HomeMy WebLinkAboutResolution 2008-093 N.C.S. 05/19/2008Resolution No. 2008-093 N.C.S.
of the City of Petaluma, California
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
UPDATING THE PARK LAND DEVELOPMENT IMPACT FEE
TO PROVIDE FOR PARK IMPROVEMENTS FOR COMMUNITY AND
NEIGHBORHOOD PARKS FOR FUTURE DEVELOPMENT WITHIN THE CITY OF
PETALUMA AND SUPERSEDING SUCH FEE ADOPTED BY RESOLUTION NO.
2003-212 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 Council on May 19, 2008;
and,
WHEREAS, an Environmental Impact Report ("EIR") was prepared for the General
Plan (State Clearinghouse Number 20040$2065) 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 General Plan area is shown on th.e land use maps contained in the
General Plan; and,
WHEREAS, the City Council last updated the City's Park Land Development Impact
Fee for New Development by Resolution No. 2003-212 N.G.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 Park Land Development Impact Fee for new
residential and non-residential development; 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 2025. 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 community and neighborhood park improvements, necessary to meet the
demands of residents, employees, customers, and businesses; and,
Resolution No. 2008-093 N.C.S. Page 1
WHEREAS, the General Plan and EIR analyze the impacts of development under the
General Plan and proposed mitigation measures, including the creation of fee programs to
require new development to pay for its proportional fair share of the cost of acquiring and
improving public facilities necessary to meet the demands of new residents, employees,
customers, and businesses for such facilities; and,
WHEREAS, 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 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,
WHEREAS, Goal 6-G-1 of Chapter 6 of the General Plan provides that the City should
"Retain and expand city-wide park and recreation assets and programs to maintain the quality of
life they provide to the community"; and,
WHEREAS, Policy 6-P-1 of Goal 6-G-1 of Chapter 6 of the General Plan provides that
the City should "Develop additional parkland and recreational facilities in the City, particularly
in areas lacking these facilities and where new growth is proposed, to meet the standards of
required park acreage"; and,
~. WHEREAS, Policy 6-P-3 of Goal 6-G-1 of Chapter 6 of the General Plan provides that
the City should "Connect city park with other public facilities. open spaces, employment centers,
and residential neighborhoods by locating new recreation facilities in proximity to these uses and
by fully integrating the parks system with the city's pedestrian, bicycle, and transit systems";
and,
WHEREAS, Policy 6-P-5 of Goal 6-G-1 of Chapter 6 of the General Plan provides that
"New parkland or recreation facilities, beyond those identified in the General Plan, may be
required as part of any development review and entitlement process"; and,
WHEREAS, Policy 6-P-6 of Goal 6-G-1 of Chapter 6 of the General Plan provides that
the City should "Achieve and maintain a park standard of 5 acres per 1,000 residents
(community park land at 3 acres per 1,000 population and neighborhood park land at 2 acres per
1,000 population) and an open space/urban separator standard of 10 acres per 1,000 population,
in order to enhance the physical environment of the city and to meet the recreation needs of the
community"; and,
WHEREAS, Program (A) of Policy 6-P-6 of Goa16-G-1 of Chapter 6 of the General
Plan provides that the City should "Revise the City's park in lieu fees/dedication requirements to
match the General Plan standard of 5 acres per 1,000 residents (community park land at 3 acres
per 1,000 population and neighborhood park land at 2 acres per 1,000 population)"; and,
Resolution No. 2008-093 N.C.s. Page 2
WHEREAS, Program (A) of Policy 6-P-7 of Goal 6-G-1 of Chapter 6 of the General
Plan provides that the City should "Review and, if necessary, revise the City's Municipal Code
regarding the payment of community park impact fees to maximize all opportunities for funding
community and neighborhood parkland, park improvements, and park operation and
maintenance through the development entitlement process"; and,
WHEREAS, Goal 6-G-2 of Chapter 6 of the General Plan requires that the City should
"Ensure park and recreational assets are maintained to allow safe access and use"; and,
WHEREAS, Policy 6-P-17 of Goal 6-G-2 of Chapter 6 of the General Plan provides that
"Recognizing that the maintenance of City assets is a matter of civic pride, priority and safety,
the City shall work with citizens, businesses, schools, organizations, and public agencies to fund
an acceptable level of maintenance for all city-owned park and recreational facilities"; and,
WHEREAS, Chapter 20.34 of the Petaluma Municipal Code, adopted pursuant to
California Government Code Section 66477 (the "Quimby Act"), requires the dedication of
parkland as a part of residential development subject to the Quimby Act, or the payment of a fee
in lieu of dedicating property. The Quimby Act applies only to fees and/or dedications imposed
on certain subdivisions subject to the Subdivision Map Act (California Government Code
Section 64410 et seq.) to fund land acquisition costs for park or recreational purposes. The
Quimby Act does not apply to imposition of fees for park land improvements imposed on
residential and non-residential development; and,
WHEREAS, the City retained Sinclair & Associates to determine, based in part on the
land use designations provided by the General Plan, the additional park improvements for
community and neighborhood park lands that would be necessary to maintain the level of those
services provided to the community and to fund new development's share of the costs of
maintaining the developed park acreage and improvements available to Petaluma; and,
WHEREAS, Sinclair & Associates has prepared the City of Petaluma Mitigation Fee
Report, dated May 8, 2008 ("Report"), on file in the Office of the City Clerk and hereby made a
part of this Resolution by reference. The Report outlines the cost of park improvements for
community and neighborhood park lands necessary to maintain the current levels of developed
park lands provided to the community and thereby 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 the improvements, and calculates the fees necessary to raise the revenue necessary to
pay for the improvement costs attributable to new development; and,
WHEREAS, the Report demonstrates the appropriateness of adopting a fee based on
current estimates of the need for and cost of general park land improvements needed to
accommodate new development including (1) an inventory of community and neighborhood
park land; (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 park land improvements
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,
Resolution No. 2008-093 N.C.S. Page 3
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,
FINllINGS
WHEREAS, the City Council finds as follows:
A. The purpose of the Park Land Development Impact Fee (hereafter "Fee") set forth
in this Resolution is to finance municipal park facilities improvements to reduce the impacts
caused by future development in the City. Such facilities, which are specifically described in
Chapter IX and Appendix F of the Report and include park improvements to community and
neighborhood park lands. The public facilities and improvements described in Chapter IX and
Appendix F of the Report and as further described in pages 93 through 106 of the City of
Petaluma Budget for Capital Improvements FY 2007-2008 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 IX and Appendix F of the Report.
C. After considering Chapter IX and Appendix F 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"),
the Council approves and adopts the Report and incorporates such herein; the Council further
finds that the future development in the City of Petaluma will generate the need for the Facilities
and the Facilities are consistent with the City's General Plan.
D. The adoption of the Fee as set forth in this Resolution is intended to obtain funds
for capital projects necessary to maintain service within existing City service areas. The City
currently provides neighborhood and community park facilities and the Fee set forth in this
Resolution will be used to maintain current service levels as reflected in Chapter IX and
Appendix F of the Report. 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 Council is exercising its powers under Article XI, §§ 5
and '7 of the California Constitution, Chapter 5 of Division 1 of the Government Code
("Mitigation Fee Act"), commencing with Section 66000, and Section 54 of the City of Petaluma
Charter, collectively and separately.
F. The Record establishes:
1. That there is a reasonable relationship between the use of the Park Land
Development Impact Fee set forth in this Resolution (payment for improvements on community
and neighborhood park land) 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 IX and Appendix F of the Report; and,
Resolution No. 2008-093 N.C.s. Page 4
2. That there is a reasonable relationship between the need for the Facilities
listed in Chapter IX and Appendix F of the Report and the type of development projects on
which the Park Land Development Impact 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 IX and Appendix F of the Report; and,
3. That there is a reasonable relationship between the amount of the Park
Land Development Impact Fee set forth in this Resolution and the cost of the Facilities listed in
Chapter IX and Appendix F 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 new residents and employees generated by specific land uses, the total cost of construction or
acquisition of such facilities, the anticipated demand for park land improvement within the City
based on the service population, and the percentage by which development within the City
contributes to the need for such Facilities; and,
4. That the estimates set forth in Chapter IX and Appendix F of the Report
are:reasonable estimates for the cost of the Facilities listed therein, and the revenue expected to
be generated by future residential and nonresidential development will not exceed the projected
cost of such park land improvements; and,
5. That the method of allocation of the Fee set forth in this Resolution to a
particular residential or nonresidential development bears a fair relationship and is roughly
proportional to each development's burden on and benefits from the 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 IX and Appendix F of the Report are detailed analyses of how public
services will be affected by residential and nonresidential development in the City of Petaluma
and the public facilities required to accommodate that development.
H. The Fee imposed by this Resolution is consistent with the General Plan and,
pursuant to Government Code Section 65913.2, the Council considered the effects of the Fee
with respect to the City's housing needs as established in the housing element of the General
Plan.
I. The Fee amounts set forth in Exhibit 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 FEF,
NOW, THEREFORE, BE IT RESOLVED,
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
Resolution No. 2008-093 N.C.S. Page 5
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.
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 of Petaluma.
c. "Facilities" shall include those municipal public facilities as are described
in the Report related to providing general improvements to neighborhood and community park
lands. "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. "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. 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 to: 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.
Resolution No. 200A-093 N.C.S. Page 6
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 Multiple Family), 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 Building 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. 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.
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.
Park Land Development Impact Fee Imposed.
Pursuant to the Mitigation Fee Act, a Park Land Development 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.
Time for Imposing Fee.
a. In accordance with Government Code Section 65961, the Fee for Single
Family and Multiple Family 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.
b. The Fee for all development not subject to subsection (a) above shall be
imposed at the time of approval of the conditions that apply to discretionary or tentative or parcel
maps for such development.
c. 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.
Resolution No. 2008-093 N.C.S. Page ~
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, 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 (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) (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
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 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.
Resolution No. ?008-093 N.C.c, Page 8
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 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 or more.
,. 3. Any replacement or reconstruction of an existing non-residential
structure that has been destroyed or demolished, if the building permit for reconstruction is
.~°obtained within one year after the building was destroyed or demolished, there is no change in
the land use designation of the property, and the square footage of the replacement building does
not exceed the square footage of the building that was destroyed or demolished.
4. Any non-residential building or structure constructed on property
on which a building or structure was demolished for which a development impact fee to fund
public 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 500 square
feet or less.
b. The City Council, in its discretion, may waive the applicability of the Fee
to certain development constructed or to be constructed by a public entity on land having an
appropriate General Plan land use designation upon findings of the City Council that such a
waiver is in the interest of the public health, safety, andlor 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.
Resolution No. 2008-093 N.C.S. Page 9
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 or land acquisition and
construction andlor 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 fiends 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
.discretion. Such agreement shall provide for security for the developer's commitri7ent 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 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 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 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.
Resolution No. 2008-093 N.C.S. Page 10
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 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.
13. 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 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 escalate or decrease annually by the same percentage the
latest "Engineering News Record Construction Cost Index20 City Average" ("Index")
Resolution No. ?008-093 N.C.S. Page 1 1
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 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.
., 19. 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
Council of the City of Petaluma at a Regular meeting on the l9`~ day of May, 2008,
by the following vote:
AYES: Barrett, Freitas, Harris, Nau, O'Brien. Vice Mayor Rabbitt, Mayor Torliatt
NOES: None
ABSENT: NOne
ABSTAIN: None
ATTEST:
Deputy City Clerk
City
Resolution No. 2008-093 N.C.S. Page 12
EXHIBIT A
PARK LAND DEVELOPMENT IMPACT FEE
Land LTSe Type Fee Amount.. Unit of Measurement
Single Family Residential $5,498 Unit
Multifamily Residential $3,702 Unit
Commercial $1,041 1,000 square feet of building space
Office $996 1,000 square feet of building space
Industrial $634 1,000 square feet of building space
Resolution No. 2008-093 N.C.S. Page 13