Loading...
HomeMy WebLinkAboutResolution 2008-094 N.C.S. 05/19/2008Resolution No. 2008-094 N.C.S. of the City of Petaluma, California A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA UPDATING THE PUBLIC FACILITIES IMPACT FEE TO PROVIDE FOR RECONSTRUCTION OF CITY HALL, ACQUISITION OF CITY VEHICLES, AND NECESSARY TECHNOLOGICAL AND COMMUNICATIONS EQUIPMENT TO PROVIDE GENERAL GOVERNMENT SERVICES FOR FUTURE DEVELOPMENT WITHIN THE CITY OF PETALUMA AND SUPERSEDING SUCH FEE ADOPTED BY RESOLUTION N0.2003-209 N.C.S. ADOPTED 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 was adopted by the Petaluma City Council '~ '`' ~ ("City Council") on May 19, 2008; and, WHEREAS, an Environmental Impact Report ("EIR''l was prepared for the General Plan (State Clearinghouse #2004082065) pursuant to the California Environmental Quality Act ("CF,QA") and certified by the City Council on April 7, 2008 by Resolution No. 2008-058 ~'~ ~ N.C.S.; and, WHEREAS, the General Plan area is shown on the land use maps contained in the General Plan; and, WHEREAS, the City Council last updated the City's Public Facilities Impact Fee by Resolution No. 2003-209 N.C.S., adopted October 27, 203; 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 Public Facilities Impact Fee for new residential and non-residential development; and, WIIEREAS, 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 1=P-47 oI' 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) ~t~~hich 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. 2008-094 N.C.S. Page 1 WHEREAS, Goa17-G-1 of Chapter 7 of the General Plan provides that the City should "Ensure adequate public facilities and services exist and are maintained to meet the needs of the community for an array of high quality services and programs"; and, WHEREAS, Goal 7-G-2 of Chapter 7 of the General Plan provides that the City should "Encourage the development of infrastructure and services to allow equal access to all who live, work, and study in Petaluma to utilize new technologies to communicate with individuals -and institutions from the local to global level"; and, WHEREAS, Policy 7-P-7 of Goal 7-G-2 of Chapter 7 of the General Plan provides that the City should "Plan for the highest and best level of technology available given the purpose of the service, the ability to provide that service, and fiscal reality"; and, WHEREAS, Program (B) of Policy 7-P-7 of Goal 7-G-2 of Chapter 7 of the General Plan provides that the City should "Explore the feasibility of the City becoming a participant or leader in the provision of WI-Fi facilities in the community"; and, WHEREAS, Policy 7-P-8 of Goal 7-G-2 of Chapter 7 of the General Plan provides that the City should "Anticipate, plan for, and react to changes in technology"; and, WHEREAS, .Program (A) of Policy 7-P-8 of Goal 7-G-2 of Chapter 7 of the General Plan provides that the City should "Develop a telecommunications infrastructure that is not dependent on any single medium, but incorporates a variety of media such as fiber optics and wireless"; and, WHEREAS, Goal 7-G-3 of Chapter 7 of the General Plan provides that the City should "Encourage the development of technology to increase participation in local governance and improve access to City information"; and, WHEREAS, Policy 7-P-9 of Goal 7-G-3 of Chapter. 7 of the General Plan provides that the City should "Utilize technology to enhance the transparency of the local decision making processes"; and, WHEREAS, Policy 7-P-10 of Goa17-G-3 of Chapter 7 of the General Plan provides that the City should "Use technology as a tool to encourage participation in governance at all age levels, particularly involving youth"; and WHEREAS, Policy 7-P-1 1 of Goal 7-G-3 of Chapter 7 of the General Plan provides that. the City should "Use technology to facilitate the exchange of information between local government and the public"; and, WHEREAS, public facilities and services are currently provided at City Hall and other City facilities and to maintain the current standard for facilities and services through General Plan build-out, the City should: relocate and construct City Hall; construct a new Corporation Yard; install VOIP and Wi-Fi communication systems; acquire administrative pool vehicles; acquire Public Works general maintenance vehicles; acquire Parks general maintenance vehicles; and acquire technology (computers). (Source: City of Petaluma Mitigation Fee Report, Sinclair & Associates, May 8, 2008, pg. 8.); and, WHEREAS,. Chapter 17.14 of the Petaluma Municipal Code authorizes a development Resolution No. 2008-094 N.C.S. }'age 2 impact fee to pay for community facilities; and, WHEREAS, Resolution No. 2003-209 N.C.S. created a separate fee for public facilities and government services pursuant to the authority granted in Chapter 17.14, and it is the purpose of this Resolution to continue to maintain a separate fee for public facilities and government services pursuant to the authority granted in Chapter 17.14; and, WHEREAS, a study of the impacts of contemplated future development on existing public facilities and government services in the City of Petaluma, along with an analysis of the need for constructing and acquiring new public facilities for providing government services required by future developments, was prepared by Sinclair & Associates, dated May 8, 2008 entitled "City of Petaluma Mitigation Fee Report," (the "Report"), on file in the Office of the City Clerk, and is hereby made a part of this Resolution by reference. The Report lists the additional public facilities for providing government services necessary to maintain the current level of government and public facility services provided to the community to meet the demands of new residents for those services through build out under the General Plan. The Report estimates the cost in current dollars of those improvements and equipment, 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 improvements attributable to new development; and, WHEREAS, the Report 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) a description of the existing City Hall, City corporations yard, vehicles, and computer and communication equipment; (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 general government facilities improvements and equipment identified as necessary to meet the demands of the estimated increases in the City's service population by 2025; and, WHEREAS, in accordance with Government Code Section 66016, 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, in accordance with Government Code Section 66016, the Report was available for public inspection, review, and comment for ten (10) days prior to the public hearing at which the Council considered the adoption of the Fee; and, WHEREAS, ten (10) days advance notice of the~public hearing at which this Resolution was adopted was given by publication in accordance with Government Code Section 6062a; and, FIN®INGS WHEREAS, the City Council finds as follows: A. The purpose of the Public Facilities Impact Fee (``Fee"), set forth in this Resolution, is to finance municipal public facilities to reduce the impacts caused by future development in the City. Such facilities, which are specifically described in the Report, include Resolution No. 2008-094 N.C.5. Page 3 the following: the relocation and construction of City Hall, the construction of the Corporation Yard, installation of VOIP and Wi-Fi communication systems, procurement of technology (computers), and acquisition of additional vehicles. The public facilities to be funded by the Fee are further described in Chapter IlI and Appendix A of the Report and the 2007-2008 City of Petaluma Budget for Capital Improvements, and are hereafter referred to as the "Facilities." B. The Fee collected pursuant to this Resolution shall be used to finance the Facilities described in Chapter III and Appendix A of the Report. C. After considering Chapter III and Appendix A of the Report, 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"l, the City Council approves and adopts the Report; the City Council further finds that the future development in the City will generate the need for the Facilities described in Chapter III and Appendix A of the Report and that the Facilities are consistent with the City's General Plan. D, The adoption of the Fee as it relates to development in the City is to obtain funds for projects necessary to maintain service within the existing service areas. The City currently provides services to the community that use City HaII, the City corporation yard, city-owned vehicles, and computer and communication equipment, and the Public Facilities Impact Fee set forth in this Resolution will be used to maintain current service levels. As such, the 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, the City Council is exercising its powers under Article XI, §§ 5 and 7 of the California Constitution, Chapter 5 of Division I of the Government Code ("Mitigation Fee Act"), commencing with Section 66000, Section 54 of the City of Petaluma :Charter, and Chapter 17.14 of the Petaluma Municipal Code, collectively and separately. F. The Record establishes: I . That there is a reasonable relationship between the use of the Fee set forth in this Resolution (payment for certain listed capital improvements and equipment and vehicle acquisition) and the type of development projects on which such Fee is imposed in that residential and non-residential development in the City generates or contributes to the need for the Facilities listed in Chapter III and Appendix A of the .Report; and, 2. That there is a reasonable relationship between the need for the Facilities listed in Chapter III and Appendix A of the Report and the type of development projects on which the Fee set forth in this Resolution is imposed in that new residential and non-residential development in the City 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 III and Appendix A of the Report; 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 listed in Chapter III and Appendix A of the Report; 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 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, Resolution No. 2008-094 N.C.S. Page 4 4. That the estimates set forth in Chapter III and Appendix A of the Report are reasonable estimates for the cost of the Facilities listed therein, and the Fee expected to be generated by future development will not exceed the project 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 improvements and collections additions 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 III and Appendix A of the Report 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 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. I. 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, TI-IEREFORE, BE IT RESOLVED, 1. Definitions. a. "Commercial" shall mean any development constructed or to be constructed on land having a General Plan 2025 land use or zoning designation, as established in the Implementing Zoning Ordinance, Ordinance No. 2299 N.C.S., or any successor ordinance, 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 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; service stations; shopping centers; supermarkets; bicycle shops; cameras and photographic supply stores; convenience stores; department stores; drug stores and pharmacies; jewelry stores; luggage and leather goods stores; sporting goods and equipment stores; stationery stores; collectible stores; second hand goods stores; religious goods stores; hobby materials stores; small wares stores; plant sales; bowling alleys; coin-operated amusement arcades; dance halls, clubs, and ballrooms; electronic game arcades; ice skating and roller skating establishments; pool and billiard rooms; amusement and theme parks; go-cart tracks; golf driving ranges; miniature golf courses; water slides; banks and trust companies; credit agencies; holding companies; lending and thrift institutions; securities/commodity contract brokers and dealers; fueling stations and gas stations; security and commodity exchanges; vehicle finance leasing agencies; restaurants, cafes, and coffee shops; and movie theatres and civic theatres. Resolution No. 2008-094 N.C.S Page 5 b. "Developed" and. "Development" shall mean the construction or alteration of or addition to, other than by the City, of any building or structure within the City. 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 ofthe alternative facilities. d. "Industrial" shall mean any development constructed or to be constructed on land having a General Plan 2025 land use or zoning designation as established in the Implementing Zoning Code, Ordinance No. 2299 N.C.S., or any successor ordinance, for the manufacture, production, assembly, and processing of consumer goods, uses incidental to those activities, and research, development and warehousing. Industrial land uses include, but are not limited tq: assembly; contractor's storage yards; fabrication; lumber yards; manufacturing; outdoor stockyards and service yards; printing; processing; warehouses and distribution centers; wholesale and heavy commercial enterprises; clothing, fabric and other product manufacturing; electronics, equipment, and appliance manufacturing; metal products fabrication, machine and welding shops; paper product manufacturing; food and beverage product manufacturing; small- . scale manufacturing; lumber and wood product manufacturing; machinery manufacturing; motor vehicle and transportation equipment manufacturing; stone and cut stone product manufacturing; structured clay and pottery product manufacturing; processing of building materials, chemicals, fabricated metals, paper products, machinery, textiles, and/or equipment; and collection, sorting - and processing enterprises. e. "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 Multifamily), non-residential types of development (Commercial, Industrial, and Office), or a combination of residential and non- residential types of development. f. "Multifamily Residential" shall mean any residential Development that does not qualify as detached single family dwelling unit Development as defined in the California Buildirrg Standards Code, as adopted by the City. g. "Office" shall mean any development constructed or to be constructed on land having a General Plan 2025 land use or zoning designation, as established in the Implementing Zoning Ordinance, Ordinance No. 2299 N.C.S., or any successor ordinance, for general business offices, medical and professional offices, administrative or headquarters offices for large wholesaling or manufacturing operations, and other uses incidental to these activities. Office land uses include but are not limited to: administrative headquarters; business parks; finance offices; insurance offices; legal offices; medical and health services offices; office buildings; professional and administrative offices; professional associations; real estate offices; and travel agencies. Kesolution No. 2008-094 N.C.S. Page 6 h. "Single Family Residential" shall mean detached, single-family dwelling unit development as defined in the California Builders Standards Code, as adopted by the City. 2. Public Facilities Impact Fee Imposed. Pursuant to the Mitigation Fee Act and Chapter 17.14 of the City of Petaluma Municipal Code a Public 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 A, which is attached to and made a part of this Resolution, including each portion of such Development within Mixed Development. 3. Time for Imposing Fee. In accordance with Government Code Section 65961, the Fee for Single Family and Multifamily 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 Multifamily subdivisions, shall be as specified in Section 4, below. 4. Time for Fee Pant. 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 nonprofit 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 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; and the procedures in Government Code section 66007(b)(2) (Al-(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 Resolution No. 2008-094 N.C.s. Page 7 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. Amount of Fee. a. The amount of the Fee for residential and non-residential Development shall be as set forth in Exhibit A. 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 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 Multifamily 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 Multifamily 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. Anv replacement or reconstruction of an existing non-residential structure that has been destroyed or demolished, if the building permit for reconstruction is Resolution No. 2008-094 N.C.S. Page 8 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 government facilities and services has been paid to the City within the prior ten 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. Any addition to an existing non-residential structure of S00 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 Development. 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 design, engineering, right-of--way, construction and/or acquisition of the Facilities and reasonable costs of outside consultant studies related thereto; b. 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. c. To reimburse developers who have designed and constructed any of the Facilities with prior City approval and have entered into an agreement, as provided in Section 9, below; and, d. 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. 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 Resolution No. 2008-094 N.C.S. Page 9 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 Facilities, 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 Report for the particular facility, as subsequently adjusted pursuant to Sections 13 and 14 of this Resolution prior to issuance of the building permit for that facility. Once credit is issued pursuant to this section, it 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 of square footage or 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 measure 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 the Mitigation Fee Act, 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. 10. 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 EIR and those City standards reflected in the Report. 11. Existing Deficiencies. There are no existing deficiencies. 12. Periodic Review. a. During each f seal 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. Reseluiion No. 2008-094 N.C.S. Page 10 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. 13. 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 will 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 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 findings and conclusions of further studies and any standards in the EIR and General Plan, as well as increases due to inflation and increased construction costs. 14. Fee Adjustments. . The Fee established will increase or decrease annually by the same percentage as the latest ``Engineering News Record Construction Cost Index-20 City Average" ("Index")annually increases or decreases. The adjustment shall be based on a comparison of the most recent Index to the Index in the month of the 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 1st following the adoption of this Resolution and each subsequent July 1st. 15. 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. 16. Effective Date. This Resolution shall become effective on the effective date of General Plan 2025. In accordance with California Government Code Section 66017, the Fee imposed pursuant to Section 2 shall be effective 60 days from the effective date of this Resolution. 17. 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 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. Resolution No. 2008-094 N.C.S. Page I 1 18. 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 adopted by the A~ppr wed ~s to Council of the City of Petaluma at a Regular meeting on the 19'~ day of May, 2008, ; ~orm: by the following vote: ~ AYES: Barrett. 1-larris, Nau, O'Brien, Vice Mayor Rabbitt, Mayor Torliatt City NOES: None ABSENT: Freitas ABSTAIN: None ATTEST: %, s Deputy City Clerk Resolution No. 2008-094 N.C.S. Page 12 EXHIBIT A PUBLIC FACILITIES IMPACT FEE Land Lase Typc F'ec Amount Unit of 1Vleasucement Single Family Residential $1,309 Unit Multifamily Residential $881 Unit Commercial $248 1,000 square feet of building space Office $237 1,000 square feet of building space Industrial $151 1,000 square feet of building space Resolution No. X008-G94 N.C.S. Nage 13