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