Oceanside Municipal Code Art. IV Water System Improvement Fees

Footnotes:

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Editor's note— Ord. No. 76-20, §§ 1—8, adopted May 5, 1976, specifically amended the Code by adding Art. IV, §§ 37.88—37.95, as herein set out.

Potential water system improvement districts may be established by resolution of the city council after a recommendation therefor is made by the principal water engineer. Water storage and distribution system improvement fees based upon the principal water engineer's estimated cost shall be established in said resolution for each area and may be adjusted as necessary to reflect changing costs. Each potential district shall be established by separate resolution of the city council which shall accurately designate by title and accompanying map the district boundary and principal major facilities to be constructed.

(Ord. No. 76-20, § 1, 5-5-76; Ord. No. 21-OR0475-1, § 37, 6-16-2021)

(a) When the owner of property lying within an area designated by the city as a potential water system improvement district proposes to develop, improve, change or revise the existing use of all or a portion of the property in such a manner as to create an increased demand for water storage and distribution system facilities, the owner shall deposit the water system improvement fee established by the city for the affected property prior to:

(1) Filing a final subdivision of parcel map;

(2) Obtaining a development plan or conditional use permit;

(3) Obtaining a permit for construction of residential, commercial or industrial buildings or other structures.

(4) Requesting a new water meter, one and one-half (1½) inches diameter or larger in size.

(b) Said water system improvement fee shall not be required for the construction of a single-family residence and/or appurtenant structures on an existing parcel unless one or more of the other above conditions are also applicable.

(Ord. No. 76-20, § 2, 5-5-76)

Storage and distribution system facilities of district-wide benefit previously constructed by improvement districts, by or to be constructed by developers or property owner shall be credited toward the fee on the basis of verified original costs.

(Ord. No. 76-20, § 3, 5-5-76)

Storage and distribution system facilities of district-wide benefit which are constructed by the city on or after January 1, 1975, through general bonds, revenue bonds, or other capital outlay sources may be acquired by the particular district provided the city is reimbursed for the original cost of the facilities from the fees or improvement district funds.

(Ord. No. 76-20, § 4, 5-5-76)

Fees collected shall be used only for the design, construction or purchase of water storage reservoirs, distribution mains, pumping or pressure regulating stations, and appurtenant water system facilities where the sizes and capacities required are in excess of established minimum standards for water distribution system extensions and are specifically of benefit to the particular district.

(Ord. No. 76-20, § 5, 5-5-76)

Development within each district will be limited to the reasonable capacity of the existing water storage and distribution system facilities as determined by the city at which time no further development will be permitted except upon formation of a water improvement district.

(Ord. No. 76-20, § 6, 5-5-76)

(a) The city shall designate a separate account for each potential water system improvement district created hereby into which all fees collected shall be deposited. Expenditures from each account shall be made only upon authorization of the city council in accordance with the provisions set forth herein.

(b) The city manager shall be responsible for properly administering the provisions of this article and making reports and recommendations to the city council relative thereto, including an annual report for each fiscal year for each district.

(Ord. No. 76-20, § 7, 5-5-76)

Upon formation of a 1911 Act of 1913 Act Improvement District for the construction of all of the remaining major water storage and distribution system improvements of specific benefit to a district hereby designated and defined the balance of funds remaining in the particular potential improvement district shall be transferred to the improvement district and the final assessment established by the city for each property shall be reduced by the amount of the fee previously collected for that property as set forth herein.

(Ord. No. 76-20, § 8, 5-5-76)