2007/11/13 City Council Resolution 2007-189RESOLUTION NO. 2007-189
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
MODIFYING A PUBLIC FACILITIES FEE PAID
BY CROSS & CROWN LUTHERAN CHURCH
WHEREAS, Government Code Sections 66000 and following set forth a method by
which cities can require that new development pay for its impacts on public infrastructure;
WHEREAS, in accordance with Government Code Sections 66000 and following, the
City adopted Chapter 3.28 of the Municipal Code;
WHEREAS, Municipal Code Chapter 3.28, "Public Facilities Fee," ( "PFF ") establishes
a citywide development impact fee for impact - producing development;
WHEREAS, the purpose of the impact fee is to mitigate the impacts of development in
the City and insure that development pays its proportionate share of the cost of providing public
infrastructure;
WHEREAS, Section 3.28.020 defines "impact- producing development" as any new
development that places additional demand upon the City's infrastructure system;
WHEREAS, Cross & Crown Lutheran Church ( "Applicant ") applied for a building
permit for a 2,812 square foot expansion ( "Project ") to an existing church facility;
WHEREAS, the Project is located in a `Public Institutional" zoning district;
WHEREAS, Municipal Code Section 3.28.050(F) provides that the impact fee for
institutional development shall be based on the nonresidential rate that most closely reflects the
proposed use;
WHEREAS, the office use most closely reflects the proposed church and meeting
facility use in that the proposed use of the project is similar to the codified definition of general
office space found in Municipal Code Section 3.28.020 and Municipal Code Chapter 17.04;
WHEREAS, the City's Building Official, acting as designee of the City Manager,
originally determined pursuant to Municipal Code Section 3.28.050 that the entire 2,812 square
feet of the Project should be charged an impact fee;
WHEREAS, Applicant requested and received review of the Building Official's
determination by the Assistant City Manager;
WHEREAS, the Assistant City Manager agreed with the Building Official's
determination with respect to methodology but concluded that 547 square feet — rather than the
initial 2,812 square feet — would constitute impact - producing development;
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WHEREAS, this determination is based upon the fact that the 547 square feet of the
expansion will be a new conference room, expanded hallway space, closet and storage space, and
Americans with Disabilities Act compliant restrooms;
WHEREAS, the square footage of the Project determined to be exempt from the impact
fee is 2,265;
WHEREAS, the Applicant was charged an impact fee of $8,014.09 based on 547 square
feet at the established rate for "General Office in the Commercial Land Use Class;"
WHEREAS, pursuant to Municipal Code Section 3.28.09, the Applicant appealed to the
City Council for an exemption from or waiver of the $8,014.09 impact fee; and
WHEREAS, the City Council held a publicly noticed hearing on the Applicant's appeal
at its October 23, 2007 meeting, received oral and written testimony from the Applicant,
deliberated and determined that a modification of the impact fee was warranted.
NOW, THERFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT. PARK,
CALIFORNIA, does resolve:
1. The City Council finds that:
A. The Project is subject to Municipal Code Section 3.28, "Public Facilities Fee."
B. The Project is within a district zoned "Public Institutional." The use of the
project is of a transitory, not a permanent, nature. Pursuant to Municipal Code
Section 3.28.050(F), the impact fee for "Hotel" is the "nonresidential use that
most closely reflects the proposed use" and the corresponding rate should be
applied to determine the applicable impact fee for the Project.
C. One element of the Project is an expansion of the facility's lobby. The lobby
is designed such that it will enhance the experience of the facility's existing
users without drawing new users to the facility. The square footage of the
lobby and related accessory elements should be exempted form the calculation
of the impact fee.
D. The remaining square footage of the Project consists of a conference room.
This conference room constitutes impact - producing development that is
subject to the City's impact fees as adopted by City Council Resolution No.
2007 -113.
2. The square footage of the conference room is to be determined by a professional
architect and submitted to the City's Building Official.
3. The Building Official is to calculate the appropriate impact fee based on the
findings contained herein. The Applicant shall be charged the modified impact fee. Any funds
on deposit in excess of this fee shall be refunded.
4. This resolution takes effect upon its adoption.
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DULY AND REGULARLY ADOPTED this 13th day of November, 2007.
CITY OF ROHNERT PARK
M yor Pro Temp e
ATTEST:
. A
APPROVED AS TO
istant City
BREEZE: AYE MACKENZIE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: ABSENT
AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0)
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