HomeMy WebLinkAboutOrdinance #1985 ORDINANCE NO. 1985
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY ADDING THERETO NEW CHAPTER 14 . 48 ESTABLISH-
ING DRAINAGE FEES
The City Council of the City of Huntington Beach does
ordain as follows:
SECTION 1. The Huntington Beach Municipal Code is hereby
amended by adding thereto new Chapter 14. 48 entitled, "Drainage,"
to read as follows:
Chapter 14. 48
DRAINAGE
14. 48. 010 Master plan of drainage . Reference is made
to the city' s master plan of drainage which is hereby adopted
pursuant to the Government Code of the state of California,
and more particularly Section 65300 of said Code.
Said drainage plan was determined by the Board of Super-
visors of the county of Orange to be in conformity with the
county drainage plan. A copy of the city' s master plan of
drainage is on file in the city clerk' s office and the same
is made a part hereof as if fully set forth in this chapter.
The city council hereby finds, by adopting the city' s
master plan of drainage, that the subdivision and development
of property within the district area requires the construction
of the facilities as set forth in the master plan of drainage.
The city council hereby finds, by adopting the city' s
master plan of drainage, that the fees as hereinafter set
forth are fairly apportioned within the district area as set
forth in the Government Code of the state of California, and
more particularly, Sections 66483 and 66487 thereof.
14 . 48. 020 Drainage area. The district boundaries of
the drainage areas are hereby declared to be those identified
in the local drainage areas map which is on file in the city
clerk' s office, and the same are made a part hereof as if fully
set forth in this chapter.
All drainage facilities set forth in the master plan
of drainage for the city of Huntington Beach are in addition
to present local drainage facilities serving the drainage areas .
JG: k
1.
14 .48. 030 Drainage fund. There is hereby created a
separate fund which shall be known as the "planned local drain-
age facilities fund. " All moneys collected pursuant to this
chapter shall be deposited in accordance with the Business
and Professions Code of the state of California in said drain-
age fund.
The city shall have the right in lieu of accepting cash,
pursuant to this chapter, to accept other proper and valid
consideration.
14 . 48 .040 Advances from general fund. The city may
advance funds from its general fund to pay the cost of con-
structing drainage facilities within a local drainage area and
may reimburse the general fund for such advances from the
planned local drainage facilities fund for the local drainage
area in which the drainage facilities were constructed.
14 . 48. 050 Drainage fee . There is hereby established
the following drainage fee schedule :
Drainage District Fee Per Gross Acre
2 $ 500
2A 2 ,000
3 1,500
4 Completed 0
5 2,000
5A 2 ,000
5B Completed 0
5C Completed 0
5D Completed 0
6A 2 ,000
6B 2,000
6C 2,000
7A 2 ,800
7B 2 ,000
7C 2,000
7D 2 ,000
7E 3 ,000
7F 2,000
7G 3,000
7H 2 ,000
71 4,000
8A 0
8B 2 ,800
8C 3,500
8D 1,650
8E 0
8F 2,300
2.
Drainage District Fee Per Gross Acre
8G $ 3,500
8H 2,500
9 2,500
10 1,500
11 Completed 0
12 2,000
Said fee shall be collected, deposited and expended pur-
suant to Sections 66483 and 66487 of the Government Code of
the state of California and all other applicable laws of the
state of California.
All necessary drainage fees established by the city shall
be deposited with the city prior to recordation of subdivision
map or issuance of a building permit if a subdivision map is
not required. The subdivider or person to whom a building
permit has been issued may make application for a reimbursement
agreement.
14. 48. 060 Applicability. The provisions of this
chapter shall apply to all subdivisions of land and the develop-
ment of all land within the drainage area unless the fees
were previously paid by prior development .
It shall be the responsibility of the applicant to con-
struct all on-site improvements as may be required by the city,
including all off-site drainage facilities as are required by
the city. The applicant shall be reimbursed by the city for
all required off-site construction, in accordance with Section
14. 48. 070.
14. 48. 070 Conditions governing reimbursements . Not-
withstanding any other provisions of this chapter, the payment of
refunds shall be governed as follows :
(a) Refunds shall be payable for a period of five (5)
years from date of applicant ' s application.
(b ) Refunds shall be made from subsequent development at
the rate per acre developed set forth in Section 14. 48. 050 of
this chapter.
(c) Refunds shall not exceed 90 percent of off-site con-
struction costs .
(d) Refunds shall bear no interest .
(e ) The city shall not be liable for payment of any refund
by reason of its failure to collect or receive from any person
the service fee for connecting into the main line paid for by
applicant .
(f) The city' s refusal to allow any connection or connections
into the main line paid for by applicant shall not make the city
3.
liable to applicant for any refund which might have accrued to
applicant if such connection had been permitted.
(g) The city retains the right to allow a connection by
a public agency exempted from payment of connection fees and
shall not be liable to applicant for refund because of said
connection.
(h) Reimbursement agreements covering the payment of
refunds shall be in writing.
SECTION 2. SEVERABILITY. If any section, subsection,
sentence, clause or phrase of this ordinance is for any reason
held to be unconstitutional or invalid, such decision shall
not affect the validity or constitutionality of the remaining
portions of this ordinance. The city council hereby declares
it would have passed this ordinance and each section, sub-
section, sentence, clause or phrase thereof irrespective of the
fact that one or more of the sections, subsections, sentences,
clauses, or phrases thereof be declared unconstitutional or
invalid.
SECTION 3. This ordinance shall take effect thirty days
after its adoption. The city clerk shall certify to the pas-
sage of this ordinance and cause same to be published within
fifteen days after adoption in the Huntington Beach News, a
weekly newspaper of general circulation, printed and published
in Huntington Beach, California.
PASSED AND ADOPTED by the city council of the city of
Huntington Beach at a regular meeting thereof held on the 2nd
day of June, 1975.
ATTEST. �
Mayor
City Clerk
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
City Administrator Cit Attorne
4 .
Ord. No. 1985
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of member$ of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 19th day of m,,y
19. 75 , and was again read to said City Council at a regular
meeting thereof held on the 2nd day of June 19 75 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Wiede_r. Bartlett Ma n ,SlShip1_ey. Duke. Gibbs
NOES: Councilmen:
None
ABSENT: Councilmen:
Coen
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
1, Alicia M. Wp-nhworrh ': ' r_r, it ,: gl : (`i of
Hu l . Loll _.. o '< i
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Deput ity.Clerk