HomeMy WebLinkAboutResolution 2003-206 N.C.S. 10/27/2003~Zesolution No. 2003-206N,~.S,
of the City of Petaluma, California
AMENDING THE TRAFFIC IMPACT FEE
ADOPTED BY CHAPTER 11.80 OF
THE PETALUMA MUNICIPAL CODE
TO PROVIDE FOR ROADWAY IMPROVEMENTS
FOR 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.C.S.. 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, including roadway improvements, necessary to meet the demands of residents,
employees, customers, and businesses. The 2025 General Plan update will continue and build
upon those policies; and,
WI~EREAS, the EIIZ analyzed the impacts of development under the General Plan and
proposed mitigation measures, including the creation of fee programs to require new
development to p.ay for its proportional fair share of the cost of acquiring and improving public
facilities, including roadway improvements, necessary to meet the demands of new residents,
employees, customers, and businesses for such facilities; and,
WHEREAS, Chapter 11.80 of the Petaluma Municipal Code requires the payment of a
Traffic Impact Fee (hereafter "TIF") to pay for new circulation improvements required to meet
the demands of new development on the City's roadway system; and,
Resolution IVo. 2003-206 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 roadway improvements would be necessary to maintain the community's
level of service, as set forth in the General Plan, and to prepare proposed updates to the TIF to
fund new development's share of those improvements; 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 roadway improvements necessary to maintain the community's
circulation level of service and thereby meet the transportation demands of new residents,
businesses, employees, customers, and other users of local streets 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, 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 costs attributable to new development; and,
WHEREAS, the Reports demonstrate the appropriateness of updating the TIF based on
current estimates of the need for and cost of roadway improvements needed to accommodate
new development, including (1) an inventory of existing roadways and land available for such
facilities; (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 roadway
improvements 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. 2003-206 N.C.S. Page 2
FINDINGS
WHEREAS, the City Council finds as follows:
A. The purpose of the Traffic Impact Fee set forth in this resolution is to finance
public facilities to reduce the impacts caused by future development in the City.
Such facilities are described in Exhibits A and B.
B. The traffic impact fee collected pursuant to this resolution shall be used to finance
the roadway improvements described in Chapter 5 of Exhibit A and pages 27
through 57 of Exhibit B. The public facilities described in the study are hereafter
referred to as the "Facilities."
C. After considering Chapter 5 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 Chapter 5 Exhibit A and pages 27 through 57 of Exhibit B and
incorporates such reports herein; it further finds that future development in the
City will generate the need for the Facilities, and that such roadway
improvements are consistent with the General Plan.
D. Adoption of the Traffic 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 roadways, and the Traffic 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 Traffic Impact Fee set forth in this resolution, the City Council is
exercising its powers under Article XI, Section 7 of the California Constitution,
Section 54 of the City of Petaluma Charter, and Chapter 11.80 of the Municipal
Code.
F. The Record establishes:
1. That there is a reasonable relationship between the use of the Traffic
Impact Fee set forth in this resolution (payment for certain listed roadway
improvements) 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 Exhibits A and B.
2. That there is a reasonable relationship between the need for the Facilities
listed in Chapter 5 of Exhibit A and pages 27 through 57 of Exhibit B and
Resolution No. 2003-206 N.C.S. Page 3
the type of development projects on which the Traffic 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.
3. That there is a reasonable relationship between the amount of the Traffic
Impact Fee set forth in this resolution and the cost of the Facilities, 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 of such facilities, and the percentage by which
development within the City contributes to the need for such facilities.
4. That the cost estimates for the Facilities set forth in Chapter 5 of Exhibit A
and pages 27 through 57 of Exhibit B are reasonable estimates for the cost
of the roadway improvements listed therein, and the Fees expected to be
generated by future development will not exceed the projected cost of
such improvements.
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
roadway improvements 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 5 of Exhibits A and pages 27 through 57 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.
H. The manner of calculating the Traffic Impact Fees amounts, as described in
Chapter 5 of Exhibit A, is consistent with Section 11.80.060B of the Petaluma
Municipal Code.
I. 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.
J. 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.
Resolution No. 2003-206 N.C.S. Page 4
ADOPTION OF FEE
NOW, THEREFORE, the City Council of the City of Petaluma does resolve as follows:
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.
e. "Facilities" shall include those municipal public facilities as are described
in the Reports related to street, traffic signal, and bridge improvements.
"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.
f. "Industrial Uses" shall mean any development constructed or to be
constructed on land having a General Plan land use or zoning designation
Resolution No. 2003-206 N.C.S. Page 5
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.
"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.
1. "Senior Housing" shall mean a residential development available only to
individuals over the age of 62.
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. Traffic Impact Fee Imposed.
Pursuant to Government Code Section 66000 et seq., ("Mitigation Fee Act") a
Traffic 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
Resolution No. 2003-206 N.C.S. Page 6
on each type of development set forth in Exhibit C, including each portion of such
Residential development within Mixed development and each portion of non-
residential development within Mixed development.
3. Time for Imposing Fee.
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 Multiple Family subdivisions, shall be
as specified in Section 4, below.
4. Time for Fee Payment.
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.
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
Resolution No. 2003-206 N.C.S. Page 7
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 residential development within a Mixed Development.
2. The applicable amount per 1,000 square feet of development
pursuant to Section 5(a), above, for each nonresidential
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
based on the actual number of dwelling units per structure within the
development.
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
or demolished, unless the replacement or reconstruction increase the
square footage of the structure by 50 percent or more.
Resolution No. 2003-206 N.C.S. Page 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.
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
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.
Resolution No. 2003-206 N.C.S. Page 9
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
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
Resolution No. 2003-206 N.C.S. Page 10
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 66017, 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.
17. Savings Clause.
All resolutions, motions, and parts thereof in conflict with the provisions of this
Resolution No. 2003-206 N.C.S. Page 11
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 tt~~~ity of Petaluma at~ (R~~ular) (Adjourned) (Specie meeting for
on the GG .... day of t , 20 , by the
...................... ...................................................... ......
following vote: ••••••••• • ~ ••••••• y ••••••
~i Attorne
AYES: Canevaro, Mayor Glass, Harris, Healy, Vice Mayor O'Brien, Torliatt
NOES: Moynihan
ABSENT: None
ATTEST: ......................... ...................................................... ....... .r~ :....... ' ..... ..... ... .. ......................
City Clerk ayor
Council Fil .. ..
Res. No ...................................N.C.S.
EXHIBIT C
TRAFFIC IIVIP,4CT FEE
Recommended
.Fee °
5 ~°
Ad m i n i strative~
Charge
Total
'Charge Unit
of
Measurement
Single Family Residential $ 5,166 $ 258 $ 5,424 Unit
Multiple Family Residential 3,399 170 3,569 Unit
Mobile Home 2,606 130 2,736 Unit
Senior Housing 1,363 68 1,431 Unit
Assisted Living Units 1,168 58 1,226 Unit
Commercial Lodging ,2,650 132.5 2,782.5 Unit
Retail Uses 9.305 0.465 9.770 Sq. Foot
Office Uses 5.275 0.264 5.539 Sq. Foot
Industrial Uses 5.254 0.263 5.517 Sq. Foot
Resohrtion No. 2003-206 N.C.S. Page 13