2006-004 Amend Schedule of Fees for Parkland Acquisition
.
RESOLUTION 2006-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS,
CALIFORNIA AMENDING THE SCHEDULE OF FEES FOR PARKLAND
ACQUISITION
WHEREAS, the Government Code of the State of California establishes procedures and
criteria for the imposition of fees by local agencies;
WHEREAS, pursuant to Ordinance 2000-09 the City has been collecting parkland
acquisition fees to be used for acquiring and improving park facilities to meet the specifications
ofthe City's recreational space and facilities standards and to implement the goals and objectives
of the Recreation Element of the City's General Plan;
WHEREAS the parkland acquisition fees were last modified per Ordinance 2000-09;
WHEREAS, the City Council has determined that a fee is necessary to mitigate the
impacts caused by new development, to finance necessary public improvements, and to pay for
new development's share of the construction of these improvements;
WHEREAS, the City Council commissioned a parkland acquisition impact fee study
report entitled "City of Encinitas 2005 Impact Fee Study" dated November 30, 2005;
.
WHEREAS, the City of Encinitas 2005 Impact Fee Study estimates the reasonable costs
of acquisition necessary to meet the specifications of the City's recreational space and facilities
standards and to implement the goals and objectives of the Recreation Element of the City's
General Plan;
WHEREAS, the fees are not levied for general revenue purposes nor shall they be used
for such purposes;
WHEREAS, the City of Encinitas 2005 Impact Fee Study was made available for public
inspection and review at least 10 days prior to the public hearing related to this Resolution;
WHEREAS, a noticed public hearing has been conducted in accordance with California
law prior to adoption of this Resolution which amends the schedule of fees for parkland
acquisition;
NOW THEREFORE: BE IT RESOLVED, by the City Council of the City of Encinitas,
California that the fees for parkland acquisition are set forth as follows:
Park Acquisition (Subdivision), as set forth in
Park Acquisition (Non Subdivision), as set forth in
Attachment A
Attachment B
BE IT FURTHER RESOLVED that the City Council finds and determines that the fees
. so established do not exceed the reasonable costs of acquiring parkland, are proportionate to the
.
.
.
impact created by new development as manifested in the City of Encinitas 2005 Impact Fee
Study dated November 30, 2005, and otherwise comply with the provisions Californian law and
specifically California Government Code Sections 66000 et seq
BE IT FURTHER RESOLVED that the Finance Director shall establish and maintain
the fund or funds necessary to collect said fees so imposed and to maintain said fund or funds
and the interest collected thereupon and to authorize expenditures for only those projects, bond
payments or other construction activities set forth in the City's adopted Capital Improvement
Plan. The Finance Director is further directed to file a report with the City Council within ISO
days of the close of the fiscal year determining the beginning and ending balances for the fiscal
year and the fees, interest and other income, and amount of expenditures on each public facility.
The fees deposited in the fund or funds shall not be commingled with any other fees or revenue
of the City. The Finance Director shall monitor said funds so that, if required, the City Council
may make written findings that all or any portion of the fees remaining unexpended or
uncommitted in said fund or funds for five (5) or more years remain necessary for the purpose to
which the fees are to be expended and demonstrate a reasonable relationship between the same
and the costs of the improvements;
BE IT FURTHER RESOLVED that any judicial action or proceeding to attack, review,
set aside, void or annul this fee shall be brought within the time period pursuant to California
Government Code Section 66020 after the effective date of this Resolution. Pursuant to Section
66020(d)(I), the ninety day period in which parties may protest begins upon the effective date of
this Resolution; and
BE IT FURTHER RESOLVED that the fees established by this Resolution are hereby
adopted and will be effective 60 days after adoption ofthis Resolution.
PASSED AND ADOPTED this Sth day of February, 2006, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Bond, Dalager, Guerin, Houlihan, Stocks
None
None
None
Christy G. er , Mayor of the City of
Enci ~ . ta , California
ATTEST:
WA'" A ~CL~
Deborah Cervone, City Clerk
.
ATTACHMENT "A" TO RESOLUTION 2006-04
PARK ACQUISITION FEES - SUBDIVISIONS
fees per unit of development
Park Acquisition Fees per Unit of Development (Subdivisions). This table shows the
park acquisition fees per unit of development by development type for residential
subdivisions. These fees are calculated using the per-capita costs and the population per
dwelling unit data.
Fees per Unit of Development - Park Acquisition Fee (Subdivision)
.
Development Gen Plan Dev Pop per Cost per Fee per
Tvpe Code Units 1 Unit 2 Capita 3 Unit 4
Residential (0.125-0.25 DUlAc) R DU 2.80 $ 2,400.00 $ 6,720.00
Residential (0.25-0.5 DUlAc) RR DU 2.80 $ 2,400.00 $ 6,720.00
Residential (0.5-1.0 DUlAc) RR1 DU 2.80 $ 2,400.00 $ 6,720.00
Residential (1.0-2.0 DUlAc) RR2 DU 2.80 $ 2,400.00 $ 6,720.00
Residential (2.0-3.0 DUlAc) R3 DU 2.80 $ 2,400.00 $ 6,720.00
Residential (3.0-5.0 DUlAc) R5 DU 2.80 $ 2,400.00 $ 6,720.00
Residential (5.0-8.0 DUlAc) R8 DU 2.80 $ 2,400.00 $ 6,720.00
Residential (8.0-11.0 DUlAc) R11 DU 2.20 $ 2,400.00 $ 5,280.00
Residential (11.0-15.0 DUlAc) R15 DU 2.10 $ 2,400.00 $ 5,040.00
Residential (15.0-25.0 DUlAc) R25 DU 2.10 $ 2,400.00 $ 5,040.00
Mobile Home Park MHP DU 1.90 $ 2,400.00 $ 4,560.00
1 Units of development. DU = dwelling unit
2 Population per unit of development
3 Cost per capita
4 Fee per unit of development = population per unit X cost per capita
.
.
.
.
ATTACHMENT "B" TO RESOLUTION 2006-04
PARK ACQUISITION FEES - NON-SUBDIVISIONS
Park Acquisition Fees per Unit of Development (Non-subdivision Projects). This
table shows the calculation of park acquisition fees per unit of development by
development type for non-subdivision projects. These fees are calculated using the per-
capita costs and population per dwelling unit data.
Fees per Unit of Development - Park Acquisition Fee (Non-subdivisions)
Develo ment T e
Residential (0.125-0.25 DUlAc)
Residential (0.25-0.5 DUlAc)
Residential (0.5-1.0 DUlAc)
Residential (1.0-2.0 DUlAc)
Residential (2.0-3.0 DUlAc)
Residential (3.0-5.0 DUlAc)
Residential (5.0-8.0 DUlAc)
Residential (8.0-11.0 DUlAc)
Residential (11.0-15.0 DUlAc)
Residential (15.0-25.0 DUlAc)
Mobile Home Park
Gen Plan
Code
R
RR
RR1
RR2
R3
R5
R8
R11
R15
R25
MHP
Dev
Units 1
DU
DU
DU
DU
DU
DU
DU
DU
DU
DU
DU
Func Pop
er Unit 2
2.80
2.80
2.80
2.80
2.80
2.80
2.80
2.20
2.10
2.10
1.90
(1) Units of development. DU = dwelling unit
(2) Functional population per unit of development.
(3) Cost per capita
(4) Fee per unit of development = population per unit X cost per capita
Equity per
Ca ita 3
$1,961.19
$1,961.19
$1,961 . 19
$1,961.19
$1,961.19
$1,961.19
$1,961.19
$1,961.19
$1,961.19
$1,961.19
$1,961.19
Fee per
Unit 4
$ 5,491.00
$ 5,491.00
$ 5,491.00
$ 5,491.00
$ 5,491.00
$ 5,491.00
$ 5,491.00
$ 4,314.00
$ 4,118.00
$ 4,118.00
$ 3,726.00