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2012/05/08 City Council Resolution 2012-44RESOLUTION NO. 2012-44 A RESOLUTION OF THE CITY COUNCIL OF ROHNERT PARK UPDATING THE PUBLIC FACILITIES FEE SCHEDULE FOR ALL DEVELOPMENT WITHIN THE CITY OF ROHNERT PARK BY REPEALING AND REPLACING THE FEE SCHEDULE ESTABLISHED BY RESOLUTION NO. 2011-112 WHEREAS, the General Plan of the City of Rohnert Park requires that new development pay its proportionate share of the cost of capital improvements made necessary by that new development; and WHEREAS, on November 8, 2011 the City Council of the City of Rohnert Park conducted a duly noticed public hearing to receive and consider public comments on the 2011 Update to its Public Facilities Finance Plan (2011 Update) and the recommended Public Facilities (PF) set forth in it, and upon completion of that hearing the City Council unanimously adopted Resolution 2011 -109 accepting the 2011 Update; and WHEREAS, the City Council, by enacting Ordinance No. 840 on November 22, 2011, determined that a single fee program covering all planned facilities provides a more clear and easily administered method for complying with such General Plan policies; WHEREAS, pursuant to Resolution No. 2011 -112 the City Council of the City of Rohnert Park the Council established Public Facilities fees based upon the 2011 Update, which was made available for public review at the Office of the City Clerk for at least fourteen days prior to the public hearing on said Resolution; WHEREAS, the City set the amount of the fee based on the 2011 Update and adopted a fee schedule set forth in Attachment 1 to Resolution No. 2011 -112; WHEREAS, due to a clerical error, the Attachment 1 presented to the City Council was not the most current version of the Public Facilities fee schedule; WHEREAS, the City Council wishes to correct the clerical error by updating the fee schedule with the fee schedule set forth in Attachment 1 A, attached hereto; WHEREAS, the PF fees set forth in Attachment IA are designed to supersede those same PF fees in Attachment 1, but shall have no effect on the remainder of Resolution No. 2011 -112; WHEREAS, adopting an accurate Public Facilities fee schedule is to the benefit of all parties involved in developing property because it assures that each development supports its fair share of needed facilities; WHEREAS, the City Council finds and determines as follows: A. The 2011 Update complies with California Government Code Section 66001 by establishing the basis for imposition of fees on new development. In particular, the 2011 Update: 1. Identifies the purpose of the fee; 2. Identifies the use to which the fee will be put; 3. Shows :a reasonable relationship between the fee's use and the type of development project on which the fee is imposed; OAK #4849 - 0375 -5791 v1 4. Shows a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed because the new facilities are sized to accommodate the increased population and increased vehicle trips that will be generated by each type of development; and 5. Shows a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed because the proposed fees are proportional to the new population and new traffic generated by each type of development. B. The fees collected pursuant to this Resolution shall be used to finance the public facilities described or identified in the 2011 Update or other public facility master plans as may from time to time be adopted by the City Council. C. After considering the specific project descriptions and cost estimates identified in the 2011 Update, the City Council approves such project descriptions and cost estimates, and finds them reasonable as the basis for calculating and imposing an updated PF Fee. D. The projects and fee methodology identified in the 2011 Update continue to be consistent with the City's General Plan including recent updates to the General Plan. E. The 2011 Update categorically exempt from environmental review pursuant to the California Environmental Quality Act guidelines section 15061(b)(3). The intent of the PF Program, the 2011 Update and the proposed PF fees is to provide one means of mitigating potential environmental impacts which have been identified in environmental analyses of other planning efforts, including the General Plan EIR. WHEREAS, notice of the public hearing before the City Council on this correction to the PF Fees was published twice in the newspaper for at least ten (10) days pursuant to Government Code 6062(a) and was mailed to interested persons who requested the information fourteen (14) days in advance; WHEREAS, for at least ten (10) days prior to the public hearing a copy of the 2011 Update and the corrected PF Fee Schedule was made available for public review at the City Clerk's office; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Rohnert Park, that Resolution No. 2011 -112 is amended as follows: 1. Amendment of Paragraph 2. Paragraph 2 (Amount of Fee) of Resolution No. 2011 -112 is amended in its entirety to read as follows: The PF Fee for various classes of land use and various benefiting areas are set forth in Attachment IA, which is attached hereto and incorporated by this reference. The land use classes set forth are intended to be generally consistent with the Land Use Framework outline in the General Plan including recent updates to the General Plan and that Land Use Framework should be consulted as necessary to support accurate determination of fees. 2. Attachments. Attachment 1 to Resolution No. 2011 -112 is hereby repealed in its entirety and replaced by Attachment IA, which is attached hereto and incorporated by this reference. BE IT FURTHER RESOLVED by the City Council of the City of Rohnert Park, that: 1. Recitals. The recitals to this Resolution and true and correct and material to the adoption of OAK #4849 - 0375 -5791 v] this Resolution. 2. Effect on Resolution 2011 -12. Except as expressly provided for herein, the adoption of this Resolution shall have no effect on the Resolution 2011 -112, which shall remain in full force and effect. 3. Judicial Action to Challenge this Resolution. Any judicial action or proceeding to attack, review, set aside, void or annul this Resolution shall be brought within 120 days of the date of adoption of this Resolution. 4. Severability. If any provision or clause, or paragraph of this resolution or the imposition of a PF fee for any project with the 2011 Update or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this resolution or other fees levied by this resolution which can be given effect without the invalid provisions or application of fees, and to this end the provisions of the resolution are declared to be severable. 5. Effective Date. Pursuant to Government Code section 60017, this Resolution shall take effect sixty (60) days after its adoption. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 8th day of May, 2012 by the following vote: AYES: FIVE (5) Councilmember Ahanotu, Belforte, Callinan, Stafford and Mayor Mackenzie NOES: NONE (0) ABSENT: NONE (0) ASBSTAINNONE (0) ipltFORNiA AHANOTU: AYE BELFORTE: AYE CALLINAN: A STAFFORD: AYE MACKENZIE:AYE AYES: (5 ) NOES: (0 ) ABSENT: ( 0) ABSTAIN: (0 ) Exhibit(s): Attachment IA OAK #4849 - 0375 -5791 vl Attachment 1A Public Facilities Fee Schedule Table 1 Residential Fees Table 2 Non - Residential Fees Applied to Enclosed Thousand Square Feet (TSF) Public Facilities Fee Zones Land Use Designation Infill Infill Northeast University Southeast Sonoma Northwest Wilfred Stadium Canon General Office (enclosed tsf) East of West SPA District SPA SPA Mountain SPA Dowdell Lands Manor Hotel /Motel (enclosed tsf) Hwy of Hwy NA $6,068 $6,068 Village PD $6,401 SPA PD SPA Retail (enclosed tsf) 101 101 NA $12,676 $12,676 $12,676 $13,253 $13,253 $13,253 NA Single Family Residential $2,661 $2,966 NA $2,756 $2,756 $2,756 $2,966 $2,966 $2,966 NA Heavy Industrial (enclosed tsf) $17,967 $19,445 $27,873 $28,270 $25,590 $21,945 NA NA NA $20,130 (Unit) $2,140 $2,446 NA $2,236 $2,236 $2,236 $2,446 $2,446 $2,446 NA Multi - Family Residential $11,569 $12,520 $17,340 $17,434 $16,560 $14,181 $12,873 NA $12,964 $13,144 (Unit) Senior Housing (Unit) 1 $10,983 $11,907 NA NA NA NA NA NA NA NA Assisted Living (Unit) 1 $9,551 $10,013 NA NA NA NA NA NA NA NA Table 2 Non - Residential Fees Applied to Enclosed Thousand Square Feet (TSF) Public Facilities Fee Zones Land Use Designation Infi112 East of Hwy 101 Infi112 West of Hwy 101 Northeast SPA University District SPA Southeast SPA Sonoma Mountain Village PD Northwest SPA Wilfred Dowdell SPA Stadium Lands PD Canon Manor SPA General Office (enclosed tsf) $8,264 $9,586 NA $8,678 $8,678 $8,678 $9,586 $9,586 $9,586 NA Hotel /Motel (enclosed tsf) $5,916 $6,593 NA $6,068 $6,068 $6,068 $6,401 $6,401 $6,401 NA Retail (enclosed tsf) $12,413 $13,253 NA $12,676 $12,676 $12,676 $13,253 $13,253 $13,253 NA Light Industrial (enclosed tsf) $2,661 $2,966 NA $2,756 $2,756 $2,756 $2,966 $2,966 $2,966 NA Heavy Industrial (enclosed tsf) $2,661 $2,966 NA $2,756 $2,756 $2,756 $2,966 $2,966 $2,966 NA Warehouse (enclosed tsf) $2,140 $2,446 NA $2,236 $2,236 $2,236 $2,446 $2,446 $2,446 NA Attachment 1A Public Facilities Fee Schedule Table 3 Non - Residential Fees Applied to Gallons of Wastewater Generated (GAL) Table 4 Non - Residential Fees Applied to Disturbed Site Area (TSF) Public Facilities Fee Zones Land Use Designation InfillZ East of Hwy 101 Infil12 West of Hwy 101 Northeast SPA University District SPA Southeast SPA Sonoma Mountain Village PD Northwest SPA Wilfred Dowdell SPA Stadium Lands PD Canon Manor SPA General Office (gallon) $64.30 $64.30 NA $109.49 $106.42 $106.42 $64.30 $64.30 $64.30 $106.42 Hotel /Motel (gallon) $64.30 $64.30 NA $109.49 $106.42 $106.42 $64.30 $64.30 $64.30 $106.42 Retail (gallon) $64.30 $64.30 NA $109.49 $106.42 $106.42 $64.30 $64.30 $64.30 $106.42 Light Industrial (gallon) $64.30 $64.30 NA $109.49 $106.42 $106.42 $64.30 $64.30 $64.30 $106.42 Heavy Industrial (gallon) $64.30 $64.30 NA $109.49 $106.42 $106.42 $64.30 $64.30 $64.30 $106.42 Warehouse (gallon) $64.30 $64.30 NA $109.49 $106.42 $106.42 $64.30 $64.30 $64.30 $106.42 Table 4 Non - Residential Fees Applied to Disturbed Site Area (TSF) Public Facilities Fee Zones Land Use Designation InfillZ East of Hwy 101 InfillZ West of Hwy 101 Northeast SPA University District SPA Southeast SPA Sonoma Mountain Village PD Northwest SPA Wilfred Dowdell SPA Stadium Lands PD Canon Manor SPA General Office (disturbed tsf) NA NA NA $267 NA NA $243 $243 $243 NA Hotel /Motel (disturbed tsf) NA NA NA $267 NA NA $243 $243 $243 NA Retail (disturbed tsf) NA NA NA $267 NA NA $243 $243 $243 NA Light Industrial (disturbed tsf) NA NA NA $267 NA NA $243 $243 $243 NA Heavy Industrial (disturbed tsf) NA NA NA $267 NA NA $243 $243 $243 NA Warehouse (disturbed tsf) NA NA NA $267 NA NA $243 $243 $243 NA Attachment 1A Public Facilities Fee Schedule Notes 1. See 2011 Update to the Public Facilities Finance Plan for detailed presentation of calculations (Adopted 11/8/11 by City Council Resolution 2011 -109) 2. "Infill Development" is all development (new, remodel or reconstruction) outside of the defined Specific Plan Areas or Planned Developments 3. Non - residential fees are calculated by summing the values from Tables 2, 3 and 4 for the type of land use proposed 4. "Mixed Use" fees are calculated by summing the fees calculated for each type of land use within the mixed use proposal 5. NA or Not Applicable means that a particular fee component does not apply within the defined geographic area because: New development within that geographic does not create impacts to certain infrastructure systems; or b. Approved Specific Plans do not include certain land use classes, hence fee components have not been computed 6. Enclosed Thousand Square Feet is calculated based on 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. 7. Disturbed Thousand Square Feet is calculated based on the total area approved for grading on the property.