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