Ordinance 2020-03

CITY OF SANTA CLARA, UTAH
ORDINANCE NO. 2020-03

AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF SANTA CLARA UTAH BY AMENDING TITLE 17, SECTION 17.64, “SINGLE FAMILY RESIDENTIAL ZONE” AND SECTION 17.60 “RA RESIDENTIAL AGRICULTURAL ZONE AND ESTABLISHING AN EFFECTIVE DATE.

WHEREAS, it is important to update the City’s code from time to time to remain relevant and reflective of the ever-changing operating environment of the City; and

WHEREAS, staff would like to amend Title 17, Section 17.64.060 and Title 17, Section 17.60.060 Modifying Regulations; and

WHEREAS, the purpose of the amendment would allow for a detached single-story accessory dwelling unit in the R-1-10 Single Family Residential Zone (Chapter 17.64) and the RA zone (Chapter 17.60) as a Conditional Use in those zones; and

WHEREAS, the Planning Commission held a Public Hearing on Jan.9, 2020 on the proposed amendment to Title 17, Section’s 17.64.060 and 17.60.060 Modifying Regulations, and made recommendations to the City Council; and

WHEREAS, the legislative body of the City of Santa Clara reviewed the recommendations of the Planning Commission and acted on the proposed amendment to Title 17, Section 17.64 “R-1-10 Single Family Residential Zone” and Title 17, Section 17.60 “RA Residential Agricultural Zone” and acted on January 22, 2020; and

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Santa Clara, Utah, that Title 17, Section 17.64.060 “Single Family Residential Zone” and Title 17, Section 17.60.060 “RA Residential Agricultural Zone” be amended as follows.

Section 1. Amendment:

See Exhibit “A”

Section 2. Effective Date:

This Ordinance shall become effective immediately upon adoption, recording and posting in the manner prescribed by law.

ADOPTED and approved by a duly constituted quorum of the City Council of the City of Santa Clara, Utah this 22nd day of January 2020.
IN WITNESS, THERETO

RICK ROSENBERG, Mayor

ATTEST

CHRIS SHELLEY, City Recorder

 

Ordinance 2019-15

CITY OF SANTA CLARA
ORDINANCE 2019-15

AN ORDINANCE UPDATING THE SANTA CLARA CITY GENERAL PLAN

WHEREAS, the City Council of the City of Santa Clara met in regular session on December 11, 2019 to consider updating the Santa Clara City General Plan to include certain strategies to facilitate the development of moderate-income housing, and

WHEREAS, the 2019 State Legislature adopted a new state requirement for cities to update the Moderate-Income Housing element of their General Plan by selecting at least three strategies to further promote or facilitate the development of moderate-income housing, and

WHEREAS, the 2019 State Legislative Act includes a list of 23 possible strategies from which cities can choose which of the possible strategies best fits their community, and

WHEREAS, beginning in 2020, cities are required to provide an annual report to the state describing progress towards implementing strategies to facilitate the development of additional moderate-income housing, and

WHEREAS, the Planning Commission held a Public Hearing on November 14, 2019 on the proposed four strategies to be included in the City’s Moderate-Income Housing element of the General Plan, and recommends that those four strategies be adopted as part of the City’s General Plan, and

WHEREAS, after careful consideration and review the City Council has determined that it is in the best interest of the health, safety and welfare of the inhabitants of the City of Santa Clara to adopt the recommendation to update the Santa Clara City General Plan as proposed.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Santa Clara as follows:

Section 1. Findings. The City Council finds and determines the four strategies as follows:

1. Rezone for densities necessary to assure production of MIH.
2. Allow for reduce regulations for Accessory Dwelling Units in residential zones.
3. Allow for higher densities in mixed-use zones, commercial centers, or employment centers.
4. Implement zoning incentives for low to moderate income units in new developments.

See Exhibit “A” for details

Section 2. Adoption.

The City Council hereby approves and adopts the update to the Santa Clara City General Plan, and reflected therein, this Ordinance shall become effective on December 11, 2019.

PASSED, ADOPTED AND APPROVED this 11th day of December 2019.

CITY OF SANTA CLARA

ATTEST: Rick Rosenberg, Mayor

Chris Shelley, City Recorder

 

Ordinance 2019-14

ORDINANCE NO. 2019-14
AN ORDINANCE VACATING AN EXISTING PUBLIC UTILITY EASEMENT

WHEREAS, the property is located on the NE corner of Canyon View Drive and Sand Hollow Drive, and

WHEREAS, Sand Hollow Drive is a short stub street which dead-ends at the end of lot 105. The owner has purchased an adjoining 0.4-acre parcel and they have merged the two parcels into one lot, expanding lot 105, and

WHEREAS, they request to vacate the utility easement on the north side of existing lot 105 to build a structure where the easement now exist, and

WHEREAS, there are no utilities located in this easement and will not be needed, it has been verified by staff and they recommend approval, and

WHEREAS, the City Council of the City of Santa Clara, after proper legal notice was given, held a public hearing on December 11, 2019 in the City Council Chambers on the proposed easement vacation, and

WHEREAS, the Santa Clara City Council has determined there is good cause for vacating this utility easement, and

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Santa Clara, Utah, as follows:

Section 1. Clarification:

This is a non-code Ordinance.

Section 2. General Provisions:

A lot line adjustment involving vacating a utility line easement described as follows:

“SEE EXHIBIT A – Legal description and Map”

Section 3. Effective Date:

The effective date of this Ordinance shall become effective immediately upon adoption and posting in the manner required by law.

ADOPTED and Order posted by a duly constituted quorum of the City Council of the City of Santa Clara, Utah, this 11th day of December 2019.
Santa Clara City

Ordinance No. 2016-02

IN WITNESS THERETO:
CITY OF SANTA CLARA

Rick Rosenberg, Mayor

ATTEST:

Chris Shelley, City Recorder

 

Ordinance 2019-13

CITY OF SANTA CLARA, UTAH
ORDINANCE NO. 2019-13

AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF SANTA CLARA UTAH BY AMENDING TITLE 17, SECTION 17.44.130, “TEMPORARY OR SHORT-TERM SIGNS” AND ESTABLISHING AN EFFECTIVE DATE.

WHEREAS, it is important to update the City’s code from time to time to remain relevant and reflective of the ever-changing operating environment of the City; and

WHEREAS, staff would like to amend Title 17, Section 17.44.130 “Temporary or Short-Term Signs”; and

WHEREAS, the amendment would allow for Political Campaign sign conditions; and

WHEREAS, the Planning Commission met on Thursday September 12, 2019 and presented the amendments of Title 17, Section 17.44.130 for the purpose of clarification on Political Campaign Signs and made recommendations to the City Council; and

WHEREAS, the City Attorney has reviewed and made revisions to the Ordinance and recommends approval.

WHEREAS, the legislative body of the City of Santa Clara reviewed the recommendations of the Planning Commission and the City Attorney and acted on the proposed amendment to Title 17, Section 17.44.130 “Temporary or Short-Term Signs” and acted on October 9, 2019; and

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Santa Clara, Utah, that Title 17, Section 17.44.130 “Temporary Signs”, be amended as follows.

Section 1. Amendments:

TITLE 17

17.44.130: TEMPORARY SIGNS:

A. Definition: A temporary sign is a noncommercial sign intended for use during a specified limited time and which is not specifically prohibited or permitted elsewhere in this chapter.

B. Where Temporary Signs Are Prohibited: No person may post any temporary sign on city property or within any public right-of-way unless the person is an employee or agent of the city who is acting with authorization from the city council to post the temporary sign. Temporary signs may be used on private property only in accordance with this section.

C. Maximum Time Allowed: Temporary signs advertising an event or events may be placed up to sixty (60) days prior to the event or events and should be removed as quickly as possible after the event or events to which they relate. Temporary signs advertising real property for sale or lease shall also be removed as quickly as possible after the sale or lease closes. Any of the foregoing signs left for longer than five (5) days following the event(s) or closing to which they relate may be removed by the City.

D. Each temporary sign shall be maintained in good repair at all times, or it may be subject to removal by the City.

E. Temporary signs must be located at least two feet (2′) behind the property line or public right-of-way, whichever is nearest. Only one temporary sign is allowed on any one parcel of property at any time. However, for up to sixty (60) days before a general, local government or special election, an unlimited number of additional noncommercial temporary signs may also be placed on any one parcel of property, all of which must comply with the size, color, and placement standards of this chapter.

F. No temporary sign shall exceed (thirty-two (32) square feet in area, or four feet (4′) in height, except for project development signs or construction site signs, addressed below.

G. No permit is required for temporary signs, except for project development signs or construction site signs, addressed below. Permits for project development signs or constructions signs shall be obtained from Santa Clara City in the course of obtaining required development or construction approvals.

H. Swiss Days Exception: For the City’s annual Swiss Days celebration, temporary signs in the form of wood cow replicas may be displayed on private or public property for up to thirty (30) days prior to the start of Swiss Days, and fifteen (15) days following the conclusion of Swiss Days. The temporary signs including the wood cow replicas shall be placed so as not to block rights-of-way or create an obstruction of view when exiting a driveway or entering a public street from an intersection

I. Project Development Signs:

1. A temporary sign advertising a subdivision or housing project may be used for a period of time not to exceed one year from date of preliminary plat approval, unless extended by the City staff. Such temporary signs shall be removed when the project is sold out or completed.

2. Only one such temporary sign may be erected per development project unless there are several access roads serving the project, in which case the City staff may determine the total number of signs to be allowed.

3. Project development signs may not exceed eight feet by eight feet (8′ x 8′) and may not exceed a height of twelve feet (12′).

4. All project signs shall be removed when all original lots have been sold or when all lots for dwelling units have been sold. Project signs shall also be removed whether or not, or when, a permanent monument sign has been installed.

J. Construction Site Signs:

1. A construction site sign not exceeding six feet (6′) in height shall be allowed on each lot or parcel of land after a building permit for that lot or parcel has been issued by the City. The sign shall be approved by the City staff.

2. A construction site sign shall not exceed sixteen (16) square feet in size or four feet by four feet (4′ x 4′) in dimensions.

3. A construction site sign may also include the owner’s name, site address, permit information, and any other information that may be required by the City.

4. Construction site signs shall be removed within five (5) days following the issuance of a certificate of occupancy by the City.

K. Exception for Safety: Temporary signs of any kind that create a hazard to health or safety may be moved or removed by City staff as they determine necessary.

Section 2. Effective Date:
This Ordinance shall become effective immediately upon adoption, recording and posting in the manner prescribed by law.

ADOPTED and approved by a duly constituted quorum of the City Council of the City of Santa Clara, Utah this 9th day of October 2019.

IN WITNESS, THERETO:
RICK ROSENBERG, Mayor

ATTEST:
CHRIS SHELLEY, City Recorder

Ordinance 2019-01

CITY OF SANTA CLARA, UTAH
ORDINANCE NO. 2019-01

AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF SANTA CLARA UTAH BY AMENDING TITLE 17, SECTION 17.74, “HISTORIC DISTRICT/MIXED USE ZONE” AND ESTABLISHING AN EFFECTIVE DATE.

WHEREAS, it is important to update the City’s code from time to time to remain relevant and reflective of the ever-changing operating environment of the City; and

WHEREAS, staff would like to amend Title 17, Section 17.74 Historic District/Mixed Use Zone; and

WHEREAS, the amendment would allow for accessory buildings in the Historic District/Mixed Use Zone to be 2 stories, and up to 25’ in height unless a taller building is approved by the City Council after considering the recommendations from the Heritage Commission and Planning Commission, and based on the compatibility of the architectural design with the other buildings in the Historic District; and

WHEREAS, the size of the Accessory Buildings would be limited to a ground floor area of 1,000 sq. ft. unless a larger building is approved by the City Council after considering the recommendations of the Heritage Commission and Planning Commission; and

WHEREAS, the legislative body of the City of Santa Clara reviewed the recommendation of the Planning Commission and acted on the proposed amendment to Title 17, Section 17.74 “Historic District/Mixed Use Zone” and acted on February 27, 2019; and

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Santa Clara, Utah, that Title 17, Section 17.74 “Historic District/Mixed Use Zone” be amended as follows.
Section 1. Amendment:

TITLE 17

17.74.040: DIMENSIONAL REQUIREMENTS

A. To remove wording at the end of the paragraph “twenty feet (20’)” and add wording of “shall not exceed two-stories in height, up to twenty-five feet (25’) in height unless a taller building is approved by the City Council after considering the recommendations from the Heritage Commission and Planning Commission, and based on the compatibility of the architectural design with the other buildings in the Historic District.

J. Add “Maximum size of Accessory Buildings: The maximum ground floor area of any accessory building shall not exceed one thousand (1,000) square feet, unless a larger building is approved by the City Council after considering the recommendations of the Heritage Commission and Planning Commission.

Section 2. Effective Date:

This Ordinance shall become effective immediately upon adoption, recording and posting in the manner prescribed by law.

ADOPTED and approved by a duly constituted quorum of the City Council of the City of Santa Clara, Utah this 27th day of February 2019.

IN WITNESS, THERETO:

RICK ROSENBERG, Mayor

ATTEST:

CHRIS SHELLEY, City Recorder

Ordinance 2018-15

CITY OF SANTA CLARA
ORDINANCE NO. 2018-15

AN ORDINANCE OF THE CITY OF SANTA CLARA, UTAH, AMENDING THE ZONING ORDINANCE BY ADOPTING THE SOLACE PROJECT PLAN AS THE OFFICIAL PLAN OF THE PDR DISTRICT LOCATED ON APPROXIMATELY 52.58 ACRES EAST OF THE EXISTING BELLA SOL SUBDIVISION.

Section 1. Amendment

WHEREAS, the applicant, Cole West Development, is requesting an amendment of the current zone designation from Planned Development Residential (PDR) incorporating the Knoll Pasture Master Plan, to PDR incorporating the proposed Solace Project Plan, on approximately 52.58 acres immediately east of the existing Bella Sol Subdivision; and

WHEREAS, the proposed Solace Project Plan includes 250 dwelling units, for an overall proposed 4.7 du/acre density, which dwellings will be of three residential product types, including 80 single family dwelling units, 100 townhome units, and 70 dwelling units available for nightly rentals, to be developed in five (5) phases; and

WHEREAS, pursuant to the requirements of the Santa Clara Municipal Code, the Land Use Authority/Planning Commission conducted a properly advertised public hearing on the proposed zone change, on September 13, 2018; and

WHEREAS, the Planning Commission, during its regular meeting held on said date, voted to recommend approval of the proposed amendment to the City Council, subject to certain recommended conditions set forth in the minutes of said meeting; and

WHEREAS, the City Council, during its regular meeting held on September 26, 2018, considered the applicant’s proposal and the Planning Commission’s recommendations, and voted to approve the proposed amendment, subject to certain findings and conditions as set forth herein.

NOW, THEREFORE, BE IT ORDAINED by the Santa Clara City Council, State of Utah, as follows:

Section 2. Classification

This ordinance amends the zoning ordinance and official zoning map of the City of Santa Clara, Utah.

Section 3. General Provisions

1. The zoning ordinance and official zoning map of the City of Santa Clara, Utah is hereby amended to change the designation of the following described property from Planned Development Residential (PDR), incorporating a portion of the Knoll Pasture Master Plan, to PDR incorporating the proposed Solace Project Plan, subject to the following conditions:

a. Single family homes constructed on lots adjacent to the property line of the existing Bella Sol Subdivision shall be limited in height to single story homes, not to exceed twenty feet (20’) in height as measured from top of curb on the lot frontage, and no roof decks or other similar platforms are permitted on said homes. These restrictions to be stated as a note on the final plat for the area currently designated as Phase 1 in the Project Plan, as a condition of final plat approval by the City.

b. The Letter of Map Revision (LOMR) for Tuacahn Wash which has been submitted to the Federal Emergency Management Agency (FEMA) on this property shall be first approved by FEMA as a condition of Phase 1 final plat approval by the City.

c. The use of dwellings as short term rentals shall be conditioned on the City Council’s separate approval of the conditional use permit for short term rentals, with the conditions that said use be limited to the area currently designated as Phase 5 in the Project Plan, and that the amenities for short term rental users will be those set forth in the Project Plan, i.e., outdoor pool, clubhouse, two sport courts, and associated landscaped areas.

d. The developer take reasonable efforts, including but not limited to signage, to discourage heavy construction equipment from utilizing Northtown Road.

2. Any additional findings of the City Council as stated on the official record and incorporated into the motion to approve this action are hereby incorporated with this reference.

DESCRIPTION:

Parcel Nos. SC-6-2-4-3302; SC-6-2-4-3301; SC-6-2-9-4402.

Section 4. Effective Date

This ordinance shall become effective immediately upon adoption, recording and posting in the manner required by law.

ADOPTED by a duly constituted quorum of the Santa Clara City Council this 26th day of September, 2018.

IN WITNESS THERETO:

Rick Rosenberg, Mayor

Attest:

Chris Shelley, City Recorder

Ordinance 2018-13

CITY OF SANTA CLARA

ORDINANCE 2018-13

ADOPTING A WATER IMPACT FEE FACILITIES PLAN & IMPACT FEE ANALYSIS DATED JUNE 2018; IMPOSING WATER SYSTEM IMPACT FEES; PROVIDING FOR THE CALCULATION AND COLLECTION OF SUCH FEES; PROVIDING FOR THE APPEAL, ACCOUNTING AND SEVERABILITY OF THE SAME; AND OTHER RELATED MATERS.

                 WHEREAS, the City Council of the City of Santa Clara met in regular session on June 20, 2018 to consider, among other things, adopting a Water Impact Fee Facilities Plan, Impact Fee Analysis document dated June 2018 and imposing Water System Impact Fees, providing for the calculation and collection of such fees, and providing for appeal, accounting and severability of the same, and other related matters; and

WHEREAS, The City of Santa Clara is a political subdivision of the State of Utah, authorized and organized under the provisions of Utah law and is authorized pursuant to the Impact Fee Act, Utah Code Ann. § 11-36-101 et seq. to adopt impact fees; and

WHEREAS, on June 20, 2018, the City of Santa Clara reviewed the findings, conclusions, and recommendations of a water system master plan prepared by Sunrise Engineering, (the “Consultant”), a copy of which is attached hereto as exhibit “A” (the “Impact Fee Facilities Plan”); and

            WHEREAS the City of Santa Clara has caused a water system impact fee analysis to be prepared by Consultant, a copy of which is attached hereto as exhibit “B” (the Impact fee Analysis”); and

WHEREAS, on June 7, 2018, the City of Santa Clara posted notice of public hearing with respect to the Impact Fee Analysis in at least three public places within the City of Santa Clara and published a notice of a Public Hearing in the Spectrum in respect to the Impact Fee on June 10, 2018, and

WHEREAS, on June 20, 2018, the City Council held a public hearing regarding the Impact Fee Analysis and Impact Fee Enactment; and

WHEREAS, after careful consideration and review of the comments at the public hearings, the City Council has determined that it is in the best interest of the health, safety and welfare of the inhabitants of the City of Santa Clara to adopt the findings and recommendations of the Studies to address the impacts of development upon the city of Santa Clara, to adopt the Capital Facilities Plan as proposed, to approve the Impact fee Analysis as proposed, to adopt culinary water impact fees, to provide for the calculation and collection of such fees, and to provide for appeal, accounting and severability of the same.

            NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Santa Clara as follows:

Section 1. Findings. The City Council finds and determines as follows:

  • All required notices have been given and made and public hearings conducted as requested by the Impact Fee Act with respect to the Capital Facilities Plan, the Impact Fee Analysis.
  • Growth and development activities in the City of Santa Clara will create additional demands on its water system. The capital facility improvement requirements which are analyzed in the Capital Facilities Plan and the Impact Fee Analysis are the direct result of additional facility needs caused by future development activities. The persons responsible for growth and development activities should pay a proportionate share of the costs of the water system needed to serve the growth and development activity.
  • Impact Fees are necessary to achieve an equitable allocation to the costs borne in the past and to be borne in the future, in comparison with the benefits already received and yet to be received.
  • In approving the Impact Fee Analysis and this Ordinance, the City Council has taken into consideration, and in certain situations will consider on a case-by-case basis in the future, the future capital facilities and water needs of the city of Santa Clara, the capital financial needs of the City of Santa Clara which are the result of the City of Santa Clara’s future facilities needs, the distribution of the burden of costs to different properties within the City of Santa Clara based on the use of water and water facilities of the City of Santa Clara by such properties, the financial contribution of those properties and other properties similarly situated in the City of Santa Clara at the time of computation of the required fee and prior to the enactment of this Ordinance, all revenue sources available to the City of Santa Clara, and the impact on future water facilities that will be required by growth and new development activities in the City of Santa Clara.
  • The provisions of this Ordinance shall be liberally construed in order to carry out the purpose and intent of the City Council in establishing the impact fee program.
  • Per the proposed Washington County Water District Pooling Agreement and upon signature by the City of Santa Clara, any developer subject to impact fees under this Ordinance shall also be subject to the current water impact fees as imposed by the Washington County Water Conservancy District. The effective date shall be as provided in the WCWCD Agreement and related Ordinance.

 Section 2Definitions.

2.1 Except as provided below, words and phrases that are defined in the Impact Fee Act shall have the same meaning in this Ordinance.

2.2 “Service Area” shall mean all of the incorporated area of the City of Santa Clara, Utah.

2.3 “Project Improvements” does not mean system improvement and includes, but is not limited to, a minimum eight-inch culinary water line.

2.4 “System Improvement” shall mean those improvements outlined in the capital facilities plan, and shall except any portion that serves only the project to which the impact fee applies or are otherwise “project improvements”.

2.4 “Utah State Impact Fee Act” shall mean Title 11, Chapter 36, Utah Code Annotated or its successor state statute if that title and chapter is renumbered, recodified, or amended.

Section 3.        Adoption.

The City Council hereby approves and adopts the Impact Fee Analysis attached as exhibit “B” and the analysis reflected therein. The Water Impact Fee Facilities Plan, Impact Fee Analysis, dated June 2018, are incorporated herein by reference as though fully set forth herein. Based on the City Council’s approval and adoption of the Water Impact Fee Facilities Plan and Impact Fee Analysis, the City Council imposes a requirement that developers install project improvements as a condition to connection to the City of Santa Clara’s current or future water system and delivery of water services from the City of Santa Clara. Based on its approval and adoption of the Water Impact Fee Facilities Plan, Impact Fee Analysis, the City Council hereby imposes the impact fees specified herein and enacts this Ordinance to require payment of the impact fees specified herein as a condition to connection to the City of Santa Clara’s current or future water system and delivery of water service from the City of Santa Clara.

Section 4.        Impact Fee Calculations.

4.1       Impact Fees. The impact fees imposed by this Ordinance are facilities impact fees (generally consisting of storage, distribution and treatment), payable in cash, to fund future facilities and improvements. The impact fees shall be calculated as set forth below.

4.2       Developer Credits / Developer Reimbursements.       A developer, including a school district or charter school, may be allowed a credit against or proportionate reimbursement of impact fees if the developer dedicates land for a system improvement, builds and dedicates some or all of a system improvement, or dedicates a public facility that the City of Santa Clara and the developer agree will reduce the need for a system improvement. A credit against impact fees shall be granted for any dedication of land for, improvement to, or new construction of, any system improvements provided by the developer if the facilities are system improvements, or are dedicated to the public and offset the need for an identified system improvement.

4.3       Impact Fees Accounting.        The City of Santa Clara shall establish a separate interest-bearing ledger account for the cash impact fees collected pursuant to this Ordinance. Interest earned on such account shall be allocated to that account. Impact fees collected prior to the effective date of this Ordinance need not meet the requirements of this section.

  • Reporting.  At the end of each fiscal year, the City of Santa Clara shall prepare a report on such account generally showing the source and amount of all monies collected, earned and received by the fund or account and each expenditure from the fund or account. The report shall also identify impact fee funds by the year in which they were received, the project from which the funds were collected, the capital projects for which the funds were budgeted and the projected schedule for expenditure and be provided in a format approved by the State Auditor and certified by the City of Santa Clara City Manager.
  • Impact Fee Expenditures. The City of Santa Clara may expend cash impact fees covered by this Ordinance only for systems improvement that are (i) public facilities identified in the Capital Facilities Plan; and (ii) of the specific public facilities type for which the fee was collected.
  • Time of Expenditure. Cash impact fees collected pursuant to this Ordinance are to be expended, dedicated or encumbered for a permissible use within six (6) years of receipt by the City of Santa Clara, unless the City Council directs otherwise. For purposes of this calculation, the first funds received shall be deemed to be the first funds expended.
  • Extension of Time. The City of Santa Clara may hold previously dedicated or unencumbered fees for longer than six (6) years if it identifies in writing, before the expiration of the six year period, (i) an extraordinary and compelling reason why the fees should be held longer than six (6) years; and (ii) an absolute date by which the fees will be expended.

4.4       Refunds.          The City of Santa Clara shall refund any impact fee paid by a developer, plus interest actually earned when (i) the developer does not proceed with the building activity and files a written request for a refund; (ii) the fees have not been spent or encumbered; (iii) the developer has contributed in excess of its proportional costs; and (iv) no impact has resulted.

4.5       Additional Fees and Costs.  The impact fees authorized hereby are separate from and in addition to user fees and other charges lawfully imposed by the City of Santa Clara, such as engineering and inspection fees, building permit fees, review fees and other fees and costs that may not be included as itemized component parts of the impact fee.

4.6       Fees Effective at Time of Payment.  Unless the City of Santa Clara is otherwise bound by a contractual requirement, the impact fee shall be determined from the impact fee schedule in effect at the time of payment in accordance with the provision of Section 5 below.

Section 5.        Impact Fee Imposed.

 

Impact fees are hereby imposed as a condition of the issuance of a building/development permit by the City of Santa Clara for any development activity which creates additional demand and need for public facilities or makes demands on the water supply in the City of Santa Clara’s system. The fees imposed are as follows:

 

5.1       Impact Fee By Meter Size

Section 6.        Fee Exceptions and Adjustments.

6.1       Waiver for “Public Purpose”.  The City Council may, on a project by project basis, authorize exceptions or adjustments to the then impact fee rate structure for those projects the City Council determines to be of such benefit to the community as a whole to justify the exception or adjustment. Such projects may include low income housing.

6.2       Adjustments.  The City Council may adjust impact fees imposed pursuant to this Ordinance as necessary in order to respond to unusual circumstances in specific areas, ensure that impact fees are imposed fairly, permit the adjustments of the amount of the impact fees based upon studies and data submitted by an applicant in order to ensure that the impact fee represents the proportionate share of the cost of providing such public facilities and water which are reasonably related to and necessary in order to provide the services in question to anticipate future growth and development activities.  The City Council may also adjust impact fees to respond to a request for a prompt and individualized impact fee review for the development activity of an agency of the State of Utah, a school district, or charter school.

Section 7.        Appeal Procedures.

7.1       Application.  The appeal procedure applies both to challenges to the legality of impact fees, to similar and related fees of the City of Santa Clara and to the interpretation and/.or application of those fees.

7.2       Request for Information Concerning the Fee.  Any person or entity required to pay an impact fee under this Ordinance may file a written request for information concerning the fee with the City of Santa Clara. The City of Santa Clara will provide the person or entity with the City of Santa Clara’s written impact fee analysis and other relevant information relating to the impact fee within fourteen (14) days after receipt of the request for information.

7.3       Appeal to the City of Santa Clara before Payment of the Impact Fee.  Any affected or potentially affected person or entity who wishes to challenge an impact fee under this Ordinance prior to payment thereof may file a written request for information concerning the impact fee and proceed under the City of Santa Clara’s appeal procedure.

7.4       Appeal to the City of Santa Clara after Payment of the Impact Fee; Statute of Limitations for Failure to File.  Any person or entity that has paid an impact fee under this Ordinance and wishes to challenge the fee shall file a written request for information concerning the fee after having paid the fee and proceed under the City of Santa’s appeal procedure. The deadlines for filing an appeal shall be as follows:

  • Notice. Within thirty (30) days after the person making the appeal pays the impact fee he or she may challenge whether the City of Santa Clara complied with the notice requirements of the Utah State Impact Fee Act with respect to the imposition of the impact fee; and
  • Procedure. Within 180 days after the person making the appeal pays the impact fee he or she may challenge whether the City of Santa Clara complied with other procedural requirements of the Utah State Impact Fee Act for imposing the impact fee; and

 Impact Fee. Within one year after the person making the appeal pays the impact fee he or she may challenge the impact fee.

7.5       Appeals to the City of Santa Clara.  Any developer, landowner or affected party desiring to challenge the legality of any impact fee or related fee or exaction under this Ordinance may appeal directly to the City Council of the City of Santa Clara by filing a written challenge with the City of Santa Clara before the deadlines provided in Section 7.4

  • Hearing. An informal hearing will be held not sooner than five (5) days nor more than twenty-five (25) days after the written appeal to the City of Santa Clara is filed.
  • Decision. After the conclusion of the informal hearing, the City Council shall affirm, reverse or take action with respect to the challenge or appeal as the City Council deems appropriate. The decision of the City Council will be issued within thirty (30) days after the date the written challenge was filed. In light of the statutorily mandated time restriction, the City of Santa Clara shall not be required to provide more than three (3) working days prior notice of the time, date and location of the informal hearing and the inconvenience of the hearing to the challenging party shall not serve as a basis of appeal of the City of Santa Clara’s final determination.

7.6       Denial Due to Passage of Time.  Should the City of Santa Clara, for any reason, fail to issue a final decision on a written challenge to an impact fee, its calculation or application, within thirty (30) days after the filing of that challenge with the City of Santa Clara, the challenge shall be deemed to have been denied.

7.7       Judicial Review Nothing in this Ordinance shall be interpreted to alter the statutory deadlines before which an action to challenge an impact fee must be initiated in the District Court. After having been served with a copy of the pleadings initiating a court review, the City of Santa Clara shall submit to the court the record of the proceedings before the City of Santa Clara, including minutes, and if available, a true and correct transcript of any proceedings.

Section 8.        Severability. If any section subsection, paragraph, clause or phrase of this Ordinance shall be declared invalid for any reason, such decision shall not affect the remaining provisions of this Ordinance, which shall remain in full force and effect, and for this purpose, the provisions of this Ordinance are declared to be severable.

Effective Date

This Ordinance shall become effective ninety (90) days following its passage, approval, and publication, as provided by law, being September 25, 2018.

PASSED, ADOPTED AND APPROVED this 27th day of June 2018

CITY OF SANTA CLARA

Rick Rosenberg, Mayor

 

ATTEST:

Chris Shelley, City Recorder

 

Ordinance 2018-11

Ordinance 2018-11
SANTA CLARA CITY
ORDINANCE NO. 2018-11

AN ORDINANCE ADOPTING THE CITY OF SANTA CLARA FINAL OPERATING AND CAPITAL BUDGETS FOR FISCAL YEAR 2018 – 2019; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Utah Uniform Fiscal Procedures Act provides for the governing body an opportunity, at any time during the budget period, to review the individual budgets of the funds, for the purpose of determining if the total of any of them shall be increased (UCA 10-6-127); and

WHEREAS, the City Manager submitted to the City Council, during a regular meeting held on June 20, 2018, the Fiscal Year 2018-2019 Final Operating and Capital Budget; and

WHEREAS, the City Council of the City of Santa Clara, adopted the proposed Final Operating and Capital Budget for Fiscal Year 2018 – 2019 on June 20, 2018 during a regular meeting of the City Council; and

WHEREAS, the City Council of the City of Santa Clara, during the May 9, 2018 Council Meeting set the Public Hearing date to receive input on the Final Operating Capital Budget for May 23, 2018 at 5:00 p.m. in the council chambers of the Santa Clara Town Hall: and

WHEREAS, the City properly advertised, as prescribed by state law (UCA 10-6-113), and held a Public Hearing on Wednesday, May 23, 2018 to receive input from the general public on the FY 2018-2019 Final Operating and Capital Budget;

WHEREAS, before June 22nd of each fiscal year, or in the case of a property tax increase under UCA Sections 56-2-919 through 59-2-923, before August 17th of the year for which property tax increase is proposed, the governing body is required to adopt a final budget for the ensuing fiscal year for each fund for which a budget is required;

NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Santa Clara, Utah as follows:

SECTION 1. Classification:
This is a non-code ordinance.

SECTION 2. General Provisions:
The City of Santa Clara Final Operating and Capital Budgets for the fiscal year 2018- 2019 are hereby adopted as set forth in the attached “Exhibit A”, which is hereby incorporated into and made a part of this ordinance by reference.

SECTION 3. Effective Date:
This Ordinance shall become effective immediately upon adoption, recording and posting in the manner prescribed by law.

Ordinance 2018-11 Page 2
ADOPTED and approved by a duly constituted quorum of the City Council of the City of Santa Clara, Utah this 20th day of June 2018.

IN WITNESS THERETO:
ATTEST: ____________________________________
RICK ROSENBERG, Mayor
_____________________________
CHRIS SHELLEY, City Recorder
Ordinance 2018-11 Page 3
“EXHIBIT A”
(See Attachments in Ordinance book)