Loading...
HomeMy WebLinkAbout06-131 - Resolutions RESOLUTION NO. 06-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING PLANNED PARK LAND ACREAGE, RESIDENTIAL LAND VALUES, AND AVERAGE RESIDENTIAL DENSITIES, FOR THE PURPOSE OF CALCULATING LAND DEDICATION AND IN- LIEU FEE REQUIREMENTS PURSUANT TO CHAPTER 16.32 OF THE RANCHO CUCAMONGA MUNICIPAL CODE A. RECITALS. (i) Chapter 16.32 of the City of Rancho Cucamonga Municipal Code establishes a formula to calculate required park land dedication and in-lieu fees for subdivisions, based on the following components: planned park acreage per 1,000 residents; average residential densities based on Federal Census data;,arld the fair market value of park land per acre, all as determined by Resolution of the City Council in accordance with Government Code Section 66477. (ii) The City Council has heretofore caused a comprehensive study to be conducted In order to determine the component values referred to in Recital (i), above. (iii) On April 19, 2006, the City Council conducted a duly noticed public hearing concerning the planned park acreage per 1000 residents, residential densities and fair market values established herein. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: This Council hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Resolution, are true and correct. SECTION 2: The City Council hereby approves and adopts that certain study dated January 16, 2006, and conducted by TischlerBise Consultants ("the Study"), including all determinations set forth therein. A full, true and correct copy the Study is attached hereto as Exhibit "A" and is incorporated by reference herein. All determinations, values and densities hereinafter established are based upon the Study. Resolution No. 06-131 Page 2 of 28 SECTION 3: Utilizing the procedures in Government Code Section 66477(a)(2), the City Council hereby finds that the City of Rancho Cucamonga has an existing ratio of 3.17 acres of park land for each 1000 city residents. The public interest, convenience, health, welfare and safety require that 3.17 acres of park land for each 1000 new subdivision residents be devoted to neighborhood and community park and recreational purposes. Based upon the foregoing, the City Council hereby adopts 3.17 acres of park land property ("planned park land acreage') as the standard for calculation of park land dedication and in-lieu fee requirements pursuant to Chapter 16.32 of Title 16 of the Rancho Cucamonga Municipal Code. SECTION 4: The City Council hereby establishes the average cost per acre to acquire park land by land use designation, in Rancho Cucamonga, for the purpose of implementing Chapter 16.32 of the Municipal Code as follows: Zoning Value District er Acre Very Low Residential $ 400,000 Low Residential $ 450,000 The City utilizes these two zoning district types based upon a determination that all future park sites will be located within these residential areas. Utilizing said figures, the City Council hereby establishes the average cost of land suitable for park land as $425,000 per acre. SECTION 5: The City Council hereby establishes, based on 2000 Federal Census data, the average residential density by dwelling type for the purpose of implementing Chapter 16.32 of the Municipal Code, as follows: Type of Dwelling Avg Pop per DU Single-Family Detached 3.29 Single-Family Attached 2.38 Duplex 2.74 Multiple 3-4 2.72 Multiple 5-9 1.90 Multiple 10+ 2.07 Mobile Home 2.00 Nursing/Assisted Living Facility 1.00 Resolution No. 06-131 Page 3 of 28 SECTION 6: The planned park acreage, average cost per acre to acquire park land, and average residential density as determined by this Resolution shall apply to subdivisions of 51 lots or greater. The terms of payment and procedures are outlined in Section 16.32.030 of Chapter 16.32 of Title 16 of the Rancho Cucamonga Municipal Code. The planned park acreage, land values, and densities established in this Resolution supersede and replace any such prior determinations. SECTION 7: In accordance with Government Code Section 66477(a)(2)(A)(5), the City Council hereby finds that the amount and location of land to be dedicated and/or the fees to be paid by application of the values established herein, in conjunction with the formulas established in Chapter 16.32 of the Rancho Cucamonga Municipal Code, shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of each affected subdivision. SECTION 8: This Resolution shall not take effect until Ordinance No. 759 becomes operative. SECTION 9: The City Clerk shall certify to the adoption of this Resolution. please see the following page for formal adoption,certification and signatures Resolution No. 06-131 Page 4 of 28 PASSED, APPROVED, AND ADOPTED this 1g1 day of April 2006. AYES: Alexander, Michael, Spagnolo, Williams NOES: None ABSENT: Gutierrez ABSTAINED: None William J. Alex and , Mayor ATTEST: L ebra J. AtCMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 1 gch day of April 2006. Executed this 20`h day of April 2006, at Rancho Cucamonga, California. L —�' ¢i ebra J. A(!/n6, CIVIC, City Clerk Resolution No. 06-131 Page 5 of 28 ATTACHMENT"A" Park Impact Fee Study Prepared for: City of Rancho Cucamonga, California January 16, 2006 Prepared by: TschlerOse Fiscal,Emnomfl.&Planning C.n,Wtam, Resolution No. 06-131 Page 6 of 28 City of Rancho Cucamonga,California Park Impact Fee Study— January 16,2006 Table of Contents Table of Contents....................................................................................................................................2 ExecutiveSummary.................................................................................................................................3 LEGALFRAMEWORK.............................................................................................................. 3 IMPACT FEE CALCULATION METHODOLOGY.............................................. 6 Parks........................................................................................................................................................8 STUDYAREA................................................................................................................................ 8 DEMAND VARIABLE AND METHODOLOGY...............................................................8 PARKLAND—MAJOR SUBDIVISIONS...........................................................................:.10 Parkland(Major Sub&vitioas)—LOS Aw#si............................................................................................................10 Parkland(Major Sub&oisiow)—Coit Ana§sir............................................................................................................13 PARKAMENITIES....................................................................................................................14 Park Amenities(Minor Sub&outons andNon-fub&ninon Projeetr)—LOS Anal#sir..................................................14 Park Amenikes(Minor Subdioisiow andNon-Sub&vision Peojerk)—Cort Anaysis...................................................15 RECREATIONAL FACILITIES..............................................................................................16 Remational Fakbties(MinorSubGbisions and Non-mbdwiron prvjerk)—LOSAnalysir...........................................16 Runakond Faeibkei(Minor Subdebiuon,and Non-subanwan pryera)—CnstAna&is.............................._............17 PARKLAND IN-LIEU FEE..................................................................................................... 17 PARK IMPROVEMENT IMPACT FEE...............................................................................19 Appendix 1: Implementation and Administration.................................................................................21 ADOPTION.................................................................................................................................21 ADMINISIRATION..................................................................................................................21 2 Resolution No. 06-131 Page 7 of 28 City of Rancho Cucamonga,California Park Impact Fee Study— January 16,2006 Executive Summary The City of Rancho Cucamonga has retained TischlerBise to prepare this study to update the City's Park Impact Fees. This report documents the data, methodology, and results of the fee study. Impact fees are one-time payments used to fund system improvements needed to accommodate development. As documented in this report, the methods used to calculate impact fees in this study are intended to satisfy all legal requirements governing such fees, including provisions of the U. S. Constitution, the California Constitution,and the California Mitigation Fee Act (Government Code Sections 66000 et seq., including the Quimby Act (Government Code Section 66477). LEGAL F AM .WORK U. S. Constitution. Like all land use regulations, development exactions,including impact fees, are subject to the Fifth Amendment prohibition on taking of private property for public use without just compensation. Both state and federal courts have recognized the imposition of impact fees on development as a legitimate form of land use regulation, provided the fees meet standards intended to protect against regulatory takings. To comply with the Fifth Amendment, development regulations must be shown to substantially advance a legitimate governmental interest. In the case of impact fees, that interest is in the protection of public health, safety, and welfare by ensuring that development is not detrimental to the quality of essential public services. There is little federal case law specifically dealing with impact fees,although other rulings on other types of exactions (e.g. land dedication requirements) are relevant. In one of the most important exaction cases, the U. S. Supreme Court found that a government agency imposing exactions on development must demonstrate an "essential nexus" between the exaction and the interest being protected (See Nollan P. California Coastal Commiition, 1987). In a more recent case (Dolan u. City of Tigard, OR, 1994),the Court ruled that an exaction also must be "roughly proportional" to the burden created by development. However, the Dolan decision appeared to set a higher standard of review for mandatory dedications of land than for monetary exactions such as impact fees. Constitutional issues related to impact fees will be discussed in more detail below. California Constitution. The California Constitution grants broad police power to local governments, including the authority to regulate land use and development. That police power is the source of authority for a wide range of regulations, including the authority to impose impact fees on development to pay for infrastructure and capital facilities. Some impact fees have been challenged on grounds that they are special taxes imposed without voter approval in violation of Article XIIIA, which was added by Proposition 13 in 1978. That objection is valid only if the fees exceed the cost of providing capital facilities needed to serve new development. If that were the case, then the fees would also run afoul of the U. S. Constitution and the Mitigation Fee Act. Articles XIIIC and XIIID, added by Proposition 218 in 1996, require voter approval for some "property-related fees," but exempt"the imposition of fees or charges as a condition of property development." The Mitigation Fee Act. California's impact fee statute originated in Assembly Bill 1600 during the 1987 session of the Legislature, and took effect in January, 1989. AB 1600 added several sections to the Government Code, beginning with Section 66000. Since that time the impact fee statute has been amended from time to time, and in 1997 was officially titled 3 Resolution No. 06-131 Page 8 of 28 City of Rancho Cucamonga,California Park Impact Fee Study— January 16,2006 the "Mitigation Fee Act." Unless otherwise noted, code sections referenced in this report are from the Government Code. The Act does not limit the types of capital improvements for which impact fees may be charged. It defines public facilities very broadly to include "public improvements, public services and community arnetdties." Although the issue is not specifically addressed in the Mitigation Fee Act,other provisions of the Government Code(see Section 65913.8)prohibit the use of impact fees for maintenance or operating costs. Consequently,the fees calculated in this report are based on capital costs only. The Mitigation Fee Act does not use the term "mitigation fee" except in its official title. Nor does it use the more common term"impact fee." The Act simply uses the:word "fee," which is defined as "a monetary exaction, other than a tax or special assessment, ... that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project ...... To avoid confusion with other types of fees, this report uses the widely-accepted term "impact fee," which should be understood to mean "fee" as defined in the Mitigation Fee Act. The Mitigation Fee Act contains requirements for establishing, increasing and imposing impact fees. They are summarized below. It also contains provisions that govern the collection and expenditure of fees, and require annual reports and periodic re-evaluation of impact fee programs. "Those administrative requirements are discussed in the Implementation Chapter of this report. Certain fees or charges related to development are exempted from the requirements of the Mitigation Fee Act. Among them are fees in lieu of park land dedication as authorized by the Quimby Act (Section 66477), fees collected pursuant to a reimbursement agreement or developer agreement, and fees for processing development applications. Required Findings. Section 66001 requires that an agency establishing, increasing or imposing impact fees,must make findings to: 1. Identify the purpose of the fee; 2. Identify the use of the fee;and, 3. Determine that there is a reasonable relationship between: a. The use of the fee and the development type on which it is imposed; b. The need for the facility and the type of development on which the fee is imposed;and c. The amount of the fee and the facility cost attributable to the development project. (Applies only upon imposition of fees.) Each of those requirements is discussed in more detail below. Identifying the Purpose of the Fees. The broad purpose of impact fees is to protect the public health, safety and general welfare by providing for adequate public facilities. The specific purpose of the fees calculated in this study is to fund the constmetion of certain capital improvements identified in this report. Those improvements are needed to tnitigate the impacts of additional development in the City, and thereby prevent deterioration in public services that would result from additional development if impact fee revenues were 4 Resolution No. 06-131 Page 9 of 28 City of Rancho Cucamonga,California Park Impact Fee Study— January 16,2006 not available to fund such improvements. Findings with respect to the purpose of a fee should state the purpose of the fees as financing development-related public facilities in a broad category,such as street improvements or water supply system improvements. Identifying the Use of the Fees. According to Section 66001, if a fee is used to finance public facilities,those facilities must be identified. A capital improvement plan may be used for that purpose, but is not mandatory if the facilities are identified in the General Plan, a Specific Plan, or in other public document. Impact fees calculated in this study are based on specific capital facilities identified in this report. We recommend that this report be designated as the public document identifying the use of the fees. Reasonable Relationship Requirement As discussed above, Section 66001 requires that, for fees subject to its provisions,a 'reasonable relationship" must be demonstrated between: 1. the use of the fee and the type of development on which it is imposed; 2. the need for a public facility and the type of development on which a fee is imposed;and, 3. the amount of the fee and the facility cost attributable to the development on which the fee is imposed. These three reasonable relationship requirements as defined in the statute are closely related to "rational nexus" or "reasonable relationship" requirements enunciated by a number of state courts. Although the term "dual rational nexus" is often used to characterize the standard by which courts evaluate the validity of development impact fees under the U. S. Constitution, we prefer a formulation that recognizes three elements: "impact or need" "benefit," and "proportionality." The dual rational nexus test explicitly addresses only the fust two, although proportionality is reasonably implied, and was specifically mentioned by the U.S. Supreme Court in the Dolan case. The reasonable relationship language of the statute is considered less strict than the rational nexus standard used by many courts. Of course, the higher standard controls. We will use the nexus terminology in this report for two reasons: because it is more concise and descriptive, and also to signify that the methods used to calculate impact fees in this study are intended to satisfy the more demanding constitutional standard. Individual elements of the nexus standard are discussed further in the following paragraphs. Demonstrating an Im act. All new development in a community creates additional demands on some, or all, public facilities provided by local government. If the supply of facilities is not increased to satisfy that additional demand,the quality or availability of public _ services for the entire community will deteriorate. Impact fees may be used to recover the cost of development-related facilities, but only to the extent that the need for facilities is a consequence of development that is subject to the fees. The Nollan decision reinforced the principle that development exactions may be used only to mitigate conditions created by the developments upon which they are imposed. That principle clearly applies to impact fees. In this study, the impact of development on improvement needs is analyzed in terms of quantifiable relationships between various types of development and the demand for specific facilities, based on applicable level-of-service standards. This report contains all information needed to demonstrate this element of the nexus. Demonstrating a Benefit. A sufficient benefit relationship requires that impact fee revenues be segregated from other funds and expended only on the facilities for which the 5 Resolution No. 06-131 Page 10 of 28 City of Rancho Cucamonga,California Park Impact Fee Study— January 16,20)6 fees were charged. Fees must be expended in a timely manner and the facilities funded by the fees must serve the development paying the fees. Nothing in the U.S.Constitution or California law requires that facilities paid for with impact fee revenues be available excluJitell to development paying the fees. Procedures for earmarking and expenditure of fee revenues are mandated by the Mitigation Fees Act, as are procedures to ensure that the fees are expended expeditiously or refunded. All of those requirements are intended to ensure that developments benefit from the impact fees they are required to pay. Thus,an adequate showing of benefit must address procedural as well as substantive issues. Demonstrating Pmportlonality. The requirement that exactions be proportional to the impacts of development was clearly stated by the U.S. Supreme Court in the Dolan case (although the relevance of that decision to impact fees has been debated) and is logically necessary to establish a proper nexus. Proportionality is established through the procedures used to identify development-related facility costs, and in the methods used to calculate impact fees for various types of facilities and categories of development In this study, the demand for facilities is measured in terms of relevant and measurable attributes of development. For example, the need for road improvements is measured by die number of vehicle trips generated by development. In calculating impact fees,costs for development-related facilities are allocated in proportion to the service needs created by different types and quantities of development. The following section describes methods used to allocate facility costs and calculate impact fees in ways that meet the proportionality standard. Impact Fees for Existing Facilities. It is important to note that impact fees calculated using the cost recovery method (described below) may be used to pay for existing facilities, provided that those facilities are needed to serve additional development and have the capacity to do so. In other words,such fees must satisfy the same nexus requirements as any other impact fee. IMPACT FEE CALCULATION METHODOLOGY Any one of several legitimate methods may be used to calculate impact fees. The choice of a particular method depends primarily on the service characteristics and planning requirements for the facility type being addressed. Each method has advantages and disadvantages in a particular situation, and to some extent they are interchangeable, because they all allocate facility costs in proportion to the needs created by development. Reduced to its simplest terms, the process of calculating impact fees involves only two steps: determining the cost of development-related capital improvements, and allocating those costs equitably to various types of development. In practice, though, the calculation of impact fees .can become quite complicated because of the many variables involved in defining the relationship between development and the need for facilities. The following paragraphs discuss three basic methods for calculating impact fees and how those methods can be applied. Plan-Based Impact Fee Calculation. The plan-based method allocates costs for a specified set of improvements to a specified amount of development. The improvements 6 Resolution No. 06-131 Page 11 of 28 City of Rancho Cucamonga,California Park Impact Fee Study— January 16,2006 are identified by a facility plan and the development is identified by a land use plan. In this method, the total cost of relevant facilities is divided by total demand to calculate a cost per unit of demand. Then, the cost per unit of demand is multiplied by the amount of demand per unit of development (e.g. dwelling units or square feet of building area) in each category to arrive at a cost per unit of development. The plan-based method is often the most workable approach where actual service usage is difficult to measure (as is the case with administrative facilities), or does not directly drive the need for added facilities (as is the case with fire stations). It is also useful for facilities, such as streets, where capacity cannot always be matched closely to demand. This method is relatively inflexible in the sense that it is based on the relationship between a particular facility plan and a particular land use plan. If either plan changes significantly, the fees should be recalculated. Cost Recovery Impact Fee Calculation. The rationale for the cost recovery approach is that new development is paying for its share of the useful life and remaining capacity of facilities from which new growth will benefit. To calculate an impact fee using the cost recovery approach, facility cost is divided by ultimate number of demand units the facility will serve. Incremental Expansion Impact Fee Calculation. The incremental expansion method documents the current level-of-service (LOS) for each type of public facility in both quantitative and qualitative measures, based on an existing service standard such as square feet per capita or park acres per capita. The level-of-service standards are determined in a manner similar to the current replacement cost approach used by property insurance companies. However, in contrast to insurance practices, Rancho Cucamonga will not use the funds for renewal and/or replacement of existing facilities. Rather, the City will use the impact fee revenue to expand or provide additional facilities, as needed, to accommodate new development. An incremental expansion cost method is best suited for public facilities that will be expanded in regular increments,with LOS standards based on current conditions in the community. In this study, the incremental expansion method is used for all components of the parks and recreation impact fee. All costs in the impact fee calculations are given in current dollars with no assumed inflation rate over time. Necessary cost adjustments can be made as part of the recommended annual evaluation and update of impact fees. One approach is to adjust for inflation in construction costs by means of an index like the one published by Engineering News Record (ENR). This index could be applied against the calculated impact fees. If cost estimates change significantly,the fees should be recalculated. 7 Resolution No. 06-131 Page 12 of 28 City of Rancho Cucamonga,California Park Impact Fee Study—January 16,2006 Parks This chapter presents the methodology used to update the 1991 City of Rancho Cucamonga Park Impact Fees. Based on discussions with City staff, major subdivisions of more than 50 parcels will be assessed a parkland in-lieu fee and minor subdivisions of 50 cr less parcels will be assessed a park improvement impact fee. The parkland in-lieu fee is governed by the State's Quimby Act.When acquiring parkland as a condition of development approval, the Act allows the City to require either dedication of land or payment of in-lieu fees based on the value of the land. The Act applies to subdivisions of more than 50 parcels.Smaller projects (50 parcels or less)will be assessed the park improvement impact fee,which includes park amenities and recreational facilities. STUDY AREA The study area for this update is the City of Rancho Cucamonga.As the City's parks all have attributes that serve the City as a whole, impact fees are calculated on a citywide basis. The City's existing and planned parks are well distributed throughout the City and it is assumed that future parks will be sited so that all existing and new city residents will have reasonable access to City parks. DEMAND VARi .F AND M THODO O Y The demand for parks is considered a function of population. In 2003, the California Department of Finance Demographic Research Unit estimated population for the City of Rancho Cucamonga at 146,700, a 15% increase from the 2000 Census. In 2005, the State estimates a population of 161,830, an increase of 10%since 2003.As shown in Figures 1 and 2, all park capital costs are allocated to residential development only and standards are shown on a per capita basis. Figure 1:Parkland In-Lieu Fee Methodology Chart Residential Development Persons Per Housing Unit multiplied by Parkland Capital Cost Per Petson 8 Resolution No. 06-131 Page 13 of 28 City of Rancho Cucamonga,California Park Impact Fee Study— January 16,2006 Figure 2: Park Improvement Impact Fee Methodology Chart Residential Development Persons Per Housing Unit multiplied by Capital Cost Per Person Park Amenities Cost Per Person Recreational Facilities Cost Per Person The incremental expansion, or standards-based, methodology is used to calculate this fee. The incremental expansion method documents the current level-of-service (LOS) for the selected public facilities,based on current service standards such as park acres per capita or recreational facility square feet per capita. Persons per housing unit is used to differentiate the demand for parks by type of housing. Figure 3 illustrates persons per housing unit in Rancho Cucamonga by housing type as reported in the 2000 Census. For nursing/assisted living facilities, this figure is not available through the Census. When calculating the impact fees,TischlerBise conservatively estimates one person per nursing/assisted living facility room or unit. 9 Resolution No. 06-131 Page 14 of 28 City of Rancho Cucamonga,California Park Impact Fee Study- January 16,2006 Figure 3: Persons Per Housing Unit in Rancho Cucamonga Combined Renterand Droner Unite inPersons Vacant Total Pers rson: stromne eons Households t: �UNts Flea units 1 Household Hill=t 1 demched(SFD) %,2631 28,6621 3.36 62 29'a 129 1 attached(SFA) 6,037 2,444 1 2.9 ;»g 2 M91 229 1 2.83 1 23 274 34 4,25 1,532 2.78 r 272 5_9 9,711 2,321 2.03 16 290 10-19 2,921 1,334 2.19 11 202 20-09 771 297 243 3 33 215 5D+ 6,210 2820 2.20 1 Z ;,Oq Mobile Home(MH) 2,705 ],317 205 Other 39 M 1.95 2 1% Total SP35ample DaG 124,509 4%976 3.04 1,253 I2.95 SR IMI'mcent Data 124,117 4%863 92,134 2.97% Vacancy Ram 2000 Penume Per Housing Unit by Honing Type Persom Households PPPVac_ent Total PPHV lise unit Mie Flse Ur_b He,Um Engle Family Detached 96,263 28,662 3.36 624 29,286 329 69% Single Family Attached 6,037 2,449 2.47 99 2,538 238 6% Duple* 649 229 2.0 8 237 274 1% Multiple 3-4 4,252 1,532 278 29 1,561 zn 4% Multiple 5-9 4,711 2,321 203 161 2,482 1.90 6% Multiple 1M 9ps3 4,951 221 299 4,750 207 11% Mobile Home 2,705 1,317 205 38 1,355 2.00 3% other 39 20 1.95 0 2D 195 0% TOTALL.Gnmp Quarters 124509 42,209 295 100X Group Quarters 3,626 Sample Difference (113) (95) TOFAL 128,135 moo U.S..neer p RKLAND-MAJOR SURD VISIO T (MORE THAN 50 PARCELS) The Quimby Act provides that a City may require residential subdividers to dedicate land for future parks or to pay fees in lieu of dedication. The Acts states that requirements for land dedication or in-heu fees are to be based on a population ratio of 3.0 to 5.0 acres per thousand added residents, depending on the existing ratio. The incremental expansion methodology is used to calculate this in-lieu fee. The first step of calculating the incremental expansion methodology measures the current level-of-service (LOS) being provided to existing development. The second step involves determining the cost per person to provide this LOS. Parkland(Major Subditirions)-LOS Analyri.r Figure 4 lists the City of Rancho Cucamonga's community, neighborhood and undeveloped parkland, totaling 405 acres. The Quimby Act requires that the level-of-service calculation be based on the City's population from the most recent Census. Therefore the 2000 Census population of 127,743 is used. Since residential development creates 100% of the demand for parkland, the residential proportionate share factor is 100%. To calculate the current parkland LOS, the total park acreage of 405 acres is multiplied by a residential demand of 10 Resolution No. 06-131 Page 15 of 28 City of Rancho Cucamonga,California Park Impact Fee Study— January 16,2006 100%.That number, 405, is divided by the 2000 Census population of 127,743. This results in 3.17 acres parkland per 1,000 persons or .00317 acre per person. According to the Quimby Act, the City is authorized to base its dedication/in-lieu fee requirement on this ratio,as it does not exceed five acres per thousand residents. 11 Resolution No. 06-131 Page 16 of 28 City of Rancho Cucamonga,California Park Impact Fee Study— January 16,2006 Figure 4: Parkland LOS Standards 11 of Acquisition Acquisition Park acres CosUArre' Cost Community Parks Etiwanda Creek Park 12 $425,000 $5,100,000 Heritage Community Park 40 $425,000 $17,000,000 Red Hill Community Park 44 $425,000 $18,700,000 Sports Complex 42 $425,000 $17,850,000 Central Park 20 $475,000 $8,300,000 Neighborhood Parks Bear Gulch Park 5 $425,000 $2,125,000 Beryl Park East 10 $425,000 $4,250,000 Beryl Park West 10 $425,000 $4250,000 Church Street Park 6.5 $425,000 $2,762,500 Coyote Canyon Park 5 $425,000 $2,125,000 Day Creek Park 11 $425,000 $4,675,000 Ellena Park 5 S425000 $2,125,000 Golden Oak Park 5 $425,000 $2,125,000 Hermosa Park 10 $425,000 $4,750,000 Kenyon Park 6.5 $425,000 $2,762,500 La Mission Park-Ralph M.Lewis 8 $425,000 $3,400,000 Lions Park 1.5 $425,000 $637500 Milliken Park 10 $425,000 $4,250,000 Old Town Park 5 $475,000 $2,125,000 Spruce Ave.Park 5 $425,000 $2,125,000 Victoria Grove Park 6.5 $425,000 $2,762,500 Vintage Park 6.5 $425,000 $2,762,500 West Greenway Park 5 $175,000 $2,125,000 Windrows Park 8 $425,000 $3,400,000 Mountain View Park 5 $425,000 $2,125,000 Victoria Arbors Park 8 $475,000 $3,400,000 Undeveloped Parkland Central Park 83 $475,000 $35,275,000 Etiwanda Creek Park 16 $425,000 $6,800,000 South Etiwanda 5.5 $425,000 $2,337500 TOTAL 405 $172,125,000 12 Resolution No. 06-131 Page 17 of 28 City of Rancho Cucamonga,California Park Impact Fee Study— January 16,2006 Proportionate Share Residential 100% Demand Units Population(2000) 127,743 LOS Acres per person .00317 Acres per 1,000 persons 3.17 *Source:City of Rambo Cucamonga,bared on study conducted by J. Wilhum Muryby and Associates Parkland(Major SubdinirionrJ—Cort Analyrix The City estimates it costs $425,000 to acquire an acre of residential land for parkland. This estimate is based on an August 1, 2005 appraisal study conducted by J. William Murphy and Associates expressly for this purpose. The study presents an estimated value per acre for undeveloped land in each of the City's residential land use zones.The City anticipates that in the future it will acquire land in the areas zoned "very low" and `low" density. Therefore, the midpoint of these two appraisal values is wed - $425,000 C very low" density had an estimated value of$400,000 and "low" density a value of$450,000). Using this figure, the total acquisition cost is $172,125,000 for 405 acres (405 acres x $425,000 = $172,125,000). As shown in Figure 5, the total cost per person to provide additional parkland for new residential development is $1,347.43. This is calculated by multiplying the current LOS of .00317 acre per person by$425,000 per acre(00317 x$425,000= $1,347.43). 13 Resolution No. 06-131 Page 18 of 28 City of Rancho Cucamonga,California Park Impact Fee Study— January 16,2006 Figure 5: Parkland Cost Standards (Subdivisions) Level of Service Acres per person .00317 Acres per 1,000 persons 3.17 Cost Factor Cost per acre $425,000 Cost Per Person $1,347.43 PARK AMENITIES (MINOR SUBDIVISIONS OF 50 OR LESS PARCELS.AND NON-SUBDIVSION PROJECTS) The incremental expansion methodology is used to calculate the park amenities component of the Parks Improvement Impact Fee. The first step of calculating the incremental expansion methodology measures the current level-of-service (LOS) being provided to existing development. The second step involves determining the cost per person to provide this LOS. Park Ameniker(Minor Subdivisions and Non-Subdivision PmjeetrJ—LOSAnalysis Figure 6 summarizes the acreage for the City's two developed park categories--community and neighborhood — and provides the City's estimated cost per acre for park amenities. Undeveloped park land is not included in this section as no amenities are provided on these sites. The City estimates a cost of$400,000/acre for its prototype community park, which typically include restroom facilities, play area/tot lot, exercise/jogging course, group picnic shelter, 2 full basketball courts, 3 lighted ballfields and on-site parking. The City estimates a cost of $300,000 an acre for neighborhood parks that typically include restrooms, 160' unlighted ballfield, play area/tot lot, exercise/jogging course, 1 full basketball court, picnic shelter with tables and barbeque grills and on-site parking. As neighborhoodparks offer amenities that are accessed by residents throughout the City,particularly for ballfields, these parks are considered as serving the entire City. Of the City's developed park acreage, community and neighborhood parks represent 158 and 142.50 acres,respectively. Since residential development creates 100% of the demand for park amenities, a residential proportionate share factor of 100% is used. To calculate the current park amenities LOS, 300.50 developed acres is multiplied by 100% residential demand. That number, 300.50, is divided by 161,830 persons.This results in .00186 developed acres per person. 14 Resolution No. 06-131 Page 19 of 28 City of Rancho Cucamonga,California Park Impact Fee Study— January 16,2006 Figure 6: Park Amenities LOS Standards Acres Unit Total replacement replacement Park Type cost* cost Community Park 158.00 $400,000 $63,200,000 Neighborhood Park 142.50 $300,000 $42,750,000 TOTAL 300.50 $105,950,000 Proportionate Share Residential 100% Demand Units 2005 Population 161,830 LOS Developed acres per person .00186 *Sourre:GO of Rancho Cucamonga Park Amenities(Minor Subdivirions and Nan-Subdivision Projects)—Cort Analyst As shown in Figure 6, the City estimates the current inventory of park amenities to have a total replacement value of$105,950,000. As shown in Figure 7, this results in an average amenity cost of$352,579 per acre ($105,950,000 / 300.5 acres = $352,579 per acre). The cost per person is calculated by multiplying the current LOS of.00186 developed acres per person by the amenity cost of$352,579 per acre which results in a cost factor of$654.70 per person. Figure 7: Park Amenities Cost Standards Level of Service Developed acres per person .00186 Cost Factor Cost of amenities/acre $352,579 Cost Per Person $654.70 15 Resolution No. 06-131 Page 20 of 28 City of Rancho Cucamonga,California Park Impact Fee Study— January 16,20G6 REC RATION i FACILITIES ITIES (Myron SUBDIVISIONS OF 50 OR LESS PARCEL AND NQN-SU DIVS10N PROD CI ) The incremental expansion methodology is used to calculate the recreational facilities component of the Park Improvement Impact Fee. The City will use the impact fees to provide new/expanded facilities of a similar type. The fust step of calculating the incremental expansion methodology measures the current level-of-service (LOS) being provided to existing development. The second step involves determining the cost per person to provide this LOS. - Reemational Facilities(Minor Subdivisions and Nan-mbdt'virion projects)—IAS Ana!yris Figure 8 lists the City's recreational facilities. As residential development creates 100% of the demand for recreational facilities, a residential proportionate share factor of 100% is used. To calculate the current recreational facilities LOS, 167,895 square feet of recreational facility space is multiplied by 100%residential demand. That number, 167,895,is divided by 161,830 persons.This results in 1.037 square feet per person. Figure 8: Recreational Facilities LOS Standards Facility" Square Replacement Cost Replacement Feet Per Sq.FL* Cost* Lions West Community Center 101228 $439 $4,487,223 Lions East Community Center 12,000 $439 $5,261,634 RC Family Sports Center 34,000 $439 $14,916,464 Central Park Community Center 57,000 $371 $21,172,650 Heritage Park Equestrian Center 3,045 $439 $1,335,901 Victoria Gardens Cultural Center 73,850 $506 $37368100 TOTAL 167,895 874,793,132 Proportionate Share Residential 100% Demand Units Population 161,830 LOS Square feet per person 1.037 *Sounr:City of Ramcbe Cucamonga **Neighborbood Center/orated at 9791 Avow Highway(Former Senior Center)Aar not been included in the 4a of"makonat faabtiex pending jurtherpahg dermonr on use andf,nt disposition of this facilit,to be determined by the City Caanm[ 16 Resolution No. 06-131 Page 21 of 28 City of Rancho Cucamonga,California Park Impact Fee Study— January 16,2006 Recreational Facilities (Minor Subdivisions and Non-subdivision projects)—Cost Analysis As shown in Figure 8, the City estimates its recreational facilities have a total replacement value of$74,793,132 or an average replacement cost of$445.48/square foot.' The cost per person is shown in Figure 9 and is calculated by multiplying the current LOS of 1.037 square feet per person by the average cost per square foot of$445.48 which results in a cost factor of$462.17 per person. Figure 9: Recreational Facilities Cost Standards Level of Service Square feet per person 1.037 Cost Factor Cost Per Square Foot $445.48 Cost Per Person $462.17 PARKLAND IN-LIEU FEESO(F R MAJOR SUBDIVISIONS) Figure 10 provides a summary of the level of service and cost factors used to calculate the Parkland In-Lieu Fee for subdivisions of more than 50 parcels.This component of the fee is assessed on new development when the City opts to require payment in-lieu of land dedication. Per Quimby Act requirements, the level of service standard is based on the ratio of current parkland acreage to the 2000 Census population for the City. This results in 3.17 acres of parkland per 1,000 persons. Figure 10 shows the capital cost for parkland for subdivisions is $1,347 per person. Persons per housing unit (or per room for nursing/assisted living facilities) are multiplied by the capital cost. Using single family housing units as an example, 3.29 persons per housing unit is multiplied by the cost per person. This results in a parkland in-lieu fee of$4,429 for a single family detached housing unit(3.29 persons per housing unit X $1,347 capital cost per person = $4,429). This calculation is repeated for the remaining housing categories. 'Replacement cost per square foot for the recently-constructed Central Park Community Center(May 2005) and the Victoria Gardens Cultural Center(currently under construction)are current construction costs plus 15%for design and construction management.Replacement costs for the other facilities are an estimate based on the average construction cost pet square foot for the new Central Park and Victoria Gardens Facilities,or $381.50(($323+$440)/2=$381.50).Fifteen percent is added to this figure to account for design and construction management,resulting in an estimated replacement cost of$438.72 for the Lions West and Lions East Community Centers,the RC Family Sports Center and the Heritage Park Equestrian Centex. 17 Resolution No. 06-131 Page 22 of 28 City of Rancho Cucamonga,California Park Impact Fee Study—January 16,2006 Figure 10: Parkland In-Lieu Level of Service and Cost Summary (Major Subdivisions) Standards: Persons Per Housing Unit Single Family Detached 3,29 Single Family Attached 2.38 Duplex 2.74 Multiple 3-4 2.72 Multiple 5-9 1.90 Multiple 10+ 2.07 Mobile Home 2.00 Persons Per Room Nursing/Assisted Living Facility 1.00 Leael Of Service Park Acreage per 1,000 People 3.17 Park Land Cost per Acre $425,000 Park Land Cost per Person $1,347 Capital Cost Per Person $1,347 Maximum Supportable Impact Fee per Housing Unit Single Family Detached $4,429 Single Family Attached $3,205 Duplex $3,690 Multiple 34 $3,670 Multiple 5-9 $2,558 Multiple 10+ $2,795 Mobile Home $2,690 Nursing/Assisted Living Facility(per room) $1,347 18 Resolution No. 06-131 Page 23 of 28 City of Rancho Cucamonga,California Pak Impact Fee Study— January 16,2006 PARK IMPROVEMENT IMPACT FEE (MINOR SUBDIVISIONS AND NON-SUBDIVISION PROJECTS) Figure 11 provide a summary of the level-of-service and cost factors used to calculate the Park Improvement Impact Fee for minor subdivisions and non-subdivision projects. This fee includes capital costs for recreational facilities and park amenities. As the Quimby Act does not apply to minor subdivisions of 50 parcels or less, the level of service standard is developed using the 2005 estimated population for the City. Figure 10 shows the capital cost for park improvements of$1,117 per person. Of this, $462 is for recreational facilities and $655 for park amenities. Persons per housing unit (or per room or unit for nursing/assisted living facilities) are multiplied by the capital cost. Using single family housing units as an example,3.29 persons per housing unit is multiplied by the cost per person. This results in a park improvement impact fee of $3,671 for a single family detached housing unit (3.29 persons per housing unit x $1,117 capital cost per person = $3,671). This calculation is repeated for the remaining housing categories. 19 Resolution No. 06-131 Page 24 of 28 City of Rancho Cucamon Clifo ga, ainto Park Impact Fee Study— January 16,2006 Figure 11:Parkland Improvement Impact Fee Level of Service and Cost Summary (Minor Subdivisions and Non-subdivision projects) Persons Per Housing Unit Standards: Single Family Detached 3.29 Single Family Attached 2.38 Duplex Multiple 3-4 2'74 Multiple 5-9 2.72 Multiple 10+ 1.90 Mobile Home 2'07 Persons Per Roam 2.00 Ntusmg/Assisted Living Facility 1.00 Level Of Service Recreational Facilities Cost per Person ]$462Pazk Amenities Cost per Person Capital Cost Per Person , Maximum Supportable Impact Fee per Housing Unit Single Family Detached $3,671 Single Family Attached 57 $2,6 Duplex $3,657 Multiple 3-4 $3 042 Multiple 5-9 $2,120 Multiple 10+ $2,317 Mobile Home Nursing/Assisted Living Facility(per room) $2,230117$11,,117117 Developers may be eligible for site-specific credits or reimbursements only if they provide system improvements that have been included in the fee calculation schedule. Project improvements normally required as part of the development approval process are not eligible for credits against impact fees. 20 Resolution No. 06-131 Page 25 of 28 City of Rancho Cucamonga,California Park Impact Fee Study— January 16,2006 Append'oc 1: Implementation and Administration This section of the report contains recommendations for adoption and administration of a impact fee program based on this study,and for the interpretation and application of impact fees recommended herein. Statutory requirements for the adoption and administration of fees imposed as a condition of development approval are found in the Mitigation Fee Act (Government Code Sections 66000 et req.). ADOPTION The form in which development impact fees are adopted, whether by ordinance or resolution, should be determined by the City Attorney. Typically,it is desirable that specific fee schedules be set by resolution to facilitate periodic adjustments. Procedures for adoption of fees subject to the Mitigation Fee Act,including notice and public hearing requirements, are specified in Government Code Section 66016. Such fees do not become effective until 60 days after final action by the Governing body. Actions establishing or increasing fees subject to the Mitigation Fee Act require certain findings, as set forth in Government Code Section 66001 and discussed in Section 1 of this report summarized below. ADMINISTRATION Several requirements of the California Mitigation Fee Act (Government Code Sections 66000 el seq.) address the administration of impact fee programs, including collection and accounting procedures, refunds, updates and reporting. References to code sections in the following paragraphs pertain to the California Government Code. Imposition of Fees. Pursuant to the Mitigation Fee Act,when the City imposes an impact fee upon a specific development project,it must make findings to 1. Identify the purpose of the fee; 2. Identify the use of the fee;and 3. Determine that there is a reasonable relationship between: a. The use of the fee and the development type on which it is imposed; b. The need for the facility and the type of development on which the fee is imposed;and C. The amount of the fee and the facility cost attributable to the development project. Most of those findings would normally be based on an impact fee study, and this study is intended to provide a basis for all of the required findings. According to the statute, the use of the fee (2., above) may be specified in a capital improvement plan, the General Plan, or other public document. This study is intended to serve as a public document identifying the use of the fees. 21 Resolution No. 06-131 Page 26 of 28 City of Rancho Cucamonga,California Park lmpact Fee Study— January 16,2006 In addition, Section 66006,as amended by SB 1693,provides that a local agency,at the time it imposes a fee for public improvements on a specific development project,..... shall identify the public improvement that the fee will be used to finance." For each type of fee calculated in this report, the improvements to be funded by the impact fees are identified. Consequently, this report provides a basis for the notification required by the statute. The City Attorney should be consulted as to the specific method of notification to be provided. Collection of Fees. Section 66007, provides that a local agency shall not require payment of fees by developers of residential projects prior to the date of final inspection, or issuance of a certificate of occupancy, whichever occurs fust. However, "utility service fees" (not defined) may be collected upon application for utility service. In a residential development Project of more than one dwelling unit, the agency may choose to collect fees either for individual units or for phases upon final inspection, or for the entire project upon final inspection of the first dwelling unit completed. An important exception allows fees to be collected at an earlier time if they will be used to reimburse the agency for expenditures previously made,.or for improvements or facilities for which money has been appropriated. The agency must also have adopted a construction schedule or plan for the improvement. These restrictions on the time of collection do not apply to non-residential development. Notwithstanding the foregoing restrictions, many cities routinely collect impact fees for all facilities at the time budding permits are issued,and builders often find it convenient to pay the fees at that time. In cases where the fees are not collected upon issuance of building permits, Section 66007 provides that the city may require the property owner to execute a contract to pay the fee, and to record that contract as a lien against the property until the fees are paid. Credit for Improvements provided by Developers. If the City requires a developer, as a condition of project approval,to construct facilities or improvements for which impact fees have been,or will be,charged,the impact fee imposed on that development project, for that type of facility, should be adjusted to reflect a credit for the cost of those facilities or improvements. If the reimbursement would exceed the amount of the fee to be paid by the development for that type of facility, the City may wish to negotiate a reimbursement agreement with the developer. Credit for Existing Development. If a project involves replacement, redevelopment or intensification of previously existing development, impact fees should be applied only to the portion of the project which represents an increase in demand for City facilities,as measured by the demand variables used in this study. Since residential service demand i; normally estimated on the basis of demand per dwelling unit, an addition to a single family dwelling unit typically would not be subject to an impact fee if it does not increase the number of dwelling units in the structure. If a dwelling unit is added to an existing structure, no impact fee would be charged for the previously existing units. A similar approach can be used for other types of development. Earmarldng of Fee Revenue. Section 66006 specifies that fees shall be deposited with other fees for the improvement in a separate capital facilities account or fund in a manner to 22 Resolution No. 06-131 Page 27 of 28 City of Rancho Cucamonga,California Park Impact Fee Study— January 16,2006 avoid any commingling of the fees with other revenues and funds of the local agency,except for temporary investments. Fees must be expended solely for the purpose for which the fee was collected. Interest earned on the fee revenues must also be placed in the capital account and used for the same purpose. The language of the law is not clear as to whether depositing fees "with other fees for the improvement" refers to a specific capital improvement or a class of improvements (e.g., street improvements). We are not aware of any city that has interpreted that language to mean that funds must be segregated by individual projects. As a practical matter, that would make it exceedingly difficult to accumulate enough funds to construct any improvements ftmded by impact fees. Common practice is to maintain separate funds or accounts for impact fee revenues by facility category (i.e., streets, traffic signals, or park improvements), but not for individual projects. We recommend that approach. Reporting. As amended by SB 1693 in 1996, Section 66006 requires that once each year, within 180 days of the close of the fiscal year, the local agency must make available to the public the following information for each separate account established to receive impact fee revenues: 1. The amount of the fee; 2. The beginning and ending balance of the account or fund; 3. The amount of the fees collected and interest earned; 4. Identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement,including the percentage of the cost of the public improvement that was funded with fees; 5. Identification of the approximate date by which the construction of a public improvement will commence,if the City determines sufficient funds have been collected to complete financing of an incomplete public improvement; 6. A description of each inter-fund transfer or loan made from the account or fund, including interest rates,repayment dates,and a description of the improvement on which the transfer or loan will be expended; 7. The amount of any refunds or allocations made pursuant to Section 66001, paragraphs (e)and(f). That information must be reviewed by the City Council at its next regularly scheduled public meeting,but not less than 15 days after the statements are made public. Findings and Refunds. Prior to the adoption of Government Code amendments contained in SB 1693, a local agency collecting impact fees was required to expend or commit the fee revenue within five years or make findings to justify a continued need for the money. Otherwise, those funds had to be refunded. SB 1693 changed that requirement in material ways. Now, Section 66001 requires that, for the fifth fiscal year following the fust deposit of any impact fee revenue into an account or fund as required by Section 66006, and every five 23 Resolution No. 06-131 Page 28 of 28 City of Rancho Cucamonga,California Park Impact Fee Study—January 16,2006 Yeats thereafter, the local agency shall make all of the following findings for any fee revenue that remains unexpended,whether committed or uncommitted: 1. Identify the purpose to which the fee will be put, 2. Demonstrate the reasonable relationship between the fee and the purpose for which it is charged; 3. Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements for which impact fees are to be used; 4. Designate the approximate dates on which the funding necessary to complete financing of those improvements will be deposited into the appropriate account or fund. Those findings are to be made in conjunction with the annual reports discussed above. If such findings are not made as required by Section 66001,the local agency must refund the moneys in the account or fund. Once the agency determines that sufficient funds have been collected to complete an incomplete improvement for which impact fee revenue is to be used,it must, within 180 days of that determination, identify an approximate date by which construction of the public improvement will be commenced. If the agency fails to comply with that requirement, it must refund impact fee revenue in the account according to procedures specified in the statute. Costs of Implementation. The ongoing cost of implementing the impact fee program is not included in the fees themselves. Implementation costs would include the staff time involved in applying the fees to specific projects, accounting for fee revenues and expenditures,preparing required annual reports, updating the fees, and preparing forms and public information handouts. We recommend that those costs be included in user fees charged to applicants for processing development applications. Annual Update of the Capital Improvement Plan. Section 66002 provides that if a local agency adopts a capital improvement plan to identify the use of impact fees, that plan most be adopted and annually updated by a resolution of the governing body at a noticed public hearing. The alternative is to identify improvements in other public documents. Since impact fee calculations in this study include costs for future facilities to be funded by impact fees, we believe it is to the City's advantage to use this report as the public document in which the use of impact fees is identified. In that event, we believe the City would not be required to update its CIP annually to satisfy Section 66002. Indexing of Impact Fee Rates. The fees recommended in this report are stated in current dollars. Fees should be adjusted.annually to account for construction cost escalation. The Engineering Nemr Record Building Cost Index is recommended as the basis for indexing the cost of yet to be constructed projects. It is desirable that the ordinance or resolution establishing the fees include provisions for annual escalation. Updates of This Study. Generally, impact fees should be reviewed and updated about every five years, unless significant changes in land use or facility plans make it necessary to update the fees more often. 24