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HomeMy WebLinkAboutOrdinances_2038_CCv0001.pdf Residential Development Fees Effective Sept. 3 , 1988 ORDINANCE NO. 2038 AN ORDINANCE OF THE CITY OF REDLANDS ADDING CHAPTER 3 . 54 TO THE REDLANDS MUNICIPAL CODE RELATING TO THE ESTAB- LISHMENT OF STREET IMPROVEMENT FEES 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 demands placed upon the City ' s street system by new development have outpaced the City' s ability to adequately serve the residents of such development; and WHEREAS, the City ' s Engineering staff has prepared a comprehensive City-wide street improvement plan which identifies new streets required to be constructed, recon- struction and widening of existing streets and the identifi- cation of needed right-of-way for street purposes to serve the future projected population of the City as established by the Redlands General Plan; and WHEREAS, a budget for the financing of these street improvements has been prepared by the City which takes into account the anticipated need for the street improvements based upon the projected population of the City and the anticipated pace of new development within the City; and WHEREAS, because traffic resulting from new devel- opment does and will continue to adversely impact the City ' s street system, this City Council further finds and deter- mines that unless fees are imposed on new development within the City to finance the needed street improvements identi- fied by the City, such new development will adversely affect the public health, safety and welfare of the citizens of Redlands; and WHEREAS, the street improvement fees collected pursuant to this ordinance shall be used to finance. only those streets and street improvements described or identi- fied in the City ' s Street Improvement Program; and WHEREAS, the cost estimates set forth in the City Engineer ' s street improvement plan are reasonable cost estimates for constructing those street improvements, 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 new streets and street improvements 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 street improvement plan referred to above; -2- BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS: Section 1 : Chapter 3. 54 is hereby added to the Redlands Municipal Code to read as follows: "Chapter 13 . 54 STREET IMPROVEMENT FEES 3 . 54 . 010 Purpose and Intent. It is the purpose and intent of this Chapter to implement the Redlands General Plan to ensure that streets and street improve- ments which meet City standards are avail- able concurrent with the need caused by new development with the City. The City Council further finds that the implementa- tion of the City ' s Street Improvement Program is of benefit to all new develop- ment within the City. This Chapter shall establish the methods of financing the construction of the required street improvements other than those street improvements which are provided through the approval of subdivision or parcel maps . 3 . 54 . 020 Definitions . Whenever the following terms are used in this Chapter, they shall have the meanings established by this section: -3- a. "Street Improvement Program" means the street improvement plans as prepared by the City Engineer , and approved by the City, which identify collector streets and larger streets as shown in the City' s General Plan and which are targeted for construction, reconstruction or widening, along with the estimated right--of-way needed for such streets, which are 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 . 54.030 Compliance With Chapter . No development permit shall be approved for new development unless the City finds that the street improvements proposed for the development satisfy the requirements of the City ' s Street Improvement Pro- -4- gram. To ensure consistency with the Program, the City may impose any condi- tions to approval of the development which are necessary to implement the Program. The requirements of this Chapter are imposed as a condition of development to ensure implementation of and consistency with the City' s General Flan and to protect the public health, safety and welfare by insuring that adequate public facilities and improvements will be constructed and available to serve new development prior to or concurrently with the need. 3 . 54 . 040 Street Improvement Fees . Street improvement fees shall be collected from applicants for development permit.s in. accordance with the schedule of fees as established from time to time by resolu- tion 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 Street Improvement Program. Fees collected as required by this Chapter shall be deposited in a special fund -5- established for the purpose of construct- ing the street improvements identified in the City' s Street Improvement Program. The fees required by this Chapter are in addition to any other means of financing facilities or improvements identified in the City' s Street Improvement Program which may be imposed on the development of property under the provisions of state law, this Code or City policy. 3. 54 .050 Required Construction. Each developer shall construct such street improvements for its development as may be required by the City' s Engineer to satisfy the City' s Street Improvement Program. The City Engineer shall determine what street improvements are required to be constructed for each new development within the City. Such determination may be based upon traffic reports furnished by the developer , the City' s Street Improve- ment Program and plans, and such other methods as determined by the City Engineer . 3. 54.060 Payment . As a condition of issuance of any building or development -6- permit application 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. " 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 o Jul 1988 • Lc Mayor , City of Redlands ATTEST: Ci Ce k bl 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, Johnson, Cunningham; Mayor Beswick NOES: None ABSENT: Councilmember DeMirjyn ABSTAIN: None City rk , City edlands _7_ DJM0198A