Chapter 15.104


15.104.010    Definitions.

15.104.020    Kirker Creek watershed stormwater management plan.

15.104.030    Findings.

15.104.040    Exemptions.

15.104.050    Conditions of development.

15.104.060    Building permits.

15.104.070    Subdivisions.

15.104.080    Fee schedule.

15.104.090    Fee payment.

15.104.100    Review of fees.

15.104.010 Definitions.

For purposes of this section, the listed terms shall be defined as follows:

A. “Impervious surface” means any hard surface area which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions pre-existent to development, and/or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions existing prior to development.

B. “Permanent on-site detention facility” means to construct on said property to be developed a facility that is intended to remain in service permanently on the development site.

C. “Temporary on-site” means to construct a “temporary” short-term measure that will later be removed or changed.

D. “City official” means the director of community development or a staff person designated by the director to perform the duties set forth in the ordinance codified in this chapter.

E. “Kirker Creek watershed” is that area in the city of Pittsburg as defined on the map attached to the ordinance codified in this chapter and as expanded to include the additional property shown on Map A-1 attached to the amending ordinance. [Ord. 03-1205 § 4, 2003; Ord. 1180 § 3, 2001.]

15.104.020 Kirker Creek watershed stormwater management plan.

The Kirker Creek watershed drainage improvement plan and schedule adopted by the city council by Resolution 99-8789 on January 19, 1999, is the stormwater management plan for the Kirker Creek watershed drainage area. [Ord. 1180 § 3, 2001.]

15.104.030 Findings.

The council finds and determines that said drainage area has inadequate drainage facilities; that future subdivision and development of property within said drainage area will have a significant adverse impact on existing and future development; that development of property within the drainage area, with its resultant increase in impervious surfaces, will require the construction of facilities described in the stormwater management plan; that the fees herein provided to be charged are uniformly applied per acre for commercial and industrial, or per unit for residential and multifamily residential, of impervious surface basis and fairly apportioned within said drainage area on the basis of benefits conferred on property upon which additional impervious surfaces in said drainage area are constructed; that the estimated total of all fees collectible hereunder does not exceed the estimated total costs of all drainage facilities shown on the stormwater management plan; and that the drainage facilities planned are in addition to existing drainage facilities already serving the drainage area at the time of the adoption of the stormwater management plan. [Ord. 1180 § 3, 2001.]

15.104.040 Exemptions.

A. The fee shall not be required for the following: (1) to replace a structure destroyed or damaged by fire, flood, winds or other acts of God, provided the resultant structure has the same, or less imperious surface as the original structure; (2) to modify structures or other impervious surfaces, provided the amount of ground coverage is not increased by more than 100 square feet; or (3) to convey land to a government agency, public entity, public utility, or abutting property owner where a new building lot or site is not created as a result of the conveyance.

B. Except for that parcel identified in Map A-1 attached to the amending ordinance, the development of which is subject to the conditions set forth in subsection (C) of this section, the fee provided for herein shall not apply to other properties north of the Pittsburg/Antioch Highway because the city finds that such properties are downstream of Kirker Creek and do not contribute flow to Kirker Creek. Such downstream property owners, however, will be required to mitigate their stormwater flow in accordance with other applicable laws and city requirements.

C. As a condition precedent to the discharge of any stormwater into Kirker Creek from the property identified in Map A-1 (the added property), attached to the amending ordinance, and as conditions to the development in addition to those set forth in PMC 15.104.050, the following requirements and conditions must be met:

1. No storm water from the added property will be discharged into Kirker Creek that will cause the flow of the creek to exceed its maximum design capacity.

2. The added property shall be designed with retention basins capable of storing storm runoff when the condition set forth in subsection (A) of this section prevents pumping into the creek.

3. Design and construction of the retention basins and any pump facilities to be installed on the added property shall meet all city of Pittsburg requirements.

4. The operation and maintenance of all storm drain facilities on the added property shall be the responsibility of the property owner, unless the city, in its sole discretion, agrees to accept any dedication of such basin(s) or pump facilities.

5. The added property shall be subject to all charges and fees established herein for all properties subject to the ordinance.

6. All storm water discharging into Kirker Creek from the added property will be subject to meeting the requirements of applicable environmental agencies. [Ord. 03-1205 §§ 5, 6, 2003; Ord. 1180 § 3, 2001.]

15.104.050 Conditions of development.

The city council finds that existing facilities are inadequate and that the creation of new impervious surface area in the Kirker Creek watershed prior to the completion of downstream improvements will create a substantial risk of flooding. Accordingly, the following conditions will apply to new development within the Kirker Creek watershed prior to completion of all recommended improvements to the drainage area downstream of the proposed development:

A. A property owner may construct permanent on-site detention facilities to contain any increase in runoff between pre- and post-development conditions. Pre-development conditions are at the time of application; post-development conditions are after construction of the development has begun. Sizing of detention facilities will be in accordance with the stormwater management plan criteria. If permanent on-site detention facilities are constructed, no fee is required under the ordinance codified in this chapter.

B. A property owner may construct temporary on-site or off-site detention measures that must remain in place until downstream improvements required by the stormwater management plan are completed. Temporary measures could include, but are not limited to: (1) allowing temporary ponding in parking lots or other impervious areas; (2) enclosing roofs with parapets to contain water; or (3) conveying the runoff to a temporary cistern/tank. Sizing for temporary detention measures will be according to the stormwater management plan criteria. The city official must review and approve temporary measures proposed for the development. When the downstream improvements required by the stormwater management plan are completed, then the temporary detention measures can be eliminated. Where temporary drainage measures are utilized, a property owner will be required to pay drainage fees in accordance with the fee schedule.

C. Unless a property owner utilizes either permanent on-site detention facilities or temporary detention measures as described above, approval of the proposed development will be delayed until the downstream improvements required by the stormwater management plan are completed. The drainage fees are payable when development occurs.

D. Single lots under 6,000 square feet are exempt from physical mitigation. However, payment of the drainage fee is still required.

E. All new development, whether subject to the drainage fee or not, is responsible for construction of all drainage facilities needed to connect the development site to the city’s existing storm drain system. [Ord. 1180 § 3, 2001.]

15.104.060 Building permits.

Except as expressly permitted by the ordinance codified in this chapter, the city official shall not issue any building permit for construction within the drainage area until the required drainage fee has been paid. For initial construction, the fee shall be based upon calculations provided by the developer of the increase in impermeable areas of all improvements, including street improvements, sidewalks, building roofs, parking lots, etc. For single-family residential swimming pools on lots for which the drainage fee has not been paid, the fees shall be calculated for the pool area and increased impervious area such as the concrete decking and walkways built around the pool. For other construction, modifications or replacements to an existing facility that cause an increase in impervious surface, including but not limited to driveways, walks, patios, etc., the amount of net increase in impervious surface shall be subject to a fee paid prior to the issuance of a permit. All fees charged shall be at the rate listed in the fee schedule. [Ord. 05-1236 § 4, 2005; Ord. 1180 § 3, 2001.]

15.104.070 Subdivisions.

Except as expressly permitted by the ordinance codified in this chapter, the property owner shall pay the drainage fee for the increase in impermeable surfaces on the frontage improvements for the proposed subdivision for which a final or parcel map is filed prior to recordation of such map. Drainage fees for each home within the subdivision shall be paid prior to issuance of the building permit for all impermeable surfaces created by the home and related on-site improvements. All fees charged shall be at the rate listed in the fee schedule. [Ord. 05-1236 § 5, 2005; Ord. 1180 § 3, 2001.]

15.104.080 Fee schedule.

All fees charged under this section will be calculated at the rate of $0.68 per square foot for the increased impervious area. The fee charged under this section is based upon a uniform fee per square foot of impervious surface area created by development because the increased impervious surface results in increased stormwater runoff. The fees to be charged under this section shall be calculated from plans and measurements of the actual proposed increased impervious area, i.e., roof areas, sidewalks, and frontage improvements that cause increased runoff. [Ord. 05-1236 § 6, 2005; Ord. 1180 § 3, 2001.]

15.104.090 Fee payment.

All fees collected hereunder shall be paid into the city and deposited to the account of the drainage facilities fund established by the finance department for the drainage area. Moneys in said fund shall be expended solely for land acquisition, construction, engineering, administration, repair, maintenance and operation or reimbursement for the same, in whole or in part, of planned drainage facilities within the drainage area or to reduce the principal or interest of any bonded indebtedness of the drainage area. [Ord. 1180 § 3, 2001.]

15.104.100 Review of fees.

Project estimates shall be reviewed every year or sooner as deemed necessary that the ordinance codified in this chapter is in effect. The fee schedule shall be adjusted annually on January 1st to account for inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not require further notice or public hearing. [Ord. 1180 § 3, 2001.]