HomeMy WebLinkAboutResolution No. 00-C710
RESOLUTION NO.00=C71
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CITY OF AZUSA
RESOLUTION NO 0 0-C 71'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE
AMOUNTS OF THE WATER SYSTEM 2000 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
1999 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, the May 24, 2000 Civiltec Memorandum, 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 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
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CITY OF AZUSA
RESOLUTION NO. 00-C71
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 monies in the capital account or fund shall be deposited in that
account orfund 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" and the Civiltec May 24, 2000
Memorandum 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. Development 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 waterservice 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 Improvements 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.
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.
CITY OF AZUSA
RESOLUTION NO. 00-C71
SECTION 5. Costs of the Water System Master Plan. The cost of implementing the
Water System Master Plan is estimated to be $25,942,960. 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
$8,237,799.67.
SECTION 6. 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:
Residential
a. Single family residential= $3,296.44/ acre, $549.41/DU
b. Multi -family residential = $5,114.26/ acre, $319.64/DU
2. Commercial/Industrial
a. Commercial = $15,531.30/ acre, $1.55/SF
b. Industrial = $14,910.05/ acre, $14,910.05 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 7. 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 Chapter. The City Council hereby declares that it would
have adopted this Chapter 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 8. 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.
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CITY OF AZUSA
RESOLUTION NOD 0 -C71
)th day of July _'2000.
I hereby certify that the foregoing Resolution was duly adopted b the City Council
of the City of Azusa at a regular meeting thereof, held on thelOth day of
July , 2000, by the following vote of the Council:
AYES: COUNCIL MEMBERS: HARDISON, STANFORD, ROCHA, BEEBE, MADRID
NOES: COUNCIL MEMBERS: NONE
ASSENT: COUNCIL MEMBERS: NONE
AMvaler annex fee 6.12-200.wpd