Lancaster Municipal Code Art. II Construction of Planned Local Drainage Facilities

Whenever any of the following terms are used, they shall be construed to have the following meaning ascribed to them:

"Dwelling unit" means "dwelling unit" as defined in Title 17.

"Impervious area" means all surfaces, projected on a horizontal plane, on the property to be improved which will not permit the free flow of rainwater to the subsurface soils. Impervious area does not include any publicly dedicated streets.

"Master plan of drainage" means the city revised plan of drainage dated October 1992, as may be amended from time to time, adopted by city council on November 16, 1992.

"Planned drainage facilities" means the drainage system described in the adopted master plan of drainage and shown on the map included therein.

"Subdivision" means "subdivision" as defined in Subdivision Map Act.

Zone, Commercial. "Commercial zone" means those properties shown as GC, SRC, RC, OP on the adopted general plan map of the city.

Zone, Industrial. "Industrial zone" means those properties shown as BP, LI, MI, HI on the adopted general plan map of the city.

Zone, Multifamily. "Multifamily zone" means those properties shown as MR1 and MR2, as shown on the adopted general plan map of the city.

Zone, Residential. "Residential zone" means those properties shown as NU1, NU2, NU3, NU4, UR1, UR2 and UR3 on the adopted general plan map of the city.

(Prior code § 5-3.4)

The city declares its intent to construct the planned drainage facilities described in the master plan of drainage and to collect drainage fees to defray the cost of the planned drainage facilities.

(Prior code § 5-3.5)

Existing developed properties are not subject to payment of drainage fees established by the ordinance codified in this chapter unless additional dwelling units are constructed on the property in residential and multifamily zones or impervious area is added to commercial or industrial zoned property.

(Prior code § 5-3.6)

A. The city council finds that the subdivision and the development of property within each local area will require the construction of planned drainage facilities and that the fees are fairly apportioned within the drainage area based on the need for such facilities created by the proposed subdivision and development of other property within such area.

B. The city council finds that there is presently a county-wide general drainage plan affecting the city, and that the master plan of drainage is in conformity with the county-wide general drainage plan.

C. The city council finds that the fee to any property proposed for subdivision within the drainage area does not exceed the pro rata share of the amount of the total estimated costs of all planned drainage facilities within such drainage area adjusted annually which would be assessable on such property if such costs were apportioned uniformly on a per acre basis.

D. The city council finds that the planned drainage facilities are in addition to existing facilities serving the drainage area.

(Prior code § 5-3.7)

At the time of tentative map or parcel map approval for any subdivisions within the drainage area, there shall be a condition imposed that the developer shall pay to the city, prior to issuance of a building permit, the drainage fees established by the ordinance codified in this chapter for the drainage area.

(Prior code § 5-3.8)

The city shall, by resolution, from time to time designate the amount of the fees necessary to be collected by the department of building and engineering services when permits are issued for any building permit. Said fees shall be collected prior to issuance of any building permit.

(Prior code § 5-3.9)

Pursuant to Sections 66485, 66486 and 66488 of the Subdivision Map Act, funds in the planned drainage facilities fund may be used for reimbursement to subdividers for the cost of construction of storm drainage facilities of supplemental size, capacity, number or length for benefit of property not within the subdivision.

(Prior code § 5-3.10)

Owners of every subdivision proposed to be developed, sold, leased or financed shall as a condition of final map or parcel map approval dedicate or transfer to the city for storm drain purposes sufficient rights-of-way or property upon the property proposed for subdivision to construct and maintain the planned drainage facilities. Owners of every lot for which a building permit is issued shall dedicate or transfer to the city sufficient rights-of-way or property upon the property to be developed to construct and maintain the planned drainage facilities.

(Prior code § 5-3.11)

In order to provide for maintenance of the planned drainage facilities the owner(s) of any proposed subdivision or development project who is (are) required to pay the drainage fees established by the ordinance codified in this chapter shall also be required to annex the area of the proposed subdivision or development project into the Lancaster drainage benefit assessment district and pay all required fees and charges to annex the property proposed to be developed.

(Prior code § 5-3.12)

A. All property used exclusively for religious or charitable purposes is exempt from drainage maintenance benefit assessments levied by the city if:

1. The owner is not organized or operated for profit;

2. No part of the net earnings of the owner inures to the benefit of any private shareholder or individual;

3. The property is used for the actual operation of the religious or charitable activity and does not exceed the amount of property reasonably necessary to the accomplishment of the exempt purposes.

B. For purposes of this section, whether property is used exclusively for religious or charitable purposes shall be determined in accordance with the provisions of Revenue and Taxation Code Section 214 et seq.

(Ord. 739 § 1, 1998)

* Editor's note: There were two ordinances passed as Ordinance 739. Ordinance 739 passed on January 27, 1998 is codified in this section.