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,
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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.
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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
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