RESOLUTION NO. R-2022-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, FINDING THAT APPROVAL OF
PLACENTIA LIBRARY DISTRICT IMPACT FEES IS EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO CEQA SECTION 15061(B)(3) AND, APPROVING THE
PLACENTIA LIBRARY DISTRICT DEVELOPMENT IMPACT FEES TO
FINANCE MITIGATION OF IMPACTS TO LIBRARY FACILITIES
WHEREAS, Board of Trustees of the Placentia Library District ("District") determined that current library facilities will not be adequate for future population growth;
WHEREAS, pursuant to Government Code Section 66000 et seq., ("Mitigation Fee Act") a district, in conjunction with a local jurisdiction is allowed to establish, increase, or impose a development fee as a condition of approval on new development where the purpose and use of the fee were identified, and reasonable in relationship to the development project;
WHEREAS, pursuant to the Mitigation Fee Act the District, in conjunction with the City of Placentia ("City"), is empowered to impose fees and other exactions to provide necessary public facilities required to mitigate the negative effects of new development in the District's territory;
WHEREAS, the proposed fees are based upon the information contained a document prepared by SCI Consulting Group dated July 2022, Final Report v1.2 entitled Placentia Library District Library Impact Fee Nexus Study Update ("Nexus Study") that provides all information necessary to meet the requirements of California Government Code Section 66000 et al.;
WHEREAS, a copy of the Nexus Study is on file in the City Clerk's office and has been made available for public review in accordance with state law, as more fully described below;
WHEREAS, the Nexus Study complies with Mitigation Fee Act by establishing the basis for the imposition of fees in new development and in particular:
1. Identifies the purpose of the proposed fees;
2. Identifies the use to which the fees will be put;
3. Demonstrates a reasonable relationship between the fees' use and the types of projects on which the fees are imposed;
4. Demonstrates a reasonable relationship between the need for the public facilities and the types of developments on which the fees are imposed; and
5. Demonstrates a reasonable relationship between the amount of the fees and the cost of the public facilities or portions of the facilities attributable to the developments on which the fees are imposed; WHEREAS, the fees collected pursuant to this Resolution shall be used to finance the library facilities described or identified in the Nexus Study.
NOW, THEREFORE, the City Council of the City of Placentia, California, does hereby resolve as follows:
Section 1. Prior to the adoption of this Resolution, the City Council conducted a public hearing at which oral and written presentations were made, as part of the Council's regularly scheduled November 15, 2022, meeting. Notice of the time and place of the meeting, including a general explanation of the matter to be considered, was published in a newspaper in accordance with Section 6062a of the California Government Code at least 30 days prior to the meeting. A copy of said Nexus Study was mailed to any interested party who had filed a written request with the City for mailed notice of the meeting on new fees within the period specified by law.
Additionally, at least 30 days prior to the meeting the City made available to the public the final Nexus Study for review.
Section 2. The City Council of the City of Placentia hereby determines as follows:
a. The library impact fees justified by the Nexus Study and approved pursuant to this Resolution are for the purpose of funding the cost of new or expanded library facilities to meet the needs of the resident population and nonresident employees generated by new development in the City within the District's jurisdiction. b. The library impact fees justified by the Nexus Study and approved pursuant to this Resolution will be used to fund the cost of new or expanded library facilities and administrative costs associated with the library impact fee program. c. The uses of the library impact fees justified by the Nexus Study and approved pursuant to this Resolution are reasonably related to the types of development projects on which the fees are imposed in that fee revenue will be used to fund new and expanded library facilities to meet the additional demand generated by the residents of the City and employees created by new development. Fee revenue will be deposited into a separate library impact fee account or fund in a manner to avoid any commingling of the fees with other revenues and funds. The fee revenue will be restricted to the allowable uses described in Nexus Study. These actions ensure that a new development project paying the library impact fee will benefit from its use.
d. The library impact fees justified by the Nexus Study and approved pursuant to this Resolution bear a reasonable relationship to the need for library facilities in that each new development project will generate additional need for library services and the associated need for library facilities. The need is defined by the District's existing level of service standards for such facilities. e. The Nexus Study demonstrates that there is a reasonable relationship between the amount of the library impact fee and the cost of library facilities attributable to the development on which the fee is imposed. For residential library impact fees, library facility costs are defined on a per capita basis and applied to residential land use categories according to their respective average household size.
For nonresidential library impact fees, costs are defined on a per employee basis based on a residential equivalent factor and nonresident employee factor and then applied to nonresidential land use categories according to their respective average employment density.
Section 3. The City Council does hereby approve the following updated library impact fees.
Maximum
Library
Land Use Category Unit 1 Impact Fee
Single -Family Detached Housing BSQFT $0.72
Single -Family Attached Housing BSQFT $1.08
Multi -Family Housing BSQFT $1.81
Mobile Homes BSQFT $1.08
Accessory Dwelling Unit BSQFT See Note 2
Retail/ Commercial BSQFT $0.12
Office BSQFT $0.17
Industrial BSQFT $0.08
Notes:
' BSQFT means living area or building area square feet
'Accessory dwelling units ('ADU s') 750 square feet or less in size are exempt All other ADUs shall be imposed the effective fee of the ex isting land use category of the parcel upon which the ADU is constructed.
Section 4. The library impact fee shall be adjusted automatically without further action by the City Council on the first day of each fiscal year by the previous 12 - month percentage change as of April in the Engineering News -Record Construction Cost Index for Los Angeles or its successor publication.
Section 5. The City Council finds that the proposed actions are not expected to create a negative impact on the physical environment, as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and, therefore, the contemplated actions related to adoption of Library District Development Impact fees is exempt from environmental review pursuant to the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, Section 21065 of the Public Resources Code and the City of Placentia Local Guidelines for implementing CEQA.
Section 6. 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 7. The City Clerk shall certify to the passage and adoption of this Resolution.
Section 8. The fees adopted pursuant to this Resolution do not go into effect until the effective date of Ordinance No. 0-2022-10, or 60 days from the adoption of this Resolution, whichever is later.
PASSED, ADOPTED AND APPROVED THIS 15th day of November 2022.
ATTEST:
Robert S. McKinnell, City Clerk
Rhonda Shader, Mayor
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 15th day of November 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
APPROVED AS TO FORM:
Christian L. Bettenhausen
Robert S. McKinnell, City Clerk