The city council finds and declares that the purpose of this chapter is as follows:
A. 
The general plan of the city requires that the city be provided, in a time frame related to its development, with an adequate level of drainage infrastructure so as to not adversely impact other areas.
B. 
New development, and the expansion of existing development, within the city imposes a burden on the creeks and drainage infrastructure within the Pleasant Grove and Curry Creek watershed by adding additional impervious surface, thereby adding more runoff, and by changing discharge rates. This creates a need for new drainage infrastructure and improvements. Such burdens may vary by the type of land use and by the location of the land use within the city since soil characteristics differ. Some of the worst burdens imposed by development are on properties located within the Pleasant Grove and Curry Creek watershed downstream from the city, where additional run-off poses a threat of severe flooding and is a danger to life and property.
C. 
Analysis of the land use expected at buildout of the city pursuant to the general plan and specific plans make it possible to estimate the amount of additional run-off generated by different types of land uses, to analyze the drainage infrastructure or facilities necessary to mitigate that run-off, and to determine which land uses will require which portions of such infrastructure. It is therefore possible to construct a fee, based on land use and location which equitably spreads the burden of providing drainage infrastructure or facilities within the Pleasant Grove and Curry Creek watershed to those who will create the need for them. It is the intent of this chapter to create such a fee, spreading costs of drainage infrastructure and facilities to those who create the need for such infrastructure, without generating any surplus to the general fund. It is the further purpose of this chapter to implement the general plan and specific plans by assuring that adequate public facilities are financed and provided to serve the city.
D. 
The fee established by this chapter has been calculated in the manner set forth in the Study so as to pay for those facilities listed in the capital improvement program.
E. 
The fee established by this chapter is in addition to any other fees or charges required by law as a condition of development.
F. 
The fee established by this chapter is to be collected for public improvements and facilities for which an account has been established and funds appropriated, and for which a proposed construction schedule has been adopted.
G. 
That the failure to impose the conditions and regulations of this chapter relating to payment of the fee on building permits would jeopardize both residents of the community and those outside the community within the Pleasant Grove and Curry Creek watershed, in that it would permit construction to proceed without adequate drainage infrastructure or means of financing said infrastructure.
H. 
The requirement of this chapter to pay the fee is necessary in order to assure compliance with the applicable Zoning Ordinance, specific plans and general plan requirements for the infrastructure funded by this chapter.
I. 
That for a period of greater than 10 days prior to adoption of this chapter, data has been available to the public and to developers and their representatives indicating the cost or estimated cost of all the infrastructure to be funded, the revenue sources anticipated and the means of spreading these costs.
J. 
That the city council has considered the effect of the fee imposed by this chapter with respect to the housing needs of the city as a whole and of the region, particularly as required by the housing element of the general plan, and the city council finds that this chapter does not unduly adversely affect the city’s ability to provide for such needs.
K. 
That the establishment of the fee is for the purpose of obtaining funds for capital projects, necessary to maintain service required by the general plan within existing service areas and existing portions of the city which are developed or for which land use has already been granted.
(Ord. 2399 § 1, 1991; Ord. 4433 § 1, 2006)
The following words are defined for purposes of this chapter as follows:
“Building permit”
means the permit issued or required by the city for construction of any structure pursuant to and as defined by the building code.
“Capital improvement program”
means that list of proposed drainage facilities, improvements, or infrastructure totaling $23,576,744.69 (in 2017 dollars) included in the study.
“Department”
means the department of development services.
“Director”
means the director of the department.
“Drainage mitigation fund”
means that special interest-bearing fund established pursuant to Section 4.49.030.
“Facilities”
means those public drainage facilities or infrastructure shown and included on the capital improvement program.
“Fee” or “drainage mitigation fee”
means the fee established by this chapter. The fee shall be collected prior to the approval of any building permit. The fee shall be used solely to finance the facilities.
“Improvement plan”
means a site plan of property proposed for development showing all required improvements that must be approved by the city prior to the issuance of a building permit for the property.
“Study”
means the reports entitled “Pleasant Grove/Curry Creek Watershed Mitigation Fee Report Amended Hydrology Project Report for Fee Revisions” dated May 2017 by Civil Engineering Solutions, Inc. The study is on file in the offices of the director and the city clerk.
(Ord. 2399 § 1, 1991; Ord. 2763 § 1, 1994; Ord. 4433 § 1, 2006; Ord. 5279 § 3, 2014; Ord. 5933 § 1, 2018)
The finance director is directed to establish a special interest-bearing fund entitled the “Pleasant Grove/Curry Creek Drainage Mitigation Fund.” All fees collected pursuant to this chapter shall be deposited in the Pleasant Grove/Curry Creek drainage mitigation fund and expended solely to finance the facilities.
(Ord. 4433 § 1, 2006)
Except as otherwise provided by this chapter, the fee imposed pursuant to this chapter shall be paid upon the issuance of any building permit within the Pleasant Grove and Curry Creek watershed. Calculation of the fee shall be determined in accordance with the Study and this chapter, depending upon where within the city development occurs, the type of development and the extent of development.
(Ord. 2399 § 1, 1991; Ord. 2637 § 6, 1992; Ord. 4433 § 1, 2006)
Where building permits are issued by an individual or agency other than the city, the fee imposed pursuant to this chapter shall be paid at or prior to a request for electric, water or sewer service, whichever is first. The fee shall be calculated in the same manner as any other fee imposed pursuant to this chapter.
(Ord. 2399 § 1, 1991; Ord. 4433 § 1, 2006)
The boundaries of the Pleasant Grove and Curry Creek watershed are established as shown on Exhibit PG-2 within the Study entitled “PGWMF Land Use Areas Contributing to Impact” dated March 2017 which is on file in the office of the city clerk and the director and is incorporated herein by this reference.
(Ord. 4433 § 1, 2006; Ord. 5933 § 2, 2018)
The fee within the Pleasant Grove and Curry Creek watersheds shall be:
Land Use Category
Fees
Low Density Residential (LDR): less than 7 units/acre
$494.93/unit
Medium Density Residential (MDR): 7 to 12.9 units/acre
$494.93/unit
High Density Residential (HDR): 13 units/acre or higher
$408.23/unit
Neighborhood Commercial (NC)
$6,423.12/acre
Community Commercial (CC)
$6,423.12/acre
Regional Commercial (RC)
$6,423.12/acre
Business Professional (BP)
$6,423.12/acre
Light Industrial (LI)
$6,423.12/acre
General Industrial (IND)
$6,423.12/acre
(Ord. 2399 § 1, 1991; Ord. 2763 § 1, 1994; Ord. 4433 § 1, 2006; Ord. 5933 § 3, 2018)
No fee shall be charged for already existing development or for projects which rebuild or remodel without increasing the impervious area, except as provided in this section.
Where any development or project expands or remodels, it shall be charged the appropriate fee as provided by Section 4.48.070; provided, however, that the fee shall be calculated only as to that portion of the development or project which is expanded or remodeled.
(Ord. 2399 § 1, 1991; Ord. 4433 § 1, 2006)
A. 
A developer of any project subject to the fee established by this chapter may apply to the director for a reduction or adjustment to the fee based upon the absence of any reasonable relationship or nexus between the impacts of the project and either the amount of the fee or the facilities to be financed by the fee. The application shall be made in writing and filed with the director not later than 20 calendar days after notification of the amount of the fee. The application shall state in detail the factual basis for the claim of reduction or adjustment and the amount of the proposed reduction or adjustment. The director shall consider the application and render his or her decision in writing not later than 45 calendar days after the filing of the fee adjustment request.
Any person aggrieved by the decision of the director may, within 20 calendar days thereafter, appeal the decision in writing to the city council by filing an appeal with the city clerk. The city council shall consider such appeals within 45 calendar days after filing. The decision of the city council shall be final. No building permit shall be issued for the project until the final decision pursuant to this section has been made. No application for a project shall be considered final or complete for purposes of the Permit Streamlining Act (Government Code Section 65920 et seq.), or any other purpose, until a final decision pursuant to this section has been made.
B. 
Notwithstanding the provisions of subsection A, a project proponent or applicant may pay the fee “under protest” and receive a building permit; provided, however, that the application for reduction or adjustment shall thereafter be filed within 10 calendar days or any objection shall be deemed waived. If a reduction or adjustment is received after payment pursuant this subsection is made, a refund to the applicant shall be made of that amount by which the fee is reduced or adjusted.
C. 
The project proponent or applicant applying for a reduction or adjustment shall have the burden of proof, by a preponderance of the evidence, that a reasonable relationship or nexus is lacking between the fee, or the facilities to be financed by the fee, and the particular project.
D. 
In the event of any reduction or adjustment in the fee granted pursuant to this section, any later change in the use, zoning, or land use designation for the property involved shall subject the then owner to payment of the then applicable fee for such new uses, zoning, or land use designation, whether or not a building permit is required.
(Ord. 2399 § 1, 1991; Ord. 4433 § 1, 2006)
The Construction Cost Index (CCI) inflationary fee adjustment shall become effective July 1, 2013. The fee established by this chapter shall be adjusted annually July 1st beginning on July 1, 2018 by a percentage equal to the adjustment rate for the prior year for construction costs as determined by the director in the preceding June. The director’s determination shall be based upon averaging the Construction Cost Index (CCI) for 20 cities and for San Francisco, as published in the Engineering News Record publication for the preceding 12 months ending in May. The resultant fee shall be rounded to the nearest dollar figure.
(Ord. 2399 § 1, 1991; Ord. 3952 § 4, 2003; Ord. 4433 § 1, 2006; Ord. 4739 § 5, 2009; Ord. 4854 § 4, 2010; Ord. 4947 § 4, 2011; Ord. 5070 § 1, 2012; Ord. 5933 § 4, 2018)
When the monies in the drainage mitigation fund are disbursed for use, the fees shall be used to finance the facilities. To the extent sufficient fees are available, all facilities financed by the fees shall be constructed or acquired in accordance with the priorities established in the capital improvement program.
(Ord. 2399 § 1, 1991; Ord. 4433 § 1, 2006)
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end the provisions of this chapter are severable.
(Ord. 2399 § 1, 1991; Ord. 4433 § 1, 2006)