HomeMy WebLinkAboutOrdinances_2880 ORDINANCE NO. 2880
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTERS
3.44, 3.48, 3.70 AND 13.40 OF THE REDLANDS MUNICIPAL CODE
RELATING TO SEWER CAPITAL IMPROVEMENT FUND, WATER CAPITAL
IMPROVEMENT FUND, SOLID WASTE CAPITAL IMPROVEMENT FUND,
AND THE ACQUISITION OF WATER STOCK AND WATER RIGHTS
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS
FOLLOWS:
Section 1. Section 3.44 of the Redlands Municipal Code, entitled "Sewer Capital
Improvement Fund," is hereby amended to read as follows:
"Chapter 3.44
SEWER CAPITAL IMPROVEMENT FUND
3.44.010: ESTABLISHMENT:
3.44.020: DEFINITIONS:
3.44.030: CHARGES:
3.44.040: ADJUSTMENT OF CHARGES:
3.44.010: ESTABLISHMENT:
A. The sewer capital improvement fund is established to implement the Redlands general plan
and to finance the construction of wastewater capital facilities to provide new capacity
required to serve development requiring sewer service from the city. Included are wastewater
treatment plant facilities, sewer trunk lines, sewage disposal facilities, outfall sewers,
interceptor sewers, and other capital facilities and appurtenances over and above the eight
inch (8") collection mains and appurtenances used to serve property frontage, except as
otherwise provided in chapter 13.44 of this code.
B. The city council finds that the construction of wastewater capital facilities benefits all
development which is required to obtain sewer service from the city. This chapter shall
establish the method of collecting fees for financing the construction of the wastewater
capital facilities other than those facilities which are provided through the approval of
subdivision or parcel maps, or other developments conditioned under title 18, "Zoning", of
this code. All interest on the cash balance of the fund shall accrue to the sewer capital
improvement fund.
3.44.020: DEFINITIONS:
For the purpose of carrying out the intent of this chapter, the following definitions shall apply:
ACCESSORY DWELLING UNIT: An attached or a detached residential dwelling unit which
provides complete independent living facilities for one or more persons. It shall include
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permanent provisions for living, sleeping, eating, cooling, and sanitation on the same parcel as
the single-family dwelling is situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
ACCESSORY STRUCTURE: A detached subordinate structure located on the same parcel of
ground with a main structure, the use of which is customarily incidental to that permitted in the
main structure or to the land upon which the main structure is located including, but not limited
to, laundry rooms, garages, hobby shops, guesthouses, or swimming pools connected to the
building sewer.
ADMINISTRATIVE AUTHORITY: The director of municipal utilities and engineering of the
city.
BUILDING SEWER: That part of the horizontal piping of a drainage system which extends from
the end of the building sewer drain and which receives the discharge of the building sewer drain
and conveys it to a public sewer, private sewer, individual sewage disposal system or other point
of disposal.
DEVELOPMENT: Any use to which land is put, building or other alteration of land and
construction incidental thereto.
DWELLING: A structure designed and used exclusively for residential occupancy.
MOBILEHOME: A vehicle, other than a motor vehicle, designed or used for human habitation,
for carrying persons and property on its own structure, and for being drawn by a motor vehicle.
MOBILEHOME PARK: Any area or tract of land where one or more mobilehome lots are rented
or leased or held out for rent or lease to acconnnodate mobilehomes used for human habitation.
MULTIPLE-FAMILY DWELLING UNIT: A structure designed and used for the occupancy of
two (2) or more families.
PERSON:A natural person, his heirs, executors, administrators, or assigns and also includes a
firm, partnership, or corporation, and its or their successors or assigns, or the agent of any of the
aforesaid.
SENIOR RESTRICTED DWELLING UNIT: For purposes of this chapter, is defined as:
(A) A unit restricted by a covenant that runs with the land addressing the required age
restriction to the satisfaction of the city.
(B) The unit's water meter serves only internal water use. Landscape irrigation shall be
provided through a separate water meter service.
(C) The dwelling unit shall be less than 1,500 square feet of livable area.
(D) Removal of the age restriction or an increase in the size of the unit will result in a
reassessment of the charges.
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SINGLE-FAMILY DWELLING UNIT: A structure or portion thereof designed exclusively for
the occupancy of one family.
STRUCTURE: Any building or improvement artificially built up or composed of parts joined
together in some definite manner, including, but not limited to, dwellings, commercial structures,
industrial structures, schools, churches, or hotels.
WASTEWATER CAPITAL FACILITIES: The wastewater facilities identified or referred to in
the "Water And Wastewater Rate Study Update - 1991" as prepared by the public works
department and approved by the city, which identifies facilities and improvements required to
serve new development that will be required to obtain city sewer service.
3.44.030: CHARGES:
The specific amounts of the sewer capital improvement charges shall be adopted by resolution
of the City Council and shall be paid as a condition of issuing building permits, or other city
approved entitlement, as determined within the sole discretion of the city, for buildings
containing plumbing fixtures and required to have new sewer services tapping into the city's
sewage system or increasing flow into the city's sewer system as estimated by the city. The
charges shall be those in effect on the date the permit is issued or as such other entitlement issued
by the city.
3.44.040 ADJUSTMENT OF CHARGES:
On July 1 of each fiscal year, the city's finance director, in coordination with the city's municipal
utilities and engineering director, shall make annual adjustments to the specific amounts of the .
sewer capital improvement charges adopted by resolution of the city council by a percentage
equal to the percentage change in the construction cost index of the Engineering News-Record's
"Construction Cost Index" - twenty (20) cities annual average for the preceding twelve (12)
month period. The purpose of this 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 2. Section 3.48 of the Redlands Municipal Code, entitled "Water Capital
Improvement Fund," is hereby amended to read as follows:
"Chapter 3.48
WATER CAPITAL IMPROVEMENT FUND
3.48.010: ESTABLISHMENT:
3.48.020: DEFINITIONS:
3.48.030: CHARGES:
3.48.040: ADJUSTMENT OF CHARGES:
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3.48.010: ESTABLISHMENT:
The water capital improvement fund is established to implement the Redlands general plan and
finance the construction of water capital facilities and improvements to provide new capacity
required to serve new development requiring water service from the city. Included are
development of water resources, water production, transmission, storage, and other capital
facilities and appurtenances over and above the eight inch (8") distribution mains and
appurtenances used to serve property frontage. The city council finds that the completion of
water capital facilities benefits all development which is required to obtain water service from
the city. This chapter shall establish the method of collecting fees for financing construction of
the water capital facilities other than those facilities which are provided through the approval of
subdivisions, parcel snaps, or other developments conditioned under title 18, "Zoning
Regulations", of this code. All interest on the cash balance of the fund shall accrue to the water
capital improvement fund.
3.48.020: DEFINITIONS:
ACCESSORY DWELLING UNIT: An attached or a detached residential dwelling unit
which provides complete independent living facilities for one or more persons. It shall include
permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel
as the single-family dwelling is situated. An accessory dwelling unit also includes the
following:
(A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
(B) A manufactured home, as defined hi Section 18007 of the Health and Safety Code.
ADMINISTRATIVE AUTHORITY: The director of municipal utilities and engineering of
the city.
DEVELOPMENT: Any use to which land is put, building or other alteration of land and
construction incidental thereto.
SENIOR RESTRICTED DWELLING UNIT: For purposes of this chapter, is defined as:
(A) A unit restricted by a covenant that runs with the land addressing the required age
restriction to the satisfaction of the city.
(B) The unit's water meter serves only internal water use. Landscape irrigation shall be
provided through a separate water meter service.
(C) The dwelling unit shall be less than 1,500 square feet of livable area.
Removal of the age restriction or an increase in the size of the unit will result in a
reassessment of the charges.
WATER CAPITAL FACILITIES: The water capital facilities identified or referred to in the
"Water And Wastewater Rate Study Update - 1991" as prepared by the public works
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department and approved by the city which identifies facilities and improvements required to
serve new development that will be required to obtain city water service.
3.48.030: CHARGES:
A. Except as otherwise provided for in this section, the water capital improvement charge shall
be established by resolution of the City Council and shall be paid as a condition of approval
of an application for a new water connection or, for any property or use having an existing
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 charge 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 water
capital improvement charges shall be deposited into the city's water capital improvement
fund.
3.48.040: ADJUSTMENT OF CHARGES:
On-July 1 of each fiscal year, the city's finance director, h-1 coordination with the city's municipal
utilities and engineering director, shall make annual adjustments to the specific amounts of the
water capital improvement charges adopted by resolution of the city council by a percentage
equal to the percentage change in the construction cost index of the Engineering News-Record's
"Construction Cost Index" - twenty (20) cities annual average for the preceding twelve (12)
month period. The purpose of this 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. Section 3.70 of the Redlands Municipal Code, entitled "Solid Waste Capital
Improvement Fund," is hereby amended to read as follows:
"Chapter 3.70
SOLID WASTE CAPITAL IMPROVEMENT FUND
3.70.010: ESTABLISHMENT:
3.70.020: DEFINITIONS:
3.70.030: CHARGES:
3.70.040: ADJUSTMENT OF CHARGES:
3.70.010: ESTABLISHMENT:
A. The solid waste capital improvement fund is established to implement the Redlands general
plan and to finance the capital cost of solid waste capital facilities and equipment to provide
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new capacity required to serve development requiring solid waste service from the city.
Included are landfill, materials recovery and transfer station facilities, solid waste collection
equipment, transfer equipment and other capital facilities equipment.
B. The city council finds that the capital cost of solid waste capital facilities and equipment
benefits all development which is required to obtain solid waste service from the city. This
chapter shall establish the method of collecting fees for financing the capital costs of the
solid waste capital facilities and equipment other than those facilities which are provided
through the approval of subdivision or parcel maps, or other developments conditioned
under title 18 of this code. All interest on the cash balance of the fund shall accrue to the
solid waste capital improvement fund.
3.70.020: DEFINITIONS:
For the purpose of carrying out the intent of this chapter, the following definitions shall apply:
ACCESORY DWELLING UNIT: An attached or a detached.residential dwelling unit which
provides complete independent living facilities for one or inore persons. It shall include
permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as
the single-family dwelling is situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
(B) A.manufactured home, as defined in Section 18007 of the Health and Safety Code.
ADMINISTRATIVE AUTHORITY: The director of municipal utilities and engineering of the
city.
DEVELOPMENT: Any use to which land is put,building or other alteration of land and
construction incidental thereto.
MOBILEHOME: A vehicle, other than a motor vehicle, designed or used for human habitation,
for carrying persons and property on its own structure, and for being drawn by a motor vehicle.
MOBILEHOME PARK: Any area or tract of land where one or more mobilehome lots are rented
or leased or held out for rent or lease to acconunodate mobilehomes used for human habitation.
MULTIPLE-FAMILY DWELLING UNIT: A structure designed and used for the occupancy of
two (2) or more families.
PERSON: A natural person, his heirs, executors, administrators or assigns and also includes a
firm,partnership or corporation, and its or their successors or assigns, or the agent of any of the
aforesaid.
SINGLE-FAMILY DWELLING UNIT: A structure or portion thereof designed exclusively for
the occupancy of one family.
SOLID WASTE CAPITAL FACILITIES: The solid waste facilities identified or referred to in
the "solid waste rate study- 1991" as prepared by the public works department and approved by
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the city, which identifies facilities and improvements required to serve new development that
will be required to obtain city solid waste service.
STRUCTURE: Any building or improvement artificially built up or composed of parts joined
together in some definite mariner, including, but not limited to, dwellings, commercial structures,
industrial structures, schools, churches or hotels.
3.70.030: CHARGES:
A. The solid waste capital improvement charge for the following categories shall be
established by resolution of the City Council and shall be paid as a condition of issuance
of building permits for buildings required to have new solid waste services from the city's
solid waste system or increasing the solid waste stream into the city's solid waste system
as estimated by the city. The charges shall be those in effect on the date the permit is
issued.
1. Accessory dwelling units: The charge for this category shall be per accessory
dwelling unit.
2. Single-family dwelling units: The charge for this category shall be per dwelling or
unit.
3. Multiple-family dwelling units, apartments, and mobilehome park lots or space: The
charge for this category shall be per dwelling or unit or rnobilehorne space.
4. Nonresidential development: The charge for this category shall be a charge per pound
per day estimated solid waste as estimated by the public works department.
5. All solid waste capital improvement charges shall be credited to the solid waste
capital improvement fund.
B. 1. The owner of the property shall pay to the city the difference in the solid waste capital
improvement charges calculated on the basis of currently established charges.
a. If a building or the use of a building on a parcel of property which building had
been served by the solid waste system is charged in a way that would make the
solid waste capital improvement charge greater; or
b. If a building is replaced on a parcel of property, which building had been served by
the solid waste system, and the replacement building would have a greater solid
waste capital improvement charge than the building replaced,
The difference in charges shall be due prior to final approval of a conditional use permit, if
applicable, or, if not, prior to building permit issuance. If not collectible in this manner, such
difference shall be invoiced with the next billing for solid waste service and collectible in the 4
same manner as the billing for solid waste service.
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2. If a building or the use of a building on a parcel of property is changed in any way that
would make the solid waste capital improvement charge less, no refund shall be made,
but the property shall retain the amount of credit established for its previous use.
3.70.040: ADJUSTMENT OF CHARGES:
On July 1 of each fiscal year, the city's finance director, in coordination with the city's municipal
utilities and engineering director, shall make aluival adjustments to the specific amounts of the
solid waste capital improvement charges adopted by resolution of the city council by a
percentage equal to the percentage change in the construction cost index of the Engineering
News-Record's "Construction Cost Index" - twenty (20) cities amival average for the preceding
twelve (12) month period. The purpose of this 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 4. Section 13.40 of the Redlands Municipal Code, entitled "Acquisition of
Water Stocks and Water Rights" is hereby amended to read as follows:
"Chapter 13.40
ACQUISITION OF WATER STOCKS AND WATER RIGHTS
13.40.010: PURPOSE:
13.40.020: WATER SOURCE ACQUISITION FUND:
13.40.022: DEFINITIONS:
13.40.030: DEVELOPER REQUIREMENTS:
13.40.040: ADJUSTMENT OF CHARGES
13.40.010: PURPOSE:
In order to provide an adequate water supply for new dwellings, subdivisions, other land
developments within the city, approved developments outside the city, and to conserve the water
supply, landowners, subdividers, and developers, before receiving final approval or securing
water service, shall first pay to the city certain fees. The fees received by the city are to be
utilized for the purpose of obtaining approved water stock and water rights.
13.40.020: WATER SOURCE ACQUISITION FUND:
The "water source acquisition fund" shall be established to fipplement the Redlands general plan
and finance acquisition of approved water stock and water rights to assist the city in maintaining
an adequate supply of water to meet the needs of development requiring water service from the
city. All revenue collected in accordance with this chapter shall be deposited into the water
source acquisition fund. All interest on the cash balance of the fund shall accrue to the water
source acquisition fund.
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13.40.022: DEFINITIONS:
For the purpose of carrying out the intent of this chapter, the following definitions shall apply:
ACCESSORY DWELLING UNIT: An attached or a detached residential dwelling unit which
provides complete independent living facilities for one or more persons. It shall include
permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as
the single-family dwelling is situated. An accessory dwelling unit also includes the following.
(A) Ali efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code,
ADMINISTRATIVE AUTHORITY: The director of municipal utilities and engineering of the
city.
DEVELOPMENT: Any use to which land is put, building or other alteration of land and .
construction incidental thereto.
SENIOR RESTRICTED DWELLING UNIT: For purposes of this chapter, is defined as:
(A) A unit restricted by a covenant that runs with the land addressing the required age
restriction to the satisfaction of the city.
(B) The unit's water meter serves only internal water use. Landscape irrigation shall be
provided through a separate water meter service.
(C) The dwellu1g unit shall be less than 1,500 square feet of livable area.
(D) Removal of the age restriction or an increase in the size of the unit will result in a
reassessment of the charges.
WATER STOCK AND WATER RIGHTS: The water stock and water rights identified and
referred to in the "Water And Wastewater Rate Study Update - 1991" as prepared by the public
works department and approved by the city which identifies water stock and water rights needed
to serve new development that will be required to obtain city water service.
13.40.030: DEVELOPER REQUIREMENTS:
For any development project that will require water service or incremental water demand from
the city, a water source acquisition charge shall be established by resolution of the City Council
and shall be paid as a condition of final approval of that development. The charge due shall be
that amount in effect on the date approval of the development is given by the city.
13.40.040: ADJUSTMENT OF CHARGES:
On July 1 of each fiscal year, the city's finance director, in coordination with the city's municipal
utilities and engineering director, shall make annual adjustments to the specific amounts of the
water source acquisition charges adopted by resolution of the city council by a percentage equal
to the percentage change in the construction cost index of the Engineering News-Record's
"Construction Cost Index" - twenty (20) cities annual average for the preceding twelve (12)
month period. The purpose of this adjustment is to offset the effects of inflation related
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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 thea be most nearly equivalent
thereto."
Section 5. The City Council hereby determines that the adoption of this ordinance is
exempt from review under the California Envirorunental. Quality Act ("CEQA") pursuant to
State CEQA Guidelines section 15061(b)(3) because this City Council determines that it can be
seen with certainty that approval of this ordinance will have no direct or indirect impact on the
physical environment, and that approval of this ordinance is not a "project" under CEQA as that
terra is defined it Public Resources Code section 21065,
Section 6. The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of this ordinance and shall cause it, or a summary of it, to be published once in the
Redlands wily Facts, a newspaper of general circulation within the City, and thereafter, this
ordinance shall take effect as provided by ➢aw.
Paan W. Foster Mayor
ATTEST:
T e Donaldson, City Clerk
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I, Jeamie Donaldson, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance
was duly adopted by the City Council at the regular meeting thereof, held on the2" day of
/1A)P
/kffij L 2019, by the following vote:
AYES: Council members Barich, Tc�jeda, Monaber1ger, Davis; Mayor Foster
NOES: None
ABSENT: None
ABSTAIN: None
Jea Donaldson, City Clerk
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