The city is seriously affected by surface and storm-waters and the continual development of property within the city has placed a serious demand on the existing facilities to handle surface and stormwaters. In order to plan and develop drainage facilities for the removal of surface and stormwaters and to provide for an equitable manner for the apportionment of the cost of the development of such facilities, the city council has determined that a drainage plan must be adopted and a drainage fee established to acquire funds to be used for the construction of the facilities described in the drainage plan.
(Ord. 77 § 1, 1973)
The drainage plan for the city entitled "Existing Master Plan Storm Drains" and dated December, 1975, on file with the city clerk is found and declared to be the drainage plan of the city of Loma Linda.
(Ord. 77 § 2, 1973; Ord. 137 § 1, 1976)
As a condition of approval of a final subdivision map or parcel map for a division of land not defined as a subdivision or the issuance of a building permit, the city shall require the payment of a fee as shall hereafter be established by resolution of the city council for purposes of defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas. The costs, whether actual or estimated, shall be based upon a finding by the city council that development of property within the drainage plan area will require construction of the facilities described in the drainage plan, and that the fees are fairly apportioned, either on the basis of benefits conferred on the property in question or on the need for such facilities created by the proposed subdivision or subparcel or development of property. The fee as to any property shall not exceed the pro rata share of the amount of the total actual or estimated costs of all facilities pursuant to the drainage plan which would be assessable on such property if such costs were apportioned on a per-acre basis.
(Ord. 77 § 3, 1973)
The fee required to be paid by this chapter shall be paid into 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 cost of engineering and administrative services to establish, design and construct the plan and facilities.
(Ord. 77 § 4, 1973)
The city council may, where it finds that land is necessary for park and recreational purposes, accept the dedication of land in lieu of the payment of drainage fees. The value of the land to be dedicated shall be in direct proportion to the amount of any fee that would have been paid. The land so dedicated shall be used only for park and recreational facilities and shall be designed so that it will serve the development from which it was dedicated, and the dedication shall be in accordance with the principals of the parks and recreation element of the general plan. Whether or not the city council shall accept such offer of dedication in lieu of fees shall be solely at their discretion.
(Ord. 77 § 5, 1973)
Drainage fees herein provided shall not be required of any of the following projects: alterations, repairs or remodeling of single-family residences or trainer or mobile home spaces involving a construction valuation of less than a specified amount which shall be established by resolution; building projects having a floor area of less than seven hundred fifty square feet; buildings or additions devoted solely to off-street parking of vehicles; city buildings.
(Ord. 77 § 6, 1973; Ord. 243 § 1, 1981)
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 the proper apportionment made as a credit toward any fee payment required by this chapter.
(Ord. 77 § 7, 1973)