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HomeMy WebLinkAboutCC Res 7712 2025-11-10RESOLUTION 7712 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A DEVELOPMENT IMPACT FEE NEXUS STUDY FOR THE PARKS AND RECREATION FACILITIES FEE, ADOPTING THE PARKS AND RECREATION FACILITIES FEE CAPITAL IMPROVEMENT PLAN AS PART OF THE NEXUS STUDY, ESTABLISHING THE FEE AMOUNTS FOR THE PARKS AND RECREATION FACILITIES DEVELOPMENT IMPACT FEE, AND MAKING A FINDING OF EXEMPTION UNDER CEQA WHEREAS, 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 public facilities necessary to serve that new development; and, WHEREAS, the City of Seal Beach conducted a comprehensive Nexus Study prepared by Economic Planning Systems, Inc. (EPS), included as Exhibit "A" to this Resolution ("EPS Nexus Study"), to support the adoption of a Citywide Parks and Recreation Facilities Impact Fee Program (DIF Program) and Park and Recreation Facilities Fee Capital Improvement Plan, included as a part of the EPS Nexus Study, to fund Parks and Recreation capital facilities needed to accommodate new development; and, WHEREAS, development impact fees are monetary exactions, other than taxes or special assessments, charged to applicants in connection with approval of a development project, with the purpose to defray all or part of the cost of public facilities related to new development; and, WHEREAS, the City Council desires to establish an impact fee on new development to fund the cost of park and recreational facilities within the City; and, WHEREAS, proposed Ordinance 1724, once effective, will add Chapter 4.60 ("Parks and Recreation Facilities Impact Fee") to the Municipal Code to establish a Parks and Recreation Facilities Impact Fee; and, WHEREAS, the proposed Municipal Code provisions will establish the program and the requirements for imposition of a development impact fee on development projects, as supported by the EPS Nexus Study, and provide that the City Council shall, by resolution, impose the specific amount of the development impact fee that will be levied on new residential development in the City; and, WHEREAS, the EPS Nexus Study identifies the purpose of the fee and the use of the fee, and demonstrates a reasonable relationship between the fee's use, the type of development projects where the fee will be imposed, 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. In addition, the EPS Nexus Study identifies capital projects necessary to meet the goals, programs and objectives within the City s General Plan; and WHEREAS. the EPS Nexus Study provides the documentation. detail, and other information required by the Mitigation Fee Act as the basis for the adoption and imposition of the development Impact fee. Furthermore, the Nexus Study describes the benefit and impact area on which the development impact fee is to be imposed, lists specific public improvements to be financed through the imposition and collection of the development impact fee. describes the estimated cost of providing the improvements and facilities, describes the reasonable relationship between the development impact fee and the various types of new development, and otherwise satisfies the requirements of the law with regard to the imposition and collection of development impact fees; and. WHEREAS, the fee calculations exclude maintenance costs and land acquisition. and are allocated proportionally to net new residential development only. which aligns with state requirements and current city development patterns; and. WHEREAS, the City currently utilizes a Quimby Act fee for new residential subdivisions. which does not adequately address service needs for multifamily and infill development, nor existing service standards; and. WHEREAS, the updated ❑IF Program replaces the Quimby fee with a structure that allocates costs and ensures compliance with the required nexus and reporting standards; and. WHEREAS. AB 602 requires adoption of a Parks and Recreation Facilities Impact Fee Capital Improvement Plan outlining improvements needed to serve new residents: and. WHEREAS, the collection of development impact fees is projected to generate funding for Parks and Recreation facilities at build -out, supporting the City's ability to maintain adopted service standards. WHEREAS, the City has complied with the notice and hearing requirements of state law and the Mitigation Fee Act prior to adopting the Nexus Study, Capital Improvement Plan, and the fee specified in this Resolution, and a notice of public hearing on the development impact fee 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; and, WHEREAS, a duly noticed public hearing was held by the City Council on November 10, 2025 in the Council Chambers at 211 Eighth Street, Seal Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Mitigation Fee Act. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing. WHEREAS, the City Council has reviewed and considered the development 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 development in the City. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows: Section 1. The City Council hereby specifically finds that all of the facts a n d recitals set forth above are true and correct and incorporated as a material part of this Resolution. Section 2. The City Council hereby approves the EPS Nexus Fee Study, and the findings contained therein. The EPS Nexus Study shall constitute the current "Study" for the Parks and Recreation Facilities Impact Fee pursuant to the proposed Chapter 4.60 of the Seal Beach Municipal Code. A copy of the EPS Nexus Study shall be on file with the City Clerk and available during regular City business hours for public inspection. The EPS Nexus Study explains (1) the purpose of the impact fee, (2) the use of the impact fee; (3) the reasonable relationship between the use of the impact fee and the development type on which it is imposed; (4) the reasonable relationship between the need for the facilities and the type of development between the need for the type of development on which the fee is imposed; and (5) the reasonable relationship between the amount of the fee and facility cost attributable to the applicable development project. The City Council agrees with the findings set forth in the EPS Nexus Study and adopts them as their own as if set forth in full here. Section 3. The City Council hereby adopts the Parks and Recreational Facilities Fee Capital Improvement Plan as detailed in Appendix Table A-6 of the EPS Nexus Study, attached hereto as Exhibit "A" and incorporated herein by reference. Section 4. The Council hereby establishes the Parks and Recreation Facilities Development Impact Fee and the rates of the fee for new residential park and recreation development impact fees as set forth in Chapter 4 of the EPS Nexus Study, attached hereto as Exhibit "A" and incorporated herein by reference, for single-family and multifamily units, including exemptions and proportional charges for ADUs, and the minimum/maximum schedule. The Seal Beach Fee Schedule shall be amended to contain the fees and amounts identified therein. Section 5. The City Council adopts the methodology set forth in the EPS Nexus Study for calculating and collecting the development impact fee adopted herein. The amount of the development impact fee shall be adjusted annually in July of each calendar year beginning in 2026, using the California Construction Cost Index (CCI) for the twelve-month period ending in May, or a similar published index if the CCI is no longer available. The City Council hereby authorizes the City Manager, or designee, to make such annual adjustments to certain fees based on an inflationary factors effective July 1 of each year. Section 6. The Parks and Recreation Facilities Impact Fee shall be paid when required by the applicable provisions of the Seal Beach Municipal Code and in accordance with Government Code section 66007. Section 7. The Parks and Recreation Facilities Impact Fee shall be effective on the later of: (i) the sixtieth (60th) day following the adoption of this Resolution and (ii) the effective date of proposed Ordinance 1724, an ordinance adding Chapter 4.60 ("Parks and Recreation Facilities Impact Fee") to the Municipal Code. Section 8. The City shall include an Administration Fee in the not to exceed amount of two percent (2%) of the total project cost for the management of the development impact fee program. Section 9. Nothing in this Resolution shall repeal, amend or supersede any other City imposed fees except for the development impact fee addressed in the EPS Nexus Studies and expressly established by this Resolution. Section 10 If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Resolution shall nonetheless remain in full force and effect. The City Council hereby declares that it would have adopted each section, subsection, sentence, clause, phrase or portion of this Resolution, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions of this Resolution be declared invalid or unenforceable. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 10th day of November 2025 by the following vote: AYES: Council Members Kalmick. Wong, Senecal, Steele. Landau _ NOES Council Members ABSENT: Council Mem ABSTAIN: Council Members �Zga-&dA4.� Lisa L au, or ATTEST. Glorra D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7712 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the loth day of November 2025. Gloria D. Harper, City Clerk Attachments: Exhibit "A": Seal Beach Parks and Recreation Facilities Impact Fee Nexus Study, Inclusive of Capital Improvement Plan