18.240.020 - Drainage fees.
A. This section is adopted pursuant to Section 66483, et seq. of the California Government Code which provides for the payment of fees for construction of drainage facilities as a condition to the division of land.
B. Whenever land that is proposed to be divided lies within the boundaries of an area drainage plan, adopted by resolution of the City Council, a drainage fee in the amount set forth in the adopted plan shall be paid as a condition of approval of the filing of a final map or parcel map, or as a condition of the waiver of the filing of a parcel map.
C. Each area drainage plan shall be adopted pursuant to the provisions of California Government Code Section 66483 et seq.; shall cover a particular drainage area; shall contain an estimate of the total cost of constructing the drainage facilities required by the plan; and shall include a map of the area that shows the boundaries of the drainage area and the location of the required facilities.
D. The area drainage plan shall be determined by resolution of the Riverside County Board of Supervisors and/or the Riverside County Flood Control and Water Conservation District to be in conformity with any applicable County-wide or district general drainage plans.
E. As a condition to adoption of a plan, the City Council shall find and determine that the subdivision and development of property within the planned local drainage area will require construction of the facilities described in the drainage plan and that the drainage fees are fairly apportioned within such area 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 property within such area.
F. The City Council may provide for varying fees; provided, however, the fee as to any property proposed for subdivision within a drainage area shall not exceed the pro rata share of the amount of the total actual or estimated costs of all facilities within such area which would be assessable on such property if such costs were apportioned uniformly on a per-acre basis.
G. The planned drainage facilities shall be in addition to existing facilities serving the area at the time of the adoption of the area drainage plan.
H. Drainage fees required by this section shall be paid to the City and thereafter transferred into a planned local drainage facilities fund which shall be maintained under the jurisdiction of the Riverside County Flood Control and Water Conservation District. A separate fund shall be established by the district for each adopted local drainage area. Moneys in such funds shall be expended solely for the construction, reimbursement for construction, or right-of-way acquisition for drainage facilities within the drainage area for which the fees were collected, or to reimburse the district for the cost of engineering and administrative services to design and construct the facilities and acquire any necessary right-of-way for the facilities.
I. In the discretion of the City Council, dedication of right-of-way, actual construction, or design work by a civil engineer may be accepted in lieu of the payment of drainage fees, upon a determination that the alternative is acceptable and is equal to or greater in value than the required fee.
J. Money may be advanced by the Riverside County Flood Control and Water Conservation District to pay the cost of drainage facilities within an adopted drainage area; thereafter, such moneys may be reimbursed from the planned local drainage facilities fund for the local drainage area in which the facilities were constructed.
K. When required for the implementation of an adopted area drainage plan, an agreement may be entered into between a developer and the Riverside County Flood Control and Water Conservation District whereby the developer may advance funds for the construction of facilities within a local drainage area, provided that the sole security for payment of funds or other consideration advanced shall be moneys subsequently accruing to the planned local drainage facilities fund for the drainage area in which the facilities are constructed. Reimbursement shall be for the amount advanced only and shall not include interest or other charges. The agreement shall expire ten years after the date it was entered into, and any subsequent moneys paid into the fund shall accrue to it without obligation to creditors for which the agreements have expired.
L. Drainage fees listed in an adopted plan may be amended by the City Council at any time upon a determination that it is necessary to change the fees in order to correctly reflect the estimated cost of the required facilities.
(Ord. 6968 §1, 2007)
