Tulare Municipal Code Ch. 7.10 Groundwater Overdraft Mitigation

The City Council of the City of Tulare finds determines and declares that:

(A) Local water resources are among the most precious resources of the city and surrounding area;

(B) Management of the water resources serving the residents of the city is critical to the long-term health, welfare and safety of the citizens of the city;

(C) The city’s primary water supply is from underground water resources, which are being depleted by groundwater extraction in excess of groundwater replenishment (“groundwater overdraft”);

(D) Conversion of land from agricultural to urban uses increases the local groundwater overdraft and has the potential to seriously deplete available groundwater resources over time;

(E) Provision of municipal water supplies by the city contributes substantially to the continuing groundwater overdraft;

(F) The impact of existing and proposed development on groundwater overdraft has been determined through a technical study prepared by the city, which study has been reviewed and considered by the City Council of the city prior to adoption of this ordinance. The technical analysis provides the basis for the fees established by ordinance and resolution; and

(G) California Constitution, Article XI, § 7, Cal. Public Utilities Code §§ 6203 and 6294, §§ 3 and 15 of the City Charter authorize the city to enact this chapter.

(1995 Code, § 7.10.010) (Ord. 06-2008, passed - -2006)

The purpose of this chapter is to assess impact fees upon new development and a volumetric fee upon existing urban water supplies to fund programs to mitigate the impact of new development and existing water extractions upon conditions of groundwater overdraft. Specifically, this chapter is intended to fund activities and projects to mitigate impacts to conditions of groundwater overdraft. The activities will include, but not be limited to, the following:

(A) Acquisition of surface water rights and surface water supplies;

(B) Development of groundwater recharge facilities;

(C) Reconfiguration of stormwater facilities designed to retain as much stormwater as possible within and near the city;

(D) Enhancement of cooperative programs with local water management agencies and companies; and

(E) Development of more efficient water delivery systems.

(1995 Code, § 7.10.020) (Ord. 06-2008, passed - -2006)

(A) This chapter shall be known and may be cited as the “City of Tulare Water Resource Management and Groundwater Overdraft Mitigation Fee Ordinance”.

(B) The City Council of the city has the authority to adopt this chapter pursuant California Constitution, Article XI, § 7, Cal. Public Utilities Code §§ 6203 and 6294, §§ 3 and 15 of the City Charter.

(C) This chapter shall apply in the incorporated area of the city to the extent permitted by Article XI of § 7 of the Constitution of the State of California.

(1995 Code, § 7.10.030) (Ord. 06-2008, passed - -2006)

(A) The provisions of this chapter shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety and welfare.

(B) For the purpose of administration and enforcement of this chapter, unless otherwise stated in this chapter, the following rules of construction shall apply to the text of this chapter:

(1) In case of any difference of meaning or implication between the text of this chapter and any caption, illustration, summary table or illustrative table, the text shall control.

(2) The word “shall” is always mandatory and not discretionary; the word “may” is permissive.

(3) Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the single, unless the context clearly indicates the contrary.

(4) The word “person” includes an individual, a corporation, a partnership, an incorporated association or any other similar entity.

(5) Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction “and”, “or” or “either...or”, the conjunction shall be interpreted as follows:

(a) “And” indicates that all the connected terms, conditions, provisions or events shall apply.

(b) “Or” indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

(c) “Either...or” indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

(6) The word “includes” shall not limit a term to the specific example, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(1995 Code, § 7.10.040) (Ord. 06-2008, passed - -2006)

(A) Any person seeking a building permit within the city, shall be required to pay the fee specified below.

(1) The fee shall be assessed per unit or per acre of land to be developed, and will be established by the city’s annual fee ordinance.

(2) The obligation to pay the fee shall be made a condition of issuance of the building permit.

(3) The fee paid shall be in addition to all other impact fees paid prior to issuance of a building permit.

(B) In lieu of payment of the fee specified in division (A) above, and with concurrence of the city, any person seeking to annex, subdivide or otherwise procure entitlement to develop property within the city may dedicate water rights to the city. The city, in its sole discretion, shall determine whether the dedication equals in value the amount of the fee otherwise applicable pursuant to division (A) above.

(1995 Code, § 7.10.050) (Ord. 07-18, passed 8-7-2007; Ord. 06-2008, passed - -2006)

As established by resolution of the Board of Public Utilities Commissioners, all users of municipal water service in the city shall pay a groundwater impact mitigation fee to be assessed on the monthly water bill.

(1995 Code, § 7.10.060) (Ord. 06-2008, passed - -2006)

The fees established by §§ 7.10.050 and 7.10.060 were determined by evaluating the impact of development on existing conditions of groundwater overdraft, and calculating the cost of the water and facilities necessary to mitigate the impact. A technical study was prepared to make the determination.

(1995 Code, § 7.10.070) (Ord. 06-2008, passed - -2006)

All funds collected shall be used exclusively for the purposes specified in § 7.10.020.

(1995 Code, § 7.10.080) (Ord. 06-2008, passed - -2006)

If a building permit or permit for mobile home installation expires without commencement of construction, then the fee payer shall be entitled to a refund, without interest, of the fee paid plus a condition of its issuance; except, that the city shall retain three percent of the fee to offset a portion of the costs of collection and refund. The fee payer must submit an application for the refund to the city within 30 days of the expiration of the permit. Within 20 working days of receipt of an application for refund the city shall issue a refund issue written findings as to why the refund shall not be made.

(1995 Code, § 7.10.090) (Ord. 06-2008, passed - -2006)

The City Council of the city may modify the fee established in § 7.10.050 annually by ordinance if the assumptions utilized in calculating the fee have changed. The Board of Public Utilities Commissioners may modify the fee established in § 7.10.060 annually by resolution if the assumptions utilized in calculating the fee have changed. The modifications adopted by ordinance and resolution will not be based on a change in the method of calculating the fees. Absent action by the City Council to modify the fees, each April of each year the chief financial officer shall review the current Engineering News Record Construction Cost Index (ENRCCI) for the cities of Los Angeles and San Francisco, California. When the average of the indices differs from the average of the indices for the preceding April 1, the factor of increase or decrease shall he applied to the fee established in § 7.10.050.

(1995 Code, § 7.10.100) (Ord. 06-2008, passed - -2006)

Any violation of this chapter shall be prosecuted in the same manner as misdemeanors are prosecuted and, upon conviction, the violator shall be punishable according to law; however, in addition to or in lieu of any criminal prosecution the city shall have the power to sue in civil court to enforce the provisions of this chapter.

(1995 Code, § 7.10.110) (Ord. 06-2008, passed - -2006)

If any section, phrase, sentence or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, the portion shall be deemed a separate, distinct and independent provision, and the holding shall not affect the validity of the remaining portions thereof.

(1995 Code, § 7.10.120) (Ord. 06-2008, passed - -2006)