HomeMy WebLinkAboutOrdinance No. 96-O8 ORDINANCE NO. 96-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AZUSA AMENDING SECTIONS 78-471, 78-472, 78-473, 78-474
AND 78-475 OF DIVISION 5, ARTICLE VI OF CHAPTER 78 OF
THE AZUSA MUNICIPAL CODE RELATING TO WATER SYSTEM
DEVELOPMENT FEE
THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS:
SECTION 1 . Section 78-471 of Division 5, Article VI of Chapter 78 of the Azusa
Municipal Code is hereby amended to read as follows:
78-471 SHORT TITLE. This division may be referred to as the Water System
Development Fee Ordinance of the City.
SECTION 2. Section 78-472 of Division 5, Article VI of Chapter 78 of the Azusa
Municipal Code is hereby amended to read as follows:
78-472 PURPOSE. The purpose of this division is to establish a water system fee
structure in accordance with Government Code Section 66000 et seq., that imposes
upon future development within the water system service area, and areas outside the
present water system service area which can be reasonably served, an equitable share
of the costs of future water system improvements.
SECTION 3. Subsections (1), (4) and (5) of Section 78-473 of Division 5, Article VI
of Chapter 78 of the Azusa Municipal Code is hereby amended to read as follows:
78-473 FINDINGS AND INTENT. The City Council finds as follows:
(1) (a) Future development of property within the water system service area will
result in demands for water service that exceed the capacity of the existing
water system.
(b) Future development of property outside the water system service area, but
which can be reasonably served by the water system will result in demands for
water service that exceed the capacity of the existing water system.
(4) The impacts of contemplated future development have been studied and
presented to the City Council in report entitled "City of Azusa Water Facility Fee
Evaluation, July 1996" prepared by Civiltec Engineering, Inc., and the "City of
Azusa Water System Master Plan, March 1995" prepared by Montgomery
Watson, which reports analyze the need for the water system improvements
and set forth the relationship between new development, water system
improvements to accommodate the new development, and the estimated cost
of those improvements.
(5) The water system fee structure provided for in this chapter is established in
accordance with the requirements of Government Code Section 66000 et seq.
and provides for a fair and equitable method of distributing the costs of water
system improvements necessary to accommodate water system needs
generated by future development within the service area of the water system.
SECTION 4. Section 78-474 of Division 5, Article VI of Chapter 78 of the Azusa
Municipal Code is hereby amended to read as follows:
78-474 DEFINITIONS.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the contest clearly indicates
a different meaning:
Improvements shall mean the systematic program for upgrading the water system to
be phased over the succeeding eighteen years from the effective date of this chapter.
The nature and extent of these improvements and their associated cost estimates are
contained in the report entitled "City of Azusa Water Facility Fee Evaluation, July
1996".
Development project shall mean the construction of residential, commercial, industrial
or other buildings and structures, and the addition of floor space to existing
nonresidential buildings and structures. "Development project" shall also mean any
change of use of property which requires a building permit and which will require
additional water service above which can be reasonably associated with the current use
of the [project] or any other project involving the issuance of a permit for construction
or reconstruction.
Maximum build out shall mean the anticipated maximum amount of future development
permitted by the general plan and zoning ordinance in the City of Azusa or the County
of Los Angeles or other city having jurisdiction over a portion of the water system
service area and shall be expressed in terms of the number of undeveloped units
permitted within each land use zoning category.
Water system improvements mean those improvements necessary to implement the
water system improvement plan and includes but is not limited to construction of new
reservoirs, new transmission and distribution lines, installation of new booster pumps
and telemetry and control devices.
Water system service area shall mean the service area of the City of Azusa Light and
Water Department and the service area of the Azusa Valley Water Company.
Water system shall mean the water system of the City of Azusa Light and Water
Department and the water system of the Azusa Valley Water Company. The water
system consists generally of piping, pumping facilities, reservoirs and treatment
facilities.
Ultimate water system service area shall mean the properties outside the existing water
system service area which can be reasonably served by the water system.
SECTION 5. Section 78-475 of Division 5, Article VI of Chapter 78 of the Azusa
Municipal Code is hereby amended to read as follows:
78-475 ESTABLISHED.
(1) A water system development fee is hereby established and imposed upon all
development projects within the service area of the water system. The City Council
shall set forth in a separate resolution called the "Water System Development Fee
Resolution" the specific amount of the fee, list of the specific public improvements cost
of these improvements, and a description of the reasonable relationship between the
fee and the various types of new development.
(2) A water system annexation fee is hereby established and imposed upon all
development projects outside the existing service area of the water system which duly
request water service from the City of Azusa Light and Water Department and which
can be reasonably served by the water system. The City Council shall set forth in a
separate resolution called the "Water System Annexation Fee Resolution" the specific
amount of the fee, list of the specific public improvements cost of these improvements,
and a description of the reasonable relationship between the fee and the various types
of new development.
SECTION 6. The amendments to Sections 78-471 through 78-475, Division 5, Article
VI of the Azusa Municipal Code as set forth in this Ordinance clarify that the fees apply to
developments in the water system service area and the ultimate water system service area,
even if outside the City limits, and are declaratory of the existing ordinance provisions.
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SECTION 7. The City Clerk shall certify to the passage of this ordinance and shall
cause the same to be published as required by law.
PASSED AND APPROVED this 7th day of Ocotber , 1996 .
M'yor
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA 1
I, ADOLPH SOLIS, City Clerk of the City of Azusa, do hereby certify that the foregoing
Ordinance No. 96-08 was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 23rd day of September , 19 96 ,and
that thereafter, said Ordinance was duly adopted and passed at a
regular meeting of the City Council on the 7th day of October,
1996, by the following vote to wit :
AYES: COUNCIL MEMBERS: HARDISON, MADRID, NARANJO, BEEBE
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: ALEXANDER
. Z}
CIT CLERK
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