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HomeMy WebLinkAboutStaff Report 1.A 8/27/2012DATE: TO FROM: August 27, 2012 Honorable Mayor and Members of the City Council through City Manager Scott Duiven, Senior PlannerA� SUBJECT: Ordinance Adding New Title 19, "Development Fees" to the Petaluma Municipal Code and Amending and Replacing Certain Sections of the Municipal Code Relating to Development Related Fees, Including: the Quimby Act Park Land Acquisition Fee, City Facilities Development'Impact Fee, Open Space Land Acquisition Fee, Park Land Acquisition Fee (Non -Quimby Act), Park Land Development Impact Fee, Water Capacity Fee, Wastewater Capacity Fee, and Commercial Development Housing Linkage Fee; Resolutions Updating Existing Development Related Fees. RECOMMENDATION It is recommended that the City Council introduce the attached Ordinance and adopt the attached resolutions updating the following development related fees: e Ordinance Updating, Development Related Fee Enabling Legislation Amending Petaluma Municipal Code Sections 20.34.090, 15.08.010, and 15.72:020, Subd. B; Repealing Sections 17.356.010 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." (Attachment 1). e Resolution Consolidating a Combined City Facilities Development Impact Fee for Future Development in the City of Petaluma Replacing and Repealing the Aquatic Center Facilities Impact Fee Adopted by Resolution No. 2008-086 N.C.S., the Community Center Facilities Impact Fee Adopted by Resolution No. 2008-087 N.C.S., the Fire Suppression Facilities Impact Fee Adopted by Resolution No. 2008-088 N.C.S., the Law Enforcement Facilities Impact Fee Adopted by Resolution No. 2008-089 N.C.S., the Library Facilities Impact Fee Adopted by Resolution No. 2008-090 N.C.S., and the Public Facilities Impact Fee Adopted by Resolution No. 2068-094 N.C.S., All as Adopted May 19, 2008. (Attachment 2) Agenda Review - City City Attorne� )Mr Finance Director City Ma ager— — • Resolution Updating the Park Land Development Impact. Fee to Provide for Park Improvements for Community and. Neighborhood Parks for Future Development within the City of Petaluma and Superseding Such Fee Adopted by Resolution No. 2008-093 N.C.S., May 19, 2008. (Attachment 3) • Resolution Updating the Open Space Land Acquisition Fee for New Development Projects to Provide for Open Space Land Acquisition Necessary to Serve Future Development within the City of Petaluma and Superseding Such Fee Adopted by Resolution No. 2008-091 N.C.S., Adopted May 19, 2008. (Attachment 4) • Resolution Updating the Park Land Acquisition Fee for Non -Quimby Act Development Projects to Provide for Park Land Acquisition Necessary to Serve Future Development within the City of Petaluma and Superseding Such Fee Adopted by Resolution No. 2008-092 N.C.S., Adopted May 19, 2008. (Attachment 5) • Resolution Updating the Traffic Development Impact Fee for Future Development within the City.of Petaluma and Superseding Such Fee Updated by Resolution No. 2008-095 N.C.S., Adopted May 19, 2008. (Attachment 6) e Resolution Updating the Water Capacity Fee for New Development in the City of Petaluma and Superseding Such Fee Updated by Resolution No. 2008-096 N.C.S., Adopted May 19, 2008. (Attachment 7) e Resolution Updating the Wastewater Capacity Fee for New Development in the City of Petaluma and Superseding Such Fee Updated by Resolution No. 2008-097 N.C.S., Adopted May 19, 2008. (Attachment 8) BACKGROUND For a discussion of the City's development and capacity fees, how they were set and why, their relationship to the General Plan 2025 and EIR, and how Petaluma's current fees compare to other fees within the region, please seethe attached September 12, 2011 staff report (Attachment 12). On December 19, 2011 the City Council directed the preparation of revised development impact fee and capacity fee studies as a basis for updating the city's development related fees to meet the City Council's goal of reducing development fees while preserving funding for planned infrastructure necessary for implementation of the General Plan 2025 and entitlement of projects relying on the General Plan EIR and related improvement plans for mitigation of cumulative impacts. DISCUSSION A. Development Related Fees Enabling Legislation The enabling ordinance provisions for the City's various development related fees have been codified in a number of different locations in the Municipal Code and in some cases like the ordinance establishing the Public Art fee, outside the Municipal Code altogether. This has complicated the process of updating the fees and led over time,to inconsistencies in the enabling language and administration of the fees. To address this, the proposed Ordinance updates and reorganizes into one new Title 19 the provisions that provide the legal basis for almost all of the City's development -related fees, including the development impact fees, the water and wastewater capacity fees and the Commercial Development Housing Linkage fee. The City's Quimby Act ordinance governing dedication of land or payment of fees in lieu of dedication for subdivision development will remain in the :Subdivision title in the Municipal Code. Staff recommends that the few remaining development related fees not being updated at the present time, such as the public art fee, be codified in Title 19 when those fees are next updated. Fee details such as applicability, defined terms, fee calculation, credits, reimbursements, annual adjustments, time for fee payment, and other such details now contained in the Municipal Code for some of the fees will be set out in each fee resolution. The Municipal Code enabling legislation has been updated to be as uniform as possible for each fee, subject to variations among provisions of law applicable to particular fees. This will help facilitate uniform fee administration, consistent application of the fees and future fee updates. The proposed Ordinance also modifies the City's Quimby Act park land acquisition fee ordinance adopted pursuant to Government Code section 66477 in Chapter 20.34. The modification changes the ratio of park land to be acquired per 1,000 population from 3.2 new acres per thousand to 3.4 new acres per thousand, based on updated data for City park land evaluated in the cost study for that fee. This will help ensure the City meets the General Plan standard of 5.0 acres of park land per thousand through General Plan build out. The enabling legislation updates are structured such that the, Ordinance is proposed for introduction at the same time that -the seven resolutions are proposed for adoption. However, the resolutions are dratted so that they will not take effect unless and until the Ordinance is adopted after second reading, and its 30 -day referendum period expires. In accordance with Government Code Section 66017, the resolutions provide that the updated fees that are increasing or are otherwise subject to section 66017 will not take effect until 60 days after the effective date of the Ordinance and the Resolutions. B. Development Related Fee Updates The City contracted with three firms, Municipal Resource Group, Fehr & Peers, and Bartle Wells Associates to prepare studies for updating most of the City's development -related fees. The Municipal Resource Group provided a study analyzing and updating the City's facilities development impact fees covering aquatic, community center, fire suppression, law enforcement, library, and public facilities, as well as the City's land dedication and in -lieu fee requirements (pursuant to the Quimby Act), park land development fee, open space acquisition fee and park land acquisition fee (non -Quimby Act). Fehr & Peers provided a study analyzing and updating the City's traffic impact fee, and Bartle Wells provided.a study analyzing and updating the City's water and wastewater capacity fees. Each of the three studies analyzes and provides support demonstrating the proportionate fair share (or "nexus") between these fees, their use, and the need for the public facilities to be funded by the fees and the -types of development projects on which the fees are imposed. The sections below outline some of the key elements of each of the 3 fee studies, provide a summary of the revised fee programasa whole, and discuss several policy considerations included in the fee legislation. For an in-depth review of each of the three major fee program categories (public facilities, traffic, and water and wastewater capacity, and such considerations as the facilities required to serve future development, facility cost estimates, and allocation of facilities costs to development projects creating the need for new City infrastructure, please consult the attached fee studies. 1. Mitigation Fee Act Nexus Report and Quimby Act In -Lieu Fee Report (Municipal Resource Croup, August 14, 2012) Prepared by Municipal Resource Group, the Mitigation Fee Act Nexus Report (Incl Qaimbv Act In -Lien Fee Report (Attachment 9) updates the City facility related fees, park land development fee, open space, and park land acquisition fees (both Quimby Act and non -Quimby Act). The Report identifies the cost of future public facilities and land acquisition required to implement and maintain the goals, policies, and standards set forth in the General Plan 2025. Taken as a whole, the proposed City Facilities, Park Land Development, Park Land Acquisition, (Quimby and non -Quimby Act) and Open Space Land Acquisition fee components recommended for the 2012 update represent a 28% reduction from the existing fees (2008 adjusted annually). While the comparison is based on the fees for a new single family residential unit, a similar reduction would apply to other residential and nonresidential project types. Table 1 on page 7 of this report summarizes each of the individual fee components in addition to the other fees under consideration. n. City Facilities Impact Fee One of the notable changes in this update is the consolidation of the existing Aquatic Center, Community Center, Fire Suppression, Law Enforcement, Library, and Public Facilities Impact Fees into a single fee program entitled the City Facilities Development Impact Fee. Combining these fees has the benefit of aggregating a greater amount of fee proceeds in a single restricted account, potentially resulting in the City's ability to fund and construct particular improvement projects sooner than otherwise could occur. Consolidation will also facilitate ongoing administration of the fee program to help ensure the fees fully cover the cost of infrastructure needed to serve new development, consistent with General Plan and Council policy, without any fee overlap. Incorporating all of the City's facility needs into a single fee, rather than spread across, six, will ensure consistent implementation and accounting for planned facility improvements basedonCity Council priorities. For each component of the City Facilities fee, staff and the consultant reviewed and adjusted future facility requirements/assumptions. In general, the estimated building requirements have been adjusted downward in comparison with the 2008 fee studies, based on reduced square footage requirements resulting from revised needs analyses conducted by staff and consultants. In addition, some facilities have been eliminated based on the determination that they amount to replacements for existing facilities needed to serve the existing population, rather than required new facilities to serve future development. Estimated building costs per square foot have El generally increased in comparison to the 2008 fee studies however, due to inflation and more detailed cost analyses taking into account such factors as soft costs and land acquisition costs. The reduction in the fee for city facilities as a result of the re-examination of the City's future facilities needs is fairly modest. The 2012 recommended consolidated fee for city facilities for a detached single family dwelling unit is $5,399, in comparison with the current fee of $6,000 (a reduction of 10.0%). This is true despite the fact that some components of the fee, e.g., those for law enforcement and public facilities were substantially reduced, while others, such as the community center facilities and library facilities fee components, have increased. Again, the overall net reduction in the recommended amount for city facility development fees results primarily from reductions in estimated space and other facilities requirements based on a reassessment of city facilities needs. b. Park Development Impact Fee The recommended park development impact fee shows a modest decrease of 5.8% reflecting updated cost estimates for developing community and neighborhood parks. The cost estimates for community park construction were based on City estimates for similar community park construction projects, such as Leghorns Park and the estimated cost of building typical park improvements at East Washington Park. In the case of East Washington Park, the park has extraordinary costs associated with offsite utility and street improvements as well as a very intensive site program beyond which most community parks would be expected to have. Removing some of these cost assumptions is largely responsible for the 5.8% reduction in estimated costs for developing community and neighborhood parks. C. Park Land Acquisition and Open Space Land Acquisition Fees The reductions in park and open space fees are substantial, with a reduction of 22.6% for park land acquisition and 90.2% for open space land acquisition. For both the park land and open space land acquisition fees the reductions are driven by a substantial reduction in the per -acre acquisition costs for vacant land. The reduction in the park land acquisition fees applies to both Quimby Act and non -Quimby Act acquisition fees, since in accordance with section 20.34. 100 of the Petaluma Municipal Code, the park land acquisition 'in -lieu fees under the Quimby Act are the same as those established for non -Quimby Act development. As a result, the reduction in park land acquisition costs affects both Quimby and non -Quimby Act fees equally. The open space fee requirements have been reexamined and adjusted to take into account the open space acreage the City has already acquired of the total amount identified as required at build out. Based on the General Plan standard of 10 acres of open space per 1,000 residents, 727 acres of open space are required. Of that amount, including the recent 10 -acre Paula Lane acquisition, the City currently has an open space inventory of 713 acres as depicted on the City's General Plan Land Use Exhibit. Therefore, based on the General Plan standard, only 14 additional acres of open space need to be acquired to satisfy the General Plan standard. The previous fee study had been based on the remaining acreage sought to be acquired within the River Plan Corridor, as depicted on the General Plan Land Use Exhibit, irrespective of the City's existing open space inventory. The General Plan and the open space land acquisition fee make 5 clear that the remaining acreage sought to be acquired for storm water management, habitat restoration, and public access purposes in the River Plan Corridor is in addition to and separate from the General Plan open space standard. 2. Traffic Mitigation Fee Program Update (Fehr & Peers, August 15, 2012) The Traffic Mitigation Fee Program Update (Attachment 10) prepared by Fehr & Peers removes certain improvements currently included in the Traffic Mitigation Impact Fee program, including what is referred to in the 2008 fee as the "Caltrans -Preferred Alternative Supplement" (the "split diamond" configuration) for Rainier. The study also removes the Copeland Street Extension and improvements completed and funded since preparation of the previous Traffic Mitigation Fee Program study. In addition, the study reevaluates the percentage attributable to new development for traffic signal upgrades, construction of new intersections, and bicycle/pedestrian improvements. For a more detailed discussion of the changes from the 2008 Mitigation Fee Program fee study, see pages 27 and 28 of the 2012 Report (Attachment 10). The 2012 traffic improvement cost estimates on a per -improvement basis are generally higher than in 2008, primarily because the current estimates take into account increased construction costs, and are more complete by including "soft" costs like design, permitting, inspection and land acquisition costs. However, due primarily to the removal of the supplement for the split - diamond configuration of the Rainier interchange and the Copeland Street Extension, the result is a traffic mitigation fee of $18,978, which is 7.5% or $1,538, per single family dwelling unit lower than the current traffic impact fee of $20,516 per dwelling unit. The traffic fee cost study determined that it is necessary to include an additional share of the estimated cost of traffic improvements needed to serve future development required to adequately fund the needed future traffic improvements identified in the General Plan EIR and the study. As a result, a "Redevelopment Supplement" has been added to the program to cover the $18.8 million in formerPetaluma Community Development Commission (PCDC) funding committed to future traffic improvements by cooperative agreements that the California Department of Finance currently disputes as recognized obligations of the former PCDC, pursuant to ABxI 26 (the law eliminating redevelopment agencies in California). This $18.8 million amount includes $7.5M allocated to the Rainier Avenue Interchange project and $11.3M allocated to the Old Redwood Highway Interchange Improvements project. The traffic fee study recommends that the City collect the "Redevelopment Supplement' pending resolution of the status of the traffic improvement commitments of the City that rely on tax increment commitments ofthe former PCDC. If the PCDC agreements are recognized, as the city believes they must be, the traffic 'development impact fee can be adjusted to reflect availability of the former PCDC funding in accordance with the terms of the proposed traffic fee resolution. If the City is successful in preserving the challenged funding, based on current cost estimates, the fee amount per, single family unit would be $16,911, or 17.5% or $3,605 per dwelling unit lower than the current traffic impact fee. If not, then the fee will remain at the proposed $18,978 per dwelling unit. M 3. Water and Wastewater -Capacity Charges (Bartle Wells Associates, August 15, 2012) The Water and Wastewater Capacity Charges Memo (Attachment 11) prepared by Bartle Wells Associates shows that the proposed water and wastewater capacity fees are substantially reduced from current levels, with reductions of 72.1 % and 18.3%, respectively. The major factors driving these tee reductions are significantly lower .water supply and capital costs due to a greatly reduced recycled water distribution system. The reduced improvements are in turn made possible by updated demand analysis completed as part of the 2010 Urban Water Management Plan that shows significantly lower future water supply demand increases in comparison with previous estimates. The latest Urban Water Management Plan data supports that the city can achieve build out water supply with only recycled water system area A. obviating the need to fund improvements for areas C, E, and G. C. Summary of Changes The following table compares the City's development -related fees prior to the 2008 fee program, the fees as adopted in May 2008, the tees as adjusted annually through 2011, and the proposed updated fee structure under consideration for 2012. The table illustrates the costs/changes for a typical single family residential unit. In total, the revised fee program results in a net 28.5% decrease from the fees as most recently adjusted in 2011. Nonresidential development would see a similar overall reduction in fees. Table 1: Comparison of Development Impact and Capacity Fees for a Typical Single -Family Dwelling Unit Fee 2007a 2008' 2011° 2012` %Change° Aquatic Center Facilities'Impact Fee $ 162 $ 326 $ 356 $ '4 7 -2.5% Community Center Facilities Impact Fee $ 687 $ 1,376 $ 1,499 5 1,549 3.3% Fire Suppression Facilities Impact Fee $ 367 $ 761 $ 829 $ `t16 -1.6% Law Enforcement Facilities Impact Fee $ 311 $ 1,149 $ 1,252 $ i,005 -19.7% Library Facilities Impact Fee $ 267 $ 586 $ 638 $ 772 21.0% Public Facilities Impact Fee $ 544 $ 1,309 $ 1,426 $ 910 -36.2% City Facility Impact Fee* (2012) $ 6,000 $ 5,399 Subtotal $ 2.338 $ 5,507 $ 6,000 $ 5,399 -100% Park Land'.DevelopmentFee $ 1,985 $ 5,498 $ 5,532 $ 5,212 -5.8% ,Open Space Acquisition Fee $ 1,926 $ 5,950 $ 3,875 $ 379 -90.2% Park Land Acquisition Fee $ 3,574 $ 3,209 $ 2,089 $ 1,616 -22.6% Traffic Impact Fee $ 5,708 $ 18,830 $ 20,516 $ 18,978 -7.5% Wastewater Capacity Fee $ 3,774 $ 7,855 $ 8,705 $ 7,116 -18.3% Water Capacity Fee $ 2,310 $ 11,299 $ 12,521 $ 3,488 -72.1% Storm Drain Impact Fee $ 563 $ 563 $ 563 $ 563 0.0% TOTAL $ 22.178 $ 58,711 $ 59,801 $ 42,751 -28.5% *The proposed 2012 fee study combines the above fees into a single City Facility Impact Fee. ,Fee program adopted along with the General Plan 2025 in May,2008. 'Fee program as of July 1, 2011 reflecting annual fee adjustments. `Proposed fees based on 2012 Fee Studies 'Percent change in fees from 2011 to 2012 based on 2012 Fee Studies. 7 Table 2 below, excerpted from the attached September 12, 2011 Staff Report, compares Petaluma's fees to other cities in the region with the addition of the proposed fee program outlined in this report. If the City Council votes;fo adopt,these fees the proposed changes would place Petaluma in the middle of region when comparing the cost of development impact fees for a typical single-family dwelling unit. Table 2: Comparison of Development Impact Fees for Single -Family Dwelling Units Jurisdiction Facilities Water Sewer Total Petaluma (2011) $ 38,575 $ 12,521 $ 8,705 $ 59,801 Novato $ 28,463 $ 23,275 $ 7,390 $ 59,128 Windsor $ 25,933 $ 6,785 $ 14,195 $ 46,913 Petaluma (2012 proposed) $ 32',147 $ 3,488 $ 7,116 $ 42,751 Santa Rosa $ 22,627 $ 5,856 $ 9,795 $ 38,278 Rohnert Park $ 21,632 $ 2,214 $ 14,421 $ 38,267 San Rafael $ 13,392 $ 14,142 $ 6,200 $ 33,734 Average $ 25,418 $ 10,717 $ 10,061 $ 46,196 'Note: In order to provide as direct a comparison as possible, housing and school impact fees have not been included in this table. D. Policy Granges 1. Time of Fee Payment Under the current development fee program, developers, are required to pay development fees at the earliest time permitted by law. This essentially means that residential subdivision projects pay development fees at, the time of fnal`inspection/issuance of certificates of occupancy, while commercial projects generally must pay development fees when building permits are issued. The accompanying legislation continues this practice. 2. Credit for Evisting Uses The City's existing fee legislation provides credits to development projects that involve demolition or change in use of an existing structure, permitting payment of a prorated fee equal to the fee applicable to the new structure or use less the fee originally paid if it was paid within the last 10 years. The attached legislation modifies this policy so that fees for expansion or change in use of existing structures will be calculated based on the fee otherwise applicable to the new use less the fee applicable to and paid for the prior use. This would result in projects with an increased square footage or change in use paying for the net increase in impacts associated with that change. 3. Certain Public and Quasi -Public Uses to which Development Related Fees Should Be Partly or Wholly Inapplicable Staff has received requests for fee waivers for projects that involve quasi public uses (such as school and institutional uses). The City's current development fee legislation includes provisions 8 that permit the City Council to waive otherwise applicable development fees for projects that may merit such a waiver, including school projects. However staff recommends that the fee resolutions for the 2012 updates clarify that the City's development -related fee program is partly or wholly inapplicable to certain future quasi -public projects. Structuring the development - related fee program in, such a way is appropriate because, for example, school development projects. even those that would be considered "proprietary" (not integral to the educational function), and that are therefore subject to the City's planning jurisdiction, are more like public improvements intended to, serve development, and less like private development generating a need for public improvements to serve that private development. Other public and quasi -public institutional development projects may merit similar treatment recognizing their development impact alleviating as opposed to development impact creating nature. As a result, staff recommends that the City's fee legislation be made partly or wholly inapplicable to such public and quasi -public types of projects to the extent they help mitigate impacts of future development rather than create such impacts. 4. Low Income Senior Housing Projects to which Development Related Fees Are Partly or Wholly Inapplicable The proposed updated City Facilities Fee and Park Development Fee would be made inapplicable to low and/or moderate income senior citizen housing projects owned and developed by a charitable, nonprofit organization recognized as such by the United States Internal Revenue Serviceand the State of California Franchise Tax Board, continuing a policy similarto an exception to the community facilities fees now contained in the Municipal Code. In the proposed, updated fee structure, the development fee components for fire suppression and law enforcement facilities, which do not presently exempt affordable senior projects, are combined with the consolidated City Facilities Fee. Making the City Facilities and Park Development fees inapplicable to qualifying affordable senior housing projects would therefore have the effect of making the fire "suppression and law enforcement component of such fees also inapplicable to qualifying affordable senior housing projects. Staff is aware of only one such project in the foreseeable future, PEP'S Kellgren Project which includes 50 units of senior housing, and would have little impact on the City's overall fee program. 5. Prevailing Wages Clarifying under the proposed 2012 updated fee program that certain of the City's development - related fees are partly or wholly inapplicable to certain classes of projects„ particularly projects that do not create or that alleviate impacts of future development on City infrastructure, benefits the City's development related fee program in several ways. First, it should reduce the number of waiver requests from applicants for such public and quasi -public projects, saving staff and decision maker resources. Second, such anapproach is fundamentally different from a waiver of otherwise applicable development fees, which may be treated as a contribution of public funds to a project, and which would make the project subject to prevailing wage requirements. Finally, recognizing classes of projects to which the City's development related fees may be partly or wholly inapplicable helps ensure consistent treatment of similarly situated projects. 9 6. Accessory Dwelling Units In 2010, the City Council adopted Resolution No. 2010-157 N.C.S. which added provisions reducing fees and capacity charges applicable to accessory dwellings in recognition of the reduced infrastructure requirements attributable to accessory dwelling units. The attached fee studies and proposed resolutions include similarly reduced fees for accessory dwelling units based on the reduced density (1 resident per unit) and correspondingly reduced impact of such units. 7. Refunds Few projects have paid development fees under the current (2011) fee program, in part because in the current economy, development- activity has been less extensive than previously. Nonetheless, some projects have paid or may in the near future pay fees under the current (2011) or proposed (2012) program. The proposed updated fee resolutions provide that developers that continue to own projects that paid 2011 fees may apply for a refund of the amount by which the total 2011 fees paid exceed the total applicable 2012 fees, subject to the availability of existing, unobligated, unspent fee revenue balances available for that purpose, and other requirements specified in the resolution. Refund applications may be submitted by eligible property owners to recover amounts by which development fees the owner has.already paid exceed fees that would apply to the. same project as a result of the 2012 development fee updates. Property owners may apply for refunds of such amounts paid for fees now included in the City Facilities Development Impact Fee, and for amounts paid for the Park Land Development Impact Fee, Open Space Land Acquisition Fee, Park Land Acquisition Fee, Water Capacity Fee, and the Wastewater Capacity Fee. Traffic Development Impact Fees already paid by property owners are not eligible for refund unless and until the City Council amends the Traffic Development Impact Fee resolution following a determination regarding the availability of former,PCDC funds that the former PCDC and the City have committed to the Old Redwood Highway and Rainier Avenue interchange projects. 10 FINANCIAL IMPACTS Consultant costs associated with preparing the three updated fee reports is $75,000. In addition the costs associated with staff and legal staff time in preparing legislation and reviewing the technical studies is estimated at $30,000. These costs are borne, by the development fee program as part of ongoing program administration and in accordance with the administrative cost component included in the development related fee studies and rates. While the proposed fee changes result in a decrease in the overall costs to new development it does not result in a decrease in the ability to fund the mitigations identified in the General Plan 2025 and General Plan EIR. ATTACHMENTS I) Ordinance Amending and Consolidating Development Related Fee Enabling Legislation in the Petaluma Municipal Code 2) City Facilities Deve[opine nt,Impact Fee Resolution 3) Park Land Development Impact Fee Resolution 4) Open Space Land Acquisition Impact Fee Resolution 5) Park Land Acquisition Impact Fee Resolution (Non -Quimby Act) 6) Traffic Development Impact Fee Resolution 7) Water Capacity Fee Resolution 8) Wastewater Capacity Fee Resolution 9) City of Petaluma Mitigation Fee Act Nexus Report & Quimby Act In -Lieu Fee Report (Municipal Resource Group. August 2012) 10) City of Petaluma Traffic Mitigation Fee Program Update (Fehr & Peers, August 15, 2012) 11) City of Petaluma Water and Wastewater Capacity Fee Memo (Bartle Wells Associates, August 15, 2012) 12) September 12, 2011 Staff Report Attachment 1 ORDINANCE NO. 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 17,350.010 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 CHAPTER49.20 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 Cite 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,-,csingle title acid 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 Ice 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; 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 2U.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 Pee Act Nexus Report & Quimby Act In -Lieu Pee 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 coniniuniry park land within the city as calculated pursuant to subdivision (a)paragrapli (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 deterrined 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 detenuiiied 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'iiiterest,iconvenicnce, health, safety and welfare require that 14 acres of park land foneach one thousand persons residing in a subdivision witliin the city subject to this chapter be dedicated for local park and recreation purposes within city jurisdiction, or that equivalentfees be paid ora combination of both. In accordance with subdivision (a)paragraph (5) of the Quimby Act, it is found and determined that the ainount 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 fotniula: 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 arca 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. 1-a 2. The park and recreation area required,per dwelling unit is established as follows: a. Singlc-Family Unit. For.divelling units to be constructed on propertv.zoned for single-family development, or for projects approved for such development, each unit is assigned 2.915 residents. Therefore, A = 2.915 1 0.0034 = 0.0099 acres required per unit. b. Multifamily Unit. For dwelling units to be constructed on property zoned for multiple -family development, or for projects approved for such development, each unit is assigned 1.963 residents. Therefore, A - 1,963 -% 0.0034 —0.0067 acres required per unit. c. Accessory dwelling unit. For accessory dwelling units to be constructed on property where such units are perinitted, or for projects approved for such development, each unit is assigned 1.0 resident. Therefore, A = .1.0 s 0.0034 - .0034 acres 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 filial neap. When the subdivision is located in an area zoned for multiple dwelling units per parcel, the number of dwelling units shall equal the masiiimin number of dwelling units allowed under that -,zone. For residential condominium projects, the number of dwelling amts shall equal the,nwnber of condominium units indicated on the filial map. For planned development projects, the number of dwelling units shall equal the number of dwelling units indicated on the approved planned development plan. Section 2. Section 15.08.010 Entitled "Permit Required - Charges" of the Petaluma Municipal Code Amended. Section 15.08.010 entitled "Permit Required - Charges" of the Petaluma municipal Code is hereby amended to read in full as follows: An applicant for water service shall connect with the water system only after obtaining a permit to do, so and shall pay connection charges as established from time to tune by city council resolution and water capacity fees adopted pursuant to Chapter 19.28 of this code. -3- 1-9 Section 3. SubdivisionmB' ofSection 15.72.020 Entitled "Types of Charges and Fees" of the Petaluma Municipal Code Amended. Subdivision B of section 15.72.020 entitled "'Types of Charges and fees" of the Petaluma municipal Code is hereby amended to read in full as follows: B. Charges for connection•to the city sewer and wastewater capacity fees adopted pursuant to Chapter 19.28 of this code. Section 4. Sections 11.80.010 through 11.80.140, 15.72.010 through 15.72.020, 17.12.010 through 17.12.050, and 17.14:010 through 17.14.090 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' 11.80.010 through 1 1.80.140 relating to traffic impact development fees. B. Sections- 15.72.010 through 15.72.020 relating to wastewater capacity. C. Sections 17.13.010 through 17.13.050, relating to park land acquisition for non -Quimby act development. 13. Sections 17.14.0 10 through 17.14.090, relating to various fees for city facilities, including aquatic center, Community Center, library, fire suppression, law enforcement and public facilities. Section 5. New Title 19, entitled "Development Fees," Added. A new title 19 entitled "Development Fees" is hereby added to the Petaluma 1\1unicipal 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, enfitled "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 -I9.08 entitled "Open Space Land Acquisition Fee;" a new Chapter 19.12 entitled "Park Land Acquisition Fee (Non -Quimby Act);" a new Chapter 19.16 M I—L entitled "Park -land, Dc%lelopmcnt Impact Fee; er• ",a,ncw Chapt19'.20 entitled "Reserved;"aneNy Chapter, 19.24 entitled "'Traffic Development Impact Fee;" new Chapter 19.28 crindcd,"'Water Capacity Fee;" a new Chapter 19.32 entitled "Wastewater Capacity Fec;" and a new Chapter 19.36 entitled "Commercial Development Housing,Linkage_.Fcc;" are hereby added to Title 19 of the Petaluma Municipal Code to, read in full as follows: TITLE 19 DEVELOPMENT RELATED FEES ,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 cite- and to provide for payment of each development's fair share of the construction and acquisition costspf such improvements needed to serve such new development. In establishing die city facilities devclopmerit 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 de6el6pment 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, lacy -5- 115 enforcement, library and public facilities including city hall, corporation yard and other facilities) required to provide public services for nein development in the city. B. Pursuant to California Government Code Section 66001, the cm, 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 unposed, 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 topes of future development projects on which the city facilities fee is imposed, and set forth time for pavment. 19.04.030 Use of Fee Revenues. The revenues raised by payment _of thrcity 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 he used for the following purposes: A. To pap 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;facilihes 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, admintstering,and maintaining the city facilities'. fee in accordance with the Mitigation Pee Act, this chapter; and other applicable law: 19.04.040 Developer Construction of Facilities. if a developer is;requtred, as a condition of approval of a permit -or other entitlement, to construct,a public,facilit , 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 developnient-project for the developer's actual costof constructing, the public facility in an;amotint notto exceed,the cost of such city facilities as estimated by the city4n adopting die 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. 19.04.050Administrative Guidelines. The city council tnav, by resolution, adopt admipistrattveguidclines to provide procedures for calculation, payment and other administrative aspects of the city facilities fee. -6- 1-(0 6- CHAPTER,19:0& OPEN SPACE LAND ACQUISITION FEE !19.08.010 Purpose. In order to implement thegoals and objectives of the Petaluma General plan, and to mitigate the impacts caps4,,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.o_rder to finance public facilities required to provide open space facilities for new development°in;the city and to providefor payment of each development's fair share of the:acquisition,costs of such,facili ties needed to serve such new development. In establishing. the open space fee described in the folloving sections, the city council has'found,the fee to be;consisrent with its general plan, and, pursuant to Government Code Section:6591'3 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 LandAcquisition 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 Cahfornia Government Code -Section 66001, the city council shall,;in a city council resolution adopted after a duly t odcccl 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„listythe open space facilities to'be financed, describe the estimated cost of the facilities, describe the. reason able relationship between the use of the open space fee.and the ieed:for,the public facilities and the types of future development projects on which the open space fee isimposed, 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 accountecl�for in a capital project'fund. Separatrand 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 folloving 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,therfee resolution and reasonable costs of outside consultant studies related thereto; 7- B. To reimburse the city for designatecl 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 cite for its costs incurred in establishing, updating, administer ng; an —maintaining the open space fee in accordance with the Niitigation,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 facilitics'that have been designated to be financed with open space Fees, a'credit againsethe open space fee<otherwise established by this chapter concerning the development project for the developer'sactual' 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 offere&.1)y 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 opewspace fee revenues only. 19.08.050 Administrative Guidelines. ' lie city,council_may, by'resolution, adopt administranve,guidelines to provide procedures for calculadon,-.pavment and other administrative aspects of the open space fee. -8- I-'S CHAPTER 19.12 PARK LAND ACQUISITION FEE (NON-QUIMBY ACT) 19.12.010 Purpose. In order to implement the goals and objectives of the Petaluma General Plus, 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 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 acquisitor costs of such improvements needed to serve such new development. In establishing the pari: land acquisition fee (non -Quimby Act ) 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. 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 in Chapter 20.34 of this code. 19.12.020 Petaluma Park Land Acquisition Fee (Non -Quimby Act) Established. A. A park land acquisition fee (non -Quimby Act) ("non -Quimby Act park land fee") is established pursuant to California Government Code Section 66000, et seq. (" i\litiganon pee Act") to pay for public park facilities required by the city of Petaluma to provide recreational services to new development in the city of Petaluma that is not subject to Quimby Act land dedication or in -lieu fee requirements . B. Pursuant to California Government Code Section 66001, the city council shall, in a cite 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 to be financed, describe the estimated cost of these 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 of future development projects on which die non -Quimby Act park land fee is imposed, and set forth time for payment. 19.12.030 Use of Fee Revenues. The revenues raised by paynhent of the non -Quimby Act park land fee shall be accounted for in a capital project fund. Separate and special accounts %6thin 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: -9- A. To pay for property, acquisition, including right-of--,vay acquisition, design, engineering, construction and acquisidon'of the 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 C. To reimburse the city for its costs incurred in establishing, updating, administering, and maintaining the non-Quimbv 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 xvith non -Quimby .pct park land fees, a credit against the fee otherwise established by this chapter concerning the development protect for the developer's actual cost of constructing the public facility in an amount not to.esceed 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. -10- 1-10 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 devel'opiment'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 Secuon.65911.2, 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 establishedpursuantto California Government Code Section 66000, et seq. C'Mitigation Pee Act") to pay for construction of public park 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 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.'fot 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, includingright-of-way acquisition, design, engineering, construction and acquisition of the public facilities designated - 11 - in the parklanddevelopment fee resolution and reasonable costs of outside consultant studies related thereto; R.. 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 \litigation 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 pert -flit 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,concerningilie 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_adopring the park land development fee shall be offered bi, the city and, if thepark land development fee is less than such amount, the developer shall he entitled to reirribursement. Reimbursement shall be from the park land development fee revenues only. 19.16.050 Administrative Guidelines. The city council mav, by resolution, adopt administrative guidelines to provide procedures for calculation, pavment and other administrative aspects of the park land development fee. -12- CHAPTER 19.24 TRAFFIC DEVELOPMENT IMPACT FEE 19.24.010 Purpose. In order to implement the goals and objectivesof 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 thata traffic development impact fee is needed in order to finance public facility improvements for new development in the city- and to provide for payment of each development's fair share of the construction and acquisitirin costs of such improvements needed to serve such new development. In establishing the traffic development impact-fee"deschlied in the following sections, the city council has found the fee to be consistent with its general plan, and, pursuant to Government Code Section 65913.3, has considered the effects- of the.fec with respect to the city's housing necds,,as established inn the housing, element of the general plan. 19.24.020 Petaluma Traffic Development Impact Fee Established. A. A traffic development impact fee ("traffic impact fee") is established pursuant. -to California Government -Code Section 00000, et seq. ("Mitigation Fee Act") to pay for public street and thoroughfare improvements required by the city to mitigate the traffic impacts of new development in the city. B. Pursuant to California Government Code Section 66001, the city- council shall, in a city council resolution adoptedafter a.duly noticed public meeting, set forth the amount of the traffic impact fee, describe the benefit and impact area on which the traffic impact fee is imposed, list the public facilities to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between the use of the traffic impact fee and the need for the public facilities and the types of future development projects on which the traffic impact fee is imposed, and set forth time for payment. 19.24.030 Use of Fee Re've'nues. The revenues raised by payment of the traffic impact 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 anv 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 -14- in the fee resolution and reasonable cosfs,of outside consultant studies related thereto: B. To reimburse the,cityfor designated public facilities constructed by the city Nvith funds (other than gifts or grants) from other sources together with accrued'intetest; and C. To reimburse the city for its costs incurred in establishing, updating, administering, and maintaining the traffic impact fee in accordance \vith the N itigation 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 thathas been designated to be financed with traffic impact fees, a credit against the fee otliciAvise 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 tlie;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. -15- r-« CHAPTER 19.28 WATER CAPACITY FEE 19.28.010 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 ip addition to the water connection and service charges required pursuant to Chapter 15.08 of this code, a water capacity fee is, needed in order tmfinance public facilities required to provide water scivice 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 sen -e such new development. In establishing the water capacity fee described in the following sections, the ciry council Lias 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. 19.28.020 Petaluma Water Capacity Fee Established. A. A water capacity fee.("water capacity fee") is established pursuant to California Government Code Section 66013 to pap for to pay for publicly - owned water facilities.in the city. Pursuant to Government Code Section 66013, the water capacity fee is not a development impact fee. In accordance with subdii inion (h) of Government Code Section 66013, the water capacity fee is not subject to the provisions of the Mitigation Fee Act except as specified in that section and subdivision. B. The city council shall, in -a city council resolution adopted after a duly noticed public meeting, set forth the amount of the water capacity fee, describe the benefit and impact area on which the water capacity fee is imposed, list the water facilities improvements to be financed, describe the estimated cost of these facilities improvements, describe the reasonable relationship between the use of the water capacity fee and the need forthe public -facilities improvements and the types of, future developmentprojects on which the water capacity fee is unposed, and set forth time for payment. 19.28.030 Use of Fee Revenues. The revenues raised by payment of the water capacity 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: 16- /^(60 A. To pay for property acquisition, including right-of-way% acquisition, design, enginecrmg;,construction and acquisition of the 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 C. To reimburse the city for its costs incurred in establishing, updating, administering,and maintaining the water capacity fee in accordance with Govemment-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,pernut or other entitlement, tc 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 die 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,citp 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. -17- 'CHAPTER 19.32 WASTEWATER CAPACITY FEE 19.32.010 Purpose. In order to implement the goals,andolijectives of the Petaluma General Plan, and to mitigate the impacts caused by future development in the city, certain public facilities Must he constructed. The city council has deteriniiied that a wastewater 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 improvemeiits needed to serve such new development. In establishing the wastewater capacity fee described in the following sections, the cite council has found the fee to be consistent with -its general plan, and, pursuant to,Gov eiYtinent 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. 19.32.020 Petaluma Wastewater CapacityFee Established. A. A wastewater capacity fee ("wastewater capacity fee") is estabhshed pursuant to California Government Code 00013 to pay for to pay for publicly -owned water facilities in the cit. Pursuant to Government Code Section 00013, the watefcapacity'fee isnot a development impact fee. In accordance with subdivision (h) of Government Code Section 00013, the wastewater capacity fee is'not subject to the provisions of the Mitigation Fee Act except as specified iwthat section and subdivision. B. The city council shall, in a city council resolution adopted after a,duly noticed public meeting, set forth the amount of the wastewater capacity fee, describe the benefit and impact area on which the wastewater capacity fee is imposed, list the wastewater facilities improvements to be financed, describe the estimated cost of these facilities improvements, describe the reasonable relationship between the use of the wastewater capacity.fee and (lie need forthe_public facilidesimproveinents and thetypes.of future; development -projects on which the wasie-,vatercapacity fee is•imposed, and set forth time for payment. 19.32.030 Use of Fee Revenues. The revenues raised by payment of the wastewater capacity fee shall he accounted for in a capital project fund Separate and special accounts within the; fund shall be used to account for revenLies, .along with any interest earnings on such account. These monies shall be used for the following purposes: 18- �Ig A. To pay for propert),�acquisition, mcluding'right-of-way acquisition, design, engiiieering;.construcbon and acquisition of the 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 ciq 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,6601 1, 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 publicfacilityin an amount not to exceed the cost of such public facilities.as estimated by the,city in adopting the fee shall' he offered by the,city and, if the:fee is less than such amount, the developer shall he entitled to reimbursement. Reimbursement shall be from wastewater capacity fee revenues only. 19.32.050 Administrative Guidelines. The city council mav, by resolution, adopt a-drr inistrativc guidelines to proyide procedures for calculation; pavment and other administrative aspects of the wastewater capacity fee. -19- l-Jq CHAPTER 19:36 COMMERCIAL DEVELOPMENT HOUSING LINKAGE FEE 19.36.010 .Purpose. A. 1\fitigation of Affordable Housing Impacts l,nnked to Nonresidential I)evclopnient.'fhc purpose of this chapter is to,(t)_implement the goals and objectives of the general plan housing elemenrof the cite of Petaluma;,(2) mitigate'the housing impacts caused by nexv, changed and expanded nonresidential development tri the city of Petaluma; (3) provide housing affcirdablc.to persons who earn between, eighty and one hundred percent of the area median income. The cite council -has, determined that affordable housing requirements are needed, has found thefollowingrequirements to be consistent with.its general plan and, pursuant to Government "Code Section 65913,3„has considered the effects of the fee with respect to the cit`'s housing needs as established in the city's housing element, as amended from time to time pursuant to state law. 19.36.020 Findings. �A. Need for Affordable Housing. The city council has found that persons of low and moderate income arc experiencing increasing,difficulty in locating and maintaining adequate, safe and sanitary affordable housing. B. 1 -lousing Needs and Impacts Created by Nonresidential'Devclopment. Pursuant to the Sonoma County WoikforceHousing Linkage Fee. Study published by Economic and Planning Systems Inc. in December 2001, the city council finds that the construction or expansion of nonresidential development is a major factor in attracting new employees to the city of Petaluma and the county of Sonoma. A substantial number of these new employees and their families seek residence in the city and county and place a greater strain OR an already impacted housing stock. Current and new cniplovecs who are unable to find affordable housing iii the jurisdictions i which they work are forced to commute lon n g distances. This situation adversely affects their quality.of life, consumes limited energy resources, increases traffic corigcstion and has- negative,itupact on air quality. Employcts have or will have problems attracting a -labor force because of the shortage of housing affordable to many workers. C. 1\Ieans of Meeting Affordable Hous}ng Demand,, Increasing the production and availability -of affordable housing is problematic., Prices and rents for affordable housing remaimbelow 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.uruts solely through private action. Federal and state housing finances 20 - f -- ac) and subsidy programs.are not sufficient by themselves to satisfy the affordable housing needs associated with employment resulting from nonresidential development. Programs and activities to expand 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 supply of low- and moderate -income housing and (2) increasing the supply of housing in proximity to employment centers. 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 ui 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 Bemeen Affordable Housing Need Created and Pee Requirement. The unit requirements and housing fees contained in this chapter ate 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 prodding affordable housing opportunities and the econonvc 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 incan the total cost of monthly housing pacnacnts 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. 21 - /�-;Q "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 RISA. "Nexus Stude" shall mean the "Sonoma County Workforce Housing linkage I -cc Study" published by Fcononuc and planning Systems, Inc., in December 2001 as may be amended from time to time. "Nonresidential development" or "development project" for purposes of this chapter shall mean any project resulting in new or expanded nonresidential gross square footage. (Ord. 3403 NCS �2, 2011: Ord. 2171 NCS �l (part), 2003.) 19.36.040 Application and calculation of fee. A. Paymnent of lees Requued. 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 necessat.N the chrector of community development or such other person as may be designated by the cite- 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 nine 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 _01?_ f—X- comparison of the most recent Index to.the Index un.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 fuly 1st. E. rime 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 cite, at the time a new business license is issued. 19.36.050 Pee credit or refund. A. Fee Credit. A developer of a np project subject to the fee requirement of this chapter may apple 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 coiininunity 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 comninencement of a new, changed, or expanded use for which a fee would be payable. 19.36.060 Use of fees. A. Use and Disbursement of Monies in the Fund. Moines collected pursuant to this chapter shall be used in accordance with and in support of activities to implement the ah's adopted housing element, consolidated plan, and implementation plan. Activities shall he hunted 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 adiiiinistering, maintaining and updating the program. Monies in the fund may be disbursed, hypothecated, collateralized, or otherwise employed for these purposes from tune 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, picdevelopment 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. -23- /—O B. Accounting of Pees. All fees shall he deposited into a segregated account and all expenditures of funds4rotn the"same shall be documented and available for public inspection during regular business hours. 19.36.070 Amendment of Fee. This fee mac be adjusted from tune to tine, based upon amendments or updates to the Nexus Study, or based on any other date and analysis which the city council determines to he applicable to the continued establtshment of this fee. Section 7. Compliance with the California Environmental Quality Act. The purpose of this ordinance is to authorize funduig mechanisms for capital projects necessary to maintain services and facilities avithin the City's existing service areas. The Cite currently provides services and facilities to the community, and the fees authorized for adoption by this oich iance will be used to maintain current service levels and equivalent facilities, for the coniniunity through buildout of the Petaluma General Phan. 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. Section 9. Effective Date(s) of Amendments to the Petaluma Municipal Code. Each section and subdivision of the Petaluma Municipal Code listed in Sections I through 3 of this ordinance shall be amended, each section of the Petaluma Nlunicipal Code listed in Section 4 of this ordinance shall be repealed, and each new title of the Petaluma Dlunicipal Code listed in Section 5 of this ordinance and each new chapter of the Petaluma bluniapal Code listedin 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. -24- I -a4 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 2711' day of August, 2013. ADOPTED this day of September, 3013 AYES: NOES: ABSENT: -25- / ^Oi�- Attachment 2 RESOLUTION CONSOLIDATING A COMBINED CITY FACILITIES DEVELOPMENT IMPACT FEE FOR FUTURE DEVELOPMENT IN THE CITY OF PETALUMA REPLACING AND REPEALING THE AQUATIC CENTER FACILITIES IMPACT FEE ADOPTED BY.RESOLUTION NO. 2008-086 N.C.S., THE COMMUNITY CENTER FACILITIES IMPACT FEE ADOPTED BY RESOLUTION NO. 2008-087 N.C.S., THE FIRE SUPPRESSION FACILITIES IMPACT FEE ADOPTED BY RESOLUTION NO. 2008-088 N.C.S., THE LAW ENFORCEMENT FACILITIES IMPACT FEE ADOPTED BY RESOLUTION NO. 2008-089 N.C.S., THE LIBRARY FACILITIES IMPACT FEE ADOPTED BY RESOLUTION NO. 2008-090 N.C.S., AND THE PUBLIC FACILITIES IMPACT FEE ADOPTED BY RESOLUTION NO. 2008-094 N.C.S, ALL AS ADOPTED MAY 19, 2008 RECITALS WHEREAS, the City of Petaluma General Plan 2025 ("General Plan") outlines future land uses within the City of Petaluma ("City") and applies to a planning area which includes the City and land outside the City in unincorporated Sonoma County which must also be considered to properly plan for the City's future; and WHEREAS, the General Plan of the City was adopted by the Petaluma City Council ("City Council') on May 19, 2008; and WHEREAS, an Environmental Impact Report (`EIR") was prepared for the General Plan (State Clearinghouse 92004082065) pursuant to the California Environmental Quality Act (`CEQA") and certified by the City Council on April 7, 2008 by Resolution No. 2008-058 N.C.S.; and WHEREAS, the General Plan area is shown on the land use maps contained in the General Plan; and WHEREAS, the City Council last adopted the City's community facilities impact fees authorized by former Petaluma Municipal Code Chapter 17.14, on May 19, 2008 as separate fees entitled the Aquatic Center Facilities Impact Fee, adopted by Resolution No. 2008-086 N.C.S.: the Community Center Facilities Impact Fee adopted by Resolution No. 2008-087 N.C.S.; the Fire Suppression Facilities Impact Fee adopted by Resolution No. 2008-088 N.C.S.; the Law Enforcement FacilitiesImpact Fee adopted by Resolution No. 2008-089 N.C.S.; the Library Facilities Impact Fee adopted by Resolution No. 2008-090 N.C.S.; and the Public Facilities Impact Fee adopted By Resolution No. 2008-094 N.C.S.; and WHEREAS, the General Plan designates defined land uses for all property within the City and, based on those uses, calculates the expected number of residents, residential units; employees, and square footage of nonresidential development that will result when all property in the City is developed as anticipated in the General Plan; and WHEREAS, the General Plan incorporates policies and programs to mitigate the impacts of such anticipated new development, including -policies that require new development to pay for its proportional fair share of the cost of acquiring and improving public facilities, including community and neighborhood park improvements, necessary to meet the demands of residents, employees, customers, and businesses; and, WHEREAS, the General Plan and its EIR analyze the impacts of development under the General Plan and proposed mitigation measures, including the creation of fee programs to require new development to pay for its proportional fair share of the cost of acquiring and improving public facilities necessary to meet the demands of new residents, employees, customers, and businesses for such facilities: and WHEREAS, Goal 1-G-6 of Chapter I of the General Plan provides that the City should "Maintain a residential growth management system to ensure public infrastructure keeps pace with growth;" and WHEREAS, Policy I -P-47 of Goal I -G-6 of Chapter I of the General Plan provides that the City should "Ensure thaball new development provides necessary public facilities to support the development," and includes program A which provides that the City should: "Collect proportionate fair share of long-term infrastructure improvement costs as entitlements are granted" and program B: "Initiate design of long term infrastructure improvements in a timely manner to ensure their completeness coincide with demand;" and WHEREAS, Goal 6 -G -I of Chapter 6, Policy 6-P-13, of the General Plan provides that a key element of Petaluma's Parks and Recreation Services is to "Recognize, maintain, and improve aquatics programs;" and WHEREAS, Goal 6-G-1 of Chapter 6, Program (C) of Policy 6-P-13 of the General Plan provides that the City should "Produce an Aquatic Plan to ensure that a full range of aquatic programs are provided in Petaluma" and that the Aquatic Plan `shall analyze the projected population and demographic changes in Petaluma and the anticipated impact of those changes on the future demand for aquatic facilities and programs",- "evaluate the current capacity of Petaluma's aquatic facilities, taking into consideration the impact of proposed development adjacent to the Petaluma Swim Center site and beyond, and project the viability of those facilities to meet the projected demand "shall identify improvements, enhancements,or replacement of existing facilities, including considerations of disabled access in selecting the location, design and capacity of new facilities;" and WHEREAS, Goal 6-G-4 of Chapter 6 of the General Plan provides that the City should "Support and value the health, education, social activities and overall well-being of our citizens, regardless of age;" and WHEREAS, Policy 6-P-22 of Goal 6-G-4 of the General Plan provides in part that "It is the City's policy to support and value the health, education, social activities and overall well-being of our youth;" and a- _JL WHEREAS, Policy 6-P-24 of Goal 6-G-4 of the General Plan provides that the City should "Recognize the unique needs of Petaluma seniors" and Program A of Policy 6-P-24 provides that the City should "Maintain the. Adult/Senior Center and continue to support senior activity programs"; and Program (S) of Policy 6-P-24 provides that the City should "Renovate the Cavanagh Recreation Center in order to expand recreational programming including activities for adult/senior;" and WHEREAS, Goal 6-G-5 of the General Plan provides that the City should "Recognize the inherent value to Petaluma's quality of life provided through music, theater, dance, visual, and literary arts , and cultural programs;' and WHEREAS, Policy 6-P-26 of Goal 6-G-5 of the General Plan provides that the City should "Encourage, develop and support arts programs throughout the community that provide for the continued success of musical, theatrical, artistic, and cultural traditions and events in Petaluma: and Program (A) of Policy 6-P-26 provides that the City should "Identify, renovate and/or expand places for music, art, and cultural activities to take place;" and WHEREAS. Goal 7-G-5 of Chapter 7 of the General Plan provides that the goal of the City's fire protection services is to "Protect lives, property, and the environment by providing the highest, quality of service in prevention, fire protection, emergency medical services, and community preparedness;" and WHEREAS, Policy 7-P-17 of Goal 7-G-5 of Chapter 7 of the General Plan provides that the City should "Achieve and maintain a minimum ratio of one fire suppression personnel per 1,000 population served or a similar level of response service to meet increased call volumes;" and WHEREAS, Policy 7-P-18 of Goal 7-G-5 of Chapter 7 of the General Plan provides that the City should "Ensure facilities, equipment and personnel are adequate to maintain quality service demands of the community, including but not limited to: fire suppression, Advanced Life Support (ALS), rescue, fire prevention, education, CUPA, and disaster preparedness and management;" and WHEREAS, Program (C) of Policy 7-P-18 of Goal 7-G-5 of Chapter 7 of the General Plan provides that the City should "Maintain and modernize emergency response facilities, including, fire stations, as needed to -accommodate population growth:" and WHEREAS, Policy 7-P-19 of Goal 7-G-5 of Chapter 7 of the General Plan provides that the City should "Maintain four minute travel time for a total of 6 -minute response time for emergencies within the City:" and WHEREAS, Program (A) of Policy 7-P-21 of Goal 7-G-5 of Chapter 7 of the General Plan states that the City should "Provide a third ALS ambulance within the Petaluma Fire Department;" and a-3 WHEREAS, Policy 7-P-5 of Goal 7-G-1 of Chapter 7 of the General Plan provides that the City should "Upgrade and expand public facilities such as the Fife and Police stations ... to effectively and efficiently meet future needs:of the community residents;" and WHEREAS, Goal 7-G-6 of Chapter 7 of the General Plan provides that the City should "Provide police services that are responsive to citizens' needs to ensure a safe and secure environment for people and property in the community;" and WHEREAS, Policy 7-P-31 of Goal 7-G-6 of Chapter 7 of the General Plan provides that the City should "Maintain a minimum standard of 1.3 police officers per 1,000 population or a similar level of coverage to meet increased service calls;" and WHEREAS, Policy 7-P-34 of Goal 7-G-6 of Chapter 7 of the General Plan provides that the City should "Plan for expanding or replacing the police station with a facility of sufficient sire to accommodate police operations, community requirements and the anticipated population growth," and that "Funding of expanded facilities should be addressed through the implementation of adequate Public Facilities fees as identified in the Implementation Plan;" and WHEREAS, Program (B) of Policy 7-4-36 of Goal 7-G-6 of Chapter 7 of the General Plan provides that the City should "Maintain, train, and equip special response teams for extraordinary or extremely hazardous emergency incidents;" and WHEREAS, Goal 7-G-1 of Chapter 7 of the General Plan provides that the City should "Ensure adequate public facilities and services exist and are maintained to meet the needs of the community for an array of high quality services and programs;" and WHEREAS. Policy 7-P-1 of Goal 7-G-1 of Chapter 7 of the General Plan provides that the City should "Coordinate with other agencies, such as the Sonoma County Library, to ensure that facilities plans are implemented in concert with City plans to best meet the facilities needs of the community;" and WHEREAS, Goal 7-G-2 of Chapter 7 of the General Plan provides that the City should "Encourage the development of infrastructure and services to allow equal access to all who live, work, and study in Petaluma to utilize new technologies to communicate with individuals and institutions from the local to global level;" and WHEREAS, Policy 7-P-7 of Goal 7-G-2 of Chapter 7 of the General Plan provides that the City should "Plan for the highest and best level of technology available given the purpose of the service, the ability to provide that service, and fiscal reality;" and WHEREAS, Policy 7-P-8 of Goal 7-G-2 of Chapter 7 of the General Plan provides that the City should "Anticipate, plan for, and react to changes in technology;" and WHEREAS, Program (A) of Policy 7-P-8 of Goal 7-G-2 of Chapter 7 of the General Plan provides that the City should "Develop a telecommunications infrastructure that is not dependent on any single medium, but incorporates a variety of media such as fiber optics and wireless"; and -1-4 WHEREAS, Goal 7-G-3 of Chapter 7 of the General Plan provides that,.the City should "Encourage the development of technology to increase participation in local governance and improve access to City information;" and WHEREAS, Policy 7-P-9 of Goal 7-G-3 of Chapter 7 of the General Plan provides that the City should "Utilize technology to enhance the transparency of the local decision making processes;" and WHEREAS, Policy 7-P-10 of Goal 7-G-3 of Chapter 7 of the General Plan provides that the City should "Use technology as a tool to encourage participation in governance at all age levels, particularly involving youth;" and WHEREAS, Policy 7-P-11 of Goal 7-G-3 of Chapter 7 of the General Plan provides that the City should "Use technology to facilitate the exchange of information between local government and the public;" and WHEREAS, a study of the impacts of anticipated future development on existing public facilities related to aquatic facilities, community center facilities, lire suppression facilities, law enforcement facilities, library facilities and other public facilities in the City, and an analysis of the need for such new facilities required by future development was prepared by the Municipal Resource Group, dated August 14, 2012 entitled "City of Petaluma Mitigation Fee Act Nexus Report & Quimby Act In -Lieu Fee Report" ("Report"), a copy of which is on file in the Office of the City Clerk, and is hereby incorporated by reference; and WHEREAS, the Report, the General Plan and the General Plan EIR describe the municipal public facilities necessary to provide adequate aquatic services in the City to serve new development, including construction of an aquatic complex with a 25 meter lap pool and 3,500 square foot recreation pool at Luchessi Park; and WHEREAS, as analyzed in the Report, the General Plan, and the General Plan EIR, community and recreation services currently provided at the Jack Cavanagh Recreation Center, Kenilworth Teen Center, Petaluma Museum, Petaluma Community Center, and Petaluma Senior Center, total approximately 63,017 square feet, and to maintain this current standard for community center services through General Plan build -out, an additional 15,705 square feel of community and recreation services provided at these community center facilities is required_ to serve new development; and WHEREAS, the Report, the General Plan and the General Plan FIR describe and analyze the need for new municipal public facilities required by future development within the City of Petaluma for firefighting and fire suppression services, including relocation of an existing station, refurbishment of existing station space. and acquisition of necessary equipment; and WHEREAS, the Report. the General Plan and the General Plan EIR describe and analyze the need for new municipal public facilities required by future development within the City of a -S Petaluma for construction.of a new police station, construction of one communication tower, and acquisition of law enforcement equipment and vehicles; and WHEREAS, as analyzed in the General Plan, the General Plan EIR and the Report, library services are currently provided at the 25,808 square foot Petaluma Regional Library, and to maintain this current standard for library services through General Plan build -out, an additional 6.452 square feet of library facilities is required; and WHEREAS, as analyzed in the General Plan, the General Plan EIR and the Report, public facilities and services are currently provided at City Hall and other City facilities and to maintain the current standard for facilities and services through General Plan build -out, the City should: relocate and construct City Hall; construct a new Corporation Yard; install VOIP communication systems; acquire administrative pool vehicles; acquire public works general maintenance vehicles; acquire parks general maintenance vehicles; and acquire technology (computers); and WHEREAS, the Report, the General Plan and,the General Plan EIR describe the impacts of contemplated future development on existing public facilities in the City of Petaluma and analyze the need for the new municipal public facilities required by future development within the City of Petaluma, described above and in Chapter III and Appendices A through O of the Report (hereafter the "Facilities"); and WHEREAS, the Report sets forth the relationship between contemplated future development, the Facilities, and the estimated cost of the Facilities; and WHEREAS, the Report estimates the cost in current dollars of the Facilities, assigns the portion of the cost attributable to new development, and calculates the fees necessary to raise the revenue necessary to pay for the portion of the cost of the Facilities attributable to new development; and WHEREAS, the City has determined that consolidating the Aquatic Center Facilities Impact Fee, Community Center Facilities Impact Fee, Fire Suppression Facilities Impact Fee, Law Enforcement Facilities Impact Fee, Library Facilities Impact Fee and Public Facilities Impact Fee into one City Facilities Development Impact Fee facilitates fulfillment of General Plan policies and serves the interest of City residents in continued access to and enjoyment of adequate community facilities as the City continues to develop by helping comprehensively address the City's future infrastructure needs, and has authorized such fee by establishing a new Title 19 in the Petaluma Municipal Code entitled "Development Fees" including adoption of new Petaluma Municipal Code Chapter 19.04 entitled "City Facilities Development Impact Fee"; and WHEREAS, The City Facilities Development Impact Fee is not a "tax" as defined in Section 1, paragraph (e) of Article XIIIC of the California Constitution ("Proposition 26") because such fee is imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable cost to the City of providing the service or product; and/or the feeds imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable cost to the City of providing the service or product; and/or the fee is imposed for the reasonable regulatory costs to, the City of issuing licenses and permits, performing investigations, inspections and audits, enforcing, agricultural marketing orders and the administrative enforcement and adjudication thereof; and/or the fee is imposed as a condition of property development; and WHEREAS, the City Facilities Development Impact Fee adopted by this Resolution is not subject to the requirements of Article XIIID of the California Constitution ("Proposition 218") concerning property related assessments and fees pursuant to Apartment Association of Los Angeles County v. Cily gfLos Angeles (2001) 24 Cal.4"' 830, in that such fee is not applicable to incidents of property ownership, but rather to actual use of and need for City services and/or facilities: and WHEREAS, in accordance with Government Code Section 50076, fees and charges that do not exceed the reasonable cost of providing the service or regulatory activity for which the fees are charged and which are not levied for general revenue purposes are not special taxes as defined in Article 3.5 of the Government Code: and WHEREAS, in accordance with Government Code Section 66016, at least fourteen (14) days prior to the public meeting at which this Resolution was adopted, notice of the time and place of the meeting was mailed to eligible interested parties who filed timely written requests with the City for mailed notice of meetings on new or increased fees or service charges; and WHEREAS, in accordance with Government Code Section 66016, the Report was available for public inspection, review, and comment for ten (10) days prior to the public meeting at which the City Council considered the adoption of the City Facilities Development Impact Fee; and WHEREAS, ten (10) days advance notice of the public meeting at which the City Council considered the Report and adoption of the City Facilities Development Impact Fee was given by publication in accordance with Government Code Section 6062a; and WHEREAS, on August 27, 2012, the City Council introduced Ordinance No. N.C.S, which adds a new Title 19, entitled "Development Fees," to the Petaluma Municipal Code and amends, repeals and/or recodifies various provisions authorizing the City's development -related fees, including the City Facilities Development Impact Fee, Open Space Land Acquisition Fee, Park Land Acquisition Fee (Non -Quimby Act), Park Land Acquisition Fee (Quimby Act), TrafficDevelopment Impact Fee, Water and Wastewater Capacity Fees and tlie: Commercial Development Housing Linkage Fee; and FINDINGS WHEREAS, the City Council finds as follows: A. Atter considering Chapter III and Appendix A through O of the Report, the testimony received at the noticed public meeting at which this resolution was adopted, the accompanying staff report, the General Plan, the General Plan EM and all correspondence received at or prior a- q to the public meeting (the "Record"), the Council approves and adopts the Report; and the City Council further finds that the future development.in the.City,of Petaluma will generate the need for the Facilities, and the Facilities are consistent with the City's General Plan. Q. The City currently provides facilities to the community and the fee set forth in this resolution will be used to maintain current service levels. As such, the City Facilities Development Impact Fee as it relates to development within the City is not a "project' within the meaning of CEQA (Pub.Res. Code §21080(b)(8)(D)). C.. In adopting the City Facilities Development Impact Fee, 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 19.04 of the Petaluma Municipal Code, collectively and separately. D. The Record establishes: I. In accordance with Section 66000, subdivision a, paragraph I of the Mitigation Fee Act, the purpose of the City Facilities Impact Fee ("Fee"), set forth in this resolution, as specified in Chapter III of the Report, is to provide funding to achieve the City's goal of maintaining existing service levels and provide public facilities to meet the broad range of needs of Petaluma residents and employees as established in the General Plan. Existing standards of service have been established for each component of the Fee, which have been used as the basis to maintain the facilities standards for future development and to mitigate the impacts caused by future development in the City. 2. In accordance with Section 66000, subdivision a, paragraph 2 of the Mitigation Fee Act, the Fee collected pursuant to this resolution shall be used to finance construction of the Facilities as described in the Report, the General Plan and the City's budget for capital improvements. The Facilities, which are specifically described in Chapter III and Appendices A through O of the Report, include the following: e Construct City Hall • Construct corporation yard facilities • Install VOIP system • Purchase Public Works, Parks, and administrative pool vehicles • Purchase technology equipment • Relocate and construct Fire Station #1 • Refurbish Fire Station 42 and Fire Station 93 Y Purchase Advanced Life�Support (ALS) ambulance • Purchase firefighter protective gear • Construct Police Station • Install communications tower e Purchase police officer equipment 0 Purchase patrol vehicles aw, • Construct aquatic facility • Expand library facility • Expandcommunity center facility 3. In accordance with section 66000, subdivision a, paragraph 3 of the Mitigation Fee Act, there is a reasonable relationship between the Fee's use (to pay for the construction of the Facilities) and the type of development for which the Fee is charged in that the fee will be applied all development in the City — including residential, commercial, office, and industrial development projects, which will generate new demands for public facilities and services. The public facility improvements constructed and the vehicles and equipment purchase with the proceeds of the Fee will address and mitigate the additional impacts and demands created by residential and non-residential development projects. 4. In accordance with Section 66000, subdivision a, paragraph 4, there is a reasonable relationship between the need for the Facilities and the types of development projects on which the Fee is imposed in that the Fee will be applied to new development in the City of Petaluma—both residential and non-residential. These development projects will generate new residents and employees who live, work, and/or shop in Petaluma and who generate or contribute to the need for the Facilities, as follows; • The City Hall will be occupied by City staff members who provide direct City services to resident and employees. Equipment has been identified that will be used by staff serving future populations. • The corporation yard will be occupied by Public Works Department staff members who maintain City streets, drainage systems, and other public facilities that serve development projects: • The Parks, Public Works and pool vehicles are necessary for the transportation and services provided by City staff to future residents and employees. • The fire station construction and refurbishing projects will provide. additional capacity for fire and emergency service personnel who provide direct City services to residents and employees. The ALS ambulance and equipment are necessary for the emergency transportation and services provided by emergency responders, and to maintain the General Plan standard of 1 firefighter/1,000 population. • The police station construction will provide a facility for law enforcement personnel who provide direct public safety services to residents and employees. The vehicles and equipment are necessary for the transportation and services provided by emergency responders, and as required to meet the General Plan standard of 1.3 officers/1,000 population. a -R -The aquatic facility will serve the needs of new residents, as well as employees in new non-residential,(commercial, office and industrial),development projects • The expansion of the library facility will provide additional capacity to serve future populations and employees. • The expansion of the community center facility will provide additional capacity to serve future populations and employees. 5. In accordance with Section 66000, subdivision b of the Mitigation Fee Act, there is a reasonable relationship between the amount of the Fee and the cost of the Facilities, or the portion thereof attributable to the development in the City on which the Fee is imposed in that the Fee has been calculated by apportioning the cost of the Facilities to each type of new residential unit, and to the "resident equivalent" of each employee generated by commercial, office and industrial development projects. For Facilities that are necessary solely because of future development, the full cost of the Facilities has been allocated to the Fee. For Facilities that will serve existing and future residents and employees, the costs have been allocated proportionally based on the number of existing versus future residents and employees. 6. The cost estimates set forth in the Report are reasonable estimates for constructing or acquiring the Facilities, and the Fees expected to be generated by future development will not exceed the projected cost of constructing and/or acquiring the Facilities; and 7. The method of allocation of the Fee to a particular development bears a fair relationship and is roughly proportional to each development's burden on and benefits from the Facilities to be funded by the Fee; in that the Fee is calculated based on the number of residents or employees each particular development will generate. 8. The Report is a detailed analysis of how public services will be affected by development in the City and the public facilities required to accommodate that development. 9: The Fee is consistent with the General Plan and, pursuant to Government Code Section 65913':2, the City Council 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. 9. The Fee amounts set forth in Exhibit A include the reasonable costs of administration and compliance of the Fee program with the requirements of the Mitigation Fee Act and other applicable law. The Fee program and administration cost is calculated to be approximately 2% of the total Fee as indicated in in Chapter VIII of the Report. C:1::1 - I ADOPTION OF FEE NOW, THEREFORE, BE IT RESOLVED, I. Definitions. a. "Accessory Dwelling' shall mean a second unit which meets the standards set forth in Section 7.030 of Chapter 7, "Standards for Specific Land Uses" of the City of Petaluma Implementing Zoning Ordinance ("IZO"), as modified by any subsequent amendment or successor zoning ordinance and/or development code provision adopted by the City which defines Accessory Dwelling, second unit or second dwelling unit." b. "Commercial' shall mean any development constructed or to be constructed on land having a General Plan 2025 land use or zoning designation, as established in the Implementing Zoning Ordinance, No. 2300 N.C.S., or any successor ordinance, for facilities for the purchase and sale of commodities and services and the sales, servicing, installation, and repair of such commodities and services and other uses incidental to these activities. Commercial land uses include but are not limited to: apparel and clothing stores; auto dealers and malls; auto accessories stores; banks and savings and loans; beauty salons; book stores: discount stores and centers; dry cleaners; drug stores; eating and drinking establishments; furniture stores and outlets; general merchandise stores; hardware stores; home furnishings and improvement centers; laundromats; liquor stores; service stations; shopping centers; supermarkets; bicycle shops; cameras and photographic supply stores; convenience stores; department stores; drug stores and pharmacies; jewelry stores; luggage and leather goods stores; sporting goods and equipment stores; stationery stores; collectible stores; second hand goods stores; religious goods stores; hobby materials stores: small wares stores; plant sales: bowling alleys; coin-operated amusement arcades; dance halls, clubs and ballrooms; electronic game arcades; ice skating and roller skating establishments; pool and billiard rooms; amusement and theme parks;.go-cart tracks; golf driving ranges; miniature golf courses; water slides;, banks and trust companies; credit.agencies; holding companies; lending and thrift institutions; securities/commodity contract brokers and dealers: fueling stations and gas stations; security and commodity exchanges: vehicle finance leasing agencies; restaurants, cafes and coffee shops; and movie theatres and civic theatres. C. "Developed" and "development" shall mean the construction or alteration of or addition to, other than by the City, of any building or structure within the City. d. "Facilities" shall include those municipal public facilities as are described in the Report related to providing general government facilities, vehicles, and equipment. "Facilities" shall also include comparable alternative facilities should later changes in projections of development in the region necessitate construction of such alternative facilities; provided that the City Council later determines (1) that there is a reasonable relationship between development within the City of Petaluma and the need for the alternative facilities; (2) that the alternative facilities are comparable to the facilities in a_, t the Reports; and (3) that the revenue from the Fee will be used only to pay new development's fair and proportionate share of the alternative facilities. e. "Industrial" shall mean any development constructed or to be constructed on land having a General Plan 2025 land use or zoning designation as established in the Implementing Zoning Code, Ordinance No. 2300 N.C.S., or any successor ordinance, for the manufacture, production, assembly, and processing of consumer goods, uses incidental to those activities, and research, development and warehousing. Industrial land uses include, but are not limited to: assembly; contractor's storage yards; fabrication; lumber yards; manufacturing; outdoor stockyards and service yards; printing; processing; warehouses and distribution centers; wholesale and heavy commercial enterprises; clothing, fabric and other product manufacturing: electronics, equipment, and appliance manufacturing; metal products fabrication, machine and welding shops: paper product manufacturing; food and beverage product manufacturing; small-scale manufacturing; lumber and wood product manufacturing; machinery manufacturing; motor vehicle and transportation equipment manufacturing; stone and cut stone product manufacturing; structured clay and pottery product manufacturing; processing of building materials, chemicals, fabricated metals, paper products, machinery, textiles, and/or equipment; and collection, sorting and processing enterprises. f "Mixed Development' shall mean development that includes more than one of the types of development defined in, this Section 1. Mixed- developments may combine residential types of development (Single Family and Multifamily), non-residential types of development (Commercial, Industrial, and Office), or a combination of residential and non-residential types of development. g. "Multifamily Residential" shall mean any residential development that does not qualify as detached single family dwelling unit development as defined in the California Building Standards Code, as adopted by the City. h. "Office" shall mean any development constructed or to be constructed on land having a General Plan 2025 land use or zoning designation, as established in the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S., or any successor ordinance, for general business offices, medical and professional offices, administrative or headquarters offices for large wholesaling or manufacturing operations, and other uses incidental to these activities. Office land uses include but are not limited_ to: administrative headquarters: business parks;'finance offices; insurance offices; legal offices; medical and health services offices; office buildings; professional and administrative offices: professional associations; real estate offices: and travel agencies. i. "Single Family Residential" shall mean detached, single-family dwelling unit development as defined in the California Builders Standards Code, as adopted by the City. 01 a 2. City Facilities Impact Fee Imposed. Pursuant to the Mitigation Fee Act and Chapter 19.04 of the City of Petaluma Municipal Code, a City Facilities Impact Fee shall be imposed and paid at the times and in the amounts and otherwise apply and be administered as prescribed in this Resolution on each type of development set forth in Exhibit A, which is attached to hereto and made a part of this Resolution, including each portion of such Development within Mixed Development. 3. Time for Imposine Fee. In accordance with Government Code Section 65961, the Fee for residential subdivision development for which tentative or parcel maps are required pursuant to the Subdivision Map Act (Government Code Section 66410 et seq.) shall be imposed at the time of approval of the conditions that apply to the tentative or parcel map for such residential subdivision development, as applicable. Payment of the Fee shall be deemed to be a condition of all such tentative or parcel maps. Notwithstanding this Section 3, the time for payment of the Fee for all development, including Single Family Residential and Multiple Family Residential subdivisions, shall be as specified in Section 4, below. 4. Time for Fee Pavment. a. In accordance with Government Code Section 66007, the Fee shall be charged and paid for each residential development upon the date of final inspection or issuance of the certificate of occupancy for such residential development, whichever is earlier; however, if the Fee is to reimburse the City for expenditures previously made, or if the City determines that the Fee will be collected for Facilities for which an account has been established and funds appropriated and for which the City has adopted a proposed construction schedule prior to issuance of the building permit for such residential development, then the Fee shall be charged and paid upon issuance of the building permit for such residential development. However, with respect to a residential development proposed by a nonprofit housing developer in which at least forty-nine percent (49%) of the total units are reserved for occupancy by lower income households, as defined in Health and Safety Code Section 50079.5, at an affordable rent, as defined in Health and Safety Code Section 50053, the payment procedures described in Government Code Section 66007(b)(2)(A)-(B) shall apply. b. The Fee shall be charged and paid for each non-residential Development upon issuance of the building permit for such non-residential Development. C. The Fee shall be charged and paid for each Mixed Development upon the times specified in this Section 4 that apply to such Mixed Development. For example, if a Mixed Development includes residential Development and non-residential Development, and the Fee is to reimburse the City for expenditures previously made, or the City has made the required determination to permit requiring payment of the Fee upon issuance of the building permit, and the procedures in Government Code section 66007(b)(2)(A)-(B) do not apply, the Fee as applicable to the entire mixed development shall be paid upon 0 -►3 issuance of the building permit for the Mixed Development. If a Mixed Development includes residential and non-residential development, and the Fee is not to reimburse the City for expenditures previously made or the City has not made the required determination to pennit requiring payment of the Fee upon issuance of the building permit, the Fee as to the residential portion of the mixed development shall be paid upon the earlier of the date of final inspection or issuance of the certificate of occupancy for such residential portion, and the Fee as to the non-residential portion of the Mixed Development shall be paid upon issuance of the building permit for such non-residential portion. 5. Amount of Fee. a. The amount of the Fee for residential and non-residential development shall be as set forth in Exhibit A. b. The amount of the Fee for Mixed Development shall be the sum of the following, as applicable: 1. The applicable amount per unit pursuant to Section 5(a), above, for each residential development within a Mixed Development. 2. The applicable amount per 1,000 square feet of Development pursuant to Section 5(a), above, for each nonresidential Development or portion of such Development within a Mixed Development. C. Any non-residential development on property on which a building or structure was demolished or on which the use of an existing structure changes to a more intensive use shall pay a prorated fee equal to the fee calculated pursuant to this resolution that is applicable to the new development or use, less the fee applicable to the prior development or use, so long as such prior use was in existence at the time of adoption of General Plan 2025. 6. Dcsianation of Developments. Nonresidential developments, other than Mixed Developments (but including non-residential developments within Mixed Developments) that are not within the definition of a use defined in this resolution shall be assigned to one of the defined use categories by the City Manager for purposes of imposition and charging of the Fee. The City Manager shall assign such categories as consistently as possible with the definitions of such categories established pursuant to this resolution or as later amended by the City Council, The City Manager may also designate Development as Multifamily or Single -Family based on the actual number of dwelling units per structure within the development. a-► 4 7. Inanolicability of Fee. The Fee shall not apply to: a. Any alteration or addition to a residential structure, except to the extent that a residential unit is added to a single family residential unit or another unit is added to an existing multi -family residential unit; b. Any replacement or reconstruction of an existing residential structure that has been destroyed or demolished, if the building permit for reconstruction is obtained withiri one year atter the building was destroyed or demolished. This subsection shall .not apply if the replacement or reconstruction increases the square footage of the structure by 50 percent (50%) or more. C. Any replacement or reconstruction of an existing non-residential structure that has been destroyed or demolished, if the building permit for reconstruction is obtained within one year after the building was destroyed or demolished, there is no change in the land use designation of the property, and the square footage of the replacement building does not exceed the square footage of the building that was destroyed or demolished. d. Any addition to an existing non-residential structure of 500 square feet or less. e. Any public or quasi -public development on lands designated Public/Semi- Public or Education on the General Plan Land Use Map, so long as such development is intended to serve development in the City and does not itself generate a need for additional public infrastructure needed to serve new development, as in the way new residential development generates new residents requiring City services, and new non-residential development generates new employees in the City using City services. . f Low and/or moderate income senior citizens housing projects owned and developed by a charitable, nonprofit organization recognized as such by the United States Internal Revenue Service and the State of California Franchise Tax Board. g. The City Council, in its discretion, may determine that the Fee is inapplicable to certain development constructed or to be constructed by a public entity on land having an appropriate General Plan land use designation provide that the City Council finds that such inapplicability is in the interest of the public health, safety and/or welfare, for reasons specified in the findings. Such reasons may include, but are not limited to, that the Fee as it would apply to such development by a public entity will be sufficiently recovered in whole or in part from residential development, the residents of which may constitute the primary users of the public entity development. a-15 8. Use of Fee Revenue. The revenues raised by payment of the Fee shall be placed in a separate, interest bearing account to permit accounting for such revenues and the interest that they generate. Such revenues and interest shall be used only for the Facilities and the purposes for which the Fee was collected, which are the following: a. To pay for design, engineering, right-of-way or land acquisition and construction and/or acquisition of the Facilities and reasonable costs of outside consultant studies related thereto; b. To reimburse the City for the Facilities constructed by the City with funds from other sources including, funds from other public entities, unless the City funds were obtained from grants or gifts intended by the grantor to be used for the Facilities. C. To reimburse developers who have designed and constructed any of the Facilities with prior City approval and have entered into an agreement, as provided in Section 9, below: and d. To pay for and/or reimburse costs of program development and ongoing administration and maintenance of the Fee program, including, but not limited to, the cost of studies, legal costs, and other costs of updating the Fee. 9. Credits and Reimbursement for Developer Constructed Facilities. The City and a developer may enter into an improvement agreement to allow the developer to construct certain of the Facilities. Entering such an agreement is in the City's sole discretion. Such agreement shall provide for security for the developer's commitment to construct the Facilities and shall refer to this resolution for credit and reimbursement. If the City enters into such an agreement with a developer prior to construction of one or more of the Facilities, the City shall provide the developer a credit in accordance with the following: a. Credit Amount. The credit shall be in the amount of the lowest bid received for construction of the facility, as approved by the City Engineer. However, in no event.shall a credit pursuant to this provision exceed the current facility cost. For the purposes of this section, such current facility cost shall be the amount listed in the Report for the particular facility, as subsequently adjusted pursuant to Sections 13 and 14 of this Resolution prior to issuance of the building permit', for that facility. Once, issued, credit pursuant to this section shall not be adjusted for inflation or any other factor. Credit provided pursuant to this section is not transferable. b. Application of Credit. Developers may apply credit given pursuant to this section against the Fee applicable to a particular project until the credit is exhausted or an excess credit results. The total credit O? —1(0 shall be divided by the number of units or square footage of building space (or combination thereof for a Mixed Use Development) to determine the amount of credit which can be applied against the Fee for each unit of measurement and, if the credit per unit of measure is less than the Fee per unit of measurement, the developer shall pay the difference for each residential unit or square footage of building space. C. Reimbursement for Excess Credit. Reimbursement for excess credit shall only be from remaining unspent Fee revenues. Once all the Facilities have been constructed or acquired, and to the extent Fee revenues are sufficient to cover all claims for reimbursement of Fee revenues, including reimbursement for excess credit, developers with excess credit shall be entitled to reimbursement, subject to such developers certifying in writing to the City that the cost of constructing the facility that resulted in an excess credit was not passed on to homeowners, and indemnifying the City from land -owner claims for reimbursement under the Mitigation Fee Act, and Section 66001 in particular. If remaining Fee revenues atter all of the Facilities have been constructed or acquired are insufficient to cover all claims for reimbursement of Fee .revenues, such claims, including claims for reimbursement of excess credit, shall be reimbursed on a pro rata basis in accordance with applicable law. 10. Standards. The standards upon which the need for the Facilities is based are the standards of the City. including the standards contained in the General Plan and its FIR and those City standards reflected in the Report. It. Periodic Review. a. During each fiscal year, the City Manager shall prepare a report for the City Council, pursuant to Government Code Section 66006, identifying the balance of Fee revenues in the Fee account. b. Pursuant to Government Code Section 66002, the City Council shall also review, as part of any adopted City Capital Improvement Plan each year, the approximate location, size, time of availability and estimates of cost for all Facilities to be financed with the Fee. The estimated costs shall be adjusted in accordance with appropriate indices of inflation. The City Council shall make findings identifying the purpose to which the existing Fee revenue balances are to be put and demonstrating a reasonable relationship between the Fee and the purpose for which it is charged. 12. Subseauent Analvsis and Revision of the Fee. The Fee set forth herein is adopted and implemented by the City Council in reliance on the Record identified above. The City may continue to conduct further study and analysis to determine whether the Fee should be revised. When additional information is available, the City a—o7 Council may review the Fee to determine that the Fee amounts remain reasonably related to the impacts of development within the City of Petaluma and areas included in the City's General Plan. The City Council may revise the Fee to incorporate findings and conclusions of further studies and any standards in General Plan and/or the General Plan FIR, as well as increases due to inflation and increased construction costs. 13. Fee Adiustments. a. Annual CPI Adjustments. The Fee established will escalate or decrease annually by the same percentage the latest "Engineering News Record Construction Cost Index - 20 City Average" ("Index") annually escalates or decreases. The adjustment shall be based on a comparison of the most recent Index to the Index in the month of 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 will take effect on the second July 1 st following the adoption of this resolution and each subsequent July 1 st. b. Refund Applications Based on 2008 Development Fees Paid. Current owners of development that paid development fees pursuant to Resolutions No. 2008-086, 2008- 087. 2008-088, 2008-089, 2008-090 and/or 2008-094 N.C.S. may apply for a refund of the difference, if any, between the total development fees that owner paid pursuant to the resolutions listed in this provision ("prior fees'), and the total development fees applicable to that development under ,the resolution(s) that superseded the resolutions listed in this provision ("current fees"), if the total amount of prior fees paid exceeds the total amount of current fees applicable to that development, subject to the following: 1. To be eligible for a refund, current development owners must certify in writing to the City that the owner has not recovered or is not recovering from third parties such as tenants or others the amount of the prior fees paid or the amount by which the prior fees exceeds the current fees. 2. Any refunds pursuant to this provision shall only be paid from existing, un -obligated, unspent Fee revenue balances. The City will have no obligation to pay refunds to any owner absent sufficient existing, un -obligated, unspent Fee revenue balance available for that purpose. 3. If existing, un -obligated, unspent Fee revenue balances are insufficient to cover eligible applications for refund, such eligible applications shall be paid refunds on a pro rata basis in accordance with applicable law. 14. Administrative Guidelines. The Council may, by resolution, adopt administrative guidelines to provide procedures for calculation, credit, reimbursement, payment and other administrative aspects of the Fee. Such guidelines may include procedures for construction of designated Facilities by developers. 15. Effective Date. This resolution and the Fee imposed pursuant to Section 2 shall become effective on the effective date of Ordinance No. N.C.S. 17. Severabilitv. Each component of the Fee and all portions of this resolution are severable. Should any individual component of the Fee or other provision of this resolution be adjudged to be invalid and unenforceable, the remaining component or provisions shall be and continue to be fully effective, and the Fee shall be fully effective except as to that component that has been judged to be invalid. 18. Sunersession/Repeal/Savings Clause. All resolutions and parts thereof in conflict with the provisions of this Resolution are superseded and repealed, effective on the effective date ofthe Fee imposed pursuant to Section 2. However, violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective date of this Resolution, under anv chapter, ordinance, or part of an ordinance, or resolution or part of a resolution, shall be deemed to remain in full force for the purpose of sustaining any proper suit, action, or other proceedings, with respect to any such violation, right, liability or appeal. EXHIBIT A CITY FACILITIES IMPACT FEE Land Use:Type� I Fee Amount Unit „of -Measurement f Single Family Residential $5,399 Unit Multifamily Residential $3,635 Unit Accessory Dwelling $1,852 Unit Commercial $1,022 1,000 square feet of building space Office $978 1,000 square feet of building space Industrial $622 1,000 square feet of building space a ao Attachment 3 RESOLUTION UPDATING THE PARK LAND DEVELOPMENT IMPACT FEE TO PROVIDE FOR PARK IMPROVEMENTS FOR COMMUNITY AND NEIGHBORHOOD PARKS FOR FUTURE DEVELOPMENT WITHIN THE CITY OF PETALUMA AND SUPERSEDING SUCH FEE ADOPTED BY RESOLUTION NO. 2008-093 N.C.S., MAY 19, 2008. RECITALS WHEREAS, the City of Petaluma General Plan 2025 ("General Plan") outlines future land uses within the City of Petaluma ("City") and applies to a planning area which includes the City and land outside the City in unincorporated Sonoma County which must also be considered to properly plan for the City's future; and WHEREAS, the General Plan of the City was adopted by the Petaluma City Council ("City Council") on May 19. 2008; and WHEREAS, an Environmental Impact, Report ("EIR-) was prepared for the General Plan (State Clearinghouse 92004082065) pursuant to the California Environmental Quality Act ("CEQA") and certified by the City Council on April 7, 2608 by Resolution No. 2008-058 N.C.S.; and WHEREAS, the General Plan area is shown on the land use maps contained in the General Plan; and WHEREAS, the City Council last updated the City's Park Land Development Impact Fee for New Development by Resolution No. 2008-093 N.C.S., adopted May 19, 2008; and WHEREAS, the General Plan designates a defined land use for all property within the City and, based on those uses, calculates the expected number of residents, residential units, employees, and square footage of nonresidential development that will result if all property in the City is developed as planned by the year 2025. The General Plan incorporates policies and programs to mitigate the impacts of such new development, including policies that require new development to pay for its proportional fair share of the costs of acquiring and improving public facilities, including community and neighborhood park improvements, necessary to meet the demands of residents, employees, customers, and businesses; and, WHEREAS. the General Plan and its FIR_ analyze the impacts of development under the General Plan and proposed mitigation measures, including the creation of fee programs to require new development to pay for its proportional fair share of the cost of acquiring and improving public facilities necessary to meet the demands of new residents, employees, customers. and businesses for such facilities; and WHEREAS, Goal 1-G-6 of Chapter 1 of the General Plan provides that the City should "Maintain a residential growth management system to ensure public infrastructure keeps pace with growth and WHEREAS, Policy 1-P-47 of Goal 1-G-6 of Chapter 1 of the General Plan provides that the City should "Ensure that all new development provides necessary public facilities to support the development," and includes program A which provides that the City should: "Collect proportionate fair share of long-term infrastructure improvement costs as entitlements are granted" and program B: "Initiate design of long term infrastructure improvements in a timely manner to ensure their completeness coincide with demand;" and WHEREAS, Goal 6-G-1 of Chapter 6 of the General Plan provides that the City should "Retain and expand city-wide park and recreation assets and programs to maintain the quality of life they provide to the community% and WHEREAS, Policy 6-P-1 of Goal 6-G-1 of Chapter 6 of the General Plan provides that the City should -"Develop additional park land and recreational facilities in the City, particularly in areas lacking these facilities and where new growth is proposed, to meet the standards of required park acreage'; and WHEREAS, Policy 6-P-3 of Goal 6-G-1 of Chapter 6 of the General Plan provides that the City should "Connect city park with other public facilities, open spaces, employment centers, and residential neighborhoods by locating new recreation facilities in proximity to these uses and by fully integrating the parks system with the city's pedestrian, bicycle, and transit systems"; and WHEREAS, Policy 6-P-5 of Goal 6-G-1 of Chapter 6 of the General Plan provides that "New park land or recreation facilities, beyond those identified in the General Plan, may be required as part of any development review and entitlement process'; and WHEREAS, Policy 6-P-6 of Goal 6=G-1 of Chapter 6 of the General Plan provides that the City should "Achieve and maintain a park standard of 5 acres per 1,000 residents (community park land at 3 acres per 1,000 population and neighborhood park land at 2 acres per 1,000 population) and an open space/urban separator standard of 10 acres per 1,000 population, in order to enhance the physical environment of the city and to meet the recreation needs of the community'; and WHEREAS' Program (A) of Policy 6-P-7 of Goal 6-G-1 of Chapter 6 of the General Plan provides that the City should "Review and, if necessary, revise the City's Municipal Code regarding the payment of community park impact tees to maximize all opportunities for funding community and neighborhood park land, park improvements, and park operation and maintenance through the development entitlement process;" and WHEREAS, Goal 6-G-2 of Chapter 6 of the General Plan requires that the City should "Ensure park and recreational assets are maintained to allow safe access and use"; and WHEREAS, Policy 6-P-17 of Goal 6-G-2 of Chapter 6 of the General Plan provides that "Recognizing that the maintenance of City assets is a matter of civic pride, priority and safety. 3-a. the City shall work with citizens, businesses, schools,"organizations, and public agencies to find an acceptable level of maintenance for all city -owned park:: -and recreational facilities"; and WHEREAS', Chapter 20.34 of the Petaluma Municipal. Code, adopted pursuant to California Government Code Section 66477 (the "Quimby Act"), requires the dedication of park land as a part of residential development subject to the Quimby Act, or the payment of a fee in lieu of dedicating property. The Quimby Act applies only to feesand/or dedications imposed on certain subdivisions subject to the Subdivision Map Act (California Government Code Section 64410 et seq.) to fund land acquisition costs for park or recreational purposes. The Quimby Act does not apply to imposition of fees for park land improvements imposed on residential and non- residential development; and WHEREAS, the City retained Municipal Resource Group, LLC to determine, based in part on the land use designations provided by the General Plan, the additional park improvements for community and neighborhood park lands that would be necessary to maintain the level of those services provided to the community and to fund new development's share of the costs of maintaining the developed park acreage and improvements available to Petaluma; and WHEREAS, Municipal Resource Group, LLC prepared the "City of Petaluma Mitigation Fee Act Nexus Report & Quimby Act In -Lieu Fee Report' ("Report"), dated August 14, 2012 ("Report"), a copy of which is on file in the Office of the City Clerk and hereby made a part of this Resolution by reference. The Report, in Chapter IV and Appendix Q. outlines the cost of park improvements for community and neighborhood park lands necessary to maintain the current levels of developed park lands provided to the community and thereby meet the demands of new residents for those services through build out under the General Plan. The Report estimates the cost in current, dollars of the improvements, and calculates the fees necessary -to raise the revenue necessary to pay for the improvement costs attributable to new development; and WHEREAS, the Report, the General Plan and the General Plan EIR describe the impacts of contemplated future development on existing public facilities in the City of Petaluma related to park improvements for community and neighborhood parks and analyze the need for such new park improvements for community and neighborhood parks required by future development within the City of Petaluma, described above and in Chapter IV and Appendix Q of the Report (hereafter the "Facilities"); and WHEREAS, the Report estimates the, cost in current dollars of the Facilities, assigns the portion of those costs attributable to new development, and calculates the fees necessary to raise the revenue necessary to pay for the portion of the costs of the Facilities attributable to new development; and WHEREAS, The Park Land Development Impact Fee is not a "tax" as defined in Section 1, paragraph (e) of Article XIIIC of the California Constitution ("Proposition 26") because such fee is imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable cost to the City of .3-3 providing the service or product; and/or the fee is imposed for a specific government service or product provided directly to -the payor that is not provided to those not charged, and which does not exceed the reasonable cost to the City of providing the service or product; and/or the fee is imposed for the reasonable regulatory costs to the City of issuing licenses and permits, performing investigations, inspections and audits, enforcing agricultural marketing orders and the administrative enforcement and adjudication thereof. and/or the fee is imposed as a condition of property development; and WHEREAS, the Park Land Development Impact Fee adopted by this Resolution is not subject to the requirements of Article XIIID of the California Constitution ("Proposition 218") concerning property related assessments and fees pursuant to Apartment Associalion of Los Angeles County r. City of Los Angeles (2001) 24 Cal.4°' 830, in that such fee is not applicable to incidents of property ownership, but rather to actual use of and need for City services and/or facilities; and WHEREAS, in accordance with Government'Code Section 50076, fees and charges that do not exceed the reasonable cost of providing the service or regulatory activity for which the fees are charged and which are not levied for general revenue proposes are not special taxes as defined in Article 3.5 of the Government Code; and WHEREAS, in accordance with Government, Code Section 66016, at least fourteen (14) days prior to the public meeting at which this Resolution was adopted, notice of the time and place of the meeting was mailed to eligible interested parties who filed written requests with the City for mailed notice of meetings on new or increased fees or service charges; and WHEREAS, in accordance with Government Code Section 66016, the Report was available for public inspection, review, and comment for ten (10) days prior to the public meeting at which the City Council considered the adoption of the Fee; and WHEREAS, ten (10) days advance notice of the public meeting at which the City Council considered the Report and adoption of the Fee was given by publication in accordance with Government Code.Section 6062a: and WHEREAS, on August 27, 2012, the City Council introduced Ordinance No , which adds new Title 19, entitled "Development -Fees," to the Petaluma Municipal Code ("Code") and amends, repeals and/or recodifies various provisions authorizing the City's development -related fees, including the City Facilities Development Impact Fee, Park Land Development Impact Fee, Open Space Land Acquisition Fee, Park Land Acquisition Fee (Non -Quimby Act), Park. Land Acquisition Fee (Quimby Act), Traffic Development Impact Fee, Water and Wastewater Capacity Fees and the Commercial Development Housing Linkage Fee; and 3-4 FINDINGS WHEREAS, the City Council finds as follows: A. After considering Chapter IV and Appendix Q of the Report, the testimony received at the noticed public meeting at which this resolution was,adopted, the accompanying staff report, the General Plan, the General Plan EIR, and all correspondence received at or prior to the public meeting (the "Record"), the Council approves and adopts the Report; and the City Council further finds that the future development in the City of Petaluma will generate the need for the Facilities, and the Facilities are consistent with the City's General Plan. B. The Citv currently provides improved community and neighborhood park facilities to the community and the fee set forth in this resolution will be used'to maintain current service levels. As such, the City Park Land Development Impact Fee as it relates to development within the City is not a "project" within the meaning of CEQA (Pub.Res. Code §21080(b)(8)(D)). C. In adopting the Fee, 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 19.16 of the Petaluma Municipal Code, collectively and separately. D. The Record establishes: 1. In accordance with Section 66000, subdivision a, paragraph 1 of the Mitigation Fee Act, the purpose of the Park Land Development Impact Fee ("Fee"), set forth in this resolution, as specified in Chapter IV of the Report, is to provide funding to achieve the City's goal of maintaining existing service levels and to provide adequate community and neighborhood park facilities to meet the broad range of needs of Petaluma residents and employees as established in the General Plan. Existing standards for community and neighborhood parks have been identified which have been used as the basis to maintain these standards for future development and to mitigate the impacts caused by future development in the City. — 2. In accordance with Section 66000, subdivision a, paragraph 2 of the Mitigation Fee Act, the Fee collected pursuant to this resolution shall be used to construct the Facilities as described in the Report and the General Plan and the City's budget for capital. improvements ("the Facilities"). The Facilities, which are specifically described in Chapter IV and Appendix Q of the Report, include the following: • Construction of 43.63 acres of community parks • Construction of 29.01 acres of neighborhood parks 3. In accordance with section 66000, subdivision a, paragraph 3 of the Mitigation Fee Act, there is a reasonable relationship between the Fee's use (to pay for the construction of the Facilities) and the type of development for which the Fee is charged 3'S in that the fee will be applied all development in the City including residential, commercial, office, and industrial development projects, which will generate new demands for park facilities. The community park improvements and neighborhood park improvements constructed with the proceeds of the Fee will address and mitigate the additional impacts and demands created by residential and non-residential development projects. 4. In accordance with Section 66000, subdivision a. paragraph 4, there is a reasonable relationship between the need for the Facilities and the types of development projects on which the Fee is imposed in that the Fee will be applied to new development in the City of Petaluma both residential and non-residential. These development projects will generate new residents and employees who live, work, and/or shop in Petaluma and who generate or contribute to the demand for park improvements, because the new residents and employees will use community and neighborhood parks developed with the improvements and the same standard of improvements will be provided to new residents and employees as to existing residents and employees. 5. In accordance with -Section 66000, subdivision b of the Mitigation Fee Act, there is a reasonable relationship between the amount of the Fee and the cost of the Facilities, or the portion thereof attributable to the development in the City on which the Fee is imposed in that the Fee has been calculated by apportioning the cost of constructing new conununity and neighborhood parks to each type of new residential unit, and to the "resident equivalent" of each employee generated by commercial, office and industrial development projects. The full cost of the Facilities has been allocated to the Fee because the entire cost will be incurred to provide the same standard of park improvements to future residents and employees as is provided to existing residents and employees. 6. The cost estimates set forth in the Report are reasonable estimates for constructing or acquiring the Facilities -and the Fees expected to be generated by future development will not exceed the projected cost of constructing and/or acquiring the Facilities. 7. The method of allocation of the Fee to a particular development bears a fair relationship and is roughly proportional to each development's burden on.and benefits from the Facilities to be funded by the Fee, in that the Fee is calculated based,on the, number of.residents or employees each particular development will generate. 8. The Report is a detailed analysis of how public services will be affected by development in the City and the public facilities required to accommodate that development. 9. The Fee is consistent with the General Plan and, pursuant to Government Code Section 65913.2; the City Council 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. 10. The Fee amounts set forth in Exhibit A include the reasonable costs of administration and compliance of the Fee program with the requirements of the Mitigation Fee Act and other applicable law. The Fee program and administration cost is calculated to be approximately 2% of the total Fee as indicated in Chapter VII of the Report. ADOPTION OF FEE NOW, THEREFORE, BE IT RESOLVED, Definitions. a. "Accessory Dwelling" shall mean a second unit which meets the standards set forth in Section 7.030 of Chapter 7, "Standards for Specific Land Uses" of the City of Petaluma Implementing Zoning Ordinance ("IZO"), as modified by any subsequent amendment or successor zoning ordinance and/or development code provision adopted by the City which defines Accessory Dwelling, second unit or second dwelling unit." b. "Commercial" shall mean any development constructed or to be constructed on land having a General Plan 2025 land use or zoning designation, as established in the Implementing Zoning Ordinance, No. 2300 N.C.S., or any successor ordinance, for facilities for the purchase and sale of commodities.and services and the sales, servicing, installation, and repair of such commodities and services and other uses incidental to these activities. Commercial land uses include but are not limited to: apparel and clothing stores; auto dealers and malls; auto accessories stores; banks and savings and loans; beauty salons; book stores; discount stores and centers; dry cleaners; drug stores; eating and drinking establishments; furniture stores and outlets; general merchandise stores; hardware stores; home furnishings and improvement centers; laundromats; liquor stores; service stations; shopping centers; supermarkets; bicycle shops; cameras and photographic supply stores; convenience stores; department stores; drug stores and pharmacies; jewelry stores; luggage and leather goods stores; sporting goods and equipment stores; stationery stores; collectible stores; second hand goods stores; religious goods stores; hobby materials stores; small wares stores; plant sales; bowling alleys; coin-operated amusement arcades; dance halls, clubs and ballrooms; electronic game arcades; ice skating and roller skating establishments; pool and billiard rooms; amusement and theme parks; go-cart tracks; golf driving ranges; miniature golf courses; water slides;,.banks and trust companies; credit agencies; holding companies; lending and thrift institutions; securities/commodity contract brokers and dealers; fueling stations and gas stations; security and commodity exchanges; vehicle finance leasing agencies; restaurants, cafes and coffee shops; and movie theatres and civic theatres. C. `Developed" and "Development' shall mean the construction or alteration of or addition to, other than by the City. of any building or structure within the City of Petaluma. 3_q d. "Facilities" shall include those municipal public facilities as are described in the Report related to providing general improvements to community and neighborhood park lands. "Facilities" shall also include comparable alternative facilities should later changes in projections of development in the region necessitate construction of such alternative facilities: provided that the City Council later determines (1) that there is a reasonable relationship between development within the City of Petaluma and the need for the alternative facilities; (2) that the alternative facilities are comparable to the facilities in the Report; and (3) that the revenue from the Fee will be used only to pay new development's fair and proportionate share of the alternative facilities. e. "Industrial" shall mean any development constructed or to be constructed on land having a General Plan 2025 land use or zoning designation as established in the ,Implementing Zoning Code, Ordinance No. 2300 N.C.S., or any successor ordinance, for the manufacture, production, assembly, and processing of consumer goods, uses incidental to those activities, and research, development and warehousing. Industrial land uses include, but are not limited to: assembly; contractor's storage yards: fabrication: lumber yards; manufacturing; outdoor stockyards and service yards; printing; processing; warehouses and distribution centers;, wholesale and heavy commercial enterprises; clothing, fabric and other product manufacturing; electronics, equipment, and appliance manufacturing; metal products fabrication, machine and welding shops; paper product manufacturing; food and beverage product manufacturing; small-scale manufacturing: lumber and wood product manufacturing; machinery manufacturing; motor vehicle and transportation equipment manufacturing; stone and cut stone product manufacturing; structured clay and pottery product manufacturing; processing of building materials, chemicals, fabricated metals, paper products, machinery, textiles, and/or equipment; and collection, sorting and processing enterprises. f "Mixed Development" shall mean a development that includes more than one of the types of development defined in this Section 1. Mixed developments may combine residential types of development (Single Family and Multifamily), non-residential types of development (Commercial. Industrial, and Office), or a combination of residential and non-residential types of development. g. "Multifamily Residential" shall mean any residential Development that does not qualify as detached single family dwelling unit Development as defined in the California Building Standards Code, as adopted by the City. h. "Office'" shall mean any development constructed or to be constructed on land having a General Plan 2025 land use or zoning designation, as established in the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S., or any successor ordinance, for general business offices, medical and professional offices, administrative or headquarters offices for large wholesaling or manufacturing operations, and other uses incidental to these activities. Office land uses include but are not limited to: administrative headquarters; business parks; finance offices; insurance offices; legal offices; medical ,and health services offices; office buildings; professional and administrative offices;.professional associations; real estate offices; and travel agencies. i. "Single Family Residential" shall mean detached, single-family dwelling unit development as defined in the California Builders Standards Code, as adopted by the City. 2. Park Land Development Impact Fee Imposed. Pursuant to the Mitigation Fee Act and Chapter 19.16 of the City of Petaluma Municipal Code, a Park Land Development Impact Fee shall be imposed and paid at the times and in the amounts and otherwise apply and be administered as prescribed in this Resolution on each type of development set forth in Exhibit A, which is attached to hereto and made a part of this Resolution, including each portion of such Development within Mixed Development. 3. Time for hnposine Fee. In accordance with Government Code Section 65961, the Fee for residential subdivision development for which tentative or parcel maps are required pursuant to the Subdivision Map Act (Government Code Section 66410 et seq.) shall be imposed at the time of approval of the conditions that apply to the tentative or parcel map for such residential subdivision development, as applicable. Payment of the Fee shallbe deemed to be a condition of all such tentative or parcel 'maps. Notwithstanding this Section 3, ,the time for payment of the Fee for all development, including Single Family Residential and Multiple Family Residential subdivisions, shall be as specified in Section 4, below. 4. Time for Fee Payment. a. In accordance with Government Code Section 66007, the Fee shall be charged and paid for each residential development upon -the date of final inspection or issuance of the certificate of occupancy for such residential development, whichever is earlier. However, if the Fee is to reimburse the City for expenditures previously made, or if the City determines that the Fee will be collected for Facilities for which an account has been established and funds appropriated and for which the City has adopted a proposed construction schedule prior to issuance of the building permit for such residential development, then the Fee shall be charged and paid upon issuance of the building permit for such, residential development. However, with respect to a residential development proposed by a nonprofit housing developer in which at least forty-nine percent (49%) of the total units are reserved for occupancy by lower income households, as defined in Health and Safety Code Section 50079.5, at an affordable rent, as defined in Health and Safety Code Section 50053, the payment procedures described in Government Code Section 66007(b)(2)(A)-(B) shall apply. b. The Fee shall be charged and paid for each non-residential Development upon issuance of the building permit for such non-residential Development. 3—I C. The Fee shall be charged and paid for each Mixed Development upon the times specified in this Section 4 that apply "to such Mixed Development. For example, if a Mixed Development includes residential Development and non-residential Development, and the -Fee is to reimburse the City for expenditures previously made, or the City has made the required determination to permit requiring payment of the Fee upon issuance of the building permit, and the procedures in Government Code section 66007(b)(2)(A)-(B) do not apply. the Fee as applicable toahe entire mixed development shall be paid upon issuance of the building permit for the Mixed Development. If a Mixed Development includes residential and non-residential development, and the Fee is not to reimburse the City for expenditures previously made or the City has not made the required determination to permit requiring payment of the Fee upon issuance of the building permit, the Fee as to the residential portion of the mixed development shall be paid upon the earlier of the date of final inspection or issuance of the certificate of occupancy for such residential portion, and the Fee, as to the non-residential portion of the Mixed Development shall be paid uponissuanceof the building permit for such non-residential portion. 5. Amount of Fee. a. The amount of the Fee for residential and non-residential development shall be as set forth in Exhibit A attached hereto and incorporated herein. b. The amount of the Fee for Mixed Development shall be the sum of the following, as applicable: 1. The applicable amount per unit pursuant to Section 5(a), above, for each residential development within a Mixed Development. 2. The applicable amount per 1,000 square feet of Development pursuant to Section 5(a), above, for each .nonresidential Development or portion of such Development within a Mixed Development. C. Any non-residential development on property on, which a building or structure was demolished or on which the use of an existing structure changes to a more intensive use shall pay a prorated fee equaltothe fee calculated pursuant t6 this resolution that is applicable to the new development or use, less the fee applicable to the prior development or use, so long as such prior use was in existence at the time of adoption of General Plan 2025. 6. Desianatiomof Developments. Nonresidential developments, other than Mixed Developments (but including non-residential developments within Mixed Developments) that are not within the definition of a use defined in this resolution shall be assigned to one of the defined use categories by the City Manager for purposes of imposition and charging of the Fee. The City Manager shall assign such categories as consistently as possible with the definitions of such categories established pursuant to this resolution or as later amended by the City Council. The City Manager may also designate Development as Multifamily or Single -Family based on the actual number of dwelling units per structure within the development. 7. InanDlicability of Fee. The Fee shall not apply to: a. Any alteration or addition to a residential structure, except to the extent that a residential unit is added to a single family residential unit or another unit is added to an existing multi -family residential unit: b. Any replacement or reconstruction of an existing residential structure that has been destroyed or demolished, if the building permit for reconstruction is obtained within one year after the building was destroyed or demolished. This subsection shall not apply if the replacement or reconstruction increases the square footage of the structure by 50 percent (50%) or more. C. Any replacement or reconstruction of an existing non-residential structure that has been destroyed or demolished, if the building permit for reconstruction is obtained within one year after the building was destroyed or demolished, there is no change in the land use designation of the property, and the square footage of the replacement building does not exceed the square footage of the building that was destroyed or demolished. d. Any addition to an existing non-residential structure of 500 square feet or less. C. Any public or quasi -public development on lands designated Public/Semi-Public or Education on the General Plan Land Use Map so long as such development is intended to serve development in'the City and does not itself generate a need for additional public infrastructure needed to serve new development, as in the way new residential development generates new residents requiring City services, and new non-residential development generates new employees in the City using City services. f Low and/or moderate income senior citizens housing projects owned and developed by a charitable, nonprofit organization recognized as such by the United States Internal Revenue Service and the Slate of California Franchise Tax Board. g. The City Council, in its discretion, may determine that the Fee is inapplicable to certain• development constructed or to be constructed by a public entity on land having an appropriate General Plan land use designation provide that the City Council finds that such inapplicability is in the interest of the public health, safety and/or welfare, for reasons specified in the findings. Such reasons may include, but are not limited to, that the Fee as it would apply to such development by a public entity will be sufficiently recovered in whole or in part from residential development, the residents of which may constitute the primary users of the public entity development. 3-11 8. Use of Fee Revenue. The revenues raised by payment of the Fee shall be placed in a separate, interest bearing account to permit accounting for such revenues and the interest that they generate. Such revenues and interest shall be used only for the Facilities and the purposes for which the Fee was collected, which are the following: a. To pay for design, engineering, right-of-way or land acquisition and construction and/or acquisition of the Facilities and reasonable costs of outside consultant studies related thereto: b. To reimburse the City for the Facilities constructed by the City with funds from other sources including funds from other public entities, unless the City funds were obtained from grants or gifts intended by the grantor to be used for the Facilities. C. To reimburse developers who liave designed and constructed any of the Facilities with prior City approval and have entered into an agreement, as provided in Section 9, below: and d. To pay for and/or reimburse costs of program development and ongoing administration and maintenance of the Fee program, including, but not limited to, the cost of studies, legal costs, and other costs of updating the Fee. 9. Credits and Reimbursement for Developer Constructed Facilities. The City and a developer may enter into an improvement agreement to allow the developer to construct certain of the Facilities. Entering such an agreement is in the City's sole discretion. Such agreement shall provide for security for the developer's commitment to construct the Facilities and shall refer to this resolution for credit and reimbursement. If the City enters into such an agreement with a developer prior to'construction of one or more of the Facilities, the City shall provide the developer a credit in accordance with the following: a. Credit Amount. The credit shall be in the amount of the lowest bid received for construction of the facility, as approved by the City Engineer. However, in no event shall a credit pursuant to this provision exceed the current facility cost. For the purposes of this section, such current facility cost shall be the amount listed in the Report for the particular facility, as subsequently adjusted pursuant to Sections 13 and 14 of this Resolution prior to issuance of the building permit for that facility. Once issued, credit pursuant to this section shall not be adjusted for inflation or any other factor. Credit provided pursuant to this section is not transferable. b. Annlication of Credit. Developers may apply credit given pursuant to this section against the Fee applicable to a particular project until the credit is exhausted or an excess credit results. The total credit 3-1a shall be divided by the number of units or square footage of building space (or combination thereof for a Mixed Use Development) to determine the amount of credit which can be applied against the Fee for. each unit of measurement and, if the credit per unit of measure is less than the Fee per unit of measurement, the developer shall pay the difference for each residential unit or square footage of building space. C. Reimbursement for Excess Credit. Reimbursement for excess credit shall only be from remaining unspent Fee revenues. Once all the Facilities -have been constructed or acquired, and to the extent Fee revenues are sufficient to cover all claims for reimbursement of Fee revenues, including reimbursement for excess credit, developers with excess credit shall be entitled to reimbursement, subject to such developers certifying in writing to the City that the cost of constructing the facility that resulted in an excess credit was not passed on to homeowners, and indemnifying the City from land -owner claims for reimbursement under the Mitigation Fee Act, and Section 66001 in particular. If remaining Fee revenues atter all of the Facilities have'been constructed or acquired are insufficient to cover all claims for reimbursement of Fee revenues, such claims, including claims for reimbursement of excess credit, shall be reimbursed on a pro rata basis in accordance with applicable law. 10. Standards. The standards upon which the need for the Facilities is based are the standards of the City, including the standards contained in the General Plan and its EIR and those City standards reflected in the Report. 11. Periodic Review. a. During each fiscal year. the City Manager shall prepare a report for the City Council, pursuant to. Government Code Section 66006, identifying the balance of Fee revenues in the Fee account. b. Pursuant to Government Code Section 66002, the City Council shall also review, as part of any adopted City Capital Improvement Plan each year, the approximate location, size, time of availability and estimates of cost for all Facilities to be financed with the Fee. The estimated costs shall be adjusted in accordance with appropriate indices of inflation. The City Council shall make findings identifying the purpose to which the existing Fee revenue balances are to be put and demonstrating a reasonable relationship between the Fee and the purpose for which it is charged. 12. Subsequent Analvsis and Revision of the Fee. The Fee set forth herein is adopted and implemented by the City Council in reliance on the Record identified above. The City may continue to conduct further study and analysis to determine whether the Fee should be revised. When additional inforniation is available, the City Council may review the Fee to determine that the Fee amounts remain reasonably related to the impacts of development within the City of Petaluma and areas included in the City's General Plan. The City Council may revise the Fee to 3,13 incorporate findings and conclusions of further studies and any standards in General Plan and/or the General Plan EIR, as well as increases due to inflation and increased construction costs. 13. Fee Adjustments. a. Annual CPI Adjustments. The Fee established will escalate or decrease annually by the same percentage the latest "Engineering News Record Construction Cost Index - 20 City Average" ("Index") annually escalates or decreases. The adjustment shall be based on a comparison of the most recent Index to the Index in the month of 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 will take effect on the second July 1 st following the adoption of this resolution and each subsequent July I st. b. Refund Applications Based on 2008 Development Fees Paid. Current owners of development that paid development tees pursuant to Resolution No. 2008-093 N.C.S. may apply for a refund of the difference, if any, between the total development fees that owner paid pursuant to said -resolution -("prior fee"), and the resolution(s) that superseded the resolution listed in this provision ("current fee"), if the total amount of prior fees paid exceeds the total amount of current fees applicable to that development, subject to the following: 1. To be eligible for a refund, current development owners must certify in writing to the City that the owner has not recovered or is not recovering from third parties such as tenants or others the amount of the prior fees paid or the amount by which the prior fees exceeds.the current fees. 2. Any refunds pursuant to this provision shall only be paid from existing, un -obligated, unspent Fee revenue balances. The City will have no obligation to pay refunds to any owner absent sufficient existing, un -obligated, unspent Fee revenue balance available for that purpose. 3. If existing, un-obligatedi unspent Fee revenue balances are insufficient to cover eligible applications for refund, such eligible applications shall be paid refunds on a pro rata basis in accordance with applicable law. 14. Administrative Guidelines. The Council may, by resolution, adopt administrative guidelines to provide procedures for calculation, credit, reimbursement, payment and other administrative aspects of the Fee. Such guidelines may include procedures for construction of designated Facilities by developers. 15. Effective Date. This resolution and the Fee imposed pursuant to Section 2 shall become effective on the effective date of Ordinance No. N.C.S. 3-i4, 16. Severability. Each component of the Fee and all portions of this Resolution are severable. Should any individual component of the Fee or other provision of this Resolution be adjudged to be invalid and unenforceable, the remaining component or provisions shall be and continue to be fully effective, and the Fee shall be fully effective except as to that component that has been judged to be invalid. 17. Supersession/Repeal/Savings Clause. All resolutions and parts thereof in conflict with the provisions of this Resolution are superseded and repealed, effective on the effective date of the Fee imposed pursuant to Section 2. However, violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective date of this Resolution, under any chapter, ordinance, or part of an ordinance, or resolution or part of a resolution, shall be deemed to remain in full force for the purpose of sustaining any proper suit, action, or other proceedings, with respect to any such violation, right, liability or appeal. 3,15 EXHIBIT A PARK LAND DEVELOPMENT IMPACT FEE Land Use Type Fee,Amount Udit,of Measurement Single Family Residential $5,212 Unit Multifamily Residential $3,510 Unit Accessory Dwelling $1,788 Unit Commercial $987 1,000 square feet of building space Office $944 1,000 square feet of building space Industrial $601 1,000 square feet of building space 3-16 Attachment 4 RESOLUTION UPDATING THE OPEN. SPACE LAND ACQUISITION FEE FOR NEW DEVELOPMENT PROJECTS TO PROVIDE FOR OPEN SPACE LAND ACQUISITION NECESSARY TO SERVE FUTURE DEVELOPMENT WITHIN THE CITY OF PETALUMA AND SUPERSEDING SUCH FEE ADOPTED BY RESOLUTION NO. 2008-091 N.C.S., ADOPTED MAY 19, 2008 RECITALS WHEREAS, the City of Petaluma: General Plan 2025 ("General Plan") outlines future land uses within the City of Petaluma ("City") and applies to a planning area which includes the City and land outside the City in unincorporated Sonoma County which must also be considered to properly plan for the City's future; and WHEREAS, the General Plan of the City was adopted by the Petaluma City Council ("City Council") on May 19, 2008; and WHEREAS. an Environmental Impact Report ("EIR",) was prepared for the General Plan (State Clearinghouse Number 2004082065) pursuant to the California Environmental Quality Act ("CEQA") and certified by the City Council on April 7, 2008 by Resolution No. 2008-058 N.C.S.; and WHEREAS, the General Plan area is shown on the land use maps contained in the General Plan; and WHEREAS, the City Council last updated the City's Open Space Acquisition Fee for New Development by Resolution No. 2008-091 N.C.S., adopted May 19, 2008; and WHEREAS, the General Plandesignates a defined land use for all property within the City and, based on those uses, calculates the expected number of residents, residential units, employees, and square footage of nonresidential development that will result if all property in the City is developed as planned:by the year 2025. The General Plan incorporates policies and programs to mitigate the impacts of such new development, including policies that require new development to pay for its proportional fair share of the costs of acquiring and improving public facilities, including community and neighborhood park improvements, necessary to meet the demands of residents, employees, customers, and businesses; and, WHEREAS, the General Plan and its EIR analyze the impacts of development under the General Plan and proposed mitigation measures, including the creation of fee programs to require new development to pay for its proportional fair share of the cost of acquiring and improving public facilities necessary to meet the: demands of new residents, employees, customers, and businesses for such facilities; and WHEREAS, Goal 1-G-6 of Chapter 1 of the General Plan provides that the City should "Maintain a residential growth management system to ensure public infrastructure keeps pace with growth;" and WHEREAS, Policy 1-P-47 of Goal I -G-6 of Chapter I of the General Plan provides that the City should "Ensure that all new development provides necessary public facilities to support the development," and includes program A which provides that the City should: "Collect proportionate fair share of long-term infrastructure improvement costs as entitlements are granted" and program B: "Initiate design of long term infrastructure improvements in a timely manner to ensure their completeness coincide with demand;" and WHEREAS, Goal 1-G-1 of Chapter 1 of the General Plan provides that the City should "Maintain a balanced land use program that meets the long-term residential, employment, retail, institutional, education, recreation, and open space needs of the community"; and WHEREAS. Policy 1-P-18 of Goal 1-G-3 of Chapter 1 of the General Plan provides that the City should "Maintain a permanent open space around the city through the continued use of the Urban Separator and the use of an Urban Separator Pathway, as designated'; and WHEREAS, Goal 2-G-1 of Chapter 2 of the General Plan provides that the City should "Preserve Petaluma's setting as an urban place surrounded largely by rural land uses and densities, agriculture and open space"; and WHEREAS, Program (E) of Policy 6-P-1 of Goal 6-G-1 of Chapter 6 of the General Plan provides that the City should "As part of the City's Development regulations establish common open space requirements for multi -family development. Such open space shall NOT be counted toward public park dedication/in lieu fee requirements for meeting neighborhood and/or community park needs"; and WHEREAS, Policy 6-P-6 of Goal 6-G-1 of Chapter 6 of the General Plan provides that the City should "Achieve and maintain a park standard of 5 acres per 1,000 residents (cormnunity park land at 3 acres per 1,000 population and neighborhood park land at 2 acres per 1,000 population) and an open space/urban separator standard of 10 acres per 1,000 population, in order to enhance the physical environment of the City and to meet the recreation needs of the community"; and 4,0L WHEREAS, Chapter 20.34 of the Petaluma Municipal Code, adopted pursuant to California Government, Code section 66477;(the "Quimby Act"), :requires the dedication of park land as a part of residential development subject to the Quimby Act, or the payment of a fee in lieu of dedicating property. The Quimby Act applies only to fees and/or dedications imposed on certain subdivisions subject to the Subdivision Map Act (Government Code Section 64410 et seq.) to fund land acquisition costs for park or recreational purposes, and the Quimby Act does not apply to imposition of fees for open space land acquisitions; and WHEREAS, the City retained Municipal Resource Group, LLC to determine, based in part on the land use designations provided by the General Plan, the acquisition of open space land that would be necessary to maintain the level of those services provided to the community and to fund new development's share of the costs of maintaining the developed park acreage and improvements available to Petaluma; and WHEREAS, Municipal Resource Group, LLC prepared the "City of Petaluma Mitigation Fee Act Nexus Report & Quimby Act In -Lieu Fee Report' ("Report"), dated August 14, 2012 ("Report"), a copy of which is on file in the Office of the City Clerk and hereby made a partof this Resolution by reference. The Report, in Chapter VII and Appendix T, outlines the cost of open space lands necessary to maintain the current levels of open space provided to the community and thereby meet the demands of new residents for such open space through build out under the General Plan. The Report estimates the cost in current dollars of acquiring the amount of suitable open space land to meet the General Plan standard, and calculates the fees necessary to raise the revenue necessary to pay for that cost attributable to new development- and WHEREAS, the Report, the General Plan and the General Plan EIR describe the impacts of contemplated future development on existing public facilities in the City of Petaluma related to maintaining the General Plan open space standard and analyze the need for new open space land acquisition required by future development within the City of Petaluma, described above and in Chapter VII and Appendix T of the Report (hereafter the '*Facilities"); and WHEREAS, the Report estimates the cost in current dollars of the required additional open space land, assigns hose costs attributable to new development, and calculates the fees necessary to raise the revenue necessary to pay ter the open space land acquisition costs attributable to new development; and WHEREAS, the Report demonstrates the appropriateness of adopting a fee based on current estimates of the. need for and cost of open space land acquisition needed to accommodate new development including (1) an evaluation of the open space currently available; (2) an estimate of the increase in the City's service population by the year 2025, the planning horizon of the General Plan; and (3) the average cost of acquiring adequate open space to meet the demands of 4-3 the estimated increases in the City's service population by 2025 with respect to residential and non-residential development projects; and WHEREAS, the Open Space Land Acquisition Fee is not a "tax" as defined in Section 1. paragraph (e) of Article XIIIC of the California Constitution ("Proposition 26") because such fee is imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable cost to the City of providing the service or product; and/or the fee is imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable cost to the City of providing the service or product; and/or the fee is imposed for the reasonable regulatory costs to the City of issuing licenses and permits, performing investigations, inspections and audits, enforcing agricultural marketing orders and the administrative enforcement and adjudication thereof, and/or the fee is imposed as a condition of property development; and WHEREAS, the Open Space Land Acquisition Fee adopted by this Resolution is not subject to the requirements of Article XIIID of the California Constitution ("Proposition 218") concerning property related assessments and fees pursuant to Apartment Association of Los Angeles County v. City of Los Angeles (2001) 24 Cal.4°i 830, in that such fee is not applicable to incidents of property ownership, but rather to actual use of and need for City services and/or facilities; and WHEREAS, in accordance with Government -Code Section 50076, fees and charges that do not exceed the reasonable cost of providing the service or regulatory activity for which the fees are charged and which are not levied for general revenue purposes are not special taxes as defined in Article 3.5 of the Government Code; and WHEREAS, in accordance with Government Code Section 66016, at least fourteen (14) days prior to the public meeting at which this Resolution was adopted, notice of the time and place of the meeting was mailed to eligible interested parties who filed written requests with the City for mailed notice, of meetings on new or increased fees or service charges; and WHEREAS, 'in accordance with Government Code Section 66016, the Report was available for public inspection, review, and comment for ten (10) days prior to the public meeting at which the City Council considered the adoption of the Fee; and WHEREAS, ten (10) days advance notice of the public meeting at which the City Council considered the Report and adoption of the Fee was given by publication in accordance with Government Code Section 6062a; and 4_4 WHEREAS, on August 27, 2012, the City Council introduced Ordinance No , which adds new Title 19, entitled "Development Fees," to the Petaluma Municipal Code ("Code") and amends, repeals and/or recodifies various provisions authorizing the City's development -related fees, including the City Facilities Development Impact Fee, Park Land Development Impact Fee, Open Space Land Acquisition Fee, Park Land Acquisition Fee (Non -Quimby Act), Park Land Acquisition Fee (Quimby Act), Traffic Development Impact Fee, Water and Wastewater Capacity Fees and the CommercialDevelopmentHousing Linkage Fee; and FINDINGS WHEREAS, the City Council finds as follows: A. Alter considering Chapter VII and Appendix T of the Report, the testimony received at the noticed public meeting at which this resolution was adopted, the accompanying staff report, the General Plan, the General Plan FIR, and all correspondence received at or prior to the public meeting (the "Record"), the Council approves and adopts the Report; and the City Council further, finds that the future development in the City of Petaluma will generate the need for the Facilities, and the Facilities are consistent with the City's General Plan. B. The City currently provides open space amenities to Petaluma residents and employees at the ratio of 10 acres of open space per 1,000 population, and the fee set forth in this resolution will be used to maintain current service levels. As such, the Open Space Land Acquisition Fee as it relates to development within the City is not a "project" within the meaning of CEQA (Pub.Res. Code §21080(b)(8)(D)). C. In adopting the Fee, the Council is exercising its powers under Article XI, §§5 and 7 of the California Constitution, Chapter 5 of Division I of the Govermnent Code (`Mitigation Fee Act"), commencing with Section 66000, Section 54 of the City of Petaluma Charter, and Chapter 19.08 of the Petaluma Municipal Code, collectively and separately. D. The Record establishes: 1. In accordance with Section 66000, subdivision a, paragraph 1 of the Mitigation Fee Act, the purpose of the Open Space Land Acquisition Fee ("Fee"), set forth in this resolution, as specified in Chapter VII of the Report, is to provide funding to achieve the City's goal of maintaining existing service levels and, to provide adequate open space amenities for Petaluma residents and, employees as established in the General Plan. Existing standards for community and neighborhood parks have been identified which have been used as the basis to maintain these standards for future development. and to mitigate the impacts caused by future development in the City. 4-57 1 In accordance with Section 66000, subdivision a, paragraph 2 of the Mitigation Fee Act, the Fee collected pursuant to this resolution "shall be used to purchase open space land as described in the Report and the General Plan ("the Facilities"). The Facilities', which are specifically described in Chapter VII and Appendix T of the Report, include the following: • Acquisition of 14.07 acres of open space land 3. In accordance with section 66000, subdivision a. paragraph 3 of the Mitigation Fee Act, there is a reasonable relationship between the Fee's use (to pay for the construction of the Facilities) and the type of development for which the Fee is charged in that the fee will be applied all development in the City — including residential. commercial, office, and industrial development projects, which will generate new demands for open space amenities. The open space acquired with the proceeds of the Fee will address and mitigate the additional impacts and demands created by residential and non-residential development projects. 4. In accordance with Section 66000, subdivision a, paragraph 4, there is a reasonable relationship between the need for the Facilities and the types of development projects on which the Fee is imposed in that the Fee will be applied to new development in the City of Petaluma both residential and non-residential. These development projects will generate new residents and employees who live, work, and/or shop in Petaluma and who generate or contribute to the demand for open space, because the new residents and employees will benefit from open space acquired and the same standard of open space will be provided to new residents and employees as to existing residents and employees. 5. In accordance with Section 66000, subdivision b of the Mitigation Fee Act, there is a reasonable relationship between the amount of the Fee and the cost of the Facilities, or the portion thereof attributable to the development in the City on which the Fee is imposed in that the Fee has been calculated by apportioning the cost of acquiring new open space land to each type of new residential unit, and to the `resident equivalent" of each employee generated by commercial, office and industrial development projects. The full cost of the Facilities has been allocated to the Fee because the entire cost will be incurred to provide the same standard of open space amenities to future residents and employees as is provided to existing residents and employees. 6. The cost estimates set forth in the Report are reasonable estimates for acquiring the Facilities, and the Fees expected to be generated by future development will not exceed the projected cost of acquiring the Facilities. 7. The method of allocation of the Fee to a particular development bears a fair relationship and is roughly proportional to each development's burden on and benefits from the Facilities to be funded by the Fee, in that the Fee is calculated based on the number of residents or employees each particular development will generate. 4- (o 8. The Report is a detailed analysis of how public services will be affected by development in the City and the public facilities required to accommodate that development. 9. The Fee is consistent with the General Plan and, pursuant to Government Code Section 65913.2; the City Council 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. 10. The Fee amounts set forth in Exhibit A include the reasonable costs of administration and compliance of the Fee program with the requirements of the Mitigation Fee Act and other applicable law. The Fee program and administration cost is calculated to be approximately 2% of the total Fee as indicated in Chapter VII of the Report. ADOPTION OF FEE NOW, THEREFORE, BE IT RESOLVED, 1. Definitions. a. "Accessory Dwelling" shall mean a second unit which meets the standards set forth in Section 7.030 of Chapter 7, "Standards for Specific Land Uses" of the City of Petaluma Implementing Zoning Ordinance ("IZO"), as modified by any subsequent amendment or successor zoning ordinance and/or development code provision adopted by the City which defines Accessory Dwelling, second unit or second dwelling unit." b. "Commercial" shall mean any development constructed or to be constructed on land having a General Plan 2025 land use or zoning designation, as established in the Implementing Zoning 'Ordinance, No. 2300 N.C.S., or any successor ordinance, for facilities for the purchase and sale of commodities and services and the sales, servicing, installation, and repair of such commodities and services and other uses incidental to these activities. Commercial land uses include but are not limited to: apparel and clothing stores; auto dealers and malls; auto accessories stores; banks and savings and loans; beauty salons; book stores; discount stores and centers: dry cleaners: drug stores; eating and drinking establishments; furniture stores and outlets; general merchandise stores; hardware stores; home furnishings and improvement centers; laundromats; liquor stores; service stations; shopping centers; supermarkets; bicycle shops: cameras and photographic supply stores; convenience stores; department stores: drug stores and pharmacies; jewelry stores; luggage and leather goods stores; sporting goods and equipment stores; stationery stores; collectible stores; second hand goods stores; religious goods stores; hobby materials stores; small wares stores; plant sales; bowling alleys; 1_q coin-operated amusement arcades; dance halls, clubs and ballrooms; electronic game arcades; ice skating and roller skating establishments; pool and billiard rooms; amusement and theme parks; go-cart tracks; golf driving.ranges; miniature golf courses; water slides; banks and trust companies: credit agencies: holding companies; lending and thrift institutions; securities/commodity contract brokers and dealers; fueling stations and gas stations; security and commodity exchanges; vehicle finance leasing agencies; restaurants. cafes and coffee shops; and movie theatres and civic theatres. C. "Developed" and "Development' shall mean the construction or alteration of or addition to, other than by the City, of any building or structure within the City of Petaluma. d. "Facilities" shall include those municipal public facilities as are described in the Report related to providing general improvements to community and neighborhood park lands. "Facilities" shall, also include comparable alternative facilities should later changes in projections of development in the region necessitate construction of such alternative facilities; provided that the City Council later determines (1) that there is a reasonable relationship between development within the City of Petaluma and the need for the alternative facilities; (2) that the alternative facilities are comparable to the facilities in the Report; and (3) that the revenue from the Fee will be used only to pay new development's fair and proportionate share of the alternative facilities. e. "Industrial" shall mean any development constructed or to be constructed on land having a General Plan 2025 land use or zoning designation as established in the Implementing Zoning Code, Ordinance No. 2300 N.C.S., or any successor ordinance, for the manufacture, production, assembly, and processing of consumer goods, uses incidental to those activities, and research, development and warehousing. Industrial land uses include, but are not limited to: assembly; contractor's storage yards; fabrication; lumber yards; manufacturing; outdoor stockyards and service yards; printing; processing; warehouses and distribution centers; wholesale and heavy commercial enterprises; clothing, fabric and other product manufacturing; electronics, equipment, and appliance manufacturing; metal products fabrication, machine and welding shops; paper product manufacturing; food and beverage product manufacturing; small-scale manufacturing; lumber and wood product manufacturing: machinery manufacturing; motor vehicle and transportation equipment manufacturing; stone and cut stone product manufacturing; structured clay and pottery product manufacturing: processing of building materials, chemicals, fabricated metals, paper products, machinery, textiles, and/or equipment; and collection, sorting and processing enterprises. 4-3 f. "Mixed Development" shall mean a development that includes more than one of the types of development defined in this Section 1. Mixed developments may combine residential types of development (Single Family and Multifamily), non-residential types of development (Commercial, Industrial, and Office), or a combination of residential and non-residential types of development. g. "Multifamily Residential' shall mean any residential Development that does not qualify as detached single family dwelling unit Development as defined in the California Building Standards Code, as adopted by the City. h. "Office" shall mean any development constructed or to be constructed on land having a General Plan 2025 land use or zoning designation, as established in the Implementing Zoning, Ordinance, Ordinance No. 2300 N.C.S., or any successor ordinance, for general business offices, medical and professional offices, administrative or headquarters offices for large wholesaling or manufacturing operations, and other uses incidental to these activities. Office land uses include but are not limited to: administrative headquarters; business parks; finance offices; insurance offices; legal offices; medical and health services offices; office buildings; professional and administrative offices; professional associations; real estate offices; and travel agencies. i. "Single Family Residential' shall mean detached, single-family dwelling unit development as defined in the California Builders Standards Code, as adopted by the City. 2. Onen Soace Land Acquisition Fee Imposed. Pursuant to the Mitigation Fee Act and Chapter 19.08 of the City of Petaluma Municipal Code, an,Open Space Land Acquisition Fee shall be imposed and paid at the times and in the amounts and otherwise apply and be administered as prescribed. in this Resolution on each type of development set forth in Exhibit A, which is attached to hereto and made a part of this Resolution, including each portion of such Development within Mixed Development. 3. Time for hnvosink Fee. In accordance with Government Code Section 65961, the Fee for residential subdivision development for which tentative or parcel maps are required pursuant to the Subdivision Map Act (Government Code Section 66410 el sey:) shall be imposed at the time of approval of the conditions that apply to the tentative or parcel map for such residential subdivision development, as applicable. Payment of the Fee shall be deemed to be a condition of all such tentative or parcel maps. Notwithstanding this Section 3, the time for payment of the Fee for all development, including Single Family Residential and Multiple Family Residential subdivisions, shall be as specified in Section 4, below. 4. Time for Fee Pavment. a. In accordance with Government Code Section 66007, the Fee shall be charged and paid for each residential development upon the date of final inspection or issuance of the certificate of occupancy for such residential development, whichever is earlier; however, if the Fee is to reimburse the City for expenditures previously made, or if the City determines that the Fee will be collected for Facilities for which an account has been established and funds appropriated and for which the City has adopted a proposed construction schedule prior to issuance of the building permit for such residential development, then the Fee shall..be charged and paid upon issuance of the building permit for such residential development. However, with respect to a residential development proposed by a nonprofit housing developer in which at least forty-nine percent (49%) of the total units are reserved for occupancy by lower income households, as defined in Health and Safety Code Section 50079.5, at an affordable rent, as defined in Health and Safety Code Section- 50053, the payment procedures described in Government Code Section 66007(b)(2)(A)-(B) shall apply. b. The Fee shall be charged and paid for each non-residential Development upon issuance of the building permit for such non-residential Development. C. The Fee shall be charged and paid for each Mixed Development upon the times specified in this Section 4 that apply to such Mixed Development. For example, if a Mixed Development includes residential Development and non-residential Development, and the Fee is to reimburse the City for expenditures previously made, or the City has made the required determination to permit requiring payment of the Fee upon issuance of the building permit, and the procedures in Government Code section 66007(b)(2)(A)-(B) do not apply, the Fee as applicable to the entire mixed, development shall be paid upon issuance of the building permit for the Mixed Development. If a Mixed Development includes residential and non-residential development, and the Fee is not to reimburse the City for expenditures previously made or the City has not made the required determination to permit requiring payment of the Fee upon issuance of the building permit, the Fee as to the residential portion of the mixed development shall be paid upon the earlier of the date of final inspection or issuance of the certificate of occupancy for such residential portion, and the Fee as to the non-residential portion of the Mixed Development shall be paid upon issuance of the building permit for such non-residential portion. 14 -ID 5. Amount of Fee. a. The amount of the Fee for residential and non-residential development shall be as set forth in Exhibit A. b. The amount of the Fee for Mixed Development shall be the sum of the following, as applicable: t. The applicable amount per unit pursuant to Section 5(a), above, for each residential development within a Mixed Development. 2. The applicable amount per 1,000 square feet of Development pursuant to Section 5(a), above, for each nonresidential Development or portion of such Development within a Mixed Development. C. Any non-residential development on property on which a building or structure was demolished or on which the use of an existing structure changes to a more intensive use shall pay a prorated fee equal to the fee calculated pursuant to this resolution that is applicable to the new development or use, less the fee applicable to the prior development or use, so long as such prior use was in existence at the time of adoption of General Plan 2025. 6. Designation of Develooments. Nonresidential developments; other than Mixed Developments (but including non-residential within Mixed Developments) that are not within the definition.of a use defined in this resolution shall be assigned to one of the defined use categories by the City Manager for purposes of imposition and charging of the Fee. The City Manager shall assign such categories as consistently as possible within the definitions of such categories established pursuant to this resolution or as later amended by the City Council. The City Manager may also designate Development as Multifamily or Single -Family based on the actual number of dwelling units per structure within the development. 7. Inanolicabilitv of Fee. The Fee shall not apply to: a. Any alteration or addition to a residential structure, except to the extent that a residential unit is added to a single family residential unit or another unit is added to an existing multi -family residential unit; b. Any replacement or reconstruction of an existing residential structure that has been destroyed or demolished, if the building permit for reconstruction is obtained within one year after the building was destroyed or demolished. This subsection shall not apply if the replacement or reconstruction increases the square footage of, the structure by 50 percent (50%) or more. C. Any replacement or reconstruction of an existing non-residential structure that has been destroyed or demolished, if the building permit for reconstruction is obtained within one year after the building was destroyed or demolished, there is no change in the land use designation of the property, and the square footage of the replacement building does not exceed the square footage of the building that was destroyed or demolished. d. Any addition to an existing non-residential structure of 500 square feet or less. C. Any public or quasi -public development on lands designated Public/Semi- Public or Education on the General Plan Land Use Map, so long as such development is intended to serve development in the City and does not itself generate a need for additional public infrastructure needed to serve new development, as in the way new residential development generates new residents requiring City services, and new nun -residential development generates new employees in the City using City services. . f. The City Council, in its discretion, may determine that the Fee is inapplicable to certain development constructed or to be constructed by a public entity on land having an appropriate General Plan land use designation provide that the City Council finds that such inapplicability is in the interest of the public health, safety and/or welfare, for reasons specified in the findings. Such reasons may include, but are not limited to, that the Fee as it would apply to such development by a public entity will be sufficiently recovered in whole or in part from residential development. the residents of which may constitute the primary users of the public entity development. 8. Use of Fee Revenue. The revenues raised by payment of the Fee shall be placed in a separate, interest bearing account to permit accounting for such revenues and the interest that they generate. Such revenues and interest shall be used only for the Facilities and the purposes for which the Fee was collected, which are the following: a. To pay for design, engineering, right-of-way or land acquisition and construction and/or acquisition of the Facilities and reasonable costs of outside consultant studies related thereto; + 1� L_ b. To reimburse the City for the Facilities constructed by the City with funds from other sources including funds from other public entities, unless the City funds were obtained from grants or gifts intended by the grantor to be,used for the Facilities. C. To reimburse developers who have designed and constructed any of the Facilities with prior City approval and have entered into an agreement, as provided in Section 9. below; and d. To pay for and/or reimburse costs of program development and ongoing administration and maintenance of the Fee program, including, but not limited to, the cost of studies, legal costs, and other costs of updating the Fee. 9. Credits and Reimbursement for Developer Constructed Facilities. The City and a developer may enter into an improvement agreement to allow the developer to construct certain of the Facilities. Entering such an agreement is in the City's sole discretion. Such agreement shall provide for security for the developer's commitment to construct the Facilities and shall refer to this resolution for credit and reimbursement. If the City enters into such an agreement with a developer prior to construction of one or more of the Facilities, the City shall provide the developer a credit in accordance with the following: a. Credit Amount. The credit shall be in the amount of the lowest bid received for construction of the facility, as approved by the City Engineer. However. in no event shall a credit pursuant to this provision exceed the current facility cost. For the purposes of this section, such current facility cost shall be the amount listed in the Report for the particular facility, as subsequently adjusted pursuant to Sections 13 and 14 of this Resolution prior to issuance of the building permit for that facility. Once issued, credit pursuant to this section shall not be adjusted for inflation or any other factor. Credit provided pursuant to this section is not transferable. b. Annlication of Credit. Developers may apply credit given pursuant to this section against the Fee applicable to a particular project until the credit is exhausted or an excess credit results. The total credit shall be divided by the number of units or square footage of building space (or combination thereof for a Mixed Use Development) to determine the amount of credit which can be applied against the Fee for each unit of measurement and, if the credit per unit of measure is less than the Fee per unit of measurement, the developer shall pay the difference for each residential unit or square footage of building space. 4-I3 C. Reimbursement for Excess Credit. Reimbursement for excess credit shall only be from remaining unspent Fee revenues. Once all the Facilities have been constructed or acquired, and to the extent Fee revenues are sufficient to cover all claims for reimbursement of Fee revenues, including reimbursement for excess credit, developers with excess credit shall be entitled to reimbursement, subject to such developers certifying in writing to the City that the cost of constructing the facility that resulted in an excess credit was not passed on to homeowners, and indemnifying the City from land -owner claims for reimbursement under the Mitigation Fee Act, and Section 66001 in particular. if remaining Fee revenues after all of the Facilities have been constructed or acquired are insufficient to cover all claims for reimbursement of Fee _revenues, such claims, including claims for reimbursement of excess credit, shall be reimbursed on a pro rata basis in accordance with applicable law. 10. Standards. The standards upon which the need for the Facilities is based are the standards of the City. including the standards contained in the General Plan and its EIR and those City standards reflected in the Report. 11. Periodic Review. a. During each fiscal year, the City Manager shall prepare a report for the City Council, pursuant to Government Code Section 66006, identifying the balance of Fee revenues in the Fee account. b. Pursuant to Government Code Section 66002, the City Council shall also review, as part of any adopted City Capital Improvement Plan each year, the approximate location, size, time of availability and estimates of cost for all Facilities to be financed with the Fee. The estimated costs shall be adjusted in accordance with appropriate indices of inflation. The City Council shall make findings identifying the purpose to which the existing Fee revenue balances are to be put and demonstrating a reasonable relationship between the Fee and the purpose for which it is charged. 12. Subsequent Analvsis and Revision of the Fee. The Fee set forth herein is adopted and implemented by the City Council in reliance on the Record identified above. The City will continue to conduct further study and analysis to determine whether the Fee should be revised. When additional information is available, the City Council may review ,the Fee to determine that the Fee amounts remain reasonably related to the impacts of development within the City of Petaluma and areas included in the City's General Plan. The City Council may revise the Fee to incorporate findings and conclusions of further studies and any standards in General Plan and/or the General Plan EIR, as well as increases due to inflation and increased construction costs. 13. Fee Adiustments. a. Annual CPI Adjustments. The Fee established will escalate or decrease annually by the same percentage the latest "Engineering News Record Construction Cost Index - 20 City Average" ("Index") annually escalates or decreases. The adjustment shall be based on a comparison of the most recent Index to the Index in the month of 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 will take effect on the second July 1 st following the adoption of this resolution and each subsequent July 1 st. b. Refund Applications Based on 2008 Development Fees Paid. Current owners of development that paid development fees pursuant to Resolution No. 2008-091 N.C.S. may apply for a refund of the difference, if any, between the total development fees that owner paid pursuant to said resolution ("prior fee"), and the resolution(s) that superseded the resolution listed in this provision ("current fee"), if the total amount of prior fees paid exceeds the total amount of current fees applicable to that development, subject to the following: 1. To be eligible for a refund, current development owners must certifying in writing to the City that the owner has not recovered or is not recovering from third parties such as tenants or others the amount of the prior fee paid or the amount by which the prior fee exceeds the current fee. 2. Any refunds pursuant to this provision shall only be paid from existing, un -obligated, unspent Fee revenue balances. The City will have no obligation to pay refunds to any owner absent sufficient existing, un -obligated, unspent Fee revenue balance available for that purpose. 3. If existing, un -obligated, unspent Fee revenue balances are insufficient to cover eligible applications for refund, such eligible applications shall be paid refunds on a pro rata basis in accordance with applicable law. 4. 1b 14. Administrative. Guidelines. The Council may, by resolution, adopt administrative guidelines to provide procedures for calculation, credit, reimbursement, or deferred payment and other administrative aspects of the Fee. Such guidelines may include procedures for construction of designated Facilities by developers. 15. Effective Date. This resolution and the Fee imposed pursuant to Section 2 shall become effective on the effective date of Ordinance No. N.C.S. 16. Severabilitv. Each component of the Fee and all portions of this Resolution are severable. Should any individual component of the Fee or other provision of this Resolution be adjudged to be invalid and unenforceable, the remaining, component or provisions shall be and continue to be fully effective, and the Fee shall be fully effective except as to that component that has been judged to be invalid. 17. Supersession/Repeal/Savings Clause. All resolutions and parts thereof in conflict with the provisions of this Resolution are superseded and repealed, effective on the effective date of the Fee imposed pursuant to Section 2. However, violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective date of this Resolution, under any chapter, ordinance, or part of an ordinance, or resolution or part of a resolution, shall be deemed to remain in full force for the purpose of sustaining any proper suit, action, or other proceedings, with respect to any such violation, right, liability or appeal. 4`16 EXHIBIT A OPEN SPACE ACQUISITION FEE Laid Use Type Fee.Amount. Unit of,Measurement Single Family Residential $379 Unit Multi -Family Residential $255 Unit Accessory Dwelling $130 Unit Commercial $72 1.000 square feet of building space Office $69 1,000 square feet of building space Industrial $44 1,000 square feet of building space L4 'I f+ Attachment 5 RESOLUTION UPDATING THE PARK LAND ACQUISITION FEE FOR NON- QUIMBY ACT DEVELOPMENT PROJECTS TO PROVIDE FOR PARK LAND ACQUISITION NECESSARY TO SERVE FUTURE DEVELOPMENT WITHIN THE CITY OF PETALUMA AND SUPERSEDING SUCH FEE ADOPTED BY RESOLUTION NO. 2008-092 N.C.S., ADOPTED MAY 19, 2008 RECITALS WHEREAS, the City of Petaluma: General Plan 2025 ("General Plan") outlines future land uses within the City of Petaluma ("City") and applies to a planning area which includes the City and land outside the City in unincorporated Sonoma County which must also be considered to properly plan for the City's future; and WHEREAS, the General Plan of the City was adopted by the Petaluma City Council ("City Council") on May 19, 2008; and WHEREAS, an Environmental Impact Report ("EIR".) was prepared for the General Plan (State Clearinghouse Number 2004082065) pursuant to the California Environmental Quality Act ("CEQA") and certified by the City Council on April 7, 2008 by Resolution No. 2008-058 N.C.S.; and WHEREAS, the General Plan area is shown on the land use maps contained in the General Plan; and WHEREAS, the City Council last updated the City's Park Land Acquisition Fee (Non -Quimby Act Development Projects) for New Development by Resolution No. 2008-092 N.C.S., adopted May 19,2008: and WHEREAS, the General Plan designates a defined land use for all property within the'+City and, based on those uses, calculates the expected number of residents, residential units, employees, and square footage of nonresidential development -that will result if all property in the City is developed as planned by the year 2025. The General Plan incorporates policies and programs to mitigate the impacts of such new development; including policies that require new development to pay for its proportional fair share of the costs of acquiring and improving public facilities, including community and neighborhood park improvements, necessary to meet the demands of residents, employees, customers, and businesses; and, S-1 WHEREAS, the General Plan and its EIR analyze the. impacts of development under the General' Plan and proposed mitigation measures, including the creation of fee programs to require new development to pay for its proportional fair share of the cost of acquiring and improving public facilities necessary to meet the demands of new residents, employees, customers, and businesses for such facilities; and WHEREAS, Goal 1-G-6 of Chapter I of the General Plan provides that the City should "Maintain a residential growth management system to ensure public infrastructure keeps pace with growth;" and WHEREAS, Policy 1-P-47 of Goal I -G-6 of Chapter 1 of the General Plan provides that the City should "Ensure that all new development provides necessary public facilities to support the development," and includes program A which provides that the City should: "Collect proportionate fair share of long-term infrastructure improvement costs as entitlements are granted" and program B: "Initiate design of long term infrastructure improvements in a timely manner to ensure their completeness coincide with demand; and WHEREAS, Goal 1-G-1 of Chapter 1 of the General Plan provides that the City should "Maintain a balanced land use program that meets the long-term residential, employment, retail, institutional, education, recreation, and open space needs of the community"; and WHEREAS, Goal 6-G-1 of Chapter 6 of the General Plan provides that the City should "Retain and expand city-wide park and recreation assets and programs to maintain the quality of life they provide to the community"; and WHEREAS, Policy 6-P-1 of Goal 6-G-1 of Chapter 6 of the General Plan provides that the City should "Develop additional parkland and recreational facilities in the city, particularly in areas lacking these facilities and where new growth is proposed, to meet the standards of required park acreage"; and WHEREAS, Policy 6-P-3 of Goal 6-G-1 of Chapter 6 of the General Plan provides that the City should "Connect city park with other public facilities, open spaces, employment centers, and residential neighborhoods by locating new recreation facilities in proximity to these uses and by fully integrating the parks system with the city's pedestrian, bicycle, and transit systems"; and WHEREAS, Policy 6-P-5 of Goal 6-G-1 of Chapter 6 of the General Plan provides that "New parkland or recreation facilities, beyond those identified in the General Plan, may be required as part of any development review and entitlement process"; and WHEREAS, Policy 6-P-6 of Goal 6-G-1 of Chapter 6, of the General Plan provides that the City should "Achieve and maintain a park standard of 5 acres per 1,000 residents (community park S-2 land at 3 acres per 1,000 population and neighborhood_ park land at 2 acres per 1,000 population) and an open space/urban separator standard of 10 acres per 1,000 population, in order to enhance the physical environment of the city and to meet the recreation needs of the community"; and WHEREAS, Program (A) of Policy 6-P-6 of Goal 6-G-1 of Chapter 6 of the General Plan provides that the City should "Revise the City's park .in -lieu fees/dedication requirements to match the General Plan standard of 5 acres per 1,000 residents (community park land at 3 acres per 1,000 population and neighborhood park land at 2 acres per 1,000 population)"; and WHEREAS, Program (A) of Policy 6-P-7 of Goal 6-G-1 of Chapter 6 of the General Plan provides that the City should "Review and, if necessary, revise the City's Municipal Code regarding the payment of community park impact fees to maximize all opportunities for funding community and neighborhood parkland, park improvements, and park operation and maintenance through the development entitlement process;" and WHEREAS, Goal 6-G-2 of Chapter 6 of the General Plan requires that the City should "Ensure park and recreational assets are maintained to allow safe access and use"; and WHEREAS, Policy 6-P-17 of Goal 6-G-2 of Chapter 6 of the General Plan provides that "Recognizing that the maintenance of City assets is a matter of civic pride, priority and safety, the City shall work with citizens, businesses, schools, organizations, and public agencies to fund an acceptable level of maintenance for all city -owned park and recreational facilities"; and WHEREAS, Chapter 20.34 of the Petaluma Municipal Code. adopted pursuant to California Government Code Section 66477 (the "Quimby Act"), requires the dedication of parkland for residential development subject to the Quimby Act, or the payment of a fee in lieu of dedicating property. The Quimby Act applies only to fees and/or dedications imposed on certain subdivisions subject to the Subdivision Map Act (California Government Code Section 64410 et seq.) to fund land acquisition costs for park or.. recreational purposes. The Quimby Act does not apply to imposition of fees for park land acquisition imposed on development not governed by the Quimby Act (such as existing residential lots. minor subdivisions that do not seek building permits within four years of receiving parcel map approval, or commercial, office and industrial projects); and WHEREAS, residents who will occupy future residential units that are not subject to the Quimby Act will nonetheless create demand for park land space: and WHEREAS, employees who work in future commercial, office and industrial projects will also create demand for park land space for lunchtime activity and picnics, before and after work activities, and sports leagues and other recreational activities; and .5-3 WHEREAS, the City retained Municipal Resource Group, LLC to determine, based in part on the land use designations provided by the General Plan, the acquisition of park land that would be necessary to maintain the level of those services provided to the community and to fund new development's share of the costs of acquiring and constructing the park land acreage necessary to maintain the existing ratio of park Land acreage to Petaluma's service population; and WHEREAS, Municipal Resource Group, LLC prepared the "City of Petaluma Mitigation Fee Act Nexus Report & Quimby Act In -Lieu Fee Report" ("Report"), dated August 14, 2012 ("Report"), a copy of which is on file in the Office of the City Clerk and hereby made a part of this Resolution by reference. The Report, in Chapter VI and Appendix R, outlines the cost of park land necessary to maintain the current levels of park land provided to the community and thereby meet the demands of new residents for such park land through build out under the General Plan. The Report estimates the cost in current dollars of acquiring the amount of suitable park land to meet the General Plan standard, and calculates the fees necessary to raise the revenue necessary to pay for that cost attributable to new development; and WHEREAS, the Report. the General Plan and the General Plan EIR describe the impacts of contemplated future development on existing public facilities in the City of Petaluma related to maintaining the General Plan park land standard and analyze the need for new park land acquisition required by future development within the City of Petaluma, described above and in Chapter VI and Appendix R of the Report (hereafter the "Facilities"); and WHEREAS, the Report estimates the cost in current dollars of the required additional park land, assigns those costs attributable to new development, and calculates the fees necessary to raise the revenue necessary to pay for the park land acquisition costs attributable to new development; and WHEREAS, the Report demonstrates the appropriateness of adopting a fee based on current estimates of the need for and cost of acquiring park land needed to accommodate new development including (1) an estimate of the increase in the City's service population by the year 2025, the planning horizon of the General Plan, (2) the amount of park acreage that will need to be developed to meet the General Plan standard; and (3) the cost of acquiring and developing the park land identified as necessary to meet the demands of the estimated increases in the City's service population by 2025; and WHEREAS, the Park Land Acquisition Fee is not a "tax" as defined in Section 1, paragraph (e) of Article XIIIC of the California Constitution ("Proposition 26") because such fee is imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable cost to the City of providing the service or product; and/or the fee is imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not .5-4 exceed the reasonable cost to the City of providing the service or product; and/or the fee is imposed for the reasonable regulatory costs to the City of issuing licenses and permits, performing investigations, inspections and audits, enforcing agricultural marketing orders and the administrative enforcement and adjudication thereof; and/or the fee is imposed as a condition of property development: and WHEREAS, the Park Land Acquisition Fee adopted by this Resolution is not subject to the requirements of Article XIIID of the California Constitution ("Proposition 218") concerning property related assessments and fees pursuant to Aparlmeni .Association of Loc Angeles Couniy v. Cily of Los Anh,,eles (2001) 24 CalAt" 830, in that such fee is not applicable to incidents of property ownership, but rather to actual use of and need for City services and/or facilities; and WHEREAS, in accordance with Government Code Section 50076, fees and charges that do not exceed the reasonable cost of providing the service or regulatory activity for which the fees are charged and which are not levied for general revenue purposes are not special taxes as defined in Article 3.5 of the Government Code; and WHEREAS, in accordance with Government Code Section 66016, at least fourteen (14) days' prior to the public meeting at which this Resolution was adopted, notice of the time and place of the meeting was mailed to eligible interested parties who filed written requests with the City for mailed notice of meetings on new or increased fees or service charges; and WHEREAS, in accordance with Government Code Section 66016, the Report was available for public inspection, review, and comment for ten (10) days prior to the public meeting at which the City Council considered the adoption of the Fee; and WHEREAS, ten (10) days advance notice of the public meeting at which the City Council considered the Report and adoption of the Fee was given by publication in accordance with Government Code Section 6062a: and WHEREAS, on August 27, 2012, the City Council introduced Ordinance No , which adds new Title 19, entitled "Development Fees," to the Petaluma Municipal Code ("Code") and amends, repeals and/or recodifies various provisions authorizing the City's development -related fees, including the City Facilities Development Impact Fee, Park Land Development Impact Fee, Open Space Land Acquisition Fee, Park Land Acquisition Fee (Non -Quimby Act), Park Land Acquisition Fee (Quimby Act), and Traffic Development Impact Fee. 5_5 FINDINGS, WHEREAS, the City Council finds as follows: A. After considering Chapter VI and Appendix R of the Report, the testimony received at the noticed public meeting at which this resolution was adopted, the accompanying staff report, the General Plan, the General Plan EIR, and all correspondence received at or prior to the public meeting (the "Record"), the Council approves and adopts the Report; and the City Council further finds that the future development in the City of Petaluma will generate the need for the Facilities, and the Facilities are consistent with the City's General Plan. B. The City currently provides park land to Petaluma residents and employees at the ratio of five acres of park land per 1,000 population, and the fee set forth in this resolution will be used to maintain current service levels. As such, the Park Land Acquisition Fee as it relates to development within the City is not a "project' within the meaning of CEQA (Pub.Res. Code §21080(b)(8)(D)). C. In adopting the Fee, the Council is exercising its powers under Article XL §§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 19.12 of the Petaluma Municipal Code, collectively and separately. D. The Record establishes: 1. In accordance with Section 66000, subdivision a, paragraph 1 of the Mitigation Fee Act, the purpose of the Park Land Acquisition Fee (Non -Quimby Act) (the "Fee"), set forth in this resolution, as specified in Chapter V of the Report, is to provide funding .to achieve the City's goal of maintaining existing service levels and to provide adequate park land for Petaluma residents and employees as established in the General Plan. Existing standards for park land have been identified which have been used as the basis to maintain these standards for future development and to mitigate the impacts caused by future development in the City. 2. In accordance with Section 66000, subdivision a, paragraph 2 of the Mitigation Fee Act, the Fee collected pursuant to this resolution shall be used to purchase park land as described in the Report and the General Plan ("the Facilities"). The Facilities, which are specifically described in Chapter VII and Appendix T of the Report, include the following: e Acquisition of 103 acres of park land. 3. In accordance with section 66000, subdivision a, paragraph 3 of the Mitigation Fee Act, there is a reasonable relationship between the Fee's use (to pay for the 5 410 acquisition of the Facilities) -and the type of development for which the Fee is charged in that the fee will be applied all development in the City including residential, commercial, office, and industrial development projects, which will generate new demands for park land amenities. The park land acquired with the proceeds of the Fee will address and mitigate the additional impacts and demands created by residential and non-residential development projects. 4. In accordance with Section 66000, subdivision a, paragraph 4, there is a reasonable relationship between the need for the Facilities and the types of development projects on which the Fee is imposed in that the Fee will be applied to new development in the City of Petaluma—both residential and non-residential. These development projects will generate new residents and employees who live, work, and/or shop in Petaluma and who generate or contribute to the demand for park land. because the new residents and employees will benefit from park land acquired and the same standard of park land will be provided to new residents and employees as to existing residents and employees. 5. In accordance with Section 66000. subdivision b of the Mitigation Fee Act, there is a reasonable relationship between the amount of the Fee and the cost of the Facilities, or the portion thereof attributable to the development in the City on which the Fee is imposed in that the. Fee has been calculated by apportioning the cost of acquiring new park land to each type of new residential unit, and to the "resident equivalent' of each employee generated by commercial, office and industrial development projects. The full cost of the Facilities has been allocated to the Fee because the entire cost will be incurred to provide the same standard of park land to future residents and employees as is provided to existing residents and employees. 6. The cost estimates set forth in the Report are reasonable estimates for acquiring the Facilities, and the Fees expected to be generated by future development will not exceed the projected cost of acquiring the Facilities. 7. The method of allocation of the Fee to a particular development bears a fair relationship and is roughly proportional to each development's burden on and benefits from the Facilities to be funded by the Fee, in that the Fee is calculated based on the number of residents or employees each particular development will generate. 8. The Report is a detailed analysis of how public services will be affected by development in the City and the public facilities required to accommodate that development. 9. The Fee is consistent with the General Plan and, pursuant to Government Code Section 65913.2; the City Council 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. 0. The Fee amounts set forth in Exhibit A include the reasonable costs of administration and compliance of the Fee program with the requirements of the 5-T Mitigation Fee Act and other applicable law. The Fee program and administration cost is calculated to be approximately 2% of the total Fee as indicated in Chapter VII of the Report. ADOPTION OF FEE NOW, THEREFORE, BE IT RESOLVED, 1. Definitions. a. "Accessory Dwelling"' shall mean a second unit which meets the standards set forth in Section 7.030 of Chapter 7, "Standards for Specific Land Uses" of the City of Petaluma Implementing Zoning Ordinance ("IZO"), as modified by any subsequent amendment or successor zoning ordinance and/or development code provision adopted by the City which defines Accessory Dwelling, second unit or second dwelling unit." b. "Commercial' shall mean any development constructed or to be constructed on land having a General Plan 2025 land use or zoning designation, as established in the Implementing Zoning Ordinance, No. 2300 N.C.S., or any successor ordinance, for facilities for the purchase and sale of commodities and services and the sales, servicing, installation, and repair of such commodities and services and other uses incidental to these activities. Commercial land uses include but are not limited to: apparel and clothing stores; auto dealers and malls; auto accessories stores; banks and savings and loans; beauty salons; book stores; discount stores and centers; dry cleaners; drug stores; eating and drinking establishments: furniture stores and outlets; general merchandise stores: hardware stores; home furnishings and improvement centers: Laundromats; liquor stores: service stations; shopping centers; supermarkets; bicycle shops; cameras and photographic supply stores; convenience stores; department stores; drug stores and pharmacies; jewelry stores; luggage and leather goods stores; sporting goods and equipment stores: stationery stores; collectible stores; second hand goods stores; religious goods stores: hobby materials stores: small wares stores: plant sales: bowling alleys; coin-operated amusement arcades; dance halls, clubs and ballrooms; electronic game arcades; ice skating and roller skating establishments; pool and billiard rooms; amusement and theme parks; go-cart tracks; golf driving ranges; miniature golf courses; water slides; banks and trust companies: credit agencies; holding companies; lending and thrift institutions; securities/commodity contract brokers and dealers; fueling stations and gas stations; security and commodity exchanges; vehicle finance leasing agencies; restaurants, cafes and coffee shops; and`movie theatres and civic theatres. M C. "Developed" and "Development' shall mean the construction or alteration of or addition to, other than by the City, of any building or structure within the City of Petaluma. d. "Facilities shall include those municipal public facilities as are described in the Report related to providing general improvements to community and neighborhood park lands. "Facilities' shall also include comparable alternative facilities should later changes in projections of development in the region necessitate construction of such alternative facilities; provided that the City Council later detenuines (1) that there is a reasonable relationship between development within the City of Petaluma and the need for the alternative facilities; (2) that the alternative facilities are comparable to the facilities in the Report; and (3) that the revenue from the Fee will be used only to pay new development's fair and proportionate share of the alternative facilities. e. "Industrial" shall mean any development constructed or to be constructed on land having a General Plan 2025 land use or zoning designation as established in the Implementing Zoning Code, Ordinance No. 2300 N.C.S'.. or any successor ordinance, for the manufacture. production, assembly, and processing of consumer goods, uses incidental to those activities, and research, development and warehousing. Industrial land uses include, but are not limited to: assembly; contractor's storage yards: fabrication; lumber yards; manufacturing; outdoor stockyards and service yards; printing; processing: warehouses and distribution centers; wholesale and heavy commercial enterprises: clothing, fabric and other product manufacturing; electronics, equipment, and appliance manufacturing; metal products fabrication, machine and welding shops: paper product manufacturing; food and beverage product manufacturing; small-scale manufacturing; lumber and wood product manufacturing; machinery manufacturing; motor vehicle and transportation equipment manufacturing; stone and cut stone product manufacturing; structured clay and pottery product manufacturing; processing of building materials, chemicals, fabricated metals, paper products, machinery, textiles, and/or equipment; and collection, sorting and processing enterprises. f "Mixed Development" shall mean a development that includes more than one of the types of development defined in this Section 1. Mixed developments may combine residential types of development (Single Family and Multifamily), non-residential types of development (Commercial, Industrial, and Office), or a combination of residential and non-residential types of development. g. "Multifamily Residential" shall mean any residential Development that does not qualify as detached single family dwelling unit Development as defined in the California Building Standards Code, as adopted by the City. h. "Office shall mean any development constructed or to be constructed on land having a General Plan 2025 land use or zoning designation, as established in the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S., or any successor ordinance, for general business offices, medical and professional offices, administrative or headquarters offices for large wholesaling or manufacturing operations, and other uses incidental to these activities. Office land uses include but are not limited to: administrative headquarters; business parks; ,finance offices; insurance offices; legal offices; medical and health services offices: office buildings; professional and administrative offices; professional associations; real estate offices; and travel agencies. i. "Single Family Residential' shall mean detached, single-family dwelling unit development as defined in the California Builders Standards Code, as adopted by the City. 2. Park Land Acuuisition Fee (Non-Ouimbv Act Development Proiects) Imposed. Pursuant to the Mitigation Fee Act and Chapter 19.12 of the City of Petaluma Municipal Code, a Park Land Acquisition Fee (Non -Quimby Act Development Projects) shall be imposed and paid at the times and in the amounts and otherwise apply and be administered as prescribed in this Resolution on each type of development set forth in Exhibit A, which is attached to hereto and made a part of this Resolution, including each portion of such Development within Mixed Development. 3. Time for Imposing Fee. In accordance with Government Code Section 65961, the Fee for residential subdivision development for which tentative or parcel maps are required pursuant to the Subdivision Map Act (Government Code Section 66410 et seq.) shall be imposed at the time of approval of the conditions thatapplyto the tentative or parcel map for such residential subdivision development, as applicable. Payment of the Fee shall be deemed to be a condition of all such tentative or parcel maps. Notwithstanding this Section 3, the time for payment of the Fee for all development, including Single Family Residential and Multiple Family Residential subdivisions, shall be as specified in Section 4, below. 4. Time for Fee Pavment. a. In accordance with Government Code Section 66007, the Fee shall be charged and paid for each residential development upon the date of final inspection or issuance of the certificate of occupancy for such residential development, whichever is earlier; 5 -lm however, if the Fee is to reimburse the City for expenditures previously made, or if the City determines that the Fee will be collected for Facilities for which an account has been established and funds appropriated and for which the City has adopted a proposed construction schedule prior to issuance of the building permit for such residential development, then the Fee shall be charged and paid upon issuance of the building permit for such residential development. However, with respect to a residential development proposed by a nonprofit housing developer in which at least forty-nine percent (49%) of the total units are reserved for occupancy by lower income households, as defined in Health and Safety Code Section 50079.5, at an affordable rent, as defined in Health and Safetv Code Section 50053, the payment procedures described in Government Code Section 66007(b)(2)(A)-(B) shall apply. b. The Fee shall be charged and paid for each non-residential Development upon issuance of the building permit for such non-residential Development. C. The Fee shall be charged and paid for each Mixed Development upon the times specified in this Section 4 that apply to such Mixed Development. For example, if a Mixed Development includes residential Developmentand non-residential Development, and the Fee is to reimburse the City for expenditures previously made, or the City has made the required determination to permit requiring payment of the Fee upon issuance of the building permit, and the procedures in Government Code section 66007(b)(2)(A)-(B) do not apply, the Fee as applicable to the entire mixed development shall be paid upon issuance of the building permit for the Mixed Development. If a Mixed Development includes residentialand non-residential development, and the Fee is not to reimburse the City for expenditures previously made or the City has not made the required determination to permit requiring payment of the Fee upon issuance of the building permit, the Fee as to the residential portion of the mixed development shall be paid upon the earlier of the date of final inspection or issuance of the certificate of occupancy for such residential portion, and the Fee as to the non-residential portion of the Mixed Development shall be paid upon issuance of the building permit. for such non-residential portion. 5. Amount of Fee. a. The amount of the Fee for residential and non-residential development shall be as set forth in Exhibit A. b. The amount of the Fee for Mixed Development shall be the sum of the following, as applicable: 5 -ll I . The applicable amount per unit pursuant to Section 5(a), above, for each residential development within a MixedDevelopment. 2. The applicable amount per 1,000 square feet of Development pursuant to Section 5(a), above, for each nonresidential Development or portion of such Development within a Mixed Development. C. Any non-residential development on property on which a building or structure was demolished or on which the use of an existing structure changes to a more intensive use shall pay a prorated fee equal to the fee calculated pursuant to this resolution that is applicable to the new development or use, less the fee applicable to the prior development or use, so long as such prior use was in existence at the time of adoption of General Plan 2025. 6. Designation of Developments. Nonresidential developments, other than Mixed Developments (but including non-residential developments within Mixed Developments) that are not within the definition of a use defined in this resolution shall be assigned to one of the defined use categories by the City Manager for purposes of imposition and charging of the Fee. The City Manager shall assign such categories as consistently as possible within the definitions of such categories established pursuant to this resolution or as later amended by the City Council. The City Manager may also designate Development as Multifamily or Single -Family based on the actual number of dwelling units per structure within the development. 7. Inapplicability of Fee. The Fee shall not apply to: a. Any alteration or addition to a residential structure, except to the extent that a residential unit is added to a single family residential unit or another unit is added to an existing multi -family residential unit; b. Any replacement or reconstruction of an existing residential structure that has been destroyed or demolished, if the building permit for reconstruction is obtained within one year atter the building was destroyed or, demolished. This subsection shall not apply if the replacement or reconstruction increases the square footage of the structure by 50 percent (50%) or more. C. Any replacement or reconstruction of an existing non-residential structure that has been destroyed or demolished, if the building permit for reconstruction is obtained within one year after the building was destroyed or demolished, there is no change in the land use designation of the property, and the square footage of the replacement building does not exceed the square footage of the building that was destroyed or demolished. 5-12 d. Any addition to an existing non-residential structure of 500 square feet or less. e. Any public or quasi -public development on lands designated Public/Semi- Public or Education on the General Plan Land Use Map, so long as such development is intended to serve development in the City and does not itself generate a need for additional public infrastructure needed to serve new development, as in the way new residential development generates new residents requiring City services, and new non-residential development generates new employees in the City using City services. . f Low and/or moderate income senior citizens housing projects owned and developed by a charitable, nonprofit organization recognized as such by the United States Internal Revenue Service and the State of California Franchise Tax Board. g. The City Council, in its discretion, may determine that the Fee is inapplicable to certaindevelopmentconstructed or to be constructed by a public entity on land having an appropriate General Plan land use designation provide that the City Council finds that such inapplicability is in the interest of the public health, safety and/or welfare, for reasons specified in the findings. Such reasons may include, but are not limited to, that the Fee as it would apply to such development by a public entitywill be sufficiently recovered in whole or in part from residential development, the residents of which may constitute the primary users of the public entity development. 8. Use of Fee Revenue. The revenues raised by payment of the Fee shall be placed in a separate, interest bearing account to permit accounting for such revenues and the interest that they generate. Such revenues and interest shall be used only for the Facilities and the purposes for which the Fee was collected, which are the following: a. To pay for design, engineering, right-of-way or land acquisition and construction and/or acquisition of the Facilities and reasonable costs of outside consultant studies related thereto; b. To reimburse the City for the Facilities constructed by the City with funds from other sources including funds from other public entities, unless the City funds were obtained from grants or gifts intended by the grantor to be used for the Facilities. 5_3 C. To reimburse developers who have designed and.constructed any of the Facilities with prior City approval and have entered info an agreement, as provided in Section 9, below; and d. To pay for and/or reimburse costs of program development and ongoing administration and maintenance of the Fee program, including, but not limited to, the cost of studies, legal costs, and other costs of updating the Fee. 9. Credits and Reimbursement for Developer Constructed or Acquired Facilities. The City and a developer may enter into an improvement agreement to allow the developer to construct certain of the Facilities: Entering such an agreement is in the City's sole discretion. Such agreement shall provide for security for the developer's commitment to construct the Facilities and shall refer to this resolution for credit and reimbursement. If the City enters into such an agreement with a developer prior to construction of one or more of the Facilities, the City shall provide the developer a credit in accordance with the following: a. Credit Amount. The credit shall be in the amount of the lowest bid received for construction of the facility, as approved by the City Engineer. However, in no event shall a credit pursuant to this provision exceed the current facility cost. For the purposes of this section, such current facility cost shall be the amount listed in the Report for the particular facility, as subsequently adjusted pursuant to Sections 13 and 14 of this Resolution prior to issuance of the building permit for that facility. Once issued, credit pursuant to this section shall not be adjusted for inflation or any other factor. Credit provided pursuant to this section is not transferable. b. Application of Credit. Developers may apply credit given pursuant to this section against the Fee applicable to a particular project until the credit is exhausted or an excess credit results. The total credit shall be divided by the number of units or square footage of building space (or combination thereof for a Mixed Use Development) to determine the amount of credit which can be applied against the Fee for each unit of measurement and, if the credit per unit of measure is less than the Fee per unit of measurement, the developer shall pay the difference for each residential unit or square footage of building space. C. Reimbursement for Excess Credit. Reimbursement for excess credit shall only be from remaining unspent Fee revenues. Once all the Facilities have been constructed or acquired, and to the extent Fee revenues are sufficient to cover all claims for reimbursement of Fee revenues, including reimbursement for excess credit, developers with excess credit shall be entitled to reimbursement, subject to such developers certifying in writing to the City that the cost of constructing the facility that resulted in an excess credit was not passed on to homeowners, and indemnifying the City from land -owner claims for reimbursement 5-Iq; under the Mitigation Fee Act, and Section 66001 in'particular. If remaining Fee revenues after all of the Facilities have been constructed or acquired are insufficient to cover all claims for reimbursement of Fee revenues, such claims, including claims for reimbursement of excess credit, shall be reimbursed on a pro rata basis in accordance with applicable law. 10. Standards. The standards upon which the need for the Facilities is based are the standards of the City, including the standards contained in the General Plan and its EIR and those City standards reflected in the Report. 11. Periodic Review. a. During each fiscal year, the City Manager shall prepare a report for the City Council, pursuant to Government Code Section 66006, identifying the balance of Fee revenues in the Fee account. b. Pursuant to Government Code Section 66002, the City Council shall also review, as part of any adopted City Capital Improvement Plan each year, the approximate location, size, time of availability and estimates of cost for all Facilities to be financed with the Fee. The estimated costs shall be adjusted in accordance with appropriate indices of inflation. The City Council shall make findings identifying the purpose to which the existing Fee revenue balances are to be put and demonstrating a reasonable relationship between the Fee and the purpose for whichit is charged. 12. Subseauent Analvsis and Revision of the Fee. The Fee set forth herein is adopted and implemented by the City Council in reliance on the Record identified above. The City will continue to conduct further study and analysis to determine whether the Fee should be -revised. When additional information is available, the City Council may review the Fee to determine that the Fee amounts remain reasonably related to the impacts of development within the City of Petaluma and areas included in the City's General Plan. The City Council may revise the Fee to incorporate findings and conclusions of further studies and any standards in General Plan and/or the General Plan EIR, as well as increases due to inflation and increased construction costs. 13. Fee Adiustments. a. Annual CPI Adjustments. The Fee established will escalate or decrease annually by the same percentage the latest "Engineering News Record Construction Cost Index - 20 City Average" ("Index") annually escalates or decreases. The adjustment shall be based on a comparison of the most recent Index to the Index. in the month of adoption of the Fee, or the Index used for the prior adjustment of the Fee. The Finance Director shall 5-15 compute the increase of decrease in such Fee. The.first adjustment will take effect on the second July 1 st following the adoption of this resolution and each subsequent July 1 st. b. Refund Applications Based on 2008 Development Fees Paid. Current owners of development that paid development fees pursuant to Resolution No. 2008-092 N.C.S. may apply for a refund. of the difference, if any, between the total development fees that owner paid pursuant to said resolution ("prior fee"), and the resolution(s) that superseded the resolution listed in this provision ("current fee"), if the total amount of prior fees paid exceeds the total amount of current fees applicable to that development, subject to the following: 1. To be eligible for a refund, current development owners must certifying in writing to the City that the owner has not recovered or is not recovering from third parties such as tenants or others the amount of the prior fees paid or the amount by which the prior fees exceed the current fees. 2. Any refunds pursuant to this provision shall only be paid from existing, un - obligated, unspent Fee revenue balances. The City will have no obligation to pay refunds to any owner absent sufficient existing, un -obligated, unspent Fee revenue balance available for that purpose. 3. If existing, un -obligated, unspent Fee revenue balances are insufficient to cover eligible applications for refund, such eligible applications shall be paid refunds a pro rata basis in accordance with applicable law. 15. Administrative Guidelines. The Council may, by resolution, adopt administrative guidelines to provide procedures for calculation, credit, reimbursement, or deferred payment and other administrative aspects of the Fee. Such guidelines may include procedures for construction of designated Facilities by developers. 15. Effective Date. This resolution and the Fee imposed pursuant to Section 2 shall become effective on the effective date of Ordinance No. N.C.S. 16. Severabilitv. Each component of the Fee and all portions of this Resolution are severable. Should any individual component of the Fee or other provision of this Resolution be adjudged to be invalid and unenforceable, the remaining component or provisions shall be and continue to be fully effective, and the Fee shall be fully effective except as to that component that has been judged to be invalid. 5-I(v 17. Supersession/Repeal/Savings. All resolutions and parts thereof in conflict with the provisions of this Resolution are superseded and repealed, effective on the effective date of the Fee imposed pursuant to Section 2. However, violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective date of this Resolution, under any chapter, ordinance, or part of an ordinance, or resolution or part of a resolution, shall be deemed to remain in full force for the purpose of sustaining any proper suit, action, or other proceedings, with respect to any such violation, right, liability or appeal.. EXHIBIT A PARK LAND ACQUISITION FEE (NON-QUIMBY ACT DEVELOPMENT PROJECTS) Land; Use T'Fee Amount Single Family Residential $1,616 Multi -Family Residential $1,093 Accessory Dwelling $554 Commercial $306 Office $293 Industrial $186 Unit 6f.Measureiuent Unit Unit Unit 1,000 square feet of building space 1,000 square feet of building space 1,000 square feet of building space 5-b Attachment 6 RESOLUTION UPDATING THE TRAFFIC- DEVELOPMENT IMPACT FEE FOR FUTURE DEVELOPMENT WITHIN THE CITY OF PETALUMA AND SUPERSEDING SUCH FEE UPDATED BY RESOLUTION NO. 2008-095 N.C.S., ADOPTED MAY 19, 2008 RECITALS WHEREAS, the City of Petaluma General Plan 2025 ("General Plan") outlines future land uses within the City of Petaluma ("City") and applies to a planning area which includes the City and land outside the City in unincorporated Sonoma County which must also be considered to properly plan for the City's future; and WHEREAS, the General Plan of the City was adopted by the Petaluma City Council ("City Council") on May 19, 2008; and WHEREAS, an Environmental hnpact Report ("EIR") was prepared for the General Plan (State Clearinghouse #2004082065) pursuant to the California Environmental Quality Act ("CEQA") and certified by the City Council on April 7, 2008 by Resolution No. 2008-058 N.C.S.; and WHEREAS, the General Plan area is shown on the land use maps contained in the General Plan; and WHEREAS, the City Council last updated the Traffic Development Impact Fee by Resolution No. 2008-095 N.C.S., adopted May 19, 2008; and WHEREAS, the General Plan designates a defined land use for all property within the City and, based on those uses, calculates the expected number of residents, residential units, employees, and square footage of nonresidential development that will result when all property in the City is developed as anticipated in the General Plan 2025; and WHEREAS, the General Plan incorporates policies and programs to mitigate the impacts of such anticipatednew development, including policies that require new development to pay for its proportional fair share of the costs of acquiring and improving public facilities necessary to meet the demands of residents, employees, customers, and businesses; and WHEREAS, the General Plan and its FIR analyze the impacts of development under the General Plan and proposed mitigation measures, including the creation of fee programs to require' new development to pay for its proportional lair share of the cost of acquiring and improving public facilities necessary to meet the demands of new residents, employees, customers, and businesses for such facilities; and WHEREAS, Goal 1-G-6 of Chapter 1 of the General Plan provides that the City should "Maintain a residential growth management system to ensure public infrastructure keeps pace with growth;" and WHEREAS, Policy 1-P-47 of Goal 1-G-6 of Chapter 1 of the General Plan provides that the City should "Ensure that all new development,provides necessary public facilities to support the development," and includes program A which provides that the City should: "Collect proportionate fair share of long-term infrastructure improvement costs as entitlements are granted" and program B: "Initiate design of long term infrastructure improvements in a timely marmer to ensure their completeness coincide with demand;" and WHEREAS, the General Plan includes, among others, the following principles, goals, policies and/or implementation programs regarding providing and financing the cost of traffic improvements required to accommodate new development in the City: "ensure infrastructure is strengthened and maintained" (Guiding Principle No. 12, p. i-8); "ensure the identified mobility system is provided in a timely manner to meet the needs of the community by updating the City's transportation impact fee program to insure that necessary citywide improvements are funded" (Policy 5-P-2, Goal 5-G-1: Mobility Framework, p. 5-9 ); "ensure public improvements are constructed and maintained in a manner that is economically feasible to the budgetary constraints of the City" (Policy 5-P-3,,Goal 5-G-1: Mobility Framework, p. 5-9); and WHEREAS, the City retained Fehr & Peers Transportation Consultants (hereafter "Fehr & Peers")to determine, based -in part on the land use designations provided by the General Plan, what roadway improvements would be necessary to maintain the community's level of service, as set forth in the General Plan and also discussed in the EIR, and to prepare proposed updates to the Fee to fund new development's share of those improvements; and WHEREAS, a study of the impacts of anticipated future development on existing traffic facilities in the City, and an analysis of the need for such new facilities required by future development was prepared by Fehr & Peers, dated August 15, 2012, entitled "traffic Mitigation Fee Program Update" (`Report"), a copy of which is on file in the Office of the City Clerk, and is hereby incorporated by reference; and WHEREAS, the;Report, the General Plan and the General Plan EIR list the street extensions; interchange and intersection improvements, traffic signal upgrades, and improvements to bicycle, pedestrian and transit facilities necessary to maintain the community's level of service and thereby meet the transportation demands of new residents, businesses, employees, customers, and other users of local streets and transportation facilities through build out under the General Plan; and WHEREAS, the Report, the General Plan and'the General Plan EIR describe the impacts of contemplated future development on existing transportation facilities in the City of Petaluma and analyze the need for the new transportation facilities required by future development within the City of Petaluma, as described herein and in the Report (hereafter the "Facilities"); and (0-2 WHEREAS, the Report sets forth the relationship between contemplated future development, the Facilities, and the estimated cost of the Facilities; and WHEREAS, the Report estimates the cost in current dollars of those improvements, assigns the portion of those costs attributable to new development, and calculates the fees necessary to raise the revenue necessary to pay for the portion of the improvement costs attributable to new development; and WHEREAS, the Report identifies a component of the cost of the Old Redwood Highway/U.S. 101 Interchange Project and the Rainier Avenue/U.S. 101 Interchange Project to which funds of the former Petaluma Community Development Commission ("PCDC") have been committed in accordance with the Community Redevelopment Law and through cooperative agreements with the Sonoma County Transportation Authority and CalTrans, the binding nature of which commitments has been disputed by the State Department of Finance pursuant to ABX 1 26 as of the time of adoption of this Resolution; and WHEREAS, the Report identities the disputed funds as a "Redevelopment Supplement' of $18.8 million dollars that the Report includes in the cost of the Traffic Impact Fee program so that Traffic Fee proceeds are sufficient to fund the Old Redwood Flighway and Rainier Avenue interchange improvements in case the City is ultimately unsuccessful in obtaining confirmation from the State Department, of Finance or the courts that the disputed funds are in fact legally binding obligations of the City as successor agency to the former PCDC; and WHEREAS, the Report demonstrates the appropriateness of updating the Fee based on current estimates of the need for and cost of transportation improvements needed to accommodate new development, including (1) an .analysis of existing roadways, transportation facilities and land available for such facilities; (2) an estimate of the increase in the City's service population at build out; and (3) the cost of providing the transportation improvements identified as necessary to meet the demands of the estimated increase in the City's service population at build out; and WHEREAS, "Che Traffic Development Impact Fee is not a "tax" as defined in Section 1, paragraph (e) of Article XIIIC of the California Constitution ("Proposition 26") because such fee is imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable cost to the City of providing the service or product; and/or the fee is imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable cost to the City of providing the service or product; and/or the fee is imposed for the reasonable regulatory costs to the City of issuing licenses and permits, performing investigations, inspections and audits, enforcing agricultural marketing orders and the administrative enforcement and adjudication thereof; and/or the fee is imposed as a condition of property development; and ._±) WHEREAS, the Traffic Development Impact Fee adopted by this Resolution is not subject to the requirements of Article XII ID of the California Constitution ("Proposition 218") concerning property related assessments and fees pursuant to Aparitnenl Associnlion of Los Angeles County v. Ugly of Los Angeles (2001) 24 Cal.0 830, in that such fee is not applicable to incidents of property ownership, but rather to actual use of and need for City services and/or facilities; and WHEREAS, in accordance with Government Code Section 50076, fees and charges that do not exceed the reasonable cost of providing the service or regulatory activity for which the fees are charged and which are not levied for general revenue purposes are not special taxes as defined in Article 3.5 of the Government Code; and WHEREAS, in accordance Government Code section 66016, at least 14 days prior to the public meeting at which the City Council first considered the adoption of the Fee. notice of the time and place of the meeting was mailed to eligible interested parties who tiled timely written requests with the City for mailed notice of meetings on new, or increased fees or service charges; and WHEREAS, in accordance with Government Code Section 66016, the Report was available for public inspection, review, and comment for ten (10) days prior to the public meeting at which the City Council considered the adoption of the Fee; and WHEREAS, ten (10) days advance notice of the public meeting at which the City Council considered the Report and adoption of the Fee was given by publication in accordance with Government Code Section 6062a; and WHEREAS, on August 27, 2012, the City Council introduced Ordinance No. N.C.S, which adds a new Title 19, entitled "Development Fees," to the Petaluma Municipal Code and amends, repeals and/or recodifies various provisions authorizing the City's development -related fees, including the City Facilities Development Impact Fee, Open Space Land Acquisition Fee, Park Land Acquisition Fee (Non -Quimby Act), Park Land Acquisition Fee (Quimby Act). Traffic Development Impact Fee, Water and Wastewater Capacity Fees and the Commercial Development Housing Linkage Fee. FINDINGS WHEREAS, the City Council finds as follows: A. After considering the Report, the testimony received at the noticed public meeting at which this resolution was adopted, the accompanying staff report, the General Plan, the General Plan EIR, and all correspondence received at or prior to the public meeting (the "Record"), the Council approves and adopts the Report: and the City Council further finds that the future development in the City of Petaluma will generate the need for the Facilities, as defined below, and the Facilities are consistent with the Citv's,General Plan. (o-4 B. The City currently provides facilities to the community and the fee set forth in this resolution will be used to maintain current service levels. As such, the 'traffic Development Impact Fee as it relates to development within the City is not a "project" within the meaning of CEQA (Pub.Res. Code §21080(b)(8)(D)). C. In adopting the Traffic Development Impact Fee, the City Council is exercising its powers under Article XI, §§5 and 7 of the California Constitution, Chapter 5 of Division I of the Government Code ("Mitigation Fee Act"), commencing with Section 66000, Section 54 of the City of Petaluma Charter, and Chapter 19.24 of the Petaluma Municipal Code, collectively and separately. D. The Record establishes: 1. In accordance with Section 66000, subdivision a, paragraph 1 of the Mitigation Fee Act, the purpose of the City Traffic Impact Fee ("Fee"), set forth in this resolution, as specified in the Report, is to provide funding to achieve the City's goal of maintaining existing traffic service levels and provide traffic facilities to mitigate the traffic impacts of new development within the City, consistent with the land use and transportation polices of the General Plan by developing an overall transportation system that will accommodate the City's expected future traffic demand. 2. In accordance with Section 66000, subdivision a, paragraph 2 of the Mitigation Fee Act, the Fee collected pursuant to this resolution shall be used to help fund circulation improvement projects necessary to accommodate future traffic demand in Petaluma as described in the Report, the General Plan and the City's budget for capital improvements. Such traffic Facilities, which are specifically described in the Report and listed in Table 3-3 of the Report, include the following: • Rainier Avenue Extension and interchange (locally preferred alternative) • Caulfield Lane Extension • Old Redwood Flighway Interchange Improvements • Caulfield Lane/Payran Street Intersection Improvements • Petaluma Boulevard/Magnolia Avenue/Payran Street Intersection • Construction of New Intersections throughout the City • Traffic Signal Upgrades throughout the City • Pedestrian/Bicycle Improvements throughout the City • Transit Improvements throughout the City • Redevelopment Supplement 3. In accordance with section 66000, subdivision a, paragraph 3 of the Mitigation Fee Act, there is a reasonable relationship between the Fee's use (to pay for the construction of the Facilities) and the type of development for which the Fee is charged in that the fee will be applied all development in the City — including residential, commercial, office, and industrial development projects, 'which will generate new demands for traffic facilities. As described in the Report, different types of development generate traffic with different characteristics. The calculations presented in tables 3-7 and 3-8 of the Report account for these different characteristics by applying different per- unit tee factors to each type of development: These considerations account for the differential impacts on the local transportation system generated by different development types. 4. In accordance with Section 66000, subdivision a, paragraph 4, of the Mitigation Fee Act, there is a reasonable relationship between the need for the Facilities and the types of development projects on which the Fee is imposed in that the Fee will be applied to new development in_the ,City of Petaluma both residential and non-residential. These development projects will generate new residents and employees who live, work, and/or shop in Petaluma and who generate or contribute to the need for traffic facilities as follows: • New residents and employees will add vehicle trips to transportation infrastructure, including roadways, intersections, interchanges and traffic signals. • New residents and employees will add pedestrian and bicycle trips to pedestrian and bicycle facilities. • New residents and employees will use City transit facilities and services. The need for the traffic, facilities listed in Table 3-3 of the Report has been established through the development of the EIR, as described in Chapter 3 of the Report. The Report indicates that there are no:existing deficiencies in any of the facilities to be included in the City's Traffic Development Impact Fee program, and that as a result, the program will not result in imposition of the cost of addressing currently deficient traffic facilities on new development. All of the traffic facilities costs allocated to new development under the Traffic Development Impact fee program are allocable to new development in accordance with the analysis in the report, either in their entirety, or according to the fair percentage allocable to new development as indicated in the Report. 5. In accordance with Section 66000, subdivision b of the Mitigation Fee Act, there is a reasonable relationship between the amount of the Fee and the cost of the Facilities, or the portion thereof attributable to the development in the City on which the Fee is imposed in that the Fee has been calculated by apportioning the cost of the Facilities to each type of new residential dwelling unit, and to the "dwelling unit equivalent' or DUE of each non-residential (commercial, office and industrial) use. For Facilities that are necessary solely because of future development, the full cost of the Facilities has been allocated to the Fee. For Facilities that will serve existing and future residents and employees, the costs have been allocated proportionally. The analysis presented in the Report accounts for existing deficiencies in the local transportation system and does not include the cost of rectifying deficiencies in the fee program. The costs attributable to (P -U traffic demand generated outside the City of Petaluma are similarly excluded from the program. 'Thus, the City's Traffic Development Impact Fee program allocates to new development only the cost: of public improvements attributable to new development within Petaluma. Tables 3-9, 3-10 and 3-11 in the Report provide detailed information on these calculations 6. The cost estimates set forth in the Report are reasonable estimates for constructing or acquiring the Facilities, and the Fees expected to be generated by future development will not exceed the projected cost of constructing and/or acquiring the Facilities. 7. The method of allocation of the Fee to a particular development bears a fair relationship and is roughly proportional to each development's burden on and benefits from the Facilities to be funded by the Fee, in that the Fee is calculated based traffic impacts each particular development will generate. 8. The Report isa detailed analysis of how traffic services will be affected by development in the City and the public facilities required to accommodate that development. 9. The Fee is consistent with the General Plan and, pursuant to Government Code Section 65913.2; the:City Council 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. 10. The Fee amounts set forth in Exhibit A include the reasonable costs of administration and compliance of the Fee program with the requirements of the Mitigation Fee Act and other applicable law. The Fee program and administration cost is calculated to be approximately .074% of the total Fee as shown in Table 3-11 and Appendix C of the Report. ADOPTION OF FEE NOW, THEREFORE, BE IT RESOLVED, Definitions. a. "Accessory Dwelling" .shall mean a second unit which meets the standards set forth in Section 7.030 of Chapter 7, "Standards for Specific Land Uses" of the City of Petaluma Implementing Zoning Ordinance ("IZO"), as modified by any subsequent amendment or successor zoning ordinance and/or development code provision adopted by the City which defines Accessory Dwelling, second unit or second dwelling unit." b. "Co nmercial/Shopping" shall mean any development constructed or to be constructed on land having a General Plan 2025 land use or zoning designation, as U --+ established in the Implementing Zoning Ordinance, No. 2300 N.C.S., or any successor Ordinance, for facilities for the purchase and sale of commodities and services and the sales, servicing, installation, and repair of such commodities, and services and other uses incidental to these activities. Commercial land uses include but are not limited to: apparel and clothing stores; auto dealers and malls; auto accessories stores; banks and savings and loans; beauty salons: book stores; discount stores and centers; dry cleaners; drug stores; eating and drinking establishments; furniture stores and outlets; general merchandise stores; hardware stores: home furnishings and improvement centers; laundromats; liquor stores; service stations: shopping centers; supermarkets: bicycle shops; cameras and photographic supply stores; convenience stores: department stores; drug stores and pharmacies: jewelry stores; luggage and leather goods stores; sporting goods and equipment stores; stationery stores; collectible stores; second hand goods stores; religious goods stores; hobby materials stores; small wares stores: plant sales; bowling alleys; coin-operated amusement arcades; dance halls, clubs and ballrooms; electronic game arcades; ice skating and roller skating establishments; pool and billiard rooms; amusement and theme parks; go-cart tracks; golf driving ranges; miniature golf courses; water slides; banks and trust companies; credit agencies; holding companies; lending and thrift institutions; securities/commodity contract brokers and dealers; fueling stations and gas stations; security and commodity exchanges: vehicle finance leasing agencies; restaurants, cafes and coffee shops; and movie theatres and civic theatres. C. "Developed" and "Development" shall mean the construction or alteration of or addition to, other than by the City, of any building or structure within the City of Petaluma. d. "Education" shall mean educational Development as defined in the Report, that may lawfully be made subject to payment of the Fee. e. "Facilities" shall include those municipal public facilities as are described in the Report related to providing general improvements,to community and neighborhood park lands. "Facilities-' shall also include comparable alternative facilities should later changes in projections of development in the region necessitate construction of such alternative facilities; provided that the'City Council later determines (1) that there is a reasonable relationship between development within the City of Petaluma and the need for the alternative facilities; (2) that the alternative facilities are comparable to the facilities in the Report; and (3) that the revenue from the Fee will be used only to pay new development's fair and proportionate share of the alternative facilities. f. "Hotel/Motel" shall mean transient occupancy Development as defined in the Report. r g. "Industrial/Warehouse' shall mean any development constructed or to be constructed on land having a General Plan 2025 land use or zoning designation as established in the Implementing Zoning Code, Ordinance No. 2300 N.C.S., or any successor ordinance, for the manufacture, production, assembly, and processing of consumer goods, uses incidental to those activities, and research, development and warehousing. Industrial land uses include, but are not limited to: assembly; contractor's storage yards: fabrication; lumber yards; manufacturing; outdoor stockyards and service yards; printing; processing: warehouses and distribution centers; wholesale and heavv commercial enterprises; clothing, fabric and other product manufacturing; electronics, equipment, and appliance manufacturing; metal products fabrication, machine and welding shops; paper product manufacturing; food and beverage product manufacturing; small-scale manufacturing; lumber and wood product manufacturing; machinery manufacturing; motor vehicle and transportation equipment manufacturing; stone and cut stone product manufacturing; structured clay and pottery product manufacturing: processing of building materials, chemicals, fabricated metals, paper products, machinery, textiles, and/or equipment; and collection, sorting and processing enterprises. h. "Institution" shall mean institutional Development as defined in the Report. i. "Mixed Development" shall mean a development that includes more than one of the types of development defined in this Section 1. Mixed developments may combine residential types of development (Single Family and Multifamily), non-residential types of development (Commercial, Industrial, and Office), or a combination of residential and non-residential types'ofdevelopment. j. "Multifamily Residential" shall mean any residential Development that does not qualify as detached single family dwelling unit Development as defined in the California Building Standards Code, as adopted by the City. k. "Office shall mean any development constructed or to be constructed on land having a General Plan 2025 land use or zoning designation, as established in the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S., or any successor ordinance, for general business offices, medical and professional offices, administrative or headquarters offices for large wholesaling or manufacturing operations, and other uses incidental to these activities. Office land uses include but are not limited to: administrative headquarters; business parks; finance offices; insurance offices; legal offices; medical and health services offices; office buildings; professional and administrative offices; professional associations; real estate offices; and travel agencies. 1. "Redevelopment Supplement' shall mean $18.8 of the cost of the Old Redwood Highway/U.S. 101 Interchange and the Rainier Avenue/U.S. 101 Interchange Projects to which funds of the former PCDC have been committed in accordance with the Community Redevelopment Law and through cooperative agreements between the City and the Sonoma County Transportation Agency and CalTrans, the binding nature of which commitments has been disputed by the State Department of Finance pursuant to ABxI-26 as of the time of adoption of this Resolution. Such disputed former PCDC funds are referred to in this Resolution and the Report (see, e.g., Tables 3-3 and 3-11 of the Report) as the Redevelopment Supplement, and have been included in the costs of the Traffic Development Impact Fee program to ensure that Fee proceeds are sufficient to fund the Old Redwood Highway and Rainier Avenue interchange improvements in case the City is ultimately unsuccessful in obtaining confirmation from the State Department of Finance or the courts that the disputed funds are in fact a legally binding obligation of the City as successor. agency to the former PCDC. in. "Senior Housing" shall mean senior housing Development as defined in the Report. n. "Single Family Residential' shall mean detached, single-family dwelling unit development as defined in the California Builders Standards Code, as adopted by the City. 3. Traffic Development Impact Fee Imposed. Pursuant to the Mitigation Fee Act and Chapter 19.24 of the City of Petaluma Municipal Code, a Traffic Development Impact Fee ("Fee") shall be imposed and paid at the times and in the amounts and otherwise apply and be administered as prescribed in this Resolution on each type of development set forth in Exhibit A, which is attached to hereto and made a part of this Resolution, including each portion of such Development within Mixed Development. 3. Time for Inmosine Fee. In accordance with Government Code Section 65961, the Fee for residential subdivision development for which tentative or parcel maps are required pursuant to the Subdivision Map Act (Government Code Section 66410 el sect.) shall be imposed at the time of approval of the conditions that apply to the tentative or parcel map for such residential subdivision development, as applicable. Payment of the Fee shall be deemed to be a condition of all such tentative or parcel maps. Notwithstanding this Section 3, the time for payment of the Fee for all development, including Single Family Residential and Multiple Family Residential subdivisions, shall be as specified in Section 4, below. MII 4. 'Time for Fee Pavment. a. In accordance with Government Code Section 66007, the Fee shall be charged .and paid for each residential development upon the date of final inspection or issuance of the certificate of occupancy for such residential development, whichever is earlier; however, if the Fee is to reimburse the City for expenditures previously made, or if the City determines that the Fee will be collected for Facilities for which an account has been established and funds appropriated and for which the City has adopted a proposed construction schedule prior to issuance of the building permit for such residential development, then the, Fee shall be charged and paid upon issuance of the building permit for such residential development. However, with respect to a residential development proposed by a nonprofit housing developer in which at least forty-nine percent (49%) of the total units are reserved for occupancy by lower income households, as defined in Health and Safety Code Section 50079.5, at an affordable rent, as defined in Health and Safety Code Section 50053, the payment procedures described in Government Code Section 66007(b)(2)(A)-fl3) shall apply., b. The Fee shall be charged and paid for each non-residential Development upon issuance of the building permit for such non-residential Development. C. The Fee shall be charged and paid for each Mixed Development upon the times specified in this Section_ 4 that apply to such Mixed Development. For example, if a Mixed Development includes residential Development and non-residential Development, and the Fee is to reimburse the City for expenditures previously made, or the City has made the required determination to permit requiring payment of the Fee upon issuance of the building permit, and the procedures in Government Code section 66007(b)(2)(A)-(B) do not apply, the Fee as applicable to the entire mixed development shall be paid upon issuance of the building permit for the Mixed Development. If a Mixed Development includes residential and non-residential development, and the Fee is not to reimburse the City for expenditures previously made or the City has not made the required determination to permit requiring payment of the Fee upon issuance of the building permit, the Fee as to the residential portion of the mixed development shall be paid upon the earlier of the date of final inspection or issuance of the certificate of occupancy for such residential portion, and the Fee as to the non-residential portion of the Mixed Development shall be -paid upon issuance of the building permit for such non-residential portion. 5. Amount of Fee. a. The amount of the Fee for residential and non-residential development shall be as set forth in Exhibit A. b. The amount of the Fee for Mixed Development shall be the sum of the following, as applicable: 1. The applicable amount per unit pursuant to Section 5(a), above, for each residential development within a Mixed Development. 2. The applicable amount per 1,000 square feet of Development pursuant to Section 5(a), above, for each nonresidential Development or portion of such Development within a Mixed Development. C. Any non-residential development on property on which a building or structure was demolished or on which the use of an existing structure changes to a more intensive use shall pay a prorated fee equal to the fee calculated pursuant to this resolution that is applicable to the new development or use, less the fee applicable to the prior development or use, so long as such prior use was in existence at the time of adoption of General Plan 2025. 6. Desienation of Develooments. Nonresidential developments, other than Mixed Developments (but including non-residential developments within Mixed Developments) that are not within the definition of a use defined in this resolution shall be assigned to one of the defined use categories by the City Manager for purposes of imposition and charging of the Fee. The City Manager shall assign such categories as consistently as possible within the definitions of such categories established pursuant to this resolution or as later amended by the City Council. The City Manager may also designate Development as Multifamily or Single -Family based on the actual number of dwelling units per structure within the development. 7. luaoolicability of Fee. The Fee shall not apply to: a. Any alteration or addition to a residential structure, except to the extent thata residential unit is added to a single family residential unit or another unit is added to an existing multi -family residential unit: b. Any replacement or reconstruction of an existing residential structure that has been destroyed or demolished, if the building permit for reconstruction is obtained within one year after the building was destroyed or demolished. This 0.IZ subsection shall not apply if the replacement or reconstruction increases the square footage of the structure by 50 percent (50%) or_more. C. Any replacement or reconstruction of an existing non-residential structure that has been destroyed or demolished, if the building permit for reconstruction is obtained within one year after the building was destroyed or demolished, there is no change in the land use designation of the property, and the square footage of the replacement building does not exceed the square footage of the building that was destroyed or demolished. d. Any addition to an existing non-residential structure of 500 square feet or less. e. Any public or quasi -public development on lands designated Public/Semi- Public or Education on the General Plan Land Use Map, so long as such development is intended to serve development in the City and does not itself generate a need for additional public infrastructure needed to serve new development, as in the way new residential development generates new residents requiring City services, and new non-residential development generates new employees in the City using City services. f The City Council, in its discretion, may determine that the Fee is inapplicable to certain development constructed or to be constructed by a public entity on land having an appropriate General Plan land use designation provide that the City Council finds that such inapplicability is in the interest of the public health, safety and/or welfare, for reasons specified in the findings. Such reasons may include, but are not limited to, that the Fee as it would apply to such development by a public entity will be sufficiently recovered in whole or in part from residential development, the residents of which may constitute the primary users of the public entity development. 8. Use of Fee Revenue. The revenues raised by payment of the Fee shall be placed in a separate, interest bearing account to permit accounting, for such revenues and the interest that they generate. Such revenues and interest shall be,used only for the Facilities and the purposes for which the Fee was collected, which are the -following: a. To pay for design, engineering, right-of-way or land acquisition and construction and/or acquisition of the Facilities and reasonable costs of outside consultant studies related thereto; b. To reimburse the City for the Facilities constructed by the City with funds from other sources including funds from other public entities, unless the City funds were obtained from grants or gifts intended by the grantor to be used for the Facilities. (.0-13 C. To reimburse developers who have designed and constructed any of the Facilities with prior City approval and have entered into an agreement, as provided in Section 9, below; and d. To pay for and/or reimburse costs of program development and ongoing administration and maintenance of the Fee program, including, but not limited to. the cost of studies, legal costs, and other costs of updating the Fee. 9. Credits and Reimbursement for Developer Constructed Facilities. The City and a developer may enter into an improvement agreement to allow the developer to construct certain of the Facilities. Entering such an agreement is in the City's sole discretion. Such agreement shall provide for security for the developer's commitment to construct the Facilities and shall refer to this resolution for credit and reimbursement. if the City enters into such an agreement with a developer prior to construction of one or more of the Facilities. the City shall provide the developer a credit in accordance with the following: a. Credit Amount. The credit shall be in the amount of the lowest bid received for construction of the facility, as approved by the City Engineer. However, in no event shall a credit pursuant to this provision exceed the current facility cost. For the purposes of this section, such current facility cost shall be the amount listed in the Report for the particular facility, as subsequently adjusted pursuant to Sections 13 and 14 of this Resolution prior to issuance of the building permit for that facility. Once issued, credit pursuant to this section shall not be adjusted for inflation of any other factor. Credit provided pursuant to this section is not transferable. b. Application of Credit. Developers may apply credit given pursuant to this section against the Fee applicable to a particular project until the credit is exhausted or an excess credit results. The total credit shall be divided by the number of units or square footage of building space (or combination thereof for a Mixed Use Development) to determine the amount of credit which ,can be applied against the Fee for each unit of measurement and, if the credit per unit of measure is less than the Fee per unit of measurement, the developer shall pay the difference for each residential unit or square footage of building space. C. Reimbursement for Excess Credit. Reimbursement for excess credit shall only be from remaining unspent Fee revenues. Once all the Facilities have been constructed or acquired, and to the extent Fee revenues are sufficient to cover all claims for reimbursement of Fee revenues, including reimbursement for excess credit, developers with excess credit shall be entitled to reimbursement, subject to such developers certifying in writing to the City that the cost of constructing the facility that resulted in an excess credit was not passed on to U'1 homeowners, and indemnifying the City from land -owner claims for reimbursement under the Mitigation Fee Act, and Section 660Q1in particular. If remaining Fee revenues after all of the Facilities have been constructed or acquired are insufficient to cover all claims for reimbursement of Fee revenues, such claims, including claims for reimbursement of excess credit, shall be reimbursed on a pro rata basis in accordance with applicable law. 10. Standards. The standards upon which the need for the Facilities is based are the standards of the City, including the standards contained in the General Plan and its EIR and those City standards reflected in the Report. 11. Periodic Review. a. During each fiscal year, the City Manager shall prepare a report for the City Council, pursuant to Government Code Section 66006, identifying the balance of Fee revenues in the Fee account. b. Pursuant to Government Code Section 66002, the City Council shall also review, as part of any adopted City Capital Improvement Plan each year, the approximate location, size, time of availability and estimates of cost for all Facilities to be financed with the Fee. The estimated costs shall be adjusted in accordance with appropriate indices of inflation. The City Council shall make findings identifying the purpose to which the existing Fee revenue balances are to be put and demonstrating a reasonable relationship between the Fee and the purpose for which it is charged. 12. Subseauent Analvsis and Revision of the Fee. The Fee set forth herein is adopted and implemented by the City Council in reliance on the Record identified above. The City may continue to conduct further study and analysis to determine whether the Fee should be revised. When additional information is available, the City Council may review the Fee to determine that the Fee amounts remain reasonably related to the impacts of development within the City of Petaluma and areas included in the City's General Plan. The City Council may revise the Fee to incorporate findings and conclusions of further studies and any standards in General Plan and/or the General Plan FIR, as well as increases due to inflation and increased construction costs. 13. Fee Adiustments. a. Annual CPI Adjustment. The Fee established will escalate or decrease annually by the same percentage the latest "Engineering News Record Construction. Cost Index 20 City Average" ("Index") annually escalates or decreases. The adjustment shall be based on a comparison of the most recent Index to the Index in the month of adoption of U—Is 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 will take effect on the second July 1st following the adoption of this resolution and each subsequent July 1st. b. Refund Applications Based on Redevelopment Supplement. In the case of any development which has incurred and paid a Fee which includes the Redevelopment Supplement, should the State Department of Finance or the courts finally recognize the obligations of the City as successor to the former PCDC pursuant to the above-described cooperative agreements such that the $18.8 million dollars comprising the Redevelopment Supplement is retained by the City as successor to the former PCDC, current owners of development that paid development fees that included the Redevelopment Supplement may apply for a refund of the portion of the Fee that owner paid which is attributable to the Redevelopment Supplement, subject to the following: 1. To be eligible for a refund, current development owners must certify in writing to the City that the owner has not recovered or is not recovering from third parties such as tenants or others the amount of the fees paid attributable to the Redevelopment Supplement. 2. Any refunds pursuant to this provision shall only be paid from existing, un -obligated, unspent Fee revenue balances. The City will have no obligation to pay refunds to any owner absent sufficient existing, un -obligated, unspent Fee revenue balance available for that purpose. 3. If existing, un -obligated, unspent Fee revenue balances are insufficient to cover eligible applications for refund, such eligible applications shall be paid refunds a pro rata basis in accordance with applicable law. ld. Administrative Guidelines. The Council may, by resolution, adopt administrative guidelines to provide procedures for calculation, credit, reimbursement, or deferred payment and other administrative aspects of the Fee. Such guidelines may include procedures for construction of designated Facilities by developers. 15. Effective Date. This resolution and the Fee imposed pursuant to Section 2 shall become effective on the effective date of Ordinance No. N.C.S. 16. Severabilitv. Each component of the Fee and all portions of this Resolution are severable. Should any individual component of the Fee or other provision of this Resolution be adjudged to be invalid and unenforceable, the remaining component or provisions shall be and continue to be fully (0 —NO effective, and the Fee shall be fully effective except as to that component that has been judged to be invalid. 17. Supersession/Repeal/Savings Clause. All resolutions and parts thereof in conflict with the provisions of this Resolution are superseded and repealed, effective on the effective date of -the Fee imposed pursuant to Section 2. However, violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective date of this Resolution, under any chapter, ordinance, or part of an ordinance, or resolution or part of a resolution, shall be deemed to remain in full force for the purpose of sustaining any proper suit, action, or other proceedings, with respect to any such violation, right, liability or appeal. EXHIBIT A TRAFFIC DEVELOPMENT IMPACT FEE Land Use Type Fee Arnodnt Unit of,Mea"surement Single Family Residential $18,978 Unit Multiple Family Residential $11,650 Unit Accessory Dwelling $5,261 Unit Senior Housing $5,073 Unit Office $18,199 1,000 square feet of building space Hotel/Motel $11,086 Room Commercial/Shopping $17,522 1,000 square feet of building space Industrial/Warehouse $12,928 1,000 square feet of building space Education $2,894 Student Institution $6,718 1,000 square feet of building space MW Attachment 7 RESOLUTION UPDATING THE WATER CAPACITY FEE FOR NEW DEVELOPMENT IN THE CITY OF PETALUMA AND SUPERSEDING SUCH FEE UPDATED BY RESOLUTION NO. 2008-096 N.C.S., ADOPTED MAY 19, 2008 RECITALS WHEREAS, the City of Petaluma General Plan 2025 ("General Plan") outlines future land uses within the City of Petaluma ("City") and applies to a planning area which includes the City and land outside the City in unincorporated Sonoma County which must also be considered to properly plan for the City's future; and WHEREAS, the General Plan.of the City was adopted by the Petaluma City Council ("City Council") on May 19, 2008; And WHEREAS, an Environmental Impact Report ("EIR") was prepared for the General Plan (State Clearinghouse #2004082065) pursuant to the California Environmental Quality Act ("CEQA") and certified by the City Council on April 7, 2008 by Resolution No. 2008-058 N.C.S.; and WHEREAS, the General Plan area is shown on the land use maps contained in the General Plan; and WHEREAS, the City Council last updated the City's Water Capacity Fee for New Development by Resolution No. 2008-096 N.C.S., adopted May 19, 2008; and WHEREAS, the General Plan designates a defined land use for all property within the City and, based on those uses, calculates the expected number of residents, residential units, employees, and square footage of nonresidential development that will result if all property in the City is developed as planned by the year 2025; and WHEREAS, the General Plan incorporates policies and programs to mitigate the impacts of such anticipated new development, including policies that require new development to pay for its proportional fair share of the cost of acquiring and improving public facilities necessary'to meet the demands of residents, employees, customers, and businesses; and, WHEREAS, the General Plan and its EIR analyze the impacts of development under the General Plan and proposed mitigation measures, including the creation of fee programs to require new development to pay for its proportional fair share of the cost of acquiring and improving public facilities necessary to meet the demands of new residents, employees, customers, and businesses for such facilities; and WHEREAS, Goal I -G-6 of Chapter 1 of the General Plan provides that the City should "Maintain a residential growth management system to ensure public infrastructure keeps pace with growth;" and 1—i WHEREAS, Policy 1-P-47 of Goal 1-G-6 of Chapter 1 of the General Plan provides that the City should "Ensure that all new development_ provides necessary public facilities to support the development," and includes program A which provides that the City should: "Collect proportionate fair share of long-term infrastructure improvement costs as entitlements are granted" and program B: "Initiate design of long term infrastructure improvements in a timely manner to ensure their completenesseoincide with demand;" and WHEREAS, Goal 8-G-1 of the General Plan provides that the City should "Provide a safe, reliable, high-quality, economical and sustainable source of water to meet the community's needs": and WHEREAS, Program (A) of Policy 8-P-4 of Goal 8-G-1 of the General Plan provides that "The City shall continue to monitor the demand for water for projected growth against actual use, and ensure that adequate water supply is in place prior to, or in conjunction with, project entitlements"; and WHEREAS, Goal 8-G-7 of the General Plan provides that the City should "Continue to invest in the City's storage and distribution system to insure reliable delivery of high quality water to meet daily and emergency needs'; and WHEREAS, Policy 8-P-22 of Goal 8-G-7 of the General Plan provides that the City should "Invest in the maintenance, repair and replacement of the water utility infrastructure"; and WHEREAS, Policy 8-P -26 of Goal 8-G-7 of the General Plan provides that the City should "Encourage continued development of the City's water supply and distribution system to meet established system pressure and fire flow standards (including reservoirs, mains, and hydrants);" and WHEREAS, to plan for anticipated growth under General Plan 2025, the City Department of Water Resources and Conservation and its consultants have undertaken engineering and financial studies to determine the necessary infrastructure and expanded water conservation programs to provide a potable water supply sufficient to serve existing and anticipated development under General Plan 2025; and WHEREAS, the City retained Bartle Wells Associates to determine, based in part on the land use designations provided by the General Plan, the water and wastewater capacity necessary to maintain the level of such services provided to the community and to fund new development's share of the costs of maintaining adequate 'capacity for water and wastewater amenities to Petaluma; and WHEREAS, an analysis of the capacity charges necessary to recover the cost of water facilities needed to serve future costumers was prepared by Bartle Wells Associates dated August 15, 2012, entitled "Water & Wastewater Capacity Charges" (`Report"), a copy of which is on file in the Office of the City Clerk, and is hereby incorporated by reference: and -�-2 WHEREAS, the Report, the General Plan and the General Plan FIR describe the facilities necessary to provide adequate water supply in the City; and WHEREAS, the Report, the General Plan and the General Plan EIR describe the impacts of contemplated future development on existing public facilities in the City of Petaluma and analyze the need for the new facilities required by future development within the City of Petaluma, described above and in the Report; and WHEREAS, the Report describes new development's share of the cost of existing facilities (buy -in), and the costs needed to finance constriction of necessary capital improvements to serve new development as described in the Report, the General Plan, the City's Urban Water Management Plan and the City's budget for capital improvements (collectively, the "Facilities'). WHEREAS, the Report sets forth the relationship between contemplated future development, the Facilities, and the estimated cost of the Facilities; and WHEREAS, the Report estimates the cost in current dollars of the Facilities, assigns the portion of the cost attributable to new development, and calculates the fees necessary to raise the revenue necessary to pay for the portion of the cost of the Facilities attributable to new development: and WHEREAS, The' Fee is not a "tax" as defined in Section 1, paragraph (e) of Article XIIIC of the California Constitution ("Proposition 26") because such fee is imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable cost to the City of providing the service or product; and/or the fee is imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable cost to the City of providing the service or product; and/or the fee is imposed for the reasonable regulatory costs to the City of issuing licenses and permits, performing investigations, inspections and audits, enforcing agricultural marketing orders and the administrative enforcement and adjudication thereof, and/or the fee is imposed as a condition of property development; and WHEREAS, the Fee adopted by this Resolution is not subject to the requirements of Article XIIID of the California Constitution ("Proposition 218") concerning property related assessments and fees pursuant to Apartment Associalion of Los Angeles Counly v. City of Los Angeles (2001) 24, CalAt" 830, in that such fee is not applicable to incidents of property ownership, but rather to actual use of and need for City services and/or facilities: and WHEREAS, in accordance with Government Code Section 50076, fees and charges that do not exceed the reasonable cost of providing the service or regulatory activity for which the fees are _�_3 charged and which are not levied for general revenuepurposes are not special taxes as defined in Article 3.5 of the Government Code; and WHEREAS, in accordance with Government Code Section 66016, at least fourteen (14) days prior to the public hearing at which this Resolution was adopted, notice of the time and place of the hearing was mailed to eligible interested parties who filed timely written requests with the City for mailed notice of meetings on new or increased fees or service charges; and WHEREAS, in accordance with Government Code Section 66016, the Report was available for public inspection, review, and comment for ten (10) days prior to the public hearing at which the City Council considered the adoption of the Fee; and WHEREAS, ten (10) days advance notice of the public hearing at which the City Council considered the Report and adoption of the Fee was given by publication in accordance with Government Code Section 6062a; and WHEREAS, on August 27, 2012, the City Council introduced Ordinance No. N.C.S, which adds a new Title 19, entitled "Development Fees," to the Petaluma Municipal Code and amends, repeals and/or recodifies various provisions authorizing the City's development -related fees, including the City Facilities Development Impact Fee, Open Space Land Acquisition Fee, Park Land Acquisition Fee (Non -Quimby Act), Park Land Acquisition Fee (Quimby Act). Traffic Development Impact Fee, Water and Wastewater Capacity Fees and the Commercial Development Housing Linkage Fee. FINDINGS WHEREAS, the City Council finds as follows: A. After considering the Report, the testimony received at the noticed public meeting at which this resolution was adopted, the accompanying staff report, the General Plan, the General Plan FIR, and all correspondence received at or prior to the public meeting (the "Record"), the Council approves and adopts the Report; and the City Council further finds that the future development in the City of Petaluma will generate the need for the Facilities, and the Facilities are consistent with the City's General Plan. B. The City currently provides water facilities and supplies water to the community and the fee set forth in this resolution will be used to maintain current service levels. As such, the Water Capacity Fee as it relates to development within the City is not a "project" within the meaning of CEQA (Pub. Res. Code §21080(b)(8)(D)). C. In adopting the Water Capacity Fee for New Development in the City of Petaluma, 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 19.28 of the Petaluma Municipal Code, collectively and separately. D. The Record establishes: 1. In accordance with section 66013, subdivision a, of the Mitigation Fee Act, the Water Capacity Fee imposed by this Resolution ("Fee") does not exceed the estimated reasonable cost of providing the water services for which the Water Capacity Fee is imposed, in that the Fee is calculated based on the relationship between the value of the City's existing water facilities, and the value of upgrades and additional capacity needed to serve new users, and allocates to new water system customers their fair share of the cost of existing and future water improvements needed to serve the new customers. The Fee includes the buy -in component for existing facilities and projected capital expenditures that strictly benefit new customers, as described in the Report, and Urban Water Management Plan ("UWMP"), which plans are incorporated by reference, as well as in the City's capital improvement plan. The UWMP establishes that water system improvements are required, and justifies the changes in the water capacity charge based on the amount required to "buy into" existing facilities and anticipated City capital expenditures. The Report explains how the capacity charges are calculated on the basis of capital costs related to the upgrades and expansion of the water system required by the addition of future connections. The Fee is necessary to cover the City's cost of improvements required to serve anticipated future connections. 2. The cost estimates set forth in the Report are reasonable estimates for constructing or acquiring the Facilities, and the Fees expected to be generated by future development will not exceed the projected cost of constructing and/or acquiring the Facilities; and 3. The method of allocation of the Fee to a particular development bears a fair relationship and is roughly proportional to each development's burden on and benefits from the Facilities to be funded by the Fee, in that the Fee is calculated based on the water facilities demand each particular development will generate. 4. The Report is a detailed analysis of how public services will be affected by development in the City and the public facilities required to accommodate that development. 5. The Fee is consistent with the General Plan and, pursuant to Government Code Section 65913.2: the City Council 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. -4-S ADOPTION OF FEE NOW, THEREFORE, BE IT RESOLVED, Definitions. a. "Accessory Dwelling" shall mean a second unit which meets the standards set forth in Section 7.030 of Chapter 7, "Standards for Specific Land Uses" of the City of Petaluma Implementing Zoning, Ordinance ("IZO"), as modified by any subsequent amendment or successor zoning ordinance and/or development code provision adopted by the City which defines Accessory Dwelling, second unit or second dwelling unit." b. "Commercial' shall mean any development constructed or to be constructed on land having a General Plan 2025 land use or zoning designation, as established in the Implementing Zoning Ordinance, No. 2300 N.C.S"or any successor ordinance, for facilities for the purchase and sale of commodities and services and the sales, servicing, installation, and repair of such commodities and services and other uses incidental to these activities. Commercial land uses include but are not limited to: apparel and clothing stores; auto dealers and malls; auto accessories stores; banks and savings and loans; beauty salons; book stores; discount stores and centers; dry cleaners; drug stores; eating and drinking establishments; furniture stores and outlets; general merchandise stores; hardware stores; home furnishings and improvement centers: laundromats; liquor stores; service stations; shopping centers; supermarkets; bicycle shops; cameras and photographic supply stores; convenience stores; department stores; drug stores and pharmacies; jewelry stores; luggage and leather goods stores; sporting goods and equipment stores; stationery stores; collectible stores; second hand goods stores; religious goods stores; hobby materials stores; ,small wares stores; plant sales; bowling alleys; coin-operated amusement arcades; dance halls, clubs and ballrooms; electronic game arcades; ice skating and roller skating establishments; pool and billiard rooms; amusement and theme parks; go-cart tracks; golf driving ranges; miniature golf courses; water slides; banks and trust companies; credit agencies; holding companies; lending and thrift institutions; securities/commodity contract brokers and dealers; fueling stations and gas stations; security and commodity exchanges; vehicle finance leasing agencies; restaurants, cafes and coffee shops; and movie theatres and civic theatres. C. "Developed" and "Development' shall mean the construction or alteration of or addition to, other than by the City, of any building or structure within the City of Petaluma and within any areas served by the City outside the jurisdictional limits of the City. d. "Director" shall mean the Director of Public Works and Utilities or his/her designee. e. "Facilities" shall include those facilities that are described in the Report. "Facilities" shall also include comparable alternative facilities should later changes in projections of development in the region necessitate construction of such alternative facilities; provided that the City Council later determinesin accordance with applicable law (1) that there is a reasonable relationship between new development within the City and the need for alternative facilities (2) that the alternative facilities are comparable to the facilities listed in the Report, and (3) that revenue from fees charged pursuant to this Resolution will be used only to pay new development's fair and proportionate share of the alternative facilities. f "Industrial" shall mean any development constructed or to be constructed on land having a General Plan 2025 land use or zoning designation as established in the Implementing Zoning Code, Ordinance No. 2300 N.C.S., or any successor ordinance, for the manufacture, production, assembly, and processing of consumer goods, uses incidental to those activities, and research, development and warehousing. Industrial land uses include, but are not limited to: assembly; contractor's storage yards; fabrication; lumber yards; manufacturing; outdoor stockyards and service yards; printing; processing; warehouses and distribution centers; wholesale and heavy commercial enterprises; clothing, fabric and other product manufacturing; electronics, equipment, and appliance manufacturing; metal products fabrication, machine and welding shops; paper product manufacturing; food and beverage product manufacturing; small-scale manufacturing; lumber and wood product manufacturing; machinery manufacturing; motor vehicle and transportation equipment manufacturing; stone and cut stone product manufacturing; structured clay and pottery product manufacturing; processing of building materials, chemicals, fabricated metals, paper products; machinery, textiles, and/or equipment; and collection, sorting and processing enterprises. g. "Mixed Development" shall mean a development that includes more than one of the types of development defined in this Section 1. Mixed developments may combine residential types of development (Single Family and Multifamily), non-residential types of development (Commercial, Industrial, and Office), or a combination of residential and non-residential types of development. h. "Multifamily Residential" shall mean any residential Development that does not qualify as detached single family dwelling unit Development as defined in the California Building Standards Code, as adopted by the City. i. "Non-residential User" includes, but is not limited to, any commercial, industrial or institutional customer. j. "Office" shall mean any development constructed or to be constructed on land having a General Plan 2025 land use or zoning designation, as established in the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S., or any successor ordinance, for general business offices, medical and professional offices, administrative or headquarters offices for large wholesaling or manufacturing operations, and other uses incidental to these activities. Office land uses include but are not limited to: administrative headquarters; business parks; finance offices; insurance offices; legal offices; medical and health services offices; office buildings; professional and administrative offices; professional associations; real estate offices; and travel agencies. k. "Single Family Residential" shall mean detached, single-family dwelling unit development as defined in the California Builders Standards Code, as adopted by the City. 2. Water Capacity Fee himosed. In accordance with Government Code Section 66013 and Chapter 19.28 of the Petaluma Municipal Code, a Water Capacity Fee shall be imposed and paid at the times, and in the amounts and otherwise apply and be administered as prescribed in this Resolution on Development in accordance with the following: a. General. Connection may be made to the City's water system in locations approved by and subject to the regulations of the City Council, upon payment to the City of the fee specified below and other specifications hereinafter indicated. b. Capacitv Fees. i. New Users. A Fee shall be levied for each new water meter connecting to the City water system according to the size of the meter as shown in Table 2.1. Table 2.1 Water Capacity Fees Meter Size (inches) Fee 3/4 $3,488 1 (residential) $3,488 1 (nonresidential) $5,825 1'/z $11,615 2 $18,591 3 $34,880 4 $58,145 6 $115,104 ii. Capacitv Fee on Rebuilding, Remodeling or Expansion of Existing Non - Residential User Facilities. In the event of any expansion, remodeling or rebuilding of any non-residential building, structure, or premises, currently connected to the water system, in a manner which increases the size of the meter, an additional Fee shall be due. In no instance shall a refund be granted if the rebuilding, remodeling or expansion of a Non-residential User facility decreases the size of the building or the meter. The additional Fee for the expansion, remodeling or rebuilding of any non- residential building, structure, or premises, currently connected to the water system, in a manner which increases the size of the meter shall be calculated as follows: ACF = NCF — OCF Wherein, "ACF" is the additional Fee; "NCF" is the new Fee calculated per Section 2(b) with the size of the meter to be determined based on the facility after the expansion, remodeling or rebuilding; and "OCF" is the old Fee calculated per Section 2(b) with the size of the meter used at the facility prior to any expansion, remodeling or rebuilding. iii. Industrial Relocation. This provision shall not be applied to a non- residential property or building that was formerly used for an industrial operation that has vacated the premises, relocated to a different parcel, and/or has received a relocation credit per Section 5. C. Annual Economic Adiustment To Fee. On July 1 of each year, commencing on July 1, 2014, the Fees described herein shall be adjusted to account for increases or decreases in the index set forth below. The Fees shall be adjusted as follows. i. Annual Economic Adjustment To Fee. The Fee shall be adjusted in accordance with the following formula: NCF = OCF + ((OCF) x (ENR Annual Change)) Wherein, "NCF" is the new or adjusted Fee for the upcoming fiscal year; "OCF" is the Fee in effect during the current fiscalyear; and, "ENR Annual Change" is the percentage change in the Engineering News Record Construction Cost Index for the San Francisco area from December for the second prior calendar year to December for the prior calendar year. d. Comoutation and Pavment of Fees: The Director or his/her designee shall compute all Fees set forth in 2(b). Payment for the Fees shall be made in full prior to connection to the water system. e. Refund ADplicatlons Based on 2008 Water Capacity Fee Paid: Current owners of development that paid a water capacity.fee pursuant to Resolution 2008-096 may apply for a refund of the difference between the that fee and the water capacity fee imposed by this resolution ("current fee"), subject to the following: I . To be eligible for a refund, current development owners must certify in writing to the City that the owner has not, recovered or is not recovering from third parties such as tenants or others the amount of the prior fee paid or the amount by which the prior fee exceeds the current fee. Z. Any refunds pursuant to -this provision shall only be paid from existing, un obligated, unspent Fee revenue balances. The City will have no obligation to pay refunds to any owner absent sufficient existing, un -obligated, unspent Fee revenue balance available for that purpose. 3. If existing, un -obligated, unspent Fee revenue balances are insufficient to cover eligible applications for refund, such eligible applications shall be paid refunds a pro rata basis in accordance with,applicable law. 3. Time for ImnosinH Fee for Residential Subdivisions. In accordance with Government Code Section 65961, the Fee for subdivisions for Single Family and Multiple Family subdivision Development for which tentative or parcel maps are required pursuant to the Subdivision Map Act (Government Code Section 66410 et seq.) shall be imposed at the time of setting the conditions that applyxo the tentative or parcel map for such residential subdivision Development, as applicable. Payment of the Fee shall be deemed to be a condition of all such tentative or parcel maps. Notwithstanding this Section 3, the time for payment of the Fee for all Development, including Single Family and Multiple Family subdivisions, shall be as specified in Section 4, below. 4. Time for Fee Pavment. A Fee shall be charged and paid for each Development upon issuance of the building permit for such Development. 5. Allowance for Industrial Relocation Credit a. Annlicability. This section shall apply to Industrial customers only. If the transfer of an industry, using water, to a different parcel of land does not impose any additional burden on the City's water utility, a credit, which shall be referred to as a relocation credit, may be allowed, provided that: i. Same Operation. Essentially the same industrial operation, as determined by the Director, has been transferred from one parcel to another and such operation was previously connected to the City's water utility; ii. Ownership. The same person now making claim to the relocation credit owned the industrial operation prior to the transfer and will continue to own the industrial operation at the new location. 1-I0 iii. Abandonment. The owner has demonstrated to the satisfaction of the City that the industrial operation has been abandoned from the parcel from which the transfer has occurred, or presented a certification in writing that such industrial operation will be abandoned within- six (6) :months of the City approving an application for connection. Should the industrial operation not be abandoned within the prescribed period, the relocation credit shall be revoked and a capacity fee, with respect to the parcel to which the industrial operation transferred, shall be due and payable as of the date said parcel was connected to the City's water utility. iv. Disconnection. The connection to the water utility at the prior parcel has been disconnected and capped, the meter has been removed, and the account closed. Any subsequent use of the prior parcel requiring connection to the water system will pay a new water capacity fee in accordance with this resolution. V. Capacity. There is adequate capacity in the City's water utility to accommodate connection of the industrial operation to be transferred. b. Basis for Relocation Credit. The Fee for the relocated industrial operation shall be calculated per Section 2(b). If the meter size for the industrial operation at its new location is equivalent to the meter size for the industrial operation at its prior location, no additional capacity fee shall be applied. If the meter size for the industrial operation at its new location will be increased over the meter size for the industrial operation at its prior location, then an additional capacity fee shall be calculated per Section 2(b). 6. Use of Fee Revenue. In accordance with Government Code Section 66013(c); the revenues raised by payment of the Fee shall be placed in a separate, interest bearing account to permit accounting for such revenues and the interest which they generate. Such revenues and interest shall be used only for the Facilities and the purposes for which the Fee was collected, which are the following: a. To pay for acquisition of the Facilities; b. To pay for programs, measures, design, engineering, construction of and property acquisition for, and reasonable costs of outside consultant studies related to, the Facilities; C. To reimburse the City for the Facilities constructed by the City with funds from other sources including funds from other public entities, unless such funds were obtained from grants or gifts intended by the grantor to be used for the Facilities. d. To reimburse developers that have designed and constructed any of the Facilities with prior City approval and have entered into an agreement, as provided in Section 10 below; and - e. To pay for and/or reimburse costs of program development and ongoing administration and maintenance of the Fee program, including, but not limited to, the cost of studies, legal costs, and other costs of updating the Fee. 7. Standards. The standards upon which the need for the Facilities is based are, the standards of the City, including the standards contained in the General Plan and its EIR and those City standards reflected in the Report. 8. Periodic Review. In accordance with Government Code Section 66013(d), the City shall make available to the public, within 180 days atter the last day of each fiscal year, the following information for that fiscal vear: a. A description of the charges deposited in the account. b. The beginning and ending balance of the account and the interest earned from investment of moneys in the account. C. The amount of charges collected in that fiscal year. d. An identification of all of the following: i. Each public improvement on which charges were expended and the amount of the expenditure for each improvement, including the percentage of the total cost of the public improvement that was funded with those charges if more than one source of funding was used. ii. Each public improvement on which charges were expended that was completed during that fiscal year. iii. Each public improvement that is anticipated to be undertaken in the following fiscal year. iv. A description of each interfund transfer or loan made from the capital facilities fund. The information provided, in the case of an interfund transfer, shall identify the public improvements on which the transferred moneys are, or will be, expended. The information, in the case of an interfund loan, shall include the date on which the loan will be repaid, and the rate of interest that the fund will receive on the loan. The information required pursuant to this Section 8 may be included in the City's annual financial report. The information prescribed in this Section 8 shall not apply to: moneys received to constrict public facilities pursuant to a'contract between a local agency and a person or entity, including, but not limited to, a reimbursement agreement pursuant to Government Code Section 66003, or to charges that are used to pay existing debt service or which are subject to a contract with a trustee for bondholders that requires a different accounting of the charges, or charges that are used to reimburse the local agency or to reimburse a person or entity who advanced funds under a reimbursement agreement or contract for facilities in existence at the time the charges are collected. 9. Subsequent Analvsis and Revision of the Fee. The Fee set forth herein is adopted and implemented by the City Council in reliance on the Record identified above. The City may continue to conduct further study and analysis to determine whether the Fee should be revised. When additional information is available, the City Council may review the, Fee to determine that the Fee amounts remain reasonably related to the impacts of development within the City of Petaluma and areas included in the City's General Plan. The City Council may revise the Fee to incorporate findings and conclusions of further studies and any standards in General Plan and/or the General Plan E1R as well as increases due to inflation and increased construction costs. 10. Credits and Reimbursement for Developer Constructed Facilities. The City and a developer may enter into an improvement agreement to allow the developer to construct certain of the Facilities. Entering such an agreement is within the City's sole discretion. Such agreement shall provide for security for the developer's commitment to construct the Facilities and shall refer to this Resolution for credit and reimbursement. If the City enters into such an agreement with a developenprior to construction of one or more of the Facilities, the City shall provide the developer a credit in accordance with the following: a. Credit Amount. The credit shall be in the amount of the lowest bid received for construction of the facility, as approved by the Director. However, in no event shall a credit pursuant to this provision exceed the current facility cost. For the purposes of this section, such current facility cost shall be the amount listed in the Report for that particular facility as subsequently adjusted pursuant to this Resolution prior to issuance of the building permit for that facility. Once issued, credit pursuant to this section shall not be adjusted for inflation or any other factor. Credit provided pursuant to this section is not transferable. b. Apolication of Credit. Credit pursuant to this section may be applied by developers against the Fee applicable to a particular project until the credit is exhausted or an excess credit results. The total credit shall be divided by the number of units (for a residential project) to determine the amount of credit which can be applied against the Fee for each unit and, if the credit per unit is less than the Fee per unit, the developer shall pay the difference for each unit. If a credit pursuant to this section is less than the Fee applicable to a particular non-residential development project, the developer shall pay the City the balance in cash. C. Reimbursement for Excess Credit. Reimbursement for excess credit shall only be from remaining unspent Fee revenues. Once all the Facilities have been constructed or acquired and to the extent Fee revenues are sufficient to 'cover all claims for reimbursement of Fee revenues, including reimbursement for excess credit, developers with excess credit shall be entitled to reimbursement, subject to such developers certifying in writing to the City that the cost of constructing the facility which resulted in an excess credit was not passed on to homeowners, and indemnifying the City from land owner claims for reimbursement under Government Code Section 66000 el seq. and Section 66001 in particular. If remaining fee revenues after all of the facilities have been constructed or acquired are insufficient to cover all claims for reimbursement of fee revenues, such claims, including claims for reimbursement of excess credit, shall be reimbursed on a pro rata basis in accordance with applicable law. 11. Effective Date. This resolution and the Fee imposed pursuant to Section 2 shall become effective on the effective date of Ordinance No. N:C.S. 12. Severabilitv. Each component of the Fee and all portions of this Resolution are severable. Should any individual component of the Fee or other provision of this Resolution be adjudged to be invalid and unenforceable, the remaining component or provisions shall be and continue to be fully effective, and the Fee shall be fully effective except as to that component that has been judged to be invalid. 13. Sunersession/Repeal/Savings. All resolutions, and parts thereof in conflict with the provisions of this Resolution are superseded and repealed, effective on the effective date of the Fee imposed pursuant to Section 2. However, violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective date of this Resolution, under any chapter, ordinance, or part of an ordinance, or resolution or part of a resolution, shall be deemed to remain in full force for the purpose of sustaining any proper suit, action, or other proceedings, with respect to any such violation, right, liability or appeal. Attachment 8 RESOLUTION UPDATING THE WASTEWATER CAPACITY FEE FOR NEW DEVELOPMENT IN THE CITY OF PETALUMA AND SUPERSEDING SUCH FEE UPDATED BY RESOLUTION NO. 2008-097 N.C.S., ADOPTED MAY 19, 2008 RECITALS WHEREAS, the City of Petaluma General Plan 2025 ("General Plan") outlines future land uses within the City of Petaluma ("City") and applies to a planning area which includes the City and land outside the City in unincorporated Sonoma County which must also be considered to properly plan for the City's future; and WHEREAS, the General Plan of the City was adopted by the Petaluma City Council ("City Council") on May 19, 2008; and WHEREAS, an Environmental Impact Report ("EIR") was prepared for the General Plan (State Clearinghouse #2004082065) pursuant to the California Environmental Quality Act ("CEQA") and certified by the City Council on April 7, 2008 by Resolution No. 2008-058 N.C.S.; and WHEREAS, the General Plan area is shown on the land use maps contained in the General Plan; and WHEREAS, the City Council last updated the City's Wastewater Capacity Fee for New Development by Resolution No. 2008-097 N.C.S., adopted May 19, 2008; and WHEREAS, the General Plan incorporates policies ,and programs to mitigate the impacts of such anticipated new development, including policies that require new development to pay for its proportional fair share of the cost of acquiring and improving, public facilities necessary to meet the demands of residents, employees, customers, and businesses; and, WHEREAS, the General Plan and its EIR analyze the impacts of development under the General Plan and proposed mitigation measures, including the creation of fee programs to require new development to pay for its proportional fair share of the cost of acquiring and improving public facilities necessary to meet the demands of new residents, employees, customers, and businesses for such facilities; and WHEREAS, Goal 1-G-6 of Chapter 1 of the General Plan provides that the City should "Maintain a residential growth management system to ensure public infrastructure keeps pace with growth;" and WHEREAS, Policy 1-P-47 of Goal J -G-6 of Chapter I of the General Plan provides that the City should "Ensure that all new development provides necessary public facilities to support the development, and includes program A which provides that the City should: "Collect proportionate fair share of long-term infrastructure improvement costs as entitlements are granted` and program B: "Initiate design of long term infrastructure improvements in a timely manner to ensure their completeness coincide with demand;" and WHEREAS, Goal 8-G-4 of Chapter 8 of the General Plan provides that the City should "Manage the wastewater collection and treatment system to address 100 percent capture and treatment of the City's wastewater in an economically and ecologically sound manner"; and WHEREAS, Policy 8-P-15 of Goal 8-G-4 of Chapter 8 of the General Plan provides that "Capacity of the water recycling facility shall be maintained, and expanded as necessary, to keep pace with the City's growth"; and WHEREAS, wastewater services provided by the City include, but are not limited to, wastewater collection, treatment, disposal and reuse; and WHEREAS, to plan for anticipated growth under General Plan 2025, the City Department of Water Resources and Conservation and its consultants have undertaken engineering and financial studies to determine the necessary infrastructure to provide sufficient wastewater facilities and services to serve existing and anticipated development under General Plan 2025; and WHEREAS, the City retained Bartle Wells Associates to determine, based in part on the land use designations provided by the General Plan, the water and wastewater capacity necessary to maintain the level of such services provided to the community and to fund new development's share of the costs of maintaining adequate capacity for water and wastewater amenities to Petaluma; and WHEREAS, an analysis of the capacity charges necessary to recover the cost of wastewater facilities needed to serve future costumers was prepared by Bartle Wells Associates dated August 15, 2012, entitled "Water & Wastewater Capacity Charges" ("Report" ), a copy of which is on file, in the Office of the City Clerk, and is hereby incorporated by reference; and WHEREAS, the Report, the General Plan and the General Plan EIR describe the facilities necessary to provide adequate wastewater capacity in the City; and WHEREAS, the Report, the General Plan and the General Plan EIR describe the impacts of contemplated future development on existing public facilities in the City of Petaluma and CS -2 analyze the need for the new facilities required by future development within the City of Petaluma, described above and in the,,Report; and WHEREAS, the Report describes new development's share of the cost of existing facilities (buy -in), and the costs needed to finance construction of necessary capital improvements to serve new development as described in the Report, the General Plan and the City's budget for capital improvements (collectively, the "Facilities"). WHEREAS; the Report sets forth the relationship between contemplated future development, the Facilities, and the estimated cost of the Facilities; and WHEREAS, the Report estimates the cost in current dollars of the Facilities, assigns the portion of the cost attributable to new development, and calculates the fees necessary to raise the revenue necessary to pay for the portion of the cost of the Facilities attributable to new development; and WHEREAS. The Wastewater Capacity Fee is not a "tax" as defined in Section 1, paragraph (e) of Article XIIIC of the California Constitution ("Proposition 26") because such fee is imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable cost to the City of providing the service or product; and/or the fee is imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable cost to the City of providing the service or product; and/or the fee is imposed for the reasonable regulatory costs to the City of issuing licenses and permits, performing investigations, inspections and audits, enforcing agricultural marketing orders and the administrative enforcement and adjudication thereof, and/or the fee is imposed as a condition of property development; and WHEREAS, the Fee adopted by this Resolution is not subject to the requirements of Article XIIID of the California Constitution ("Proposition 218") concerning property related assessments and fees pursuant to Apartment Association of Los Angeles County v. City of Los Angeles (2001) 24- Ca1.4'h 830, in that such fee is not applicable to incidents of property ownership, but rather to actual use of and need for City services and/or facilities;.and WHEREAS, in accordance with Government Code Section 50076, fees and charges that do not exceed the reasonable cost of providing the service or regulatory activity for which the fees are charged and which -are not levied for general revenue purposes are not special taxes as defined in Article 3.5 of the Government Code; and WHEREAS, in accordance with Government Code Section 66016, at least fourteen (14) days prior to the public hearing at which this Resolution was adopted, notice of the time and place of the hearing was mailed to eligible interested parties who filed timely written requests with the City for mailed notice of meetings on new or increased fee's or service charges; and WHEREAS, in accordance with Government Code Section 66016, the Report was available for pub] ic'inspection, review, and comment for ten (10) days prior to the public hearing at which the City Council considered the adoption of the Fee; and WHEREAS, ten (10) days advance notice of the public hearing at which the City Council considered the Report and adoption of the Fee was given by publication in accordance with Government Code Section 6062a; and WHEREAS, on August 27. 2012, the City Council introduced Ordinance No. N.C.S., which adds a new Title 19, entitled "Development Fees," to the Petaluma Municipal Code and amends, repeals and/or recodifies various provisions authorizing the City's development -related fees, including the City Facilities Development ILnpact Fee, Open Space Land Acquisition Fee, Park Land Acquisition Fee (Non -Quimby Act), Park Land Acquisition Fee (Quimby Act), Traffic Development Impact Fee, Water and Wastewater Capacity Fees and the Commercial Development Housing Linkage Fee. FINDINGS WHEREAS, the City Council finds as follows: A. After considering the Report, the testimony received at the noticed public meeting at which this resolution was adopted, the accompanying staff report, the General Plan. the General Plan FIR, and all correspondence, received at or priovto the public meeting (the "Record"), the Council approves and adopts the Report; and the City Council further finds that the future development in the City of Petaluma will generate the need for the Facilities, and the Facilities are consistent with the City's General Plan. B: The City currently provides wastewater facilities and supplies wastewater to the community and the fee set forth in this resolution will be used to maintain current service levels. As such, the Wastewater Capacity Fee as it relates to development within the City is not a "project" within the meaning of CEQA (Pub.Res. Code §21080(b)(8)(D)). C. In adopting the Wastewater Capacity Fee for New Development in the City of Petaluma, 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 19.28 of the Petaluma Municipal Code, collectively and separately. D. The Record establishes: 1. In accordance with section 66013, subdivision a, of the Mitigation Fee Act, the Wastewater Capacity Fee imposed by this Resolution ("Fee") does not exceed the estimated reasonable cost of providing the wastewater services for which the Wastewater Capacity Fee is imposed, in that the Fee is calculated based on the relationship between the value of the City's existing wastewater facilities, and the value of upgrades and additional capacity needed to serve new users, and allocates to new wastewater system customerstheir fair share of the cost of existing and future wastewater improvements needed to serve the new customers. The Fee includes the buy -in component for existing facilities and projected capital expenditures that strictly benefit new customers, as described in detail in Appendix A of the Report, as well as in the City's capital improvement plan. The Report establishes that wastewater system improvements are required, and justifies the changes in the wastewater capacity charge based on the amount required to "buy into" existing facilities and anticipated City capital expenditures. The Report explains how the capacity charges are calculated on the basis of capital costs related to the upgrades and expansion of the wastewater system required by the addition of future connections. The Fee is necessary to cover the City's cost of improvements required to serve anticipated future connections. In accordance with section 66013, subdivision a, of the Mitigation Fee Act, the Wastewater Capacity Fee imposed by this Resolution ("Fee") does not exceed the estimated reasonable cost of providing the wastewater services for which the Fee is imposed, in that the Fee is calculated based on the relationship between the value of the City's existing wastewater facilities, and the value of upgrades and additional capacity needed to serve new users, and allocates to new wastewater system customers their fair share of the cost of existing and future wastewater improvements needed to serve the new customers. The Fee includes the buy -in component for existing facilities and projected capital expenditures that strictly benefit new customers, as described in the Report, as well as in the City's capital improvement plan. The Report establishes that wastewater system improvements are required, and justifies the changes in the wastewater capacity charge based on the amount required to "buy into" existing facilities and anticipated City capital expenditures. The Report explains how the capacity charges are calculated on the basis of capital costs related to the upgrades and expansion of the wastewater system required by the addition of future connections. The Fee is necessary to cover the City's cost of improvements required to serve anticipated future connections. 2. The cost estimates set forth in the Report are reasonable estimates for constructing or acquiring the Facilities, and the Fees expected to be generated by future development will not exceed the projected cost of constructing and/or acquiring the Facilities; and 3. The method of allocation of the Fee to a particular development bears a fair relationship and is roughly proportional to each development's burden on and benefits from the Facilities to be funded by the Fee, in that the Fee is calculated based on the wastewater facilities demand each particular development will generate. 8.15 4. The Report is a detailed analysis of how public services will be affected by development in the City and the public facilities required to accommodate that development. 5. Pursuant to Government Code Section 66483(f), the Facilities are in addition to the existing facilities serving the sanitary sewer area covered by the Report at the time of its adoption. 6. Pursuant to Government Code Section 66483(6) the fee as set forth in this Resolution as to any property proposed for subdivision and subject to the Subdivision Map Act (Government Code Section 66410 et seq.) within the sanitary sewer area covered by the Report does not exceed the pro rata share of the amount of the total actual or estimated cost of all of the planned sanitary sewer facilities within such sanitary sewer area which would be assessable on such property proposed for subdivision if such costs were apportioned uniformly on a per acre basis. 7. The Fee is consistent with the General Plan and, pursuant to Government Code Section 65913.2, the City Council 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. ADOPTION OF FEE NOW, THEREFORE, BE IT RESOLVED: Definitions a. "Accessory Dwelling" shall mean a second unit which meets the standards set forth in Section 7.030 of Chapter 7, "Standards for Specific Land Uses" of the City of Petaluma Implementing Zoning Ordinance ("IZO"), as modified by any subsequent amendment or successor, zoning ordinance and/or development code provision adopted by the City which defines Accessory DwelIing,,second unit or second dwelling unit." b. `BOD" means biochemical oxygen demand. C. "Commercial" shall mean any development constructed or to be constructed on land having a General Plan 2025 land use or zoning designation, as established in the Implementing Zoning Ordinance, No. 2300 N.C.S., or any successor ordinance, for facilities for the purchase and sale of commodities and services and the sales, servicing, installation, and repair of such commodities and services and other uses incidental to these activities. Commercial land uses include but are not limited to: apparel and ago clothing stores; auto dealers and malls; auto accessories stores; banks and savings and loans; beauty salons; book stores; discount. stores and centers; dry cleaners; drug stores; eating and drinking establishments; furniture stores and outlets; general merchandise stores; hardware stores; home furnishings and improvement centers; laundromats; liquor stores; service stations; shopping centers; supermarkets; bicycle shops; cameras and photographic supply stores; convenience stores; department stores; drug stores and pharmacies; jewelry stores; luggage and leather goods stores; sporting goods and equipment stores; stationery stores; collectible stores; second hand goods stores; religious goods stores; hobby materials stores; small wares stores; plant sales; bowling alleys; coin-operated amusement arcades; dance halls, clubs and ballrooms; electronic game arcades; ice skating and roller skating establishments; pool and billiard rooms; amusement and theme parks; go-cart tracks; golf driving ranges; miniature golf courses; water slides; banks and trust companies; credit agencies; holding companies: lending and thrift institutions; securities/commodity contract brokers and dealers; fueling stations and gas stations; security and commodity exchanges; vehicle finance leasing agencies; restaurants, cafes and coffee shops; and movie theatres and civic theatres. d. "Developed' and "Development" shall mean the construction or alteration of or addition to, other than by the City, of any building or structure within the City of Petaluma and within any areas served by the City outside the jurisdictional limits of the City. C. "Director" shall mean the Director of Public Works and Utilities or his/her designee. f "Domestic Wastewater" means any wastewater which will enter the City's sanitary sewer from the non -industrial operation, preparation, cooking and handling of food; or, containing human waste and -similar matter from the sanitary conveniences of dwellings, commercial building, industrial facilities and installations. g. "Dwelling Unit — Single Family" means any single-family residential dwelling or mobile home designed for occupancy by one family, each of which shall be deemed equivalent to one dwelling unit. It. "Dwelling Unit — Multi Family" means any duplex, triplex, fourplex, townhouse or condominium, apartment house, lofts, or other multi -residential establishment, designed for occupancy for living purposes by more than one family, which is divided into separate residential units, each of which is designed for occupancy by one family only, each resident unit shall be deemed equivalent to one dwelling unit. For example, an apartment complex with 10 apartments shall be considered to have 10 dwelling units. M i. "Facilities" shall include those facilities that are described in the Report. "Facilities" shall also include comparable alternative facilities should later changes in projections of development in the region necessitate construction of such alternative facilities; provided that the City Council later determines in accordance with applicable law (1) that there is a reasonable relationship between Development and the need for alternative facilities (2) that the alternative facilities are comparable to the facilities listed in the Report, and (3) that revenue from fees charged pursuant to this Resolution will be used only to pay new Development's fair and proportionate share of the alternative facilities. j. "hcf' means hundred cubic feet. One hcf is equivalent to 748 gallons. k. "Industrial" shall mean any development constructed or to be constructed on land having a General Plan 2025 land use or zoning designation as established in the Implementing Zoning Code, Ordinance No. 2300 N.G.S., or any successor ordinance, for the manufacture, production, assembly, and processing of consumer goods, uses incidental to those activities, and research, development and warehousing. industrial land uses include, but are not limited to: assembly; contractor's storage yards; fabrication; lumber yards; manufacturing; outdoor stockyards and service yards; printing; processing: warehouses and distribution centers; wholesale and heavy commercial enterprises.- clothing, nterprises;clothing, fabric and other product manufacturing: electronics, equipment, and appliance manufacturing metal products fabrication, machine and welding shops; paper product manufacturing; food and beverage product manufacturing; small-scale manufacturing; lumber and wood product manufacturing; machinery manufacturing: motor vehicle and transportation equipment manufacturing; stone and cut stone product manufacturing; structured clay and pottery product manufacturing; processing of building materials, chemicals. fabricated metals, paper products, machinery, textiles, and/or equipment; and collection, sorting and processing enterprises. 1. "Industrial Wastewater" means any non-domestic wastewater which, will enter into the City's sanitary sewer by being discharged from any industrial, manufacturing, commercial or business establishment or process; or from the development, recovery, or processing of any natural resource. in. "Mixed Development" shall mean a development that includes more than one of the types of development defined in this Section 1. Mixed developments may combine residential types of development (Single Family and Multifamily), non-residential types of development (Commercial, Industrial, and Office), or a combination of residential and non-residential types of development. n. "Non -Residential User' includes, but is not limited to, any commercial, industrial or institutional customer. o. "Office" shall mean any development constructed or to be constructed on land having a General Plan 2025 land use or zoning designation, as established in the Implementing Zoning Ordinance. Ordinance No. 2300 N.C.S., or any successor ordinance, for general business offices, medical and professional offices, administrative or headquarters offices for large wholesaling or manufacturing operations, and other uses incidental to these activities. Office land uses include but are not limited to: administrative headquarters; business parks; finance offices: insurance offices; legal offices; medical and health services offices; office buildings; professional and administrative offices; professional associations; real estate offices; and travel agencies. P. "Residential User" means any single-family residential dwelling or mobile home designed for occupancy by one family, and any duplex, triplex, fourplex, townhouse or condominium, apartment house, mobile home park or other multi -residential establishment, designed for occupancy for living purposes by more than one family, which is divided into separate residential units, each of which is designed for occupancy by one family only. q. "TSS" means total suspended solids. 2. Wastewater Capacity Fee Imposed. a. In accordance with Petaluma Municipal Code Chapter 19.32, Government Code Section 66013 and other applicable lav, a Wastewater Capacity Fee shall be imposed and paid at the times, and in the amounts and otherwise apply and be administered as prescribed in this Resolution on Development as described in the Report. b. In accordance with Government Code '.Section 66483(a), the Fee shall apply to development projects subject to the Subdivision Map Act (Government Code Section 66410 et seq.) only where the Fee has been in effect pursuant to this Resolution for a period of at least 30 days prior to the filing of the tentative or parcel map applicable to such development project. 3. Time for Imoosine Fee for Residential Subdivisions. In accordance with Government Code Section 65961, the Fee for Single Family and Multiple Family subdivision development for which tentative or parcel maps are required pursuant to the M Subdivision Map Act (Government Code Section 66410 et seq.) shall be imposed at the time of the approval of conditions that apply to the tentative or parcel map for such residential subdivision development, as applicable. Payment of the Fee shall be deemed to be a condition of all such tentative or parcel maps. Notwithstanding this Section 3, the time for payment of the Fee for all development, including Single Family and Multiple Family subdivisions, shall be as specified in Section 4, below. 4. Time for Fee Payment. A Fee shall be charged and paid for each Development upon issuance of the building permit for such Development, subject to applicable law. 5. Amount of Fee. The amount of the Fee shall be as follows: a. General. Connection may be made to the City's wastewater collection system drunk lines in locations approved by and subject to the regulations of the City Council, upon payment to the City of the capacity fees specified below and other specifications hereinafter indicated. b. Capacity Fee. Residential Users. A. Dwelling Unit — Single Family. The capacity fee shall be $7,166 per dwelling unit. B. Dwelling Unit —.Multi Family. The capacity fee shall be $4,744 per dwelling unit. ii. Accessory Dwelline. The capacity fee shall be $2,636 per dwelling unit. iii. Non -Residential Users. A. Formula. The wastewater capacity fee for Non-residential Users shall be based upon the daily flow, BOD and TSS of the wastewater being discharged, except the minimum fee shall be same for Residential Users per Section 5(b)(i)(A). These three parameters shall be applied as outlined in Table 12 below from the page 11 of the Report: ON Table 12 City of Petaluma Wastewater Capacity Charge Non -Residential Discharge Characteristics Source. City of Petaluma Wherein, DP = Customer's Daily Plow (gallons per day) BOD = Customer's Daily Concentration of BOD (ppd) TSS = Customer's Daily Concentration of TSS (ppd) 8-n Flow BOD TSS Non-residential Unit (gpol (ppd) (ppd) Charge Auto repair Per service bay 30 0.063 0.063 $919.44 Bakery 1,000 sq. ft 150 0.313 0.313 4,597.21 Barber 1,000 sq. ft 40 0.083 0.083 1,22592 Bowling alley Per alley 150 0.313 0.313 4,597.21 Church 1,000 sq. ft 60 0.125 0.125 1,838.88 Convalescent home Per room 90 0.188 0 188 2,758.33 Grocery w/ disposal 1,000 sq. ft 60 0.125 0 125 1,83888 Grocery w/o disposal 1,000 sq. ft 60 0.125 0.125 1,838.88 Halls (no food service) 1,000 sq ft 90 0 188 0 188 2,758.33 Hospitals Per bed 175 0.365 0.365 5,363.41 Hotels and motels with restaurants Per room 90 0.188 0.188 2,758.33 Hotels and motels w/o restaurant Per room 90 0.188 0 188 2,758.33 Misc Comm/Industrial 1,000 sq. ft 60 0.125 0.125 1,838.88 Mortuary 1,000 sq. ft 60 0.125 0.125 1,838.88 Offices, medical and professional 1,000 sq. ft 60 0.125 0.125 1,838.88 Restaurants 1,000 sq. ft 900 1.877 1.877 27,583.25 Restaurants, fast food 1,000 sq. ft 570 1.188 1.188 17,469.39 Retail 1,000 sq ft 60 0.125 0.125 1,838.88 School Per 100 students 560 1.168 1 168 17,162.91 Service station Per fuel pump 30 0.063 0 063 919.44 Spas and health clubs Per shower head 90 0.188 0.188 2,758.33 Taverns/bars Per seat 20 0 042 0.042 61296 Theater 1,000 sq. ft 90 0 188 0.188 2,75833 Source. City of Petaluma Wherein, DP = Customer's Daily Plow (gallons per day) BOD = Customer's Daily Concentration of BOD (ppd) TSS = Customer's Daily Concentration of TSS (ppd) 8-n B. Loading Parameters. Values, for DF, BOD and TSS shall be estimated using Table 12. The "Type of Business/Industry" to be used as the basis for the calculation shall be as determined by the Director or his/her designee. Loading parameters for uses not listed in Table 12 shall be as determined by the Director. C. Reconciliation. After connection, the City may, at the request of the Non -Residential User, monitor and track the customer's flow based on water use meter readings for a reconciliation period not to exceed one year. After the reconciliation period, the City may, upon request from the Non -Residential User, recalculate the capacity fee using the BOD and TSS values estimated in Table 12, which is attached to and made a part of this Resolution and the actual average flows as monitored and recorded by the City. Difference Less Than or Equal To $250. If the difference between the recalculated capacity fee and the original capacity fee is less than or equal to $250, no reconciliation shall be made. 2. Difference Of $251 or More. If the recalculated capacity fee exceeds the original capacity fee paid by $251 or more, the customer shall pay the total difference between the original capacity fee paid and the recalculated capacity fee. If the recalculated capacity fee is less than the original capacity fee paid by $251 or more, the City shall refund the total difference between the original capacity fee paid and the recalculated capacity fee. D. Capacity Fee on Rebuilding, Remodeling or Expansion of Existing Non -Residential User Facilities. In the event of any expansion, remodeling or rebuilding of any non-residential building, structure, or premises, currently connected to the wastewater system, in a manner which increases the loading parameters, an additional capacity fee shall be due. In no instance shall a refund be granted if the rebuilding, remodeling or expansion of a Non -Residential User facility decreases the size of the building or the loading parameters. The additional capacity fee for the expansion, remodeling or rebuilding of any non-residential building, structure, or premises, currently connected to the wastewater system, in a manner which increases the loading parameters, shall be calculated as follows: 1� ACF = NCF — OCF Wherein, "ACF" is the additional capacity fee; "NCF" is the new capacity fee calculated per Section 5(b)(iii)(A) with the values of the loading parameters (DF, BOD and TSS) to be determined based on the facility after the expansion, remodeling or rebuilding (note: this is not to be the incremental increase in loading — it is to represent the total loading of the facility); and "OCF" is.the old capacity fee calculated per Section 5(b)(iii)(A) with the values of the loading parameters to be based on the facility prior to any expansion, remodeling or rebuilding. 1. Industrial Relocation. This provision shall not be applied to a non-residential property or building that was formerly used for an industrial operation that has vacated the premises, relocated to a different parcel, and has received a relocation credit per Section 6. C. Annual Economic Adiustment To Caoacitv Fee. On July 1 of each year, commencing on July 1, 2014, the capacity fees and unit costs described herein shall be adjusted to account for increases or decreases in the index set forth below. The capacity fees and unit costs shall be adjusted as follows. 1. Annual Economic Adiustment To Capacity Fee For Residential Customers. The capacity fee for residential customers shall be adjusted in accordance with the following formula: NCFRes = OCFRes + ((OCFRes) x (ENR Annual Change)) Wherein, "NCFRes" is the new or adjusted capacity fee for residential customers for the upcoming fiscal year; "OCFRes" is the capacity fee in effect during the current fiscal year; and "ENR Annual Change" is the percentage change in the Engineering News Record Construction Cost Index for the San Francisco area from December for the second prior calendar year to December for the prior calendar year. 2. Annual Economic Adjustment To Capacity Fee For Accessory Dwellings. The capacity fee for accessory dwellings shall be adjusted in accordance with the following formula: NCFAcc = OCFAcc + ((OCFAcc) x (ENR Annual Change)) Wherein, "NCFAcc" is the new or adjusted capacity fee for accessory dwellings for the upcoming fiscal year: "OCFAcc" is the capacity fee in effect during the current fiscal year; and "ENR Annual Change is the percentage change in the Engineering News Record Construction Cost Index for the San Francisco area from December for the second prior calendar year to December for the prior calendar year. 3. Annual Economic Adjustment To Canacitv Fee For Non - Residential Customers. The unit costs for DF, BOD and TSS used in calculating the capacity fee for non-residential customers shall each be adjusted in accordance with the following formula: NUC = OUC + ((OUC) x (ENR Annual Change)) Wherein, "NUC" is the new or adjusted unit cost for DF, BOD or TSS for non-residential customers for the upcoming fiscal year; "OUC" is the unit cost for DF, BOD or TSS in effect during the current fiscal year: and "ENR Annual Change" is the percentage change in the Engineering News Record Construction Cost Index for the San Francisco arca from December for the second prior calendar year to December for the prior calendar year. d. Computation And Pavment Of Capacity Fees. 1. General. The Director or his/her designee shall compute all fees as set forth in this resolution. Payment for the capacity fees shall be made in full prior to connection to the wastewater utility, or discharge of wastewater from the facility if there is already a capacity to the wastewater utility. M 2. Mixed Use. Parcels that mix Residential Users and Non -Residential Users must be separately metered so Residential Users are served by a meter(s) that is separate from the meter(s) serving Non -Residential Users. 3. Refund Applications Based on 2008 Wastewater Capacity Fee Paid. Current owners of development that paid a wastewater capacity fee pursuant to Resolution 2008-097 may apply for a refund of the difference between the that fee and the wastewater capacity fee imposed by this resolution (`current fee"), subject to the following: a. To be eligible for a refund, current development owners must certify in writing to the' City that the owner has not recovered or is not recovering from third parties such as tenants or others the amount of the prior fee paid or the amount by which the prior fee exceeds the current fee. b. Any refunds pursuant to this provision shall only be paid from existing, un -obligated, unspent Fee revenue balances. The City will have no obligation to pay refunds to any owner absent sufficient existing, un - obligated, unspent Fee revenue balance available for that purpose. C. If existing, un -obligated, unspent Fee revenue balances are insufficient to cover eligible applications for refund, such eligible applications shall be paid refunds a pro rata basis in accordance with applicable law. 6. Allowance for Industrial Relocation Credit a. Oualification for Industrial Relocation Credit i. Apolicability. This section shall apply to Industrial Wastewater only, not to domestic wastewater. If the transfer of an industry discharging Industrial Wastewater to a different parcel! of land does not impose any additional burden on the City's wastewater utility, a credit, which shall be referred to as a relocation credit, may be allowed, provided that: A. Same Operation. Essentially the same industrial operation, as determined by the Director, has been transferred from one parcel to another and such operation was previously connected to the City's wastewater utility; B. Ownership. The same person now making claim to the relocation credit owned the industrial operation prior to the transfer and will continue to own the industrial operation at the new location. C. Abandonment. The owner has demonstrated to the satisfaction of the City that the industrial operation has been abandoned from the parcel from which the transfer has occurred, or presented a certification in writing that such industrial operation will be abandoned within six (6) months of the City approving an application for connection. Should the industrial operation not be abandoned within the prescribed period, the relocation credit shall be revoked and a capacity fee, with respect to the parcel to which the industrial operation transferred, shall be due and payable as of the date said parcel was connected to the City's wastewater utility. D. Disconnection. The connection to the wastewater utility at the prior parcel has been disconnected and capped, the meter has been removed', and the account closed. Any subsequent use of the prior parcel requiring connection to the wastewater system will pay a new wastewater capacity fee in accordance with this resolution. E. Capacity. There is adequate capacity in the City's wastewater utility to accommodate connection of the industrial operation to be transferred. ii. Basis for Relocation Credit. The capacity fee for the relocated industrial operation shall be calculated per Section 5(b)(iii)(A). If the loading parameters (DF, BOD, TSS) for the industrial operation at its new location are equivalent to the loading parameters for the industrial operation at its prior location, no additional capacity fee shall be applied. If the loading parameters for the industrial operation at its new location will be increased over the loading parameters for the industrial operation at its prior location, then an additional capacity fee shall be calculated per Section 5(b)(iii)(D). 7. Capacity Fees for Restaurants and Laundromats Usine Best Available Technolopv. If a restaurant or Laundromat applies for a wastewater capacity fee and installs and continues to use the most water efficient hardware, fixtures, and systems (Best Available Technology) as determined by the Director, the wastewater capacity fee will be 50% less than the fee determined by 12. 8. Use of Fee Revenue. In accordance with Government Code Section 66013(c), the revenues raised by payment of the Fee shall be placed in a separate, interest bearing account to permit accounting for such revenues and the interest which they generate. Such revenues and interest shall be used only for the Facilities and the purposes for which the Fee was collected, which are the following: a. To pay for acquisition of the Facilities: b. To pay for design, engineering, construction of and property acquisition for, and reasonable costs of outside consultant studies related to, the Facilities: C. To reimburse the City for the Facilities constructed by the City with funds from other sources including funds from other public entities, unless such funds were obtained from grants or gifts intended by the grantor to be used for the Facilities. d. To reimburse developers that have designed and constructed any of the Facilities with prior City approval and have entered into an agreement, as provided in Section 12 below: and C. To pay for and/or reimburse costs of program development and ongoing administration and maintenance of the Fee program, including, but not limited to, the cost of studies, legal costs, and other costs of updating the Fee. 9. Standards. The Standards upon which the need for the Facilities is based are the standards of the City, including the standards contained in the General Plan and its EIR and those City standards reflected in the Report. 10. Periodic Review. In. accordance with Government Code Section 66013(d), the City shall make available to the public, within 180 days after the last day of each fiscal year, the following information for that fiscal year: a. A description of the charges deposited in the account. b. The beginning and ending balance of the account and the interest earned from investment of moneys in the account. C. The amount of charges collected in that fiscal year. d. An identification of all of the following: i. Each public improvement on which charges were expended and the amount of the expenditure for each improvement, including the percentage of the total cost of the public improvement that was funded with those charges if more than one source of funding was used. ii. Each public improvement on which charges were expended that was completed during that fiscal year. iii. Each public improvement that is anticipated to be undertaken in the following fiscal year. iv. A description of each interfund transfer or loan made from the capital facilities fund. The information provided, in the case of an interfund transfer, shall identify the public improvements on which the transferred moneys are, or will be. expended. The information, in the case of an interfund loan, shall include the date on which the loan will be repaid, and the rate of interest that the fund will receive on the loan. The information required pursuant to this Section 10 may be included in the City's annual financial report. The information prescribed in this Section 10 shall not apply to: moneys received to construct public facilities pursuant to a contract between a local agency and a person or entity, including, but not limited to, a reimbursement agreement pursuant to Government Code Section 66003, or to charges that are used to pay. existing debt service or which are subject to a contract with a trustee for bondholders that requires a different accounting of the charges, or charges that are used to reimburse the local agency or to reimburse a person or entity who advanced funds under a reimbursement agreement or contract for facilities in existence at the time the charges are collected. 11. Subsequent Analvsis and Revision of the Fee. The Fee set forth herein is adopted and implemented by the City Council in reliance on the Record identified above. The City may continue to conduct further study and analysis to determine whether the Fee should be revised. When additional information is available, the City Council may review the Fee to determine that the Fee amounts remain reasonably related to the MO. impacts of development within the City of Petaluma and areas included in the City's General Plan. The City Council may revise the Fee to incorporate findings and conclusions of further studies and any standards in General Plan and/or the General Plan E1R, as well as increases due to inflation and increased construction costs. 12. Credits and Reimbursement for Developer Constructed Facilities. The Citv and a developer may enter into an improvement agreement to allow the developer to construct certain of the Facilities. Entering such ,an agreement is within the City's sole discretion. Such agreement shall provide for security for the developer's commitment to construct the Facilities and shall refer to this, Resolution for credit and reimbursement. If the City enters into such an agreement with a developer prior to construction of one or more of the Facilities, the City shall provide the developer a credit in accordance with the following: a. Credit Amount. The credit shall be in the amount of the lowest bid received for construction of the facility, as approved by the Director. However, in no event shall a credit pursuant to this provision exceed the current facility cost. For the purposes of this section, such current facility cost shall be the amount listed in the Report for that particular facility as subsequently adjusted pursuant to this Resolution prior to issuance of the building permit for that facility. Once issued. credit pursuant to this section shall not be adjusted for inflation or any other factor. Credit provided pursuant to this section is not transferable. b. Application of Credit. Credit pursuant to this section may be applied by developers against the Fee applicable to a particular project until the credit is exhausted or an excess credit results. The total credit shall be divided by the number of units (for a residential project) to determine the amount of credit which can be applied against the Fee for each unit and, if the credit per unit is less than the Fee per unit, the developer shall pay the difference for each unit. If a credit pursuant to this section is less than the Fee applicable to a particular non-residential development project, the developer shall pay the City the balance in cash. C. Reimbursement for Excess Credit. Reimbursement for excess credit shall only be from remaining unspent Fee revenues., Once all the Facilities have been constructed or acquired and to the extent Fee revenues are sufficient to cover all claims for reimbursement of Fee revenues, including reimbursement for excess credit, developers with excess credit shall be entitled to reimbursement, subject to such developers certifying in writing to the City that the cost of constructing the facility which resulted in an excess credit was not passed on to homeowners, and indemnifying the City from land owner claims for reimbursement under Government Code Section 66000 et seq. and Section 66001 in particular. If remaining fee revenues after all of the facilities have been constructed or acquired are insufficient to cover all claims for reimbursement of fee revenues, such claims, including claims for reimbursement of excess credit, shall be reimbursed on a pro rata basis in accordance with applicable law. 13. Effective Date. This resolution and the Fee imposed pursuant to Section 2 shall become effective on the effective date of Ordinance No. N.C.S. 14. Severabilitv. Each component of the Fee and all portions of this Resolution are severable. Should any individual component of the Fee or other provision of this, Resolution be adjudged to be invalid and unenforceable, the remaining component or provisions shall be and continue to be fully effective, and the Fee shall be fully effective except as to that component that has been judged to be invalid. 15. Supersession/Retpeal/Savings. All resolutions and parts thereof in conflict with the provisions of this Resolution are superseded and repealed, effective on the effective date of the Fee imposed pursuant to Section 2. However, violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective date of this Resolution, under any chapter, ordinance, or part of an ordinance, or resolution or part of a resolution, shall be deemed to remain in full force for -the purpose of sustaining any proper suit, action, or other proceedings, with respect to any such violation, right, liability or appeal. M