This article is adopted under the authority granted to the city
to impose conditions for the payment of fees for purposes of transferring
the actual or estimated costs of constructing planned drainage facilities
for the removal of surface and storm waters from local or neighborhood
drainage areas and of constructing planned sanitary sewer facilities
for local sanitary sewer areas under the provisions of section 66483
of the California Government Code, section 32-206.01.C of the Subdivision
Code and judicial decisions.
(Ord. No. 97-14, § 12, 7-2-97)
The city council may, by resolution, adopt regulations to establish
administration procedures, interpretation and policy considered necessary
or desirable to carry out the provisions of this article.
(Ord. No. 97-14, § 12, 7-2-97)
The city council shall, by resolution, adopt a plan and map
showing the boundaries and the location of such facilities for any
local drainage or sanitary sewer area, which plans shall contain an
estimate of the total costs of constructing the local drainage or
sanitary sewer facilities required by the plan. The drainage or sanitary
sewer facilities so planned are in addition to existing facilities
serving the area at the time of adoption of such plan. The city council
may impose a fairly apportioned reasonable fee or charge on property
within the area which, in the opinion of the city council, is benefited
by such drainage or sanitary sewer facility, either on the basis of
benefits conferred on property proposed for subdivision or on the
need for such facilities created by the proposed subdivision and development
of other properties within such areas. The fee as to any property
proposed for subdivision within such a local area shall not exceed
the pro rata share of the amount of the total actual or estimated
costs of all facilities within such areas which would be assessable
on such property if such costs were apportioned uniformly on a per-acre
basis.
(Ord. No. 97-14, § 12, 7-2-97)
The city council hereby finds that the subdivision of lands
within the meaning of the Subdivision Map Act and the development
of property by construction or reconstruction of buildings thereon
will require the construction of those local drainage facilities or
sanitary sewer facilities within the areas designated by section 6-465.3.
The city council further finds that all properties within each of
the local drainage areas or sanitary sewer areas will be benefited
by the construction of the local drainage facilities or sanitary sewer
facilities proposed for each of said areas.
(Ord. No. 97-14, § 12, 7-2-97)
No final map, final parcel map or building permit shall be approved
by the city until the drainage fees or sanitary sewer fees required
by this article have been paid in full. Final maps, final parcel maps
and building permits may be approved prior to the full payment of
the drainage and sanitary sewer fees, subject to the subdivider, developer
or builder entering into an agreement with the city, secured by money,
a bond by one or more duly authorized corporate sureties, or instrument
of credit, approved by the city attorney, which will provide for the
deferment of the payment of said fees to a date established by the
city, not to exceed one year from the date of connection or building
permit issuance. The calculation of deferred fees due shall be based
on the development fee schedule in effect at the time of payment.
The city may accept other considerations in lieu of payment of fees.
(Ord. No. 97-14, § 12, 7-2-97; Ord. No. 2012-12, § 6, 6-20-12)
Any applicable drainage or sanitary sewer connection fee credit
shall be determined pursuant to sections 6-442, 6-445 or 6-446.
(Ord. No. 97-14, § 12, 7-2-97; Ord. No. 2008-21(R), § 7, 10-22-08)
Fees collected hereunder shall be segregated according to their
source and deposited into a "planned local drainage facilities fund"
and a "planned local sanitary sewer fund" respectively established
for each local drainage area or local sanitary sewer area and the
funds therein and the interest accruing thereto shall be expended
solely for the construction of, or reimbursement for, local drainage
or local sanitary sewer facilities within each such area or to reimburse
the city for the cost of engineering and administrative services to
form the district and design and construct the facilities. The city
may advance money from its general fund to pay the costs of constructing
such facilities within a local drainage or sanitary sewer area and
reimburse the general fund for such advances from the planned local
drainage or sanitary sewer area in which the drainage or sanitary
sewer facilities were constructed. The city may incur an indebtedness
for the construction of drainage or sanitary sewer facilities within
a local drainage or sanitary sewer area provided that the sole security
for repayment of such indebtedness shall be monies in the planned
local drainage or sanitary sewer facilities funds.
(Ord. No. 97-14, § 12, 7-2-97)
After completion of the facilities and the payment of all claims
from any planned local drainage facilities fund, or any planned local
sanitary sewer fund, the city council shall determine, by resolution,
the amount of the surplus, if any, remaining in any of such funds.
Any such surplus shall be used in such accounts as the city council
may determine for one or more of the following purposes:
(a)
For transfer to the general fund of the city provided that the amount
of such transfer shall not exceed 5% of the total amount expended
from the particular fund;
(b)
For the construction of additional or modified facilities within
the particular drainage or sanitary sewer area; and
(c)
As a refund in the manner provided in Section 66483.2 of the Government
Code.
(Ord. No. 97-14, § 12, 7-2-97)
The city council may, at its discretion, enter into a repayment
agreement with a developer when said developer has constructed local
drainage or local sanitary sewer facilities. Repayment shall be made
only as fees are collected in connection with the subdivision or construction
on other property in the same local drainage or local sanitary sewer
area in which said facilities were constructed. The amount of repayment
shall be limited to the actual cost of such facility at the time it
is constructed.
(Ord. No. 97-14, § 12, 7-2-97)
This article shall not be applicable to any tentative map or
building permit filed prior to the thirty-first (31st) day after the
effective date, December 9, 1977, of the ordinance codified in this
article.
(Ord. No. 97-14, § 12, 7-2-97)
