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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