Loading...
HomeMy WebLinkAboutOrdinance No. 2388 tklrr/ORN6723 ORDINANCE NO. 2388 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING CHAPTER 16 . 36, WATER SYSTEM DEVELOPMENT FEES, TO THE AZUSA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 16 . 36 entitled "Water System Development Fee" is hereby added to the Azusa Municipal Code to read as follows: CHAPTER 16 . 36 WATER SYSTEM DEVELOPMENT FEE 16 . 36 . 010 Short Title. This Chapter of the Azusa Municipal ( insert municipal code section number ) Code may be referred to as the "Water System Development Fee Ordinance" of the City of Azusa. 16 . 36 . 020 Purpose. The purpose of this Chapter is to establish a Water System Development Fee in accordance with Government Code Section 66000 , et seq. , that imposes upon future development an equitable share of the costs of future water system improvements. 16 . 36 .030 Findings and Intent . The City Council finds as follows: A. Future development of property within the City will result in demands for water service that exceed the capacity of the existing City-wide water system. B. Failure to expand the capacity of the existing water system will cause unacceptable deficiencies in water pressures and water storage to meet peak demands and fire flow requirements . C. Existing and future sources of revenue are inadequate to fund a substantial portion of the water system improvements required to accommodate the increased demand for water services. D. The impacts of contemplated future development have been studied and presented to the City in report prepared by Dwight French and Associates entitled "City of Azusa Water System Financing Study" , and the in "City of Azusa Water Master Plan" prepared by CH2MHi11 which reports analyze the need for the water system improvements and sets forth the relationship between new development, water system improvements to accommodate the new tkm/ORN6723 development, and the estimated cost of those improvements . E. The Water System Development Fee provided for by 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 . 16. 36 .040 Definitions . For the purposes of this Chapter , the following terms shall be defined as follows: A. Development Project shall mean the construction of residential, commercial , industrial or other buildings and structures, and the addition of floor space to existing non-residential 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 or any other project involving the issuance of a permit for construction or reconstruction. B. Water System Improvements shall mean those improvements necessary to implement the Water System Improvement Plan and shall include but not be limited to: construction on new reservoirs, new transmission and distribution lines, installation of new booster pumps and telemetry and control devices . C. City-wide Water System Improvement Plan shall mean the systematic program for upgrading the City ' s water system to be phased over the succeeding seven 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 System Financing Study, October, 1988. " D. Maximum Buildout shall mean the anticipated maximum amount of future development permitted by the General Plan and Zoning Ordinance in Azusa and shall be expressed in terms of the number of undeveloped units permitted within each land use zoning category. 16 . 36 .050 Establishment of Water System Development Fee. A Water System Development Fee is hereby established and imposed upon all Development Project. The City Council shall set forth in a separate resolution called the "Water System Development Fee Resolution" , the specific amount of the fee, a list of the specific public improvements to be financed with the fee, an estimate of the cost of these improvements and a description of the -2- tkm;0RN6723 reasonable relationship between the fee and the various types of new development . 16 . 36 . 060 Calculation of Required Fee. The Director of Utilities shall be responsible for calculating the fee required by this Chapter in accordance with the terms of this Chapter and the Water System Development Fee Resolution. 16 . 36 . 070 Fee Adjustment . Any developer or property owner subject to the fees described in this Chapter , may apply to the City Council for a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the impacts to the water system of that development and either the amount of the fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the City Clerk not later than ( 1) thirty ( 30 ) days prior to the public hearing on the development permit application for the project, or ( 2) if no development permit is required, at the time of the filing of the request for a building permit or occupancy permit . The application shall state in detail the factual basis for the claim of waiver reduction, or adjustment . The City Council shall consider the application at the public hearing on the permit application or at a separate hearing when a public hearing is not otherwise required to be held within 60 days after the filing of the fee adjustment application. The decision of the City Council shall be final . If a reduction, adjustment , or waiver is granted, any change in use on the subject property or any increase in the square footage of the development project shall invalidate the waiver , adjustment or reduction of the fee. 16 . 36 . 080 Use of Funds . The fee paid pursuant to the provisions of this Chapter shall be placed into a separate capital facilities fund to be used solely for the purpose of construction of water system improvements necessary to complete implemen- tation of the Water System Improvement Plan. This fund shall be kept in a manner to avoid commingling of the fees of other revenues and funds of the City of Azusa. 16 . 36 . 090 Fee Review. Prior to July 1 of each year , during the budget review process , the City Council shall review fund balances and required water system improvements and make a determination as to whether the amount and type of fees should be adjusted. The Council shall also make findings and take whatever other actions are required by law. 16 . 36 . 100 Plan Review. The Water System Improvement Plan shall be annually updated by a resolution of the City Council adopted at a noticed public hearing. 16. 36 . 110 Fees Credits and In-Lieu Payments. A developer shall be entitled to a reduction in the -3- tkm/ORN6723 amount of the fees required by this Chapter by the amount of engineering and construction costs that have been or will be reasonably incurred for water system improvements required to be constructed or installed by the developer as a condition of development approval . All fee reductions for in- lieu contributions shall be subject to the prior approval of the Director of Utilities and shall be limited to actual engineering and construction costs for improvements consistent with the City ' s water systems standards . Costs for improvements which exceed the City' s water system standards or are in addition to the requirements imposed by the City shall be excluded from the amount by which the fees shall be reduced. 16. 36 .120 Supplementary Provisions. The fees required by this Chapter shall be supplementary to the fees and conditions imposed upon development projects pursuant to the provisions of the Subdivision Map Act, California Environmental Quality Act, and other State and local laws, ordinances or administrative regulations which may authorize the imposition of conditions or fees on development . 16 . 36 . 130 Appeal Process . The Director of Utilities shall be responsible for administering the provisions of this Chapter . Decisions made by the Director may be appealed to the City Council within 10 days of the Director ' s decision. SECTION 2 . Severability. If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held to be invalid or unconstitu- tional by the decision of any court of competent jurisdic- tion, such decision shall not affect the validity of the remaining portions of the Chapter . The City Council hereby declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, or portion thereof , irrespective of the fact than any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional . SECTION 3 . This Ordinance was adopted at a noticed public hearing, at which time the Council also considered the "City of Azusa Water System Financing Study, " which Report was available to the general public for a period of at least 14 days prior to the public hearing. This Ordinance shall be effective with respect to -4- tkm/ORN67 23 residential development projects sixty ( 60 ) days after its adoption pursuant to Government Code Section 65962 . SECTION 3 . 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 3rd day of January , 1989. ✓!. MAYOR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF AZUSA I , ADOLPH SOLIS, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 2388 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on thel9th day of December , 1988 . That thereafter , said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 3rd day of January , 1989 , by the following vote, to wit : AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 7 //z)/r ,/ CIJ CLERY( -5-