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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~.~~