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 Dry Creek watershed by adding additional impervious surface, thereby
adding more runoff and changing discharge rates. This creates a need
for new drainage infrastructure and improvements. Such burdens may
vary by the type of land use and location within the city. Some of
the worst impacts imposed by development are on properties located
within the Dry Creek watershed downstream from the city, where additional
runoff poses a threat to 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 runoff generated by different types of land use, to analyze
the drainage infrastructure or facilities necessary to mitigate that
runoff, and to determine which land uses will require which portions
of such infrastructure. It is therefore possible to charge a fee,
based on land use and location, which equitably shares the burden
of providing drainage infrastructure or facilities within the Dry
Creek watershed among those who will create the need for them. It
is the intent of this chapter to create such a fee without generating
any surplus to the general fund. It is the further purpose of the
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 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 Dry 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 sharing
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 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. 2617 § 1, 1992)
The following words are defined for purposes of this chapter
as follows:
means the permit issued or required by the city for construction
of any structure pursuant to and as defined by the building code.
means that list of proposed drainage facilities, improvements,
or infrastructure totaling $5,248,700.00 (in 1991 dollars, Roseville
projects only) included in the study.
means the department of development services.
means the director of the department.
means that special interest-bearing fund established pursuant to Section 4.49.030.
means those public drainage facilities or infrastructure
shown and included on the capital improvement program.
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.
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.
means both the report entitled “Dry Creek Watershed
Flood Control Plan” dated April 1992 by James M. Montgomery
Consulting Engineers, and the report of the director entitled “Adoption
of Interim Dry Creek Watershed Flood Control Plan and Drainage Mitigation
Fee” dated June 4, 1992, taken together. The study is on file
in the offices of the director and the city clerk.
(Ord. 2617 § 1, 1992; Ord. 5279 § 4, 2014)
The finance director is directed to establish a special interest-bearing
fund entitled the Dry Creek drainage mitigation fund. All fees collected
pursuant to this chapter shall be deposited in the Dry Creek drainage
mitigation fund and expended solely to finance the facilities.
(Ord. 2617 § 1, 1992)
Except as otherwise provided by this chapter, the fee imposed
pursuant to this chapter shall be paid at or prior to the issuance
of any building permit within the Dry 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. 2617 § 1, 1992)
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. 2617 § 1, 1992)
The boundaries of the Dry Creek watershed and its subareas are
established as shown on that certain map entitled “Dry Creek
Watershed Subarea Map,” which is on file in the office of the
city clerk and the director and is incorporated herein by reference.
(Ord. 2617 § 1, 1992)
The fee in that portion of the Dry Creek watershed which is
in the Main Stem subarea shall be:
|
Land Use Category
|
Amount of Fee
|
|---|---|
|
Commercial, Industrial, Other
|
$1,125.00/acre
|
|
High-Density Residential (More than 4.0 units per acre)
|
$94.00/unit
|
|
Low-Density Residential (4.0 or less units per acre)
|
$148.00/unit
|
(Ord. 2617 § 1, 1992)
The fee in that portion of the Dry Creek watershed which is
in the Antelope Creek subarea shall be:
|
Land Use Category
|
Amount of Fee
|
|---|---|
|
Commercial, Industrial, Other
|
$1,350.00/acre
|
|
High-Density Residential (More than 4.0 units per acre)
|
$113.00/unit
|
|
Low-Density Residential (4.0 or less units per acre)
|
$274.00/unit
|
(Ord. 2617 § 1, 1992)
The fee in that portion of the Dry Creek watershed which is
in the Miner’s Ravine subarea shall be:
|
Land Use Category
|
Amount of Fee
|
|---|---|
|
Commercial, Industrial, Other
|
$1,699.00/acre
|
|
High-Density Residential (More than 4.0 units per acre)
|
$142.00/unit
|
|
Low-Density Residential (4.0 or less units per acre)
|
$508.00/unit
|
(Ord. 2617 § 1, 1992)
The fee in that portion of the Dry Creek watershed which is
in the Strap Ravine subarea shall be:
|
Land Use Category
|
Amount of Fee
|
|---|---|
|
Commercial, Industrial, Other
|
$1,277.00/acre
|
|
High-Density Residential (More than 4.0 units per acre)
|
$106.00/unit
|
|
Low-Density Residential (4.0 or less units per acre)
|
$215.00/unit
|
(Ord. 2617 § 1, 1992)
The fee in that portion of the Dry Creek watershed which is
in the Linda Creek North subarea shall be:
|
Land Use Category
|
Amount of Fee
|
|---|---|
|
Commercial, Industrial, Other
|
$1,215.00/acre
|
|
High-Density Residential (More than 4.0 units per acre)
|
N/A
|
|
Low-Density Residential (4.0 or less units per acre)
|
$163.00/unit
|
(Ord. 2617 § 1, 1992)
The fee in that portion of the Dry Creek watershed which is
in the Linda Creek South subarea shall be:
|
Land Use Category
|
Amount of Fee
|
|---|---|
|
Commercial, Industrial, Other
|
$1,371.00/acre
|
|
High-density Residential (More than 4.0 units per acre)
|
$114.00/unit
|
|
Low-Density Residential (4.0 or less units per acre)
|
$194.00/unit
|
(Ord. 2617 § 1, 1992)
The fee in that portion of the Dry Creek watershed which is
in the Secret Ravine subarea shall be:
|
Land Use Category
|
Amount of Fee
|
|---|---|
|
Commercial, Industrial, Other
|
$1,427.00/acre
|
|
High-Density Residential (More than 4.0 units per acre)
|
$119.00/unit
|
|
Low-Density Residential (4.0 or less units per acre)
|
$311.00/unit
|
(Ord. 2617 § 1, 1992)
No fee pursuant to this chapter 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 Sections 4.49.050 through 4.49.140; provided, however, that the fee shall be calculated only as to that portion of the development or project which is expanded or remodeled.
(Ord. 2617 § 1, 1992)
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
on 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 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 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 to 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 new uses, zoning, or land use designation,
whether or not a building permit is required.
(Ord. 2617 § 1, 1992)
The fee established by this chapter shall be adjusted annually
on July 1st 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. 2617 § 1, 1992; Ord. 4739 § 6, 2009)
When monies in the Dry Creek 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. 2617 § 1, 1992)
If any provision of this chapter or the application thereof
to any person or circumstance held invalid, such invalidity shall
not affect the other provisions of this chapter which can be given
effect without the invalid provision or its application, and to this
end the provisions of this chapter are severable.
(Ord. 2617 § 1, 1992)
