HomeMy WebLinkAboutOrdinance 1530 N.C.S. 09/20/1982J
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ORDINANCE NO. 1530 N. C. S.
•INTRODUCED BY Councilman
G. Roland Bonci
SECONDED BY Councilman
JoYin Balshaw
AN ORDINANCE ADDING CHAPTER 17.3'0 TO TITLE 17 OF THE
PETALUMA MUNICTPAL CODE ESTABLISHING CRITERIA FOR STORM
DRAINAGE IMPACT FEES AND AMENDI-NG SECTIDN 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. Ther•e is hereby added to the Municipal Code of the City
of Petalim~a, Chapter 17.30, which_is to read as follows:
"QdAPri~R 17 . 3 0 "
SIL~M DRAINAGE IMPA~T FEES
Sections:
17.30.010 Findings
17.30.020 Payment of Fees Required
17.30.030 Basis for Fee Con}~utat,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 tha_t due to the present
and future curtailment of said revenue; property tax r.evenue even in
c~ination with other city revenues wi11 not be suffioient to provide
for necessary construction of major public irr~rovements made necessary
LAWS Ord. 1530 NCS 1 of 5
ord/detention fees
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by new develo~ment within the area identified as developable on the
city's general plan and enviror~mental design plans.
Specifically, those projects which drain into the Petal~una
River above the Washington Street Bridge and which exceed normal rtmoff
will require the construction of detention areas to acconm~date 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
ir~rovements to be borne by those develoFxnents which drain into the
Petalt~ana River above the Washington Stree.t Bridge, thereby generating
the need for detention area improvements.
17.30.020 Payment of Fees Required.
(a) For Residential Develop~nent: 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 amounf 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 ma.p and shall be paid prior to approval and recordation
of the final (or parcel) subdivision map.
(b) ' For C.ocrrnercia-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 develo~nent. Such
fee shall be established by resolution of this Cotmcil. Said fees
shall be established as a condition of either the tentative map
LAW5 Ord. 1530 NCS 2 of 5
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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 Ca~~utation
In the case of residential and non-re'sidential development,
the basis .for the fee shall be the calculated increase of developed
site runoff expressed in acre feet detexmined 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 Sonana 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
e~ense, on or off-site detention areas to accannodate part or all
of the incr~nental rtmoff created by the develo~xnent.
17.30.050 Dispo'sition of Funds.
All of the funds collected pursuant to this chapter shall be
deposited in a storm drainage irr}~rovernent fund, and shall be used
for the acquisition, e~ansion, and develo~xnent of storm drainage
irr~rovement s . "
Section 2. Seetion 20.36.030 of the Municipal Code of tYie City of
Petalt~na is hereby amended, in its entirety, to read as follows:
LAWS
Ord. 1530 NCS 3 of 5
"20.36.030 On and or off-site gr.ading 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
a:nd shall treat' upstream areas, wher-e appropriate, as though
fully irriproved.
For those residential projects which drain into the
Petaltm~a River above the Washington Street' Bridge and which
cause.an increase of norrnal runof;f :in excess of two acre feet,
the subdivider shall provide.on or off-,site detention areas to
acconmodate such run-off."
Section 3. This ordinance is hereby declared to be necessary for
the imnediate preservation o;f the public peace, health and safety of the
'~ Ci ty of Petalurna , and shal l take ef fect and be in force from and af ter
its final passage by a un.anit~us vote of the n~ers of the City Council
present at the time of 'its adoption. The reasoii for the urgency is that
inmediate work on those pr.ojects, which are authorized to be developed,
may be properly s,cheduled, especially in vi.ew of the irr~ending rainy
season, with particular application to those porf.ions of the projects
which relate to the proteetion of the publ:i:c peace, health and safety of
the citizens and property withi-n the City of Petaltuna.
Sec:tion 4. The City Clerk is hereby direc,ted to ~~~~/publish this
ordinance for the period and in the manner required by the City Charter.
INTR~, ADOPI~ & ordered ~~~;t~~lpublished this 20th day of
September, 1982, by the following vote:
LAWS Ord. 1530 NCS 4 of 5
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AYES: Balshaw, Bond, Cavanagh, Harberson, Perry, Mayor.Mattei
NOES: None
ABSFNT: Battaglia
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Attest:
Mayor
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City Clerk
i ty At`torney
LAW5 Ord. 1'530 NC:S 5 of 5