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HomeMy WebLinkAboutOrdinances_2037_CCv0001.pdf Residential Development Fees Effective Sept. 3 , 1988 ORDINANCE NO. 2037 AN ORDINANCE OF THE CITY OF REDLANDS ADDING CHAPTER 3. 56 TO THE REDLANDS MUNICIPAL CODE RELATING TO THE ESTABLISH- MENT OF LOCAL STORM DRAIN FACILITIES FEES WHEREAS, the General Pian 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 local storm drain facilities has outpaced the City' s ability to adequately serve new development within the City; and WHEREAS, the City ' s Engineering staff has prepared a comprehensive City-wide local storm drain facilities plan which identifies the facilities and improvements required to be constructed to serve the future projected population of the City as established by the Redlands General Plan; and WHEREAS, a budget for the financing of such storm drain facilities and improvements has been prepared by the City which takes into account the anticipated need for such facilities and improvements based upon the projected popula- tion of the City and the anticipated pace of development within the City; and WHEREAS, because new development adversely impacts upon the capacity of the City' s storm drain system and the system' s ability to adequately serve the City, this City Council further finds and determines that unless fees are imposed on new development within the City to finance needed storm drain facilities and improvements, such new develop- ment will adversely affect the public health, safety and welfare of the citizens of Redlands; and WHEREAS, the storm drain facilities fees collected pursuant to this ordinance shall be used to finance only those public facilities described or identified in the City' s Local Master Drainage Plan; and WHEREAS, the cost estimates set forth in the City Engineer ' s storm drain facilities plan are reasonable cost estimates for constructing those public facilities, and the fees expected to be generated by new development within the City 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 storm drain facilities described in the City Engineer ' s study and the impacts of the types of development for which the corresponding fee is charged, and, also there is a reasonable relationship 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 local storm drain facilities plan referred to above; -2- BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS: Section 1: Chapter 3 . 56 is hereby added to the Redlands Municipal Code to read as follows : "Chapter 3 . 56 STORM DRAIN FACILITIES FEES 3 . 56 .010 Purpose and Intent. It is the purpose and intent of this Chapter to implement of the Redlands General Plan to ensure that storm drain facilities and improvements which satisfy City standards are available concurrent with the need caused by new development with the City. The City Council further finds that the completion of a local City-wide storm drain system is of benefit to all new development within the City. This Chapter shall establish the methods of financing the construction of the required storm drain facilities other than those facilities which are provided through the approval of subdivision or parcel maps. 3 . 56 . 020 Definitions. Whenever the following terms are used in this Chapter , they shall have the meanings established by this section: -3- a. "Local Master Drainage Plan" means the storm drain plans identi- fied in the Zone 3 , Comprehensive Storm Drain Plan No. 4 as prepared by the City Engineer and approved by the City and which identifies facilities and improve- ments required on a City-wide basis to serve the projected population of the City as established by the General Plan. b. "Development Permit" means any discretionary permit , entitlement or approval by the City. C. "Development" means any use to which land is put, building or other alteration of land and construction inci- dent thereto. 3 . 56. 030 Compliance With Chapter . No development permit shall be approved for new development unless the City finds that the storm drain facilities proposed within the development satisfy the requirements of the City ' s Local Master Drainage Plan. To ensure consistency with the Plan, the City may impose any condi- tions to approval of the development which are necessary to implement the Plan. The -4- requirements of this Chapter are imposed as a condition of development to ensure implementation of and consistency with the City' s General Plan and to protect the public health, safety and welfare by insuring that adequate public facilities and improvements will be installed and available to serve new development prior to or concurrently with the need. 3. 56.040 Storm Drain Fees. Storm drain fees shall be collected from appli- cants for development permits in accor- dance with the schedule of fees as estab- lished from time to time by resolution of the City Council. No building permit shall be issued unless the fees required by this Chapter are first paid and the permit is consistent with the City' s Local Master Drainage Plan. Fees collected as required by this Chapter shall be depos- ited in a special fund established for the purpose of constructing the storm facili- ties provided in the City' s Local Master Drainage Plan. The fees required by this Chapter are in addition to any other means of financing facilities or improvements -5- identified in the City' s Local Master Drainage Plan which may be imposed on the development of property under the provi- sions of state law, this Code or City policy. 3 . 56 . 050 Required Construction. Each developer shall construct such storm drain facilities and improvements within its development as may be required by the City' s Engineer to provide a complete and workable storm drain system in accordance with the City' s Local Master Drainage Plan. The City Engineer shall determine what storm drain facilities are required to be constructed for each new development within the City. Such determination may be based upon a hydrology report furnished by the developer , the City' s Local Master Drainage Plans, and such other methods as determined by the City Engineer . 3 . 56 . 060 Payment . As a condition of issuance of any building or development permit application for new development submitted after the effective date of this Chapter, the applicant shall pay the fees established by this Chapter at the time the building permit is issued. " -6- Section 2: The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and it, or a summary of it, shall be published once in the Redlands Daily Facts, newspaper of general circulation with the City and there- after this Ordinance shall take effect according to law. Adopted this 5th day of July 1988 . Mayor, City of Redlands ATTEST: 4;2� City Qlerk I, Lorrie Poyzer, 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 5th day of July, 1988, by the following vote: AYES: Councilmembers Wormser, Cunningham; Mayor Beswick NOES: Councilmember Johnson ABSENT: Councilmember DeMirjyn ABSTAIN: None City C rk , Ci f Redlands -7- DJM0198