HomeMy WebLinkAboutReso 2007-184 - Development Impact Fees
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RESOLUTION NO. 2007 - 184
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
RESCINDING RESOLUTION NO. 2004-101 AND ADOPTING AMENDED
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;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Redding hereby
adopts a Resolution rescinding Resolution No. 2004-101 and adopting amended Administrative
Guidelines for the calculation and determination of Development Impact Fees 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 ofthe gross floor area of the structure or 2,500 square feet, whichever is smaller,
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.
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C. Shell Permit. A shelJ permit is a building permit to construct a "shelJ" of a 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 shalJ 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 shelJ, an analysis shalJ be made to
determine if additional fees shalJ be paid or refunds made, based on the procedures for
Change of Use.
D. Change of Use. In the case of a change of Use, redevelopment, or modification of an
existing structure which requires the issuance of a building permit, the impact fee shalJ be
based upon the net increase of the fee for the new Use, if any, which shalJ be calculated by
subtracting the current fee for the previous use from the current fee for the new use. The
impact fee shalJ 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 shalJ 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 shalJ be calculated separately. If a change of Use
results in a lesser impact, no additional fee will be required. No credit can be transferred
between impact fee funds.
For 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 wilJ 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 of Impact Fees to a Different Address. Except as provided for in paragraph F
and L below, alJ impact fees colJected are specific to a parcel and cannot be transferred to
another parcel. Ifbuilding 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.
Ifimpact fees have already been paid, the feepayer may apply for a refund offees paid on the
original 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
to be demolished must submit a request for credit to the Redevelopment Agency prior to
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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.
I. Downtown Specific Plan Area
2. Parkview Nieghborhood Revitalization Plan Area
3. 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 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 inI6.20.020. 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. lt shall be the sole
discretion ofthe Director to determine ifthe 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
L 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 R V and mobile home parks or expansion of existing R V 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 16.20.090C(1) 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. The transfer of traffic impact fee (TlF) credits from one property to another property within
the corporate limits of Redding may be permitted in the following circumstances, subject to
the approval of the City Council and compliance with all other relevant provisions of these
Guidelines:
I. The business or facility from which the credits are transferred is destroyed by a
catastrophic event, such as a fire, earthquake, flood, or other disaster, and the facility
to which the credits are transferred will replace the destroyed or damaged facility.
2. The transfer ofTlF credits will support the achievement of community and economic
development goals of the City of Redding as set forth in the 2000-2020 Redding
General Plan.
Upon completion ofthe transfer, future development on the property from which the credits
are transferred will be subject to the traffic impact fee credit in effect at the time a building
permit is issued for development on the property.
EXEMPTIONS, CREDITS, AND DEFERMENTS
A. Demolished or Destroyed Buildings. Section 16.20.120C 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 of the 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 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
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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 ofthe 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 may be 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 ofretum 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.
I. Downtown Specific Plan Area
2. Parkview Nieghborhood Revitalization Plan Area
3. Martin Luther King Neighborhood revitalization Plan Area
E. In-Fill Housing-Extended Term Credits. Section 16.20. I 20C 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 extent the size of the
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.
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
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be made where the property owner agrees to placement of an affordable housing covenant
on the property, andlor 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.
I. Downtown Specific Plan Area
2. Parkview Neighborhood Revitalization Plan Area
3. Martin Luther King Neighborhood Revitalization Plan Area
PROTESTI ApPEALS
A. Appeal to Director. For both new construction and change of Use, permit applicants who
wish to appeal determinations by Building and lor Utility staff shall state their objection in
writing and submit it to the Director within 90 days of imposition of the fee. For the
purposes of determining the applicable time limit for protest and appeal, the date of the
imposition of fees shall be the date of the earliest approval by the City of the project where
ascertainable fees are imposed and a 90-day protest notice as required by Government Code
Section 66020(a) is provided to the applicant as a condition of project approval or issuance
of a permit. On the basis of the appellant's letter and any additional information the Director
may wish to obtain, the Director shall within 15 days of the receipt of the appeal provide a
written determination to the appellant.
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.
I. 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
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the 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 amount of the 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 within 1 0 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 21st day of August, 2007, and was duly adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Bosetti, Jones, Murray, Stegall, and Dickerson
None
None
None
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DICK DICKERSON, Mayor
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FORM APPROVED:
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CONN{E STROHMA- YE
Clerk
, ity Attorney
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