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ORDINANCE NO. 2165
AN ORDINANCE OF THE CITY OF REDLANDS ADDING
CHAPTER 3 . 70 TO THE REDLANDS MUNICIPAL CODE
RELATING TO SOLID WASTE CAPITAL IMPROVEMENT
CHARGES & ESTABLISHMENT OF THE SOLID WASTE
CAPITAL IMPROVEMENT FUND
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, the City Council of the City of Redlands ("this
City Council") has found and determined that despite previous
Council actions, the demand placed upon the City's solid waste
facilities will outpace the City's ability to adequately serve new
development which will be required to obtain solid waste service
from the City; and
WHEREAS, the City's Public Works Department staff has
prepared comprehensive solid waste facilities master plans which
identify the facilities and improvements required to serve future
projected new development within the City of Redlands; and
WHEREAS, the Solid Waste Capital Improvement Program, the
Solid Waste Rate Study - 1991, and a budget for the financing of
such solid waste facilities and improvements have been prepared by
the City which take into account the anticipated need for such
facilities and improvements based upon regulatory requirements, and
the anticipated pace of new development; and
WHEREAS, because new development impacts the City's solid
waste system by requiring facilities to provide increased capacity
to adequately serve new development within the City and County,
this City Council further finds and determines that unless fees are
imposed on new development to finance needed solid waste facilities
and improvements, such new development will adversely affect the
public health, safety and welfare of the citizens of Redlands; and
WHEREAS, the fees collected pursuant to this ordinance
shall be used to finance only those public facilities described or
identified or referred to in the City's Solid Waste Rate Study -
1991; and
WHEREAS, the cost estimates set forth in the Solid Waste
Rate Study - 1991 are reasonable costs estimated for constructing
those public facilities, and the fees expected to be generated by
new development will not exceed the total of these costs; and
WHEREAS, the facts and evidence presented to this Council
establish that there is a reasonable relationship between the need
for the solid waste facilities described and referred to in the
Solid Waste Rate Study - 1991 and the impacts from the types of
ORDINANCE NO. 2165
Page 1
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development for which the corresponding fee is charged, and, also
between the fee's use and the type of development for which the fee
is charged, as these reasonable relationships are in more detail
described in the Solid Waste Rate Study - 1991, and
WHEREAS, The California Health and Safety Code Section
5471 requires that any increase in solid waste rates be made by
ordinance adopted by a two-thirds vote of the City Council;
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS:
SECTION ONE:
Chapter 3 . 70 is hereby added to the Redlands Municipal Code as
follows:
"Chapter 3 . 70
SOLID WASTE CAPITAL IMPROVEMENT FUND
Sections:
3 . 70. 010 Establishment.
3 .70. 020 Definitions.
3 . 70. 030 Charges.
3 .70. 032 Amounts 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 new
capacity required to serve development requiring sold 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 (Zoning) of this Code. All
interest on the cash balance of the fund shall accrue to the solid
waste capital improvement fund. 1
3 .70. 020 Definitions.
For the purpose of carrying out the intent of this chapter,
the following definitions shall apply:
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A. "Administrative Authority" means the Director of Public
Works of the City.
B. "Development" means any use to which land is put,
building or other alteration of land and construction incidental
thereto.
C. "Mobile home" means 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.
D. "Mobile home park" means any area or tract of land where
one or more mobile home lots are rented or leased or held out for
rent or lease to accommodate mobile homes used for human habita-
tion.
E. "Multiple-family dwelling unit" means a structure
designed and used for the occupancy of two or more families .
F. "Person" means 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.
G. "Single-family dwelling unit" means a structure or
portion thereof designed exclusively for the occupancy of one
family.
H. "Structure" means any building or improvement artificial-
ly 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.
I. "Solid Waste Capital Facilities" means 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
the City, which identifies facilities and improvements required to
serve new development that will be required to obtain City solid
waste service.
3 . 70. 030 Charges.
A. The solid waste capital improvement charge for the
following categories 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. Amounts of charges shall be provided for in Section
3 . 70. 032 .
1. Single-family Dwelling Units. The charge for this
category shall be per dwelling or unit.
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2 . Multiple-family Dwelling Units, Apartments, and Mobile
Home Park Lots or Space. The charge for this category shall be per
dwelling or unit or mobile home space.
3 . 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.
4 . 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 calculat-
ed 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 same manner as the
billing for solid waste service.
2 . If a building or the use of a building on a parcel
of property is change 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. 032 Amounts of Charges.
Amounts of charges are as follows:
THROUGH BEGINNING
JUNE 30, 1992 JULY 1 , 1992
SOLID WASTE CAPITAL IMPROVEMENT CHARGE
Residential:
Single Family $600/Dwelling Unit. $650/Dwelling Unit.
Multiple Family $300/Dwelling Unit. $325/Dwelling Unit.
Non-Residential: $48/ppd estimated $52/ppd estimated
waste stream. waste stream.
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SECTION TWO•
This Ordinance shall be in force and take effect as provided by law.
SECTION THREE:
The City Clerk shall certify to the adoption of this Ordinance and
cause it, or a summary of it, to be published once in the Redlands Daily
Facts, a newspaper of general circulation printed and published in this
City.
r
Mayor ofe 'ty pf 'd
ATTEST:
A
City Clerk
I , Lorrie Poyzer, 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 the 3rd day of September 1991 , by the
following vote:
AYES: Councilmembers Beswick, Cunningham, Larson, Milson;
Mayor DeMirjyn
NOES: None
ABSENT: None
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C1 t y CTe k
ORDINANCE 2165
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