HomeMy WebLinkAboutReso 2005-075 - Development Impact Fees
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RESOLUTION NO. 2005-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
ADOPTING ADMINISTRATIVE GUIDELINES FOR THE CALCULATION AND
DETERMINATION OF DEVELOPMENT IMPACT FEES PURSUANT TO
CHAPTER 16.20 OF THE REDDING MUNICIPAL CODE
WHEREAS, on February 20,2001, the City Council adopted Ordinance No. 2283, establishing a
revised program of development impact fees and enacting a new Chapter 16.20 and revisions to
Chapters 14.08, 14.16, 14.18, and 16.22 of the Redding Municipal Code; and
WHEREAS, Chapter 16.20 authorizes the City Council to adopt administrative guidelines for
implementation of the Development Impact Fee program; and
WHEREAS, in September 2001, the City Council of the City of Redding adopted Resolution
2001-140, which provided administrative guidelines implementing the provisions of Chapter 16.20;
and
WHEREAS, the City Council rescinded Resolution No. 2001-140 and adopted Resolution
2003-142 in September 2003, amending the provisions of the impact fee administrative guidelines;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Redding hereby
rescinds Resolution No. 2003-142, which provided impact fee administrative guidelines, and
approves and adopts Impact Fee Administrative Guidelines as follows:
AUTHORITY OF THIS RESOLUTION
If there is determined to be conflict between this resolution and Chapter 16.20 of the Redding
Municipal Code, the Redding Municipal Code shall prevail.
STAFF AUTHORITY
In this resolution, Director shall mean the Development Services Director.
DETERMINATION OF FEES
A. Mixed-Use Development. If a development includes more than one of the land use types
(Use) defined in Section 16.20.020 in separate buildings or separate lease spaces, the
development shall be considered a mixed-use development. Fees will be calculated for each
Use based on the fee schedule and the results aggregated. For mixed-use commercial and
residential projects, the City will waive processing fees for reviewing an independent fee
calculation study.
B. Mixed-Use Structure. In cases with multiple uses within the same tenant space, the impact
fee should be calculated based on the fee for the primary land use type. However, if an
accessory Use (as defined in Redding Municipal Code Section 18.61.020) occupies over
20 percent of the gross floor area of the structure, or 2,500 square feet, whichever is smaller,
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that Use is not considered an accessory Use, and the fee shall be assessed based on the
disaggregated square footage of the primary and accessory Use in the same manner as for a
mixed-use development.
C. Shell Permit. A shell permit is a building permit to construct a "shell" ofa building with plans
and permits to finish the interior of the building to be furnished at a later date. For shell
permits, the impact fee shall be paid at the time specified for each impact fee. The amount of
the fee shall be based on the intended Use as described by the developer. If the intended Use
is not known, the impact fees shall be assessed based on the lower-amount fee for each General
Plan land use category ("Commercial," "Industrial," "Residential," "Office"). When permits
are obtained to complete the interior of the shell, an analysis shall be made to determine if
additional fees shall be paid or refunds made based on the procedures for Change of Use.
D. Change of Use. In the case ofa change of Use, redevelopment, or modification of an existing
structure that requires the issuance of a building permit, the impact fee shall be based upon the
net increase of the fee for the new Use, if any, which shall be calculated by subtracting the
current fee for the previous use from the current fee for the new use. The impact fee shall be
paid prior to the issuance of a building permit for construction or remodeling. If the building
permit valuation for the change of Use does not exceed $5,000, there shall be no requirement
to pay an impact fee. Fees eligible for change of use credit include water, sewer, and traffic
impact fees.
The fee for each development impact shall be calculated separately. If a change ofU se results
in a lesser impact, no additional fee will be required. No credit can be transferred between
impact fee funds.
F or tenant improvements or remodel where the feepayer is requesting a waiver or reduction of
fee based on previously paid fees for a higher impact use at the address, the owner is required
to provide the City with a documented history of previous Use for a minimum of three years
prior to the date of permit application. With the exceptions noted below, on a property with
multiple tenant spaces, the City will consider only information for the address or suite the
Change of Use will occupy. If the Use is being transferred from another address or suite within
the same property, the City will review histories for both tenant spaces. Where sewer
improvements remain in place for high-impact sewer uses (example: hair salons, food
services, or laundromats), sewer fee waiver is not permissible, since the sewer improvements
remain in place.
E. Transfer oflmpact Fees to a Different Address. Except as provided for in paragraph F, all
impact fees collected are specific to a parcel and cannot be transferred to another parcel. If
building plans are moved to a different parcel, the fee calculations will be based upon the fee
in effect at the time the building permit is transferred to the new parcel. If impact fees have
already been paid, the feepayer may apply for a refund of fees paid on the Oliginal parcel as
provided for in Redding Municipal Code Section 16.20.070.
F. In- Fill Housing-Transfer of Credits. In the Specific Plan areas, Revitalization Plan areas,
or Redevelopment Plan areas identified below, the removal of existing substandard or
nonconforming housing units may be credited towards the fees due for construction of new
residential units at other locations within the plan area. To be eligible, the owner ofthe units
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to be demolished must submit a request for credit to the Redevelopment Agency prior to
demolition of the unit or, where a building has been already been demolished, prior to
submittal for a building permit. The Redevelopment Agency shall review the information with
the Director of Development Services for a determination of eligibility for credit and shall keep
records of housing-unit credits that have been approved, including keeping an accounting of
building permits that use those credits. The banking and transfer of fee credits by the
Redevelopment Agency, as authorized by this paragraph, shall be limited to three years.
· Downtown Specific Plan Area
· Parkview Neighborhood Revitalization Plan Area
· Martin Luther King Neighborhood Revitalization Plan Area
G. Group Residential. "Group Residential" is a land use type defined in Section 16.20.020, but
is not included in the adopted fee tables as a separate land use type because it is a unique use
that impacts facility needs differently. Impact fees shall be calculated for the individual fee
categories as follows:
· Fire - commercial land use type
· Transportation - .27 multiple-family dwelling unit per bed
· Water - meter size
· Park and Recreation -.27 multiple-family dwelling unit per bed
· Storm Drainage - commercial land use type
H. Traffic Impact Fee for Special Uses Not Defined in Section 16.20.020. Several uses
generate traffic impacts that cannot be measured based on building area and the impact
calculations in Chapter 16.20. For those uses that generate traffic impacts independent of
building size, the weekday PM peak-hour trip generation shall be determined by referencing
"Trip Generation" (latest edition) by the Institute of Transportation Engineers. It shall be the
sole discretion of the Director to determine if the proposed use generates traffic independent
of building size. Uses that are subject to this policy include, but are not limited to:
· Gas pump islands
· Car lots, new and used
· Cardlock fuel stations
· Drive-through kiosks
· Mining operations
· Asphalt and concrete batch plants
· Churches
· Personal storage projects
· Other uses as determined by the Director
I. Recreational Vehicle (RV) Parks and Mobile Home Parks. Since the installation of a
mobile home or RV on a new pad does not require a separate building permit, impact fees for
new RV and mobile home parks or expansion of existing RV or mobile home parks must be
paid with construction of the new pads. All impact fees applicable to new construction or
expansion ofRV and mobile home parks shall be paid at the time the water connection charge
is paid. For expansion of existing parks that do not require a new water connection, all
applicable impact fees shall be paid prior to issuance of a grading permit.
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J. Determining Household Equivalent Sewage Demand. Section 16.20.090(C) specifies that
sewer impacts shall be measured as household equivalents (HE). The table titled "HE Factors
for Computing Sewer Connection (Capacity) Fees," maintained by the Municipal Utilities
Department, shall provide the basis for calculating HE sewer demand.
K. Government and Public Uses. Government and public uses shall pay all impact fees not
otherwise exempted or superceded by State or Federal law prior to obtaining sewer and water
connections.
L. Adopted Fee Schedule fOil" "Low Generation," "Base Generation," and "High
Generation" Commercial and Special Uses.
1. Commercial traffic impact fees by use shall be as set forth in Exhibit "A" attached to this
resolution.
2. Placement of commercial uses within the Low, Base, or High Generation fee tier, as
established in RMC Section 16.20.040.C.3, shall be based on the weekday PM peak-
hour trip generation as determined by referencing "Trip Generation" (latest edition) of
the Institute of Transportation Engineers for the use, converted to Dwelling Unit
Equivalents (D.U.E.s) per 1,000 square feet of floor area. Category assignment shall be
as follows:
a.
b.
c.
Low Generation:
Base Generation:
High Generation:
1.125 D.U.E.s per 1,000 square feet of floor area.
2.25 D.U.E.s per 1000 square feet of floor area.
4.5 D.U.E.s per 1000 square feet of floor area.
3. In determining placement in a category, commercial uses generating traffic between the
Low and Base Generation rates shall be placed in the Base Generation tier. Uses
generating traffic between the Base and the High Generation tier shall be placed in the
Base Generation tier.
4. Approval of additions or revisions to Exhibit "A," including determinations on rates for
special uses not otherwise listed, shall be the responsibility of the Director, or designee,
and shall be determined based on an independent fee study pursuant to the provisions of
this resolution.
EXEMPTIONS, CREDITS, AND DEFERMENTS
A. Demolished or Destroyed Buildings. Section 16.20.120.C states that an exemption from
payment of impact fees shall exist for demolished or destroyed buildings for up to three years
after the date the building is demolished or destroyed. The exemption exists for three years
from the date of demolition or destruction or the effective date of the Impact Fee Ordinance,
whichever is later. To obtain this exemption, the feepayer must apply for the exemption prior
to the issuance of a building permit for a new building on the same site. The feepayer is
responsible to provide proof ofthe size and type of use that previously existed on the parcel
and when the demolition or destruction occurred. Suitable records would include building
permit records, Assessor's records, or utility bills combined with photographs. City staff will
search building demolition records for the three years preceding the permit application to assist
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in providing supporting documentation. The burden of proof remains with the feepayer to
document eligibility for the exemption.
B. Industrial Development Traffic Impact Fee (TIF) Waiver. Traffic impact fees for industrial
Uses as defined in SectionI6.20.020 may be waived pursuant to City Council Policy No. 804.
In order to determine eligibility, the applicant shall submit a completed Use description form
prior to any fee calculation. The Director shall review the Use description provided to
determine that the proposed Use fits in the categories defined in Section 16.20.020 and meets
the requirements and intent of Policy No. 804 and is therefore eligible for the TIF waiver.
C. Private Recreation Facilities. Policy R5C of the General Plan authorizes partial credit for
development of private recreation facilities. Residential projects which incorporate recreation
facilities may apply to the Community Services Department for a partial credit of the Park and
Recreation Facilities Fee. Guidelines for determining the amount of the credit shall be in
accordance with Section 17.42.070 of the Redding Municipal Code.
D. Deferred Fees. In the Specific Plan areas, Revitalization Plan areas, or Redevelopment Plan
areas identified below, new construction maybe eligible for deferral of portions of water and
sewer impact fees. To be eligible, the building permit applicant must request the deferral at
the time of building permit application. The applicant shall pay 25 percent of the required fees
at the time those fees are normally paid. The remaining 75 percent shall be paid over a
maximum of three years through equal payments on the monthly utility bill. The installments
shall include an interest charge on the unpaid balance equivalent to the City's annual funds
investment rate of return compounded monthly on the unpaid balance. The permittee and/or
property owner shall be required to acknowledge the payment as a personal debt in a legally
binding agreement in a form approved by the City Attorney, and said debt shall be secured by
a lien recorded on the property.
· Downtown Specific Plan Area
· Parkview Nieghborhood Revitalization Plan Area
· Martin Luther King Neighborhood revitalization Plan Area
E. In-Fill Housing-Extended Term Credits. Section 16.20.120.C states that an exemption
from payment of impact fees shall exist for demolished or destroyed buildings for up to three
years after the date the building is demolished or destroyed. In the Specific Plan areas,
Revitalization Plan areas, or Redevelopment Plan areas identified below, a credit may be
permitted from the date of demolition or destruction of the unit, or the effective date of the
Impact Fee Ordinance. To obtain this credit, the owner of the property where the unit existed
must submit a request for credit to the Redevelopment Agency prior to application for a
building permit. The feepayer is responsible to provide proof of the size and type of use that
previously existed on the parcel. Credits may only be provided to the exte~t the size ofthe unit
and type of utility connections can be established. Suitable records may include building
permit records, Assessor's records, and utility bills combined with photographs. City staff will
research building-demolition records for the period preceding the permit application to assist
in providing supporting documentation. The burden of proof remains with the property owner
to document eligibility for the credits.
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The Redevelopment Agency shall keep records of housing unit credits that have been approved
and keep an accounting of building permits that use the credits. The use of fee credits, as
authorized by this section, shall be limited to three years from the date the credit is established.
Eligibility for "Extend Term" fee credits program requires that all impact fees required for the
replacement unit being constructed on the property be paid at the time of issuance of a building
permit. A refund of the fees to the limit of the established credits will be made where the
property owner agrees to placement of an affordable housing covenant on the property, and/or
the property is sold to a buyer purchasing the home through the City's Down Payment
Assistance Program. The following areas are eligible for credits under the provisions
contained in this section.
· Downtown Specific Plan Area
· Parkview Neighborhood Revitalization Plan Area
· Martin Luther King Neighborhood Revitalization Plan Area
ApPEALS
A. Appeal to Director. For both new construction and change of Use, permit applicants who
wish to appeal determinations by Building and/or Utility staff shall state their objection in
writing and submit it to the Director. On the basis of the appellant's letter and any additional
information the Director may wish to obtain, the Director shall provide a written determination
to the appellant within 15 days of the receipt of the appeal.
B. Independent Fee Calculation Study. If, for any reason, the feepayer disagrees with the
determination of the Director and the methodology for establishing the fees for a project, the
feepayer has the option to prepare and submit to the Director, together with a processing fee,
an independent fee calculation study for the land development activity for which a building
permit is sought. The study may address one or several of the separate impact fee categories.
1. Preapplication Meeting. Before beginning an independent fee calculation study, the
feepayer or his representative shall attend a preapplication meeting with the Director and
appropriate staff.
2. Study Guidelines. The independent fee calculation study shall follow the methodologies
and formats which are agreed upon during the preapplication meeting. Methodology and
fee-per-unit calculations shall be based upon those used in the report titled,
Comprehensive Fee Impact Study For the City of Redding, May 19, 2000, unless an
alternative method is approved by the Director. For example, a traffic fee study must
determine trip ends generated by the project, and a sewer fee study must determine sewer
demand in household equivalents as defined in Section 14.16.020. The independent fee
study calculation shall be prepared and presented by professionals qualified in their
respective fields. Methodology shall be consistent with the best professional practice.
The study shall provide all necessary supporting documentation and information, but
only information relevant to the claim of the study.
3. Study SubmittaL The study shall be submitted to the Director together with a
processing fee for each impact fee studied. The processing fee shall be a deposit with the
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City of Redding based on an estimate of the staff time required to review and approve
the proposed study.
4. Sufficiency Determination. The Director and applicable staff from whichever Divisions
or Departments are associated with the impact fee shall review the independent fee
calculation study for sufficiency, methodology, technical accuracy, and findings. The
review for sufficiency should be completed within 45 days after submission.
5. Determination of Impact Fee. The final determination of the amountofthe impact fee
shall be made by the Director. The fee shall be calculated based on the per-unit charge
(e.g., vehicle trips; HE sewer demand) for that fee in effect at the time the independent
fee calculation study is submitted for review.
C. Appeal to the Planning Commission. If the appellant is dissatisfied with the decision of the
Director, either before or after preparing an Independent Fee Calculation Study, the appellant
may appeal the decision to the Planning Commission by filing a written request, together with
an appeal fee, with the Director withinlO days of the Director's decision. The amount of the
appeal fee shall be the same as the processing fee for a variance. Procedures for the appeal
shall be conducted in the same manner as specified for variances in Title 18 of the Redding
Municipal Code.
D. Commencing Construction Pending an Appeal. The Building Official must issue the
building permit if the impact fees, as calculated by the City, are paid. Any reduction of impact
fees resulting from an appeal shall be by refund. No interest will be paid on overpayment.
I hereby certify that the foregoing resolution was introduced and read at the regular meeting of the
City Council of the City of Redding on the 7th day of June 2005 and was duly adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Attest:
'-'
CONNIE STROHMA l'E
.tIty Clerk
Dickerson, Murray, Pohlmeyer, and Stegall
Mathena
None
None
Form Approved:
~~
RIC~ARD A. DUVERNAY ity Attorney
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EXHIBIT "N - Resolution for Administrativaild/ineS for Calulating Impact Fees e
COMMERCIAL, OFFICE, & INDUSTRIAL CATEGORIES
DWELLING UNIT EQUAVELENT LIST FOR TRAFFIC IMPACT FEES
EXHIBIT "A"
HIGH'GENERATION,C,OMMERCIAL;,-;:"{'j:, ~";' ",'.'~,~:~~~~.H' '.'~~' ,~'JiJ~\,;.::.:I~:~:~,(,<~<'1 :~:
. ~.;. .'. - .". " . '-'-,",-,1,.,'''" ".r ..:'. ;~:,~~'.;;..~,:,,:.J>, ~;!~".j':'~";.);~
4.5 D.U.I;.{P~r:,1 ,000 s~t':IY'\':""'"'~~'';j:.J:~ EXAMPLE'" ;;J,...., ,,:?
'-. . .'.....". '" .~~,.;\-.,o,^,. :','" \~
S,upermarkets (40,000 sq.ft or larger) Safeway
Discount clubs Costco
Discount Sucermarkets Winco
Electronics Sucerstore Best Buy
Free-Standina' Discount Superstore Wal-Mart
Banks without Drive-thru
Free-Standina Discount store
Convenience Markets without Gas
Home Imcrovement Sales & Service Home Base
GENERAbCOMMERCIA~ it:;~\~:~~~~t):~ ~~;i~~J:+$t?~i;'1~~~'~t';'f'
".' ""':;-'.' 5.,":, '";' ':,;:,-, '::.,,~_~_.-i,)_.a.'hT,\.~L':/~di.~~
2.25",P;U,:E~'per ,1:,OOQ ~.f,~<'t(,.c,:I..t' ,1 EXAMP(F;t~'~>;';l'r: ~~ ,,':
Vehicle Sales, Leasina, & Rental Crown Mtrs
Building Materials & Services Meek's
Health Clubs! Gvm
Home Improvement Sales & Service Ace Hardware
Restaurant - Full Service (All Meals) Denny's
Deli Subway
Hotels/Motels with Maior Dinina and Bars Holiday Inn
Market (Local)
Personal Improvement Services (Chain) Super Cuts
BarsINiaht ClubslLounaes Rusty Nail
Business Services Kinko's
Commercial Recreation Water Slide
Pharmacies Owen's
Maintenance & Repair Services Quick Lube
Recreational Vehicle Parks KOA
Vehicle Recair Auto Repair
Transportation Passenaer Facility Bus! Airport
Eating & Drinking Establishments
Commercial Entertainment Cascade Theater
L;0.W.qI;NI;RATI()N';C;:QMME~CII:\~;'."";') ';: ~~~'~L~;;t::i):,;';{.. .
. . . ..'.;'.....,.,-....., <.' ._-',..~..'.. ,_,...~~-:- :.:J."'.~"'.
1 , 12t)..D.~W.,E. Per'.1 ,000: s.f,;"'," ,,' ':.;~'i;~ :;:
Funeral Parlors & Mortuaries Allen & Dahl's
Heaw Eauicment Sales & Service Caterpillar
Hotels without Dining or Bar Holiday Inn Express
Market (Local) Parkview M kt
Motels without dining or Bar Motel 6
Religious Facility Church
Restaurant - Limited Use Nanette's
Veterinary Services (Small Animals) Ashers Vets
Bed & Breakfast Establishments
Personal Improvement Services (Local) Salon
Animal Sales & Service Petco
Recycling Station
Vehicle Storage (Auto Sales)
Food & Beverage Sales
Cultural institution Museum! Art Center
Food Precaration
Park & Recreation Facility
SP~C;:IAt,JJ~E,~ \";,. t'.;.:: ,:~.;::>"; '(., ",; ,
RJ:q4IRING;lM.eACr.ANAlY:SIS':)~;; ::"
I):O:E~~,VAk';;:,:;t.t;}:;);':~i'i>:':,~'{t:]i :!~;}V .
Banks & Savin s & Loans with Drive- Thru
Convenience Markets with Gas
Coffee Kiosks wI Drive throu h
Fast Food Restaurants with Drive- Thru
Residential Care, General
Fast Food Restaurants without Drive-Thru
Savin s & Loans
Hospital
Car Wash
Transitional Housing Facility
Mini-Stora e
, .... 'T";:,.,'". "
;{<~,:";;\:~'!?itl:'
EXAMPl.E:j:'
Moose
Fire Hall
NVC.S..S
X-Rays
EXAMPLE
C:/ Trip Generation Lists and Comparisons / TIF GENERATION LIST 04_2005.xls