Redding Municipal Code Ch. 16.20 Development Impact Fees

Footnotes:

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Editor's note— Ord. No. 2500, § 3, adopted Sept. 3, 2013, repealed the former Ch. 16.20, §§ 16.20.010—16.20.240, and enacted a new Ch. 16.20 as set out herein. The former Ch. 16.20 pertained to similar subject matter. See the Code Comparative Table for a complete history of former Ch. 16.20.

A. Purpose. The purpose of this chapter is to assist in the implementation of the City of Redding General Plan and to mitigate the impact of development identified in the final environmental impact report prepared for the Redding General Plan by establishing a development impact fee program that provides necessary funding for capital improvements necessary to accommodate growth envisioned by the general plan. Each individual fee established herein includes the specific purpose of the fee.

B. Title. This chapter shall be known as and may be cited as the Development Impact Fees Ordinance.

C. Development Impact Fees Established. This chapter explicitly establishes the following development impact fee program: Fire Facilities Impact Fee; Citywide Transportation Development Impact Fee; Dana Drive Traffic Impact Fee; Churn Creek Road Traffic Impact Fee; North Redding Traffic Benefit District Impact Fee Zone; Water System Impact Fee; Wastewater System Impact Fee; Park and Recreation Facilities Impact Fee; and Storm Drainage Impact Fee.

(Ord. No. 2500, § 3, 9-3-2013)

A. For the purposes of this chapter, the words set out in this section shall have the following meanings:

"Capital improvement" includes planning, preliminary engineering, engineering design studies, land surveys, land or right-of-way acquisition, engineering, permitting, construction, and inspection of all the necessary features of any construction project.

"Developer" means a person, firm, partnership, corporation, or other entity that excavates, fills, builds structures, or otherwise improves or changes a specific parcel or tract of land.

"Development" means the construction, alteration, addition, occupancy, or use of any building or structure, or alteration of land which allows a change in land use.

"Director" means the following department directors designated by the city manager to carry out the administrative functions of this chapter: development services director, public works director, community services director, and fire chief. The city shall adopt, by resolution of the city council, administrative procedures that establish the specific roles of each director as well as appeal process for determinations made in the administration of this ordinance.

"Expansion" of the capacity of a road applies to all road and intersection capacity enhancements and includes, but is not limited to, extensions, widening, intersection improvements, upgrading signalization, and expansion of bridges.

"Facility" means something that is built, installed, purchased, or established to serve a particular purpose.

"Fee payer" is a person commencing a land development activity that generates a need for additional city facilities and requires the issuance of a building permit or permit for mobile home installation.

"Floor area" means gross floor area as that term is defined in Section 202 of the California Building Code.

"Level of service" (LOS) means the measure of congestion commonly used in traffic planning, based on the volume of traffic on a roadway or at an intersection and the capacity of the roadway or intersection.

"Mandatory or required right-of-way dedications and/or roadway improvements" means such noncompensated dedications and/or roadway improvements required by the city.

"Person" means any individual, firm, company, association, partnership, society, corporation, or group and includes the plural as well as the singular.

"Premises" means an improved lot, piece or parcel of land, or a legally divisible portion thereof, and any building or part thereof and its appurtenances situated thereon.

"Private" means property or facilities owned by individuals, corporations, and other organizations and not by city, state, or federal governments or local agencies.

"Study" initially means the Comprehensive Impact Fee Study for the City of Redding dated May 19, 2000, and the Development Impact Mitigation Fee Nexus Study dated August 20, 2013. In future years, as updated or replacement development impact fee studies are completed, it shall mean those updated or replacement development impact fee studies.

"Use" means the purpose for which land or premises or a building thereon is designed, arranged, or intended or for which it is or may be occupied or maintained.

B. Interpretation of Definitions. The director of development services or his or her designee shall, upon written request, interpret the provisions of the preceding definitions as they relate to a specific development and shall make other determinations as provided within the preceding definitions.

(Ord. No. 2500, § 3, 9-3-2013)

A. Fees imposed pursuant to this chapter shall be based on the fee schedule in effect on the date of the application for the appropriate building permit. Development impact fees for all residential, commercial, office, or industrial development shall be paid prior to final inspection approval or granting of occupancy, whichever occurs first, except as may otherwise be established by the specific terms of any other section in this chapter to the contrary, or as otherwise may be provided for by separate city council action in connection with a specific development project, or class of projects.

(Ord. No. 2500, § 3, 9-3-2013)

A. This chapter establishes the initial development impact fee schedules for each facility type, beginning January 1, 2014.

(Ord. No. 2500, § 3, 9-3-2013)

A. The Construction Cost Index (CCI) inflationary fee adjustment for all development impact fees addressed in this chapter shall become effective on July 1 of each year, beginning in July 2015, unless specifically rescinded or modified for that year by resolution of the city council. The annual adjustment shall be based upon the twenty-city average of the Construction Cost Index (CCI) as published in the Engineering News Record for the preceding twelve months ending in May. The resultant fee shall be rounded to the nearest dollar figure.

(Ord. No. 2500, § 3, 9-3-2013)

A. Impact fee credits may be applied to parcels on which buildings were demolished, destroyed, or partially destroyed on or after January 1, 2000. Credits may not be transferred from one parcel to another or from one impact fee category to another. In the event a parcel is merged into another parcel, available credits may be applied to the new parcel. The amount of available impact fee credits shall be determined by calculating impact fees for the demolished, destroyed, or partially destroyed building(s) using the fee schedule in effect at the time of application for a building permit for a new or repaired building(s). The approval of any impact fee credits is at the sole discretion of the director, subject to any administrative guidelines which may be adopted by resolution of the city council.

Further, if specifically authorized by resolution of the city council, fee credits may also be made available for affordable housing projects, economic development initiatives, or other purposes consistent with the policies of the Redding General Plan.

(Ord. No. 2500, § 3, 9-3-2013)

A. There is established a development impact fee account or fund for each fee authorized by this chapter.

B. Fees collected from development impact fees levied pursuant to this chapter shall be used to fund capital improvements, related project planning, development and construction management costs, and land purchases related to the purpose of each fee as outlined within this chapter.

C. No funds shall be used for periodic or routine maintenance.

D. In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in subsection B of this section.

E. At least biannually, the director shall present to the city council a proposed capital improvement program assigning funds, including any accrued interest, from the impact fee account or fund to specific improvement projects and related expenses. Monies, including any accrued interest not assigned in any fiscal period, shall be retained in the same impact fee account or fund until the next fiscal period, except as provided by the refund provisions of Section 16.20.110.

F. Funds may be used to provide refunds as described in Section 16.20.110.

G. The city is entitled to retain a reasonable amount, but not more than five percent, of the funds collected as compensation for the expense of collecting the fee and administering this chapter.

(Ord. No. 2500, § 3, 9-3-2013)

A. The city shall biannually adopt a capital improvement program or other public document that identifies the public facilities for which the fee is charged for each fee identified in Section 16.20.010C. The programs shall establish impact fee funding participation and schedules for construction consistent with the Government Code and the Mitigation Fee Act.

(Ord. No. 2500, § 3, 9-3-2013)

A. Reimbursement—A condition of approval and/or a development agreement for a land use entitlement may require an owner or developer of a property to construct certain facility improvements or portions thereof specified in the capital improvement program as updated from time to time. Such direction allows the owner to petition the city council for reimbursement for the cost of specified improvements related to any and all impact fees applied to the project. The petition is allowed if the owner (a) constructs the facility, (b) finances an improvement, (c) makes dedication of land in support of the facility, or (d) utilizes a combination of the above. Reimbursement is subject to an approved agreement.

1. Reimbursed Improvements—The owner or developer shall only be eligible for improvements included in the capital improvement program project. Frontage improvements as defined below are not considered part of capital improvement program project and are not eligible for reimbursement.

a. Frontage Improvements.

i. Roadway—Roadway frontage improvements typically consisting of a one-half section, including curb, gutter, sidewalk, landscape, bike lane, parking lane, acceleration and deceleration lanes and right- and left-turn lanes leading to those roads and driveways, traffic-control measures for those roads and driveways, and related storm-drain facilities along the entire frontage of the entitled project.

ii. Utilities—Utility frontage improvements include logical and orderly extensions of water, wastewater, storm-drain utilities, streetlights, and communication facilities along the entire frontage of the entitled project.

2. Reimbursed Value—The reimbursement amount shall be based on the actual value of land dedicated for the facility, actual cost of improvements, and actual costs for engineering and city administration.

3. Reimbursement Schedule—Upon completion of construction and acceptance of the improvements by the city or financing the improvements in a manner satisfactory to the city council, the owner or developer will be eligible for reimbursement in the year the improvement is programmed in the city's capital improvement program. Reimbursement is available only to the degree funds are available in any given year. If reimbursement cannot be made during one year, the unreimbursed portion will continue in following years until repaid.

4. Credit and Cash Reimbursement—The owner or developer will be provided reimbursement in the form of development fee credits consistent with fee program and type of improvement. If the amount of the fee credit is less than the amount of the otherwise applicable fee, the property owner shall thereafter pay an amount which, added to the credit received for the construction of facilities, equals the fee obligation. If the fee credit is greater than the amount of the otherwise applicable fee, the property owner may be paid the difference from the appropriate impact fee fund, providing funds are available.

5. Reimbursement Agreement—To implement this section, the city and owner or developer shall enter into a reimbursement agreement prior to incurring any eligible project development and/or construction costs. Reimbursement agreements will be considered for approval by the city council.

(Ord. No. 2500, § 3, 9-3-2013)

A. All charges relating to development impacts applicable to any premises provided for in this chapter shall be deemed a debt owing to the city.

B. Any person who makes a connection to the city utilities infrastructure without first having paid applicable charges in full or otherwise violates a provision of this chapter shall be guilty of a misdemeanor and shall be subject to having such connections disconnected.

C. A violation of this chapter shall be prosecuted in the same manner as misdemeanors are prosecuted; and upon conviction, the violator shall be punished according to law. However, in addition to or in lieu of any criminal prosecution, the city shall have the power to sue in civil court to enforce the provisions of this chapter.

D. The conviction or punishment of any person for a misdemeanor violation resulting from the connection to infrastructure of city utilities without first obtaining a permit to do so shall not relieve the person from paying the charges due and unpaid applicable fees.

(Ord. No. 2500, § 3, 9-3-2013)

A. If a building permit expires or is voided without commencement of construction, then the fee payer shall be entitled to a refund of any impact fees paid, except that the city shall retain an amount equal to the full cost of administration, but not less than seventy-five dollars, to offset the costs of collection and refund. The fee payer must submit an application for such a refund to the director within one hundred eighty calendar days of the expiration of the permit.

B. Any funds not expended, encumbered, or scheduled pursuant to Government Code Section 66001 by the end of the fiscal year immediately following five years from the date the impact fee was paid and for which the findings required by Government Code Section 66001(d) are not made pursuant to Government Code Section 66006, shall, upon application of the then-current landowner, be returned to such landowner with interest earned during the five-year period; provided that the landowner submits an application for refund to the director within 180 calendar days of the expiration of the five-year period.

C. Except as provided in subsection B of this section, the city shall refund to the current record owner on a prorated basis the unexpended or uncommitted portion of the fee and any interest accrued thereon, for which need cannot be established.

(Ord. No. 2500, § 3, 9-3-2013)

A. This chapter is intended to establish a supplemental method for funding the cost of certain public facilities, services, and infrastructure, the demand for which is reasonably related to and thereby reasonably resulting from the level and type of new development proposed in the City of Redding General Plan.

B. The provisions of this chapter shall not be construed to limit the power of the city council to impose any other fees or exactions or to continue to impose existing obligations on the right to develop within the city, but shall be in addition to any other requirements which the city council is authorized to impose or has previously imposed, as a condition of approving a plan, a development, rezoning, or other entitlement. In particular, individual property owners shall remain obligated to fund, construct, and/or dedicate the improvements, public facilities, and other exactions required by, but not limited to, the city codes, public improvement design standards, and other applicable documents and to mitigate environmental impacts from development.

C. The city council may adopt a special benefit zone for the purpose of assessing a development impact fee when it finds that a citywide development impact fee is not sufficient and/or appropriate to meet the needs for new public facilities in a localized area of the city. Any such charge, as an additional development impact fee, must comply with the applicable provisions of the State Mitigation Fee Act, beginning with Government Code Section 66000. Any such special benefit zones shall be established by ordinance and applicable fee schedules. The ordinance adopting the development impact fee within a special benefit zone shall include the method of calculation or formula for determining the amount of credit to be applied to the applicable citywide development impact fee or provide that the fee shall be in addition to the applicable citywide development impact fee, without any credit or offset.

(Ord. No. 2500, § 3, 9-3-2013)

A. Within one hundred eighty days following the last day of each fiscal year, the director shall prepare and make available to the public an activity report covering the fiscal year for the city council identifying the current fee amount charged (if not set forth in this chapter), the beginning and ending balance of fees in each trust account, the amount of fees collected and the interest earned, an identification of each public improvement on which fees were expended, the capital facilities to be constructed, and the identification of an approximate date by which the construction of each facility to be constructed will commence if the director determines that sufficient funds have been collected to complete financing on an incomplete public improvement. In preparing the report, the director shall adjust the estimated costs of the public improvements in accordance with the Engineering Construction Cost Index as published by the Engineering News Record for the elapsed time period from the previous July 1 or the date the cost estimate was developed.

B. The city council shall review the report at a noticed public hearing held not earlier than fifteen days after the report is made available to the public. Within five years following the adoption of any impact fee authorized by this chapter and every five years thereafter, the city council shall make the findings required by Government Code Section 66001 for all impact fees authorized by this chapter. At any time, the city council may revise the impact fee program to include additional projects not foreseen as being needed, provided that the appropriate findings required by the Mitigation Fee Act and other appropriate state law are made.

C. In addition to the procedures identified in subsection B of this section, the development impact fees and studies shall be comprehensively updated (1) in conjunction with or following a comprehensive general plan update; (2) when the city council determines that growth has occurred at rates significantly different than the estimates set forth in the report justifying the fee such that different fees and facilities are needed; or (3) more frequently if directed by the city council, by ordinance or, if authorized by this chapter, by resolution after a noticed public hearing.

(Ord. No. 2500, § 3, 9-3-2013)

A. The city council may adopt by resolution any administrative procedures necessary to carry out the intent of this chapter.

(Ord. No. 2500, § 3, 9-3-2013)

A. Purpose. The purpose of the fire facilities impact fee is to fund facility and equipment needs, which are impacted by and required due to new development. There is a demand for new fire stations and equipment; replacement and updating of existing facilities and equipment; and construction of training facilities in response to development identified in the City of Redding General Plan. Evidence indicates that the demand is directly related to the impacts of new development and is necessary to maintain adequate levels of fire protection, suppression, rescue and emergency medical activities and the resources required for the successful mitigation of those incidents, while providing adequate response times and personnel to the areas served to maintain reasonable insurance rates for affected property owners.

B. Fee Schedule. The base fire facilities impact fees imposed pursuant to this section are based on the findings and determinations of the appropriate fee study or studies and shall be established by resolution of the city council.

(Ord. No. 2500, § 3, 9-3-2013; Ord. No. 2581, § 1, 12-19-2017)

A. Purpose. The purpose of this fee is to provide for costs of street widening and reconstruction, traffic-control devices/facilities, transit facilities, bike paths, pedestrian facilities, bridge widening, and freeway interchange improvements related to new development 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 citywide surface transportation system. Without funding identified capital improvements, there will be an unacceptable level of traffic congestion, delays, accidents, and generally reduced public safety throughout the city. 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 transportation development impact fee zone, with its boundaries being the incorporated limits of Redding, California, as they may exist from time to time.

C. Fee Schedule. The transportation development impact fee imposed pursuant to this section is based on the findings and determinations of the appropriate fee study or studies and shall be established by resolution of the city council.

D. Exemptions.

1. Exemptions. Any claim of exemption must be made no later than the time of obtaining a building permit. Any claim not so made shall be deemed waived. The following shall be exempted from payment of the impact fee:

a. Alterations or expansion of an existing building where no additional dwelling units are created, where the use is not changed, and where no additional vehicular trips will be produced over and above those produced by the existing use.

b. The construction of accessory buildings or structures which will not produce additional vehicular trips over and above those produced by the principal building or use of the land.

E. Special Benefit Zone. In the event a special benefit zone is adopted by the city pursuant to Section 16.20.120(C), credits may be allowed pursuant to the terms of the resolution. All funds collected and held in an account or fund for a special benefit zone previously abolished by action of the city council shall continue to be held in an account or fund and used to finance the construction of the facilities for which such funds were intended, with such additional funds as are available from the citywide transportation development impact fee and such other funds identified pursuant to the State Mitigation Fee Act, except where findings consistent with the provisions of state law are made by the city council to allocate such funds to an alternate improvement of equal or greater benefit in addressing the impact for which the district was originally established.

(Ord. No. 2500, § 3, 9-3-2013; Ord. No. 2581, § 2, 12-19-2017)

A. Purpose. The purpose of this fee is to provide for the costs of street widening and reconstruction, traffic signals, bridge widening, and freeway interchange improvements related to new development within the Dana Drive 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 in the Dana Drive 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 Dana Drive Traffic Impact Fee Zone with boundaries as shown in Exhibit A attached and incorporated into this chapter by this reference.

C. Definition. For the purposes of this section:

1. "Study" initially means the Dana Drive Traffic Benefit District Summary Report dated February 6, 1990, and the updated project list and cost estimates dated October 2000 and approved by the city council on the date of adoption of the ordinance establishing this chapter. In future years, as updated or replacement impact fee studies are completed, it shall mean those updated or replacement impact fee studies.

D. Fee schedule. The base fees imposed pursuant to this section shall be as follows:

1. Multiple-family—Fee is per dwelling unit: Five hundred forty-four dollars and eleven cents.

2. Commercial—Fee is per one thousand square feet: One thousand three hundred eighty-one dollars and eighty-five cents.

3. Office—Fee is per one thousand square feet: One thousand five hundred eleven dollars and forty cents.

(Ord. No. 2500, § 3, 9-3-2013)

A. Purpose. The purpose of this fee is to provide for the costs of the reconstruction and expansion of the interchange at Interstate 5 and Oasis Road and the realignment and widening of Oasis Road, Cascade Boulevard, and Twin View Boulevard and other associated projects as referenced in the report within the North Redding Traffic Benefit District 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 in the North Redding Traffic Benefit District 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 North Redding Traffic Benefit District Impact Fee Zone with boundaries and affected parcels as shown and identified in Exhibit B, attached and incorporated into this chapter by this reference.

C. Definition. For purposes of this section:

1. "Study" initially means the North Redding Traffic Benefit District Impact Fee Study dated August 29, 2007, and the project list and cost estimates contained therein. In future years, as updated or replacement impact fee studies are completed, it means those updated or replacement impact fees studies.

D. The base fee imposed pursuant to this section shall be based on the following fee schedule:

1. Single-family: Four thousand one hundred fifty-five dollars.

2. Multiple-family—Fee is per dwelling unit: Two thousand eight hundred twenty-five dollars.

3. General Commercial—Fee is per one thousand square feet: Nine thousand three hundred forty-nine dollars.

4. High-generation Commercial—Fee is per one thousand square feet: Eighteen thousand seven hundred dollars.

5. Low-generation Commercial—Fee is per one thousand square feet: Four thousand six hundred seventy-four dollars.

6. Office—Fee is per one thousand square feet: Seven thousand two hundred seventy-two dollars.

7. Industrial—Fee is per one thousand square feet: Three thousand seven hundred thirty-nine dollars.

(Ord. No. 2500, § 3, 9-3-2013)

A. Purpose. The purpose of the water system impact fee is to protect the health and safety of the citizens of the city by providing for facilities to ensure a continuing supply of potable water, including new water mains and storage reservoirs. Federal, state, and city regulations establish minimum standards for potable water required to adequately serve residential and other land uses, as well as to provide for fire protection. As the population increases and new development locates or existing development expands in the city, there will be an attendant demand to expand the facilities necessary to provide an adequate supply of potable water for domestic consumption, fire protection, and nondomestic purposes, such as industry and commerce. This section is intended to complement the requirements of RMC Chapter 14.08, and any conflicts or interpretations will be governed by RMC Chapter 14.08.

B. Definitions. For the purposes of this section:

1. "AWWA" means the American Water Works Association.

2. "Household equivalent" means any residential premises served by a ⅝-inch or ¾-inch water meter and small commercial businesses served by a standard ⅝-inch meter. Household equivalents for larger meters, ¾-inch, 1-inch, 1½-inch, 2-inch, 3-inch, 4-inch, 6-inch, and 8-inch, have been computed using the ratio of the larger meter's AWWA-rated capacity to the AWWA's rated capacity of a standard ⅝-inch meter.

3. "User" means any person or persons, all entities public or private, residential, industrial, commercial, governmental, or institutional who receive water as defined by the California State Department of Health Services, Division of Drinking Water, as either potable or reclaimed at a service connection, fire hydrant, or fire-service system that is further defined by the RMC.

4. Three-family dwelling ("Triplex") means a single building that contains three dwelling units.

5. Four-family dwelling ("Fourplex") means a single building that contains four dwelling units.

C. Fee Schedule. The water system impact fee imposed pursuant to this section is based on the findings and determinations of the appropriate fee study or studies and shall be established by resolution of the city council.

1. Water System Impact Fee. The fee represents a contributive share of the costs to provide funds for use in constructing all or a portion of capital improvements necessary to serve new customers. Each premises as defined in this chapter applying for a new water service, as distinguished from a change in location, shall pay the current impact fee based on meter size, per household equivalent, as follows:

a. Assessment of Household Equivalents.

b. Exception to Household Equivalents.

(i) The director of public works, or his or her designee, is authorized to make an exception to the household equivalent ratio table if it is determined that a larger meter is necessary to provide flow rates to operate a city-mandated fire sprinkler system for single-family residential homes built on parcels smaller than 0.25 acre and served in areas of the city's water system with less than sixty-five pounds of static pressure.

(ii) Water meters serving water for indoor domestic use to duplex, triplex, and fourplex dwellings shall be assessed at seventy-five percent of the applicable household equivalent ratio.

(iii) The director of public works, or his or her designee, is authorized to restrict the flow rate of water meters serving low demand applications having a peak demand of less than twenty gallons per minute and prorate the impact fee assessment proportional to the restricted flow rate.

(iv) Special circumstances when determined appropriate by the public works director or his or her designee.

2. Reimbursement for Existing Facilities. Connection to the water system may be subject to a reimbursement agreement established under the provisions of Chapter 16.16. Such reimbursement, where applicable, is necessary to reimburse a third party for the cost of providing water-system improvements to the property which was required by the city to ensure that the current and future development of property occurs in a logical and orderly fashion.

(Ord. No. 2500, § 3, 9-3-2013; Ord. No. 2581, § 3, 12-19-2017)

A. Purpose. The purpose of the wastewater system impact fee is to protect the health and safety of the citizens of the city by providing for the construction of wastewater facilities, including new pipes, treatment plants, and aeration ponds. As new development occurs, there will be an additional burden placed on the existing wastewater collection, treatment, and disposal systems. Federal, state, and city health requirements set minimum standards for effluent treatment that results in the demand for new wastewater facilities. This section is intended to complement the requirements of RMC Chapter 14.16, and any conflicts or interpretations will be governed by RMC Chapter 14.16.

B. Definitions. For the purposes of this section:

1. "Food preparation facility" means any facility or part of a facility which packages, processes, assembles, portions, or performs any operation which changes the form, flavor, or consistency of food, but does not include trimming or produce. Food includes any raw or processed substance, ice, beverage, or ingredient intended to be used as food, drink, confection, or condiment for human consumption. A food preparation facility is more completely defined in RMC Section 14.16.020.

2. "Household equivalent" means both the basic quantitative unit of wastewater volume and strength representing that wastewater generated by a typical single-family residence connected to the wastewater collection system during an average day and the proportional flow within the POTW system attributed to a single-family residence on an average day. It is more completely defined in RMC Section 14.16.020.

3. "Lateral" means a public sewer/wastewater line that receives wastewater from one or more wastewater connections.

4. "Line tap" means the action by the city of installing an opening in a lateral to accommodate a wastewater connection.

5. "POTW" means publicly owned treatment works of the city, including the entire facilities for collecting, transporting, pumping, treating, and disposing of domestic and industrial wastewaters, located within and outside the city limits and either owned, operated, maintained, or controlled by the city.

6. "Sewer" means only those conduits intended to carry sewage and wastewater (commonly called sanitary sewers), and does not mean conduits used to carry stormwater (commonly called storm sewers).

7. "Sewer or wastewater connection" means a privately owned and maintained conduit that conveys wastewater from a single premises to a public sewer.

8. "Special benefit charge" means a charge applied to developing properties in addition to the normal connection charges to finance wastewater master plan projects relative to the construction of POTW where deficiencies are uniquely confined to specific geographic areas.

9. "Trunk sewer" means a public sewer which transports sewage away from a general area, neighborhood, or subdivision.

10. "User" means any person or persons, all entities public or private, residential, industrial, commercial, governmental or institutional, who discharge or cause to be discharged wastewater and waterborne wastes into the POTW of the city, or who directly or indirectly cause impact or potential impact to the POTW of the city.

11. "Wastewater" means the spent water from residences, commercial buildings, industrial plants, institutions, and business offices, including liquid and waterborne wastes, but excluding uncontaminated groundwater, surface water, and stormwater.

12. Three-family dwelling (Triplex). A single building that contains three dwelling units.

13. Four-family dwelling (Fourplex). A single building that contains four dwelling units.

C. Fee Schedule. The wastewater system impact fee imposed pursuant to this section is based on the findings and determinations of the appropriate fee study or studies and shall be established by resolution of the city council. Properties within the Clover Creek Sewer Assessment District shall receive a partial credit against the connection fee to reflect those properties' previous contributions to the collection system. Exception: The fee per household equivalent for properties in the Clover Creek Sewer Assessment District is four thousand four hundred fifty dollars.

i. Assessment of Household Equivalents.

1. Exceptions to Household Equivalents.

i. (a)

Mobile home park and overnight camper and trailer parks shall be assessed at the rate of 0.74 household equivalent per pad.

(b) Recreational vehicle dump stations shall be assessed at the rate of 1.0 household equivalent per station.

(c) Duplex, triplex, and fourplex dwelling units shall be assessed at the rate of 0.75 household equivalent per dwelling unit.

(d) Special circumstances when determined appropriate by the public works director or his or her designee.

ii. Wastewater system impact fees for dischargers without metered connections to the city's water system shall be assessed a household equivalent value as determined by one or more of the procedures identified below, but no connection unit shall be assessed less than one household equivalent:

(a) Similarity to like discharges served by the city's POTW.

(b) Field measurements of wastewater flow and wastewater constituents and characteristics.

(c) Calculation of wastewater flow based on expected or actual water consumption and taking into account water used in manufactured products and for irrigation, cooling, and evaporation;

(d) Typical values reported in the literature when the procedures identified above are inadequate to characterize the expected discharge, such as by not limited to the Minimum Egress Requirements table in the California Building Code edition adopted by the city.

iii. Modifications or changes in use for connections with metered connections to the city's water system: No additional wastewater impact fees will be due unless modifications or changes in use result in an increase in water-service connection meter size. If a modification or change in use will result in a larger water connection meter size or change from residential to commercial or industrial, the applicant shall pay the difference in wastewater impact fees between the two meter sizes.

2. Special Benefit Charge. This charge will be collected from owners of new development in localized areas that require wastewater facilities not considered a part of the regional development of wastewater system facilities. Any such charge as an additional development impact fee must comply with the provisions of the State Mitigation Fee Act, beginning with Government Code Section 66000 and must be adopted by ordinance pursuant to State Health and Safety Code Section 5471.

(Ord. No. 2500, § 3, 9-3-2013; Ord. No. 2581, § 4, 12-19-2017)

A. Purpose. The purpose of the parks and recreation facilities impact fee is to provide for the planning, acquisition, improvement, expansion, and financing of public parks, playground, and recreational facilities. Increases in development and population result in an increased need for park and recreation facilities. If this need were not met, the well-being of city residents could be adversely affected. In order to address this potential and to meet city recreation standards, it is appropriate that new development pay for additional park and recreation facilities attributable to the impact of such development.

B. Fee Schedule. A fee for each building permit shall be paid to the city as required by this section, except for permits issued covering work performed on buildings or structures owned by any city, county, state, or federal agency or any public agency or district. Fees imposed pursuant to this section shall be based on the findings and determinations of an impact fee nexus study and shall be established by resolution of the city council.

C. Use of Fees. Said fees may be used at the discretion of the city council for the acquisition, construction, and equipping of neighborhood parks, school/park combinations, community parks, regional parks and trails located within the city and further, within an area two air miles outside the city, subject to making the State Mitigation Fee Act findings to support such extraterritorial expenditures.

D. Increase of Residential Density. In those cases where between the time of the approval of the final map of the subdivision and the time of application for a building permit on a parcel or parcels of land within that subdivision, a request for increased residential density has been filed and approved, in addition to the fees provided for in this section, the property owner shall pay to the city an additional fee in an amount equal to the difference between the fees paid pursuant to RMC Chapter 17.42 at the time of approval of the final map for the subdivision and the fees that would have been charged under such chapter if the density was at that time the same as it is at the time of the building permit application.

E. Credit. The city may grant credit to a developer who provides park and recreational improvements to dedicated land or existing city parks. Fee credits are to be requested at the time of application for development. This is the only time in the development approval process when fee credits can be requested by the developer. The city staff may initiate fee credit agreements prior to planning commission approval. The requests for fee credit shall be reviewed first by the community services advisory commission, which will make its recommendation to the planning commission. Should the community services advisory commission recommend a fee credit for park improvements, the scope and terms of the credit will be incorporated into a fee credit agreement included with the tentative map conditions forwarded to the planning commission. At the time of approval of development, the planning commission shall consider whether a fee credit agreement, park development fees, or a combination of improvements and fees shall be required of the developer.

(Ord. No. 2500, § 3, 9-3-2013; Ord. No. 2600, § 1, 3-19-2019)

A. Purpose. The purpose of the storm-drainage impact fee is to finance the cost of drainage and stormwater-detention projects, including mains, tributary systems, creek improvements, and detention basins that are related to new development. New development increases the amount of impervious surfaces due to more roof area, paved streets, driveways, and parking lots. Flooding potential is thereby increased, particularly during periods of high intensity and/or sustained rainfall, creating an unacceptable hazard to citizen welfare and safety. The stormwater drainage impact fees will finance the improvements necessary to maintain adequate drainage, flood protection, and stormwater detention throughout the city in response to the impacts of new development. This section is intended to complement the requirements of RMC Chapter 14.18, and any conflicts or interpretations will be governed by RMC Chapter 14.18

B. Definitions. For the purposes of this section:

1. "Storm drain" means a drain which carries stormwater, surface runoff, street wastewater, and drainage, but excludes sanitary sewage and industrial wastes.

2. "Storm drainage system" means all facilities, structures, and natural watercourses used for collecting and conducting stormwater to, through, and from drainage areas to the points of final outlet, including, but not limited to, any and all of the following: inlets, conduits and appurtenant features, canals, creeks, channels, catch basins, ditches, streams, gulches, gullies, flumes, culverts, siphons, retention or detention basins, dams, flood walls, levees, and pumping stations.

C. Fee Schedule. Fees imposed pursuant to this section shall be based on the fee schedule in effect on the date of the fee payer's application for a building permit. The fee shall be as follows:

1. Single-family: Eight hundred ninety-one dollars and forty cents.

2. Multiple-family—Fee is per dwelling unit: Four hundred thirty-seven dollars and seventy-three cents.

3. Commercial—Fee is per one thousand square feet: Five hundred fifty-eight dollars and fifty-six cents.

4. Office—Fee is per one thousand square feet: Five hundred twelve dollars and ninety-six cents.

5. Industrial—Fee is per one thousand square feet: Three hundred seventy-three dollars and ninety-one cents.

(Ord. No. 2500, § 3, 9-3-2013)

Editor's note— Ord. No. 2542, § 1, adopted Feb. 2, 2016, repealed § 16.20.230, which pertained to Churn Creek Road traffic impact fee zone and derived from Ord. No. 2500, § 3, adopted Sept. 3, 2013.

The provisions of this chapter are declared to be separate and severable, including the various development impact fee programs contained in this chapter. The invalidity of any clause, sentence, paragraph, subdivision, section, program, or portion of this chapter, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this chapter, or the validity of its application to other persons or circumstances.

(Ord. No. 2500, § 3, 9-3-2013)

[Figure]

(Ord. No. 2500, § 3, 9-3-2013)

[Figure]

(Ord. No. 2500, § 3, 9-3-2013)