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HomeMy WebLinkAbout90-111 - Resolutions RESOLUTION NO. 90-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING UPDATED DRAINAGE IMPROVEMENT FEES (FOR CALENDAR YEAR 1990)FOR ALL DEVELOPMENTS 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 contem- plated future development on existing public facil,ities 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., is dated August 1989, and was adopted on August 2, 1989; 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 the Etiwanda/San Sevaine Area Drainage Fees Adjustment - January 1, 1990, 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 Etw+anda/ San Sevaine Local Drainage Area; 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"; C. After considering the study and analysis prepared by BSI Consul- tants, 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 Augu$~t. 2, lg89v and further finds that ,t~h~ new develop- ment in, the Etwianda/San Sevaine Local Drainage Area will generate additional flood hazards within the impacted area as described in 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. 90-111 Page 2 D. There is a need in this described impact area for drainage facilities which have not been cosntructed or have been constructed, but new development has not contributed its fair share towards these facility costs and said facilities have been called for in 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 referred ].to above; F. The cost estimates set forth in the "Etiwanda/San Sevaine Area Draiange Fees Adjustment - January 1, 1990" 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 tribu- tary 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 Buildin~ 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 sub- division 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 Sevadne Area Master Plan of Drainage"..F'W~ien 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 deter- mined by the Building Official. When fees are collected prior to the record- ing 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 and shall be based on the following schedule: Resolution No. 90-111 Page 3 Regional Mainline Fee Upper Etiwanda $ 7,800 per net acre San Sevaine $ 2,500 per net acre Lower Etiwanda -0- per net acre Secondary Regional Fee Victoria {Victoria Basin) $ 400 per net acre Henderson/Wardman $ 6,400 per net acre Hawker-Crawford $ 3,700 per net acre Upper Etiwanda Interceptor $ 2,000 per net acre Master Plan Fee Upper Etiwanda $ 8,900 per net acre San Sevaine . $ 2,900 per net acre Lower Etiwanda $16,500 per net acre 4. Funds. Fees collected shall be placed into separate funds designated for the construction of the applicable drainage facility. Fees from the three Regional Mainline areas shall be placed in a single fund for the construction of the Etiwanda/San Sevaine Regional Mainline System. Three separate funds shall be set up for the Upper Etiwanda Interceptor, Henderson/ Wardman and Hawker-Crawford Secondary Regional areas. The four Master plan areas shall contribute to a single Master Plan fund. The Victoria Basin Secondary Regional area shall also contribute to the Master Plan fund in order to reimburse the City's Master Plan fund for the drainage facilities already co sntruc ted. 5. 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 impacts 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 reasonable related to the impacts of developments and whether the described public facilities are still needed. This fee shall be adjusted on January I of each year by the Engineering News Record Construction Cost Index of January I of that year in proportion to a base index of 5771 {January 1, 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 7th day of March, 1990. Resolution No. 90-111 Page 4 AYES: Alexander, Stout, Wright NOES: None ABSENT: Brown, Buquet ~ ~A , ~t, Mayor ATT EST: I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucan~nga, 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 7th day of March, 1990. Executed this 8th day of March, 1990 at Rancho. Cucamonga~ California.