MEETING DATE: 11/21/2017
DEPARTMENT: COUNTY ADMINISTRATION OFFICE
DEPT HEAD/DIRECTOR: Ray Espinosa
AGENDA ITEM PREPARER: Louie Valdez
SBC DEPT FILE NUMBER:
SUBJECT:
COUNTY ADMINISTRATION OFFICE - R. ESPINOSA
Waive the reading, accept the Study data and findings supporting a proposed ordinance establishing development impact fees for general government, libraries, road maintenance equipment, parks and recreation, fire protection, law enforcement, detention, and information technology, find that adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) because it is not a “project” under CEQA and is therefore exempt pursuant to CEQA Guidelines section 15378 (b)(4), and that it is statutorily exempt pursuant to CEQA Guidelines section 15273(4) (Rates, Tolls, Fares and Charges for obtaining funds for capital projects necessary to maintain service within existing service area), and adopt Ordinance, an Ordinance of the Board of Supervisors of the County of San Benito, CA adopting the updated schedule of Development Impact Fees as presented, amending Chapter Five of the San Benito County Code of Ordinances.
SBC FILE NUMBER: 119
ORDINANCE NO: 962
AGENDA SECTION:
CONSENT AGENDA
BACKGROUND/SUMMARY:
Development projects in the County place new demands on County’s resources and infrastructure. The Mitigation Fee Act, California Government Code sections 66000 et seq., authorized the County to levy a fee upon development projects to defray all or a portion of the costs of public improvements and public services related to new development.
The County engaged Willdan Financial Services to prepare a report, entitled “San Benito County Development Impact Fee Study,” (“Study”), evaluating the impact of new development on costs relating to facilities for general government, libraries, road maintenance equipment, parks and recreation, fire protection, law enforcement, detention, and information technology (collectively, “Programs”). The Study estimates the cost of each of the Programs and establishes a methodology for determining development impact fees that will charge new development projects only for the portion of the cost of each Program that is associated with new development. The Study identifies costs not attributable to new development, and its recommendations do not include funding for mitigation of such costs.
The County currently imposes development impact fees for parks and recreation (“Park Facilities Impact Fee”), fire protection (“Fire Facilities Impact Fee”), capital improvements (“Capital Improvements Facilities Impact Fee”), libraries (“Library Facilities Impact Fee”), and road maintenance equipment (“Road Facilities Impact Fee”). However, this ordinance merely renames the Capital Improvements Facilities Impact Fee as the Law Enforcement Facilities Impact Fee. The County should adopt the Study’s recommendation to increase the Park Facilities Impact Fee, the Fire Facilities Impact Fee, the renamed Law Enforcement Facilities Impact Fee, the Library Facilities Impact Fee, and the Road Facilities Impact Fee (collectively, “Existing Development Impact Fees”) in order to reflect updated costs associated with new development. Furthermore, in order to further defray the cost of new development, the County should adopt the Study’s recommendation to impose new development impact fees relating to general government (“General Government Facilities Impact Fee”), detention facilities (“Detention Facilities Impact Fee”), and Information Technology (“Information Technology Facilities Impact Fee”), (collectively, “New Development Impact Fees”).
The Study identifies the uses to which the proceeds of Existing Development Impact Fees and New Development Impact Fees (collectively, “Development Impact Fees”) are put, including the identification of public facilities financed by each Development Impact Fee. Moreover, the Study establishes a reasonable relationship between the use of the proceeds of each Development Impact Fee and the type of new development upon which the Development Impact Fee is imposed, because the proceeds of each Development Impact Fee will fund only the portion of Program costs attributable to new development. Furthermore, the Study establishes a reasonable relationship between the need for public facilities funded by each Development Impact Fee and the type of development upon which the Development Impact Fee is charged, because new development upon which each Development Impact Fee is charged increases the cost of the Program funded by the proceeds of that Development Impact Fee. The Study also establishes a reasonable relationship between the amount of each Development Impact Fee and the costs of public facilities attributable to new development that are funded by each Development Impact Fee. The Development Impact Fees do not exceed the estimated reasonable cost of providing the services and facilities attributable to new development for which the Development Impact Fees are charged. The Development Impact Fees are not levied, collected, or imposed for general governmental purposes and the Development Impact Fees fund costs attributable to increased demand on public facilities reasonably related to development projects in order to maintain existing levels of service.
The sum total Proposed Development Impact Fees to be added or updated are set forth below:
Residential, Fee per Dwelling Unit Proposed Fee
Single Family $15,196.00
Multi-Family $13,922.00
Nonresidential, Fee per 1,000 ft.2
Office $2,177.00
Commercial/Retail $1,654.00
Industrial/Other $978.00
The subject areas listed below collectively represent the sum total of the Proposed Development Impact Fees:
General Government Facilities
Residential, Fee per Dwelling Unit Proposed Fee
Single Family $2,614.00
Multi-Family $2,395.00
Nonresidential, Fee per 1,000 ft.2 Proposed Fee
Office $504.00
Commercial/Retail $383.00
Industrial/Other $226.00
Library Facilities
Residential, Fee per Dwelling Unit Proposed Fee
Single Family $1,290.00
Multi-Family $1,182.00
Nonresidential, Fee per 1,000 ft.2 Proposed Fee
Office n/a
Commercial/Retail n/a
Industrial/Other n/a
Road Maintenance Equipment Facilities
Residential, Fee per Dwelling Unit Proposed Fee
Single Family $598.00
Multi-Family $548.00
Nonresidential, Fee per 1,000 ft.2 Proposed Fee
Office $114.00
Commercial/Retail $87.00
Industrial/Other $51.00
Parks and Recreation Facilities
Residential, Fee per Dwelling Unit Proposed Fee
Single Family $4,634.00
Multi-Family $4,245.00
Nonresidential, Fee per 1,000 ft.2 Proposed Fee
Office n/a
Commercial/Retail n/a
Industrial/Other n/a
Fire Facilities
Residential, Fee per Dwelling Unit Proposed Fee
Single Family $1,662.00
Multi-Family $1,523.00
Nonresidential, Fee per 1,000 ft.2 Proposed Fee
Office $712.00
Commercial/Retail $541.00
Industrial/Other $320.00
Law Enforcement Facilities
Residential, Fee per Dwelling Unit Proposed Fee
Single Family $1,518.00
Multi-Family $1,390.00
Nonresidential, Fee per 1,000 ft.2 Proposed Fee
Office $292.00
Commercial/Retail $221.00
Industrial/Other $132.00
Detention Facilities
Residential, Fee per Unit Proposed Fee
Single Family $2,614.00
Multi-Family $2,395.00
Nonresidential, Fee per 1,000 ft.2 Proposed Fee
Office $504.00
Commercial/Retail $383.00
Industrial/Other $226.00
IT Facilities
Residential, Fee per Unit Proposed Fee
Single Family $266.00
Multi-Family $244.00
Nonresidential, Fee per 1,000 ft.2 Proposed Fee
Office $51.00
Commercial/Retail $39.00
Industrial/Other $23.00
Note that minor revisions to the ordinance were made to correct errors, as shown in the revised ordinance and in track changes.
BUDGETED: