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Home My WebLink AboutCC RESO 2005 - 17RESOLUTION NO. 2005 —17 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND ADOPTING THE CITY OF NATIONAL CITY "DEVELOPMENT IMPACT FEE STUDY", AND THE IMPACT FEE SCHEDULE — 2005, AND ESTABLISHING DEVELOPMENT IMPACT FEES FOR ALL DEVELOPMENT WITHIN THE CITY OF NATIONAL CITY WHEREAS, the City Council of the City of National City caused to be prepared the National City "Development Impact Fee Study"; and WHEREAS, on February 1, 2005, the City Council held a noticed public hearing, at which time public comments and other oral and documentary evidence was received and considered with respect to the adoption of the City of National City "Development Impact Fee Study" dated January 11, 2005, (hereinafter sometimes referred to as the "Development Impact Fee Study"); and WHEREAS, the City Council finds as follows: A. The "Development Impact Fee Study" complies with California Government Code Section 66001 by establishing the basis for imposition of fees on new development. In particular, the "Development Impact Fee Study": 1. Identifies the purpose of the fee. 2. Identifies the use to which the fee 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 facility and the type of development project on which the fee is imposed. 5. Shows a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed. B. The fees collected pursuant to this Resolution shall be used to finance the public facilities described or identified in the "Development Impact Fee Study". C. After considering the specific project descriptions and cost estimates identified in the "Development Impact Fee Study", the Council approves such project 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 "Development Impact Fee Study" are consistent with the City's General Plan. Resolution No. 2005 —17 February 1, 2005 Page Two E. The "Development Impact Fee Study" is categorically exempt from 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, including the Genera Plan EIR. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that: 1. The "Development Impact Fee Study", dated January 11, 2005, is hereby approved and adopted. 2. The "Impact Fee Schedule — 2005" which is based upon the "Development Impact Fee Study" is hereby approved and adopted. A copy of said "Impact Fee Schedule — 2005" is attached hereto as Exhibit "A" and incorporated herein by reference. 3. Definitions: 4. "New Development" shall mean development requiring a development permit. a. "Development Permit" shall mean any permit or approval from the City of National City including, but not limited to a general plan amendment, zoning or rezoning or property, a conditional use permit, subdivision map, revised final planned development, building permit or other permit for construction or reconstruction. b. Timing of Fee. A development impact fee shall be imposed upon issuance of any 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. 5. Contract for Payment. If any fee or charge is not paid prior to the issuance of a building permit for construction of any portion of a residential development, the City may require the property owner or lessee of record, as a condition of issuance of the building permit, to execute a contract to pay the fee within the time specified in Section 3 above. Resolution No. 2005 —17 February 1, 2005 Page Three 6. Fee Determination. (a) Development impact fees for residential development shall be based upon the type of unit constructed. Residential development of detached single-family units shall pay the Single Family Detached residential fees. Multi -family units shall pay the multi -family fees. Mobile homes or other types of residences not described above shall pay the Mobile Home/Other fees. (b) Development impact fees for nonresidential land uses shall be based upon the "Nonresidential Equivalent Dwelling Unit Factors" set forth in Figure 4 of the "Development Impact Fee Study", dated January 11, 2005. (c) If a development permit is issued that would alter the amount of the development impact fee 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 Building and Safety Director, provided, however, that, in no event, shall the City refund fees previously paid because of a change in land use. 7. Amount of Fee. Development impact fees shall be as set forth in the "Development Impact Fee Study", dated January 11, 2005, on file in the office of the City Clerk, and as set forth in the "Impact Fee Schedule — 2005", a copy of which is attached hereto as Exhibit "A". 8. Effective Date. The fees designated in the "Development Impact Fee Study" and in the "Impact Fee Schedule — 2005" shall be effective April 2, 2005. 9. Use of Fee. The fee shall be solely used (1) for the purposes described in the "Development Impact 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 "Development Impact Fee Study". Resolution No. 2005 — 17 February 1, 2005 Page Four 10. 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. 11. Severability. If any provision or clause, or paragraph of this Resolution or the imposition of a fee for any project subject to 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. PASSED and ADOPTED this 15t day of February, 2005. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Impact Fee Schedule - 2005 FACILITY TYPE Parks & Recreation Library Fire/EMS Police TOTAL Residential Per Housing Unit Single Family $858 $172 $126 $318 $1,475 Multifamily $692 $139 $102 $257 $1,190 Mobile Home/Other $849 $139 $124 $315 $1,459 Non Residential Per 1,000 Square Feet/Per Room for Hotel Com/Shop Ctr 25,000 SF or less $1,009 $2,549 $3,558 Com/Shop Ctr 25,001 - 50,000 SF $809 $2,043 $2,852 Com/Shop Ctr 50,001 - 100,000 SF $652 $1,649 $2,301 Com/Shop Ctr 100,001 -200,000 SF $530 $1,340 $1,870 General Office 10,000 SF or less $448 $1,133 $1,581 General Office 10,001 -25,000 SF $400 $1,012 $1,412 General Office 25,001 - 50,000 SF $367 $929 $1,296 General Office 50,001 - 100,000 SF $332 $840 $1,172 Business Park $282 $713 $995 Industrial Park $195 $493 $688 Warehousing $113 $286 $399 Manufacturing $144 $366 $510 Lodging $107 $270 $377 EXHIBIT "A"