Chapter 13.16 — FEES FOR PLANNED DRAINAGE FACILITIES

A.

The city council does find that there is substantial new construction of residential and commercial structures in the city, which has resulted in serious deficiencies in the drainage of surface water and stormwater from the city area. The entire city shall, for the purposes of this chapter, be considered as one drainage area. The ordinance codified in this chapter is adopted pursuant to the provisions of Section 66483 of the Government Code of the state of California.

B.

The city of Corning is located in the county of Tehama, which has not adopted a countywide general drainage plan, and there is no district in the county, in which the city is included, which has a district-wide general drainage plan.

(Ord. 341 §§1, 3, 1979).

The city has adopted a drainage plan for the city, which plan was adopted by resolution of the city council on January 22, 1979. The estimated total cost of constructing the drainage facilities required by the plan is one million eight hundred fifty thousand dollars, based on a 1978 Engineering News Record construction costs index. The construction cost estimate and corresponding fees will be amended periodically in accordance with the engineering construction costs applicable to the period when the work is actually undertaken. A map showing the drainage area, and the location of the drainage facilities is attached to the ordinance codified in this chapter as Exhibit A.

(Ord. 341 §2, 1979).

The city council has made findings that the estimated costs of the drainage plan, as set forth in Section 13.16.020, are as accurate as possible, and that the subdivision and development of property in the city will require construction of the facilities described in the drainage plan. The schedule of fees which the city council has adopted by resolution are fairly apportioned within the area of the city 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 the city.

(Ord. 341 §4, 1979).

The drainage facilities planned are in addition to existing facilities serving the area at the time of the adoption of the drainage plan for the city.

(Ord. 341 §6, 1979).

The drainage fees provided for in this chapter are in addition to any other fees which might be levied by the city for new construction of either residential or commercial property. The drainage fees shall be applied only to lands which are subdivided as shown on a tentative or parcel map filed thirty days or more after May 23, 1979, or to developments of real property. As used in this chapter, "developments of real property" refers to any commercial or manufacturing developments or mobile home parks to be located on land not subdivided for residential purposes.

(Ord. 341 §10, 1979).

The drainage facility fee as to any property proposed for subdivision within the city shall not exceed the pro rata share of the amount of the total actual or estimated cost of all facilities within the city which would be assessable on such property if such costs were apportioned uniformly on a per-acre basis.

(Ord. 341 §5, 1979).

The fees provided for in this chapter shall be paid to the city at the time of the approval by the city council of any final subdivision map, or the approval of any development. In the event the fee is not paid when due, no building permits shall be issued for construction of any facilities or structures. In those instances where only a building permit is required, the fee shall be paid when the building permit is issued, and the building permit shall not be issued unless such fees are paid. The fees which are paid shall be deposited into a special fund, to be designated as planned local drainage facilities fund. Moneys from such funds shall be expended solely for the construction or reimbursement for construction of city drainage facilities within the city, or to reimburse the city for the cost of engineering and administrative services to form the area and design and construct the facilities. The city council shall have the option of accepting consideration other than money in lieu of the payment of fees. Consideration other than money shall be of a value at least equal to what the fees would have been.

(Ord. 341 §7, 1979).

After the completion of the drainage facilities, if there be any surplus in the drainage facilities fund, the surplus shall be distributed in the manner provided by Section 66483.1 of the Government Code of California.

(Ord. 341 §8, 1979).

The city shall have the following options:

A.

To collect from the subdivider or developer the acreage fee which is fixed from time to time by resolution. If the city elects to take this option, the subdivider or developer is not obligated to provide any off-site drainage work;

B.

To require the subdivider or developer to do off-site drainage works, in accordance with city specifications and standards, whereby the subdivider or developer would connect the subdivision or development to a natural drain or storm drain, subject to the approval of the city engineer. The cost to the subdivider or developer of installing the off-site drainage works shall be credited against an amount equal to what the acreage fee would have been and if the cost thereof is less than what the acreage fee would have been, the subdivider or developer shall pay to the city the difference between his cost and the acreage fee.

(Ord. 341 §9, 1979).