CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
5/9/2022
1 SUBJECT:
Adopt an “Ordinance of the City Council of the City of Pacifica, California repealing Chapter 19 of the Pacifica Municipal Code and replacing it with Chapter 19 (Park Facilities Impact Fee); repealing Section 10-1.803 (Park Land Dedication) of the Pacifica Municipal Code and replacing it with Section 10-1.803 (Park Land Dedication) to establish updated Impact Fees and Quimby Act dedication requirements and in lieu fees imposed on New Development in the City of Pacifica”; and finding the Ordinance exempt under the California Environmental Quality Act (“CEQA”)
RECOMMENDED ACTION:
Move to Adopt an “Ordinance of the City Council of the City of Pacifica, California repealing Chapter 19 of the Pacifica Municipal Code and replacing it with Chapter 19 (Park Facilities Impact Fee); repealing Section 10-1.803 (Park Land Dedication) of the Pacifica Municipal Code and replacing it with Section 10-1.803 (Park Land Dedication) to establish updated Impact Fees and Quimby Act dedication requirements and in lieu fees imposed on New Development in the City of Pacifica”; and finding the Ordinance exempt under the California Environmental Quality Act (“CEQA”).
STAFF CONTACT:
Sam Bautista, P.E., Deputy Director of Public Works
[email protected]
(650) 738-3767
Lisa Petersen, P.E., Director of Public Works
[email protected]
(650) 738-3767
BACKGROUND:
This ordinance was introduced at the regular meeting of the City Council on April 25, 2022 and is now in order for adoption.
On the same date, City Council adopted a resolution to update the Park Facilities Impact Fee and the Quimby Act Parkland In Lieu Fee, which included fee reductions/exemptions for affordable housing units. As stated earlier at the meeting, the Mitigation Fee Act, contained in Government Code 66000 et seq., permits the City to impose development impact fees on new development for the purposes of funding the public facilities necessary to serve that new development, and California Government Code section 66477 (the “Quimby Act”) allows cities to require the dedication of land or to impose a requirement of the payment of fees in lieu thereof, or a combination of both, for park or recreation purposes as a condition of approval of a tentative or parcel map.
The City’s Municipal Code contains outdated provisions regarding the City’s Park Facilities Impact Fee and Quimby Act dedication requirements and in lieu fees. As such, staff is bringing the attached Ordinance (Attachment “A”) to amend the City’s existing Code provisions and bring Pacifica City Council 2
May 09, 2022
them into compliance with new state laws. In the future, the Council would be able to update the fees or change the amount of the fees via resolution without needing to adopt another ordinance.
CEQA:
This Ordinance is not subject to the California Environmental Quality Act (“CEQA”). This action is not a project within the meaning of the CEQA Guidelines Section 15378 and 15061(b)(3) as it has no potential for physical effects on the environment because it involves an adoption of certain fees and/or charges imposed by the City, does not commit the City to any specific project, and said fees and/or charges are applicable to future development projects and/or activities, each of which future projects and/or activities will be fully evaluated in full compliance with CEQA when sufficient physical details regarding said projects and/or activities are available to permit meaningful CEQA review (see CEQA Guidelines, Section 15004(b)(1)). Pursuant to CEQA Guidelines section 15378(b)(4), the creation of government funding mechanisms which do not involve any commitment to any specific project which may cause significant effect on the environment, is not defined as a “project” under CEQA. Therefore, approval of the fees and/or charges is not a “project” for purposes of CEQA, pursuant to CEQA Guidelines, Section 15378(b)(4); and, even if considered a “project” under CEQA, is exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that approval of the fees and/or charges may have a significant effect on the environment.
ALTERNATIVE ACTION:
The City Council could choose not to adopt the proposed amendments to the ordinance, and provide staff further direction.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
“Stewardship of City Infrastructure” The updated park in-lieu fee would assist the City in acquiring parkland and/or fund the design and construction of public park improvements that would promote a healthy environment and activities for residents and visitors.
FISCAL IMPACT:
This action will not result in any direct fiscal impact.
ORIGINATED BY:
Engineering
ATTACHMENT LIST:
Attachment "A" - Quimby Act and Park Facilities Impact Fee Update Ordinance (DOCX) Pacifica City Council 3
May 09, 2022
ORDINANCE NO. (ID # 4976)
Pacifica City Council 4
May 09, 2022
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(ID # 4976) at 5/9/2022 6:00 PM City Council Regular Meeting