HomeMy WebLinkAboutResolution 2003-207 N.C.S. 10/27/2003resolution No..2003-207N.C.S.
of the City of Petaluma, California
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PETALUMA
ADOPTING A FIRE SUPPRESSION
FACILITIES IMPACT FEE FOR FUTURE DEVELOPMENT
WITHIN THE CITY OF PETALUMA
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's General Plan anticipates new development. as well as infill
development in the City through the build-out horizon of the General Plan; and,
WHEREAS, objectives of the General Plan include maintaining safety services at an
approved level, preventing loss of life and property. due to fire or crime, and incorporating fire-
prevention measures into development planning (Sec. 11.7); and,
WHEREAS, Policy 19 of Chapter 11 of the General Plan provides that "The City shall
continue to assure afour-minute response time for emergency vehicles unless other fire
suppression measures approved by the fire chief have been instituted"; and,
WHEREAS, a detailed comprehensive study of the impacts of contemplated future
development on existing public facilities related to fire fighting and suppression in the City of
Petaluma, along with an analysis of the need for new fire-related public facilities and
improvements required by future developments, was prepared by Revenue & Cost Specialists,
dated August 2003 entitled "Development Impact Fee Calculation and Nexus Report" and
"Master Facilities Plan," (hereafter the "Reports"), Exhibits A and B, respectively, on file in the
Office of the City Clerk, and hereby incorporated by reference.
WHEREAS, the General Plan, EIlZ, and Reports describe the municipal public facilities
necessary to provide adequate fire fighting and suppression services in the City, including
relocation of an existing station, construction of additional station space, acquisition of land for
and construction. of an additional station, and acquisition of necessary equipment; and,
WHEREAS, the General Plan, the EIR, and the .Reports describe the impacts of
contemplated future development on existing public facilities in the City of Petaluma and contain
an analysis of the need for new municipal public facilities required by future development within
Resolution No. 2003-207 N.C.S.
the City of Petaluma for fire fighting and suppression services, relocation of an existing station,
construction of additional station space, acquisition of land for and construction of an additional
station, and acquisition of necessary equipment; and,
WHEREAS, the Reports set forth the relationship among contemplated future
development, the needed facilities, and the estimated costs of those improvements; and,
WHEREAS, in accordance with the Government Code, at least fourteen (14) days prior
to the public hearing at which this resolution was adopted, 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, the Reports were available for public inspection and review for ten (10)
days prior to the public hearing held on the date hereof; and,
WHEREAS, ten (10) days advance notice of the public hearing at which the resolution
was adopted was given by publication in accordance with section 6062a of the Government
Code.
FINDINGS
WHEREAS, the City Council finds as follows:
A. The .purpose of the Fire Suppression Facilities Fee (hereafter "Fee") is to finance
municipal public facilities to reduce the impacts caused by future developments in
the City of Petaluma. Such facilities, which are specifically described in Chapter
4 of Exhibit A and pages 18 through 26 of Exhibit B, include the following:
relocation of an existing fire station, construction of additional station space at
two existing stations, acquisition of land for and construction of an additional
station, and acquisition of necessary personnel and fire suppression equipment.
The public facilities described in the study are hereafter referred to as the
"Facilities."
B. The Fee collected pursuant to this resolution shall. be used to finance the
Facilities.
C. After considering Chapter 4 of Exhibit A, the testimony received at the noticed
public hearing at which this resolution was adopted, the accompanying staff
reports, the General Plan, the EIR, and all correspondence received (hereafter
"Record"), the Council approves and adopts the Chapter Reports and incorporates
such herein; the Council further finds that the future development in the City of
Petaluma will generate the need for the Facilities, and that the Facilities are
consistent with the City's General Plan.
D. The adoption of the Fee as it relates to development within the City of Petaluma is
to obtain funds for capital projects necessary to maintain service within the
Resolution No. 2003-207 N.C.S. Page 2
existing service areas; the Fee will be used to maintain current service levels; and
no existing deficiencies have been found to exist. As such, the Fee as it relates to
development within the City is not a "project" within the meaning of CEQA
(Public Resources Code § 21080(b)(8)(D)).
E. In adopting the Fee, the Council is exercising its powers under Article XI, § 7 of
the California Constitution, Section 54 of the City of Petaluma Charter, and
Chapter 5 of Division 1 of the Government Code, commencing with .section
66000 (and section 66018, in particular) collectively and separately.
F. The Record establishes:
1. That there is a reasonable relationship between the need for the Facilities
and the impacts of the types of development for which the corresponding
fee is charged in that new development in the City of Petaluma-both
residential and non-residential-will generate persons who live, work,
and/or shop in Petaluma and who generate or contribute to the need for the
Facilities; and,
2. That there is a reasonable relationship between the Fee's use (to pay for
the construction of the Facilities) and the type of development for which
the Fee is charged in that all development in the City of Petaluma-both
residential and non-residentialgenerates or contributes to the need for
the Facilities; and,
3. That there is a reasonable relationship between the amount of the Fee and
the cost of the Facilities or portion thereof attributable to development in
the City of Petaluma in that the Fee is calculated based on the number of
residents or employees generated by specific types of land uses, the total
amount it will cost to construct or acquire the Facilities, and the
percentage by which development within the City of Petaluma contributes
to the need for the Facilities; and,
4. That the cost estimates set forth in the Reports are reasonable cost
estimates for constructing or acquiring the Facilities, and the Fees
expected to be generated by future development will not exceed the
projected costs of constructing or acquiring the Facilities; and,
5. The method of allocation of the Fee to a particular development bears a
fair .and reasonable relationship to each development's burden on, and
benefit from, the Facilities to be funded by the Fee, in that the Fee is
calculated based on the number of residents or employees each particular
development will generate.
Resolution No. 2003-207 N.C.S. Page 3
G. The Reports are detailed analyses of how public services will be affected by
development in the City of Petaluma and the public facilities required to
accommodate that development.
H. The Fee imposed by this resolution is consistent with the General Plan and,
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 BE IT RESOLVED,
1. Definitions.
a. "Assisted Living Units" shall mean a unit in a multiple dwelling structure
that provides independent or semi-independent individual living space
typically within a facility that also provides for communal dining, medical
services and other activities.
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; supermarkets; 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.
Resolution No. 2003-207 N.C.S. Page 4
e. "Facilities" shall include those municipal public facilities as are described
in the Reports related to providing fire suppression services. "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 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.
£ "Industrial Uses" 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. "Mobile Home" shall have the same meaning as manufactured home, as
defined in the Zoning Ordinance.
i. "Multiple 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.
j. "Office Uses" 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.
k. "Retail Uses" shall include Commercial development.
Resolution No. 2003-207 N.C.S. Page 5
1. "Senior Housing" shall mean a residential development available only to
individuals over the age. of .
m. "Single-Family" shall mean a dwelling unit as defined in the Uniform
Building Code (UBC), as adopted by the City of Petaluma, which is .
constructed or to be constructed on property zoned R-1 or R-C.
2. Fire Suppression Facilities Fee Imposed.
Pursuant to Government Code Section 66000 et seq., ("Mitigation Fee Act") a
Fire Suppression Facilities Impact Fee ("Fee") shall be imposed and paid at the
times and in the amounts and otherwise apply and be administered as prescribed
in this resolution on each type of development set forth in Exhibit C, including
each portion of such Residential development within Mixed development and
each portion ofnon-residential development within Mixed development.
3. Time for Imposing Fee for Residential Subdivisions.
In accordance with Government Code Section 65961, the Fee for residential
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 Multi-Family subdivisions, shall be as
specified in Section 4, below.
4. Time for Fee Parent.
a. In accordance with Government Code Section 66007, a Fee shall be
charged and paid for each 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
upon issuance of the building permit for such non-residential
development.
Resolution No. 2003-207 N.C.S. Page 6
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-
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 of the building permit for such non-residential portion.
5. Amount of Fee.
a. The amount of the Fee for residential and non-residential 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. The City
Manager may also designate development as Multiple-Family or Single-Family
Resolurion No. 2003-207 N.C.S. Page 7
based on the actual number of dwelling units per structure within the
development.
7. Exemptions From Fee.
a. The Fee shall not be imposed on any of the following:
1. 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 multiple-family
residential unit.
2. Any replacement or reconstruction of an existing residential
structure that has been destroyed or demolished, if the building
permit for reconstruction is obtained within one year after the
building was destroyed or demolished. This subsection shall not
apply if the replacement or reconstruction increases the square
footage of the structure by 50 percent or more.
3. Any replacement or reconstruction of an existing non-residential
structure that has been destroyed or demolished, if the building
permit for reconstruction is obtained within one year after the
building was destroyed or demolished, there is no change in the
land use designation of the property, and the square footage of the
replacement building does not exceed the square footage of the
building that was destroyed or demolished.
4. Any non-residential building or structure constructed on property
on which a building or structure was demolished for which a
development impact fee to fund fire facilities has been paid to the
City within the prior ten year period. The exemption provided in
this subsection shall be in the amount of the previously paid fee
only, and the applicant shall pay any additional amount based on
the then-current Fee.
5. Any addition to an existing non-residential structure of 500 square
feet or less.
b. The City Council, in its discretion, may waive the applicability of the Fee
to certain development constructed or to be constructed by a public entity
on land having an appropriate General Plan land use designation upon
findings of the City Council that such a waiver is in the interest of the
public health, safety, and/or welfare, for reasons specified in the findings.
Such reasons may include, but are not limited to, that the Fee, as it would
apply to such development by a public entity, will be sufficiently
Resolution No. 2003-207 N.C.S. Page 8
recovered in whole or in part from residential development the residents of
which may constitute the primary users of the public entity development.
8. Use of Fee Revenues.
a. The revenues raised by payment of the Fee shall be placed in the Capital
Project Fund. Separate and special accounts within the Capital Project
Fund shall be used to account for such revenues, along with any interest
earnings on each account. The revenues (and interest) shall be used for
the following purposes:
1. To pay for design, engineering, right-of--way or land acquisition
and construction and/or acquisition of the Facilities and reasonable
costs of outside consultant studies related thereto.
2. To reimburse the City for the Facilities constructed by the City
with funds from other sources including funds from other public
entities, unless the City funds were obtained from grants or gifts
intended by the grantor to be used for the Facilities.
3. To reimburse developers who have designed and constructed
Facilities which are oversized with supplemental size, length, or
capacity; and
4. To pay for and/or reimburse costs of program development and
ongoing administration of the Fee program.
b. Fees in these accounts shall be expended only for the Facilities and only
for the purpose for which the Fee was collected.
9. Standards.
The standards upon which the needs for the Facilities are based are the standards
of the City of Petaluma, including the standards contairied in the General Plan, the
EIR, and the Reports.
10. Existing Deficiencies.
There are rio existing deficiencies..
11. 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 Fees in each account.
Resolution No. 2003-207 N.C.S. Page 9
b. Pursuant to Government Code section 66002, the City Council shall also
review, as part of any adopted Capital Improvement Program 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
Council shall make findings identifying the purpose to which the existing
Fee balances are to be put and demonstrating a reasonable relationship
between the Fee and the purpose for which it is charged.
12. Subsequent Analysis of the Fee.
The Fee established herein is adopted and implemented by the Council in reliance
on the Record identified above. The City will continue to conduct further study
and analysis to determine whether the Fee should be revised. When additional
information is available, the City Council shall review the Fee to determine that
the amounts are reasonably related to the impacts of development within the City
of Petaluma and within areas included in the City's General Plan. The City
Council may revise the Fee to incorporate the findings and conclusions of further
studies and any standards in the SP and General Plan, as well as increases due to
inflation and increased construction costs.
13. Fee AdLustments.
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.
14. Administrative Guidelines.
The Council may, by resolution, adopt administrative guidelines to provide
procedures for calculation, credit, reimbursement, or deferred payment and other
administrative aspects of the Fee. Such guidelines may include procedures for
construction of designated Facilities by developers.
15. Effective Date.
This resolution shall become effective immediately. The Fee provided in Section
2 of this resolution shall be effective 60 days from the effective date of the
resolution.
16. Severability.
Each component of the Fee and all portions of this resolution are severable.
Should any individual component of the Fee or other provision of this resolution
Resolution No. 2003-207 N.C.S. Page 10
be adjudged to be invalid and unenforceable, the remaining component or
provisions shall be and continue to be fully effective, and the Fee shall be fully
effective except as to that component that has been judged.. to be invalid.
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
.,---f m
Council of th~,~fy',ity of Petaluma at ~(R~~~~ar) (Adjourned) (Specia~meeting
on the .......................... day of ........... ~........................................, 20......, by the
followin vote: •••••••°••~ '••••~....
g qty Attorney
AYES: Canevaro, Mayor Glass, Harris, Healy, Vice Mayor O'Brien, Torliatt
NOES: Moynihan
ABSENT:
ATTEST:
"•~„
N e n ~ f
......... ........ ...........r~J............................................... ~ ..........
City , lerk ~ yor
Council File .. ...
7003-2017""""" ""
Res. No ...................................N.C.S.
EXHIBIT C
FIRE SUPPRESSION FACILITIES IIViPACT FEE
Recommended
Fee °
.5~0
Administrative
Charge
Total Charge
Unit of
.Measurement
Single Family Residential $ 332 $ 17 $ 349 Unit
Multiple Family Residential 512 26 538 Unit
Mobile Home 332. 17 349 Unit
Senior Housing 566 28 594 Unit
Assisted Living Units 1,085 54 1,139 Unit
Commercial Lodging 503 25 528 Unit
Retail Uses 0.145 0.007 0.152 Sq. Foot
Office Uses 0.026 0.001 0.027 Sq. Foot
Industrial Uses 0.049 0.002 0.051 Sq. Foot
Resolution No. 2003-207 N.C.S. Page. 12