Res 01-042RESOLUTION NO. 01-042
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, ESTABLISHING A DEVELOPMENT
FEE UPON DEVELOPMENT WITHIN THE BOUNDARIES
OF ASSESSMENT DISTRICT NO. 2001-1 (OLD COACH
ROAD WATER LINE PROJECT)
WHEREAS, on June 5, 2001, the City Council of the City of Poway (the "City
Council") adopted Resolution No. 01-041 establishing Assessment District No.
2001-1 (Old Coach Assessment District) ("Assessment District No. 2001-1") under the
provisions of the Municipal Improvement Act of 1913 (Division 12 of the California
Streets and Highways Code) for the purpose of financing the purchase of certain water
line improvements (the "Facilities") in the Old Coach Road area (the "Service Area");
and
WHEREAS, the City Council established the amount of the assessment based
on one single family house currently located or to be located on each parcel within the
Service Area; and
WHEREAS, it is possible that more than one single family house could be
developed on some of the parcels within the Service Area; and
WHEREAS, any such additional single family houses which are constructed
within the Service Area would benefit from the Facilities; and
WHEREAS, any development which is constructed on the parcel designated as
Assessor's Parcel No. 277-020-11-00 (the "Additional Parcel"), which is located outside
of but adjacent to the Service Area, would also benefit from the Facilities if such
development is connected to the Facilities, and shall be deemed to be a part of the
Service Area for the purposes of this Resolution if such development is connected to
the Facilities; and
WHEREAS, the City Council is authorized pursuant to Government Code Section
66000, et seq., to impose a fee as a condition of approval of a development project (the
"Development Fee"), which Development Fee does not exceed the estimated
reasonable cost of providing the service or facility for which the fee is imposed; and
WHEREAS, in taking action to impose a Development Fee, the City Council is
required pursuant to Government Code Section 66001 to:
· identify the purpose of the Development Fee,
· identify the use to which the Development Fee is to be put,
· determine how there is a reasonable relationship between the
Development Fee's use and the type of development project on which the
Development Fee is imposed,
Resolution No. 0].-042
Page 2
determine how there is a reasonable relationship between the need for the
public facility and the type of development project on which the
Development Fee is imposed, and
determine how there is a reasonable relationship between the amount of
the Development Fee and the cost of the public facility attributable to the
development on which the Development Fee is imposed; and
WHEREAS, the City Council has heretofore received, reviewed and approved
the Old Coach Road Waterline Project Development Fee Report prepared by Harris &
Associates (the "Engineer") under and pursuant to Government Code Section 66000, et
seq. (the "Development Fee Report"), which Development Fee Report is hereby
incorporated by reference into this Resolution; and
WHEREAS, the Development Fee Report discusses the use and purpose of the
Development Fee, and the relationship between the Development Fee and the type of
development, the need for the Facilities and the type of Development, and the amount
of the Developer Fee and the cost of the Facilities; and
WHEREAS, the Development Fee Report sets forth the Development Fee
applicable with respect to each parcel within the Service Area on which an application is
made to the City for approval of the development of an additional single-family house.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1. The above recitals are all true and correct.
Section 2. The City Council hereby finds and determines that the purpose of the
Development Fee is to provide for the construction of capacity of the water supply and
distribution system for the Service Area.
Section 3. The City Council hereby finds and determines that the use to which
the Development Fee is to be put is to pay for the construction costs of the Facilities for
the Service Area, which may include reimbursement of costs paid by other landowners
in order to expedite construction, which funds will be used to pay down the bonds
issued by the City and to reimburse funds to property owners of properties that have
prepaid their assessments. Payment will be made to the owner of the property who
owns the property at the time of payment of the Development Fee.
Section 4. The City Council hereby finds and determines that there is a
reasonable relationship between the Development Fee's use and the type of
development project on which the Development Fee is imposed because the Facilities
were constructed for ultimate conditions such that the new single family houses will
Resolution No. 01-042
Page No. 3
have a reliable source of water available to them, with developments that will connect
into the main line paying for a pro rata share of the main line, and with developments
that will hook into the lateral lines paying for a pro rata share of both the main line and
the applicable lateral line.
Section 5. The City Council hereby finds and determines that there is a
reasonable relationship between the need for the public facility and the type of
development project on which the Development Fee is imposed because the Facilities
will distribute a reliable source of water to all parcels within the Service Area with
potential to develop, which will provide fire protection as well as potable water, which
are needed in order for additional development to occur on those parcels.
Section 6. The City Council hereby finds and determines that there is a
reasonable relationship between the amount of the Development Fee and the cost of
the public facility attributable to the development on which the Development Fee is
imposed because the Development Fee amounts have been determined based on the
actual cost of the Facilities and the number of units connected to the Facilities, which
represent each parcel's fair share of the cost of the main line and lateral line water
Facilities serving the Service Area.
Section 7. The City Council hereby adopts the Development Fee in the amounts
which are set forth in the Development Fee Report.
Section 8. Any Development Fees which are collected pursuant to this
Resolution shall be used for the repayment of prepaid assessments, for credits against
current assessments, and for the redemption of bonds issued pursuant to Assessment
District No. 2001-1, as provided pursuant to Streets and Highways Code Section 10427.
Section 9. This Resolution shall take effect 30 days after its final passage in
accordance with the provisions of Section 36937 of the Government Code.
Resolution No. 01-042
Page 4
PASSED, ADOPTED and APPROVED by the City Council
State of California, this 5th day of June, 2001.
A'I-I-EST:
L"~i Anne Peoples, City Clerk
the City of Poway,
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. 01-042was duly adopted by the City
Council at a meeting of said City Council held on the 5th day of June 2001, and that it
was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
GOLDBY, HIGGINSON, CAFAGNA
NONE
NONE
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n:\city\agenda\0605devfeeresolution.doc