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HomeMy WebLinkAboutReso 2003-142 - Development Impact FeesRESOLC nON NO. 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 pmgratn of development impac~ 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 rescinds Resolution No. 2001-140, which provided impact fee administrative guidelines, and approves and adopts Impact Fee Adminish-ative 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 Mixed Use Development. Ifa 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. 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, 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. Page I Co Do Fo Shell Permit. A shell permit is a building permit to construct a "shell" 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 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 know~n, 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. 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 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 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 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. Transfer of Impact 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 original parcel as provided for in Redding Municipal Code Section 16.20.070. 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 of'the units to be demolished must submit a request for credit to the Redevelopment Agency prior to Page 2 Go Ho 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 Dew.qopment 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 Nieghborhood Revitalization Plan Area Martin Luther King Neighborhood revitalization Plan Area 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 Traffic Impact Fee for Special Uses Not Defined in16.20.020. 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 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 of RV and mobile home parks shall be paid at the time the water co~mection 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. Page 3 Jo 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. 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. EXEMPTIONS~ CREDITS, AND DEFERMENTS Ao 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 buildint;~ 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 ora building permit for a new building on the same site. The ibepayer 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. Industrial Development Traffic Impact Fee (TIF) Waiver. Traffic impact :fees for industrial Uses as defined in Sectionl6.20.020 may be waived pursuant to City Council Policy No. 804. In order ilo 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. 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. 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 of return compounded monthly on the unpaid balance. The permittee and/or property owner shall be required to acknowledge the payment as a personal Page 4 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 Eo In-Fill Housing--Extentded Term Credits. Section 16.20.120C states that an exemption from payment of impact tees 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 extend the size of the unit and type of utility cortnections 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 ora building peixnit. 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 Ao 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 within 15 days of the receipt of the appeal provide a written determination to the appellant. Page 5 Bo 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 pro. ject, 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. 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. 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 14.16.021). 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 stud)'. 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 City of Redding based on an estimate of the staff time required to review and approve the proposed study. 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. 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. 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 10 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. Page 6 Do Commencing Construction Pending an Appeal. The Building Official must issue the building permit if thc impact fees, as calculated by the City, are paid. Any reduction of impact fccs resulting fi.om an appeal shall bc 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 16 th day of September ,2003, and was duly adopted by the following vote: AYES: NOES: ABSENT: · ABSTAIN: COUNCIL MEMBERS: Kight, COUNCIL MEMBERS: None COUNCIL MEMBERS: None COUNCIL MEMBERS: None Mathena, Pohlmeyer, Stegall and Cibula ATTEST: CONNIE STI~0HMA~ .F~:.CJ'~ty Clerk FORM APPROVED; BRAD L. FULLER, City Attorney Page 7