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)
