Petaluma Municipal Code Ch. 19.16 Park Land 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 park land development impact fee is needed in order to Gnance public facilities required to provide public

park and recreation 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 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 park land development impact fee ("park land development fee") is established pursuant to California

Government Code Section 66000 et seq. ("Mitigation Fee Act") to pay for construction of public park 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 park land development fee, describe the

beneGt and impact area on which the park land development 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 park land development fee and the need for the public facilities and the types of future development

projects on which the park land development fee is imposed, and set forth time for payment.

(Ord. 2444 NCS §6, 2012.)

The revenues raised by payment of the park land development 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 park land development 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 park

land development 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 park land development fees, a credit against the park land

development 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 park land development fee shall be oIered by the city and, if the park land

development fee is less than such amount, the developer shall be entitled to reimbursement. Reimbursement

shall be from the park land development 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 park land development fee. (Ord. 2444 NCS §6, 2012.)