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HomeMy WebLinkAboutOrdinances_2039_CCv0001.pdf Residential Development Fees Effective Sept . 3 , 1988 ORDINANCE NO. 2039 AN ORDINANCE OF THE CITY OF REDLANDS ADDING CHAPTER 3. 58 TO THE REDLANDS MUNICIPAL CODE RELATING TO THE ESTAB- LISHMENT OF TRAFFIC SIGNALIZATION 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 to install and maintain traffic signals have 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 traffic signalization program which identifies new signal 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 new signalization facilities has been prepared by the City which takes into account the anticipated need for such facilities based upon the projected population of the City and the anticipated pace of development within the City; and WHEREAS, because traffic resulting from new devel- opment adversely impacts upon traffic patterns and overall traffic circulation within the City thereby causing a direct need for adequate traffic signalization, this City Council further finds and determines that unless fees are imposed on new development within the City to finance needed traffic signals and signalization improvements, such new development will adversely affect the public health, safety and welfare of the citizens of Redlands; and WHEREAS, the traffic signalization fees collected pursuant to this ordinance shall be used to finance only those public facilities described or identified in the City' s Traffic Signalization Program; and WHEREAS, the cost estimates set forth in the City Engineer ' s traffic signalization 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 traffic signal 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 -2- detail described in the traffic signalization plan referred to above; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS: Section 1 : Chapter 3 . 58 is hereby added to the Redlands Municipal Code to read as follows : "Chapter 13 . 58 TRAFFIC SIGNALIZATION FEES 3 . 58 . 010 Purpose and Intent . It is the purpose and intent of this Chapter to implement the Redlands General Plan to ensure that traffic signal 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 a City-wide traffic signalization program is of benefit to all new development within the City. This Chapter shall establish the methods of financing the installation and maintenance of the required traffic signals and signalization improvements other than those signals and improvements which are provided through approval of subdivision or parcel maps . -3- 3 . 58. 020 Definitions . Whenever the following terms are used in this Chapter , they shall have the meanings established by this section: a. "Traffic Signalization Program" means the traffic signal installation and improvement plans prepared by the City Engineer, and approved by the City, which identify signals and improvements 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 . 58 .030 Compliance With Chapter . No development permit shall be approved for new development unless the City finds that traffic signalization improvements proposed for the development satisfy the requirements of the City ' s Traffic -4- Signalization Program. To ensure consis- tency with the program, the City may impose any conditions to approval of the development which are necessary to imple- ment 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 Plan and to protect the public health, safety and welfare by insuring that adequate public facilities and improve- ments will be installed and available to serve new development prior to or concur- rently with the need. 3 . 58 . 040 Traffic Signalization Fees. Traffic signalization fees shall be col- lected from applicants for development permits in accordance with the schedule of fees as established from time to time by resolution of the City Council . No build- ing permit shall be issued unless the fees required by this Chapter are first paid and the permit is consistent with the City' s Traffic Signalization Program. Fees collected as required by this Chapter shall be deposited in a special fund -5- established for the purpose of installing, improving and maintaining traffic signals provided in the City' s Traffic Signaliza- tion Program. The fees required by this Chapter are in addition to any other means of financing facilities or improvements identified in the City ' s Traffic Signali- zation Program which may be imposed on the development of property under the provi- sions of state law, this Code or City policy. 3. 58 .050 Required Installation. Each developer shall install such traffic signalization facilities for its develop- ment as may be required by the City ' s Engineer in accordance with the City ' s Traffic Signalization Program. The City Engineer shall determine what signaliza- tion facilities are required to be installed for each new development within the City. Such determination may be based upon traffic reports furnished by the developer , the City' s Traffic Signaliza- tion Program, and such other methods as determined by the City Engineer . -6- 3. 58 . 060 Payment . As a condition of issuance of any building or development 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 of July . 1988• Mayor , City of Redlands ATTEST: A.,L4 lit City e k I DJM0198B 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 a; q City— (4erk, C' f Redlands