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44 ORDINANCE NO. 44 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RESCINDING ORDINANCE NO. 11 AND PROVIDING FOR THE PAYMENT OF CERTAIN CAPITAL IMPROVEMENT FUND FEES, DEDICATIONS OF LAND FOR PUBLIC RIGHTS-OF-WAY, UTILITIES, PARK PURPOSES, AND INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS. WHEREAS, the City Council of the City of Grand Terrace has determined that there is a need to rescind and replace the existing Ordinance No. 11 ; and WHEREAS, the City Council has additionally determined that there is a need to provide for the payment of capital improvement fund fees, the possible dedication of land for public riqhts-of-way, utilities, park pur- poses, and the possible installation of certain public improvements, and some modifications may occur; NOW, THEREFORE, the City Council of the City of Grand Terrace DOES ORDAIN AS FOLLOWS: SECTION 1 . Rescission. Ordinance No. 11 is hereby rescinded in its entirety. SECTION 2. New Residential Construction. Any person, firm, association, or corporation desiring or intending to build or construct a new single or multiple family residential buildinq or structure which requires a building permit or permits shall file with the City Engineer certain plans and offers of dedication, and shall pay certain applicable fees , as set by resolution, prior to issuance of the building permit. These plans and the various fees are stated herein with amount as stated in the Resolution adopted by the City Council : A. Plans and documents which may be required: 1 . Title Report; 2. Plot Plan; 3. Grading Plan ; 4. Street Improvement Plans and Drainage Plans; 5. Plans for Extension of Utilities, if such extension may be required; 6. Certificate of Survey; B. Offers of Dedication to be submitted as may be required: 1 . A Grant Deed to the City for dedicating for street purposes in accordance with the adopted circulation element of the General Plan; 2. A Grant of Easement for the purpose of constructing, maintaining and operating, and replacing of public utilities as may be required by the City; 3. A Grant Deed to the City for dedication of land for public park purposes or in lieu payment to the Park Capital Improvement Fund, in accordance with the formula specified in the Resolution; C. Prior to issuance of Building Permit: 1 . The plans and documents enumerated in subsection A above shall be approved and the public improvements to include curb, gutter, sidewalk, paving, storm drains, water system, sewer system, street lighting, site fire protection accessibility, and other utilities which may be required shall be constructed by owner's properly licensed con- tractor or construction thereof secured with a deposit, the amount to be determined by the City Engineer, securing the installation of those improvements by the applicant prior to occupancy permit. No occupancy permit shall be issued until the required improvements have been installed and accepted by the City; 2. The utilities, when requiring extensions to serve any parcel to be developed, shall be constructed by the owner's licensed contractor. Contractor performing such extensions shall be properly licensed by the State Board for the type of work he is proposing to perform, shall deliver to the City a Certificate of Insurance indicating that he is fully covered as required by law; 3. The parcels shall be deemed served by City sewer if the distance in feet from the closest property line to the facility to be extended shall be 200 times number of lots to be developed; 4. Reimbursement agreements for extension of public utilities benefiting other parcels may be entered into between the owner and the City or other utility companies; 5. City of Grand Terrace or any of its employees shall be prohibited from construction or participating in the construction of utilities for private developer unless -2- specifically directed to do so by the City Council of the City of Grand Terrace. The costs of such construction, if directed by the City Council , shall be direct labor, material , and equipment costs plus overhead. The esti- mate of such construction shall be prepared by the City Engineer, and a deposit shall be made by the applicant with the City Finance Officer. Upon completion of the work, any additional costs incurred by the City shall be paid by the applicant. Any unused portion of the deposit shall be refunded to the applicant. D. Prior to issuing of a Building Permit, the applicant, in addi- tion to the requirements set forth above, shall be required to pay such fees for the purposes described herein and in a specific amount set forth in a resolution: 1 . Sewer Capital Improvement and Maintenance Funds a. For the purpose of local portion of the cost of expanding the existing sewage treatment plant and/or purchase of additional sewage treatment plant capacity and future construction of sewer system and sewage treatment plant facilities. The funds so collected shall be placed in a special Sewer Capital Improvement and Maintenance Fund and shall be used exclusively for costs associated with the sanitary sewer service; 2. Street Capital Improvement and Maintenance Funds: a. For the purpose of capital improvements of arterial and collector streets throughout the City, The funds so collected shall be set aside to supplement gas tax revenues and other revenues which may be budgeted and made available by the City Council for that purpose; b. For the purpose of maintenance and operation of the local roads to supplement the gas tax revenues or other revenues which may be budgeted and made available by the City Council for that purpose; 3. Park Capital Improvement and Maintenance Fund: For the purpose of purchasing the land and developing and maintaining the City park system. The City Council shall have the option to request dedication of land for park purposes or, in lieu thereof, request that the appli- cant pay a fee in accordance with the Resolution setting said fees; -3- 4. Storm Drain Capital Improvement and Maintenance Fund: For the purpose of developing a storm drain master plan and a storm drain system in accordance with said master plan. Said fees shall be established by a resolution and shall be placed in a fund exclusively for the use speci- fied herein ; 5. Plan checking fees shall be established by resolution of the City Council , and shall be used for the purpose of offsetting administrative and engineering costs for processing the improvement plans; E. The requirements provided for herein shall be reviewed by the City Engineer at the time application is submitted to the City. The City Engineer may, in his best judgment, determine the applicability of any and all requirements enumerated herein, and may require any or all or a portion thereof of said requirements. IN THE EVENT THAT THE APPLICANT DISAGREES WITH THE DETERMINATION OF THE CITY ENGINEER, APPLICANT MAY APPEAL, IN WRITING, TO THE CITY COUNCIL, PROVIDED THAT SAID APPEAL IS FILED WITH THE CITY CLERK WITHIN THIRTY (30) CALENDAR DAYS AFTER NOTIFICATION TO APPLICANT BY THE CITY ENGINEER OF HIS DETERMINATIONS. THE DECISION OF THE CITY COUNCIL SHALL BE FINAL. SECTION 3. Residential--Additions. Any person , firm, association, or corporation desiring or in en ing o ui d or construct an addition to a single or multiple family residential building or structure which requires a building permit or permits shall file with the City Engineer certain plans and offers of dedication and shall pay certain applicable fees , as set -by resolu- tion, prior to issuance of the building permit. These plans and the various fees are stated herein with amount as stated in the Resolution adopted by the City Council : A. Plans and documents which may be required: 1 . Title Report; 2. Plot Plan; 3. Grading Plan; 4. Street Improvement Plans and Drainage Plans; 5. Plans for Extension of Utilities, if such extension may be required; 6. Certificate of Survey; -4- B. Offers of Dedication to be submitted as may be required: 1 . A Grant Deed to the City for dedicating for street purposes in accordance with the adopted circulation element of the General Plan; 2. A Grant of Easement for the purpose of constructing, maintaining and operating, and replacing of public utilities as may be required by the City; C. The requirement provided for herein should be reviewed by the City Engineer at the time application is submitted to the City. The City Engineer may, in his best judgment, determine the applicability of any requirements enumerated herein, and may require any and all of a portion of said requirements. D. For the purposes of this Section , residential additions should not include remodeling , reroofing, painting, other alterations, or normal or other similar maintenance projects. However, in the event that any additions to residential structures result in new or additional dwelling units, then the provisions of Section 2 herein above shall apply to such new and/or additional dwelling units. SECTION 4. New Commercial or Industrial . Any person, firm, association , or corporation desiring or intending to build or construct a new commercial or industrial building or structure which requires a building permit or permits shall file with the City Engineer certain plans and offers of dedication and shall pay certain applicable fees, as set by resolution, prior to issuance of building permit. These plans and the various fees are stated herein with amounts as stated by the Resolution adopted by City Council : A. Plans and documents which may be required: 1 . Title Report; 2. Plot Plan; 3. Grading Plan; 4. Street Improvement Plans and Drainage Plans ; 5. Plans for Extension of Utilities, if such extension may be required; 6. Certificate of Survey; B. Offers of Dedication to be submitted as may be required: 1 . A Grant Deed to the City for dedicating for street purposes in accordance with the adopted circulation element of the General Plan; -5- 2. A Grant of Easement for the purpose of constructing, maintaining and operating, and replacing of public utilities as may be required by the City; 3. A Grant Deed to the City for dedication of land for public park purposes or in lieu payment to the Park Capital Improvement Fund, in accordance with the formula specified in the Resolution; C. Prior to issuance of Building Permit: 1 . The plans and documents enumerated in Subsection A above shall be approved and the public improvements to include curb, gutter, sidewalk, paving, storm drains, water system, sewer system, street lighting, site fire protection accessi- bility, and other utilities which may be required shall be constructed by owner's properly licensed contractor or con- struction thereof secured with a deposit, the amount to be determined by the City Engineer, securing the installation of those improvements by the applicant prior to occupancy permit. No occupancy permit shall be issued until the required improvements have been installed and accepted by the City; 2. The utilities, when requiring extensions to serve any parcel to be developed, shall be constructed by the owner's licensed contractor. Contractor performing such extensions shall be properly licensed by the State Board for the type of work he is proposing to perform and shall deliver to the City a Certificate of Insurance indicating that he is fully covered as required by law; 3. The parcels shall be deemed served by City sewer if the distance in feet from the closest property line to the facility to be extended shall be 200 times number of lots to be developed; 4. Reimbursement agreements for extension of public utilities benefiting other parcels may be entered into between the owner and the City or other utility companies. 5. City of Grand Terrace or any of its employees shall be prohibited from construction or participating in the construction of utilities for private developer unless specifically directed to do so by the City Council of the City of Grand Terrace. The costs of such construction, if directed by the City Council , shall be direct labor, material , and equipment costs plus overhead. The estimate of such construction shall be prepared by the City Engineer and a deposit shall be made by the applicant with the City Finance Officer. Upon completion of the work, any additional -6- costs incurred by the City shall be paid by the appli- cant. Any unused portion of the deposit shall be refunded to the applicant. D. Prior to issuing of a Building Permit, the applicant, in addi- tion to the requirements set forth above, shall be required to pay such fees for the purposes described herein and in a specific amount set forth in a resolution: 1 . Sewer Capital Improvement and Maintenance Fund: a. For the purpose of local portion of the cost of expanding the existing sewage treatment plant and/or purchase of additional sewage treatment plant capacity and future construction of sewer system and sewage treatment plant facilities. The funds so collected shall be placed in a special Sewer Capital Improvement and Maintenance Fund and shall be used exclusively for costs associated with the sanitary sewer service; 2. Street Capital Improvement and Maintenance Funds: a. For the purpose of capital improvements of arterial and collector streets throughout the City. The funds so collected shall be set aside to supplement gas tax revenues and other revenues which may be budgeted and made available by the City Council for that purpose; b. For the purpose of maintenance and operation of the local roads to supplement the gas tax revenues or other revenues which may be budgeted and made avail - able by the City Council for that purpose; 3. Park Capital Improvement and Maintenance Fund: For the purpose of purchasing the land and developing and maintaining the City park system. The City Council shall have the option to request dedication of land for park purposes or, in lieu thereof, request that the applicant pay a fee in accordance with the resolution setting said fees; 4. Storm Drain Capital Improvement and Maintenance Fund: For the purpose of developing a storm drain master plan and a storm drain system in accordance with said master plan. Said fees shall be established by a resolution and shall be placed in a fund exclusively for the use specified herein; -7- 5. Plan checking fees shall be established by resolution of the City Council and shall be used for the purpose of offsetting administrative and engineering costs for processing the improvement plans. E. The requirements provided for herein shall be reviewed by the City Engineer at the time application is submitted to the City. The City Engineer may, in his best judgment, determine the applicability of any and all requirements enumerated herein, and may require any or all or a portion thereof of said re- quirements. IN THE EVENT THAT THE APPLICANT DISAGREES WITH THE DETERMINATION OF THE CITY ENGINEER, APPLICANT MAY APPEAL, IN WRITING, TO THE CITY COUNCIL, PROVIDED THAT SAID APPEAL IS FILED WITH THE CITY CLERK WITHIN THIRTY (30) DAYS AFTER NOTIFICATION TO APPLICANT BY THE CITY ENGINEER OF HIS DE- TERMINATIONS. THE DECISION OF THE CITY COUNCIL SHALL BE FINAL. SECTION 5. Commercial or Industrial--Additions. Any person, firm, association, or corporation desiring or intending to build or construct an addition to commercial or industrial building or structure consisting of 650 square feet or more which requires a building permit or permits shall file with the City Engineer certain plans and offers of dedication and shall pay certain applicable fees , as set by resolution, prior to issuance of the building permit. These plans and the various fees are stated herein with amount as stated in the Resolution adopted by the City Council : A. Plans and documents which may be required: 1 . Plat Plan; 2. Grading Plan; 3. Street Improvement Plans and Drainage Plans; 4. Plans for Extension of Utilities, if such extension may be required; 5. Certificate of Survey; B. Offers of Dedication to be submitted as may be required: 1 . A Grant Deed to the City for dedicating for street purposes in accordance with the adopted circulation element of the General Plan; 2. A Grant of Easement for the purpose of constructing, maintaining and operating, and replacing of public utilities as may be required by the City; 3. A Grant Deed to the City for dedication of land for public park purposes or in lieu payment to the Park Capital Improvement Fund in accordance with the formula specified in the Resolution; -8- C. Prior to issuance of Building Permit: 1. The plans and documents enumerated in Subsection A above shall be approved and the public improvements to include curb , gutter, sidewalk , paving , storm drains , water system, sewer system, street lighting and other utilities which may be required shall be constructed by owner's properly licensed contractor or construction thereof secured with a deposit, the amount to be determined by the City Engineer, securing the installation of those improvements by the applicant prior to occupancy permit. No occupancy permit shall be issued until the required improvements have been installed and accepted by the City ; 2. The utilities , when requiring extensions to serve any parcel to be developed, shall be constructed by the owner's licensed contractor. Contractor performing such extensions shall be properly licensed by the State Board for the type of work he is proposing to perform, shall deliver to the City certificate of insurance indicating that he is fully covered as required by law; 3. Reimbursement agreements for extension of public utilities benefiting other parcels may be entered into between the owner and the City or other utility companies . 4. City of Grand Terrace or any of its employees shall be pro- hibited from construction or participating in the construction of utilities for private developer unless specifically directed to do so by the City Council of the City of Grand Terrace. The costs of such construction , if directed by the City Council , shall be direct labor, material , and equip- ment costs plus overhead. The estimate of such construction shall be prepared by the City Engineer and a deposit shall be made by the applicant with the City Finance Officer. Upon completion of the work , any additional costs incurred by the City shall be paid by the applicant. Any unused portion of the deposit shall be refunded to the applicant. D. Prior to issuing of a Building Permit, the applicant, in addition to the requirements set forth above, shall be required to pay such fees for the purposes described herein and in a specific amount set forth in a resolution: 1. Sewer Capital Improvement and Maintenance Fund: -9- a. For the purpose of local portion of the cost of expanding the existing sewage treatment plant and/or purchase of additional sewage treatment plant capacity and future construction of sewer system and sewage treatment plant facilities. The funds so collected shall be placed in a special Sewer Capital Improvement and Maintenance Fund and shall be used exclusively for costs associated with the sanitary sewer service; 2. Street Capital Improvement and Maintenance Funds: a. For the purpose of capital improvements of arterial and collector streets throughout the City. The funds so collected shall be set aside to supplement gas tax revenues and other revenues which may be budgeted and made available by the City Council for that purpose; b. For the purpose of maintenance and operation of the local roads to supplement the gas tax revenues or other revenues which may be budgeted and made available by the City Council for that purpose; 3. Park Capital Improvement and Maintenance Fund: For the purpose of purchasing the land, developing and maintaining the City park system. The City Council shall have the option to request dedication of land for park purposes or, in lieu thereof, request that the appli- cant pay a fee in accordance with the Resolution setting said fees; 4. Storm Drain Capital Improvement and Maintenance Fund: For the purpose of developing a storm drain master plan and a storm drain system in accordance with said master plan. Said fees shall be established by a resolution and shall be placed in a fund exclusively for the use specified herein; S. Plan check ino fees shall be established by resolution of the City Council and shall be used for the purpose of offsetting administrative and engineering costs for processing the improvement plans. E. The requirements provided for herein shall be reviewed by the City Engineer at the time application is submitted to the City. City Engineer may, in his best judgment, determine the appli- cability of any and all requirements enumerated herein, and may require any or all or a portion thereof of said requirements. -10- IN THE EVENT THAT THE APPLICANT DISAGREES WITH THE DETERMINA- TION OF THE CITY ENGINEER, APPLICANT MAY APPEAL, IN WRITING, TO THE CITY COUNCIL, PROVIDED THAT SAID APPEAL IS FILED WITH THE CITY CLERK WITHIN THIRTY (30) DAYS AFTER NOTIFICATION TO APPLICANT BY THE CITY ENGINEER OF HIS DETERMINATIONS. THE DECISION OF THE CITY COUNCIL SHALL BE FINAL. SECTION 6. Determination of Use. For the purposes of this Ordinance, the determination as to whether a structure is single family residential , multiple family residential , commercial , or industrial shall be made by the City Engineer. Any structure which is used for more than one of these uses shall be deemed to be of that use determined to be most appropriate by the City Engineer. SECTION 7. APPEALS. IN THE EVENT THAT THE APPLICANT DISAGREES WITH ANY OR ALL OF THE DETERMINATION OF THE CITY ENGINEER AS PROVIDED FOR IN SECTIONS 2, 4, OR 5 AND HEREIN, APPLICANT MAY APPEAL, IN WRITING, TO THE CITY COUNCIL, PROVIDED THAT SAID APPEAL IS FILED WITH THE CITY CLERK WITHIN THIRTY (30) CALENDAR DAYS OF NOTIFICATION TO APPLICANT BY THE CITY ENGINEER OF SAID DETERMINATIONS. THE CITY CLERK SHALL, UPON RECEIPT OF SAID WRITTEN APPEAL, SET THE MATTER ON THE CITY COUNCIL AGENDA NOT SOONER THAN THIRTY (30) CALENDAR DAYS FROM FILING OF SAID APPEAL. THE DECISION OF THE CITY COUNCIL SHALL BE FINAL. SECTION 8. Partial Improvement. Notwithstanding any of the above provisions, the owner of a parcel may request, in writing, to pay only a portion of the capital improvement fund fees and install only a portion of the required improvements along the frontage of said parcel , in the event said parcel , based on zoning, has the potential or further resubdivision of further substantial development. Such request shall be presented, in writing, to the City Engineer, who shall then transmit such request, along with his recommendations, to the City Council for their consideration. SECTION 9. Waiver by City Council . The City Council may waive any or all of the provisions provided for herein. SECTION 10. Violation - A Misdemeanor. It shall be unlawful for any person, firm, association, or corporation to build or construct any building or structure or any additions or alterations without complying with the pro- visions of this Ordinance; and any person, firm, association, or corporation who violates any of the provisions of this Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to punishment pursuant to Government Code 36900 and 36901 . Any of the above-named persons shall be deemed guilty of a separate offense for each and every day during which any violation of this Ordinance is committed, conducted, or permitted by any of the above-named persons. SECTION 11 . Loss of Utilities for Violation. Any of the above- named persons who violate any of the provisions of this Ordinance shall not be entitled to the installation of any public utilities , such as water and sewer connections or any other public utilities over which the City has jurisdiction, until such time as said persons have complied with this Ordinance. -11 - SECTION 12. Additional Remedies. In addition to the remedies and penalties as hereinabove provided, the City shall have the right to bring a civil action for an injunction or other relief against such person or persons who have violated the provisions of this Ordinance. The remedies and penalties provided herein shall be cumulative and not exclusive. SECTION 13. Separability. In the event that any provision of this Ordinance is determined to be invalid by a Court of competent juris- diction, the remaining sections shall remain in full force and effect. SECTION 14. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. SECTION 15. Posting. The City Clerk shall cause this Ordinance to be posted in three (3 public places designated for such purpose by the City Council . SECTION 16. First read at a regular meeting of the City Council of said City held on the 15th day of January, 1981 , and finally adopted and ordered posted at a regular meeting of said City Council on the 5th day of February 1981 . or of the and Terrace and of the it Council thereof. ATTEST: f City rk of the City of Grand Terrac and of the City Council thereof. Approved as to form: City Attorney -12- STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I , MYRNA LINDAHL, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the City Council of said City at a regular meeting of the City Council held on the 5th day of February 1981 , and that it was so adopted by the following vote: AYES: Councilmen Grant, Petta, Nix, Rigley. NOES: Mayor Tillinghast ABSENT: None C � City C16rk of the City of Grand Terra and of the City Council thereof. STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, MYRNA LINDAHL, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the above and foregoing is a full , true and correct copy of Ordinance No. 44 of said City Council , and that the same has not been amended or repealed. DATED: February 5, 1981 City rk of the City of Grand Terra and of the City Council thereof.