HomeMy WebLinkAboutOrdinance 2600 - Impact Fees ORDINANCE NO. 2600
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 16.20.210 (PARK AND RECREATION FACILITIES IMPACT
FEES), RELATING TO THE IMPACT FEES OF DEVELOPMENT ON
PARK AND RECREATION FACILITIES, AND TITLE 17
(SUBDIVISIONS), CHAPTER 17.54 (PARK AND RECREATIONAL
LAND DEDICATIONS AND IN-LIEU FEES) BY AMENDING SECTION
17.54.040 (AMOUNT OF PARKLAND TO BE DEDICATED), BY
AMENDING SECTION 17.54.070 (FORMULA FOR FEES IN LIEU OF
LAND DEDICATION), AND BY REPEALING 17.54.080 (CREDITS), ALL
RELATING TO THE PARKLAND DEDICATION AND IN-LIEU FEE
PROGRAM
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 Park and Recreation Facilities Development Impact Mitigation Fee Nexus
Study dated March 5, 2019; and
WHEREAS, the Park and Recreation Facilities Development Impact Mitigation Fee Nexus
Study dated March 5, 2019, contains an update of the City of Redding's impact fee programs for
Park and Recreation Facilities; and
WHEREAS, the City of Redding desires to consider the Development Impact Mitigation Fee
Nexus Study and update the impact fee program accordingly for Park and Recreation Facilities;
and
WHEREAS, the Park and Recreation Facilities Development Impact Mitigation Fee Nexus
Study dated March 5, 2019, provides the information necessary to adopt required findings in
compliance with the State of California's Mitigation Fee Act (Government Code 66000 et seq.)
to update the impact fee programs under consideration; and
WHEREAS, the City of Redding is given the authority pursuant to the California Quimby Act,
Subdivision Map Act (S MA) Section 66477, to provide by local ordinance for the dedication of
land, the payment of fees in lieu thereof, or a combination of both, for park and recreational
purposes as a condition of approval for a final map or parcel map; and
WHEREAS, the amount and location of land to be dedicated or the fees to be paid must, in the
opinion of the City Council, bear a reasonable relationship to the park and recreational needs of
the future inhabitants of the subdivision;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
REDDING AS FOLLOWS:
Section 1. Title 17 (Buildings and Construction), Chapter 16.20 (Development Impact Fees),
Section 16.20.210 (Park and Recreation Facilities Impact Fees) is hereby amended to read as
follows:
16.20.210—Park and Recreation Facilities Impact Fee.
A. Purpose. The purpose of the parks and recreation facilities impact fee is to provide for
the planning, acquisition, improvement, expansion, and financing of public parks,
playground, and recreational facilities. Increases in development and population result in
an increased need for park and recreation facilities. If this need were not met, the well-
being of City residents could be adversely affected. In order to address this potential and
to meet City recreation standards, it is appropriate that new development pay for
additional park and recreation facilities attributable to the impact of such development.
B. Fee Schedule. A fee for each building permit shall be paid to the City as required by this
section, except for permits issued covering work performed on buildings or structures
owned by any city, county, state, or federal agency or any public agency or district. Fees
imposed pursuant to this section shall be based on the findings and determinations of an
impact fee nexus study and shall be established by resolution of the City Council.
C. Use of Fees. Said fees may be used at the discretion of the City Council for the
acquisition, construction, and equipping of neighborhood parks, school/park
combinations, community parks, regional parks and trails located within the City and
further, within an area two (2) air miles outside the City, subject to making the State
Mitigation Fee Act findings to support such extraterritorial expenditures.
D. Increase of Residential Density. In those cases where between the time of the approval of
the final map of the subdivision and the time of application for a building permit on a
parcel or parcels of land within that subdivision, a request for increased residential
density has been filed and approved, in addition to the fees provided for in this section,
the property owner shall pay to the City an additional fee in an amount equal to the
difference between the fees paid pursuant to RMC Chapter 17.42 at the time of approval
of the final map for the subdivision and the fees that would have been charged under such
chapter if the density was at that time the same as it is at the time of the building permit
application.
E. Credit. The City may grant credit to a developer who provides park and recreational
improvements to dedicated land or existing City parks. Fee credits are to be requested at
the time of application for development. This is the only time in the development
approval process when fee credits can be requested by the developer. The City staff may
initiate fee credit agreements prior to Planning Commission approval. The requests for
fee credit shall be reviewed first by the Community Services Advisory Commission,
which will make its recommendation to the Planning Commission. Should the
Community Services Advisory Commission recommend a fee credit for park
improvements, the scope and terms of the credit will be incorporated into a fee credit
agreement included with the tentative map conditions forwarded to the Planning
Commission. At the time of approval of development, the Planning Commission shall
consider whether a fee credit agreement, park development fees, or a combination of
improvements and fees shall be required of the developer.
Section 2. Title 17 (Subdivisions), Chapter 17.54 (Park and Recreational Land Dedications and
In-Lieu Fees), Section 17.54.040 (Amount of Parkland to be Dedicated) is hereby amended to
read as follows:
17.54.040 -Amount of parkland to be dedicated.
A. It is found and determined that the public interest, convenience, health, welfare, and
safety require that five (5) acres of property for each one thousand (1,000) persons
residing within the City be devoted to neighborhood and community-park recreational
purposes. Where the dedication of land is required by the final approval authority as a
condition of a final map, the amount of such land will be based on the following:
Housing Type Park Area per Unit Park Area per Unit
Single-family (including mobile home) 510 square feet
Multiple-family 510 square feet
The above reflects the amount of land required to be dedicated to achieve five (5) acres of
parkland per one thousand (1,000) population based on a density factor of 2.34 persons
per dwelling pursuant to SMA Section 66477, or as that section may be amended from
time to time, and based on population-per-dwelling-unit estimates supplied by the year
2010 U.S. Census.
B. For the purposes of this section, the number of new dwelling units in areas designated for
one (1) dwelling unit per parcel shall be based on the number of parcels indicated on the
final map. When all or part of the subdivision is located in an area classified for more
than one (1) dwelling unit per parcel, the number of new dwelling units shall be based on
the density permitted by the zoning classification of the subject property or any specific
dwelling unit numbers entitled by the project.
C. Should a rezoning or general plan amendment application accompany the tentative map,
density shall be calculated according to the density of the designation requested.
However, if it appears that the actual number of dwelling units that will be built is
reasonably certain for the foreseeable future and is less than the highest density permitted
in the applicable zone, then the calculations shall be based upon such actual density. In
the event that the calculation is based upon actual density, a note shall be placed upon the
final map or parcel map that prior to the issuance of a building permit for all or any part
of the subject property at a higher density than was used for the calculations made
pursuant to this chapter, the building-permit applicant shall pay the difference between
the fee paid pursuant to this chapter and the fee which would have been required had the
calculations been based upon the density proposed in the building-permit application.
D. In the case of a condominium project or planned development, the number of new
dwelling units shall be the number of condominium units or planned-development units.
E. The term "new dwelling unit" does not include dwelling units lawfully in place prior to
the date on which the parcel or final map is filed.
Section 3. Title 17 (Subdivisions), Chapter 17.54 (Park and Recreational Land Dedications and
In-Lieu Fees), Section 17.54.070 (Formula for fees in lieu of land dedication) is hereby amended
to read as follows:
17.54.070 - Formula for fees in lieu of land dedication.
A. General Requirements. Where the final approval authority has required the payment of
fees in lieu of land dedication or the proposed subdivision of land contains fifty (50)
parcels or less, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value
of that land which would otherwise be required to be dedicated, plus twenty percent
(20%) for off-site improvements, such as utility-line extensions, streetlights, curb, gutter,
and pavement. However, nothing in this section shall prohibit the dedication and
acceptance of land for park and recreation purposes in subdivisions of fifty (50) parcels
or less where the subdivider proposes such dedication voluntarily and the land is
acceptable to the City.
In subdivisions of more than fifty (50) parcels, the subdivider shall:
1. Dedicate land in accordance with this chapter and the park needs identified in the
General Plan and the Parks, Trails, and Open Space Master Plan.
2. Dedicate land and pay in-lieu fees when the actual area needed by the City onsite
for a proposed park or recreation site is less than the area required by this chapter
for dedication. When this occurs, the needed land shall be dedicated for park and
recreation purpose, and a fee computed pursuant to the provisions of this section
shall be paid in an amount equal to the value of the remaining land that would
otherwise have been required to be dedicated.
B. Calculation of In-Lieu Fees. The amount of in-lieu fees shall be based upon the fair
market value of the amount of land which would otherwise be required for dedication.
The fair market value shall be regularly updated by resolution adopted by the City
Council. The amount to be paid shall be calculated pursuant to the following formula:
AxV = M
Where A = The amount of land required for dedication as determined in Section
7.54.040.
Where V = The fair market value (per acre) of the property to be subdivided as
established by resolution of the City Council.
Where M = The number of dollars to be paid in lieu of dedication of land, to
which shall be added twenty percent (20%) for off-site improvements.
C. Use of Money. The money collected pursuant to this section shall be used only for the
purpose of acquiring necessary land and developing new, or rehabilitating existing, park
or recreational facilities in the general geographic area of the subject subdivision, based
on the park-planning quadrants established in the Parks, Trails, and Open Space Master
Plan, which are Northwest,Northeast, Southwest, and Southeast.
D. Reservation. If the amount of land required to be dedicated is less than the area of the
park or recreation facility deemed necessary onsite by the City, the approval authority
may require that the subdivider set aside the remainder of said park area pursuant to
reservation provisions of Section 17.50.060.
Section 4. Title 17 (Subdivisions), Chapter 17.54 (Park and Recreational Land Dedications and
In-Lieu Fees), Section 17.54.080 (Credits) is hereby repealed.
Section 5. Severability. If any section, subsection, sentence, clause or phrase of this ordinance
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 ordinance. 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 March, 2019, and was duly
read and adopted at a regular meeting on the 19th day of March, 2019, by the following vote:
AYES: COUNCIL MEMBERS: Dacquisto,McElfain, Resner, Schreder,& Winter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
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JULIE INTER, Mayor
ATTEST: FORM APPROVED:
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�. -.PAMELA MIZE, City Clerk BA Y E. De` A T, City ttorney