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HomeMy WebLinkAbout286 - Ordinances ORDINANCE NO. 286 AN ORDINANCE OF TSE CITY COUNCIL OF TRE CITY OF RANCSO CUCAMO~qGA, CALIFOI~qlA, ANti, DING CBAPTER 13.08 OF THE RANCHO CUCAM(I~GA NUNICIPAL CODE PgltTAINING TO STORN DRAINAGE PLANS The City Council of the City of Rancho Cucamonga does ordain as follows: SECTI~ 1: Chapter 13.08 of the Rancho Cucamonga Nunicipal Code is hereby amended to read, in words and figures, as follows: "Chanter 13 "STORM DRAINAGE PLAN "Sections: "13.08.010 Intent and purpose. "13.08.020 Drainage plan and local areas. "13.08.030 Fees--Payment. "13.08.0~0 Fees--Amount. "13.08.050 Fees--Deposit and utilization. "13.08.060 Exc eptions. "13.08.070 Single drainage fee payment. "13.08.080 Construction by developer--Reimbursement. "13.08.010 Intent and nurnosp. The City is seriously affected by surface and storm waters and tbs continual subdivision and development of property within the City has placed a serious demand on existing facilities which handle surface and storm waters. In order to plan and develop drainage facilities for the removal of surface and storm waters and to provide an equitable manner for tbs apportionment of the cost of the development of such facilities, tbs City Council determines that a drainage plan must be adopted and a drainage fee established to provide funds to be used for the construction of facilities described in the drainage plan. "13.08.020 Drains_es nlan and local areas. The Comprehensive Storm Drain Plan Number 2 prepared by the San Bernardino County Flood Control District, Nester Plan Revision Number I prepared by L.D. King Engineering, the Naster Plan of Drainage Facilities for the Terra Vista Planned Community, ~he Etiwanda Area Drainage Plan, the Victoria Planned Community Drainage Plan and the Caryn Planned Community Drainage Plan, together with construction costs and other related material and all revisions or amendments subsequently adopted by the City Council by resolution, are found and declared to be the drainage plan for the City. For the purpose of this Chapter, planned drainage facilities means facilities contained witbin the respective drainage plans and subsequent revisions. The City Council finds that drainage and land use configurations are significantly different vithln the Terra Vista, Caryn and Victoria Planned Communities, the boundaries of the gtiwanda Specific Plan, and the boundaries of the Industrial Area Assessment District (AD82-1) and Alta Loma Assessment District (AD84-2). Ail other drainage problems are approximately of equal magnitude in all other areas of the City. For the purposes of this Chapter 13.08, the City shall be comprised of the folloving local drainage areas: The Victoria Planned Community Area; "2. The Terra Vista Planned Coemunlty Area; "3. The Caryn Planned Community Area; Etiwanda Area A (designated in the Etlwanda Area Drainage Plan as Areas 1, 2, 3 and 6); "5. Etiwanda Area B (designated in the Etiwanda Area Drainage Plan as Areas 4, 5, 7 and 8); Ordinance No. 286 Page 2 "6. The Assessment District Areas (comprised of the Industrial Area Assessment District (AD82-1) and the Alta Loma Assessment District (AD84-2); and "7. The General City Area (comprised of all remaining areas of the City not otherwise included in the above local drainage areas). "13.08.030 Fees--Pavmnnt. "A. As condition of approval of a tentative map, a parcel map, the waiver of a parcel map, director revi~s, site approval, location and development plan, conditional use permit, or the issuance of a building permit, the City shall require the payment of a fee as provided in this Chapter for the purposes of defraying the actual or estimated cost of constructing planned drainage facilities for the removal of surface and storm waters from the local drainage areas. The City Council finds that development of property within the local drainage area will require construction of the facilities described in the drainage plan, and the fees are fairly apportioned on the basis of benefits conferred on the property in the local drainage areas and on the need for such facilltles created by the proposed division or development of property in the local drainage area. The City Council further finds that the fee as to any property does not exceed the pro rata share of the amount of the total actual or estimated cost of all facilities pursuant to the drainage plans which would be assessable on any parcel of property if such costs were apportioned on a per acre basis. "B. The fees required to be paid withi~ the Etiwanda Area A and Etiwanda Area B local drainage areas shall be paid prior to the approval of any final or parcel map. All other fees required to be paid by this chapter shall be paid at the time of the issuance of a building permit. "13.08.040 P~s--Amounr. "A. The fees required to be paid by this chapter shall be set by resolution of the City Council. "B. ]o fees shall be charged within the Victoria, Caryn and Terra Vista Planned Community Areas or the Assessment District Areas. All planned local drainage facilities within the Assessment District Areas have been completely constructed, liowever, in lieu of storm drain fee collections, facilities within the Victoria, Caryn and Terra Vista Planned Communities shall be constructed with development, at the Developer's expense. The City Engineer shall, in the exercise of his discretion, determine which facilities are to be constructed with a particular development as a condition of such development. "C. Except as otherwise provided in this Chapter, the fee shall be based on the net of the area of the entire parcel, after exclusion of the area of all public rights of way, with respect to which the building permit is issued. "D. If the parcel with respect to which the building permit is issued is larger than one acre, the fee shall be based on: "1. The area of the developed portion of the parcel. As used in this chapter, the phrase 'area of developed portion of the parcel' means the area of that portion of the parcel lying within a single rectangle which encloses all improvements, landscaped areas, storage areas, parking areas, required access and required setback lines. "2. Notwithstanding the provision of subdivision 1 of this subsection D, the fee shall not be based upon that portion of the ares of the developed portion of the parcel which was lawfully developed prior to the effective date of the original ordinance codified in this Chapter, and which remains unchanged; provided, however, that this exception shall not apply once Ordinance No. 286 Page 3 the total area of additions to structures, or new structures, constructed after the effective date of the ordinance codified in this Chapter, exceeds fifty percent of the area of the structures on the parcel which existed on the effective date of the ordinance codified in this Chapter. "E. When fees are collected upon the issuance of a building permit, the amount of the fee and the area for which the fee shall be considered paid shall be determined by the Building Official. When fees are collected prior to the recordation of a final or parcel map, the amount of the fee and the area for which the fee shall be considered paid shall be determined by the City Engineer. "13.08.050 Fees--Deoosit and utilization. The fee required to be paid by this Chapter shall be desposited in a planned drainage facilities fund and shall be expended solely for the construction or reimbursement for the construction of drainage facilities pursuant to the drainage plan or to reimburse the city for the costs of engineering, planning and administrative services to establish, design and construct the plan and facilities up to twenty-five percent of the cost of construction. A separate planned drainage facilities fee fund shall be established for each local drainage area with the exception of the Victoria, Caryn and Terra Vista Planned Community Areas, and the Assessment District Areas. Initial funds collected may be utilized for specific planning and engineering studies as designated by resolution of the City Council. "13.08.060 ExcentlnnS. Drainage fees shall not be required as a condition of the issuance of a building permit for: "A. Alterations; "B. Reconstruction: where permits are issued within two years of the destruction of the original structure due to fire, vandalism, wind, earthquakes or other natural or manmade disasters; "C. An addition to a single-family residence when the addition does not exceed six hundred fifty square feet in area; "D. Construction of garages, carports, storage buildings, patio covers, swi~ng pools, and similar structures, accessory to a single-family residence. "13.08.070 Sinele drainage fee oavmenr. No portion of a parcel shall be subject to payment of a drainage fee more than once. If a drainage fee has been previously paid with respect to a parcel, or portion thereof, credit shall be given for such prior payment, and a proper apportionment shall be made, tOward any fee payment required by this Chapter. "13.08.080 Construction by develoner--Rei~burseme~t. "A. Whenever the construction of planned drainage facilities is necessary for the proper drainage of a subdivision, the City may require the subdivider to construct such facilities with credit being given by the City tOward any fee payment required by this Chapter. If the cost of such constructing exceeds the fee which would otherwise be payable with respect to the subdivision, the City Council will enter into a reimbursement agreement with the developer. In the event a reimbursement agreement is entered into, reimbursement shall be made only after the fee required by this chapter is collected in connection with a subdivision or development on other property in the area encompassed by the reimbursement boundaries described in the reimbursement agreement. The basis of reimbursement shall be the developer's actual cost of construction of the planned drainage facilities. The term of a reimbursement agreement shall be as specified in the agreement. Ordinance [~o. Page ~- "B. Drains constructed in conjunction with the Victoria, Caryn and Terra Vista Planned Communit£es shall be eligible for reimbursements from arena outside of such Planned Communities. The reimbursement amount shall be in proportion to the tributary drainage served by the constructed drain as determined by the City Engineer. Where tributary drainage originate outside of the City boundaries, reimbursements are subject to agreement with the jurisdiction from which the runoff originates." SECTI~ 2: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Daily R~Dnr~, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of l~ancho Cucamonga, California. PASS~D, APPROVED, and ADOPT~ th~s 19th day of Februa~, 19~. AYES: ~ri~ht, Buquet, Nikels, King ~ O~: None ~S~T: Dahl ATTEST: Beverly A. Authelet, City Clerk l~ebra Adams, Depu£y l, BEYE~LY A. AOT~I~ET, CITY CLEI~ of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of ~he City of Rancho Cucamonga held on ~he 5th day of February, 19~, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 19th day of February, 198~. Executed this 20~h day of February, 1986 at Rancho Cucamonga, Cel ifornia. Beverly~A. Authef~.t, City Clerk Debra Adams, Deputy