HomeMy WebLinkAbout53 - Ordinances ORDINANCE ~O. 53
AN r,R~DINANCE OF THE CITY COUNCIL OF TNE CITY Or RA~]CHO
CUCAMONGA, CALIFORNIA, PR(~VIDING FOR THE ESTABLISHMENT OF A
DRAINAGE PLfL~! A_ND THE ESTABLIS~LME_~;T OF DRAINAGE FEES IY
CO?.~NECTION THEREWITH AND DECLARING THE URGENCY THEREOF.
The City Council of the City of Rancho Cucamonga, California,
does ordain as follows:
SECTION 1: Statement of Intent and Purpose.
The City of Rancbo Cucamonga is seriously af-
fected 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 surfac.> ~nd
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 estab-
lished 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 numhers
1 and 2, the index thereto and the appropriate plan sheets for the
area lying within the City li~nits of the City of Rancho Cucamonta,
together with construction costs and other related material, which
comprehensive storm drain plans were prepared by the San P, ernard[no
County Flood Control District, are hereby found and declared to be the
drainaze plan for the City of Rancho CucamonRa. The City Council
finds that drainage problems are approximately of equal magnitude in nil
areas of the City, and declares that for the pnrposes of this Ordinance,
all areas of the City shall constitute one local drainage area.
SECTION %: Pa?aent of Fees.
As a condition of approval of a final map, a
parcel map, the waiver of a parcel map, or the issuance of a building
permit, the City shall require the pa~nent off a fee as is hereafter
provided for the purposes of defraying' the actnal or estimatecl cost nf
constructing planned drainage facilities for the removal of surface
and storm waters from the local drainage area. The City Co~m,:i[ f]nds
that development of property within the local drainage area ,,~!ll require
construction or the faci]ities described in the drainage plan, and that
the fees are fair]y apportioned on the basis of benefits c~mferred on
the property in t}m local drainage area and on the need for such
facilities created bv the proposed division or development off property
in the local drainage area. The C~tv Council further finds that tbe
fee as to any property does not exceed the pro rata share of the a:nount
of the total actual or estimated cost of all faci!ities pursnant to
the drainage plan which would be assessable on any parcel of property
if such costs were apportioned on a per acre basis.
SECTION 4: Amount of Fee.
The fee required to be paid bv this Ordinance is
S25.Q0 per 1/l~Otb of acre or fraction thereof.
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 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 and administrative services to
Ordinance 71o. 53
Page 2
establish, design and construct the plan and facilities up to 25%. Initial
funds collected may be utilized for specific olanning and engineering
studies as designated by resolution of the City Council.
SECTION 6: Exceptions.
Drainage fees shall not be required as a con-
dition of the issuance of a building permit for alteration, repairs,
or remodeling of any building where the cost of such alterations,
repairs, or remodeling is estimated at less than $10,O00.00.
SECTION 7: Single Drainage Fee Payment.
No parcel of land shall be subject to payment
of a drainage fee more than once. If any portion of a parcel has
previously paid a drainage fee, credit shall be given for such prior
payment and a proper apportionment made as a credit toward any fee
payment required by this Ordinance.
SECTION 8: Urgency.
This Ordinance is hereby declared an urgency
measure, necessary for the immediate protection and preservation of
the put, lic peace, safety, health and welfare of persons and property
within the City of Rancho Cucamonga. The facts establishing the necessity
for such urgency measure are these: Because of the unique physical
location of the City of Rancho Cucamonga, surface and storm waters
place a serious demand upon existing facilities during any storm flow~
t~e City o~ Pancho Ct~camon~a is seriously affected by anv storm waters,
and in order to plan and develop drainage facilities and to collect fees
for the construction of such facilities, the City of Rancho Cucamonga must
take steps to £mmediately implement a drainage fee Ordinance. This
Ordinance shall take effect immediately upon its adoption.
SECTIO?! 9: Severabilitv.
If any section, sub-section, sub-division,
paragraph, sentence, clause or phrase in this Ordinance, or any part
thereof, is for any reason held to be invalid or unconstitutional,
such ~iecision shall not affect the validity of the remaining sections
or portions of this Ordinance or any part thereof. The City Council
herebv declares that it would have passed each section, sub-section,
sub-divisi,~, paragraph, sentence, clause or phrase of this Ordinance
irrespectiv,~ of the fact that any one or more sections, sub-section,
sub-divisions, paragraphs, sentences, clauses or phrases may be declared
invalid or unconstitutional.
SECTION 10: The Mayor shall sign this Ordinance 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 Citv of Ontario, California, and circulated in the
City of Rancho Cucamonga, California.
Ordinance No. 53
PASSED, APPROVED, and ADOPTED this 21st day of February,
1979.
AYES: Schlosser, Mikels, Palombo, West, Frost
NOES: None
ABSENT: None
ATTEST:
.ity Clerk