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HomeMy Public PortalAbout2006-067 (05-02-06)RESOLUTION NO. ppp[~_p57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ESTABLISHING DEVELOPMENT IMPACT FEES AND ADOPTING THE COMPREHENSIVE IMPACT FEE (NEXUS) STUDY FOR THE CITY OF LYNWOOD WHEREAS, many cities and counties have adopted and imposed development impact fees on new development to pay for new development's fair share of infrastructure r--~ and services; and -' WHEREAS, on May 2, 2006, the City Council of the City of Lynwood adopted for final passage Ordinance No. 1574 establishing a Development Fee Impact Program in the City of Lynwood; and WHEREAS, the City retained Pacific Municipal Consultants ("PMC") to prepare a Comprehensive Impact Fee nexus study dated March 29, 2006 (the "Study") in accordance with Government Code §§ 66000 et seq.; and WHEREAS, the Study provided the City with information and data regarding the nexus between the public facilities and services and the benefiting land uses that would pay the fees at time of development; and WHEREAS, the Study provided data outlining various public facilities zind services which are now highly subsidized primarily by the General Fund; and WHEREAS, it is the City's policy that future new development should contribute its fair share to public facilities and services though the imposition of impact fees which will be used to finance, defray or reimburse the City for the appropriate portion of the cost of public facilities which serve such development; and WHEREAS, the City Council has held at least one duly noticed public hearing on the proposed development impact fees with an opportunity for the public to be heard. pursuant to the provisions of Government Code §§ 66016 - 6601 8; and WHEREAS, the Study prepared by PMC has been available for public review and comment pursuant to the provisions of Government Code § 66016; and WHEREAS, pursuant to the provisions of Ordinance No. 1574 ,the City Council of the City of Lynwood desires to impose and adopt the Development Impact Fees in accordance with the nexus calculations and recommendations in the Study. NOW THEREFORE, the City Council of the City of Lynwood does hereby find, order, and resolve as follows: SECTION 1: That the City Council of the City of Lynwood finds and determines that the Comprehensive Impact Fee nexus study dated March 29, 2006 prepared by Pacific Municipal Consultants (the "Study") complies with California Government Code § 66001 by establishing the basis for the imposition of the fees on new development. This finding is based on the fact that the Study: (a) Identifies the purpose of the fees; (b) Identifies the use to which the fees will be put; (c) Shows a reasonable relationship between the use of the fees and the type of development project on which the fees are imposed; (d) Demonstrates a reasonable relationship between the need for the public facilities and the type of development projects on which the fees are imposed; and (e) Demonstrates a reasonable relationship between the amount of the fees and the cost of the public facilities or portion of the public facilities attributable to the development on which the fees are imposed. SECTION 2. That the City Council hereby determines that the fees collected pursuant to this Resolution shall be used to finance the public facilities described or identified in the Study. SECTION 3. That the City Council has considered the specific project descriptions and cost estimates identified in the Study and hereby approves such project descriptions and cost estimates and finds them reasonable as the basis for calculating and imposing certain development impact fees. SECTION 4. That the City Council finds that the projects and fee methodology identified in the Report are consistent with the City's General Plan and Capital hnprovement Plan. SECTION 5. The adoption of the Study and the Development Impact Fee Schedule are statutorily and categorically exempt from the requirements of the California Environmental Quality Act ("CEQA"), because the setting of development impact fees merely establishes a funding mechanism for the provision of future projects, and as such, the Resolution is not an essential step culminating inaction which may affect the environment and em ironmcntal review required under CEQA will be performed when projects funded by the development impact fees are chosen and defined (Kaufman & Broad South Bay. Inc. v. Morgan Hill (1993) 9 CaLApp.4`~' 464. SECTION 6. That the City Council adopts the Development Impact Fee Schedule attached hereto as Exhibit A. SECTION 7. That the Comprehensive Impact Fee nexus study dated March 29, 2006 prepared by Pacific Municipal Consultants, attached hereto as Exhibit B is hereby adopted. SECTION 8. That the fees specified in the attached Exhibit A shall become effective sixty (60) days following the adoption of this Resolution by the City Council. SECTION 9. That this Resolution is contingent upon Ordinance No. 1574 becoming effective. PASSED, APPROVED AND ADOPTED this 2nd day of May , ?~~~ .eticia Vasquez, May City of Lynwood ATTEST. Andrea L. Hooper City Clerk .APPROVED AS TO FORM: Arnoldo Beltran ity Attorney APPROVED AS TO CONTENT: 6 __ N. Enriq~,~e artinez City Manager Marianna Mafysheva Assistant City Manager- Finance EXHIBIT A DEVELOPMENT IMPACT FEE SCHEDULE EFFECTIVE JULY 2, 2006 ~,_ Facility Category Single Family Multi- Family Commercial Industrial Office Fee per Dwelling Unit Fee per 1 000 Building Square Feet ~ Police Services $ 413.32 $ 413.32 $ 29.63 $ 12.52 $ 35.39 Parks/Recreation 2,270.10 2,270.10 - - - Civic Center/City Garage 145.70 145.70 10.44 4.41 12.47 Water facilities 1,381.25 1,381.25 2,244.53 1,381.25 1,381.25 Wastewater facilities 347.17 208.30 433.96 267.32 267.32 Noise-Monitoring System 0.42 0.42 0.03 0.01 0.03 Technological Enhancements 35.02 35.02 2.51 1.06 3.00 Childcare - - 7.14 3.02 8.53 Subtotal $ 4,592.98 $ 4,454.11 $ 2,728.24 $1,669.59 $ 1,707 99 Administration 5% $ 241 $ 235 $ 143 $ 88 $ 90 Total Public Facilities Development Impact Fee $ 4,834 $ 4,689 $ 2,871 $ 1,758 $ 1,798 ("PFDIF") Transportation facilities $ 320.67 $ 224.47 $ 1,439.81 $ 234.09 $ 368.77 Administration 5% $ 17 $ ~12 $ 76 $ 12 $ 19 Total Transportation " " $ 338 $ 236 $ 1,516 $ 246 $ 388 Development Impact Fee ( TDIF ) TOTAL $ 5,172 $ 4,925 $ 4,387 $ 2,004 $ 2,186 STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the 2nd day of May , 2006 and passed by the following vote: AYES: COUNCILMEN BYRD, JOHNSON, PEDROZA, SANTILLAN AND VASQUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Andrea L. Hooper, City Clerk STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. 2006.067 in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 2nd day of Mav , 2006, Andrea L. Hooper, City Clerk