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HomeMy WebLinkAboutResolution 2020-009 N.C.S. 01/06/2020Resolution No. 2020-009 N.C.S. of the City of Petaluma, California RESOLUTION AMENDING RESOLUTIONS 2014-036 (PUBLIC FACILITIES IMPACT FEE), -037 (PARK LAND DEVELOPMENT IMPACT FEE), -038 (PARK LAND ACQUISITION FEE), -039 (OPEN SPACE LAND ACQUISITION FEE), -186 (WASTE WATER CAPACITY FEE) N.C.S AND RESOLUTION 2016-076 N.C.S (TRAFFIC DEVELOPMENT IMPACT FEE) TO COMPLY WITH CHANGES IN CALIFORNIA STATE LEGISLATION ASSOCIATED WITH ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS WHEREAS, on March 3, 2014, 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 City Facilities Impact Fee, the Park Land Development Impact Fee, the Park Land Acquisition Fee for Non -Quimby Act Development Projects, the Open Space Acquisition Impact Fee, and the Wastewater Capacity Fee; and, WHEREAS, on May 16, 2016, pursuant to its General Plan 2025 and applicable State and local law, the City updated Traffic Development Impact Fees applicable to new development in the City; and, WHEREAS, Sections 7.030 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 for an "Accessory Dwelling Unit;" and, WHEREAS, Accessory Dwelling units 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, the State of California, recognizing the importance of Accessory Dwelling Units in addressing California's severe housing crisis, amended Government Code Sections 65852.2 and Section 65852.22, added Government Code Section 65852.26, added Section 17980.12 to the Health and Safety Code, and amended Civil Code Section 4751 to help reduce development barriers and expand potential capacity to build Accessory Dwelling Units and Junior Accessory Dwelling Units; and WHEREAS, California Senate Bill 13, Assembly Bill 68, Assembly Bill 587, Assembly Bill 670 and Assembly Bill 881 were signed into law on October 9, 2019 and become effective on January 1, 2020; and Resolution No. 2019-009 N.C.S. Page 1 WHEREAS, Senate Bill 13, Assembly Bill 68 and Assembly Bill 881 make changes to existing state legislation regarding development standards, development impact and capacity fees, and amnesty for Accessory Dwelling Units and Junior Accessory Dwelling Units; and WHEREAS, Senate Bill 13, Assembly Bill 68 and Assembly Bill 881 mandate that all Accessory Dwelling Units that are less than 750 square feet, are exempt from the imposition of any impact fee by a local agency, special district, or water corporation; and, WHEREAS, Senate Bill 13, Assembly Bill 68 and Assembly Bill 881 mandate that any Accessory Dwelling Units that are 750 square feet or more, may be subject to the imposition of an impact fee by a local agency, special district, or water corporation, so long as that fee is charged proportionately in relation to the square footage of the primary dwelling unit; and, WHEREAS, Senate Bill 13, Assembly Bill 68 and Assembly Bill 881 mandate that up to one Accessory Dwelling Unit and one Junior Accessory Dwelling Unit, when added to an existing single-family dwelling, are exempt from a connection fee or capacity charge; 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, in adopting the fees revisions contained in this Resolution, the City Council is not raising any current development impact fees or capacity charges; and, WHEREAS, this resolution is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 21080.17 of CEQA, which applies to adoption of ordinances by cities to implement the provisions of Section 65852.1 or Section 6582.2 of the Government Code, and 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 CEQA Guidelines Section 15061(b)(3) (the common sense exception for projects which have no potential for causing a significant effect on the environment); and, WHEREAS, the amendments to City development related fees pursuant to this resolution to comply with recent changes to State law affecting Accessory Dwelling Units result in decreases to or elimination of certain fees, and to not result in any new or increased development related fees or charges, and therefore the noticing and other procedural requirements for new or increased development related fees in Government Code Section 66016, 66017, and 66018, part of the Mitigation Fee Act, do not apply; and WHEREAS, on December 26, 2019, public notice was published in the Argus Courier as an eighth page ad in compliance with state and local law; and WHEREAS, on January 6, 2020, after notice thereof having been duly, regularly and lawfully given, a public hearing was held by the City Council to review and consider modifications to the existing fee resolutions pursuant to this resolution. Resolution No. 2019-009 N.C.S. Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1: Findings. The City Council of the City of Petaluma hereby finds: A. The foregoing recitals are true and correct and incorporated herein by reference. B. Based on the staff report, staff presentation, comments received and the public hearing, the City Council makes the following findings based on substantial evidence in the record: 1. In accordance with Section 25.070, paragraph A of the IZO, the proposed amendments to the development related fee resolutions are in general conformity with the Petaluma General Plan 2025 in that the amendments implement the policies of the Petaluma General Plan, as described in the December 17, 2019 Planning Commission Staff Report, as well as the January 6, 2020, City Council Staff Report. 2. In accordance with Section 25.070, paragraph B of the IZO, the proposed amendments are consistent with the public necessity, convenience and welfare in that they update and clarify existing regulations, provide greater flexibility to facilitate the production of ADUs which provides essential housing for Petaluma residents, implement the policies of the General Plan, and that they ensure consistency with state mandates. 3. The proposed resolution is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of CEQA, which applies to adoption of ordinances by cities to implement the provisions of Section 65852.1 or Section 6582.2 of the Government Code, and because the modifications made to the 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 CEQA Guidelines Section 15061(b)(3) (the common sense exception for projects which have no potential for causing a significant effect on the environment). Section 2: Amendment of Resolution No. 2014-036 N.C.S. A Resolution Replacing the Current City Facilities Development Impact Fee Resolution Providing For City Facilities for Future Development within the City of Petaluma, Resolution No. 2012-121 N.C.S., Adopted August 27, 2012, to Amend Provisions Governing Housing Definitions and Credit for Prior Uses, is hereby amended as follows: A. The following subsections are hereby added to Section 5, "Amount of Fee": "e. Accessory Dwelling Units that are 750 square -feet or greater, and equal to 34 percent or more of the square -footage of a primary single-family residence shall pay the full fee for Accessory Dwelling Units noted in Exhibit A. Any accessory Dwelling Unit that is 750 square -feet or greater, and less than 34 percent or more of the square -footage of a primary single-family residence shall pay a fraction of the full Single Family Residence fee noted in Exhibit A that is equal to the proportional relationship between the square -footage of the accessory dwelling unit and the square footage of the primary residence." Resolution No. 2019-009 N.C.S. Page 3 `T. Accessory Dwelling Units that are 750 square -feet or greater, and equal to 51 percent or more of the square -footage of a primary residence in a multi -family dwelling shall pay the full fee for Accessory Dwelling Units noted in Exhibit A. Any accessory Dwelling Unit that is 750 square -feet or greater, and less than 51 percent or more of the square -footage of a primary residence in a multi -family dwelling shall pay a fraction of the full Multi Family Residential fee noted in Exhibit A that is equal to the proportional relationship between the square -footage of the accessory dwelling unit and the square footage of the primary residence." B. The following subsection is hereby added to Section 7, "Inapplicability of Fee": "It. Accessory Dwelling Units that are less than 750 square -feet." Section 3: Amendment of Resolution No. 2014-037 N.C.S. A Resolution Replacing the Park Land Development Impact Fee Resolution Providing for Park Improvements for Community and Neighborhood Parks for Future Development within the City of Petaluma, Resolution No. 2012- 122 N.C.S. Adopted August 27, 2012, to Amend Provisions Governing Housing Definitions and Credit for Prior Uses, is hereby amended as follows: A. The following subsections are hereby added to Section 5, "Amount of Fee": "e. Accessory Dwelling Units that are 750 square -feet or greater, and equal to 34 percent or more of the square -footage of a primary single-family residence shall pay the full fee for Accessory Dwelling Units noted in Exhibit A. Any accessory Dwelling Unit that is 750 square -feet or greater, and less than 34 percent or more of the square -footage of a primary single-family residence shall pay a fraction of the full Single Family Residence fee noted in Exhibit A that is equal to the proportional relationship between the square -footage of the accessory dwelling unit and the square footage of the primary residence." "f. Accessory Dwelling Units that are 750 square -feet or greater, and equal to 51 percent or more of the square -footage of a primary residence in a multi -family dwelling shall pay the full fee for Accessory Dwelling Units noted in Exhibit A. Any accessory Dwelling Unit that is 750 square -feet or greater, and less than 51 percent or more of the square -footage of a primary residence in a multi -family dwelling shall pay a fraction of the full Multi Family Residence fee noted in Exhibit A that is equal to the proportional relationship between the square -footage of the accessory dwelling unit and the square footage of the primary residence." B. The following subsection is hereby added to Section 7, "Inapplicability of Fee": "h. Accessory Dwelling Units that are less than 750 square -feet." Section 4: Amendment of Resolution No. 2014-038 N.C.S. A Resolution Replacing the Current Park Land Acquisition Fee Resolution for Non -Quimby Act Development Projects to Provide for Park Land Acquisition Necessary to Serve Future Development Within the City of Petaluma, Resolution No. 2012-124 N.C.S., Adopted August 27, 2012, to Amend Provisions Governing Housing Definitions and Credits for Prior Uses, is hereby amended as follows: A. The following subsections are hereby added to Section 5, "Amount of Fee": Resolution No. 2019-009 N.C.S. Page 4 "e. Accessory Dwelling Units that are 750 square -feet or greater, and equal to 34 percent or more of the square -footage of a primary single-family residence shall pay the full fee for Accessory Dwelling Units noted in Exhibit A. Any accessory Dwelling Unit that is 750 square -feet or greater, and less than 34 percent or more of the square -footage of a primary single-family residence shall pay a fraction of the full Single Family Residence fee noted in Exhibit A that is equal to the proportional relationship between the square -footage of the accessory dwelling unit and the square footage of the primary residence." "f. Accessory Dwelling Units that are 750 square -feet or greater, and equal to 51 percent or more of the square -footage of a primary residence in a multi -family dwelling shall pay the full for Accessory Dwelling Units fee noted in Exhibit A. Any accessory Dwelling Unit that is 750 square -feet or greater, and less than 51 percent or more of the square -footage of a primary residence in a multi -family dwelling shall pay a fraction of the full Multi Family Residence fee noted in Exhibit A that is equal to the proportional relationship between the square -footage of the accessory dwelling unit and the square footage of the primary residence." B. The following subsection shall be added to Section 7, "Inapplicability of Fee", of said Resolution: "h. Accessory Dwelling Units that are less than 750 square -feet." Section 5: Amendment of Resolution No. 2014-039 N.C.S. A Resolution Replacing the Current Open Space Land Acquisition Fee Resolution for New Development Projects Providing for Open Space Land Acquisition Necessary to Serve Future Development within the City of Petaluma, Resolution No. 2012-123 N.C.S., Adopted August 27, 2012, to Amend Provisions Governing Housing Definitions and Credit for Prior Uses is hereby amended as follows: A. The following subsections is hereby added to Section 5, "Amount of Fee": "e. Accessory Dwelling Units that are 750 square -feet or greater, and equal to 34 percent or more of the square -footage of a primary single-family residence shall pay the full fee for Accessory Dwelling Units noted in Exhibit A. Any accessory Dwelling Unit that is 750 square -feet or greater, and less than 34 percent or more of the square -footage of a primary single-family residence shall pay a fraction of the full Single Family Residence fee noted in Exhibit A that is equal to the proportional relationship between the square -footage of the accessory dwelling unit and the square footage of the primary residence." "f. Accessory Dwelling Units that are 750 square -feet or greater, and equal to 51 percent or more of the square -footage of a primary residence in a multi -family dwelling shall pay the full fee for Accessory Dwelling Units noted in Exhibit A. Any accessory Dwelling Unit that is 750 square -feet or greater, and less than 51 percent or more of the square -footage of a primary residence in a multi -family dwelling shall pay a fraction of the full Multi Family Residence fee noted in Exhibit A that is equal to the proportional relationship between the square -footage of the accessory dwelling unit and the square footage of the primary residence." B. The following subsection shall be added to Section 7, "Inapplicability of Fee", of said Resolution: Resolution No. 2019-009 N.C.S. Page 5 "g. Accessory Dwelling Units that are less than 750 square -feet." Section 6: Amendment of Resolution No. 2016-076 N.C.S. A Resolution of the City Council of the City of Petaluma Repealing and Replacing the Current Traffic Development Impact Fee Resolution for Future Development within the City of Petaluma, Resolution NO. 2015-191 N.C.S., Adopted December 7, 2015, to Add Funding for Future Smart Station Parking and Rainier Avenue Crosstown Connector Right of Way Acquisition Costs, is hereby amended as follows: A. The following subsections are hereby added to Section 5, "Amount of Fee", of said Resolution: `T. Accessory Dwelling Units that are 750 square -feet or greater, and equal to 34 percent or more of the square -footage of a primary single-family residence shall pay the full fee for Accessory Dwelling Units noted in Exhibit A. Any accessory Dwelling Unit that is 750 square -feet or greater, and less than 34 percent or more of the square -footage of a primary single-family residence shall pay a fraction of the full Single Family Residence fee noted in Exhibit A that is equal to the proportional relationship between the square -footage of the accessory dwelling unit and the square footage of the primary residence." "g. Accessory Dwelling Units that are 750 square -feet or greater, and equal to 51 percent or more of the square -footage of a primary residence in a multi -family dwelling shall pay the full fee for Accessory Dwelling Units noted in Exhibit A. Any accessory Dwelling Unit that is 750 square -feet or greater, and less than 51 percent or more of the square -footage of a primary residence in a multi -family dwelling shall pay a fraction of the full Multi Family Residence fee noted in Exhibit A that is equal to the proportional relationship between the square -footage of the accessory dwelling unit and the square footage of the primary residence." B. The following subsection shall be added to Section 7, "Inapplicability of Fee", of said Resolution: "g. Accessory Dwelling Units that are less than 750 square -feet." Section 7: Amendment of Resolution No. 2014-186 N.C.S. A Resolution Amending the Current Wastewater Capacity Fee Resolution for New Development in the City of Petaluma, Resolution NO. 2014-041 N.C.S., Adopted March 3, 2014, to Add Provisions Governing Time for Fee Payment, Reconciliation, Allowance for Non -Residential User Relocation Credit and Other Matters, is hereby amended as follows: A. In Section 5, "Amount of Fee", subsection b(ii) is hereby amended to include the italicized text as follows: "ii. Accessory Dwelling. The capacity fee shall be $2,636 per dwelling unit. However, no capacity fee shall be charged on a project that adds an Accessory Dwelling Unit to an existing Single -Family dwelling unit." Section 8: Effective Date. This Resolution shall become effective immediately. Section 9: Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court Resolution No. 2019-009 N.C.S. Page 6 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 of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. 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 ApproAla Council of the City of Petaluma at a Regular meeting on the 61h day of January 2020, by the following vote: Assistant ity Attorney AYES: Mayor Barrett; Vice Mayor Fischer; Healy; Kearney; King; McDonnell; Miller NOES: None ABSENT: None ABSTAIN: None ATTEST: City Clerk IJMayor Resolution No. 2019-009 N.C.S. Page 7