HomeMy WebLinkAboutOrdinances_2774_CCv0001.pdf ORDINANCE NO. 2774
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING
CHAPTERS 3.44, 3.48 AND 13.40 OF THE REDLANDS MUNICIPAL
CODE TO ESTABLISH REVISED AMOUNTS FOR
WATER AND WASTEWATER DEVELOPMENT IMPACT FEES
WHEREAS, pursuant to the State's Mitigation Fee Act contained in Government
Code sections 66000 through 66025, 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 new growth; and
WHEREAS, this City Council has commissioned a study by Raftelis Financial
Consultants, Inc. (the "Fee Study") to determine the maximum justified water and
wastewater fee levels to impose on new development to maintain the City's water and
wastewater facilities' standards; and
WHERAS, this City Council has since been presented with the Fee Study, entitled
"Utility Development Impact Fee Report January 2012," which contains an analysis of
the City's water and wastewater facilities fee program for new development; 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 by City staff relating to the proposed establishment of
development impact fees for water and wastewater facilities associated with new
development; and
WHEREAS, based upon such testimony, this City Council has determined that
revisions to the City's water and wastewater capital improvement fees are necessary to
recover the reasonable costs the City incurs by providing water and wastewater service to
new development; and
WHEREAS, in accordance with Government Code sections 66013, 66017 and
66018,prior to levying the fees described in this Ordinance,the City has held at least one
noticed, open and public, regularly scheduled meeting at which a public hearing was held
and the fees were 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
fees will be levied, and the anticipated revenue to provide such services; and
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WHEREAS, after a careful review of the Fee Study, this City Council specifically
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 specifically:
1. Identifies the purpose of the fees, which is to maintain existing facility
standards as the City's population grows into the future;
2. Identifies the uses to which the fees will be put by identifying needed
facilities contained in the City's master plans;
3. Shows a reasonable relationship between the fees' use and the type of
development project on which the fees are imposed, by assessing the
extent to which current assets are serving the current service
population and calculating fees accordingly;
4. Shows a reasonable relationship between the need for the public
facilities to be financed by the fees and the type of development
projects on which the fees are imposed by showing how existing
facilities are serving existing services populations; and
5. Shows a reasonable relationship between the amount of the fees and
the cost of the public facilities, or portion of the public facilities,
attributable to the new development projects on which the fees are
imposed.
B. The fees collected pursuant to this Ordinance shall be used to finance the
water and wastewater facilities described or identified in the Fee Study and water and
wastewater master plans 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 water and wastewater fees.
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 investments, and shall expend the funds
collected pursuant to this Ordinance solely for the purposes they were collected;
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WHEREAS, approval of the Fee Study and the adoption of this Ordinance 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 Fee Study prepared by Raftelis Financial Consultants, Inc. is
hereby approved and adopted.
Section 2. Section 3.44.040 of the Redlands Municipal Code relating to the City's
sewer capital improvement change is hereby amended to read as follows:
"3.44.040 Amounts of Charges.
A. The sewer capital improvement charges shall be as follows:
Residential Development:
Single-family Residential $3,000/dwelling unit
Multiple-family&Mobile Home $2,200/dwelling unit
Residential Dwelling Unit if Building Pen-nit
Issued prior to November 1, 1961 $ 3 50/dwelling unit
Senior-restricted dwelling units $1,700/dwelling unit
Nonresidential Development: 51,420/100 gallons per day
estimated flow
1 A Senior-restricted dwelling unit,for purposes of this Chapter,is defined as:
I) A unit restricted by a covenant that runs with the land addressing the required age restriction to the satisfaction of
the City.
2) The unit's water meter serves only internal water use. Landscape irrigation shall be provided through a separate
water meter sm ice.
3) The dwelling unit shall be less than 1,500 square feet of livable area.
4) 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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B. Adjustment of charges. Within thirty (30) days of the effective date of
City of Redlands Ordinance No. 2682 and subsequently 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
specific amounts of the sewer capital improvement charges established by this section 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 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 3.48.040 of the Redlands Municipal Code relating to the City's
water capital improvement charge is hereby amended to read as follows:
"3.48.040 Amounts of charges.
A. The water capital improvement charges shall be as follows:
Residential Development:
Single-family dwelling unit:
X11,000 sq. ft. $4,170/dwelling unit
11,000—21,000 sq. ft. $5,390/dwelling unit
>21,000 sq. ft. $6,61 0/dwelling unit
>1 acre $9,040/dwelling unit
Multiple-family dwelling unit $2,090/dwelling unit
Senior-restricted dwelling unite $1,050/dwelling unit
Nonresidential Development: $180.00/100 cubic feet per
month estimated demand
B. Adjustment of charges. Within thirty (30) days of the effective date of
City of Redlands Ordinance No. 2682, and subsequently 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
specific amounts of the water capital improvement charges established by this section by
a percentage equal to the percentage change in the Engineering News Record's
2 A Senior-restricted dwelling unit,for purposes of this Chapter,is defined as:
l) A unit restricted by a covenant that runs with the land addressing the required age restriction to the satisfaction of
the City.
2) The unit's water meter serves only internal water use. Landscape irrigation shall be provided through a separate
water meter service.
3) The dwelling unit shall be less than 1,500 square feet of livable area.
4) 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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Construction Cost Index — twenty 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 4. Section 13.40.040 of the Redlands Municipal Code relating to the City's
water source acquisition charge is hereby amended to read as follows:
13.40.040 Amounts of Cash Requirements.
A.
B. Water Source Acquisition Charge Amounts:
Residential Development:
Single-family dwelling unit:
<11,000 square feet $750.00/dwelling unit
11,000-21,000 square feet $980.00/dwelling unit
>21,000 square feet $1,190.00/dwelling unit
>I acre $1,630.00/dwelling unit
Multiple-family dwelling unit $380.00/dwelling unit
Senior-restricted dwelling unit3 $160.00/dwelling unit
Nonresidential development $31.10/100 cubic feet per estimated
monthly demand"
Section 5. If any portion of this Ordinance is found to be unconstitutional or
invalid,the City Council hereby declares that it would have enacted the remainder of this
Ordinance regardless of the absence of any such invalid part
Section 6. This Ordinance shall be in force and take effect as provided by law, and
the fees established by this Ordinance shall take effect sixty (60) days after the adoption
of this Ordinance.
3 A Senior-restricted dwelling unit,for purposes of this Chapter,is defined as:
I) A unit restricted by a covenant that runs with the land addressing the required age restriction to the satisfaction of
the City.
2) The unit's water meter serves only internal water use, Landscape irrigation shall be provided through a separate
water meter service.
3) The dwelling unit shall be less than 1,500 square feet of livable area.
4) 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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Section 7. The 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 8. 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.
A
H
Pete Aguilar, Mayor
ATTEST:
San� rNin,N. y Jerk
1, Sam Irwin, City Clerk of the City of Redlands, hereby certify that the foregoing
ordinance was duly adopted by the City Council at a regular meeting thereof held on
the 6th day of March, 2012, by the following vote:
AYES: Councilmembers Harrison, Bean, Foster, Gardner; Mayor Aguilar
NOES: None
ABSENT: None
ABSTAIN: None
Sam lrwiO--i-ty CleW
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