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HomeMy Public PortalAboutOrdinance 797ORDINANCE NO. 797 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA DECLARING ITS INTENT TO REQUIRE PAYMENT OF DEVELOPMENT IMPACT FEES FOR SEWER TRUNK MAIN AND BRIDGE AND MAJOR THOROUGHFARE FACILITIES, APPOINTING TIME AND PLACE OF A PUBLIC MEETING AND OF A PUBLIC HEARING AND DIRECTING NOTICE THEREOF, DESCRIBING PROPOSED BOUNDARIES OF BENEFIT AREA AND DIRECTING FILING OF BOUNDARY MAP WHEREAS, California State law, including Sections 66007, 66013, 66483 and 66484 of the Government Code authorize the establishment of an area of benefit and the collection of development impact fees for the purpose of defraying the costs of public facilities, improvements and amenities related to new development, including sewer trunk main, bridge and major thoroughfare facilities; and WHEREAS, the City Council of the City of Beaumont has determined to undertake the construction of certain major infrastructure known as the Westside Infrastructure Project as described in Exhibit A hereto (the "Improvements"), and WHEREAS, with respect to the sewer trunk main facilities, aMaster Sewer Plan has been adopted and may be amended from time to time for the area of benefit, which serves as the basis of an estimate of the total costs of constructing the sanitary sewer facilities required by the plan and a map of such area showing its boundaries and the location of facilities; and WHEREAS, with respect to the bridge and major thoroughfare facilities, such facilities are further described in (i) the General Plan of the City of Beaumont, including the Circulation Element of the General Plan of the City of Beaumont and the transportation provisions thereof which require crossings for railway, freeway and streams, and (ii) the provisions of the Circulation Element which identify those major thoroughfares whose primary purpose is to carry through -traffic and provide a network connecting to the state highway system; and WHEREAS, the City of Beaumont has analyzed the growth of population and the increase in sewer and traffic generated thereby and the major sewer trunk main, bridge and thoroughfare transportation facilities required in proportion to the growth; and WHEREAS, the City of Beaumont has concluded that the development impact fees established herein would generate revenues sufficient to install sewer trunk main, bridge and major thoroughfare transportation facilities; and WHEREAS, there is a correlation between growth and the need for additional sewer trunk main, bridge and major thoroughfare transportation facilities, and the development impact fees established hereunder will fund sewer trunk main, bridge and major thoroughfare improvements that are required by the additional new development; and BMFORD4.wpd/LR/270 WHEREAS, the City Council has determined to undertake the construction of the Improvements in conjunction with City of Beaumont Community Facilities District No. 93-1 ("CFD No. 93-1") and the City of Beaumont Assessment District No. 98-1 (Westside Infrastructure Project) and has determined to finance a portion of the costs of the Improvements from fees required to be paid and collected as provided in and authorized by California law; and WHEREAS, pursuant to law, the City Council of the City of Beaumont has enacted this Ordinance (the "Ordinance"), in order to impose certain fees collected at issuance of building permits; provided however, that (i) the fees for sewer trunk main Improvements may be collected at the time a connection to the City sewer system is made and (ii) the fees for sewer trunk main or transportation Improvements may be imposed as a condition of recordation of a final map in order to defray a portion of the actual or estimated cost of constructing the Improvements (other than property included within CFD No. 93-1 and Assessment District No. 98-1, which finances its share of such costs through CFD No. 93-1 or Assessment District No. 98-1); and WHEREAS, the public interest, convenience and necessity require, and this City Council intends to order the acquisition and construction of the Improvements and the imposition and collection of said fees to defray the costs thereof; and WHEREAS, a public meeting and a public hearing will be held, pursuant to notice as herein provided, for the purpose of establishing the boundaries of the territory more particularly identified on Exhibit B hereto (the "Area of Benefit") of the Improvements, the estimated costs of the Improvements and the method of allocation of said costs to the Area of Benefit and fee apportionment; and WHEREAS, at least 10 days prior to the meeting on the proposed development impact fees, the Director of Public Works shall make available to the public data indicating the amount of costs or estimated costs required to provide the facilities for which each fee is levied and the revenue sources anticipated to provide the facilities; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and determines that new development in the City of Beaumont increases the demand for sewer trunk mains and bridge and major thoroughfare facilities and the amount of traffic utilizing the City's street system thereby requiring the installation and upgrade of sewer trunk main, bridge and major thoroughfare facilities at specified locations to improve sewer trunk main and transportation facility capacity, in order to protect the public health, safety and welfare, and that such development should pay its fair share of such improvements. Section 2. Purpose. The purpose of this Ordinance is to make provision for the establishment of an area of benefit and the assessing and collecting fees, herein referred to as "Westside Infrastructure Project Area of Benefit Development Impact Fees," as a condition of development of property to be collected at the issuance of building permits; provided, however, that the fees for sewer trunk main Improvements may be collected at the time a connection to the City sewer system is made and provided further that the City Council may, if so provided in a resolution 2 BMFORD4.wpd/LR/270 or resolutions, impose the Westside Infrastructure Project Development Impact Fees for sewer trunk main and/or transportation Improvements as a condition of filing a final map for the purpose of defraying the actual or estimated costs of construction of the Improvements as set forth in Section 4 below. Section 3. Definitions. Whenever the following words are used in this Ordinance, they shall have the following meaning: a. "Construction" means, without limitation, design, acquisition ofright-of-way, administration of construction contracts and actual construction and such other items as may be authorized by laws of the State of California. b. "Dwelling Unit" means a building or portion thereof or a mobile home space or a mobile home or manufactured house designed primarily for residential occupancy. The term "dwelling" shall not include hotels or motels. c. "Equivalent Dwelling Unit" means one Non -Residential Unit or one Dwelling Unit or one Mobile Home Space. d. "Improvements" means sewer trunk mains, sewage force mains and lift stations, bridge improvements and major thoroughfare transportation improvements known as the Westsside Infrastructure Project and as further described in the Master Sewer Plan, and the Circulation Element of the General Plan as they may be amended from time to time, for the area delineated in a map showing the boundaries of the area of benefit and the location of such improvements (the "Area of Benefit") and which improvements are described in Exhibit A which sets forth estimates of the total costs of construction of the Westside Infrastructure Project. e. "Mobile Home Space" as defined in Section 13.21.040 of the Beaumont Municipal Code. f. "Non -Residential Unit" means each gross acre (or fraction thereof) of retail, commercial and industrial development which is designed primarily for non -dwelling use, but shall include hotels and motels. A Non -Residential Unit is equal to 10.0 Dwelling Units for sewer trunk main facilities and 17.15 Dwelling Units for transportation facilities. g. "Westside Infrastructure Project Major Thoroughfare Transportation Facilities Fund" means the Major Thoroughfare Transportation Facilities Fund - Westside Infrastructure Project established pursuant to the terms of this Ordinance. h. "Westside Infrastructure Planned Local Sanitary Sewer Fund" means the Planned Local Sanitary Sewer Fund - Westside Infrastructure Project established pursuant to the terms of this Ordinance. Section 4. Payment of Fees Required. Fees for such purpose shall be imposed upon new construction within the Area of Benefit and shall be imposed and payable the date a building permit is issued, provided, however, that, the Westside Infrastructure Development Impact 3 sMFORD4.wpda.w270 Fee for sewer trunk main Improvements may be collected at the time a connection is made to the City sewer system and provided further that as described below, the City Council may require, by adoption of a resolution or resolutions, that the Westside Infrastructure Development Impact Fees for sewer and/or transportation Improvements shall be imposed upon the earliest of (i) recordation of a final map or (ii) issuance of a building permit if the final map was recorded prior to the effective date of such resolution or resolutions. With respect to the Westside Infrastructure Project Development Impact Fee for sewer trunk main Improvements, such Westside Infrastructure Project Development Impact Fee shall apply to those parcels for which the tentative map, or parcel map if no tentative map is required, had not been filed 30 days prior to the adoption of this Resolution and such parcels shall otherwise pay such Westside Infrastructure Project Development Impact Fee the date of final inspection or the date a certificate of occupancy is issue, whichever occurs first. If the Westside Infrastructure Project Development Impact Fee for sewer trunk main Improvements is imposed upon recordation of a final map or issuance of a building permit by a future resolution of the City, such Westside Infrastructure Project Development Impact Fee shall apply to those parcels for which the tentative map, or parcel map if no tentative map is required, had not been filed 30 days prior to the adoption of such resolution by the City Council and such parcels shall otherwise pay such Westside Infrastructure Project Development Impact Fee the date a building permit is issued. Computation of the amount required to be paid shall be made by the Director of Public Works or a designated representative. Upon adoption of a resolution or resolutions by the City Council, the City Council may determine that Westside Infrastructure Project Development Impact Fees for sewer and/or transportation Improvements shall be collected upon the earliest of recordation of a final map or issuance of a building permit if the final map was recorded prior to the effective date of such resolution or resolutions. The Westside Infrastructure Project Development Impact Fees are collected for Improvements to be paid for from the Facilities Funds (described below) and for which moneys are being appropriated and for which the City has adopted a proposed construction schedule or plan as of the date hereof or the fees or charges are to reimburse the City for expenditures which have been previously made as authorized by Sections 66007, 66013, 66483 and 66484 of the California Government Code. Section 5. Map. Subject to the public meeting and hearing process, the City Council hereby determines that the proposed boundaries of the Area of Benefit is as described in the map attached hereto as Exhibit B. The Map showing the general nature, location and extent of the proposed Improvements and showing the boundaries of the territory containing the lands proposed to be charged with fees to pay the costs and expenses of the proposed Improvements entitled PROPOSED BOUNDARIES OF AREA OF BENEFIT 99-1 (Westside Infrastructure Project) (the "Map of the Area of Benefit") is hereby approved and adopted in the form attached hereto and made a part hereof as Exhibit B. Section 6. Filing of Map. The original Map of the Area of Benefit and one copy thereof shall be filed in the office of the City Clerk. Section 7. Governing for Details. The Map indicates by boundary line the extent of the territory included in the Area of Benefit and shall govern for all details as to the extent of such area, reference to such Map being hereby made for particulars. 4 BMFORD4.wpd/LR/270 Section 8. Certification of Adoption. A Certificate evidencing the date and adoption of this Ordinance shall be endorsed on the original Map of the Area of Benefit and on at least one copy thereof. Section 9. Fees. The proposed fees to be imposed upon construction of all non- residential units, dwelling units and mobile home spaces per equivalent dwelling unit within the Area of Benefit are set forth in Exhibit A. Notwithstanding anything herein to the contrary, the amount of the fees set forth in Exhibit A attached hereto shall escalate each year until paid by an amount equal to the cumulative percentage increases in the Building Cost Index of the Engineering News Record Index published for the month nearest the effective date of this Ordinance. If any fee is not fully paid (or required to be paid) prior to the issuance of a building permit for construction of the residential development encumbered thereby, the City may require the property owner, or Lessee if the Lessee's interest appears of record, as a condition of issuance of the building permit, to execute a contract to pay the fee or charge, or applicable portion thereof, within the time required by Section 4 hereof, as set forth in Section 66007 of the Government Code. Section 10. Estimated Costs. The estimate of the costs of the acquisition and construction of the Improvements, as contained in the Master Sewer Plan and the Circulation Element of the General Plan of the City, is $43,196,758.19 and the City Council of the City of Beaumont hereby finds and determines that, of said amount, approximately $43,196,758.19 shall be paid through the imposition and collection of fees pursuant to the Ordinance. Section 11. Improvements Are In Addition To Existing Facilities. The sewer trunk main Improvements are in addition to existing facilities serving the Area of Benefit at the time of adoption of the Ordinance and at the time of adoption of the Master Sewer Plan. The bridge and major thoroughfare Improvements are in addition to, or reconstruction of, existing facilities serving the Area of Benefit at the time of adoption of the Ordinance. Section 12. Council Review of Improvements. The City Council of the City of Beaumont hereby declares that it has reviewed the Improvements presented to the meeting and attached hereto as Exhibit A. Section 13. Subdivision Requires Construction of the Improvements. The City Council of the City of Beaumont hereby finds that subdivision and development of property within the planned local area will require construction of the Improvements and the fees are fairly apportioned within such areas on the need for such facilities created by the proposed subdivision and development of property within such areas. A failure to condition or deny a permit, approval, extension or entitlement on payment of the Westside Development Impact Fees would place residents within the Area of Benefit and in the City in a conditon dangerous to their health and safety. Section 14. Apportionment of Costs. Subject to the public meeting and public hearing process, the City Council of the City of Beaumont hereby determines that the fair method of apportionment of the costs of the Improvements to the Area of Benefit and that the method of apportionment of the fee shall be as set forth in Exhibit A hereto based on equivalent dwelling units. The method of apportionment with respect to the major thoroughfares shall not provide for higher 5 BMFORD4.wpd/LR/270 fees on land which abuts the proposed Improvements, except where the abutting property is provided direct usable access to the major thoroughfare. The City Council of the City of Beaumont hereby finds and determines that the fees are fairly apportioned within the Area of Benefit on the basis of the need for such Improvements created by the proposed subdivision and development of property within the Area of Benefit. The City Council further finds and determines that there is a reasonable relationship between (i) the fees' use and the types of development projects on which the fees will be imposed and (ii) the need for the Improvements and the types of development projects on which the fees will be imposed. Section 15. Deposit of Fees: Restriction on Expenditure of Fees. Fees for such purposes shall be paid to the City of Beaumont and shall be deposited into the following funds created for the Area of Benefit: (i) the Westside Infrastructure Project Planned Local Sanitary Sewer Fund; and (ii) the Westside Infrastructure Project Major Thoroughfare Transportation Facilities Fund. Moneys deposited into such funds shall be expended solely for the construction or reimbursement for construction of the applicable Improvements serving the Area of Benefit or to reimburse the City of Beaumont for the cost of engineering and administrative services to form the Area of Benefit and to design and construct the Improvements. The payment of fees shall not be required unless the Improvements are in addition to, or a reconstruction of, any existing major infrastructure serving the Area of Benefit at the time of adoption of the Area of Benefit. The payment of fees with respect to a bridge shall not be required unless the planned bridge facilities, which are components of the Improvements, is an original bridge serving the Area of Benefit or an addition to an existing bridge serving the Area of Benefit at the time of the adoption of the boundaries of the Area of Benefit. The fees shall not be expended to reimburse the costs of existing bridge facility construction. Section 16. City Is Not Obligated to Advance Available Funds. In its sole discretion, the City Council of the City of Beaumont may advance moneys from its general fund, from moneys made available by the Beaumont Redevelopment Agency, CFD No. 93-1 or any sewer, water or transportation fund to pay the costs of constructing the Improvements and may reimburse the general fund, the Agency, CFD No. 93-1 or the sewer trunk main or transportation fund for such advances from fees deposited in the applicable Facilities Fund for the Area of Benefit. Section 17. City May Incur Interest Bearing Indebtedness. In its sole discretion, the City Council of the City of Beaumont may incur, or cooperate with the Agency with respect to the Agency incurring, interest bearing indebtedness for the construction of the Improvements; provided that the sole security provided by the City for repayment of such indebtedness shall be moneys in the applicable Facilities Fund. Section 18. Agreement for Reimbursement; Agreement for Fee Credits. If the proposed Improvements are installed by any owner of property within the Area of Benefit, the City may enter into an agreement with such property owner to reimburse the property owner, pursuant to Section 66486 of the Government Code. Section 19. Calculation of Fee. The calculation of any fee required to be paid under the provisions of this Ordinance shall be based upon the fee schedule in effect at the time of actual payment. 6 BMFoRB4.wpdaR/270 Section 20. Exemptions. The following types of development shall not be required to pay the Westside Infrastructure Project Development Impact Fees: a. The replacement of existing development, provided that the replacement occurs within 3 years of the date of destruction, contains the same number of equivalent dwelling units and does not add new square footage; and b. The rehabilitation or remodeling of existing development that does not add square footage or residential dwelling units. Section 21. Appeals. In addition to any statutorily -authorized protest procedure, any person aggrieved by the computation of fees pursuant to this Ordinance shall have the right to appeal the computation to the City Council by filing a written notice of appeal no later than 15 days from the date of the computation. Written notice shall be filed with the City Clerk and state the objections of the person filing the notice. The City Clerk shall set the matter for hearing at the next regular City Council meeting at least 21 days after the date the appeal was filed. The City Clerk shall give notice of the time and place of the hearing before the City Council to all interested parties. The decision of the City Council shall be final. Section 22. Judicial Review. In accordance with the Government Code of the State of California, any judicial action or proceeding to attack, review, set aside, void or annul this Ordinance shall be commenced within 120 days of the date of adoption of this Ordinance. California Code of Civil Procedure, Section 1094.6 is hereby adopted and made applicable to any judicial review of any decision made by the City Council, or its agents, representatives or employees. Section 23. Public Meeting. December 14, 1999 at the hour of 6:00 p.m., in the City Council Chambers, 550 East Sixth Street, Beaumont, California, be, and the same are hereby appointed and fixed as the time and place when and where the City Council of the City of Beaumont will hold a public meeting, at which oral or written presentations can be made, as part of a regularly scheduled meeting relating to the matters set forth herein. Section 24. Public Hearing. December 28, 1999 at the hour of 6:00 p.m., in the City Council Chambers, 550 East Sixth Street, Beaumont, California, be, and the same are hereby appointed and fixed as the time and place when and where the City Council of the City of Beaumont will consider and finally determine the boundaries of the Area of Benefit, the Improvements, the estimated costs of the Improvements, and the fair method of allocation of costs of the Improvements to the Area of Benefit and fee apportionment and all other matters set forth in this Ordinance. Section 25. Testimony and Written Protests. At any time not later than the hour set for hearing objections to the proposed Improvements, any owner of property to be benefitted by the Improvements, may file a written protest against the proposed Improvements, the estimated costs of the proposed Improvements, the allocation of costs to the parcels of property within the Area of Benefit or against the extent of the Area of Benefit or against any other matters contained in this Ordinance. Such protests may be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same and if the signers are not shown on 7 BMFORD4.wpd/LR/270 the last equalized assessment roll as the owners of such property, must contain or be accompanied by written evidence that such signers are the owners of such property or have legal authority to act for the owners of such property. All such protests shall be delivered to the City Clerk and no other protest or objections shall be considered. My protests may be withdrawn by the owners making the same, in writing, at any time prior to the conclusion of the public hearing. If within the time when protests may be filed there is a written protest, filed with the City Clerk, by the owners of more than one-half of the Area of Benefit by the Improvements and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefitted, then the proceedings shall be abandoned and the City Council shall not for one year from the filing of that written protest, commence or carry on any proceedings for the same Improvements. If any majority protest is directed against only a portion of the Improvements, then all further proceedings under the provisions of Sections 66007, 66013, 66483 or 66484 of the Government Code to construct that portion of the Improvements so protested against shall be barred for a period of one year, but the City Council may commence new proceedings not including any part of the Improvements so protested against. Nothing prohibits the City Council, within that one- year period, from commencing and carrying on new proceedings for the construction of a portion of the Improvements so protested against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the Area of Benefit are in favor of going forward with that portion of the Improvements. Section 26. Determinations After Public Hearing. After the public hearing, the City Council shall make the determinations required hereby and decide whether or not to confirm the Area of Benefit. The City Council shall announce its decision by Resolution, which shall be recorded with the Recorder of the County of Riverside. There will be established by the Ordinance fees for the purpose of defraying the actual or estimated cost of constructing the Improvements as described in such Resolution and the Ordinance as the City Council may adopt pursuant to the Ordinance and the Resolution. Such apportioned fees shall be applicable to all property within the Area of Benefit and shall be payable as described herein. Section 27. Publication and Postinj of Notice of Public Meeting and Public Hearing. The City Clerk of the City of Beaumont shall cause notice of said meeting and said hearing and preliminary information relating to the boundaries of the Area of Benefit, estimated costs of the Improvements and method of fee apportionment to be given by publication two times in The Record Gazette, a newspaper published and circulated in the City of Beaumont, and by conspicuous posting of said notice in at least three public places within the boundaries of the City, including one public place within the Area of Benefit. Said notice and posting shall be completed at least fourteen (14) days before the date herein set for said meeting. Said notices shall be headed "Notice of Public Meeting and Public Hearing." Section 28. Mailed Notice of Public Meeting and Public Hearing. The City Clerk of the City of Beaumont also shall cause notice of said meeting and of said hearing, consisting of a copy of this Ordinance (or a summary thereof), together with preliminary information relating to the boundaries of the Area of Benefit, estimated costs of the Improvements and method of fee 8 BMFORD4.wpd/LR/270 apportionment, to be mailed, postage prepaid, at least fourteen (14) days prior to the date herein set for said meeting, (a) to all persons owning real property within the boundaries of the proposed Area of Benefit, as shown on the latest equalized assessment roll; (b) to each local agency expected to provide water, sewer, streets, roads, schools or other essential facilities or services to the Area of Benefit, whose ability to provide those facilities and services may be significantly affected by the Improvements; (c) to all owners of real property as shown or the latest equalized assessment roll within 300 feet of the Area of Benefit; and (d) to any interested party who files a written request with the City for mailed notice of the meeting on new or increased fees or service charges; provided that in lieu of the assessment roll, the City may use records of the County Assessor or the Tax Collector which contain more recent information than the assessment roll and provided further that if the number of owners to whom notice would be mailed is greater than 1,000, in lieu of mailed notice, the City Clerk may provide notice by placing a display advertisement of at least one-eighth page in The Record Gazette at least 10 days prior to the date of the meeting. Section 29. Availability of Data. At least 10 days prior to the meeting, the City shall make available to the public data indicating the amount of cost or estimated cost required to provide the facilities for which the fees are levied and the revenue sources anticipated to provide the facilities. Section 30. Five Year Review of Expenditures. For the fifth fiscal year following the first deposit into any of the funds created herein, the City shall make the findings, if any, with respect to that portion of the fund remaining unexpended, whether committed or uncommitted required by Section 66007 of the Government Code. Section 31. Ordinance Shall Not Be Codified. This Ordinance shall not be codified. Section 32. Notice of Adoption of Ordinance. The City Clerk of the City of Beaumont is hereby directed to publish this Ordinance once within fifteen (15) days following its adoption in The Record Gazette, a newspaper of general circulation published in the City of Beaumont; provided, that in lieu of publication of the entire text of the Ordinance, the City Clerk may prepare and publish a summary of the Ordinance with the names of those City Council members voting for and against the Ordinance. The City Clerk shall post a certified copy of the full text of the adopted Ordinance in the office of the City Clerk. Section 33. Severability. If any section, subsection, sentence, clause or phrase is for any reason held to be invalid or unconstitutional by decision of any court of competent 9 BMFORD4.wpd/LR/270 jurisdiction, such decision shall not affect the validity of the remaining portions. The City Council hereby declares that it would have passed those sections, subsections, clauses and phrases irrespective that one or more may be declared invalid or unconstitutional. Section 34. Effective Date. This Ordinance shall be in full force and effect 60 days from and after its adoption on December 14 , 1999. 10 BMFORD4.wpd/LR/270 MOVED. PASSED AND APPROVED this 9`1 day of November, 1999 by the following vote: AYES: NOES: ABSTAIN: ABSENT: None. Mayor Leja, Council Members Westcot, Berg, DeForge, and Zeller. None. None. MOVED, PASSED AND ADOPTED this 14th day of December , 1999 by the following vote: AYES: Mayor Leja, Council Members Westcot, Berg, DPForge, and Zeller. NOES: None ABSTAIN: None ABSENT: None ATTEST: City Clerk A �� Mayor of the City of Beaumo CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 797 duly introduced at a regular meeting of the City Council held on November 9, 1999 and duly adopted upon the second reading on Dec. 14 , 1999 by the roll call votes indicated therein (SEAL) City Clerk, 11 BMFORD4.wpd/LR/270 EXHIBIT A DESCRIPTION OF IMPROVEMENTS AND METHOD OF APPORTIONMENT OF FEE A-1 BMFORD4.wpd/LR/270 EXHIBIT B MAP OF IMPROVEMENTS AND AREA OF BENEFIT B-1 BMFORD4.wpd/LW27O