CC Resolution 1985-014+ RESOLUTION NO. 85-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, ESTABLISHING AN INTERIM
COMMUNITY INFRASTRUCTURE FEE TO BE IMPOSED ON
NEW DEVELOPMENT URGENCY MEASURE)
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 applications and proposals for new residential and commercial-
land development within the City; and
WHEREAS, new development does not currently pay its
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 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 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
1
WHEREAS, there is no specific funding source to acquire and
and develop City parks and recreation facilities, and ma2ntain
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
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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 facilities,
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; and 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 findings cannot be made, the City Council will be
required to disapprove the development until such time as the
Citys new General Plan is completed and adopted and 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 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
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Resolution. Said fee shall be paid prior to issuance of
building permits, except that for good cause shown, the
Community Development Department extend the time for
payment during this urgency interim period only, of all or
part of the fee prior to issuance of occupancy permits.
Said interim community infrastructure fee shall be computed
as follows:
a) Residential $2,000 per unit *
b) Commercial, Office, Industrial $4,000 per Acre
* There is excluded from said fee all lots or units 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 Signalization 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 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
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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 from the special
capital outlay fund(s) shall be made by the City Council in the
context of approval of the CityY5 annual operating and capital
improvements budget or at such other time as the Council may
direct.
7. This Resolution is adopted as an urgency measure as an interim
fee to protect the public health, welfare and safety. The
reasons for this urgency action are set forth in the Whereas"
to this Resolution coupled with the fact that:
a) The City's public facilities and services are at capacity
and are not available to adequately accommodate the addi-
tional need for public facilities and services resulting
from proposed new development;
b) City cannot and will not make required findings that public
facilities and services are available to meet the demands
of future development with?ut financial developer assistance
to pay for such services and facilities; and
c) Developers with developments totaling many hundreds of units
are presently in a position to request and obtain building
permits and other development entitlements and, unless this
Resolution is adopted as an urgency measure, such develop-
ments may escape payment of their pro-rata fair share of
the cost of said needed public facilities and services.
APP?OVP:D and ADOPTED THIS 19th day of February 1985.
ATTEST:
CITY CLERK
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ffl$
CITY ATT Y CIT? ANAGER
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