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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 1 r 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 2 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 - K 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: 4 [(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 5 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) 7 JB6NE M. LEONCI I, City Clerk