Loading...
HomeMy WebLinkAbout62-19RESOLUTION 62-19 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ADOPTING THE PATHWAY DEVELOPMENT IMPACT FEE IN ACCORDANCE WITH THE MITIGATION FEE ACT WHEREAS, the Town of Los Altos Hills established a pathway fee in 1996 and created a Pathway Fund for collected fees; and WHEREAS, the Town contracted with Matrix Consulting Group for preparation of a Pathway Fee Nexus Study to analyze and update the fee methodology ("Fee Study"); and WHEREAS, the Fee Study determined the pathway fee ("Pathway Fee") should be assessed on all development projects that result in the potential for new residents (as measured by equivalent dwelling units (EDU)) because new residents will utilize the pathways, causing the Town to construct new pathways to serve those new residents; and WHEREAS, the EDU calculation in the Fee Study is based on 2.85 residents per dwelling unit, such that 1.0 EDU equals 2.85 people. Therefore, development projects that have lower residential occupancy impacts have an EDU value lower than 1.0 EDU. Projects such as new accessory dwelling units and residential additions / remodels with habitable space of 250 square feet or more are assumed to have an impact of 1.0 resident per space, which results in an EDU value of 0.35; and WHEREAS, as single-family residences are expected to generate at least 2.85 residents and accessory dwelling units and residential additions are expected to generate fewer residents, single family residences may be assessed the fully justified pathway fee, while accessory dwelling units and residential additions may be assessed a proportionally lower pathway fee; and WHEREAS, the Town's General Plan Pathways Element envisions that pathways will be used for pedestrian, bicycle and equestrian purposes; and WHEREAS, the Pathways Element Policy 4.3(d) states that "Development of a barn or stables for equestrian use in excess of 900 square feet shall be required to comply with pathway requirements, as the project would generate additional stable capacity and place an increased burden on the equestrian use of pathways"; and WHEREAS, the construction of an equestrian barn of 900 square feet or more is expected to generate at least 1.0 new equestrian user of the pathways, which is expected to be equivalent to the use of 1.0 new resident; thus, justifying assigning equestrian barns an EDU value of 0.35; and WHEREAS, the Town has elected to impose a Pathway Fee on new single-family residences, and on new accessory dwelling units, additions or cumulative additions of 900 square feet or more and on barns for equestrian purposes that are 900 square feet or larger; and Resolution 62-19 Page 1 WHEREAS, to account for the lower expected impacts on pathways associated with accessory dwelling units, additions or cumulative additions, and equestrian barns that are 900 square feet or larger, the Town has elected to impose a lower fee on the foregoing uses equivalent to an EDU value of 0.35; and WHEREAS, Sections 66000 et seq. of the California Government Code ("Mitigation Fee Act") allows agencies to mitigate the impacts caused by new development by providing for the payment of development impact fees necessary for agencies to acquire property and construct new facilities to serve new residents and to maintain desirable levels of service for new and existing residents; and WHEREAS, at its May 16, 2019 meeting, the City Council determined that the continued assessment of a Pathway Fee as a development impact fee is most appropriate for current conditions; and WHEREAS, in a separate action of the City Council, the General Plan Pathways Element is being amended to reflect current facts, goals, policies and laws, including clarification that the Pathway Fee is assessed as a development impact fees for purposes of the Mitigation Fee Act (AB1600) (Gov. Code §66000 et seq.); and WHEREAS, in a separate action of the City Council, the Municipal Code is being amended to be consistent with the updated Pathways Element, Pathway Fee as a development impact fee, and the Master Path Plan implementation process; and WHEREAS, in accordance with Section 66019 of the Mitigation Fee Act, at least fourteen (14) days prior to the public hearing at which the Pathway Fee was considered, notice of the time and place of the hearing was mailed to eligible interested parties who filed written requests with the Town for mailed notice of meetings on new or increased fees or service charges; and WHEREAS, in accordance with Government Code Section 66019, the Fee Study justifying calculation and imposition of the Pathway Fee was available for public inspection, review, and comment for ten (10) days prior to the public hearing at which the City Council considered the Pathway Fee; and WHEREAS, ten (10) days advance notice of the public hearing at which the Pathway Fee was considered was given by publication in accordance with Government Code Section 6062a; and WHEREAS, an annual development impact fee report for the Pathway Fee will be provided to the City Council as required by Government Code Section 66066(a); and WHEREAS, review of the Pathway Fee, as well as the preparation of all required reports, will occur every five (5) years as required by Government Code Section 66001(d)(1); and WHEREAS, the action taken by the separate General Plan and Municipal Code amendments and this Resolution has no potential for physical effects on the environment because it involves an adoption of certain fees and/or charges imposed by the Town, does not commit the Town to any Resolution 62-19 Page 2 specific project, and said fees and/or charges are applicable to future development projects and/or activities, each of which future projects and/or activities will be fully evaluated in full compliance with the California Environmental Quality Act ("CEQA") when sufficient physical details regarding said projects and/or activities are available to permit meaningful CEQA review (See CEQA Guidelines, Section 15004(b)(1)). Therefore, approval of the fees and/or charges is not a "project" for purposes of CEQA, pursuant to CEQA Guidelines, Section 15378(b)(4); and, even if considered a "project" under CEQA, is exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that approval of the Fees and/or charges may have a significant effect on the environment; and NOW THEREFORE, the City Council of the Town of Los Altos Hills hereby finds as follows: A. After considering the Fee Study, the testimony received at the noticed public meeting at which the Municipal Code and General Plan amendments and this Resolution were considered, the accompanying staff report, the General Plan, all Town pathway plans, and all correspondence received at or prior to the public meeting (the "Record"), the Council approves and adopts the Fee Study; and the City Council further finds that future development in the Town will generate the need for additional pathway facilities necessitating adoption of the amendments and this Resolution. B. The Town currently provides pathway facilities to the community and the Fees set forth in the amendments and this Resolution will be used to construct new pathways to serve new residents and new equestrian users generated by new development, to maintain current service levels for new and existing residents and equestrian users, and assist the Town in meeting its stated goals for pathway facilities under the General Plan, and other applicable plans. As such, the Pathway Fee set under the amendments and this Resolution as it relates to development within the Town is not a "project" within the meaning of CEQA (Pub.Res. Code §21080(b)(8)(D)). C. In adopting the amendments and this Resolution, the City Council is exercising its powers under Article XI, §§5 and 7 of the California Constitution, Chapter 5 of Division 1 of the Government Code ("Mitigation Fee Act"), commencing with Section 66000, collectively and separately. D. The Record establishes: 1. In accordance with Section 66001, subdivision a, paragraph 1 of the Mitigation Fee Act, the purpose of the Pathway Fee, set forth in the amendments and this Resolution is to provide funding to construct new pathways to serve new residents and equestrian users generated by new development, to maintain existing levels of service for new and existing residents and users, and to ensure adequate pathway facilities are provided to meet the needs of Town residents as established in the General Plan and other applicable pathway plans. 2. In accordance with Section 66001, subdivision a, paragraph 2 of the Mitigation Fee Act, the Fees collected pursuant to this Resolution shall be used to construct pathway facilities to serve new residents and equestrian users generated by new development and Resolution 62-19 Page 3 to maintain existing levels of service for new and existing residents and users, and meet the levels of service identified in the General Plan and other applicable pathways plans 3. In accordance with section 66001, subdivision a, paragraph 3 of the Mitigation Fee Act, there is a reasonable relationship between the Fees' use (to pay for construction, of new pathway facilities) and the type of development on which the Fees are imposed in that the Fees will be applied to new developments in the Town, which will attract new residents and equestrian users thereby generating demand for new pathway facilities. 4. In accordance with Section 66001, subdivision a, paragraph 4, there is a reasonable relationship between the need for new pathways and the types of development projects on which the Fees are imposed in that the Fees will be applied to new development in the Town, which will attract new residents and equestrian users that will place a greater demand on pathway facilities. 5. In accordance with Section 66001, subdivision b of the Mitigation Fee Act, there is a reasonable relationship between the amount of the Fees and the cost of providing the pathway facilities attributable to the development in the Town upon which the Fees are imposed in that the Fees have been calculated by apportioning the cost of constructing new pathways facilities to serve the number of residents and users generated by each type of new residential unit. 6. The cost estimates set forth in the Fee Study provide reasonable estimates for the costs of constructing new pathway facilities and the Fees expected to be generated by future development will not exceed the projected cost of constructing those facilities. 7. The method of allocation of the Fees to particular development types bears a fair relationship and is roughly proportional to each development's burden on and benefits from the pathway facilities to be funded by the Fees, in that the Fees are calculated based on the number of residents and users each particular development will generate. 8. The Fees are consistent with the General Plan and, pursuant to Government Code Section 65913.2, the City Council has considered the effects of the Fees with respect to the City's housing needs as established in the housing element of the General Plan. NOW THEREFORE, the foregoing recitals and findings are found to be true and correct and incorporated into this Resolution and the City Council of the Town of Los Altos Hills hereby resolves as follows: 1. Adoption and Imposition of the Pathway Development Impact Fee. The Town of Los Altos Hills adopts and imposes new pathway development impact fees for new single-family residences, and new accessory dwelling units, additions or cumulative additions totaling 900 square feet or more and new equestrian barns totaling 900 square feet or more pursuant to the Mitigation Fee Act; and 2. Amount of Fee. The Pathway Fee shall be charged at the following rates: Resolution 62-19 Page 4 Development Type Fee Amount* Single -Family Residence $10,943 Accessory Dwelling Unit (900 square feet or larger) $3,826 Additions (900 square feet or larger) $3,826 Equestrian Barns (900 square feet or larger) $3,826 * The fee amounts shown above may be adjusted annually by the same percentage as the latest increase or decrease in the Engineering News Record Construction Cost Index (CCI) for the San Francisco area. The adjustment shall be based on a comparison of the most recent CCI to the CCI in the month of adoption of the fee, or the index used for the prior adjustment of the fee. The administrative services director shall compute the adjustment in the fee and such adjustment shall be approved by resolution of the City Council, 3. Delay Collection of Fee on Accessory Dwelling Units. Accessory dwelling units shall not be assessed a Pathway Fee until the Town's Housing Element affordable housing unit requirements for the current housing cycle (2015-2023) are met or until January 1, 2023, whichever occurs first. 4. Use of Fees. The Fees may only be used for the construction of new pathways to serve new residents and new equestrian users and maintain existing levels of service for new and existing residents and users. Administrative Guidelines. The City Council may, by resolution, adopt administrative guidelines to provide procedures for administrative aspects of the Fee. 6. Effective Date. This Resolution shall become effective on the date of adoption of this Resolution. In accordance with Government Code Section 66017, the Fee set by this Resolution shall be effective 60 days from the effective date of this Resolution. 7. Severability. Each component of the Fee and all portions of this Resolution are severable. Should any individual component of the Fees or other provision of this Resolution be adjudged to be invalid and unenforceable, the remaining component or provisions shall be and continue to be fully effective, and the Fees shall be fully effective except as to that component that has been judged to be invalid. The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 19th day of September 2019 by the following vote: AYES: Spreen, Wu, Corrigan, Tankha, Tyson NOES: None Resolution 62-19 Page 5 ABSTAIN: None ABSENT: None ATTEST: Deborah Padovan, City Clerk 3345836.1 BY: .r, tee_—_,. Roger Spree Mayor Resolution 62-19 Page 6