CC Resolution 1984-053)y RESOLUTION NO. 84-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, ESTABLISHING AN INTERIM
POLICY RELATIVE TO COMMUNITY INFRASTRUCTURE FEES
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 preparing its own complete
General Plan which will include, among others, 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 appli-
cations and proposals for new residential and commercial land
development within the City; 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 facilities, including but not limited to park and
recreation facilities, schools, 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 public
facilities 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 develop-
ment 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 development; and
WHEREAS, the City staff is in the process of preparing a proposed
permanent community infrastructure fee policy to be imposed upon new
development for submittal to and adoption by the City Council; and
WHEREAS, it is necessary to establish an interim policy relative
to community infrastructure fees to be imposed upon new development,
which policy will allow development to proceed in an orderly manner
while insuring that the requirements of funding such needed community
infrastructure from new development will be satisfied by obtaining
an agreement from the applicants and owners of new development proposals
that such fees will be paid by said development at the time said
permanent fee policy is enacted by the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES
HEREBY RESOLVE AS FOLLOWS:
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)yRESOLUTION NO. 84-53
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
City the community infrastructure fee as finally 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 and said fee shall be
inapplicable to permits issued prior to the adoption of a
final fee policy by the City Council.
2. 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 a non-profit corpora-
tion exclusively for religious, educational, hospital or
charitable purposes.
c) 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.
3. The City Manager shall be responsible for the administration
and enforcement of this policy. His decisions may be appealed
to the City Council whose decision shall be final.
4. 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 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 expenditures of
funds available fro? 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 17th day of July 1984.
ATTEST:
C LERK
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)yRESOLUTION NO. 84-53
APPROVED AS TO FORM: APPROVED AS TO CONTENT
CITY AT RN
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)y AGREE??E?T BE?E[?PER-?ER
AND THE CITY OF LA QUXN?? FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGR1??? is entered into this day of 19
by and between
name of developer-a??er)
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, hereinafter
referred to as City'.
W I T N E S S E T H:
WFiEREAS, Developer is the owner of the real property described on Ehibit A..,
attached hereto and made a part of this agreement, hereinafter referred to as
Property"; and
WFIEREAS, the Property lies within the beundaries of City or is proposed to
be annexed to City; and
Developer proposes a develo?nt project as follows:
on said Property, which development carries the proposed naae of
and is hereafter referred to as Develo?nent"; and
Developer filed on the day of
19 with the City a reguest for
hereinafter referred to as Request"; and
City is presently preparing a Public Facilities Elen?t of the
City General plan which will reguire that the City Council find that all public
facilities necessary to serve a development will be available concurrent with
need or such developrr?nt shall not be approved; and
V?IP?Pp??, Developer and City recognize the need and validity of Council
Resolution dated July 17, 1984, on file with the City Clerk and
incorporated by this reference, and that the City's public facilities and
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)yservices are at capacity and will not be available to accon?date the additional
need for public facilities and services resulting fr? the proposed Development;
and
veloper 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 pr?rata
fair share of the cost of said facilities as reguired by Resolution No.
N?, THEREFORE, in consideration of the recitals and the covenants contained
herein, the parties agree as follows:
1. Developer shall pay to City a c?rrm]nity infrastructure fee for the purpose
of funding the cost of increasing the level of public facilities and inprove-
ir?nts necessaay to acc?r?date the increased needs resulting fr?n the cumulative
inpact of new develo?nt. Such increased inprovement and facilities shall
include park and recreation facilities, schools, drainage facilities, major
thoroughfares and bridges and traffic signalization, fire station, public
safety facility, city hall and library. The forin and amount of such fees
shall be as finally determined by the City Council, following public
hearing, provided said fee is uniformly inposed upon and fairly apportioned
among new development within the City. Said fee shall be paid prior to
issuance of a building or other construction pennit for the development. In
the event said fee is not deternijned and adopted by the City prior to
issuance of said permit, said fee shall not be applicable to the herein
described developrr?nt project.
2. This agreement and the fee paid pursuant hereto are required to ensure
the consistency of the Development with the City 5 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 Developnent shall be void.
3. 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 detennines the need exists to provide
the facilities and sufficient funds fram the payrrent of this and similar
public facilities fees are available.
2-
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)y 4. City agrees to provide upon request reasonable assurances to enable
Developer to c?r?ly with any requirements of other public agencies as
evidence of adequate public facilities and services sufficient to
cmoodate the needs of the Developrmnt herein described.
5. All obligations hereunder shall terminate in the event the R?i]ests
made by veloper are approved.
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 eed 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 obliga-
tions of Developer hereunder shall temrinate; provided, however, that
any successor of Developer' 5 interest in the property shall have first
ass?ir??d in writing the Developer' 5 obligations hereunder.
7. City agrees, as partial consideration for this agreement, that City
will either a) forbear from imposing a meratorium on new development
during the period of preparation of its new Ceneral Plan or its permanent
infrastructure fee policy or b) exempt the development project described
herein from any such meratorium so imposed.
IN w'?NEsS WFiEREOF, this agreement is executed in Riverside County,
California, as of the date first written above.
DEVEL?P?-?ER: CITY OF LA QUIN?A, a municipal
corporation of the
State of California
nane)
BY__________________________________ BY___________________________________
City Manager
Title)
BY__________________________________
Title)
A?ST:
CITY a?K
3-
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)yAPPI\7ED As To FO:
JAMES L?JGTIN
City Attorney
4-
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)y PREPARATION OF
COMMUNITY INFRASTRUCTURE EXACTION POLICY
FLOW CHART AND TIME CONSTRAINTS
STEP TIME RESPONSIBLE
NUMBER DEADLINE ITEM OFFICIAL
1 August 15 Establish date time period) and Planning Director*
estimated population growth rate)
at end of period.
2 Sept. 15 Establish what improvements are needed Engineer **
and the estimated cost of each major thoroughfares?
improvement category or item. bridges & traffic
signalization)
City Mana?er
fire station, public
safety facility,
administrative offices,
library and schools)
3 October 15 Apportion projected improvement Financial Consultant
costs between existing and new
users.
4 October 15 Preparation of formal adoption policy City Attorney
for City Council action.
5 Nov. 15 Council hearing and adoption of Planning Commission
formal community infrastructure general plan amend-
exaction policy. ments)and City
Council
* Planning Director shall also commence preparation of a) Recreation Element
Gov. C. 664??); b) Circulation Element to provide major thoroughfares,
bridges, and traffic signalization; and c) public facilities element for
public buildings and schools Gov. C. 659?O et. seq). Deadline for submittal
to Planning Commission is October 15.
** Engineer should commence work on drainage plan Gov. C. 66483) forthwith.
fl?nA1 fc'r aiih?itt?1 ia flnt?Th?r I
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