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HomeMy WebLinkAbout402 - OrdinancesORDINANCE NOj 402 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING A NEW CHAPTER 13.09 TO THE RANCHO CUCAMONGA MUNICIPAL CODE, ESTABLISHING A DRAINAGE FEE FOR ALL NEW DEVELOPMENTS WITHIN THE ETIWANDA/SAN SEVAINE LOCAL DRAINAGE AREA The City Council of the City of Rancho Cucamonga, California, does hereby ordain as follows: SECTION 1: to read as follows: Section 13.09 of the Rancho Cucamonga Municipal Code is ETIWANDA/SAN SEVAINE AREA STORM DRAIN PLAN 13.03.010 13.09.020 13.09.030 13.09.040 13.09.050 13.09.060 13.09,070 13.09.080 13.09.090 13.09.100 Purpose Drainage Improvement Fee Fees--Amount Limited Use of Fees Fee Adjustments Single drainage fee payment Developer Construction of Facilities Drainage plan Exceptions Effective Chapter 13.09,010 Purpose In order to implement the goals and objectives of the Public Health and Safety Element of the City of Rancho Cucamonga's General Plan, and to mitigate the drainage impacts in the Etiwanda/San Sevaine Local Drainage Area, as described in Section 13.09,080, caused by new development, certain public drainage improvements must be or had to be constructed. The City Council has determined that a development impact fee is needed to finance these public improvements and to assess such fee for a development's share of the construction costs of these improvements. In establishing the fee described in the following Sections, the City Council has found the fee to be consistent with its General Plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the City's housing needs as established in the Housing Element of the General Plan. 13.09,020 Drainage Improvement Fee A Drainage Improvement fee is hereby established for the Etiwanda/San Sevaine Local Drainage Area, to be assessed on approval of a tentative map, a parcel map, the waiver of a parcel map, director reviews, site approval, location and development in local drainage areas, to pay for drainage improvements. The City Council shall, by resolution, set forth the specific amount of the fee pursuant to Section 13.09,030, describe the benefit and impact area on which the development is imposed, list the specific public improvements to be financed, describe the estimated cost of the impro ements describe the reasonable relationship between this fee and the various ~pes o~ Ordinance No. 402 Page 2 new developments and set forth time for payment. As described in the fee resolution, the development fee shall be paid by each developer either prior to the recording of a subdivision map, a parcel map, the waiver of a parcel map or the issuance of a building permit. The City Council may review and adjust this fee to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed. Upon review, the Engineering Department shall report its findings to the City Council at a noticed public hearing and recommend any adjustment to this fee or other action as may be needed. 13.09.030 Fees--Amount A. The fees required to be paid by this chapter shall be set by resolution of the City Council. B. 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 street and highway rights-of-way and public lands, with respect to which a Building Permit is issued. D. If the parcel with respect to which a 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 provisions of Subdivision I of this Subsection, the fee shall not be based upon that portion of the area of the developed portion of the parcel which was lawfully developed prior to the effective date of the original ordinance (Ordinance 75) originally codified in Chapter 13.08 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 the original 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 original ordinance codified in this chapter. Ordinance No. 402 Page 3 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 recording 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. 13.09,040 Limited Use of Fees The revenues raised by payment of this fee shall be deposited in a planned drainage facility fund in a separate and special account and such revenues, along with any interest earnings on those accounts shall be used solely to: (a) pay for the construction of facilities described in the resolution enacted pursuant to Section 13.09.020 above, and/or to reimburse the City for those described or listed facilities constructed by the City with funds advanced by the City from other sources, or (b) reimburse developers who have been required or permitted by Section 13.09,070 to install such listed facilities. 13.09.050 Fee Adjustments A developer of any project subject to the fee described in Section 13.09,020 may apply to the City Council for a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the drainage or flood control impacts of that development and either the amount of the fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the City Clerk not later than (1) ten days prior to the public hearing on the development permit application for the project, or (2) if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The City Council shall consider the application at the public hearing on the permit application or at a separate hearing held within 60 days after the filing of the fee adjustment application, whichever is later. The decision of the City Council shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee. 13.09,060 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 chapter. Ordinance No. 402 Page 4 13.09.070 Developer Construction of Facilities A. Whenever the construction of planned drainage facilities is necessary for the proper drainage of a subdivision, the City Engineer may require the subdivider to construct such facilities as described in a resolution adopted pursuant to Section 13.09.020, with credit being given by the City toward any fee payment required by this chapter. If the cost of such construction exceeds the fee which would otherwise by 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 fees required by this chapter are collected in connection with a subdivision or development on other property in the area encompassed by the local drainage area described in the Reimbursement Agreement. The basis of reimbursement shall be the developer's actual cost of construction of the planned drainage facilities not to include any oversizing of the facility by supplemental size, length, or capacity. The term of a reimbursement shall be as specified in the agreement and shall not exceed 10 years. B. Planned drainage facilities constructed in a local drainage area may be eligible for reimbursement from areas outside of such area as determined by resolution of the City Council. C. Reimbursement of additional costs to the developer due to any oversizing of the facility by supplemental size, length or capacity may be reimbursed from future development within that local drainage area. Any reimbursement shall be made at the time set forth in Section 13.09.020. 13.09.080 Drainage plan The Etiwanda/San Sevaine Area Master Plan of Drainage Report (August 1989), together with construction cost and other related material, revisions or amendments subsequently adopted by the City Council, are found to be the Drainage Plan for the Etiwanda/San Sevaine Local Drainage Area as defined in the Etiwanda/San Sevaine Area Master Plan of Drainage Report (August 1989). For the purpose of this chapter, "planned drainage facilities" means facilities contained within said Drainage Plan and subsequent revisions. Where the City Council has found that drainage and land use configurations are significantly different, those areas may be separated into local drainage areas by resolution for the purpose of policy and fee requirements. 13.09.090 Exceptions Drainage fees shall not be required as a condition of the issuance of a building permit for: A. Alterations; Ordinance No. 402 Page 5 B. Reconstruction. Where permits are issued within two years of the destruction of a structure due to fire, vandalism, wind, earthquakes or other natural or man-made disasters; C. An addition to a single-family residence when the addition does not exceed six hundred fifty square feet in floor area; D. Construction of garages, carports, storage buildings, patio covers, swimming pools, and similar structures, accessory to a single-family residence. 13.09,100 Effective Chapter Provisions of this chapter shall control drainage in the Etiwanda/San Sevaine Local Drainage Area as defined in the Etiwanda/San Sevaine Area Master Plan of Drainage Report (August 1989) notwithstanding any other statement in this code. SECTION 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 Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. ATTEST: PASSED, APPROVED, and ADOPTED this 6th day of September, 1989. Alexander, Brown, Buquet, Stout, Wright AYES: NOES: None ABSENT: None ~ennis L~yor Ordinance No. 402 Page 6 Executed this 7th day of September, 1989 at Rancho Cucamonga, Cal i fornia. Debra J. Adam~s, City Clerk