HomeMy WebLinkAboutResolution 2008-090 N.C.S. 05/19/2008Resolution No. 2008-090 N.C.S.
of the City of Petaluma,. California
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
UPDATING THE LIBRARY FACILITIES IMPACT FEE FOK FUTURE
DEVELOPMENT WITHIN THE CITY OF PETALUMA AND SUPERSEDING SUCH
FEE ADOPTED BY RESOLUTION N0.2003-211 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") was prepared for the General Plan
(State Clearinghouse #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 of the City of Petaluma last updated the Library Facilities
Impact Fee by Resolution No. 2003-211 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 Library Facilities Impact Fee for new
residential and non-residential development; 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
Resolution No. 2008-090 N.C.S. Page 1
manner to ensure their completeness coincide with demand;" and
WHEREAS, Goal 7-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, Policy 7-P-1 of Goal 7-G-1 of Chapter 7 of the General Plan provides that
the City should "Coordinate with other agencies, such as the Sonoma County Library, to ensure
that facilities plans are implemented in concert with City plans to best meet the facilities needs of
the community"; and
WHEREAS, library services are currently provided at the 25,900 square foot Petaluma
Regional Library and to maintain this current standard for library services through General Plan
build-out, an additiona17,030 square feet of library facilities is required. (Source: City of
Petaluma Mitigation Fee Report, Sinclair & Associates, May 8, 2008, pg. 43.)
WHEREAS, Chapter 17.14 of the Petaluma Municipal Code authorizes a development
impact fee to pay for community facilities; and,
WHEREAS, Resolution No. 2003-211 N.C.S. created a separate fee for library facilities
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 library facilities pursuant to the authority granted in
Chapter 17.14; and
WHEREAS, a study of the impacts of contemplated future development on existing
public facilities related to library facilities in the. City, along with an analysis of the need for new
library facilities 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 hereby made a part of this Resolution. The Report lists the
additional public library space and related collection acquisitions necessary to maintain the
current level of library 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 related collection additions, assigns the portion of
those costs attributable. to new development, and calculates the fees necessary to raise the
revenue necessary to pay for the improvement and related portion of the improvements
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 library facilities improvements and related
collections additions needed. to accommodate new development including (1) an inventory of the
existing public library facilities and related collections; (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 library facilities improvements and related collections identified. as
necessary to meet the demands of the estimated increases in the City's service population by
2025; and
Resolution No. 2008-090 N.C.S. Page 2
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 Library Facilities Impact Fee (hereafter "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.
the following: an additional 7,030 square feet of library facility space, including furniture,
fixtures and collection materials. The public facilities are further described in Chapter XI and
Appendix H 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 XI and Appendix H of the Report.
C. After considering Chapter X~I and Appendix H 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 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 XI and
Appendix H 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 capital projects necessary to maintain service within the existing service areas. The City
currently provides public libraries to the community and the 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 1 of the Government Code
("Mitigation Fee Act"), commencing with Section 66000, and Section 54 of the City of Petaluma
Charter, and Chapter 17.14 of the Petaluma Municipal Code, collectively and separately.
Resolution No. 2008-090 N.C.S. Page 3
F. The Record establishes:
1. That there is a reasonable relationship between the use of the Library
Facilities Impact Fee set forth in this Resolution (payment for certain listed capital improvements
and collections additions) 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 XI and Appendix H of the Report; and
2. That there is a reasonable relationship between the need for the Facilities
listed in Chapter XI and Appendix H 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 fro the Facilities listed in Chapter XI and Appendix H 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 XI and Appendix H 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
4. That the estimates set forth in Chapter XI and Appendix H 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
collections additions; 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 XI and Appendix H of the Report are detailed analyses of how public
services will be affected by 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 City Council considered the effects of the
Fee with respect to the City's housing needs as established in they housing element of the General
Plan.
L 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.
Resolution No. 2008-090 N.C:S. Page 4
ADOPTION OF FEE
NOW, THEREFORE, BE IT RESOI..VED,
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.
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 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;
Resolution No. 2008-090 N.C.s. Page 5
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
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. Library Facilities Impact Fee Imposed.
Pursuant to the Mitigation Fee Act and Chapter 17.14 of the City of Petaluma
Municipal Code, a Library 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 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
Resolution No. 2008-090 N.C.S. Page 6
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 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 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.
b. The amount of the Fee for Mixed Development shall be the sum of the
Resolution No. 2008-090 N.C.S. Page 7
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. Desi>;nation 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. 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
library 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.
Resolution No. 2008-090 N.C.S. Page 8
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, 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.
8. Use of Fee Revenue.
The revenues raised by payment of the Fee shall be placed in a separate, interest
bearing account to permit accounting for such revenues and the interest that they generate. Such
revenues and interest shall be used only for the Facilities and the purposes for which the Fee was
collected, which are the following:
a. To pay for 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
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:
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
Resolution No. 2008-090 N.C.S. Page 9
of this section, such current Facility cost shall be the amount listed in the Reports 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 Reports.
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.
Resolution No. 200&090 N.C.S. Page 10
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 increase or decrease annually by the same percentage as
the latest "Engineering News Record Construction Cost Index20 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. 2008-090 N.C.S. Page I I
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: I hereby certify the foregoing Resolution was introduced and adopted by the Appro ed a~ to
Council of the City of Petaluma at a Regular meeting on the 19`h day of May, 2008, I fo m~
by the following vote: t I ;
AYES: Barrett, Harris, Nau, O'Brien, Vice Mayor Rabbitt, Mayor "I'orliatt
NOES: None
ABSENT: Freitas
ABSTAIN: None
ATTEST:
Deputy City Clerk
City
Resolution No. 2008-090 N.C.S. Page 12
EXIIIBIT A
LIBRARY FACILITIES IMPACT FEE
Land Use Type Fee Amount Unitof 1VIeASUrernent
Single Family Residential $586 Unit
Multifamily Residential $395 Unit
Commercial $111 1,000 square feet of building space
Office $106 1,000 square feet of building space
.Industrial $68 1,000 square feet of building space
Resolution No. 2008-090 N.C.S. Page 13