HomeMy WebLinkAboutOrdinance 1530 N.C.S. 09/20/1982J
_{ EFREX 'IVE DATE'
OF ORDINANCE
20 1982
ORDINANCE NO. 1530 N . C . S .
•INTRODUCED BY Councilman
G. Roland Bond
SECONDED BY Councilman
John Balshaw
AN ORDINANCE ADDING CHAPTER 17.30 TO TITLE 17 OF THE
PETALMA MUNICIPAL CODE ESTABLISHING CRITERIA FOR STORM
DRAINAGE IMPACT FEES AND AMENDING SECTION 20.36.030 OF SAID
CODE AND DECLARING THE URGENCY THEREOF TO TAKE EFFECT
IMMEDIATELY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. There is hereby added to the Municipal Code of the City
of Petaluma, Chapter 17.30, which -is to read as follows:
"CHAPrIER 17.30"
S'ILRM DRAINAGE IMPACT FEES
Sections:
17.30.010 Findings
17.30.020 Payment of Fees Required
17.30.030 Basis for Fee Carnputat,ion
17.30.040 Reduction in Fees
17.30.050 Disposition of Funds
17.30.010 Findings.
The City Council finds that due to the passage of Article
XIIIA of the California Constitution, city property tax revenues will be
sharply curtailed. The Council further finds that due to the present
and future curtailment of said revenue, property tax revenue even in
combination with other city revenues will not be sufficient to provide
for necessary construction of major public improvements made necessary
LAW5 Ord. 1530 NCS 1 of 5
ord/detention fees
by new development within the area identified as developable on the
city's general plan and environmental design plans.
Specifically, those projects which drain into the Petaluma
River above the Washington Street Bridge and which exceed normal runoff
will require the construction of detention areas to acconmodate such
runoff and public funds are not available for such construction.
The fees required by this chapter are therefore declared to be
necessary for the substantial preservation of the public health, safety
and general welfare, by causing cost of construction of said
improvements to be borne by those developments which drain into the
Petaluma River above the Washington Street Bridge, thereby generating
the need for detention area improvements.
17.30.020 Payment of Fees Required.
(a) For Residential Development: For those projects which
cause an increase in runoff of two -acre feet or less, a fee will be
required to provide on or off -site detention equal to the
calculated increase. The exact amount of the fee shall be
established by the resolution of this Council. Payment of those
fees shall be imposed at the time of approval of the tentative
subdivision map and shall be paid prior to approval and recordation
of the final (or parcel) subdivision map.
(b)' For Camercia-1 and/or Industrial Development: For such
projects, a fee shall be charged at an established amount of per
acre foot of additional runoff created by the development. Such
fee shall be established by resolution of this Council. Said fees
shall be established as a condition of either the tentative map
LAW5 Ord. 1530 NCS 2 of 5
approval, or if none, as a condition of the site design approval.
Said fees shall be payable either prior to approval and recordation
of the final (or parcel) map, if any, or prior, to the issuance of
the first building permit for the project.
17.30.030 Basis of Fee CaTutation
In the case of residential and non-residential development,
the basis .for the fee shall be the calculated increase of developed
site runoff expressed in acre feet determined for a 100-year storm
(six inches of rain in 24 hours).
This difference shall be calculated utilizing the runoff
coefficients as published by the Sonoma County Water Agency.
17.30.40 Reduction of Fees.
The fees required herein for any project, shall be reduced in
a pro-rata amount, if the developer should construct, at his own
expense, on or off -site detention areas to accommodate part or all
of the incremental runoff created by the development.
17.30.050 Disposition of Funds.
All of the funds collected pursuant to this chapter shall be
deposited in a storm drainage improvement fund, and shall be used
for the acquisition, expansion, and development of storm drainage
improvements."
Section 2. Section 20.36.030 of the Municipal Code of the City of
Petalurm is hereby amended, in its entirety, to read as follows:
LAWS
Ord. 1530 NCS 3 of 5
1120.36.030 On and or off -site grading and drainage.
The subdivider shall provide on -site grading and
on-site*and/or off -site drainage, all:of which shall take
into consideration the drainage pattern of adjacent property
and shall treat upstream areas, where appropriate, as though
fully improved.
For those residential projects which drain into the
Petaluma River above the Washington Street' Bridge and which
cause an increase of normal runoff An excess of two acre feet,
the subdivider shall provide.on or off -,site detention areas to
accommodate such run-off."
Section 3. This ordinance is hereby declared to be necessary for
the immediate preservationof the public peace, health and safety of the
I. City of Petaluma, andshall take effect and be in force from and after
its final passage by a unanimous vote of the members of the City Council
present at the time of its adoption. The reason for the urgency is that
immediate work on those projects, which are authorized to be developed,
may be properly scheduled, especially in view of the impending rainy
season, with particular application to those portions of the projects
which relate to the protection of the publ:i,c peace, health and safety of
the citizens and property within the City of Petaluma.
Section 4. The City Clerk is hereby directed to 06i'f/publish this
ordinance for the period and in the manner required by the City Charter.
INTRO, ADOP= & ordered �U W/published this 20th day of
September, 1982, by the following vote:
LAWS Ord. 1530 NCS 4 of 5
AYES: Balshaw, Bond, Cavanagh, Harberson, Perry, Mayor Nattei
NOES: None
ABSENT: Battaglia
Attest:
' G r
City Clerk
ity Attorney
Mayor
LAW5 Ord. 1'530 NGS 5 of 5