HomeMy WebLinkAboutResolution 2003-209 N.C.S. 10/27/2003..
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Resolution No.2003-209 N.C.S.
of the City of Petaluma, California
REVISING THE COMMUNITY FACILITIES DEVELOPMENT FEE AUTHORIZED
BY MUNICIPAL CODE CHAPTER 17.14 TO CREATE A SEPARATE
PUBLIC FACILITIES IMPACT FEE
TO PROVIDE FOR EXPANSION OF CITY HALL,
CITY VEHICLES, AND NECESSARY OFFICE EQUIPMENT
TO PROVIDE GENERAL GOVERNMENT SERVICES
TO FUTURE DEVELOPMENT
RECITALS
WHEREAS, the Petaluma General Plan 1987-2005 (hereafter "General Plan") outlines
future land uses within the City; and,
WHEREAS, an Environmental Impact Report (hereafter "EIR") was. prepared for the
General Plan (SCH No. 86052013) and certified by the Council on March 30, 1987 by
Resolution No. 87-73 N.S.C.; and,
WHEREAS, the City is currently preparing an update of the General Plan that will
outline future land uses and development potential through the 2025 build-out horizon; and,
WHEREAS, the General Plan designates a defined land use for all property within the
City and, based on those uses, calculates the expected number of residents, residential units,
employees, and square footage of nonresidential development that will result if all property in
the City is developed as planned by the year 2005. The General Plan update will do the same for
development in the City through 2025. Further, the General Plan incorporates policies and
programs to mitigate the impacts of such new development, including policies that require new
development to pay for its proportional fair share of the costs of acquiring and improving public
facilities necessary to meet the demands of residents, employees, customers, and businesses.
The 2025 General Plan update will continue and build upon those policies; and,
WHEREAS, the EIR analyzed the impacts of development under the General Plan and
proposed .mitigation measures, including the creation of fee programs to require new
development to pay for its proportional fair share of the cost of acquiring and improving public
facilities necessary to meet the demands of new residents, employees, customers, and businesses
for such facilities; and.,
WHEREAS, Chapter 17.14 of the Petaluma Municipal Code authorizes a development
impact fee to pay for community facilities. Current general government facilities in the City
have been paid for in part through a single fee collected pursuant to that chapter of the Municipal
Code. The purpose of this resolution is to create a separate fee for aquatic facilities pursuant to
the same authority; and,
Resolution No. 2003-209 N.C.S.
WHEREAS, the City retained Revenue & Cost Specialists (hereafter "RCS") to
determine, based in part on the land use designations provided by the General Plan and the draft
2025 update, what improvements to City Hall and the City corporations yard and what vehicles
and computer equipment would be necessary to maintain the level of general government
services provided to the community and to fund new development's share of the costs of making
those improvements and acquiring the necessary equipment and vehicles; and,
WHEREAS, RCS has prepared the Development Impact Fee Calculation and Nexus
Report and the Master Facilities Plan, both dated August 2003 (together hereafter the "Reports"),
Exhibits A and B, respectively, on file in the Office of the City Clerk, and hereby incorporated
by reference. The Reports. list the improvements to City Hall and the City corporations yard and
the vehicles and computer equipment necessary to maintain the currently levels of general
government services provided to the community and thereby meet the demands of new residents,
businesses, employees, customers, and others for those services through build out under the
General Plan and the 2025 General Plan update. The Reports together estimate the cost in
current dollars of those improvements and equipment, assign the portion of those costs
attributable to new development, and calculate the fees necessary to raise the revenue necessary
to pay for the portion of the improvement and equipment costs attributable to new development;
and,
WHEREAS, the Reports demonstrate the appropriateness of adopting a fee based on
current estimates of the need for and cost of general government facilities improvements and
equipment needed to accommodate new development, including (1) an inventory of the existing
City Hall, City corporations yard, vehicles, and computer equipment; (2) an estimate of the
increase in the City's service population by the year 2025, the planning horizon of the General
Plan update; and (3) the cost of providing the general government facilities improvements and
equipment identified as necessary to meet the demands of the estimated increase in the City's
service population by 2025; and,
WHEREAS, in accordance Government Code section 66016, at least 14 days prior to the
public hearing at which the Council first considered the adoption of the Fee, notice of the time
and place of the hearing was mailed to eligible interested parties who filed written requests with
the City for mailed notice of meetings on new or increased fees or service charges; and,
WHEREAS, in accordance with Government Code section 66016, the Reports were
available for public review and comment for 10 days prior to the public hearing at which the
Council first considered the adoption of the Fee; and,
WHEREAS, 10 days advance notice of the public hearing at which the Council first
considered the adoption of the Fee was given by publication in accordance with Section 6062a of
the Government Code.
Resolution No. 2003-209 N.C.S. Page 2
FINDINGS
WHEREAS, the City Council finds as follows:
A. The purpose of the Public Facilities Impact Fee set forth in this resolution is to
finance public facilities to reduce the impacts caused by future development in the
City (hereafter the "Facilities"). Such Facilities are described in Chapter 6 of
Exhibit A and pages 58-64 of Exhibit B.
B. The Public Facilities Impact Fee collected pursuant to this resolution shall be used
to finance the general government facilities improvements and vehicle and
computer equipment acquisitions described in Chapter 6 of Exhibit A and pages
58-64 of Exhibit B.
C. After considering Chapter 6 of Exhibit A, the testimony received at the noticed
public hearings related to the Fee, the agenda statements, the General Plan, and all
correspondence received (together, "Record"), the City Council approves and
adopts Exhibits A and B and incorporates such reports herein; it further finds that
future development in the City will generate the need for the general government
facilities improvements and vehicle and equipment acquisitions described in
Chapter 6 ofExhibit A and pages 58-64 of Exhibit B, and that such improvements
and acquisitions are consistent with the General Plan.
D. Adoption of the Public Facilities Impact Fee set forth in this resolution, as it
relates to development within the City, is intended to obtain funds for capital
projects necessary to maintain service within existing City service areas. The
City currently provides services to the community that use City Hall, the City
corporations yard, city-owned vehicles, and computer equipment, and the Public
Facilities Impact Fee set forth in this resolution will be used to maintain current
service levels. As such, such Fee, as it relates to development within the City, is
not a "project" within the meaning of CEQA (Pub. Res: Code §21080(b)(8)(D)).
E. In adopting the Public Facilities Impact Fee set forth in this resolution, the City
Council is exercising its powers under Article XI, Section 7 of the California
Constitution, and Section 54 of the City of Petaluma Charter.
Resolurion No. 2003-209 N.C.S. Page 3
F. The Record establishes:
1. That there is a reasonable relationship between the use of the Public
Facilities Impact Fee set forth in this resolution (payment for certain listed
improvements and equipment and vehicle acquisitions) and the type of
development projects on which such Fee is imposed in that all
development in the City-both residential and nonresidential-generates
or contributes to the .need for the Facilities listed in Chapter 6 of Exhibit A
and pages 58-64 of Exhibit B; and
2. That there is a reasonable relationship between the need for the Facilities
listed in Chapter 6 of Exhibit A and pages 58-64 of Exhibit B and the type
of development projects on which the Public Facilities Impact Fee set
forth in this resolution is imposed in that new development in the City
both residential and nonresidential-will generate persons who live, work,
and/or shop in Petaluma and who generate or contribute to the need for the
Facilities listed in Chapter 6 of Exhibit A and pages 58-64 of Exhibit B;
and
3. That there is a reasonable relationship between the amount of the Public
Facilities Impact Fee set .forth in this resolution and the cost of the
Facilities listed in Chapter 6 of Exhibit A and pages 58-64 of Exhibit B, or
that portion of such Facilities attributable to the development on which
such Fee is imposed, in that such Fee is calculated based on the number of
residents or employees generated by specific types of land uses, the total
cost of construction or acquisition of such facilities, and the percentage by
which development within the City contributes to the need for such
facilities; and
4. That the cost estimates set forth in Chapter 6 of Exhibit A and pages 58-64
of Exhibit B are reasonable estimates for the cost of the Facilities listed
therein, and the Fees expected to be generated. by future development will
not exceed the projected cost of such improvements and equipment; and
5. That the method of allocation of the Fee set forth in this resolution to a
particular development bears a fair relationship and is roughly
proportional to each development's burden on and benefits from the
improvements and equipment. to be funded by such Fee, in that such Fee is
calculated based on the number of residents or employees each particular
development will generate.
G. Chapter 6 of Exhibit A and pages 58-64 of Exhibit B are detailed analyses of how
public services will be affected by development in the City and the public
facilities required to accommodate that development; and
H. The Fee imposed by this resolution is consistent with the General Plan and,
Resolution No. 2003-209 N.C.S. Page 4
pursuant to Government Code Section 65913:2, the Council considered the effects
of the Fee with respect to the City's housing needs as established in the housing
element of the General Plan.
I. The Fee amounts set forth in Exhibit C include the reasonable costs of
administering the Fee program, as determined by a detailed internal audit, which
found that the City's administrative overhead and costs were equal to ten percent
(10%) of the amount of the Fee.
ADOPTION OF FEE
NOW, THEREFORE, the City Council of the City of Petaluma does resolve as follows:
1. Definitions.
a. "Business uses" shall mean commercial, industrial, and office
development, as defined in this resolution.
b. "Commercial" shall mean any development constructed or to be
constructed on land having a General Plan land use or zoning designation
for facilities for the purchase and sale of commodities and services and the
sales, servicing, installation, and repair of such commodities and services
and other space uses incidental to these activities. Commercial land uses
include but are not limited to: apparel and clothing stores; auto dealers and
malls; auto accessories stores; banks and savings and loans; beauty salons;
book stores; discount stores and centers; dry cleaners; drug stores; eating
and drinking establishments; furniture stores and outlets; general
merchandise stores; hardware stores; home furnishings and improvement
centers; laundromats; liquor stores; restaurants; service stations; shopping
centers; supernlarkets; and theaters.
c. "Commercial Lodging" includes hotels and motels, rooming and boarding
houses, and bed and breakfast inns, as defined in the Zoning Ordinance.
d. "Developed" and "development" shall mean the construction or alteration
of or addition to, other than by the City, any building or structure within
the City of Petaluma.
e. "Facilities" shall include those municipal public facilities as are described
in the Reports related to providing general government facilities, vehicles,
and equipment. "Facilities" shall also include comparable .alternative
facilities should later changes in projections of development in the region
necessitate construction of such alternative facilities; provided that the
City Council later determines (1) that there is a reasonable, relationship
between development within the City of Petaluma and the need for the
Resolution No. 2003-209 N.C.S. Page 5
alternative facilities; (2) that the alternative facilities are comparable to the
facilities in the Reports; and (3) that the revenue from the Fee will be used
only to pay new development's fair and proportionate share of the
alternative facilities.
f "Industrial" shall mean any development constructed or to be constructed
on land having a General Plan land use or zoning designation for the
manufacture, production, assembly, and processing of consumer goods,
uses incidental to those activities, and research. and development and
warehousing. Industrial land uses include but are not limited to: assembly;
contractor's storage yards; fabrication; lumber yard; manufacturing;
outdoor stockyards and service yards; printing; processing; warehouse and
distribution; and wholesale and heavy commercial uses.
g. "Mixed Development" shall mean a development that includes more than
one of the types of development defined in this Section. 1. Mixed
developments may combine residential types of development (Single
Family and Multiple Family), non-residential types of development
(Commercial, Industrial, and Office), or a combination of residential and
non-residential types of development.
h. "Multi-Family" shall mean any dwelling unit as defined in the Uniform
Building Code, as adopted by the City, which is constructed on property
zoned R-M-G or R-M-H.
"Office" shall mean any development constructed or to be constructed on
land having a General Plan land use or zoning designation for general
business offices, medical and professional offices, administrative or
headquarters offices for large wholesaling or manufacturing operations,
and other space uses incidental to these activities. Office land. uses include
but are not limited to: administrative headquarters; business park; finance
offices; insurance offices; legal offices; medical and health services
offices; offices and office buildings; professional and administrative
offices; professional associations; real estate offices; and travel agencies.
"Residential Uses" shall mean single-family and multi-family
development, as defined in this resolution.
k. "Single-Family" shall mean a dwelling unit as defined in the Uniform
Building Code (iJBC), as adopted by the City of Petaluma, which is
constructed or to be constructed on property zoned R-1 or R-C.
2. Public Facilities Impact Fee Tmposed.
Pursuant to Government Code Section 66000 et seq, ("Mitigation Fee Act") a
Public Facilities Impact Fee ("Fee") shall be imposed and paid at the times and in
Resolution No. 2003-209 N.C.S. Page 6
the amounts anal otherwise apply and be administered as prescribed in this
resolution on each Single-Family and Multi-Family Development (including each
portion of such residential development within Mixed Use Development) and on
each nonresidential. Development (including Commercial, Industrial, and Office
Development, as well as each portion of such nonresidential Development within
Mixed Use Development).
3. Time for Imposing Fee.
In accordance with Government Code Section 65961, the Fee for Single-Family
and Multiple-Family subdivision development for which tentative or parcel maps
are required pursuant to the Subdivision Map Act (Government Code Sections
66410 et seq.) shall be imposed at the time of approval of the conditions that
apply to the tentative or parcel map for such residential subdivision development,
as applicable. Payment of the Fee shall be deemed to be a condition of all such
tentative or parcel maps. Notwithstanding this Section 3, the time for payment of
the Fee for all development, including Single Family and Multiple Family
subdivisions, shall be as specified in Section 4, below.
4. Time for Fee Pa~tnent.
a. In accordance with Government Code Section 66007, a Fee shall be
charged and paid for each Single-Family and Multiple-Family residential
Development upon the date of final inspection or issuance of the
certificate of occupancy for such residential development, which ever is
earlier; however, if the Fee is to reimburse the City for expenditures
previously made, or if the City determines that the Fee will be collected
for Facilities for which an account has been established and funds
appropriated and for which the City has adopted a proposed construction
schedule prior to issuance of the building permit for such residential
Development, then the Fee shall be charged and paid upon issuance of the
building permit for such residential development.
b. A Fee shall be charged and paid for each non-residential development,
including Commercial, Industrial, and Office developments, upon issuance
of the building permit for such non-residential development.
c. A Fee shall be charged and paid for each Mixed development upon the
times specified in this Section 4 that apply to such Mixed development.
For example, if a mixed development includes residential development
and non-residential development, and the Fee is to reimburse the City for
expenditures previously made, or the City has made the required
determination to permit requiring payment of the Fee upon issuance of the
building permit, the Fee as applicable to the entire mixed development
shall be paid upon issuance of the building permit for the mixed
development. If a mixed development includes residential and non-
Resolution No. 2003-209 N.C.S. Page 7
residential development, and the Fee is not to reimburse the City for
expenditures previously made or the City has not made the required
determination to permit requiring payment of the Fee upon issuance of the
building permit, the Fee as to the residential portion of the mixed
development shall be paid upon the earlier of the date of final inspection
or issuance of the certificate of occupancy for such residential portion, and
the Fee as to the non-residential portion of the mixed development shall be
paid upon issuance ofthe building permit for such non-residential portion.
5. Amount of Fee.
a. The amount of the Fee for Residential Use, Business Use, and
Commercial Lodging development shall be as set forth on Exhibit C
attached hereto and incorporated herein.
b. The amount of the Fee for Mixed Development shall be the sum of the
following, as applicable:
1. The applicable amount per unit pursuant to Section 5(a), above, for
each Single-Family and Multi-Family Development within a
Mixed Development.
2. The applicable amount per 1,000 square feet of Development
pursuant to Section 5(a), above, for each Commercial, Office, or
Industrial Development or portion of such Development within a
Mixed Development.
6. Designation of Developments.
Nonresidential developments, other than Mixed developments (but including non-
residential development within Mixed developments) that are not within the
definition of a use defined in this resolution shall be assigned to one of the
defined use categories by the City Manager for purposes of imposition and
charging of the Fee. The City Manager shall assign such categories as consistently
as possible within the definitions of such categories established pursuant to this
resolution or as later amended by the City Council.
7. Exemptions From Fee. The Fee shall not be imposed on:
a. Any alteration or addition to a residential structure, except to the extent
that a residential unit is added to a single family residential unit or another
unit is added to an existing multi-family residential unit;
b. Any replacement or reconstruction of an existing residential structure that
has been destroyed or demolished; provided that, the building permit for
reconstruction is obtained within one year after the building was destroyed
Resolution No. 2003-209 N.C.S. Page 8
or demolished, unless the replacement or reconstruction increase the
square footage of the structure by 50 percent or more.
8. Use of Fee Revenue.
The revenues raised by payment of the Fee shall be placed in a separate, interest
bearing account to permit accounting for such revenues and the interest that they
generate. Such revenues and interest shall be used only for the facilities and the
purposes for which the Fee was collected, which are the following:
a. To pay for acquisition of the Facilities;
b. To pay for design, engineering, construction of and property acquisition
for, and reasonable costs of outside consultant studies related to, the
Facilities;
c. To reimburse the City for the Facilities constructed by the City with funds
from other sources including funds from other public entities, unless such
funds were obtained from grants or gifts intended by the grantor to be used
for the Facilities.
d. To reimburse developers that have designed and constructed any of the
Facilities with prior City approval and have entered into an agreement, as
provided in Section 13, below; and
e. To pay for and/or reimburse costs of program development and ongoing
administration of the Fee program, including, but not limited to, the cost
of studies, legal costs, and other costs of updating the Fee.
9. Standards.
The Standards upon which the need for the Facilities is based are the standards of
the City, including the standards contained in the General Plan and those City
standards reflected in the Reports.
10. Periodic Review.
a. During each fiscal year, the City Manager shall prepare a report for the
City Council, pursuant to Government Code Section 66006, identifying
the balance of Fee revenues in the Fee account.
b. Pursuant to Government Code Section 66002, the City Council shall also
review, as part of any adopted City Capital Improvement Plan each year,
the approximate location, size, time of availability and estimates of cost
for all Facilities to be financed with the Fee. The estimated costs shall be
adjusted in accordance with appropriate indices of inflation. The City
Resolution No. 2003-209 N.C.S. Page 9
Council shall make findings identifying the purpose to which the existing
Fee revenue balances are to be put and demonstrating a reasonable
relationship between the Fee and the purpose for which it is charged.
11. Subsequent Analysis and Revision of the Fee.
The Fee set forth herein is adopted and implemented by the City Council in
reliance on the Record identified above. The City may continue to conduct
further study and analysis to determine whether the Fee should be revised. When
additional information is available, the City Council may review the Fee to
determine that the Fee amounts are reasonably related to the impact of
Development within the City. In addition to the inflation adjustments pursuant to
Section 12, below, the City Council may revise the Fee to incorporate the findings
and conclusions of further studies and any standards in the General Plan, as from
time to time amended by the City.
12. Fee Adjustments.
The Fee established will escalate or decrease annually the same percentage the
latest "Engineering News Record" Construction Costs Index for the San Francisco
Bay Area annually escalates or decreases. The Finance Director shall compute the
increase in such Fees. The first adjustment will take place on the July 1st
following the adoption of this resolution and each subsequent July 1st.
13. Credits and Reimbursement for Developer Constructed Facilities.
The City and a developer may enter into an improvement agreement to allow the.
developer to construct certain of the Facilities. Such an agreement is totally
discretionary on the part of the City. Such agreement shall provide for security for
the developer's commitment to construct the Facilities and shall refer to this
resolution for credit and reimbursement. If the City enters into such an agreement
with a developer prior to construction of one or more of the Facilities, the City
shall provide the developer a credit in accordance with the following:
a. Credit Amount. The credit shall be in the amount of the lowest bid
received for construction of the facility, as approved by the City Engineer.
However, in no event shall a credit pursuant to this provision exceed the
current facility cost. For the purposes of this section, such current facility
cost shall be the. amount listed in the Reports for that particular facility, as
subsequently adjusted pursuant to Sections 11 and 12 of this Resolution
prior to issuance of the building permit for that facility. Once issued,
credit pursuant to this section shall not be adjusted for inflation or any
other factor. Credit provided pursuant to this section is not transferable.
b. Application of Credit. Developers may apply credit given pursuant to this
section against the Fee applicable to a particular project, until the credit is
Resolution No. 2003-209 N.C.S. Page 10
exhausted or an excess credit results. The total credit shall be divided by
the number of units or square footage of building space (or combination
thereof for a Mixed Use Development) to determine the amount of credit
which can be applied against the Fee for each unit of measurement and, if
the credit per unit of measurement is less than the Fee per unit of
measurement, the developer shall pay the difference for each residential
unit or square footage of building space.
c. Reimbursement for Excess Credit. Reimbursement for excess credit shall
only be from remaining unspent Fee revenues. Once all the Facilities have
been constructed or acquired, and to the extent Fee revenues are sufficient
to cover all claims for reimbursement of Fee revenues, including
reimbursement for excess credit, developers with excess credit shall be
entitled to reimbursement, subject to such developers certifying in writing
to the City that the cost of constructing the facility that resulted in an
excess credit was not passed on to homeowners, and indemnifying the
City from land-owner claims for reimbursement under Government Code
Section 66000 et seq., and Section 66001 in particular. If remaining Fee
revenues after all of the Facilities have been constructed or acquired are
insufficient to cover all claims for reimbursement of Fee revenues, such
claims, including claims for reimbursement of excess credit, shall be
reimbursed on a pro rata basis in accordance with applicable law.
14. Existing Deficiencies.
There are no existing deficiencies.
15. Effective Date.
This Resolution shall become effective immediately. In accordance with
Government Code Section 6601.7, the Fee shall be effective. 60 days from the
effective date of this Resolution.
16. Severability.
Each component of the Fee and all portions of this resolution are severable.
Should any individual component of the Fee or any portion of this resolution be
adjudged to be invalid and unenforceable by a body of competent jurisdiction,
then the remaining Fee components and/or resolution portions shall be and
continue in full force and effect, except as to those Fee components and/or
resolution portions that have been adjudged invalid. The City Council of the City
of Petaluma hereby declares that it would have adopted this resolution and each
section, subsection, clause, sentence, phrase and other portion thereof, irrespective
of the fact that one or more section, subsection, clause, sentence, phrase or other
portion maybe held invalid or unconstitutional.
Resolution No. 2003-209 N.C.S. Page. 11
17. Savings Clause.
All resolutions, motions, and parts thereof in conflict with the provisions of this
resolution are repealed. The provisions of this resolution, insofar as they are
substantially the same as existing resolutions and motions relating to the same
subject matter shall be construed as restatements and continuations thereof and
not as new enactments. With respect, however, to violations, rights accrued,
liabilities accrued, or appeals taken, prior to the effective date of this resolution,
under any chapter, ordinance, or part of an ordinance shall be deemed to remain in
full force for the purpose of sustaining any proper suit, action, or other
proceedings, with respect to any such violation, right, liability or appeal.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the ~ity of Petaluma at a (Rggular) (Adjourned) (Speci~l~ meeting
on the ........27 ..........:.. day of .......Octobber................................, 20......, by the
following vote: ••••••••••• ••••••••••••
City Attorney
AYES: Canevaro, Mayor Glass, Harris, Healy, Moynihan, Vice Mayor O'Brien, Torliatt
NOES: None
ABSENT:. ne `
ATTEST: ....... ...................:.. ............................................................ .... .~:~ ... ... ...... .. .. _ ............................
City Clerk ayor
Council File. ... ... .
Res. No.......2~~~-Z~~........N.C.S.
EXHIBIT C
__ a.
PUBLIC FACILITIES'S~9P,~CT FEE
Recommended °
5 ~°
Administrative
Total Charge
Unit of
Feer Measurement
Charge
Residential Uses $ 517 $ 26 $ 543 Unit
Commercial Lodging 61 3 64 Unit
Business Uses 0.247 0.012 0.259 Sq. Foot
Resolution No. 2003-209 N.C.S. Page 13