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HomeMy WebLinkAboutResolution 2022-188 N.C.S. 12/05/2022 DocuSign Envelope ID:7992BC11-F2813-451B-AF2F-68DD2E0C9EC5 Resolution No. 2022-188 N.C.S. of the City of Petaluma, California ACCEPTING THE FISCAL YEAR 2022 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, 2022); and WHEREAS, the Development Impact Fee Report—Fiscal Year 2021-2022 attached to the concurrent Staff Report as Exhibit A 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 November 18, 2022 in accordance of the noticing requirements of Government Code Section 66006(b)(2); and, WHEREAS, copies of the Report were mailed on November 18, 2022 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 5, 2022. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as follows: 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 Resolution No. 2022-188 N.C.S. Page 1 DocuSign Envelope ID:7992BC1 1-F28B-451 B-AF2F-68DD2EOC9EC5 3. The City Council has received and reviewed and hereby accepts the Development Impact Fee Report—Fiscal Year 2021-2022 attached hereto as Exhibit A 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 Approved as to Council of the City of Petaluma at a Regular meeting on the 51h day of December Docusipnea G9 : 2022,by the following vote: C1 i A oiney AYES: Mayor Barrett,Vice Mayor Pocekay,Barnacle,Fischer,Healy,McDonnell,King NOES: None ABSENT: None ABSTAIN: None Docuftned by. DocuSigned by_:14- ATTEST: City L�ibmrfirvt:449zMayor Resolution No. 2022-188 N.C.S. Page 2 DocuSign Envelope ID:7992BC11-F28B-451B-AF2F-68DD2EOC9EC5 Exhibit A L �l �I 0 quo 5 $ CITY OF PETALUMA, CALIFORNIA ANNUAL DEVELOPMENT IMPACT FEE REPORT FISCAL YEAR 2021-22 DocuSign Envelope ID:7992BC11-F28B-451B-AF2F-68DD2EOC9EC5 City of Petaluma Annual Development Impact Fee Report Fiscal Year 2021-22 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 2021-2022 annual report("Report")was made available to the public on the City of Petaluma website on November 18,2022,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 November 18,2022. 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 AB 1600, 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 21-22,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).) DocuSign Envelope ID:7992BC11-F28B-451B-AF2F-68DD2EOC9EC5 Exhibit B: Summary of the July 1,2021 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 30,2022 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 2021-2022(Gov't. Code §66006(b)(1)(G)-(H)). DocuSign Envelope ID:7992BC11-F28B-451 B-AF2F-68DD2EOC9EC5 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 Reso. 2020-009 The Parkland Acquisition Fee is imposed on development Fee N.C.S,January 6, projects that are not subject to the Quimby Act. It funds 2020;Reso.2014- acquisition of and payment for parkland necessary to 038 N.C.S.,March 3, maintain the standard established in the city's General 2014;Reso. 2012- Plan,based on a ratio of parkland acreage to population, 124 N.C.S.,August including employees of new commercial development, as 27,2012;Reso. new residents and employees are added by new 2008-092 N.C.S., development. May 19,2008 2 Parkland Development Reso. 2020-009 The Parkland Development Fee funds public facilities Impact Fee N.C.S, January 6, which improve neighborhood and community parklands 2020;Reso.2016- as needed to serve new development. 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 3 Open Space Acquisition Reso.2020-009 The Open Space Acquisition Fee funds acquisition of and Impact Fee N.C.S,January 6, payment for open space necessary to maintain the city's 2020;Reso. 2014- standard established in its General Plan based on a ratio 039 N.C.S.,March 3, of open space acreage to population, including employees 2014;Reso.2012- of new commercial development, as new residents and 123 N.C.S.,August employees are added by new development. 27,2012;Reso. 2008-091 N.C.S., May 19,2008 4 City Facilities Reso.2020-009 The City Facilities Development Impact Fee funds Development Impact N.C.S,January 6, design,engineering,right-of-way and reasonable costs of Fee 2020;Reso.2014-036 outside consultant studies related thereto,reimburse the N.C.S.,March 3, City for the Facilities constructed by the City with funds 2014;Reso.2012- from other sources including funds from other public 121 N.C.S.,August entities,reimburse developers who have designed and 27,2012 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. DocuSign Envelope ID:7992BC11-F28B-451 B-AF2F-68DD2EOC9EC5 5 Storm Drainage Impact Ord. 1530 N.C.S., The Storm Drainage Impact Fee funds the construction of Fee eff. Sept.20, 1982; storm drainage improvements needed to control increases Ord. 1653 N.C.S., in run-off created by new development projects. The eff.June 2, 1986 Storm Drainage Impact Fee was adopted and last updated (Petaluma Municipal before the enactment and effective date of AB 1600,but is Code Chapter 17.30); included in this report for informational purposes. Reso. 9751 N.C.S., June 2, 1986 6 Traffic Development Reso.2020-009 The Traffic Development Impact Fee funds construction Impact Fee N.C.S.January 6, and implementation of improvements to key elements of 2020;Reso.2016-76 the citywide transportation system sufficient to N.C.S.May 16,2016 accommodate future traffic demand generated by new Reso 2015-191 development. 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 DocuSign Envelope ID:799213C11-F28B-451 B-AF2F-68DD2EOC9EC5 Exhibit B Development Impact Fee Report Fiscal Year 2021-22 Fund Balance Fee Interest/Gain/Loss Return Unused Expenditures/ Est%funded Ending Balance Fund Fund Title/Project Title 7/1/2021 Revenue Revenue Funds/loan repymt Transfers by Impact Fees 6/30/2022 2141 Parkland Acquisition Impact Fees-08 1377,561.53 77,06250 (20,569.05) 1,541.25 2,032,513 73 City administrative costs 1,541.25 100.0% 2142 Parkland Development Impact Fees-08 3206,000.76 338,45620 (32,385.09) 255,416.12 3 256,655 75 c14402010 Marina Dreding&Dock Repairs 137,000.00 84.00% c14501607 Petaluma Comm Sports Fields 108,147.00 100.00% c14502012 Schollenberger Improvements 3,500.00 100.00% City administrative costs 6,769.12 100.00% 2143 Open Space Acquisition Impact Fees-08 456,433.81 41,499.98 1.693.46 830.00 498,797.25 City administrative costs 830.00 100.0% 2152 City Facilities Development Impact Fees 5,640,246.75 321,360,09 (48,457.03) 186,427.20 5,726,722.61 e11202121 Petaluma Library ADA Improv 175,000.00 100.0% e 11502236 Public Safety Facilities Assessment 1,000.00 100.0% e 11202026 27 Howard St Improvements 4,000.00 100.0% City administrative costs 6,42720 100.0% 2155 Storm Drainage Impact Fees 3,172,054.32 (24,176.30) 116,980.68 3,030,897 34 c16301413 Capri Creek Recontourmg 25,049.04 100.0% c16301417 Washington Creek Repair 3,683.40 100.0% c16301620 Alert2 Stream&Precipitation Upgrade 5,248.24 22.0% e 16,302144,Edith St.Drainage Improvements 83,000.00 81.0% 2156 Storm Drainage Impact Fees-08 615,384.59 7224.96 2,196.43 144.50 624,661.48 City administrative costs 144.50 100.0% 2160 Traffic Impact Fees 3,402,120.92 (30,777.32) 255,500.00 3,115,843 60 c 16102146 Traffic Calming&Bike Boulevards 115,000.00 100.0% c 14502114 Lych Creek Trail 50,000.00 21.0% c 16102250 Traffic Signal Timing Upgrades 34,000.00 10.0% el6402238 Pedestrian Bridge Assessment 3,500.00 100.0% e16502134 Active Transportation Plan 53,000.00 57.0% 2161 Traffic Impact Fees-08 28,980,546.11 516,666.94 (297,171.19) 10,333.34 29,189,708.52 City administrative costs 10,333.34 100.0% DocuSign Envelope ID:7992BC11-F28B-451 B-AF2F-68DD2EOC9EC5 Exhibit C FY 21/22 Development Impact Fee Schedule FEE TYPE LAND USE TYPE FEE UNIT OF MEASUREMENT City Facilities Development Impact Fee) Single Family Residential $6,854 Unit Multifamily Residential $4,614 Unit Accessory Dwelling $2,351 Unit Commercial $1,297 1,000 sq ft of building space Office $1,239 1,000 sq ft of building space Industrial $790 1,000 sq ft of building space Commercial Development Housing Linkage Fee Commercial $3.10 Square Foot Retail $5.37 Square Foot Industrial $3.20 Square Foot Open Space Acquisition Fee Single Family Residential $482 Unit Multifamily Residential $323 Unit Accessory Dwelling $165 Unit Commercial $92 1,000 sq ft of building space Office $88 1,000 sq ft of building space Industrial $56 1,000 sq ft of building space Park Land Acquisition Fee(Quimby and Non- Quimby Act Projects)(A) Single Family Residential $2,050 Unit Multifamily Residential $1,387 Unit Accessory Dwelling $703 Unit Commercial $389 1,000 sq ft of building space Office $371 1,000 sq ft of building space Industrial $236 1,000 sq ft of building space Park Land Development Impact Fee Single Family Residential $6,782 Unit Multifamily residential $4,566 Unit Accessory Dwelling $2,325 Unit Commercial $1,285 1,000 sq ft of building space Office $1,229 1,000 sq ft of building space Industrial $783 1,000 DocuSign Envelope ID:7992BC11-F28B-451B-AF2F-68DD2EOC9EC5 Exhibit C FY 21/22 Development Impact Fee Schedule FEE TYPE LAND USE TYPE FEE UNIT OF MEASUREMENT Traffic Development Single Family Residential $17,235 Unit Impact Fee Multifamily Residential $10,580 Unit Accessory Dwelling $4,778 Unit Senior Housing $4,606 Unit Office $22,765 1,000 sq ft of building space Hotel/Motel $6,789 Room Commercial/Shopping Commercial/Shopping $33,302 1,000 sq ft of building space Industrial/Warehouse $13,480 1,000 sq ft of building space Education $1,697 Student Institution $6,984 1,000 sq ft of building space Gas/Service Station $55,750 Fuel Position Wastewater Capacity Fee 01) Single Family Residential $9,113 Unit Multifamily Residential $6,034 Unit Accessory Dwelling $3,354 Unit $19.32 Per gallon daily flow Non-Residential Customers $4,389 Per daily pound of BOD $5,032 Per daily pound of TSS Water Capacity METER SIZE FEE Fee (per meter size) 3/4 $4,437 1" residential $4,437 1" non-residential $7,408 1 '/z $14,772 2" $23,644 3" $44,359 4" $73,946 6" $146,383 >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. DocuSign Envelope ID:7992BC11-F28B-451 B-AF2F-68DD2EOC9EC5 (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. 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. Exhibit D DocuSign Envelope ID:7992BC11-F28B-451B-AFY-681DMEOCKC5 Status of Interfund Loans,Transfers,Refunds or Reallocation of Funds Fiscal Year 2021-22 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 21-22 was $45,657. The balance as of June 30,2022 is$340,077.This loan is scheduled to be repaid by June 30,2026. There were no Transfers, Refunds or Reallocation of Funds during FY 21-22.