HomeMy WebLinkAboutOrdinance 2444 N.C.S. 09/10/20129
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EFFECTIVE DATE
OF ORDINANCE
October 10, 2012
Introduced by
Mike Healy
ORDINANCE NO. 2444 N.C.S
Seconded by
Mike Harris
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 17.35.010 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" 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 City 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 a single title and 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 fee
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,
Ordinance No. 2444 N.C.S.
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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 20.34.090 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 Fee Act Nexus Report &
Quimby Act In -Lieu Fee 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 community park land
within the city as calculated pursuant to subdivision ja)paragraph (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 determined 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 determined 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 interest, convenience, health, safety and welfare require
that 3.4 acres of park land for each one thousand persons residing in a
subdivision within the city subject to this chapter be dedicated for local park and
recreation purposes within city jurisdiction, or that equivalent fees be paid or a
combination of both. In accordance with subdivision (a) paragraph (5) of the
Quimby Act, it is found and determined that the amount 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 formula:
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 area 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.
2, The park and recreation area required per dwelling unit is established
as follows:
50 a. Single -Family Unit. For dwelling units to be constructed on
51 property zoned for single-family development, or for projects
Ordinance No. 2444 N.C.S.
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Section 2.
Section 3.
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approved for such development, each unit is assigned 2.915
residents.
Therefore, A = 2.915 x 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 x 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 permitted, or for
projects approved for such development, each unit is assigned 1.0
resident.
Therefore, A = 1.0 x 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 final map. When the subdivision is located in an area zoned for multiple
dwelling units per parcel, the number of dwelling units shall equal the maximum
number of dwelling units allowed under that zone. For residential condominium
projects, the number of dwelling units shall equal the number of condominium
units indicated on the final 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 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 time by city council resolution and water capacity fees adopted
pursuant to Chapter 19.28 of this code.
Subdivision B of Section 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.
Ordinance No. 2444 N.C.S.
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Section 4.
Section 5.
Section 6
Sections 11.80.010 through 11.80.140, 17.12.010 through 17.12.050, 17.14.010
through 17.14.090, and 17.35.010 through 17.35.080 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 1 1.80.010 through 1 1.80.140 relating to traffic impact
development fees.
B. Sections 17.12.010 through 17.12.050, relating to park land acquisition for
non -Quimby act development.
C. Sections 17.14.010 through 17.14.090, relating to various fees for city
facilities, including aquatic center, Community Center, library, fire
suppression, law enforcement and public facilities.
D. Sections 17.35.010 through 17.35.080 relating to commercial development
housing linkage fees.
New Title 19, entitled "Development Fees," Added.
A new title 19 entitled "Development Fees" is hereby added to the Petaluma
Municipal Code.
New Chapter 19.04, entitled "City Facilities Development Impact Fee" new
Chapter 19.08, entitled "Open Space Land Acquisition Fee," new 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"; added.
A new Chapter 19.04 entitled "City Facilities Development Impact Fee"; a new
Chapter 19.08 entitled "Open Space Land Acquisition Fee"; a new Chapter
19.12 entitled "Park Land Acquisition Fee (Non -Quimby Act)"; a new Chapter
1'9.16 entitled "Park land Development Impact Fee"; a new Chapter 19.20
entitled "Reserved"; a new Chapter 19.24 entitled "Traffic Development Impact
Fee"; a new Chapter 19.28 entitled "Water Capacity Fee"; a new Chapter 19.32
entitled "Wastewater Capacity Fee"; and a new Chapter 19.36 entitled
"Commercial Development Housing Linkage Fee," are hereby added to Title 19
of the Petaluma Municipal Code to read in full as follows:
Ordinance No. 2444 N.C.S.
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Chapter 19.04
Chapter 19.08
Chapter 19.12
Chapter 19.16
Chapter 19.20
Chapter 19.24
Chapter 19.28
Chapter 19.32
Chapter 19.36
19.04.010 Purpose.
TITLE 19
DEVELOPMENT RELATED FEES
City Facilities Development Impact Fee
Open Space Land Acquisition Fee
Park Land Acquisition Fee (Non -Quimby Act)
Park Land Development Impact Fee
Reserved
Traffic Development Impact Fee
Water Capacity Fee
Wastewater Capacity Fee
Commercial Development Housing Linkage Fee
CHAPTER 19.04
CITY FACILITIES DEVELOPMENT IMPACT FEE
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 city and to provide for
payment of each development's fair share of the construction and acquisition costs of
such improvements needed to serve such new development. In establishing the city
facilities 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 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 development 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, law
enforcement, library and public facilities including city hall, corporation yard and other
facilities) required to provide public services for 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 city facilities fee, describe the benefit and impact area on which the
city facilities fee is imposed, 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 types of future
development projects on which the city facilities fee is imposed, and set forth time for
payment.
Ordinance No. 2444 N.C.S.
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1 19.04.030 Use of Fee Revenues.
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3 The revenues raised by payment of the city facilities fee shall be accounted for in a
4 capital project fund. Separate and special accounts within the fund shall be used to
5 account for revenues, along with any interest earnings on such account. These monies
6 shall be used for the following purposes:
8 A. To pay for property acquisition, including right-of-way acquisition, design,
9 engineering, construction and acquisition of the public facilities designated in the city
10 facilities fee resolution and reasonable costs of outside consultant studies related thereto;
12 B. To reimburse the city for designated public facilities constructed by the
13 city with funds (other than gifts or grants) from other sources together with accrued
14 interest; and,
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C. To reimburse the city for its costs incurred in establishing, updating,
administering and maintaining the city facilities fee in accordance with the Mitigation
Fee Act, this chapter, and other applicable law.
19.04.040 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 city facilities
fees, a credit against the city facilities fee otherwise 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 city facilities as estimated by
the city in adopting the city fadlities 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.
19.04.050 Administrative Guidelines.
The city council may, by resolution, adopt administrative guidelines to provide
procedures for calculation, payment and other administrative aspects of the city
facilities fee.
Ordinance No. 2444 N.C.S. Page 6
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CHAPTER 19.08
OPEN SPACE LAND ACQUISITION FEE
19.08.010 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 open
space land must be acquired. The city council has determined that an open space land
acquisition fee is needed in order to finance public facilities required to provide open
space facilities for new development in the city and to provide for payment of each
development's fair share of the acquisition costs of such facilities needed to serve such
new development. In establishing the open space 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.
19.08.020 Petaluma Open Space Land Acquisition 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 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 open space fee, describe the benefit and impact area on which the
open space fee is imposed, list the open space facilities to be financed, describe the
estimated cost of the facilities, describe the reasonable relationship between the use of
the open space fee and the need for the public facilities and the types of future
development projects on which the open space fee is imposed, 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 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, including right-of-way acquisition, design,
engineering, construction and acquisition of the open space and 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,
Ordinance No. 2444 N.C.S.
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C. To reimburse the city for its costs incurred in establishing, updating,
administering, and maintaining the open space fee in accordance with the Mitigation
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 facilities that have been designated to be financed with open
space fees, a credit against the open space fee otherwise established by this chapter
concerning the development project for the developer's actual 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 offered by 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 open space fee revenues only.
19.08.050 Administrative Guidelines.
The city council may, by resolution, adopt administrative guidelines to provide
procedures for calculation, payment and other administrative aspects of the open
space fee.
Ordinance No. 2444 N.C.S.
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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 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 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 acquisition costs of
such improvements needed to serve such new development. In establishing the park
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.
("Mitigation Fee Act") to pay for public park facilities required by the city to provide
recreational services to new development in the city 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 city 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 the 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 payment of the non -Quimby Act park land 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, including right-of-way acquisition, design,
engineering, construction and acquisition of the public facilities
designated in the fee resolution and reasonable costs of outside
consultant studies related thereto,
Ordinance No. 2444 N.C.S.
Page 9
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 -Quimby 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 with non -Quimby
Act park land fees, a credit against the fee otherwise 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 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.
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23 The city council may, by resolution, adopt administrative guidelines to provide
24 procedures for calculation, payment and other administrative aspects of the non-
25 Quimby Act park land fee.
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Ordinance No. 2444 N.C.S. Page 10
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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 feeds 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 development'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
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.
19.16.020 Petaluma Park Land Development Impact Fee Established.
A. A park land development impact fee ("park land development fee") is
established pursuant to California Government Code Section 66000, et
seq. ("Mitigation Fee Act") to pay for construction of public park facilities
required by the city to provide recreational services to new development
in the city.
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 for 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, including right-of-way acquisition, design,
engineering, construction and acquisition of the public facilities
designated In the park land development fee resolution and reasonable
costs of outside consultant studies related thereto;
Ordinance No. 2444 N.C.S.
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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 park land development fee in
accordance with the Mitigation 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 permit 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 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 park land development fee
shall be offered by the city and, if the parkland development fee is less than such
amount, the developer shall be entitled to reimbursement. Reimbursement shall be from
the park land development fee revenues only.
19.16.050 Administrative Guidelines.
The city council may, by resolution, adopt administrative guidelines to provide
procedures for calculation, payment and other administrative aspects of the park land
development fee.
Ordinance No. 2444 N.C.S.
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CHAPTER 19.20
RESERVED
Ordinance No. 2444 N.C:S.
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CHAPTER 19.24
TRAFFIC DEVELOPMENT IMPACT FEE
19.24.010 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 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 acquisition costs of such improvements needed to serve such new
development. In establishing the traffic 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 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.
19,24.020 Petaluma Traffic Development Impact Fee Established.
A. A traffic development impact fee ("traffic impact fee") is established
pursuant to California Government Code Section 66000, of 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.
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 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 Revenues.
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 any 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 in the fee resolution and reasonable costs of outside
consultant studies related thereto;
Ordinance No. 2444 N.C.S.
Page 14
1 B. To reimburse the city for designated public facilities constructed by the
2 city with funds (other than gifts or grants) from other sources together with
3 accrued interest; and,
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5 C. To reimburse the city for its costs incurred in establishing, updating,
6 administering, and maintaining the traffic impact fee in accordance with
7 the Mitigation Fee Act, this chapter, and other applicable law.
9 19.24,040 Developer Construction of Facilities.
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11 If a developer is required, as a condition of approval of a permit or other entitlement, to
12 construct a public facility that has been designated to be financed with traffic impact
13 fees, a credit against the fee otherwise established by this chapter concerning the
14 development project for the developer's actual cost of constructing the public facility in
15 an amount not to exceed the cost of such public facilities as estimated by the city in
16 adopting the fee shall be offered by the city and, if the fee is less than such amount, the
17 developer shall be entitled to reimbursement. Reimbursement shall be from traffic
18 impact fee revenues only.
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23 procedures for calculation, payment and other administrative aspects of the traffic
24 impact fee.
Ordinance No. 2444 N.C.S. Page 15
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 in 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 to finance public facilities required to provide
water 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 improvements
needed to serve such new development. In establishing the water capacity 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.
19.28.020 Petaluma Water Capacity Fee Established.
A. A water capacity fee ("water capacity fee") is established pursuant to
California Government Code Section 66013 to 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 subdivision (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.
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 wafer 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 for the public facilities improvements and the types of future
development projects on which the water capacity fee is imposed, 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:
A. To pay for property acquisition, including right-of-way acquisition, design,
engineering, construction and acquisition of the public facilities
designated in the fee resolution and reasonable costs of outside
consultant studies related thereto;
Ordinance No. 2444 N.C.S. Page 16
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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 Government 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 permit or other entitlement, to
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 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 the city 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.
Ordinance No. 2444 N.C.S.
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CHAPTER 19.32
WASTEWATER CAPACITY FEE
19.32.010 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 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 improvements needed to serve
such new development. In establishing the wastewater capacity 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.
19.32.020 Petaluma Wastewater Capacity Fee Established.
A. A wastewater capacity fee ("wastewater capacity fee") is established
pursuant to California Government Code 66013 to pay for to pay for
publicly -owned wastewater facilities in the city. Pursuant to Government
Code Section 66013, the wastewater capacity fee is not a development
impact fee. In accordance with subdivision (h) of Government Code
Section 66013, the wastewater 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 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 the need for the public facilities improvements and the
types of future development projects on which the wastewater capacity
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 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, including right-of-way acquisition, design,
engineering, construction and acquisition of the public facilities
designated In the fee resolution and reasonable costs of outside
consultant studies related thereto;
Ordinance No. 2444 N.C.S.
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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 wastewater capacity fee in
accordance with Government Code Section 66013, 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 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 city and, if the fee is less than such
amount, the developer shall be entitled to reimbursement. Reimbursement shall be from
wastewater capacity fee revenues only.
19.32.050 Administrative Guidelines.
The city council may, by resolution, adopt administrative guidelines to provide
procedures for calculation, payment and other administrative aspects of the wastewater
capacity fee.
Ordinance No. 2444 N.C.S.
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CHAPTER 19.36
COMMERCIAL DEVELOPMENT HOUSING LINKAGE FEE
19.36.010 Purpose.
A. Mitigation of Affordable Housing Impacts Linked to Nonresidential Development. The
purpose of this chapter is to (1) implement the goals and objectives of the general plan
housing element of the city of Petaluma; (2) mitigate the housing Impacts caused by
new, changed and expanded nonresidential development in the city of Petaluma; (3)
provide housing affordable to persons who earn between eighty and one hundred
percent of the area median income. The city council has determined that affordable
housing requirements are needed, has found the following requirements 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 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 are experiencing increasing difficulty in locating and maintaining
adequate, safe and sanitary affordable housing,
B. Housing Needs and Impacts Created by Nonresidential Development. Pursuant to
the Sonoma County Workforce Housing 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 on an already impacted housing stock. Current and new employees who are
unable to find affordable housing in the jurisdictions in which they work are forced to
commute long distances. This situation adversely affects their quality of life, consumes
limited energy resources, increases traffic congestion and has a negative impact on air
quality. Employers have or will have problems attracting a labor force because of the
shortage of housing affordable to many workers.
C. Means of Meeting Affordable Housing Demand. Increasing the production and
availability of affordable housing is problematic. Prices and rents for affordable housing
remain below 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 units solely through private action. Federal and state housing
finances 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.
Ordinance No. 2444 N.C.S.
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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 in 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 Between Affordable Housing Need Created and Fee
Requirement. The unit requirements and housing fees contained in this chapter are
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 providing affordable housing opportunities and the economic 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 mean the total cost of monthly housing payments 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.
"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 MSA.
"Nexus Study" shall mean the "Sonoma County Workforce Housing Linkage Fee Study"
published by Economic and Planning Systems, Inc., in December 2001 as may be
amended from time to time.
Ordinance No. 2444 N.C.S.
Page 21
I "Nonresidential development' or "development project" for purposes of this chapter
2 shall mean any project resulting in new or expanded nonresidential gross square
3 footage.
(Ord. 2403 NCS §2, 2011: Ord. 2171 NCS § I (part), 2003.)
19.36.040 Application and calculation of fee.
A. Payment of Fees Required. 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.
14 B. Determination of Land Uses. For the purposes of this chapter, nonresidential land uses
15 shall be divided into three classifications: commercial, retail, and industrial. When
16 necessary, the director of community development or such other person as may be
17 designated by the city manager shall determine the land use classification that most
18 accurately describes the nonresidential development, or in the case of mixed use
19 developments, the portion thereof, for the purposes of determining the fee to be
20 imposed.
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22 C. Computation of Fees. The fee charged shall be established from time to time by
23 resolution of the city council and adjusted consistent with the provisions of such resolution
24 and this chapter.
D. Adjustment of Fee. The fees specified herein shall increase or decrease annually by
the some 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 comparison of the most recent Index to the Index in 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 July 1st.
F. Time 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 city, at the time a new business license is
issued.
19.36.050 Fee credit or refund.
A. Fee Credit. A developer of any project subject to the fee requirement of this chapter
may apply 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 community 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 commencement of a new, changed, or expanded use for
which a fee would be payable.
Ordinance No. 2444 N.C.S. .Page 22
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19.36.060 Use of fees.
A. Use and Disbursement of Monies in the Fund. Monies collected pursuant to this
chapter shall be used in accordance with and in support of activities to implement the
city's adopted housing element, consolidated plan, and implementation plan. Activities
shall be limited 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 predevelopmeht 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 administering, maintaining and updating
the program. Monies in the fund may be disbursed, hypothecated, collateralized, or
otherwise employed for these purposes from time 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, predevelopment 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.
B. Accounting of Fees. All fees shall be deposited into a segregated account and all
expenditures of funds from the same shall be documented and available for public
inspection during regular business hours.
19,36.070 Amendment of Fee.
This fee may be adjusted from time to time, based upon amendments or updates to the
Nexus Study, or based on any other data and analysis which the city council determines
to be applicable to the continued establishment of this fee.
Section 7. Compliance with the California Environmental Quality Act.
The purpose of this ordinance is to authorize funding mechanisms for capital
projects necessary to maintain services and facilities within the City's existing
service areas. The City currently provides services and facilities to the community,
and the fees authorized for adoption by this ordinance will be used to maintain
current service levels and equivalent facilities for the community through butdout
of the Petaluma General Plan . 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.
Ordinance No. 2444 N.C.S.
Page 23
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Section 9. Effective Date(s) of Amendments to the Petaluma Municipal Code.
Each section and subdivision of the Petaluma Municipal Code listed in Sections 1
through 3 of this ordinance shall be amended, each section of the Petaluma
Municipal Code listed in Section 4 of this ordinance shall be repealed, and each
new title of the Petaluma Municipal Code listed in Section 5 of this ordinance and
each new chapter of the Petaluma Municipal Code listed in 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.
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/pushed this 271hday of August 2012.
ADOPTED this 1 Oth of September 2012, by the following vote:
Ayes:
Albertson, Mayor Glass, Harris, Healy, Kearney, Vice Mayor Renee
Noes:
Barrett
Abstain:
None
Absent:
None
, � I'Z a,
David Glass, Mayor
ATTEST: APPROVED AS TO FORM:
Eric Donly, City ftorney
Ordinance No. 2444 N.C.S.
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