HomeMy WebLinkAboutOrdinance - 2581 - Impact Fees ORDINANCE NO. 2581
AN ORDINANCE OF THE CITY OF REDDING AMENDING REDDING
MUNICIPAL CODE TITLE 16 (BUILDINGS AND CONSTRUCTION),
CHAPTER 16.20 (DEVELOPMENT IMPACT FEES) BY AMENDING
SECTION 16.20.150 (FIRE FACILITIES IMPACT FEES), AMENDING
SECTION 16.20.160 (CITYWIDE TRANSPORTATION DEVELOPMENT
IMPACT FEE), AMENDING SECTION 16.20.190 (WATER SYSTEM
IMPACT FEES), AND AMENDING SECTION 16.20.200 (WASTEWATER
SYSTEM IMPACT FEES), ALL RELATING TO THE IMPACT FEES OF
DEVELOPMENT ON EXISTING FIRE, TRANSPORTATION, WATER,
AND WASTEWATER FACILITIES SYSTEMS
WHEREAS, pursuant to Chapter 16.20 of the Redding Municipal Code, the City Council of the
City of Redding may establish development impact fees to assist in the implementation of the
City of Redding General Plan and to mitigate the impact of development identified in the
documents titled Development Impact Mitigation Fee Nexus Study dated December 5, 2017; and
WHEREAS, Development Impact Mitigation Fee Nexus Study dated December 5, 2017,
containing a update of the City of Redding's impact fee programs for the following types of
facilities: Fire Protection, Citywide Transportation, Water, and Wastewater; and
WHEREAS, the City of Redding desires to consider the Development Impact Mitigation Fee
Nexus Study and update the impact fee programs accordingly for: Fire Protection, Citywide
Transportation Development, Water, and Wastewater; and
WHEREAS, the Development Impact Mitigation Fee Nexus Study dated December 5, 2017,
provides the information necessary to adopt required findings in compliance with the State of ,n
California's Mitigation Fee Act (Government Code 66000 et seq.) to update the impact fee
programs under consideration; and
WHEREAS, the City desires to not only update certain impact fees but also streamline and
consolidate various provisions within Chapter 16.20 for clarification and consistency.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
REDDING AS FOLLOWS:
Section 1. Title 16 (Buildings and Construction), Chapter 16.20 (Development Impact Fees),
Section 16.20.150(Fire Facilities Impact Fees) is hereby amended to read as follows:
16.20.150 - Fire facilities impact fee.
A. Purpose. The purpose of the fire facilities impact fee is to fund facility and equipment
needs, which are impacted by and required due to new development. There is a demand
for new fire stations and equipment; replacement and updating of existing facilities and
equipment; and construction of training facilities in response to development identified in
the City of Redding General Plan. Evidence indicates that the demand is directly related
to the impacts of new development and is necessary to maintain adequate levels of fire
protection, suppression, rescue and emergency medical activities and the resources
required for the successful mitigation of those incidents, while providing adequate
response times and personnel to the areas served to maintain reasonable insurance rates
for affected property owners.
B. Fee Schedule. The base fire facilities impact fees imposed pursuant to this section are
based on the findings and determinations of the appropriate fee study or studies and shall
be established by resolution of the city council.
Section 2. Title 16 (Buildings and Construction), Chapter 16.20 (Development Impact Fees),
Section 16.20.160 (Citywide Transportation Development Impact Fees) is hereby amended to
read as follows:
16.20.160 - Citywide transportation development impact fee.
A. Purpose. The purpose of this fee is to provide for costs of street widening and
reconstruction, traffic-control devices/facilities, transit facilities, bike paths, pedestrian
facilities, bridge widening, and freeway interchange improvements related to new
development in accordance with the development forecast under the City of Redding
General Plan. As the amount of new development contemplated by the general plan
occurs, there will be an additional burden on the citywide surface transportation system.
Without funding identified capital improvements, there will be an unacceptable level of
traffic congestion, delays, accidents, and generally reduced public safety throughout the
city. Air quality could be adversely affected as has been demonstrated in other studies
when idle/standing times are increased.
B. Transportation Impact Fee Zone. There is established the transportation development
impact fee zone, with its boundaries being the incorporated limits of Redding, California,
as they may exist from time to time.
C. Fee Schedule. The transportation development impact fee imposed pursuant to this
section is based on the findings and determinations of the appropriate fee study or studies
and shall be established by resolution of the city council.
D. Exemptions.
1. Exemptions. Any claim of exemption must be made no later than the time of
obtaining a building permit. Any claim not so made shall be deemed waived. The
following shall be exempted from payment of the impact fee:
a. Alterations or expansion of an existing building where no additional
dwelling units are created, where the use is not changed, and where no
additional vehicular trips will be produced over and above those produced
by the existing use.
b. The construction of accessory buildings or structures which will not
produce additional vehicular trips over and above those produced by the
principal building or use of the land.
E. Special Benefit Zone. In the event a special benefit zone is adopted by the city pursuant
to Section 16.20.120(C), credits may be allowed pursuant to the terms of the resolution.
All funds collected and held in an account or fund for a special benefit zone previously
abolished by action of the city council shall continue to be held in an account or fund and
used to finance the construction of the facilities for which such funds were intended, with
such additional funds as are available from the citywide transportation development
impact fee and such other funds identified pursuant to the State Mitigation Fee Act,
except where findings consistent with the provisions of state law are made by the city
council to allocate such funds to an alternate improvement of equal or greater benefit in
addressing the impact for which the district was originally established.
Section 3. Title 16 (Buildings and Construction), Chapter 16.20 (Development Impact Fees),
Section 16.20.190 (Water System Impact Fees) is hereby amended to read as follows:
16.20.190 - Water system impact fees.
A. Purpose. The purpose of the water system impact fee is to protect the health and safety of
the citizens of the city by providing for facilities to ensure a continuing supply of potable
water, including new water mains and storage reservoirs. Federal, state, and city
regulations establish minimum standards for potable water required to adequately serve
residential and other land uses, as well as to provide for fire protection. As the population
increases and new development locates or existing development expands in the city, there
will be an attendant demand to expand the facilities necessary to provide an adequate
supply of potable water for domestic consumption, fire protection, and nondomestic
purposes, such as industry and commerce. This section is intended to complement the
requirements of RMC Chapter 14.08, and any conflicts or interpretations will be
governed by RMC Chapter 14.08.
B. Definitions. For the purposes of this section:
1. "AWWA" means the American Water Works Association.
2. "Household equivalent" means any residential premises served by a 5/8 -inch or
3/4-inch water meter and small commercial businesses served by a standard 5/8 -
inch meter. Household equivalents for larger meters, 3/4-inch, 1-inch, 11/2-inch, 2-
inch, 3-inch, 4-inch, 6-inch, and 8-inch, have been computed using the ratio of the
larger meter's AWWA-rated capacity to the AWWA's rated capacity of a standard
5/8 -inch meter.
3. "User" means any person or persons, all entities public or private, residential,
industrial, commercial, governmental, or institutional who receive water as
defined by the California State Department of Health Services, Division of
Drinking Water, as either potable or reclaimed at a service connection, fire
hydrant, or fire-service system that is further defined by the RMC.
4. Three-Family Dwelling ("Triplex") means a single building that contains three
dwelling units.
5. Four-Family Dwelling ("Fourplex") means a single building that contains four
dwelling units.
C. Fee schedule. The water system impact fee imposed pursuant to this section is based on
the findings and determinations of the appropriate fee study or studies and shall be
established by resolution of the city council.
1. Water System Impact Fee. The fee represents a contributive share of the costs to
provide funds for use in constructing all or a portion of capital improvements
necessary to serve new customers. Each premises as defined in this chapter
applying for a new water service, as distinguished from a change in location, shall
pay the current impact fee based on meter size, per household equivalent, as
follows:
a. Assessment of Household Equivalents.
Meter Size Household Equivalent Ratio
5/8 " 1
%,, 1.5
%" single-family residential home with approved fire sprinkler system 1
1" 2.5
1%2" 5
2" 8
3" 16
4" 25
6" 50
8" 80
10" 145
12" 215
b. Exception to Household Equivalents.
(i) The director of public works, or his or her designee, is authorized to make
an exception to the household equivalent ratio table if it is determined that
a larger meter is necessary to provide flow rates to operate a city-
mandated fire sprinkler system for single-family residential homes built on
parcels smaller than 0.25 acre and served in areas of the city's water
system with less than sixty-five pounds of static pressure.
(ii) Water meters serving water for indoor domestic use to Duplex, Triplex,
and Fourplex dwellings shall be assessed at 75 percent of the applicable
Household Equivalent Ratio.
(iii) The Director of Public Works, or his or her designee, is authorized to
restrict the flow rate of water meters serving low demand applications
having a peak demand of less than 20 gallons per minute and prorate the
impact fee assessment proportional to the restricted flow rate.
(iv) Special circumstances when determined appropriate by the Public Works
Director or his or her designee.
2. Reimbursement for Existing Facilities. Connection to the water system may be
subject to a reimbursement agreement established under the provisions of Chapter
16.16. Such reimbursement, where applicable, is necessary to reimburse a third
party for the cost of providing water-system improvements to the property which
was required by the city to ensure that the current and future development of
property occurs in a logical and orderly fashion.
Section 4. Title 16 (Buildings and Construction), Chapter 16.20 (Development Impact Fees),
Section 16.20.200(Wastewater System Impact Fees)is hereby amended to read as follows:
16.20.200-Wastewater system impact fees.
A. Purpose. The purpose of the wastewater system impact fee is to protect the health and
safety of the citizens of the city by providing for the construction of wastewater facilities,
including new pipes, treatment plants, and aeration ponds. As new development occurs,
there will be an additional burden placed on the existing wastewater collection, treatment,
and disposal systems. Federal, state, and city health requirements set minimum standards
for effluent treatment that results in the demand for new wastewater facilities. This
section is intended to complement the requirements of RMC Chapter 14.16, and any
conflicts or interpretations will be governed by RMC Chapter 14.16.
B. Definitions. For the purposes of this section:
1. "Food preparation facility" means any facility or part of a facility which packages,
processes, assembles, portions, or performs any operation which changes the
form, flavor, or consistency of food, but does not include trimming or produce.
Food includes any raw or processed substance, ice, beverage, or ingredient
intended to be used as food, drink, confection, or condiment for human
consumption. A food preparation facility is more completely defined in RMC
Section 14.16.020.
2. "Household equivalent" means both the basic quantitative unit of wastewater
volume and strength representing that wastewater generated by a typical single-
family residence connected to the wastewater collection system during an average
day and the proportional flow within the POTW system attributed to a single-
family residence on an average day. It is more completely defined in RMC
Section 14.16.020.
3. "Lateral" means a public sewer/wastewater line that receives wastewater from one
or more wastewater connections.
4. "Line tap" means the action by the city of installing an opening in a lateral to
accommodate a wastewater connection.
5. "POTW" means publicly owned treatment works of the city, including the entire
facilities for collecting, transporting, pumping, treating, and disposing of domestic
and industrial wastewaters, located within and outside the city limits and either
owned, operated, maintained, or controlled by the city.
6. "Sewer" means only those conduits intended to carry sewage and wastewater
(commonly called sanitary sewers), and does not mean conduits used to carry
stormwater(commonly called storm sewers).
7. "Sewer or wastewater connection" means a privately owned and maintained
conduit that conveys wastewater from a single premises to a public sewer.
8. "Special benefit charge" means a charge applied to developing properties in
addition to the normal connection charges to finance wastewater master plan
projects relative to the construction of POTW where deficiencies are uniquely
confined to specific geographic areas.
9. "Trunk sewer" means a public sewer which transports sewage away from a
general area, neighborhood, or subdivision.
10. "User" means any person or persons, all entities public or private, residential,
industrial, commercial, governmental or institutional, who discharge or cause to
be discharged wastewater and waterborne wastes into the POTW of the city, or
who directly or indirectly cause impact or potential impact to the POTW of the
city.
11. "Wastewater" means the spent water from residences, commercial buildings,
industrial plants, institutions, and business offices, including liquid and
waterborne wastes, but excluding uncontaminated groundwater, surface water,
and stormwater.
12. Three-Family Dwelling (Triplex). A single building that contains three dwelling
units.
13. Four-Family Dwelling (Fourplex). A single building that contains four dwelling
units.
C. Fee Schedule. The wastewater system impact fee imposed pursuant to this section is
based on the findings and determinations of the appropriate fee study or studies and shall
be established by resolution of the city council. Properties within the Clover Creek Sewer
Assessment District shall receive a partial credit against the connection fee to reflect
those properties' previous contributions to the collection system. Exception: The fee per
household equivalent for properties in the Clover Creek Sewer Assessment District is
four thousand four hundred fifty dollars.
i. Assessment of Household Equivalents.
Water Meter Size/Classification Household Equivalent Ratio
5/8-inch 1.0
' -inch single-family residential 1.0
%-inch commercial/industrial/multi-family 1.5
1 inch 2.5
1.5 inch 5
2 inch 8
3 inch 16
4 inch 25
6 inch 50
8 inch 80
10 inch 145
12 inch 215
1. Exceptions to Household Equivalents.
i. (a) Mobile home park and overnight camper and trailer parks shall be
assessed at the rate of 0.74 household equivalent per pad.
(b) Recreational vehicle dump stations shall be assessed at the rate of
1.0 household equivalent per station.
(c) Duplex, Triplex, and Fourplex dwelling units shall be assessed at
the rate of 0.75 household equivalent per dwelling unit.
(d) Special circumstances when determined appropriate by the Public
Works Director or his or her designee.
ii. Wastewater system impact fees for dischargers without metered
connections to the city's water system shall be assessed a household
equivalent value as determined by one or more of the procedures
identified below, but no connection unit shall be assessed less than one
household equivalent:
(a) Similarity to like discharges served by the city's POTW.
(b) Field measurements of wastewater flow and wastewater
constituents and characteristics.
(c) Calculation of wastewater flow based on expected or actual water
consumption and taking into account water used in manufactured
products and for irrigation, cooling, and evaporation;
(d) Typical values reported in the literature when the procedures
identified above are inadequate to characterize the expected
discharge, such as by not limited to the Minimum Egress
Requirements table in the California Building Code edition
adopted by the city.
iii. Modifications or changes in use for connections with metered connections
to the city's water system: No additional wastewater impact fees will be
due unless modifications or changes in use result in an increase in water-
service connection meter size. If a modification or change in use will
result in a larger water connection meter size or change from residential to
commercial or industrial, the applicant shall pay the difference in
wastewater impact fees between the two meter sizes.
2. Special Benefit Charge. This charge will be collected from owners of new
development in localized areas that require wastewater facilities not considered a
part of the regional development of wastewater system facilities. Any such charge
as an additional development impact fee must comply with the provisions of the
State Mitigation Fee Act, beginning with Government Code Section 66000 and
must be adopted by ordinance pursuant to State Health and Safety Code Section
5471.
Section 5. Severability. If any section, subsection, sentence, clause or phrase of these
ordinances is for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining portions of the
ordinances. The City Council of the City of Redding hereby declares that it would have passed
this ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of
the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid
or unconstitutional.
Section 6. The passage of this ordinance is not a "project" according to the definition in the
California Environmental Quality Act, and therefore is not subject to the provisions requiring
environmental review.
Section 7. This ordinance shall take effect thirty (30) days after the date of its adoption, and the
City Clerk shall certify to the adoption thereof and cause publication according to law.
I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City
Council of the City of Redding at a regular meeting on the 5th day of December, 2017, and was
duly read and adopted at a regular meeting on the 19th day of December, 2017, by the following
vote:
AYES: COUNCIL MEMBERS: McElvain,Weaver, Winter, & Schreder
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Sullivan
ABSTAIN: COUNCIL MEMBERS: None
KRISTEN SC DER, Mayor
ATTEST: ORM APPROVED:
q014,,Pci U/cr'Li/ t
PAMELA MIZE, jty Clerk BA' 'Y E. 1 e ALT, City Attorney