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Ord 684 ORDINANCE NO 684 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY ADOPTING UPDATED DEVELOPMENT IMPACT FEES FOR WATER SYSTEM CAPACITY AND SEWER CONNECTION WHEREAS, development projects in the City place new demands on the City's infrastructure and ability to provide services, and WHEREAS, the City Council of the City of Poway has the authority, pursuant to section 66000 et seq of the California Government Code, to levy fees upon development projects to defray all or a portion of the costs of public improvements, public services and community amenities related to the development project; and WHEREAS, Sections 5471 and 5474 of the California Health and Safety Code require that new water and sewer fees be adopted by ordinance, approved by two-thirds of the members of the legislative body; and WHEREAS, the City Council finds it necessary to mitigate the impacts of new development on water and sewer infrastructure, and to recover the proportional capital costs for City services, and WHEREAS, the City completed a comprehensive Development Impact Fee Study and resulting report, which was presented at a City Council workshop on September 9, 2008; and WHEREAS, the Development Impact Fee Study identified capital costs and the associated proportional costs to new development; and WHEREAS, an updated impact fee schedule has been developed, which is consistent with the City Council's direction at the September 9, 2008 workshop, and WHEREAS, the proposed updates to the existing impact fees for water and sewer are calculated so that they do not exceed the reasonable proportional costs of providing the services for which the impact fees are imposed; and WHEREAS, the proposed fees will supersede any previously established impact fees for the specified water system capacity fees and sewer connection fees, and WHEREAS, the adopted fees will be evaluated each year to ensure consistency with the City Council's direction to achieve cost recovery; and WHEREAS, a duly noticed public hearing has been held, allowing for public comment on the proposed adoption of said fees Ordinance No. 684 Page 2 NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Poway as follows Section 1. The foregoing recitals are true and correct, and the City Council so finds and determines. Section 2. The City Council finds and determines that the adoption of the updated and new Development Impact Fees is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations, title 14, section 15273(a)(4), and further finds that the proposed impact fees are for the purpose of funding capital projects, and are at the level necessary to maintain service levels in existing service areas, as discussed in more detail in the Development Impact Fee Study Section 3. The City Council hereby adopts the following Development Impact Fees, which shall supersede any previously established impact fees for the specified City services a. Water System Capacity Fees Proposed Fees Meter Size EDUs1 Capacity Fee 2 'y." Turbine 1 0 $ 3,026 1" Turbine 1 8 $ 5,448 1-1/2" Turbine 2.8 $ 8,474 2" Turbine 45 $ 13,619 2" Compound 45 $ 13,619 3" Compound 80 $ 24,211 4" Compound 136 $ 41,159 6" Compound 280 $ 84,739 8" Compound 51 8 $156,767 1 EDU = Equivalent Dwelling Units 2 Capacity fee = EDUs X fee per EDU ($3,026) Ordinance No. 684 Page 3 b Sewer Connection Fees - Per Unit of Development Development Type Development Proposed Fees Units 1 North 2 South 2 Residential, Rural DU $6,470 $5,836 Residential, Single-Family DU $6,470 $5,836 Residential, Multi-Family DU $6,470 $5,836 Residential, Mobile Home DU $6,470 $5,836 Commercial KSF $3,235 $2,918 Light Industrial KSF $1,078 $ 973 Industrial Park KSF $1,078 $ 973 Note Commercial fees shown in this table are for the first 2,000 square feet; industrial fees shown in this table are for the first 6,000 square feet; fees for additional building area may be based on fixture units per Resolution 96-096 1 Units of Development: DU = dwelling unit; KSF = 1,000 gross square feet of building area 2 The north service area includes the area served by the Camino del Valle lift station, the south service area includes the remainder of the sewer service area Section 4. The impact fees set forth in Section 3 above shall become effective on February 4, 2009 Section 5 This Ordinance shall require a two-thirds vote of the City Council per Sections 5471 and 5474 of the California Health and Safety Code Section 6. This Ordinance shall not be codified. Ordinance No 684 Page 4 EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30) days after the date of this passage; and before the expiration of fifteen (15) days after its passage, it shall be published once with the names and members voting for and against the same in the Po way News Chieftain, a newspaper of general circulation published in the City of Poway Introduced and first read at a regular meeting of the City Council of the City of Poway held this 2nd day of December 2008 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 16th day of December 2008, by the following roll call vote <.-. Michael P ATTEST ~- ~- ------ erk Ordinance No 684 Page 5 STATE OF CALIFORNIA ) ) ss. COUNTY OF' SAN DIEGO) I, Linda A. Troyan, City Clerk of the City of Poway, do hereby certify that the foregoing Ordinance No 684, was dul~ adopted by the City Council at a meeting of said City Council held on the 161 day of December, 2008, and that it was so adopted by the following vote AYES BOYACK CUNNINGHAM, HIGGINSON, REXFORD, CAFAGNA NOES NONE ABSENT NONE DISQUALIFIED' NONE . Troyan, MMC ity lerk City of Poway