HomeMy WebLinkAbout01-067 - Resolutions RESOLUTION NO. 01-067
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ESTABLISHING UPDATED DRAINAGE
IMPROVEMENT FEES (FOR CALENDAR YEAR 2001) FOR
DEVELOPMENT WITHIN THE ETIWANDA/SAN SEVAINE LOCAL
DRAINAGE AREA OF THE CITY OF RANCHO CUCAMONGA
WHEREAS, the City council of the City of Rancho Cucamonga has adopted Ordinance
No. 402 creating and establishing the authority for imposing and charging an Etiwanda/San
Sevaine Area Drainage Improvement Fee; and
WHEREAS, a master plan of drainage study of the impacts of contemplated future
development on existing public facilities in the Etiwanda/San Sevaine Local Drainage Area,
along with an analysis of the need for new development was conducted, and said study set forth
the relationship between new development, the needed facilities, and the estimated costs of
those improvements. The study, entitled "Etiwanda/San Sevaine Area Master Plan of
Drainage", was prepared by BSI Consultants, Inc., dated February 1989, and was adopted on
February 1, 1989; and
WHEREAS, said study was subsequently modified March 21, 2001, to better reflect the
current relationship between new development, the needed facilities and the existing
infrastructure, and the estimated costs of those improvements; and
WHEREAS, an annual review of the "Etiwanda/San Sevaine Area Master Plan of
Drainage" is required along with the review and adjustment of said drainage improvement fees;
and
WHEREAS, the "Etiwanda/San Sevaine Area Master Plan of Drainage" and subsequent
modifications and the "Etiwanda/San Sevaine Area Drainage Fees Adjustment — March 21,
2001", was available for public inspection and review fourteen (14) days prior to this public
hearing; and
WHEREAS, the City Council finds as follows:
A. The purpose of this fee is to finance drainage facilities to reduce the impacts of flooding
caused by new development, within the "Etiwanda/San Sevaine Area Master Plan of Drainage",
and subsequent modifications;
B. The drainage fees collected pursuant to this resolution shall be used to finance only the
public facilities described or identified in the "Etiwanda/San Sevaine Area Master Plan of
Drainage", and subsequent modifications;
C. After considering the study and analysis prepared by BSI Consultants, Inc., entitled
"Etiwanda/San Sevaine Area Master Plan of Drainage", and the testimony received at a public
hearing on February 1, 1989, the Council approved said study on February 1, 1989, and after
considering subsequent approved modifications to said study, Council further finds that the new
development in the Etiwanda/San Sevaine Local Drainage Area will generate additional flood
hazards within the impacted areas as described in said modifications to the "Etiwanda/San
Sevaine Area Master Plan of Drainage", and will contribute to the degradation of the public
health and safety in that Etiwanda/San Sevaine Local Drainage Area;
Resolution No. 01-067
Page 2 of 4
D. There is a need in this described impact area for drainage facilities which have not been
constructed or have been constructed, but new development has not contributed its fair share
towards these facility costs and said facilities have been called for or are consistent with the
City's Public Health and Safety Element of its General Plan;
E. The facts and evidence presented establish that there is a reasonable relationship
between the need for the described public facilities and the impacts on development for which
the corresponding fee is charged, and, also there is a reasonable relationship between the fee's
use and the type of development for which the fee is charged, as these reasonable relationships
or nexus are in more detail described in the study and modification to said study referred to
above;
F. The cost estimates set forth in the "Etiwanda/San Sevaine Area Drainage Fees
Adjustment — March 21, 2001" are reasonable cost estimates for constructing these facilities,
and the fees expected to be generated by new development will not exceed the total of these
costs.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve
that:
1. Definitions. For purposes of this resolution:
(a) "Benefit area" is that property which is generally tributary to that
particular drainage facility.
(b) "Net area" is the net of the area of the entire parcel, after exclusion of
the area of all public street and highway rights-of-way and public lands,
with respect to which a Building Permit is issued.
2. A drainage improvement fee shall be assessed upon approval of a tentative map,
a parcel map, the waiver of a parcel map, director reviews, site approval, location and
development plan, conditional use permit, or the issuance of a building permit for
development in the Etiwanda/San Sevaine Local Drainage Area and shall be paid either
prior to the recording of a subdivision map, a parcel map, the waiver of a parcel map or
the issuance of a building permit, whichever occurs first, in the benefit area depicted and
described in the "Etiwanda/San Sevaine Area Master Plan of Drainage". When fees are
collected upon the issuance of a building permit, the amount of the fee and the area for
which the fee shall be considered paid shall be determined by the Building Official.
When fees are collected prior to the recording of a final or parcel map, the amount of the
fee and the area for which the fee shall be considered paid shall be determined by the
City Engineer. In either case, the Building Official or the City Engineer shall determine if
the development lies within this benefit area, the type of development and the
corresponding fee to be charged in accordance with this resolution.
3. Fee. The fee structure shall apply to all development in the benefit area as
identified in the modification to the "Etiwanda/San Sevaine Area Master Plan of
Drainage" adopted March 21, 2001, and shall be based on the following schedule:
Resolution No. 01-067
Page 3 of 4
Master Plan Fee
Modified Area..........................................................$22,700 per net acre
All other fees relative to the "Etiwanda/San Sevaine Area Master Plan of Drainage"
remain unchanged.
4. Funds. Fees collected shall be placed into a separate fund designated for the
construction of the applicable drainage facility.
5. '1. ' Use of Fee. THe�fee'shall be solely used to pay (1) for the described public
facilities to be constructed by the City; (2) for reimbursing the City for the development's
fair share of those capital improvements already constructed by the City; or (3) to
reimburse other developers who have constructed public facilities described in the
"Etiwanda/San Sevaine Area Master Plan of Drainage", where those facilities were
beyond that needed to mitigate the inpacts of the other developers' project or projects.
6. Fee Review. The City Council shall review and adjust this fee to determine
whether the fee amounts are reasonably related to the impacts of developments and
whether the described public facilities are still needed. This fee shall be adjusted on
January 1 of each year by the Engineering News Record Construction Cost Index of
January 1 of that year in proportion to a base index of 5771 (January1, 1989). Upon
review, the Engineering Department shall report its findings to the City Council at a
noticed public hearing and recommend any adjustment to this fee or other action as may
be needed.
PASSED, APPROVED AND ADOPTED this 21st day of March, 2001.
AYES: Alexander, Biane, Curatalo, Dutton, Williams
NOES: None
ABSENT: None
ABSTAINED: None
illiam J. A can er, Mayor
ATTEST:
De a J. Adams, CMC, City Clerk
Resolution No. 01-067
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I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was duly passed, approved and
adopted by the City Council of the City of Rancho Cucamonga, California,at a regular meeting
of said City Council held on the 21st day of March, 2001.
Executed this 22nd day of March, 2001, at Rancho Cucamonga, California.
4h. F-�J��
Deb a J. Adam MC, City Clerk