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HomeMy WebLinkAboutOrdinance - 2384 - Amend Title 16 e e ORDINANCE NO. 2384 AN ORDINANCE AMENDING TITLE 16 (BUILDINGS AND CONSTRUCTION) CHAPTER 16.20 (DEVELOPMENT IMPACT FEES) OF THE CITY OF REDDING MUNICIPAL CODE ADDING SECTION 16.20.071 REGARDING THE ADOPTION OF A CHURN CREEK ROAD TRAFFIC IMPACT FEE ZONE 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 "Comprehensive Impact Fee Study for the City of Redding dated May 19, 2000, and the final Environmental Impact Report for the City of Redding General Plan; and WHEREAS, the development of the parcels in the Chum Creek Road Traffic Impact Fee Zone will increase vehicle trips to the adjacent portions of Chum Creek Road and necessitate the widening and realignment of the road segment between South Bonnyview Road and Denton Way to accommodate the increased trip demand; and WHEREAS, it is the intention of the City of Redding to reimburse the Redding Redevelopment Agency a portion ofthe funds advanced to finance the widening and realignment of Chum Creek Road and that this amount shall be correspondent to the portion ofthe need for the project that will be generated by the development of the parcels in the Chum Creek Road Traffic Impact Fee Zone; and WHEREAS, MuniFinancial has prepared the Chum Creek Road Traffic Impact Fee Zone Study, dated May 5, 2006 ("the Report"), which is incorporated herein by reference, to provide the legal and policy justification for a traffic impact fee in the Chum Creek Road Traffic Impact Fee Zone to fund a portion of the costs associated with widening and realigning Chum Creek Road in the zone; and WHEREAS, the Report provides the justification to allocate a portion of the project costs to the parcels within the zone based on their share oflinear feet of street frontage along Chum Creek Road within the Traffic Impact Fee Zone; and WHEREAS, the Construction Cost Index published by the Engineering New Record is deemed a reputable and reliable source of information on the inflation of construction costs and may be used periodically as a basis for fee inflation through separate City Council action, NOW, THEREFORE, IN ORDER TO CREATE THE CHURN CREEK TRAFFIC IMPACT FEE ZONE AND ESTABLISH IMPACT FEES TO BE IMPOSED WITHIN THAT ZONE, THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: (1 UJ ~ -.c e e Section 1. Title 16, Chapter 6.20 is hereby amended to add Section 6.20.071 to read as follows: 6.20.071 Churn Creek Road Traffic Impact Fee Zone A. Purpose. The purpose of this fee is to provide for the costs of street widening and a partial street realignment within the Chum Creek Road Traffic Impact Fee Zone 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 district's surface transportation system associated with the Chum Creek Road Traffic Impact Fee Zone. Without funding identified capital improvements, there will be an unacceptable level of traffic congestion, delays, accidents, and generally reduced public safety. 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 Chum Creek Road Traffic Impact Fee Zone, containing 12 parcels that abut Chum Creek Road between South Bonnyview Road and Denton Way, as identified in Exhibit A and illustrated in Exhibit B. The authority of the City Council to adopt a special benefit zone and impose development impact fees is derived from the State Mitigation Fee Act, beginning with Government Code Section 66000 and described in Chapter 16.20.180, Section C, of the City of Redding Municipal Code (Ord. 2283 ~ 2 (part), 2001). C. Fee Schedule. The fee imposed pursuant to this section shall be based on the following fee schedule and shall be paid to the City prior to the issuance of a building permit for a new building or representing a 50 percent or greater building size increase of an existing building or a permit for mobile home installation: Assessor Roadway Parcel No. Construction Total Fee 68-34-009 $ 759,189 $ 408,400 $ 1,167,589 68-34-003 824,757 391,100 1,215,857 68-34-001 6,348 1,500 7,848 68-31-037 134,219 31,900 166,119 68-31-054 48,139 14,400 62,539 68-31-056 59,640 17,100 76,740 68-30-005 49,324 17,1 00 66,424 68-30-017 20,749 8,400 29,149 68-30-019 29,049 7,700 36,749 68-30-021 100,901 34,700 135,601 68-27 -037 168,129 45,400 213,529 68-27 -036 9,248 3.900 13.148 Total $ 2,209,693 $ 981,600 $ 3,191,293 2 e e The City may adjust the fee annually for inflation in the cost of projects to be funded by the fee. A construction cost index will be based on a reputable and easily identifiable source, such as the Engineering News Record. However, if any advancement of in-lieu fees is made to the City by Vitalis Partners L.L.C. for benefitting property owners north of Arizona Street pursuant to the terms of a certain Owner Participation Agreement approved by the Redding City Council on February 20, 2007, the construction cost index inflation adjustment shall be capped as of the earliest date of: 1) when the in-lieu payment is made for those benefitting property owners by Vitalis Partners L.L.c.; or 2) when the benefitting property owner pays the fee, whichever occurs first. The City may also account for its administrative costs related to the implementation of these fees. The City may adjust the fee amounts so as to recoup these administrative costs, but may not charge for any more than the actual costs incurred. Section 2. It is hereby found and determined that the Chum Creek Road Traffic Impact Fee Zone Study, dated May 5,2006 ("the Report"), meets the following requirements: (1) Identifies the purpose of the fee; (2) Identifies the use to which the fee is to be put; (3) Determines how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed; (4) Determines how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed, and determines how there is a reasonable relationship between the amount ofthe fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed. Section 3. 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 4. This ordinance shall take effect 60 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 the foregoing ordinance was introduced and read by the City Council at a regular meeting on the 6th day of March, 2007; and was duly read and adopted at a regular meeting on the 20th day of March, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNca MEMBERS: COUNCa MEMBERS: COUNCa MEMBERS: COUNCa MEMBERS: Jones, Murray, Stegall, and Dickerson None Bosetti None (Yd~ DICK DICKERSON, Mayor Attest: Form Approved: ,'-> '". _/"' -' ." J~ 3 Exhibit A: List of Parcels Contained in the Churn Creek Road Impact Fee Zone Parcels in the Churn Creek Road Impact Fee Zone Assessor Parcel No. Address 68-34-009 68-34-003 68-34-001 68-31-037 68-31-054 68-31-056 68-30-005 68-30-017 68-30-019 68-30-021 68-27-037 68-27-036 4531 Hillmonte Dr 4601 Churn Creek Rd 4505 Hillmonte Dr 4551 Churn Creek Rd 4440 Wyatt Lane 4421 Churn Creek Rd 4363 Churn Creek Rd 4345 Churn Creek Rd 4323 Churn Creek Rd 4315 Churn Creek Rd 4285 Churn Creek Rd 1025 Denton Way w Z 0 N W W LL I- 0 <( 0... :2 0 LL LL <( a:: I- 0 <( 0 a:: ~ w w a:: 0 z a:: ~ I 0 m I- m I x W . . .1: l ._ \ i I i i- 'I L_.._. ' It!", f^,MNOiN30 \: --: '\..--, \ I I III I . . ... <;s I \' \ ~~ l. . '. \ ~ to , . \. 00 , .', \"' ') vr-~-"-"-lr' \,11 ~ ./ "", \'1\....././66-30-019 J . ''''1 ,.-..-..-. \.\. _.._..- I \, li.._.._ 6&-30-011 I ~ ,\ \ "-"-"-i :i ,\ \ 68-3()'005 J '1 \"f,:,,'r;-'-' ~ ~~--: : \' 1,1' -..-....; l8 ,'\\ : \ '\:.L., .._..-J 0\, ~.= ._~~ lS \fNOZI~\f "',,' I ... 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