Chapter 7.14 — FEES IN LIEU OF DEDICATION OR IMPROVEMENT

Local park fees shall be paid as required by Section 7.36.050. (Added by Ord. 95-03, 2/14/95)

• (a) The City Council may, from time to time after a public hearing and written notice to the owners of property therein, adopt master plans of drainage for various areas of the City. Such plans shall contain an estimate of the total costs of constructing the local drainage facilities required by the plan and a map of the area showing its boundaries and the location of the planned facilities.

• (b) Upon filing of a final tract or parcel map and as a condition of approval of said final tract or parcel map, a drainage fee shall be paid to the Director for deposit in a local drainage facilities fund in the amount set forth in the legislative action adopting and establishing a master plan of drainage, if any, within which any portions of the subdivision may lie. Such charges and fees collected as a condition of subdivision approval shall hereinafter be referred to as drainage fees. In the event local drainage facilities are being constructed by the subdivider in conjunction with the subdivider's improvements, an agreement to construct local drainage facilities may be accepted in lieu of part or all payment of drainage fees.

• (c) The funds derived from the drainage fees shall be used for purposes of defraying the cost of designing and constructing planned local drainage facilities for the removal of surface and storm waters from the local drainage area described in such master plan of drainage.

• (d) The City Council, in adopting a master plan of drainage, shall find and determine that the subdivision and development of property will require construction of the facilities described in said master plan and that the drainage fees are fairly apportioned within the local drainage area, both on the basis of benefits conferred on property proposed for subdivision and on the need for local drainage facilities within such area which would be assessable on such property if such costs were apportioned uniformly on a per-acre basis.

• (e) The fee as to any property proposed for subdivision within an area covered by a master plan of drainage shall not exceed the pro rata share of the amount of the total estimated cost of all facilities within such area which would be assessable on such property if such costs were apportioned uniformly on a per-acre basis.

• (f) Drainage fees required by this Section shall be paid into a local drainage facilities fund. A separate fund shall be established within each local drainage area. Moneys in such funds shall be expended for engineering and administrative services to obtain construction and on engineering and administrative services to obtain design of local drainage facilities by a duly registered civil engineer of those local drainage facilities within the planned local drainage area from which the fees comprising the fund were collected.

• (g) At the discretion of the City Council, rights-of-way dedication, actual construction and design by a duly registered civil engineer, and payment of plan check, engineering and inspection fees for the improvement of local drainage facilities described in a duly adopted

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City of Dana Point, CA § 7.14.015

SUBDIVISIONS

• (h) Moneys may be advanced by the City from its General Fund or other sources to pay the cost of local drainage facilities within a local drainage area having a duly adopted master plan of drainage, and subsequently such moneys advanced may be reimbursed from the local drainage facilities fund for the local drainage area in which the drainage facilities described in the master plan were constructed.

• (i) When required for the implementation of a duly adopted master plan of drainage so as to provide adequate drainage for a subdivision, an agreement may be entered into between the subdivider and City whereby the subdivider may advance funds for local drainage 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 a local drainage facilities fund for said local drainage area in which the facilities are constructed. Reimbursement shall be for the amount advanced only and shall not include interest or other charges.

• (j) After completion of the facilities and the payment of all claims from any planned local drainage facilities fund, the City Council shall determine by resolution the amount of surplus, if any, remaining in any of such funds. Any such surplus shall be used, in such amounts as the Council may determine, for one or more of the following purposes:

  • (1) For transfer to the General Fund of the City, provided that the amount of such transfer shall not exceed 5% of the total amount expended from the particular fund;

  • (2) For the construction of additional or modified facilities within the particular drainage or sanitary sewer area; or

  • (3) As a refund in the manner provided in Subsection (k) of this Section.

• (k) Any surplus remaining in a planned local drainage facilities fund shall be refunded as follows:

  • (1) There shall be refunded to the current owners of property for which a fee was previously collected the balance of such moneys in the same proportion which each individual fee collected bears to the total of all individual fees collected from the particular drainage or sewer area.

  • (2) Where property for which a fee was previously collected has subsequently been subdivided into more than one lot, each current owner of a lot shall share in the refund payable to the owners of the property for which a fee was previously collected in the same proportion which the area of each individual lot bears to the total area of the property for which a fee was previously collected.

  • (3) There shall be transferred to the General Fund of the City any remaining portion of the surplus which has not been paid to or claimed by the persons entitled thereto within two years from the date either of the completion of the improvements or the adoption by the City Council of a resolution declaring a surplus, whichever is later to occur.

(Added by Ord. 95-03, 2/14/95)

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City of Dana Point, CA

SUBDIVISIONS

§ 7.18.010

§ 7.18.020

CHAPTER 7.18

MAJOR THOROUGHFARE AND BRIDGE FEES

Prior ordinance history: Ord. 89-8.