Chapter 13.07
PLANNED EXTRA-CAPACITY WATER FACILITIES
Sections:
13.07.030 Fees—Exceptions and installation payments.
13.07.040 Development prior to fee payment.
13.07.050 Fee schedule—Computation of fee.
13.07.060 Fee credits, reimbursements—Conditions and limitations.
13.07.080 Violation—Infraction.
13.07.010 Purposes.
The city council declares and finds that the development of land for urban uses substantially impacts the city’s water facilities, and that it is necessary to require the construction of and to establish and collect extracapacity water facility fees to defray the actual or estimated costs of constructing planned water facilities for the production, treatment, transmission and storage of potable water from within the community in order to promote and protect the public welfare, safety, peace, comfort, convenience and the general welfare; and for the accomplishment of the purposes more particularly set forth as follows:
A. To provide for planned extra-capacity water facilities within the community as required for the production, treatment, transmission and storage of potable water;
B. To provide for an additional method of financing construction of planned extra-capacity water facilities within the community;
C. To provide an authentic source of information regarding development of planned extra-capacity water facilities for present and prospective residences, developers and investors in property within the community;
D. To obviate the menace to public safety arising from inadequate provision of potable water occurring as the result of development of property within the community;
E. To prevent the deterioration of property values and impairment of conditions making for desirable residential, commercial or industrial development, as the case may be, which would result from the failure to construct planned extra-capacity water facilities;
F. To provide for the collection of extra-capacity water facility fees for construction of planned extra-capacity water facilities within the community at the time of the subdivision of land, as authorized by Section 66483 of the Government Code of California and this code, or at the time of other development thereof except as herein executed; such fees being, however, subject to credits as herein provided for revenues, assessments and other receipts theretofore collected with respect to any such parcel or parcels of land for construction of planned extra-capacity water facilities within the community. (Ord. 90-9 § 1 (part), § 2 (part), 1990)
13.07.020 Definitions.
Unless the particular provision or the context otherwise requires, the definitions contained in this chapter shall govern the construction, meaning and application of the words and phrases defined, and their derivatives and derivatives therefrom wherever applicable, whenever used in this chapter.
“Community” means and is defined as the area included in the adopted city general plan urban growth management boundary as it exists on June 12, 1990, the time of passage of the ordinance codified in this chapter and as it will exist with future updates of the city general plan that extra-capacity water facilities are intended to serve.
“Development” means any building, structure or other improvement, or the construction, erection, installation, addition or alteration thereof in, over or upon any parcel of land or the division of any parcel of land.
“Development” does not include any temporary building, structure or other improvement, or the construction, erection or installation thereof, which under the terms of any permit issued therefor or the provisions of this code or pursuant to such other assurance as the director may require may be maintained, not to exceed one year, or, if erected or installed, for the use in the performance of the work of a construction project until completion of such work. “Other improvement” means any development activity which, as determined by the director, materially alters and/or impacts the production, transmission, treatment and storage of water.
“Director” means the city manager of the city of Dinuba or his designee.
“Division” means the dividing of any parcel of land into one or more lots or parcels as described in this code, or any parcel of land which has been so divided.
“Extra-capacity water facility fees” means fees established and levied as provided in this chapter to pay all or a part of the cost of the planned extra-capacity water facilities and their appurtenances.
“Extra-capacity water facility plan” means a specific water system plan adopted by the city council for the community, which contains an estimate of the total cost of constructing the extra-capacity water facilities required by the plan, together with appurtenances.
“Gross acreage” means the area of a parcel of land, or the area of a proposed division, including those portions designated for streets and alleys and including those portions of all abutting streets and alleys measured to the centerlines thereof or to a line parallel with and thirty feet from the property line, whichever shall be the lesser. In the case of single-family residential uses occupying a corner parcel, the portions of the streets abutting the shortest side or one side in the case of a square parcel shall not be included.
“New development” or “development project” means any new building, structure or improvement of any parcels of land, upon which no like building, structure or improvement previously existed.
“Nonresidential unit” means each one thousand square feet of indoor floor area of construction intended primarily for commercial, retail, office, warehousing or industrial uses.
“Parcel of land” means any real property improved or unimproved shown on the latest equalized county assessment roll as a parcel and reflected by the assessor’s parcel maps prepared by the office of the county assessor.
“Planned extra-capacity water facilities” means water facilities required to develop the community. The term “facilities” includes, without limitation, real property and rights in property for use for and in connection with the installation of planned extra-capacity water facilities, and anything incidental thereto, all as may be required for the production, treatment, transmission and storage of potable water for the community.
“Planned extra-capacity water facilities fund” means a separate fund established by the finance director to finance extra-capacity water facilities in the community, into which all extra-capacity water fees collected on property within the community shall be deposited, and the moneys in which shall be expended solely for acquisition and construction of planned extra-capacity water facilities within the community.
“Residential unit” means a single- or multiple-family dwelling unit, consisting of one family per unit.
“Zoning ordinance” means a zoning division of the municipal code of the city. (Ord. 2015-02 § 3 (part), 2015; Ord. 90-9 § 1 (part), § 2 (part), 1990)
13.07.030 Fees—Exceptions and installation payments.
A. Except as otherwise provided in this section, an extra-capacity water facility fee shall be paid to the city on each parcel of land in the community prior to the commencement of the work of any development thereon or, in the case of any division of any parcel of land, prior to the approval of the final subdivision or parcel map thereof.
B. In the case of subdivisions which at the time of approval are zoned for industrial uses, the following applies:
1. If planned extra-capacity water facilities are required within the limits of or necessitated by such subdivision, the extra-capacity water fees which shall be paid prior to the approval of such division shall not exceed the cost of such planned extra-capacity water facilities. The balance of such fee obligation, if any, may be deferred.
2. If planned extra-capacity water facilities are not required within the limits of or are not necessitated by such subdivision, the extra-capacity water fees required by this chapter may be deferred.
3. Extra-capacity water facility fees deferred under the provisions of this subsection shall be payable and the amounts determined by the provisions of this chapter upon development of the land subject to such division and such deferred fees payable prior to the issuance of a certificate of occupancy.
C. Except in the case of single-family residential uses, the area of all additions, replacements, reconstructions, or the construction of a separate structure or other improvement on a previously developed parcel for which an extra-capacity water fee or assessment has not been fully paid or assessed, shall be deemed a parcel of land for the purposes of this chapter and an extra-capacity water fee is payable thereon when such area equals or exceeds five hundred square feet.
D. The director shall require:
1. The design, construction and dedication of planned extra-capacity water facilities located within or necessitated by such development or division; or
2. The combination of the payment of a partial extracapacity water facility fee as required herein and the design, construction and dedication of such planned extracapacity water facilities.
E. Exceptions. Except as otherwise provided herein, extra-capacity water fees are not payable for the performance of the local items of work as follows:
1. Except in the case of a subdivision, any development work which consists solely of the construction, erection or installation of:
a. Fences, pole lines, underground conduits or pipelines, or similar developments which, as determined by the director, do not materially alter the natural surface of a parcel of land, or
b. Concrete curbs, gutters, sidewalks, driveway approaches, paving or other street improvements within any street or alley;
2. Any development consisting solely of additions or alterations to any single-family residential dwelling or its accessory structures or other additional development on a developed single-family residential parcel;
3. Any reconstruction or replacement of a singlefamily residence destroyed by fire or condemnation; provided, that this exception shall not apply in the event that:
a. The use of the parcel or any portion thereof at the time of reconstruction or replacement is other than singlefamily residential,
b. Reconstruction or replacement does not occur within twelve months, or
c. The ownership of the parcel is changed following the occurrence which requires reconstruction or replacement thereof;
4. The construction of a single-family residential dwelling and accessory structures on land under one ownership having an area of five or more acres, and having no other dwelling located thereon except for temporary occupancy pending such construction, which land is used primarily for an agricultural pursuit consisting of raising tree, vine, field, forage or other plant life, crops of all kinds, or the maintenance, breeding and raising of poultry or animals.
F. Installment Payments. Except in the case of divisions, a portion of the extra-capacity water fee may be paid in installments when land is developed lying outside the boundaries of the community, at the written request of the owner, subject to the conditions hereinafter stated and provided, when:
1. Planned extra-capacity water facilities are not presently available to produce, treat, transmit or store potable water generated from the parcel of land to be developed for any use;
2. For industrial projects that employ on-site “green” electrical generation facilities that provide a significant portion of their energy demands, the extra-capacity water fee may be made in installment payments as follows:
a. Ten installment payments plus interest, provided at least twenty-five percent but less than fifty percent of the on-site electrical demand is met with on-site “green” electrical generation facilities with the first installment being due upon issuance of the building permit and each of the nine remaining installments being due on the anniversary of the permit issuance; or
b. Twenty installment payments plus interest, provided at least fifty percent of the on-site electrical demand is met with on-site “green” electrical generation facilities with the first installment being due upon issuance of the building permit and each of the nineteen remaining installments being due on the anniversary of the permit issuance;
3. In the discretion of the city manager, the installment payment of the major transportation facility fee is in the best interests of the city and in no case shall the installment plan be extended beyond twenty years. Such deferral shall include interest per annum at the rate of the highest Local Agency Investment Fund (LAIF) rate for the preceding twelve months plus one percent. Such deferral of payment shall be set forth in a writing signed by the property owner and shall constitute a lien upon the property and be recorded against the property until the fees are paid in full.
G. Conditions for Installment Payment. All owners who desire the installment payment of an extra-capacity water system fee as hereinabove provided and/or received a deferral of payment from the city manager, shall enter into an agreement with the city to be recorded against the property and shall provide that such unpaid fee be paid at the earliest of the following occurrences:
1. On the sale or transfer of any portion of such parcel;
2. Ninety days after written notice is mailed to the owner or owners by the director that the construction of planned extra-capacity water facilities designed to serve the community is to be commenced within one year of the date of the notice. The notice shall be sent to the owner’s address as it appears on the last equalized assessment roll and such fees shall become delinquent if not paid within the ninety-day period;
3. Upon default of such agreement, the unpaid balance of such fees shall immediately become due and payable.
H. The owner of the parcel shall agree to pay all court costs, attorney fees and interest at the legal rate from date of delinquency and, further, shall waive any and all defenses, legal or equitable, other than liquidated monetary setoffs against the city, if an action of law or foreclosure suit is instituted to enforce payment of the fee.
I. The agreement shall constitute a valid lien upon such parcel. The lien may be subordinated at the discretion of the director. The form and substance of the agreement, procedures, document or covenants to place the agreement and lien into effect shall be determined by the director subject to the approval of the city attorney. (Ord. 2008-04 § 2, 2009; Ord. 2007-01 § 2, 2007; Ord. 90-9 §§ 1 (part), 2 (part), 1990)
13.07.040 Development prior to fee payment.
It is unlawful for any person to construct, erect or install, or cause to be constructed, erected or installed, any development on any parcel of land on which the extra-capacity water facility fee required by this chapter has not been paid, and no building permit or other permit for any development shall be issued unless the required extra-capacity water facility fee has been paid or provision for payment made with the director. (Ord. 90-9 §§ 1 (part), 2 (part), 1990)
13.07.050 Fee schedule—Computation of fee.
A. The city council shall establish by resolution a schedule of fees calculated to raise the sum of money necessary to pay the estimated total cost, as set forth by the city engineer, of the planned extra-capacity water facilities for the community. Such schedule shall be conditioned and based on the following findings by the city council:
1. The planned extra-capacity water facilities for the community are in conformity with the facilities elements of the city’s general plan;
2. The development of property within the community will require construction or acquisition of the planned extra-capacity water facilities, as determined by the city engineer, and that the fees are fairly apportioned within the community either on the basis of benefits conferred on property developed or to be developed or on the need for planned extra-capacity water facilities created by proposed or existing development of property within the community;
3. Extra-capacity water facilities planned with respect to the community which are in addition to any existing extra-capacity water facilities serving the community, as determined by the city engineer, are necessary to complete the planned extra-capacity water facilities for the community.
B. The schedule of fees shall be those amounts established by resolution of the city council adopted on June 12, 1990, and shall remain in effect until March 1, 1991. Effective March 1, 1991, and each succeeding March 1st thereafter, the schedule of fees may be adjusted in accordance with the following criteria:
1. On January 1st of each year beginning 1991, the director shall review the current National Engineering News Record Construction Cost Index (ENRCCI) for Los Angeles, California. When such index differs from the index for the preceding January 1st, the factor of increase or decrease shall be applied to the schedule of fees. Such factor shall be computed by dividing the ENRCCI for the current January 1st by that pertaining to the previous January 1st. The individual extra-capacity water fee rates shall be multiplied by such factor to determine the adjusted schedule of fees;
2. The director shall add to the schedule of fees the extra-capacity water fee rates for the community established by the city council concurrently with the amendment of the general plan adding thereto such new planned community extra-capacity water facilities;
3. In the event of the establishment by resolution of the council of a new schedule of fees, the adjustment of such schedule provided in subsection (B)(1) of this section shall begin the January 1st occurring after such new schedule has been in effect for twelve months and shall include the period from the date of the adoption of such new schedule to such January 1st.
C. The rates used to compute extra-capacity water facility fees levied and collected pursuant to this chapter for parcels of land located in the community shall be those rates set forth in the schedule of fees established by resolution of the city council as set forth in this section.
D. When a development is proposed on only a portion of any parcel of land, the director may designate on the approved plot plan the portion of such real property on which the development is to occur as the area to be developed. The payment of the extra-capacity water facility fee shall be limited to such designated area subject to the following conditions:
1. Such designated area shall include all areas to be the subject of activity which materially impacts the production, treatment, transmission and storage of potable water to such parcel of land;
2. Such designated area shall equal or exceed the minimum area established for the applicable use identified in the zoning ordinance;
3. The area of such parcel of land remaining undesignated shall equal or exceed the minimum area established for the applicable land use identified in the zoning ordinance. (Ord. 2015-02 § 3 (part), 2015; Ord. 90-9 §§ 1 (part), 2 (part), 1990)
13.07.060 Fee credits, reimbursements—Conditions and limitations.
A. In the computation of the extra-capacity water facility fee payable because of development or division of any parcel of land, a credit shall be allowed for planned extra-capacity water facilities installed with respect to such parcel. Such credits for actual cash expenditures for the construction of extra-capacity water facilities constructed and still in existence and use in any street, alley or public easement and not constructed by special assessment proceeding shall be allowed, subject to the following conditions and limitations:
1. Facilities considered for such credits shall have been constructed in conformance with the standards of the city in effect when such facilities were constructed;
2. The director shall certify that such facilities are in conformance with, and beneficial for use in connection with, the planned extra-capacity water facilities installed or to be installed in the community;
3. The credit allowed shall not exceed the cost of such facilities, as determined by the director from actual cost records or by applying estimates of construction costs prevailing at the time such facilities were constructed; provided, that no credit shall be allowed because of public easements, the dedication of which may have been required by the city in conjunction with development or divisions as defined in this chapter;
4. The facilities shall have been constructed and paid for with respect to the parcel for which credit is claimed and are located in or will serve the area within which is located the parcel for which credit is claimed;
5. Proof to the satisfaction of the director shall be made by the person claiming the right of such credit hereinunder of the amount of the actual cash expenditures for which credit is claimed;
6. The city shall have acquired ownership of the facilities without cost;
7. When the facilities for which credit is claimed benefit more than one parcel of land and only a portion of the total allowable credit is claimed, the city may, in the absence of an agreement among the owners of the parcels eligible for such credit, estimate the total cost of the facilities at the time of construction and apportion the total credit allowable for such facilities among the benefiting parcels in a manner that the city, in its sole discretion, shall deem equitable;
8. Except in the case of public agencies, in the event the actual cash expenditures as determined by the director in subdivision (3) of this subsection exceed the total extra-capacity water facility fee payable because of the development or division of any parcel of land, the city shall contract with the developer or divider to refund such excess credits to the owner or owners of such parcel or parcels of land for which such expenditures were made. Such refunds shall be paid from extra-capacity water facility fees paid pursuant to subsequent development or division of other parcels of land within the community which are served by the planned extra-capacity water facilities for which such refund is due. Such refunds shall be paid to the person or persons owning the parcel or parcels for which such excess credits exist at the time of such refunds. The payment of such refunds is to be made no later than ninety days from the date of transfer to the general fund of the city of the extra-capacity water facility fees from which such refunds are to be paid. Should there not be sufficient subsequent extra-capacity water facility fees available or should the facilities required to provide the level of water service prescribed by law not be available by the date of the refund contract, any remaining obligation of the city to refund such excess credits shall expire. Nothing herein shall preclude the partial payment of such refunds when sufficient funds are determined by the city to be available and all other conditions of this subdivision have been met.
B. Credits for assessments previously levied for planned extra-capacity water facilities by special assessment proceeding shall be allowed, subject to the following conditions and limitations:
1. Such facilities shall have been constructed in conformance with the standards of the city in effect when such facilities were constructed;
2. The director shall certify that such facilities are in conformance with, and beneficial for use in connection with, the planned facilities installed or to be installed in the community;
3. The credit allowed shall be equal to the amount of the assessment and any supplemental assessment levied upon the parcel of land, which was paid in cash or which became security for a bond or bonds issued in the special assessment proceeding. If one assessment was levied for extra-capacity water facilities and other improvements in the same proceeding, the director shall determine, from the engineer’s report in the assessment proceeding, if available, otherwise on cost estimates supplied by the director, the proportion of the assessment attributable for such facilities, and the amount so determined by him shall be the credit allowed.
C. If an extra-capacity water facility fee was paid on all or a portion of the parcel of land pursuant to this chapter, and an additional extra-capacity water facility fee is payable under any provision of this chapter, credit shall be allowed equal to the amount previously paid. (Ord. 909 §§ 1 (part), 2 (part), 1990)
13.07.070 Appeals.
A. In the case that the amount of any extra-capacity water facility fee shall be disputed, the city shall allow such fee to be paid under protest. Such protested fee shall be reviewed by the director and the correct amount thereof determined according to law in connection with any such dispute.
B. In the case of a dispute as to any requirement under the provisions of Section 13.07.030(D), an appeal of such requirement may be filed with the city council. Such appeal must be filed in written form with the director by the owner of such development subject to the requirements in dispute within thirty days of the notification of such requirement. The decision of the city council shall be final. (Ord. 90-9 §§ 1 (part), 2 (part), 1990)
13.07.080 Violation—Infraction.
Any person, firm or corporation violating any of the provisions of this chapter, including any or all other amendments, revisions or supplements, is guilty of an infraction and, upon conviction, shall be punished accordingly, as set forth in Section 1.16.010 of this code. If any violation is continued, each day’s violation is deemed a separate infraction. (Ord. 96-2 § 11, 1996: Ord. 90-9 §§ 1 (part), 2 (part), 1990)