Ord 247ORDINANCE NO. 247
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA ADDING SECTION 16.72.092
TO THE POWAY MUNICIPAL CODE ESTABLISHING DRAINAGE FEES FOR THE
MIDLAND ROAD DRAINAGE BASIN
WHEREAS, Government Code Section 66483 authorizes the establishment by
local ordinance of drainage fees; and
WHEREAS, the City Council has determined that the Midland Road Drainage
Basin does not have sufficient drainage improvements to protect the area from a
"lO0-year" storm; and
WHEREAS, the total cost of the proposed drainage improvements have been
estimated to be $1,986,500 by BSI Consultants in the April 1988 report titled,
"Final, Revised Drainage and Assessment Report, Midland Basin, City of Poway",
with a copy of said report on file in the City Clerk's office.
WHEREAS, all of the findings set forth in Poway Municipal Code Chapter
16.72 are true and correct as applied to the Midland Basin and are hereby incor-
porated herein by reference.
NOW, THEREFORE, the City Council of the City of Poway does ordain as
follows:
Section 1. Section 16.72.092 shall be added to the Poway Municipal Code to
read as follows:
16.72.092 Drainage Fees Established for Midland Road Drainage Basin.
Pursuant to Section 66483 of the Subdivision Map Act, the drainage fees for the
Midland Road Drainage Basin shall be $2,168.19 per dwelling unit, and $23,850.09
per acre of con~ercially-zoned property. The fees for dwelling units shall be
paid in accordance with Government Code Section 53077. The fees for commercial
projects shall be paid at the time of issuance of a Building Permit, or the
finaling of a subdivision map, whichever comes first. The costs for master plan
drainage improvements installed as a condition of development shall be credited
toward the payment of fees, but not to exceed 100% of the fees.
Section 2. This ordinance shall take effect thirty {30) days after adoption
and shall, within fifteen (15) days of adoption, be published with the names of
the Councilmembers voting for and against the same in the Powa~ News Chieftain,
a newspaper of general circulation, printed and circulated within the City of
Poway.
Ordinance No. 247
Page 2
Introduced and first read at a regular meeting of the City Council of the
City of Poway held the 24th day of May 1988, and thereafter PASSED AND
ADOPTED at a regular meeting of said City Council held the 7th day of June
1988, by the following roll call vote:
ATTEST:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
BRANNON, HIGGINSON, TRAZY, EMERY
NONE
KRUSE
Robert C. Emery, MayorJ