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
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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
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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
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CITY LERK PAM ld
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APPROVED:
City Ad inistrative Officer
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Utilities Director
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Finance Director
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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:
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City lerk Pam W
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