HomeMy WebLinkAboutResolution 2010-157 N.C.S. 08/02/2010Resolution No. 2010-157 N.C.S.
of the City of Petaluma, California
RESOLUTION AMENDING RESOLUTIONS 2008-086, -087, -088, -089, -090, -091, -092, -
093, -094 AND -095 N.C.S. SETTING VARIOUS DEVELOPMENT IMPACT FEES TO
REDUCE DEVELOPMENT IMPACT FEES FOR ACCESSORY DWELLING UNITS;
AND AMENDING RESOLUTION NO.2008-097 N.C.S. SETTING WASTEWATER
CAPACITY FEES TO MODIFY THE DEFINITION OF ACCESSORY DWELLING
WHEREAS, on May 19, 2008, pursuant to its General Plan 2025 and applicable State
and local law, the City of Petaluma ("CITY") updated certain fees and charges applicable to new
development in the City, including the Aquatic Center Facilities Impact Fee, Community Center
Facilities Impact Fee, Fire Suppression Facilities Impact Fee, Law Enforcement Facilities Impact
Fee, Library Facilities Impact Fee, Open Space Acquisition Impact Fee, Parkland Acquisition
Fee for Non -Quimby Act Development Projects, Parkland Development Impact Fee, Public
Facilities Impact Fee, Traffic Impact Fee, and Wastewater Capacity Fee; and,
WHEREAS, Section 7.030.A of the City of Petaluma Implementing Zoning Ordinance
("IZO") adopted by Ordinance No. 2300 N.C.S. on July 2, 2008, sets a maximum allowable size
of 640 square feet for an "Accessory Dwelling"; and,
WHEREAS, Accessory Dwellings typically have a lower occupancy count than single-
family residences due to their smaller size; and,
WHEREAS, pursuant to Government Code section 65852.150, the State legislature has
found that second units; defined in terms that would include the City's Accessory Dwelling
category, are a valuable form of housing in California; and,
WHEREAS, Government Code section 65852.150 requires that any provisions adopted
by local agencies relating to unit size, parking, fees and other requirements for second units not
be so arbitrary, excessive or burdensome as to unreasonably restrict the ability of homeowners to
create second units in zones in which they are authorized by local ordinance; and,
WHEREAS, by adopting A.B. 1866 in 2002, the State legislature amended Government
Code sections 65583.1, 65852.2 and 65915, to implement pre-emptive statewide policy
regarding the processing of applications for second units to further encourage the use of second
units in recognition of their contribution to affordable housing stock statewide; and,
WHEREAS, Government Code section 65852.2, subdivision (f) provides that fees
charged for the construction of second units shall be determined in accordance with the
Mitigation Fee Act, Government Code sections 66000, et seq.; and,
WHEREAS, the studies of the impacts of development on city services and facilities
("Cost Studies") on which the City relied under the Mitigation Fee Act for its adoption of
development impact and wastewater capacity fees in Resolutions No. 2008-086, -087, -088, -
089, -090, -091, -092, -093, -094, -095, and -097 N.C.S., ("the Fee Resolutions") as referenced
and described in each such resolution, rely in part on average occupancy of various categories of
residential development in the City to establish the expected impact of such residential
development on City services and facilities; and,
Resolution No. 2010-157 N.C.S. Page 1
WHEREAS, of the Fee Resolutions, only Resolution No. 2008-097 N.C.S., setting
wastewater capacity fees, expressly provided for a reduced fee for Accessory Dwellings,
premised on smaller size and lower occupancy of Accessory Dwellings; and,
WHEREAS, the Cost Studies provide a basis and methodology for establishing fees for
Accessory Dwellings for all of the Fee Resolutions at a lower level than fees for single-family or
multi -family residential dwelling units because of the smaller size and lower occupancy of
Accessory Dwellings; and,
WHEREAS, Section 13 of Resolutions No. 2008-086, -087, -088, -089, -090, -091, -092,
-093, and -094 N.C.S.; and Section 11 of Resolutions No. 2008-095 and -097 N.C.S.; each
provides for the subsequent analysis and revision of the respective fees; and,
WHEREAS, in adopting the fee revisions contained in 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 71.14 of the Petaluma Municipal Code,
collectively and separately; and,
WHEREAS, this resolution is exempt from the California Environmental Quality Act
("CEQA") because the modification made to existing fees by this Resolution are not a "project"
pursuant to Title 14, Chapter 3, California Code of Regulations ("CEQA Guidelines"), Section
15378(b)(4)(creation of government funding mechanisms or fiscal activities which do not
involve commitment to any specific project); and/or CEQA Guidelines Section 15378 (setting of
rates, fees and charges), and/or Public Resources Code Section 21080(b)(8)(D)(obtaining funds
for capital projects necessary to maintain service within existing service areas), and/or CEQA
Guidelines Section 15061(b)(3)(the common sense exception for projects which have no
potential for causing a significant effect on the environment).
NOW, THEREFORE, BE IT RESOLVED
1. Findings. The recitals set forth above are true and correct and adopted as findings of the
City Council. The City Council further finds that the record of proceedings on the May 19,
2008 adoption of the Fee Resolutions and this action establish:
a. As to Accessory Dwellings, the Cost Reports referenced in each Fee Resolution
and Fee Resolutions establish that there is a reasonable relationship between the
amount of fee reductions proposed herein for Accessory Dwellings, the total
amount it will cost to construct or acquire the public facilities and services
described in the Cost Reports and Fee Resolutions (collectively the "Facilities")
and the proportion by which Accessory Dwellings within the City of Petaluma
contribute to the need for the Facilities because the reduced fees are calculated
based on the number of residents generated by Accessory Dwellings.
b. The method of allocation of the reduced fees for Accessory Dwellings modified
by this resolution bears a fair and reasonable relationship to each Accessory
Dwelling's burden on, and benefit from, the Facilities to be funded by each Fee,
because each Fee is calculated based on the number of residents an Accessory
Dwelling will generate.
Resolution No. 2010-157 N.C.S. Page 2
2. Amendment of Resolution No. 2008-086 N.C.S. A Resolution of the City Council of the City
of Petaluma Updating the Aquatic Center Facilities Impact Fee for Future Development
Within the City of Petaluma and Superseding Such Fee Adopted by Resolution No. 2003-213
N.C.S., Adopted October 27, 2003, is hereby amended as follows:
The following definition shall be added to Section 1, "Definitions", of said
Resolution: "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. Exhibit A of Resolution No. 2008-086 N.C.S. is amended to include the category
of Accessory Dwelling Unit and provide in full as follows:
AQUATIC CENTER FACILITIES IMPACT FEE
Land Use .Type
.�
ountUriit
FeeA�mova
17TIR
ofMeasurernent .°
Single Family Residential
$346
Unit
Multifamily Residential
$233
Unit
Accessory Dwelling Unit
$119
Unit
Commercial
$66
1,000 square feet of building space
Office
$63
1,000 square feet of building space
Industrial
$40
1,000 square feet of building s ace
Amendment of Resolution No. 2008-087 N.C.S. A Resolution of the City Council of the City
of Petaluma Updating the Community Center Facilities Impact Fee to Provide for Expansion
of Community Center Facilities for Future Development within the City of Petaluma and
Superseding Such Fee Adopted by Resolution No. 2003-208 N.C.S. Adopted October 27,
2003.
a. The following definition shall be added to Section 1, "Definitions", of said
Resolution: "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. Exhibit A of Resolution No. 2008-087 N.C.S. is amended to include the category
of Accessory Dwelling Unit as follows:
COMMUNITY CENTER FACILITIES IMPACT FEE
Lantl Use Type
FeeAmount
Unit of Measurement .: P..
Single Family Residential
$1,458
Unit
Multifamily Residential
$983
Unit
Accessory Dwelling Unit
$500
Unit
Resolution No. 2010-157 N.C.S. Page 3
LandtJseT 4„
�
Fee Amo nt, �� ��
s..
Unt#�o#�M�asurernent�.
r - .�
Commercial
$277
1,000 square
feet of bu Iding
space
Office
$264
1,000 square
feet of building
space
Industrial
$168
1,000 square
feet of building
space
4. Amendment of Resolution No. 2008-088 N.C.S. A Resolution of the City Council of the City
of Petaluma Updating the Fire Suppression Facilities Impact Fee for Future Development
Within the City of Petaluma and Superseding Such Fee Updated by Resolution No. 2003-207
N.C.S. Adopted October 27, 2003.
a. The following definition shall be added to Section 1, "Definitions," of said
Resolution: "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. Exhibit A of Resolution No. 2008-088 N.C.S. is amended to include the category
of Accessory Dwelling Unit as follows:
FIRE SUPPRESSION FACILITIES IMPACT FEE
Land Use Typed h
fee Amount
Unitof,MeasurementFk
Single Family Residential
$806
Unit
Multifamily Residential
$543
Unit
Mobile Home
$806
Unit
Senior Housing
$543
Unit
Assisted Living Units
$543
Unit
Accessory Dwelling Unit
$277
Unit
Commercial Lodging
$543
Unit
Commercial
$153
1,000 square
feet of building
space
Retail
$153
1,000 square
feet of building
space
Office
$147
1,000 square
feet of building
space
Industrial
$93
1,000 square
feet of building
space
5. Amendment of Resolution No. 2008-089 N.C.S. A Resolution of the City Council of the City
of Petaluma Updating the Law Enforcement Facilities Impact fee for Future Development
Within the City of Petaluma and superseding Such Fee Updated by Resolution No. 2003-210
N.C.S. Adopted October 27, 2003.
a. The following definition shall be added to Section 1, "Definitions," of said
Resolution: "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."
Resolution No. 2010-157 N.C.S. Page 4
b. Exhibit A of Resolution No, 2008-099 N.C.S. is amended to include the category
of Accessory Dwelling Unit as follows:
LAW ENFORCEMENT FACILITIES IMPACT FEE
TIVIT11,111 e Ype
Fee Amount
�R M
11JIN f3Measurement
Single Family Residential
$1,218
Unit
Multifamily Residential
$820
Unit
Mobile Home
$1,218
Unit
Senior Housin
$820
Unit
Assisted Living Units
$820
Unit
Accessory Dwelling Unit
$418
Unit
Commercial Lodging
$820
Unit
Retail
$230
1,000 square feet of building space
Commercial
$230
1,000 square feet of building space
Office
$221
1,000 square feet of building space
Industrial
$140
1,000 square feet of building space
6. Amendment of Resolution No. 2008-090 N.C.S. A Resolution of the City Council of the City
of Petaluma Updating the Library Facilities Impact Fee for Future Development Within the
City of Petaluma and Superseding Such Fee Adopted by Resolution No. 2003-211 N.C.S.
Adopted October 27, 2003.
a. The following definition shall be added to Section 1, "Definitions," of said
Resolution: "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. Exhibit A of Resolution No. 2008-090 N.C.S. is amended to include the category
of Accessory Dwelling Unit as follows:
LIBRARY FACILITIES IMPACT FEE
F ,' tow
Land�UseT�ype �.
FeeAmount
Unit of Measurement:
Single Family Residential
$621
Unit
Single Family - attached
$621
Unit
Multifamily Residential
$419
Unit
Mobile Home
$621
Unit
Accessory Dwelling Unit
$213
Unit
Commercial
$1 18
1,000 square feet of building space
Office
$1 12
1,000 square feet of building space
Industrial
$72
1,000 square feet of building space
7. Amendment of Resolution No. 2008-091 N.C.S. A Resolution of the City Council of the City
of Petaluma Updating the Open Space Acquisition Fee for New Development Projects to
Provide for Open Space Acquisition Necessary to Serve Future Development Within the City
of Petaluma and Superseding Such Fee Adopted by Resolution No. 2003-212 N.C.S.
Adopted October 27, 2003.
Resolution No. 2010-157 N.C.S. Page 5
a. The following definition shall be added to Section 1, "Definitions," of said
Resolution: "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. Exhibit A of Resolution No. 2008-091 N.C.S. is amended to include the category
of Accessory Dwelling Unit as follows:
OPEN SPACE ACQUISITION FEE
LandtUse ype
Single Family Residential
Fee'/mount =jtlJnttofMepsurement
$6,039
sw;
Unit
Multifamily Residential
$4,065
Unit
Accessory Dwelling Unit
$2,072
Unit
Commercial Lodging
$4,065
Rental Unit
Commercial
$1,144
1,000 square feet of building space
Office
$1,094
1,000 square feet of building space
Industrial
$696
1,000 square feet of building space
Amendment of Resolution No. 2008-092 N.C.S: A Resolution of the City Council of the City
of Petaluma Updating the Park Land Acquisition Fee for Non -Quimby Act Development
Projects to Provide for Park Land Acquisition Necessary to Serve Future Development
within the City of Petaluma and Superseding Such Fee Adopted by Resolution No. 2003-212
N.C.S. Adopted October 27, 2003.
a. The following definition shall be added to Section 1, "Definitions", of said
Resolution: "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. Exhibit A of Resolution No. 2008-092 N.C.S. is amended to include the category
of Accessory Dwelling Unit as follows:
PARK LAND ACQUISITION FEE NON-QUIMBY ACT DEVELOPMENT PROJECTS
mF�e Amount ..,
Unitiaf Measurement <143
Single Family Residential
$3,257
Unit
Multifamily Residential
$2,207
Unit
Accessory Dwelling Unit
$1,1 17
Unit
Commercial
$617
1,000 square feet of building space
Office
$589
1,000 square feet of building space
Industrial
$376
1,000 square feet of building space
Resolution No. 2010-157 N.C.S. Page 6
9. Amendment of Resolution No. 2008-093 N.C.S. A Resolution of the City Council of the City
of Petaluma Updating the Park Land Development Impact Fee to Provide for Park
Improvements for Community and Neighborhood Parks for Future Development Within the
City of Petaluma and Superseding Such Fee Adopted by Resolution No. 2003-212 N.C.S.
Adopted October 27, 2003.
a. The following definition shall be added to Section 1, "Definitions", of said
Resolution: "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. Exhibit A of Resolution No. 2008-093 N.C.S. is amended to include the category
of Accessory Dwelling Unit as follows:
PARK LAND DEVELOPMENT IMPACT FEE
4andUse Type ..w Y
Fee 4mount4Un
I#NofMeasurment
Unit
Single Family Residential
$5,381
Single Family - Attached
$5,381
Unit
Multifamily Residential
$3,623
Unit
Manufactured Home
$5,381
Unit
Accessory Dwelling Unit
$1,846
Unit
Commercial
$1,019
1,000 square feet of building space
Office
$975
1,000 square feet of building space
Industrial
$621
1,000 square feet of building space
10. Amendment of Resolution No. 2008-094 N.C.S. A Resolution of the City Council of the City
of Petaluma Updating the Public Facilities Impact fee to Provide for Reconstruction of City
Hall, Acquisition of City Vehicles, and Necessary Technological and Communications
Equipment to Provide General Government Services for Future Development Within the City
of Petaluma and Superseding Such Fee Adopted by Resolution No. 2003-209 N.C.S.
Adopted October 27, 2003.
a. The following definition shall be added to Section 1, "Definitions", of said
Resolution: "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. Exhibit A of Resolution No. 2008-094 N.C.S. is amended to include the category
of Accessory Dwelling Unit as follows:
Resolution No. 2010-157 N.C.S. Page 7
PUBLIC FACILITIES IMPACT FEE
Land Use�Type t �"�
Single Family Residential
FeeAmount�V
$1,387
*UnitdofMeasurernent ,..u„
Unit
Multifamily Residential
$934
Unit
Accessory Dwelling Unit
$476
Unit
Commercial
$263
1,000 square feet of building space
Office
$251
1,000 square feet of building space
Industrial
$160
1,000 square feet of building space
11. Amendment of Resolution No. 2008-095 N.C.S. A Resolution of the City Council of the City
of Petaluma Updating the Traffic Development Impact Fee for Future Development Within
the City of Petaluma and Superseding Such Fee Updated by Resolution No. 2003-206 N.C.S.
Adopted October 27, 2003.
a. The following definition shall be added to Section 1, "Definitions", of said
Resolution: "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. Exhibit A of Resolution No. 2008-095 N.C.S. is amended to include the category
of Accessory Dwelling Unit as follows:
TRAFFIC IMPACT FEE - CALTRANS PREFERRED ALTERNATIVE
I%dnd Use Typed
Fee�Amou t
>.,.r
Unit of Measurement ~ �� � MA,
- Q...
Single Family Residential
$19,957
Unit
Multifamily Residential
$12,173
Unit
Senior Housing
$5,190
Unit
Accessory Dwelling Unit
$5,588
Unit
Office
$19,160
1,000 square feet of building space
Hotel/Motel
$13,771
Room
Commercial/ShoppingCommercial/Shopping
$18,602
1,000 square feet of building space
Land��
nUse T. e���=�
Industrial/Warehouse
°
$1 1,974
,LinitofNlecisurert►ert . ,..:`
1,000 square feet of building space
Education
$2,994
Student
Institution
$8,581
1,000 square feet of building space
TRAFFIC IMPACT FEE - LOCALLY PREFERRED ALTERNATIVE
Land Use Tm e
t 4"
Fee Amount
.;
-xV
UnitoffVleasurement
a
Single Family Residential
$16,290
Unit
Multifamily Residential
$9,937
Unit
Senior Housing
$4,235
Unit
Accessory Dwelling Unit
$4,561
Unit
Office
$15,638
1,000 square
feet of building space
Hotel/Motel
$11,240
Room
Commercial/ShoppingCommercial/Shopping
$15,150
1,000 square
feet of building space
Industrial/Warehouse
$9,774
1,000 square
feet of building space
Education
$2,444
Student
Institution
$7,005
1,000 square
feet of building space
Resolution No. 2010-157 N.C.S. Page 8
12. Amendment of Resolution No. 2008-097 N.C.S. A Resolution of the City Council of the City
of Petaluma Updating the Wastewater Capacity Fees for New Development Projects Within
the City of Petaluma and Superseding Such Fee Updated by Resolution No. 2002-190 N.C.S.
Adopted December 2, 2002.
a. The definition entitled "Accessory Dwelling" shall be deleted from Section 1 of
Resolution No. 2008-097.
b. The following definition shall be added to Section 1, "Definitions," of said
Resolution: "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."
13. Effective Date. This Resolution shall become effective immediately.
14. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution
is for any reason held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this Resolution.
The City Council herby declares that it would have passed this Resolution and each section,
subsection, phrase or clause thereof irrespective of the fact that any one or more sections,
subsections, phrases or clauses be declared unconstitutional on their face or as applied.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a Regular meeting on the 2"d day of August, for
2010, by the following vote:
Assistant City Attorney
AYES:
Barrett, Vice Mayor Glass, Healy, Renee, Mayor Torliatt
NOES:
Rabbitt
ABSENT:
Harris
ABSTAIN:
None
ATTEST:
City Clerk
Resolution No. 2010-157 N.C.S. Page 9