HomeMy WebLinkAboutStaff Report 5.C 07/07/2014Agenda Item #5.0
DATE: July 7, 2014
TO: Honorable Mayor and Members of the City Council through the City Manager
FROM: Larry B. Anderson, Fire Chief 'C
SUBJECT: Resolution Amending the Classification and Compensation Plan by Re -
Establishing the Classification and Pay Range of Fire Inspector and Abolishing
the Classification of Fire Inspector I and Fire Inspector 11 and Revising the
Classification Specification of Fire Marshal and Authorizing the Position
Allocation of Two Fire Inspectors and Eliminating the Allocation of Two Fire
Inspector I Positions in the Fire Department.
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution Amending the
Classification and Compensation Plan by Re -Establishing the Classification and Pay Range of
Fire Inspector and Abolishing the Classification of Fire Inspector I and Fire Inspector 11 and
Revising the Classification Specification of Fire Marshal and Authorizing the Position
Allocation of Two Fire Inspectors and Eliminating the Allocation of Two Fire Inspector I
Positions in the Fire Department.
BACKGROUND
The classification of Fire Inspector was adopted by Resolution No. 1990-147 in March, 1990.
The classification of Fire Inspector was abolished on October 18, 2004 by Resolution No. 2004-
198 and, at the same time, the classification of Fire Inspector I and Fire Inspector II was
established.
After review and study, the Fire Department wishes to return to the single classification of Fire
Inspector and eliminate the classification of Fire Inspector I and Fire Inspector 11.
DISCUSSION:
The Fire Department's Fire Prevention Division is currently staffed with two Fire Inspector I
positions and a Fire Marshal. By way of background, the Fire Inspector I and Fire Inspector 11
job descriptions were developed during a period of intense economic growth in 2004. Part of the
overall plan at the time was to also add a Senior Fire Inspector and possibly a full-time Plans
Aeenda Review:
City Attorney Finance Director City Manage _ -�
Examiner. Other neighboring fire departments were also experiencing tremendous workloads
during this time period due to growth and utilized a similar staffing structure to Petaluma's as
there seemed to be no end to the growth cycle. However, by 2008, the City of Petaluma, along
with other California cities, experienced a significant economic slow -down that resulted in City-
wide layoffs and significant budget cuts. In 2009, the Fire Marshal retired and the Fire Inspector
II was appointed as the Interim Fire Marshal. By May, 2010, the City's revenue and workload
had increased sufficiently enough to hire a part-time Fire Inspector I. In January, 2011, the
Interim Fire Marshal was promoted to the full-time position.
In 2014, the Fire Prevention Bureau revenues have increased to the point where it can support a
full-time Fire Inspector I. The incumbents in the classification/position of Fire Inspector I asked
for clarification with regard to their classification specification and duties and responsibilities.
Human Resources staff reviewed and determined that the classification specifications for Fire
Inspector I, Fire Inspector 11 and Fire Marshal were in need of updating. Working with the
incumbent employees and members of the Fire Department, Bryce Consulting conducted a study
of the work required and classification of work. That work suggests the classification of Fire
Inspector should be re-established and that the classifications of Fire Inspector I and Fire
Inspector II should be eliminated. The new job description is supported by the Firefighters
Association (Local 1415) and also takes career succession planning into account and will allow a
Fire Inspector with appropriate training and experience to compete for the position of Fire
Marshal when that position is vacated. A single Fire Inspector classification also provides more
flexibility in assigning work and allows more opportunities for cross training. In addition, the job
description was written to allow Fire Inspectors to coordinate and utilize volunteers and interns.
There is currently a pool of potential candidates available through the Sonoma State University
and Santa Rosa Junior College firefighting program. In addition, there is a need to implement
new programs, better utilize existing programs and look to improve our use of new technology
for the future.
FINANCIAL IMPACTS
There is no cost increase associated with the recommended action. The salary range for the
classification of Fire Inspector and the salary range of the classification of Fire Inspector I are the
same. The two incumbent Fire Inspector I employees would be re-classified to the
classification/position of Fire Inspector, with no change to their salaries. The Fire Marshal
classification is a revision only and has no change in salary. The two positions of Fire Inspector
and the Fire Marshal are budgeted.
ATTACHMENTS
1. Resolution
2. Exhibit A (Fire Inspector)
3. Exhibit B (Fire Marshal)
Resolution No. 2014 -XXX N.C.S.
of the City of Petaluma, California
RESOLUTION AMENDING THE CLASSIFICATION AND COMPENSATION
PLAN BY RE-ESTABLISHING THE CLASSIFICATION AND PAY RANGE
OF FIRE INSPECTOR AND ABOLISHING THE CLASSIFICATION OF FIRE
INSPECTOR I AND FIRE INSPECTOR II AND REVISING
THE CLASSIFICATION SPECIFICATION OF FIRE MARSHAL
AND AUTHORIZING THE POSITION ALLOCATION OF TWO FIRE
INSPECTORS AND ELIMINATING THE ALLOCATION OF
TWO FIRE INSPECTOR I POSITIONS IN THE FIRE DEPARTMENT
WHEREAS, the City wishes to keep current its Classification and Compensation
Plan; and,
WHEREAS, amendments and/or revisions to the Classification and
Compensation Plan are effective upon approval by the City Council; and,
WHEREAS, the City Manager/Personnel Officer has determined that certain
duties and responsibilities are appropriately allocated to the classifications of Fire
Inspector and Fire Marshal (as attached hereto and marked Exhibit A and B); and,
WHEREAS, the pay range for the classification of Fire Inspector, as listed
below, is hereby recommended effective with the adoption of this Resolution; and,
C7assrficatio nfle
'"n„.:,.,,
a Range der Month
Fire Inspector
$6,118.67-$6,423.73-$6,746.13-$7,082.40-$7,437.73
WHEREAS, the classification of Fire Inspector I and Fire Inspector II, is found
to be unnecessary at the present time and for the foreseeable future.
I
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma:
1. Approves the amendment to the Classification and Compensation Plan as
written in this Resolution, including the amendment in the Competitive
Service of the Personnel System; and
2. Takes this action pursuant to Personnel Code 3.04.020 and Personnel
Rules and Regulations (Rule IV- Classification and Rule V —
Compensation) and that the notice of this action has been properly posted;
and
3. Abolishes the classification of Fire Inspector I and Fire Inspector II; and
4. Authorizes the position allocation of two Fire Inspectors which eliminates the
allocation of two Fire Inspector I positions in the Fire Department.
IV
EXHIBIT A
Fire
CITY OF PETALUMA
CLASS SPECIFICATION
Date: 07/07/2014
Job Class: 07
Summary
To perform technical duties in the perforniance of fire inspections, Certified Unified Program
Agency (CUPA)/Hazardous Materials inspections and public fire education; to perform
investigative work to ensure compliance with laws, ordinances and regulations pertaining to the
prevention and control of fires and the safe storage, handling/use and mitigation of hazardous
materials.
Class Characteristics
General supervision is provided by the Fire Marshal. Employees within this class are expected
to perform the full range of duties as assigned and receive only occasional instruction or
assistance as new or unusual situations arise, and are fully aware of the operating procedures of
the work unit. Positions may provide direction to interns and/or volunteers.
Incumbents in this classification shall hold the rank of Lieutenant and are considered Peace
Officers under Penal Code Section 830.37 (b) when acting in his/her capacity to enforce laws
relating to fire prevention, fire investigation and CUPA/I-Iazardous Materials.
Essential Duties, Skills and Demands of the Position
The duties, skills and demands described herein are representative of those that must be suet by
an employee to successfully perform the essential functions of this job. Reasonable
accommodation(s) may be made to enable individuals with a disabilihr to perforin the essential
duties, skills and demands.
Duties:
Perform annual fire inspections and CUPA/Hazardous Materials inspections and identify
corrective action necessary to bring properties into compliance; prepare detailed reports of fire
inspections performed, code violations observed and corrective action required.
Perform periodic follow-up inspections of new and existing buildings, structures and installations
requiring Fire Department clearances.
Interpret and enforce provisions of fire prevention, hazardous materials and fire safety laws,
ordinances and other regulations.
Perform plan reviews related to fire and life safety code compliance; review and interpret
building fire systems and fire alarm system plans and specifications; identify deficiencies or
deviations from approved plans; consult with applicants, architects and developers, as required.
Perforin fire investigations to determine cause and origin of fire; collect and preserve evidence;
prepare and present investigation findings.
Coordinate hazardous materials response training for Petaluma Fire Department personnel;
assiginients may include acting as Hazardous Materials Coordinator and maintaining hazardous
materials monitoring equipment.
Perform hazardous materials investigations: respond to hazardous materials incidents in the City
of Petaluma; provide mitigation and clean-up Technical Reference assistance to the Incident
Commander.
Fire
Coordinate contaminated soil and/or groundwater cleanup activities after releases; review reports
and remediation plans; coordinate clean-up activities with San Francisco Bay Regional Water
Quality Control Board, Fish and Game and/or other agencies that have jurisdiction.
Investigate and resolve citizen complaints and engine company referrals regarding fire and
CUPA/Hazardous Materials -related matters and violations of fire prevention laws.
Issue corrective orders and citations and assist in the service of arrest warrants, as required.
Develop, coordinate and implement fire prevention programs such as false alarm billing, fire
inspection reporting and hazardous materials management.
Coordinate and implement weed abatement and vegetation management programs.
Provide on-going information, training and support to Petaluma Fire Department personnel
regarding hazardous materials sites within the City of Petaluma and hazardous materials
response tools and fire inspection requirements.
Develop and conduct public education training programs and group presentations related to fire
prevention and fire investigation in conjunction with other fire department personnel.
Provide information to the public regarding fire prevention practices and procedures.
Represent the Petaluma Fire Department at staff and administrative meetings, committees and
related meetings.
Direct and review the work of interns and volunteers, as assigned.
Build and maintain positive working relationships with co-workers, other City of Petaluma
employees and the public using principles of good customer service.
Perform related duties as assigned.
Skills/Abilities:
Perform responsible fire prevention inspection duties for a variety of buildings, structures and
installations.
Apply technical knowledge and inspection techniques to detect deviations from plans,
regulations and standard safety practices.
Apply technical knowledge and implement procedures and techniques used to control hazardous
materials releases.
Utilize techniques for the safe response and mitigation of hazardous materials releases.
Enforce a variety of codes, ordinances and regulations pertaining to fire prevention and
hazardous materials with firmness and tact.
Read and interpret building plans.
Interpret and enforce Federal, State and local fire prevention and hazardous materials codes and
ordinances.
ldentify fire hazards and recommend corrective actions.
I
Fire
Perform fire investigations including identifying types and causes of fire, recognizing,
identifying and preserving evidence, and effectively interviewing witnesses and suspects.
Prepare and present educational materials to a variety of audiences.
Prepare technical reports.
Comprehend and make inferences from written materials.
Operate and use modern office equipment including a computer and applicable software.
Communicate effectively, both verbally and in writing.
Establish and maintain effective working relationships with those contacted in the course of
work.
Physical Demands and Work Environment:
While performing the duties of this job, the employee is regularly required to use hands and
fingers, handle or feel, reach with hands and arms, talk or hear, and taste or smell. The
employee frequently is required to stand, walk, sit and stoop, kneel, crouch or crawl. The
employee is occasionally required to climb or balance. The employee must frequently lift
and/or move up to 10 pounds and occasionally lift and/or move up to 50 pounds. Specific
vision abilities required by this job include close vision, distance vision, color vision, peripheral
vision, depth perception and ability to adjust focus. While performing the duties of this job, the
employee may be exposed to fumes or airborne particles, toxic or caustic chemicals and outside
weather conditions. The employee is frequently exposed to moving mechanical parts. The
employee is occasionally exposed to high, precarious places and risk of electrical shock. The
noise level in the work environment is usually moderate.
Incumbents assigned to this classification, when performing actual fire cause investigations or
other fire prevention activities, will be required to work outdoors in a variety of weather
conditions, such as very hot and/or very cold temperatures.
Incumbents must be able to move debris and dirt or other material using a shovel or rake, walk
over rough, uneven or rocky surfaces, work at heights greater than 10 feet, climb ladders or steps
to reach objects, wear a self-contained breathing apparatus, hear alarms and other auditory
warning devices, observe or monitor objects, such as fire protection equipment and systems,
buildings, underground storage tanks or data, such as underground tank test results.
Incumbents may be required to work in small, cramped areas, use common hand tools, bend or
stoop repeatedly or continually over time, use stomach and lower back muscles to support the
body, perform physical inventories, discriminate among colors or match colors of wiring systems
and color -coded valves and piping, move objects (such as portable generators, tools, equipment
and evidence) weighing up to 50 pounds over long distances, stand or walk for extended periods
of time with the inability to rest at will and use arms above shoulder level.
When not performing duties in the field, incumbents work in an indoor office setting and are
required to enter data into a terminal, PC or keyboard device, produce written documents using
proper grammar, punctuation and spelling, use graphic instructions, blueprints and layouts as part
of the plan review process when checking for code compliance and sit for extended periods of
time with the ability to move at will.
7
Fire
Qualifications
Knowledge of:
Principles, practices and techniques of fire prevention, hazardous materials laws/regulations and
fire investigation.
Federal, State and local fire prevention codes and ordinances.
Arrest, search and seizure procedures.
Principles and techniques of building inspection and plan check.
Practices, procedures and equipment used in fire investigations, including the ability to recognize
and collect evidence.
Procedures and techniques related to the operation of equipment such as fire extinguishers,
sprinkler systems and alarms.
Procedures and techniques used to control and mitigate hazardous materials releases.
Public education material development and presentation methods.
Principles of technical report preparation.
Modern office equipment and procedures, including use of word processing, database and
spreadsheet applications.
Principles of effective customer service.
Education and Experience
Any combination equivalent to the education and experience likely to provide the required
knowledge and abilities would be qualifying. A typical way to gain such knowledge and abilities
would be:
Education:
Equivalent to completion of a certificate program in Fire Technology or Fire Science from an
accredited college. An Associate's degree from an accredited college or university with major
course work in fire science, fire prevention, fire administration, business administration,
engineering, environmental science, hazardous materials management or related field is highly
desirable.
Experience:
Two years of fire prevention experience.
Certifications/Licenses:
Possession of a valid California Class C driver's license.
Possession of Fire Prevention IA, 113 and IC certification, or the new Office of the State Fire
Marshal Fire Inspector IA, 113, 1C and 1D series and Fire Investigation IA and 113.
Possession of Police Officer Standards andTraining(POST) PC 832 certification prior to the
completion of probationary period.
Possession of California Underground Storage Tank Inspector Certification prior to the
completion of probationary period.
Fire Inspector
Completion of the following course requirements from California Office of Emergency Services
(CaIOES) California Specialized Training Institute (CSTI) is desirable: Hazardous Materials
Technician or Specialist certification.
Re-established:
07/07/14 - Resolution # 2014 -XXX N.C.S.
Abolished:
10/18/04 - Resolution # 2004-198 N.C.S.
Established:
On or before 03/90
Department:
Fire
FLSA Status:
Non-exempt
I
EXHIBIT B
Fire Marshal
CITY OF PETALUMA
CLASS SPECIFICATION
Date: 07/07/2014
Job Class: I OFIMR
Summary
To plan, organize, direct and coordinate the work of the Fire Prevention Division within the Fire
Department including fire prevention, code compliance, inspections, arson investigations, fire
education, hazardous materials, the Certified Unified Program Agency (CUPA) program
management and the review of proposed construction for compliance with codes and regulations;
to coordinate Fire Prevention activities with other divisions and departments; to represent the
Division to other City of Petaluma departments, City Council and outside agencies; and to provide
highly complex staff assistance to the Fire Chief.
Class Characteristics
General direction is provided by the Fire Chief. Responsibilities include the direct and indirect
supervision of professional, technical and support services staff.
This classification is commensurate in authority to the Fire Battalion Chief and in addition is
considered a Peace Officer under Penal Code Section 830.37 (b) when acting in the capacity to
enforce laws relating to fire prevention, fire investigation and CUPA/Hazardous Materials.
Essential Duties, Skills and Demands of the Position
The duties, skills and demands described herein are representative of those that must be met by an
employee to successfully perform the essential functions of this job. Reasonable acconunodation(s)
may be made to enable individuals with a disability to peiform the essential duties, skills and
demands.
Duties:
Develop, direct and implement divisional goals, objectives, policies and procedures.
Plan, organize and direct the work of the Fire Prevention Division including commanding,
developing, directing and supervising Fire Prevention Program activities.
Prepare the Fire Prevention Division budget; assist in budget implementation; participate in the
forecast of additional funds needed for staffing, equipment, materials and supplies; administer
approved budget; advise and prepare, or review, reports to the Fire Chief, City Manager, City
Council, boards, commissions and other organizations.
Recommend the appointment of personnel; provide or coordinate staff training; conduct
performance evaluations; implement discipline procedures, as required; maintain discipline and
high standards necessary for the efficient and professional operation of the department.
10
Fire Marshal
Establish and direct schedules and methods for fire inspection, investigation and public education
activities.
Direct, supervise and participate in the review of plans; conduct inspections and investigations of
fire causes and arson cases.
Participate in pre -development planning, working with developers, City Engineer and others, in the
review of development projects.
Direct, supervise and provide oversight for CUPA/Hazardous Materials programs, the California
Environmental Protection Agency (CaIEPA) and CERS California Environmental Report System
(CERS) programs and act as CUPA Manager for the City of Petaluma.
Direct and provide oversight for hazardous materials emergency response and mitigation activities
and programs within the Petaluma Fire Department.
Supervise the activities of the Hazardous Materials Response Coordinator; participate and respond
to hazardous materials emergencies in the City of Petaluma and County -wide, as requested;
coordinate and provide oversight for Fire Department hazardous materials response, mitigation and
monitoring training.
Participate as a member of the Emergency Management Team during Emergency Operations
Center (EOC) activations as assigned, either command staff or general staff.
Prepare or direct the preparation of a variety of studies and reports relating to fire prevention and
inspection; respond to and investigate fires;
Evaluate existing fire safety conditions and Federal, State and local codes applicable to fire safety.
Develop and maintain a variety of records and reports.
Work closely with public and private groups and individuals to explain or coordinate programs and
resolve inspection, investigation and litigation issues; respond to complaints or inquires by phone
or in person.
Plan and conduct public information programs regarding fire prevention; make presentations to
various groups.
Serve as the acting Fire Chief, as assigned.
Build and maintain positive working relationships with co-workers, other City of Petaluma
employees and the public using principles of good customer service.
Represent the division and department to outside agencies and organizations; participate in outside
community and professional groups and committees: provide technical assistance as necessary.
Perform related duties as assigned.
Skills/Abilities:
Organize and direct activities associated with the inspections, fire investigations, CUPA Hazardous
Materials and fire prevention education.
Fire Marshal
Analyze problems and identify alternative solutions; project consequences of proposed actions and
implement recommendations in support of goals.
Gain cooperation through discussion and persuasion.
Interpret and apply City and department policies, procedures, rules and regulations.
Prepare and administer Fire Prevention Division budget.
Investigate fires and determine origin and cause.
Prepare and maintain a variety of records and reports.
Make effective presentations to groups.
Read and interpret construction plans and specifications.
Read, interpret and apply fire safety codes, ordinances and laws.
Effectively present information to senior management, public groups and/or City Council.
Prepare and present clear and concise technical and administrative reports.
Establish and maintain effective working relationships with those contacted in the course of work.
Communicate clearly and concisely, both orally and in writing.
Physical Demands and Work Environment:
While performing the duties of this job, the employee is regularly required to use hands and fingers,
handle or feel, reach with hands and arms, talk or hear, and taste or smell. The employee
frequently is required to stand, walk, sit and stoop, kneel, crouch or crawl. The employee is
occasionally required to climb or balance. The employee must frequently lift and/or move up to
10 pounds and occasionally lift and/or move up to 50 pounds. Specific vision abilities required
by this job include close vision, distance vision, color vision, peripheral vision, depth perception
and ability to adjust focus. While performing the duties of this job, the employee may be exposed
to fumes or airborne particles, toxic or caustic chemicals and outside weather conditions. The
employee is frequently exposed to moving mechanical parts. The employee is occasionally
exposed to high, precarious places and risk of electrical shock. The noise level in the work
environment is usually moderate.
Incumbents assigned to this classification, when performing actual fire cause investigations or other
fire prevention activities, will be required to work outdoors in a variety of weather conditions, such
as very hot and/or very cold temperatures.
Fire Marshal
Incumbents must be able to move debris and dirt or other material using a shovel or rake, walk over
rough, uneven or rocky surfaces, work at heights greater than 10 feet, climb ladders or steps to
reach objects, wear a self-contained breathing apparatus, hear alarms and other auditory warning
devices, observe or monitor objects, such as fire protection equipment and systems, buildings,
underground storage tanks or data, such as underground tank test results.
Incumbents may be required to work in small, cramped areas, use common hand tools, bend or
stoop repeatedly or continually over time, use stomach and lower back muscles to support the
body, perform physical inventories, discriminate among colors or match colors of wiring systems
and color -coded valves and piping, move objects (such as portable generators, tools, equipment and
evidence) weighing up to 50 pounds over long distances, stand or walk for extended periods of time
with the inability to rest at will and use arms above shoulder level.
When not performing duties in the field, incumbents work in an indoor office setting and are
required to enter data into a terminal, PC or keyboard device, produce written documents using
proper grammar, punctuation and spelling, use graphic instructions, blueprints and layouts as part of
the plan review process when checking for code compliance and sit for extended periods of time
with the ability to move at will.
Qualifications
Knowledge of:
Principles, methods and practices of modern fire prevention, public education, fire suppression,
emergency medical, rescue and hazardous materials activities.
Methods and techniques for performing arson investigations.
Applicable local, State and Federal codes and regulations including rules of evidence, search,
seizure and arrest.
Mechanical, chemical and related characteristics for a wide variety of flammable and explosive
materials and hazardous substances.
Principles of hazardous materials emergency response including the methods and techniques for
the safe response and mitigation of hazardous materials releases.
Principles and practices of organizational analysis and management.
Budgeting procedures and techniques.
Practices and procedures of local government, regulatory agencies and grant agencies.
Principles and practices of supervision, training and personnel management.
Fire Marshal
Education and Experience
Any combination equivalent to the education and experience likely to provide the required
knowledge and abilities would be qualifying. A typical way to gain such knowledge and abilities
would be:
Education:
An Associate's degree from an accredited college, with major course work in fire science, fire
prevention, fire administration, public or business administration, engineering, environmental
science, hazardous materials or related field is required, but a Bachelor's Degree is preferred.
Completion of course requirements for the California Board of Fire Services certification as a Fire
Inspector I and II, Plans Examiner, Chief Officer, SFM Fire Marshal and Fire Investigator is
desirable.
Completion of the following course requirements from California Office of Emergency Services
(CalOES) California Specialized Training Institute (CSTI) is desirable: Hazardous Materials
Technician or Specialist certification.
Experience: Sufficient years of fire department/district experience, including fire prevention,
hazardous materials, and fire investigation to demonstrate possession of the knowledge, skills, and
abilities listed above. Management and supervisory experience and/or training are higliy desirable.
Certificates/Licenses:
Possession of a California State Arrest PC 832 Certificate.
Possession of a valid Class C driver's license.
Chief Officer or OSFM Fire Marshal certificate is required within two (2) years of appointment.
Must be willing to work off -shift hours on a call -out basis.
Established: 03/1990—Resolution 1990-147 N.C.S
Revised:
09/12/05 — Resolution 2004-198 N.C.S.
Revised:
06/05/06 — Resolution 2006-095 N.C.S.
Revised:
01/05/09— Resolution 2009-002 N.C.S.
Revised:
07/07/14 — Resolution 2014 -XXX N.C.S
Department: Fire
FLSA Status: Exempt
(9)
DATE: July 7, 2014
TO:
FROM:
SUBJECT:
Agenda Item #6.A
Honorable Mayor and Members of the City Council through City Manager
Scott Duiven, Senior Planner
Resolution Replacing the Existing Traffic Development Impact Fee
REV COMMENDATION
It is recommended that the City Council adopt the attached resolution replacing the current
Traffic Development Impact Fee resolution for future development within the City of Petaluma,
Resolution No. 2014-040 N.C.S., adopted March 3, 2014 to amend provisions for the amount of
fee related to the Redevelopment Supplement and to create a new fee category for gas/service
stations.
BACKGROUND
In 2012 the City Council adopted an updated development impact fee program to meet the City
Council's goal of reducing development fees while preserving funding for planned infrastructure
necessary for implementation of the General Plan 2025 and entitlement of projects relying on the
General Plan FIR and related improvement plans for mitigation of cumulative impacts. In March
of 2014 the City Council adopted updated fees to address largely administrative changes
addressing definitions, amount of the fee, fee adjustments, and time of fee payments. Since the
latest update Staff received information that some contested bond proceeds related to dissolution
of the City's former redevelopment agency may be applied to project costs that were to be
funded by the Redevelopment Supplement portion of the Traffic Development Impact Fee,
allowing a further reduction in the fee. In addition, staff received input during the last fee update
regarding the methodology used in assessing impact fees for gas stations and direction from the
City Council to create a distinct fee category that better reflects the impacts of that use.
Gas/Service Stations
Under the current fee program gas or service stations are assessed under the
"commercial/shopping" fee category based on the square footage of the associated cashier
building/convenience market typical of most stations. Proponents of the Petaluman Hotel project
have noted, in seeking a credit for the former gas station use, that square footage of building area
is not the best metric for detennining traffic impacts subject to the fee (See Attachment 3). At its
Agenda Review:
City Attorney V J \ Finance
March 3, 2014 meeting the City Council agreed in concept and asked that staff return with a
metric that better reflects gas stations' traffic impacts.
The current traffic development impact fee program converts various land uses into dwelling unit
equivalents (DUES) in order to account for the fact that different development types generate
traffic with different characteristics and levels of impact on the City's transportation system.
Because the land use categories used for the fee study are general, unique land uses such as gas
stations may not tit well in an existing category. Table 3.7 of the City of Petaluma Traffic
Mitigation Fee Program Update (August 2012) presents the conversion factors used to calculate
DUES based largely on trip generation infon cation from the Institute of Transportation Engineers
(ITE). The ITE trip generation tables have a much more detailed set of land uses and trip
generating metrics, including data for gasoline/service stations. Staff has researched the ITE trip
generation tables and recommends modifying Table 3-7 of the study as follows to add a specific
category for gas stations that better reflects the peak hour impacts of this use.
r�W
002�`.'�
GRg
a g ^a.SIMONSEN
'"
11=
1.1
RON
Peak Hour
'f; Pass -
'% New
VT
DUE
Land Use Cates or 4
Unit
Trip Rate'
I
Tri s` EylDivcrted
p Linked Trips'
per Unit'
per Unit'
Snn)1--Fanul, D,v! him Unit
C ;rellino Unii
IAA
Io 6 10076
1.01
1
�. rlu f -anvil L •,;=11n;u ;ii`
L 'ellingUnit
ji
1'7':- "011'o
Ob2
0�1
IRO Unit
2$
14`7 ?, IOr
11,78
).70
Hh, uq'
Iliw Unrt
.SF
i'if)
65,%; 11)1),'1
fi,91
j'l)(,.
Hu!el/PAci.I
Foom
O59
10(1`(. I00'b
„mt�tera„I 7hoppinq`
I SF
;.73
506 `ollS
n uiustrial/J,-nhrusc--'
!CSF
0986
N,11) 100'i
0 u9
h.GB
I lucation"
Siudcnt
028
551 100?6
"r
r)15
In:tit utian'L
!:SF
0.55
1,5`6 100'6
0 t6
035
Gas/Service Station"
Fuel Position
13.38
4496 56%
5.89
5.83
Notes:
1. ITE Trip Generation, 8th Edition, 2008. Rates based on PM peak hour of adjacent traffic.
2. SANDAG Brief Guide of Vehicular Traffic Generation Rates, July 1998.
3. ITE Trip Generation Handbook, 2003.
4. VT (vehicle trip) per unit = peak hour trip rate' % new trips' % pass-by/diverted linked trips
5. DUE per unit = VT per unit / VT per single-family dwelling unit
6. ITE Apartment rate used.
7. ITE Senior Adult Housing — Detached rate used.
8. RE General Office Building (PM peak hour) rate used.
9. ITE Shopping Center rate used for all commercial uses.
10. ITE Industrial Park rate used for all industrial uses.
11. ITE Elementary school (PM peak hour generator) rates used for all educational uses.
12. ITE Church rate used for all general institutional uses.
13. Calculations based on Resolutions Amending Resolutions Memo to the City Council dated 8/2/10. Assuming one
person on average lives in accessory unit, use ITE peak hour rate of 0.28 per person. For all other columns in table,
assume same % as other housing.
14 ITE Service Station w/Convenience Market used.
Source: Fehr & Peers, 2012
7
The proposed addition of this new land use category better reflects the peak hour impacts of
gas/service stations which, based on ITE trip generation rates of 13.38 peak hour trips, are
significantly higher than the Commercial/Shopping category. ITE recognizes the pass -by nature
of many of these service station use trips and recommends treating only 44% of the service
station trips as new trips. This results in 5.89 vehicle trips per fuel station during the peak hour,
or the equivalent of 5.83 dwelling units. As shown later in this report, this approach would result
in a fee of $104,981 per fuel position, which reflects the number of vehicles that can be fueled
simultaneously. In the case of a typical service station with eight (8) fuel positions, the traffic
impact fee would be $839,848 in comparison with the current square footage -based metric for
commercial/shopping uses, which would result in an impact fee of only about $25,000 for a
1,500 square foot service station/convenience market. Using the ITE trip -generation data to
calculate gas/service station traffic impacts results in a fee calculation that is much more closely
tied to the trips generated by gas/service station uses, in comparison with other uses.
Redevelopment Supplement
The development related fees updated in 2012 included a "Redevelopment Supplement"
intended to cover the $18.8 million dollars worth of agreements entered by the City in reliance
on funding commitments of the City's former redevelopment agency. The City's ability to use
funds of the former redevelopment agency to fund the agreements as intended is currently
disputed by the California Department of Finance. The City has been collecting the
Redevelopment Supplement pending resolution of the status of former redevelopment agency
funds. In addition, the current traffic fee includes a refund provision to address the possibility
that the City may prevail in securing the use of some or all of the former redevelopment agency
funds. Should the State Department of finance or the courts recognize the obligations of the City
as successor to the former redevelopment agency pursuant to the cooperative agreements such
that the disputed $18.8 million dollars is retained by the City as successor to the former PCDC,
current owners of development that paid development fees that included the Redevelopment
Supplement may apply for refund of the portion of the traffic development fee that owner paid
that is attributable to the Redevelopment Supplement, subject to the requirements of the refund
provision.
On April 2, 2014 the City received approval front the California Department of Finance of its
Recognized Obligation Payment Schedule (ROPS) for the period of July through December
2014. Included on this ROPS is $8,836,001 in tax allocation bond proceeds eligible for allocation
to the City's obligation to fund construction costs for the Old Redwood Highway Interchange.
The funds representing the remaining balance of the proceeds of bonds issued by the former
redevelopment agency issued on or before December 31, 2010. As a result of the ROPS
approval, the availability of such bond funds may be used by the City Council to reduce the
$18.8M Redevelopment Supplement allowing for a commensurate reduction in the Traffic
Development Impact Fee.
In the event the City Council so directs, modified Table 3-11 of the August 15, 2012 Traffic
Mitigation Fee Program Update indicates the new fee per dwelling unit equivalent that would
result from applying all of the former agency bond proceeds to partly fund the Redevelopment
Supplement.
3
_.. _.
k. C E •. a p p
h ME
b C
Improvement
Net City Cost
New Development
Potential Fee
Share
Contribution
Fainier Avenue Extension and Interchange -
S84,064,004
100.00116
;84,064,004
locally preferred alternative
Caulfield Lane Extension
S54,561,194
100.009'0
$5=,561,1911
Old Fedvaood Highway Literchange
22,879,990
100 D0 :,
22,879,990
Improvements
Caulfield Lane/Payran Siiett! fiiieisecdctn
2'500,000
100.0056
3500,000
Improvements
f Ft,flurria Boulevard/Magnolia Avenue-
5500,000
100.0096
500,000
Payran etraet intersection
c i nstrurum of I'jc%,f Intel'rctions
', 'S�_i,00 7
-
3.18°'i)
S1,0-16,47
Throu ,houi the City`
TafficSignal Upgrades Throughout the City'
+1,885,000
1.9.53%
y363,134
Pedestrian/Bicycle Improvements
',27,389,000
27.5296
27,536,118
Throughout the City'
IY resit Improvements Throunhout the City-
:2,500,000
9 5;,6
2488,241
f-ck=velof.ment Supplement
= °,°98;740
MOAO°t,
.,._°,89°,740
29.972.739
29.972.739
Administration Costs;
$0
--
$1,278,262
Total
� ig'"s337972680
' 2� 80
--
$1 cc
'i
2186.501.927
?,163.795.1.54
c i ojected C. t evCL in C)LI_s_
a 096
Fee- Per DUE
21.8,007
Notes:
1. See Table 3-9 Construction of New Intersections Fee Contributions for calculation detail.
2. See Table 3-8 City of Petaluma Growth in DUES for calculation detail.
3. See Table 3-10 Pedestrian/Bicycle Contribution Calculation for detail.
4. Provided by the City of Petaluma, 2012.
8: 4able-9;-Ea'li<-ef�taltrma-7"ta�c-h4itigafierrF-ee-AveOram-U�dale; Ma�flO�
Source: Fehr & Peers, 2012.
Carrying this update to Table 3-12 results in the following fee structure for each land use type,
and includes the proposed new category for gas/service stations, and serves as the basis for the
updated fee table provided as Exhibit A of the attached resolution.
Staff recommends the following revisions to Resolution 2014-040 N.C.S. in order to implement
the above changes.
Def t itions
Staff recommends adding the following two definitions to the updated fee resolution:
"Fuel Positions' shall mean the number of vehicles that can be hteled siou ltaneously at a
Gas/Service Station.
"Gas/Service Station" shall mean a retail busincss selling gasoline and/or other motor
vehicle Fuels, and related products. A gas station nlay also include a convenience store.
Vehicle services. and restaurant facilities.
In addition staff recommends adding the following updated definition of the Redevelopment
Supplement:
"Redevelopment Supplement" shall mean $18.8 million of the cost of the Old
Redwood Highway/U.S. 101 Interchange and the Rainier Avenue/U.S. 101
hlterchange Projects to which funds of the former PCDC 4+a-�r4eei were
5
Land Use Type
Unit
DUE per Unit'
Fee per DUE`
Fee
Single -Family Dwellinn Unit
Dwelling Unit
L00
x-1-8 117
518.007
Multi -Family Dwelling Unit
Dweliinc) Unit
0.61.
4i4-16-519
510.987
AccessorY Dwelling Unit
C �ellln, Unit
0.28
$9,26i
$5.042
Senior Nousinn
Dwellino Unit
0.27
"`x"
54 862
office
KSF
0.96
sig,33a
5
$17.257
Hotel/Motel
Pool)]
058
c,�6
518.007
510.444
Col clal/Shupping
4:5!=
D.92
516.566
lndustrialjVe'arnhouse
KSF
0.63
:-l�;n'4
g 12.245
EauCation
sl�.�d.::;nt
01a52,�094
52 701701
(n5'iii Ct[IOn
SF
0.35
?,6,:310
56302
Gas/Service Station
Fuel Position
5.83
5104.981
Notes:
1. Table 3-7 City of Petaluma DUE Conversion Factors
2. Table 3-11 City of Petaluma Circulation Improvements Fee Contributions
Source: Fehr & Peers, 2012.
Staff recommends the following revisions to Resolution 2014-040 N.C.S. in order to implement
the above changes.
Def t itions
Staff recommends adding the following two definitions to the updated fee resolution:
"Fuel Positions' shall mean the number of vehicles that can be hteled siou ltaneously at a
Gas/Service Station.
"Gas/Service Station" shall mean a retail busincss selling gasoline and/or other motor
vehicle Fuels, and related products. A gas station nlay also include a convenience store.
Vehicle services. and restaurant facilities.
In addition staff recommends adding the following updated definition of the Redevelopment
Supplement:
"Redevelopment Supplement" shall mean $18.8 million of the cost of the Old
Redwood Highway/U.S. 101 Interchange and the Rainier Avenue/U.S. 101
hlterchange Projects to which funds of the former PCDC 4+a-�r4eei were
5
committed in accordance with the Community Redevelopment Law and through
cooperative agreements between the City and the Sonoma Comity Transportation
Agency and CalTrans, the binding nature of which commitments has been
disputed by the State Department of Finance pursuant to ABxl-26 as of the time
of adoption of this Resolution. Such disputed former PCDC funds are referred to
in this Resolution and the Report (see, e.g., Tables 3-3 and 3-11 of the Report) as
the Redevelopment Supplement, and have been included in the costs of the
Traffic Development Impact Fee program to ensure that Fee proceeds are
sufficient to fund the Old Redwood Highway and Rainier Avenue interchange
improvements in case the City is ultimately unsuccessful in obtaining
confirmation from the State Department of Finance or the courts that the disputed
funds are in fact a legally binding obligation of the City as successor agency to
the former PCDC. On April 2. 2014 the Citv received approval from the
California Department of Finance of it Recognized Obligation Pavment Schedule
(ROPS) for the period of July through December 2014. includine bond proceeds
of the former PCDC in the amount of $5.336.001 representine the balance of
Former PCDC bond proceeds issued on or before December 31. 2010. Allocation
of such funds to the City -s oblieation to fund construction costs of the Old
Redwood Highwav Interchange results in a reduction of the Redevelopment
Supplement and makes possible a commensurate reduction in the Traffic
Development Impact Fee. Application of the former PCDC bond proceeds results
in a new Rcdevelopment Supplement amount reduced from the original $18.8
million to a new total of $9.972.739. The cost ofthe new, reduced Redeyelopl]]l nt
Supplement is included in the updated Traffic Development Impact Fee.
Annual CPI Ad%astmeuf
The traffic development impact fee escalates or decreases annually by the same percentage the
latest "Engineering News Record Construction Cost Index — 20 City Average" ("Index")
annually escalates or decreases. The adjustment tales effect each July 151. This year's CPI
adjustment will reflect the 2.7% increase in the Index. Because the annual adjustment will occur
prior to the effective date of the attached resolution, the amount of fee in Exhibit A reflects both
the changes associated with the change in the Redevelopment Supplement and the CPI
adjustment.
Amount of Fee
Amount of Fee in Exhibit A will be updated as shown in the table below to reflect the
adjustments outlined above.
6
TRAFFIC DEVELOPMENT IMPACT FEE
Land Use Type
Fee Amount
Unit of Measurement
Single Family Residential
$18.493
Unit
Multiple Family Residential
$11.284
Unit
Accessory Dwelling
$5.178
Unit
Senior Housing
54956
Unit
Office
$17.754
1,000 square feet of building space
Hotel/Motel
$10.726
Room
Commercial/Shopping
$17.013
1,000 square feet of building space
Industrial/Warehouse
$13.575
1,000 square feet of building space
Education
$2.774
Student
Institution
%A72
1,000 square feet of building space
Gas/Service Station
$107.815
Fuel Position
FINANCIAL IMPACTS
Financial impacts beyond the staff time required to prepare this report and provide public notice
include an increase in development impact fee revenues in instances where new gas/service
stations are built, and a corresponding increase in credits available to those eligible developers
paying impact fees associated with a change of use on the site of a former gas station. The
reduction in the fee based on the revised Redevelopment Supplement represents a change in
revenue sources to fund the Old Redwood Highway interchange, and accelerates the availability
of funding for the Old Redwood Highway project, but has no impact on the overall cost of the
traffic development impact fee program or the infrastructure the fee program is intended to fund.
ATTACHMENTS
1. Resolution Replacing the Traffic Development Impact Fee
2. Traffic Mitigation Fee Program Update: Addendum 1
3. Correspondence from The Petaluman Hotel dated February 13, 2014
❑X Items listed below are large in volume and are not attached to this report, but may be viewed in the
City Clerk's office.
1. City of Petaluma Traffic Mitigation Fee Program Update (Fehr & Peers, August 2012)
7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
REPLACING THE CURRENT TRAFFIC DEVELOPMENT IMPACT FEE
RESOLUTION FOR FUTURE DEVELOPMENT WITHIN THE CITY OF
PETALUMA, RESOLUTION NO. 2014-040 N.C.S., ADOPTED MARCH 3, 2014,
TO AMEND PROVISIONS ESTABLISHING THE AMOUNT OF THE TRAFFIC
IMPACT FEE RELATED TO THE REDEVELOPMENT SUPPLEMENT AND
TO CREATE A NEW FEE CATEGORY FOR GAS/SERVICE STATIONS
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 Enviromnental Impact Report ("EIR") was prepared for the
General Plan (State Clearinghouse #2004082065) pursuant to the California
Environmental Quality Act ("CEQA") and certified by the City Council on April 7, 2008
by Resolution No. 2008-058 N.C.S.; and,
WHEREAS, the General Plan area is shown on the land use maps contained in
the General Plan; and,
WHEREAS, the City Council last updated the Traffic Development Impact Fee
by Resolution No. 2014-040 N.C.S., adopted March 3, 2014; and,
WHEREAS, the General Plan designates a defined land use for all property
within the City and, based on those uses, calculates the expected number of residents,
residential units, employees, and square footage of nonresidential development that will
result when all property in the City is developed as anticipated in the General Plan 2025;
and,
11
WHEREAS, the General Plan incorporates policies and programs to mitigate the
impacts of such anticipated new development, including policies that require new
development to pay for its proportional fair share of the costs of acquiring and improving
public facilities necessary to meet the demands of residents, employees, customers, and
businesses; and,
WHEREAS, the General Plan and its EIR analyze the impacts of development
under the General Plan and proposed mitigation measures, including the creation of fee
programs to require new development to pay for its proportional fair share of the cost of
acquiring and improving public facilities necessary to meet the demands of new
residents, employees, customers, and businesses for such facilities; and,
WHEREAS, Goal 1-G-6 of Chapter 1 of the General Plan provides that the City
should "Maintain a residential growth management system to ensure public infrastructure
keeps pace with growth'; and,
WHEREAS, Policy 1-P-48 of Goal I -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 to coincide
with demand"; and,
WHEREAS, the General Plan includes, among others, the following principles,
goals, policies and/or implementation programs regarding providing and financing the
cost of traffic improvements required to accommodate new development in the City:
"ensure infrastructure is strengthened and maintained" (Guiding Principle No. 12, p. i-8);
"ensure the identified mobility system is provided in a timely manner to meet the needs
of the community by updating the City's transportation impact fee program to insure that
necessary citywide improvements are funded" (Policy 5-P-2, Goal 5-G-1: Mobility
Framework, p. 5-9 ); "ensure public improvements are constructed and maintained in a
manner that is economically feasible to the budgetary constraints of the City" (Policy 5-
P-3, Goal 5-G-1: Mobility Framework, p. 5-9); and,
WHEREAS, the City retained Felm• & Peers Transportation Consultants
(hereafter "Fehr & Peers") to determine, based in part on the land use designations
provided by the General Plan, what roadway improvements world be necessary to
maintain the community's level of service, as set forth in the General Plan and also
9
discussed in the EIR, and to prepare proposed updates to the City's traffic development
impact fee to fund new development's share of those improvements; and,
WHEREAS, a study of the impacts of anticipated future development on existing
traffic facilities in the City, and an analysis of the need for such new facilities required by
future development was prepared by Fehr & Peers, dated August 15, 2012, entitled
"Traffic Mitigation Fee Program Update," a copy of which is on file in the Office of the
City Clerk, and is hereby incorporated by reference; and,
WHEREAS, an Addendum to the Report was prepared by the City of Petaluma,
dated June 2014, entitled "Traffic Mitigation Fee Program Update: Addendum 1"
(`Addendum"), a copy of which is on file in the Office of the City Clerk, and is hereby
incorporated by reference; and,
WHEREAS, as used in this Resolution, "Report" refers to and encompasses both
the Traffic Mitigation Fee Program Update and the Addendum; and,
WHEREAS, the Report, the General Plan and the General Plan EIR list the street
extensions, interchange and intersection improvements, traffic signal upgrades, and
improvements to bicycle, pedestrian and transit facilities necessary to maintain the
community's level of service and thereby meet the transportation demands of new
residents, businesses, employees, customers, and other users of local streets and
transportation facilities through build out under the General Plan; and,
WHEREAS, the Report, the General Plan and the General Plan EIR describe the
impacts of contemplated future development on existing transportation facilities ill the
City of Petaluma and analyze the need for the new transportation facilities required by
future development within the City of Petaluma, as described herein and in the Report;
and,
WHEREAS, the Report sets forth the relationship between contemplated future
development, the Facilities, and the estimated cost of the Facilities; and,
WHEREAS, 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 costs attributable to new development; and,
WHEREAS, the Report identifies a component of the cost of the Old Redwood
I-Iighway/U.S. 101 Interchange Project and the Rainier Avenue/U.S. 101 Interchange
10
Project to which funds of the former Petaluma Community Development Commission
("PCDC") have been committed in accordance with the Community Redevelopment Law
and through cooperative agreements with the Sonoma County Transportation Authority
and CalTrans, the binding nature of which commitments has been disputed by the State
Department of Finance pursuant to ABx 1 26 as of the time of adoption of this Resolution;
and,
WHEREAS, the Report identifies the disputed funds as a "Redevelopment
Supplement" of $18.8 million dollars that the Report includes in the cost of the Traffic
Impact Fee program so that Traffic Fee proceeds are sufficient to fund the Old Redwood
Highway and Rainier Avenue interchange improvements in case the City is ultimately
unsuccessful in obtaining confinnation from the State Department of Finance or the
courts that the disputed fiords are in fact legally binding obligations of the City as
successor agency to the former PCDC; and,
WHEREAS, on April 2, 2014 the City received approval from the California
Department of Finance of it Recognized Obligation Payment Schedule (ROPS) for the
period of July through December 2014, including $8,836,001 ("Bond Proceeds"),
representing the balance of the proceeds of bonds issued by the former PCDC on or
before December 31, 2010; and, for construction of the Old Redwood highway
Interchange.
WHEREAS, the Bond Proceeds may be applied to partly satisfy the City's
obligation to provide funding for the Old Redwood highway Interchange Project,
permitting a reduction of the $18.8 million dollar Redevelopment Supplement that would
otherwise be needed to cover the funds of the former PCDC on which the City relied to
fund the Old Redwood highway and Rainier projects, and as well permitting a
corresponding reduction in the Traffic Development Impact Fee; and,
WHEREAS, the Report demonstrates the appropriateness of updating the Traffic
Development Impact Fee based on current estimates of the need for and cost of
transportation improvements needed to accommodate new development, including (1) an
analysis of existing roadways, transportation facilities and laud available for such
facilities; (2) an estimate of the increase in the City's service population at build out; (3)
the cost of providing the transportation improvements identified as necessary to meet the
demands of the estimated increase in the City's service population at build out; and (4)
other sources of funding, such as the Bond Proceeds, that may be applied to City
transportation improvement projects; and,
11
WHEREAS, The Traffic Development Impact Fee is not a "tax" as defined in
Section 1, paragraph (e) of Article X1IIC of the California Constitution ("Proposition
26") because such fee is imposed for a specific benefit conferred or privilege granted
directly to the payor that is not provided to those not charged, and which does not exceed
the reasonable cost to the City of providing the service or product; and/or the fee is
imposed for a specific government service or product provided directly to the payor that
is not provided to those not charged, and which does not exceed the reasonable cost to the
City of providing the service or product; and/or the fee is imposed for the reasonable
regulatory costs to the City of issuing licenses and permits, performing investigations,
inspections and audits, enforcing agricultural marketing orders and the administrative
enforcement and adjudication thereof; and/or the fee is imposed as a condition of
property development; and,
WHEREAS, the Traffic Development Impact Fee is not subject to the
requirements of Article XIIID of the California Constitution (`Proposition 218")
concerning property related assessments and fees pursuant to Apartment Association of
Los Angeles Counly v. City of Los Angeles (2001) 24 Cal.4°i 830, in that such fee is not
applicable to incidents of property ownership, but rather to actual use of and need for
City services and/or facilities; and,
WHEREAS, in accordance with Government Code Section 50076, fees and
charges that do not exceed the reasonable cost of providing the service or regulatory
activity for which the fees are charged and which are not levied for general revenue
purposes are not special taxes as defined in Article 3.5 of the Government Code; and,
WHEREAS, in accordance Government Code section 66016, at least 14 days
prior to the public meeting at which the City Council considered the adoption of this
Resolution, notice of the time and place of the meeting was mailed to eligible interested
parties who fled timely written requests with the City for mailed notice of meetings on
new or increased fees or service charges; and,
WHEREAS, in accordance with Government Code Section 66016, the Report
was available for public inspection, review, and comment for ten (10) days prior to the
public meeting at which the City Council considered the adoption of this resolution; and,
WHEREAS, ten (10) days advance notice of the public meeting at which the City
Council considered adoption of the this resolution was given by publication in
accordance with Government Code Section 6062a; and,
WHEREAS, on September 10, 2012, the City Council adopted Ordinance No.
12
2444 N.C.S. which adds a new Title 19, entitled "Development Fees," to the Petaluma
Municipal Code and amends, repeals and/or recodifies various provisions authorizing the
City's development -related fees, including the City Facilities Development Impact Fee,
Open Space Land Acquisition Fee, Park Land Acquisition Fee (Non -Quimby Act), Park
Land Acquisition Fee (Quimby Act), Traffic Development Impact Fee, Water and
Wastewater Capacity Fees and the Commercial Development Housing Linkage Fee.
FINDINGS
WHEREAS, the City Council finds as follows:
A. After considering the Report, the testimony received at the noticed public
meeting at which this resolution was adopted, the accompanying staff
report, the General Plan, the General Plan FIR, and all correspondence
received at or prior to the public meeting (the "Record"), the Council
approved and adopted the Report by Resolution No. 2012-125 N.C.S.
adopted August 27, 2012; and the City Council further found that the
future development in the City of Petaluma will generate the need for the
Facilities, as defined below, and that the Facilities are consistent with the
City's General Plan.
B. Subsequently, by adoption of this Resolution, the City Council adopts the
Addendum, which is incorporated into the Report pursuant to this
Resolution.
C. The City currently provides facilities to the community and the fee set
forth in this resolution will be used to maintain current service levels. As
such, the Traffic Development Impact 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)).
D. In adopting this resolution, 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, Section 54 of the City of Petaluma Charter, and Chapter
19.24 of the Petaluma Municipal Code, collectively and separately.
E. The Record establishes:
13
1. In accordance with Section 66000, subdivision a, paragraph 1 of
the Mitigation Fee Act, the purpose of the City Traffic
Development hnpact Fee ("Fee"), set forth in this Resolution, as
specified in the Report, is to provide funding to achieve the City's
goal of maintaining existing traffic service levels and provide
traffic facilities to mitigate the traffic impacts of new development
within the City, consistent with the land use and transportation
polices of the General Plan by developing an overall transportation
system that will accommodate the City's expected future traffic
demand.
2. In accordance with Section 66000, subdivision a, paragraph 2 of
the Mitigation Fee Act, the Fee collected pursuant to this
resolution shall be used to help frmd circulation improvement
projects necessary to accommodate future traffic demand in
Petaluma as described in the Report, the General Plan and the
City's budget for capital improvements. Such traffic Facilities,
which are specifically described in the Report and listed in Table
3-3 of the Report, include the following:
• Rainier Avenue Extension and interchange (locally preferred
alternative)
• Caulfield Lane Extension
• Old Redwood Highway Interchange Improvements
• Caulfield Lane/Payran Street Intersection Improvements
• Petaluma Boulevard/Magnolia Avenue/Payran Street
Intersection
• Construction of New Intersections throughout the City
• Traffic Signal Upgrades throughout the City
• Pedestrian/Bicycle Improvements throughout the City
• Transit Improvements throughout the City
• Redevelopment Supplement
3. In accordance with section 66000, subdivision a, paragraph 3 of
the Mitigation Fee Act, 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 the fee
will be applied all development in the City — including residential,
commercial, office, and industrial development projects, which
will generate new demands for traffic facilities. As described in the
Report, different types of development generate traffic with
14
different characteristics. The calculations presented in tables 3-7
and 3-8 of the Report account for these different characteristics by
applying different per-unit fee factors to each type of development.
These considerations account for the differential impacts on the
local transportation system generated by different development
types.
4. In accordance with Section 66000, subdivision a, paragraph 4, of
the Mitigation Fee Act, there is a reasonable relationship between
the need for the Facilities and the types of development projects on
which the Fee is imposed in that the Fee will be applied to new
development in the City of Petaluma — both residential and non-
residential. These development projects will generate new
residents and employees who live, work, and/or shop in Petaluma
and who generate or contribute to the need for traffic facilities as
follows:
• New residents and employees will add vehicle trips to
transportation infrastructure, including roadways, intersections,
interchanges and traffic signals.
• New residents and employees will add pedestrian and bicycle
trips to pedestrian and bicycle facilities.
• New residents and employees will use City transit facilities and
services.
The need for the traffic facilities listed in Table 3-3 of the Report
has been established through the development of the EIR, as
described in Chapter 3 of the Report. The Report indicates that
there are no existing deficiencies in any of the facilities to be
included in the City's Traffic Development Impact Fee program,
and that as a result, the program will not result in imposition of the
cost of addressing currently deficient traffic facilities on new
development. All of the traffic facilities costs allocated to new
development under the Fee program are allocable to new
development in accordance with the analysis in the report, either in
their entirety, or according to the fair percentage allocable to new
development as indicated in the Report.
5. In accordance with Section 66000, subdivision b of the Mitigation
Fee Act, there is a reasonable relationship between the amount of
the Fee and the cost of the Facilities, or the portion thereof
15
attributable to the development in the City on which the Fee is
imposed in that the Fee has been calculated by apportioning the
cost of the Facilities to each type of new residential dwelling unit,
and to the "dwelling unit equivalent" or DUE of each non-
residential (commercial, office and industrial) use. For Facilities
that are necessary solely because of future development, the full
cost of the Facilities has been allocated to the Fee. For Facilities
that will serve existing and future residents and employees, the
costs have been allocated proportionally. The analysis presented in
the Report accounts for existing deficiencies in the local
transportation system and does not include the cost of rectifying
deficiencies in the fee program. The costs attributable to traffic
demand generated outside the City of Petaluma are similarly
excluded from the program. Thus, the City's Fee program allocates
to new development only the cost of public improvements
attributable to new development within Petaluma. Tables 3-9, 3-10
and 3-11 in the Report provide detailed information on these
calculations
6. The cost estimates set forth in the Report are reasonable 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 and/or acquiring the Facilities.
7. The method of allocation of the Fee to a particular development
bears a fair relationship and is roughly proportional to each
development's burden on and benefits from the Facilities to be
funded by the Fee, in that the Fee is calculated based traffic
impacts each particular development will generate.
8. The Report is a detailed analysis of how traffic services will be
affected by development in the City and the public facilities
required to accommodate that development.
9. The Fee is consistent with the General Plan and, pursuant to
Government Code Section 65913.2; the City Council has
considered the effects of the Fee with respect to the City's housing
needs as established in the housing element of the General Plan.
16
10. The Fee amounts set forth in Exhibit A include the reasonable
costs of administration and compliance of the Fee program with
the requirements of the Mitigation Fee Act and other applicable
law. The Fee program and administration cost is calculated to be
approximately .074% of the total Fee as shown in Table 3-11 and
Appendix C of the Report.
ADOPTION OF FEE
NOW, THEREFORE, BE IT RESOLVED,
1. Definitions.
a. "Accessory Dwelling" shall mean a second unit which meets the
standards set forth in Section 7.030 of Chapter 7, "Standards for
Specific Land Uses" of the City of Petaluma Implementing Zoning
Ordinance ("IZO"), as modified by any subsequent amendment or
successor zoning ordinance and/or development code provision
adopted by the City which defines Accessory Dwelling, second
unit or second dwelling unit."
b. "Commercial/Shopping" 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. 2300 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
establislnnents; 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
17
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.
C. "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.
d. "Education" shall mean educational Development as defined in the
Report that may lawfully be made subject to payment of the Fee.
e. "Facilities" shall include those municipal public facilities as are
described in the Report related to providing general improvements
to community and neighborhood park lands. "Facilities" shall also
include comparable alternative facilities should later changes in
projections of development in the region necessitate construction
of such alternative facilities; provided that the City Council later
determines (1) that there is a reasonable relationship between
development within the City of Petaluma and the need for the
alternative facilities; (2) that the alternative facilities are
comparable to the facilities in the Report; and (3) that the revenue
from the Fee will be used only to pay new development's fair and
proportionate share of the alternative facilities.
f "Fuel Position" shall mean the number of vehicles that can be
fueled simultaneously at a Gas/Service Station.
g. "Gas/Service Station" shall mean a retail business selling gasoline
and/or other motor vehicle fuels, and related products. A gas
station may also include a convenience store, vehicle services, and
restaurant facilities.
h. "Hotel/Motel" shall mean transient occupancy Development as
defined in the Report.
"Industrial/Warehouse" 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. 2300 N.C.S., or any successor ordinance, for
the manufacture, production, assembly, and processing of
18
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.
j. "Institution" shall mean institutional Development as defined in
the Report.
k. "Mixed Development" shall mean a development that includes
more than one of the types of development defined in this Section
1. Mixed developments may combine residential types of
development (Single Family and Multifamily), non-residential
types of development (Commercial, Industrial, and Office), or a
combination of residential and non-residential types of
development.
"Multifamily Residential" shall mean any residential Development
that does not quality as detached single family dwelling unit
Development as defined in the Report, as adopted by the City.
M. "Office" shall mean any development constructed or to be
constructed on land having a General Flan 2025 land use or zoning
designation, as established in the Implementing Zoning Ordinance,
Ordinance No. 2300 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.
19
n. "Redevelopment "Redevelopment Supplement" shall mean $18.8
million of the cost of the Old Redwood Highway/U.S. 101
Interchange and the Rainier Avenue/U.S. 101 Interchange Projects
to which funds of the former PCDC were committed in accordance
with the Community Redevelopment Law and through cooperative
agreements between the City and the Sonoma County
Transportation Agency and CalTrans, the binding nature of which
commitments has been disputed by the State Department of
Finance pursuant to ABsl-26 as of the time of adoption of this
Resolution. Such disputed former PCDC funds are referred to in
this Resolution and the Report (see, e.g., Tables 3-3 and 3-11 of
the Report) as the Redevelopment Supplement, and have been
included in the costs of the Traffic Development Impact Fee
program to ensure that Fee proceeds are sufficient to fund the Old
Redwood Highway and Rainier Avenue interchange improvements
in case the City is Ultimately unsuccessful in obtaining
confirmation from the State Department of Finance or the courts
that the disputed funds are in fact a legally binding obligation of
the City as successor agency to the former PCDC. On April 2,
2014 the City received approval from the California Department of
Finance of it Recognized Obligation Payment Schedule (ROPS)
for the period of July through December 2014, including bond
proceeds of the former PCDC in the amount of $8,836,001
representing the balance of former PCDC bond proceeds issued on
or before December 31, 2010. Allocation of such funds to the
City's obligation to find construction costs of the Old Redwood
Highway Interchange results in a reduction of the Redevelopment
Supplement and makes possible a commensurate reduction in the
Traffic Development Impact Fee. Application of the former PCDC
bond proceeds results in a new Redevelopment Supplement
amount reduced from the original $18.8 million to a new total of
$9,972,739. The cost of the new, reduced Redevelopment
Supplement is included in the updated Traffic Development Impact
Fee.
o. "Senior Housing" shall mean senior housing Development as
defined in the Report.
P. "Single Family Residential" shall mean detached, single-family
dwelling unit development as defined in the Report, as adopted by
the City.
2. Traffic Development Impact Fee Imposed.
Pursuant to the Mitigation Fee Act and Chapter 19.24 of the City of
Petaluma Municipal Code, a Traffic Development Impact Fee ("Fee")
20
shall be imposed and paid at the times and in the amounts and otherwise
apply and be administered as prescribed in this Resolution on each type of
development set forth in Exhibit A, which is attached to and made a part
of this Resolution, including each portion of such Development within
Mixed Development.
3. Time for Imposing Fee.
In accordance with Government Code Section 65961, the Fee for
residential subdivision development for which tentative or parcel maps are
required pursuant to the Subdivision Map Act (Government Code Section
66410 el seg.) 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.
4. Time for Fee Payment.
a. In accordance with Government Code Section 66007, the 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.
21
b. The Fee shall be charged and paid for each non-residential
Development upon issuance of the building permit for such non-
residential Development.
C. The 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
Pursuant to Section 5(a), above, for each nonresidential
Development or portion of such Development within a Mixed
Development.
22
C. Any non-residential development on property on which a building
or structure was demolished or on which the use of an existing
stricture changes to a more intensive use shall pay a prorated fee
equal to the fee calculated pursuant to this resolution that is
applicable to the new development or use, less the fee applicable to
the prior development or use, so long as such prior use was in
existence at the time of adoption of General Plan 2025.
d. Any development on any parcel any portion of which is located
within one half -mile of any portion of a parcel identified as a
possible future location for a SMART Rail Station on which parcel
proposed for development a building or structure was demolished
or on which the use of an existing structure changes to a more
intensive use shall pay a prorated fee equal to the fee calculated
pursuant to this resolution that is applicable to the new
development or use, less the fee applicable to the prior
development or use, so long as such prior use was in existence at
the time of adoption of General Plan 2025.
6. Designation of Developments.
Nonresidential developments, other than Mixed Developments (but
including non-residential developments 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. Inapplicability of Fee.
The Pee shall not apply to:
a. 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.
23
b. 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.
C. 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.
d. Any addition to an existing non-residential structure of 500 square
feet or less.
e. Any public or quasi -public development on lands designated
Public/Semi-Public or Education on the General Plan Land Use
Map, as of the effective date of the Fee, so long as such
development is intended to serve development in the City and does
not itself generate a need for additional public infrastructure
needed to serve new development, as in the way new residential
development generates new residents requiring City services, and
new non-residential development generates new employees in the
City using City services.
f The City Council, in its discretion, may determine that the Fee is
inapplicable to certain development constructed or to be
constructed by a public entity on land having an appropriate
General Plan land use designation provide that the City Council
finds that such inapplicability 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.
24
8. Use of Fee Revenue.
The revenues raised by payment of the Fee shall be placed in a separate,
interest hearing 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 fiords from other sources including fiords 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 and maintenance 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
25
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 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.
26
10. Standards.
The standards upon which the need Por the Facilities is based are the
standards of the City, including the standards contained in the General
Plan and its E1R and those City standards reflected in the Report.
11. 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 Pee 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.
12. Subsequent Analvsis 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 may 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 remain reasonably
related to the impacts of development within the City of Petaluma and
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 General Plan and/or the General Plan EIR, as well as
increases due to inflation and increased construction costs.
13. Fee Adjustments.
a. Annual CPI Adjustment. The Fee established will escalate or
decrease annually by the same percentage the latest "Engineering
News Record Construction Cost Index -20 City Average"
27
("Index') annually escalates or decreases. The adjustment shall be
based on a comparison of the most recent Lidex 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. Such adjustments will take effect
each July Ist.
b. Refund Applications Based on Redevelopment Supplement. In the
case of any development which has incurred and paid a Fee which
includes the Redevelopment Supplement, should the State
Department of Finance or the courts finally recognize the
obligations of the City as successor to the former PCDC pursuant
to the above-described cooperative agreements such that the
Redevelopment Supplement is retained by the City as successor to
the former PCDC, current owners of development that paid
development fees that included the Redevelopment Supplement
may apply for a refund of the portion of the Fee that owner paid
which is attributable to the Redevelopment Supplement, subject to
the following:
1. To be eligible for a refund, current development owners must
certify in writing to the City that the owner has not recovered
or is not recovering from third parties such as tenants or others
the amount of the fees paid attributable to the Redevelopment
Supplement.
2. Any refunds pursuant to this provision shall only be paid from
existing, un -obligated, unspent Fee revenue balances. The City
will have no obligation to pay rehmds to any owner absent
sufficient existing, un -obligated, unspent Fee revenue balance
available for that purpose.
3. If existing, un -obligated, unspent Fee revenue balances are
insufficient to cover eligible applications for refund, such
eligible applications shall be paid refunds a pro rata basis in
accordance with applicable law.
C. Refund applications based on 2008 Development Fees Paid.
Current owners of development that paid development fees
pursuant to Resolution No. 2008-095 N.C.S. may apply for a
refund of the difference, if any, between the total development fees
28
that owner paid pursuant to Resolution No. 2008-095 N.C.S.
("prior fee"), and the total development fees applicable to that
development under this resolution ("current fee"), if the total
amount of prior fees paid exceed the total amount of current fees
applicable to that development, subject to the following:
1. To be eligible for a refund, the project must be a public or
quasi -public development as defined in Section 7 e. of this
resolution.
2. To be eligible for a refund, current development owners must
certify in writing to the City that the owner has not recovered
or is not recovering Brom third parties such as tenants or others
the amount of the prior fees paid or the amount by which the
prior fees exceeds the current fees.
3. Any refunds pursuant to this provision shall only be paid from
existing, un -obligated, unspent Fee revenue balances. The City
will have no obligation to pay refunds to any owner absent
sufficient existing, un -obligated, unspent Fee revenue balance
available for that purpose.
4. If existing, un -obligated, unspent Fee revenue balances are
insufficient to cover eligible applications for refund, such
eligible applications shall be paid refunds on a pro rata basis in
accordance with applicable law.
14. Administrative Guidelines.
The Council may, by resolution, adopt administrative guidelines to
provide procedures for calculation, credit, reimbursement, or deterred
payment and other administrative aspects of the Fee. Such guidelines may
include procedures for construction of designated Facilities by developers.
15. Effective Date.
In accordance with California Government Code section 66017,
subdivision (a). This Resolution and the updates to the Fee pursuant to this
Resolution (including, but not limited to, the updates to the
Redevelopment Supplement), shall become effective 60 days from the
29
date this Resolution is adopted.
16. Severabilitv.
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.
17. 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
this resolution. 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.
30
EXHIBIT A
TRAFFIC DEVELOPMENT IMPACT FEE
Land Use Type
Fee Amount
Unit of Measurement
Single Family Residential
$18,493
Unit
Multiple Family Residential
$11,384
Unit
Accessory Dwelling
$5,178
Unit
Senior Housing
$4,956
Unit
Office
$17354
1,000 square feet of building space
Hotel/Motel
$10,736
Room
Commercial/Shopping
$17,013
1,000 square feet of building space
Industrial/Warehouse
$13,575
1,000 square feet of building space
Education
$3,774
Student
Institution
$6,472
1,000 square feet of building space
Gas/Service Station
$107,815
Fuel Position
31
City of Petaluma
Mitigation
Program Update
Prepared by City of Petaluma
June 2014
/-,VVi rive]:IJi14 ► k dPA
�2
This addendum updates Tables 3-7, 3-11, and 3-12 of the Traffic Mitigation Fee Program Update
prepared by Fehr & Peers (August 2012). The revised tables incorporate updated cost figures associated
with the Redevelopment Supplement of the fee program. In addition, the revised tables establish a new
land use category and fee for gas/service stations
•Ei"^.^�:*. .��.�..1
a-"t-.^.�
� d Ep
L � ��@ riA�i}°.a;
® a'�'.
�t-+'..'�L
�'�i,
Peak Hour
%. New
(Pass -
VT
DUE
Land U e Category
unit
Trip Rate"
Trips
Hyked
per Unit'
per Unit"
Tries
Linked Trip="
n .tl I;.I III1. mellinc iJnit
D./ellinq Unit
1.01
7011 :,
1(J6''f,
1.01
1
.cull Ir;;r II 1 wjMlinu Unit-
I I_ cllinq Unit
O.b2
]UU'o
10011
n J1
0.61
i I ', Iliud'
F) v,4krm Unit
I)..B
(y)''
100"
II '£i
0.38
/r He r Ilq
D, <Ilu/q t1el
i27
71, 1
.'000
027
IiST
1. r<I
-1)(i",
n
6.9-
C, Illi v3 r(I / ,t10 aliCj.
Ksr
17
0"111
50',
tl
t 1 wJI "flPRalolho,I,e
hSi
0.8C
f0'o
100 1:
0.69
6.68
Edtjrat inn'SI!
1dem
028
`,59.
/110':-,
0 15
O.15
4n"I al tion
=5F
(155
1b,
CA.,lSHl llir >I'ilnil ��Fwl
1',, '.O
ij 32
.it
1/)
Notes:
1. RE Trip Generation, 8th Edition, 2008. Rates based on PM peak hour of adjacent traffic.
2. SANDAG Brief Guide of Vehicular Traffic Generation Rates, July 1998.
3. RE Trip Generation Handbook, 2003.
4. VT (vehicle trip) per unit = peak hour trip rate' % new trips " %pass-by/diverted linked trips
5. DUE per unit = VT per unit / VT per single-family dwelling unit
6. ITE Apartment rate used.
T ITE Senior Adult Housing - Detached rate used.
8. RE General Office Building (PM peak hour) rate used.
9. ITE Shopping Center rate used for all commercial uses.
10. ITE Industrial Park rate used for all industrial uses.
11. ITE Elementary school (PM peak hour generator) rates used for all educational uses.
12. ITE Church rate used for all general institutional uses.
13. Calculations based on Resolutions Amending Resolutions Memo to the City Council dated 8/2/10. Assuming one
person on average lives in accessory unit, use ITE peak hour rate of 0.28 per person. For all other columns in table,
assume same %as other housing.
14. ITE Service Station w/Convenience Market used.
Source: Fehr & Peers, 2012. City of Petaluma, 2014.
33
P ''^• Y 5:a ,� & .>u vs.. '-`r�'z'7'-+-
..tt '�`�`. :z.�e�3 "`i
x='=zycy�..,'`:. � ',�;� `-�,.
�.v^rvSv '� � x�.M1. .�'.°'ihi-�C`�. �x 5�•.-•1... `.l':\`yy`'.L e.. �"�j`^-.`4'
�. .
cx`�✓.L..: -3..�`.Q fTx. ;..
�"}4'� ..'4`�-S'.aM�`*�Y>%�i `Y.�+^�'`�•.
I in prevem ent
Net City Cost
Neva Development
Potential Fee
Share
Contribution
E nler',:a [it ie f, I, n II and Imeltlt arae—
.4,064,004
100.00"'o
i t+SG 1,004
l 1 Il,' �'IiFlli-' P✓e
CaIdfield l nc F*i_nsion
15I,561,194
100.00'0
Old t'.dv,,nu1 l-ulh,s-�
111`101
i, ',)0
Improv(. n1`.. nth,.
Caulfield la,ller u,lal St,, -Ilnte anon
,u,,,;0p
Int Iii
1.00,000
Improvements
p T:luma Boulr ,IBI"(i/I i pUlia Avc'mj"- -
`Iit1 )00
tfln0`1
1500,000
povf E'n _;tlet II'i1CS4Fidlon
Iirt,W It [JEvd Ili I!'raGLS
���.���
% � o
1.,I6,17
111 , 1 i," tip4V
if )fIt it1 ud Ifmiq, , i'. Ii-
ti�(itfu
,t, it ` tFrpcC 111ent5
I II, i'IN tli li C t+�
I i1 itIq 'll ,n:i If )hJ n tl
.tl :clot n1 III `upl1 W -III
',?-3q
I Oft I If 1
, y72, 9
$1,278,262
Tota I
z -
--1,I.
3,7 ,, t
'I ctud, l v;hif, ,,.
,II i6
Fee Per DUE
Notes:
1. See Table 3-9 Construction of New Intersections Fee Contributions for calculation detail.
1 See Table 3-8 City of Petaluma Growth in DUES for calculation detail.
3. See Table 3-10 Pedestrian/Bicycle Contribution Calculation for detail.
4. Provided by the City of Petaluma, 2012.
Source: Fehr & Peers, 2012, City of Petaluma 2014.
3y
yqu
,... f:, _...`�...."'.;, .. .. ar^..,-....1..
.a-.5,.-...✓.. .xs..
..._,.�bi:.._.....'....Y...*�.`.;'.`;"_4��.S;cs.,.'�.",u...:...e^..
.usv^C.i G.h.. a"`. '!.b%.�'.
Land Use Type
Unit
DUE per Unit
Fee per DUE
Fee
Ed yI,-FaMy Mllina US
Dwelling Unit
1 00
x',007
11 &',007
1 iulL-Fan'Ny Dwelling Unii
Dwelling Unit
0.61
!192 /
Wow DwAAg SO
Dwelling Unii
0.78
SIOW
&--niorH ming
Dwelling Unit
9.77
SAW
iifir:e
OF
0.A
eIT287
HoteVMMel
Room
0.58
�,1 144
CornrnNa Rhqpping
OF
0.92
SIRSA6
OF
0.68
Fnh 'inn
tudeni
015
21701.
CwSHWO.t.S !)
Rol Powion
5
j Hq !P1
Notes:
L Table 3-7 City of Petaluma DUE Conversion Factors
2. Table 341 City of Petaluma Circulation Improvements Fee Contributions
Source: Fehr & Peers, 2012. City of Petaluma, 2014.
75�
19
6
JONES s dwdopmen
13 February 2614
Clear Mayor Glass, City Manager Brown and City Council Members Albertson, Barrett. Harris,
Healy, Keamey, and Miller
RE: Development Mitigation Fees & The Petaluman Hotel
I have met with Scott dulven and Heather Hines twice and as recently as last month to seek a
better understanding of the traffic mitigation fees estimated for The Petaluman Hotel project•,
$598,644, to which a $23,655 credit will be applied for the previous Chevron gas station
operation. Though Heather and Scott are sympathetic to my observations, expressed to you in
the body of this letter, they have expressed no latitude in how she formulas are applied, at least
not in a timeframe that would be meaningful to The Petaluman Hotel project.
It seems odd to me that our urban boutique hotel that is so pedestrian friendly and brings such
benefits to the community would have to pay a traffic impact fee that is more than 25 times
higher than a new gas station's fee would be on this property. It would seem to suggest that the
hotel will generate 25 times the traffic that the gas station would. That isjust not so. If anything,
the gas station would generate more traffic.
The traffic study for The Petaluman Hotel project performed by W -trans would seem to be
consistent with my point From page 4 (see attached) of this study a comparison is made, an
excerpt of which is provided here below:
'The proposed project is expected to generate an average of 34 new vehicle trips
during the p.m. peak hour.
...Given that the proposed hotel is in a downtown setting near shops and restaurants
It is likely to have a high leve! of pedestfian activity once guests hove arrived of the
hotel...
JONES w0ll!Edupe Fi development
2GOC Petaluma alvd N
Petaluma. Calitomla 94952
707 97! 9400
mssjanE5@�hotmall cam
36
It should be noted that the previous land use at the site was a gas station and
convenience market with eight fueling positions. Use standard trip _generation rates,
the previous land use was assumed to have generated 253 pm peak hour trips with
pass -by trips accounting for 56% of the total resulting in a net total of ST vehicle
trips previously assigned to the network."
What seems plain to me from the above is that the hotel will pay a huge traffic mitigation fee,
many times greater than a gas station, yet the development results in less than half the traffic
generated by a gas station.
If this hotel is'smart growth', then why is the City impact fee structure rewarding a gas station
instead? What am i missing?
I'd like to hear the City Council take up a discussion on two propositions
1), Gas Stations should be charged more than they are presently. Perhaps a fee per 'fueling
position' should be added to the equation, The current formula seems flawed in that it charges a
fee per interior floor area and does not consider the canopy area where the pumps are as part
of the sales floor area. It would seem obvious to consider the gas pumps as part of the sales
area. A'fueling position' plus sales interior sales floor area is more complete and straight
forward.
2.) Hotels in the downtown core district should be charged a lower rate than the current rate per
hotel/motel room. As noted in the traffic study a downtown hotel will be predominately
pedestrian orientated insomuch as once the guests arrive, they could easily spend a couple days
in town without the use of their automobile. In addition, the downtown can expect a growing
number of overnight guests to arrive in downtown via the SMART train and the Petaluma River
courtesy of the Petaluma Yacht Club.
The City Council has an opportunity to discuss Development Related Fees at the February 24th
Council meeting, Tentative Agenda item 3.E under New Business.I would like to share my
thoughts with you in person beforehand and update you on the hotel's positive progress. Let
me know if you have a 10 -15 minute spot on your calendar before the Council meeting on
February 24'x.
With Kind Regards.
3;11
Ross
]ONES architecture
140 Second Street, Suite 205
Petaluma, California 94952
(707) 971-9400
Cc: Heather Hines
Scott Duiven
Enclosures:
1) W -Trans study for The Petaluman Hotel, page 1 and 4
2) Development impact Fee Calculation Sheet- The Petaluman Hotel, 3 pages
3) Development Impact Fee Calculation Sheet- Chevron Gas Station in place, 2 pages
38
Umber 31120 1
Mr. Rassjnnes
Jones Archicccew Dazs a -c
224 Weller Wreec, Sure BB
Pe�rhama. CA 94452
Traffic Study fcr The Petaduman €-iotei Project
v_.r r ea
As rr-__que..._:, ,,v S av it 1,, Wclnboye apa _._ rat P' -Trane) hu completes a Ax _.1 trahc
study for a pronsac v:.el to b d .ocnnpd at rc o. . ..._-_ _.+. ,,.. of � :alun as BO.Icva o «:?L -r+ S... ___
In the Cip cf _ _ l rc U affil, study was c 1 liked r.,mdonce wick the Traffic In _. Stop
Guide Ines LALRYWHATY by On Cqy ani ter_,><_ - t� 'sssucs.
;nor. sCc ofl Imo. J of sa. __ mzE Knameman of Penh.= .._aN _IB 5. zet without and .rias dYi
pr o, _yet, with the i memo msmld-mad der" on I'eralu.n,_ C.. ,: _,; a:f:.:r, L'titu CaJnsij_r,--n'rr...
A :_,;nary of the propose._ -re a _.,, : r:. hng any poterrral -nrn,ing rnsvrz, conflicts due t-
en G Street ver _ . be :�n or B Servet.
_ __s_ ... and 06da ur.uhuan W ,r.., -c Z!Ong B Src6et at to access poinLs
Project Profile
The propose` pro,__— ..vu.d _,_,veiop a 54 -urm norel wah an and:r round Cavo Ear 4. : rn_:
cocktail IouaT,e fnr and __-_o:aI events only on .,: currenoy vaunt souchme=sr . ,^ren rz
a Boi-lev_r_ __uin the City Of ; P,.!u^- d-rr_wF S to 4uc_ss the Fto ase:i
P: LQct would be h..cr,_. G:- S -_ e=— - 4 5rPlraLo inpLr ' _ d egen mWoomnsy 40 per and SO
fent vast of the it L;4(da..iN _._, ctyA,a- No oname parlang .vH :a _we met parking will he
MYCH at a Way ff-sfleFrewouty, rhe proposed propa ke va, r vas section w1rh efohr
=amps and n. mrveniente market -
Study Area
Trte ,..L.,...:.'i',_ _ ; -[ed >r. 1. Peraluma Pin a evnro �.�__",. in she downtown P@pd, area- _m a na
Bouts < , _.rd '_ :_ ; _..rly a dwacla ,e no4uway w re.: , rz I _-roct rravA laner, a center wn We and
parklr2 Wbwec an ---, -;d-s of the s , t m On me iwoca near B °;z ear, bike _her, c, , rocr , c.z
. r.
proocl d, -,,.4de,.,- d Sousa becomes ?cam _ .,eat rd Noah or be iuersecvon wmh. B
Sueet. The posted spce...�ir7 it t Perahma Boelevzr_ in Vis a __ _ __ Was par ;our Onphi r seer
I<, a Val screen ti _ _ pomcd a, -__e Ind: of 25 moi [.ra•. I un; _ .�.. .,,. - [h., downco n ... _a
..oro ane PetaWma RWHA=m ,t . ;,-. =_r, where I_ censn',_a was'. _ _sidertid I:rnr mes znd
._.,._ �ntss in a cul-de-sac. -
v lar=r?a,^crtnn
SmtWB Suva K L, wgrzked. _ ny 'nrersecnon Murk-_ cmssn,alks and
pacaman phase, are provided acrost all ,F .:
31?
Mr. Rcss loner rage 4 October 30, 2013
Other Operational Issues
Vehicle queuing on the west leg of Pe—„ luma Boulevard SouthfB Street eras observed in March 2013 cc
determine the extent of activity along the project-, frontage on B Streer_ During the traffic sit al green
cycle for B Street. the approach was generally ctcar. During the red phase, the maximum oucue
cb<_>_. +ed on the B Street czstbour,d approach was two, vehicles. This queue was present approximately
half of the time with the approach being clear during e remaining time.
Project Trip Generation
The -,rip gener.?tion study is based on a previous project iteration with 57 units, however the project is
now proposed as a 54 unit hotel. The anticipated trip generirion fcr the proposed proje was
estimated using standard rates published by the Institute of Transportation Engineers (ITE) in Trip
c,•-nerction Manua! 9n "tdracr, 2412. lot- a ••Hotel lana use (ITE Land Use 310). The proposed project is
expected to generate an avec Age of 34 new vehicle t ips during the p.n.. p. Ak iinur. These new trips
icpresert the increase in traffic associated with the prc}ect compared to existing volurncs. The trip
generation summary is provided in Table I.
Table I
Trip Generation Summary
Land Use Units PM Peak Hour
Rate Trips In Out
Proposed
Hotel S7 rooms0.60 34 17 17
The net -new sips generated by the proposed project were distrib=sited at iiia study intersection based
on an assessment of existing volumes, it is anticipated that approximately half of the trips to and from
the proposed project sib would be destined taifrom the north and zhc other haf to/from south along
Pc:aluma Boulevard. The resulting inbound and outbound trips were added to the existing t-nFic
volumes to obtain exiting plus project tafirc volumes.
Given chat the proposed hotel is in a downtown setting near shops and restaurants it is likely to havr_ a
high level of pedestrian activity once guests have arrived at the hate•.. However, in order to assume
j worst case condiacns, the full 34 new we kday p.m. peak hour ceps were assumed_ Bemuse of the
valet parking activity, each arrival or departure trop -was assigned a companion local trip for vn.et car
parking purposes. Th re z ips were assumed co be destined ca/from local parking areas towards the
nCFti'.tveS..
It should he pored that the previous land use at the site -�,s n Gas Station with Convenience Market
(LU 853) with eight fueling positions. Use standard trip generation :-rtes, the previcus land use was
assumed to have generated a tonal cf 153 p.m, peak hour trios with pass -by nips accounnrg for 56
'+ percent of thio total, resulting in a net za-i of 87 vehicle ;rips previously assigned to the network. The
taunts for the szu=y interscccion were taker after the previous use was removed, therefore no trip
credits were assumed e,s part of the analysis for this project
1162
CITY Oiz FETALUMA
DEVELOPMENT IMPACT FEE CALCULATION SHEET
Effective November 9, 2012 ESTIMATE
Areas
Nanre1Permit rr:
Address:'Location:
nt's Name:
nt's Address:
it Contact Person:
's Daydine Phone:
FEEL ALC: ULATIONS
Water Canackv Comiectton Please Contact Department of Water Resources & Conservation - 778-4546
see below
Waste,ater Connection Please Contact Department of Water Resources & Conservation - 778-4546
see Sewer Sheet
School Facilities: Meuse Contact the Appropriate School District Directly
'$0 as not residential
City Facilities Development Impact Fee
Account #C'DCTYFAC
S42,3I2.84
Residential Uses:
Single Family Residential (enter total number of units):
$0.00
Multiple Family (enter total number of units):
$3,365;unit
50.00
Accessory Dwelling Unit
$0.00
Non -Residential Uses:
Commercial (enter total square footage of building)f'��F:s�IV.:...
$1,022r1,00D s-£
'542,312.84
office (enter total Square footage ofbuilding}
s:;:{g Yy:. ;
$978/1,000 s-£
50.00
Industrial (otttertotai sgaum footage ofbuildin)
a..
$62211,000 s.£
$0.00
Commercial Housing Development Linkage Fee (enter sq ft):
Account # CDCQMLIK
$86,116.16
Non -Residential Uses:
Commercial: (enter sgft)
41i492fiU
3..08/11£
$86,116.16
Retail:(enter sq R)
$3.591cf.
$0.00
Industrial enter Sq ft
�'� ��=���^s��ts;�Y�
S2.15ls.f.
$0.00
fn -Lieu 1-Iouaing {for residential proiecLv of 5 or more units);
Account # CDtNLEHS
$0.00
From In -Lieu Housing Fee Worksbeat
$0-00
Open Space Acquisition
Account 9 CDPKOP08
$2,980.94
Residential Uses:
Single Family Residential (enter total number of units):_.
• :<. r'•.:y'-''�-°+"hiiE
-
$0.00
Multiple Family (enter total number of units):
i<. °s
"wa?s,-�.:icy
$255Junii
$0 -DO
Accessory Dwelling knit
's.�:.'�.��,?`;..K ;;;r..;�ie_
$130/unit
$0.00
Non -Residential Uses:
Cotnntercial (enter total square footage of building)
v 3r =
$7211.000 S.F.
$2,980.94
Office (enter total square footage of building)
4 a�'F
,tom
$691t900 SX.
$0.00
Industrial (enter total sgaure Ino[age of building)
( = V
.$44/1,000 s.£
$0.00
Park Land Acquisition (Quimby Act)
Account # CDQUIM08
$12,669.01
R vidential Uses
Single Fancily Residential (enter total number of units)K.
* K ry
$1,6161un t
$0.00
Multiple Fatuity (enter total nmaber of units):
:"
$1,093/unit
$O.flO
Accessory Dwelling Unit
Non -Residential Uses:
All Commercial Uses (enter total square feet of building)
$30611,0005.E
$t2,b69.0[
All Office Uses (eater total square feet of building):
;f,$};V J
$2931I,000 a.£
30.00
All lodustrinl Users (enter total square feet of building):
V�Y'`�.:�r5yy�N,�'
a r5
$13611 000&f.
SO.flD
One (1) copy to applicant at time of permit issuance.
Two (1) copies for the Special Development Fees Binder.
S/Develapment Impact Fes
2113/2614
y/
Park Land Acquisition (Non-Oolmbv Acta
Aecauat st CDPKA41OS
50.00
It�,)denja) L1sts:
Single Fairtih• Residential (enter total nuniberofumtsl:
_ _
- -•: ':'� �'
b1.b16/ttnit
$U-00
MuttipleFamity(entcrttatalnumberoftu»ts):
_
;'"` '`ti'
�t.093/unit
$0.00
Acces±ory Ehceltin'd Unit
a''r.":%. _=rn?vr_:
_,�..
$544/unil
M-00
Non- Resider tial 11 ees'
... .._...
All Commamiat Uses (enter total square feet of building)
=: 's* '% ` i ;:,'';- '
S305/t:00n s.f.
$0.00
All Office Uses (enter total square feet of building):
'F?: ;
$293/1.UW :.r.
All Industrial 'Users (enter total square feetofbuildigg};
-
$l36/I,pODe,[
Park Land Develonment
Account k C'DPKDE08
543,863.77
Residential Uses:
Single Family Residential (enter total muuber of tmirs):
55,. t': unit
$0.00
Multiple Family (enter tou,I number of units):
$3,510/u tit
SO.00
Accessory Dwelling Unit
,;;'
$t,788/Unit
$0.00
Non -Residential clans
Commercial (enter mral square feet of building)
- - "41 -AV -01
$98711000 s•f.
$4D,363.77
Office tenter totai square footage of building]
_' : s
S944/L000 s•f.
$0.00
Industrial (enter tots) square footage of building)
_
_
Sbolil,000 S.F.
S0.00
public AA Fee tea of total valuation):
Account ff CDPUDART
enter valuation of job:
1% of total valuation
Smtm Dramjjt-:
_Applicable:
Atrounf 0 CDSDO8
$0,00
t Refer to Storm Drtin Fee Wgrl:ghect to dctnmiue oalcutatioas, except
for additions):
C Bates estimated SO
NewResiderdlal (Standard):
$0.00`err='t:a'�'•
NewResidendal (Calculated):
CommerciaUindttstrlal (eater from Storm 67tin Fze W'orlheet):
$0.00
Residen[ial Addizr">•°.- t on (enlrr sq wn feet of tupenious surface):
y u :;J yf!
$0.00
Comm./Ind- Addition (enter sgiwre feet of impervious
Tra01c Mitieation (emer all APnlicable nroieft information)_,
Account h CDT 9g
$684,811.24
Residential Uses:
Single -Family kmttr Ovral number ofnnits):
$18,978/unit
SO.00,.
I9ttllti-Family (3r nails; enter total ntanber of units):
311.650Amil
Senior Housingenter ental number of units):
( )
":„ .� , Pi''"^•:
$5,073/unit
$0.0D
Accessory Dwelling Unitq0
$5,263/unit
$0-
Non- Residential Uses:
__ ._.�._',•���--;'_
Note( or Motel (eater number of roams);
;i� �`:>s,#sr^>s:�,C
$11,0861raom
6598,644.00
Commercial Uses (enter total sq feet of building: ca.c bar w/k(echen)r 3`5. _ ,�y
S86,167.24
.Alt Office Uses (enter total square feel of building):
=�='��� 'r�a
$18,1991100 s.f.
$0 .00
.All industrial Users (enter total squtuefectofbuildiog):
S0.00
Education(eoternumber ofstudent s)
1;2,39cr9tudcnt
SOAU
Institution enter total square footage
(! �5='r ?�" ' <:(i'. ;'
St-. 41,006 s.G
$ORO
Pott) for Hotet
13w Station Credit
5869,753 96
529,685.15
I TOTAL without Water or Wastewater: 5840,068.81 1
Wastewater (2758 ` 54 roums)+(bistro!1000 sgfl) + (cave bar.1000 sqM + ((,atr'seat) - (9 19 F $20,355.52
Water (4 inch minus a t inch meter) $52,320.00
TOTAL ESTIMATE: S1,152,744,33
Prepared By:
on Dec 19th mee(ing with H
and
Bate Dec 19, 2013
K Carithers on Water & Sewer fees and C Bates on Storm Urain fee
Reviewed By_ Date
Approved By: Date
One (1) copy to applicant at time of permit issuance. S/Devetopment Win= Fm,
2/13120.4
Two (1) collies for the Special Development Fees Binder. y2'
54 Room @ $2758.33 per room I $145,949,82
Bistro Restaurant 5500 SF 11000 @ $27,583.25 x 50%
(Assumes water efficient BET $xtures for 50% discount) $75.853.9
Rooftop bar 28 sets a $612.96 $17,162$
Nightclub (Ball) in basement 8000 SF / 1000 [a 27S8.31 $22,066.6
Sewer Estimate $264,033.2
* Based on sq footage estimates. More importantly, Sewer
fees are now being studied and a new/refused list of uses is
anticipated. Water estimated this will be available in 6 months.
Sewer estirnate prepared by Kent Carothers, Associate Civil Eng in Water Division of PW&U Dec 18,
y9
CITY OF FE- TALUMA
DEVELOPMENT IMPACT FEE CALCULATION SHELF
Effective November 9, 2012
Linter Applicable Information in the Shaded Arens
Project NamePetmit#:
Revourecs R Consenatim - 7784546
-flim^'•-{a,-"jiRkd:'1:_6atittii'
Project AddressiLocation:
:2'`iEti3:St.
:- ; C D
Cin4 Facilities DevelopmentlrunactFee
AccuaofHCDCTYFAC
$1,379.70
Applicant's i lame:
j'
- - -
.,Y:-" -
- --
A pplicmes Address:-
-
- _ - ':Nine.: ::3a�Y:;:,v «x�•
.=-:+.'; _-''_ -• :�`�,
53,3651unit
50.00
S4tncr al _anise! Prrson-Cbm
-r.
Nun-Residenttal Uses:
oil_ llnrtmteYkone.
r.......::.....:::,.
ra>:. ,�:"s:.r.�s.Y::.-�;;;rT -
Commercial enter laud square of
( sy ge �7
:.:.:�,:•.:.., ...,._..,...:..:.=
s1,022/1,000s.f
FEE CALUV LATLONS
1971 BP demiosioas a 50ft rear block wall by 27h = i�30 sg ft
Water Capacity Connection Please Contact Department of water Resources .+i Conservation - 77$-4546
1V5stewater Connection Please Contact Department of Water
Revourecs R Consenatim - 7784546
Schaal Facilities_ Please Contact the Appropriate School District Dlrectly
so as riotresitlential
Cin4 Facilities DevelopmentlrunactFee
AccuaofHCDCTYFAC
$1,379.70
Residential Uses:
Single Family Residential (enter total number ofunits):
$5,399/mit
,1;0.00
Multiple Family {enter lotal number of units):
.=-:+.'; _-''_ -• :�`�,
53,3651unit
50.00
Accessory Dwelling Unit
Nun-Residenttal Uses:
Commercial enter laud square of
( sy ge �7
t-. r.` : sq.
.,„�t;33gaa`
s1,022/1,000s.f
$1,379.70
Office (enter ental square footage of btc ld"ut
_._.
$97811,000 s.f.
$0.00
industrial (enter total seat re foo pf buildin
'f ;-<; ,,:::?r. -• r ..
2
S5_2/1,0W s.£
$0.00
Commercial Housing)�velmmmi Linkaee Fee (enter sq to:
Account f! CDCONI Ll K
$2,808.00
Non -Residential Uses
Cacmuerciat: enter sq Et)
�t�.
S2.S08.00
Retaii:(iwersq ft)
..
'-
S3.59 -SJ.
SO.oO
hidusthai kenter • ft)
a ^ =;:
32.16 s. f.
$000
In -Lieu Housint_ (for residentudpruieers of 5 or more moils):
Account 9 CDINLEH5
50.00
From In -Lieu Housing Fee Worksheet
Open Space Acquisition
Ateounttr COPKOP08
$97.20
Residential Uses:
Single Family Residential (enter total number of units):;
' ?
$319: un t
$0.00
Multiple Family (enter total number of units):?..:
_
S3S51uait
10.00
Accessory lhvelling Unit
,: 3r,vsx =
..a
S13Q•'unit
$0.00
Non -Residential Uses:
Commercial (enter total square footage of building)
$*7211,000 s.f
$97.20
OE15ee (enter total square footage of building)
$69/1,004 s -f
$0.00
industrial (enter total sgaure faotaao of building)
'"'�;°�g_,:.=.s..i
U4,11,000 s1
c0.p0
Park. Land Acquisition (puiattry Ac i)
Account o CDQUIMOtS
$413.10
&sfdentfal Uses:
Single Family Residential (enter total number of unusl:
y^4 r s s
S1,Wimit
i6.D0''
Multiple Fancily enter total number of units
P [ �
:1's ' " n `^rt '==
7., f'�''i
$1,f193/vnit
Sb.UU
Accessory V%Tllina Ltni1>
:s'a*
F=
$544/unit
4(1.U0
Non-Resit4atial Uses:
All Commercial Usas ]enter :ural square feet of building)
$306/1,000
All Office Uses tenter total syuara feet afbuilding):Y
�itj[ _'
NOW .r -_x::
x293/1,000 s.f.
FO.Ud
All ]ndus3rial Users (enter total square feet of building :
, ..:
tri• y� _) ;� sF
$ISGI,000 s.f
SO,QU
One (1) copy t0 nppliemlt at time of permit issuance. smr,'etnpmMI Impact Fees w
2/13/2014
Two (1) copies for the Special Development Fees Binder.
Park Land Acquisition (Nor-Quimby Act)
Account a C.DPKAQ08
$0,00
Residential Uses:
Single Family kesidential (enter total number of units);
? = „' w^ _
$1,616/unit
$0.00
Multiple Family (enter total nuntberoftnits):
ei:.: •se s;3,; ter;:.-
?��»-•-a-��,:.,.�,,.t
�t::lw.E'::i
$1,093/unit
$0.00
Accessory L7svellla L1nif.'
$544/unit
$0.00
Non-Residential Use
All Commercial Cies (enter total Square feetofbuilding)
`t ?-': as r z`-
$306 t_000 sf
$0.00
All Office Uses (enter total square feet of building):
1'
V9311,000 s.f.
$0.00
All Industrial Users (enter total square fee[ of building):
$136!1,000 s.f
$0.00
Park Land Development
Account # CDPKDE08
51,332.45
Resiit0tiat Uses:
Single Family Residential enter total aumber of units),.
e Y ( )
>;:' ; ^1'.r-Hti; -
���'�t �s•,_..--,{?;
$5,2121unit
$0-00
ultiple Family (enter ural number of units):
Multiple
- = -.: , c; •>�-:a
$0.00
Accessoryi]wekling Unit
51,738ivait
$0.00
Non-Residential Uses:
Commercial (enter total square feet of building
`r 5t3 18'
$987/t,000 s.f
$1,332.45
Office (eater total square footage of building)
$944/1,000 s.f
$0.00
Industrial (enter ratan square footage of building)
'�..�.:'`."
$/1,s.f
$0.00
Public Art Fee 0% of total valuation):
AccuuM # CDPUDART
$0.00
enter valuation of'ob:
Storm Drainage:
Account # CDSD08
$0.00
(Refer to Storm Drain Fee Worksheet to determine calculations. excLot for additions!:
New Residential (Standard)!
e,
S0.00
Now Residential (Calculated):
.,,��"reg;;
(:;„n',; 71�. :iU
50.00
CornmerciaVlndttstrial(enter front StormDrain Fee Worksheet):
Residential Addition (enter square feet of impervious surf4ce):
CommAnd. Addition (enter square feet of impervious surface):
Traffic Ntitigatign jenter all applicable nrniect information):
Account # CDTRAQ8
$27,654.70
Residential' Uses:
Single•Fomity (enter total number of units):;RON
a
$18,978.unit
g0.44
Multi-Family (3+ units; esker ratal nmuber oftmits):
$t 1,650,unit
$0.00
Senior Housing (enter total number of units):
S,5,0731unk
$0.00
Accessory Dwelling Unit?_
k nr
S5,261/mit
$0.00
Non-Residential Uses:
Hotel orMotel (enternumber ofrooms):
tyx .r3 ;;—:i,Xc W"'�.�.:”
$1l,OC6lroom
$0.00
Coruner<ial Uses (enter toad square feet of building):
—.^
st_.::-'t'',."
$17,52211,000 s.f,
523,651.74
All Office Uses (enter total square feet ofbuikding):
�N
AN: ri
"""$„
$iS,k9911,000s-f.
$0.W
AlllnduslrialUsers enter totals ttarefeetofbuiid'myr`t,"
( q p):'rr_y
r
$12,92811,000 s.£.
$0.00
Education(enlerntmlberOfstudents)
t`rtr6�FY S'ja,3l
���.:,t''�y� ��:;;;
$2,3441smdcat
$D.O()
Institution (enter total -square footage)
'"'��1
$6,7i31t,000 3.k.
TOTAL IMPACT FEES DUE:
$29,685.15
Pro -rate out Gas Station applicable fees for Community Facilicities, Linkage Fee, Open Space and Parks fees, and Traffic
Water & Se.ver Prorating shown on Hotel Sheet
Prepared By: Tiffany Robbe Date
Revie-wed By: Date
Approved By:
Date
One (1) copy to applicant at time of permit issuance. s/Dewlopnxnt IrupsctFccs 77
2113POI4
Two (1) copies for die Speeial Development gees Binder.
N
DATE: July 7, 2014
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Heather Hines, Planning Manager
SUBJECT: Resolutions adopting a Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program and approving a Tentative Subdivision Map
for the Avila Ranch Subdivision and Introduction (First Reading) of an Ordinance
to approve a Zoning Map Amendment to rezone the property located at 511
Sonoma Mountain Parkway from R-4 to R-2.
RECOMMENDATION
It is recommended that the City Council:
® Approve a Resolution adopting a Mitigated Negative Declaration and Mitigation
Monitoring Program for the Avila Ranch Subdivision project located at 511 Sonoma
Mountain Parkway;
® Introduce an Ordinance approving a Zoning Map Amendment to rezone the property
located at 511 Sonoma Mountain Parkway from R-4 to R-2: and
® Approve a Resolution approving a Tentative Subdivision Map for 21 lots and 6 non-
residential landscaping and bio-retention/storm drain detention parcels (A -F) on the 4.92
acre property located at 511 Sonoma Mountain Parkway (Attachment 3).
BACKGROUND
The subject property is a 4.92 -acre (gross acreage) site located at 511 Sonoma Mountain
Parkway. The site is generally flat and was historically used for agricultural purposes. There has
not been an active use on the property since 2005. Vacant structures, including two single-
family residences and miscellaneous outbuildings exist on the site. The property is surrounded
on all sides by low-density residential development.
The applicant is requesting approval of a Tentative Subdivision Map to divide the existing
property into 21 single-family lots and 6 landscaping and bio-retention/storm drain detention
parcels (A - F). Subsequent Site Plan and AreNtectural Review will be required for development
of the newly created lots. A Zoning Map Amendment is also requested to rezone the site from
R-4 to R-2, consistent with the existing Low Density Residential General Plan designation (2.6
to 8.0 units per acre).
The Planning Commission considered the proposed Zoning Map Amendment, Tentative
Subdivision Map, and the associated environmental document for the Avila Ranch subdivision
Agenda Review:
City Attorney Finance Director City Manag�—_ ,__,_.__
project at a noticed public hearing on May 13, 2014. At this hearing, the Courmission approved
resolutions recommending that the City Council adopt the Mitigated Declaration, approve the
Tentative Subdivision Map and adopt an Ordinance approving the Zoning Map Amendment for
the project site (Attachments 5-7).
The Planning Commission found the project site appropriate for infill residential development on
an underutilized lot within the City's Urban Growth Boundary, at a proposed density (5.44 units
per acre) equal to that of surrounding properties. The Commission also found the project in
conformance with all requirements of the City of Petaluma's Subdivision Ordinance and the
California Subdivision Map Act, specifically requirements for land division and lot size,
including standards for street design, lot layouts and public improvements. Additionally, the
Commission found that that current zoning of the property is inconsistent with the existing
General Plan land use designation of Low Density Residential and determined that the requested
Zoning Map Amendment from R-4 to R-2 would implement the existing land use designation.
Tree Removal
At the Planning Commission hearing, the Commission requested information as to the reason for
the removal of two protected Coast Redwoods on site. The applicant indicated that the trees
must be removed due to their proximity to the proposed public street and proposed building site
and that the wood from the trees would be used on site for fences. Staff confirmed that an
Arborist's Report prepared for the property in 2006, and updated in 2013, addressed the loss of
the protected trees. Staff stated that the proposed replacement of these trees would be mitigated
by the planting of sixty-seven 24 -inch box trees -- a replacement ratio consistent with the
requirements of Section 17.060 of the Implementing Zoning Ordinance. The Commission was
satisfied with these mitigation measures, as included both in the Mitigation Monitoring Program
of the Mitigated Negative Declaration and the Conditions of Approval of the Tentative
Subdivision Map.
Beret along Sonoma Mountain Parkway
At the Planning Commission hearing, the Commission also discussed the 10 -foot wide bermed
landscaping area within Parcels A, B and C, designed to reduce noise levels in the rear yards of
the residential lots in closest proximity to the Sonoma Mountain Parkway. General Plan Policy
10-P-3 discourages the use of sound walls anywhere except along Highway 101 and/or the
NWPRA corridor. To comply with the General Plan, the applicant designed the alternative noise
buffer with a retaining wall and wood fence of approximately 10 feet in height with
perpendicular segments tapering from 10 feet to 5 feet along the east and west boundaries. The
berm is proposed to rise vertically to 4 feet with planted earthen material and deciduous red
Maple, as well as a variety of accent plants and ornamental grasses. The Commission reviewed
the design of the berni and recommended that the fence have proper support. The Commission
requested that landscaping be established quickly for substantial growth.
Public Comment
There was no public testimony on the Avila Ranch item at the Planning Commission hearing of
May 13, 2014. A nearby resident submitted an email to the Planning Division prior to the hearing
concerning noticing and the City's drought management policies. The Planning Division
confirmed that proper notice was prepared. Staff discussed both issues at the hearing.
The applicant held a neighborhood meeting at the Avila Ranch property on February 12, 2014.
Adjacent neighbors from surrounding areas were invited to the meeting. Six members of the
public attended. In response to questions asked at that meeting, the landscape plan was
supplemented with a section plan through the buffers along Sonoma Mountain Parkway to better
illustrate distances and visual impact.
DISCUSSION
Zoning 111ap Amendment
The requested Zoning Map Amendment changing the current zoning from R-4 to R-2 complies
with Implementing Zoning Ordinance Section 25.050.13, which requires that the Planning
Commission to make a finding that the public necessity, convenience and general welfare will be
furthered by the proposed amendment. The Planning Commission determined that this finding
could be made for the following reasons:
The R-2 zoning designation will result in a use that is appropriate and compatible with
existing surrounding uses. The R-2 zoning district is consistent with the General Plan
designation for the site of Low Density Residential (2.6 to 8.0 dwelling units per acre)
and will facilitate development within this density range. The project is consistent with
the established character of the surrounding neighborhoods and the low-density
residential character within the North East Plauiing Subarea of the General Plan will be
complemented by the proposed project.
The R-2 zoning designation will allow for the development of housing on underutilized
land within the Urban Growth Boundary. The General Plan proposes development of
approximately 6,000 additional residential units and a build out population of
approximately 72,700. This represents an annual growth rate of nearly 1.2% per year.
The project would add 21 new market rate dwelling units. The site is identified as Site 8,
within the City of Petaluma Residential Land Inventory Opportunity Sites, Appendix A
to the City of Petaluma 2009-2014 Housing Element, prepared in 2009.
Approval of the requested zoning map amendment facilitates implementation of the
General Plan 2025, provides consistency with the surrounding neighborhood, and
provides housing development consistent with the City's adopted Housing Element. The
zoning amendment serves the public convenience, necessity, and general welfare by
implementing zoning consistent with adopted plans, policies, and zoning code
regulations.
Tentative Subdivision 31ap
The project satisfies all the requirements of the City of Petaluma's Subdivision Ordinance per
Chapter 20.15 of the Municipal Code. The City Engineer prepared a written report to the
Planning Commission of recommendations on the tentative map in relation to the public
improvement requirements of Chapter 20 and the provisions of the California Subdivision Map
Act (Attachment 8). The project complies with Section 66474 of the California Subdivision Map
Act in that:
(a) That the proposed map is consistent with applicable general and specific plans as specified
in Section 65451.
(b) That the design or improvement of the proposed subdivision is consistent with applicable
general and specific plans.
As proposed, the rezoning of the site to R-2 to allow 21 single-family lots is consistent with
the Low-Densioi land use desigizatian specified by the General Plan.
(c) That the site is physically suitable for the type of development.
(d) That the site is physically suitable for the proposed density of development.
The 21 single fcanily residential lots proposed are physically suitable for the site and
cor form to the residential character of surrozazdii7g development The proposed density of
5.44 units per• acres is consistent rovith tlse Low-Derzsiiy land use reguirenieiii of 2.6 to 8.0
dwelling 1177its per acre cis specified by the General Plan.
(e) That the design of the subdivision or the proposed improvements are not likely to cause
substantial environmental daniage or substantially and avoidably injure fish or wildlife or
their habitat.
(f) That the design of the subdivision or type of improvements is not likely to cause serious
public health problems.
Based on the Initial Study, and Mitigated Negative Declaration prepared for the project,
the proposed mitigation measures agreed to by the applicant twill reduce potential
environmental impacts to less than signicant levels. Please see the Mitigated Negative
Declaration with its supporting Initial Study, and the Mitigation A�Ionitoring and Reporting
Progrmn, which outline the rzzitigatiorz measures (Attachment 1, EslzibitA arzd Attachment
4).
(g) That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of. property within the
proposed subdivision.
The design of the subdivision and its improvements will not conflict with easements or
access through the p7-ope7'0r All necessary easements will be dedicated on the final map
and reviewed by the Cily Engineer. Streets will be constructed to City standards and will
provide access from Acadia Drive to Sonoma Mountain Parkway.
Environmental Review
Pursuant to the requirements of the California Environmental Quality Act (CEQA), an Initial
Study of potential environmental impacts was prepared for this project. The potential for
significant impacts was identified in the following nine categories: Aesthetics, Air Quality,
Biological Resources, Cultural Resources, Geology and Soils, Hazardous Materials, Hydrology,
Land Use, and Noise. Based on the Initial Study, a Mitigated Negative Declaration (MND) was
prepared and circulated for public review for thirty (30) days (Attachment 4). There has been no
public continent on the MND. The MND and its supporting Initial Study proposed mitigation
measures which have been agreed to by the applicant, will reduce potential impacts to less than
significant levels. There is no substantial evidence in light of the whole record that the project, as
mitigated, would have a significant effect on the environment.
The Mitigated Negative Declaration with its supporting Initial Study, and the Mitigation
Monitoring and Reporting Program are included as attachments (Attachment 1, Exhibit A and
Attachment 4).
Public Conaient after Planning Commission bearing
One public comment letter was received on May 28, 2014 regarding potential flooding as a result
of the proposed development (Attachment 11). Applicable drainage requirements were reviewed
by the City Engineer and the project is appropriately conditioned.
FINANCIAL IMPACTS
The project is subject to cost recovery with all expenses paid by the applicant. The applicant has
paid $13,650.00 cost recovery fees to date.
ATTACHMENTS
1. Resolution -- Mitigated Negative Declaration/Mitigation Monitoring and Reporting Program
2. Ordinance -- Zoning Map Amendment from R-4 to R-2
3. Resolution -- Tentative Subdivision Map for Avila Ranch
4. Initial Study and Mitigated Negative Declaration
5. Planning Commission Resolution No. 2014-09 recommending approval of the Mitigated
Negative Declaration
6. Planning Commission Resolution No. 2014-10 recommending approval of the Zoning Map
Amendment from R-4 to R-2
7. Planning Commission Resolution No. 2014-11 reconunending approval of the Tentative
Subdivision Map for Avila Ranch
8. Letter from the City Engineer to the Planning Commission dated April 30, 2014
9. Planning Commission Staff Report
10. Project Plans
11. Public comment letter