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HomeMy WebLinkAboutResolution - 1624 i I RESOLUTION NO. 1624 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA. CONCERNING POLICIES FOR PARTIALLY FUNDING OF REQUIRED FLOOD CONTROL AND DRAINAGE FACILITIES WITHIN THE CITY OF SAP! JACINTO 4 WHEREAS, the development of )ands within the City of San Jacinto to resi 5 -.dential , commercial and industrial purposes has heretofore created an issue a significant increases in ,the volume and rates of flow of storm waters emanati from those areas; and 71 WHEREAS, the continued development of land within the remaining undevelo ed portions of the City of San Jacinto viiII threaten further increases instoi g water runoff; and y WHEREAS, a significant number of existing streets and available storm drains are increasingly taxed and are unable to safely carry off said storm 10 waters, resulting in extensive flooding of street intersections as well as tt flooding of,private properties and the denial of access for ambulance, fire, 11 law enforcement and other emergency vehicles and equipment to portions of the City of 'San Jacinto during significant periods of time; and 12 4JHEREAS, the terms and conditions for the City's participation in the 13 Federal Flood Insurance Program require that further development of land witl the City not 'increase :the flood hazard on adjacent and downstream properties 14 both within and without the City; and 15 WHEREAS, available financial resources of the City of San Jacinto throw' ad valorem taxes and otherexisting revenues are severely limited and inade 161 quate to fund the system of flood control channels and storm drains necessar to protect the City from flooding and to avoid damage to public and private _17 property as a result of further development within the City; and 13 WHEREAS, it is fair and equitable to all of the taxpayers and property owner=_ within the City of San Jacinto that the future developers of land wit 19 1 in the City of Sari Jacinto contribute to the cost of said flood control and drainage facilities in proportion to the benefit their land enjoys by the 201 availability of upstream storm water removal facilities and in proportion tc the increase in downstream stormwater flows resulting from the development c 21 their property; and i 22 WHEREAS, it is necessary that a funding program be established for the construction'of urgently needed storm water removal facilities within the 231 various watersheds and subwatersheds of the City of San Jacinto; and 1 2411 WHEREAS, the threat of flood hazard imposes an unreasonable environmen impact on the citizens of San Jacinto and the health, safety and general we 25 fafe of the public requires that said hazards be reasonably mitigated. 26;'( 14OW, THEREFORE, in consideration of the health, safety and general wel fare of the public, IT IS HEREBY RESOLVED AND ORDERED by the City Council of 97 the City of San Jacinto as follows: 23, 1 . All future flood control and drainage facilities within the City c San Jacinto shall be constructed in accordance with the adopted 29 Master Flood Control End Drainage Plan as same now exists and as 3111 be amended from pime-to time. 1` All future land developments within the City of San Jacinto shall :31 required to participate in the funding of the cost of stormwater i movsl facilities required to protect said developments from flood' 32{I and to protect downstream properties from flooding as a result of -1- i, 1 Pursuant;to Section 6-24 of Ordinance No. 675, adopted March 4, 1930, the:minimum storm drain irprovement fee, established by Section 6-24.- 9 of Ordinance No. 675, is hereby set at: 3 (a) $2,700 per acre. 4 MOVED, PASSED and ADOPTED at e, regular meeting of the San Jacinto City 5 Council held on the 20th day of August 1985, by the following vote: 6 AYES: Councilmen Visser, Rose, Stevens and Divine NOES: None g ABSENT: Councilman Stuart r ABSTAIN: None 10 ATTEST: 11 C� Cie i�rvca z✓ Vice Mayor 6 y City Clerk 12 13 CERTIFICATE 14 The foregoing is certified to be a true copy of Resolution No. 1624 15 duly adopted by the said City Council of the City of San Jacinto on the date 16 set forth therein. li uty- ity Clerk 18 19, 20 i 21 22 23 24 26 27 28 2 �9 i 30', 31i r ;h -3- I' i 1' completion of said developments, in accordance with the rules and regulations of the Federal Emergency Management Agency, as implement 2 ed'from time-to-time by the City Council , Ordinance No. 695. 3 3. Each of said land development projects shall bear a portion of the cost of said storm water removal facilities in proportion to the 4 ratio of the area of the land development project to the total un- developed area within the watershed tributary to the land developmen project: A'maximum 1per acre facility cost shall be established by Resolution from Lime-to-time by the City Council . 6 4. The costs of required flood control and drainace facilities shall be 7 determined by the Department of Public vlorks and shall be based on the Master Flood Control and Drainaqe Plan, updated to reflect in- g creases in the cost of construction of said plan due to escalation to the date of construction of said development. 9 5. The costs of required flood control and drainage facilities shall 'i 16 j clude the construction costs as well as the cost of all lands, ease ments and rights-of-ways and engineerinq for all facilities, and 11 shall include the cost of required bridges specified in the Circula tion Element of the City General Plan. 12. 6. Payments for the proportional 'cost of said facilities to be borne b 1.9 each development may be made by,a cash payment, or by any combinati of cash, in-lieu facilities construction, or contributions of lands 14 easements >orrights-of—way, so long as the total value of said con- struction and contributions plus any cash payments are equivalent ' 15 value to the aggregate cost to be borne by said development, as de' termined by the Department of Public LJorks. 16 7. Evidence of proper title to all land, easements and rights-cf-way 1 IT be dnnaLed shall be to the satisfaction of the City Attorney. Tit to all such lands, easements and rights-of-way shall he dedicated 18� accordance with the toaster Flood Control and Drainage Plan and the requirements of the City Council as approved to form by the City 19 Attorney. 201 8. where sufficient downstream drainage facilities are not available convey storm water from future developments withouL increasing the 21 hazards from flooding on downstream properties, the City of San Ja to will permit the installation of interim storm water retention 22 basins until such time as necessary downstream elements of the Mas Flood and Drainage Plan are completed. Provided that the design a 23Ioperational effect of such interim basins shall meet or exceed the I, objectives of Federal Emergency Manageaent Agency regulations 24 i - -- -- 9. In instances, the costs of construction of the retention basin, tc 2bl get her with the value of the underlying land on which it is con- structed, shall be treated as a credit toward t.h,e cost of requires 26I, flood control and drainage facilities to be borne by the developms The value of the land shall be based on an appraisal to he made b, 27�� the U ty of San Jacinto, with ,the full cost of said appraisal beii borne by the developer. Fee title to the land shall be dedicated 28', the City of San Jacinto in accordance with Ordinance No. 675. Th costs of maintenance and operation of temporary retention basins '-)ol shall be borne by the City of San Jacinto. 301) The applicant shall pay the cost for evaluating the impact of any stantial change in land use intensity in the General Plan or zoni 311, as iLmay affect the adopted lMaster Fls}od and Drainage Plan. 3211 3E IT FURTHER RESOLVED AS FOLLOWS: -2-