HomeMy WebLinkAbout1994-09-20; City Council; 12876; ADOPTION OF ORDINANCE NO. NS-293-ESTABLISHMENT OF DRAINAGE AREA FEES, AB # /< p76
DEPT. CLK
MTG, 9/20/94
DEPT
CITY
CITY
TITLE:
ADOPTION OF ORDINANCE NO. NS-293 - ESTABLISHMENT OF DRAINAGE AREA FEES
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
I.7
18
19
20
21
22
23
24
25
26
27
28
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
WHEREAS, a report entitled "Master Drainage and Storm Water Quality Managen
was completed in March 1994 and is incorporated as Exhibit A to this ordinance (I-
referred to as the 'Master Drainage Plan"; and,
WHEREAS, the Master Drainage Plan estimates the capital costs of const
improvements to implement the City's Storm Drain Program; and,
WHEREAS, the Master Drainage Plan also includes a section requiring the imple
of a Storm Water Quality Management Program pursuant to the Clean Water Act and th
Pollutant Discharge Elimination System (NPDES) permit; and
WHEREAS, fees to implement the construction of various storm drain and wa
enhancement improvements are set forth in the Master Drainage Plan; and,
WHEREAS, the City is authorized pursuant to Sections 65800 et seq, 66000 6
66410 et seq of the Government Code of the State of California to establish facility fc
purpose of constructing public facilities needed or impacted by private developmenl
and,
WHEREAS, the City Council has found that the drainage facility fees proposec
to this ordinance are required for proper development of the City and that the facilitl
fair and accurate, and that the fees have been fairly apportioned within each Plar
Drainage Area based upon benefits conferred on property proposed for developmer
need for such facilities created by the proposed development and the developme
property within the Planned Local Drainage Fee Area; and,
//I
1
I
1
2
3
4
5
6
7
8
9
10
11
12
13
I*
I.5
16
17
18
19
20
21
22
23
24
25
26
27
28
e 0
WHEREAS, the City Council has found that the Master Drainage Plan provides
explanation as to how:
1. There is a reasonable relationship between the fee’s use and the type of de\ projects upon which the fees are imposed.
2. There is a reasonable relationship between the need for the Master Plannec Facilities and the type of development projects upon which the fees are i
3. There is a reasonable relationship between the amount of the drainage fe cost of the drainage facilities attributable to development within each of th
Local Drainage Areas.
WHEREAS, the fees so established do not exceed the reasonable costs of cc
those facilities and the fees are not levied for general revenue purposes; and,
WHEREAS, the City Council has determined that the drainage facilities includec
Master Drainage Plan have a general benefit to the public insofar as they improve
quality of the City’s water resources, protect vital thoroughfares from flood damage, I
threat of water born diseases and generally enhance property values by improving
commercial and industrial property and by maintaining the aesthetic environmental
the City; and,
WHEREAS, a pro-rated cost to mitigate existing deficiencies with Master Pla
facilities within the existing developed areas will be funded through the imposition c
area fees on redevelopment and remodel projects; and,
WHEREAS, this study was available for public inspection and review at least te
prior to this public hearing; and,
WHEREAS, the City has mailed notice of this Council meeting to any and all [
have filed written request to be notified of such meeting at least fourteen (14) days I
public hearing; and,
WHEREAS, the Finance Director is directed to establish a new fund or funds
to collect the fees so imposed and to maintain said fund or funds and the intere!
therein and to authorize expenditures for only those projects, bond payment
2
'
2
3
4
5
6
7
8
9
10
1 1
12
i 3
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e 0
construction activities set forth in the Master Drainage Plan. The Finance Director i
directed to make a report, at least annually, and within sixty (60) days of the close of 1
year determining the beginning and ending balances for the fiscal year and the fees, intc
other income and amount of expenditure on each public facility. The fees deposited in
or funds shall not be commingled with any other fees or revenue of the City. The
Director is further directed to make this information available to the public and to repc
City Council not less than fifteen (15) days after making said information available to tt
The Finance Director shall monitor these funds so that, if required, the City Council IT
written findings that all or any portion of the fees remaining unexpended or uncommitl
fund for five (5) or more years are still necessary and needed for the purposes to whic
is to be expended and demonstrate a reasonable relationship between that fee and tht
the improvements.
NOW, THEREFORE, the City Council of the City of Carlsbad, California does 1
follows:
SECTION 1: That Title 20, Chapter 20.09 of the Carlsbad Municipal Code
repealed.
SECTION 2: That- Title 15 entitled "Drainage Ordinance" is added to the
Municipal Code to read as follows:
Chapter 15.04
GENERAL REGULATIONS
(b) "Building Footprint" mee
gross floor area of a structure measi
15.04.01 0 Title confines of the exterior wall surface
(c) "Master Drainage Plan"
"Drainage Ordinance." the report entitled "Master Drainal
Storm Water Quality Managemen'
15.04.020 Definitions. dated March, 1994 and any supple
For the purpose of this Title, the revision or modification thereto as r following words or phrases shall be approved by City Council Resolutio
construed as defined in this section: (d) "Occupancy Permit" m (a) "Building Permit" means a permit required or issued pursu
permit required by and issued pursuant to
Chapter 18.04 of this code. (e) "Project" means on any p
the ground level elevation with
This Title shall be known as the
Chapter 21.60 of this code.
3
'
2
3
4
5
6
7
8
9
10
1 1
12
13
14
l5
l6
l7
18
19
20
21
22
23
24
25
26
27
28
0 0
subject to this chapter, any new building improvements in a timely m;
permit or any redevelopment or remodel concurrent with the need for
permit wherein the building footprint is improvements. The construction c
increased by fifty (50) percent or greater drainage improvements funded by th
over the existing building footprint. will ensure compliance with the (9 "Property subject to this chapter" Growth Management standards relati
means any lot or parcel of land in the City. drainage facilities and with the water q
(9) "Planned Local Drainage improvement requirements of the Na Facility" means any storm drainage facility, Pollutant Discharge Elimination S!
flood control facility or water quality Permit issued for City storm dra
enhancement facility identified in the facilities.
Master Drainage Plan including drainage
easements, storm drain pipes, inlet 15.08.020 Prohibition of Developmer
structures, outlet structure, sedimentation For any property subject t and depollutant basins, drop structures, rip chapter, notwithstanding any provis rap, junction structures, environmental this code to the contrary, no final or
mitigation measures, water quality map shall be approved nor sha
monitoring and testing equipment and building permit or occupancy perr
other improvements necessary to convey, any project be issued and no persoi
contain or enhance the quality of storm build, use or occupy any project, M
water discharge. first paying the fee established I
(h) "Planned Local Drainage Area" otherwise complying with, this chapi
(PLDA) means one of four drainage areas
within the City identified within the Master 1 5.08.030 Application Requirements
Drainage Plan. Separate Planned Local In addition to any
Drainage Area (PLDA) fees are established requirements for a building
for each of the four drainage areas and authorized pursuant to Title 18 of thi!
were calculated to be equal to or less than and as established by the building I
the cost of the Planned Local Facility the applicant for a building permit s
Drainage improvements within each (a) Submit a site plan show1
respective PLDA. building footprint of all existin!
proposed habitable structures c
property subject to this chapter tc
with a summary of the building fc
areas for existing and prc
15.08.01 0 Purpose. structure(s).
(a) This chapter imposes a fee to (b) Pay the Planned Local Dr
pay for various storm drain improvements Area fee established by action
within the City of Carlsbad. The amount of chapter.
the fee is based upon engineering analysis (c) Subsections (a) and (b)
and has been calculated to be equal to or section shall apply to all new t
less than the cost of the drainage construction, to all residential an
improvement. The drainage improvements residential remodels, enlargeme
funded by this fee are designated in the alterations where the proposed 1
report entitled "Master Drainage and Storm footprint is increased by fifty (50)
Water Quality Management Plan" dated or greater over the existing I
March, 1994 on file with the City Engineer. footprint.
(b) This chapter is necessary to (d) This section shall not i
flood control and water pollution control October 16, 1980 and for whi
Chapter 15-08
DRAINAGE AREA FEE
ensure the completion of storm drainage, property which was subdivide(
4
1
2
3
4
5
6
7
8
9
1 o
1 1
12
13
l4
x
1 6
17
18
19
20
21 *’
23
24
25
26
27
28
0 e
subdivider for said property paid or runoff potential for each land
received credit for payment of any PLDA designation shall be as indicated
fees. Table 4-3 of the Master Drainage Pk
(e) The applicant for a bi
15.08.040 Fee. permit may request adjustment of the
Area fee schedule shall be established by submittal of a written request to th
City Council Resolution and shall be Engineer. The request should inch
considered part of this ordinance. explanation of the reason for the reqi
(b) A Planned Local Drainage Area adjustment and any documentati
fee shall be paid by the owner or support of the request. Upon review
developer prior to the issuance of any request, the City Engineer shall detc
building permit or occupancy permit or whether to approve or deny the reqi
prior to final or parcel map approval for a adjustment.
project whichever occurs first. The
Planned Local Drainage Area fees shall be 15.08.050 Exemption.
adjusted annually based upon the January, Projects by public agenci
1994 Engineering News Record Los entities shall be exempt from the prok
Angeles Construction Cost Index of 549.1 3
based on the 1967 average = 100.
development, the project owner or Drainage Area Fees col
developer is required to construct a hereunder shall be segregated accl
Planned Local Drainage facility, then the to their source and deposited i
developer may receive a credit against planned local drainage facilities
payment of the Planned Local Drainage established for each Planned
Area fee, The amount of the fee credit Drainage Area and the funds there
shall not exceed the facility cost as interest accruing thereto shall be exF
estimated in the Master Drainage Plan plus solely for the construction of
the adjustments provided for in subsection reimbursement for construction of dr
(b) of this section. If the cost of the facilities within the respective P
Planned Local Drainage Facility installed by Local Drainage Area. All of th
the developer exceeds the amount of the collected shall be expended solely 1
fee credit established by this subsection or finance Planned Local Dr
the developer is eligible for reimbursement Facilities serving the City.
on the balance of the facility costs
pursuant to section 15.08.080 of this 15.08.070 Assessment Districts.
Chapter. If an assessment district or
(d) The drainage fee paid for each taxing district is established for all
property subject to this chapter shall be part of the area subject to this cha
based upon the gross property acreage fund storm drain improvements wh
(including easements and not more than or will be funded in whole or in pad
thirty (30) feet of the fronting street fee established by this chapter, the
property line along the full extent of the City Council for a credit against thc
street frontage) less any area of an amount equal to the assessn
constrained land as it may be defined in taxes paid.
section 21.53.230 and based upon the
runoff potential for the respective General 15.08.080 Reimbursement Aqreemc
Plan designation for the property. The The City Council may,
(a) The Planned Local Drainage fees specified in this chapter
of this chapter.
(c) If, as a condition of 15.08.060 Use of Fees.
right-of-way measured at right angles to the or developer of a project may appli
5
1
2
3
4
5
6
7
8
9
10
11
12
13
l4
15
16
17
18
19
20
21
22
23
24
25
26
Z7
28
0 Q
discretion, enter into a reimbursement facility as estimated in the Master Draii
agreement with a developer, when said Plan including the adjustments provide
developer has constructed a Planned Local in subsection 15.08.040(b), then the
Drainage Facility improvement. Council shall revise the facility fee scht Reimbursement shall be made only as fees accordingly, The developer reque
are collected in connection with the reimbursement shall pay or re
development of other property in the same appropriate fee credits based upor
Planned Local Drainage Area in which said revised fee schedule.
facilities were constructed. The schedule
of payments for the reimbursement shall 15.08.090 Advance of Funds bv Cik
take into consideration the schedule of The City may advance money
Planned Local Drainage Facility any available source or fund for
improvement construction contemplated in construction of improvements which v
the adopted Capital Improvement Program otherwise be paid for from fees collc
and shall be made at the sole discretion of pursuant to this chapter and reiml
the City Council. The amount of itself from future fees.
reimbursement shall be limited to the actual
cost, including engineering and other 15.08.1 00 Expiration of Chaoter.
costs, of such facilities at the time they are This chapter shall be of no f
constructed, The term of reimbursement force and effect when the City CI
agreements shall not exceed ten (10) determines that the amount of fees
years. The payment of any reimbursement have been collected reaches an ar
shall be limited to the extent that funds are equal to the cost of the storm
available through the collection of the improvements.
PLDA Fees. If the amount of
reimbursement exceeds the cost of the
SECTION 3: That Title 20, Section 20.08.130 be amended to read as follows:
"20.08.1 30 Drainaae 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.
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."
Payment of the fees for Planned Local Drainage Facilities shall
EFFECTIVE DATE: This ordinance shall be effective sixty (60) days after its ado
the City Clerk shall certify to the adoption of this ordinance and cause it to be publishc
once in a newspaper of general circulation in the Ci of Carlsbad within fifteen (15) 1
its adoption.
6
i
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
0 0
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Cou
on the 13th day of SEPTEMBER , 1994 by the following vote to wit:
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cit)
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:
ALmeiiiN kk-1 (SEAL)
7