2011/11/22 City Council Ordinance 840
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA)
) ss
County of Sonoma )
Carol Adams, under penalty of perjury, deposes and says:
That she is, and during all times herein mentioned was, the duly acting and qualified Acting.
City Clerk of the City of Rohnert Park, Sonoma County, California; and that on the 28th
day of November. 2011, she posted as required by law full, true, and correct copies of
ORDINANCE NO. 840, "AMENDING CHAPTERS 3.28 (PUBLIC FACILITIES FEES)
AND 13.26 (SEWER LATERALS) AND REPEALING CHAPTER 13.40 (SEWER
CAPACITY CHARGES) OF THE ROHNERT PARK MUNICIPAL CODE" in the
following places:
City Hall
130 Avram Avenue
Public Safety Department
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Library
6250 Lynne Conde Way
www.rpcitv.org for website posting
~~
Acting City Clerk
Subscribed and sworn to before me
this 28th day of November, 2011.
(~~~~
Deputy City Clerk
M:\Ordinances\Ordinances 201 l\Affidavits of Posting \Affidavit of Posting 840.doc
ORDINANCE NO. 840
AN ORDINANCE AMENDING CHAPTERS 3.28 (PUBLIC FACILITIES FEES)
AND 13.26 (SEWER LATERALS) AND REPEALING
CHAPTER 13.40 (SEWER CAPACITY CHARGES) OF
THE ROHNERT PARK MUNICIPAL CODE
WHEREAS, the City Council has received and reviewed the report entitled 2011
Update to the Public Facilities Finance Plan (2011 Update) prepared by the firm of
Winzler & Kelly, dated October 2011, and
WHEREAS, the City Council held a hearing to. consider the information set forth
in the 2011 Update, and considered all public comment, and adopted Resolution No.
2011-109; and
WHEREAS, Chapter 3.28 of the Rohnert Park Municipal Code sets forth a public
facilities fee program to mitigate the impacts caused by new and anticipated development
identified in the City's General Plan; and
WHEREAS, among the fees charged to new development to ensure that it pays
its full proportionate share of the cost of providing public facilities at city standards are
the sewer capacity fees charged for new connections to the city's sewer system, which
are set forth in Chapter 13.40; and
WHEREAS, sewer capacity fees have been classified by the State of California
as development impact fees and are now regulated under Government Code sections
66000, and following, in a manner similar to the other fees which make up the Public
Facilities Fees in the City; and
WHEREAS, the 2011 Update analyzed sewer capacity fees as part of the Public
Facilities Finance Plan; and
WHEREAS, the City Council has determined that sewer capacity fees should be
integrated into the Public Facilities Fees set forth in Chapter 3.28;
NOW, THEREFORE, the City Council of the City of Rohnert Park does find
and determine that:
Section 1. The new Public Facilities Fee rates recommended in the 2011 Update bear
a reasonable relationship between the amount of the fee for each development project and
the and cost of the public facility, or portion of the public facility, attributable to the
development on which the fee is imposed.
Section 2. The adoption of this ordinance is categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15061(b)(3).
Ordinance No. 840
(Page 1 of 10)
NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain
as follows:
Section 3.
entirety.
Chapter 13.40 of the Rohnert Park Municipal Code is repealed in its
Section 4. Funds collected by the City under Chapter 13.40 and still held at the time
of its repeal shall be administered in conformance with state law governing sewer
capacity fees and accounted for separately until such time as they have been spent as
authorized under that law.
Section 5.
Section 3.28.010 is to read in its entirety as follows:
3.28.010 - Purpose and Intent.
Section 6.
The purposes and intent of this chapter are as follows:
A.
To implement the goals and objectives of the city's general plan;
B.
To mitigate the impacts caused by new and anticipated developments
indentified in the city's general plan;
C.
To ensure that new development in the city receives the full range of
public facilities necessary to support the city-adopted level of service
(LOS) experienced by existing development;
D.
To establish uniform procedures for the imposition, calculation, collection,
expenditure and administration of the public facility financing
requirements imposed on new development in the city;
E.
To ensure that new development pays its full proportionate share of the
cost of providing such public facilities at the city-adopted level of service
(LOS) standards for each facility;
F.
To ensure that all applicable legal standards and criteria are properly
incorporated in these provisions.
Section 3.28.030 is amended to read as follows:
Section 3.28.030 - General Provisions-Applicability.
A. Term. This chapter shall remain in effect unless and until repealed,
amended or modified by the city council in accordance with applicable
state law and local ordinances and procedures.
Ordinance No. 840
(Page 2 of 10)
B. Annual Review. At least once every year, and in accordance with
Government Code section 66006, the city manager shall prepare a report
to city council on the subject of the PF fees, which repOli shall include the
following:
1. A brief description of the type of fee in the account or fund;
2. The amount of the fee;
3. The beginning and ending balance of the account or fund;
4. The amount of fees collected and the interest earned;
5. An identification of each public improvement on which the fees
were expended and the amount of the expenditures on each
improvement, including a total percentage of the costs of the
public improvements that was funded with fees;
6. An identification of the approximate date by which the
construction of the public improvement will commence if the local
agency determines that sufficient funds have been collected to
complete financing on an incomplete public improvement;
7. A description of each interfund transfer or loan made from the
account or fund, including the public improvement on which the
transferred or loaned fees will be expended, and, in the case of an
interfund loan, the date on which the loan will be repaid, and the
rate of interest that the account or fund will receive on the loan;
8. The amount of refunds made pursuant to Government Code section
66001 (e) and any allocations pursuant to Government Code section
66001 (f);
9. Other such data, analysis or recommendations that the city
manager may deem appropriate or as requested by the city council.
C. Development Affected. This chapter shall apply to all impact producing
residential and nonresidential development as of the date of adoption of
this chapter. That portion of PF fees attributable to sewer costs shall apply
to each and every new connection to the sewer system.
D. Development not Affected. This chapter shall not apply to development
for which a PF fee, or its equivalent, has been paid for a particular public
facility prior to the adoption of this chapter; nor shall a PF fee be imposed
on any use, development, project, structure, building, fence, sign or other
activity which is not impact producing. Provided, that portion of the PF
fees attributable to sewer costs shall apply to each and every new
Ordinance No. 840
(Page 3 of 10)
connection to the sewer system unless sewer capacity fees have previously
paid to the city for the development.
E.
Relationship to other land use regulations. Neither this chapter nor the
specific PF fee resolutions shall affect, in any manner, the permissible use
of property, density/intensity of development, design and improvement
standards or other applicable standards or requirements of this code, all of
which shall be operative and remain in full force and effect without
limitation.
Section 7.
Section 3.28.050 is amended to read as follows:
Section 3.28.050 - Public facilities fee determination.
A. The PF fee is determined by the land use of the proposed development.
The schedule of land uses is set forth as follows:
Residential Land Use Class:
Single Family Residential
Multi-Family Residential
Senior Housing
Assisted Living
Commercial Land Use Class:
General Office
Hotel
Retail
Industrial Land Use Class:
Industrial
Warehouse
B. The total PF fee is calculated by adding together fee components
associated with the planned facilities. The PF components are set forth as
follows:
Ordinance No. 840
(Page 4 of 10)
Traffic
Public Safety
Public Facilities
Water
Sewer
Drainage
C. The PF fee for residential development shall be based upon the number of
units constructed. The Residential Land Use Class applies to all areas
designated as "Residential" on the city's general plan diagram, as it may
be amended from time to time.
1. Residential development of detached single-family units shall pay
the single family residential rate.
2. Residential development of multi-family units or mobile home
parks shall pay the multi-family residential rate.
3. Residential development of senior housing shall pay the senior
housing rate.
4. Residential development of large assisted living/congregate care
facilities shall pay at the assisted living rate.
5. Bed and Breakfasts developed in Residential areas shall pay the
hotel/motel rate set forth for the Commercial Land Use Class.
D. The PF fee for commercial development shall be based upon three factors:
1. the gross floor area, as defined in Chapter 17.04 of the Municipal
Code including any patio area under a horizontal projection of the
roof, the floor above or other covering, when such area is used for
activities integral to the commercial business which is used to
calculate the Traffic, Public Safety, Public Facilities and Water
components;
2. the daily flow rate in gallons under average dry weather flow
conditions, as determined by the city engineer, which is used to
calculate the sewer component; and
Ordinance No. 840
(Page 5 of 10)
3. the gross disturbed site area which is used to calculate the drainage
component.
E. The Commercial Land Use Class applies to all areas designated as
"Commercial" on the city's general plan diagram, as it may be amended
from time to time.
1. Commercial development of general offices shall pay the general
office rate.
2. Commercial development of hotels, motels or bed and breakfasts
shall pay the hotel/motel rate.
3. . All other development in Commercial areas shall pay the retail
rate.
F. The PF fee for industrial development shall be based upon three factors
1. the gross floor area, as defined in Chapter 17.04 of the Municipal
Code, including any patio area under a horizontal projection of the
roof, the floor above or other covering, when such area is used for
activities integral to the industrial business.
2. the daily flow rate in gallons under average dry weather flow
conditions, as determined by the city engineer, which is used to
calculate the sewer component; and
3. the gross disturbed site are.a which is used to calculate the drainage
component
G. The Industrial Land Use Class applies to all areas designated as
"Industrial" on the city's general plan diagram, as it may be amended from
time to time.
1. General offices developed in industrial areas shall pay the general
office rate set forth for the Commercial Land Use Class.
2. Industrial development of warehouses shall pay the warehouse
rate.
3. All other development in industrial areas shall pay the industrial.
rate.
H. The PF fee for mixed use development shall be the sum of the appropriate
residential development rates (based on units) and nonresidential
development rates (based on square footage, daily flow rate and gross
disturbed site area) for each use proposed on the site.
Ordinance No. 840
(Page 6 of 10)
1. The PF fee for institutional development shall be based on the
nonresidential rate that most closely reflects the proposed use (e.g.
institutional offices shall pay at the general office rate).
J. The PF fee for land uses not shown in the above table will be determined
by the city manager or his designee who shall determine such fee based on
analysis of the public service impacts of the proposed use in relation to
other uses described in subsection (A), above.
K. If a development permit is issued that would alter the amount of the PF fee
due for the development or require the payment of a new or additional PF
fee, any such previously paid fees shall be credited against the new total
fee due, as determined by the planning director; provided, however, that,
in no event, shall the city refund the fees previously paid because of a
change in land use.
L. The PF fee for additions to, or replacement or intensification of an existing
nonresidential use shall be paid only on the net increase in square footage,
net increase in average dry weather flow rate or net increase in site
disturbance compared to that which existed as of October 1, 2011.
M. Exemptions. The following new developments are exempted from paying
the PF fee:
1. Second dwelling units on residential single-family lots meeting the
definition of "second dwelling or residential unit" established in
Chapter 17.04 of the Municipal Code;
2. Additions of accessory structures meeting the definition of
"accessory building or use" established in Chapter 17.04 ofthe
Municipal Code;
3. Addition of habitable living space to an existing single-family unit;
and
4. Construction of public buildings necessary to provide service to
new development.
Section 8.
Section 3.28.060 is amended to read as follows:
3.28.060 - Public facilities fee collection.
The public facilities fee shall be imposed upon building permit issuance and shall
be paid at the rate in effect at the time of building permit issuance, or at such
earlier time as permitted by law as set forth in Government Code Section 66007.
Provided, that portion of the public facilities fee based upon the cost of providing
sewer or water connections shall be imposed and paid upon application for the
service, unless collection at an earlier time is permitted by law.
Ordinance No. 840
(Page 7 of 10)
Section 9.
Section 3.28.070 is amended to read as follows:
3.28.070 - Public facilities fee fund established---accounts, appropriations,
and refunds.
A. Accounts and Limited Use of Fees. The revenue raised by payment of this
fee shall be placed in a separate and special account and such revenues,
along with any interest earnings on the account, shall be used solely to:
1. Pay for the city's future construction of facilities described in the
resolution enacted pursuant to Section 3.28.040 above, or to
reimburse the city for those described or listed facilities
constructed by the city with funds advanced by the city from other
resources; or
2. Reimburse developers who have been required or permitted by
Section 3.28.080 below to install such listed facilities, which are
oversized with supplemental size, length or capacity.
If a fee account has previously been established pursuant to a separate ordinance
for deposit of funds from development impact fees, such account shall be deemed
to be a PF fee account pursuant to this chapter. The city shall establish and
implement necessary accounting control to ensure that the fee funds are properly
deposited and appropriated in accordance with this chapter and other legal
requirements.
B. Appropriations. The city, as part of the annual budget and capital
improvements programming process shall, each year, identify the public
facility projects anticipated to be funded in whole or in part with the PF
fees. The recommendations shall be based upon the annual review set
forth in Section 3.28.030 and other such information as may be relevant.
The recommendations shall be consistent with the provisions of this
chapter, the specific fee resolutions, applicable legal requirements and
guidelines to be adopted by the city council.
C. Refunds. The revenue raised through the imposition of the PF fees is
intended to fund public facilities that mitigate the impacts of new
development. In accordance with Government Code Section 66001 the
city may continue to collect PFFJLfees until the identified public facilities
improvement program is complete. Upon completion of the program, the
city shall issue PF fee refunds in accordance with Government Code
Section 66001, subsections (e) and (t).
D. Abandonment of development after initiation of construction. A property
owner who has paid a PF fee for an impact producing development for
which a building permit has been issued and construction initiated, but
which is abandoned prior to issuance of a certificate of occupancy, shall
Ordinance No. 840
(Page 8 of 10)
not be eligible for a refund unless the uncompleted building is completely
demolished and any utility service is disconnected. Application for a
refund shall be made upon forms provided by the city. Upon receipt of a
complete application for refund, the city manager shall review the
application and documentary evidence submitted by the applicant as well
as other information and evidence as may be deemed relevant and make a
determination of whether a refund is due. Refunds by direct payment shall
be made following an affirmative determination by the city manager.
Section 10.
Section 3.28.080 is amended to read as follows
3.28.080 - Credits and reimbursements.
A. Credit for Developer Construction of Facilities. Whenever a developer is
required, as a condition of approval of a development permit, to construct
a public facility described in the City's Public Facilities Finance Plan, and
when such construction is necessary to ensure efficient and timely
construction of the facilities network, a credit against the PF fee, which
would otherwise be charged pursuant to this article on the development
project, shall be offered. The credit shall not include the portion of the
improvement needed to provide services or mitigate the need for the
facility or the burdens created by the development. This credit provision
is supplemental to the provisions relating to reimbursement in the city's
subdivision ordinance and Government Code Sections 66000 and
following.
B. Overlap with Other Fees. To the extent that the PF fee includes
components for financing projects already included in fees collected under
other city ordinances, such other fees, when paid, shall be a credit against
the appropriate components of the PF fee.
C. Overlap with Bond Financing Districts. To the extent that some or all of
the projects proposed to be financed by the PF fee are financed through a
community facilities district, special assessment district or other financing
mechanism, participation in such other financing mechanism shall be a
credit against the appropriate component of the PF fee.
Section 11. Section 13.26.080 is amended to read as follows:
13.26.080 - New connections to city sewer system.
All connections made to the city sewer service shall provide, at the owners' cost,
a fully functioning sewer lateral in compliance with the requirements of Chapters
3.2 and 13.08 through 13.52 of this code, the Uniform Building Code, California
Plumbing Code and other applicable regulations adopted by the city, applicable
city stand!lrds and the plans and specifications for the construction approved by
the city engineer.
/
Ordinance No. 840
(Page 9 of 10)
Section 12. SEVERABILITY. If any provision of this Ordinance or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are severable.
The City Council hereby declares that it would have adopted this Ordinance irrespective
of the invalidity of any particular portion thereof.
Section 13. EFFECTIVE DATE AND PUBLICATION. This Ordinance shall be in
full force and effect thirty (30) days after its adoption and shall be published and posted
as required by law.
This ordinance was introduced on the 8thday of November ,2011 and
DULY AND REGULARLY ADOPTED this 22nd day of November
by a four-fifths vote of the City Council as follows:
,2011
AYES: Four (4) Council Members Ahanotu, Mackenzie, Stafford and Mayor Belforte
NOES: None (0)
ABSENT: One (1) Council Member Callinan
ABSTAIN: N01l(~r)(O)
-A6/il-jCi1y ClerU" / lP~ 1/
Ordinance No. 840
(Page 10 of 10)