Petaluma Municipal Code Ch. 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 Gnance general public facilities (aquatic center,

community center, Gre 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 eIects

of the fee with respect to the city’s housing needs as established in the housing element of the general plan. (Ord.

2444 NCS §6, 2012.)

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, Gre

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 beneGt and

impact area on which the city facilities fee is imposed, list the public facilities to be Gnanced, 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.

(Ord. 2444 NCS §6, 2012.)

The revenues raised by payment of the city facilities fee shall be accounted for in a capital project fund. Separate

and special accounts within the fund shall be used to account for revenues, along with any interest earnings on

such account. These monies shall 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 city facilities fee resolution and reasonable costs of outside

consultant studies related thereto;

B. To reimburse the city for designated public facilities constructed by the city with funds (other than gifts or

grants) from other sources together with accrued interest; and

C. To reimburse the city for its costs incurred in establishing, updating, administering and maintaining the city

facilities fee in accordance with the Mitigation Fee Act, this chapter, and other applicable law.

(Ord. 2444 NCS §6, 2012.)

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 Gnanced 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

facilities fee shall be oIered 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. (Ord. 2444 NCS §6,

2012.)

The city council may, by resolution, adopt administrative guidelines to provide procedures for calculation, payment

and other administrative aspects of the city facilities fee. (Ord. 2444 NCS §6, 2012.)