Loading...
HomeMy WebLinkAboutResolution 2021-197 N.C.S. 12/20/2021Resolution No. 2021-197 N.C.S. 1 Resolution No. 2021-197 N.C.S. of the City of Petaluma, California RESOLUTION ACCEPTING THE FISCAL YEAR 2021 ANNUAL DEVELOPMENT IMPACT FEE REPORT PURSUANT TO ASSEMBLY BILL 1600 WHEREAS, the City of Petaluma imposes fees to mitigate the impacts of development, pursuant to Government Code §§66000 et seq. (the “Mitigation Fee Act”); and, WHEREAS, fees collected are deposited into a separate fund for each type of development impact fee; and, WHEREAS, the Mitigation Fee Act requires the City of Petaluma to make available to the public certain information regarding the fees and regarding each fund on an annual basis within 180 days of the end of the fiscal year (i.e. June 30, 2021); and WHEREAS, the Development Impact Fee Report – Fiscal Year 2020-2021 attached to the concurrent Staff Report as Attachment 2 and incorporated herein by reference (“the Report”) provides the information required by the Mitigation Fee Act, specifically all information required by Government Code Section 66006(b)(1); and, WHEREAS, the Report was made available to the public on the City’s website on December 2, 2021 in accordance of the noticing requirements of Government Code Section 66006(b)(2); and, WHEREAS, copies of the Report were mailed on December 2, 2021 to all persons having requested notice of City actions relating to fees in accordance of the noticing requirements of Government Code Section 66006(b)(2); and, WHEREAS, the City’s review and acceptance of the Report is not a project under the California Environmental Quality Act pursuant to Public Resources Code sections 21065 and 21080 and CEQA Guidelines Sections 15378 and 15061(b)(3) as reviewing and accepting the Report will not result in any direct or indirect physical change in the environment; and WHEREAS, the City Council has reviewed the Report at its regularly scheduled meeting on December 20, 2021. DocuSign Envelope ID: 098F12A1-D93C-4685-83BD-197C86EA7103 Resolution No. 2021-197 N.C.S. 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma hereby: 1. The recitals stated herein are true and correct and adopted as findings of the City Council. 2. Finds that the City’s review and acceptance of the Report is not a project under the California Environmental Quality Act pursuant to Public Resources Code sections 21065 and 21080 and CEQA Guidelines Sections 15378 and 15061(b)(3) as reviewing and accepting the Report will not result in any direct or indirect physical change in the environment 3. The City Council has received and reviewed and hereby accepts the Development Impact Fee Report – Fiscal Year 2020-2021 attached hereto as Attachment 2 and incorporated herein by reference (“the Report”). 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 Council of the City of Petaluma at a Regular meeting on the 20th day of December 2021, by the following vote: Approved as to form: __________________________ City Attorney AYES: Mayor Barrett; Vice Mayor Barnacle; Fischer; Healy; King; McDonnell; Pocekay NOES: None. ABSENT: None. ABSTAIN: None. ATTEST: ______________________________________________ City Clerk ______________________________________________ Mayor DocuSign Envelope ID: 098F12A1-D93C-4685-83BD-197C86EA7103 Attachment 2 CITY OF PETALUMA, CALIFORNIA ANNUAL DEVELOPMENT IMPACT FEE REPORT FISCAL YEAR 2020-21 1 DocuSign Envelope ID: 098F12A1-D93C-4685-83BD-197C86EA7103 City of Petaluma Annual Development Impact Fee Report Fiscal Year 2020-21 Background The Mitigation Fee Act, Government Code §§66000 et seq. (the “Act”), governs the establishment and administration of development impact fees paid by development projects which defray all or a portion of the cost of public facilities related to those projects. Fees must be separately accounted for and used for the specific purpose for which they are imposed. The City's adopted development impact fees are listed in the attached exhibits. Expenditures of collected fees are generally authorized through the annual Capital and Operating Budgets and the City's Capital Improvement Program. The annual adopted City Budget is on file with the City Clerk. Annual Development Fee Reporting The Act requires that the City prepare an annual report on all of its development impact fees after the end of each fiscal year. Government Code section 66006(b)(2) requires the annual report to be reviewed by the City Council at its next regular meeting not less than 15 days after the report is made available to the public. This Fiscal Year 2020-2021 annual report (“Report”) was made available to the public on the City of Petaluma website on December 2, 2021, posted at City Hall, and a copy of the Report also was mailed to all persons who had requested mailed notice relating to city fees on December 2, 2021. Excluded from this Report are developer fees which are not subject to the reporting requirements of the Act. For example, the City collects the following fees pursuant to the City's zoning powers rather than pursuant to the Act: in-lieu housing fees, commercial linkage fees (which are the non-residential equivalent of the in-lieu housing fees), public art in-lieu fees, and the fee related to the Central Petaluma Specific Plan area. Water capacity fees and wastewater capacity fees also are not development impact fees as defined in Sections 66006 and 66001 of the Act. Finally, the Quimby Act parkland acquisition fee for residential subdivisions is imposed pursuant to the Subdivision Map Act (Gov't. Code §66477) and is also not included in the Act’s reporting requirements. The Storm Drainage Fee was last updated in 1986, prior to the January 1, 1989 effective date of AB1600, but is nevertheless included in this Report for informational purposes. The Act also requires the City to adopt certain findings for any fund accounts which contain unexpended funds as of the fifth fiscal year following the first deposit into those funds and every five years thereafter. (Gov't. Code §66001(d), the "Five Year Findings.") In FY 20-21, no impact fee funds fell into this category and therefore this Report does not contain information required to make the Five Year Findings and the City will not be adopting a Five Year Findings resolution. The report is organized as follows: Exhibit A: A brief description of each development impact fee, its purpose, and its authorizing legislation (Gov't. Code §66006(b)(1)(A).) 2 DocuSign Envelope ID: 098F12A1-D93C-4685-83BD-197C86EA7103 Exhibit B: Summary of the July 1, 2020 beginning balance, annual fee revenue collected, interest earned, returned unused funds from projects and loan repayments, identification of public improvements on which fees were expended, percentage of the improvements funded by fees, and the ending balance as of June 30, 2021 for each fee (Gov't. Code §66006(b)(1)(C)-(E).) Excess funds from capital project funds were returned to the originating revenue funds. Exhibit C: Identifies the amount of each development impact fee. (Gov't. Code §66006(b)(1)(B).) Exhibit D: Identifies interfund loans, transfers, refunds or reallocation of funds in lieu of refunds in Fiscal Year 2020-2021 (Gov't. Code §66006(b)(1)(G)-(H)). 3 DocuSign Envelope ID: 098F12A1-D93C-4685-83BD-197C86EA7103 Exhibit A City of Petaluma Development Impact Fee Summary Fee # Impact Fee Name Fee Authority Brief Description of the Type of Fee 1 Parkland Acquisition Fee Reso. 2020-009 N.C.S, January 6, 2020; Reso. 2014- 038 N.C.S., March 3, 2014; Reso. 2012- 124 N.C.S., August 27, 2012; Reso. 2008-092 N.C.S., May 19, 2008 The Parkland Acquisition Fee is imposed on development projects that are not subject to the Quimby Act. It funds acquisition of and payment for parkland necessary to maintain the standard established in the city's General Plan, based on a ratio of parkland acreage to population, including employees of new commercial development, as new residents and employees are added by new development. 2 Parkland Development Impact Fee Reso. 2020-009 N.C.S, January 6, 2020; Reso. 2016- 160 N.C.S; October 3, 2016; Reso. 2014- 037 N.C.S., March 3, 2014; Reso. 2012- 122 N.C.S., August 27, 2012; Reso. 2008-093 N.C.S., May 19, 2008 The Parkland Development Fee funds public facilities which improve neighborhood and community parklands as needed to serve new development. 3 Open Space Acquisition Impact Fee Reso. 2020-009 N.C.S, January 6, 2020; Reso. 2014- 039 N.C.S., March 3, 2014; Reso. 2012- 123 N.C.S., August 27, 2012; Reso. 2008-091 N.C.S., May 19, 2008 The Open Space Acquisition Fee funds acquisition of and payment for open space necessary to maintain the city's standard established in its General Plan based on a ratio of open space acreage to population, including employees of new commercial development, as new residents and employees are added by new development. 4 City Facilities Development Impact Fee Reso. 2020-009 N.C.S, January 6, 2020;Reso. 2014-036 N.C.S., March 3, 2014; Reso. 2012- 121 N.C.S., August 27, 2012 The City Facilities Development Impact Fee funds design, engineering, right-of-way and reasonable costs of outside consultant studies related thereto, reimburse the City for the Facilities constructed by the City with funds from other sources including funds from other public entities, reimburse developers who have designed and constructed any of the facilities with prior City approval and have entered into an agreement and pay for and/or reimburse costs of program development and ongoing administration and maintenance for the Fee program, including, but not limited to, the cost of studies, legal costs, and other costs of updating the Fee. 4 DocuSign Envelope ID: 098F12A1-D93C-4685-83BD-197C86EA7103 5 Storm Drainage Impact Fee Ord. 1530 N.C.S., eff. Sept. 20, 1982; Ord. 1653 N.C.S., eff. June 2, 1986 (Petaluma Municipal Code Chapter 17.30); Reso. 9751 N.C.S., June 2, 1986 The Storm Drainage Impact Fee funds the construction of storm drainage improvements needed to control increases in run-off created by new development projects. The Storm Drainage Impact Fee was adopted and last updated before the enactment and effective date of AB1600, but is included in this report for informational purposes. 6 Traffic Development Impact Fee Reso. 2020-009 N.C.S, January 6, 2020; Reso.2016-76 N.C.S. May 16, 2016 Reso 2015-191 N.C.S., Dec 7, 2015; Reso 2014-112 N.C.S., July 7, 2014 Reso. 2014-040 N.C.S., March 3, 2014; Reso. 2012- 125 N.C.S., August 27, 2012; Reso. 2008-095 N.C.S., May 19, 2008 The Traffic Development Impact Fee funds construction and implementation of improvements to key elements of the citywide transportation system sufficient to accommodate future traffic demand generated by new development. 5 DocuSign Envelope ID: 098F12A1-D93C-4685-83BD-197C86EA7103 Exhibit B Development Impact Fee Report Fiscal Year 2020-21 Fund Balance Fee Interest Return Unused Expenditures/ Est % funded Ending Balance Fund Fund Title / Project Title 7/1/2020 Revenue Revenue Funds /loan repymt Transfers by Impact Fees 6/30/2021 2141 Parkland Acquisition Impact Fees -08 1,840,644.98 138,371.69 1,312.29 2,767.43 1,977,561.53 City administrative costs 2,767.43 2142 Parkland Development Impact Fees -08 3,106,196.69 466,773.22 2,366.31 - 369,335.46 3,206,000.76 c14402010 Marina Dreding & Dock Repairs 250,000.00 71.0% c14501607 Petaluma Comm Sports Fields 100,000.00 100.0% c14502012 Schollenberger Improvements 10,000.00 100.0% City administrative costs 9,335.46 100.0% 2143 Open Space Acquisition Impact Fees -08 420,188.83 34,260.11 2,670.07 685.20 456,433.81 City administrative costs 685.20 100.0% c00400304 River Plan McNear project - 2152 City Facilities Development Impact Fees 5,890,910.45 485,326.44 2,716.39 738,706.53 5,640,246.75 c11202019 Council Chambers Improvements 50,000.00 100.0% c11202017 City Hall West Wing Remodel 200,000.00 100.0% Vehicles & Equipment 479,000.00 100.0% City administrative costs 9,706.53 100.0% 2155 Storm Drainage Impact Fees 3,169,992.39 - 4,561.93 2,500.00 3,172,054.32 c16501931 Storm Trash Capture Device Pilot 2,500.00 100.0% 2156 Storm Drainage Impact Fees -08 564,502.29 48,202.60 3,643.75 964.05 615,384.59 City administrative costs 964.05 100.0% 2160 Traffic Impact Fees 3,466,464.17 - 1,656.75 66,000.00 3,402,120.92 c16102145 Citywide Striping Upgrades 16,000.00 24.0% c14502114 Lych Creek Trail 50,000.00 24.0% City administrative costs - 2161 Traffic Impact Fees -08 26,510,304.63 2,500,733.97 19,522.19 - 50,014.68 28,980,546.11 City administrative costs 50,014.68 100.0% 6 DocuSign Envelope ID: 098F12A1-D93C-4685-83BD-197C86EA7103 Exhibit C FY 20/21 Development Impact Fee Schedule FEE TYPE LAND USE TYPE FEE UNIT OF MEASUREMENT City Facilities Development Impact Fee ) Single Family Residential $6,471 Unit Multifamily Residential $4,356 Unit Accessory Dwelling $2,220 Unit Commercial $1,225 1,000 sq ft of building space Office $1,170 1,000 sq ft of building space Industrial $746 1,000 sq ft of building space Commercial Development Housing Linkage Fee Commercial $2.93 Square Foot Retail $5.07 Square Foot Industrial $3.02 Square Foot Open Space Acquisition Fee Single Family Residential $455 Unit Multifamily Residential $305 Unit Accessory Dwelling $156 Unit Commercial $87 1,000 sq ft of building space Office $83 1,000 sq ft of building space Industrial $53 1,000 sq ft of building space Park Land Acquisition Fee (Quimby and Non- Quimby Act Projects)(A) Single Family Residential $1,936 Unit Multifamily Residential $1,310 Unit Accessory Dwelling $664 Unit Commercial $367 1,000 sq ft of building space Office $350 1,000 sq ft of building space Industrial $223 1,000 sq ft of building space Park Land Development Impact Fee Single Family Residential $6,403 Unit Multifamily residential $4,311 Unit Accessory Dwelling $2,195 Unit Commercial $1,213 1,000 sq ft of building space Office $1,160 1,000 sq ft of building space Industrial $739 1,000 7 DocuSign Envelope ID: 098F12A1-D93C-4685-83BD-197C86EA7103 Exhibit C FY 20/21 Development Impact Fee Schedule FEE TYPE LAND USE TYPE FEE UNIT OF MEASUREMENT Traffic Development Impact Fee Single Family Residential $16,273 Unit Multifamily Residential $9,989 Unit Accessory Dwelling $4,511 Unit Senior Housing $4,349 Unit Office $21,494 1,000 sq ft of building space Hotel/Motel $6,410 Room Commercial/Shopping $31,443 1,000 sq ft of building space Industrial/Warehouse $12,728 1,000 sq ft of building space Education $1,602 Student Institution $6,594 1,000 sq ft of building space Gas/Service Station $52,638 Fuel Position Wastewater Capacity Fee (B) Single Family Residential $8,834 Unit Multifamily Residential $5,849 Unit Accessory Dwelling $3,251 Unit Non-Residential Customers $18.73 $4,254 $4,878 Per gallon daily flow Per daily pound of BOD Per daily pound of TSS Water Capacity Fee (per meter size) METER SIZE FEE ¾ $4,301 1” (residential) $4,301 1” (non-residential) $7,181 1 ½ $14,319 2” $22,919 3” $42,999 4” $71,679 6” $141,895 ›6 Case by Case basis (a) The Quimby Act applies only to fees and/or dedications imposed on certain subdivisions subject to the Subdivision Map Act to fund land acquisition costs for park or recreational purposes. (b) The wastewater capacity fee for non-residential users is based on the daily flow, biological oxygen demand and the total suspended solids of the wastewater being discharged. Please contact the Department of Public Works & Utilities at 707-776-3777 for a quote. 8 DocuSign Envelope ID: 098F12A1-D93C-4685-83BD-197C86EA7103 STORM DRAIN IMPACT FEE Calculation of Fee Runoff computation: The increase in runoff created by a given project is calculated for a 100-year storm, utilizing runoff coefficients based upon the portion of vegetated area to impervious surfaces, and expressed in acre-feet. Runoff coefficients are based upon the type of use, slope of the land, and percent of vegetation coverage. Commercial/Industrial: Projects pay a fee of $30,000 per acre foot of additional runoff. The amount of incremental runoff created is directly linked to the amount of landscaping provided. The maximum fee possible is $9,000 per acre of land. This would apply to a project with 20% or less landscaping. A project with 25% landscaping can expect a fee of $6,750 per acre, 30% would pay $6,300 per acre, and so on. Residential: Projects pay a fee of $15,000 per acre foot of additional runoff. Incremental runoff is dependent upon the density of a project and the amount of landscaping and open space provided. A high density project with 20% or less area in landscaping could expect to pay $4,500 per acre. A type detached single-family subdivision would pay approximately $1,500 per acre. 9 DocuSign Envelope ID: 098F12A1-D93C-4685-83BD-197C86EA7103 Exhibit D Status of Interfund Loans, Transfers, Refunds or Reallocation of Funds Fiscal Year 2020-21 Interfund Loans The Storm Drainage Impact Fee fund loaned the Storm Water Utility Operations fund $690,230 to cover storm water maintenance costs from January 1, 2012 through June 30, 2013. Payment of principal and interest for FY 20-21 was $45,326. The balance as of June 30, 2021 is $385,734. This loan is scheduled to be repaid by June 30, 2026. There were no Transfers, Refunds or Reallocation of Funds during FY 20-21. 10 DocuSign Envelope ID: 098F12A1-D93C-4685-83BD-197C86EA7103