Loading...
CC Resolution 1985-008* RESOLUTION NO. 65-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING AN INTERIM COMMUNITY INFRASTRUCTURE EE TO BE IMPOSED ON NEW DEVELOPMENT. WHEREAS, the City of La Quinta was incorporated in 1982 and, on an interim basis, the City has adopted the existing County General Plan. The City is now in the process of its own complete General Plan which will include, among others1 land use, circulation, recreation and public facilities elements; and WHEREAS, since its incorporation, the City has been and continues to experience significant development pressure in the form of applications and proposals for new residential and commercial- cial 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 deteriora- tion and impacts on the City's existing infrastructure; and WHEREAS, there are 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 resent 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 definite 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 for suitable traffic flow and to minimize conflicts between vehicle, bicycle, and pedestrian movement; and BIB] 05-21-1996-U01 07:45:39AM-U01 CCRES-U02 85-U02 08-U02 *RESOLUTION NO. 85-8 WHEREAS, 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 is inadequate to address future anticipated development; and WHEREAS, the City Council finds and determines that the continued and cumulative development of the City, with the consequent increase in population and in the use of public facilities, will impose increased requirements for such facili- ties, including but not limited to park and recreation facilities, drainage facilities, major thoroughfares and bridges and traffic signalization, fire station, public safety facility, city hall, and library; that the necessity for such facilities results 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 until such time as the City's new General Plan is completed and adopted and a permanent community infrastructure fee exaction is imposed upon new develop- ment; and WHEREAS, on July 17, 1984, City Council adopted its Resolution No. 84-53, establishing an interim policy relative to community infrastructure fees, and the City staff is in the process of preparing a proposed permanent community infrastructure fee to be imposed upon new development for submittal to and adoption by the City Council; and WHEREAS, said permanent infrastructure fee is not yet completed and established and it is necessary to establish an interim fee for community infrastructure to be imposed upon new development, payment of which will allow development to proceed in an orderly manner while providing funding for such needed community infra- structure. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES HEREBY RESOLVE AS FOLLOWS: 1. Prior to approval of any zoning, rezoning, subdivision, or development proposal, the applicant shall enter into an agreement with the City whereby applicant agrees to pay to the City the interim community infrastructure fee as herein adopted by the City Council. A form copy of said agreement is attached hereto as Exhibit A" to this Resolution. Said fee shall be paid prior to issuance of building permits. 2- BIB] 05-21-1996-U01 07:45:39AM-U01 CCRES-U02 85-U02 08-U02 *RESOLUTION NO. 85-8 Said interim community infrastructure fee shall be computed as follows: a) Residential $4,000 Per Unit * b) Commercial, Office, Industrial $8,000 per Acre * As a special incentive to encourage infilling of residential lot development and to facilitate construction of affordable housing, the interim community infrastructure fee applicable to development within the area depicted on the attached map designated as Exhibit B shall be $1,000 per unit. Provided further that there is excluded from said fee all lots or unit for which a Plot Plan has been submitted and/or approved prior to the date of this Resolution; provided that said lots or units so excluded, shall be subject to payment of the Fire and Police Facilities and Equipment Fund and Traffic Signal- ization Fund Development Fees, pursuant to L.Q.M.C. Section 3.17.020. 2. The City expects to adopt a permanent community infrastructure fee prior to December 30, 1985. To the extent payment of the interim fee established herein, exceeds the permanent fee to be established, said excess payment shall be refunded to the payor within thirty 30) days following establishment of said permanent fee. 3. This interim community infrastructure fee shall be in lieu of the Fire and Police Facilities and Equipment Fund and Traffic Signalization Fund Development Fees, pursuant to Section 3.17.020 of the La Quinta Municipal Code. 4. There is excluded from the fees imposed by this interim 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. 5. 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. 6. All proceeds from fees collected pursuant to the finally adopted permanent community infrastructure fee policy shall be paid into a special capital outlay fund 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 3- BIB] 05-21-1996-U01 07:45:39AM-U01 CCRES-U02 85-U02 08-U02 *RESOLUTION?ION NO. 85-8 public improvements and facilities including those facilities set forth above in this Resolution and other similar projects as the City Council may deem necessary and appropriate. Designation of expenditure- of funds available from the special capital outlay fund(s) 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. APPROVED AND ADOPTED THIS 5th day of February 1985. 7 7 A. /* MAYOR ATTEST: CITY APPROVED AS TO FO APPROVED AS TO CONTENT CITY 4- BIB] 05-21-1996-U01 07:45:39AM-U01 CCRES-U02 85-U02 08-U02 * EXHIBIT A" AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF LA QUINTA FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this day of 19 by and between name of developer-owner) a hereinafter referred to as Corporation, partnership, etc.) *?Developer' whose address is__________________________________________ street) and THE CITY of City, State, Zip Code) LA QUINTA, a municipal corporation of the State of California, here- inafter referred to as City". W I T N E S S E T H: WHEREAS, Developer is the owner of the real property described on Exhibit A:, attached hereto and made a part of this agreement, hereinafter referred to as Property"; 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"; and WHEREAS, City is presently preparing a Public Facilities Element of the City General Plan which will require that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or syich shall not be approved; and BIB] 05-21-1996-U01 07:45:39AM-U01 CCRES-U02 85-U02 08-U02 * WHEREAS, Developer and City recognize the need and validity? of Council Resolution No?s. 84-53.& 85-8, dated July 17, 1984 and February 5, 1985 on file with the City Clerk and incorporated 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 as required by Resolution NOs. 84-53 & 85-8 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. Such increased improvement and facilities shall include park and recreation facilities, drainage facilities, major thoroughfares and bridges and traffic signalization, fire station, public safety facility, city hall and library. The form and amount of said fee shall be uniformly imposed upon and fairly apportioned among new development within the City. Said fee shall be paid prior to issuance of a building or other construction permit for the development. 2. The amount of such community infrastructure fee is hereby established, On an interim basis, as follows: a) Residential $4,000 Per Unit b) Commercial, Office, Industrial $8,000 per Acre* * As a special incentive to encourage infilling of residential lot development and to facilitate construction of affordable housing, the interim community infrastructure fee applicable to development within the area depicted on the attached map designated as Exhibit B shall be $1,000 per unit. Provided further that there is excluded from said fee all lots or unit for which a Plot Plan has been submitted and/or approved n BIB] 05-21-1996-U01 07:45:39AM-U01 CCRES-U02 85-U02 08-U02 *prior to the date of this Resolution; provided that said lots or units so excluded, shall be subject to payment of the Fire and Police Facilities and Equipment Fund and Traffic signal- ization Fund Development Fees, pursuant to L.Q.M.C. Section 3.17.020. City expects to adopt a permanent community infrastructure fee prior to December 30, 1985. To the extent such interim fee set forth above exceeds the permanent fee to be later established, said excess payment shall be refunded to Developer within 30) thirty days following establishment of said permanent fee. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's proposed new 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. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund 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 public facilities fees are available. 5. 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. 6. All obligations hereunder shall terminate in the event the Requests made by Developer are disapproved. 7. 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 of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of BIB] 05-21-1996-U01 07:45:39AM-U01 CCRES-U02 85-U02 08-U02 * 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 8. City agrees, as partial consideration for this agreement, that City will either a) forbear from imposing a moratorium on new development during the period of preparation of its new General Plan or its permanent infrastructure fee policy or b) exempt the development project described herein from any such moratorium so imposed. 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?oration of the State of California name) BY_____________________________________ Ci?y Maha?er Title) BY___________________________________ Approved As To Form Title) ATTEST City Clerk BIB] 05-21-1996-U01 07:45:39AM-U01 CCRES-U02 85-U02 08-U02