2004/07/13 City Council Resolution 2004-167RESOLUTION NO. 2004 -167
A RESOLUTION OF THE CITY COUNCIL OF ROHNERT PARK
ESTABLISHING A PUBLIC FACILITIES FEE FOR ALL DEVELOPMENT WITHIN THE CITY
OF ROHNERT PARK AND REPEALING RESOLUTIONS NOS. 98 -25 AND 98 -42
WHEREAS, on July 25, 2000 City Council of the City of Rohnert Park (City Council) approved a
comprehensive update to its General Plan, which has subsequently been revised (the General Plan); and
WHEREAS, the General Plan provides that new development will provide the necessary public
infrastructure and services necessary to mitigate its impacts; and
WHEREAS, on June 25, 2002 the City commissioned the preparation of the City of Rohnert Park Public
Facilities finance Plan (PFFP) with the intent of quantifying the impacts created by new development, the
costs required to mitigated these impacts and the development impact fee that was appropriate for each
category of new land use; and
WHEREAS, on April 22, 2004 the Planning Commission of the City of Rohnert Park approved
Resolution No. 2004 -19 finding that the Draft Public Facilities Financing Plan is in substantial conformity
with the Rohnert Park General Plan 2000.
WHEREAS, on May 25, 2004 The City conducted a duly noticed Public Hearing to receive and consider
public comments on the PFFP and upon completion of that hearing the City Council unanimously approved
the PFFP; and
WHEREAS, the City Council previously adopted Resolution No. 98 -25 "Updating Future Traffic Signal
Needs and Increasing "Traffic Signals Fee for the Rohnert Park Major Thoroughfare District," which is
superseded by the Public Facilities Financing Program; and
WHEREAS, the City Council previously adopted Resolution No. 98 -42 " A Resolution of the City
Council of Rohnert Park Outlining Policy Concerning Use of Fees Deposited in Capital Outlay Fund," which
is superseded by the Public Facilities Financing Program; and
WHEREAS, on July 13, 2004, the City conducted a duly noticed Public Hearing to receive and consider
public continents on an Ordinance which created and established the authority for imposing and charging
development impact fees, also known as the Public Facilities Fee, and upon completion of that hearing the
City Council approved its Ordinance No. 715; and
WHEREAS, the City Council finds and determines as follows:
A. With respect to the fees to be collected pursuant to this resolution, the City of Rohnert Park Public
Facilities Finance Plan, draft dated April 13, 2004, complies with California Government Code Section
66001 by establishing the basis for imposition of fees on new development. In particular, with respect to
those fees, the City of Rohnert Park Public Facilities Finance Plan:
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;
4. shows a reasonable relationship between the need for the public facility and the type of development
project on which the fee is imposed; 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.
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B. The fees collected pursuant to this resolution shall be used to finance improvements, and utility modeling
and system planning studies, described or identified in Chapter 2 of the PFFP dated April 13, 2004, with
the exception of the following:
1, State Farm Drive Overcrossing;
2. Wilfred Avenue /Golf Course Drive Interchange;
3. Bicycle facilities other than bicycle lanes shown in the General Plan, and to be included in roadways
that are proposed to be built or improved with the fees collected pursuant to this resolution; and
4. Any other regional improvements referenced in section 2.11, 2.11.1, or 2.11.2 of the PFFP.
C. After considering the specific project descriptions and cost estimates for the facilities to be financed by
fees collected pursuant to this resolution, the City Council approves such project descriptions and cost
estimates, and finds them reasonable as the basis for calculating and imposing a Public Facilities Fee.
D. The projects and fee methodology identified in the PFFP in connection with the facilities to be financed
by fees collected pursuant to this resolution are consistent with the City's General Plan;
E. The PFFP is not an approval of a project, as defined by Public Resources Code sections 21065 and
21080 or CEQA Guidelines sections 15352 and 15378, as it merely proposes collection of fees to fund
improvements already planned by the City.
NOW, THEREFORE, it is hereby resolved by the City Council of the City of Rohnert Park, that:
1. . Amount of Fee. The Public Facility Fee for various classes of land use are established as set forth
below. The land uses classes set forth are intended to be generally consistent with the Land Use
Framework outline in the General Plan and this Land Use Framework should be consulted as
necessary to support accurate determination of fees.
Land Use Class
Public Facilities Feel
Areas East of Highway 101
Areas West of Highway 101
Residential Land Use Class
Single Family Residential
$8,243 /unit
$6,666 /unit
Multi - Family Residential
$5,215 /unit
$4,230 /unit
Senior Housing
$4,584 /unit
$3,599 /unit
Assisted Living
$2,797 /unit
$2,304 /unit
Commercial Land Use Class
General Office
$4,878 /thousandsquare feet
$4,716 /thousands uare feet
Hotel
$6,427 /thousand square feet
$5,908 /thousand square feet
Retail
$13,300 /thousandsquare feet
$12,425 /thousandsquare feet
Industrial Land Use Class
Industrial
$2,942 /thousandsquare feet
$2,618 /thousandsquare feet
Warehouse
$2,407 /thousandsquare feet
$2,083 /thousand square feet
1 The Public Facilities Fee includes a component for Community Fields. Fee payments towards Community Fields will
be credited to the developer's Quimby Act obligations.
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2. Use of Fee. The fee shall be solely used: (a) for the purposes described in finding B above; (b) for
reimbursing the City for the development's fair share of such capital improvements, to the extent
they have been already constructed by the City; or (c) for reimbursing developers who have
constructed public facilities described in the PFFP where those facilities were beyond the in lieu
contribution of facilities needed to mitigate the impacts of the developers' project or projects.
3. Automatic Increase. The Public Facilities Fee will automatically increase on July 1 in each year
hereafter in accordance with any increases in the Engineering News Record Construction Cost Index
for the fiscal year ending on such July 1.
4. Fee Review. Annually, as part of the budget process, the City Manager shall review the estimated
cost of the described capital improvements, the continued need for those improvements and the
reasonable relationship between such need and the impacts of the various types of development
pending or anticipated and for which this fee is charged. The City Manager shall report his or her
findings to the City Council at a noticed public hearing and recommend any adjustment to this fee or
other action as may be needed.
5. 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 effective date of
adoption of this resolution.
Severability. If any provision or clause, or paragraph of this resolution or the imposition of a PFFP
fee for any project with the City of Rohnert Park Public Facilities Finance Plan 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.
7. Repeal. Resolutions Numbers 98 -25 and 98 -42 are hereby repealed.
8. Effective Date. 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 13th day of
July, 2004 by the following vote:
AYES: Five (5) Council Members Flores, Mackenzie, Spradlin, Vidak — Martinez
and Mayor Nordin
NOES: None (0)
ABSENT: None (0)
ASBSTAIN: None (0)
ATTEST:
APPROVED AS TO FORM:
I A"- P' AAkt-t-- -
L11iteriki City Attorney Gabrielle Whelan
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