CC Resolution 2002-034 DIF RESOLUTION NO. 2002-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING RESOLUTION NUMBER 99-80, RELATING TO
THE DEVELOPMENT IMPACT FEES
WHEREAS, the City of La Quinta was incorporated in 1982; and
WHEREAS, since its incorporation, the City has been and continues to
experience significant development activity in the form of applications and proposals
for new residential and commercial land development within the City; 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'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 for
_ traffic flow and to minimize conflicts between vehicle, bicycle, and pedestrian
movement; 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 fire
stations, 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 enables the City to fund a construction program to provide such
public facilities as they are required and demanded; that when a development pays the
Development Impact Fee established by this policy, the City Council will be able to find
that all necessary public facilities and services will be available concurrent with the
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
Resolution No. 2002-
Development Fees
Adopted: March 5, 2002
Page 2
WHEREAS, in 1989 the California Statute took effect which governs the
establishment, increase, and imposition of fees levied by local agencies as a condition
of development project approval for the purpose of defraying all or a portion of the
cost of public facilities related to the development project; and
WHEREAS, public facilities are defined in the statute to include public
improvements, public services, and community amenities; and
WHEREAS, these requirements are found in the Mitigation Fee Act (Government
Code Sections 66000 et seq.) and are commonly known as AB1600" requirements
after the 1 987 Assembly Bill in which they originated; and
WHEREAS, pursuant to Section 66001, an agency establishing, increasing or
imposing impact fees must make findings to:
1. Identify the purpose of the fee;
2. Identify the use of the fee;
3. Determine that there is a reasonable relationship between:
a. The use of a fee and the type of development on which it is imposed;
b. The need for the facility and type of development on which the fee is
imposed;
c. The amount of the fee and the public facility cost attributable to the
development on which the fee is imposed; and
WHEREAS, the City Charter provides authority to the City to regulate all
Municipal affairs under Article 1 Section 100; and
WHEREAS, the adoption of this fee program and procedures as set out in this
Resolution is found to be a matter of local concern to implement in a timely manner
public infrastructures; and
WHEREAS, the City in 1999 conducted studies relative to future community
infrastructure needs; the funds necessary to meet said capital improvement needs; and
the relationship between those needs and future development; and based upon said
studies and reports, the City Council adopted Resolution No. 99-80; and
WHEREAS, the 1999 Development Impact Fee Study report has been updated
in a report titled 2002 Development Impact Fee Study. '
Resolution No. 2002-
Development Fees
Adopted: March 5, 2002
Page 3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES
HEREBY FIND AND 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 report entitled "Development Impact Fee Study," dated January
2002 (the Fee Study ), 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. The Fee Study sets forth a necessary and reasonable method of
funding said buildings and facilities. The Fee Study shows that there is a
reasonable relationship between the use of the fee and the projected types of
development; the need for the various public facilities by the projected types of
development pursuant to the City's General Plan; and the amount of the fee and
the proportionate .facility cost related to the development. The Fee Study is
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 in the Fee Study
are as follows:
Tra nspo rtati o n 57.08 %
Parks 1 6.03 %
Civic Center 1 2.05 %
Library 7.19%
Community Centers 3.10%
Street/Park Maintenance 0.92%
Fire Protection Facilities 3.63%
c. As set forth in detail in the Fee Study, 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 approve
the following Development Impact 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.
Resolution No. 2002-
Development Fees
Adopted: March 5, 2002
Page 4
2. Development Impact Fee Policy Amount. Prior to approval of any zoning, re
zoning, subdivision, or development proposal, the applicant shall pay or agree
to pay a Development Impact Fee in the following amount for the following type
development:
a. Residential Single Family Detached - $2,405 per equivalent dwelling unit
(EDU)
b. Residential Single Family Attached - $2,001 per EDU
c. Residential Multi Family Other - $1,484 per EDU
d. Office/Hospital- $2,256 per 1,000 square feet of floor area (KSF)
e. General Commercial- $1,874 per KSF
f. Tourist Commercial- $681 per room
g. Golf Courses- $279 per acre
The fees shall be paid prior to the issuance of Building permit.
3. Use of Funds Capital Outlay. All proceeds from fees collected pursuant to the
Development Impact 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(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 City 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 facility 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.
Resolution No. 2002-
Development Fees
Adopted: March 5, 2002
Page 5
5. Credits. Other Methods of Providing Infrastructure. Unless otherwise
specifically provided herein, the Development Impact 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 Development Impact Fee shall be in lieu of payment of the public facilities
and equipment and traffic signalization funds 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,
developer shall receive a fair and equitable credit against the Development
Impact Fee.
The 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 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 Development Impact 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 City
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 Development Impact Fee, the City Council has
been guided by the Fee Study mentioned in paragraph one hereof. In the event
any category of such fee shall be declared invalid, such determination shall not
affect the validity of any other category. The City Council further finds,
declares and determines that the Development Impact Fee on all remaining valid
fee categories shall be increased by the amounts of the fee categories 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.
Resolution No. 2002-
Development Fees
Adopted: March 5, 2002
Page 6
7. Administration and Enf0rcement. 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 May 4, 2002
PASSED, APPROVED and ADOPTED this 5th day of March, 2002, by the
following vote:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a
NOES: None
ABSTAIN: None
City ol alifornia
ATTEST:
J~K, CMC,'City ~k
City of La Quinta, California
(City Seal)
Resolution No. 2002-
Development Fees
Adopted: March 5, 2002
Page 7
APPROVED AS TO FORM'
Attorney
City of La Quinta, California