Petaluma Municipal Code Ch. 19.32 Wastewater Capacity 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 wastewater capacity fee is needed in order to Gnance public facilities required to provide wastewater service

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

wastewater capacity 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 wastewater capacity fee ("wastewater capacity fee") is established pursuant to California Government Code

66013 to pay for publicly owned wastewater facilities in the city. Pursuant to Government Code Section 66013, the

wastewater capacity fee is not a development impact fee. In accordance with subdivision (h) of Government Code

Section 66013, the wastewater capacity fee is not subject to the provisions of the Mitigation Fee Act except as

speciGed in that section and subdivision.

B. The city council shall, in a city council resolution adopted after a duly noticed public meeting, set forth the

amount of the wastewater capacity fee, describe the beneGt and impact area on which the wastewater capacity

fee is imposed, list the wastewater facilities improvements to be Gnanced, describe the estimated cost of these

facilities improvements, describe the reasonable relationship between the use of the wastewater capacity fee and

the need for the public facilities improvements and the types of future development projects on which the

wastewater capacity fee is imposed, and set forth time for payment.

(Ord. 2444 NCS §6, 2012.)

The revenues raised by payment of the wastewater capacity 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

wastewater capacity fee in accordance with Government Code Section 66013, 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 wastewater capacity 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 wastewater capacity 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 wastewater capacity fee. (Ord. 2444 NCS §6, 2012.)