The City Council finds as follows.
(A) The subdivision and development of property within the area subject to Specific Plan SP-812 approved by this City Council on January 20, 1982, by the adoption of Resolution No. 82-5, will require construction of drainage facilities for the removal of surface and storm waters.
(B) The required drainage facilities are described in detail in the report of Neste, Brudin & Stone, Incorporated, the Engineer of Work for Proposed Assessment District No. 79-2 (Northeast Area), entitled ‘Engineer's Report Under Resolution of Intention’ and dated August 25, 1982, and in the plans and specifications for such drainage facilities which are also a part of said report. The report of the said Engineer of Work was approved by this City Council on August 25, 1982, by the adoption of Resolution No. 82-86, and shall serve, insofar as it relates to the drainage facilities, as the adopted local plan for drainage facilities for the area subject to Specific Plan SP-81-2 (the ‘Specific Plan Area’). (The drainage facilities are hereinafter referred to as the ‘Drainage Facilities.’)
(C) Pursuant to Cal. Gov’t Code § 66483, this City Council may impose by ordinance a requirement for the payment of fees for purposes of defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters for local or neighborhood drainage areas.
(D) In the report the Engineer of Work has determined the benefit which will be conferred on each separate parcel of property in the Specific Plan Area by the construction of the drainage facilities and has set forth a method of determining the pro rata amount which should be assessed against each such parcel based on such benefit.
(E) The City Council has confirmed the assessment for Assessment District No. 79-2 as set forth in the assessment roll therefor by adoption of Resolution No. 83-24 on March 23, 1983. As a result of such confirmation, the assessments on individual parcels of property within the assessment district have become liens on the parcels. Included in the amount of the assessment on each such parcel is an amount for the construction of the drainage facilities determined and based on the method developed by the Engineer of Work and referred to above.
(F) Certain parcels of property which were originally proposed for inclusion in Assessment District No. 79-2 and which would have been assessed for the drainage facilities have at the request of the owners thereof been excluded therefrom by the adoption by the City Council of Resolution No. 82-33 on March 23, 1983 and have not been assessed for the drainage facilities although such parcels will benefit from the construction thereof, in that such construction will enable the owners of the parcels to subdivide and develop their property.
(G) All property which will derive benefit from the construction of the drainage facility should be assessed and pay a pro rata share of the cost thereof based on the benefit derived therefrom. The hereinbefore mentioned method developed by the Engineer of Work for assessing property in Assessment District No. 79-2 and approved by the City Council is the most equitable means of determining the pro rata share of the cost of the construction of the drainage facilities of all such parcels.
(H) A map attached to Ordinance No. 1673 on file with the City Clerk shows the boundaries of the area which will derive benefit from the construction of the drainage facilities and also shows the location of the drainage facilities.
(I) The actual cost of the construction of the drainage facilities based on the lowest bid received therefor and including the cost of design and incidental costs associated therewith and costs associated with the sale of bonds for Assessment District No. 79-2 will be $6,668.650.
(J) The fee as to any parcel of property proposed for subdivision within the area shown on the map attached to Ordinance No. 1673 on file with the City Clerk determined on the basis herein above found by the City Council to be proper will not exceed the pro rata share of the amount of the actual cost of the drainage facilities which would be assessable on any such parcel if such costs were apportioned uniformly on a per acre basis. The fees for all such parcels, as so determined, will be fairly apportioned thereto on the basis of benefits conferred thereon by the construction of the drainage facilities.
(K) Notwithstanding the exclusion of certain parcels of property from Assessment District No. 79-2, the drainage facilities as proposed in the report of the Engineer of Work are required for the subdivision and development of the parcels of property which have been included in the assessment district and which have been assessed through proceedings for the assessment district to pay the cost of the construction thereof.
(L) Neither the County of Riverside nor the Riverside County Flood Control and Water Conservation District has a county-wide general drainage plan. Therefore, neither the county nor the district need make findings pursuant to Cal. Gov’t Code § 66485(e).
(`78 Code, § 16.24.150.) (Ord. 1745 § 1, 1984; Ord. 1673 § 1, 1983.)