HomeMy WebLinkAboutCC RESO 2008-54RESOLUTION NO. 2008 — 54
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
ADOPTING THE CITY OF NATIONAL CITY
"TRANSPORTATION IMPACT FEE PROGRAM",
AND THE IMPACT FEE SCHEDULE — 2008, AND
ESTABLISHING TRANSPORTATION 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 "Transportation Impact Fee Program"; and
WHEREAS, on April 1, 2008, 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 "Transportation Impact Fee
Program" dated April 2008, (hereinafter sometimes referred to as the "Transportation Impact
Fee Program"); and
WHEREAS, the City Council finds as follows:
A. The "Transportation Impact Fee Program" complies with California Government
Code Section 66001 by establishing the basis for imposition of fees on new development. In
particular, the "Transportation Impact Fee Program":
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 "Transportation Impact Fee Program".
C. After considering the specific project descriptions and cost estimates identified in
the "Transportation Impact Fee Program", 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 "Transportation Impact Fee
Program" are consistent with the City's General Plan.
Resolution No. 2008 — 54
April 1, 2008
Page 2
E. The "Transportation Impact Fee Program" 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 General Plan
EIR.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that:
1. The "Transportation Impact Fee Program", dated April 2008, is hereby approved
and adopted.
2. The "Impact Fee Schedule — 2008" which is based upon the "Transportation
Impact Fee Program" is hereby approved and adopted. A copy of said "Impact Fee Schedule —
2008" is attached hereto as Exhibit "A" and incorporated herein by reference.
3. Definitions:
"New Development" shall mean development requiring a development permit.
"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 of
property, a conditional use permit, a design permit, a coastal development permit, a variance
permit, a planned development permit, subdivision map, parcel map, building permit, or any
other permit for construction, reconstruction, or development.
4. 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 4 above.
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.
(b) Development impact fees for nonresidential land uses shall be based
upon the "TDIF Schedule (Non-residential)" set forth in Table 14a of the "Transportation Impact
Fee Program", dated April 2008.
Resolution No. 2008 — 54
April 1, 2008
Page 3
(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 Budding 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
"Transportation Impact Fee Program", dated April 2008, on file in the office of the City Clerk,
and as set forth in the "Impact Fee Schedule — 2008", a copy of which is attached hereto as
Exhibit "A".
8. Effective Date. The fees designated in the "Transportation Impact Fee Program"
and in the "Impact Fee Schedule — 2008" shall be effective July 1, 2008.
9. Use of Fee. The fee shall be solely used (1) for the purposes described in the
"Transportation Impact Fee Program", (2) for reimbursing the City for 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 "Transportation Impact Fee Program".
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 "Transportation Impact Fee Program", 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 1st day of April, 2008.
Ron Morrison, Mayor
ATTEST:
Mic ael R. Dalla, City Clerk
APPROVED AS TO FORM:
n $
George N. iser, III
City Attorney
Resolution No. 2008 — 54
IMPACT FEE SCHEDULE - 2008
Transportation Development Impact Fee — Residential
Residential Land Use
Fee
Single-family
$ 2,000 per dwelling unit
Multi -family
$ 2,000 per dwelling unit
Transportation Development Impact Fee — Non -Residential
Non -Residential Land Use
Fee
Commercial
$ 2,704 per 1,000 square feet
Office/Services
$ 6,002 per 1,000 square feet
Industrial
$ 2519 per 1,000 square feet
EXHIBIT "A"
Passed and adopted by the Council of the City of National City, California, on April 1,
2008 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
/1
City I Jerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2008-54 of the City of National City, Califomia, passed and adopted
by the Council of said City on April 1, 2008.
City Clerk of the City of National City, California
By:
Deputy