HomeMy WebLinkAboutOrdinances_2661_CCv0001.pdf ORDINANCE NO. 2661
AN ORDINANCE OF rI-1E CITY OF REDLY NDS AMENDING CIJAPTERS 3.2,
156 AND 3.60 OF THE RED ANDS Mt-)NICIPAL CODE TO ESTABLISH NEW
REGULATIONS GOVERNING THE IMPOSITION OF PARK AND OPEN SPACE
FFES, STORM DRAINAGE FEES AND PUBLIC FACILITY FEES
WHEREAS, pursuant to the State's Mitigation Fee Act, contained in Government
Code Sections 66000 throu-h 66025, the City Council of the City of Redlands ("this City
Council") is authorized to inipose development impact 1ecs to ensure that new
development pays tile capital costs ofpublic Facilities necessary to serve new gro%xth, and
WHEREAS, this City Council has commissioned a comprehensive study, entitled
"The City of Redlands Public Facilities Fee Study" (the —Fee Study"), to determine the
maximum justified public tacilities fee levels to unpose on new development to inaintain
tile City's public facilittes' standards; and
WHERAS, this City Council has since been presented with the Fee Study which
contains an analysis of the City's public facilities fee program in the categories of
General Government, Library, Fire, Police, Parks and Open Space, Storm Drainage and
Transportation; and
WHEREAS, after a careful revickv 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:
I. Identifies the purpose of each of the fees;
2. Identifies the uses to which the fees will be put;
Shows a reasonable relationship between the fices' use and the type of
development protects on which tile fees are imposed;
4Shows as reasonable relationship between the need tor the public facilities
to be financed by the fees and the type of development projects on which
the fees are imposed: and
5, Shows as reasonable relationship between the amOUIlt of the fess and the,
cost of the public facilities, or portion of the public facilities, attributable
to the development projects on which the fees are imposed.
D.JNA'.0rd',2601 Anx1iding(liapter332 I
13The fees collected pursuant to this Ordinance shall be used to finance the
public racifiries described or identified in the Fee Study and public facility master plans
as may be, ft-oni time to time, adopted by this City Council.
CAfter considering the project descriptions and cost, estimates identified in
the Fee Study, this City Council approves such project descriptions and cost estimates,
and Finds them reasonable as as basis for calculating and imposing public facilities fees;
DThe proJects and (1ce methodology identified in the F�cc Study are
consistent with the City's General Plan; and
E. Approval of the Fee Study, and the adoption of this Ordinance, are
categorically exempt from environmental review put-SUant to California Environmental
Quality Act (_CEQA") Guidelines section 15061(b) (3), because C° QA applies only to
projQcts 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 environtrient, and as such are not subject to CE( A;
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS
FOLLOWS-
Section 1. The City of Redlands Public Facilities Fee Study prepared by
MuniFiriancial, dated May 15, 2007, is hereby approved and adopted.
'Section 2. Chapter 3,32 of the RedlaM
nds unicipal Code relating to Open Space
and Park Fees is hereby deleted in its entirely and rcwt-Itten to read as follows:
"Chapter 3.32
OPEN SPACE AND PARK FEES
Sections:
3.31010 Purpose
332,020 Definitions
3_31 030 Compliance with Chapter
131040 Fee imposition
331080 In fiCLJ Of tees
3,32,090 Deterriiination and payment
131100 Adjustment of flee
3.31010fRijmiq52c, It is the Purpose and intent of this Chapter to Iniplenwrit the
Redlands General Plan to ensure that open space lands and active and passive parks are
made available to the public concurrent with the aced for such lands and parks caused by
new development within the City, The fees established pUrSiJant to this Chapter shall be
imposed as as condition of approval of new residential, commercial, and office and
()JN1'k)rd',_!601 Amending Chiptcr 332 2
industrial development to pay for the costs incurred by tile, City, for acquiring, developing,
improving and expanding open space areas, secruc drives, parks, playgrounds and
recreational facilities to meet the increased needs for those facilities restilting frorn the
effects of new development.
332,020 Definitions. The definitions set forth in this section govern tile
construction of this Chapter:
A. "Commercial development" means any building in which wholesale or retail
sellina or educational activities may occur, and hotel,motel development.
B. —Developnient" tnea ns, any use to which land is put, and any building,
construction, or other alteration of land incident thereto,
C, "industrial develop in ent" means all manufacturing and warehouse
development,
D. "MUlti-ftirully Unit" means each unit of an, apartment, duplex, multiple-
dwelling structure or dwelling group or condominium, and as manufactured or
mobile home located in a mobile ]ionic park on a temporary, senliperrnallent
or permanent basis.
E "Office Development" means all -,encral, professional and medical office
developracrit,
F. "Single Family Development" means art attached or detached one-farnily
dwelling unit.
3.32,040 Fee Wosition. Open space and parks fees shall be collected from all
applicants for developincrit projects for the purpose of acquiring, developing, improving
and expanding open space and park, lands identified in the City's open space and park-
lands acquisition and development prograrn in accordance with the amounts established
by Resolution of the City Council. No building, permit shall be issued unless tile fees
required by this Chapter are first paid, Fees collected pursuant to this Chapter shall be
deposited into a separate account or fund in a manner to avoid any commingling Of sUCh
Fees with other revenue of the City and tile fees shall be expended solely for the purposes
for,vhjch the fees were collected,
331080 In licti Donation/ConstrUCt ion. hi lieu of the payment of the fees
required by this Chapter, the City Council may, in Its sole discretion, accept tile donation
ofland or the construction of improvements and development of parkland to satisfy all or
part of the obligation to pay the fees required by this Chapter.
U2.090 Dctermination and 'Flie Cees established by this Chapter are
pAyrt cilt, I
tL _
collected for the acquisition of lands and the constructi on of iniproe ,,,enients and facilities
for which the City has established an account, appropriated funds and adopted a proposed
Aniending Chapter 3.32 3
acquisition and construction schedule or plan, prior to final inspection or issuance of a
certificate of occupancy for the development project for which the tees are imposed, or
the fees are to reimburse the City for expenditures previously rnade, and shall be
determined and bcconie due and payable to the City at the time ofissuance of a building
pennit for a single-family residence, mobile home space, multi-f-anilly unit, or
commercial, office or industrial development.
3.3 2.100 t\d
jj.is Lm r t of too, On July I" of each fiscal year, the City's Finance
Director, in coordination with the City's Public Works Director, shall make annual
adjustments to the specific amounts of open space and parks fees adopted by resolution of
the City Council 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 off'set the effects of inflation --
related
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. Land costs shall also be evaluated annually and adjusted
as necessary based on the current market conditions at the time."
Section 3. Chapter 3.56 of the Redlands Municipal Code relating to Storm Drain
Facilities Fees is hereby deleted in its entirety and rewritten to read as follows-,
"Chapter 3.56
STORM DRAINTACILITIES FEES
Sections:
156.010 Purpose and intent
3.56.020 Definitions
156,030 Compliance with chapter
3 56 040 Stonn drain fees
156050 Credit for construction of i rn prove i-rien ts
156,060 Required construction
156070 Payment
3,56M0 Adj ustment offer
3.56.010 Purp-qse and intent, It IS the Purpose and intent of this Chapter to
implenrent the Redlands General Plan to ensure that storm drain facilities and
improvements which satisfy" City standards are available COI)CUrrent vvith the need caused
by new development within the CnyThe City Council further finds that the conipletion
of a local Citpvide storm drain system is of benefit to all new development within the
City. This Chapter shall establish the methods of financing the construction of tile
required storm drain facilities,
DJ,M1,Or&2661 AmendingChapter,132 4
3,56,020 Definitions, Whenever the following terms are used In this Chapter,
they shall have (lie meanings established by this section:
A. "N/laster '.Storm Drain Plan" mean,, the storm drain plan prepared by Or under
the direction ofthe City Public Works Director and approved by the City and
which identify facilities and improvements required on a City-wide basis to
serve the pr(*cted population of the City as established by the City's General
Plan.
B, "Commercial development" means any building in which wholesale or retail
selling or educational activities may occur, and hotel/motel development.
C. "Development" means any use to which land is put, and any building,
construction, or other alteration of land incident thereto.
E. *'Industrial development*" means all manufacturing and warehouse
development.
E "Multi-family unit" means each unit of an apartment, dUpleX, multiple
-
dwelling structure or dwelling group or condominitini, and a manuflactured or
mobile home located in a:mobile home park oil a temporary, semipermanent
or permanent basis.
G. "Office Developiriera" means all general, professional and rt edical office
development,
H. "Single Family Development" means all attached or detached one family
dwelling unit.
3.56,030 C2mnvliane 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 Master Sterm, Drain Plan, To ensure
consistency with the plan, the City may impose conditions to approval of the
development which are necessary to implement the plan. 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 improvements will be installed and
available to serve new development prior to, or C011CUrrently with, the need.
3,56.040 Storm drain fees, Slorin drain fees shall be collected from applicants for
development permits in accordance with the schedule incorporated in this Chapter, 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 :[aster Storm Drain Plan. Fees collected as
required by this Chapter shall be deposited in a special fund established for the purpose
of constructing the storm facilities provided in the City's Master Storm Drain Plan. Tile
fees required by this Chapter are in addition to any other tricaris of financing facilities or
improvements identified In the City's Master Storm Drain Plan which may be imposed on
the development of property under the provisions of State law, this Code or City policy.
DAVOT-d",2661 Ani endingChapteT-3,32 5
3,56.050 Credit for construction of 'I'lie amount of storm drain
fees required to be paid by an applicant lor a development prQ)ect shall be reduced by the
cost of any storm drain improvements identified in the City's Master Storin Drain Plan
which are required to be constructed by the applicant as to condition oaf the City's approval
oaf`the development prqject. The applicant shall be responsible for providing, to the City
data, satisfactory to the City's Public Works Director, substantiating the applicant's costs
for constructing such storm drain improvements. The deterniination of the f1ce credit
allowed by this section shall be made by the City's Public Works Director,
3.56.060 Deterniination,And Payment. The storm drain fees established by this
Chapter are collected for tile construction of storm drain Facilities and improvements for
which the City has established an account, appropriated funds and adopted a proposed
construction schedule or plan prior to Final inspection or issuance of a certificate of
occupancy for the development project for which the fees are imposed, or the fees are to
reimburse the City for expenditures previously made, and shall be determined and
become due and payable to tile City at the time of issuance of a building permit for time
development project.
3.56.070 Ad -fee. Oil .holy I" of each fiscal year, the City's Finance
Director, in coordination with the City's Public Works Director, shall make annual
adjustments to the specific amounts of storm drain fees adopted by resolution of the City
Council by as percentage equal to the percentage change in tile Engineering News
Record's Construction Cost Index --- twenty cities annual average for the preceding twelve
(12) month period. Tile 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 Director of Finance 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, Land costs may be evaluated annually and
adjusted as necessary based on the current market conditions at the time.,
Section 4. Chapter 3.60 of the Redlands Municipal Code relating to Public
Facilities Fees is hereby deleted in its entirely and rewritten to read as follows:
"Chapter 3.60
PUBLIC FACILITIES FEES
Sections-,
160010 Purpose and intent
3.60.020 Definitions
160.030 Compliance with chapter
160,040 Public t1acility fees
3.60.050 Payment
3.60,000 AcIJustnient of fee
DAV'Ord'12661 Amending Chapter 3,32 to
3.60.010 Putid intent It is the purpose and Intent of this Chapter to
implement the Redlands General Plan to ensure that public facilities related to the City's
Civic Center, Corporate Yard, Fire Department, Library and Police Departruent are
available concurrent with the need for such facilities caused by new developnIent within
the City. The City Council Further finds that a City-wide public facility program is of
benefit to all new development within the City. This Chapter shall establish the methods
of financing the constrUCtiOD Of Such Civic Center, Corporate Yard,, Fire and Police
required public facilities and related improvements.
3.60 020 Definitions, Whenever the folloNving terms are used in this Chapter,
they shall have the meanings established by this sectl()Il:
A. "Commercial developtrient" means any building in which wholesale or retail
selling, or educational activities may OCCUr, and hotel/ruotel, development.
C�
B, "Developnient" tneans any use to which land IS Put, and any building,
construction, or other alteration of land incident thereto.
C. "Industrial development" means all rnanUfactul-ing and warehouse
developtnent.
D� "Multi-fancily unit" means each unit of an apartment, duplex, multiple-
dwelling structure or dwelling group or C01](10111juILIM, and a manufactured or
mobile home located in a mobile home park oil as temporary, semipermanent
or permanent basis,
E. "Office Developi-nent" means all general, professional< and medical office
development,
F. "Single Family Development" means an attached or detached one-farrifly
dwelling 11111t,
1W030 Cc
_wviLh Chapter; No developrilent project shall be approved
unless the City finds that public facility irnprovcrilents necessary to serve the
development project exist or will be constructed in compliance with the requirements of
the City's public facility prograrn, To ensure consistency with the prograrn, the City ratay
irripose any conditions of approval to the development project which are necessary to
unplernent the prograrn. The requirements of this Chapter are irriposed as a condition of
development to ensure implementation of and consistency with, the City's General Plan
Viand to protect the public health, safety and welfare by insuring that adequate public
facilities and related irriproverrients, will be constructed and available to serve new
development prior to or COIlCLIrrCTltIV with the need.
3.60.040 Public 1"aeilitv fees. Public facility fees shall be co:Heeled from
applicants Cor development projects for the purpose of constructing, Irnproving, providing
and maintaining public facilities identified in the City's public facility proit;rarn III
DA1'-0rd1N1 Amending
j ,Chapter 3,k2 7
accordance with the amounts established by this hapter. No building permit shall be
ISSUCCI UnICSS the fees required by this Chapter are first paid. Fees collected pursUant to
this Chapter shall be deposited into separate capital facilities accounts or funds in a
nianner to avoid any commingling of such fees with other revenues of the City and the
fees shall be expended solely for the purposes tbr which the fees were collected. The fees
required of an applicant for a developinent project by this Chapter are in addition to any
other means of financing public facilities or related improvements identified in the City's
public facility program which may be Imposed upon the applicant for the development
project under the provisions of federal, State or local law.
3,60.0.50 !'dent. The public facility fees established by this Chapter shall be
paid by the applicant for as developirient project as a condition of, and at the time of
issuance ot, as building permit [Ior the development project. The City Council has
determined that the fees established by this Chapter will be collected for public
improvements and public facilities for which -an account has been established and funds
appropriated and l,or which the City has adopted a proposed construction schedule or plan
prior to the dates of final inspection or issuance of a certificate of occupancy for new
development, and/or fees established by this Chapter are to reimburse the City for
expenditures previously made,
3.60.060 Adjustment of t'ce. On July I't of each fiscal year, the City's Finance
Director, in coordination with the City's Public Works Director, shall make annual
adjustments to the specific arnounts of public facilities fees adopted by resolution of the
City Council 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 for 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 Director of Finance shall use any appropriate official index
published by the Bureau of Labor Statistics, or sin-iflar agency as may then exist or may
then be most nearly equivalent thereto. Land costs shall also be evaluated annually and
aktiusted as necessary based on the current market conditions at the time."
Section 5. Existing Park and Open Space Fee Account, Consistent with the
changes to the park and open space fee account made by the provisions of this Ordinance,
the City Council hereby directs the Finance, Department to consolidate the existing,
separate open space and park fee accounts into one account.
Section 6. Severability. If any portion of this Ordinance is found to be
U11consti uti&on—al 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 7. Effective Date. This Ordinance shall be in force and take effect as
provided by law.
DJN1%0rd`.2Ott 1 Amending Chapto,332
Section S. The City Council hereby determines that the adoption ofthis Ordinance
is exertapt put-suant to the Csallf'brtxia Ejivironrnetatzai Quality Act pursuant to State CEQA
Guidelines Section 15061 (b)(3).
Section 9, Certification. The; City Clerk shall certify to the adoption, of this
ordinance and cause it to be published once in the C"+cdlands Baily Facts, a newspaper of
general circulation printed and published in this City.
?; yip"i'jcaf ill 'ity of Redlands
City `lerk
I; Lort e Poy er, City Clerk of the City of Redlands, hereby ;certify that the forgoing
ordinance was duly adopted by the City Council at a regular meeting thereof held curl the
5th day Of June, 2007 by the following Note`
AYES Councilmernbers Gilbreath, Gil, Gallagher Aguilar; Mayor Harrison
NOES: None
ABSENT. None
ABSTAIN: None
Lorrie i yzer City Cler
W'41`Ord's2661 Amcnding('haptc:r 3.32