HomeMy WebLinkAboutResolution 2003-244 N.C.S. 12/15/2003r~~.
Resolution No.2003-244 N.C.S.
of the City of Petaluma, California
CLARIFYING THE INTENT OF THE CITY COUNCIL
REGARDING THE USE OF REVENUE FROIVI
THE PARK IMPACT FEE APPROVED BY RESOLUTION N0.2003-212
AND RESTRICTING THE USE OF THE FEE REVENUE INSIDE
THE CITY'S URBAN GROWTH BOUNDARY
RECITALS
WHEREAS, on October 27, 2003, the City Council adopted Resolution No. 2003-212,
which approved a new Park Impact Fee to require new development in the City to provide funds
to pay for the acquisition and improvement of park land necessary to serve the residents of new
development; and,
WHEREAS, the City retained Revenue & Cost Specialists (hereafter "RCS") to
deternline, based in part on the land use designations provided by the General Plan and the draft
2025 General Plan update currently being prepared, the additional parkland and related facilities
that would be necessary to maintain the level of those services provided to the community and to
fund new development's share of the costs of maintaining the developed park acreage available
to residents of Petaluma; and,
WHEREAS, RCS prepared the Development Impact Fee Calculation and Nexus Report
(the "Nexus Report") and the Master Facilities Plan, both dated August 2003 (together hereafter
the "Reports"). The Reports provided an inventory of existing developed and undeveloped
parkland and open space and listed the additional parkland and related improvements and open
space necessary to maintain. the current levels of developed parks and open space provided.. to the
community and thereby meet the demands of new residents for those services through build out
under the General Plan and the 2025 General Plan update. The Reports together estimated the
cost in current dollars of acquiring that property and providing those improvements, assigned the
portion of those costs attributable to new development, and calculated the fees necessary to raise
the revenue necessary to pay for the portion of the land acquisition and improvement costs
attributable to new development; and,
WHEREAS, the Reports demonstrated the appropriateness of adopting a fee based on
current estimates of the need for and cost of acquiring parkland and open space and providing
park facilities improvements needed to accommodate new development, including (1) an
inventory of the existing developed and undeveloped parkland and open space; (2) an estimate of
the increase in the City's service population by the year 2025, the planning horizon of the
Genera]: Plan update; and (3) the cost of acquiring the parkland and open space and providing the
park facilities improvements necessary to meet the demands of the estimated increase in the
City's service population by 2025; and,
Resolution No. 2003-244 N.C.S.
WHEREAS, the Findings in Resolution No. 2003-21.2 indicated that the revenue from
the Park Impact Fee would be used, in part, to pay for park improvements listed in Chapter 10 of
the Nexus Report and pages 77-104 of the Master Facilities Plan; and,
WHEREAS, the Master Facilities Plan included, on page 93, minimal recommended
improvements to the Lafferty Open Space Preserve, which is currently open space owned by the
City outside the City's urban growth boundary. Those minimal improvements were
characteristic of open space facilities, not urban park improvements; and,
WHEREAS, the Mitigation Fee Act (California Gov. Code § 66006) provides that cities
may use revenue from development impact fees, such as the Park Impact Fee, only for the
purposes for which it was collected; and,
WIFIEREAS, the portion of the Park Impact Fee to be used for park improvements was
calculated based on the cost of typical improvements to urban neighborhood, community, and
sports parks, not on the estimated costs of the specific facilities listed in the Master Facilities
Plan. Further, that portion of the Park Impact Fee was not calculated to pay for improvements to
open space. Thus, although the Master Facilities Plan listed future improvements to the Lafferty
Open Space Preserve and the estimated cost thereof, the Park Impact Fee was not intended to
generate revenue to pay for those improvements; and,
W>FIEREAS, since this resolution does not effect the estimated cost of acquiring park
land or open space or making park improvements to serve new development, it will not alter the
fee amounts approved by Resolution. No. 2003-212.
NOW, TI~EREFORE, the City Council of the City of Petaluma does resolve as follows:
It is the intent of the City Council to clarify that, to the extent that revenue from the Park
Impact Fee adopted by Resolution No. 2003-212 is used for park improvements, it maybe used
only for the improvement of parks within the contiguous City limits of the City of Petaluma, and
not for the improvement of any kind of park or recreational facility located either (1) outside the
City limits of the City of Petaluma, or (2) in incorporated islands of the City of Petaluma
surrounded by unincorporated lands.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting -°-°"•~-~ for
on the ........15"'............ day of .......L2eGemhe>;........ ...................... 20D3.., by the ~-~
following vote: °°s7~'•» :....... ................
City Attorney
AYES: Canevaro, MayorGla'ss, Harris, Healy, Vice Mayor O'Brien
NOES: Moynihan, Torliatt ~ . _
ABSENT: None
ATTEST: .......................~......................................... .......... .
City Clerk
Council File ...................................
Res. No. _...2003-244....,.,,,,N.C.S.
a
Mayor