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Ordinance chapter · Visalia, California

Chapter 16.54 GROUNDWATER OVERDRAFT MITIGATION

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Chapter 16.54 GROUNDWATER OVERDRAFT MITIGATION#

Sections:#

16.54.010 Legislative findings.#

The City Council 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 private water companies and utilities 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 for the city by the consulting engineering firm of Provost & Pritchard, which study has been reviewed and considered by the City Council prior to adoption of this chapter. The technical analysis provides the basis for the fees established by this chapter.

G. California Constitution, Article XI, Section 7, California Public Utilities Code Sections 6203 and 6294, Article III and XIV of the City Charter and objective 2.4 and policies 2.4.1 and 2.4.2 of the city's General Plan authorize the city to enact this chapter. (Ord. 2017-01 (part), 2017: Ord. 2005-09 § 2 (part), 2005)

16.54.020 Purpose.#

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 such 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. Such 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.

E. Development of more efficient water delivery systems. (Ord. 2017-01 (part), 2017: Ord. 2005-09 § 2 (part), 2005)

16.54.030 Short title, authority and applicability.#

A. This chapter shall be known and may be cited as the "City of Visalia Water Resource Management and Groundwater Overdraft Mitigation Fee Ordinance."

B. The City Council has the authority to adopt this chapter pursuant California Constitution, Article XI, Section 7, California Public Utilities Code Sections 6203 and 6294, Article III and XIV of the City Charter and objective 2.4 and policies 2.4.1 and 2.4.2 of the city's General Plan.

C. This chapter shall apply in the incorporated area of the city to the extent permitted by Article XI of Section 7 of the Constitution of the State of California. (Ord. 2017-01 (part), 2017: Ord. 2005-09 § 2 (part), 2005: prior code § 9554)

Chapter 16.54 – Groundwater Mitigation#

16.54.040 Rules of construction.#

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.

  1. 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 little kind or character. (Ord. 2017-01 (part), 2017: Ord. 2005-09 § 2 (part), 2005)

16.54.050 Imposition of groundwater mitigation fee on new development.#

A. Any person seeking to annex, subdivide or otherwise procure entitlement to develop property within the city, shall be required to pay the fee specified below.

  1. The initial fee shall be $950 per acre of land to be developed.

  2. The obligation to pay the fee shall be made a condition of annexation or approval of a tentative subdivision map or other entitlement for development.

  3. The fee required by this chapter shall be paid as a condition of final map approval or other final discretionary development approval. 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 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 such dedication equals in value the amount of the fee otherwise applicable pursuant to A. above. (Ord. 2017-01 (part), 2017: Ord. 2005-09 § 2 (part), 2005)

16.54.060 Imposition of groundwater impact fee on providers of municipal water supplies, which include all residential, commercial and industrial water suppliers.#

A. Effective January 1, 2006, all municipal water suppliers providing water service in the city shall pay a groundwater impact mitigation fee of fourteen (14) dollars per acre foot of water pumped to provide such service.

B. The fee shall be paid within sixty (60) days of the end of each month. The payment shall be accompanied by a report of the volume of water pumped from each well utilized to provide water service within the city. Fees not paid within thirty (30) days shall be subject to late fees and interest consistent with the city's standard practice.

16.54.070 Computation of the amount of the fee.

The fees established by Sections 16.54.050 and 16.54.060 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 such impact. A technical study was prepared by a qualified consulting engineering company of all of the data available to make such determination. (Ord. 2017-01 (part), 2017: Ord. 2005-09 § 2 (part), 2005)

16.54.080 Use of funds.

All funds collected shall be used exclusively for the purposes specified in Section 16.54.020. (Ord. 2017-01 (part), 2017: Ord. 2005-09 § 2 (part), 2005)

16.54.090 Refund of fees paid.

If a building permit or permit for manufactured home installation expires without commencement of construction, then the feepayer 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 (3) percent of the fee to offset a portion of the costs of collection and refund. The feepayer must submit an application for such refund to the city within 30 days of the expiration of the permit. Within twenty (20) working days of receipt of an application for refund the city shall issue a refund or issue written findings as to why the refund shall not be made. (Ord. 2017-01 (part), 2017: Ord. 2005-09 § 2 (part), 2005)

16.54.100 Modification of the fee.

The City Council may modify the fees established in Sections 16.54.050 and 16.54.060 annually by resolution if the assumptions utilized in calculating the fees have changed. The modifications adopted by 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 by resolution, 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 such indices differs from the average of the indices for the preceding April first, the factor of increase or decrease shall be applied to the fees established in Sections 16.54.050 and 16.54.060. (Ord. 2017-01 (part), 2017: Ord. 2005-09 § 2 (part), 2005)

16.54.110 Penalty.

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. (Ord. 2017-01 (part), 2017: Ord. 2005-09 § 2 (part), 2005)

16.54.120 Severability.

If any section, phrase, sentence, or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. (Ord. 2017-01 (part), 2017: Ord. 2005-09 § 2 (part), 2005)