Chapter 16.36
OTHER IMPROVEMENTS
Sections:
16.36.010 Drainage and sewer facilities – Payment of fees required.
16.36.011 Drainage and sewer facilities.
16.36.020 Bridge crossings and major thoroughfares.
16.36.030 Supplemental improvements – Procedure.
16.36.040 Supplemental improvements – Drainage, sewerage, bridges and major thoroughfares.
16.36.010 Drainage and sewer facilities – Payment of fees required.
Prior to filing of any final map or parcel map, the subdivider shall pay or cause to be paid any fees for 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 or sanitary sewer facilities for local sanitary sewer areas established by ordinance and pursuant to Section 66483 of the Government Code. (Ord. 79-426 § 11.01).
16.36.011 Drainage and sewer facilities.
A. Purpose. The purpose of this section is to establish a program to reduce flooding within the city by completing drainage improvements included in the 1982 Storm Drainage Master Plan and sewer facilities needed to accommodate new development projects.
B. Construction of Off-Site Drainage Improvements. Storm drainage improvements shall be constructed in conformance with the city’s 1982 Storm Drainage Master Plan and Improvements Standards and Specifications under the following circumstances:
1. Significant Impact. Storm drainage improvements shall be constructed prior to the filing of any parcel map or final map whenever a development project will either create a significant drainage impact or significantly impact an area with inadequate drainage facilities. The existing flooding problem (if any), the potential to impact existing development, the increase in stormwater runoff from the development project and the status of completing the drainage improvements in the 1982 Storm Drainage Master Plan in the area impacted by the development project shall be considered in determining whether a development project will cause a significant impact.
A dollar-for-dollar credit for drainage fees shall be given whenever drainage improvements required by this section are included in the city’s 1982 Storm Drainage Master Plan.
2. Conflict with 1982 Storm Drainage Master Plan. Drainage improvements that are identified in the 1982 Storm Drainage Master Plan shall be installed whenever a development project would conflict with such improvements.
A dollar-for-dollar credit for drainage fees shall be given for any drainage projects required by this section. The city shall also enter into a payback agreement when requested.
3. Drainage Fee Credit. In no event shall the amount of any credit exceed the drainage fee.
C. Drainage Fees.
1. Payment of Fees. Drainage fees shall be collected prior to the filing of any parcel map or final map. The city council shall set the method of payment, method of collection, and fee by resolution, and may, from time to time, amend the resolution.
2. Use of Fees. Fees collected shall be deposited in the “drainage facility fee fund” and such fees shall be used to construct storm drainage improvements included in the city’s 1982 Storm Drainage Master Plan.
Any interest earned by moneys deposited in the “drainage facility fee fund” shall be placed in such fund.
D. Sewer Facilities. Any subdivider shall construct sanitary sewer trunk lines and provide sanitary facilities as necessary to connect to the existing system without causing any manner of overloading. If capacity presently exists and a subdivider meets all requirements, an in-lieu fee may be paid which will provide for planned future expansion. The conditions for in-lieu fee qualification and the amount of any planned local facilities fee shall be established by resolution. (Ord. 89-538 § 3; Ord. 88-528 § 4; Ord. 87-507 § 4).
16.36.020 Bridge crossings and major thoroughfares.
The purpose of this section is to make provisions for assessing and collecting fees as a condition of approval of a final map or as a condition of issuing a building permit for the purpose of defraying the actual or estimated costs of constructing bridges or major thoroughfares pursuant to Section 66484 of the Government Code. (Ord. 79-426 § 11.02, 1979).
16.36.030 Supplemental improvements – Procedure.
The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision as a condition prior to the approval of a subdivision or parcel map, and thereafter to dedicate such improvements to the public. However, the subdivider shall be reimbursed for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements pursuant to Section 66485 et seq., of the Government Code. (Ord. 79-426 § 11.03).
16.36.040 Supplemental improvements – Drainage, sewerage, bridges and major thoroughfares.
If the city has adopted a local drainage or sanitary sewer plan or map as required for the imposition of fees therefor, or has established an area of benefit for bridges or major thoroughfares as provided in this chapter, the city may impose a reasonable charge on property within the area benefited and may provide for the collection of said charge as set forth in this title. The city may enter into reimbursement agreements with a subdivider who constructs said facilities, bridges or thoroughfares, and the charges collected by the city therefor may be utilized to reimburse the subdivider as set forth in this chapter. (Ord. 79-426 § 11.04).