The city is seriously affected by surface water and stormwater and the continual subdivision and development of property within the city has placed a serious demand on existing facilities which handle surface water and stormwater. In order to plan and develop drainage facilities for the removal of surface water and stormwater and to provide an equitable manner for the apportionment of the cost of the development of such facilities, the city council determines that a drainage plan must be adopted and a drainage fee established to provide funds to be used for the construction of facilities described in the drainage plan.
(Code 1980, § 13.08.010; Ord. No. 75, § 1, 1979; Ord. No. 75-B, § 1, 1983; Ord. No. 286, § 1, 1986; Ord. No. 870 (Recodification), 2014)
The comprehensive storm drain plan number 2 prepared by the county flood control district, master plan revision number 1 prepared by L.D. King Engineering, the master plan of drainage facilities for the Terra Vista planned community, the Etiwanda area drainage plan, the Victoria planned community drainage plan and the Caryn planned community drainage plan, together with construction costs and other related material and all revisions or amendments subsequently adopted by the city council by resolution, are found and declared to be the drainage plan for the city. For the purpose of this chapter, the term "planned drainage facilities" means facilities contained within the respective drainage plans and subsequent revisions. The city council finds that drainage and land use configurations are significantly different within the Terra Vista, Caryn and Victoria planned communities, the boundaries of the Etiwanda specific plan, and the boundaries of the industrial area assessment district (AD82-1) and Alta Loma assessment district (AD84-2). All other drainage problems are approximately of equal magnitude in all other areas of the city. For the purposes of this chapter, the city shall be comprised of the following local drainage areas:
A. 
The Victoria planned community area;
B. 
The Terra Vista planned community area;
C. 
The Caryn planned community area;
D. 
Etiwanda Area A (designated in the Etiwanda area drainage plan as Areas 1, 2, 3 and 6);
E. 
Etiwanda Area B (designated in the Etiwanda area drainage plan as Areas 4, 5, 7 and 8);
F. 
The assessment district areas (comprised of the industrial area assessment district (AD82-1) and the Alta Loma assessment district (AD84-2)); and
G. 
The general city area (comprised of all remaining areas of the city not otherwise included in the above local drainage areas).
(Code 1980, § 13.08.020; Ord. No. 75, § 2, 1979; Ord. No. 75-B, § 1, 1983; Ord. No. 286, § 1, 1986; Ord. No. 870 (Recodification), 2014)
A. 
As condition of approval of a tentative map, a parcel map, the waiver of a parcel map, director reviews, site approval, location and development plan, conditional use permit, or the issuance of a building permit, the city shall require the payment of a fee as provided in this chapter for the purposes of defraying the actual or estimated cost of constructing planned drainage facilities for the removal of surface water and stormwater from the local drainage areas. The city council finds that development of property within the local drainage area will require construction of the facilities described in the drainage plan, and the fees are fairly apportioned on the basis of benefits conferred on the property in the local drainage areas and on the need for such facilities created by the proposed division or development of property in the local drainage area. The city council further finds that the fee as to any property does not exceed the pro rata share of the amount of the total actual or estimated cost of all facilities pursuant to the drainage plans which would be assessable on any parcel of property if such costs were apportioned on a per acre basis.
B. 
The fees required to be paid within the Etiwanda Area A and Etiwanda Area B local drainage areas shall be paid prior to the approval of any final or parcel map. All other fees required to be paid by this chapter shall be paid at the time of the issuance of a building permit.
(Code 1980, § 13.08.030; Ord. No. 75, § 3, 1979; Ord. No. 75-B, § 1, 1980; Ord. No. 286, § 1, 1986; Ord. No. 870 (Recodification), 2014)
A. 
The fees required to be paid by this chapter shall be set by resolution of the city council.
B. 
No fees shall be charged within the Victoria, Caryn and Terra Vista planned community areas or the assessment district areas. All planned local drainage facilities within the assessment district areas have been completely constructed. However, in lieu of storm drain fee collections, facilities within the Victoria, Caryn and Terra Vista planned communities shall be constructed with development, at the developer's expense. The city engineer shall, in the exercise of his or her discretion, determine which facilities are to be constructed with a particular development as a condition of such development. Notwithstanding the foregoing, any property annexed within the Victoria, Caryn or Terra Vista planned communities after the effective date of this chapter shall pay a storm drain fee in an amount equal to the local drainage area fee applicable to such annexed property prior to such annexation and in effect at the time of 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 rights-of-way, with respect to which the building permit is issued.
D. 
If the parcel with respect to which the 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 provision of subsection (D)(1) of this section, 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 codified in this chapter 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 ordinance codified in this chapter, exceeds 50 percent of the area of the structures on the parcel which existed on the effective date of the ordinance codified in this chapter.
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 recordation 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.
F. 
If the parcel with respect to which a building permit is issued is an existing single family residence that is required to pay drainage fee pursuant to this chapter and the permit is issued for an addition, guesthouse, or accessory dwelling unit 650 or more square feet in area, the fee shall be based on the net area of the addition, guesthouse, or accessory dwelling unit calculated as follows: the square footage of the permit application as determined by the building official plus five feet times the outside wall perimeter of the addition, guesthouse, or accessory dwelling unit.
(Code 1980, § 13.08.040; Ord. No. 75, § 4, 1979; Ord. No. 75-A, § 1, 1980; Ord. No. 75-B, § 1, 1983; Ord. No. 286, § 1, 1986; Ord. No. 363, § 1, 1988; Ord. No. 870 (Recodification), 2014; Ord. No. 893, § 2, 8-21-2016; Ord. No. 938 § 9, 2018)
The fee required to be paid by this chapter shall be deposited in 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 costs of engineering, planning and administrative services to establish, design and construct the plan and facilities up to 25 percent of the cost of construction. A separate planned drainage facilities fee fund shall be established for each local drainage area with the exception of the Victoria, Caryn and Terra Vista planned community areas, and the assessment district areas. Initial funds collected may be utilized for specific planning and engineering studies as designated by resolution of the city council.
(Code 1980, § 13.08.050; Ord. No. 75, § 5, 1979; Ord. No. 75-B, § 1, 1983; Ord. No. 286, § 1, 1986; Ord. No. 870 (Recodification), 2014)
Drainage fees shall not be required as a condition of the issuance of a building permit for:
A. 
Alterations;
B. 
Reconstruction. Where permits are issued within two years of the destruction of the original structure due to fire, vandalism, wind, earthquakes or other natural or manmade disasters;
C. 
For single-family residences, an addition, guesthouse, or accessory dwelling unit that does not exceed 650 square feet in area;
D. 
Construction of garages, carports, storage buildings, patio covers, swimming pools, and similar structures, accessory to a single-family residence.
(Code 1980, § 13.08.060; Ord. No. 75, § 6, 1979; Ord. No. 75-B, § 1, 1983; Ord. No. 286, § 1, 1986; Ord. No. 870 (Recodification), 2014; Ord. No. 893, § 3, 8-21-2016; Ord. No. 938 § 9, 2018)
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.
(Code 1980, § 13.08.070; Ord. No. 75, § 7, 1979; Ord. No. 75-B, § 1, 1983; Ord. No. 286, § 1, 1986)
A. 
Whenever the construction of planned drainage facilities is necessary for the proper drainage of a subdivision, the city may require the subdivider to construct such facilities with credit being given by the city toward any fee payment required by this chapter. If the cost of such constructing exceeds the fee which would otherwise be 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 the fee required by this chapter is collected in connection with a subdivision or development on other property in the area encompassed by the reimbursement boundaries described in the reimbursement agreement. The basis of reimbursement shall be the developer's actual cost of construction of the planned drainage facilities. The term of a reimbursement agreement shall be as specified in the agreement.
B. 
Drains constructed in conjunction with the Victoria, Caryn and Terra Vista planned communities shall be eligible for reimbursements from areas outside of such planned communities. The reimbursement amount shall be in proportion to the tributary drainage served by the constructed drain as determined by the city engineer. Where tributary drainage originates outside of the city boundaries, reimbursements are subject to agreement with the jurisdiction from which the runoff originates.
(Code 1980, § 13.08.080; Ord. No. 75, § 8, 1979; Ord. No. 75-B, § 1, 1983; Ord. No. 286, § 1, 1986)