HomeMy WebLinkAboutOrdinance 2444 N.C.S. 09/10/2012 EFFECTIVE DATE ORDINANCE NO. 2444 N.C.S
OF ORDINANCE
October 10, 2012
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3 Introduced by Seconded by
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6 Mike Healy Mike Harris
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10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA: AMENDING
I 1 PETALUMA MUNICIPAL CODE SECTIONS 20.34.090, 15.08.010, AND 15.72.020;
12 REPEALING SECTIONS 17.35.010 THROUGH 17.35.080, SECTIONS 11.80.010
13 THROUGH 11.80.140, SECTIONS 17.12.010 THROUGH 17.12.050, AND SECTIONS
14 17.14.010 THROUGH 17.14.090; AND ADDING NEW TITLE 19, ENTITLED
15 "DEVELOPMENT FEES," NEW CHAPTER 19.04 ENTITLED "CITY FACILITIES
16 DEVELOPMENT IMPACT FEE," NEW CHAPTER 19.08 ENTITLED "OPEN SPACE
17 LAND ACQUISITION FEE," CHAPTER 19.12 ENTITLED "PARK LAND ACQUISITION
18 FEE (NON-QUIMBY ACT)," NEW CHAPTER 19.16 ENTITLED "PARK LAND
19 DEVELOPMENT IMPACT FEE," NEW CHAPTER 19.20 ENTITLED "RESERVED,"
20 NEW CHAPTER 19.24 ENTITLED "TRAFFIC DEVELOPMENT IMPACT FEE,"
21 NEW CHAPTER 19.28 ENTITLED "WATER CAPACITY FEE," NEW CHAPTER 19.32
22 ENTITLED "WASTEWATER CAPACITY FEE," AND NEW CHAPTER 19.36 ENTITLED
23 "COMMERCIAL DEVELOPMENT HOUSING LINKAGE FEE" IN AND TO THE
24 CITY OF PETALUMA MUNICIPAL CODE
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27 WHEREAS, pursuant to section 66000 and following of the California Government Code
28 (the "Mitigation Fee Act"), the Petaluma City Council has adopted a development fee program
29 to recover costs associated with projected impacts that development will have on the City's
30 infrastructure and services; and,
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32 WHEREAS, enabling legislation for the development fee program is contained in various
33 chapters of the Petaluma Municipal Code; and,
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35 WHEREAS, the City Council desires to consolidate most of the City's development related
36 fees into a single title and to update the findings supporting the imposition of such fees in
37 accordance with current provisions of the Mitigation Fee Act and other applicable law, and to
38 facilitate ongoing administration and consistent application of the City's development fee
39 program; and,
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41 WHEREAS, the City Council desires to update its park land dedication/in lieu fee
42 requirement adopted pursuant to California Government Code section 66477 (the "Quimby
43 Act") codified in Chapter 20.34 entitled Park and Recreation Land Dedication and Improvement
44 of the Petaluma Municipal Code.
Ordinance No. 2444 N.C.S. Page 1
1 NOW, THEREFORE, the City Council of the City of Petaluma does ordain as follows:
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3 Section 1. Section 20.34.090 Entitled "Amount of Park Land Required" of the Petaluma
4 Municipal Code Amended.
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6 Section 20.34.090 entitled "Amount of Park Land Required" of the Petaluma
7 municipal Code is hereby amended to read in full as follows:
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9 20.34.090 Amount of park land required.
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11 It is found and determined in accordance with subdivision (a), paragraph (2) of
12 the Quimby Act, the general plan, and the Mitigation Fee Act Nexus Report &
13 Quimby Act In-Lieu Fee Report ("Report") prepared by Municipal Resource
14 Group, dated August 14, 2012, including Chapter 5, as adopted by the city
15 council, that the amount of existing neighborhood and community park land
16 within the city as calculated pursuant to subdivision ja)paragraph (2) of the
17 Quimby Act equals or exceeds five acres of park land for each one thousand
18 persons residing within the city. It is also found and determined in accordance
19 with the general plan that the public interest, convenience, health, safety and
20 welfare require maintaining a park standard of five acres per one thousand
21 residents. It is further found and determined in accordance with the Report that
22 based on the city's existing park land inventory, a park land dedication standard
23 of 3.4 acres per one thousand residents will maintain a park land standard of five
24 acres per one thousand residents through general plan build out; and that
25 therefore the public interest, convenience, health, safety and welfare require
26 that 3.4 acres of park land for each one thousand persons residing in a
27 subdivision within the city subject to this chapter be dedicated for local park and
28 recreation purposes within city jurisdiction, or that equivalent fees be paid or a
29 combination of both. In accordance with.subdivision (a)paragraph (5) of the
30 Quimby Act, it is found and determined that the amount of land to be
31 dedicated, or fees to be paid, bear a reasonable relationship to the use of the
32 park and recreational facilities by the future inhabitants of the subdivision. In
33 accordance with subdivision (a) paragraph(2) of the Quimby Act, the amount of
34 land to be dedicated shall be calculated according to the following formula:
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LAND = AxB
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37 A. "A" means the park and recreation area required per dwelling unit, based
38 on the type of dwelling units of the proposed subdivision and the park area per
39 one thousand city residents.
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41 1. The park area of the city is determined to be 5.1 acres per one
42 thousand residents, or .0051 acres per resident, The park area required to
43 be dedicated to maintain a park land standard of five acres per one
44 thousand residents through general plan build out is 3.4 acres per one
45 thousand residents or .0034 acres per resident.
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47 2. The park and recreation area required per dwelling unit is established
48 as follows:
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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. Page 2
1 approved for such development; each unit is assigned 2.915
2 residents.
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4 Therefore, A = 2.915 x 0.0034 = 0.0099 acres required per unit.
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6 b. Multifamily Unit. For dwelling units to be constructed on
7 property zoned for multiple-family development, or for projects
8 approved for such development, each unit is assigned 1.963
9 residents.
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11 Therefore, A = 1.963 x 0.0034 = 0.0067 acres required per unit.
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13 c. Accessory dwelling unit, For accessory dwelling units to be
14 constructed on property where such units are permitted, or for
15 projects approved for such development, each unit is assigned 1.0
16 resident.
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18 Therefore, A = 1 .0 x 0.0034 = .0034 acres required per unit.
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20 B. "B" means the number of dwelling units in the proposed subdivision. For the
21 purpose of this section, the number of dwelling units in the proposed subdivision
22 shall be determined as follows: In areas zoned for one dwelling unit per lot or
23 parcel, the number of dwelling units shall equal the number of parcels indicated
24 on the final map. When the subdivision is located in an area zoned for multiple
25 dwelling units per parcel, the number of dwelling units shall equal the maximum
26 number of dwelling units allowed under that zone. For residential condominium
27 projects, the number of dwelling units shall equal the number of condominium
28 units indicated on the final map. For planned development projects, the number
29 of dwelling units shall equal the number of dwelling units indicated on the
30 approved planned development plan.
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32 Section 2. Section 15.08.010 Entitled "Permit Required - Charges" of the Petaluma Municipal
33 Code Amended.
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35 Section 15.08.010 entitled "Permit Required - Charges" of the Petaluma municipal
36 Code is hereby amended to read in full as follows:
37 An applicant for water service shall connect with the water system only after
38 obtaining a permit to do so and shall pay connection charges as established
39 from time to time by city council resolution and water capacity fees adopted
40 pursuant to Chapter 19.28 of this code.
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42 Section 3. Subdivision B of Section 15.72.020 Entitled "Types of Charges and Fees" of the
43 Petaluma Municipal Code Amended.
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45 Subdivision B of section 15.72.020 entitled "Types of Charges and Fees" of the
46 Petaluma municipal Code is hereby amended to read in full as follows:
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48 B. Charges for connection to the city sewer and wastewater capacity fees
49 adopted pursuant to Chapter 19.28 of this code.
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Ordinance No. 2444 N.C.S. Page 3
1 Section 4. Sections 11.80.010 through 11.80.140, 17.12.010 through 17.12.050, 17.14.010
2 through 17.14.090, and 17.35.010 through 17.35.080 Repealed.
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4 The following sections of the City of Petaluma Municipal Code are hereby
5 repealed in their entirety effective on the date(s) indicated in Section 10 below,
6 "Effective Date(s) of Amendments:"
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8 A. Sections 11.80.010 through 11.80.140 relating to traffic impact
9 development fees.
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11 B. Sections 17.12.010 through 17.12.050, relating to park land acquisition for
12 non-Quimby act development.
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14 C. Sections 17.14.010 through 17.14.090, relating to various fees for city
15 facilities, including aquatic center, Community Center, library, fire
16 suppression, law enforcement and public facilities.
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18 D. Sections 17.35.010 through 17.35.080 relating to commercial development
19 housing linkage fees.
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21 Section 5. New Title 19, entitled "Development Fees," Added.
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23 A new title 19 entitled "Development Fees" is hereby added to the Petaluma
24 Municipal Code.
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26 Section 6. New Chapter 19.04, entitled "City Facilities Development Impact Fee" new
27 Chapter 19.08, entitled "Open Space Land Acquisition Fee," new Chapter 19.12,
28 entitled "Park Land Acquisition Fee (Non-Quimby Act)," new Chapter 19.16,
29 entitled "Park Land Development Impact Fee," new Chapter 19.20, entitled
30 "Reserved," new Chapter 19.24, entitled "Traffic Development Impact Fee," new
31 Chapter 19.28, entitled "Water Capacity Fee," new Chapter 19.32, entitled
32 "Wastewater Capacity Fee," and new Chapter 19.36 entitled "Commercial
33 Development Housing Linkage Fee"; added.
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35 A new Chapter 19.04 entitled "City Facilities Development Impact Fee"; a new
36 Chapter 19.08 entitled "Open Space Land Acquisition Fee"; a new Chapter
37 19.12 entitled "Park Land Acquisition Fee (Non-Quimby Act)"; a new Chapter
38 19.16 entitled "Park land Development Impact Fee"; a new Chapter 19.20
39 entitled "Reserved"; a new Chapter 19.24 entitled "Traffic Development Impact
40 Fee"; a new Chapter 1 9.28 entitled "Water Capacity Fee"; a new Chapter 19.32
41 entitled "Wastewater Capacity Fee"; and a new Chapter 19.36 entitled
42 "Commercial Development Housing Linkage Fee," are hereby added to Title 19
43 of the Petaluma Municipal Code to read in full as follows:
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Ordinance No. 2444 N.C.S. Page 4
TITLE 19
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3 DEVELOPMENT RELATED FEES
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5 Chapter 19.04 City Facilities Development Impact Fee
6 Chapter 19.08 Open Space Land Acquisition Fee
7 Chapter 19.12 Park Land Acquisition Fee (Non-Quimby Act)
8 Chapter 19.16 Park Land Development Impact Fee
9 Chapter 19.20 Reserved
10 Chapter 19.24 Traffic Development Impact Fee
11 Chapter 19.28 Water Capacity Fee
12 Chapter 19.32 Wastewater Capacity Fee
13 Chapter 19.36 Commercial Development Housing Linkage Fee
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15 CHAPTER 19.04
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17 CITY FACILITIES DEVELOPMENT IMPACT FEE
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19 19.04.010 Purpose.
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21 In order to implement the goals and objectives of the Petaluma General Plan and to
22 mitigate the impacts caused by future development in the city, certain public facilities
23 must be constructed. The city council has determined that a city facilities development
24 impact fee is needed in order to finance general public facilities (aquatic center,
25 community center, fire suppression, law enforcement, library and public facilities)
26 required to provide public services for new development in the city and to provide for
27 payment of each development's fair share of the construction and acquisition costs of
28 such improvements needed to serve such new development. In establishing the city
29 facilities development impact fee described in the following sections, the city council
30 has found the fee to be consistent with its general plan, and, pursuant to Government
31 Code Section 65913.2, has considered the effects of the fee with respect to the city's
32 housing needs as established in the housing element of the general plan.
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34 19.04.020 Petaluma City Facilities Development Impact Fee Established.
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36 A. A city facilities development impact fee ("city facilities fee") is established
37 pursuant to California Government Code Section 66000, et seq. ("Mitigation Fee Act") to
38 pay for public facilities (aquatic center, community center, fire suppression, law
39 enforcement, library and public facilities including city hall, corporation yard and other
40 facilities) required to provide public services for new development in the city.
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42 B. Pursuant to California Government Code Section 66001, the city council
43 shall, in a city council resolution adopted after a duly noticed public meeting, set forth
44 the amount of the city facilities tee, describe the benefit and impact area on which the
45 city facilities fee is imposed, list the public facilities to be financed, describe the
46 estimated cost of the facilities, describe the reasonable relationship between the use of
47 the city facilities fee and the need for the public facilities and the types of future
48 development projects on which the city facilities fee is imposed, and set forth time for
49 payment.
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Ordinance No. 2444 N.C.S. Page 5
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:
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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;
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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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16 C. To reimburse the city for its costs incurred in establishing, updating,
17 administering and maintaining the city facilities fee in accordance with the Mitigation
18 Fee Act, this chapter, and other applicable law.
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20 19.04.040 Developer Construction of Facilities.
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22 If a developer is required, as a condition of approval of a permit or other entitlement, to
23 construct a public facility that has been designated to be financed with city facilities
24 fees, a credit against the city facilities fee otherwise established by this chapter
25 concerning the development project for the developer's actual cost of constructing the
26 public facility in an amount not to exceed the cost of such city facilities as estimated by
27 the city in adopting the city facilities fee shall be offered by the city and, if the city
28 facilities fee is less than such amount, the developer shall be entitled to reimbursement.
29 Reimbursement shall be from the city facilities fee revenues only.
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31 19.04.050 Administrative Guidelines.
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33 The city council may, by resolution, adopt administrative guidelines to provide
34 procedures for calculation, payment and other administrative aspects of the city
35 facilities fee.
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Ordinance No. 2444 N.C.S. Page 6
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2 CHAPTER 19.08
4 OPEN SPACE LAND ACQUISITION FEE
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6 19.08.010 Purpose.
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8 In order to implement the goals and objectives of the Petaluma General Plan, and to
9 mitigate the impacts caused by future development in the city, certain public open
10 space land must be acquired. The city council has determined that an open space land
11 acquisition fee is needed in order to finance public facilities required to provide open
12 space facilities for new development in the city and to provide for payment of each
13 development's fair share of the acquisition costs of such facilities needed to serve such
14 new development. In establishing the open space fee described in the following
15 sections, the city council has found the fee to be consistent with its general plan, and,
16 pursuant to Government Code Section 65913.2, has considered the effects of the fee
17 with respect to the city's housing needs as established in the housing element of the
18 general plan.
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20 19.08.020 Petaluma Open Space Land Acquisition Fee Established.
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22 A. An open space land acquisition fee ("open space fee") is established
23 pursuant to California Government Code Section 66000, et seq. ("Mitigation Fee Act") to
24 pay for public open space facilities required by the city to provide recreational services
25 to new development in the city.
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27 B. Pursuant to California Government Code Section 66001, the city council
28 shall, in a city council resolution adopted after a duly noticed public meeting, set forth
29 the amount of the open space fee, describe the benefit and impact area on which the
30 open space fee is imposed, list the open space facilities to be financed, describe the
31 estimated cost of the facilities, describe the reasonable relationship between the use of
32 the open space fee and the need for the public facilities and the types of future
33 development projects on which the open space fee is imposed, and set forth time for
34 payment.
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36 19.08.030 Use of Fee Revenues.
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38 The revenues raised by payment of the open space fee shall be accounted for in a
39 capital project fund. Separate and special accounts within the fund shall be used to
40 account for revenues, along with any interest earnings on such account. These monies
41 shall be used for the following purposes:
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43 A. To pay for property acquisition, including right-of-way acquisition, design,
44 engineering, construction and acquisition of the open space and public facilities
45 designated in the fee resolution and reasonable costs of outside consultant studies
46 related thereto;
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48 B. To reimburse the city for designated public facilities constructed by the
49 city with funds (other than gifts or grants) from other sources together with accrued
50 interest; and,
Ordinance No. 2444 N.C.S. Page 7
1 C. To reimburse the city for its costs incurred in establishing, updating,
2 administering, and maintaining the open space fee in accordance with the Mitigation
3 Fee Act, this chapter, and other applicable law
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5 19.08.040 Developer Construction of Facilities.
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7 If a developer is required, as a condition of approval of a permit or other entitlement, to
8 acquire open space facilities that have been designated to be financed with open
9 space fees, a credit against the open space fee otherwise established by this chapter
10 concerning the development project for the developer's actual cost of acquiring the
11 open space facilities in an amount not to exceed the cost of such open space facilities
12 as estimated by the city in adopting the open space fee shall be offered by the city and,
13 if the open space fee is less than such amount, the developer shall be entitled to
14 reimbursement. Reimbursement shall be from the open space fee revenues only.
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16 19.08.050 Administrative Guidelines.
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18 The city council may, by resolution, adopt administrative guidelines to provide
19 procedures for calculation, payment and other administrative aspects of the open
20 space fee.
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Ordinance No. 2444 N.C.S. Page 8
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2 CHAPTER 19.12
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4 PARK LAND ACQUISITION FEE (NON-QUIMBY ACT)
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6 19.12.010 Purpose.
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8 In order to implement the goals and objectives of the Petaluma General Plan, and to
9 mitigate the impacts caused by future development in the city, certain public facilities
10 must be constructed. The city council has determined that a park land acquisition fee
11 (non-Quimby Act) is needed in order to finance public facilities required to provide
12 public park facilities for new development in the city of Petaluma and to provide for
13 payment of each development's fair share of the construction and acquisition costs of
14 such improvements needed to serve such new development. In establishing the park
15 land acquisition fee (non-Quimby Act ) described in the following sections, the city
16 council has found the fee to be consistent with its general plan, and, pursuant to
17 Government Code Section 65913.2, has considered the effects of the fee with respect to
18 the city's housing needs as established in the housing element of the general plan. The
19 park land acquisition fee (non-Quimby Act) will apply to residential development
20 projects that are not subject to the Quimby Act land dedication or in-lieu fee
21 requirements set forth in Chapter 20.34 of this code.
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23 19.12.020 Petaluma Park Land Acquisition Fee (Non-Quimby Act) Established.
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25 A. A park land acquisition fee (non-Quimby Act) ("non-Quimby Act park
26 land fee") is established pursuant to California Government Code Section 66000, et seq.
27 ("Mitigation Fee Act") to pay for public park facilities required by the city to provide
28 recreational services to new development in the city that is not subject to Quimby Act
29 land dedication or in-lieu fee requirements.
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31 B. Pursuant to California Government Code Section 66001, the city council
32 shall, in a city council resolution adopted after a duly noticed public meeting,set forth
33 the amount of the non-Quimby Act park land fee, describe the benefit and impact area
34 on which the non-Quimby park land fee is imposed, list the parks and recreation facilities
35 to be financed, describe the estimated cost of these facilities, describe the reasonable
36 relationship between the use of the non-Quimby Act park land fee and the need for the
37 public facilities and the types of future development projects on which the non-Quimby
38 Act park land fee is imposed, and set forth time for payment.
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40 19.12.030 Use of Fee Revenues.
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42 The revenues raised by payment of the non-Quimby Act park land fee shall be
43 accounted for in a capital project fund. Separate and special accounts within the fund
44 shall be used to account for revenues, along with any interest earnings on such account.
45 These monies shall be used for the following purposes:
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47 A. To pay for property acquisition, including right-of-way acquisition,design,
48 engineering, construction and acquisition of the public facilities
49 designated in the fee resolution and reasonable costs of outside
50 consultant studies related thereto;
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Ordinance No. 2444 N.C.S. Page 9
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 non-Quimby Act park land fee in
7 accordance with the Mitigation Fee Act, this chapter, and other
8 applicable law.
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10 19.12.040 Developer Construction of Facilities.
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12 If a developer is required, as a condition of approval of a permit or other entitlement, to
13 construct a public facility that has been designated to be financed with non-Quimby
14 Act park land fees, a credit against the fee otherwise established by this chapter
15 concerning the development project for the developer's actual cost of constructing the
16 public facility in an amount not to exceed the cost of such public facilities as estimated
17 by the city in adopting the fee shall be offered by the city and, if the fee is less than such
18 amount, the developer shall be entitled to reimbursement. Reimbursement shall be from
19 non-Quimby Act park land fee revenues only.
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21 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 and fee.
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Ordinance No. 2444 N.C.S. Page 10
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2 CHAPTER 19.16
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4 PARK LAND DEVELOPMENT IMPACT FEE
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6 19.16.010 Purpose.
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8 In order to implement the goals and objectives of the Petaluma General Plan, and to
9 mitigate the impacts caused by future development in the city, certain public facilities
10 must be constructed. The city council has determined that a park land development
11 impact feeds needed in order to finance public facilities required to provide public park
12 and recreation facilities for new development in the city of Petaluma and to provide for
13 payment of each development's fair share of the construction and acquisition costs of
14 such improvements needed to serve such new development. In establishing the park
15 land development impact fee described in the following sections, the city council has
16 found the fee to be consistent with its general plan, and, pursuant to Government Code
17 Section 65913.2, has considered the effects of the tee with respect to the city's housing
18 needs as established in the housing element of the general plan.
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20 19.16.020 Petaluma Park Land Development Impact Fee Established.
21
22 A. A park land development impact fee (''park land development fee") is
23 established pursuant to California Government Code Section 66000, et
24 seq. ("Mitigation Fee Act") to pay for construction of public park facilities
25 required by the city to provide recreational services to new development
26 in the city.
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28 B. Pursuant to California Government Code Section 66001, the city council
29 shall, in a city council resolution adopted after a duly noticed public
30 meeting, set forth the amount of the park land development fee,
31 describe the benefit and impact area on which the park land
32 development fee is imposed, list the parks and recreation facilities to be
33 financed, describe the estimated cost of these facilities, describe the
34 reasonable relationship between the use of the park land development
35 fee and the need for the public facilities and the types of future
36 development projects on which the park land development fee is
37 imposed, and set forth time for payment.
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39 19.16.030 Use of Fee Revenues.
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41 The revenues raised by payment of the park land development fee shall be accounted
42 for in a capital project fund. Separate and special accounts within the fund shall be
43 used to account for revenues, along with any interest earnings on such account. These
44 monies shall be used for the following purposes:
45
46 A. To pay for property acquisition, including right-of-way acquisition, design,
47 engineering, construction and acquisition of the public facilities
48 designated in the park land development fee resolution and reasonable
49 costs of outside consultant studies related thereto;
50
Ordinance No. 2444 N.C.S. Page 11
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 park land development fee in
7 accordance with the Mitigation Fee Act, this chapter and other
8 applicable law.
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10 19.16.040 Developer Construction of Facilities.
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12 if a developer is required, as a condition of approval of a permit or other entitlement, to
13 construct a public facility that has been designated to be financed with park land
14 development fees, a credit against the park land development fee otherwise
15 established by this chapter concerning the development project for the developer's
16 actual cost of constructing the public facility in an amount not to exceed the cost of
17 such public facilities as estimated by the city in adopting the park land development fee
18 shall be offered by the city and, if the park land development fee is less than such
19 amount, the developer shall be entitled to reimbursement. Reimbursement shall be from
20 the park land development fee revenues only.
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22 19.16.050 Administrative Guidelines.
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24 The city council may, by resolution, adopt administrative guidelines to provide
25 procedures for calculation, payment and other administrative aspects of the park land
26 development fee.
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Ordinance No. 2444 N.C.S. Page 12
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2 CHAPTER 19.20
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4 RESERVED
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Ordinance No. 2444 N.C.S. Page 13
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3 CHAPTER 19.24
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5 TRAFFIC DEVELOPMENT IMPACT FEE
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7 19.24.010 Purpose.
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9 In order to implement the goals and objectives of the Petaluma General Plan, and to
10 mitigate the impacts caused by future development in the city, certain public facilities
11 must be constructed. The city council has determined that a traffic development
12 impact fee is needed in order to finance public facility improvements for new
13 development in the city and to provide for payment of each development's fair share of
14 the construction and acquisition costs of such improvements needed to serve such new
15 development. In establishing the traffic development impact fee described in the
16 following sections, the city council has found the fee to be consistent with its general
17 plan, and, pursuant to Government Code Section 65913.2, has considered the effects of
18 the fee with respect to the city's housing needs as established in the housing element of
19 the general plan.
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21 19.24.020 Petaluma Traffic Development Impact Fee Established.
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23 A. A traffic development impact fee ("traffic impact fee") is established
24 pursuant to California Government Code Section 66000, et seq.
25 ("Mitigation Fee Act") to pay for public street and thoroughfare
26 improvements required by the city to mitigate the traffic impacts of new
27 development in the city.
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29 B. Pursuant to California Government Code Section 66001, the city council
30 shall, in a city council resolution adopted after a duly noticed public
31 meeting, set forth the amount of the traffic impact fee, describe the
32 benefit and impact area on which the traffic impact fee is imposed, list
33 the public facilities to be financed, describe the estimated cost of these
34 facilities, describe the reasonable relationship between the use of the
35 traffic impact fee and the need for the public facilities and the types of
36 future development projects on which the traffic impact fee is imposed,
37 and set forth time for payment.
38
39 19.24.030 Use of Fee Revenues.
40
41 The revenues raised by payment of the traffic impact fee shall be accounted for in a
42 capital project fund. Separate and special accounts within the fund shall be used to
43 account for revenues, along with any interest earnings on such account. These monies
44 shall be used for the following purposes:
45
46 A. To pay for property acquisition, including right-of-way acquisition, design,
47 engineering, construction and acquisition of the public facilities
48 designated in the fee resolution and reasonable costs of outside
49 consultant studies related thereto;
50
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,
4
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.
8
9 19.24.040 Developer Construction of Facilities.
10
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.
19
20 19.24.050 Administrative Guidelines.
21
22 The city council may, by resolution, adopt administrative guidelines to provide
23 procedures for calculation, payment and other administrative aspects of the traffic
24 impact fee.
25
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Ordinance No. 2444 N.C.S. Page 15
1 CHAPTER 19.28
2
3 WATER CAPACITY FEE
4
5 19.28.010 Purpose.
6
7 In order to implement the goals and objectives of the Petaluma General Plan, and to
8 mitigate the impacts caused by future development in the city, certain public facilities
9 must be constructed. The city council has determined that in addition to the water
10 connection and service charges required pursuant to Chapter 15.08 of this code, a
11 water capacity fee is needed in order to finance public facilities required to provide
12 water service for new development in the city and to provide for payment of each
13 development's fair share of the construction and acquisition costs of such improvements
14 needed to serve such new development. In establishing the water capacity fee
15 described in the following sections, the city council has found the fee to be consistent
16 with its general plan, and pursuant to Government Code Section 65913.2, has
17 considered the effects of the fee with respect to the city's housing needs as established
18 in the housing element of the general plan.
19
20 19.28.020 Petaluma Water Capacity Fee Established.
21
22 A, A water capacity fee ("water capacity fee") is established pursuant to
23 California Government Code Section 66013 to pay for publicly-owned
24 water facilities.in the city. Pursuant to Government Code Section 66013,
25 the water capacity fee is not a development impact fee. In accordance
26 with subdivision (h) of Government Code Section 66013, the water
27 capacity fee is not subject to the provisions of the Mitigation Fee Act
28 except as specified in that section and subdivision.
29
30 B. The city council shall, in a city council resolution adopted after a duly
31 noticed public meeting, set forth the amount of the water capacity fee,
32 describe the benefit and impact area on which the water capacity fee is
33 imposed, list the water facilities improvements to be financed, describe
34 the estimated cost of these facilities improvements, describe the
35 reasonable relationship between the use of the water capacity fee and
36 the need for the public facilities improvements and the types of future
37 development projects on which the water capacity fee is imposed, and
38 set forth time for payment.
39
40 19.28.030 Use of Fee Revenues.
41
42 The revenues raised by payment of the water capacity fee shall be accounted for in a
43 capital project fund. Separate and special accounts within the fund shall be used to
44 account for revenues, along with any interest earnings on such account. These monies
45 shall be used for the following purposes:
46
47 A. To pay for property acquisition, including right-of-way acquisition, design,
48 engineering, construction and acquisition of the public facilities
49 designated in the fee resolution and reasonable costs of outside
50 consultant studies related thereto;
51
Ordinance No. 2444 N.C.S. Page 16
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,
4
5 C. To reimburse the city for its costs incurred in establishing, updating,
6 administering and maintaining the water capacity fee in accordance
7 with Government Code Section 66013, this chapter, and other applicable
8 law.
9
10 19.28.040 Developer Construction of Facilities.
11
12 If a developer is required, as a condition of approval of a permit or other entitlement, to
13 construct a public facility that has been designated to be financed with water capacity
14 fees, a credit against the fee otherwise established by this chapter concerning the
15 development project for the developer's actual cost of constructing the public facility in
16 an amount not to exceed the cost of such public facilities as estimated by the city in
17 adopting the fee shall be offered by the city and, if the fee is less than such amount, the
18 developer shall be entitled to reimbursement. Reimbursement shall be from water
19 capacity fee revenues only.
20
21 19.28.050 Administrative Guidelines.
22
23 The city council may, by resolution, adopt administrative guidelines to provide
24 procedures for calculation, payment and other administrative aspects of the water
25 capacity fee.
26
27
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30
31
32
33
34
35
36
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Ordinance No. 2444 N.C.S. Page 17
1 CHAPTER 19.32
2
3 WASTEWATER CAPACITY FEE
4
5 19.32.010 Purpose.
6
7 In order to implement the goals and objectives of the Petaluma General Plan, and to
8 mitigate the impacts caused by future development in the city, certain public facilities
9 must be constructed. The city council has determined that a wastewater capacity fee is
10 needed in order to finance public facilities required to provide wastewater service for
11 new development in the city and to provide for payment of each development's fair
12 share of the construction and acquisition costs of such improvements needed to serve
13 such new development. In establishing the wastewater capacity fee described in the
14 following sections, the city council has found the fee to be consistent with its general
15 plan, and, pursuant to Government Code Section 65913.2, has considered the effects of
16 the fee with respect to the city's housing needs as established in the housing element of
17 the general plan.
18
19 19.32.020 Petaluma Wastewater Capacity Fee Established.
20
21 A. A wastewater capacity fee ("wastewater capacity fee") is established
22 pursuant to California Government Code 66013 to pay for to pay for
23 publicly-owned wastewater facilities in the city. Pursuant to Government
24 Code Section 66013, the wastewater capacity fee is not a development
25 impact fee. In accordance with subdivision (h) of Government Code
26 Section 66013, the wastewater capacity fee is not subject to the provisions
27 of the Mitigation Fee Act except as specified in that section and
28 subdivision.
29
30 B. The city council shall, in a city council resolution adopted after a duly
31 noticed public meeting, set forth the amount of the wastewater capacity
32 fee, describe the benefit and impact area on which the wastewater
33 capacity fee is imposed, list the wastewater facilities improvements to be
34 financed, describe the estimated cost of these facilities improvements,
35 describe the reasonable relationship between the use of the wastewater
36 capacity fee and the need for the public facilities improvements and the
37 types of future development projects on which the wastewater capacity
38 fee is imposed, and set forth time for payment.
39
40 19.32.030 Use of Fee Revenues.
41
42 The revenues raised by payment of the wastewater capacity fee shall be accounted for
43 in a capital project fund. Separate and special accounts within the fund shall be used to
44 account for revenues, along with any interest earnings on such account. These monies
45 shall be used for the following purposes:
46
47 A. To pay for property acquisition, including right-of-way acquisition, design,
48 engineering, construction and acquisition of the public facilities
49 designated in the tee resolution and reasonable costs of outside
50 consultant studies related thereto;
51
Ordinance No. 2444 N.C.S. Page 18
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,
4
5 C. To reimburse the city for its costs incurred in establishing, updating,
6 administering, and maintaining the wastewater capacity fee in
7 accordance with Government Code Section 66013, this chapter, and
8 other applicable law.
9
10 19.32.040 Developer Construction of Facilities.
11
12 If a developer is required, as a condition of approval of a permit or other entitlement, to
13 construct a public facility that has been designated to be financed with wastewater
14 capacity fees, a credit against the fee otherwise established by this chapter concerning
15 the development project for the developer's actual cost of constructing the public
16 facility in an amount not to exceed the cost of such public facilities as estimated by the
17 city in adopting the fee shall be offered by the city and, if the fee is less than such
18 amount, the developer shall be entitled to reimbursement. Reimbursement shallbe from
19 wastewater capacity fee revenues only.
20
21 19.32.050 Administrative Guidelines.
22
23 The city council may, by resolution, adopt administrative guidelines to provide
24 procedures for calculation, payment and other administrative aspects of the wastewater
25 capacity fee.
26
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53
Ordinance No. 2444 N.C.S. Page 19
1
2
3 CHAPTER 19.36
4
5 COMMERCIAL DEVELOPMENT HOUSING LINKAGE FEE
6
7 19.36.010 Purpose.
8
9 A, Mitigation of Affordable Housing Impacts Linked to Nonresidential Development. The
10 purpose of this chapter is to (1) implement the goals and objectives of the general plan
1 I housing element of the city of Petaluma; (2) mitigate the housing impacts caused by
12 new, changed and expanded nonresidential development in the city of Petaluma; (3)
13 provide housing affordable to persons who earn between eighty and one hundred
14 percent of the area median income, The city council has determined that affordable
15 housing requirements are needed, has found the following requirements to be consistent
16 with its general plan and, pursuant to Government Code Section 65913.2, has
17 considered the effects of the fee with respect to the city's housing needs as established
18 in the city's housing element, as amended from time to time pursuant to state law.
19
20 19.36.020 Findings.
21
22 A. Need for Affordable Housing. The city council has found that persons of low and
23 moderate income are experiencing increasing difficulty in locating and maintaining
24 adequate, safe and sanitary affordable housing.
25
26 B. Housing Needs and Impacts Created by Nonresidential Development. Pursuant to
27 the Sonoma County Workforce Housing Linkage Fee Study published by Economic and
28 Planning Systems Inc. in December 2001, the city council finds that the construction or
29 expansion of nonresidential development is a major factor in attracting new employees
30 to the city of Petaluma and the county of Sonoma. A substantial number of these new
31 employees and their families seek residence in the city and county and place a greater
32 strain on an already impacted housing stock. Current and new employees who are
33 unable to find affordable housing in the jurisdictions in which they work are forced to
34 commute long distances.This situation adversely affects their quality of life, consumes
35 limited energy resources, increases traffic congestion and has a negative impact on air
36 quality. Employers have or will have problems attracting a labor force because of the
37 shortage of housing affordable to many workers.
38
39 C. Means of Meeting Affordable Housing Demand. Increasing the production and
40 availability of affordable housing is problematic. Prices and rents for affordable housing
41 remain below the level needed to attract new construction. At the same time, land costs
42 and rapidly diminishing amounts of land available for development hinder the provision
43 of affordable housing units solely through private action. Federal and state housing
44 finances and subsidy programs are not sufficient by themselves to satisfy the affordable
45 housing needs associated with employment resulting from nonresidential development.
46 Programs and activities to expand affordable housing opportunities can be
47 accomplished through public/private partnership action. It is the purpose of this chapter
48 to establish a feasible means by which developers of nonresidential development
49 projects assist in (1) increasing the supply of low- and moderate-income housing and (2)
50 increasing the supply of housing in proximity to employment centers.
51
Ordinance No. 2444 N.C.S. Page 20
1 D. Imposing Housing Requirement on Developers Whose Projects Create the Need. It is
2 appropriate to impose some of the cost of the increased burden of providing housing for
3 low- and moderate-income people necessitated by such development directly upon
4 the sponsors of a development, and indirectly upon the occupiers. The imposition of a
5 commercial linkage fee requirement is an appropriate means to accomplish the purpose
6 of this chapter. In calculating the commercial linkage fee requirement, the city council
7 has taken into account other factors in addition to the simple calculation of contribution.
8 These include impact on construction costs, special factors and hardships associated
9 with certain types of development, and legal issues.
10
11 E. Rational Relationship Between Affordable Housing Need Created and Fee
12 Requirement. The unit requirements and housing fees contained in this chapter are
13 designed to create a rational relationship between the amount of housing need created
14 by the land use and the size of the fee, taking into account the effect of such fee
15 requirement on providing affordable housing opportunities and the economic feasibility
16 of imposing such requirements.
17
18 19.36.030 Definitions.
19
20 As used in this chapter:
21
22 "Addition" shall mean adding gross square feet to an existing development project or
23 building subject to this chapter.
24
25 "Affordable housing" shall mean the total cost of monthly housing payments does not
26 exceed thirty percent of gross household income.
27
28 "City manager" shall mean the city manager of the city of Petaluma or his/her designee.
29 "Director of community development" shall mean the director of community
30 development for the city of Petaluma, his or her designee, or such person as the city
31 manager may designate.
32
33 "Expanded nonresidential development" or "expanded nonresidential development
34 project" shall mean construction that results in a net increase in the gross square footage
35 of an existing nonresidential space or any conversion of residential space to
36 nonresidential space.
37
38 "Gross square feet" or "gross square footage" shall mean the area included within the
39 surrounding walls of a nonresidential development.This area does not include enclosed
40 parking for vehicles.
41
42 "Low- and moderate-income" shall mean a household with total annual income
43 between eighty percent and one hundred percent of the area median income,
44 adjusted for family size, and in accordance with the Area Median Income Schedule as
45 published annually by the U.S. Department of Housing and Urban Development for the
46 Santa Rosa MSA.
47
48 "Nexus Study" shall mean the "Sonoma County Workforce Housing Linkage Fee Study"
49 published by Economic and Planning Systems, Inc., in December 2001 as may be
50 amended from time to time.
51
Ordinance No. 2444 N.C.S. Page 21
1 "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.
4
5 (Ord. 2403 NCS §2, 2011: Ord. 2171 NCS §1 (part), 2003.)
6
7 19.36.040 Application and calculation of fee.
8
9 A. Payment of Fees Required. Every person constructing or causing to be constructed
10 within the city nonresidential development projects and/or expanded nonresidential
11 development projects as defined in this chapter shall pay to the city a fee computed as
12 set out in this chapter.
13
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.
21
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.
25
26 D. Adjustment of Fee. The fees specified herein shall increase or decrease annually by
27 the same percentage as the latest "Engineering News Record Construction Cost Index-
28 20 City Average" ("Index") annually increases or decreases. The adjustment shall be
29 based on a comparison of the most recent Index to the Index in the month of the
30 adoption of the fee, or the Index used for the prior adjustment of the fee. The Finance
31 Director shall compute the increase or decrease in such fee. The first adjustment shall
32 take place on July 1, 2014, and each following July 1st.
33
34 E. Time of Collection. Such fees shall be due and payable prior to issuance of a building
35 permit, or if no permit is to be issued by the city, at the time a new business license is
36 issued.
37
38 19.36.050 Fee credit or refund.
39
40 A. Fee Credit. A developer of any project subject to the fee requirement of this chapter
41 may apply to receive a credit against the total amount of fees due, or a portion thereof,
42 if said developer provides affordable housing through some other means agreeable to
43 the city of Petaluma.
44
45 B. Refund of Fee. If the affordable housing fee is paid and the building permit is later
46 canceled or voided, or the permit which triggers the application of the fee.fails to vest
47 within the terms of said permit, the director of community development may, upon
48 written request of the developer, order return of the fee if (1) the fees paid have not
49 been committed, and (2) work on the private development project has not progressed
50 to a point that would permit commencement of a new, changed, or expanded use for
51 which a fee would be payable.
52
Ordinance No. 2444 N.C.S. Page 22
1 19.36.060 Use of fees.
2
3 A. Use and Disbursement of Monies in the Fund. Monies collected pursuant to this
4 chapter shall be used in accordance with and in support of activities to implement the
5 city's adopted housing element, consolidated plan, and implementation plan. Activities
6 shall be limited to direct expenditures for the development of affordable housing as
7 defined herein or incidental non-capital expenditures related to such projects, including
8 but not limited to land acquisition, applicable predevelopment costs, construction,
9 rehabilitation, subsidization, counseling or assistance to other governmental entities,
10 private organizations or individuals to expand affordable housingopportunities to low-
11 and moderate-income households, and ongoing administration and maintenance of the
12 Commercial Development Housing Linkage Fee program, including expenditures for the
13 cost of studies, legal costs, and other costs of administering, maintaining and updating
14 the program. Monies in the fund may be disbursed, hypothecated, collateralized, or
15 otherwise employed for these purposes from time to time as the city council so
16 determines is appropriate to accomplish the purposes of the affordable housing fund.
17 These uses include, but are not limited to, assistance to housing development
18 corporations, equity participation loans, grants, predevelopment loan funds:
19 participation leases, loans to develop affordable housing or other public/private
20 partnership arrangements. The affordable housing funds may be expended for the
21 benefit of both rental and owner-occupied housing.
22
23 B. Accounting of Fees. All fees shall be deposited into a segregated account and all
24 expenditures of funds from the same shall be documented and available for public
25 inspection during regular business hours.
26
27 19.36.070 Amendment of Fee.
28
29 This fee may be adjusted from time to time, based upon amendments or updates to the
30 Nexus Study, or based on any other data and analysis which the city council determines
31 to be applicable to the continued establishment of this fee.
32
33 Section 7. Compliance with the California Environmental Quality Act.
34 The purpose of this ordinance is to authorize funding mechanisms for capital
35 projects necessary to maintain services and facilities within the City's existing
36 service areas. The City currently provides services and facilities to the community,
37 and the fees authorized for adoption by this ordinance will be used to maintain
38 current service levels and equivalent facilities for the community through buildout
39 of the Petaluma General Plan . Therefore, the City Council finds that this
40 ordinance is not a "project" within the meaning of CEQA pursuant to Public
41 Resources Code section 21080, subdivision (b), paragraph (8),
42
43 Section 8. Severability.
44
45 If any provision of this ordinance or the application thereof to any person or
46 circumstances is for any reason held to be invalid or unconstitutional by a
47 decision of any court of competent jurisdiction or preempted by state legislation,
48 such decision or legislation shall not affect the validity of the remaining portions of
49 this ordinance. The City Council hereby declares that it would have passed this
50 ordinance and each and every section, subsection, sentence, clause or phrase
51 hereof not declared invalid or unconstitutional without regard to any such
52 decision or preemptive legislation.
Ordinance No. 2444 N.C.S. Page 23
1
2 Section 9. Effective Date(s) of Amendments to the Petaluma Municipal Code.
3
4 Each section and subdivision of the Petaluma Municipal Code listed in Sections 1
5 through 3 of this ordinance shall be amended, each section of the Petaluma
6 Municipal Code listed in Section 4 of this ordinance shall be repealed, and each
7 new title of the Petaluma Municipal Code listed in Section 5 of this ordinance and
8 each new chapter of the Petaluma Municipal Code listed in Section 6 of this
9 ordinance shall become effective on the date on which revised development
10 fee resolutions for the fees set forth in Section 3 of this ordinance take effect
11 pursuant to duly adopted resolutions of the City Council, Section 66017 of the
12 Government Code of the State of California, and other applicable law.
13
14 Section 10. Effective Date of Ordinance.
15
16 In accordance with California Government Code section 36937 and subject to
17 section 9, above, this ordinance shall be effective thirty (30) days from and after
18 the date of its passage.
19
20 Section 11. Publication.
21
22 The City Clerk is hereby directed to post/publish this ordinance for the period and
23 in the manner required by the City Charter.
24
25 INTRODUCED and ORDERED posted/au-Ian-shed this 27th day of August 2012.
26
27 ADOPTED this 10th of September 2012, by the following vote:
28
29
30
31 Ayes: Albertson, Mayor Glass, Harris, Healy, Kearney, Vice Mayor Renee
32 Noes: Barrett
33 Abstain: None
34 Absent: None
35
36
37
38
39 1r. . .A►ar.A k
40 David Glass, Mayor
41
42
43
44 ATTEST: APPROVED AS TO FORM:
45
46
47
49 n n•
J
49
50 Claire Cooper, City Clerk Eric Danly, City Attorney
51
52
Ordinance No. 2444 N.C.S. Page 24