HomeMy WebLinkAboutReso 2008-037 - Rescinding Reso 2007-184
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RESOLUTION NO. 2008 - 37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING,
RESCINDING RESOLUTION NO. 2007-184 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. 2007-184 and adopting amended Administrative
Guidelines for the calculation and determination of Development Impact Fees as follows:
AUTHORITY OF THIS RESOLUTION Ifthere 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.
C. 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. Ifthe intended Use
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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 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. Ifa 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. Ifthe 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 ofImpact Fees to a Different Address. Except as provided for in paragraphs F and
L below, all impact fees collected 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. 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.
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 of the units
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
Development Services Director for a determination of eligibility for credit and shall keep
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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.
1. 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 - cornrnercialland use type
. Transportation - .27 multiple-family dwelling per bed
. Water - meter size
. Park and Recreation -.27 multiple-family dwelling unit per bed
. Storm Drainage - cornrnercialland use type
H. Traffic Impact Fee for Special Uses Not Defined in 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:
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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
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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 of
RV 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. Transfer of Traffic Impact Fees from Existinl! Develooment. The transfer of traffic impact
fee (TIF) 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 of TIF 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 of the 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 submitted 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 Section 16.20.020 may be waived pursuant to City Council Policy No. 804.
In order to determine eligibility, the applicant shall submit a completed Use description form
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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, or the redevelopment or remodeling of existing
prooerties which results in an increase in infrastructure service demand and the payment of
development imoact fees. may be eligible for deferral of portions of traffic. water, and sewer
impact fees. To be eligible, the building permit applicant must request the deferral dt tln.. t;.l1G
of-prior to issuance of the building permit, "wl;"al;vu which requires the oayment of the
relevant fee.
L Downtown Specific Plan Area
2. Parkview Nieghborhood Revitalization Plan Area
3. Martin Luther King Neighborhood Revitalization Plan Area
The appl;"ajlt permittee shall pay 25 percent of the required fee(s) at the time those fees are
normally paid. The remaining 75 percent ,1.dll.11av be paid via selection of one of the following
ootions. subiect to the requirements set forth below:
h Water and/or sewer impact fees mav 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.
!h Water. sewer. and/or traffic impact fees mav be paid orior to granting of a permanent
occuoancv aooroval bv the Building Official for the building or orooertv which
lJenerates the fee requirement. The oermittee and/orprooerty owner shall acknowledge
the payment as a oersonal debt in a legallv binding agreement in a form approved bv
the Citv Attorney. and said debt shall be secured bv a lien recorded on the oropertv.
or bv an alternate oerformance measure or financial security in a form acc<:ptable to
the Director. which lJUarantees that the impacts for which the deferral is granted will
not result until said fees are oaid.
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E. In-Fill Housing-Extended Term Credits. 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. 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 ofthe Impact Fee Ordinance.
To obtain this credit, the owner ofthe 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 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 offees
shall be the date ofthe 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.
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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 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. Ifthe appellant is dissatisfied with the decision ofthe
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 I 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.
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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 15lh day of April, 2008, and was duly adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Bosetti, Dickerson, Jones, Murray, and Stegall
None
None
None
ATTEST: -' C!.
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MAR LE STEGALL, or
FORM APPROVED:
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