Chapter 14.33
WATER CAPITAL IMPROVEMENT CHARGES
Sections:
14.33.030 City Council Action.
14.33.040 Water Capital Improvement Charges.
14.33.060 Revision of Water Capital Improvement Charges.
14.33.070 Water System Development Fund.
14.33.080 Terms and Conditions of Reimbursement.
14.33.090 Waiver of Water Capital Improvement Charges.
14.33.110 Administration and Appeals.
14.33.120 Other Fees Not Waived.
14.33.010 Policy Statement.
The City Council makes the following findings:
It is anticipated that the City will experience a period of some growth during the next several decades. Part of this growth will occur in those areas of the City which are not relatively undeveloped. In addition, it is likely that new territory will be added to the City by annexation. In order to provide water service to these areas as the need for such service arises, it will be necessary for the City to undertake a long-range capital improvement program entailing a major expansion of its water system. As a matter of policy, the City Council has determined that the costs of the new water system facilities which will be needed should be financed by the lands which will be benefitted by said facilities.
By enacting this chapter, it is not the intention of the City to guarantee the financing or completion of the master plan facilities. The responsibility of the City shall be limited to the disbursement of the funds actually collected pursuant to this chapter for the purpose stated herein. (Ord. 96-22 § 1 (part), 1996: Ord. 93-9 § 2 (part), 1993: Ord. 1209 § 1 (part), 1967)
14.33.020 Definitions.
For the purpose of this chapter, the words hereinafter defined shall have the meanings assigned to them unless it appears from the context that a different meaning is intended.
“Water capital improvement charges” shall mean the acreage charges established by Section 14.33.040.
“Water system master plan” or “master plan” shall mean the plan adopted by the City Council which shows the projected water system facilities that will be needed to provide water services to the undeveloped areas of the City. (Ord. 2023-22 § 680, 2023; Ord. 96-22 § 1 (part), 1996: Ord. 93-9 § 2 (part), 1993: Ord. 1209 § 1 (part), 1967)
14.33.030 City Council Action.
By resolution the City Council may:
A. Adopt a water system master plan showing the projected water system facilities that will be needed to the undeveloped area of the City to provide water service to areas which the City expects to serve with water in the future which cannot adequately be served from existing City water facilities.
B. Adopt maps showing the lands which will be benefitted by the construction of the water system facilities shown on the water system master plan and which will be subject to payment of the water capital improvement charges as provided in Section 14.33.040 hereof.
C. Adopt supplemental rules and regulations to carry out the purposes of this chapter. (Ord. 96-22 § 1 (part), 1996: Ord. 1209 § 1 (part), 1967)
14.33.040 Water Capital Improvement Charges.
A water capital improvement charge per gross acre shall be set by resolution of the City Council and shall be applicable to all benefitted lands, as shown upon the maps adopted by the City Council pursuant to Section 14.33.030. For fractional portions of an acre the charge shall be calculated in direct proportion to the actual area of the parcel of land. The fees shall be computed on the basis of gross acreage of the property, or portions thereof, to be served or benefitted, including abutting streets, rights-of-way and easements, both public and private. (Ord. 2023-22 § 681, 2023; Ord. 96-22 § 1 (part), 1996: Ord. 93-9 § 2 (part), 1993: Ord. 1419 § 1, 1972: Ord. 1209 § 1 (part), 1967)
14.33.050 Time of Payment.
The water capital improvement charge for any lot, parcel or tract of land which is subject to said charge shall be paid at the time arrangements are made to connect such land to the City water system or at such time as application is made for a building permit to construct buildings on said land, whichever event first occurs, and the payment of said charge shall be a condition precedent of the approval of such connection or issuance of a building permit. In no event shall water capital improvement charges be assessed against any lot, parcel or tract of land for which said charges were previously paid.
Any lot, parcel or tract of land that is subject to said charge and that is served by the City water system as of the effective date of this chapter, and on which additional buildings are to be constructed, shall be subject to said charge for the land occupied by such buildings, and their appurtenant uses. (Ord. 96-22 § 1 (part), 1996: Ord. 93-9 § 2 (part), 1993: Ord. 1209 § 1 (part), 1967)
14.33.060 Revision of Water Capital Improvement Charges.
The City Council reserves the right to periodically review the established water capital improvement charges in the light of changing conditions and to amend this chapter to make such adjustments in the charges as it deems appropriate. (Ord. 96-22 § 1 (part), 1996: Ord. 1209 § 1 (part), 1967)
14.33.070 Water System Development Fund.
A special fund designated as the water system development fund is established. All water capital improvement charges collected pursuant to the provisions of this chapter shall be deposited in said fund. The moneys deposited shall be used by the City to pay for design and construction of master plan facilities constructed by the City, and to make reimbursement to persons who have constructed such facilities and transferred them to the City. Ten percent of all such charges collected by the City pursuant to this chapter shall be retained by the City to defray the costs of administration, including plan checking and construction inspection. (Ord. 96-22 § 1 (part), 1996: Ord. 93-9 § 2 (part), 1993: Ord. 1209 § 1 (part), 1967)
14.33.080 Terms and Conditions of Reimbursement.
The City Council shall by resolution establish the terms and conditions upon which the City will make reimbursement from the water system development fund to eligible persons. Such reimbursement shall only be made pursuant to written contracts approved by the City Council and such contracts shall be entered into on a uniform and nondiscriminatory basis with such eligible persons. (Ord. 96-22 § 1 (part), 1996: Ord. 1209 § 1 (part), 1967)
14.33.090 Waiver of Water Capital Improvement Charges.
The City Council may in its discretion waive all or part of the water capital improvement charges which would otherwise be payable by an applicant for water service if it determines that the applicant has constructed and transferred to the City water system facilities equivalent in value to the amount of the charges being waived. (Ord. 96-22 § 1 (part), 1996: Ord. 1209 § 1 (part), 1967)
14.33.100 Special Uses.
In the case of areas devoted to special uses for example cemeteries, golf courses, and public parks, the City Council may in its discretion authorize the applicant to pay the water capital improvement charges in installments. (Ord. 96-22 § 1 (part), 1996: Ord. 1209 § 1 (part), 1967)
14.33.110 Administration and Appeals.
The Utilities Director shall be charged with the duty of administering the procedures set forth in this chapter and any rules and regulations adopted pursuant to said authority. Any person who is dissatisfied with a decision of the Utilities Director may appeal such decision to the City Manager by filing a written statement of appeal with the City Clerk within fifteen (15) days after the service of the notice of decision in the manner provided in Section 1.08.080. The City Manager shall fix a date for hearing the appeal and shall give notice thereof to the party appealing. The decisions of the City Manager on such appeals shall be final as to the City but subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5. (Ord. 2023-22 § 682, 2023; Ord. 96-22 § 1 (part), 1996: Ord. 93-9 § 2 (part), 1993: Ord. 1209 § 1 (part), 1967)
14.33.120 Other Fees Not Waived.
Any fees or charges established pursuant to this chapter shall be in addition to any permit, fee or charge required under any other chapter of this Code. (Ord. 96-22 § 1 (part), 1996: Ord. 1209 § 1 (part), 1967)