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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 BIB] 06-19-1998-U01 09:26:16AM-U01 ADMIN-U01 CCRES-U02 87-U02 39-U02 ^#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 BIB] 06-19-1998-U01 09:26:16AM-U01 ADMIN-U01 CCRES-U02 87-U02 39-U02 ^#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 BIB] 06-19-1998-U01 09:26:16AM-U01 ADMIN-U01 CCRES-U02 87-U02 39-U02 ^#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 BIB] 06-19-1998-U01 09:26:16AM-U01 ADMIN-U01 CCRES-U02 87-U02 39-U02 ^#5x RESOLUTION NO. 87-39 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 BIB] 06-19-1998-U01 09:26:16AM-U01 ADMIN-U01 CCRES-U02 87-U02 39-U02 ^#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 BIB] 06-19-1998-U01 09:26:16AM-U01 ADMIN-U01 CCRES-U02 87-U02 39-U02 ^#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 BIB] 06-19-1998-U01 09:26:16AM-U01 ADMIN-U01 CCRES-U02 87-U02 39-U02 ^#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- BIB] 06-19-1998-U01 09:26:16AM-U01 ADMIN-U01 CCRES-U02 87-U02 39-U02 ^#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- BIB] 06-19-1998-U01 09:26:16AM-U01 ADMIN-U01 CCRES-U02 87-U02 39-U02 ^#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 BIB] 06-19-1998-U01 09:26:16AM-U01 ADMIN-U01 CCRES-U02 87-U02 39-U02