Loading...
HomeMy WebLinkAboutCity Council Resolution 941 RESOLUTION NO, 941 RESOLUTION ESTABLISHING FEES FOR PRO-RATA EROSION, DRAINAGE AND FIRE PROTECTION REQUIRED BY ADDITIONAL DEVELOPMENT IN THE WESTERN FOOTHILL SECTORS OF SARATOGA AND OTHER PROPERTIES DRAINING INTO THE CALABAZAS DRAINAGE BASIN WHEREAS in the western foothill sectors of the City of Saratoga, and other properties draining into the Calabazas drainage basin, there exists present and proposed residential development which has, and will in the future have, the effect of increasing the risk, inter alia, of erosion, flooding and fire on a quasi-regional basis, beyond the bounds of any single subdivision development, and WHEREAS the imposition of the full obligation on one or more subdividers to initially stand the cost and expense of installing substantial supplemental out-of-tract facilities, subject to the possibility of later reimbursement by subsequent developers, fre- quently becomes unwieldy when designed to service large areas, and WHEREAS an alternate to such reimbursement procedures, this City feels it to be more equitable to raise necessary funds for such services required by such development on a pro-rata basis, by the payment of set fees for said purposes at the time of and as a condi- tion of issuance of Building Permits, and have the City contract for and/or coordinate the installation of such area-wide facilities, and WHEREAS in supplementing this policy this Cityls Advisory Agency has, at the time of tentative subdivision map approval, been imposing as one of the conditions of such approval, a condition reading substantially as follows: "Require the subdividers to participate on a pro-rata basis in the capital cost of required major traffic, flood control, or fire improvements (including Pierce Road improvements, a new fire station, drainage improvements for Calabazas Creek, water and sewer improvements)". AND WHEREAS it is the desire of this Council to implement such conditions as heretofore imposed, and as may hereafter be imposed on other subdivisions in said area, to establish a monetary figure for such proration on a per-lot basis, and WHEREAS, reference is hereby made to the reports and recommenda- tions of the Director of Inspector Services, one under date of January la, 1980, as to flood and erosion control, and the other under date of January 21, 1980, as to a new fire station, which reports are hereby approved and incorporated herein by reference, and which reports set forth bases for the computation of the herein- after set forth fees. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: Section 1: In all site and subdivision development in the above-referenced Western Foothill Sector of Saratoga and other pro- perties draining into the Calabazas drainage basin, whenever a condition is hereafter imposed, where the subdivider is required to participate on a pro-rata basis in the capital costs of flood or erosion control facilities or fire improvements (or such other off- tract improvements as this resolution may hereafter from time to -1... time be amended to include), at the time of issuance of a Building Permit for any structure on a lot, and as a condition precedent to the issuance of such permit, the lot owner shall pay the follow- ing fees to the City for the following purposes: Flood and Erosion Control: A fee of $1,000.00 per lot; Fire Protection: A fee of $477,00 per lot. Section 2: The flood and erosion control fees shall be kept in a special account by City, and shall only be used for flood and/or erosion studies, design and improvements in the Western Foothill Sector of Saratoga and other properties draining into the Calabazas drainage basin. Said fees shall be reviewed annually and adjusted as necessary. The fire protection fees shall be kept in a special account by City and shall only be used for needed studies, design and construction of a fire sub-station for use by the Saratoga Fire District, such station to be located in the general area of Pierce Road-Mount Eden Road. Section 3: Credits against the above fees shall be allowed by City up to 90% of such fees, for such off-tract work of the sub- divider as directly contributes to erosion or flood control for the area, the granting of lands or easements therein for erosion, flood control or fire station purposes, or the building of such fire station or supplying any facilities therefor, Such credit shall be in a reasonable amount as determined by the Director of Public Works, using the criteria of actual cost (or reasonable cost estimates based on quantities and/or time) as to work performed and materials furnished, and based upon fair market value of any lands or easements therein donated or conveyed for any of the above purposes. Any sub- divider or lot owner upon whom a fee is imposed may appeal the decision of the Director of Public Works as to the amount of any such credits directly to the City Council, at any time prior to the expiration of ten (10) days after application for a Building Permit, and the decision of the City Council shall be final. Section 4: Wherein any fees due hereunder have not been paid by the time of recordation of the final subdivision map, the require- ment for payment of such fees prior to obtaining a Building Permit shall be legibly set forth on the face sheet of said final map. Failure, however, of any final map to so designate shall not be, or be construed to be, a waiver of the requirement that such fee must be paid. It is the intention of this provision that those conditions if tentative map approval relating to pro-rata payment for certain supplemental off-tract improvements may be postponed beyond final map approval and performance not required until Building Permit issuance, and unless stated to the contrary in the resolution approving the final map, such postponement as to these particular conditions shall be automatic. The above and foregoing resolution was regularly introduced and adopted by the City Council of the City of Saratoga at a regular meeting thereof held on the 5th day of March ,1980, by the following vote: AYES: NOES: ABSENT: Councilmembers Callon, Corr, None None , Krad'S' k.tteoni /) /1 I ~ I I I . ¡ß I j /l ,..-þr-. r[:t.,{J/'~ /" { /~. I'. 11 ~.. /1' I~" " A~X~ CITY CLERK ¡ -2-