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HomeMy WebLinkAboutResolution - 3482 STATE OF CALIFORNIA ) RESOLUTION NO. 3482 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA, RELATING TO DEVELOPMENT IMPACT FEES WITHIN THE RANCHO SAN JACINTO SPECIFIC PLAN AREA WHEREAS, the City Council ("City Council") of the City of San Jacinto ("City") is authorized pursuant to Article XI, section 7 of the California Constitution and pursuant to the California Government Code to establish and impose on development projects development impact fees for the purpose of defraying all or a portion of the cost of public improvements, public services and community amenities attributable to such development projects; and WHEREAS, on June 2, 2005, the City Council adopted Ordinance No. 05- 18, establishing various development impact fees; and WHEREAS, section 5 of Ordinance No. 05-18 recognized that there may be circumstances where deferral, waiver or reduction in development impact fees will result in a more fair funding arrangement; and WHEREAS, as part of the City's 1989 adoption of the Rancho San Jacinto Specific Plan, the City Council approved and adopted a statutory development agreement, pursuant to Government Code section 65864, et seq.; and WHEREAS, Section 5.1 of the Rancho San Jacinto Development Agreement recognized that various public facilities would be constructed by the developer of such Specific Plan pursuant to the conditions of approval of the Rancho San Jacinto Specific Plan, including the following: • Four (4) eight-phase traffic signals in lieu of all signalization fees. • A storm drain system from the intersection of Evans Street and Hewitt Avenue to the Buena Vista Detention basin in lieu of all drainage fees. • A five-acre park located on Esplanade Avenue; and WHEREAS, Section 5.1 of the Rancho San Jacinto Development Agreement also acknowledged and agreed that the cost to construct such public facilities equaled or exceeded the total development impact fees related to the public facilities, and therefore, the City further agreed to accept the public facilities listed above in lieu of any and all development impact fees related thereto; and WHEREAS, the City Council finds, based on the fact that a substantial portion of public facilities serving the Rancho San Jacinto Specific Plan have been constructed by the developer(s) of the Rancho San Jacinto Plan, that deferral, waiver or reduction in development impact fees within the Rancho San Jacinto Specific Plan will result in a more fair funding arrangement; and WHEREAS, it is not the intent of the City in enacting this Resolution to require any person or entity to pay more than that person's or entity's "fair share" of the costs attributable to development by that person or entity. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO RESOLVES AS FOLLOWS: SECTION 1.The Recitals set forth above are true and correct and are hereby incorporated and adopted as findings by the City Council as though fully set forth herein. SECTION 2.The following words, terms and phrases when used in this Resolution shall have meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Development means any project undertaken for the purpose of developing real property for residential, commercial, industrial or other uses, or any combination thereof, including a project involving the issuance of a permit for grading, construction, reconstruction, rehabilitation or expansion, but not a permit to operate. Development impact fees means monetary exactions other than taxes or special assessments, established by either ordinance or resolution of the City Council for a broad class of developments, or for a specific development on an individual basis, that is imposed by the City on a development in connection with the City's approval thereof for the purpose of defraying all or a portion of the cost of public improvements, public services and community amenities. Development Impact Fees do not include processing charges or deposits, imposed by the City in order to cover the reasonably anticipated costs to the City of processing development entitlements. Rancho San Jacinto Specific Plan Area means that area designated as being within the Rancho San Jacinto Specific Plan, as depicted in Exhibit "A", attached hereto and incorporated by reference herein, 2 Qualifying Project means a development that is located within the Rancho San Jacinto Specific Plan Area. SECTION 3. Development impact fees within Rancho San Jacinto Specific Plan Area. (a) Waiver. The City shall waive all development impact fees on qualifying projects, subject to the limitations set forth below. (b) Pass-Through Fees. Subdivision (a) shall not apply to "pass- through" development impact fees. For purposes of this subdivision, "pass through" development impact fees shall mean those development impact fees that are imposed by another governmental entity or the City and collected by the City but not retained and used by the City. (c) Fair Share. The waivers authorized by this section 3 shall not have the effect of requiring any person or entity to pay more than that person's or entity's "fair share" of the costs attributable to development by that person or entity. In any study or analysis conducted following the effective date of this Resolution by the City for purpose of determining the amount of developer impact fees required to offset the costs attributable to development within the City, the City shall not consider the effects of the waivers authorized by this section 3, but shall assume for purposes of any such study or analysis that all developments shall pay all development impact fees, as well as those fees and charges that are waived by this section 3, for any development within the City, including qualifying projects. SECTION 4. The City Council hereby finds that this Resolution is exempt from further environmental review pursuant to the California Environmental Quality Act (Pub. Resources Code, §§ 21000 et seq.) ("CEQA") because, pursuant to section 15378(b)(4) of the California Code of Regulations, this Ordinance does not constitute a "project" because it constitutes merely the establishment of government fiscal activities that do not involve any commitment to any specific project that may result in a potentially significant physical impact of the environment. In addition, pursuant to section 15273 of the California Code of Regulations, CEQA does not apply to this Resolution because this Resolution constitutes the modification and restructuring of charges by the city that the City Council hereby finds are for the purpose of meeting operating expenses and obtaining funds necessary for capital projects, as more specifically established by the findings contained in the Recitals to this Resolution. Therefore, City staff is hereby directed to file a Notice of Exemption with the County Clerk within three (3) days following the adoption of this Resolution. 3 SECTION 5. If any provision or clause of this Resolution or its application to any particular set of facts or circumstances is held invalid, such invalidity shall not affect other provisions of this Resolution that can be given effect without the invalid provision or application, and to this end, the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective on the date on which it is adopted. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the5th day of November, 2013 by the following vote. Ayes: Kotyuk, Ledezma, Miller, Ruiz, Bartel Nays: None Absent: None Abstain: None CITY OF SAN JACINTO ark Bartel, Mayor ATTEST: A - - Richard Miller, City Clerk APPROVED AS TO FORM: Best, Best, and Krieger, LLP 9Jff y S. Ballinger, City Attorney 4