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