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HomeMy WebLinkAboutCC Ord 1724 2025-12-08ORDINANCE 1724 AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING CHAPTER 4.60 (PARKS AND RECREATION FACILITIES IMPACT FEE) TO THE SEAL BEACH MUNICIPAL CODE TO AUTHORIZE COLLECTION OF DEVELOPMENT IMPACT FEES FOR PARKS AND RECREATION FACILITIES AND REPEALING SECTION 10.50.010 (PARK DEDICATIONS AND FEES) OF THE SEAL BEACH MUNICIPAL CODE WHEREAS, Section 200 of the City of Seal Beach ("City") Charter vests the City Council with the authority to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in the Charter and in the Constitution of the State of California, and the power to exercise any and all rights, powers and privileges heretofore or hereafter established, granted or prescribed by any law of the State, by the Charter, or by other lawful authority, or which a municipal corporation might or could exercise under the Constitution of the State of California; and, WHEREAS, cities may apply fees for proposed developments to cover the cost of public facilities by way of its police power as codified in the California Constitution Article XI Section 7; and, WHEREAS, California Government Code Section 66000 et seq. ("Mitigation Fee Act") authorizes the City to collect fees in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities reasonably intended to mitigate impacts caused by the development project; and, WHEREAS, development impact fees must be supported by a nexus study which calculates the purpose of the fee, the use to which it will be put, the relationship and rough proportionality between the fee and the development, and establish the need for the fee pursuant to the Mitigation Fee Act and constitutional principles; and, WHEREAS, the Community Development Department commissioned a development impact fee nexus study with Economic & Planning Systems, Inc.; and, WHEREAS, the City's 6t" Cycle Housing Element projects an increase in the population and residential dwelling units in Seal Beach; and, WHEREAS, the future residential growth will create additional demand on the City's infrastructure for park and recreation facilities; and, WHEREAS, this Ordinance would add Chapter 4.60 (Parks and Recreation Facilities Impact Fee) in order to authorize the City to collect development impact fees for parks and recreation facilities to cover the cost of parks and recreation facilities needed to serve the needs created by new residential development; and, WHEREAS, Section 10.50.010 (Park Land Dedications and Fees) of the Seal Beach Municipal Code, which is the City's existing parks fee based on the Quimby Act, is no longer necessary or applicable with the adoption of the Parks and Recreation Facilities Development Impact Fee (Chapter 4.60 Parks and Recreation Facilities Impact Fee); and, WHEREAS, it is the desire of the City Council to repeal Section 10.50.010 (Park Land Dedications and Fees), to remove it from the Seal Beach Municipal Code; 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; and, WHEREAS, the City Council finds that the record of these proceedings, including the 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; and, WHEREAS, the City Council has reviewed and considered the parks and recreation facilities 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 CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1: Chapter 4.60 (Parks and Recreation Facilities Impact Fee) is hereby added to the Seal Beach Municipal Code as set forth in Exhibit "A" which is attached hereto and incorporated by reference as though set forth in full. Section 2: Section 10.50.010 (Park Land Dedications and Fees) is hereby repealed and removed from the Seal Beach Municipal Code in its entirety and is of no further force or effect, except that any fees due and owing as of the effective date of this Ordinance shall be collected. Section 3: The recitals provided in this Ordinance are true and correct and are incorporated into the substantive portion of this Ordinance. Section 4: The City Council finds the introduction and adoption of this Ordinance is not subject to the California Environmental Quality Act (Public Resources Code, §§ 21000 et seq., "CEQA"), pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) 2 and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 5: Severability_ If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be 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, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional. Section 6: Certification. The City Clerk shall certify the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. Section 7: Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 10th day of November 2025. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach this 8th day of December 2025. �_ Lisa Landau, Mayor ATTEST: Gloria D. Ha Gity Clerk APPROVED AS TO FORM: Nicholas Ghirelli, City Attorney 3 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } 1, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance 1724 was introduced for first reading at a regular meeting held on the 901" day of November 2025, and was passed, approved, and adopted by the City Council at a regular meeting held on the 811' day of December 2025, and do hereby further certify that the Ordinance has been published pursuant to the Sea! Beach Charter and Resolution Number 2836. r D. Attachments: Exhibit "A": SBMC Chapter 4.60 (Parks and Recreation Facilities Impact Fee) 4 Exhibit "A" CHAPTER 4.60 PARKS AND RECREATION FACILITIES IMPACT FEE § 4.60.005. Purpose. To implement the goals and objectives of the capital improvement program for parks and recreation facilities and equipment of the City of Seal Beach, and to mitigate the impacts to the City's park and recreational facilities caused by new development in the City, certain public facilities and equipment must be constructed and/or acquired. The public facilities and equipment are specifically identified in the City's capital improvement program for facilities and equipment as adopted by the City Council and as amended from time to time. The list of recreational facilities and equipment may be added to or deleted from the approved program. The City Council has determined that a development impact fee is needed to finance these public improvements and to pay for new development's fair share of the costs of these improvements. § 4.60.010. Definitions. For the purposes of this chapter, the following words and phrases shall mean: "Multifamily housing or dwellings" is a building used and/or designed as residences containing two or more residential dwelling units including mixed-use developments that combine residential dwellings with nonresidential uses in the same building or development site. "Public Facilities" means those park and recreation facilities, land, buildings, improvements, or infrastructure and similar facilities utilized for park and recreational purposes including vehicles and equipment. "Residential development" includes all residential dwelling units constructed for the first time or when existing structures are remodeled and added to or otherwise altered to increase the number of dwelling units. A mixed-use development containing dwelling units is considered a residential development. "Residential dwelling unit" is a room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household. "Single -Family Dwelling unit" is a building or portion of a building used and/or designed as residence for one family. § 4.60.015. Establishment and administration of park and recreation facilities impact fees. A. A parks and recreation facilities impact fee is established on issuance of all building permits, for residential development within the City to pay for the City's buildings, furnishings, vehicles, equipment and similar facilities utilized for park and recreational purposes as shown in the adopted capital improvement program for facilities and equipment. a W B. The City Council shall, in a council resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the development impact fee is imposed, list the specific public improvements to be financed, describe the estimate cost of these facilities, describe the reasonable relationship between this fee and the various types of new residential developments and set forth time for payment. The City Council shall review this fee as required by law to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described facilities are still needed. C. The finance director shall establish a park and recreation facilities impact fee fund. All fees collected pursuant to this chapter shall be deposited in this fund and shall be expended towards expanding the City's parks and recreation facility capacity to mitigate the impacts of new residential development in the City. D. A fee is imposed in the amounts set forth in this chapter and shall be applicable to every dwelling unit as defined in section 4.60. 010 constructed in the City after the effective date of the ordinance codified in this chapter and shall be known as the park and recreation facilities impact fee. § 4.60.020. 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 in accordance with applicable law. 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. § 4.60.025. Fees. The fees imposed by this chapter shall be set by resolution of the City Council. § 4.60.030. 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. § 4.60.035. 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 expand the City's parks and recreation facilities to mitigate the impacts of new residential development in the City as set forth in the Seal Beach Parks Impact Fee Update Nexus Study. Those public facilities and other assets are identified in the capital improvement plan adopted as part of such study.