Chapter 16.72
DRAINAGE FEES
Sections:
16.72.060 Drainage areas established.
16.72.070 Planned local drainage facilities.
16.72.090 Drainage fees established.
16.72.092 Drainage fees established for Midland Road Drainage Basin.
16.72.100 Payment of fees or security therefor.
16.72.110 Construction credit.
16.72.130 Use of drainage fees.
16.72.010 Title.
This chapter shall be known as “the drainage fee ordinance” and may be cited as such. (Ord. 29 § 1, 1981; CC § 810.201)
16.72.020 Purpose.
The purpose of this chapter is to make provision for assessing and collecting drainage fees as a condition of issuance of building permits subsequent to approval of a final subdivision map, parcel map or development review to defray the actual or estimated costs of constructing planned drainage facilities for the removal of surface and stormwaters from local or neighborhood drainage areas as provided by Section 66483 of the Government Code (Subdivision Map Act). (Ord. 358 § 3, 1992; Ord. 29 § 1, 1981; CC § 810.202)
16.72.030 Findings.
The City Council, pursuant to Section 66483 of the Subdivision Map Act, finds that:
A. The further development of property within designated planned local drainage (PLD) areas as detailed on the local drainage area fee map will require the construction of the facilities on that fee map.
B. The fees established in this chapter are based upon estimated costs of these facilities which costs are fairly apportioned within each PLD area on the basis of benefits conferred on property proposed for development or on the need for the designated facilities created by the development of property within the PLD area. (Ord. 29 § 1, 1981; CC § 810.203)
16.72.040 Applicability.
This chapter shall not be applicable to any tentative subdivision map or tentative parcel map filed prior to the thirty-first day after the effective date of the ordinance codified in this chapter. For the purposes of this chapter the filing of a tentative subdivision map or tentative parcel map shall occur on the date that the application therefor is filed and the tentative map or tentative parcel map application fees are paid to the City. (Ord. 29 § 1, 1981; CC § 810.214)
16.72.050 Definitions.
Whenever the following words are used in this chapter, they shall have the meaning ascribed to them in this section:
A. “Local drainage area fee map” means a map showing the boundaries of each planned local drainage area and the location of all planned facilities within each area and containing a description and estimated cost of each facility and a schedule of fees for each local drainage area. The “local drainage area fee map” constitutes the plan and map referred to in Government Code Section 66483. The local drainage area fee map may be changed from time to time by action of the City Council. The local drainage area fee map is on file in the office of the City Clerk as Document No. 608735.
B. “Planned local drainage area” (PLD area) means a local or neighborhood drainage area within the meaning of Section 66483 of the Subdivision Map Act and includes the land lying within the boundaries designated on the local drainage area fee map. (Ord. 29 § 1, 1981; CC § 810.204)
16.72.060 Drainage areas established.
PLD areas for the City are hereby established. Said PLD areas are depicted upon the local drainage area fee map and any amendments thereto. (Ord. 29 § 1, 1981; CC § 810.205)
16.72.070 Planned local drainage facilities.
The City Council finds that the subdivision and/or development of land within the meaning of the Subdivision Map Act will require the construction of those drainage facilities described in the local drainage area fee map. Said facilities shall hereinafter be referred to as planned local drainage facilities or PLDF. The City Council further finds that all properties within each of said PLD areas will be benefited by construction of the PLDF proposed for each of said areas. (Ord. 358 § 3, 1992; Ord. 29 § 1, 1981; CC § 810.206)
16.72.080 Estimated costs.
A. The City Council also finds that the total estimated costs effective through December 31, 1981, for all PLDF within each said PLD area are as set out in the local drainage area fee map.
B. It further finds that if such costs were apportioned uniformly on a per acre basis, the pro rata share in each local drainage area would be as set out in the local drainage area fee map. (Ord. 29 § 1, 1981; CC § 810.207)
16.72.090 Drainage fees established.
A. Pursuant to Section 66483 of the Subdivision Map Act, the drainage fees set out in said local area drainage fee map adopted by action of the City Council shall be paid for development of land subsequent to approval of subdivisions, parcel maps, or development reviews within the PLD areas established in this chapter.
B. The drainage fee shall be the lesser of the following:
1. The product of the gross area of the subdivided land, less open space, in acres and the fee rate (dollars per acre) for the particular local drainage area as set forth in the local drainage area and the fee for each area; or
2. In the case of residential development only, the product of the fee rate and the number of approved dwelling units. (Ord. 358 § 3, 1992; Ord. 29 § 1, 1981; CC § 810.208)
16.72.092 Drainage fees established for Midland Road Drainage Basin.
Pursuant to Section 66483 of the Subdivision Map Act, the drainage fees for the Midland Road Drainage Basin shall be $2,168.19 per dwelling unit, and $23,850.09 per acre of commercially zoned property. The fees for dwelling units shall be paid in accordance with Government Code Section 53077. The fees for commercial projects shall be paid at the time of issuance of a building permit, or the finaling of a subdivision map, whichever comes first. The costs for master plan drainage improvements installed as a condition of development shall be credited toward the payment of fees, but not to exceed 100 percent of the fees. The fees for residential development shall be secured or paid prior to issuance of a building permit. If secured, the fees must be paid prior to issuance of a certificate of occupancy at the rate in effect at the time of final payment. (Ord. 358 § 3, 1992; Ord. 247 § 1, 1988)
16.72.100 Payment of fees or security therefor.
The fees required pursuant to this chapter shall be paid as a condition of and prior to the issuance of building permits.
In the case of residential development, the fee may be deferred by posting of a security satisfactory to the City Attorney. If the fee is secured for a residential project prior to building permit issuance, then the fee shall be paid prior to issuance of a certificate of occupancy at the rate in effect at the time of final payment. (Ord. 358 § 3, 1992; Ord. 29 § 1, 1981; CC § 810.209)
16.72.110 Construction credit.
A. When, as a requirement of the issuance of building permits subsequent to approval of a subdivision map, parcel maps or development review, the conditions require the construction of any facility described on the local drainage area fee map, or any portion of these facilities, the cost of the required improvements shall be credited to the developer based upon the length, capacity and type of facility to be constructed.
B. Credit for construction of planned facilities shall be the estimated cost as set out in Document No. 608735 on file with the City Clerk. Credit will be limited to the cost associated with 100 percent of the estimated cost of off-site improvements and a maximum of 50 percent of the estimated cost of on-site improvements. The estimated costs shall be valid through December, 1981, and shall be adjusted thereafter concurrent with the adjustment of fees as under PMC 16.72.120.
C. If, upon construction of the facilities, the costs associated with such construction are less than estimated, the developer shall pay to the City the difference between the actual costs and the estimated costs to the extent that credit was granted therefor. If the actual cost exceeds the estimated cost, the developer may be eligible for reimbursement pursuant to PMC 16.72.140. Total credit, however, shall not exceed 50 percent of the on-site improvements and 100 percent of off-site improvements.
D. The construction credit shall be reduced by the actual cost of any portion of a previously constructed master planned facility which is situated within the boundaries of the property being developed. In no case, however, shall the construction credit for any development be less than zero dollars. (Ord. 358 § 3, 1992; Ord. 29 § 1, 1981; CC § 810.210)
16.72.120 Adjustment of fees.
A. The fees established by PMC 16.72.090 have been established in part on estimated costs to construct PLDF in the calendar years 1980 and 1981. In December of each calendar year, beginning with December, 1981, the City Council shall review and adjust the fees. Said adjustment to be based upon any increase or decrease in costs of construction as determined by the Engineering News Record Cost of Construction Index published by McGraw-Hill Publishing Company, or any successor thereof. The index for the month of November shall be used for such adjustment.
B. Fees adjusted in accordance with this chapter shall become effective as of January 1, 1982, and on each January 1st thereafter. However, the maximum amount of fee payable by a developer shall be calculated based on the fee rate in effect on the date of final payment of fees.
C. If the City Council does not review and adjust fees in December of 1981 or any subsequent December, the previously established fees shall remain in effect until such review has been conducted. (Ord. 358 § 3, 1992; Ord. 29 § 1, 1981; CC § 810.211)
16.72.130 Use of drainage fees.
Fees collected under this chapter shall be segregated into a planned local drainage facilities fund established for each PLD area and the funds therein and interest accruing thereto shall be expended solely for the construction or reimbursement for construction of PLDF within the PLD area from which the fees comprising the fund were collected. (Ord. 29 § 1, 1981; CC § 810.212)
16.72.140 Reimbursement.
A. If the construction credit calculated in accordance with PMC 16.72.110 exceeds the drainage fee, the City shall reimburse the developer from the appropriate planned local drainage facilities fund in accordance with this section.
B. Reimbursement shall be made annually to persons entitled to reimbursement as of July 1st in accordance with the terms of this section, provided that fees are collected during the prior fiscal year of the City in connection with the subdivision or development of other property in the same PLD area in which the developer is entitled to reimbursement facilities. The amount of the reimbursement shall be limited to the difference between the construction credit and the drainage fee.
C. To be eligible for reimbursement, a developer shall make written application therefor following City Council acceptance of the improvements. The application shall be deemed complete upon the written determination of the Director of Development Services/City Engineer that the application has been timely filed, together with all data necessary to determine the validity and appropriate amount of reimbursement. The Director of Development Services/City Engineer shall determine the appropriate amount of reimbursement and submit a recommendation to the City Council for approval. The City Council shall approve, disapprove or modify the request for reimbursement by resolution without the necessity of a public hearing.
D. In the event that the developer wishes to enter into a reimbursement agreement with the City, the developer’s application for reimbursement shall include a request for such an agreement. Such an agreement shall incorporate by reference the terms of this chapter, shall provide that the developer shall indemnify and hold harmless the City from liability for failure to collect drainage fees which would fund reimbursement, and shall expire not more than 10 years after its execution date, without right of renewal or reapplication. The developer shall submit a draft agreement and shall pay the reimbursement agreement processing fee in effect at the time that the application for reimbursement is made.
E. In the event that two or more developers in the same planned local drainage area apply for reimbursement, payment priority shall be established as follows:
1. A developer with an approved reimbursement agreement shall be paid in full prior to payment of developers who have no reimbursement agreement with the City, regardless of the time at which the respective applications became complete.
2. In the event that two or more developers have fully executed reimbursement agreements with the City, such developers shall be reimbursed pro rata in accordance with the percentage that the total amount initially approved for reimbursement to the developer bears to the total amounts initially approved for all developers having fully executed reimbursement agreements at the time any reimbursement payment is made.
3. In the event that two or more developers are entitled to reimbursement but have not signed reimbursement agreements with the City, the developer whose application is complete first shall be entitled to reimbursement in full prior to any reimbursement being paid to any other developer who does not have a fully executed reimbursement agreement.
4. This subsection shall be applied to all reimbursements, pursuant to an agreement or otherwise, paid to any developer after the effective date of the ordinance codified in this section, except that as between two (or more) developers both (all) of whom have signed reimbursement agreements before the effective date of the ordinance codified in this section, any developer who has not received pro rata reimbursement (as that term is described in subsection (E)(2) of this section) as of that date, shall receive 100 percent of the next moneys reimbursed after said date until such developer has received pro rata reimbursement; thereafter, each such developer shall receive pro rata reimbursement until reimbursed in full or until that developer’s right to receive reimbursement expires. (Ord. 518, 1999; Ord. 358 § 3, 1992; Ord. 285 § 1, 1989; Ord. 29 § 1, 1981; CC § 810.213)