CC Resolution 1987-039^#5x RESOLUTION NO. 87-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, AMENDING RESOLUTION NO. 85-26
RELATIVE TO THE COMMUNITY INFRASTRUCTURE FEE POLICY.
WHEREAS, the City of La Quinta was incorporated in 1982 and, on
an interim basis, the City adopted the existing County General
Plan, and the City has now prepared and adopted its own complete
General Plan, consisting of all required elements; and
WHEREAS, since its incorporation, the City as been and continues
to experience significant development pressure in the form of
applications and proposals for new residential and commercial land
development within the City; and
WHEREAS, new development does not currently pay it's reasonable
share for infrastructure improvements while development is occurring
in La Quinta at a rapid rate adding further deterioration and impacts
on the City's existing infrastructure; and
WHEREAS, there is inadequate drainage facilities in the City and
there is a need to develop a drainage system since La Quinta is
located in several flood zones and is therefore subject to serious
flooding of both a local and regional nature; and
WHEREAS, there is a lack of public improvements and facilities,
including a deficiency in public safety facilities, and the City is
responsible for maintaining an appropriate level of service to the
present and future citizens of La Quinta; and
WHEREAS, the City of La Quinta currently has no permanent public
buildings, such as a City Hall and a Municipal Library, to conduct
government business and provide for quality service to the community
and there is a need to acquire land for and construct such public
buildings; and
WHEREAS, there is no specific funding source to acquire land and
develop city parks and recreation facilities, and maintain and
improve its existing park facilities and there is a need to provide
for the public's park and recreation needs to accommodate the City's
growing population; and
WHEREAS, the City's existing circulation system is inadequate to
handle current and future traffic patterns and it is essential to
widen City streets which have inadequate width, improve the
circulation system to accommodate an anticipated increase in traffic,
and improve and develop bridges and traffic signals suitable traffic
flow and to minimize conflicts between vehicle, bicycle, and
pedestrian movement; and
WHEREAS, existing City revenues and fees imposed upon new
development, including the existing development fee collected for
fire and police facilities and equipment and traffic signalization
pursuant to Section 3.17.020 of the La Quinta Municipal Code, are
inadequate to provide needed infrastructure for future anticipated
development; and
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^#5xRESOLUTION NO. 87-39
WHEREAS, the City has recently adopted a Public Facilities and
Building Element of the General Plan, the goal and objective of which
is to provide a comprehensive public services and facilities and
public building program for the citizens of the City of La Quinta now
and in the future so as to ensure that all necessary public
facilities will be available concurrent with need in connection with
the development of the City pursuant to the balance of the General
Plan. The provisions of said public Facilities and Building Element
are incorporated in this Resolution by this reference; and
WHEREAS, the continued and cumulative development of the City,
with the consequent increase in population and demand for the use of
public facilities, will impose increased requirements for such
facilities, including but not limited to park and recreation
facilities, major thoroughfares and bridges and traffic
signalization, public safety facilities and other public buildings;
directly from new development and the need cannot be met and financed
from ordinary City revenues; and
WHEREAS, the most practicable and equitable method of paying for
such needed facilities is to impose a fee upon new development within
the City and the payment of such a fee will enable the City to fund a
construction program to provide such public facilities as they are
required and demanded; that if a development agrees to pay the
community infrastructure fee established by this policy, the Council
will be able to find that all necessary public facilities and
services will be available concurrent with need and, in the event
such finding cannot be made, the City Council will be required to
disapprove the development as being inconsistent with the General
Plan; and
WHEREAS, on March 19, 1985, the City Council deemed it necessary
and desirable to establish a policy regarding the requirements which
must be met before the City Council will find that the Public
Building and Facilities Element has been satisfied and to establish a
policy that will allow development to proceed in an orderly manner
while insuring that the requirements of the Public Building and
Facilities Element will be satisfied by establishing a fee to fund
the cost of the above stated City provided facilities which will
insure the availability of said facilities which will insure the
availability of said facilities concurrent with need. Said policy
was the subject of Resolution No. 85-26 and was entitled the
community infrastructure fee policy"; and
WHEREAS, said infrastructure fee policy, among other things,
established a residential fee equal to 1-1/2% of the building permit
valuation for each dwelling up to a maximum fee of $2,000.00, even
though the Infrastructure Fee Study", dated March 19, 1985,
recommended a fee of 2.8% of building permit valuation as necessary
to fund the cost of the recommended and needed capital improvements;
and
WHEREAS, the City Council established the fee in an amount
reduced from the recommended fee amount in order to reduce the cost
of housing in La Quinta and to make housing more affordable, and the
City Council contemplated that said infrastructure fee, as
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^#5xRESOLUTION NO. 87- 39
established, would be reviewed periodically to determine whether
amendments were necessary to provide sufficient funds for needed
capital improvements; and
WHEREAS, the City has now conducted further studies relative to
community infrastructure needs and the funds necessary to meet said
capital improvement needs, and based upon said studies and reports,
the City Council hereby amends said Resolution No. 85-26 as provided
herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES
HEREBY RESOLVE AS FOLLOWS:
1. Findings. Each WHEREAS paragraph, set forth above, is
hereby adopted as a specific finding of this City Council.
The City Council further finds that:
a. The reports entitled Infrastructure Fee Study", dated
March 19, 1985, as amended and changed by the new Infrastructure
Fee Report dated June 1 & 18, 1987, accurately states the City's
need of and lack of ability to provide for the described public
buildings, facilities and services to serve new development.
Said reports set forth a necessary and reasonable method of
funding said buildings and facilities. Said reports are hereby
approved and incorporated herein by this reference.
b. The categories of community infrastructure and the
percent of said infrastructure fee attributed to each category
of infrastructure is a follows:
Public Buildings 10.6%
Public Safety Building 8.7%
Recreational Facilities 11.8%
Bridges 14.0%
Major Thoroughfares 46.5%
Traffic & Pedestrian Signals 2.4%
C. In order to allow residential and commercial land
development to proceed in an orderly manner, while insuring that
all new development is consistent with the General Plan,
including the Public Building and Facilities Element, it is
necessary and appropriate to establish the following
infrastructure fee to be imposed upon new development. Said fee
will assist the City in funding a construction program to
provide such needed public buildings and facilities as they are
required and needed. If said infrastructure fee is imposed upon
and paid by new development in accord with the provisions of
this resolution, then and in that event, the City is enabled to
make a required finding that all necessary public facilities and
services will be available concurrent with need. On the other
hand, if said infrastructure fee is not so imposed and paid, the
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^#5x RESOLUTION NO. 87-39
City shall be required to disapprove such development as not
consistent with the General Plan.
2. Community Infrastructure Fee Policy. Amount. Prior to
approval of any zoning, rezoning, subdivision, or
development proposal, the applicant shall pay or agree to
pay a Community Infrastructure Fee in the following amount
for the following type development:
a. Residential An amount equal to 2.25% of the building
permit valuation for each dwelling or structure, with a
maximum fee of $6,000.00.
b. Commercial, Industrial and all other non-residential
$6,000.00, per gross acre provided, however, that City
may waive or reduce this Commercial/Industrial fee in
cases where applicant demonstrates that the proposed
development will generate significant sales tax and
transient occupancy tax to City.
The fee shall be paid prior to issuance of building or
other similar permits and shall be based on the permit
valuation at that time.
3. Use of Funds. Capital Outlay. All proceeds from fees
collected pursuant to the community infrastructure fee
policy shall be paid into special capital outlay funds to
be established by the City. Said fund or funds shall be
used only for the purpose of acquiring, building,
improving, expanding and equipping public property and
public improvements and facilities described as community
infrastructure in this Resolution, as the City Council may
deem necessary and appropriate. Designation of
expenditures of funds available from the special capital
outlay fund 5) shall be made by the City Council in the
context of approval of the City's annual operating and
capital improvements budget or at such other time as the
Council may direct.
4. Exclusions and Exceptions. There is excluding from the
fees imposed by policy, the following:
a) Any person when imposition of such fee upon that person
would be in violation of the constitution and laws of
the United States or the State of California.
b) The construction of any building by the City of La
Quinta, the United States or any department or agency
thereof or by the State of California or any
department, agency or political subdivision thereof.
c) The City Council may grant an exception for a low cost
housing project where the City Council finds such
project consistent with the Housing Element of the
General Plan and that such exception is necessary. In
approving an exception for low cost housing, the City
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Council may attach conditions, including limitations on
rent or income levels of tenants. If the City Council finds
a project is not being operated as a low cost housing
project in accordance with all applicable conditions, the
fee, which would otherwise be imposed by this chapter,
shall immediately become due and payable.
5. Credits. Other Methods of Providing Infrastructure.
Unless otherwise specifically provided herein, the
community infrastructure fee shall be in addition to and
not in lieu of other valid exactions imposed upon new
development through the subdivision or other approval
processes. Provided, however, that payment of the
infrastructure fee shall be in lieu of payment of the
public facilities and equipment and traffic signalization
fund pursuant to La Quinta Municipal Code, 3.17.020.
Provided further, that in the event developer is required
to directly provide infrastructure improvements
specifically provided for in the fee structure e.g. bridge
or fire station construction), developer shall receive a
fair and equitable credit against the fee. Except no credit
shall be provided for or applicable to the construction or
widening of major thoroughfares.
City hereby determines that the infrastructure fee is not
intended to be the exclusive method of installation of
needed public buildings and facilities and the City will
consider alternative proposals such as the Mello-Roos
Community Facilities Act of 1982, and Subdivision Map Act
provisions for financing of bridges and parks), to provide
needed infrastructure to particular development and, to the
extent such alternative proposal is discretionary approved
by the City Council, developer shall receive a fair and
equitable credit against payment of the infrastructure
fee. Any developer seeking alternative methods of
installation shall submit such proposal to the City at the
time of submittal of an application for development.
6. Validity. Severance. If any section, subsection,
sentence, clause or phrase of this resolution is for any
reason held to be invalid, such holding or holdings shall
not affect the validity of the remaining portions of this
Resolution. The Council declares that it would have passed
this Resolution and each section, subsection, sentence,
clause and phrase thereof, irrespective of the fact that
any one or more sections, subsections, sentences, clauses
or phrases be declared invalid.
In determining the amount of infrastructure fee, the City
Council has been guided by the reports mentioned in
* paragraph 1 hereof, but as reduced the fee from the amount
recommended therein in order to reduce the overall cost of
housing in the City. In the event any category of such fee
shall be declared invalid, such determination shall not
affect the validity of any other category. The Council
further finds, declares and determines that the
infrastructure fee on all remaining valid fee category
shall be increased by the amounts of the fee categories
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^#5x RESOLUTION NO. 87-39
declared invalid. provided, however, that the amount of
the remaining valid fee categories shall not be so
increased over and above the amount recommended by said
report for each category.
7. Administration and Enforcement. Effective Date.
Repealer.
The Community Development Director shall be responsible for
the administration and enforcement of this policy. His
decision may be appealed to the City Council whose decision
shall be final. The City Manager is hereby authorized to
execute necessary agreements for the administration of this
policy.
This Resolution shall become effective October 5, 1987, and
shall remain in effect for a period of ten 10) years
through October 4, 1997) at which time it is repealed.
provided, however, that such period of time shall be
extended by any period of time during which a residential
development moratorium is in existence within the City.
APPROVED and ADOPTED this 4th day of August, 1987. 7
MAYO
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
CITY ATTORNEY l//;T<jjCE<R**
A
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^#5x AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF LA QUINTA FOR THE
PAYMENT OF A COMMUNITY INFRASTRUCTURE FEE
THIS AGREEMENT is entered into this day
19 by and between
name of developer-owner)
a hereinafter referred to as
corporation, partnership, etc.)
Developert1 whose address is
street)
and the CITY of
City, State and Zip Code)
LA QUINTA, a municipal corporation of the State of California,
hereinafter referred to as 11City'1.
W I T N E S S E T H:
WHEREAS, Developer is the owner of the real property described
on Exhibit A11, attached hereto and made a part of this agreement,
hereinafter referred to as Property'1; and
WHEREAS, the Property lies within the boundaries of City or is
proposed to be annexed to City, and
WHEREAS, Developer proposes a development project as follows;
on said Property, which development carries the proposed name of
and is hereafter referred to as Development"; and
WHEREAS, Developer filed on the day of
19 with the City a request for
Hereinafter referred to as Request'1; and
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^#5x WHEREAS, City has adopted a Public Buildings and Facilities
Element of the City General Plan which requires that the City Council
find that all public facilities necessary to serve a development will
be available concurrent with need or such development shall not be
approved; and
WHEREAS, Developer and City recognize the need and validity of
Council Resolution No. 87- dated August 4, 1987, on file with the
City Clerk and incorporated herein by this reference, and that the
City's public facilities and services are at capacity and will not be
available to accommodate the additional need for public facilities
and services resulting from the proposed Development; and
WHEREAS, Developer has asked the City to find that public
facilities and services will be available to meet the future needs of
the Development as it is presently proposed; but the Developer is
aware that the City cannot and will not be able to make any such
finding without financial assistance to pay for such services and
facilities; and therefore, Developer proposes to pay its pro-rata
share of the cost of said facilities by payment of the Community
Infrastructure Fee as required by Resolution No. 87-
NOW, THEREFORE, in consideration of the recitals and the
covenants contained herein, the parties agree as follows:
1. Developer shall pay to City a community infrastructure fee
for the purpose of funding the cost of increasing the level of
public facilities and improvements necessary to accommodate the
increased needs resulting from the cumulative impact of new
development. The amount of said fee and the terms and
conditions relative to payment thereof shall be as set forth in
2-
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^#5x said Resolution No. 87- Said fee shall be paid prior to
issuance of a building or other construction permit for the
development.
2. This agreement and the fee paid pursuant hereto are
required to ensure the consistency of the Development with the
City's General Plan. If the fee is not paid as provided herein,
the City will not have the funds to provide the public
facilities and services, and the development will not be
consistent with the General Plan and any approval or permit for
the Development shall be void.
3. City agrees to deposit the fees paid pursuant to this
agreement into one or more public facilities capital outlay
funds for the financing of public facilities to be constructed
* when the City Council determines the need exists to provide the
facilities and sufficient funds from the payment of this and
similar community infrastructure fees are available.
4. City agrees to provide upon request reasonable assurances
to enable Developer to comply with any requirements of other
public agencies as evidence of adequate public facilities and
services sufficient to accommodate the needs of the Development
herein described.
5. All obligations hereunder shall terminate in the event the
Requests made by Developer are disapproved.
6. This agreement shall be binding upon and shall inure to the
benefit of, and shall apply to, the respective successors and
assigns of Developer and the City, and references to Developer
or City herein shall be deemed to be reference to and include
their respective successors and assigns without specific mention
3-
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^#5x of such successors and assigns. If Developer should cease to
have any interest in the Property, all obligations of Developer
hereunder shall terminate; provided, however, that any successor
of Developer's interest in the property shall have first assumed
in writing the Developer's obligations hereunder.
IN WITNESS WHEREOF, this agreement is executed in Riverside
County, California, as of the date first written above.
DEVELOPER-OWNER CITY OF LA QUINTA, a municipal
corporation of the State of
California
Name)
BY: BY:_________________________
City Manager
Title)
BY: Approved as to Form:
Title) City Attorney
ATTEST.
City Clerk
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