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:
“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 $5,248,700.00 (in 1991 dollars, Roseville projects only) included in the study.
“Department”
means the department of development services.
“Director”
means the director of the department.
“Dry Creek 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 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)
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)
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)