Petaluma Municipal Code Ch. 19.12 Park Land Acquisition Fee (non-Quimby Act)

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 Gnance 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 eIects 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. (Ord. 2444 NCS §6, 2012.)

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 beneGt and impact area on which the non-Quimby park land fee is imposed, list the parks and recreation

facilities to be Gnanced, 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.

(Ord. 2444 NCS §6, 2012.)

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;

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.

(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 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 oIered 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. (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 non-Quimby Act park land fee. (Ord. 2444 NCS §6, 2012.)