RESOLUTION NO. R-2024-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, APPROVING UPDATED
DEVELOPMENT IMPACT FEES PURSUANT TO
CONSTRUCTION COST INDEX TO FINANCIALLY
MITIGATE IMPACTS TO TRAFFIC AND
TRANSPORTATION INFRASTRUCTURE, STREETSCAPE
INFRASTRUCTURE AND SEWER FACILITIES IN THE
TRANSIT ORIENTED DEVELOPMENT AREA
WHEREAS, the continuing growth of the City of Placentia ("City), combined with the expectation of high-quality services by persons who live and work in the City, and reductions by the State of California in property tax allocations to local governments have been catalysts for the review of the City's existing and future public facilities and services made necessary by new development;
WHEREAS, pursuant to Government Code Section 66000 et seq., ("Mitigation Fee Act") the 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 City; WHEREAS, the proposed fees are based upon the information contained in a document and addendum prepared by City staff and SCI Consulting Group ("SCI") entitled "Development impact Fees Nexus Study for the Transit Oriented Development Area" dated June 2017 ("the TOD Development Impact Fee Nexus Study Report") and also dated April 2023 ("the updated Development Impact Fee Nexus Study Report") as it relates to updating sewer facilities fees in the Transit Oriented Development area; WHEREAS, detailed descriptions of each of the facilities, their approximate location, size, approximate time of availability and their estimated costs are set forth in the TOD Development Impact Fee Nexus Study Reports;
WHEREAS, a copy of the TOD Development Impact Fee Nexus Study Reports are on file in the City Clerk's office and have been made available for public review in accordance with state law, as more fully described below; WHEREAS, the Development Impact Fee Nexus Study Reports comply with California Government Code Section 66001 by establishing the basis for the imposition of fees in new development. In particular, the Development Impact Fee Reports:
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;
Resolution R-2024-21
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 TOD Development Impact Fee Nexus Study Reports justify the imposition of each development fee on new construction by analyzing the General Plan, assigning the costs on a fair -share basis to the various types of development, and assigning the resulting fee per dwelling unit or per building square footage, based on the anticipated burden of such new dwelling and/or development on City facilities and infrastructure and the need created by such dwelling unit and/or development for new and expanded facilities and infrastructure;
WHEREAS, the fees collected pursuant to this resolution shall be used to finance the public facilities described or identified in the Development Impact Fee Nexus Study Reports;
WHEREAS, after considering the specific projects to be funded by the development impact fees and the cost estimates contained in the TOD Development Fee Impact Nexus Study Reports, the City Council approves such projects and costs estimates and finds them reasonable as the basis for calculating and imposing the development impact fees;
WHEREAS, the projects and fee methodologies identified in the TOD Development Impact Fee Nexus Study Reports are consistent with the City's General Plan.
NOW, THEREFORE, the City Council of the City of Placentia, California, does hereby resolve as follows:
Section 1. The City Council of the City of Placentia hereby determines as follows:
A. Each owner of a lot or parcel of property within the Affected Territory, as described in Chapter 5.03 of the Placentia Municipal Code, shall pay to the City prior to the issuance of a building permit for the construction of any development project as defined therein, the following fees:
1. The Streetscape Infrastructure Impact Fee described in the attached Exhibit A to this Resolution subject to the provisions of Chapter 5.02 of the Placentia Municipal Code and the terms contained in the Exhibit A.
Resolution R-2024-21
2. The Sewer Impact Fee described in the attached Exhibit A to this Resolution subject to the provisions of Chapter 5.02 of the Placentia Municipal Code and the terms contained in the Exhibit A.
3. The Traffic Impact Fee described in the attached Exhibit A to this Resolution subject to the provisions of Chapter 5.02 of the Placentia Municipal Code and the terms contained in the Exhibit A.
B. The fees authorized by this section shall be cumulative such that each owner of a lot or property shall be charged each applicable fee, subject to any credits, deferrals, waivers and/or reductions authorized and set forth in Chapter 5.03 of the Placentia Municipal Code. Moreover, the amount of each of these fees shall not exceed the fair share of the estimated cost of constructing and/or acquiring the corresponding facilities described in the Development Impact Fee Reports. The amount of each fee shall be reviewed and revised from time to time, but not more than once annually, and shall be set by resolution of the City Council following due notice.
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. 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 commercial buildings or the construction of any development project. This exemption is based on CEQA Guidelines Section 15061 (b)(3), 15378(b)(4), and 15273.
Section 4. 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 5. The City Clerk shall certify to the passage and adoption of this Resolution.
Section 6. 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-2023-21 shall be repealed and replaced with this Resolution.
Resolution R-2024-21
PASSED, ADOPTED AND APPROVED THIS 16th day of April 2024 Jeremy Yamaguchi, 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 resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the 16th day of April 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2024-21
EXHIBIT "A"
TO RESOLUTION NO. R-2024-21
City of Placentia TOD Area Development Impact Fee Schedule Summary of TOD Area Development Impact Fees
Unit
Land Use Category
TOD TOD
Traffic Sewer TOD Streetscape
Impact Impact Impact Fee
Fee Fee
Total TOD
Impact Fees
2 Single Family Detached
Housing DU $2,477.52 $10,516.14 $8,196.24 $21,189.90
3 Single Family Attached
Housing DU $2,477.52 $7,594.62 $6,654.45 $16,726.59
3 Multi -Family Housing
DU $1,536.24 $6,425.79 $7,546.89 $15,508.92
3 Mobile Homes
DU $1,461.87 $6,425.79 $6,001.77 $13,889.43
3 Retail/Commercial BSF $2.59 $5.84 $6.99 $15.42
Office BSF $3.70 $8.76 $8.37 $20.81
Industrial BSF $1.44 $3.50 $5.49 $10.43
Notes:
1 DU = Dwelling Unit: BSF = Building Area Square Foot.
2 A fee credit must be given for demolished existing housing units or nonresidential building square footage as part of a redevelopment project.
3 Applicable Citywide Development Impact Fees for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) shall be calculated as follows: For ADUs of less than 750 square feet:
None. For ADUs of 750 square feet or more on a lot containing single family dwelling(s): The product of:
(full fee for single family dwellings) x (square footage of the proposed ADU / square footage of primary dwelling) = ADU Development Impact Fee. For ADUs of 750 square feet or more on a lot containing multi -family dwellings: The product of: (full fee for multi -family dwellings) x (square footage of the proposed ADU / average square footage of the multi -family units on site) = ADU Development Impact Fee.
For JADUs: JADUs that are permitted and contained within the existing square footage of a single-family residence shall not be subject to Citywide Development Impact Fees. However, JADUs that are part of new construction or are constructed as part of an addition to a single-family residence shall be subject to Development Impact Fees at the same rate as a single-family residence.
Resolution R-2024-21
Exhibit A