HomeMy WebLinkAbout2007-03-13 - RESOLUTIONS - SAND CANYON SEWER FEE (2)RESOLUTION NO. 07-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, ESTABLISHING THE
SAND CANYON SEWER CONNECTION FEE
WHEREAS, the Preserve in Sand Canyon, LLC, a California Limited Liability Company
(the "Developer") has oversized a Sanitary Sewer Trunk Line along Sand Canyon Road between
Mandalay Road and Live Oak Springs Road, as a condition of approval of development;
WHEREAS, the Developer has requested reimbursement from surrounding property
owners who benefit from and choose to connect to the Sanitary Sewer improvements;
WHEREAS, these sewer improvements are necessary for the health and safety of local
residents within the Sand Canyon Sewer Area;
WHEREAS, the Developer acknowledges that a portion of the Sand Canyon sewer area
will be overlaid. As such, pursuant to City Council direction, the City is prohibited from issuing
any permits to dig into the road, unless there is an emergency,for a period of five
years. Therefore property owners affected by the overlay must connect prior to the overlay or
wait a period of five years. Under both circumstances, the property owner will still be required
to pay both the Connection Fee and the Application Fee;
WHEREAS, the Developer also acknowledges that if no permits are issued, then
potentially, for a period of at least 5 years, members of the public would not be paying sewer
connection fees unless as previously noted, there is an emergency;
WHEREAS, the City has hired a consultant to conduct a fair share study (the "Study"),
which accompanies the staff report, to determine the benefiting property owners' proportionate
share of costs for the sewer line based on Equivalency Connection Units (ECUs). The Study
describes a Connection Fee and an Application Fee;
WHEREAS, the Connection Fee is to reimburse the Developer for costs not attributable
to its development project, but for surrounding property owners and future development that
benefit from and connect to the oversized sewer line;
WHEREAS, the total construction costs of the sewer line and associated administrative
costs to administer the Study is $1,071,834.12;
WHEREAS, Pursuant to the Mitigation Fee Act, Government Code Section 66016, the
Connection Fee and Application Fee described in the Study do not exceed the reasonable costs of
providing the service.
NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as
follows:
SECTION 1. Recitals. The above recitals are true and correct.
SECTION 2. Connection Fee. Benefiting property owners, within the Sand Canyon
Area, as such area is defined in the Study, that connect to the sewer line, with the exception of
the Developer, shall be required to pay a fee to connect to the sewer trunk line and an
Application fee. The amount of the Connection Fee shall be calculated using the appropriate
number of ECUs, at the time of connection, for the proposed project and is payable upon
obtaining a lateral sewer permit from Building and Safety.
The Connection Fee per ECU is $1,837.85. The connection fee per ECU will not be
subject to annual escalations. The Application Fee for the connection to the Sand Canyon Sewer
Line is $76.65 per application and will be subject to annual escalation each fiscal year based on
the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles -Riverside -Orange
County for the December of the preceding fiscal year.
The Sand Canyon Sewer Connection Roll, detailing each parcel's proposed Connection
Fee, within the Sand Canyon Sewer Area, is on file with the City Clerk and open for public
inspection.
Should the assigned ECUs per parcel change as a result of development, a new ECU
calculation for that parcel will be performed and the corresponding Connection Fee and its
associated Application Fee will be calculated and collected.
SECTION 3. Use of Fee. The proceeds of the Connection Fee shall be used to
reimburse the Developer for the costs of sewer improvement. The Developer will be reimbursed
no later than thirty days of the City's collection of payment from the benefiting property
owners. The proceeds of the application fee shall be used to defray the administrative costs in
administering the fee.
SECTION 4. Termination of Fee. The Connection Fee and its associated Application
Fee will sunset on May 14, 2027 20 years after its effective date, or when payments to the
Developer total $954,211.72, whichever occurs first.
SECTION 5. Boundaries. The general location and boundaries of the Sand Canyon
Sewer Connection Fee area are shown on maps on file in the office of the City Clerk and are
incorporated herein by reference and open to public inspection.
SECTION 6. The City Clerk shall certify to the adoption of this Resolution.
2
PASSED, APPROVED AND ADOPTED this 13th day of March, 2007.
ATTEST:
CITY CLERK
STATE OF CALHORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a
"— regular meeting thereof, held on the 13th day of March, 2007, by the following vote:
AYES: COUNCILMEMBERS: Weste, Kellar, Boydston, Ferry, McLean
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL RESOLUTION
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true
and correct copy of the original Resolution No. 07-13, adopted by the City Council of the City of
Santa Clarita, California on March 13, 2007, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this __ day of
20_.
Sharon L. Dawson, CMC
City Clerk
Rv
Susan Coffman
Deputy City Clerk