HomeMy WebLinkAbout89-379 - Resolutions RESOLUTION NO] 892379
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ESTABLISHING UPDATED DRAINAGE
IMPROVEMENT FEES FOR ALL DEVELOPMENTS WITHIN THE
ETIWAND~A/SAN SEVAINE LOCAL D)~AINAGE AREA OF THE CITY OF.
RANCHO CUCAMONGA
WHEREAS, the City Council of the City ~f Rancho Cucamong~ has adopted
Ordinance No.. 402 creating and establishing ~he 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 f~ilities in the Etiwanda/
San Sevaine Local Drainage Area, .alo_ng with an analysis of the need for new
development was conducted, and sa~d 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, 19(}9; and
WHEREAS, this .study was available for public inspec%ion 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 faqilities to
r~duc~ the impacts, of flooding caused by new .development, within the
Etiwan~a/San Seva.ine Local Drainage Area;
B. The drainage fees collected pursuant to th'~s resolution shall be
used to finance only the public facilities described or identified in.the
"Etiwanda/San Sevaine A.rea Master Plan of Drainage";
C. After considering, the study anJ analysis prepared by BSI
Consultants,' Inc., .entitled "Etiwanda/San Sevaine Area Master Plan of
Drainage", an~ the testimony received at a public hearing on February. I,.1989,
the Council approved said study on August 2, 1989, and further finds that the
new development in the Etiwanda/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 wiT1 contribute to
the degradation of the public health and safety in that Etiwanda/San Sevaine
Local Drainage Area;
D. There is a need in this described impact area for drainage
facilities wh.ic.h hav.e 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 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,
Resolution No. 89L379
Page 2
andj 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
Master Plan of Drainage" 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 facili~ty.
(b) "Net area" is .the n6t of the area of the entire parcel,
after e~clusion of the area of all public s~reet 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 o~ a. parcel map of 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 ilbuilding 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 and shall be based on the following schedule:.
Regional Mainline Fee ....
Upper Etiwanda. $ 7,750 per net acre
San Sevaine . $ 2,530 per net acre,
Lower Etiwanda $ 0 per net acre
Resolution NoJ 89~379
Page 3
Secondary Regional Fee
Victoria (Victoria Basin) $ 400 per net acre
Henderson/Wardman $ 6,660 per net acre
Hawker-Crawford $ 3,660 per net acre
Upper Etiwanda Interceptor $ 2,040 per net acre
Master Plan Fee
Upper Etiwanda $ 9,000 per net acre
San Sevaine $ 3,100 per net acre
Lower Etiwanda $17,000 per net acre
4J 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
constructed.
5. Use of FeeJ 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 1 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.
7. Effective Date. That this Resolution shall take effect on the
effective date of said Ordinance No. 402.
PASSED, APPROVED, and ADOPTED this 16th day of August, 1989.
AYES: Alexander, Brown, Stout, Wright
NOES: None
ABSENT: Buquet
Resolution No~ 89-379
Page 4
Dennis L. S'~out, Mayor
ATTEST:
Debra J. /~ms, City Clerk
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 Counciljlof the City of Rancho~Cucamonga,
Califo6nia, at a regular meeting of said Cfty Council held on the 16th day of
August,.1989.
Executed this 17th day of Augiust, 1989 at Rancho Cucamonga,
California.
Debra J./~A6ams, City Clerk