HomeMy WebLinkAboutResolution - 3455 STATE OF CALIFORNIA ) RESOLUTION NO. 3455
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
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A RESOLUTION OF THE CITY OF SAN JACINTO, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, ADOPTING THE SAN
JACINTO VALLEY MASTER DRAINAGE PLAN AND THE SAN
JACINTO REGIONAL AREA DRAINAGE PLAN AMENDMENT,
AND ADOPTING A REVISED INTERIM DRAINAGE FEE FOR
APPLICANTS FOR DEVELOPMENT
WHEREAS, the City of San Jacinto ("City") imposes certain development
impact fees upon development project applicants ("Applicants") to recover the
costs to the City for the future construction of public infrastructure facilities and
improvements necessitated by increasing development within the City; and
WHEREAS, in order to address drainage issues within the City, including,
but not limited to, increased water run-off and potential for flood hazards, which
have been exacerbated by continued growth and new development in the City,
the City has worked with Riverside County Flood Control & Water Conservation
District ("District") and Albert A. Webb Associates ("Webb") on the development
of the San Jacinto Valley Master Drainage Plan and the San Jacinto Regional
Area Drainage Plan Amendment (the "Plans"). The facilities described in the
Plans ("Drainage Improvements"), and to be funded by development impact fees,
are in addition to existing facilities serving the City at this time, and are necessary
in order to mitigate the growth impact on the City's existing drainage facilities and
to avoid conditions perilous to the health, safety and welfare of City residents.
WHEREAS, it is the intent of the City that the Plans, once adopted, shall
replace and supersede the existing San Jacinto Master Drainage Plan and the
San Jacinto Northwest Improvement Plan.
WHEREAS, due to the increased need for drainage improvements,
current development impact fees charged to Applicants will not adequately
recoup the City's costs of providing the Drainage Improvements and, therefore, a
significant amount of the Drainage Improvements will be paid for out of the City's
general fund and borne by the general public unless the development impact
fees are revised to cover the reasonable costs of the Drainage Improvements;
and
WHEREAS, the City Council finds that the approval of development
projects is of special benefit to Applicants and that development projects
constructed by Applicants impose a special burden upon the City's drainage
system separate and apart from and in addition to that of the public; and
therefore, in the interests of fairness to the general public, the City desires to
better recover the costs of development impacts upon the drainage system from
Applicants who have obtained the City's approval for development projects
through the construction and funding of the Drainage Improvements; and
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WHEREAS, the proposed interim development impact fee for the
Drainage Improvements ("Interim Drainage Fee") is justified by the cost
information contained in the San Jacinto Valley Master Drainage Plan ("SJV-
MDP"), and, once effective, the Interim Drainage Fee is intended to replace and
supersede the City's existing development impact fees for drainage
improvements; and
WHEREAS, detailed descriptions of each of the Drainage Improvements,
their approximate location, size, approximate time of availability and their
estimated costs are set forth in the SJV-MDP; and
WHEREAS, the SJV-MDP complies with the California Government Code
Section 66001 et seq. by establishing the basis for the imposition of fees for new
development; and in particular, the SJV-MDP:
1. Identifies the purpose of the Interim Drainage Fee;
2. Identifies the use to which the Interim Drainage Fee will be
put;
3. Demonstrates a reasonable relationship between the Interim
Drainage Fee's use and the Drainage Improvements;
4. Demonstrates a reasonable relationship between the need
for the Drainage Improvements and the types of
developments on which the Interim Drainage Fee is
imposed; and
5. Demonstrates a reasonable relationship between the
amount of the Interim Drainage Fee and the cost of the
Drainage Improvements or portions of the Drainage
Improvements attributable to the developments on which the
Interim Drainage Fee is imposed; and
WHEREAS, the SJV-MDP justifies the imposition of the Interim Drainage
Fee for the Drainage Improvements on new construction by analyzing the City's
needs for the Drainage Improvements, and assigning the costs on a per acre and
per fraction thereof basis; and
WHEREAS, the Interim Drainage Fee to be collected pursuant to this
Resolution shall be used to finance the Drainage Improvements described or
identified in the SJV-MDP; and
WHEREAS, the Drainage Improvements are consistent with the City's
General Plan; and
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WHEREAS, after considering the Drainage Improvements to be funded by
the Interim Drainage Fee and the cost estimates contained in the SJV-MDP, the
City Council approves the Drainage Improvements and approves the cost
estimates and finds them reasonable as the basis for calculating and imposing
the Interim Drainage Fee; and
WHEREAS, copies of the Plans are on file in the City Clerk's office and
have been made available for public review in accordance with state law, as
more fully described below; and
WHEREAS, pursuant to Government Code Section 66000 et seq., the
City is empowered to impose fees and other exactions to provide necessary
public improvements, including the Drainage Improvements, required to mitigate
the effects of new development in the City; and
WHEREAS, pursuant to Government Code Section 66006, the City is
required to deposit the Interim Drainage Fee in a separate capital facilities
account or fund in a manner to avoid commingling of the Interim Drainage Fee
with other revenues of the City, except for temporary investments, and to expend
the Interim Drainage Fee solely for the purpose for which the Interim Drainage
Fee was collected; and
WHEREAS, pursuant to Government Code Section 66006, any interest
income earned by moneys in the capital facility account(s) or fund(s) shall also
be deposited in that account or fund and shall be expended only for the purpose
for which the Interim Drainage Fee was originally collected; and
WHEREAS, Government Code Sections 66016 and 66018 require that
the City adopt new development fees or increase existing development fees only
after providing notice and holding a public hearing; and
WHEREAS, the City Council has duly noticed and conducted a public
hearing on January 14, 2013, at which time the public was invited to make oral
and written presentations as part of the regularly scheduled meeting prior to the
adoption of this Resolution; and
WHEREAS, at least ten (10) days prior to the public hearing referenced
above, the City made available for public inspection the Plans; and
WHEREAS, the City published notice of the public hearing as described
above in accordance with Government Code Sections 6062(a) and 66018; and
WHEREAS, adoption of the Plans is subject to CEQA. The City has
prepared an Environmental Impact Report ("EIR") in compliance with the
requirements of CEQA in order to consider all potential adverse environmental
impacts associated with implementation of the Plans. The City has, concurrently
with its consideration of this Resolution, considered a resolution providing for
certification of the EIR.
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THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES ORDAIN AS
FOLLOWS:
Section 1 The City Council hereby finds that the Drainage Improvements as
shown in the Plans are in addition to existing facilities serving the
City at this time, and hereby adopts the Plans in the form on file at
the office of the City Clerk. The boundaries of the area included
within the Plans is as depicted in Exhibit "A attached hereto and
incorporated by reference herein.
Section 2 The City hereby rescinds the existing San Jacinto Master Drainage
Plan, dated 19 June 1990, (Ordinance No. 907), and the San
Jacinto Northwest Improvement Plan, dated 5 November 1991 ,
(Resolution No. 2004).
Section 3 The City Council hereby adopts a revised Interim Drainage Fee of
$5,990 per acre and per fraction thereof, which Interim Drainage
Fee shall be imposed on all properties located within the
boundaries of the Plans as depicted in Exhibit "A". The Interim
Drainage Fee shall be used solely for the Drainage Improvements,
and is intended only to be imposed on property located within the
City. The Interim Drainage Fee is justified by the estimated total
costs of the Drainage Improvements, with such costs apportioned
uniformly over the total acreage of property covered under the
Plans and located within the City.
Section 4 The City Council hereby finds and determines that the Interim
Drainage Fee is fairly apportioned among the property receiving
the benefits from the Drainage Improvements, and that the amount
of the Interim Drainage Fee is justified in relation to the benefits
conferred on property proposed to be developed or redeveloped
and on the need for the Drainage Improvements created by such
development.
Section 5 Effective as of the date that the Interim Drainage Fee takes effect,
the City's existing development impact fees for drainage
improvements, originally adopted as of June 19, 1990 pursuant to
Ordinance 907, and reauthorized as of June 2, 2005 pursuant to
Ordinance No. 05-18, shall be replaced and superseded by the
Interim Drainage Fee. The "City of San Jacinto Development
Impact Fee Schedule" adopted pursuant to Ordinance No. 05-18
("Fee Schedule") shall be revised to replace the drainage fees for
"Flood Control Improvement" for Area 1 and Area 2 with the Interim
Drainage Fee adopted pursuant to this Resolution.
Section 6 Pursuant to Ordinance No. 05-18, revisions to the Fee Schedule
may be by resolution adopted in accordance with state law.
Unless otherwise stated in the Fee Schedule, the Interim Drainage
Fee shall be paid to the City prior to the City's issuance of a
building permit for any phase of a development project. The
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Interim Drainage Fee may be adjusted by resolution on January 1
of each year (or sooner as directed by City Council) by a
percentage equal to the McGraw-Hill Construction Index for
Southern California for the preceding 12 months, with this section
of the Resolution being considered as enabling and directive in
compliance with the Mitigation Fee Act, Government Code Section
66000 et seq.
Section 7 Except as expressly modified by this Resolution, all other
provisions of Ordinance No. 05-18, all other development impact
fees, community development and user service fees adopted by
the City Council pursuant to prior City of San Jacinto ordinances or
resolutions, as may be amended from time to time, or any future
ordinances or resolutions adopted for such purposes, shall remain
in full force and effect.
Section 8 The provisions of this Resolution are hereby expressly made
severable. If any provision(s) of this Resolution or this Resolution's
application to any person, material, place or circumstance is held
to be invalid, that invalidity shall not affect other provisions or
application of this Resolution that can be given effect without the
invalid provision or application.
Section 9 The City Council hereby adopts the findings set forth in the
Recitals above as though fully set forth herein.
Section 10 This Resolution shall take effect immediately upon its adoption,
provided, however, that the Interim Drainage Fee established
hereunder shall not be imposed or collected prior to the date that is
sixty (60) days following the date of adoption of this Resolution.
Section 11. The Mayor shall sign this Resolution and the City Clerk shall attest
and certify to the passage and adoption thereof.
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EXHIBIT `A'
PROPOSED SJV-MDP AND ADP AREAS
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PASSED, APPROVED AND ADOPTED at a special meeting of the City
Council on the 14th day of January, 2013 by the following vote:
AYES: Kotyuk, Ledezma, Miller, Ruiz, Bartel
NAYS: None
ABSENT: None
ABSTAIN: None
City of San Jacinto
g �
Mark Bartel, Mayor
ATTEST:
Richard Miller, City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER, LLP
Je re allinger, CitIrAttorney
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