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HomeMy WebLinkAbout1994-09-20; City Council; NS-293; CMC 15.04/.08/20.08 adds & 20.09 repeal - Drainage area fees...a. 1 2 3 4 e 0 EXHIBIT 1 ORDINANCE NO. NS-293 AN ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA, ADDING TITLE 15 TO THE CARLSBAD MUNICIPAL CODE TO ESTABLISH DRAINAGE AREA FEES AND AMENDING TITLE 20 BY THE AMENDMENT OF SECTION 20.08.130 AND THE REPEAL OF CHAPTER 20.09 ~ 5 6 7 8 9 10 11 WHEREAS, the Master Drainage Plan also includes a section requiring the implemc 12 of a Storm Water Quality Management Program pursuant to the Clean Water Act and the I+ 13 Pollutant Discharge Elimination System (NPDES) permit; and 14 WHEREAS, fees to implement the construction of various storm drain and water 15 enhancement improvements are set forth in the Master Drainage Plan; and, 16 WHEREAS, the City is authorized pursuant to Sections 65800 et seq, 66000 et I x' 66410 et seq of the Government Code of the State of California to establish facility fees WHEREAS, a report entitled "Master Drainage and Storm Water Quality Managemel was completed in March 1994 and is incorporated as Exhibit A to this ordinance (her referred to as the "Master Drainage Plan"; and, WHEREAS, the Master Drainage Plan estimates the capital costs of construc improvements to implement the Crty's Storm Drain Program; and, 18 19 20 21 22 23 purpose of constructing public facilities needed or impacted by private development a( and, WHEREAS, the City Council has found that the drainage facility fees proposed p to this ordinance are required for proper development of the City and that the facility c( fair and accurate, and that the fees have been fairly apportioned within each Planne 24 Drainage Area based upon benefits conferred on property proposed for development o 25 property within the Planned Local Drainage Fee Area; and, 26 need for such facilities created by the proposed development and the development ( 27 Ill 28 1 a 0 WHEREAS, the City Council has found that the Master Drainage Plan provides su 1 2 explanation as to how: 3 I. There is a reasonable relationship between the fee’s use and the type of develc projects upon which the fees are imposed. 4 5 2. There is a reasonable relationship between the need for the Master Planned Dr Facilities and the type of development projects upon which the fees are imp 6 7 3. There is a reasonable relationship between the amount of the drainage fee E cost of the drainage facilities attributable to development within each of the P Local Drainage Areas. 8 9 those facilities and the fees are not levied for general revenue purposes; and, WHEREAS, the fees so established do not exceed the reasonable costs of const 10 l5 commercial and industrial property and by maintaining the aesthetic environmental ball l4 threat of water born diseases and generally enhance property values by improving acc 13 quality of the City’s water resources, protect vital thoroughfares from flood damage, redl 1% Master Drainage Plan have a general benefit to the public insofar as they improve thc 11 WHEREAS, the City Council has determined that the drainage facilities included wii the City; and, 16 17 18 19 20 21 22 23 WHEREAS, a pro-rated cost to mitigate existing deficiencies with Master Plan dl facilities within the existing developed areas will be funded through the imposition of dl area fees on redevelopment and remodel projects; and, WHEREAS, this study was available for public inspection and review at least ten (1 prior to this public hearing; and, i WHEREAS, the City has mailed notice of this Council meeting to any and all parti have filed wriien request to be notified of such meeting at least fourteen (14) days priol 24 11 public hearing; and, 25 therein and to authorize expenditures for only those projects, bond payments o 27 to collect the fees so imposed and to maintain said fund or funds and the interest cc 26 WHEREAS, the Finance Director is directed to establish a new fund or funds ne( 28 2 I *I // 0 0 '. I! ' 5 other income and amount of expenditure on each public facility. The fees deposited in thg 4 year determining the beginning and ending balances for the fiscal year and the fees, intere! 3 directed to make a report, at least annually, and within sixty (60) days of the close of the 2 construction activities set forth in the Master Drainage Plan. The Finance Director is fr 9 8 City Council not less than fifteen (1 5) days after making said information available to the F 7 Director is further directed to make this information available to the public and to report 6 or funds shall not be commingled with any other fees or revenue of the City. The Fit written findings that all or any portion of the fees remaining unexpended or uncommitted 10 The Finance Director shall monitor these funds so that, if required, the City Council may 1 1 fund for five (5) or more years are still necessary and needed for the purposes to which tl 12 is to be expended and demonstrate a reasonable relationship between that fee and the cc 13 the improvements. 14 NOW, THEREFORE, the City Council of the City of Carlsbad, California does ord 15 11 follows: l6 ll SECTION 1: That Title 20, Chapter 20.09 of the Carlsbad Municipal Code is t l7 11 repealed. 18 19 20 21 22 23 24 25 26 27 28 I SECTION 2: That Title 15 entitled "Drainage Ordinance" is added to the Ca Municipal Code to read as follows: Chapter 15.04 (b) "Building Footprint" means GENERAL REGULATIONS gross floor area of a structure measurec the ground level elevation within 15.04.01 0 Title confines of the exterior wall surfaces. This Title shall be known as the (c) "Master Drainage Plan" me' "Drainage Ordinance." the report entitled "Master Drainage i Storm Water Quality Management P~ 15.04.020 Definitions. dated March, 1994 and any suppleme For the purpose of this Title, the revision or modification thereto as may following words or phrases shall be approved by City Council Resolution. construed as defined in this section: (d) "Occupancy Permit" mean (a) "Building Permit" means a permit required or issued pursuant permit required by and issued pursuant to Chapter 21.60 of this code. Chapter 18.04 of this code. (e) "Project" means on any prop 3 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ subject to this chapter, any new building permit or any redevelopment or remodel permit wherein the building footprint is increased by fifty (50) percent or greater over the existing building footprint. (9 "Property subject to this chapter" means any lot or parcel of land in the City. (9) "Planned Local Drainage Facility" means any storm drainage facility, flood control facility or water quality enhancement facility identified in the Master Drainage Plan including drainage easements, storm drain pipes, inlet structures, outlet structure, sedimentation and depollutant basins, drop structures, rip rap, junction structures, environmental mitigation measures, water quality monitoring and testing equipment and other improvements necessary to convey, contain or enhance the quality of storm water discharge. (h) "Planned Local Drainage Area" (PLDA) means one of four drainage areas within the City identified within the Master Drainage Plan. Separate Planned Local Drainage Area (PLDA) fees are established for each of the four drainage areas and were calculated to be equal to or less than the cost of the Planned Local Facility Drainage improvements within each respective PLDA. Chapter 15.08 DRAINAGE AREA FEE 15.08.01 0 Purpose. (a) This chapter imposes a fee to pay for various storm drain improvements within the City of Carlsbad. The amount of the fee is based upon engineering analysis and has been calculated to be equal to or less than the cost of the drainage improvement. The drainage improvements funded by this fee are designated in the report entitled "Master Drainage and Storm Water Quality Management Plan" dated March, 1994 on file with the City Engineer. (b) This chapter is necessary to ensure the completion of storm drainage, flood control and water pollution control improvements in a timely mann concurrent with the need for SUI improvements. The construction of tl drainage improvements funded by this fl will ensure compliance with the Cio Growth Management standards relating drainage facilities and with the water qual improvement requirements of the Natior Pollutant Discharge Elimination Systc Permit issued for City storm draina! facilities. 15.08.020 Prohibition of Development. For any property subject to tt chapter, notwithstanding any provision this code to the contrary, no final or par map shall be approved nor shall 2 building permit or occupancy permit any project be issued and no person st build, use or occupy any project, withc first paying the fee established by, otherwise complying with, this chapter. 15.08.030 Application Requirements. In addition to any ott requirements for a building per, authorized pursuant to Title 18 of this Cc and as established by the building offic the applicant for a building permit shall: (a) Submit a site plan showing 1 building footprint of all existing a proposed habitable structures on 1 property subject to this chapter togetl with a summary of the building footpl areas for existing and propoa structure(s). (b) Pay the Planned Local Drain; Area fee established by action of ' chapter. (c) Subsections (a) and (b) of ' section shall apply to all new builc construction, to all residential and n residential remodels, enlargements alterations where the proposed builc footprint is increased by fifty (50) perc or greater over the existing builc footprint. (d) This section shall not appl! property which was subdivided s Qctober 16, 1980 and for which 4 ’. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ~ 28 a 0 subdivider for said property paid or received credit for payment of any PLDA fees. 15.08.040 Fee. (a) The Planned Local Drainage Area fee schedule shall be established by City Council Resolution and shall be considered part of this ordinance. (b) A Planned Local Drainage Area fee shall be paid by the owner or developer prior to the issuance of any building permit or occupancy permit or prior to final or parcel map approval for a project whichever occurs first. The Planned Local Drainage Area fees shall be adjusted annually based upon the January, 1994 Engineering News Record Los Angeles Construction Cost Index of 549.1 3 based on the 1967 average = 100. (c) If, as a condition of development, the project owner or developer is required to construct a Planned Local Drainage facility, then the developer may receive a credit against payment of the Planned Local Drainage Area fee. The amount of the fee credit shall not exceed the facility cost as estimated in the Master Drainage Plan plus the adjustments provided for in subsection (b) of this section. If the cost of the Planned Local Drainage Facility installed by the developer exceeds the amount of the fee credit established by this subsection the developer is eligible for reimbursement on the balance of the facility costs pursuant to section 15.08.080 of this Chapter. (d) The drainage fee paid for each property subject to this chapter shall be based upon the gross property acreage (including easements and not more than thirty (30) feet of the fronting street right-of-way measured at right angles to the 1 property line along the full extent of the street frontage) less any area of constrained land as it may be defined in section 21.53.230 and based upon the runoff potential for the respective General Plan designation for the property. The runoff potential for each land UE designation shall be as indicated with Table 4-3 of the Master Drainage Plan. (e) The applicant for a buildir permit may request adjustment of the PLC fees specified in this chapter upc submittal of a written request to the Ci Engineer. The request should include 2 explanation of the reason for the request€ adjustment and any documentation support of the request. Upon review of tl request, the City Engineer shall determil whether to approve or deny the requestr adjustment. 15.08.050 Exemption. entities shall be exempt from the provisio of this chapter. 15.08.060 Use of Fees. Drainage Area Fees collect1 hereunder shall be segregated accordil to their source and deposited into planned local drainage facilities fu established for each Planned Lo1 Drainage Area and the funds therein a interest accruing thereto shall be expend solely for the construction of or reimbursement for construction of draina facilities within the respective Plann Local Drainage Area. All of the fc collected shall be expended solely to bi or finance Planned Local Drains Facilities serving the City. 15.08.070 Assessment Districts. If an assessment district or spec taxing district is established for all or i part of the area subject to this chapter fund storm drain improvements which or will be funded in whole or in part by fee established by this chapter, the ow or developer of a project may apply to City Council for a credit against the fer an amount equal to the assessment taxes paid. 15.08.080 Reimbursement Agreements The City Council may, at Projects by public agencies 5 I. I1 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 discretion, enter into a reimbursement agreement with a developer, when said developer has constructed a Planned Local Drainage Facility improvement. Reimbursement shall be made only as fees are collected in connection with the development of other property in the same Planned Local Drainage Area in which said facilities were constructed. The schedule of payments for the reimbursement shall take into consideration the schedule of Planned Local Drainage Facility improvement construction contemplated in the adopted Capital Improvement Program and shall be made at the sole discretion of the City Council. The amount of reimbursement shall be limited to the actual cost, including engineering and other costs, of such facilities at the time they are constructed. The term of reimbursement agreements shall not exceed ten (10) years. The payment of any reimbursement shall be limited to the extent that funds are available through the collection of the PLDA Fees. If the amount of reimbursement exceeds the cost of the facility as estimated in the Master Drainas Plan including the adjustments provided fc in subsection 15.08.040(b), then the Ci Council shall revise the facility fee schedu accordingly. The developer requestir reimbursement shall pay or recei\ appropriate fee credits based upon tt revised fee schedule. 15.08.090 Advance of Funds bv City. The City may advance money frc any available source or fund for tl construction of improvements which WOL otherwise be paid for from fees collect1 pursuant to this chapter and reimbur itself from future fees. 15.08.1 00 Expiration of Chapter. This chapter shall be of no furtt- force and effect when the City Coun determines that the amount of fees whi have been collected reaches an am01 equal to the cost of the storm drz improvements. l6 /I SECTION 3: That Title 20, Section 20.08.1 30 be amended to read as follows: 17 18 19 20 21 22 23 "20.08.130 Drainaqe and sewer facilities -- Pavment of fees required. Prior to filing of any final map or parcel map, the subdivider shall pay or cause to be paid any fees for defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas or sanitary sewer facilities for local sanitary sewer areas established pursuant to Section 66483 of the Subdivision Map Act. Payment of the fees for Planned Local Drainage Facilities shall conform with the requirements of Chapter 15.08 of this code and shall be paid prior to filing of the final or parcel map or issuance of building permits whichever occurs first." 24 28 its adoption. 27 once in a newspaper of general circulation in the City of Carlsbad within fifteen (15) day 26 the City Clerk shall certify to the adoption of this ordinance and cause it to be published i 25 EFFECTIVE DATE: This ordinance shall be effective sixty (60) days after its adoptic 6 *. a e i1 1 ~JTRODUCED AND FIRST READ at a regular meeting of the Carkbad city Council 2 3 4 on the 13th day of SEPTEMBER , 1994 by the following Vote to wit: PASSED, APPROVED AND ADOPTED at a regular meeting of the Carisbad City CC 5 6 7 8 9 10 11 12 13 14 I held on the 20thday of SEPTEMBER , 1994 by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: None ATTEST: 15 16 ALn~~u<Nki~~ 17 (SEAL) 18 19 20 21 22 23 24 25 26 27 I/ 28 ll 7