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HomeMy WebLinkAboutOrdinance 1647 N.C.S. 03/17/1986MAR 1 7 1986 ORDINANCE NO. 1647 N.C.S. SECONDED BY Councilman Davis Councilmember Woolsey AN ORDINANCE AMENDING SECTION 17.30.010 AND SECTION 17.30.020 OF THE PETALUMA 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 OF FOLLOWS.: Section 1. Section 17.30.010 of the Petaluma Municipal Code is hereby amended in its entirety to read as follows " 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 revenues, 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 by new development within the area identified as developable on the City's General Plan and Environmental Design plans . Those projects which drain into the Petaluma River and its tributaries and which exceed normal runoff will require the construction of detention areas to accommodate 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 costs of construction of said improvements to be borne by all of the developments within the City Ord No. 1647 N.C.S. io of Petaluma, all of which generate the need for detention area improvements ." Section 2. Section 17.30.020 of the Petaluma Municipal Code is hereby amended in its entirety to read as follows "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 Commercial 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 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." Section 3. 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 . 2 Ord No. 1647 N.C.S. ...-; .' Section 4. The City Clerk is hereby directed to post/publish this ordinance for the period and in the manner required by the City Charter. INTRODUCED AND ordered posted/published this 17th day of March, 1986. ADOPTED this 17th day of March 1986 by the following vote AYES: Cavanagh, Davis, Woolsey, Tencer, V.M. lshaw, Mayor Mattei NOES : None jI ABSENT: One seat vacant ~' /j'/~~ l / ATTEST, ~-. /J ` i NlayO ~ricia E. Bernard City Clerk Approved as t Joseph A rest City Attorney ord amend 17.30 pmc ORD 2. 3 Ord No. 1647 N.C.S.