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HomeMy WebLinkAbout71-04 - Drainage FeesORDINANCE NO. 71-4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CREATING A DRAINAGE FEE SCHEDULE, MAKING PROVISION FOR THE COLLECTION THEREOF, PROVIDING FOR REIMBURSEMENT IN SOME INSTANCES, AND PROVIDING FOR THE USE OF SAID FUNDS COLLECTED. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Costa Mesa does hereby find and declare that the development of property in the City of Costa Mesa, including subdivisions and parcels, from time to time requires the construc- tion of facilities as set forth in the Master Drainage Plan. The City Council further finds and declares that fees as hereinafter set forth have been fairly apportioned on all of the property throughout the City, taking into consideration the existing drainage facilities and those required by the Master Drainage Plan. The City Council further finds and declares that proper administration of the Master Drainage Plan and its ultimate success for the purpose for which it was designated requires that the entire City of Costa Mesa be declared as a drainage area. The City Council further finds and declares that for protection of the property within the City of Costa Mesa and for the benefit of the health, safety and welfare of the community, certain drainage facilities must be pro- vided for to protect against inundation as determined as a probability from storm cycle studies. Accordingly, there is enacted to the Costa Mesa Municipal Code, Chap- ter XII, Article 1, which shall be as follows: SECTION 2. CHAPTER XII Public Works Article 1 Drainage Fees Section 12.101 Master Drainage Plan The City of Costa Mesa has adopted and now has in effect a Master Drainage Plan, which has been, after notice and public hearing, revised from time to time and which was adopted pursuant to Title 7, Chapter 3, Article 8, Section 65450 at seg., California Government Code. The official copy of said Master Drainage Plan is on file in the offices of City Engineer at 77 Fair Drive, Costa Mesa, California, and any reference in this article to the Master Drainage Plan shall be to the maps, plats, plans, specifica- tions, and other materials constituting said Master Drainage Plan as on file at the above address. The terms of this article shall apply to all of the drainage facilities now in place within the City of Costa Mesa, as well as drainage facilities described and set forth in the Master Drainage Plan. Section 12.102 Drainage Fees There is hereby established a drainage fee of $1,000.00 per gross acre of land being developed as set forth in this ordinance on a prorated basis. The funds collected hereunder shall be deposited in a separate fund which shall be known as the "Drainage Fee Fund." Said fee shall be collected, de- posited, and expended in the case of subdivisions and parcel maps in accor- dance with Section 11543.5 of the Business and Professions Code, State of California, and all other applicable laws of the State of California. All fees collected in cases other than the case of subdivisions and parcels sub- ject to parcel maps shall be paid in and deposited in accordance with rules and regulations as set forth by the Director of Finance for the City of Costa Mesa. Section 12.103 Refunds Refund of the payment of said fees shall not be made once said fees have been paid in accordance with this article, except in the case where the applicant or developer abandons the subdivision or parcel map by reason -2- of some fortuitous event not within the control of said applicant or developer, and further providing that the City Council first make a finding that said re- fund is warranted and is authorized, and providing further that the City Coun- oil may provide for a partial refund, retaining any amount which they find will compensate the City for the processing of plans, engineering, inspections or other services performed on behalf of said applicant or developer. Section 12.104 Required Construction Whenever a development is planned in a location where the Master Plan calls for a storm drain and the applicant or developer is required to con- struct the storm drain upon public right of way or on private property to be dedicated as public right of way, the applicant or developer shall be re- quired to post appropriate bonds to cover the estimated construction cost of the storm drain and submit copies of bid prices to the City Engineer prior to construction. If the estimated construction cost is less than the drainage fee, the applicant shall pay a fee equal to the total fee based on the gross area being developed minus the estimated construction cost of the storm drain. Prior to exonerating the bonds, the actual cost of the storm drain shall be established !.y the City Engineer, his cost estimate, and bid prices as estab- lished from three competitive bids and an added fee charged or a reimbursement made so that the actual construction cost plus the drainage fee paid is equal to, but not to exceed, $1,000 per acre for the gross area developed. Section 12.105 Reimbursement Agreement Where the applicant or developer has entered into an agreement with the City of Costa Mesa providing for the cost of drainage facilities by pay- ment by the developer, and where cost of said facilities exceeds the drainage fee, a reimbursement may be made from the drainage fee fund on the following basis: (a) Only if money is available in the fund; (b) Providing said money has not been committed by budget for other facilities; -3- (c) Reimbursement made by priorities established by the City Engineer Section 12.106 Fund Commitments The money obtained through payment of drainage fees as provided for in this Article may be used by the City to construct storm drains, and said funds shall be expended only for repair, maintenance or installation of new drainage facilities, all to implement the Master Drainage Plan, including repair, maintenance and upkeep of facilities already in place not specifically included in the Master Drainage Plan. City may incur indebtedness for the construction of any drainage facility providing the sole source for repay- ment of such indebtedness shall be from the drainage fee fund. Section 12.107 Existing Drainage Facilities Applicants requesting connection with existing drainage facilities shall be required to pay the drainage fee as provided for in this Article. Section 12.108 Exceptions No drainage fees shall be assessed or collected in the following cases: (a) The fee shall not be imposed on any construction on any parcel of land with the gross measurement of 20,000 square feet or less, irrespective of the cost of said construction. (b) Any parcel of land over 20,000 gross square feet in size where the following conditions exist: 1. Where the improvement consists of interior alterations, including electrical, plumb- ing, heating, and ventilating; 2. Any addition or major alteration to an exist- ing building, construction of an accessory building, in any form, where the accumulated value of said improvement does not exceed -4- the assessed valuation of land and building as shown on the County Assessor's current assessment roll; 3. No parcel of land shall be assessed more than once for the drainage fee as provided for in this Article, irrespective of change in owner- ship. Section 12.109 Deposit of Fees Fees shall be deposited in the City Treasury prior to the approval of the final tract or parcel map in the case of recorded map developments and at the issuance of a building permit in all other instances. Section 12.110 Credits for Prior Assessments Any parcel or parcels of land having been assessed for storm drain improvements prior to the passage of this ordinance under Improvement Act of 1911 or Improvement Act of 1913 proceedings shall have as a credit on the drainage fee set forth in Section 12.102 that portion of said improve- ment assessment per acre allocated to storm drains. Where said improvement proceedings included more than storm drain, the City Engineer shall ascer- tain the assessment per acre allocated to storm drains and his findings shall be final. Section 12.111 Private Drainage Facilities Fees provided for and the expenditures to be made from the drainage fund are to be applicable to those facilities as provided for in the Master Drainage Plan and previous existing drainage structures and easements or public rights of way. Drainage facilities necessary within any development by reason of requirements of the City of Costa Mesa or the Uniform Building Code shall be at the sole expense of the developer, and funds obtained as provided for in this Article shall not be expended therefor. 1575 SECTION 3. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitu- tional by the decision of any court or competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase,thereof, irrespective of the fact that any one or more sections, subsections, clauses, sentences or phrases thereof, be declared invalid or unconstitutional. This ordinance shall affect only those applications for building permits, parcel maps and subdivisions which are filed officially with the City from and after the date that this ordinance becomes effective, with the exception that any of the aforementioned applications or zone exception permits already filed, having already had a drainage requirement according to our Master Drainage Plan, said requirement shall be deemed valid and enforceable hereunder. SECTION 4. This ordinance shall take effect and be in full force thirty (30) days from and after its passage and shall, prior to the expiration of fifteen (15) days from its passage, he published once in the Orange Coast Daily Pilot, a newspaper of general circulation, printed and published in the City of Costa Mesa, together with the names of the members of the City Council voting for and against the" same. PASSED AND ADOPTED this IeZA day of i/ldU , 1971. MAgor of the City of Costa Mesa ATTEST: City Clerk of the City of Costa L17esa :J, STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) 1, EILEEN P. PHINNEY, City Clerk of the City of Costa Mesa and ex - officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 71-4 was introduced and considered section by section at a regular meeting of said City Council on the 1st day of March, 1971, and thereafter passed and adopted as a whole at�_a"� 'Iregular meeting of said City Council held on the /SL/r day of A&tZ V , 1971, by the following roll call vote: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this /6.-4 day of //�,Q/LC�J 1971. City Clerk and ex -officio Clerk the City Council of the City of Cost Mesa bB STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of Cal- ifornia, and I certify that City 0-61 nance Number of which the copy attached hereto is a true and complete copy, was printed and published in the regular issue(s) of said newspaper on tdarr r, 1 o I declare, under penalty of perjury, that the foregoing is true and correct. Executed on i =r^i. 14 1971, at Costa Mesa, California. �—' (slenetvnl STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk of the City of Costo Mesa and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that Ordinance No. 71–L was introduced and con- sidered, section by section, at a regular meeting of the City Council of the City of Costa Mesa, held on the 1st day of — March , 197L, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 15th day of March 1971, by the following roll -call vote: AYES: COUNCILMEN- Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: COUNCILMEN- Non ABSENT: COUNCILMEN - I FURTHER CERTIFY that said Ordinance No. 71-4 was published in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, on the 19th day of March , 1971, City Clerk and ex -officio Clerk of theCouncil of the City of Costa Masa n sectfoo 12.110 CrgtlWs Far Prior 2t N.." Any-parcelrlParcels of land baying beth assess[for shown dram Im- and. =nts prior b the passage 01 set this ordinance under Improvement Act an M 1911 or Improvement It of 1913 cmond to me. ode, chapter be as follows: any aNct Only those Permits, parcel which are filed frpn and after Inai mmembe of"the s Tor the City Council s Of the vonne Far and against me same. h. State PASSED AND ADOPTED this IMP applicable day of March, 1971. rata. All ROBERT M. WILSON spin Ile' AS.... of the Is subiect Miry of Costa Mesa i in am ATTEST: rulesand! EILEEN P. PHINNEY Director City Clerk M the Mesa.. CITY M Costa Mesa STATE OF CALIFORNIA ) sell has COUNTY OF ORANGE 1 as uta nee. CITY OF COSTA MESA 1 ` with I, EILEEN P. PHINNEY, City Clerk " where- M the CRY W Cast. Meed aM exiNldo bandeng Clerk Of the City CouncN Of Me City W red of Costa Mesa, hertbY fortify that M within Me .tome and foregoing Ordinance No. eeveltoe., lid w introduced and cbnsiarM I me city e Nn OY'ostolon at a regularMme the, dam or said City Councn on the let a0Y authorized, m March, IWI, and thereafter passed theCHY and adopted a hole at d regular dCity refund. patine of uta Council nets t1 hey find the '15th 'day OF March, 1911, by the ,be pro. following Toll call von: mpadlans AYES: PINUev. St. CIal, Wllsm, on behalf J.M.. HampNll NOES: Nen. Slop ABSENT: Nave s pinned IN WITNESS WHEREOF, 1 few, am Plan hoeunto set my hand and INxed the applicant seal of the City M Castle Mesa this Cbnslred 16th it., of March, 1911. .nM 0 EILEEN P. PHINNEY v to be Ciro Clerk and exofnao v, the aa- Clerk of the City Council egulred to M the City of Costa Mesa r`In.EEIi- MPUEllsaeaorOrange Coast Daily.�i01 11 money Is available In flet Salaey has not mea by budget tar other ll drainage ll Fee es Article. lUPON be aaSMua ewlm C s not be lmWsed' any Pamet lasts eahralWnt had, Ir cost of .to ooh• lend over 20,00] In size where the .addition or malar alteration