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HomeMy WebLinkAboutResolution 2010-157 N.C.S. 08/02/2010Resolution No. 2010-157 N.C.S. of the City of Petaluma, California RESOL,U'I'~ON AIVIENDING ~SOLUTIONS 2008-086, -087, -088, -089, -090, -091, -092, - 093, -094 AND -095 N.C.S. SE'I'TING VARIOiJS DEVELOPIVIENT g1VIPACT FE~S TO REI)UCE DEVE~.OPIVIEN'I' IIVIPAC'I' FEES FOR ACCESSOgZY DWELLING YJNI~'S; AND AIVIENDING RESOLU"~'ION NO. 2008-097 N.C.S. S~'I'TING WAS'1'EWATEIt CAIPACITX ~EES TO MODIFY TI~E DEFINI~'ION O~' ACC'ESSORY IDWE~.I.ING 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, WI~EREAS, 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, WI-~EItEAS, Accessory Dwellings typically have a lower occupancy count than single- family residences due to their smaller size; and, WI~EIZEAS, 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, WI~EREAS, 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, WI~EREAS, 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, WI~EREAS, Government Code section 65852.2, subdivision (~ 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, W~IF.R~AS, 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 WI~EREAS, of the Fee Resolutions, only Resolution No. 2008-097 N.C.S., setting waste~vater capacity fees, expressly provided for a reduced fee for Accessory Dwellings, premised on smaller size and lower occupancy of Accessory Dwellings; and, W~-IEREAS, 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, WI~EREAS, 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, THER~FOIt~, ~E IT RESOLVED 1. Findin~s. 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'.5., 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 DwelTing, 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 ~?~~~~'~ ~~~~~~; ~" ~,~ ~ ~ ~~ ~ ~ w~= ~~ b LandUse.Type ~~ ,,~~ ~,~~,~Pee~A~m,~ou t ~ {~Unitof~Measurernent d ~. . . . . . . _. _.. Sin le Famil Residential $346 Unit ~~~~~b~~~~ ~~ ~ ~. ~.° Multifamil Residential $233 Unit Accesso Dwellin Unit $119 Unit Commercial $bb 1,000 s uare feet of buildin s ace Office $63 1,000 s uare feet of buildin s ace Industrial $40 1,000 s uare feet of buildin 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 ~or Expansion of Comrnunity 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 ~a~ 10NR a~baa+v~'~+° #'<:n^r ; .. '; r ~~ ~ «~~' ~'~•~~.*. ; ~~. Lantl Use Ty~pe '- ~ : ~ ;~Fee Amount"~, ~~~~~~Unit of Measucement . ' ~,~;~~~,~~,~,'~ .:~P..~ ~.. ~ m v~ ~~~~` ° ~i~~~~~~"~.a~!F~e ... r. . W~.~~~a~~~ Sin le Famil Residential $1,458 Unit Multifamil Residential $983 Unit Accessory Dwellin Unit $500 Unit Resolution No. 2010-157 N.C.S. Page 3 .. ~ : ~~ ~ 4~„ ~L~an~d~Use~T~ ~ e~~~~, ~ .~ .~ Commercial ~ ~ ~~ ° ~~ ~~ ~Fee Amo nt, ~ ~ ~ $277 z:. ~ ~Unt#~af~M~asurernent~. • s 1,000 s uare feet of buildin t~u~ ~~.~ .~ ~ ~~: ~ s ace Office $264 1,000 s uare feet of buildin s ace Industrial $168 1,000 s uare feet of buildin s ace 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 ~ ~ ~ ~ ~ ~ ~~~ ~ ~ ~~ n ~ ~~~ ~ ~~ ~~ ~ ~~ ~: ~ ~ ~ ~ ~Land Uy~seType~ ~~ ~~ h ~ ~~e~,eAmount ~Unit~of,AAeasurement~ ~Fk : ,, "~ Sin le Famil Residential $806 Unit Multifamil Residential $543 Unit Mobile Home $806 Unit Senior Housin $543 Unit Assisted Livin Units $543 Unit Accesso Dwellin Unit $277 Unit Commercial Lod in $543 Unit Commercial $153 1,000 s uare feet of buildin s ace Retail $153 1,000 s uare feet of builcJin s ace Office $147 1,000 s uare feet of buildin s ace Industrial $93 1,000 s uare feet of buildin s ace 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. 2008-089 N.C.S. is amended to include the category of Accessory Dwelling Unit as follows: LAW ENFORCEMENT FACILITIES IMPACT FEE ~ .~: ~ ~~~~~~~~ ~and U e~Ype~„,~~~ ~ , ~ ~Fee~Arnount ~U,nlt~of3Measu~rement,~.~~~r,£, , „, A ~ :.~.~~~~ ~~~ Sin le Famil Residential $1,218 Unit Multifamil Residential $820 Unit Mobile Home $1,218 Unit Senior Housin $820 Unit Assisted Livin Units ~820 Unit Accesso Dwellin Unit $418 Unit Commercial Lod in $820 Unit Retail $230 1,000 s uare feet of buildin s ace Commercial $230 1,000 s uare feet of buildin s ace Office $221 1,000 s uare feet of buildin s ace Industrial $140 1,000 s uare feet of buildin s ace 6. Amendment of Resolution No. 2008-090 N.C.S. A Resolution of the City Council of the City of Petaluma Updating the Library Facilities Impact Fee for Future Development Within the City of Petaluma and Superseding Such Fee Adopted by Resolution No. 2003-211 N.C.S. Adopted October 27, 2003. a. The following definition shall be added to Section l, "Definitions," of said Resolution: "Accessory Dwelling" shall mean a second unit which meets the standards set forth in Section 7.030 of Chapter 7, "Standards for Specific Land Uses" of the City of Petaluma Implementing Zoning Ordinance ("IZO"), as modified by any subsequent amendment or successor zoning ordinance and/or development code provision adopted by the City which defines Accessory Dwelling, second unit or second dwelling unit." b. Exhibit A of Resolution No. 2008-090 N.C.S. is amended to include the category of Accessory Dwelling Unit as follows: LIBRARY FACILITIES IMPACT FEE ~{ ~~. F ,~'^~ x ~ h*~ 'y `~' F ~. Y `~~ ,' . v M( H. ~$' 4~ ".A ~~~, a ~ ~ : Land~Use~T~ype ~ ~~~~~ ~~P `~Fee~~Amount ~~Unit of Measurement ~ ~: ~~~~ ~ x. ~~~ ~.~;~ ~.~ e -~. .. . . ~, ~~~ ~~~ ~~.~~~_ ~ ~ ~ ~. ~ ~ ~ . ., . ~ ~~~,~~~ m~°~ <_.~~.. ~ a._ .,~ Sin le Famil Residential $621 Unit Sin le Famil - attached $621 Unit Multifamil Residential $419 Unit Mobile Home $621 Unit Accesso Dwellin Unit ~213 Unit Commercial $J 18 1,000 s uare feet of buildin s ace Office $1 12 1,000 s uare feet of buildin s ace Industrial $72 1,000 square feet of buildin s ace 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 ~P~ ~A',~ : ~C 8? ^€' l~ ~~ . ~ ~- £ ~fu ~C~~ y~'~ '^r'~m'/~' ~~~. ~Land~Use iyp~e~`~ ~~, ~ ~~~~ ~Fee'/~mount ~~=j~ °~lJntt~of~Meps~u`~r`ement : ,~.m~~,~~;, sw; Sin le Famil Residential $6,039 Unit Multifamil Residential $4,065 Unit Accesso Dwellin Unit $2,072 Unit Commercial Lod in $4,065 Rental Unit Commercial $1,144 1,000 s uare feet of buildin s ace Office $1,094 1,000 s uare feet o.f buildin s ace Industrial $696 1,000 s uare feet of buildin s ace 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 D r ~ ~~ : ,:~ ~,~ , ~~ ~ ~~p.~~tl~~~~~Y~e~s~,,,.. . .~ ; ~ ..::,... ~mF~e~A~rriount ~.., Sin le Famil Residential $3,257 EVELOPMENT PROJECTS ~~~ ~~~~~ ~~~ " ~ , ~ . ' ~ ~~itiaf Measurernent~i ~~..: , .. ~~~;~A~~~<<g.~' Unit Multifamil Residential $2,207 Unit Accesso Dwellin Unit $1,1 17 Unit Commercial $617 1,000 s uare feet of buildin s ace Office $589 1,000 s uare feet of buildin s ace Industrial $376 1,000 s uare feet of buildin s ace 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 l, "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 ~Land~Use~Ty,pe~~ ~~ ~~ ..w, Y ~ ~~Fee ;~mount~4 ~~,U~ ItNof~MM~e~asur~ment * " ~, ~ 4 ~ ~ Sin le Famil ~~~Residential ~ y5,381 ~ Unit Sin le Famil - Attached $5,381 Unit Multifamil Residential $3,623 Unit Manufactured Home $5,381 Unit Accesso Dwellin Unit $1,846 Unit Commercial $1,019 1,000 s uare feet of buildin s ace Office $975 1,000 s uare feet of buildin s ace Industrial $621 1,Q00 s uare feef of buildin s ace 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 PEE ~„,~ #9 '""~SWi~~ 1 2 ~ ~ ~~~u%F'~ N~:IFm ~ .:9d '~f2p~~~S ~av,~~t k aJ1sT~ !t1~ y ^~'~ ~brt%~° ,.. Amount~~V *~Unitdof~Measurernent~~~~ ~~ ~~ ~""~'~~~~ ~ ~Fee Lan~ci Use~Type~ ~ - ~ ~ . . ~ K ~ ~ ,~.w.. ~~ . - ~ . -~~~~~~~ ~ ~ . ,. .. . , ~ ~ z~~~~~ ~,~~. ~~.,,w~, ~,;~ . _ . . ~.~ ~~~~~ ~. ~.,. . ~~~ u„~ Sin le Farnil Residential $1,387 Unit Multifamil Residential $934 Unit Accesso Dwellin Unit $476 Unit Commercial $263 1,000 s uare feet of buildin s ace Office $251 1,000 s uare feet of buildin s ace Industrial $160 1,000 s uare feet of buildin s ace 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 l, "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 '~`L"~and~Use Type~~ ~~ x Fee.`~A~mou t ~Unit af Measurement ~~ ~~~~~~~~~~'~~ ,~~ ~~~.~ ~~~ .. o .a ~~,>~.,. ~r~ . ,~:u~~~,~~.~. . :t~. ~~». ~ ~~ Sin le Famil Residential $19,957 Unit Multifamil Residential $12,173 Unit Senior Housin $5,190 Unit Accesso Dwellin Unit $5,588 Unit Office $19,160 1,000 s uare feet of buildin s ace Hotel/Motel $13,771 Room Commercial/Sho in $18,602 1,000 s uare feet of buildin s ace ~ ~ `~ ~~~' ` ~ ~ ~ ~ LancinUse T. e.~~~~=~ . .~; _ Industrial/Warehouse ' ° ~ ~ ° , Feee°Amo,,.u_tit $1 1,974 ~M ~ ,Unit~of~Nlecisurert-e.r~t ~. '~~~ ,.~.~:`: ~ : 1,000 s uare feet of buildin s ace ~ Education $2,994 Student Institution $8,581 1,000 s uare feet of buildin s ace TRAFFIC IMPACT FEE - LOCALIY P ~~~~ ~' -~. ~~~ Land Use Tm e ~~~ ~~Y~.a_ ~~~E~.~. ~.,....,. Sin le Famil Residential REPERRED ALTERNATIVE ~^t~"~ 4 ~~~ ,~ ~ ~? ~~~~ r~~~~ Fee Amount t,Unit~of~Me~asure~ment~ ~~ x ~, .F $16,290 Unit ~~~ " ;: ~ Multifamil Residential $9,937 Unit Senior Housin $4,235 Unit Accesso Dwellin Unit $4,561 Unit Office $15,638 1,000 s uare feet of buildin s ace Hotel/Motel $11,240 Room Commercial/Sho in $15,150 1,000 s uare feet of buildin s ace Industrial/Warehouse $9,774 1,000 s uare feet of buildin s ace Education $2,444 Student Institution $7,005 1,000 s uare feet of buildin s ace Resolution No. 2010-157 N.C.S. Page 8 12. Arnendment of Resolution No. 2008-097 N.C.S. A Resolution of the City Council of the City of I'etaluma 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. Ad~pted 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: AYES: Barrett, Vice Mayor Glass, Healy, Renee, Mayor Torliatt NOES: Rabbitt ABSENT: Harris ABSTAIN: None U ATTEST: City Clerk Assistant City Attorney Resolution No. 2010-157 N.C.S. Page 9