ORDINANCE NO. 0-2022-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLACENTIA,
CALIFORNIA, FINDING THAT ESTABLISHING PLACENTIA LIBRARY
DISTRICT IMPACT FEES IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA
SECTION 15061(B)(3) AND, APPROVING A LIBRARY DEVELOPMENT IMPACT FEE NEXUS STUDY REPORT, AND AMENDING CHAPTER 5.02 (CITYWIDE DEVELOPMENT IMPACT FEES) OF THE PLACENTIA
MUNICIPAL CODE ADDING A NEW SECTION 5.02.190 TO ESTABLISH
A LIBRARY DEVELOPMENT IMPACT FEE PROGRAM AND ADOPTING
NECESSARY FINDINGS FOR THE ESTABLISHMENT OF THE LIBRARY
DEVELOPMENT IMPACT FEES TO FINANCIALLY MITIGATE IMPACTS
TO LIBRARY FACILITIES
City Attorney Summary
This Ordinance would add Section 5.02.190 to the City of Placentia Municipal Code establishing a Citywide library development impact fees for new development to finance measures that mitigate impacts to library facilities. This Ordinance is being adopted in furtherance of the Placentia Library District's Resolution Number 2022-05 adopting a nexus study and establishing a library impact fee for new development for the purpose of funding the cost of new or expanded libraries.
A. RECITALS
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 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 in a document prepared by SCI Consulting Group dated July 2022, Final Report v1.2 ("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 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 levying of a library development impact fees has been reviewed by staff in accordance with the California Environmental Quality Act ("CEQA") and the CEQA Guidelines and the City of Placentia Local Guidelines for implementing CEQA and it has been determined that the adoption of this Ordinance is exempt from 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; WHEREAS, the City has: 1) made available to the public, at least thirty (30) days prior to its public hearing, data indicating the estimated cost required to provide the facilities and infrastructure for which these development fees are levied and the revenue sources anticipated to provide those facilities and infrastructure; 2) mailed notice at least fourteen (14) days prior to this meeting to all interested parties who have requested notice of new or increased development fees; and 3) held a duly noticed, regularly scheduled public hearing on November 1, 2022, at which time oral and written testimony was received regarding the proposed fees; and
WHEREAS, the City Council has reviewed and considered the staff report, the Development Impact Fee Nexus Study Report, and all oral and written testimony.
B. ORDINANCE
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Placentia hereby approves and adopts the Placentia Library District Library Impact Fee Nexus Study Update dated July 2022. This document is attached hereto as Exhibit "A" and is hereby incorporated by this reference.
Section 2. The City Council of the City of Placentia hereby adopts the findings set forth below, the findings and facts contained in the Nexus Study (Exhibit A) and the findings contained in Section 5.02.190 and Placentia Municipal Code, as reflected in the attached Exhibit "B". The City Council of the City of Placentia does hereby find:
2 a. The library impact fees justified by the Nexus Study 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 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 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 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. Chapter 5.02 (Citywide Development Impact Fees) is hereby amended with the addition of Section 5.02.190 to the Placentia Municipal Code as shown on Exhibit "B" attached hereto and incorporated herein by this reference.
Section 4. Any provision of the Placentia Municipal Code or appendices thereto inconsistent with the provisions of the Ordinance, to the extent of such inconsistencies and no further, are repealed or modified to that extent necessary to affect the provisions of this Ordinance.
Section 5. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Placentia hereby declares that it 3 would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 6. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
INTRODUCED at a regular meeting of the City Council of the City of Placentia held on November 15111, 2022.
PASSED, APPROVED AND ADOPTED this 6th day of December 2022.
Rhonda Shader, Mayor
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 Ordinance was adopted at a regular meeting of the City Council of the City of Placentia held on the 6th day of December 2022 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
APPROVED AS TO FORM:
Christian L. Bettenhausen
Robert S. McKinnell, City Clerk
EXHIBIT "A"
(Placentia Library District Library Development
4 Impact Fee Nexus Study Update)
5 EXHIBIT "B"
Section 5.02.190
LIBRARY DEVELOPMENT IMPACT FEES
A. Findings. In order to mitigate the impacts to library facilities caused by new development within the City, the Placentia Library District and the City Council have determined that development impact fees are needed to finance 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. 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. In establishing the fees described in this Section, the City Council finds the fees adopted to be consistent with state law (California Government Code Section 66000 et seq.
B. Description of fees.
(1) Library development impact fees are hereby established on new within the City of Placentia to be used to fund the cost of new or expanded library facilities and administrative costs associated with the library impact fee program.
(2) 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.
(3) At least every five years, the City Council, in conjunction with the Placentia Library District, shall review these fees to determine whether the fee amounts are reasonably related to the impacts of development.
C. Limited use of fees.
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 uses. The uses of the library development impact fees are reasonably related to the types of development projects on which the fees are imposed. The uses shall be used to fund new and expanded library facilities to meet the additional demand generated by the 6 residents of the City and employees created by new development. The allowable uses for fees are set forth in the Nexus Study.
D. Imposition of fees.
(1) Development impact fees shall be imposed on new development. (2) Development impact fees shall be paid by the owner of the property on which new development is to occur. The fees shall be collected by the prior to the issuance of the building or development permit(s) for such development, whichever occurs later, unless payment at a later time is mandated by Government Code Section 66007.
C. Except as otherwise provided herein, square footage of residential and nonresidential buildings shall be measured within the perimeter of a structure. Unfinished attics, crawlspaces, and basements shall not be assessed until converted and finished as usable floor space.
D. For residential uses, a building or structure consisting of non -usable floor space, e.g., garage, carports, walkways, overhangs, patios, enclosed patios, detached storage structures, or similar areas are excluded and shall not be deemed to be part of the residential building for the purpose of determining the square footage of the residential building.
E. For non-residential uses, a building or structure consisting of non -usable floor space, e.g., any storage areas incidental to the principal use of the development, garages, unenclosed walkways, or utility or disposal areas, or similar areas are excluded and shall not be deemed to be part of the non-residential building for the purpose of determining the square footage of the non-residential building.
F. Additions to an existing building shall be deemed to occur whenever the amount of usable floor space is increased, or whenever new building space is constructed where no structures existed as part of the existing building, whether or not the total building floor area is increased by the new construction.
G. No development impact fee shall be imposed more than once for the same floor space.
E. Annual Inflationary Adjustment
The library impact fees established in this Section shall be adjusted automatically without further action by the Placentia Library District Board or 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. 7