HomeMy WebLinkAboutResolution 2008-086 N.C.S. 05/19/2008Resolution No. 2008-086 N.C.S.
of the City of Petaluma, California
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
UPDATING THE AQUATIC CENTER FACILITIES IMPACT FEE FOR FUTURE
llEVELOPMENT WITHIN THE CITY OF PETALUMA AND SUPERSEDING SUCH
FEE ADOPTED BY RESOLUTION N0.2003-213 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 Aquatic Facilities Impact Fee by
Resolution No. 2003-213 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 Aquatic 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 coincides with demand,"; and
Resolution No. 2008-086 N.C.S. Page 1
WHEREAS, Policy 6-P-13 of Goal 6-G-1 of Chapter 6 of the General Plan provides that
the City should "Recognize, maintain, and improve aquatics programs as a key element of
Petaluma's Parks and Recreation Services"; and
WHEREAS, Program (C) of Policy 6-P-L3 of Goa16-G-1 of Chapter 6 of the General
Plan provides that the City should "Produce an Aquatic Plan to ensure that a full range of aquatic
programs are provided in Petaluma" and that the Aquatic Plan "shall analyze the projected
population and demographic changes in Petaluma and the anticipated impact of those changes on
the future demand for aquatic facilities and programs";"evaluate the current capacity of
Petaluma's aquatic facilities, taking into consideration the impact of proposed development
adjacent to the Petaluma Swim Center site and beyond, and project the viability of those facilities
to meet the projected demand"; "shall identify improvements, enhancements or replacement of
existing facilities, including considerations of disabled access in selecting the location, design
and capacity of new facilities"; and
WHEREAS, Chapter 17.14 of the Petaluma Municipal Code authorizes a development
impact fee to pay for community facilities; and, .
WHEREAS, Resolution No. 2003-213 N.C.S. created a separate fee for aquatic 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 aquatic 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 aquatic facilities in the City, along with an analysis of the need for new
aquatic 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 hereby incorporated by reference; and
WHEREAS, the General Plan, EIR, and Report describe the municipal public facilities
necessary to provide adequate aquatic services in the City, including construction of an aquatic
complex with a 50 meter lap pool and 4,500 square foot recreation pool; and
WHEREAS, the General Plan, the EIR, and the Report describe the impacts of
contemplated future development on existing public facilities in the City of Petaluma and contain
an analysis of the need for new municipal public facilities required by future development within
the City of Petaluma, including construction of an aquatic complex with a 50 meter lap pool and
4,500 square foot recreation pool; and
WHEREAS, the Report sets forth the relationship among contemplated future
development, the needed facilities, and the estimated cost of those improvements; 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
Resolution No. 2008-086 N.C.S. Page 2
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 the 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 Aquatic Center Facilities Impact Fee ("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: construction of a 50 meter lap pool and a 4,500 square foot recreation pool. The
public facilities are further described in Chapter VI and Appendix D of the Report and further
described in pages 102 through 103 of the City of Petaluma Capital Improvement Plan Budget,
FY 2007-2008 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 VI and Appendix D of the Report.
C. After considering Chapter VI and Appendix D 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 VI and
Appendix D 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 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)).
E. In adopting the Fee, the Council is exercising its powers under Article XI, §§ 5
and 7 of the California Constitution, Chapter 5 of Division 1 of the Government Code
("Mitigation Fee Act"), commencing with Section 66000, and Section 54 of the City of Petaluma
Charter, 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 and that
Resolution No. 2008-086 N.C.S. Page 3
new development in the City of Petaluma-both residential and non-residential-will generate
persons who live, work, and/or shop in Petaluma 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 -both residential and non-residential-generates 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 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, and the percentage by
which development within the City of Petaluma contributes to the need for the Facilities; and
4. 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 cost 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 analysis 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 the housing element of the General
Plan.
The Fee amounts set forth in Exhibit A include the reasonable cost 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, TIIEREFORE, 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, No. 2299 N.C.S., or any successor ordinance, for facilities
Resolution No. 2008-086 N.C.S. Page 4
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 Reports; and (3) that the revenue from the Fee
will be used only to pay new development's fair and proportionate share of the alternative
facilities.
d. "Industrial" shall mean any development constructed or to be constructed
on land having a General Plan 2025 land use or zoning designation as established in the
Implementing Zoning Code, Ordinance No. 2299 N.C.S., or any successor ordinance, for the
manufacture, production, 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
Resolution No. 2008-086 N.C.S. Page 5
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. 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. Aquatic Center Facilities Impact Fee Imposed.
Pursuant to the Mitigation Fee Act and Chapter 17.14 of the City of Petaluma
Municipal Code, an Aquatic 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 hereto and
made a part of this Resolution, including each portion of such Development within. Mixed
Development.
3. Tune 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 Section 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 Residential and Multiple Family Residential
subdivisions, shall be as specified in Section 4, below.
Resolution No. 2008-086 N.C.S. Page 6
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
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
Resolution No. 2008-086 N.C.S. Page 7
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.
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
aquatic 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
Resolution No. 2008-086 N.C.S. Page 8
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. Revenue.
The revenues raised by payment of the .Fee shall be placed in a separate, interest
bearing account to permit accounting for such revenues and the interest that they generate. Such
revenues and interest shall be used only for the Facilities and the purposes for which the Fee was
collected, which are the following:
a. To pay for design, engineering, right-of--way or land acquisition and
construction and/or acquisition of the Facilities and reasonable costs of outside consultant. studies
related thereto;
b. To reimburse the City for the Facilities constructed by the City with funds
from other sources including funds from other public entities, unless the City funds were
obtained from grants or gifts intended by the grantor to be used for the Facilities.
c. To reimburse developers who have designed and constructed any of the
Facilities with prior City approval and have entered into an agreement, as provided in Section 9,
below; and
d. To pay for and/or reimburse costs of program development and ongoing
administration of the Fee program, including, but not limited to, the cost of studies, legal costs,
and other costs of updating the Fee.
9. Credits and Reimbursement for 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:
a. Credit Amount.
The credit shall be in the amount of the lowest bid received for
construction of the facility, as approved by the City Engineer. However, in no event shall a
credit pursuant to this provision exceed the current facility cost. For the purposes of this section,
such current facility cost shall be the amount listed in the Report for the particular facility, as
subsequently adjusted pursuant to Sections 13 and 14 of this Resolution prior to issuance of the
building permit for that facility. Once issued, credit pursuant to this section shall not be adjusted
Resolution No. 2008-086 N.C.S. Page 9
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 particularproject until the credit is exhausted or an excess credit results. The
total credit shall be divided by the number of units or square footage of building space (or
combination thereof for a Mixed Use Development) to determine the amount of credit which can
be applied against the Fee for each unit of measurement and, if the credit per unit of measure is
less than the Fee per unit of measurement, the developer shall pay the difference for each
residential unit or square footage of building space.
Reimbursement for Excess Credit.
Reimbursement for excess credit. shall only be from remaining unspent
Fee revenues. Once all the Facilities. have been constructed or acquired, and to the extent Fee
revenues are sufficient to cover all claims for reimbursement of Fee revenues, including
reimbursement for excess credit, developers with excess credit shall be entitled to
reimbursement, subject to such developers certifying in writing to the City that the cost of
constructing the facility that resulted in an excess credit was. not passed on to homeowners, and
indemnifying the City from land-owner claims for reimbursement under the Mitigation Fee Act,
and Section 66001 in particular. If remaining Fee revenues after all of the Facilities have been
constructed or acquired are insufficient to cover all claims for reimbursement of Fee revenues,
such claims, including claims for reimbursement of excess credit, shall be reimbursed on a pro
rata basis in accordance with applicable law.
10. Standards.
The standards upon which. the need for the Facilities is based are the standards of
the City, including the standards contained in the General Plan and EIR and those City standards
reflected in the Report.
11. Existing Deficiencies.
There are no existing deficiencies.
12. Periodic Review.
a. During each fiscal year, the City Manager shall prepare a report for the
City Council, pursuant to Government Code Section 66006, identifying the balance of Fee
revenues in the Fee account.
b. Pursuant to Government Code Section 66002, the City Council shall also
review, as part of any adopted City Capital Improvement Plan each year, the approximate
location, size, time of availability and estimates of cost for all Facilities to be financed with the
Fee. The estimated costs shall be adjusted in accordance with appropriate indices of inflation.
Resolution No. 2008-086 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 escalate or decrease annually by the same percentage the
latest "Engineering News Record Construction Cost Index-20 City Average" ("Index")
annually escalates or decreases. The adjustment shall be based on a comparison of the most
recent Index to the Index in the month of adoption of the Fee, or the Index used for the prior
adjustment of~the Fee. The Finance Director shall compute the increase or decrease in such Fee.
The first adjustment will take effect on the second July 1st following the adoption of this
resolution and each subsequent July 1st.
15. Administrative Guidelines.
The Council may, by resolution, adopt administrative guidelines to provide
procedures for calculation, credit, reimbursement, or deferred payment and other administrative
aspects of the Fee. Such guidelines may include procedures for construction of designated
Facilities by developers.
16. Effective Date.
This resolution shall become effective on the effective date of General Plan 2025.
In accordance with California Government Code Section 66017, the Fee imposed pursuant to
Section 2 shall be effective 60 days from the effective date of this resolution.
17. Severability.
Each component of the Fee and all portions of this resolution are .severable.
Should any individual component of the Fee or other provision of this resolution be adjudged to
be invalid and unenforceable, the remaining component or provisions shall be and continue to be
fully effective, and the Fee shall be fully effective except as to that component that has been
judged to be invalid.
Resolution No. 2008-086 N.C.S. Page 1
18. Supersession/Repeal/Savings Clause.
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 App oved a~ to
Council of the City of Petaluma at a Regular meeting on the 19`~ day of May, 2008, ~ \
by the following vote: , `\
AYES: Barrett, Harris, Nau, O'Brien, Vice Mayor Rabbitt, Mayor Torliatt
NOES: None
ABSENT: Freitas
ABSTAIN: None
ATTEST:
Deputy City Clerk
City Atto~yt5ey
Resolution No. 2008-086 N.C.S. Page 12
EXHIBIT A
AQUATIC CENTER FACIIJITIES IMPACT FEE
Land USe Type Fee Amount Unit oflVleasurement
Single Family Residential $326 Unit
Multifamily Residential $220 Unit
Commercial $62 1,000 square feet of building space
Office $59 1,000 square feet of building space
Industrial $38 1,000 square feet of building space
Resolution No. 2008-086 N.C.S. Page 13