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Ordinance adopting a Public Safety Impact Fee for the City of South San Francisco.
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WHEREAS, on December 10, 2012, the City Council adopted Resolution Number 97-2012 establishing a Public Safety Impact Fee (“Fee”) under the authority of Sections 66000 et seq. of the California Government Code (“Mitigation Fee Act”); and
WHEREAS, the Fee was adopted after preparation of an impact study titled “South San
Francisco Public Safety Equipment and Facilities Development Impact Fee Study” by Economic & Planning Systems, Inc. and dated November 2012 and consideration of the study by the City Council at a duly noticed public hearing in compliance with the Mitigation Fee Act; and
WHEREAS, the Fee was adopted by resolution and was not codified in the South San Francisco Municipal Code; and
WHEREAS, the Fee was adopted with the purpose of funding public safety capital equipment and facilities in the City of South San Francisco; and
WHEREAS, since the Fee was adopted in 2012, it has not been increased or adjusted to account for inflation or increases in the consumer price index or construction cost index; and
WHEREAS, during that time, the City’s population has increased, leading to increased demand for public safety services and thus increased public safety equipment, vehicles, and facilities; and
WHEREAS, in August 2020 a study, entitled Development Impact Fee Study was prepared for the City by the Matrix Consulting Group to analyze the relationship between new development in the City, the public safety equipment, vehicles, and facilities needed to serve that growth, and the estimated costs of those equipment and facilities, and to analyze new development’s fair share of public safety infrastructure costs (“Nexus Study”); and
WHEREAS, City wishes to amend the Fee and adopt an ordinance to codify the Fee to better implement the goals contained in the Nexus Study providing public safety services; and
WHEREAS, such development impact fees are not a “tax” as defined in Section 1, paragraph (e) of Article XIIIC of the California Constitution (“Proposition 26”) because such Fees and charges are imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable cost to the local government of providing the service or product, and/or such Fees and charges are imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable cost to the local government of providing the service or product, and/or such Fees and charges are imposed for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections and audits, enforcing agricultural marketing orders and the administrative enforcement and adjudication thereof; and/or such fees and charges are imposed as a condition of property development; and
WHEREAS, the City will adopt a separate resolution to set the Fee at rates consistent with the Nexus Study and this Ordinance; and
WHEREAS, in accordance with Section 66019 of the Mitigation Fee Act, at least fourteen (14) days prior to the public hearing at which this Ordinance was introduced, notice of the time and place of the hearing was mailed to interested parties who filed written requests with the City for mailed notice of meetings on new or increased fees or service charges; and
WHEREAS, ten (10) days advance notice of the public hearing at which this Ordinance was introduced was given by publication in accordance with Government Code Section 6062a; and
WHEREAS, in accordance with Section 66016 of the Mitigation Fee Act, at least ten (10) days prior to the public hearing at which this Ordinance was introduced, the Nexus Study was made available to the public for review; and
WHEREAS, the action taken by this Ordinance has no potential for physical effects on the environment because it involves an adoption of certain fees and/or charges imposed by the City, does not commit the City to any 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 Fee 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 Fee and/or charges may have a significant effect on the environment.
NOW, THEREFORE, the City Council of the City of South San Francisco does hereby ORDAIN as follows:
SECTION 1. Findings
The City Council finds that the foregoing recitals are true and correct and are incorporated into the Ordinance by this reference.
SECTION 2. Adoption of Chapter 8.75
The City Council hereby adopts Chapter 8.75 (“Public Safety Impact Fee”) of Title 8 of the South San Francisco Municipal Code to read as follows:
Chapter 8.75
8.75.010 Purpose.
8.75.020 Public Safety Impact Fee established.
8.75.030 Use of fee revenues.
8.75.040 Appeals.
8.75.010 Purpose.
The purpose of the Public Safety Impact Fee (“Fee”) is to provide funding for adequate police and fire equipment, vehicles, and facilities to meet the broad range of needs of South San Francisco residents and employees, as established in the General Plan.
8.75.020 Public safety impact fee established.
A. A Public Safety Impact Fee is established to pay for public safety services, including equipment, vehicles, and facilities.
B. The City Council shall, in a resolution adopted after a duly noticed public hearing, set forth the amount of the fee, describe the need for the fee, list the types of services, facilities, and equipment to be financed, describe the estimated cost of these uses, describe the reasonable relationship between the fee and the various types of future development, and set forth time for calculation and payment of the fee.
8.75.030 Use of fee revenues.
Public Safety Impact Fee revenue shall be used only for the purposes outlined in this chapter and by resolution, consistent with the purposes of the Fee.
8.75.040 Appeals.
A developer may appeal the amount of the transportation impact fee due in writing to the City Manager with supporting documentation. The City Manager shall consider the appeal and shall make a decision on the appeal. The decision of the City Manager shall be final.
SECTION 3. Severability.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed the Ordinance, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. Publication and Effective Date
Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk’s Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk’s Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective sixty (60) days from and after its adoption.