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HomeMy WebLinkAboutReso 2010-039 - Development Impact Fees .. . . RESOLUTION NO. 2010 - 39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDiNG APPROVING CERTAIN TEMPORARY INCENTIVES RELATIVE TO THE PAYMENT OF DEVELOPMENT IMPACT FEES TO STIMULATE COMMERCIAL, OFFICE, AND INDUSTRIAL CONSTRUCTION ACTIVITY; AND APPROVING A LIMITED EXTENSION OF CURRENTLY ACTIVE BUILDiNG PERMITS AND BUILDiNG PERMIT APPLICATIONS WHEREAS, on April 6, 20 I 0, the City Council considered public testimony regarding the impact of the economic downturn on the citizens and businesses in the City of Redding; and WHEREAS, the Council determined that certain short-term incentives are important to stimulate development activity in the City of Redding; and WHEREAS, the City Council further determined that the significant economic downturn and non- functioning credit markets throughout the state and nation are affecting the ability of citizens to construct planned projects in a timely manner; and, WHEREAS, on February 20,2001, the City Council adopted Ordinance No, 2283, establishing a 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 temporarily overriding and superceding any language in the Administrative Guidelines for the Calculation and Determination of Development Impact Fees which may be inconsistent with the language as set forth below: 1. Between January 1, 2010, and December 31, 2010, the payment of wastewater and water development impact fees for new and expanded commercial, office, and industrial development within redevelopment project areas within the City of Redding shall be permitted to phase the payment of these fees as set forth below. Deferred Fees. In Redevelopment Project Areas within the City of Redding, new construction, or the redevelopment orremodeling of existing properties, that results in an increase in infrastructure service demand and the requirement to pay development impact fees may be eligible for deferral of portions of water and sewer impact fees, To be eligible, the building permit applicant must request the deferral prior to issuance of the building permit, which would require the payment of the relevant fee. ~ -...., o c.1 -0 The permittee shall pay a minimum of 25 percent of the required fee(s) at the time those fees are normally paid. The remaining impact fees may 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 as of July I of each year preceding the year in which the payments are made. The permittee and/or property owner and successors in interest 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, or by other legally binding agreement as may be acceptable to the City Attorney. The failure to pay the debt as set forth in the agreement may subject the property to the termination of utility service as set forth in the Redding Municipal Code and/or as otherwise allowed pursuant to the terms of the agreement. 2. Between January 1, 2010, and December 31, 2010, the payment of traffic impact fees for new and expanded commercial, office, and industrial development occurring within the City of Redding, shall be permitted to phase the payment of these fees as set forth below. Deferred Fees. Within the City of Redding, new construction, or the redevelopment or remodeling of existing properties, that results in an increase in infrastructure service demand and the requirement to pay development impact fees may be eligible for deferral of portions of traffic impact fees. To be eligible, the building permit applicant must request the deferral prior to issuance of the building permit, which would require the payment of the relevant fee. The permittee shall pay a minimum of 25 percent of the required fee( s) at the time those fees are normally paid. The remaining traffic impact fees shall be paid prior to the granting of final occupancy of the subject building. The permittee and/or property owner and successors in interest shall be required to acknowledge the payment obligation 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 notice of condition recorded on the property. The failure to pay the debt as set forth in the agreement may subject the property to enforcement actions as set forth in the Redding Municipal Code and/or pursuant to the terms ofthe agreement. 3. Where a Commercial, Office, or Industrial project involves the construction of a "shell building" as dermed in the Administrative Guidelines for the Calculation and Determination of Development Impact Fees, between January 1, 2010, and December 31, 2010, the payment of wastewater, water, and traffic development impact fees shall be made at the time ofissuance of a permit for tenant improvements of the shell space, except where the design of the buildings electrical, water, and/or sewer systems is such that the space could be occupied by a user without the knowledge and consent of the City. The permittee and/or property owner and successors in interest shall be required to acknowledge the requirement of payment prior to improvement ofthe space in a legally binding agreement in a form approved by the City Attorney, and said debt shall be secured by a notice of condition recorded on the property, or by other legally binding agreement as may be acceptable to the City Attorney. The failure to pay the debt as set forth in the agreement may subject the property to enforcement actions as set forth in the Redding Municipal Code and/or pursuant to the terms of the agreement. 4. The term of all building permits, and applications for building permits that are active between January 1; 2010, and July 1,2010, shall be extended for a period of six months from the date of permit or application expiration. The Building Official shall grant such extensions upon a I'"~ ('-~ . . showing of good cause, where such extension will not adversely impact the health and safety of the public. I HEREBY CERTIFY that the foregoing resolution was introduced, read, and adopted at a regular meeting of the City Council on the 6th day of April, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Bosetti, Dickerson, McArthur, Stegall, and Jones None None None " _j'" ATTEST:' r 1 ., , \.) , j-" J ~ "w }'-~ 1. " - . "". \'ll.."1 ,r I) l j ~t -( . ~ ." ,l, -~...) - .....:; _,., FORM APPROVED: PAMELA MitE, D puty City Clerk , . ~..,.,...........,. ~ . I'" ,. - ~ ". ....... ..~ :"'~ .... ... .. . .,,,..- -''I ''''~ ;'"'"' ..... '- -rY'~ RICHARD A. DUVERNAY, City Attorney "