Development Impact Fees Agreement with John Reichel (dba Sunwest Enterprises)

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REQUEST FOR FEE CREDITSIWAIVERS SUNWEST ENTERPRISES (Traffic Impact Fees) Developer Request Sunwest Enterprises ("Developer') has requested that the City Council make the following findings: 1. That construction of approximately 2 miles of arterial and collector roads by CFD 89-2 satisfied the traffic impact fee except for signalization. 2. That the applicable traffic signalization fee be affirmed at $266.50 per residential unit and $1,066 per commercial acre. 3. That the CFD commit to completing (1) the north side of San Bernardino Avenue just easterly (487 If) of Pepper Avenue and (2) the northerly side of San Bernardino Avenue easterly (1,110 If) of Meridian Avenue as contemplated in the original bond issue and also the north side of San Bernardino Avenue east of Meridian which was part of the original scope of improvements. The Developer's request is attached hereto as Exhibit A. The Developer contends that the application of the City's current traffic impact fee schedule for the remaining undeveloped acreage would be inequitable because the CFD was formed prior to the imposition of traffic impact fees and many of the arterial road improvements completed by the CFD would have otherwise been funded by traffic impact fees. Finally, the Developer contends that the CFD should complete the projects originally included in the subdivision improvement agreements and the bond prospectus. Standard for Review Section 13 of Ordinance 0-02-00 provides that the City Council is empowered to grant deferral, waiver or reduction of any development impact fee imposed by that Ordinance if, in the opinion of the City Council, properly supported by specific findings, ...waiver or reduction is required because imposition of such fees in full would cause inequities. Further, in such cases where it is determined that the development impact fees imposed by the Ordinance are to construct the same improvements funded by the CFD, and previous contributions have been made by a developer to fund these improvements, said developer shall receive a credit in the amount that was contributed towards such improvements as an offset to the fees imposed by the Ordinance. Colton Municipal Code Section 12.32.110 (Reimbursement for oversized or prior constructed improvements) also provides that in the event that a developer is required to oversize improvements, the City shall enter into an agreement under which the developer shall be reimbursed for the value of the oversizing. The agreement identifies the method of payment and is usually (though not always) made when other benefiting properties develop under a reimbursement district. Both of these references are attached hereto as Exhibit B. Page 1 of 7