HomeMy WebLinkAboutResolution 2008-092 N.C.S. 05/19/2008Resolution No. 2008-092 N.C.S.
of the City of Petaluma, California
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
UPDATING THE PARK LAND ACQUISITION FEE FOR NON-QUIMBY ACT
DEVELOPMENT PROJECTS TO PROVIDE FOR PARK LAND ACQUISITION
NECESSARY TO SERVE 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 Petaluma City Council
("City Council") on May 19, 2008; and
WHEREAS, an Environmental Impact Report (hereafter "EIR") was prepared for the
General Plan (State Clearinghouse Reference 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 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 Park Land Acquisition Fee (Non-
Quimby Act Development Projects) for New Development by Resolution No. 2003-212 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 Park Land Acquisition (Non-Quimby Act)
Fee for new residential and non-residential development (not governed by the Quimby Act); 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 parks, necessary to meet the demands of employees, customers, and
businesses and residential development projects that are not subject to the Quimby Act; and,
Resolution No. 2008-092 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 .fair 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 Goa16-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
Resolution No. 2008-092 N.C.S. Page 2
per 1,000 population and neighborhood park land at 2 acres per 1,000 population)"; and
WHEREAS, Program (A) of Policy 6-P-7 of Goa16-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 Goa16-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 for 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 acquisition imposed on development not
governed by the Quimby Act (such as existing residential lots, minor subdivisions that do not
seek building permits within four years of receiving parcel map approval, or commercial, office
and industrial projects); and
WHEREAS, residents who will occupy future residential units that are not subject to the
Quimby Act will nonetheless create demand for park land space; and
WHEREAS, employees who work in future commercial, office and industrial projects
will also demand park land space for lunchtime activity and picnics, before and after work
activities, and sports leagues and other recreational activities; 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 land acquisition 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 park acreage available to Petaluma;
and
WHEREAS, Sinclair & Associates has prepared the City of Petaluma Mitigation Fee
Report, dated May 8, 2008 ("Report"), which is 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 land acquisition
for residential development projects, not governed by the Quimby Act, and commercial, office
and industrial projects necessary to maintain the current levels of park land space provided to the
community and thereby meet the demands of new residents and development projects for park
Resolution No. 2008-092 N.C.S. Page 3
land space through build out under the General Plan. The Report estimates the cost in current
dollars of the park land acquisition, and calculates the fees necessary to raise the revenue
necessary to pay for the acquisition 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 park land acquisition needed to accommodate new
development including (1) an evaluation of the park land currently available; (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 average cost of acquiring park land to meet the demands of the
estimated increases in the City's service population by 2025 with respect to non-Quimby Act
residential development and commercial, office, and industrial development projects; and
WHEREAS, the General Plan and Report establish a park land standard of 5 acres of
parkland per 1,000 population; 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
FINDINGS
WHEREAS, the City Council finds as follows:
A. The purpose of the Park Land Acquisition Fee (Non-Quimby Act Development
Projects) ("Fee"), set forth in this Resolution, is to finance municipal park acquisition to reduce
the impacts caused by future non-Quimby Act residential development and commercial, office,
and industrial development in the City. Such park land acquisition standards are specifically
described in Chapter VIII and Appendix E of the Report and include park land acquisition
standards for non-Quimby Act residential development and commercial, office, and industrial
development. The park land acquisition described in Chapter VIII and Appendix E of the Report
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 VIII and Appendix E of the Report.
C. After considering Chapter VIII and Appendix E 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"),
Resolution No. 2008-092 N.C.S. Page 4
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
described in Chapter VIII and Appendix E of the Report 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 park land acquisition necessary to maintain service within existing City service areas. The
City currently provides municipal park lands and the Fee set forth in this resolution will be used
to maintain current service levels as reflected in Chapter VIII and Appendix E 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
Acquisition Fee (Non-Quimby Act Development Projects) set forth in this resolution (payment
for acquisition of municipal park land) and the type of development projects on which such Fee
is imposed in that non-Quimby Act residential development and commercial, industrial and
office development in the City generates or contributes to the need for the Facilities generally
identified in Chapter VIII and Appendix E of the Report; and
2. That there is a reasonable relationship between the need for the Facilities
listed in Chapter VIII and Appendix E of the Report and the type of development projects on
which the Park Land Acquisition Fee (Non-Quimby Act Development Projects) set forth in this
resolution is imposed in that new non-Quimby Act residential development and commercial,
industrial, and office development in the City will generate persons who live, work, and/or shop
in Petaluma and who generate or contribute to the need fro the Facilities generally identified in
Chapter VII and Appendix E of the Report; and
3. That there is a reasonable relationship between the amount of the Park
Land Acquisition Fee (Non-Quimby Act Development Projects) set forth in this resolution and
the cost of the Facilities listed in Chapter VIII and Appendix E 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 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 VIII and Appendix E of the Report
are reasonable estimates for the cost of the Facilities listed therein, and the revenue expected to
Resolution No. 2008-092 N.C.S. Page 5
be generated by future residential and nonresidential development will not exceed the projected
cost of such park land improvements; and,
That the method of allocation of the Fee set forth in this resolution to a
particular non-Quimby Act residential development or commercial, industrial, or office
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 VIII and Appendix E of the Report is a detailed analysis of how public
services will be affected by non-Quimby Act residential development and commercial,
industrial, and office nonresidential 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, 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 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
Resolution No. 2008-092 N.C.S. Page 6
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.
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 Reports; and (3) that the revenue from the Fee
will be used only to pay new development's fair and proportionate share of the alternative
facilities.
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 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.
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.
£ "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
Resolution No. 2008-092 N.C.S. Page 7
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.
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. Park Land Acquisition Fee (Non-Quimby Act Development Projects.
Pursuant to the Mitigation Fee Act; a Park Land Acquisition Fee (Non-Quimby
Act Development Projects) ("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.
3. Time for Imposing_Fee.
a. In accordance with Government Code Section 65961, the Fee for non-
Quimby Act 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.
4. Time for Fee Payment.
a. In accordance with Government Code Section 66007, a Fee shall be
charged and paid for each residential development upon the date of final inspection or issuance
of the certificate of occupancy for such residential development, which ever is earlier; however,
if the Fee is to reimburse the City for expenditures previously made, or if the City determines
that the Fee will be collected for Facilities for which an account has been established and funds
appropriated and for which the City has adopted a proposed construction schedule prior to
Resolution No. 2008-092 N.C.S. Page 8
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. 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)(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.
5. 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.
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
Resolution No. 2008-092 N.C.S. Page 9
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 (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.
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.
feet or less.
Any addition to an existing non-residential structure of 500 square
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.
Resolution No. 2008-092 N.C.S. Page 10
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 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 Develouer Constructed or Acquired 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 or acquire 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 or acquisition 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 or acquisition 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 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
Resolution No: 2008-092 N.C.S. Page 11
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.
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.
Resolution No. 2008-092 N.C.S. Page 12
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 Adiustments.
The Fee shall be adjusted annually by the percentage increase or decrease in the
most recent five-year average purchase price per acre of vacant residential and commercial land
within the Urban Growth Boundary of the City of Petaluma, as compared to the prior five-year
average purchase price per acre. 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 City 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.
18. Supersession/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 in Section 2.
However, violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective
Resolution No. 2008-092 N.C.S. Page 13
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: I hereby certify the foregoing Resolution was introduced and adopted by the ~prd as to
Council of the City of Petaluma at a Regular meeting on the 19`h day of May, 2008, ~ ~ o m:
by the following vote: i
9 i
v
Ci Attorney
AYES:
Barrett, Harris, Nau, O'Brien, Vice Mayor Babbitt, Mayor Torl` "
NOES: None
ABSENT: Freitas
ABSTAIN: None
ATTEST: ~'~/~
Deputy City Clerk
Resolution No. 2008-092 N.C.S. Page 14
EXHIBIT A
PARK LAND ACQUISITION FEE NON-QUIIVIBY ACT DEVELOPMENT PROJECTS)
I,and'L7se Tyj~c
Single Family Unit Fcc :~uu~~e¢~t Unet of ~~-casurernent
$3,209 Unit
Multi Family Unit $2,174 Unit
Commercial $608 1,000 square feet of building space
Office $581 1,000 square feet of building space
Industrial $370 1,000 square feet of building space
Resolution No. 2008-092 N.C.S. Page 15