Azusa Municipal Code Div. 5 System Development Fee

Footnotes:

--- (9) ---

Cross reference— Businesses generally, ch. 18.

This division may be referred to as the Water System Development Fee Ordinance of the city.

(Code 1971, § 16.36.010; Ord. No. 96-08, § 1, 10-7-96)

The purpose of this division is to establish a water system fee structure in accordance with Government Code § 66000 et seq. that imposes upon future development within the water system service area, and areas outside the present water system service area which can be reasonably served, an equitable share of the costs of future water system improvements.

(Code 1971, § 16.36.020; Ord. No. 96-08, § 2, 10-7-96)

The city council finds as follows:

(1) a. Future development of property within the water system service area will result in demands for water service that exceed the capacity of the existing water system.

b. Future development of property outside the water system service area, but which can be reasonably served by the water system will result in demands for water service that exceed the capacity of the existing water system.

(2) Failure to expand the capacity of the existing water system will cause unacceptable deficiencies in water pressures and water storage to meet peak demands and fire flow requirements.

(3) Existing and future sources of revenue are inadequate to fund a substantial portion of the water system improvements required to accommodate the increased demand for water services.

(4) The impacts of contemplated future development have been studied and presented to the city council in a report entitled "City of Azusa Water Facility Fee Evaluation, July 1996" prepared by Civiltec Engineering, Inc., and the "City of Azusa Water System Master Plan, March 1995" prepared by Montgomery Watson, which reports analyze the need for the water system improvements and set forth the relationship between new development, water system improvements to accommodate the new development, and the estimated cost of those improvements.

(5) The water system fee structure provided for by this division is established in accordance with the requirements of Government Code § 66000 et seq. and provides for a fair and equitable method of distributing the costs of water system improvements necessary to accommodate water system needs generated by future development within the service area of the water system.

(Code 1971, § 16.36.030; Ord. No. 96-08, § 3, 10-7-96)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Development project shall mean the construction of residential, commercial, industrial or other buildings and structures and the addition of floor space to existing nonresidential buildings and structures. "Development project" shall also mean any change of use of property which requires a building permit and which will require additional water service above which can be reasonably associated with the current use of the project or any other project involving the issuance of a permit for construction or reconstruction.

Improvements shall mean the systematic program for upgrading the water system to be phased over the succeeding 18 years from the effective date of this chapter. The nature and extent of these improvements and their associated cost estimates are contained in the report entitled "City of Azusa Water Facility Fee Evaluation, July 1996."

Maximum buildout shall mean the anticipated maximum amount of future development permitted by the general plan and zoning ordinance in the city or the county or other city having jurisdiction over a portion of the water system service area and shall be expressed in terms of the number of undeveloped units permitted within each land use zoning category.

Water system improvements mean those improvements necessary to implement the water system improvement plan and includes but is not limited to construction of new reservoirs, new transmission and distribution lines, installation of new booster pumps and telemetry and control devices.

Water system service area shall mean the service area of the city light and water department and the service area of the Azusa Valley Water Company.

Water system shall mean the water system of the city light and water department and the water system of the Azusa Valley Water Company. The water system consists generally of piping, pumping facilities, reservoirs and treatment facilities.

Ultimate water system service area shall mean the properties outside the existing water system service area which can be reasonably served by the water system.

(Code 1971, § 16.36.040; Ord. No. 96-08, § 4, 10-7-96)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a) A water system development fee is established and imposed upon all development projects within the service area of the water system. The city council shall set forth in a separate resolution called the "Water System Development Fee Resolution" the specific amount of the fee, list of the specific public improvements cost of these improvements, and a description of the reasonable relationship between the fee and the various types of new development.

(b) A water system annexation fee is hereby established and imposed upon all development projects outside the existing service area of the water system which duly request water service from the city light and water department and which can be reasonably served by the water system. The city council shall set forth in a separate resolution called the "Water System Annexation Fee Resolution" the specific amount of the fee, list of the specific public improvements cost of these improvements, and a description of the reasonable relationship between the fee and the various types of new development.

(Code 1971, § 16.36.050; Ord. No. 96-08, § 5, 10-7-96)

The director of utilities shall be responsible for calculating the fee required by this division in accordance with the terms of this division and the water system development fee resolution.

(Code 1971, § 16.36.050)

(a) Any developer or property owner subject to the fees described in this division may apply to the city council for a reduction or adjustment to that fee or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the impacts to the water system of that development and either the amount of the fee charged or the type of facilities to be financed.

(b) The application shall be made in writing and filed with the city clerk not later than 30 days prior to the public hearing on the development permit application for the project or, if no development permit is required, at the time of the filing of the request for a building permit or occupancy permit. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment.

(c) The city council shall consider the application at the public hearing on the permit application or at a separate hearing when a public hearing is not otherwise required to be held within 60 days after the filing of the fee adjustment application. The decision of the city council shall be final.

(d) If a reduction, adjustment or waiver is granted, any change in use on such property or any increase in the square footage of the development project shall invalidate the waiver, adjustment or reduction of the fee.

(Code 1971, § 16.36.070)

The fee paid pursuant to this division shall be placed into a separate capital facilities fund to be used solely for the purpose of construction of water system improvements necessary to complete implementation of the water system improvement plan. This fund shall be kept in a manner to avoid commingling of the fees of other revenues and funds of the city.

(Code 1971, § 16.36.080)

Prior to July 1 of each year, during the budget review process, the city council shall review fund balances and required water system improvements and make a determination as to whether the amount and type of fees under this division should be adjusted. The council shall also make findings and take whatever other actions are required by law.

(Code 1971, § 16.36.090)

Pursuant to this division, the water system improvement plan shall be annually updated by a resolution of the city council adopted at a noticed public hearing.

(Code 1971, § 16.36.100)

A developer shall be entitled to a reduction in the amount of the fees required by this division by the amount of engineering and construction costs that have been or will be reasonably incurred for water system improvements required to be constructed or installed by the developer as a condition of development approval. All fee reductions for in-lieu contributions shall be subject to the prior approval of the director of utilities and shall be limited to actual engineering and construction costs for improvements consistent with the city's water systems standards. Costs for improvements which exceed the city's water system standards or are in addition to the requirements imposed by the city shall be excluded from the amount by which the fees shall be reduced.

(Code 1971, § 16.36.110)

The fees required by this division shall be supplementary to the fees and conditions imposed upon development projects pursuant to the Subdivision Map Act (Government Code § 66410 et seq.) or the Environmental Quality Act (Public Resources Code § 21000 et seq.) and other state and local laws, ordinances or administrative regulations which may authorize the imposition of conditions or fees on development.

(Code 1971, § 16.36.120)

The director of utilities shall be responsible for administering this division. Decisions made by the director may be appealed to the city council within ten days of the director's decision.

(Code 1971, § 16.36.130)