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Ordinance No. 334 ORDINANCE NO. 334 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, AMENDING CHINO HILLS MUNICIPAL CODE SECTION 3.40.120 TO ADOPT A PROVISION TO ANNUALLY AUTOMATICALLY ADJUST THE GENERAL FACILITIES FEE AND PARKS AND RECREATION FEE CONSISTENT WITH THE PRICE INDEX FACTOR PURSUANT TO AND IN ACCORDANCE WITH GOVERNMENT CODE SECTION 66000 ET SEQ, TO MAKE FIVE-YEAR FINDINGS REQUIRED BY GOVERNMENT CODE SECTION 66001 REGARDING UNEXPENDED TRAFFIC, WATER, SEWER, STORM DRAIN, PARKS AND RECREATION, AND GENERAL CITY FACILITIES FEE FUNDS, TO FIND THAT EACH OF SUCH FEES COMPLIES WITH CHAPTER 3.40 AND APPROPRIATELY MITIGATES IMPACTS OF NEW DEVELOPMENT PROJECTS AND TO DETERMINE THIS PROJECT IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 . The City Council does hereby make the following findings of fact: A. On September 8, 1998, the City Council adopted Ordinance No. 109 imposing fees on new development within the City to finance various public facilities necessitated by such development, based in part on a study dated August 1998 by Keyser Marston Associates, Inc., entitled the Public Facilities Implementation Plan ("PFIP"). The PFIP calculated the fees that would need to be paid by new development to fund the costs of City facilities. The PFIP included the Traffic Facilities Fee ("TFF"), the Water Facilities Fee ("WFF"), the Sewer Facilities Fee ("SFF"), the Storm Drain Facilities Fee ("SDFF"), the Parks and Recreation Facilities Fee ("PRFF"), and General City Facilities Fee ("GCFF"), collectively, "Facilities Fees." B. On November 24, 1998, the City Council adopted Ordinance No. 111, amending Ordinance No. 109 to adjust certain of the Facilities Fees set forth in Ordinance No. 109 based upon updated information. C. On April 11, 2000, the City Council adopted Ordinance No. 128, amending Ordinance No. 109 to update the Facilities Fees. D. On September 23, 2014, the City Council adopted Ordinance No. 277, amending Ordinance Nos. 109, 111, and 128 to update the Facilities Fees based on the Traffic, Water, Sewer and Storm Drain Facilities Fee Evaluation prepared by Keyser Marston Associates, Inc. 1 of 7 E. David Taussig & Associates, Inc. ("DTA") has now prepared a new report, in collaboration with City staff, entitled: "Development Impact Fee Program Evaluation" dated August 2018 ("2018 DTA Evaluation"), that evaluates the Facilities Fees programs and the ability of the revenue sources for each program to pay for outstanding facilities needed as the City continues to grow. The 2018 DTA Evaluation outlines anticipated project costs, funding sources, and fund balances at the end of the development period through Fiscal Year 2026/27 and makes recommendations regarding the Facilities Fees programs. The 2018 DTA Evaluation is an amendment and revision to the PFIP, also known as the "1998 Study," as referenced in Chino Hills Municipal Code Section 3.40.010. F. The 2018 DTA Evaluation is based upon analysis and input of City staff and the reports and studies, including: 1. Public Facilities Implementation Plan ("1998 PFIP") prepared by Keyser Marston Associates, Inc.; 2. Annual Public Disclosures; 3. 2014 Keyser Marston Associates, Inc. Study; 4. 2007 Park Master Plan; R . 5. General Plan 2015 Update; 6. 2003 SCADA System Upgrade Study; 7. 2005 Water, Recycled Water, and Wastewater Master Plan; 8. 2008 Storm Drain Master Plan; and 9. 2018-19 Capital Improvement Program Budget All of these studies, plans, and reports were entered into the record during the public hearing on this matter before the City Council. G. Pursuant to Government Code Section 66016, on November 3, 2018, the City provided notice of the time and place of the November 13, 2018 public hearing on the Facilities Fees, including a general explanation of the matter to be considered, and a statement that the data required by Government Code Section 66016 is available, by mailing notice to all interested parties who had on file with the City a written request for mailed notice of meetings on new or increased fees. H. Pursuant to Government Code Section 66016, the City made data available regarding the cost, or estimated cost, of facilities being funded by the Facilities Fees and the other revenue sources anticipated to provide for the facilities, on November 3, 2018, more than ten (10) days before the public hearing held on November 13, 2018. 2 of 7 I. Pursuant to Government Code Sections 66004 and 66018, on November 3, 2018 and on November 10, 2018, the City published notice pursuant to Government Code Section 6062a in the Champion Newspapers, a regularly published newspaper, providing notice of the time and place of the November 13, 2018 public hearing on the Facilities Fees. SECTION 2. On November 13, 2018, the City Council conducted the public hearing, and considered evidence presented at the public hearing. Based upon that evidence, including the 2018 DTA Evaluation, the agenda reports presented to the City Council regarding this issue, the testimony of City staff and the public, the City Council finds, pursuant to Government Code, Section 66001, subsection (a)(1) and (d)(1), Chino Hills Municipal Code Section 3.40.120, and all other applicable law as follows: A. The Facilities Fees as shown in Tables ES-2 of the 2018 DTA Evaluation are to finance traffic, water, sewer, storm drain, parks and recreation, and general city facilities projects originally identified in the PFIP but not yet completed, as determined by the City Public Works Department and Community Services Department, including any adjustments for equivalent projects deemed by the City Public Works Department and Community Services Department to address current circumstances and technological improvements. B. There is a reasonable relationship between the use of the Facilities Fees and the type of development on which such fees are imposed because such fees fund the traffic, water, sewer, storm drain, parks and recreation, and general city facilities projects required or anticipated to be required to properly support development in the City as originally described in the PFIP, and as updated as set forth in the 2018 DTA Evaluation. C. Further, there is a reasonable relationship between the need for the public facility and the type of development project on which the Facilities Fees are imposed because such fees vary by land use type as necessary to tailor the impacts from the type of development with the amount of the fees charged to fund the traffic, water, sewer, parks and recreation, and general city facilities as originally described in the PFIP, and as updated as set forth in the 2018 DTA Evaluation. D. All of the sources and amounts of funding anticipated to complete the financing in incomplete improvements shown in Table ES-2 are identified in Table IV-A of the 2018 DTA Evaluation. The Facilities Fees do not include the costs attributable to existing deficiencies in public facilities because any such existing deficiencies were excluded from the projected total cost of facilities for new development, both in the PFIP and in the 2018 DTA Evaluation. E. The approximate dates on which the funding referred to in Table IV-A of the 2018 DTA Evaluation is expected to be deposited into the appropriate account or fund is set forth in Table A attached to the City Council staff report prepared in support of this Ordinance. 3 of 7 F. The Facilities Fees for public facilities are of proportional benefit to the property being charged because such fees are tailored to the impacts from the type of development with the amount of the fees charged to fund the traffic, water, sewer, storm drain, parks and recreation, and general city facilities as originally described in the PFIP. G. An automatic annual escalation factor provision is to be applied to Parks and Recreation and general City Facilities Fees every July 1st based upon the Engineering News Record's 20-City Construction Cost Index which reflects construction cost increases to ensure that the funds to construct the required public facilities which were calculated in 2018 dollars are not eroded over time by inflation. H. The Facilities Fees comply with Chino Hills Municipal Code Chapter 3.40 the Facilities Fees collected appropriately mitigate impacts of new development projects. I. This Ordinance is exempt from review under the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000, et seq.; "CEQA") and CEQA regulations (Cal. Code Regulations Title 14, §§ 15000, et seq.) pursuant to Public Resources Code, Section 21080 (b)(8) because it modifies and restructures charges necessary to obtain funds for capital projects necessary to maintain service within existing service areas, and pursuant to California Code Regulations Title, Section 15273 because it establishes, modifies, structures, restructures, and approves fees for capital projects needed to maintain existing Facilities Fee programs originally adopted in 1998 by the City Council. SECTION 3. Section 3.40.120 of the Chino Hills Municipal Code is amended as follows: A. After July 1st of every fifth year, in connection with the annual City audit, or as soon thereafter as is possible, the City Council shall review the status of compliance with this chapter of each fee and the degree to which the fees collected pursuant to this chapter are mitigating impacts of new development projects. All aspects of the PFIP and subsequent studies shall be reviewed and updated accordingly. The review of each fee may, but is not required to be, on the same five-year cycle. By Ordinance, and after a noticed public hearing, any of the fees may be increased or decreased annually to reflect changes in actual and estimated revenues and costs (including, but not limited to, debt service, lease payments, inflation, identification of other funding sources, acquisition and construction costs) of facilities financed by the fees as compared to original estimates of revenues and costs for facilities in the PFIP. Any such adjustments in the fees will be prospective only and will become effective as of the date specified in any such Ordinance. B. Fees for land uses that do not fit into categories of use identified in the PFIP and subsequent studies shall be determined by the Community Development Director on a case-by-case basis, based upon the input of appropriate City staff and consultants, and based upon studies indicating the demands of and benefits received by the proposed uses. 4 of 7 C. Notwithstanding the above, the TFF, WFF, SFF, SDFF, PRFF and GCFF are to be reviewed annually and adjusted by the price index factor set forth in the Engineering News Record's 20-City Average Construction Cost Index, for each January 1 of the prior year to January 1 of the current year, to be effective each July 1 , as appropriate, beginning on July 1, 2019. SECTION 4. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. Nothing in this Ordinance shall be interpreted to conflict with the provisions of Health and Safety Code Section 11362.5, et seq. SECTION 5. Repeal of any provision of the Chino Hills Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 6. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the Chino Hills Municipal Code or other City Ordinance by this Ordinance will be rendered void and cause such previous Chino Hills Municipal Code provision or other City Ordinances to remain in full force and effect for all purposes. SECTION 7. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 8: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Chino Hills' book of original Ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. 5 of 7 SECTION 9. This Ordinance will take effect on the 60th day following its final passage and adoption. PASSED, APPROVED, AND ADOPTED this 27th day of November 2018. PETER . ROG RS, MIAIYOR ATTEST: .le )144."m-IF CHERYL EiAL71,--CirirCL-E—RfK APPROVED AS TO FORM: MARK D. ENSLEY, CITY ATTORNEY d' 6 of 7 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF CHINO HILLS ) I, CHERYL BALZ, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that Ordinance No.334 was duly introduced at a regular meeting held November 13, 2018; and adopted at a regular meeting of the City Council held on the 27th day of November, 2018 by the following vote, to wit: AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ, MARQUEZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE CHERYL BAL , CI CLERK-' I hereby certify that the foregoing is the original of Ordinance No. 334 duly passed and adopted by the Chino Hills City Council at their regular meeting held on November 27, 2018 and that summaries of the Ordinance were published on November 17, 2018 and December 1, 2018 in the Chino Hills Champion newspaper. CHERYL BALZ, C--I ' CAE ' 7 of 7 City of Chino Hills CITY OF CHINO HILLS AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) §. CITY OF CHINO HILLS ) CHERYL BALZ, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of Chino Hills; That in compliance with the State laws of the State of California, a certified copy of the full text of a proposed Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, AMENDING CHINO HILLS MUNICIPAL CODE SECTION 3.40.120 TO ADOPT A PROVISION TO ANNUALLY AUTOMATICALLY ADJUST THE GENERAL FACILITIES FEE AND PARKS AND RECREATION FEE CONSISTENT WITH THE PRICE INDEX FACTOR PURSUANT TO AND IN ACCORDANCE WITH GOVERNMENT CODE SECTION 66000 ET SEQ, TO MAKE FIVE-YEAR FINDINGS REQUIRED BY GOVERNMENT CODE SECTION 66001 REGARDING UNEXPENDED TRAFFIC, WATER, SEWER, STORM DRAIN, PARKS AND RECREATION, AND GENERAL CITY FACILITIES FEE FUNDS, TO FIND THAT EACH OF SUCH FEES COMPLIES WITH CHAPTER 3.40 AND APPROPRIATELY MITIGATES IMPACTS OF NEW DEVELOPMENT PROJECTS AND TO DETERMINE THIS PROJECT IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT attached hereto and made a part hereof, was caused to be posted in the Office of the City Clerk. Dated this 28th of November, 2018. iwor417.11.. MG*410-; CHERYL BALZ, CITY CLERK PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Bernardino I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the publisher of the CHINO CHAMPION, a newspaper of general circulation, printed and published weekly in the City of Chino, County of San PUBLIC NOTICE OF ADOPTION OF Bernardino, and which newspaper has been adjudged a CITY OF CHINO HILLS ORDINANCE NO.334 newspaper of general circulation by the Superior Court of the • NOTICE IS HEREBY GIVEN that County of San Bernardino, State of California, under the date onNovember27,2018,theCityCouncil of the City of Chino Hills adopted of August 5, 1952, Case Number 73453; that the notice, of Ordinance No.334 entitled: which the annexed is a printed copy (set in type not smaller AN ORDINANCE OF THE CITY than nonpareil), has beenpublished in each regular and COUNCIL, OF THE CITY OF CHINO g HILLS, CALIFORNIA, AMENDING Centire issue of said newspaper and not in anysupplement SECTINOON HILLS. MUNICIPAL CODE pp SECTION 3.40.120 TO ADOPT A thereof on the following dates, to-wit: AUTOMOATICAOLLY TON ANNUALLY THE GENERAL FACILITIES FEE AND PARKS AND RECREATION FEE December 1, all in the year 2018 CONSISTENT WITH THE PRICE INDEX FACTOR PURSUANT TO AND IN ACCORDANCE WITH I certify (or declare) under penalty of perjury that the GOVERNMENT CODE SECTION 66000 ET , MAKE foregoing is true and correct. YEAR FINDINGS TVE- REQU RED O I BY GOVERNMENT CODE SECTION 6600Dated at Chino, California, this 1st dayof R T UNEXPENDED TRAFFIC, W WATER, SEWER, STORM DRAIN, PARKS AND December 201 RECREATION, AND GENERAL CITY FACILITIES FEE FUNDS, TO FIND THAT EACH OF SUCH FEES COMPLIES WITH CHAPTER 3.40 � ��7 R AND APPROPRIATELY MITIGATES IMPACTS OF NEW DEVELOPMENT PROJECTS AND TO DETERMINE THIS PROJECT IS EXEMPT FROM ( REVIEW UNDER THE CALIFORNIA Suzanne Rojas (\ ignature) DEC Q i 20k ENVIRONMENTAL QUALITY ACT. The Ordinance amends Section 3.40.120 of the Chino Hills ACCOUNTS ry Municipal Code to adopt a provision ACCOUNTS PAY ABLE to annually automatically adjust the General Facilities Fee and Parks and Recreation Fee consistent with the C h a rm p i o n price index factor pursuant to and in accordance with government code section 66000 et seq. Ordinance No. 334 was adopted by the City Council by the following Serving the Chino Valley and Chino Hills vote: Ayes: Rogers,Moran,Bennett, Johsz,Marquez 9th & D Streets • P.O. Box 607 Absent: NNone Abstain:None Chino, California 91708 A certified copy of the full text of Ordinance No. 334 is available for Phone: (909) 628-5501 review in the office of the City Clerk, City of Chino Hills, 14000 City Center Drive,Chino Hills. DATED: November 28,2018 Adjudicated August 5, 1952 PUBLISH: Chino Hills Champion December 1,2018 800-18 Case No. 73453