HomeMy WebLinkAboutOrdinances_2962ORDINANCE NO. 2962
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTERS 3.32, 3.44,
3.48, 3.54, 3.56, 3.60, 3.70, AND 13.40 OF THE REDLANDS MUNICIPAL CODE
RELATING TO OPEN SPACE AND PARK FEES, SEWER CAPITAL
IMPROVEMENT FUND, WATER CAPITAL IMPROVEMENT FUND,
TRANSPORTATION IMPROVEMENT FEES, STORM DRAIN FACILITIES FEES,
PUBLIC FACILITIES FEES, SOLID WASTE CAPITAL IMPROVEMENT FUND,
AND ACQUISITION OF WATER STOCKS AND WATER RIGHTS
WHEREAS, Chapters 3.32, 3.44, 3.48, 3.54, 3.56, 3.60, 3.70, and 13.40 of the Redlands
Municipal Code establish, respectively, Open Space and Parks, Sewer Capital Improvement,
Water Capital Improvement, Transportation Improvements, Storm Drain Facilities, Public
Facilities Fees, Solid Waste Improvement, and the Acquisition of Water Stock And Water Rights
to implement the City's General Plan to ensure that public facilities improvements which meet
City standards are available concurrent with the need caused for such facilities by new
development in the City; and
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS:
Section 1. Section 3.32 of the Redlands Municipal Code, entitled "Open Space and Park
Fees," is hereby amended to read as follows:
"3.32.040: FEE IMPOSITION:
Open space and parks fees shall be collected from all applicants for development 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 capital improvement plan in
accordance with the fees approved by the City Council. No building permit shall be issued unless
the 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 the fees shall be expended solely for the purposes for which the fees
were collected.
3.32.060: ADJUSTMENT OF FEE:
On July 1 of each fiscal year, the city's finance director, in coordination with the city's facilities
and community services director, shall make annual adjustments to the specific amounts of open
space and parks fees approved by the City Council by a percentage equal to the percentage change
in the construction cost index of the "Engineering News -Record" twenty (20) 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. Land costs shall also be evaluated annually and adjusted as necessary based on
the current market conditions at the time. "
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Section 2. Section 3.44 of the Redlands Municipal Code, entitled "Sewer Capital
Improvement Fund," is hereby amended to read as follows:
"3.44.030: CHARGES:
The specific amounts of the sewer capital improvement charges shall be approved by the City
Council and shall be paid as a condition of issuing building permits, or other City approved
entitlement, as determined within the sole discretion of the City, for buildings containing plumbing
fixtures and required to have new sewer services tapping into the City's sewage system or
increasing flow into the City's sewer system as estimated by the City. The charges shall be those
in effect on the date the permit is issued or as such other entitlement issued by the City.
3.44.040: ADJUSTMENT OF CHARGES:
On July 1 of each fiscal year, 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 fees adopted by the City Council by a percentage equal to the
percentage change in the construction cost index of the Engineering News-Record's-"Construction
Cost Index" - twenty (20) 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 of the Redlands Municipal Code, entitled "Water Capital
Improvement Fund," is hereby amended to read as follows:
"3.48.030: CHARGES:
A. Except as otherwise provided for in this section, the water capital improvement fees shall
be approved by the City Council and shall be paid as a condition of approval of an application for
a new water connection or, for any property or use having an existing water connection and which
is increasing its water demand on the City's utilities system, as a condition of issuance of any
building permit, business license, or other entitlement from the City associated with the change in
the property or use that is causing such increased demand. The charge due shall be that charge in
effect on the date the application for a connection is approved or on the date the entitlement
authorizing the increased demand is issued. All water capital improvement charges shall be
deposited into the City's Water Capital Improvement Fund.
3.48.040: ADJUSTMENT OF CHARGES:
On July 1 of each fiscal year, 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 fees approved by the City Council by a percentage equal to the
percentage change in the construction cost index of the Engineering News-Record's "Construction
Cost Index" - twenty (20) 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
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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 3.54 of the Redlands Municipal Code, entitled "Transportation
Improvement Fees," is hereby amended to read as follows:
"3.54.040: COLLECTION OF TRANSPORTATION IMPROVEMENT FEES:
Transportation improvement fees shall be collected from applicants for development projects as
provided in this chapter and approved by the City Council implementing this chapter. No building
permit shall be issued unless the fees required by this chapter are first paid and the development
project is consistent with the city's general plan. Fees collected pursuant to this chapter shall be
deposited in a special fund established for the purpose of constructing the transportation
improvements provided for in the city's general plan and approved capital improvement programs.
The fees required by this chapter are in addition to any other means of financing facilities or
improvements identified in the city's general plan which may be imposed on the development of
property under the provisions of state law, this code or city policy.
3.54.080: ESTABLISHMENT OF FEE:
In accordance with the city's general plan, the transportation improvement fees shall cover one
hundred percent (100%) of the city's estimated costs for transportation improvements required by
new development projects. The transportation improvement fees to be paid by a development
project shall be based upon a determination of the number of vehicle trips generated by the
development project, and the specific transportation improvement fee per trip generated shall be
approved by the City Council. The transportation improvement fees collected shall be allocated to
various transportation improvements comprising the city's street system, traffic signal system and
freeway interchanges in percentages established by resolution of the city council.
3.54.090: ADJUSTMENT OF FEE:
On July 1 of each fiscal year, beginning in July 2007, the director of finance shall make annual
adjustments to the specific amounts of fees approved by the City Council by a percentage equal to
the percentage chain (in the construction cost index of the "Engineering News -Record" - 20 cities
annual average) for the preceding twelve (12) month period. This adjustment will offset the effects
of inflation related construction cost increase (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 5. Section 3.56 of the Redlands Municipal Code, entitled "Storm Drain Facilities
Fees," is hereby amended to read as follows:
"3.56.020: DEFINITIONS:
Whenever the following terms are used in this chapter, they shall have the meanings established
by this section:
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ACCESSORY DWELLING UNIT: An attached or a detached residential dwelling unit
which provides complete independent living facilities for one or more persons. It shall
include permanent provisions for living, sleeping, eating, cooking, and sanitation on the
same parcel as the single-family dwelling is situated. An accessory dwelling unit also
includes the following:
Code.
(A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety
(B) A manufactured home, as defined in Section 18007 of the Health and Safety
Code.
ADMINISTRATIVE AUTHORITY: The director of municipal utilities and engineering
of the city.
COMMERCIAL DEVELOPMENT: Any building in which wholesale or retail selling or
educational activities may occur, and hotel/motel development.
DEVELOPMENT: Any use to which land is put, and any building, construction, or other
alteration of land incident thereto.
INDUSTRIAL DEVELOPMENT: All manufacturing and warehouse development.
MASTER STORM DRAIN PLAN: The storm drain plan prepared by or under the direction
of the city public works director and approved by the city and which identifies facilities
and improvements required on a citywide basis to serve the projected population of the city
as established by the city's general plan.
MULTI -FAMILY UNIT: Each unit of an apartment, duplex, multiple- dwelling structure
or dwelling group or condominium, and a manufactured or mobilehome located in a
mobilehome park on a temporary, semi -permanent or permanent basis.
OFFICE DEVELOPMENT: All general, professional and medical office development.
SENIOR RESTRICTED DWELLING UNIT: For purposes of this chapter, is defined as:
(A) A unit restricted by a covenant that runs with the land addressing the required
age restriction to the satisfaction of the city.
(B) The unit's water meter serves only internal water use. Landscape irrigation
shall be provided through a separate water meter service.
(C) The dwelling unit shall be less than 1,500 square feet of livable area.
Removal of the age restriction or an increase in the size of the unit will result in a
reassessment of the charges.
SINGLE-FAMILY DEVELOPMENT: An attached or detached one -family dwelling unit.
3.56.040: STORM DRAIN FEES:
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Storm drain fees shall be collected from applicants for development permits as approved by the
City Council. No building permit shall be issued unless the fees approved by the City Council are
first paid and the permit is consistent with the city's master storm drain plan. Fees collected as
approved by the City Council 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. The fees approved
by the City Council are in addition to any other means 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.
3.56.070: DETERMINATION AND PAYMENT:
The storm drain fees approved by the City Council are collected for the 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 the city at the time of issuance of a building permit for the development project.
3.56.080: ADJUSTMENT OF FEE:
On July 1 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 approved by
the City Council by a percentage equal to the percentage change in the construction cost index of
the "Engineering News -Record" - twenty (20) 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 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 6. Section 3.60 of the Redlands Municipal Code, entitled "Public Facilities
Fees," is hereby amended to read as follows:
"3.60.020: DEFINITIONS:
Whenever the following terms are used in this chapter, they shall have the meanings established
by this section:
ACCESSORY DWELLING UNIT: An attached or a detached residential dwelling unit
which provides complete independent living facilities for one or more persons. It shall
include permanent provisions for living, sleeping, eating, cooking, and sanitation on the
same parcel as the single-family dwelling is situated. An accessory dwelling unit also
includes the following:
Code.
(A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety
(B) A manufactured home, as defined in Section 18007 of the Health and Safety
Code.
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ADMINISTRATIVE AUTHORITY: The director of municipal utilities and engineering
of the city.
COMMERCIAL DEVELOPMENT: Any building in which wholesale or retail selling or
educational activities may occur, and hotel/motel development.
DEVELOPMENT: Any use to which land is put, and any building, construction, or other
alteration of land incident thereto.
INDUSTRIAL DEVELOPMENT: All manufacturing and warehouse development.
MULTI -FAMILY UNIT: Each unit of an apartment, duplex, multiple- dwelling structure
or dwelling group or condominium, and a manufactured or mobilehome located in a
mobilehome park on a temporary, semi -permanent or permanent basis.
OFFICE DEVELOPMENT: All general, professional and medical office development.
SENIOR RESTRICTED DWELLING UNIT: For purposes of this chapter, is defined as:
(A) A unit restricted by a covenant that runs with the land addressing the required
age restriction to the satisfaction of the city.
(B) The unit's water meter serves only internal water use. Landscape irrigation
shall be provided through a separate water meter service.
(C) The dwelling unit shall be less than 1,500 square feet of livable area.
Removal of the age restriction or an increase in the size of the unit will result in a
reassessment of the charges.
SINGLE-FAMILY DEVELOPMENT: An attached or detached one -family dwelling unit.
3.60.040: FEES:
Public facility fees shall be collected from applicants for development projects for the purpose of
constructing, improving, providing and maintaining public facilities identified in the city's public
facility program in accordance with the amounts approved by the City Council. No building permit
shall be issued unless the fees approved by the City Council are first paid. Fees collected as
approved by the City Council shall be deposited into separate capital facilities accounts or funds
in a manner to avoid any commingling of such fees with other revenues of the city and the fees
shall be expended solely for the purposes for which the fees were collected. The fees required of
an applicant for a development project approved by the City Council 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
3.60.050: PAYMENT:
The public facility fees approved by the City Council shall be paid by the applicant for a
development project as a condition of, and at the time of issuance of, a building permit for the
development project. The City Council has determined that the approved fees will be collected for
public improvements and public facilities for which an account has been established and funds
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appropriated and for 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 approved by the City Council are to reimburse the city for expenditures previously made.
3.60.060: ADJUSTMENT OF FEE:
On July 1 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 public facilities fees approved
by the City Council by a percentage equal to the percentage change in the construction cost index
of the "Engineering News -Record" - twenty (20) 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 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 7. Section 3.70 of the Redlands Municipal Code, entitled "Solid Waste Capital
Improvement Fund," is hereby amended to read as follows:
"3.70.030: CHARGES:
A. The solid waste capital improvement charge for the following categories shall be approved
by the City Council and shall be paid as a condition of issuance of building permits for buildings
required to have new solid waste services from the City's solid waste system or increasing the
solid waste stream into the City's solid waste system as estimated by the City. The charges shall
be those in effect on the date the permit is issued.
1. Accessory dwelling units: The charge for this category shall be per accessory
dwelling unit.
2. Single-family dwelling units: The charge for this category shall be per dwelling or
unit.
3. Multiple -family dwelling units, apartments, and mobilehome park lots or space: The
charge for this category shall be per dwelling or unit or mobilehome space.
4. Nonresidential development: The charge for this category shall be a charge per
pound per day estimated solid waste as estimated by the Public Works Department.
5. All solid waste capital improvement charges shall be credited to the Solid Waste
Capital Improvement Fund.
B. 1. The owner of the property shall pay to the City the difference in the solid waste capital
improvement charges calculated on the basis of currently established charges.
a. If a building or the use of a building on a parcel of property which building had been
served by the solid waste system is charged in a way that would make the solid waste capital
improvement charge greater; or
b. If a building is replaced on a parcel of property, which building had been served by the
solid waste system, and the replacement building would have a greater solid waste capital
improvement charge than the building replaced.
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The difference in charges shall be due prior to final approval of a conditional use permit, if
applicable, or, if not, prior to building permit issuance. If not collectible in this manner, such
difference shall be invoiced with the next billing for solid waste service and collectible in the same
manner as the billing for solid waste service.
2. If a building or the use of a building on a parcel of property is changed in any way that
would make the solid waste capital improvement charge less, no refund shall be made, but the
property shall retain the amount of credit established for its previous use.
3.70.040: ADJUSTMENT OF CHARGES:
On July 1 of each fiscal year, 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
solid waste capital improvement fees approved by the City Council by a percentage equal to the
percentage change in the construction cost index of the Engineering News-Record's "Construction
Cost Index" - twenty (20) 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 8. Section 13.40 of the Redlands Municipal Code, entitled "Acquisition of
Water Stocks and Water Rights," is hereby amended to read as follows:
"13.40.030: DEVELOPER REQUIREMENTS:
For any development project that will require water service or incremental water demand from the
City, a water source acquisition charge shall be approved by the City Council and shall be paid as
acondition of final approval of that development. The charge due shall be that amount in effect on
the date approval of the development is given by the City.
13.40.040: ADJUSTMENT OF CHARGES:
On July 1 of each fiscal year, 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 source acquisition fees approved by the City Council by a percentage equal to the percentage
change in the construction cost index of the Engineering News-Record's "Construction Cost Index"
- twenty (20) 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 9. The City Council hereby determines that the adoption of this ordinance is
exempt from review under the California Environmental Quality Act ("CEQA") pursuant to State
CEQA Guidelines section 15061(b)(3) because this City Council determines that it can be seen
with certainty that approval of this ordinance will have no direct or indirect impact on the physical
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environment, and that approval of this ordinance is not a "project" under CEQA as that term is
defined in Public Resources Code section 21065.
Section 10. Severability. If any section, sentence, clause or phrase of this ordinance or
the application thereof to any entity, person or circumstance is held for any reason to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or
applications of this ordinance which can be given effect without the invalid provisions or
application, and to this end the provisions of this ordinance are severable. The City Council of the
City of Redlands hereby declares that it would have adopted this ordinance and each section,
sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections,
sentences, clauses or phrases be declared invalid or unconstitutional
Section 11. The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of this ordinance and shall cause it, or a summary of it, to be published once in a
newspaper of general circulation within the City, and thereafter, this ordinance shall take effect as
provided by law.
Eddie Tejeda, Mayor
ATTEST:
nne Donaldson, City Clerk
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I, Jeanne Donaldson, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance
was duly adopted by the City Council at the regular meeting thereof, held on the 16th day of July
2024, by the following vote:
AYES:
NOES:
ABSENT:
AB STAINED:
Councilmelnbers Barich, Davis, Guzman -Lowery, Saucedo; Mayor Tejeda
None
None
None
Jirfe Donaldson, City Clerk
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