HomeMy WebLinkAboutOrdinance 1653 N.C.S. 06/23/1986ORDINANCE NO. 1653 N.C.S.
INTRODUCED BY:
SECONDED BY:
MICHAEL DAVIS
AN ORDINANCE AMENDING SECTIONS 17.30.020, 17.30.030, 17.30.040
AND 20, 36.030 OF THE PET'ALUMA MUNICIPAL CODE
REGARDING STORM ,DRAINAGE IMPACT FEES AND
DECLARING THE URGENCY THEREOF TO
TAKE EFFECT IMMEDIATELY
BE IT ORDAINED BY THE COUNCIL OF THE CITY AS FOLLOWS:
Section 1. Section 17.30.020 of the Petaluma Municipal Code is hereby
amended to read as follows:
1117.30.020 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. For those projects whichcause an increase in runoff in
excess of two -acre feet, either on or off -site detention areas to
provide storage .capacity equal to the calculated increase or fees
shall be required. The decision as to which applies shall be at
the discretion of. the Director of Public Works/City Engineer.
The exact amount of the fee shall be established by the resolution
of this Council. For projects involving the subdivision of land
_payment of Storm Drainage Impact fees shall be imposed at the
time of approval of the tentative subdivision map or parcel map
and shall be paid prior to approval and recordation of the final
subdivision (or parcel) map.
ORD NO. 1653 N.C.S.
Page 1 of 4
If no subdivision is involved, fees shall be imposed at the time of
site plan and architectural review and paid prior to issuance of
the first building (grading) permit for the project..
B. For Commercial and/or Industrial -,Development: For such projects,
a fee shall be ,chargedat an -established amount per acre foot of
additional runoff created by the development. Such fee shall be
established by ,resolution Hof -this 'Council. For projects involving
the subdivision of land, said fees shall be established as a
condition of either the tentative map or parcel map approval.
Said fees shall be payable prior to the issuance of the first
building (grading) permit for the development of each parcel of
land created.
If no subdivision is involved, fees shall be imposed at the time of
site plan and architectural review and paid prior to issuance of
the first building (grading) permit for `the project.
Section 2. Section 17.30.030 of the Petaluma Municipal. Code is hereby
amended to read as follows:
17.30.030 - Basis of fee computation.
For residential and nonresidential development, the basis for the
fee shall be the calculated increase of developed site runoff
expressed in acre feet determined for a one -hundred -year storm
(six inches of rain in twenty-four 'hours).
The difference between developed an-d undeveloped property shall
be calculated utilizing the runoff coefficients published by the
Sonoma County Water Agency. The proportion of vegetated area
to total area may be used to calculate runoff coefficients for
single and two-family residential projects when the Director of
Public Works/City Engineer deems it appropriate and more
accurate.
ORD NO. 1653 - N.C.S.
Page 2 of 4
Section 3. Section 17.30.040 of the Petaluma Municipal Code is hereby
amended to read as follows:
17.30.040 - Reduction of fees.
The fees required herein for any project may be reduced in a
pro-rata amount, at the discretion of the City Council and on the
recommendation of the Director of Public Works/City Engineer if
the developer is permitted to construct., at his own expense, on
or off -site detention areas to accommodate part or all of the
incremental runoff created by the development.
Section 4. Section 20.36.030 of the Petaluma Municipal Code is hereby
amended to read as follows:
20.36.030 - 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, commercial, industrial or other projects
which drain into. ,the Petaluma River and which exceed normal
runoff,,, the subdivider shall provide., at . the discretion of the
Director � of Public Works / City Engineer:, pursuant to Chapter
17.30, on or off -site detention areas to ,accommodate such runoff,
or pay fees. Calculation of runoff fees and payment of the fees
shall be made pursuant to Chapter 17.30.
Section 5. Severability Clause.
ORD NO. 1653N.C.S.
Page 3 of 4
If any section, subsection, sentence, clause or 'phrase or word of this
ordinance is for any reason held to be unconstitutional by a court of
competent jurisdiction, such decision shall not affect the validity of the
remaining portions of the ordinance. The City Council of the City of
Petaluma hereby declares that it would have passed and adopted this
ordinance and each and all provisions thereof irrespective of the fact
that any one or more of said provisions be declared unconstitutional.
Section 6. This ordinance is hereby declared to be necessary for the
immediate preservation of the public health, welfare and safety of the
City and shall take effect and be in force upon its 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 to provide necessary
revenue for flood mitigation.
Section 7. The City Clerk is hereby directed to post/+R+-� this ordinance
for the period and in the manner required by the City Charter.
Introduced., adopted., and ordered posted this 2nd day of June, 1986,
by the following vote:
AYES: Dael�a, Sobel, Cavanagh, Balshaw, Vice Mayor Tencer, Woolsey
NOES: 0 Mayor Mattei
ABSENT:O
Mayor
004
ra'
M.156-
ORD NO. 1653 N.C.S.
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ord. storm. drainage. impact. fees
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