Petaluma Municipal Code Ch. 19.08 Open Space Land Acquisition 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 open space land must be acquired. The city council has

determined that an open space land acquisition fee is needed in order to Gnance 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 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. 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 beneGt and

impact area on which the open space fee is imposed, list the open space facilities to be Gnanced, 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.

(Ord. 2444 NCS §6, 2012.)

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

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.

(Ord. 2444 NCS §6, 2012.)

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 Gnanced 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 oIered 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. (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 open space fee. (Ord. 2444 NCS §6, 2012.)