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.
“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)