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HomeMy WebLinkAboutOrdinances_2704 6✓ n t ORDINANCE NO 2704 AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER 3 53 OF THE REDLANDS MUNICIPAL CODE TO ESTABLISH DEVELOPMENT IMPACT FEES FOR NON-POTABLE WATER FACILITIES WHEREAS, pursuant to the State's Mitigation Fee Act, contained in Government Code Section 66000 et seq , the City Council of the City of Redlands ("this City Council") is authorized to impose development impact fees to ensure that new development pays the capital costs of public facilities necessary to serve such development, and WHEREAS, this City Council has commissioned a comprehensive study, entitled "Non-potable/Recycled Water Rate Analysis and Development Impact Fee Study" (the "Fee Study"), to establish a nonpotable water development impact fee to impose on new development to construct and maintain nonpotable water facilities to meet customer demands, and WHEREAS, the General Plan of the City of Redlands requires that public services and facilities be constructed, provided and made available concurrent with the community's needs for such services and facilities, and WHEREAS, at a duly noticed public meeting of this City Council, verbal and written testimony was presented to this City Council relating to the establishment of a development impact fee for nonpotable water facilities, and WHEREAS, based upon such testimony, this City Council has determined that the establishment of a nonpotable water development impact fee is necessary to recover the reasonable costs the City incurs by providing nonpotable water service to its customers, and WHEREAS, in accordance with Government Code sections 66013 and 66017, prior to establishing the nonpotable development impact fee described in this Ordinance, the City has held at least one noticed, open and public, regularly scheduled meeting at which the fee was discussed, and has mailed, at least 14 days prior to the meeting, notice to interested persons, and WHEREAS, at least 10 days prior to the meeting, the City has made available to the public data indicating the City's cost required to provide the services for which the fee will be levied, and the anticipated revenue to provide such services, and DJM/Ord/2704 6/l9/08 3 28 p in WHEREAS, after a careful review of the Fee Study, this City Council finds that A The Fee Study complies with California Government Code section 66001 by establishing the basis for imposition of fees on new development, and that the Fee Study 1 Identifies the purpose of the fee, which is to construct nonpotable water facilities as the City grows into the future, 2 Identifies the uses to which the fee will be put by identifying needed facilities identified in the City's nonpotable water master plan, 3 Shows a reasonable relationship between the fee's use and the type of development projects on which the fee is imposed, by assessing the extent to which current assets are serving the current service population and establishing the amount of the fee accordingly, 4 Shows a reasonable relationship between the need for the public facilities to be financed by the fee and the type of development projects on which the fee is imposed by showing how existing facilities are serving existing services populations, and 5 Shows a reasonable relationship between the amount of the fee and the cost of the public facilities, or portion of the public facilities, attributable to the development projects on which the fee is imposed B The fee collected pursuant to this Ordinance shall be used to finance the nonpotable water facilities described in the Fee Study and the nonpotable water master plan as may be, from time to time, adopted by this City Council C After considering the cost estimates identified in the Fee Study, this City Council approves such cost estimates, and finds them reasonable as a basis for calculating and imposing the nonpotable water development impact fee, D The facilities and fee methodology identified in the Fee Study are consistent with the City's General Plan, and WHEREAS, the City shall deposit the funds received pursuant to this Ordinance in separate capital facility accounts and shall account for the funds in a manner to avoid commingling with any other monies, except for interest, and shall expend the funds collected pursuant to this Ordinance solely for the purposes they were collected, and DJMIOrd12704 2 6/19/08 3 28 p in WHEREAS, approval of the Fee Study and the adoption of this Ordinance are activities which are categorically exempt from environmental review pursuant to California Environmental Quality Act ("CEQA") Guidelines section 15061(b) (3), because CEQA applies only to projects which have the potential for causing a significant effect on the environment, and this City Council has determined it can be seen with certainty that there is no possibility that the approval of the Fee Study and the adoption of this Ordinance may have a significant effect on the environment, and as such are not subject to CEQA, THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS Section 1. The City of Redlands Fee Study prepared by Raftelis Financial Consultants, Inc, dated June 3, 2008, is hereby approved and adopted Section 2 Chapter 3 53 of the Redlands Municipal Code relating to the City's nonpotable water service rate schedule is hereby amended to read as follows "Chapter 3 53 Nonpotable Water Service Rates and Development Impact Fees 3 53 010 Establishment There is established a nonpotable 3 53 020 Nonpotable Water Service Rates Amounts of charges are set out in Table 3 53 030 Nonpotable Water Capital Improvement Fund A nonpotable water capital improvement fund is hereby established to implement the Redlands General Plan and finance the construction of nonpotable water capital facilities to provide new capacity required to serve new development requiring nonpotable water service from the City Included are development of nonpotable water resources, nonpotable water production, transmission, storage, and other capital facilities and appurtenances over and above the eight inch (8") distribution DJMIOrd12704 3 6/19108328pm mains and appurtenances used to serve property frontage The City Council finds that the construction of nonpotable water capital facilities benefits all new development which is required to obtain nonpotable water service from the City This Chapter shall establish the method of collecting fees for financing construction of the nonpotable water capital facilities other than those facilities which are provided through the approval of subdivisions, parcel map, or other development entitlements conditioned under Title 18, "Zoning," of this Code All interest on the cash balance of the fund shall accrue to the nonpotable water capital improvement fund 3 53 040 Definitions A "Development" means any use to which land is put, building or other alteration of land and construction incidental thereto B "Nonpotable water capital facilities" means the water capital facilities described in the "Non-potable/Recycled Water Rate Analysis and Development Impact Fees Study" as prepared by the Municipal Utilities and Engineering Department and approved by the City which identifies facilities and improvements required to serve new development that will be required to obtain City nonpotable water service 3 53 050 Fees Except as otherwise provided for in this section, the nonpotable water developer impact fee shall be paid as a condition of approval of an application for a new nonpotable water connection or, for any property or use having an existing nonpotable water connection and which is increasing its water demand on the City's utilities system, as a condition of issuance of any building permit, business license or other entitlement from the City associated with the change in the property or use that is causing such increased demand The fee due shall be that charge in effect on the date the application for a connection is approved or on the date the entitlement authorizing the increased demand is issued All nonpotable water developer impact fees shall be deposited into the City's nonpotable water capital improvement fund The amounts of fees shall be established as provided for in section 3 53 060 of this Chapter 3 53 060 Amount of Fee A The nonpotable water development impact fee for all new development shall be in the amount of $ 146/100 cubic foot estimated flow/month Effective .January 1, 2010, this fee will automatically increase based upon the engineering news report construction cost index up to a maximum of 5 percent DJM/Orcl12704 4 6/19/08 3 28 p m B Adjustment of Fee On January 1, 2010, and every two years thereafter, the City's Finance Director, in coordination with the City's Municipal Utilities and Engineering Director, shall make annual adjustments to the non-potable water development impact fee established by this Chapter by a percentage equal to the percentage change in the Engineering News Record's Construction Cost Index — twenty cities annual average for the preceding twelve (12) month period The purpose of such adjustment is to offset the effects of inflation related construction cost increases or any deflation related decreases If this index should cease publication, the Finance Director shall use any appropriate official index published by the Bureau of Labor Statistics or similar agency as may then exist or may then be most nearly equivalent thereto " Section 3 Severability If any portion of this Ordinance is found to be unconstitutional or invalid, this City Council hereby declares that it would have enacted the remainder of this Ordinance regardless of the absence of any such invalid part Section 4 Effective Date This Ordinance shall be in force and take effect sixty (60) days after the date of this City Council's adoption of this Ordinance Section 5 This City Council hereby determines that the adoption of this Ordinance is exempt pursuant to the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15061 (b)(3) Section 6 Certification The City Clerk shall certify to the adoption of this Ordinance and cause it to be published once in the Redlands Daily Facts, a newspaper of general circulation printed and published in this City M or of the City of Redlands ATTEST City Jerk 610 DJM/Ord/2704 5 6/19/08 3 29 p in I, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the forgoing Ordinance was duly adopted by the City Council at a regular meeting thereof held on the 5th day of August, 2008 by the following vote AYES Councilmembers Gilbreath, Gallagher, Aguilar, Bean, Mayor Harrison NOES None ABSENT None ABSTAIN None Lorne oyzer, Ci e k Ci_irrr OCAMON t.e.L.M.Po"w.CW/Cl.rk d*w CRY or Radiands. Calla ia,do hereby aerft NW this is a Irw and eom of oam or ordlnoroa No a 70 - v*dch hss been pub6stred,or a sunwrrary#*r W in news to law 69 of Cavarnia DJMIOrd12704 6 6119108 3 28 p in