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HomeMy WebLinkAboutOrdinance - 2328 - Amend Title 16.0 . . ORDINANCE NO. 2328 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING AMENDING REDDING MUNICIPAL CODE SECTION 16.20.040 (CITYWIDE TRANSPORT A TION DEVELOPMENT IMPACT FEE). THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. Redding Municipal Code Section 16.20.040 (Citywide Transportation Development Impact Fees) is amended to read asfollows: 16.20.040 Citywide transportation development impact fee. 1. A. Purpose. The purpose of this fee is to provide for costs of street widening and reconstruction, traffic signals, transit facilities, bike paths, bridge widenings 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 following fee schedule is based on an analysis of proportional impact of the various types of new building construction on the city's transportation system as outlined in the Comprehensive Impact Fee Study dated May 19,2000, as amended on January 22,2004. The fee imposed pursuant to this section shall be based on the fee schedule in effect on the date of the feepayer's application for the appropriate building permit and shall be paid to the city prior to the issuance of a building permit or a permit for mobile home installation, as follows: 1. Single Family. a. Effective 7/1/04: The base fee shall be $4,225. The fee collected shall be 67.5% of the base fee. b. Effective 7/1/05: The base fee in effect 7/1/04 shall be increased by the Construction Cost Index as published in the most-recent May Engineering News Record. The fee collected shall be 83.75% of the base fee. c. Effective 7/1/06: The base fee in effect 7/1/05 shall be increased by the Construction Cost ~ OJ 9-> ~ . . ' . . Index as published in the most-recent May Engineering News Record. The fee collected shall be 100% of the base fee. d. Effective 7/1/07 and on each July 1 thereafter the fee shall be increased by the Construction Cost Index as published in the most-recent May Engineering News Record. 2. Multiple Family--base fee is per dwelling unit. a. Effective 7/1/04: The base fee shall be $ 2,873. The fee collected shall be 67.5% of the base fee. b. Effective 7/1/05: The base fee in effect 7/1/04 shall be increased by the Construction Cost Index as published in the most-recent May Engineering News Record. The fee collected shall be 83.75% of the base fee. c. Effective 7/1/06: The base fee in effect 7/1/05 shall be increased by the Construction C.ost Index as published in the most-recent May Engineering News Record. The fee collected shall be 100% of the base fee. d. Effective 7/1/07 and on each July 1 thereafter the fee shall be increased by the Construc:tion Cost Index as published in the most-recent May Engineering News Record. 3. Commercial--base fee is per 1,000 square feet. The base fee applies to General Commerdal only. For High-Generation Commercial, the base fee is doubled; for Low-Generation Commercial the base is halved. a. Effective 7/1/04: The base fee shall be $10,185. The fee collected shall be 47.5% of the base fee. b. Effective 7/1/05: The base fee in effect 7/1/04 shall be increased by the Construction Cost Index as published in the most-recent May Engineering News Record. The fee collected shall be 60.625% of the base fee. c. Effective 7/1/06: The base fee in effect 7/1/05 shall be increased by the Construction Cost Index as published in the most-recent May Engineering News Record. The fee collected shall be 73.75% of the base fee. d. Effective 7/1/07: The base fee in effect 7/1/06 shall be increased by the Construction Cost Index as published in the most-recent May Engineering News Record. The fee collected shall be 86.875% of the base fee. e. Effective 7/1/08: The base fee in effect 7/1/07 shall be increased by the Construction Cost Index as published in the most-recent May Engineering News Record. The fee collected shall be 100% of the base fee. f. Effective 7/1/09 and each July 1 thereafter the fee shall be increased by the Construction Cost Index as pu~lished in the most-recent May Engineering News Record. 4. Office/General--base fee is per 1,000 square feet. . ~ I . . a. Effective 7/1/04: The base fee shall be $ 7,921. The fee collected shall be 58.5% ofthe base fee. b. Effective 7/1/05: The base fee in effect 7/1/04 shall be increased by the Construction Cost Index as published in the most-recent May Engineering News Record. The fee collected shall be 68.875% of the base fee. c. Effective 7/1/06: The base fee in effect 7/1/05 shall be increased by the Construction Cost Index as published in the most-recent May Engineering News Record. The fee collected shall be 79.25 % of the base fee. d. Effective 7/1/07: The base fee in effect 7/1/06 shall be increased by the Construction Cost Index as published in the most-recent May Engineering News Record. The fee collected shall be 89.625% of the base fee. e. Effective 7/1 /08: The base fee in effect 7/1/07 shall be increased by the Construction Cost Index as published in the most-recent May Engineering News Record. The fee collected shall be 100% of the base fee. f. Effective 7/1/09 and on each July 1 thereafter the fee shall be increased by the Construction Cost Index as published in the most-recent May Engineering News Record. 5. Industrial--base fee is per 1,000 square feet. a. Effective 7/1/04: The base fee shall be $ 4,074. The fee collected shall be 58.5% of the base fee. b. Effective 7/1/05: The base fee in effect shall be increased by the Construction Cost Index as published in the most-recent May Engineering News Record. The fee collected shall be 68.875% of the base fee. c. Effective 7/1/06: The base fee in effect 7/1/05 shall be increased by the Construction Cost Index as published in the most-recent May Engineering News Record. The fee collected shall be 79.25% of the base fee. d. Effective 7/1/07: The base fee in effect 7/1/06 shall be increased by the Construction Cost Index as published in the most-recent May Engineering News Record. The fee collected shall be 89.625% of the base fee. e. Effective 7/1/08: The base fee in effect 7/1/07 shall be increased by the Construction Cost Index as published in the most-recent May Engineering News Record. The fee collected shall be 100% of the base fee. f. Effective 7/1/09 and on each July 1 thereafter the fee shall be increased by the Construction Cost Index as published in the most-recent May Engineering News Record. D. Exemptions and credits. 1. Exemptions. Any claim of exemption must be made no later than the time of application for a building permit or permit for mobile home installation. Any claim not so made shall be deemed , .1. . . 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 or 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; c. The replacement of a demolished, destroyed or partially destroyed building or structure with a new buildi~g or structure of the same size and use; provided that no additional trips will be produced over and above those produced by the original use of the land; d. The installation of a replacement mobile home on a lot or other such site when an impact fee for such mobile home site has previously been paid pursuant to this chapter, or where a mobile- home legally existed on such site on or prior to July 5, 1990; e. Surplus property sold by the Redding Redevelopment Agency, which is a remainder ofland acquired for public improvements, or for mitigation of an environmental impact. 2. Credits. a. Credit shall not be given for site-related improvements, right-of-way dedication or providing paved access to the property. b. All mandatory or required right-of-way dedications and/or roadway improvements made by a feepayer subsequent to July 5, 1990, except for site-related improvements, shall be credited on a pro-rata basis against impact fees required by this chapter. Such credits shall be determined and provided as set forth in subsection D(2c) of this section. c. A feepayer may obtain credit against all or a portion of impact fees otherwise due or to become due by offering to dedicate nonsite-related right-of-way and/or to construct nonsite-relatedl roadway improvements, which are put in the Traffic Impact Fee (TIF) program. This offer must specifically request or provide for an impact fee credit. Such construction must be in accordance with city or state design standards, whichever are applicable. If the director accepts such an offer, whether the acceptance is before or after the effective date of the ordinance establishing this chapter, the credit shall be determined and provided in the following manner: i. Credit for the dedication of non site-related right-of-way shall be valued at (a) one hundred fifteen percent of the most-recent assessment value by the Shasta County Assessor; or (b) by such other appropriate method as the city may have accepted prior to July 5, 1990, for particular right- of-way dedications and/or roadway improvements; or (c) at the option of the feepayer, by fair market value established by private M.A.!. appraisers acceptable to the city. Credit for th(:: dedication of right-of-way should be provided when the property has been conveyed at no charge to, and accepted by, the city. ii. Applicants for credit for construction of nonsite-related road improvements shall submit acceptable engineering drawings, specifications and construction cost estimates to the director. The director shall determine credit for roadway construction based upon either these cost . '1 .' ." ). . . estimates or upon alternative engineering criteria and construction cost estimates if the director determines that such estimates submitted by the applicant are either unreliable or inaccurate. The director shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and dattl a duplicate copy of such letter or certificate indicating his agreement to the terms of the letter or I certificate and return such signed document to the director before credit will be given. The failure of the applicant to sign, date, and return such document within sixty calendar days shall nullify the credit. iii. Except as provided in subsection D(2c4) of this section, credit against impact fees otherwise due will not be provided until: (a) The construction is completed and accepted by the city or state, whichever is applicable; (b) A suitable maintenance and warranty bond is received and approved by the city when applicable; (c) All design, construction, inspection, testing, bonding, and acceptance procedures are in strict compliance with the then-current city public works improvement standards when applicable. iv. Credit may be provided before completion of specified roadway improvements if adequate assurances are given by the applicant that the standards set out in subsection D(2c3) of this section will be met and if the feepayer posts security as provided below for the costs of such construction. Security in the form of a performance bond, irrevocable letter of credit or escrow agreement shall be posted with and approved by the city attorney in an amount determined by the director. If the road construction project will not be constructed within one year ofthe acceptance ofthe offer by the director, the amount of the security shall be increased by 10% compounded for each year of the life of the security. The secUlity shall be reviewed and approved by the city attorney prior to acceptance of the security by the director. If the road construction project is not to be completed within two years of the date of the feepayer's offer, the city council must approve the road construction project and its scheduled completion date prior to the acceptance of the offer by the director. d. Any claim for credit must be made no later than the time of application for a building permit or permit for mobile home installation. The date in support of the claim for credit must be submitted to the director prior to issuance of the occupancy permit, or the claim shall be deemed invalid. Any claim not so made shall be deemed waived. e. Credits shall not be transferable from one project or development to another without the approval of the city council, and may only be transferred to a development in a different impact fee zone upon a finding by the city council that the dedication of right-of-way or road construction for which the credit was given benefits such different impact fee zone. f. Determinations made by the director pursuant to the credit provisions of this section may be appealed to the Planning Commission by filing a written request with the director togetht::r with a fee established by resolution of the city council, within ten calendar days of the director's determination. '.' J,' ~ . . E. Special benefit zone. In the event a special benefit zone is adopted by the city council by resolution pursuant to Section 16.20.180(C), credits may be allowed pursuant to the terms of the resolution. All special benefit zones in existence on the effective date of the ordinance establishing this chapter are hereby abolished, unless specifically continued by resolution or ordinance of the city council. All funds collected and held in an account or fund for an abolished special benefit zone 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 that refunds shall be made of all funds collected in any special benefit zone which is to be dissolved as provided for in the Comprehensive Impact Fee Study for the city of Redding dated May 19,2000. (Ord. 2283 92 (part), 2001) Section 2. The passage of this ordinance is not a "project" according to the definition in the California Environmental Quality Act (CaL Pub. Res. Code ~~ 21000 et. Seq.), and is not subject to the provisions requiring environmental review. Section 3. This ordinance shall take effect 30 days after the date of its adoption, and the City Clerk shall certify to the adoption thereof and cause its publication according to law. I HEREBY CERTIFY that this ordinance was introduced and read at a regular meeting of the City Council on the 4th day of May, 2004; and was read and adopted at a regular meeting of the City Council on the 18th day of May, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS Attest: C>(~~ Connie Strohmayer, City Clerk-r- Mathena, Stegall and Pohlmeyer Cibula Kight None I MIC~L J~OHLME Mayor Form Approved: ~ " (, ;::::L~ Brad L. Fuller, City Attorney