HomeMy WebLinkAboutResolution 2008-095 N.C.S. 05/19/2008Resolution. No. 2008-095 N.C.S.
of the City of Petaluma, California
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
UPDATING THE TRAFFIC DEVELOPMENT IMPACT FEE FOR FUTURE
DEVELOPMENT WITHIN THE CITY OF PETALUMA AND SUPERSEllING SUCH
FEE UPDATED BY RESOLUTION NO. 2003-206 N.C.S. ADOPTEll OCTOBER 27, 2003
RECITALS
WHEREAS, the City of Petaluma General Plan 2025 ("General Plan") outlines future
land uses within the City of Petaluma ("City") and applies to a planning area which includes the
City and land outside the City in unincorporated Sonoma County which must also be considered
to properly plan for the City's future; and,
WHEREAS, the General Plan of the City of Petaluma ("City") was adopted by the
Petaluma City Council ("City Council") on May 19, 2008; and,
WHEREAS, the City of Petaluma General Plan Environmental Impact Report ("EIR")
was prepared for the General Plan (State Clearinghouse Number 2004082065) pursuant to the
California Environmental Quality Act ("CEQA") and certified by the City Council on April 7;
2008 by Resolution No. 2008-058 N.C.S.; and,
WHEREAS, the City Council last updated the Traffic Development Impact Fee by
Kesolution No. 2003-206 N.C.S., adopted October 27, 2003: and,
WHEREAS, by Resolution No. 2007-202 N.C.S., adopted December 3, 2007, the City
Council has given notice of its intent to update the Traffic Development lmpact Fee for new
residential and non-residential development; and,
WHEREAS, the General Plan area is shown on the land use maps contained in the
General Plan; and,
Vl-'HEREAS, Goal 1-G-6 of Chapter 1 of the General Plan provides that the City should
``Maintain a residential growth management system to ensure public infrastructure keeps pace
with growth"; and,
WHEREAS, Policy l -P-47 of Goal 1-G-6 of Chapter 1 of the General Plan provides that
the City should ``Ensure that all new development provides necessary public facilities to support
the development,'' and includes program (A) which provides that the City should: ``Collect
proportionate faire share of long-term infrastructure improvement costs as entitlements are
granted'' and program (B): "Initiate design of long term infrastructure improvements in a timely
manner to ensure their completeness coincide with demand"; and,
Resolution No. 2008-095 N.C.S. Page I
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 2025. Further, the General Plan incorporates goals,
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; and,
WHEREAS, the General Plan includes, but is not limited to, the following principles,
goals, policies and/or implementation programs regarding providing and financing the cost of
traffic improvements required to accommodate new development in the City: "ensure
infrastructure is strengthened and maintained" (Guiding Principles, No. 1, p. i-8); ``ensure the
identified mobility system is provided in a timely manner to meet the needs of the community by
updating the City's transportation impact fee program to insure that necessary citywide
improvements are funded" (Policy 5-P-2, Goal 5-G-1: Mobility Framework, p. 5-9 ); "ensure
public improvements are constructed and maintained in a manner that is economically feasible to
the budgetary constraints of the City" (Policy 5-P-3, Goal 5-G-1: Mobility Framework, p. 5-9);
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, including roadway and circulation 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 "Fee") to pay for new circulation improvements required to meet
the demands of new development on the City's roadway system; and,
WHEREAS, the City Council of the City of Petaluma last updated the Traffic Impact
Fee for Future Development by Resolution No. 2003-206 N.C.S., adopted October 27, 2003;
and,
WHEREAS, the City retained Fehr & Peers Transportation Consultants (hereafter "Fehr
& Peers") to determine, based in part on the land use designations provided by the General Plan,
what roadway improvements would be necessary to maintain the community's level of service,
as set forth in the General Plan and also discussed in the EIR, and to prepare proposed updates to
the Fee to fund new development's share of those improvements; and,
WHEREAS, Fehr & Peers has prepared the City of Petaluma Traffic Mitigation Fee
Program Update, dated May 2008, ("Report''), on file in the Office of the City Clerk, and hereby
made a part of this Resolution by reference. The Report lists the roadway and circulation
improvements necessary to maintain the community's 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. The Report estimates the cost in current
dollars of those improvements, assigns the portion of those costs attributable to new
development, and calculates the fees necessary to raise the revenue necessary to pay for the
portion of the improvement costs attributable to new development; and,
Resolution No. 2008-095 N.C.S. t'age 2
WHEREAS, the Report demonstrates the appropriateness of updating the Fee 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; 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, the Rainier Avenue Extension and Interchange ("Rainier Interchange") is
an improvement identified in the Report; and,
WHEREAS, during the preparation of the Report and as of the date of adoption of this
Resolution, the City and the California Department of Transportation (CalTrans) were studying
two alternative designs-a "locally preferred alternative" and a "Caltrans preferred
alternative"-for the Rainier Interchange; and,
_, WHEREAS, the locally preferred alternative and the Caltrans preferred alternative
design for the Rainier Interchange differ in cost; and,
WHEREAS, the design for the Rainier Interchange has not been finalized and, therefore,
the estimated improvement costs have not been finalized; and,
WHEREAS, to address the pending finalization for the design of the Rainier
Interchange, the Report gives two estimates for the total City cost and corresponding Fee: a Fee
based on the approval of a "locally preferred alternative" and a fee based on the approval of a
"Caltrans preferred alternative"; and,
WHEREAS, it is the intent of the City Council to adopt a fee based on the total cost of
Rainier Interchange, as finalized and approved; and,
WHEREAS, the City Council acknowledges and recognizes that at the time of the
adoption of this Resolution it is not known which Rainier Interchange project alternative will be
finalized and approved; and,
WHEREAS, relevant General Plan goals, policies and programs cited in this Resolution
require establishment and maintenance of development fee programs to ensure new development
pays its fair share of the cost of improvements, including traffic improvements required to serve
such new development; and,
WHEREAS, such General Plan goals, policies and programs require ensuring that the
Fee is sufficient to fund the CalTrans preferred alternative Rainier Interchange improvements, if
that design is selected; and,
WHEREAS, if/when the locally preferred alternative design for the Rainier Interchange
improvements is selected, the City intends to apply the Fee based on the locally preferred
alternative to Development subject to the Fee, and to refund the portion of Fee amounts paid
prior to selection and approval of the locally preferred alternative that exceed the applicable Fee
amount based on the locally preferred alternative; and,
Resolution No. 2008-095 N.C.S. Nagc 3
WHEREAS, in accordance Government Code section 66016, at least 14 days prior to the
public hearing at which the City 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 Report was
available for public review and comment for 10 days prior to the public hearing at which the City
Council first considered the adoption of the Fee; and,
WHEREAS, 10 days advance notice of the public hearing at which the City Council first
considered the adoption of the Fee was given by publication in accordance with Section 6062a of
the Government Code; and,
FINDINGS
WHEREAS, the City Council finds as follows:
~. A. The purpose of the Fee set forth in this Resolution is to finance circulation
improvement projects necessary to accommodate future development and to reduce the impacts
caused by future development in the City. Such facilities are described in the Report and further
described in the City of Petaluma Budget for Capital Improvements - FY 2007-2008.
B. The Fee collected pursuant to this Resolution shall be used to finance the roadway
facilities and improvements described in the Report The roadway facilities and improvements
described in the Report are hereafter referred to as the "Facilities."
C. After considering the Report, the testimony received at the noticed public hearing
ielated to the Fee, the agenda statements, the General Plan, the EIR, and all correspondence
received (together, "Record"), the City Council approves and adopts the Report and incorporates
such Report 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 and the
EIR.
D. Adoption of the Fee set forth in this Resolution, as it relates to development
within the City, is intended to obtain funds for circulation improvement projects necessary to
accommodate future traffic demand in Petaluma. The City currently provides roadways, and the
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 Fee set forth in this Resolution, the City Council is exercising its
powers under Article XI, §§ 5 and 7 of the California Constitution, California Government Code
Section 66000 e! seq. ("the Mitigation Fee Act"), Section 54 of the City of Petaluma Charter, and
Chapter 1 1.80 of the Municipal Code.
F. The Record establishes:
1. That there is a reasonable relationship between the use of the Fee set forth
in this Resolution (payment for certain listed roadway improvements) and the type of
Resolution No. 2008-095 N.C.S. Page 4
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 the
Report; and,
2. That there is a reasonable relationship between the need for the Facilities
listed in the Report and the type of development projects on which the 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; and,
3. That there is a reasonable relationship between the amount of the 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; and,
4. That the cost estimates for the Facilities set forth in the Report are
reasonable estimates for the cost of the roadway and circulation improvements listed therein, and
the Fees expected to be generated by future development will not exceed the projected cost of
such improvements; 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 roadway and circulation 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. The Report contains 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 manner of calculating the Fee amounts, as described in the Report is
consistent with Section 11.80.060B of the Petaluma Municipal Code; and
I. The Fee imposed by this Resolution is consistent with the General Plan and,
pursuant to Government Code Section 65913.2, the City 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 A, include the reasonable costs of
administration and compliance of the Fee program, which is estimated by the City to be
approximately three percent (3%) of the Fee.
ADOPTION OF FEE
NOW, THEREFORE, the City Council of the City of Petaluma does resolve as follows:
l~efiniti~ns.
a. "Developed" and "Development'' shall mean the construction or alteration
Rcsohrtion Ne. 2008-095 N.C.S. Page 5
of or addition to, other than by the City, of any building or structure within the City.
b. "Education" shall mean educational Development, as defined in the
Report, that may lawfully be made subject to payment of the Fee.
c. "Facilities" shall include those municipal public facilities as are described
in the Report 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 alternative facilities; (2) that the alternative
facilities are comparable to the facilities in the Report; 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.
d. "Commercial/Shopping" shall mean and include the definitions of "strip
commercial," "heavy commercial," and "shopping center" contained in the Report.
e. "Industrial/Warehouse" shall mean and include the definitions of ``light
industrial," "heavy industrial," and "warehouse" contained in the Report.
f. "Hotel/Motel" shall mean transient occupancy Development as defined in
the Report.
g "Institution" shall mean institutional Development as defined in the
Report.
i. "Mixed Development" "Mixed Development" shall mean a development
:that includes more than one of the types of development def ned in this Section 1. Mixed
developments may combine residential types of development (Single Family and Multifamily),
non-residential types of development (Commercial, Industrial, and Office), or a combination of
residential and non-residential types of development.
j. "Multi-Family Dwelling Unit" shall mean Development that may legally
accommodate more than one family as defined in the Report.
k. "Office" shall mean general office Development as defined in the Report.
"Senior Housing" shall mean senior housing Development as defined in
the Report.
m. "Single-Family Dwelling Unit" shall mean dwelling unit Development
occupied or intended for occupation by only one family as defined in the Report.
2. Traffic Impact Fee Imposed.
a. Pursuant to the Mitigation Fee Act and Chapter 1 1.80 of the City of
Petaluma Municipal Code, 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 on
each type of development set forth in Exhibit A, including each portion of such residential
development within Mixed Development and each portion of non-residential development within
Mixed Development.
Resolution No. 2008-09~ N.C.S. Page 6
b. Unless and until the locally preferred alternative for the Rainier
Interchange improvements is selected and approved, the Fee specified in Exhibit A based on the
CalTrans approved alternative shall be applied to Development subject to the Fee. If and when
the locally preferred alternative for the Rainier Interchange improvements is selected and
approved, the Fee specified in Exhibit A based on the locally preferred alternative will be
imposed on Development subject to the Fee and the portion of the Fee amounts paid prior to
selection and approval of the locally preferred alternatives that exceed the applicable Fee based
on the locally preferred alternative will be refunded.
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 Multi-Family subdivisions, shall be as
specified in Section 4, below.
4. Time for Fee Patent.
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, whichever 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. However, with
respect to a residential development proposed by a nonprof t housing developer in which at least
forty-nine percent (49%) of the total units are reserved for occupancy by lower income
households, as defined in Health and Safety Code Section 50079.5, at an affordable rent, as
defined in Health and Safety Code Section 50053, the payment procedures described in
Government Code Section 66007(b)(2)(A)-(B) shall apply.
b. A Fee shall be charged and paid far 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, and
the procedures in Government Code section 66007(b)(2) (A)-(B) do not apply, 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
Resolution No. 2008-095 N.C.S. Page 7
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.
Amount of Fee.
a. The amount of the Fee for residential and non-residential Development
shall be as set forth on Exhibit A, which is 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 def nition 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 Multi-Family or Single-Family 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:
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 multi-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 (50%) 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.
Resolution No. 2008-095 N.C.S. Page 8
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
public Facilities and services has been paid to the City within the. prior ten (10) year period. The
exemption 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 544 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
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 recovered in whole or in part from
residential Development, the residents of which may constitute the primary users of the public
entity Developments.
Use of Fee Revenue.
. The revenues raised by payment of the Fee shall be placed in a separate, interest
bearing accountto 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 Report.
Resolution No. 2008-095 N.C.S. Page 9
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.
11. Subsequent Anal~is 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 I2, below, the City Council may revise the Fee to incorporate the findings
and conclusions of further studies and any standards in the EIR and General Plan, as from time to
time amended by the City.
12. Fee Adjustments.
.. The Fee established will escalate or decrease annually by the same percentage the
latest "Engineering News Record Construction Cost Index-20 City Average" ("Index")
annually escalates or decreases. The adjustment shall be based on a comparison of the most
recent Index to the Index in the month of adoption of the Fee, or the Index used for the prior
adjustment of the Fee. The Finance Director shall compute the increase or decrease in such Fee.
The first adjustment will take effect on the second July l.st 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. Entering such an agreement is in the City's sole
discretion. 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,
Resolution Nu. 2008-095 N.C.S. Page 10
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 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.
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 landowner 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 take effect on the effective date of General Plan 2025. In
accordance with Government Code Section 66017, the Fee shall be effective 60 days from the
effective date of this Resolution. The Fee shall supersede the predecessor Traffic Impact Fee
pursuant to Resolution No. 2003-206 N.C.S.
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
Resolution No, 2008-09> N.C.S. Page I I
fact that one or more section, subsection, clause, sentence, phrase or other portion may be held
invalid or unconstitutional.
17. Supersecession/Repeal/Savings.
All resolutions and parts thereof in conflict with the provisions of this Resolution
are superseded and repealed, effective on the effective date of the Fee imposed pursuant to
Section 2. However, 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, or
resolution or part of a resolution, 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: 1 hereby certify the foregoing Resolution was introduced and adupted by the App~bved~'as to
Council of the City of Petaluma at a Regular meeting on the 19't' day of May, 2008, o ~ ~ orm'~;~
by the following vote: ,~ '~/
AYES
Barrett; Harris, Nau, O'Brien, Vice Mayor Rabbitt, Mayor Torliatt
NOES: None
ABSENT: I=reitas
ABSTAIN: None
,~ L~
ATTEST: '~
eputy City Clerk
Resolution No. 2008-095 N.C.S
Mavor
ty A$torney
..J
Page 12
EXHIBIT A
TRAFFIC IMPACT FEE-CALTRANS PREFERRED ALTERNATIVE
Land :Use Type Fee Amount IJdit of 1Vleasurement
Single Family Dwelling Unit $18,830 Dwelling Unit
Multiple Family Dwelling
Unit $1 1,486 Dwelling Unit
Senior Housing $4,896 Dwelling Unit
Office $18,078 1,000 square feet of building space
Hotel/Motel $12,993 Room
Commercial/Shopping $17,552 1,000 square feet of building space
Industrial/Warehouse $1 1,298 1,000 square feet of building space
Education $2,825 Student
Institution $8;097 1,000 square feet of building space
r".
TRAFFIC IMPACT FEE-LOCALLY PREFERRED ALTERNATIVE
Land UTse Type Fee Amount Unit of 1Vleasurement
Single Family Dwelling Unit $15,370 Dwelling Unit
Multiple Family Dwelling
Unit $9,376 Dwelling Unit
Senior Housing $3,996 Dwelling Unit
Office $14,755 1,000 square feet of building space
Hotel/Motel $10,605 Room
Commercial/Shopping $14,294 1,000 square feet of building space
Industrial/Warehouse $9,222 1,000 square feet of building space
Education $2,306 Student
Institution $6,609 1,000 square feet of building space
Resolution No. 2008-095 N.C.S.
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