HomeMy WebLinkAbout12/03/2002, C11 - FINAL PASSAGE OF ORDINANCE NO. 1428 MAKING MINOR REVISIONS AND CORRECTIONS TO THE WATER AND WASTEWA Y �
council Dec 3, 2002
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CITY OF SAN LUIS OBISPO
FROM: John Moss,Utilities Director/�(y,
Prepared By: Sue Baasch,Administrative nalyst v`�
SUBJECT: FINAL PASSAGE OF ORDINANCE NO. 1428 MAIONG MINOR
REVISIONS AND CORRECTIONS TO THE WATER AND
WASTEWATER DEVELOPMENT IMPACT FEE AND WATER AND
SEWER SERVICE SECTIONS OF THE MUNICIPAL CODE
CAO RECOMMENDATION
Grant final passage to Ordinance No. 14 22002 Series)..
DISCUSSION
On November 19, 2002,the Council voted 5-0 to introduce Ordinance No.14 2 8 (2002 Series)to
print which makes minor revisions and corrections to the water and wastewater development impact
fee and water and sewer service sections 4.20.140, 13.04.020— 13.04.120 and 13.08.090 of the
Municipal Code.
The ordinance was unchanged in the fust reading. If it is approved at the second and final reading
and it continues unchanged, the ordinance will go into effect January 2, 2003, 30 days following
December 3, 2002.
ATTACHMENT
Ordinance No.14 2 8 (2002 Series)
i
Attachment 1
ORDINANCE NO. 1428 (2002 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
MAKING MINOR REVISIONS AND CORRECTIONS TO
THE WATER AND WASTEWATER DEVELOPMENT IMPACT FEE
AND WATER SERVICE
SECTIONS 4.20.140, 13.04.020—13.04.120, 13.08.090
OF THE MUNICIPAL CODE
WHEREAS, in 1991;the adoption of Ordinance No. 1200 amended the Municipal Code
to provide for water and wastewater connection fees for all new development within the City of
San Luis Obispo;and
WHEREAS,these fees are to be used to implement the goals and objectives, policies and
programs, and standards of the San Luis Obispo General Plan, and are consistent therewith; and,
WHEREAS, minor revisions, updates and corrections to Sections 4.20.140 and
13.04.020— 13.04.120 are necessary for administrative consistency in the assessing and
collection of these fees.
NOW,THEREFORE,BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Chapter 4, Section 4.20.140 is amended to read as follows:
Chapter 4.20
WATER SERVICE
Sections:
4.20.140 Water and wastewater development impact fees.
4.20.140 Water and wastewater development impact fees.
A. Purpose. In order to implement the goals and objectives of the San Luis Obispo general
plan, and to provide adequate water supply and treatment facilities, and wastewater collection
and treatment facilities,to serve new development in the city of San Luis Obispo and to mitigate
the impacts of that new development,certain public facilities and improvements must be, or had
to be,constructed. The city council has determined that development impact fees are needed in
order to finance these facilities and improvements and to pay for new development's fair share of
the construction costs of these facilities and improvements. In establishing the fee described in
the following sections, the city council has found the fee to be consistent with the city's general
plan land use ordinance and policies and,pursuant to Government Code Section 65913.2, has
considered the effects of the fee with respect to the city's housing needs as established in the
housing element of the said general plan land use ordinance.
B. Water and Wastewater Development Impact Fees..
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Ordinance No. 1428 (2002 Series)
Page 2
1. A water development impact fee and a wastewater development impact fee is hereby
established as a condition of any new development for which any of the following approvals or
permits is required:
a. Approvals of land divisions pursuant to Title 16 of this code,including approval of
lot line adjustments,certificates of compliance,parcel maps, tract maps and condominium
conversions;
b. Land use approvals pursuant to Title 17 of this code, including rezonings or the
approval of development plans, site plans, minor use permits, variances,but excepting approval
of San Luis Obispo general plan/land use ordinance amendments;
c. For the issuance of any building permit;
d. For connection to city water and wastewater services; and
e. All other approvals of real property development, which approvals are subject to
the jurisdiction of the city of San Luis Obispo and which approvals are subject to the exercise of
the discretion of the city council, planning commission, or community development director. For
purposes of this chapter,new development includes any change of use, water demand,or
occupancy which increases the established city water or wastewater service requirements of a
development.
2. The said water and wastewater development impact fees are established in order to pay
for needed facilities and improvements reasonably related to new development within the city.
From time to time, the city council shall,by resolution, set forth the specific amount of the
development impact fees, the specific public improvement to be financed and their estimated
cost, describe the reasonable relationship between the fees and the various types of new
developments, and set forth the time of payment of the fees. Said resolution shall provide for
method of adjusting the amount of the development impact fees, on an annual basis to account
for changes in the cost of construction or other considerations affecting the reasonable
relationship between the fees and the cost of facilities and improvements on which the fees are
based.
a.For any development other than residential, the resolution shall provide for
payment of fees at the time of building permit issuance.
b.For residential development, the resolution shall provide for the payment of fees at
the time of building permit issuance, except where the provisions of Section 66007 of the
California Government Code require the collection of fees to be delayed until the time of final
inspection or issuance of a certificate of occupancy.
3. The city council shall, at least once every five years, review the basis for water and
wastewater development impact fees to determine whether said fee is still reasonably related to
the impacts of development, and whether the facilities and improvements for which the fees are
charged are still needed.
C. Limited Use of Fees.The revenues raised by payment of the water and wastewater
development impact fees shall be placed in a separate account along with any interest earnings on
that account, and shall be used solely to:
1. Pay for the design and construction, including construction management,of water and
wastewater facilities described in resolutions adopted pursuant to subsection B of this section, or
to reimburse the city for funds advanced from other sources to pay for said design and
construction.
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Ordinance No. 1428 (2002 Series)
Page 3
2. Reimburse developers who have been required or permitted to install portions of said
facilities or improvements pursuant to subsection D of this section. See Section 16.44.091 of this
code for appropriate procedure.
D. Developer Construction of Facilities. Whenever a developer is required, as a condition of
approval of a development permit, to construct a public facility, which facility is determined by
the city to have supplemental size, length or capacity over that needed for the impacts of that
development, and when such construction is necessary to ensure efficient and timely construction
of the facilities network, a reimbursement agreement with the developer or a credit against the
fee which would otherwise be charged pursuant to this section on the development project shall
be offered. The reimbursement amount shall not include the portion of the improvement needed
to provide services or mitigate the need for the facility or the burdens created by the
development.
E. Fee Adjustments.
L.When any new development replaces an existing development, the development impact
fees shall be based on the service requirements of the new development, less the service
requirements of the development which it replaces. If the site of the new development was
previously occupied by a development which no longer exists, and for which a demolition permit
was issued by the city after October 4, 1991, the development impact fees shall be reduced in the
same manner, provided that city services for previous development can be verified on the basis of
building permits, utility billings or similar documentary evidence.
2. Each development is independent, and no reductions to development impact fees will
be transferable to another development,nor will excess be refunded.
3. Any person whose new development is subject to water or wastewater development
impact fees may appeal to the city council for a reduction or adjustment of those fees,or a waiver
of those fees,based on the absence of any reasonable relationship between the impacts of that
new development and either the amount of the fees or the type of facilities or improvements
funded by the fees. The appeal shall be made in writing and filed with the city clerk,together
with any required appeal fee, within the ten days following notification that the fees are to be
imposed. The appeal shall state in detail the factual basis for the claim of waiver, reduction or
adjustment. The city council shall consider the appeal at an appeal hearing to be held within sixty
days after the filing of the appeal. The hearing may be continued from time to time. The decision
of the city council on the appeal shall be final. If a reduction, adjustment or waiver is granted,
any change in the permitted type or intensity of land use within the approved development
project shall invalidate the reduction, adjustment, or waiver of the fees.
F. Unexpended Development Impact Fee Revenues.
1.Notwithstanding subsection (B)(3)of this section, whenever any development impact
fee, or portion of a development impact fee, remains unexpended or uncommitted five or more
years after deposit of the fee, the city council shall make findings once each fiscal year with
respect to the unexpended amount. The city council shall identify the purpose for which the fee is
to be used, and demonstrate a reasonable relationship between the fee and the purpose for which
it was charged. The findings required by this section need be made only for monies in the
possession of the city, and need not be made with respect to any letters of credit, bonds or other
items given to secure payment of the fee at a.future date.
2. The city shall refund to the then-current owner or owners of the new development
project or projects, on a prorated basis, the unexpended or uncommitted portion of the
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Ordinance No. 1428 (2002 Series)
Page 4
development impact fees for which need cannot be demonstrated pursuant to this section. The
city may refund the unexpended or uncommitted revenue by direct payment by providing a
temporary suspension of development impact fees or by any other means consistent with the
intent of this section. The determination of the means by which those fees are to be refunded is a
legislative act.
3. If the city council determines that the administrative costs of refunding unexpended or
uncommitted development impact fees pursuant to this section exceed the amount to be
refunded, the city council, after a public hearing, notice of which has been published pursuant to
Section 6061 of the California Government Code and posted in three prominent places with the
area of the new development project,may determine that the said fees shall be allocated for some
other purpose for which development impact fees are collected and which serves the new
development project on which the fees were originally imposed. (Ord. 1200 § 1, 1991)
Section 1 of Ord. 1200 added § 4.20.040, which the editor has redesignated § 4.20.140 since the
chapter already contained a § 4.20.040.
SECTION 2. Chapter 13, Section 13.04.010,is amended to read as follows.-
Chapter 13.04
WATER SERVICE
Sections:
13.04.010 Statement of policy.
13.04.020 Definitions.
13.04.030 Initiation and discontinuation of water service.
13.04.040 Limit of city's responsibility to furnish water.
13.04.050 Payment for previous service required prior to acceptance of application for
service.
13.04.060 Past due debts- Chapter provisions not to prevent collection thereof.
13.04.070 Service installation.
13.04.080 Charges for new service.
13.04.090 Additional charges for service.
13.04.100 Main extensions.
13.04.120 Multiple units.
13.04.130 Retirement or removal of meter.
13.04.140 Bills-Payment.
13.04.150 Rates for service.
13.04.160 Computation of bimonthly billings.
13.04.170 Meter errors.
13.04.180 Discontinuance of service.
13.04.190 Responsibility for equipment.
13.04.200 Installation of control valves required.
13.04.210 Customer's duty to protect against danger of cross-connections.
13.04.220 Interruptions in service.
13.04.230 Utilities department ingress and egress rights.
13.04.240 Temporary service Regulations.
13.04.250 Temporary service- Rates.
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Ordinance No. 1428 (2002 Series)
Page 5
13.04.260 Fire hydrants.
13.04.270 Water service for fire protection.
13.04.280 Private fire protection service connections - Application- Charges-
Ownership.
13.04.290 Private fire protection service- Monthly rates.
13.04300 Violations deemed misdemeanor.
13.04.010 Statement of policy.
The city will furnish water service in accordance with the regulations contained in this
chapter and in accordance with other applicable ordinances to any property within the corporate
limits and to such areas outside the city limits as the council may designate.
In all such cases water shall be supplied only through water meters installed as set forth in
this chapter and in each case the customer shall be charged directly for all water passing through
the meter, irrespective of the number of users of the water subsequent to its passage through the
meter.
Applications for service to premises for which a service connection has already been installed
may be made as set forth in this chapter. Such application will signify the customer's willingness
and intention to comply with these regulations and to all modifications thereof, and to new
regulations or rates duly adopted, and to make payment for water service rendered. Service will
be started and discontinued without charge and a deposit may be required to establish credit for
regular service.
If application is made for service to property where no service connection has been installed,
but a distribution main is adjacent to the property the applicant, in addition to making application
for service, shall comply with the regulations governing the installation of services. Where an
extension of the distribution mains is necessary or a substantial investment is required to furnish
service,the applicant will be informed by the utilities department as to whether or not the service
can be extended under these regulations as set forth in this chapter. (Prior code § 7410)
13.04.020 Definitions.
As used in this chapter, the following terms shall have the meaning specified after each
term:
A. "Adequate transmission system" means a water main system as capable of supplying
simultaneously, at a specific site under consideration, the required fire flow and the maximum
daily rate of consumption. B. "Adequate water distribution system" means a system of public
water mains capable of supplying a sufficient quantity of water to satisfy simultaneously the
maximum daily rate of consumption and the required fire flow for a given site.
C. "Commodity charge" means a charge based upon a rate per unit of delivery designed to
recover all costs associated with producing and distributing the amount of water supplied.
D. "Cross-connection" means any physical connection between the piping system from the
city service and that of any other water supply that is not, or cannot, be approved as safe and
potable for human consumption, whereby water from the unapproved source may be forced or
drawn into the city distribution main.
E. "Distribution mains" are water lines in streets, alleys, and lights-of-way used for general
distribution of water from which service is available to the customer.
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Ordinance No. 1428 (2002 Series)
Page 6
F. "Maximum daily rate of consumption means the average rate of flow, as estimated by the
utilities engineer/superintendent from actual city records, which is consumed during a twenty-
four-hour period at maximum use.
G"Premises"means the integral property or area, including improvements thereon, to which
water service is or will be provided.
H"Private fire protection service" is for sprinkler systems, hydrants,hose reels and other
facilities used specifically for fire protection on private property.
I"Private pumping equipment" means any equipment attached to a water service and
installed on private property for the purpose of increasing water pressure to that property.
J "Public fire protection service"relates to fire hydrants connected to the distribution system
and made available to designated fire protection agencies.
K"Regular service" means water service rendered for normal domestic,commercial,
industrial and irrigation purposes on a permanent basis and for which the general rates and
regulations are applicable.
L. "Required fire flow" means the rate of flow required by the fire chief pursuant to the
authority of Section 13.301(c) of the Uniform Fire Code and determined in conformance with the
Guide for Determination of Required Fire Flow as published by the Insurance Services Offices,
dated July, 1974, or any subsequent recognized standard adopted by resolution of the council.
A "Services" means the pipeline and appurtenant facilities such as the curbstop, meter and
meterbox, all used to extend water service from the distribution main to the curbline. Where
services are divided at the curb or property line to serve several customers,each such branch
service shall be termed a separate service.
N. "Temporary service"means one especially installed for construction work, single season
irrigation and other uses:
O. "Utilities" means the utilities department of the city and its duly authorized
representatives. (Prior code § 7410.1)
13.04.030 Initiation and discontinuation of water service.
A. Each customer either initiating or discontinuing water service shall be required to
provide information according to the procedures established by the director of finance.
B. All applicants for service may be required to deposit an amount established from time to
time by resolution of the council prior to initiation or restoration of water service. (Ord. 1204 §§
1, 2, 1992: prior code § 7410.2)
13.04.040 Limit of city's responsibility to furnish water.
Nothing contained in this chapter shall be construed as a contract on the part of the city to
furnish water for any definite period or as a public utility in respect to any water furnished
outside the city. (Prior code § 7410.3)
13.04.050 Payment for previous service required prior to acceptance of application for
service.
An application for service will not be honored unless payment in full has been made for
water service previously rendered to the applicant by the city. (Prior code § 7410.4)
13.04.070 Service installation.
Ordinance No. 1428 (2002 Series)
Page 7
Water services will be installed in size and at the location desired by the applicant where
such requests are reasonable. Service installations will be made only to property abutting on
public streets or to such distribution mains as may be constructed in alleys or rights-of-way at the
convenience of the utilities department. Services installed in new subdivisions prior to the
construction of streets or in advance of street improvements,must be accepted by the applicant in
the installed location. (Prior code § 7410.6)
13.04.080 Charges for new service.
A. Charges for new water service shall be established by a resolution duly adopted by the
council and may be revised by resolution at any time. A copy of a current resolution shall be
maintained in the office of the city clerk for public inspection.
B. All charges for new services are payable in advance.
C. Account starts on the date the meter is installed.
D. Services larger than two-inch will be constructed and the applicant billed for the actual
cost of installation plus overhead and cost of the meter.
13.04.100 Main extensions.
A. Water mains may be extended by developers or other interested parties that would
benefit by their extension providing the improvements are designed to current city standards and
policy and are approved by the director of public works and the director of utilities.
B. The owner or developer who installs improvements which abut property other than that
being developed or in a greater size or capacity than that required for the development of the
property under consideration may be reimbursed as provided in Section 16.44.091 of this code.
(Ord. 1133 § 2, 1989)
13.04.120 Multiple units.
A. Number of Services to Separate Premises. Separate premises under single control or
management will be supplied through individual service connections unless the utilities
department elects otherwise.
B. Service to Multiple Units. Separate houses, buildings, living or business quarters on the
same premises or on adjoining premises,under a single control or management, may be served at
the option of the utilities department by either of the following methods:
1. Through separate service connections to each or any unit;provided,that the pipeline
system from each service is independent of the others, and is not interconnected;
2. Through a single service connection to the entire premises.
The applicant shall be responsible for payment of charges for all water furnished to combined
units, supplied through a single service connection. (Prior code § 7410.11)
SECTION 3. Chapter 13, Section 13.08.090,paragraph A is amended to read as follows:
13.08.090 Use of existing sewer.
A. Payment of costs prior to sewer connection permit issuance. Before a permit shall be issued
for a sewer connection in any areas within the city, which property shall use any existing city
sewerage facilities which were constructed by a developer under a reimbursement agreement for
which such property shall not have made full payment of its share of the cost thereof, the owner
Ordinance No. 1428 (2002 Series)
Page 8
or applicant shall pay to the city a sum of money for such privilege to be computed by the city
engineer in the same manner as provided in this chapter.
SECTION 4. A summary of this ordinance, approved by the City Attorney, together
with the names of the Council members voting for and against it, shall be.published at least five
days prior to its final passage, in the Tribune, a newspaper published and circulated in this City.
This ordinance will go into effect at the expiration of thirty(30) days after its final passage.
INTRODUCED on the day of 2002
AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day
of 2002, on the following roll call vote:
AYES:
NOES:
ABSENT:
Dave Romero, Mayor
ATTEST:
Lee Price, CMC
City Clerk
APPROVED AS TO FORM:
*G. or seity Attorney
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