In order to implement the goals and objectives of the public health and safety element of the city'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 § 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.
(Code 1980, § 13.09.010; Ord. No. 402, § 1, 1989)
A drainage improvement fee is 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 improvements, describe the reasonable relationship between this fee and the various types of new developments, and set forth time for payment. As described in the fee resolution, the development fee shall be paid by each developer prior to 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.
(Code 1980, § 13.09.020; Ord. No. 402, § 1, 1989; Ord. No. 805, § 1, 2-4-2009)
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 or her 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 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 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 50 percent of the area of the structures on the parcel which existed on the effective date of the original 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 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, § 13.09.030; Ord. No. 402, § 1, 1989; Ord. No. 805, § 1, 2-4-2009; Ord. No. 870 (Recodification), 2014; Ord. No. 893, § 4, 8-21-2016; Ord. No. 938 § 9, 2018)
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, 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;
B. 
Reimburse developers who have been required or permitted by section 13.09.070 to install such listed facilities.
(Code 1980, § 13.09.040; Ord. No. 402, § 1, 1989)
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:
A. 
Ten days prior to the public hearing on the development permit application for the project; or
B. 
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.
(Code 1980, § 13.09.050; Ord. No. 402, § 1, 1989; Ord. No. 870 (Recodification), 2014)
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, § 13.09.060; Ord. No. 402, § 1, 1989)
A. 
Whenever the construction of planned 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 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 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 ten 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.
(Code 1980, § 13.09.070; Ord. No. 402, § 1, 1989)
The Etiwanda/San Sevaine area master plan or 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, the term "planned drainage facilities" means facilities contained within the 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.
(Code 1980, § 13.09.080; Ord. No. 402, § 1, 1989; 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 a 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, § 13.09.090; Ord. No. 402, § 1, 1989; Ord. No. 870 (Recodification), 2014; Ord. No. 893, § 5, 8-21-2016; Ord. No. 938 § 9, 2018)
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 area (August 1989), notwithstanding any other statement in this Code.
(Code 1980, § 13.09.100; Ord. No. 402, § 1, 1989)