Fontana Municipal Code Art. III Area Flood Control Plans and Flood Control Fees

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Cross reference— Subdivisions, ch. 26; storm drainage acreage fees, § 26-256 et seq.

The intent of this article is to require the payment of flood control fees for most new construction that drains or will drain into the flood control facilities contained within an adopted area flood control plan. Such fees shall be paid prior to the issuance of building permits, grading permits or other city approvals, for the purposes of defraying the actual or estimated costs of constructing planned flood control facilities. The authority for this article is derived from the power granted to local governments by the constitution of the state to preserve the public health, safety and general welfare. The provisions of this article shall be applied only to property which will drain into the flood control facilities described in the area flood control plans that have been adopted by the city council, and shall have no force or effect in any other portion of the city. The rules, regulations, fees and plan areas are contained in the associated texts of each area flood control plan.

(Code 1968, § 37-1)

(a) The city council, in adopting an area flood control plan, shall find and determine that development or redevelopment of the property in the vicinity of the plan area will require the construction of the facilities described in the area flood control plan and that the flood control fees are fairly apportioned among the property that will utilize the area flood control plan facilities.

(b) The flood control fees shall be fairly apportioned based on one or more of the following:

(1) On the basis of benefits conferred on property proposed to be developed or redeveloped;

(2) On the need for flood control facilities created by such development and the development of other property in the drainage area; or

(3) On the basis of the proportionate stormwater runoff from each parcel.

(c) The city council shall adopt or amend an area flood control plan by resolution. The resolution shall do all of the following:

(1) Identify the purpose of the fee.

(2) Identify the use to which the fee is to be put. If the use is financing public facilities, then the facilities shall be identified. The facilities may be identified by reference to any public document which identifies the facilities for which the fee is charged.

(3) Contain a finding that there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed.

(4) Contain a finding that there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed.

(5) Contain a finding that there is a reasonable relationship between the amount of the fees and the cost of the flood control facilities, or portion thereof, attributable to the development on which the fee is imposed.

(d) Area flood control plans and the flood control fees may be adopted by the city council, and thereafter amended at any time, only after holding a public hearing. The requirements of Government Code § 66004 shall be followed prior to holding a public hearing establishing or modifying a fee for an area flood control plan.

(Code 1968, § 37-2)

(a) Except as otherwise provided in section 12-75, whenever a building permit, grading permit or other city approval in connection with new construction is requested for property which drains or will drain into the facilities contained within an area flood control plan, the specified flood control fee shall be deposited to the appropriate planned flood control facilities fund. Any interest income earned by the money in the fund shall also be deposited in the fund. The amount of the flood control fee shall be specified within the schedule of fees for each area flood control plan. The fee required under this section shall be due as provided for in article V of chapter 21 of this Code.

(b) Flood control fees required by this article shall be paid to the city and deposited into a planned flood control facilities fund. A separate fund shall be established for each area flood control plan. Monies in such funds shall be expended solely for the construction and reimbursement for the construction of flood control facilities, including, without limitation, related administration expenses, within the area from which the fees comprising the funds were collected, and to reimburse the city for the cost of engineering, right-of-way acquisition and administrative services required to design and construct facilities within the area flood control plan.

(Code 1968, § 37-3; Ord. No. 1237, § 5, 2-3-98)

(a) Fees assessed under this article at the time of the issuance of a building permit, grading permit or other city approval related to new construction shall be based upon the total area of the parcel, provided the parcel has an area of less than one acre.

(b) Fees assessed at the time of the issuance of a building permit, grading permit or other city approval related to new construction on a parcel which has an area of one acre or more shall be based on the area of the developed portion of the parcel or one acre, whichever is greater. As used in this section, the phrase "area of developed portion of the parcel" means the sum of the following two areas:

(1) The area of that portion of the parcel lying within a single rectangle which encloses all improvements, landscaped areas, storage areas and parking areas; and

(2) The area of that portion of the parcel lying within a single rectangle which encloses all improvements related to the required access for the parcel. This second rectangle shall not include any area contained in the rectangle described in subsection (b)(1) of this section.

(c) The amount of fees assessed and the area on which the fee is based shall be calculated by the city engineer. The city engineer may require an applicant to submit all information necessary to calculate the fees.

(Code 1968, § 37-4)

Pursuant to article VI of chapter 21 of this code, the city may allow partial or complete satisfaction of all fees required by this section through execution of an agreement requiring the construction of public improvements and/or dedication of property.

(Ord. No. 1236, § 5, 2-3-98)

(a) Advancement of money by developer.

(1) When required for the implementation of an adopted area flood control plan, an agreement may be entered into between a developer and the city whereby the developer may advance money, in addition to those fees which the developer is required to pay pursuant to this article, for the construction of facilities or design of such facilities within an area flood control plan. Subject to the restrictions in subsection (a)(2) of this section, the sole security to the developer for repayment of money or other consideration advanced shall be money subsequently collected from other developers or owners of property upon the issuance of building permits, grading permits or other city approvals concerning property that drains or will drain into the flood control facilities contained within an adopted area flood control plan and deposited in the appropriate planned flood control facilities fund. Reimbursement shall be for the amount agreed upon in advance only and shall not include interest or other charges. The agreement shall expire 15 years after the date it was entered into, and any money paid into the fund thereafter shall accrue to the fund without obligation to a developer whose agreement has expired.

(2) The city may designate that up to 25 percent of the funds collected from building permits, grading permits or other city approvals in the area subject to the area flood control plan be utilized for reimbursement for any agreement entered into pursuant to subsection (a)(1) of this section. Other than the amount so designated by the city, planned flood control facilities funds shall not be used as reimbursement for any agreements authorized by subsection (a)(1).

(b) Alternative consideration. An agreement may be entered into between a developer and the city whereby other consideration may be given to and accepted by the city in lieu of part or all of the payment of flood control fees, including but not limited to the dedication of rights-of-way, actual construction, or design work by a civil engineer. Prior to approving such an agreement, the city council shall find that the alternative consideration is acceptable and is equal to or greater in value than the required fee.

(c) Exemptions. Flood control fees shall not be required for:

(1) Minor alterations and repairs having a cost less than 20 percent of the value of the existing improvement being altered or repaired.

(2) Reconstruction in the event of a disaster.

(3) An addition to a single-family residence when the addition does not exceed 650 square feet in area.

(4) Construction related to existing residential construction or construction of garages, carports, storage buildings, patio covers, swimming pools, spas, boundary or decorative fences, television microwave towers, amateur radio devices or earth stations and the like; provided such improvements do not exceed 650 square feet in area.

(5) Existing structures built prior to the effective date of the ordinance codified in this article.

(d) Credit for previous payment. If a flood control fee for a parcel or portion thereof has been previously paid, credit shall be given for such prior payment toward any fee payment required by this article.

(e) Property subject to other assessments. The provisions of this article shall not be applicable to property subject to other assessments for the same flood control facilities.

(Code 1968, § 37-5; Ord. No. 1236, § 5, 2-3-98)

(a) After completion of facilities and the payment of all claims from any planned flood control facilities fund, the city council shall determine by resolution or other legislative action the amount of the surplus, if any, remaining in any of these funds. Any surplus shall be used, in those amounts as the city 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 the transfer shall not exceed five percent of the total amount expended from the particular fund, and provided that the funds transferred are used to support the operation and maintenance of those facilities for which the fees were collected.

(2) For the construction of additional or modified facilities within the same area flood control plan.

(3) As a refund in the manner provided in subsection (b) of this section.

(b) Any surplus remaining after the city has either expended the amounts authorized in subsection (a)(1) and (2) of this section, or has decided not to make such expenditures, 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 under the area flood control plan;

(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 such individual lot bears to the total area of the property for which a fee was previously collected; and

(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 that the owners entitled thereto were sent notice to such entitlement. Notice shall be deemed complete upon the mailing of a certified letter to the current owner of the property, as shown on the most recent tax assessor's rolls.

(c) Subject to the provisions of subsections (a) and (b) of this section, commencing on the fifth year after imposition of a flood control fee for an area flood control plan and annually thereafter, the city council shall hold a hearing and make findings with respect to any portion of the fee remaining unexpended or uncommitted in its account for five or more years after deposit of the fee. If the city council is unable to demonstrate a reasonable relationship between the need for the fee and the purpose for which it was charged, the city shall refund to the then owners of lots or units in development projects within the area flood control plan on a pro rata basis any such unexpended or uncommitted fees plus interest accrued thereon. When applicable, refunds shall be made in accordance with Government Code § 66001.

(Code 1968, § 37-6; Ord. No. 1236, § 5, 2-3-98)

The flood control fees established by this article are exclusive of those storm drainage acreage fees established by chapter 26, article V.

(Code 1968, § 37-7; Ord. No. 1236, § 5, 2-3-98)