Petaluma Municipal Code Ch. 19.24 Traffic 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 traHc development impact fee is needed in order to Gnance public facility improvements 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 traHc

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 traHc development impact fee ("traHc impact fee") is established pursuant to California Government Code

Section 66000 et seq. ("Mitigation Fee Act") to pay for public street and thoroughfare improvements required by

the city to mitigate the traHc impacts of 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 traHc impact fee, describe the beneGt

and impact area on which the traHc impact fee is imposed, list the public facilities to be Gnanced, describe the

estimated cost of these facilities, describe the reasonable relationship between the use of the traHc impact fee

and the need for the public facilities and the types of future development projects on which the traHc impact fee

is imposed, and set forth time for payment.

(Ord. 2444 NCS §6, 2012.)

The revenues raised by payment of the traHc impact 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 traHc

impact 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 traHc impact 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 traHc impact 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 traHc impact fee. (Ord. 2444 NCS §6, 2012.)