Loading...
Ord 0193 02/2015ORDINANCE NO. 193 ORDINANCE OF THE VALLECITOS WATER DISTRICT SUSPENDING ORDINANCE NO. 177 AND REFUNDING WASTEWATER DENSITY IMPACT FEES BE IT ORDAINED by the Board of Directors of the Vallecitos Water District ("District") as follows: This Ordinance suspends for all purposes Ordinance No. 177 relating to Wastewater Density Impact Fees for development projects which increase densities beyond the land use densities identified in the 2008 Master Plan. This ordinance also refunds all payments made by Developers in accordance with Ordinance No. 177. Section 1: Declaration of Policy and Background. The District is a County Water District, established and operating pursuant to California Water Code section 30000 et seq., and provides water and sewer service to the cities of San Marcos, Vista, Carlsbad, Escondido and unincorporated areas of San Diego County within the boundaries of the District. On August 3, 2011, the District's Board of Directors adopted the 2008 Water, Wastewater, and Water Reclamation Master Plan ("2008 Master Plan"). In compliance with the California Environmental Quality Act ("CEQA"), the Board also certified the Final Program Environmental Impact Report for the 2008 Master Plan ("2008 Master Plan PEIR"). The District used information and data from the 2008 Master Plan and 2008 Master Plan PEIR to prepare the Water, Wastewater Capital Facility Fee and Wastewater Density Impact Fee Study ("Study"). The Study included the calculation of a Wastewater Density Impact Fee that reflects the estimated cost of new treatment facilities at the Encina Water Pollution Control Facility which will be required to accommodate the wastewater treatment impacts of development projects that increase land use densities beyond those identified in the 2008 Master Plan. The Study analyzed the necessary costs of capital facilities needed for Encina Phase IV and Phase V expansion plus financing costs to demonstrate the additional treatment costs caused by developments which increase densities and provided a method of mitigating impacts of increased density. Ordinance No. 177 which established Wastewater Density Impact Fees based upon the Study was approved by the Board of Directors on April 18, 2012 at a public meeting after notice and a public hearing. On January 19, 2015 at a noticed public meeting the Board of Directors heard a staff report on the Wastewater Density Impact Fee and heard testimony from representatives of the development community relating to concerns raised by the imposition of the fee. After Board discussion, the Board voted unanimously to suspend Ordinance No. 177. This Ordinance formally suspends Ordinance No. 177 and further refunds all payments made by Developers in accordance with Ordinance No. 177. Section 2. Findings. (a) Ordinance No. 177 is hereby suspended until further action of the Board of Directors. Impacts caused by increased densities shall be addressed in the upcoming District Master Plan. Ordinance No. 193 Paae 2 (b) All Wastewater Density Impact Fees collected in accordance with Ordinance No. 177 are hereby refunded to the party or successor -in -interest to the party who paid the fees. Section 5. Environmental Review. In accordance with the CEQA Guidelines Section 15061, the Board of Directors ordains that the suspension and refund of the Wastewater Density Impact Fees required by this ordinance are exempt from CEQA for the following reasons: (a) The Wastewater Density Impact Fee is not a "project" as defined by Guidelines Section 15378; (b) The project is exempt in accordance with Guidelines Section 15273(1), 15273(3), and 15274(4); and (c) The activity will not have any significant impact upon the environment pursuant to Guidelines Sections 15061(b)(3). The Board of Directors of the District orders and directs that the foregoing exemptions and reasons be made a part of the Notice of Exemption and that the Notice of Exemption be filed with the County Clerk of the County of San Diego. Section 8. Effective Date. This ordinance shall be effective immediately upon passage by the Board of Directors. The secretary of the District shall publish a summary of this ordinance two (2) times on successive weeks in an adjudicated newspaper of general circulation. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Vallecitos Water District at a regular meeting this February 4, 2015, by the following roll call vote: AYES: ELITHARP, HERNANDEZ, MARTIN, SANNELLA, EVANS NOES: ABSENT: ABSTAIN: Betty—b. Evans, President Board of Directors Vallecitos Water District ATT/ES Dennis O. Lamb, Secretary Board of Directors Vallecitos Water District State of California—Natural Resources Agency CALIFORNIA DEPARTMENTOF FISH AND WILDLIFE 2015 ENVIRONMENTAL FILING FEE CASH RECEIPT RECEIPT# SD2015 0217 STATE CLEARING HOUSE #(uapplicable) SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY --- LEAD AGENCY DATE VALLECITOS WATER DISTRICT 03/09/2015 COUNTY/STATEAGENCY OF FILING DOCUMENTNUMBER SAN DIEGO *20150217* PROJECTTITLE NOTICE OF EXCEMPTION FOR RATE SUSPENSION ORDINANCE NP. 193 PROJECTAPPLICANT NAME PHONENUMBER VALLECITOS WATER DISTRICT 858-675-9896 PROJECTAPPLICANT ADDRESS CITY STATE ZIPCODE 201 VALLECITOS DE ORO SAN MARCOS CA 92069 PROJECT APPLICANT (Check appropriate box): ❑ Local Public Agency ❑ School District ® Other Special District ❑ State Agency g y ❑Private Entity CHECKAPPLICABLE FEES: ❑ Environmental Impact Report (EIR) $3,069.75 $ ❑ Negative Declaration (ND)(MND) $2,210.00 $ ❑ Application Fee Water Diversion (State Water Resources Control Board Only) $850.00 $ ❑ Projects Subject to Certified Regulatory Programs (CRP) $1,043.75 $ 0 County Administrative Fee $50.00 $ $50.00 ❑ Project that is exempt from fees © Notice of Exemption ❑ CDFW No Effect Determination (Form Attached) ❑ Other $ PAYMENT METHOD: 0 Cash ❑ Credit ❑ Check ❑ Other TOTALRECEMED $ $50.00 SIGNATURE V. ®rerldain TITLE X Deputy IIIIII VIII IIIiI IIID VIII IIID 1111111111 IN IN ORIGINAL PROJECT APPLICANT COPY-CDFW/ASB COPY-LEADAGENCY COPY -COUNTY CLERK FG 753.5a (Rev 11 /12) Notice of Exemption To: Office of Planning and Research P.O. Box 3044, Room 113 Sacramento, CA 95812-3044 County Clerk County of: San Diego 1600 Pacific Highway, Suite 260 San Diego, CA 92112-1750 Project Title: f=rom: (Public Agency): Print Form Appendix E Vallecitos Water District 201 Vallecitos de Oro San Marcos, CA 92069 (Address) IF 0 d IE D Ernest .1 Dronenhure. Jr. Recorder Count% Clerk Notice of Exemption for Rate Suspension Ordinance Np. 193 Project Applicant: Vallecitos Water District BY MAR 0.9 2015 Project Location - Specific: Valllecitos Water District is located in north San Diego County and provides water and wastewater service to the City of San Marcos, portions of the cities of Escondido and Carlsbad and portions of San Diego County. Project Location - City: San Marcos Project Location - County: San Diego Description of Nature, Purpose and Beneficiaries of Project: On Feruary4, 2015 the Vallecitos Water District passed Ordinance No. 193 suspending the collection of Wastwater Density Impact Fees. Tile beneficiaries of the suspension of the collection of the fee are the residents and property owners who would have had to pay the fees. Name of Public Agency Approving Project: Vallecitos Water District Name of Person or Agency Carrying Out Project: Vallecitos Water District Exempt Status: (check one): ❑ Ministerial (Sec. 21080(b)(1); 15268); ❑ Declared Emergency (Sec. 21080(b)(3); 15269(a)); ❑ Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); ❑ Categorical Exemption. State type and section number: ❑ Statutory Exemptions. State code number: Public Resource Code Section 21080(b)(8 Reasons why project is exempt: By passage of Ordinance No. 193 on February 4, 2015, the Vallecitos Water District as suspended collection of Wastewater Density Impact Fees. the suspension of the Fee will not raise funds for capital projects ore either expand the Vallecitos Water District's services or its existing service area. Lead Agency Jeff Scott, General Counsel Contact Person: Area Code/Telephone/Extension: 858-675-9896 If filed by applicant: 1. Attach r Pied document of ex mption finding. 2. Hasa o ce �xem on be fit by the public agency approving the project?. ❑ Yes ❑ No Signature: Date: 2/26/2015 Title: General Counsel If Lead Agency C t�Signed by Applicant Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR: Reference: Sections 21108, 21152, and 21152. 1, Public Resources Code. FILED IN THE OFFICE OF THE COUNTY CLERK San Diegnt , on MAR 0 9 201 53 Revised 2011 Posted � n Removed Retumed to agency on Dwi G tVE'15v�i O ''•" ` )n o DCCC Ernest J. Dronenburg, Jr. COUNTY OF SAN DIEGO ASSESSOR/,RECORDER/COUNTY CLERK ASSESSOR'S OFFICE RECORDER/COUNTY CLERK'S OFFICE 1600 Pacific Highway, Suite 103 www.sdarce.com 1600 Pacific Highway, Suite 260 San Diego, CA 92101-2480 P.O. Box 121750 * San Diego, CA 92112-1750 Tel. (619) 236-3771 * Fax (619) 557-4056 Tel. (619)237-0502 * Fax (619)557-4155 Transaction #: 336987120150309 Deputy: VORENDAI Location: COUNTY ADMINISTRATION BUILDING 09 -Mar -2015 12:23 FEES: 50.00 Qty of 1 Fish and Game Filing Fee for Ref# 2015 0217 50.00 TOTAL DUE PAYMENTS: 50.00 Cash 50.00 TENDERED SERVICES AVAILABLE AT OFFICE LOCATIONS * Tax Bill Address Changes * Records and Certified Copies: Birth/ Marriage/ Death/ Real Estate * Fictitious Business Names (DBAs) * Marriage Licenses and Ceremonies * Assessor Parcel Maps * Property Ownership * Property Records * Property Values * Document Recordings SERVICES AVAILABLE ON-LINE AT www.sdarce.com * Forms and Applications * Frequently Asked Questions (FAQs) * Grantor/ Grantee Index * Fictitious Business Names Index (DBAs) * Property Sales * On -Line Purchases Assessor Parcel Maps Property Characteristics Recorded Documents