Barstow Municipal Code Ch. 13.36 Water Development Fee

Footnotes:

--- (4) ---

State Law reference— Fees for development projects, Government Code § 66000 et seq.

(a) The city council finds and determines that the adoption of a Lenwood Road/Interstate 15 (hereinafter collectively referred to as "subject area") water development fee ordinance will raise revenues sufficient to enable the city to provide for the construction of water system improvements to accommodate water and fire protection needs generated by the development and redevelopment of land within the subject area interchange more particularly described as follows:

All of the properties within section 16; the south half of section 17; section 21, except the southwest ¼ of the southwest ¼ thereof; the southwest ¼ of section 22; the west one-half of section 27, and the east one-half of section 28, Township 9 North, Range 2 West, San Bernardino Meridian in the City of Barstow, County of San Bernardino, State of California.

(b) The city council finds that implementation of the Lenwood Road/I-15 master water facilities plan on file in the office of the city engineer will result in a water supply system which has the capacity to accommodate additional water and fire protection needs of the Lenwood Road/I-15 area generated by anticipated future development consistent with the city's general plan.

(c) The city council finds that the property described in this section shall benefit from water system improvements due to the increased availability of water supply in the area as well as the resultant increase in fire protection.

(d) The city council finds and declares that the ordinance codified in this chapter contains a fair and equitable method of determining the extent to which a property would be benefitted and establishes a fair and equitable method for distribution of costs of subject water system improvements.

(e) The city council finds and declares that the Lenwood Road/I-15 Area master water facilities plan is needed in order to further implement the general plan of the city and further the health, safety and welfare of the city.

(Code 1969, § 13.36.010; Ord. No. 571, § 1(part), 1987; Ord. No. 595, § 1, 1988)

(a) In order to better provide water to new and existing developments in the subject area, the city must impose a fee. This fee shall be known as the Lenwood Road/I-15 water development fee.

(b) The purpose of this chapter is to require developers of property in the subject area and existing property owners who may need to access water provided by subject water system improvements to pay a fee which is related directly to the incremental financial burden imposed upon the city by capital outlay for construction of the water system improvements as described in the Lenwood Road/I-15 master water facilities plan hereinafter collectively referred to as "plan" on file in the office of the city engineer.

(c) The water development fee is the most practical and equitable method of financing the construction of said water facilities. This fee is intended to recover all costs incurred by the city in providing for subject water facilities.

(Code 1969, § 13.36.020; Ord. No. 571, § 1(part), 1987)

(a) Each developer of a new development located in the subject area shall pay to the city as a condition precedent to the issuance of any certificate of occupancy for such new development, a water development fee.

(b) Each property owner or tenant of property located in the subject area who wishes to be served or is required by law to be served by any portion of the water system improvements including any fire protection systems shall pay to the city a water development fee as a condition precedent to receiving water service or final approval of any permit relating thereto.

(c) Such water development fee shall be calculated on the basis of parcel size. Said fee shall include annual adjustments to offset inflationary conditions. The annual adjustment shall be made in conformance with the annual change in the state construction cost index as published by the state business and transportation agency. Further, such annual adjustments shall be made on July 1 of each year.

(d) The city engineer shall determine actual charges in accordance with the following:

Parcel size in acres × $1,890.00 × annual adjustment = fee.

(e) If a developer elects to provide for any portion of the water system described in the plan at said developer's expense, such expense shall be credited against the water development fee. Such credits shall be determined by the city. In the event the developer's expense exceeds the development fee for such development, the city may, at its option, enter into a reimbursement agreement with developer for the excess costs.

(Code 1969, § 13.36.030; Ord. No. 571, § 1(part), 1987; Ord. No. 595, § 2, 1988)

(a) The sums derived from the collection of the water development fee shall be held in trust by the treasurer of the city and shall be distributed according to the fiscal and budgetary provisions of the city and subject to the following conditions and limitations. The proceeds from the development fee including earnings from investments thereof shall be used only for the payment of expenses related to the construction of water facilities and appurtenances described in the plan. Such expenses shall include the payment or repayment of design, construction, and/or administrative expenses related thereto.

(b) The city treasurer is authorized and directed to deposit the sum of $525,000.00 into the water development fee fund for the purpose of initiating the first phase of subject water improvement plan. Said sum shall be transferred from the city capital outlay fund. This initial outlay of funds ($525,000.00) shall be reimbursed to the city from the proceeds of subject water development fee charges over a period of time until said funds are completely reimbursed.

(Code 1969, § 13.36.040; Ord. No. 571, § 1(part), 1987)

For the purpose of this chapter, the following definitions shall apply, unless the context or subject matter otherwise requires:

Developer means any person, firm, property owner, or entity receiving approval from the city for a new development.

New development means any addition, extension, conversion, or enlargement of an existing structure, or any new construction requiring a building permit.

(Code 1969, § 13.36.050; Ord. No. 571, § 1(part), 1987)