HomeMy WebLinkAboutResolution 2008-087 N.C.S. 05/19/2008Resolution No. 2008-087 N.C.S.
of the City of Petaluma, California
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
UPDATING THE COMMUNITY CENTER FACILITIES IMPACT FEE TO PROVIDE
FOR EXPANSION OF COMMUNITY CENTER FACILITIES FOR FUTURE
DEVELOPMENT WITHIN THE CITY OF PETALUMA AND SUPERSEDING SUCH
FEE ADOPTED BY RESOLUTION NO. 2003-208 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. 058-2008
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 Community Center Facilities
Impact Fee by Resolution No. 2003-208 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 Community Center 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 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
Resolution No. 2008-087 N.C.S. Page 1
WHEREAS, Goa16-G-4 of Chapter 6 of the General Plan provides that the City should
"Support and value the health, education, social activities and overall well-being of our citizens,
regardless of age;" and
WHEREAS, Policy 6-P-22 of Goal 6-G-4 of the General Plan provides in part that "It is
the City's policy to support. and value the health, education, social activities and overall well-
being of our youth"; and
WHEREAS, Policy 6-P-24 of Goal 6-G-4 of the General Plan provides that the City
should "Recognize the unique needs of Petaluma seniors" and Program (A) of Policy 6-P-24
provides that the City should "Maintain the Adult/Senior Center and continue to support senior
activity programs"; and Program (B) of Policy 6-P-24 provides that the City should "Renovate
the Cavanagh Recreation Center in order to expand recreational programming including
activities for adults/seniors"; and
WHEREAS, Goal 6-G-5 of the General Plan provides that the City should "Recognize
the inherent value to Petaluma's quality of life provided through music, theater, dance, visual,
and literary arts, and cultural programs"; and
WHEREAS, Policy 6-P-26 of Goa16-G-5 of the General Plan provides that the City
should "Encourage, develop and support arts programs throughout the community that provide
for the continued success of musical, theatrical, artistic, and cultural traditions and events in
Petaluma" and Program (A) of Policy 6-P-26 provides that. the City should "Identify, renovate
and/or expand places for music, art, and cultural activities to take place (such as, but not limited
to, the Polly Hannah Klaas Performing Arts Center and the Petaluma Arts Center)"; and
WHEREAS, community and recreation services are currently provided at the Jack
Cavanaugh Recreation Center, Polly Klaas Performing Arts Center, Kenilworth Teen Center,
Petaluma Museum, Petaluma Community Center, and Petaluma Senior Center, which total
approximately 72,328 square feet, and to maintain this current standard for community center
services through General Plan build-out, an additional 19,840 square feet of community and
recreation services provided at these community center facilities is required (Source: City of
Petaluma Mitigation Fee Report, Sinclair & Associates, May 8, 2008, pg. 47.)
WHEREAS, Chapter 17.14 of the Petaluma Municipal Code authorizes a development
impact fee to pay for community facilities; and,
WHEREAS, Resolution No. 2003-208 N.C.S. created a separate fee for community
center 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 community center 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 community center and public use services in the City of Petaluma,
along with an analysis of the need for constructing new community center and public use
Resolution No. 2008-087 N.C.S. Page 2
facilities required by future development, was prepared by Sinclair & Associates, dated May 8,
2008 entitled "City of Petaluma Mitigation Fee Report" ("Report"), on file in the Office of the
City Clerk, and which is hereby made a part of this resolution by reference. The Report lists the
additional community center space necessary to maintain the current level of community center
services provided to the community and thereby meet the demands of new residents for those
services through build out under the General Plan. The Report estimates the cost in current
dollars of those improvements, assigns the portion of those costs attributable to new
development, and calculates the fees necessary to raise the revenue necessary to pay for the
portion of the improvement cost 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 community center facilities improvements needed to
accommodate new development including (1) an inventory of the existing community center
facilities; (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 community center
facilities improvements identified as necessary to meet the demands of the estimated increases in
the City's service population by 2025; and
WHEREAS, in accordance with Government Code Section 66016, at least fourteen (14)
days prior to the public hearing at which this resolution was adopted, notice of the time and place
of the hearing was mailed to eligible interested parties who filed written requests with the City
for mailed notice of meetings on new or increased fees or service charges; and
WHEREAS, in accordance with Government Code Section 66016, the Reports were
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 the resolution
was adopted was given by publication in accordance with Government Code Section 6062a.
FINDINGS
WHEREAS, the City Council finds as follows:
A. The purpose of the Community Center 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 19,840 square feet of community center facilities, including
furniture and fixtures to equip the new community center facilities space. The public facilities
are further described in Chapter XII and Appendix I of the Report and are hereafter referred to as
the "Facilities."
B. The Fee collected pursuant to this resolution shall be used to finance the Facilities
described in Chapter XII and Appendix I of the Report.
Resolution No. 2008-087 N.C.S. Page 3
C. After considering Chapter XII and Appendix I of the Report, the testimony
received at the noticed public hearing at which this resolution was adopted, the accompanying
staff reports, the General Plan, the EIR, and all correspondence received (hereafter "Record"),
the Council approves and adopts the Report and incorporates such herein; the Council further
finds that the future development. in the City of Petaluma will generate the need for the Facilities
described in Chapter XII and Appendix I of the Report, and the Facilities are consistent with the
City's General Plan.
D. The adoption of the Fee as it relates to development in the City of Petaluma is to
obtain funds for capital projects necessary to maintain service within the existing service areas.
The City currently provides community center facilities 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 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 ,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 use of the Fee set forth
in this resolution (payment for additional community center space) 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 XII and Appendix I
of the Report; and
2. That there is a reasonable relationship between the need for the Facilities
listed in Chapter XII and Appendix I of the Report and the type of development projects on
which the Fee set forth in this resolution is imposed in that new residential and non-residential
development in the City will generate persons who live, work, and/or shop in Petaluma and who
generate or contribute. to the need for the Facilities listed in Chapter XII and Appendix I 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 XII and Appendix I 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 XII and Appendix I 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,
Resolution No. 2008-087 N.C.S. Page 4
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 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 XII and Appendix I of the Report are detailed analyses of how public
services will be affected by development in the City and the public facilities required to
accommodate that development.
H. The Fee imposed by this resolution is consistent with the General Plan and,
pursuant to Government Code Section 65913.2, the City Council considered the effects of the
Fee with respect to the City's housing needs as established in the housing element of the General
Plan.
I. The Fee amounts set forth in Exhibit A include the reasonable costs of
administration and compliance of the Fee program, which is estimated by the City to be
approximately three percent (3%) of the Fee.
ADOPTION OF FEE
NOW, 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.
Resolution No. 2008-087 N.C.S. Page. S
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.2399 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.
f. "Multifamily Residential" shall mean any residential Development that
does not qualify as detached single family dwelling unit Development as defined in the
California Building Standards Code, as adopted by the City.
g. "Office" shall mean. any development constructed or to be constructed on
land having a General Plan 2025 land use or zoning designation, as established in the
Implementing Zoning Ordinance, Ordinance No. 2399 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;
Resolution No. 2008-087 N.GS. Page 6
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. Community Center Facilities Impact Fee Imposed.
Pursuant to the "Mitigation Fee Act" and Chapter 17.14 of the City of Petaluma
Municipal Code, a Community Center 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 and each portion of non-residential development within Mixed Development.
3. Time for Imposing Fee.
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 Act (Government Code Sections 66410 et seq.) shall be imposed at the time of
approval of the conditions that apply to the tentative or parcel map for such residential
subdivision Development, as applicable. Payment of the Fee shall be deemed to be a condition
of all such tentative or parcel maps. Notwithstanding this Section 3, the time for payment of the
Fee for all Development, including Single Family and Multiple Family subdivisions, shall be as
specified in Section 4, below.
4. Time for Fee Pam.
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
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.
Resolution No. 2008-087 N.C.S. Page 7
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.
b. The amount of the Fee for Mixed Development shall be the sum of the
following, as applicable:
1. The applicable amount per unit pursuant to Section 5(a), above, for
each residential development within a Mixed development.
2. The applicable amount per 1,000 square feet of Development
pursuant to Section 5(a), above, for each nonresidential development or portion of such
development within a Mixed Development.
6. Designation of Developments.
Nonresidential Developments, other than Mixed Developments (but including
non-residential within Mixed Developments) that are not within the definition of a use defined in
this resolution shall be assigned to one of the defined use categories by the City Manager for
purposes of imposition and charging of the Fee. The City Manager shall assign such categories
as consistently as possible within the definitions of such- categories established pursuant to this .
resolution or as later amended by the City Council. The City Manager may also designate
Development as Multifamily or Single Family based on the actual number of dwelling units per
structure within the Development.
Resolution No. 2008-087 N.C.S. Page 8
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
community center facilities and services has been paid to the City within the prior ten year
period. The exemption in this subsection shall be in the amount of the previously paid fee only,
and the applicant shall pay any additional amount based on the then-current Fee.
Any addition to an existing non-residential structure of 500 square
feet or less.
b. The City Council, in its discretion, may waive the applicability of the Fee
to certain Development constructed or to be constructed by a public entity on land having. an
appropriate General Plan land use designation upon findings of the City Council that such a
waiver is in the interest of the public health, safety, and/or welfare, for reasons specified in
findings. Such reasons may include, but are not limited to, that the Fee, as it would apply to such.
Development by a public entity, will be sufficiently recovered in whole or in part from
residential development the residents of which may constitute the primary users of the public
entity Development.
Use of Fee Revenue.
The revenues raised by payment of the Fee shall be placed in a separate, interest
bearing account to permit accounting for such revenues and the interest that they generate. Such
revenues and interest shall be used only for the Facilities and the purposes for which the Fee was
collected, which are the following:
Resolution No. 2008-087 N.C.S. Page 9
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 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 forthe developer's commitment to
construct the Facilities and shall refer to this Resolution for credit and reimbursement. If the
City enters into such an agreement with a developer prior to construction of one or more of the
Facilities, the City shall provide the developer a credit in accordance with the following:
a. Credit Amount.
The credit shall be in the amount of the lowest bid received for
construction of the 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
applicable to a particular project until the credit is exhausted or an excess credit results. The
total credit shall be divided by the number of units or square footage of building space (or
combination thereof for a Mixed Use Development) to determine the amount of credit which can
be applied against the Fee for each unit of measurement and, if the credit per unit of measure is
less than the Fee per unit of measurement, the developer shall pay the difference for each
residential unit or square footage of building space.
Resolution No. 2008-087 N.C.S. Page ] 0
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 and
Section 66001 in particular. If remaining Fee revenues after all of the Facilities have been
constructed or acquired are insufficient to cover all claims for reimbursement of Fee revenues,
such claims, including claims for reimbursement of excess credit, shall be reimbursed on a pro
rata basis in accordance with applicable law.
10. Standards.
The standards upon which the need for the Facilities is based are the standards of
the City, including the standards contained in the General Plan and EIR and those City standards
reflected in the Report.
11. Existing Deficiencies.
There are no existing deficiencies.
12. Periodic Review.
a. During each fiscal year, the City Manager shall prepare a report for the
City Council, pursuant to Government Code Section 66006, identifying the balance of Fee
revenues in the Fee account.
b. Pursuant to Government Code Section 66002, the City Council shall also
review, as part of any adopted City Capital Improvement Plan each year, the approximate
location, size, time of availability and estimates of cost for all Facilities to be financed with the
Fee. The estimated costs shall be adjusted in accordance with appropriate indices of inflation.
The City Council shall make findings identifying the purpose to which the existing Fee revenue
balances are to be put and demonstrating a reasonable relationship between the Fee and the
purpose for which it is charged.
13. Subsequent Analysis and Revision of the Fee.
The Fee set forth herein is adopted and implemented by the City Council in
reliance on the Record identified above. The City will continue to conduct further study and
analysis to determine whether the Fee should be revised. When additional information is
available, the City Council may review the Fee to determine that the Fee amounts are reasonably
related to the impacts of development within the City of Petaluma and within areas included in
the City's General Plan. The City Council may revise the Fee to incorporate findings and
Resolution No, 2008-087 N.C.S. Page 1 1
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").
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 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 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.
Resolution No. 2008-087 N.C.S. Page 12
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~as to
Council of the City of Petaluma at a Regular meeting on .the 19`h day of May, 2008, ~ ~ form:
by the following vote: ~,~ , ~~
AYES: Barrett, Harris, Nau, O'Brien, Vice Mayor Rabbitt. Mayor Torliatt
NOES: None
ABSENT: Freitas
ABSTAIN: None
r
ATTEST:
eputy City Clerk
City A
Resolution No. 2008-087 N.C.S. Page 13
EX~-II~~'I' A
COMMUNITY CENTER FACILITIES IMPACT FEE
`Land Ilse Type _~ Fee Amount. Unit ofMeasurement
Single Family Residential $1,376 Unit
Multifamily Residential $927 Unit
Commercial $261 1,000 square feet of building space
Office $249 1,000 square feet of building space
Industrial $159 1,000 square feet of building space
Resolution No. 2008-087 N.C.S. Page 14