HomeMy WebLinkAboutOrdinance 1680 (Clean Stormwater Activities Fee)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio
Clerk of the Council of said City, do hereby certify t"at the foregoing
Charter Ordinance No. 1680 entitled:
"AN ORDINANCE OF CITY COUNCIL OF THE CITY OF SAN RAFAEL ADDING
CHAPTER 9.40 TO THE SAN RAFAEL MUNICIPAL CODE, ADOPTING A REGULATORY
FEE TO FUND CLEAN STORMWATER ACTIVITIES"
is a true and correct copy of an ordinance of said City and was introduced at a
REGULAR meeting of the City Council of the City of San Rafael, held on the 19th day
of JUNE, 1995, published as required by City Charter in the MARIN INDEPENDENT JOURNAL.
a newspaper published in the City of San Rafael and passed and adopted as an ordinance
of said City at a REGULAR meeting of the City Council of said City held on the 17th
day of JULY, 1995, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official seal
of the City of San Rafael this
19th day of JULY, 1995.
JEANNE EONCINI, Cit Clerk
ORDINANCE NO. 1680
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SAN RAFAEL ADDING CHAP-
TER 9.40 TO THE SAN RAFAEL MUNICIPAL
CODE, ADOPTING A REGULATORY FEE TO
FUND CLEAN STORMWATER ACTIVITIES
WHEREAS, the 1987 Amendments to the Federal Clean Water Act,
as implemented by Environmental Protection Agency regulations
adopted November 16, 1990, require the adoption of plans and
programs for storm water management meeting specified criteria; and
WHEREAS, the California Regional Water Quality Control Board,
San Francisco Bay Region, has included in its Water Quality Control
Plan for the San Francisco Bay Basin ( "Basin Plan") , specific urban
runoff pollution prevention measures to be implemented by the City
of San Rafael; and
WHEREAS, in order to implement the Federal regulatory
requirements described above, the City of San Rafael participates
in countywide urban runoff pollution prevention efforts through the
Marin Street Light Acquisition Joint Powers Authority (MSLAJPA);
and
WHEREAS, the MSLAJPA, acting on behalf of Marin County's
municipalities, including the County of Marin, directed preparation
of a Baseline Urban Runoff Control Plan, including specific
measures to be implemented by the municipalities of Marin County;
and
WHEREAS, the City Council of the City of San Rafael has
implemented these specific regulations to prevent and control
stormwater pollution by enacting Chapter 9.30 of the San Rafael
Municipal Code, "Urban Runoff Pollution Prevention"; and
WHEREAS, the City of San Rafael desires to reduce the amount
of pollution entering the stormwater drainage system, and further
desires to comply with the mandates of federal and state require-
ments regulating stormwater quality, including the Marin County
Stormwater Pollution Prevention Program and the Baseline Urban
Runoff Control Program (BURCP) Basin Plan Permit; and
WHEREAS, to be effective, the implementation of pollution
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control measures and the enforcement of regulations and controls to
reduce the amount of pollution entering the stormwater drainage
system requires a funding source; and
WHEREAS, every owner of real property in the City of San
Rafael makes use of and is served by the City's stormwater drainage
system; and
WHEREAS, each real property owner's burden on and benefit from
the City's stormwater drainage system is related to the impervious
surface area of the owner's parcel of real property to the extent
that it cannot absorb water; and
WHEREAS, each real property owner's said burden on and benefit
from the City's stormwater drainage system contributes significant-
ly more surface and stormwater to the stormwater drainage system
than if the parcel had been left undeveloped and in its natural
state; and
WHEREAS, the fees and charges imposed upon real property
owners by this ordinance are solely for the purpose of raising
income and revenue necessary to improve the quality of stormwater
discharged to the City's stormwater drainage system; and
WHEREAS, the Council finds and declares that the provisions
of this ordinance are for the purpose of maintenance operations,
enforcement activities, and capital improvements to maintain
service within existing service areas and are therefore exempt from
the provisions of the California Environmental Quality Act (CEQA),
Chapter 3 (commencing with Section 21000) of Division 13 of the
Public Resources Code as provided in categorical exemption classes
1, 4, 5, 7, 8, 9, and/or 21 of the CEQA Guidelines (Title 14,
California Code of Regulations Sections 15301-15329); and
WHEREAS, this ordinance has been duly processed with proper
public notice, public hearings, and applicable environmental
review;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 1: Chapter 9.40, entitled "REGULATORY FEE FOR
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CLEAN STORMWATER ACTIVITIES" is hereby adopted and added to Title
9 of the Municipal Code of the City of San Rafael, to read as
follows:
CHAPTER 9.40
REGULATORY FEE FOR CLEAN STORMWATER ACTIVITIES
Section 9.40.010 -- Title.
This Chapter shall be known as the "City of San Rafael Clean
Stormwater Activity Fee" and may be so cited.
Section 9.40.020 -- Purpose and Intent.
The purpose of this Chapter is to ensure the future health,
safety, and general welfare of the citizens of the City of San
Rafael by establishing a funding source to provide enforcement of
the City's Urban Runoff Pollution Prevention Ordinance, to provide
maintenance and repair of the City's stormwater drainage facili-
ties, to provide capital improvements to the City's storm drainage
system, and to provide other clean stormwater activities.
The intent of this Chapter is to protect and enhance the water
quality of the State's, and the Nation's watercourses, water
bodies, and wetlands in a manner pursuant to and consistent with
the Clean Water Act. (33 U.S.C. §1251 et seq.)
Section 9.40.030 -- Definitions.
1. -- Storm Drainage Svstem. Includes but is not limited to
those stormwater drainage conveyance facilities within the City by
which storm water may be conveyed to waters of the United States,
including any roads with drainage systems, municipal streets, catch
basins, curbs, gutters, ditches, man-made channels or storm drains,
which are not part of a Publicly Owned Treatment Works (POTW) as
defined at 40 CFR 122.2. Storm drainage system also includes "storm
drains" as defined in section 9.30.030B.4.
2. -- Clean Stormwater Activities. Includes but is not
limited to, all programs required by the Marin County Stormwater
Pollution Prevention Program and the BURCP Basin Plan Permit, the
operation and maintenance of the City's stormwater drainage system,
any capital improvements to repair, rehabilitate, replace, or
improve components of the stormwater drainage system, the enforce -
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ment of the Urban Runoff Pollution Prevention Ordinance (Chapter
9.30) and related regulations, the administration of this ordinance
and of Chapter 9.30, and any other activities related to the
foregoing.
3. -- Land Use Cateaorv. That category of land use assigned
to a parcel of real property as shown on the most current official
assessment roll of the Marin County Assessor.
4. --'Parcel. A unit of real property in one ownership as
shown on the most current assessment roll of the Marin County
Assessor.
5. -- Parcel Size. The area of a unit of real property in
one ownership as determined from records maintained by Marin County
or the City of San Rafael.
6. -- Runoff Factor. The indicator of stormwater generation
of a parcel; it is based upon the average ratio of impervious area
to total parcel area for a particular land use category.
7. -- Standard Runoff Unit("RU"). The average estimated
amount of impervious area of parcels in the single-family residen-
tial land use category; it is the product of the average single-
family residential parcel size multiplied by the runoff factor for
single-family residential parcels:
7,500 sq.ft. x .4 = 3,000 sq.ft.
Section 9.40.040 -- Establishment of Fee for Clean Stormwater
Activities.
Every person, corporation or entity which owns real property
within the City of San Rafael shall pay an annual fee to the City
of San Rafael for clean stormwater activities.
Section 9.40.050 -- Calculation of Fee.
1. Sinale Familv Residential.
The annual clean stormwater activity fee for owners of
parcels in the single-family residential land use category shall be
the rate per one Standard Runoff Unit (RU).
2. All other Land Use Cateaories.
The annual clean stormwater activity fee for owners of
parcels in all other land use categories shall be calculated using
the following formula:
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[(parcel size x runoff factor) / (RU)] x [rate per RU]
3. Runoff Factors.
The runoff factors for various land use categories shall be
those set forth in the following table:
LAND USE CATEGORY RUNOFF FACTOR
Single -Family Residential .4
Multi -Residential .6
Commercial .8
Industrial .8
Vacant Land .1
4. Rate per Runoff Unit.
The rate per runoff unit shall be set by the City Council
of the City of San Rafael, by Resolution; said rate may be adjusted
from time to time, in accordance with City's procedures for
adopting rates, fees and charges.
Section 9.40.060 -- Clean Stormwater Fund Established.
A Clean Stormwater Fund is hereby established in the City
Treasury. All income and revenue collected from real property
owners pursuant to this ordinance shall be paid into the Clean
Stormwater Fund. Said income and revenue shall be expended only
for clean stormwater activities, and shall not be expended for any
other purpose.
Section 9.40.070 -- Collection of Fee; Interest and Penalties.
The City Manager is authorized to have the fees imposed by
this ordinance collected by the County of Marin in conjunction with
the County of Marin's collection of property tax revenues for the
City of San Rafael. In the event that the County of Marin collects
the fees imposed by this ordinance, the imposition of additional
penalties, fees, charges and interest upon property owners who fail
to pay the fee imposed by this ordinance, or who fail to pay any
delinquent amount under this ordinance, shall be subject to and
governed by the rules, regulations and procedures utilized by the
County of Marin in its collection of property taxes, charges and
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fees for the City of San Rafael, and its collection of this
additional fee for the City of San Rafael. Every penalty imposed
and such interest as accrues under the provisions of this ordinance
shall become a part of the fee required by this ordinance.
Section 9.40.080 -- Delinauent Fees.
Delinquent fees are hereby made a lien upon the real property
served by the stormwater drainage system. The amount of any fee,
penalty, charge or interest imposed under the provisions of this
ordinance shall be deemed a debt owed to the City of San Rafael.
Section 9.40.090 -- Remedies.
The City may seek legal, injunctive, or other equitable relief
to enforce this ordinance. In any such action the City shall be
entitled to reasonable attorneys fees and costs. The remedies
established in this ordinance are cumulative and in addition to any
other remedies available to the City for the collection of the fees
imposed by this ordinance.
DIVISION 2: If any section, subsection, sentence, clause or
phrase or word of this ordinance is for any reason held to be
unconstitutional by a court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of
this ordinance. The City Council of the City of San Rafael hereby
declares that it would have passed and adopted this ordinance and
each and all provisions thereof irrespective of the fact that any
one or more of said provisions be declared unconstitutional.
DIVISION 3: This ordinance shall be published once in full
before its final passage in a newspaper of general circulation,
published and circulated in the City of San Rafael, and shall be in
full force and effect thirty (30) days after its final passage.
ATTEST:
JE M. LEONCCI-I, Cit Clerk
Y
C
4Myor
ABERT J. /�bRO,
The foregoing Ordinance No. 1680 was read and introduced at
a Regular Meeting of the City Council of the City of San Rafael,
held on the 19th day of June, 1995, and passed to print by the
following vote, to wit:
AYES: Councilmembers:Cohen, Heller, Phillips, Zappei<ini & Mayor
B.oro
NOES: Councilmembers:None
ABSENT: Councilmembers:None
and will come up for adoption as an Ordinance of the City of San
Rafael at a Regular Meeting of the City Council to be held on the
17th day of July, 1995.
6-21-95
(c:\ordinanc\npdesfee.ord)
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JB6NE M. LEONCI I, City Clerk