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

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REQUEST FOR FEE CREDITS/WAIVERS SUNWEST ENTERPRISES (Traffic Impact Fees) Background CFD 89-2 was established to finance construction of regional flood control improvements, sewer and water systems, street and signal improvements, and other public facilities. The list of targeted street improvements included all or portions of Randall Avenue, San Bernardino Avenue, Meridian Avenue, and Pepper Avenue. The improvements generally consisted of streets, curbs, gutters, and landscape within and around the CFD boundaries. The original budget estimate for streets was approximately $700,000 in 1989 dollars. All of the identified streets except for the remaining portions of San Bernardino have been completed as follows: Randall Avenue — the full 88 foot right-of-way between Pepper Avenue and Meridian Avenue and then approximately 1,285 feet east of Meridian Avenue (approximately 2,605 feet). San Bernardino Avenue -- the complete 88 foot right-of-way between Pepper Avenue to Meridian Avenue and then approximately 1,100 feet east of Meridian Avenue (approximately 2,420 feet). The CFD also proposed to complete additional portions east and west of Meridian Avenue that were not completed. Meridian Avenue -- the complete 66 foot right-of-way from Randall Avenue to San Bernardino Avenue (approximately 2,640 feet). Pepper Avenue -- the eastern 28 feet of the Pepper Avenue right-of-way for a distance of approximately 2,640 feet from Randall Avenue to San Bernardino Avenue. The CFD 89-2 boundaries encompassed 110 acres of land, all zoned residential at the time of the bond issue. The residential tract maps that were approved, the number of lots, the date of tentative/final map approval, and any extensions of time within the CFD 89-2 are summarized in Exhibit C attached, along with the traffic impact fee actually applied for each residential unit constructed. Facts/Analysis Chronology The chronology of events related to the CFD 89-2 and the City's traffic impact fees are: 1. CFD 89-2 was established on September 19, 1989. Several tentative tract maps (14158, 14159) within CFD 89-2 had already been approved prior to the formation of the CFD. 2. Prior to 1993, the City of Colton did not have a uniform Traffic Impact Fee Program established. Consequently, the City's Traffic Engineer utilized the Institute of Traffic Engineers Trip Generation Manual to establish a traffic impact fee on a development -by -development basis. 3. This traffic impact fee was made a condition of approval to the tentative tract maps and was held constant for the duration of the tract map notwithstanding Page 2of7