Loading...
HomeMy WebLinkAboutCC Reso No 2005-096.i y RESOLUTION NO.2005-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTING THE CITY OF LAKE ELSINORE DEVELOPMENT IMPACT FEE STUDY AND ESTABLISHING A PUBLIC BUILDING FACILITIES FEE FOR DEVELOPMENT PROJECTS WITHIN THE CITY OF LAKE ELSINORE WHEREAS, the City Council of the City of Lake Elsinore has adopted an ordinance amending Chapter 16.74 which creates and establishes the authority for imposing and charging additional development impact fees for Animal Shelter Facilities, City Hall and Public Works Facilities, Community Center Facilities and Lake Side Facilities within the City (collectively as "Public Building Facilities Fees"); and WHEREAS, the City Council finds as follows: A. The City of Lake Elsinore Public Building Facilities Fee Study complies with California Government Code Section 66001 by establishing the basis for imposition of fees on Development Project. In particular, the City of Lake Elsinore Public Building Facilities Fee Study: 1. Identifies the purposes of the fees; 2. Identifies the use to which the fees will be put; 3. Shows a reasonable relationship between the fee's use and the type of development project on which the fee is imposed; 4. Shows a reasonable relationship between the need for the public facilities and the type of development projects on which the fees are imposed; and 5. Shows a reasonable relationship between the amount of the fees and the cost of the public facilities attributable to the development on which the fees are imposed. B. The fees collected pursuant to this resolution shall be used to finance the public facilities described or identified in the City of Lake Elsinore Public Building Facilities Fee Study or other public facility plans as may from time to time be adopted by the City Council. C. After considering the specific descriptions and cost estimates identified in the Public Building Facilities Fee Study, the Council approves such project CITY COUNCIL RESOLUTION N0.2005-96 Page 2 of 6 descriptions and cost estimates, and finds them reasonable as the basis for calculating and imposing certain development impact fees. D. The projects and fee methodology identified in the Public Building Facilities Fee Study are consistent with the City's General Plan. E. The Public Building Facilities Fee Study is categorically exempt from environmental review pursuant to the California Environmental Quality Act guidelines section 15061(b)(3). The intent of the study and proposed fees is to provide one means of mitigating potential environmental impacts which have been identified in environmental analyses of other planning efforts. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Adoption of Fee Study. The Public Building Facilities Fee Study is hereby adopted. SECTION 2. Definitions. The terms herein shall have the same meaning as set forth in the Chapter 16.74 and the proposed amendment thereto. SECTION 3. Timing of Fee. The fees proposed under the Public Building Facilities Fee Study shall be imposed upon issuance of the applicable development permit and shall be paid at the rate in effect on the day of payment prior to issuance of a certificate of occupancy for the project, or at such earlier time permitted by law as set forth in Government Code section 66007. SECTION 4. Fee Determination. (a). Public Building Facilities Fees for Residential Development shall be based upon the type of unit constructed and as set forth in Exhibit A. Residential development of detached single-family units shall pay the Single Family Unit rate. Residential development of duplexes and other medium to low densities shall pay the Duplex/Medium-Low rate. Residential development of apartments and condominiums shall Apartment/Condo rate. Development impact fees for group homes, co-housing or other types of residences not described above shall be determined by the Community Development Director based on analysis of the public service impacts of such development in relation to a single family dwelling unit. CITY COUNCIL RESOLUTION N0.2005-96 Page 3 of 6 (b) City Hall and Public Works Facilities Fees for Nonresidential Development shall be based upon the habitable and enclosed square footage of building and be determined by the rate and formula set forth in Exhibit A. (c) Public Building Facilities Fees for land uses not shown in Exhibit A will be determined by the Community Development Director who shall determine such fee based on analysis of the public service impacts of the proposed use in relation to other nonresidential uses shown in Exhibit A. (d) If a Development Permit is issued that would alter the amount of the Public Building Facilities Fees due for the development or require the payment of a new or additional development impact fee, any such previously paid fees shall be credited against the new total fee due, as determined by the Community Development Director, provided, however, that in no event shall the City refund fees previously paid because of a change in land use. (e) Public Building Facilities Fees for additions to, or replacement or ', intensification of, an existing nonresidential use shall be paid only on the net increase in habitable and enclosed square footage of building compared to that which existed within the City Limits as of the effective date of the proposed amendment to Chapter 16.74. SECTION 5. Exemptions. The following Development Projects are exempted from paying development impact fees: (a) Additions of Accessory Structures. (b) Addition of habitable living space to an existing single family unit. (c) A Development Project which, at the time of issuance of a building permit, is not subject to the Public Building Facilities Fees by virtue of the terms of a valid development agreement or when such Development Project proceeds under a vesting tract map upon which the Public Building Facilities Fees cannot be imposed as a matter of law. (d) Nonresidential Development if the developer qualifies as a non- profit organization and is exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code of 1986. Notwithstanding the foregoing exemption, the developer shall be required as a condition to issuance of the development license to cause the owner of record to execute a contract to pay the City Hall and Public Works Facilities Fee upon CITY COUNCIL RESOLUTION N0.2005-96 Page 4 of 6 transfer of the Development Project or any portion thereof to a purchaser that does not qualify as a non-profit organization that is exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code of 1986. Such contract shall be recorded with Riverside County Recorder and shall constitute a lien for the payment of the City Hall and Public Works Facilities Fee. SECTION 6. Amount of Fee. Public Building Facilities Fees shall be as set forth in Exhibit A and as supported by the City of Lake Elsinore Public Building Facilities Fee Study and the staff report scenarios addressing fee reductions for nonresidential development and administration, attached hereto and incorporated herein. SECTION 7. Use of Fee. The fee shall be solely used (1) for the purposes described in the Public Building Facilities Fee Study, (2) for reimbursing the City for the development's fair share of those capital improvements already constructed by the City; or (3) for reimbursing developers who have constructed public facilities described in the Public Building Facilities Fee Study or other facility master plans adopted from time to time by the City Council where those facilities were beyond that needed to mitigate the impacts of the developers project or projects. SECTION 8. Fee Adjustment. Commencing on July 1, 2006, the fees established and imposed by this Resolution shall be adjusted as of July 1 of each year based upon the percentage increase or decrease, if any, of the Engineering News Record Construction Cost Index (the "CCI") for the Los Angeles Metropolitan Area (CCI) for the twelve month period prior to May 1 of the year in which the change will be effective. SECTION 9. Judicial Action to Challenge this Resolution. Any judicial action or proceeding to attack, review, set aside, void, or annul this resolution shall be brought within 120 days of the date of adoption of this resolution. SECTION 10. Severability. If any provision or clause, or paragraph of this resolution or the imposition of a major project's financing fee for any project with the Development Impact Fee Study or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this resolution or other fees levied by this resolution which can be given effect without the invalid provisions or application of fees, and to this end the provisions of the resolution are declared to be severable. SECTION 11. Effective Date. The City Clerk of the City shall certify the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force CITY COUNCIL RESOLUTION N0.2005-96 Page 5 of 6 and effect concurrent with the effective date of the proposed ordinance amending Chapter 16.74 on all Development Projects obtaining a building permit after such effective date of this Resolution. PASSED, APPROVED AND ADOPTED this 9 day of August, 2005. AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE .~ obert E. Magee, N City of Lake Elsin~ A City Clerk City of Lake AS City Attorney City of Lake CITY OF LAKE ELSINRE Developer Impact Fee Resolution EXHIBIT A Single Duplex/ Family Medium- Apartments/ Unit Low Condos Office Retail Industrial City Hall & Public Works Facilities $ 809 696 404 180 108 36 Community Center Facilities 545 469 272 - - - Lake Side Facilities 779 671 389 - - - Animal Shelter Facilities 348 299 174 - - - Total Public Building Impact Fee $ 2,481 2,135 1,239 180 108 36