HomeMy WebLinkAboutResolution - 3476 RESOLUTION NO. 3476
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY OF SAN JACINTO,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
ADOPTING A REVISED DRAINAGE DEVELOPMENT
IMPACT FEE FOR APPLICANTS FOR DEVELOPMENT
WHEREAS, on January 14, 2013 the City of San Jacinto ("City") adopted
Resolution No. 3455, which adopted the San Jacinto Valley Master Drainage Plan and
the San Jacinto Regional Area Drainage Plan Amendment (the "Plans"), and adopted a
revised interim drainage fee ("Interim Drainage Fee) for applicants for development; and
WHEREAS, on February 19, 2013, the City adopted Ordinance No. 13-01
repealing Ordinance No. 907 (adopted on June 20, 1990, requiring development to
participate in drainage financing districts, and setting fees to finance master plan
improvements for defined areas), as a follow-up action to the City's adoption of the San
Jacinto Valley Master Drainage Plan and Interim Drainage Fee on January 14, 2013;
and
WHEREAS, the Interim Drainage Fee is used to finance drainage improvements
described or identified in the Plans; and
WHEREAS, the City has reviewed options for a permanent drainage fee
("Drainage Fee") provided by Riverside County Flood Control and Water Conservation
District and now desires to adopt a revised Drainage Fee; and
WHEREAS, the proposed Drainage Fee is justified by the cost information
contained the San Jacinto Valley Master Drainage Plan, the San Jacinto Regional Area
Drainage Plan Amendment, and Riverside County Flood Control and Water
Conservation District's Area Drainage Plan Calculations for San Jacinto Valley,
attached hereto and incorporated by reference herein (Exhibit "A"), and, once effective,
the Drainage Fee is intended to replace and supersede the City's existing development
impact fees for drainage improvements; and
WHEREAS, the Plans and Riverside County Flood Control and Water
Conservation District's Area Drainage Plan Calculations for San Jacinto Valley comply
with California Government Code section 66001 et sec . by establishing the basis for the
imposition of fees for new development; and in particular:
1. Identifying the purpose of the Drainage Fee;
2. Identifying the use to which the Drainage Fee will be put;
3. Demonstrating a reasonable relationship between the Drainage Fee's use
and drainage improvements;
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4. Demonstrating a reasonable relationship between the need for drainage
improvements and the types of developments on which the Drainage Fee
is imposed; and
5. Demonstrating a reasonable relationship between the amount of the
Drainage Fee and the cost of drainage improvements or portions of the
drainage improvements attributable to the developments on which the
Drainage Fee is imposed; and
WHEREAS, the Plans and Riverside County Flood Control and Water
Conservation District's Area Drainage Plan Calculations for San Jacinto Valley justify
the imposition of the Drainage Fee for 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 Drainage Fee to be collected pursuant to this Resolution shall be
used to finance the drainage improvements described or identified in the Plans and
Riverside County Flood Control and Water Conservation District's Area Drainage Plan
Calculations for San Jacinto Valley; and
WHEREAS, after considering the drainage improvements to be funded by the
Drainage Fee and the cost estimates contained in the Plans and Riverside County
Flood Control and Water Conservation District's Area Drainage Plan Calculations for
San Jacinto Valley, the City Council approves the cost estimates and finds them
reasonable as the basis for calculating and imposing the Drainage Fee; and
WHEREAS, adoption of the Drainage Fee is subject to the California
Environmental Quality Act ("CEQA"). The Drainage Fee was adequately analyzed in an
Environmental Impact Report ("EIR") that the City prepared and certified on January 14,
2013 in compliance with the requirements of CEQA in order to consider all potential
adverse environmental impacts associated with the implementation of the Plans.
WHEREAS, pursuant to Government Code section 66000 et sec., the City is
empowered to impose fees and other exactions to provide necessary public
improvements, including 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 Drainage Fee in a separate capital facilities account or fund in a manner to
avoid commingling of the Drainage Fee with other revenues of the City, except for
temporary investments, and to expend the Drainage Fee solely for the purpose for
which the 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 Drainage
Fee was originally collected; and
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WHEREAS, Government Code sections 66016 and 66018 require that the City
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
August 20, 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, the City published notice of the public hearing as described above in
accordance with Government Code sections 6062(a) and 66018.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY
THE CITY COUNCIL OF THE CITY OF SAN JACINTO AS FOLLOWS:
Section 1. The Recitals set forth above are true and correct and are incorporated into
this Resolution.
Section 2. The City Council hereby adopts a revised Drainage Fee of $9,990 per
acre and per fraction thereof. The Drainage Fee shall be used solely for drainage
improvements. The Drainage Fee is justified by the estimated total costs of the
drainage improvements, with such costs apportioned uniformly over the total acreage of
the property covered under the Plans and located within the City.
Section 3. The City Council hereby finds and determines that the Drainage Fee is
fairly apportioned among the property receiving benefits from the drainage
improvements, and that the amount of the 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 4. Effective as of the date that the Drainage Fee takes effect, the City's
existing Interim Drainage Fee, shall be replaced and superseded by the Drainage Fee.
Section 5. Except as expressly modified by this Resolution, all other provisions of
Resolution No. 3455, all other development impact fees, and community development
and user service fees adopted by the City Council pursuant to prior City 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 6. 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.
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Section 7. This Resolution shall take effect immediately upon its adoption, provided,
however, that the 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 8. The Mayor shall sign this Resolution and the City Clerk shall attest and
certify to the passage and adoption thereof.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
on the 201h day of August, 2013 by the following vote:
AYES: Ledezma, Miller, Ruiz, Bartel
NAYS: None
ABSENT: Kotyuk
ABSTAIN: None
CITY OF SAN JACINTO
Mark Bartel, Mayor
ATTEST:
Richard Miller, City Clerk
APPROVED AS TO FORM:
Best, Best & Krieger, LLP
f
Je B i ger, City orney
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EXHIBIT "A"
Riverside County Flood Control and Water Conservation District's Area Drainage
Plan Calculations for San Jacinto Valley
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Total San Jacinto Valley MDP Cost � � $247,323,000
_-_.. -
MDP Gross Acreage 1 17476 acres
Overall cost per acre(gross acreage) $14,152 per acre
AREAS REMOVED FOR PROPOSED —_ � �
AND EXISTING PUBLIC FACILITIES
From MDP Facilties
Proposed Open MDP Facility R/W Area 305 acres
Existing Open MDP Facility R/W Area 361 acres
From City of San Jacinto
Existing Streets City of San Jacinto 954 acres
San Jacinto Mid-County Parkway 288 acres
San Jacinto Open Space(OS) f 264 acres
San Jacinto Open Space Recreational (OS-R) 143 acres
San Jacinto Parks(P) 182 acres
San Jacinto Public Institutions(PI) 974 acres
San Jacinto Water Source(RIVER) 89 acres
From City of Hemet
Existing Streets City of Hemet 464 acres
Hillside Residential(HR-10) f 304 acres
Hemet EMWD RCTC(ROW) 6 acres
Hemet Schools(SCH) 136 acres
Hemet Parks/Recreation(P) 24 acres
Hemet Public Facilities(PF) I 1 acres
Total Area removed 4505 acres
Area Remaining 12971 acres
Cost per acre $19,067 per acre
FOR INFORMATIONAL PURPOSES ONLY
REMOVE DEVELOPED LAND(IN ADDITION TO PUBLIC LANDS)
Developed Land w/in Cities of Hemet&San Jacinto 6343 acres
Vacant land remaining(Subject to pay ADP fee) 6628 acres
Cost per acre $37,315 per acre