Loading...
HomeMy WebLinkAboutRESOLUTION 2024-156 N.C.S. 12/16/2024 Docusign Envelope ID:4B47F299-6ABF-4D4F-BBCA-AF830B65EE76 Resolution No. 2024-156 N.C.S. of the City of Petaluma, California RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA ACCEPTING THE FISCAL YEAR 2024 ANNUAL DEVELOPMENT IMPACT FEE REPORT PURSUANT TO GOVERNEMNT CODE SECTION 66006(b) 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, 2024); and WHEREAS, the Development Impact Fee Report — Fiscal Year 2023-2024 and Development Impact Fee Program Five-Year Findings Report attached 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 66001(d); and WHEREAS, the Report was made available to the public on the City's website on November 25, 2024 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 16, 2024. 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. Moreover, the annual report is an administrative fiscal action of existing fees and falls within the CEQA determination for when the fees were originally adopted. 3. The City Council has received and reviewed and hereby accepts the Development Impact Fee Report — Fiscal Year 2023-2024 attached hereto as Exhibit A and incorporated herein by reference ("the Report"). Resolution No. 2024-156 N.C.S. Page 1 Docusign Envelope ID:4B47F299-6ABF-4D4F-BBCA-AF830B65EE76 4. Finds that the Report complies with Government Code Section 66006 , as the Report was made available to the public within 180 days of the last day of fiscal year, it contains the following information for all City"fees"as defined by Government Code Section 66000(b): (A) A brief description of the type of fee in the account or fund. (B) The amount of the fee. (C) The beginning and ending balance of the account or fund. (D) The amount of the fees collected, and the interest earned. (E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. (F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001 , and the public improvement remains incomplete. (G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. (H) The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocations pursuant to subdivision(f) of Section 66001. 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 16th day of DocuSigned i�prm: December 2024,by the following vote: T v 5EF85Afgl�y AL[Orney AYES: McDonnell,Barnacle,Cader Thompson,Healy,Nau,Pocekay,Shribbs 1 NOES: None ABSENT: None ABSTAIN: None DocuSigned by: Signed by: �)Jd) ATTEST: F------- F City Clerk Mayor Resolution No. 2024-156 N.C.S. Page 2 Docusign Envelope ID:4B47F299-6ABF-4D4F-BBCA-AF830B65EE76 Exhibit A L ZT e - �.rusa 7 CITY OF PETALUMA, CALIFORNIA ANNUAL DEVELOPMENT IMPACT FEE REPORT FISCAL YEAR 2023-24 Docusign Envelope ID:4B47F299-6ABF-4D4F-BBCA-AF830B65EE76 City of Petaluma Annual Development Impact Fee Report Fiscal Year 2023-24 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 and Five-Year 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 2023-2024 annual report("Report")was made available to the public on the City of Petaluma website on November 25,2024,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 25,2024. 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 City Council is also required to adopt by resolution 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).) In FY 23-24,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).) Exhibit B: Summary of the July 1, 2023 beginning balance,annual fee revenue collected, interest earned, returned unused funds from projects and loan repayments, identification of public improvements on Docusign Envelope ID:4B47F299-6ABF-4D4F-BBCA-AF830B65EE76 which fees were expended,percentage of the improvements funded by fees, and the ending balance as of June 30, 2024 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 2023-2024 (Gov't. Code §66006(b)(1)(G)-(H)). Docusign Envelope ID:4B47F299-6ABF-4D4F-BBCA-AF830B65EE76 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. 2022-182 The Parkland Acquisition Fee is imposed on development Fee N.C.S; Reso. 2020- projects that are not subject to the Quimby Act. It funds 009 N.C.S, January acquisition of and payment for parkland necessary to 6,2020; Reso. 2014- maintain the standard established in the city's General 038 N.C.S.,March 3, Plan,based on a ratio of parkland acreage to population, 2014; Reso. 2012- including employees of new commercial development, as 124 N.C.S.,August new residents and employees are added by new 27,2012; Reso. development. 2008-092 N.C.S., May 19,2008 2 Parkland Development Reso. 2022-182 The Parkland Development Fee funds public facilities Impact Fee N.C.S; Reso. 2020- which improve neighborhood and community parklands 009 N.C.S,January as needed to serve new development. 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 3 Open Space Acquisition Reso. 2022-182 The Open Space Acquisition Fee funds acquisition of and Impact Fee N.C.S; Reso. 2020- payment for open space necessary to maintain the city's 009 N.C.S, January standard established in its General Plan based on a ratio 6,2020; Reso. 2014- of open space acreage to population,including employees 039 N.C.S.,March 3, of new commercial development, as new residents and 2014; Reso. 2012- employees are added by new development. 123 N.C.S.,August 27,2012; Reso. 2008-091 N.C.S., May 19,2008 4 City Facilities Reso. 2022-182 The City Facilities Development Impact Fee funds Development Impact N.C.S; Reso. 2020- design, engineering,right-of-way and reasonable costs of Fee 009 N.C.S,January outside consultant studies related thereto,reimburse the 6, 2020;Reso. 2014- City for the Facilities constructed by the City with funds 036 N.C.S.,March 3, from other sources including funds from other public 2014; Reso. 2012- entities,reimburse developers who have designed and 121 N.C.S.,August constructed any of the facilities with prior City approval 27,2012 and have entered into an agreement and pay for and/or reimburse costs of program development and ongoing Docusign Envelope ID:4B47F299-6ABF-4D4F-BBCA-AF830B65EE76 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. 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. 2022-182 The Traffic Development Impact Fee funds construction Impact Fee N.C.S; Reso. 2020- and implementation of improvements to key elements of 009 N.C.S,January the citywide transportation system sufficient to 6,2020;Reso.2016- accommodate future traffic demand generated by new 76 development. 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 Docusign Envelope ID:4B47F299-6ABF-4D4F-BBCA-AF830B65EE76 Development Impact Fee Report Fiscal Year 2023-24 Fund Balance Fee Interest/Gain/Loss Return Unused Expenditures/ Est%funded Ending Balance Fund Fund Title/Project Title 7/1/2023 Revenue Rc%enuc Funds/loan repymt Transfers by Impact Fees 6/30/2024 2141 Parkland Acquisition Impact Fees-08 2,667,654.13 94,781.79 108,332.15 1,895.64 2,868,872.43 City administrative costs 1,895.64 100.0% 2142 Parkland Development Impact Fees-08 335,074.01 315,759.60 33,512.27 14,315.19 670,030.69 c14502012 Schollenberger Improvements 8,000.00 55.90/ City administrative costs 6,315.19 44.1% 2143 Open Space Acquisition Impact Fees-08 668,831.69 62,423.45 20,317.53 51,248.47 700,324.20 City administrative costs 1,248.47 2.4% Petaluma River Greenway Project 50,000.00 97.6% 2152 City Facilities Development Impact Fees 7,704,997.40 887,549.24 316,277.78 101,906.44 602,247.51 8,408,483.35 c11202017 City Hall West Wing Remodel 257,000.00 42.7% c11202328 Fire Stations 1,2,3 Remodel 57,000.00 9.5% e11502236 Public Safety Facilities Assessment 67,935.74 11.3% e11202026 27 Howard St Improvements 68,000.00 11.3% c 11202116 Community Cntr Emergency Power Bkup&Bld 9,560.79 1.6% c11502015 Electrical Vehicle Chargers 17,000.00 2.8% c 11501911 Reserve Apparatus Storage 25,000.00 4.2% c 11202433 Fire Station 1 Seismic Retrofit&Improv 70,000.00 11.6% c 11202434 Fire Station 2 Kitchen Replcmnt&Renov 6,000.00 1.0% c 11502435 307 PetaLmta Blvd South Site Prep 7,000.00 1.2% City administrative costs 17,750.98 2.9% 2155 Storm Drainage Impact Fees 2,595,435.72 107,768.38 254,033.00 2,449,171.10 c 16302255 960 Lakeville Storm Drain 157,353.00 61.90/ c16502254 Wilson Stormwater Pump Station Upgrades 96,500.00 38.01/o City administrative costs - 2156 Storm Drainage Impact Fees-08 649,313.88 5,073.72 18,881.26 7,568.47 665,700.39 c 16302255 960 Lakeville Storm Drain 7,467.00 98.7% City administrative costs 101.47 1.3% 2160 Traffic Impact Fees 1,271,701.49 - 61,196.83 26,801.00 287,601.22 1,072,098.10 c 14502114 Lych Creek Trail 50,000.00 17.4% c 16102250 Traffic Signal Timing Upgrades 47,811.00 16.61/. c 16101601 Petaluma Blvd. South Rd Diet Extension 39,017.22 13.6% c 16102251 D Street Improvements 8,039.00 2.8% c 16102147 North McDowell Blvd Complete St 128,934.00 44.8% c 16102032 Pedestrian Improvements Citywide 9,800.00 3.4% c16502356 Bicyle/Pedestrian Wayfmding&Park 4,000.00 1.4% City administrative costs - 2161 Traffic Impact Fees-08 33,395,780.41 426,388.93 1,317,427.56 - 2,017,263.78 33,122,333.12 e 16502134 Active Transportation Plan&Wayfnding 8,736.00 0.4% c 11502451 Corona Station fundmg agreement 2,000,000.00 99.1% City administrative costs 8,527.78 0.4% Docusign Envelope ID:4B47F299-6ABF-4D4F-BBCA-AF830B65EE76 FY 23/24 Development Impact Fee Schedule FEE TYPE LAND USE TYPE FEE UNIT OF MEASUREMENT City Facilities Development Impact Fee) Single Family Residential $7,551 Unit Multifamily Residential $5,084 Unit Accessory Dwelling $2,590 Unit Commercial $1,429 1,000 sq ft of building space Office $1,365 1,000 s ft of building space Industrial $870 1,000 s ft of building space Commercial Development Housing Linkage Fee Commercial $3.42 Square Foot Retail $5.91 Square Foot Industrial $3.52 Square Foot Ir Open Space Acquisition Fee Single Family Residential $531 Unit Multifamily Residential $356 Unit Accessory Dwelling $182 Unit Commercial $102 1,000 sq ft of building space Office $97 1,000 sq ft of building space Industrial $62 1,000 sq ft of building s ace Park Land Acquisition Fee(Quimby and Non- Quimby Act Projects)(') Single Family Residential $2,259 Unit Multifamily Residential $1,528 Unit Accessory Dwelling $775 Unit Commercial $429 1,000 sq ft of building space Office $409 1,000 sq ft of building space Industrial $260 1,000 sq ft of building space Park Land Development Impact Fee Single Family Residential $7,472 Unit Multifamily residential $5,031 Unit Accessory Dwelling $2,562 Unit Commercial $1,416 1,000 sq ft of building space Office $1,354 1,000 sq ft of building space Industrial $863 1,000 Docusign Envelope ID:4B47F299-6ABF-4D4F-BBCA-AF830B65EE76 FY 23/24 Development Impact Fee Schedule FEE TYPE LAND USE TYPE FEE UNIT OF MEASUREMENT Traffic Development Single Family Residential $18,989 Unit Impact Fee Multifamily Residential $11,657 Unit Accessory Dwelling * $5,264 Unit Senior Housing $5,075 Unit Office $25,083 1,000 sq ft of building space Hotel/Motel $7,480 Room Commercial/Shopping Commercial/Shopping $36,692 1,000 sq ft of building space Industrial/Warehouse $14,852 1,000 sq ft of building space Education $1,870 Student Institution $7,695 1,000 sq ft of building space Gas/Service Station $61,425 Fuel Position Wastewater Capacity Fee(B) Single Family Residential $10,365 Unit Multifamily Residential $6,863 Unit Accessory Dwelling $3,815 Unit $21.97 Per gallon daily flow Non-Residential Customers $4,992 Per daily pound of BOD $5,723 Per daily pound of TSS Water Capacity METER SIZE FEE Fee (per meter size) 3/4 $5,047 1" residential $5,047 1" non-residential $8,426 1 '/z $16,801 2" $26,892 3" $50,453 4" $84,105 6" $166,493 >6 Case by Case basis *Accessory dwelling units less than 750 square feet are exempt from development impact fees. For accessory dwelling units exceeding 34%of the square footage of a primary single-family dwelling or 51%of a primary multi-family dwelling,the ADU fees listed here shall apply. Accessory dwelling units not exceeding these thresholds,but over 750 square feet shall be prorated based on the proportion of the ADU size as it relates to the primary dwelling. (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. Docusign Envelope ID:4B47F299-6ABF-4D4F-BBCA-AF830B65EE76 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. Docusign Envelope ID:4B47F299-6ABF-4D4F-BBCA-AF830B65EE76 Status of Interfund Loans,Transfers,Refunds or Reallocation of Funds Fiscal Year 2023-24 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 23-24 was $48,473. The balance as of June 30,2024 is $247,761. This loan is scheduled to be repaid by June 30,2030. There were no Transfers,Refunds or Reallocation of Funds during FY 23-24.