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HomeMy WebLinkAboutResolution No. 96-C1330 0 RESOLUTION NO. 96—C133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE WATER SYSTEM MASTER PLAN AND ESTABLISHING THE FORMULA FOR CALCULATING THE AMOUNTS OF THE WATER SYSTEM DEVELOPMENT FEE. THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Short Title. This Resolution may be referred to as the "Water System Development Fee Resolution" of the City of Azusa. SECTION 2. Purpose The purpose of the Resolution is to adopt a fee for financing the Water System Master Plan prepared by Montgomery Watson, dated March 1995, and to establish the methods for calculating the amounts of the Water System Development Fee. SECTION 3. Findings The City Council, after review of the report prepared by Civiltec Engineering, Inc. entitled "City of Azusa Water Facility Fee Evaluation, July 1996", the City of Azusa Water Master Plan, other staff reports, and testimony and information received at the public hearing on this matter, approves the Report and makes the following specific findings: A. Based upon a study of the relationship between the land uses permitted by the general plan and zoning ordinance of the City of Azusa and those of the County of Los Angeles and other cities having jurisdiction over a portion of the water system service area, and growth trends of actual development within the water system service area, the water system service area will reach its development capacity by the year 2030; B. Implementation of the Water System Master Plan, as presently designed, will require the construction of major improvements to the existing water system. These improvements, which are listed in Exhibit "A" attached hereto, will result in a water system which has the capacity to accommodate the future water needs that will be generated by anticipated future development; C. Present and future sources of Federal, State, County, Azusa Valley Water Company and City of Azusa Light and Water Department revenues which are available for water system related improvements are inadequate to completely fund implementation of the Water System Master Plan; D. Adequate revenues can be fairly and equitably obtained to fund the Water System Master Plan through a fee based on the extent to which new development generates additional demands on the water system. The formula establishing each fee is based on upon projected costs for the improvements and projected uses by various types of developments; E. The water system improvements constructed with funds generated by the "Water System Development Fee Ordinance" and this Resolution will specifically benefit the fee contributor by mitigating the adverse impacts such as inadequate water pressure, and storage capacity and inconveniences within the water system that will be created due to future development. Further, the specific benefit a property receives from water system improvements is generally proportional to the fee contributions made; F. The fees required by the Water System Development Fee Ordinance will be used solely to fund improvements that will increase the capacity of the water system. Such fees shall be deposited in a separate capital facilities account or fund to avoid co - mingling of fees with other revenues and funds of the City. Interest earned from the 0 0 monies in the capital account or fund shall be deposited in that account or fund and shall be expended only for the purpose for which the fees were originally collected. G. Payment of the fees or charges, notwithstanding any other provision of law, is not required until the date of final inspection, or the date the certificate of occupancy is issued, whichever occurs first, [provided that utility service fees may be collected at the time and application for utility service is received]. If the residential development contains more than one dwelling, the City of Azusa Light and Water Department may determine how the fees or charges shall be paid pursuant to any manner authorized by section 53077.5 of the Government Code. H. In accordance with Government Code Section 66001, the facts and evidence presented establish that there is a reasonable relationship between (1) the need for the public facilities described in the Water System Master Plan and the impacts from the types of development listed in Section 7 for which the corresponding fees are charged, and (2) the fee's use for which the fee is charged. These relationships are more thoroughly described in the report entitled "City of Azusa Water Facility Fee Evaluation, July 1996" which is adopted and established by this Resolution. SECTION 4. Definitions. For the purposes of this Resolution, the following terms shall be defined as follows: A. Develooment Project shall mean the construction of residential, commercial, industrial or other buildings and structures, and the addition of floor space to existing non-residential buildings and structures. Development Project shall also mean any change of use of property which requires a building permit and which will require additional water service above that which can be reasonably associated with the current use of the property or any other project involving the issuance of a permit for construction or reconstruction. B. Water System Imorovements shall mean those improvements necessary to implement the Water System Master Plan and shall include but not be limited to: construction of new reservoirs, new transmission and distribution lines, installation of new booster pumps and telemetry and control devices. C. Water System Master Plan shall mean the systematic program for upgrading the water system to be phased over the succeeding eighteen years from the effective date of this Resolution. The nature and extent of these improvements and their associated cost estimates are attached to this Resolution as "Exhibit A". D. Maximum Buildout shall mean the anticipated maximum amount of future development permitted by the General Plan and Zoning Ordinance in the City of Azusa or those of the County of Los Angeles or other city having jurisdiction over a portion of the water system service area and shall be expressed in terms of the number of undeveloped units permitted within each land use zoning category. E. Water System Service Area shall mean the service area of the City of Azusa Light and Water Department and the service area of the Azusa Valley Water Company. F. Water System shall mean the water system of the City of Azusa Light and Water Department and the water system of the Azusa Valley Water Company. The water system consists generally of piping, pumping facilities, reservoirs and treatment facilities. SECTION 5. Adoption of the Water System Master Plan. The report entitled "City of Azusa Water System Master Plan" prepared by Montgomery Watson dated March 1995 is hereby adopted and established. SECTION 6. Costs of the Water System Master Plan. The cost of implementing the Water System Master Plan is estimated to be $25,285,603. The Water System Development Fee will fund only facilities or portions of facilities which either directly serve future development or contain increased capacity for future development. These are identified in the report entitled "City of Azusa Water Facility Fee Evaluation". The portion of the estimated costs to be funded by the Water System Development Fee is $7,617,854. 2 0 0 SECTION 7. Establishment of the Amount of the Water System Development Fee. The amount of the Water System Development Fee as provided for by the Water System Development Fee Ordinance shall be as follows for each type of development: 1. Residential a. Single family residential = $507.99/dwelling unit b. Multi -family residential = 5295.55/dwelling unit 2. Commercial/Industrial a. Commercial = b. Industrial = $1.44/square foot $13,786.16/acre Water System Development Fees for developments not described above shall be designated by reference to either the most similar and current land use designation, or an existing project similar to the proposed development found to be relevant for comparison purposes by the Director of Utilities. SECTION 8. Severability. If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Resolution. The City Council hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective if the fact than any one or mor sections, subsections, phrases, or portions be declared invalid or unconstitutional. SECTION 9. The City Clerk shall certify to the adoption of this Resolution and shall cause this Resolution and its certification to be entered in the Book of Resolutions of the Council of the City. SECTION 10. This Resolution shall become effective 60 days from the date of its adoption by the City Council. PASSED AND APPROVED this 23 day of September 1 1996. ' ayor Pro—tem I hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 23 day of September , 1996, by the following vote of the Council: AYES: COUNCIL MEMBERS: HARDISON, MADRID, NARANJO, BEEBE NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: ALEXANDER