This chapter is enacted pursuant to Government Code Section
66000 et seq., and the authority vested in the City of Napa, a charter
city in the state of California.
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This chapter establishes a special fee charged as a condition
of building permit approval of new development to defray the cost
of storm drainage infrastructure facilities required to serve new
development within the Lone Oak Improvement Area. The fee identified
in the financing report charged under this chapter does not replace
other regulatory, development and processing fees, mitigation measures
or exactions; funding required pursuant to a development agreement
or reimbursement agreement for amounts that may exceed a development's
proportional share of infrastructure costs; assessments charged pursuant
to a special assessment or benefit assessment district proceedings,
etc., unless so specified.
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shall include every person, firm or corporation constructing
new development directly or through the services of any employee,
agent, independent contractor or otherwise.
includes an approximately 26-acre area as shown on Exhibit
A attached to the ordinance codified in this chapter and found on
file in the office of the City Clerk.
is defined as a construction of a new dwelling unit (as defined
in Napa Municipal Code Title 17) but shall not include alteration,
remodeling, demolition or reconstruction of an existing dwelling unit
where no additional dwelling units are created.
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The Lone Oak drainage fee is hereby established and imposed
on the developer of new development within the Lone Oak Improvement
Area. The amount of the Lone Oak drainage fee shall be established
by resolution of the City Council and shall be based upon the following
considerations:
A.
New
development will pay only for the construction of those public facilities
where there is a reasonable relationship between the facilities funded
and the demands and needs generated by the new development.
B.
Each
new development shall contribute to the funding of the needed facilities
in proportion to the need for the facilities created by that type
of development.
C.
The
public facilities funded by the Lone Oak drainage fee and calculations
resulting in the Lone Oak drainage fee are documented in the financing
report.
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The Lone Oak drainage fee shall be used to reimburse the city
for costs identified in the financing report that were advanced by
the city from other sources to pay for the construction including
costs associated with planning, administration and design, as well
as actual building or installation, as well as any other costs associated
with storm drainage infrastructure facilities specifically identified
in the financing report.
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The Lone Oak drainage fee shall be paid to the city prior to
issuance of a building permit.
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If an unused building permit expires, is canceled, or is voided,
and any fees paid pursuant to this chapter have not been expended,
the Public Works Director shall, upon the written request of the person
who paid the fee, order return of the fee less administrative costs.
Refund requests shall only be honored for a period of 60 days following
expiration, cancellation, or voiding of the building permit subject
to the refund. Following the expiration of this period, no refunds
shall be granted.
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The Lone Oak drainage fee authorized by this chapter and implementing
Council resolution(s), the accumulated fees, and the amount of money
remaining to be repaid shall be reviewed annually by the City Council.
The City Council shall make any required findings and take all required
actions which may be necessary.
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Any person subject to the fee described in this chapter may
apply for a reduction or waiver of the fee ("adjustment") based upon
the absence of any reasonable relationship or nexus between the impact
of his or her/its development and either the amount of the fees charged
or the type of facility to be financed or the portion of the facility
attributable to the development. The application shall be made in
writing and filed with the City Clerk no later than 10 days before
the public hearing on any discretionary approval or permit for the
development, or if no such discretionary approval or permit is required,
within 10 days after payment of the fees objected to. The application
shall set forth in detail the factual and legal basis for the claim.
The Council shall consider the application at a public hearing commenced
within 60 days after the filing of the application. The person requesting
the adjustment shall bear the burden of presenting substantial evidence
to support the adjustment including comparable technical information
to support his or her position. The decision of the Council shall
be final.
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