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HomeMy WebLinkAbout1038 - Ordinance ORDINANCE NO. 1038 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER 3.80 TO THE RANCHO CUCAMONGA MUNICIPAL CODE, ESTABLISHING A DEVELOPMENT IMPACT FEE FOR FIRE IMPACTS OF RESIDENTIAL AND BUSINESS DEVELOPMENT, AMENDING CHAPTER 3.68 TO REMOVE REFERENCES TO QUIMBY ACT IN LIEU FEES, AND MAKING A DETERMINATION OF EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT I. Recitals. A. The Mitigation Fee Act contained in Government Code 66000 et seq., permits the City to impose development impact fees on new development for the purposes of funding the public facilities necessary to serve that new development. B. The City desires to update existing impact fees and expand the categories of fees that the City seeks to impose on new development to more fully and appropriately fund the costs associated with increased demand for certain public facilities throughout the City. C. Rancho Cucamonga has a park impact fee, authorized by Rancho Cucamonga Municipal Code ("RCMC") Chapter 3.68. Chapter 3.68 contains outdated references to an in-lieu fee for land dedications for subdivisions,which are authorized under the Quimby Act(Government Code Section 66477) but not imposed by the City, see RCMC 16.28.020 and Chapter 16.32. The City therefore desires to remove the references to Quimby Act in lieu fees in Chapter 3.68. This change is an administrative clean up and in no way impacts the authorized park facilities development impact fee. D. Rancho Cucamonga does not have an existing fire impact fee. The City therefore desires to establish an impact fee for fire protection and emergency response facilities, apparatus and equipment provided by the Rancho Cucamonga Fire Protection District (RCFPD),to all development in the City. E. NBS Government Finance Group has prepared the City of Rancho Cucamonga Development Impact Fee Nexus Study dated February 20, 2025 ("NBS Nexus Study"). The NBS Nexus Study covers the Park Impact Fees, Community and Recreation Center Impact Fee, Library Impact Fee, Animal Center Impact Fee, Police Impact Fee, and a new Fire Impact Fee. A copy of the NBS Nexus Study shall be on file with the City Clerk and available during regular City business hours for public inspection. F. The NBS Nexus Study identifies the purpose of the Fire Impact Fee, the use to which the Fire Impact fee will be put, demonstrates a reasonable relationship between the fee's use and the type of development project on which the fee will be imposed and provides how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed. Ordinance No. 1038 - Page 1 of 5 G. The City has complied with the notice and hearing requirements of state law and the Mitigation Fee Act prior to adopting this Ordinance, and a notice of public hearing on the development impact fees was mailed as required by law to any interested party who filed a written request with the City Clerk for mailed notice of a meeting on new or increased fees. H. The City Council held a duly noticed public hearing at the April 2, 2025, Regular Council meeting to consider the NBS Nexus Study, Capital Improvement Plan, and establishment of updated development impact fees, including establishment of the fire impact fee. I. The City Council finds that the record of these proceedings, including the NBS Nexus Study, the City's General Plan, ordinances and resolutions, the staff report, written correspondence received by the City, and the testimony received at the hearing prior to the adoption of this Ordinance contain substantial evidence to support the imposition and collection of the development impact fee established herein. J. The City Council has reviewed and considered the fire impact fee established herein and finds that the fee will mitigate some of the impacts associated with additional capital and infrastructure needs necessitated by new residential and business development in the City. II. Findings. A. The City Council hereby specifically finds that all the facts set forth in the Recitals, Part I, of this Ordinance, are true and correct. B. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act("CEQA"). This action is not a project within the meaning of the CEQA Guidelines Section 15378(b)(4) and 15061(b)(3) as it 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 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)). Pursuant to CEQA Guidelines section 15378(b)(4), the creation of government funding mechanisms which do not involve any commitment to any specific project which may cause significant effect on the environment, is not defined as a"project" under CEQA. 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. C. The City Council by separate Resolution No. 2025-010 adopted the NBS Nexus Fee Study, and the findings contained therein with respect to the adoption of a Fire Impact Fee which are included below. As provided on pages 8-11 to 8-12 of the NBS Nexus Study: i. Purpose of the Fee: The purpose of the impact fees calculated in this chapter is to mitigate the impact of new development in the City on the need for facilities, apparatus and equipment provided by the Rancho Cucamonga Fire Protection District(RCFPD). Ordinance No. 1038 - Page 2 of 5 ii. Use of the Fee. Impact fees calculated in this chapter will be used to provide additional facilities, apparatus and equipment to mitigate the impact of new development in the City on the need for those facilities. iii. Reasonable Relationship between the Use of the Fee and the Development Type on Which It Is Imposed. The impact fees calculated in this chapter will be used to provide additional facilities, apparatus and equipment to serve the added demand for fire protection and other emergency services associated with new development in the City of Rancho Cucamonga. iv. Reasonable Relationship between the Need for the Facilities and the Type of Development on Which the Fee Is Imposed. New development in the City increases the demand for fire protection and other emergency services provided by the Cucamonga Fire Protection District. Without additional facilities, apparatus and equipment, the increase in demand associated with new development would negatively impact the ability of RCFPD the to provide services efficiently and effectively to all development in the City. v. Reasonable Relationship between the Amount of the Fee and the Facility Cost Attributable to the Development Project. The amount of the fire impact fees charged to a development project will depend on the increase in calls for service associated with that project. The fees per square foot for residential development and the fees per unit of non-residential development calculated in this chapter for each type of development are based on the estimated calls for service per unit per year associated with that type of development in the Rancho Cucamonga Fire Protection District. Thus, the fee charged to a development project reflects the impact of that project on the overall need for facilities, apparatus and equipment used by RCFPD to serve development in the City. D. The City Council by separate Resolution No. 2025-010 adopted the fee amount for the Fire Impact Fee, as supported by the NBS Nexus Study, in accordance with proposed Municipal Code section 3.80.050. III. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. Chapter 3.80 is hereby added to Title 3 ("Revenue and Finance") of the Rancho Cucamonga Municipal Code to read as set forth in Exhibit A, attached hereto. SECTION 2. Chapter 3.68 of Title 3("Revenue and Finance")of the Rancho Cucamonga Municipal Code is hereby amended to remove references to in lieu fees or land dedication requirements for certain residential subdivisions authorized by the Quimby Act but not imposed by the City and to make other revisions to read as set forth in Exhibit B, attached hereto. SECTION 3. All impact fees within the City shall be charged in accordance with applicable law in effect at the time the fee is imposed. As of the time of this ordinance's adoption, an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. Accessory dwelling units of 750 square feet or less shall not be charged development impact fees by the City. Ordinance No. 1038 - Page 3 of 5 SECTION 4. The City Manager is hereby authorized and directed to take other actions on behalf of City, which are not expressly and specifically reserved for the City Council, to implement and effectuate this ordinance. The City Clerk is directed to codify this ordinance in a manner which best reflects the legislative intent of the City Council in enacting this ordinance. The City Clerk is directed to resolve any numbering conflicts accordingly. SECTION 5. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance for any reason be held invalid or unconstitutional by the 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 adopted this ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 6. This ordinance shall be in full force and effective thirty (30) days after its adoption and shall be published or posted as required by law. SECTION 7. The City Clerk shall certify to the adoption of this ordinance and shall cause it to be published in the manner required by law. Ordinance No. 1038 - Page 4 of 5 PASSED, APPROVED, AND ADOPTED this 7th day of May, 2025. 4 4 9", / e ni Michae , May r ATTEST: +�i Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Kim Sevy, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 16th day of April 2025, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 7th day of May 2025. AYES: Hutchison, Kennedy, Michael, Scott, Stickler NOES: None ABSENT: None ABSTAINED: None Executed this 8th day of May 2025, at Rancho Cucamonga, California. *imSevy, City C er Ordinance No. 1038 - Page 5 of 5 Exhibit A to Ordinance No. 1038 CHAPTER 3.80 FIRE IMPACT FEE § 3.80.010. Purpose. The city council finds that the purpose of the Fire Impact Fee hereby enacted is to prevent new residential and commercial/industrial development from reducing the quality and availability of public services provided to residents of the city by requiring new residential and business development to contribute to the cost of expanding the availability of fire assets, including facilities, apparatus and equipment provided by the Rancho Cucamonga Fire Protection District (RCFPD) in the city. The city finds: A. Fire services, facilities and equipment are needed to serve future development in the city. B. Fire services serve the entire residential and business population. C. The need to expand the existing fleet of fire vehicles and equipment will be necessary as the population continues to grow. D. These fees apply to all residential and business development. E. Revenue from the impact fees may be used to expand the availability of fire assets in the city through the acquisition or improvement of real property; or the acquisition, construction or expansion of buildings, furnishings, equipment or any of these. F. New residential and business development within the city imposes a burden on the existing fire facilities by adding additional population. G. The demand variable used to calculate impact fees for fire protection and emergency response facilities, apparatus and equipment is calls for service per year. H. As set forth in the Study, fire impact fees paid by new development are based on the system plan method because fire protection and emergency response are provided by an integrated system of assets and the best time to assess the overall relationship between development and service demand is at the point when all of the assets and all of the development will be in place. I. Since assisted living facilities are allowed in some residential zoning districts with a conditional use permit; and residents of those facilities do make use of fire services, impact fees will apply to new development of these types of facilities. J. The cost per capita will be applied to future population to compute impact fees per unit. K. Impact fees for other specialized development types should be calculated in the same way, if the need arises. L. The fee established by this chapter is in addition to any other fees or charges or taxes that are required by law as a condition of development. M. The period of greater than 10 days prior to adoption of this chapter, data has been available to the public, and to developers and their representative, indicating the cost or estimated cost of the infrastructure to be funded, the revenue sources anticipated and means of spending these costs. Exhibit A to Ordinance No. 1038 §3.80.020. Definitions. For the purposes of this chapter, the following words shall have the meanings set forth below: "Business Development" means all Non-Residential Development subject to the fee, as further described and set forth in the Study. "Businesses" includes all commercial/industrial, hotel/motel, and office units. "City/service area" means the entire city. "Dwelling unit" includes each single-family dwelling, each unit of an apartment, duplex dwelling group or multiple dwelling structure or condominium or planned residential development as a separate habitat for one or more persons or each mobilehome space designed to contain a mobilehome trailer on a semi-permanent or permanent basis. "Equipment/material" includes all necessary materials that are required for the proper operation of the facility for which this fee is imposed as defined in the study. "Facilities"means those fire facilities,land,improvements, or infrastructure of RCFD located in the city. "Person"includes every person,firm or corporation constructing a dwelling unit directly or through the services of any employee, agent or independent contractor. "Residential development" includes all buildings or dwelling units constructed for the first time on open land or when existing structures are remodeled and added to or otherwise altered to increase the number of dwelling units. "Study" means the current development impact fee study on file in the city's engineering services department that supports the fee resolution adopted pursuant to section 3.80.050. § 3.80.030. Establishment and administration of Fire Impact Fees. The city council finds that there is a reasonable relationship between the use of the fees and the need for facilities of development projects on which they are imposed and established a fire impact fee upon business and residential development. § 3.80.040. Payment. The fee imposed by this chapter shall be due and payable no sooner than issuance of building permits and no later than issuance of a certificate of occupancy for the dwelling unit(s) subject to the fee. No certificate of occupancy or temporary certificate of occupancy may be issued until the development fee has been paid in full. The amount of the fee shall be calculated at the time the fee is paid, based upon the rate then in effect. § 3.80.050. Fees. The fees imposed by this chapter shall be set by resolution of the city council. § 3.80.060. Fee exemptions. In the event that a development project is found to have no impact on facilities for which impact fees are charged, such project must be exempted from the fees. Exhibit A to Ordinance No. 1038 § 3.80.070. Use of fees. The city council finds that there is established a fire impact fee fund where all sums collected pursuant to this chapter shall be deposited. All fees collected pursuant to this chapter shall be deposited in this fund. All fire impact fees collected pursuant to this Chapter shall be forwarded to the RCFD by the city no less than on an annual basis. All fees so forwarded shall be deposited in a restricted account of the RCFD and all moneys deposited in such account together with any interest earned thereon shall be used only for the purposes of providing additional facilities, apparatus and equipment to mitigate the impact of new development in the city on the need for those facilities. § 3.80.080. Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end, the provisions of this chapter are severable. Exhibit B to Ordinance No. 1038 CHAPTER 3.68 PARK IMPACT FEES § 3.68.010. Purpose. The city council finds that the purpose of the Park Impact Fees hereby enacted is to prevent new residential development from reducing the quality and availability of public services provided to residents of the city by requiring new residential to contribute to the cost of expanding the availability of park and recreation assets in the city. The city finds: A. The need for two types of development fees for parks: Fees for park land acquisition and fees for park improvement. B. The need for fees to serve future development in the city without placing a burden on existing resources. C. The general plan has been adopted containing specific policies and standards for parks and recreation facilities. D. The demand factor for each type of residential development is the average population per unit for that type because the need for parks in a community is almost always based on population. E. The total acreage of improved city-owned park land will be used to determine the existing level of service for purposes of calculating impact fees for park land acquisition and park improvements. F. Impact fees for other specialized development types should be calculated in the same way, if the need arises. G. The period of greater than ten days prior to adoption of this chapter, data has been available to the public, and to developers and their representative, indicating the cost or estimated cost of the infrastructure to be funded, the revenue sources anticipated and means of spending these costs. § 3.68.020.Definitions. "City/service area" means the entire city. "Dwelling unit" includes each single-family dwelling, each unit of an apartment, duplex dwelling group or multiple dwelling structure or condominium or planned residential development as a separate habitat for one or more persons or each mobilehome space designed to contain a mobilehome trailer on a semi-permanent or permanent basis. "Facilities" means those park and recreation facilities, land, improvements, or infrastructure located in the city. 1123 1-0001\3061663v5.doc "Person" includes every person, firm or corporation constructing a dwelling unit directly or through the services of any employee, agent or independent contractor. "Residential development" includes all dwelling units constructed for the first time on open land or when existing structures are remodeled and added to or otherwise altered to increase the number of dwelling units. "Study" means the current development impact fee study on file in the city's engineering services department that supports the fee resolution adopted pursuant to section 3.68.050. §3.68.030. Establishment and administration of Park Impact Fees. The city council finds that there is a reasonable relationship between the use of the fees and the need for facilities of development projects on which they are imposed. A. The finance director shall establish park improvement impact fee and park land acquisition impact fee funds, (collectively "Park Impact Fees"). All fees collected pursuant to this chapter shall be deposited in this fund and shall be expended to provide additional parks to mitigate the impacts of new development in the City. B. A fee is imposed in the amounts set forth in this chapter and shall be applicable to every dwelling unit as defined in section 3.68.020 constructed in the city after the effective date of the ordinance codified in this chapter and shall be known as the Park Impact Fee. § 3.68.040. Payment. The fee imposed by this chapter shall be due and payable no sooner than issuance of building permits and no later than issuance of a certificate of occupancy for the dwelling unit(s) subject to the fee. No certificate of occupancy or temporary certificate of occupancy may be issued until the development fee has been paid in full. The amount of the fee shall be calculated at the time the fee is paid,based upon the rate then in effect. § 3.68.050. Fees. The fees imposed by this chapter shall be set by resolution of the city council. § 3.68.060. Fee exemptions. In the event that a development project is found to have no impact on facilities for which impact fees are charged, such project must be exempted from the fees. § 3.68.070. Use of fees. The city council finds that there is established a Park Fund where all sums collected pursuant to this chapter shall be deposited and shall be used to provide additional parks to mitigate the impacts of new development in the City as set forth in the Study Those public facilities and other assets are identified in the Study. -2- 11231-0001\3061663v5.doc § 3.68.080. 5everability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end, the provisions of this chapter are severable. -3- 11231-0001\3061663v5.doc