HomeMy WebLinkAboutResolution 2008-088 N.C.S. 05/19/2008Resolution No. 2008-088 N.C.S.
of the City of Petaluma, California
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
UPDATING THE FIRE SUPPRESSION FACILITIES IMPAC'T' FEE FOR FUTURE
DEVELOPMENT WITHIN THE CITY OF PETALUMA AND SUPERSEDING SUCH
FEE UPDATED BY RESOLUTION N0.2003-207 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 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 City Council of the City of Petaluma last updated the Fire Suppression
Facilities Impact Fee by Resolution No. 2003-207 N.C.S., adopted October 27, 2003; and
WHEREAS, by Resolution No. 2007-2D2 N.C.S., adopted December 3, 2007, the City
Council has given notice of its intent to update the Fire Suppression Facilities Impact Fee for
new residential and non-residential development; and
WHEREAS, the General Plan area is shown on the land use maps contained in the
General Plan; and
WHEREAS, Goal 1-G-6 of Chapter 1 of the General Plan provides thafthe 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 coincides with demand;" and
Resolution No. 2008-088 N.C.S. Page 1
WHEREAS, Goal 7-G-5 of Chapter 7 of the General Plan provides that the goal of fire
protection is to "Protect lives, property, and the environment by providing the highest quality of
service in prevention, fire protection, emergency medical services, and community
preparedness"; and
WHEREAS, Policy 7-P-17 of Goa17-G-5 of Chapter 7 of the General Plan provides that
the City should "Achieve and maintain a minimum ratio of one fire suppression personnel per
1,000 population served or a similar level of response service to meet increased call volumes";
and
WHEREAS, Policy 7-P-18 of Goal 7-G-5 of Chapter 7 of the General Plan provides that
the City should "Ensure facilities, equipment and personnel are adequate to maintain quality
service demands of the community, including but not limited to: fire suppression, Advanced Life
Support (ALS), rescue, fire prevention, education, CUPA, and disaster preparedness and
management"; and
WHEREAS, Program (C) of Policy 7-P-180 of Goal 7-G-5 of Chapter 7 of the General
Plan provides that the City should "Maintain and modernize emergency response facilities,
including fire stations, as needed to accommodate population growth"; and
WHEREAS, Policy 7-P-19 of Goal 7-G-5 of Chapter 7 of the General Plan provides that
the City should "Maintain four minute travel time for a total of 6-minute response time for
emergencies within the City;" and
WHEREAS, Program (A) of Policy 7-P-21 of Goal 7-G-5 of Chapter 7 of the General
Plan states that the City should "Provide a third ALS ambulance within the Petaluma Fire
Department"; and
WHEREAS, a study of the impacts of contemplated future development on existing
public facilities related to fire fighting and fire suppression in the City of Petaluma, along with
an analysis of the need for new fire-related public facilities and improvements required by future
developments, was prepared by Sinclair & Associates, dated May 8, 2008 entitled "City of
Petaluma Mitigation Fee Report"
WHEREAS, the General Plan, EIR, and Report describe the municipal public facilities
necessary to provide adequate fire fighting and fire suppression .services in the City, including
relocation and new construction for existing Station #1, refurbishing of existing Station #2 and
Station #3, and acquisition of necessary equipment, including a ladder truck, ALS ambulance,
and additional firefighter protective equipment; and
WHEREAS, the General Plan, the EIR, and the Report describes the impacts of
contemplated future development, both residential and non-residential, on existing public
facilities in the City of Petaluma and contains an analysis of the need for new municipal public
facilities required by future development within the City of Petaluma for fire fighting and fire
suppression services, relocation of an existing station, refurbishment of existing station space,
and acquisition of necessary equipment; and
Resolution No. 2008-088 N.C.S. Page 2
WHEREAS, the Report sets forth the relationship among contemplated future
development, the needed facilities and services, and the estimated costs of those improvements
and services; and
WIIEREAS, in accordance with the 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
WIIEREAS, 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 section 6062a of the Government
Code.
FINDINGS
WIIEREAS, the City Council finds as follows:
A. The purpose of the Fire Suppression Facilities Fee (hereafter "Fee") is to finance
municipal public facilities to reduce the impacts caused by future developments in the City.
Such facilities, which are specifically described in Chapter IV and Appendix B of the Report
include the following: relocation and construction of Station #1, refurbishment of Station #2 and
Station #3, acquisition of a ladder truck and ALS ambulance, and acquisition of necessary
firefighter protective equipment to maintain existing service levels ("Facilities").
B. The Fee collected pursuant to this resolution shall be used to finance the Facilities
described in Chapter IV and Appendix B of the Report.
C. After considering Chapter IV and Appendix B 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 Chapter IV and Appendix B of the Report; the City
Council further finds that the future development in the City will generate the need for the
Facilities, and that the Facilities are consistent with the City's General Plan.
D. The adoption of the Fee as it relates to development within the City of Petaluma is
to obtain funds for capital projects necessary to maintain service within the existing service
areas; the Fee will be used to maintain current service levels; and no existing deficiencies have
been found to exist. 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)).
Resolution No. 2008-088 N.C.S. Page 3
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.
F. The Record establishes:
1. That there is a reasonable relationship between the need for the Facilities
and the impacts of the types of development for which the corresponding Fee is charged in that
new development in the City of Petaluma-both residential and non-residential-will generate
persons who live, work, and/or shop in the City and who generate or contribute to the need for
the Facilities; and
2. That there is a reasonable relationship between the Fee's use (to pay for
the construction of the Facilities) and the type of development for which the Fee is charged in
that all development in the City of Petaluma-both residential and non-residentialgenerates or
contributes to the need for the Facilities; and
3. That there is a reasonable relationship between the amount of the Fee and
the cost of the Facilities or portion thereof attributable to development in the City of Petaluma in
that the Fee is calculated based on the number of residents or employees generated by specific
types of land uses, the total amount it will cost to construct or acquire the Facilities, acid the
percentage by which development within the City of Petaluma contributes to the need for the
Facilities; and
4. That the cost estimates set forth in the Report is reasonable cost estimates
for constructing or acquiring the Facilities, and the Fees expected to be generated by future
development will not exceed the projected costs of constructing or acquiring the Facilities; and
5. The method of allocation of the Fee to a particular development bears a
fair and reasonable relationship to each development's burden on, and benefit from, the Facilities
to be funded by the Fee, in that the Fee is calculated based on the number of residents or
employees each particular development will generate.
G. The Report is a 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 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 the
administration and compliance of the Fee program, which is estimated by the City to be
approximately three percent (3%) of the amount of the Fee.
Resolution No. 2008-088 N.C.S. Page 4
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
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 fire suppression and fire protection services. "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 Uses" 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
Resolution No. 2008-088 N.C.S. Page 5
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 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 Uses" 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" shall mean detached, single-family dwelling unit
development as defined in the California Builders Standards Code, as adopted by the City.
2. Fire Suppression Facilities Fee Imposed.
Pursuant to the "Mitigation Fee Act," a Fire Suppression 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 residential
Development within Mixed Development.
Time for Imposing Fee for Residential Subdivisions.
In accordance with Government Code Section 65961, the Fee for residential subdivision
Development for which tentative or parcel maps are required pursuant. to the Subdivision Map
Resolution No. 2008-088 N.C.S. Page 6
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 suchresidential 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 forsuch 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 California Health and Safety Code Section 50079.5 at an affordable.
rent, as defined in California Health and Safety Code Section 50053, the payment procedures in
California 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.
Resolution No. 2008-088 N.C.S. Page 7
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 Single-Family and Multi-Family Development within a Mixed Development.
2. The applicable amount per 1,000 square feet of Development
pursuant to Section 5(a), above, for each Commercial, Office, or Industrial Development or
portion of such Development within a Mixed Development.
6. Designation of Developments.
Nonresidential Developments, other than Mixed Developments (but including non-
residential Development within Mixed Developments) that are not within the 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 any of the following:
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 fire
facilities has been paid to the City within the prior ten year period. The exemption provided 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. 2008-088 N.C.S. Page 8
5. 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 the
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 Revenues.
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 Facilities
which are oversized with supplemental size, length, or capacity; 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 Facility, as approved by the City Engineer. However, in no
Resolution No. 2008-088 N,C.S. Page 9
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 a 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 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.
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 needs for the Facilities are 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.
l 1. 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 Program each year, the approximate
location, size, time of availability and estimates of cost for all Facilities to be financed with the
Resolution No. 2008-088 N.C.S. Page 10
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 balances
are to be put and demonstrating a reasonable relationship between the Fee and the purpose for
which it is charged.
13. Subsequent Analysis 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 inchtded in the City's
General Plan. The City Council may revise the Fee to incorporate the findings and conclusions
of further studies and any standards in the EIR and General Plan, as 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 Costs Index-20 City Average" (ENR-CCI)
comparing the most recent index to the index in the month of the adoption of the fees, or the
index used for the prior adjustment of the fees. The Finance Director shall compute the increase
or decrease in such Fees. 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 in 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. 2008-088 N.C.S. Vage 1 1
18. Supersecession/Repeal/Savin;;s.
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 A1~"prov.~d as to
Council of the City of Petaluma at a Regular meeting on the 19`~ day of May, 2008, ~ ~~`.. f~ m:
by the following vote: ~ ~,
AYES: Barrett, Harris, Nau, O'Brien, Vice Mayor Rabbitt, Mayor Torliati
NOES: None
ABSENT: Freitas
ABSTAIN: None
ATTEST:
Deputy City Clerk
ey
Resolution No. 2008-088 N.C.S. Nage 12
EXI~IBIT A
FIRE SUPPRESSION FACILITIES IMPACT FEE
Land Usc ~C~pe Fee'Aanount Unit oflVleasure~nent
Single Family Residential $761 Unit
Multiple Family Residential $512 Unit
Commercial $144 1,000 square feet of building space
Office Uses $138 1,000 square feet of building space
Industrial Uses $88 1,000 square feet of building space
Resolution No. 2008-088 N.C.S. Page 13