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HomeMy WebLinkAbout2007-10-09 - RESOLUTIONS - LAW ENFORCEMENT IMPACT FEES (2)RESOLUTION NO. 07-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ESTABLISHING A LAW ENFORCEMENT FACILITIES IMPACT FEE WHEREAS, the City of Santa Clarita recognizes the need for expansion of the Santa Clarita Sheriffs Station to accommodate the existing service population and new growth; and WHEREAS, present and future development within the City shall cause adverse financial impact upon the City to provide adequate police protection; and WHEREAS, unless a law enforcement facilities impact fee is imposed upon parcels at the time of development in order to mitigate the increased burden placed by such development on police protective services, the public safety and general welfare will be adversely affected; and WHEREAS, by reason of new and expanded development of parcels within the City, a new and cumulatively overwhelming burden on current law enforcement facilities will be created, and therefore such developers should offset the additional responsibilities required and imposed upon the City by the payment of fees to mitigate the adverse financial impact upon the City so as to provide for construction of an expanded law enforcement facility and equipment to properly handle such new and increased development; and WHEREAS, construction within the City continues and it is deemed necessary and desirable to impose such fee prior to issuance of a building permit or permits to developers in order to establish funding at the earliest possible time and to apprise developers of the fee imposition upon respective parcels prior to issuance of building permits; and WHEREAS, it is within the power of the City and in the public interest and for the general welfare to exact and impose a law enforcement facilities impact fee upon parcels for the privilege of constructing and developing within the City; and WHEREAS, all parcels within the City and its sphere of influence will be benefited by the imposition of a fee to construct needed law enforcement facilities and equipment as recommended; and WHEREAS, the City has hired a consultant to conduct a fair share study (the "Study"), which accompanies the staff report, to determine new developments' fair share of costs for the expansion of the Santa Clarita Sheriffs station; and WHEREAS, the total estimated cost of law enforcement facilities is approximately $19,350,000. The total projected impact fee revenue, based on the service population growth between 2007-2025, is approximately $9,559,800. Thus requiring the City to identify and utilize an approximate $9,790,200 in non -impact fee revenue to fund existing deficiencies, and WHEREAS, pursuant to the Mitigation Fee Act, Government Code Section 66000, there are a reasonable relationships between 1) the developer fees' use and the type of development projects on which the developer fee is imposed; 2) the need for law enforcement facilities and the types of development on which the developer fee is imposed; and 3) the amount of the fee and the cost of all or a portion of the law enforcement facilities attributable to the development on which the developer fee is imposed. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. The entire incorporated City territory and its sphere of influence is hereby designed as the hereafter called "Santa Clarita Station Zone." SECTION 2. A fee, to be called the "Law Enforcement Facilities Impact Fee" is hereby imposed as herein provided on the privilege of constructing building units in the Santa Clarita Station Zone. Every person or entity to whom a building permit for any building unit within the Santa Clarita Station Zone is issued, shall pay to the City (or the County in areas within the City's sphere of influence) such fee as set forth in Section 4 of this Resolution. The respective fee imposed hereby represents the attendant benefit and cost of providing adequate police protection of such development upon parcels of property within the Santa Clarita Station Zone. SECTION 3. The land use type in which the fee shall be imposed upon are defined as follows: • Single Family: Detached single-family dwellings, duplexes, townhomes, and similar residential use buildings • Multi -family: Multiple unit apartment buildings, condominiums, and similar multi -family residential buildings • Commercial: Retail, education, hotels, churches, and other non-residential buildings Office: Office buildings for professional or medical services • Industrial: Manufacturing, warehousing, and similar industrial buildings SECTION 4. A fee is hereby imposed upon all parcels for construction development in the Santa Clarita Station Zone as follows: • Residential - Single -Family $467 (per residential unit) • Residential - Multi -Family $337 (per residential unit) • Nonresidential - Commercial $69 per 1,000 square feet or $0.07 per square foot • Nonresidential - Office $87 per 1,000 square feet or $0.09 per square foot • Nonresidential - Industrial $35 per 1,000 square feet or $0.03 per square foot • SECTION 5. The funds collected and any interest earned thereafter, will be deposited in separate accounts and not commingled with any other fund for other impact fees. The impact fee will be subject to annual escalation each fiscal year based on the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles -Riverside -Orange County for the December of the preceding fiscal year. 2 SECTION 6. When square footage is used in calculating the fee payable to the City, the fee will based upon the building's gross floor area, as determined by the City Building Official and excludes accessory structures such as decks, patios, barns, sheds, and kiosks. SECTION 7. Such fee shall be imposed upon a previously improved parcel when a building permit is issued to add one thousand (1,000) square feet, or more, to existing building units upon such parcel or whenever construction is added to an existing building unit upon such parcel, with a cumulative total added square footage in the amount of one thousand (1,000) square feet, or more, when constructed under separate building permits which were issued by the City on or after the effective date of this Resolution. Residential additions less than 2,000 square feet shall not be required to pay the fee. Such fee shall be imposed upon a parcel which has been previously improved with a building unit whenever a building permit is issued for a new building unit on an adjoining parcel under common ownership and which new unit constitutes in effect an addition or expansion of use of previously improved parcel. Such fee shall be calculated upon the total square footage of construction and paid by every person or entity to whom a building permit is issued therefor. SECTION 8. The fee shall be paid to the Building Official or to an authorized agent at or before the time the building permit is issued and only applies to projects for which a building permit application is submitted on or after the effective date of this Resolution. No building permit shall be issued for a parcel until such fee is paid in full. "— SECTION 9. No fee imposed by this Resolution shall be imposed upon issuance of a building permit for the restoration of existing building or buildings damaged by fire or natural disasters such as earthquake, wind, or flood, where the replaced building, or portion thereof, does not exceed the original gross floor area. SECTION 10. The City Council hereby establishes a special account designated as "Law Enforcement Facilities Impact Fee Account." All funds from the imposition of the fees provided herein, and any other monies that the City Council may from time to time transfer thereto, shall be deposited in such Account to be used exclusively for the purpose of land acquisition, engineering, construction, installation, purchasing or any other direct cost of providing capital law enforcement facilities and equipment, and for no other purpose. SECTION 11. It shall be within the discretion of the City Council to retain or disburse such funds for such purpose or to advance funds, and use later paid fees to reimburse the City for such advanced funding. SECTION 12. This Resolution shall take effect sixty (60) days from the date of its adoption. SECTION 13. The City Clerk shall certify to the adoption of this Resolution. 3 PASSED, APPROVED AND ADOPTED this 9th day of October, 2007. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 9th day of October, 2007, by the following vote: AYES: COUNCILMEMBERS: Kellar, Boydston, Ferry, Weste, McLean NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None El CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL RESOLUTION I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Resolution No. 07-74, adopted by the City Council of the City of Santa Clarita, California on October 9, 2007, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of , 20 Sharon L. Dawson, CMC City Clerk By Susan Caputo Deputy City Clerk