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HomeMy WebLinkAbout1200ORDINANCE NO. 1200 (1991 SERIES) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING CHAPTER 4.20.040, WATER SERVICE TO THE SAN LUIS OBISPO MUNICIPAL CODE PROVIDING FOR WATER AND WASTEWATER CONNECTION FEES FOR ALL NEW DEVELOPMENT WITHIN THE CITY OF SAN LUIS OBISPO WHEREAS, the City Council has held a hearing to consider the proposed connection fees to mitigate the impacts of new development on water and wastewater facilities serving the City of San Luis Obispo; and, WHEREAS, the connection 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, the Community Development Director has determined that this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Article 18, Sections 15061 (a) and 15273 (a) (4) of the California Environmental Quality Act Procedures and Guidelines; and, WHEREAS, the proposed ordinance promotes the public health safety and general welfare; WHEREAS, the proposed ordinance complies with the provisions of Government Code Section 66000, et seq; NOW THEREFORE BE IT ORDAINED by the City Council of the City of San Luis Obispo as follows: SECTION 1. A new Chapter 4.20, Section 4.20.040 is hereby added to read as follows: 4.20.040 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 0 -1200 lb 1 4 Ordinance No. 1200(1991 Series) Page 2 facilities and improvements must be, or had to be, constructed. The City Council has determined that connection 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 Connection Fees. 1. A water connection fee and a wastewater connection 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 the San Luis Obispo Municipal 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 the San Luis Obispo Municipal 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, and (d) 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 develop- ment includes any change of use or occupancy which increases the water or wastewater service requirements of a development. 2. The said water and wastewater connections fees are established in order to pay for needed facilities and improvements reasonably related to new development within the City. From time Ordinance No.1200 (1991 Series) Page 3 to time, the City Council shall, by resolution, set forth the specific amount of the connection 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 a method of adjusting the amount of the connection 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 connection 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 connection fees shall be placed in a separate account along with any interest earnings on that account, shall be used solely to: 1. Pay for the design and construction, including construc- tion management, of water and wastewater facilities described in resolutions adopted pursuant to Section B, or to reimburse the City for funds advanced from other sources to pay for said design and construction. 2. Reimburse developers who have been required or permitted to install portions of said facilities or improvements pursuant to Ordinance No.1200 (1991 Series) Page 4 Section D, hereof. See Section 16.44.091 and Chapter 4.18 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 ordinance 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. 1. Any new development which is subject to water connection fees, and for which water acreage fees have been previously paid to the City prior to the effective date of this Chapter, shall have the amount of the current water connection fee reduced on a pro rata basis by an amount equal to six (6) single family dwelling unit equivalents per acre. 2. When any new development replaces an existing develop- ment, the connection fees shall be based on the service require- ments 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 within the previous five years, the connection fees shall be reduced in the same manner, provided that the service requirements of the previous development can be verified on the basis of building permits, utility billings or similar documentary evidence. 3. Each. development is independent and no reductions to connection fees will be transferrable to another development nor will an excess be refunded. 4. Any person whose new development is subject to water or ► v Ordinance No.1200 (1991 Series) Page 5 wastewater connection 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 ten (10) 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 (60) 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 Connection Fee Revenues. 1. Notwithstanding Section B.3., whenever any connection fee, or portion of a connection fee, remains unexpended or uncommitted five (5) 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 relation- ship 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 connection 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 connection fees or by any other Ordinance No. 1200(1991 Series) Page 6 means consistent with the intent of this section. The determina- tion 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 connection 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 develop- ment project, may determine that the said fees.shall be allocated for some other purpose for which connection fees are collected and which serves the new development project on which the fees were originally imposed. SECTION 3. This ordinance, together with the names of Councilmembers voting for and against, shall be published once in full, at least three (3) days.prior to its final passage, in the Telegram- Tribune, a newspaper published and circulated in the City. Pursuant to Government Code 66017, the ordinance shall go into effect at the expiration of sixty (60) days after its final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at its meeting held of the 20th day of August 1991, on motion of Councilman Roalman seconded by Councilwoman Rappa , and on the following roll call vote: AYES: Councilmembers Roalman, Rappa and Pinard NOES: Councilmembers Reiss and Mayor Dunin ABSENT: None - .:�.�:.,,,_;,_: ^1 6.M dift MAYOR RON DUNIN ATTES (J" CITY LERK PAM ld A APPROVED: City Ad inistrative Officer W, d , - ` )4-� Utilities Director xvz- : W��/ � — I Finance Director ��� �� 6 � �'' �� , ,� '� . u 1 , • Ordinance No. 1200 (1991 Series) FINALLY PASSED this 3rd day of September 19 91 on motion of Cou cilwanan Ra pa , seconded by Councilman RoaLw , and on the following roll call vote: AYES: Cotncilmembers Rappa, Roahnan and Pinard NOES: Cotmcilmember Reiss and Mayor D mi-E.. ABSENT: None ATTEST: v City lerk Pam W 0% ud &I