RESOLUTION NO. R-2022-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PLACENTIA, CALIFORNIA, APPROVING UPDATED
CITYWIDE RESIDENTIAL AFFORDABLE HOUSING
IMPACT FEES FOR RESIDENTIAL DEVELOPMENTS
WHEREAS, to implement the affordable housing goals, policies and programs of the City's Housing Element, the City Council has considered and adopted an affordable housing ordinance that, among other things, authorizes the imposition of residential affordable housing impact fees for certain residential development projects to mitigate the impact of such projects on the need for affordable housing in the City (the "Affordable Housing Ordinance");
WHEREAS, to ensure that future development projects mitigate their impact on the need for affordable housing in Placentia, and to ensure that any adopted residential affordable housing impact fees do not exceed the actual affordable housing impacts attributable to the development projects to which the fees relate, the City caused to be prepared a nexus study which was adopted in 2017;
WHEREAS, the "Residential Nexus Study", dated September 2017 (the Nexus Study"), prepared by Keyser -Marston Associates, Inc., quantifies the impacts of new market -rate units on the need for affordable housing in the city and the justified residential affordable housing impact fees to mitigate those impacts.
WHEREAS, the Nexus Study uses widely applied, appropriate methodology to determine the maximum amount needed to fully mitigate the need for affordable housing created by residential development;
WHEREAS, to ensure that development projects remain economically feasible, the recommended residential affordable housing impact fees as shown in the attached Exhibit A do not exceed the justified fees needed to mitigate the actual affordable housing impacts attributable to the development projects to which the fees relate, as determined by the Nexus Study;
WHEREAS, the Affordable Housing Ordinance and Title 5 of the Placentia Municipal Code authorizes the City Council to adopt by resolution residential affordable housing impact fees, and update said fees, and the City Council desires to do so; WHEREAS, the Affordable Housing Ordinance authorizes the City Council to adopt by resolution a fee for processing applications for waivers from or modifications to the residential affordable housing impact fees, and the City Council desires to do so; WHEREAS, at least ten days prior to the date this resolution is being heard, data was made available to the public indicating the amount of cost, or estimated cost, required to provide the service for which the fee or service charge is levied, and the Resolution R-2022-23 ATTACHMENT 3
revenue sources anticipated to provide the service, including general fund revenues, in accordance with Government Code Section 66019;
WHEREAS, at least fourteen days prior to the date this resolution is being heard, notice was provided to any persons or organizations who had requested notice, in accordance with Government Code Section 66019;
WHEREAS, notice of the hearing on the proposed fee was published twice in the manner set forth in Government Code Section 6062a as required by Government Code Sections 66004 and 66018; and
WHEREAS, the City Council has reviewed the information contained in this Resolution and the accompanying staff report and any attachments at a meeting held on April 19, 2022.
NOW, THEREFORE, the City Council of the City of Placentia, California, does hereby resolve as follows:
RPrfinn 1
1. The foregoing recitals are true and correct and incorporated into this Resolution by this reference.
2. The findings of the 2017 Nexus Study have been considered and are hereby incorporated into this Resolution by this reference.
3. The facts and substantial evidence in the record establish that there is a reasonable relationship between the need for affordable housing and the impacts of the development described in the Nexus Study for which the corresponding fee is charged, and that there is also a reasonable relationship between the use of the residential affordable housing impact fee and the type of development for which the fee is charged, as is described in more detail in the Nexus Study.
4. The Nexus Study sets forth cost estimates, in 2017 dollars, that are reasonable for constructing affordable housing, and the fees expected to be generated by new development will not exceed these costs.
5. The City Council hereby adopts those residential affordable housing impact fees shown on Exhibit "A", attached hereto and incorporated by reference herein.
6. All residential affordable housing impact fees collected shall be deposited into the City's Housing Impact Fee Fund to be used to increase and preserve the supply of housing affordable to households of extremely low, very low, low, and moderate incomes (including necessary administrative costs).
Resolution R-2022-23 ATTACHMENT 3
7. The City Council may review residential affordable housing impact fees from time to time. For any annual period during which the City Council does not review the residential affordable housing impact fee, fee amounts shall be adjusted once annually by the Development Services Director based on the percentage increase in the Engineering News -Record Construction Cost Index for Los Angeles, California.
8. The City Council finds that all of the residential affordable housing impact fees adopted pursuant to this Resolution do not exceed the actual affordable housing impacts of the development projects to which those residential affordable housing impact fees relate, as further set forth in the Nexus Study.
9. Adoption of this Resolution is exempt from the California Environmental Quality Act because the adoption of this resolution is not a project, in that it is a government funding mechanism which does not involve any commitment to any specific project (CEQA Guidelines Section 15378(b)(4)), and because it can be seen with certainty that there is no possibility that the fees may have a significant effect on the environment, in that this resolution contains no provisions modifying the physical design, development, or construction of residences or the construction of any development project. This exemption is based on CEQA Guidelines Section 15061 (b)(3), 15378(b)(4), and 15273.
Section 2. Be it further resolved that any other resolutions and/or parts of any other resolution in conflict herewith are hereby repealed.
Section 3. Should any section, subsection, clause or provision of this Resolution for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Resolution, it being hereby expressly declared that this Resolution, and each and every section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved, adopted and/or ratified irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases of this Resolution be declared invalid or unconstitutional.
Section 4. The City Clerk shall certify to the passage and adoption of this Resolution.
Section 5. The fees adopted pursuant to this Resolution go into effect 60 days from the adoption of this Resolution, and concurrent with the effective date of this Resolution, Resolution No. R-2021-12 shall be repealed and replaced with this Resolution.
PASSED, APPROVED AND ADOPTED this 19th day of April 2022.
Rhonda Shader, Mayor
Resolution R-2022-23 ATTACHMENT 3
ATTEST:
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Placentia, held on the 19th day of April 2022 by the following vote:
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
ABSTAIN:
Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2022-23 ATTACHMENT 3
EXHIBIT "A"
TO RESOLUTION NO. R-2022-23
City of Placentia Residential Affordable Housing Impact Fee Schedule Project Type
Single Family Homes
Condominiums
Apartments
Residential
Affordable Housing
Impact Fee Per
Unit
$8,034
$5,739
$2,295
Resolution R-2022-23
Exhibit A