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HomeMy WebLinkAboutStaff Report 3.B 9/10/20121 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 A�It-"Iil#3.3 EFFECTIVE DATE ORDINANCE NO. 2444 N.C.S OF ORDINANCE Introduced by Seconded by AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA: AMENDING PETALUMA MUNICIPAL CODE SECTIONS 20.34.090, 15.08.010, AND 15.72.020; REPEALING SECTIONS 17.35.010 THROUGH 17.35.080, SECTIONS 11.80.010 THROUGH 11.80.140, SECTIONS 17.12.010 THROUGH 17.12.050, AND SECTIONS 17.14.010 THROUGH 17.14.090; AND ADDING NEW TITLE 19, ENTITLED "DEVELOPMENT FEES," NEW CHAPTER 19.04 ENTITLED "CITY FACILITIES DEVELOPMENT IMPACT FEE," NEW CHAPTER 19.08 ENTITLED "OPEN SPACE LAND ACQUISITION FEE," CHAPTER 19.12 ENTITLED "PARK LAND ACQUISITION FEE (NON-QUIMBY ACT)," NEW CHAPTER 19.16 ENTITLED "PARK LAND DEVELOPMENT IMPACT FEE," NEW CHAPTER 19.20 ENTITLED "RESERVED," NEW CHAPTER 19.24 ENTITLED "TRAFFIC DEVELOPMENT IMPACT FEE," NEW CHAPTER 19.28 ENTITLED "WATER CAPACITY FEE," NEW CHAPTER 19.32 ENTITLED "WASTEWATER CAPACITY FEE," AND NEW CHAPTER 19.36 ENTITLED "COMMERCIAL DEVELOPMENT HOUSING LINKAGE FEE" IN AND TO THE CITY OF PETALUMA MUNICIPAL CODE WHEREAS, pursuant to section 66000 and following of the California Government Code (the "Mitigation Fee Act"), the Petaluma City Council has adopted a development fee program to recover costs associated with projected impacts that development will have on the City's infrastructure and services; and, WHEREAS, enabling legislation for the development fee program is contained in various chapters of the Petaluma Municipal Code; and, WHEREAS, the City Council desires to consolidate most of the City's development related fees into a single title and to update the findings supporting the imposition of such fees in accordance with current provisions of the Mitigation Fee Act and other applicable law, and to facilitate ongoing administration and consistent application of the City's development fee program; and, WHEREAS, the City Council desires to update its park land dedication/in lieu fee requirement adopted pursuant to California Government Code section 66477 (the "Quimby Act") codified in Chapter 20.34 entitled Park and Recreation Land Dedication and Improvement of the Petaluma Municipal Code. Ordinance No. 2444 N.C.S. Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 NOW, THEREFORE, the City Council of the City of Petaluma does ordain as follows: Section 1. Section 20.34.090 Entitled "Amount of Park Land Required" of the Petaluma Municipal Code Amended. Section 20.34.090 entitled "Amount of Park Land Required" of the Petaluma municipal Code is hereby amended to read in full as follows: 20.34.090 Amount of park land required. It is found and determined in accordance with subdivision (a), paragraph (2) of the Quimby Act, the general plan, and the Mitigation Fee Act Nexus Report & Quimby Act In -Lieu Fee Report ("Report") prepared by Municipal Resource Group, dated August 14, 2012, including Chapter 5, as adopted by the city council, that the amount of existing neighborhood and community park land within the city as calculated pursuant to subdivision (a)paragraph (2) of the Quimby Act equals or exceeds five acres of park land for each one thousand persons residing within the city. It is also found and determined in accordance with the general plan that the public interest, convenience, health, safety and welfare require maintaining a park standard of five acres per one thousand residents. It is further found and determined in accordance with the Report that based on the city's existing park land inventory, a park land dedication standard of 3.4 acres per one thousand residents will maintain a park land standard of five acres per one thousand residents through general plan build out; and that therefore the public interest, convenience, health, safety and welfare require that 3.4 acres of park land for each one thousand persons residing in a subdivision within the city subject to this chapter be dedicated for local park and recreation purposes within city jurisdiction, or that equivalent fees be paid or a combination of both. In accordance with subdivision (a)paragraph (5) of the Quimby Act, it is found and determined that the amount of land to be dedicated, or fees to be paid, bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. In accordance with subdivision (a) paragraph(2) of the Quimby Act, the amount of land to be dedicated shall be calculated according to the following formula: LAND =AxB A. "A" means the park and recreation area required per dwelling unit, based on the type of dwelling units of the proposed subdivision and the park area per one thousand city residents. 1. The park area of the city is determined to be 5.1 acres per one thousand residents, or .0051 acres per resident. The park area required to be dedicated to maintain a park land standard of five acres per one thousand residents through general plan build out is 3.4 acres per one thousand residents or .0034 acres per resident. 2. The park and recreation area required per dwelling unit is established as follows: a. Single -Family Unit. For dwelling units to be constructed on property zoned for single-family development, or for projects Ordinance No. 2444 N.C.S. \ 2 3 4 5 6 7 H 4 |0 ll 12 13 |4 15 \O 17 lA 19 20 2| 22 23 24 25 26 27 28 29 30 31 cD 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 5\ 52 Section Section approved for such development, each unit isassigned 2.Yl5 residents. Therefore, A=29l5xU.0O34=O.0099acres required per unit. b. Multifamily Unit. For dwelling units fobe constructed on property zoned for multiple -family development, orfor projects approved for such development, each unit isassigned l963 residents. Therefore. /\ = 1.963x0.0034= 0.0067 acres required per unit. c. Accessory dwelling unit For accessory dwelling units to be constructed onproperty where such units are permitted, orfor projects approved for such development, each unit isassigned l.O resident. Therefore, A=ll)xOI034=.0O34acres required per unit. B. "B" means the number of dwelling units in the proposed subdivision. For the purpose of this section, the number of dwelling units in the proposed subdivision shall be determined as follows: In areas zoned for one dwelling unit per lot or parcel, the number of dwelling units shall equal the number of parcels indicated on the final map. When the subdivision islocated inmnarea zoned for multiple dwelling units per parcel, the number of dwelling units shall equal the maximum number of dwelling units allowed under that zone. For residential condominium projects, the number of dwelling units shall equal the number of condominium units indicated onthe final map. For planned development projects, thonumher ofdwelling units shall equal the number ofdwelling units indicated onthe approved planned development plan. Section l5.08.0lOEntitled "Permit Required - Charges" ofthe Petaluma Municipal Code Amended. Section l5/J8.Ol0entitled "Permit Required Charges" ofthe Petaluma municipal Code bhereby amended foread infull asfollows: An applicant for water service shall connect with the water system only after obtaining opermit todnsoand shall pay connection charges osestablished from time totime bycity council resolution and water capacity fees adopted pursuant 10Chapter l9.28ofthis code. Subdivision 8of Section l5'72.028Entitled "Types mfCharges and Fees" mfthe Petaluma Municipal Code Amended. Subdivbion8o[seotionl5.72.O20entO|ed"TypesofChorgesondFees"ofthe Petaluma municipal Code is hereby amended to read in full as follows: B. Charges for connection tothe city sewer and wastewater capacity fees adopted pursuant 10Chapter l9.28nfthis code. Ordinance No. 2444 N.C.S. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Section 4. Sections 11.80.010 through 11.80.140, 17.12.010 through 17.12.050, 17.14.010 through 17.14.090, and 17.35.010 through 17.35.080 Repealed. The following sections of the City of Petaluma Municipal Code are hereby repealed in their entirety effective on the date(s) indicated in Section 10 below, "Effective Date(s) of Amendments:" A. Sections 1 1.80.010 through 1 1.80.140 relating to traffic impact development fees. Sections 17.12.010 through 17.12.050, relating to park land acquisition for non -Quimby act development. C. Sections 17.14.010 through 17.14.090, relating to various fees for city facilities, including aquatic center, Community Center, library, fire suppression, law enforcement and public facilities. D. Sections 17.35.010 through 17.35.080 relating to commercial development housing linkage fees. Section 5. New Title 19, entitled "Development Fees," Added. A new title 19 entitled "Development Fees" is hereby added to the Petaluma Municipal Code. Section 6. New Chapter 19.04, entitled "City Facilities Development Impact Fee" new Chapter 19.08, entitled "Open Space Land Acquisition Fee," new Chapter 19.12, entitled "Park Land Acquisition Fee (Non -Quimby Act)," new Chapter 19.16, entitled "Park Land Development Impact Fee," new Chapter 19.20, entitled "Reserved," new Chapter 19.24, entitled "Traffic Development Impact Fee," new Chapter 19.28, entitled "Water Capacity Fee," new Chapter 19.32, entitled "Wastewater Capacity Fee," and new Chapter 19.36 entitled "Commercial Development Housing Linkage Fee"; added. A new Chapter 19.04 entitled "City Facilities Development Impact Fee"; a new Chapter 19.08 entitled "Open Space Land Acquisition Fee"; a new Chapter 19.12 entitled "Park Land Acquisition Fee (Non -Quimby Act)"; a new Chapter 19.16 entitled "Park land Development Impact Fee"; a new Chapter 19.20 entitled "Reserved"; a new Chapter 19.24 entitled "Traffic Development Impact Fee"; a new Chapter 19.28 entitled "Water Capacity Fee"; a new Chapter 19.32 entitled "Wastewater Capacity Fee"; and a new Chapter 19.36 entitled "Commercial Development Housing Linkage Fee," are hereby added to Title 19 of the Petaluma Municipal Code to read in full as follows: Ordinance No. 2444 N.C.S. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 TITLE 19 Chapter 19.04 City Facilities Development Impact Fee Chapter 19.08 Open Space Land Acquisition Fee Chapter 19.12 Park Land Acquisition Fee (Non -Quimby Act) Chapter 19.16 Park Land Development Impact Fee Chapter 19.20 Reserved Chapter 19.24 Traffic Development Impact Fee Chapter 19.28 Water Capacity Fee Chapter 19.32 Wastewater Capacity Fee Chapter 19.36 Commercial Development Housing Linkage Fee CHAPTER 19.04 CITY FACILITIES DEVELOPMENT IMPACT FEE 19.04.010 Purpose. In order to implement the goals and objectives of the Petaluma General Plan and to mitigate the impacts caused by future development in the city, certain public facilities must be constructed. The city council has determined that a city facilities development impact fee is needed in order to finance general public facilities (aquatic center, community center, fire suppression, law enforcement, library and public facilities) required to provide public services for new development in the city and to provide for payment of each development's fair share of the construction and acquisition costs of such improvements needed to serve such new development. In establishing the city facilities development impact fee described in the following sections, the city council has found the fee to be consistent with its general plan, and, pursuant to Government Code Section 65913.2, 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. 19.04.020 Petaluma City Facilities Development Impact Fee Established. A. A city facilities development impact fee ("city facilities fee") is established pursuant to California Government Code Section 66000, et seq. ("Mitigation Fee Act") to pay for public facilities (aquatic center, community center, fire suppression, law enforcement, library and public facilities including city hall, corporation yard and other facilities) required to provide public services for new development in the city. B. Pursuant to California Government Code Section 66001, the city council shall, in a city council resolution adopted after a duly noticed public meeting, set forth the amount of the city facilities fee, describe the benefit and impact area on which the city facilities fee is imposed, list the public facilities to be financed, describe the estimated cost of the facilities, describe the reasonable relationship between the use of the city facilities fee and the need for the public facilities and the types of future development projects on which the city facilities fee is imposed, and set forth time for payment. Ordinance No. 2444 N.C.S. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 19.04.030 Use of Fee Revenues. The revenues raised by payment of the city facilities fee shall be accounted for in a capital project fund. Separate and special accounts within the fund shall be used to account for revenues, along with any interest earnings on such account. These monies shall be used for the following purposes: A. To pay for property acquisition, including right-of-way acquisition, design, engineering, construction and acquisition of the public facilities designated in the city facilities fee resolution and reasonable costs of outside consultant studies related thereto; B. To reimburse the city for designated public facilities constructed by the city with funds (other than gifts or grants) from other sources together with accrued interest; and, C. To reimburse the city for its costs incurred in establishing, updating, administering and maintaining the city facilities fee in accordance with the Mitigation Fee Act, this chapter, and other applicable law. 19.04.040 Developer Construction of Facilities. If a developer is required, as a condition of approval of a permit or other entitlement, to construct a public facility that has been designated to be financed with city facilities fees, a credit against the city facilities fee otherwise established by this chapter concerning the development project for the developer's actual cost of constructing the public facility in an amount not to exceed the cost of such city facilities as estimated by the city in adopting the city facilities fee shall be offered by the city and, if the city facilities fee is less than such amount, the developer shall be entitled to reimbursement. Reimbursement shall be from the city facilities fee revenues only. 19.04.050 Administrative Guidelines. The city council may, by resolution, adopt administrative guidelines to provide procedures for calculation, payment and other administrative aspects of the city facilities fee. Ordinance No. 2444 N.C.S. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 CHAPTER 19.08 OPEN SPACE LAND ACQUISITION FEE 19.08.010 Purpose. In order to implement the goals and objectives of the Petaluma General Plan, and to mitigate the impacts caused by future development in the city, certain public open space land must be acquired. The city council has determined that an open space land acquisition fee is needed in order to finance public facilities required to provide open space facilities for new development in the city and to provide for payment of each development's fair share of the acquisition costs of such facilities needed to serve such new development. In establishing the open space fee described in the following sections, the city council has found the fee to be consistent with its general plan, and, pursuant to Government Code Section 65913.2, 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. 19.08.020 Petaluma Open Space Land Acquisition Fee Established. A. An open space land acquisition fee ("open space fee") is established pursuant to California Government Code Section 66000, et seq. ("Mitigation Fee Act") to pay for public open space facilities required by the city to provide recreational services to new development in the city. B. Pursuant to California Government Code Section 66001, the city council shall, in a city council resolution adopted after a duly noticed public meeting, set forth the amount of the open space fee, describe the benefit and impact area on which the open space fee is imposed, list the open space facilities to be financed, describe the estimated cost of the facilities, describe the reasonable relationship between the use of the open space fee and the need for the public facilities and the types of future development projects on which the open space fee is imposed, and set forth time for payment. 19.08.030 Use of Fee Revenues. The revenues raised by payment of the open space fee shall be accounted for in a capital project fund. Separate and special accounts within the fund shall be used to account for revenues, along with any interest earnings on such account. These monies shall be used for the following purposes: A. To pay for property acquisition, including right-of-way acquisition, design, engineering, construction and acquisition of the open space and public facilities designated in the fee resolution and reasonable costs of outside consultant studies related thereto; B. To reimburse the city for designated public facilities constructed by the city with funds (other than gifts or grants) from other sources together with accrued interest; and, Ordinance No. 2444 N.C.S. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 C. To reimburse the city for its costs incurred in establishing, updating, administering, and maintaining the open space fee in accordance with the Mitigation Fee Act, this chapter, and other applicable law 19.08.040 Developer Construction of Facilities. If a developer is required, as a condition of approval of a permit or other entitlement, to acquire open space facilities that have been designated to be financed with open space fees, a credit against the open space fee otherwise established by this chapter concerning the development project for the developer's actual cost of acquiring the open space facilities in an amount not to exceed the cost of such open space facilities as estimated by the city in adopting the open space fee shall be offered by the city and, if the open space fee is less than such amount, the developer shall be entitled to reimbursement. Reimbursement shall be from the open space fee revenues only. 19.08.050 Administrative Guidelines. The city council may, by resolution, adopt administrative guidelines to provide procedures for calculation, payment and other administrative aspects of the open space fee. Ordinance No. 2444 N.C.S. \ 2 3 4 5 6 7 H 4 |0 ll 12 13 |4 15 \O 17 lA 19 20 2| 22 23 24 25 26 27 28 29 30 31 cD 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 CHAPTER 19.12 PARK LAND ACQUISITION FEE (NON-QUIMBY ACT) 19.12.010 Purpose. |norder toimplement the goals and objectives ofthe Petaluma General Plan, and to mitigate the impacts caused by future development in the city, certain public facilities must beconstructed. The city council has determined that opark land acquisition fee (non -Quimby Act) is needed in order to finance public facilities required to provide public park facilities for new development in the city of Petaluma and to provide for payment of each development's fair share of the construction and acquisition costs of such improvements needed toserve such new development. |nestablishing the park land acquisition fee (nnn-{DuirnbyAct) described inthe following sections, the city council has found the fee to be consistent with its general plan, and, pursuant to Government Code Section 659l3.2'has considered the effects ofthe fee with respect |o the city's housing needs as established in the housing element of the general plan. The park land acquisition fee (non -Quimby Act) will apply to residential development projects that are not subject to the Quimby Act land dedication or in -lieu fee requirements set forth inChapter 2U.34ofthis code. 19.12.020 Petaluma Park Land Acquisition Fee (Non -Quimby Act) Established. A. Apork land acquisition fee (non -Quimby Act)("non-Quimby Act park land fee")is established pursuant |nCalifornia Government Code Section 66OOU'e1seq. ("Mitigation Fee Act") to pay for public park facilities required by the city to provide recreational services to new development in the city that is not subject to Quimby Act land dedication orin-lieu fee requirements. B. Pursuant toCalifornia Government Code Section 66OOl'the city council shall, in a city council resolution adopted after a duly noticed public meeting, set forth the amount of the non -Quimby Act park land fee, describe the benefit and impact area on which the non -Quimby park land fee is imposed, list the parks and recreation facilities tubefinanced, describe the estimated cost ofthese facilities, describe the reasonable relationship between the use of the non -Quimby Act park land fee and the need for the public facilities and the types offuture development projects onwhichthenon-Quimby Act park land fee isimposed, and set forth time for payment. 19.12.030Use mfFee Revenues. The revenues raised by payment ofthe non -Quimby Act park land fee shall be accounted for inocapital project fund. Separate and special accounts within the fund shall be used to account for revenues, along with any interest earnings on such account. These monies shall be used for the following purposes: A. Topay for property acquisition, including i acquisition, design, engineering, construction and acquisition ofthe public facilities designated inthe fee resolution and reasonable costs ofoutside Ordinance No. 2444 N.C.S. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 To reimburse the city for designated public facilities constructed by the city with funds (other than gifts or grants) from other sources together with accrued interest; and, C. To reimburse the city for its costs incurred in establishing, updating, administering, and maintaining the non -Quimby Act park land fee in accordance with the Mitigation Fee Act, this chapter, and other applicable law. 19.12.040 Developer Construction of Facilities. If a developer is required, as a condition of approval of a permit or other entitlement, to construct a public facility that has been designated to be financed with non -Quimby Act park land fees, a credit against the fee otherwise established by this chapter concerning the development project for the developer's actual cost of constructing the public facility in an amount not to exceed the cost of such public facilities as estimated by the city in adopting the fee shall be offered by the city and, if the fee is less than such amount, the developer shall be entitled to reimbursement. Reimbursement shall be from non -Quimby Act park land fee revenues only. 19.12.050 Administrative Guidelines. The city council may, by resolution, adopt administrative guidelines to provide procedures for calculation, payment and other administrative aspects of the non - Quimby Act park land fee. Ordinance No. 2444 N.C.S. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 CHAPTER 19.16 PARK LAND DEVELOPMENT IMPACT FEE 19.16.010 Purpose. In order to implement the goals and objectives of the Petaluma General Plan, and to mitigate the impacts caused by future development in the city, certain public facilities must be constructed. The city council has determined that a park land development impact fee is needed in order to finance public facilities required to provide public park and recreation facilities for new development in the city of Petaluma and to provide for payment of each development's fair share of the construction and acquisition costs of such improvements needed to serve such new development. In establishing the park land development impact fee described in the following sections, the city council has found the fee to be consistent with its general plan, and, pursuant to Government Code Section 65913.2, 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. 19.16.020 Petaluma Park Land Development Impact Fee Established. A. A park land development impact fee ("park land development fee") is established pursuant to California Government Code Section 66000, et seq. ("Mitigation Fee Act") to pay for construction of public park facilities required by the city to provide recreational services to new development in the city. Pursuant to California Government Code Section 66001, the city council shall, in a city council resolution adopted after a duly noticed public meeting, set forth the amount of the park land development fee, describe the benefit and impact area on which the park land development fee is imposed, list the parks and recreation facilities to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between the use of the park land development fee and the need for the public facilities and the types of future development projects on which the park land development fee is imposed, and set forth time for payment. 19.16.030 Use of Fee Revenues. The revenues raised by payment of the park land development fee shall be accounted for in a capital project fund. Separate and special accounts within the fund shall be used to account for revenues, along with any interest earnings on such account. These monies shall be used for the following purposes: A. To pay for property acquisition, including right-of-way acquisition, design, engineering, construction and acquisition of the public facilities designated in the park land development fee resolution and reasonable costs of outside consultant studies related thereto; Ordinance No. 2444 N.C.S. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 To reimburse the city for designated public facilities constructed by the city with funds (other than gifts or grants) from other sources together with accrued interest; and, C. To reimburse the city for its costs incurred in establishing, updating, administering, and maintaining the park land development fee in accordance with the Mitigation Fee Act, this chapter and other applicable law. 19.16.040 Developer Construction of Facilities. If a developer is required, as a condition of approval of a permit or other entitlement, to construct a public facility that has been designated to be financed with park land development fees, a credit against the park land development fee otherwise established by this chapter concerning the development project for the developer's actual cost of constructing the public facility in an amount not to exceed the cost of such public facilities as estimated by the city in adopting the park land development fee shall be offered by the city and, if the park land development fee is less than such amount, the developer shall be entitled to reimbursement. Reimbursement shall be from the park land development fee revenues only. 19.16.050 Administrative Guidelines. The city council may, by resolution, adopt administrative guidelines to provide procedures for calculation, payment and other administrative aspects of the park land development fee. Ordinance No. 2444 N.C.S. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 CHAPTER 19.20 Ordinance No. 2444 N.C.S. \ 2 3 4 5 6 7 H 4 |0 ll 12 13 |4 15 \O 17 lA 19 20 2| 22 23 24 25 26 27 28 29 30 31 cD 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 CHAPTER 19.24 19.24`010 Purpose. |norder toimplement the goals and objectives ofthe Petaluma General Plan, and |o mitigate the impacts caused by future development in the city, certain public facilities must beconstructed. The city council has determined that utraffic development impact fee isneeded inorder tofinance public facility improvements for new development in the city and to provide for payment of each development's fair share of the construction and acquisition costs of such improvements needed to serve such new development. |nestablishing the traffic development impact fee described inthe following sections, the city council has found the fee toboconsistent with its general plan, and, pursuant toGovernment Code Section 659l3.2'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. l9.24.020Petaluma Traffic Development Impact Fee Established' A. A tnzfUo development impact fee ("traffic impact fee") is established pursuant tuCalifornia Government Code Section 66OUU'efseq. ("Mitigation Fee Aot")topay for public street and thoroughfare improvements required hythe city tomitigate the traffic impacts ofnew development inthe city. Pursuant toCalifornia Government Code Section 66OOl'the city council shall, inocity council resolution adopted after oduly noticed public meeting, set forth the amount ofthe traffic impact fee, describe the benefit and impact area onwhich the traffic impact fee isimposed, list the public facilities tobefinanced, describe the estimated cost ofthese facilities, describe the reasonable relationship between the use ofthe traffic impact fee and the need for the public facilities and the types of future development projects onwhiohthetrofficimpqctfeeisimposed' and set forth time for payment. l9.24.030Use mJFee Revenues. The revenues raised by payment of the traffic impact fee shall beaccounted for in capital project fund. Separate and special accounts within the fund shall beused |o account for revenues, along with any interest earnings onsuch account. These monies shall beused for the following purposes: A. Topay for property acquisition, including i acquisition, design, engineering, construction and acquisition ofthe public facilities designated inthe fee resolution and reasonable costs ofoutside consultant studies related thereto; Ordinance No. 2444 N.C.S. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 To reimburse the city for designated public facilities constructed by the city with funds (other than gifts or grants) from other sources together with accrued interest; and, C. To reimburse the city for its costs incurred in establishing, updating, administering, and maintaining the traffic impact fee in accordance with the Mitigation Fee Act, this chapter, and other applicable law. 19.24.040 Developer Construction of Facilities. If a developer is required, as a condition of approval of a permit or other entitlement, to construct a public facility that has been designated to be financed with traffic impact fees, a credit against the fee otherwise established by this chapter concerning the development project for the developer's actual cost of constructing the public facility in an amount not to exceed the cost of such public facilities as estimated by the city in adopting the fee shall be offered by the city and, if the fee is less than such amount, the developer shall be entitled to reimbursement. Reimbursement shall be from traffic impact fee revenues only. 19.24.050 Administrative Guidelines. The city council may, by resolution, adopt administrative guidelines to provide procedures for calculation, payment and other administrative aspects of the traffic impact fee. Ordinance No. 2444 N.C.S. \ 2 3 4 5 6 7 H 4 |0 ll 12 13 |4 15 \O 17 lA 19 20 2| 22 23 24 25 26 27 28 29 30 31 cD 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 CHAPTER 19.28 WATER CAPACITY FEE 19.28.010 purpose. |norder toimplement the goals and objectives ofthe Petaluma General Plan, and ho mitigate the impacts caused by future development in the city, certain public facilities must beconstructed. The city council has determined that inaddition tothe water connection and service charges required pursuant to Chapter 15.08 of this code, a water capacity fee is needed in order to finance public facilities required to provide water service for new development in the city and to provide for payment of each development's fair share of the construction and acquisition costs of such improvements needed toserve such new development. |nestablishing the water capacity fee described in the following sections, the city council has found the fee to be consistent with its general plan, and pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the city's housing needs as established inthe housing element ofthe general plan. 19.28.020 Petaluma Water Capacity Fee Established. A. Awater capacity fee /'\wo|ercapacity fee"\ is established pursuant to California Government Code Section 66Ul3topay for publicly -owned water faci|itimsjnthe city. Pursuant foGovernment Code Section 66O|3' the water capacity fee isnot odevelopment impact fee. In accordance with subdivision (h)ofGovernment Code Section 66Ol3'the water capacity fee isnot subject tothe provisions ofthe Mitigation Fee Act except osspecified inthat section and subdivision. The city council shall, hlocity council resolution adopted after oduly noticed public meeting, set forth the amount ofthe water capacity fee, describe the benefit and impact area onwhich the water capacity fee is imposed, list the water facilities improvements tobefinanced, describe the estimated cost ofthese facilities improvements, describe the reasonable relationship between the use ofthe water capacity fee and the need for the public facilities improvements and the types offuture development projects onwhiohthevvmteroopoci1yfeeisimposed'ond set forth time for payment. 19�8.030Use o{Fee Revenues. The revenues raised bypayment ofthe water capacity fee shall beaccounted for hlo capital project fund. Separate and special accounts within the fund shall beused 10 account for revenues, along with any interest earnings onsuch account. These monies shall beused for the following purposes: A. Topay for property acquisition, including i acquisition, design, engineering, construction and acquisition ofthe public facilities designated inthe fee resolution and reasonable costs ofoutside consultant studies related thereto; Ordinance No. 2444 N.C.S. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 To reimburse the city for designated public facilities constructed by the city with funds (other than gifts or grants) from other sources together with accrued interest; and, C. To reimburse the city for its costs incurred in establishing, updating, administering and maintaining the water capacity fee in accordance with Government Code Section 66013, this chapter, and other applicable law. 19.28.040 Developer Construction of Facilities. If a developer is required, as a condition of approval of a permit or other entitlement, to construct a public facility that has been designated to be financed with water capacity fees, a credit against the fee otherwise established by this chapter concerning the development project for the developer's actual cost of constructing the public facility in an amount not to exceed the cost of such public facilities as estimated by the city in adopting the fee shall be offered by the city and, if the fee is less than such amount, the developer shall be entitled to reimbursement. Reimbursement shall be from water capacity fee revenues only. 19.28.050 Administrative Guidelines. The city council may, by resolution, adopt administrative guidelines to provide procedures for calculation, payment and other administrative aspects of the water capacity fee. Ordinance No. 2444 N.C.S. \ 2 3 4 5 6 7 H 4 |0 ll 12 13 |4 15 \O 17 lA 19 20 2| 22 23 24 25 26 27 28 29 30 31 cD 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 CHAPTER 19.32 WASTEWATER CAPACITY FEE 19.32J010 purpose. |norder toimplement the goals and objectives ofthe Petaluma General Plan, and ho mitigate the impacts caused by future development in the city, certain public facilities must beconstructed. The city council has determined that owastewater capacity fee is needed in order to finance public facilities required to provide wastewater service for new development in the city and to provide for payment of each development's fair share of the construction and acquisition costs of such improvements needed to serve such new development. |nestablishing the wastewater capacity fee described inthe following sections, the city council has found the fee to be consistent with its general plan, and, pursuant tnGovernment Code Section 659l3.2.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. l9.32.020Petaluma Wastewater Capacity Fee Established. A. Awastewater capacity fee ("*xzstexwotercapacity fee")bestablished pursuant foCalifornia Government Code 66Ol3topay for topay for publicly -owned wastewater facilities in the city. Pursuant to Government Code Section 66Ol3.the wastewater capacity fee isnot odevelopment impact fee. |naccordance with subdivision (h)ofGovernment Code Section 66013, the wastewater capacity fee is not subject to the provisions of the Mitigation Fee Act except os specified inthat section and subdivision. The city council shall, hnocity council resolution adopted after oduly noticed public meeting, set forth the amount ofthe wastewater capacity fee, describe the benefit and impact area onwhich the wastewater capacity fee isimposed, list the wastewater facilities improvements tobe financed, describe the estimated cost ofthese facilities improvements, describe the reasonable relationship between the use ofthe wastewater capacity fee and the need for the public facilities improvements and the types of future development projects on which the wastewater capacity fee isimposed, and set forth time for payment. 19.32.030Use o{Fee Revenues. The revenues raised by payment of the wastewater capacity fee shall be accounted for inocapital project fund. Separate and special accounts within the fund shall beused to account for revenues, along with any interest earnings onsuch account. These monies shall beused for the following purposes: A. Topay for property acquisition, including i acquisition, design, engineering, construction and acquisition ofthe public facilities designated inthe fee resolution and reasonable costs ofoutside Ordinance No. 2444 N.C.S. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 To reimburse the city for designated public facilities constructed by the city with funds (other than gifts or grants) from other sources together with accrued interest; and, C. To reimburse the city for its costs incurred in establishing, updating, administering, and maintaining the wastewater capacity fee in accordance with Government Code Section 66013, this chapter, and other applicable law. 19.32.040 Developer Construction of Facilities. If a developer is required, as a condition of approval of a permit or other entitlement, to construct a public facility that has been designated to be financed with wastewater capacity fees, a credit against the fee otherwise established by this chapter concerning the development project for the developer's actual cost of constructing the public facility in an amount not to exceed the cost of such public facilities as estimated by the city in adopting the fee shall be offered by the city and, if the fee is less than such amount, the developer shall be entitled to reimbursement. Reimbursement shall be from wastewater capacity fee revenues only. 19.32.050 Administrative Guidelines. The city council may, by resolution, adopt administrative guidelines to provide procedures for calculation, payment and other administrative aspects of the wastewater capacity fee. Ordinance No. 2444 N.C.S. \ 2 3 4 5 6 7 H 4 |0 ll 12 13 |4 15 \O 17 lA 19 20 2| 22 23 24 25 26 27 28 29 30 31 cD 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 CHAPTER 19.36 19.36I10 Purpose. A. Mitigation ofAffordable Housing Impacts Linked |oNonresidential Development. The purpose of this chapter is to (1) implement the goals and objectives of the general plan housing element ofthe city ofPetaluma; (2) mitigate the housing impacts caused by new, changed and expanded nonresidential development inthe city ofPetaluma; (3) provide housing affordable to persons who earn between eighty and one hundred percent ofthe area median income. The city council has determined that affordable housing requirements are needed, has found the following requirements to be consistent with its general plan and, pursuant toGovernment Code Section 659l3.2'has considered the effects of the fee with respect to the city's housing needs as established in the city's housing element, osamended from time totime pursuant tostate law. 19.36.020 Findings. A. Need for Affordable Housing. The city council has found that persons of low and moderate income are experiencing increasing difficulty in locating and maintaining adequate, safe and sanitary affordable housing. B. Housing Needs and Impacts Created by Nonresidential Development. Pursuant to the Sonoma County Workforce Housing Linkage Fee Study published byEconomic and Planning Systems Inc. in December 2001, the city council finds that the construction or expansion ofnonresidential development isomajor factorinottrochngnewemp|oymes to the city of Petaluma and the county ofSonoma. Auubstontio| number of these new employees and their families seek residence in the city and county and place a greater strain on an already impacted housing stock. Current and new employees who are unable to find affordable housing in the jurisdictions in which they work are forced to commute long distances. This situation adversely affects their quality of life, consumes limited energy resources, increases traffic congestion and has a negative impact on air quality. Employers have or will have problems attracting a labor force because of the shortage ofhousing affordable tomany workers. C. Means ofMeeting Affordable Housing Demand. Increasing the production and availability of affordable housing is problematic. Prices and rents for affordable housing remain below the level needed to attract new construction. At the same time, land costs and rapidly diminishing amounts of land available for development hinder the provision of affordable housing units solely through private action. Federal and state housing finances and subsidy programs are not sufficient by themselves to satisfy the affordable housing needs associated with employment resulting from nonresidential development. Programs and activities toexpand affordable housing opportunities can be accomplished through public/private partnership action. It is the purpose of this chapter to establish a feasible means by which developers of nonresidential development projects assist in (1) increasing the supp|yoflow- and moderate -income housing and (2) increasing the supply nfhousing inproximity 1nemployment centers. Ordinance No. 2444 N.C.S. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 D. Imposing Housing Requirement on Developers Whose Projects Create the Need. It is appropriate to impose some of the cost of the increased burden of providing housing for low- and moderate -income people necessitated by such development directly upon the sponsors of a development, and indirectly upon the occupiers. The imposition of a commercial linkage fee requirement is an appropriate means to accomplish the purpose of this chapter. In calculating the commercial linkage fee requirement, the city council has taken into account other factors in addition to the simple calculation of contribution. These include impact on construction costs, special factors and hardships associated with certain types of development, and legal issues. E. Rational Relationship Between Affordable Housing Need Created and Fee Requirement. The unit requirements and housing fees contained in this chapter are designed to create a rational relationship between the amount of housing need created by the land use and the size of the fee, taking into account the effect of such fee requirement on providing affordable housing opportunities and the economic feasibility of imposing such requirements. 19.36.030 Definitions. As used in this chapter: "Addition" shall mean adding gross square feet to an existing development project or building subject to this chapter. "Affordable housing" shall mean the total cost of monthly housing payments does not exceed thirty percent of gross household income. "City manager" shall mean the city manager of the city of Petaluma or his/her designee. "Director of community development" shall mean the director of community development for the city of Petaluma, his or her designee, or such person as the city manager may designate. "Expanded nonresidential development" or "expanded nonresidential development project" shall mean construction that results in a net increase in the gross square footage of an existing nonresidential space or any conversion of residential space to nonresidential space. "Gross square feet" or "gross square footage" shall mean the area included within the surrounding walls of a nonresidential development. This area does not include enclosed parking for vehicles. "Low- and moderate -income" shall mean a household with total annual income between eighty percent and one hundred percent of the area median income, adjusted for family size, and in accordance with the Area Median Income Schedule as published annually by the U.S. Department of Housing and Urban Development for the Santa Rosa MSA. "Nexus Study" shall mean the "Sonoma County Workforce Housing Linkage Fee Study" published by Economic and Planning Systems, Inc., in December 2001 as may be amended from time to time. Ordinance No. 2444 N.C.S. E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 "Nonresidential development" or "development project" for purposes of this chapter shall mean any project resulting in new or expanded nonresidential gross square footage. (Ord. 2403 NCS §2, 2011: Ord. 2171 NCS § 1 (part), 2003.) 19.36.040 Application and calculation of fee. A. Payment of Fees Required. Every person constructing or causing to be constructed within the city nonresidential development projects and/or expanded nonresidential development projects as defined in this chapter shall pay to the city a fee computed as set out in this chapter. B. Determination of Land Uses. For the purposes of this chapter, nonresidential land uses shall be divided into three classifications: commercial, retail, and industrial. When necessary, the director of community development or such other person as may be designated by the city manager shall determine the land use classification that most accurately describes the nonresidential development, or in the case of mixed use developments, the portion thereof, for the purposes of determining the fee to be imposed. C. Computation of Fees. The fee charged shall be established from time to time by resolution of the city council and adjusted consistent with the provisions of such resolution and this chapter. D. Adjustment of Fee. The fees specified herein shall increase or decrease annually by the same percentage as the latest "Engineering News Record Construction Cost Index - 20 City Average" ("Index") annually increases or decreases. The adjustment shall be based on a comparison of the most recent Index to the Index in the month of the adoption of the fee, or the Index used for the prior adjustment of the fee. The Finance Director shall compute the increase or decrease in such fee. The first adjustment shall take place on July 1, 2014, and each following July 1st. E. Time of Collection. Such fees shall be due and payable prior to issuance of a building permit, or if no permit is to be issued by the city, at the time a new business license is issued. 19.36.050 Fee credit or refund. A. Fee Credit. A developer of any project subject to the fee requirement of this chapter may apply to receive a credit against the total amount of fees due, or a portion thereof, if said developer provides affordable housing through some other means agreeable to the city of Petaluma. B. Refund of Fee. If the affordable housing fee is paid and the building permit is later canceled or voided, or the permit which triggers the application of the fee fails to vest within the terms of said permit, the director of community development may, upon written request of the developer, order return of the fee if (1) the fees paid have not been committed, and (2) work on the private development project has not progressed to a point that would permit commencement of a new, changed, or expanded use for which a fee would be payable. Ordinance No. 2444 N.C.S. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 19.36.060 Use of fees. A. Use and Disbursement of Monies in the Fund. Monies collected pursuant to this chapter shall be used in accordance with and in support of activities to implement the city's adopted housing element, consolidated plan, and implementation plan. Activities shall be limited to direct expenditures for the development of affordable housing as defined herein or incidental non -capital expenditures related to such projects, including but not limited to land acquisition, applicable predevelopment costs, construction, rehabilitation, subsidization, counseling or assistance to other governmental entities, private organizations or individuals to expand affordable housing opportunities to low - and moderate -income households, and ongoing administration and maintenance of the Commercial Development Housing Linkage Fee program, including expenditures for the cost of studies, legal costs, and other costs of administering, maintaining and updating the program. Monies in the fund may be disbursed, hypothecated, collateralized, or otherwise employed for these purposes from time to time as the city council so determines is appropriate to accomplish the purposes of the affordable housing fund. These uses include, but are not limited to, assistance to housing development corporations, equity participation loans, grants, predevelopment loan funds; participation leases, loans to develop affordable housing or other public/private partnership arrangements. The affordable housing funds may be expended for the benefit of both rental and owner -occupied housing. B. Accounting of Fees. All fees shall be deposited into a segregated account and all expenditures of funds from the same shall be documented and available for public inspection during regular business hours. 19.36.070 Amendment of Fee. This fee may be adjusted from time to time, based upon amendments or updates to the Nexus Study, or based on any other data and analysis which the city council determines to be applicable to the continued establishment of this fee. Section 7. Compliance with the California Environmental Quality Act. The purpose of this ordinance is to authorize funding mechanisms for capital projects necessary to maintain services and facilities within the City's existing service areas. The City currently provides services and facilities to the community, and the fees authorized for adoption by this ordinance will be used to maintain current service levels and equivalent facilities for the community through buildout of the Petaluma General Plan . Therefore, the City Council finds that this ordinance is not a "project" within the meaning of CEQA pursuant to Public Resources Code section 21080, subdivision (b), paragraph (8). Section 8. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase hereof not declared invalid or unconstitutional without regard to any such decision or preemptive legislation. Ordinance No. 2444 N.C.S. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Section 9. Effective Date(s) of Amendments to the Petaluma Municipal Code. Each section and subdivision of the Petaluma Municipal Code listed in Sections 1 through 3 of this ordinance shall be amended, each section of the Petaluma Municipal Code listed in Section 4 of this ordinance shall be repealed, and each new title of the Petaluma Municipal Code listed in Section 5 of this ordinance and each new chapter of the Petaluma Municipal Code listed in Section 6 of this ordinance shall become effective on the date on which revised development fee resolutions for the fees set forth in Section 3 of this ordinance take effect pursuant to duly adopted resolutions of the City Council, Section 66017 of the Government Code of the State of California, and other applicable law. Section 10. Effective Date of Ordinance. In accordance with California Government Code section 36937 and subject to section 9, above, this ordinance shall be effective thirty (30) days from and after the date of its passage. Section 11. Publication. The City Clerk is hereby directed to post/publish this ordinance for the period and in the manner required by the City Charter. INTRODUCED and ORDERED posted/published this 27th day of August 2012. ADOPTED this of 2012, by the following vote: Ayes: Noes: Abstain: Absent: David Glass, Mayor ATTEST: APPROVED AS TO FORM: Claire Cooper, City Clerk Eric Danly, City Attorney Ordinance No. 2444 N.C.S.