HomeMy WebLinkAbout75 - Ordinances ORDINANCE NO. 75
AN ORDINANCE OF THE CITY COUNCIL OF THE CItY OF R~CHO
CUCAMONGA, CALIFORNIA, PROVIDING FOR THE ESTABLISHMENT
OF A DRAINAGE PLAN AND THE ESTABLISHMENT OF DRAINAGE FEES
IN CONNECTION THEREWITH.
The City Council of the City of Rancho Cucamonga, California,
does ordain as follows:
SECTION 1: Statement of Intent and Purpose.
The City of Rancho Cucamonga is seriously affected by surface
and storm waters and the 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 the apportionment of the cost of the development of
such facilities, the City Council does determine that a drainage plan
must be adopted and a drainage fee established to provide funds to be
used for the construction of the facilities described in the drainage
plan.
SECTION 2: Drainage Plan and Local Area.
The comprehensive storm drain plans numbers 1 and 2, the index
thereto and the appropriate plan sheets for the area lying within the
City Limits of the City of Rancho Cucamonga, together with construction
costs and other related material, which comprehensive storm drain plans
were prepared by the San Bernardino County Flood Control District, are
hereby found and declared to be the drainage plan for the City of Rancho
Cucamonga. For the purposes of this Ordinance, planned drainage facilities
shall mean drainage contained within the drainage plan. The City Council
finds that drainage problems are approximately of equal magnitude in all
areas of the City, and declares that for the purposes of this Ordinance,
all areas of the City shall constitute one local drainage area.
SECTION 3: Payment of Fees.
(a) As a condition of approval of a final map, a parcel map,
the waiver of a parcel map, director reviews, 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 is
hereafter provided 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 area. 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 that the fees are fairly apportioned on the basis of benefits conferred
on the property in the local drainage area and on the need for such
facilities 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 plan which would be assessable on any parcel of property if
such costs were apportioned on a per acre basis.
(b) Fees required to be paid by this Ordinance shall be
paid at the time of issuance of a building permit.
SECTION 4: Amount of Fee.
(a) The fee required to be paid by this Ordinance is $25.00
per 1/100th of an acre or fraction thereof.
(b) Except as otherwise provided in this Ordinance the
fee shall be based on the area of the entire parcel with respect to
which the building permit is issued.
(c) If the parcel with respect to which the building permit
is issued is larger than one acre, the fee shall be based on the gr er
of
(1) an area of one acre; or
(2) The area of the developed portion of the parcel. As
used in this Ordinance, the phrase "area of the 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.
(3) Notwithstanding the provisions of Section 4(c) (2)
of this Ordinance, the fee shall not be based upon that portion of the
area of the developed portion of the parcel which was developed prior to
the effective date of this Ordinance and which remains unchanged, provided,
however, that this exception shall not apply once the total area of
additions to structures, or new structures, constructed after the effective
date of this Ordinance, exceeds fifty percent (50%) of the area of the
structures on the parcel which existed on the effective date of this
Ordinance.
(d) The amount of the fee and the area for which the fee
shall be considered paid shall be determined by the building official.
SECTION 5: Deposit and Utilization of Fee.
The fee required to be paid by this Ordinance shall be deposited
in a "planned drainage facilities fund" and shall be expended solelv for
the construction of reimbursement for the construction of drainage
facilities pursuant to the drainage plan or to reimburse the City orr
the costs of engineering planning and administrative services to establish,
design and construct the plan and facilities up to twenty-five percent
(25%). Initial funds collected may be utilized for specific planning
and engineering studies as designated by resolution of the City Council.
SECTION 6: Execeptions.
Drainage fees shall not be required as a condition of the
issuance of a building permit for:
(a) Alterations;
(b) reconstruction;
(c) an addition to a single family residence when the
addition does not exceed 650 square feet in area;
(d) construction of garages, carports, storage buildings,
patio covers, swimming pools, spas, and similar structures, accessorv to
a single family residence.
SECTION 7: Single Drainage Fee Payment.
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 Ordinance.
SECTION 8: Construction by Developer and Reimbursement.
kq~enever the construction of planned drainage facilities is
necessary for the proper drainage of a subdivision, the City may require
the s~bdivider to construct such facilities with credit being given bv
the City toward any fee payment required by this Ordinance. If the cost
of such construction exceeds the fee which would otherwise be payable
with respect to the subdivision, the City Council may, at its discretion,
enter into a reimbursement agreement with the developer. In the event a
Ordinance No. 75
Page 3
reimbursement agreement is entered into, reimbursement shall be made
only after the fee required by this Ordinance 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 not exceed ten (10) years.
SECTION 9: Severability.
If any section, sub-section, sub-division, paragraph, sentence,
claues, or phrase in this Ordinance, or any part thereof, is for any
reason held to be invalid or unconstitutional, such decision shall not
affect the validity of the remaining sections or portions of this Ordinance
or any partThereof. The City Council hereby declares that it would
have passed each section, sub-section, sub-division, paragraph, sentence,
clause or phrase of this Ordinance irrespecitve of the fact that any
one or more section, sub-sections, sub-divisions, paragraphs, sentences,
clauses or phrases may be declared invalid or unconstitutional.
SECTION 10: The Mayor shall sign this Odinance and the City
Clerk shall attest to the same, and the City Clerk shall cause the same
to be published within fifteen (15) days after its passage, at least
once in The Daily Report, a newspaper of general circulation, published
in the City of Ontario, California, and circulated in the City of Rancho
Cucamonga, California.
PASSED, APPROVED, and ADOPTED this 18th day of April, 1979.
AYES: Mikels, Palombo, West, Frost
NOES: None
ABSENT: Schlosser
ATTEST: ~r~.~~