A. This
chapter imposes a planned local drainage area fee to pay for various
planned local drainage facility improvements within the city. The
amount of the fee is based upon engineering analysis and has been
calculated to be equal to or less than the cost of the planned local
drainage facility improvements as described in the drainage master
plan.
B. This
chapter is necessary to ensure the completion of planned local drainage
facility storm drainage, flood control and water pollution control
improvements in a timely manner concurrent with the need for such
improvements. The construction of the planned local drainage facility
improvements funded by this fee will help ensure compliance with the
city's growth management standards relating to drainage facilities
and with the water quality improvement requirements of the municipal
permit.
(Ord. NS-293 § 2, 1994; Ord. CS-004 § 1, 2008)
When used in this chapter, the following term shall have the
meaning ascribed to it in this section:
"Impervious surface"
means any surface which cannot be effectively or easily penetrated
by water. Examples include conventional pavements, buildings, non-porous
concrete and asphalt walkways, driveways, patios and building foundations
and rock outcroppings. For purposes of this chapter any soil surface
whether highly compacted or not shall not be considered an impervious
surface.
(Ord. CS-004 § 1, 2008)
Except as provided in this section, no final or parcel map shall
be approved nor shall any building permit or occupancy permit for
any project be issued and no person shall build, use or occupy any
project, without first paying the planned local drainage area fee
established by, or otherwise complying with, this chapter. The following
projects shall be exempt from the requirements of this chapter:
A. Projects
located on sites which have been previously developed with a permanent
commercial, industrial or residential structure which do not increase
the impervious surface area of the respective property by 50% or more
and which do not contribute to any increase in the 100-year runoff
value to any required planned local drainage area improvement located
downstream of the proposed project. The 50% criteria shall be measured
cumulatively for multiple discrete project applications covering the
same property where such applications are filed within two years of
one another.
B. Projects
involving remodels or additions that do not increase the building
footprint by 500 square feet. The 500 square feet criteria shall be
measured cumulatively for multiple discrete project applications covering
the same property where such applications are filed within two years
of one another.
C. Projects
located on property which was subdivided after October 16, 1980, and
for which the subdivider for said property paid or received credit
for payment of any PLDA fees.
D. Projects
by public agencies or entities.
(Ord. NS-293 § 2, 1994; Ord. CS-004 § 3, 2008)
In addition to any other requirements for a building permit authorized pursuant to Title
18 of this code and as established by the building official, the applicant for a building permit, subject to the fee payment requirements of this chapter, shall:
A. Submit
a site plan showing the existing and proposed impervious surface areas
located on the property together with a summary of the acreages of
existing and proposed impervious surface areas.
B. Pay
the planned local drainage area fee established by action of this
chapter.
(Ord. NS-293 § 2, 1994; Ord. CS-004 § 4, 2008)
A. The
planned local drainage area fee schedule shall be established by City
Council resolution and shall be considered part of this chapter.
B. A planned
local drainage area fee shall be paid by the owner or developer prior
to the issuance of any building permit or occupancy permit or prior
to final or parcel map approval for a project, whichever occurs first.
The planned local drainage area fees shall be adjusted annually based
upon the July, 2008 Engineering News Record Los Angeles Construction
Cost Index of 9335.69 based on the 1967 average = 100.
C. If, as a condition of development, the project owner or developer is required to construct a planned local drainage facility, then the developer may receive a credit against payment of the planned local drainage area fee. The amount of the fee credit shall not exceed the facility cost as estimated in the master drainage plan plus the adjustments provided for in subsection
B of this section. If the cost of the planned local drainage facility installed by the developer exceeds the amount of the fee credit established by this subsection the developer is eligible for reimbursement on the balance of the facility costs pursuant to Section
15.08.080 of this chapter.
D. The drainage fee paid for each property subject to this chapter shall be based upon the gross property acreage (including easements and not more than 30 feet of the fronting street right-of-way measured at right angles to the property line along the full extent of the street frontage) less any area of constrained land as it may be defined in Section
21.53.230 and based upon the runoff potential for the respective general plan designation for the property. The runoff potential for each land use designation shall be as indicated within Appendix C of the drainage master plan.
E. The
applicant for a building permit may request adjustment of the PLDA
fees specified in this chapter upon submittal of a written request
to the City Engineer. The request should include an explanation of
the reason for the requested adjustment and any documentation in support
of the request. Upon review of the request, the City Engineer shall
determine whether to approve or deny the requested adjustment in accordance
with the following provisions:
1. When portions of the project have slopes greater than 25% and less than 40%, as defined in Chapter
21.95, one-half the fee for those portions may be waived. The criteria for waiver should be that the slope is undisturbed and has a flourishing cover of native vegetation; that the owner irrevocably covenants with the city to maintain the slope as open space; and that the sloped area has not been used to compute more than one-half of an area equal to the sloped area used to establish the maximum development density of the project.
2. The
increment of a project that is replacing a building destroyed by accidental
fire or natural disaster may be considered to be deducted from the
valuation of the project PLDA fee.
3. Structures
that will not be in place from November 16th through April 14th of
any year are considered temporary for the purposes of this chapter.
Temporary buildings may have the payment of PLDA fees reimbursed without
interest when they have been removed and when the areas under and
appurtenant to them are restored to their natural hydrologic condition.
Appurtenant areas include parking areas, walks, activity areas and
other areas accessory to the use of the building. Structures and appurtenant
areas that have not been removed between any period from November
16th through April 14th during their existence are not eligible for
reimbursement of any portion of the PLDA fee.
4. The
project includes Low Impact Development (LID) or hydro-modification
features, as such features are described in the city's Standard Urban
Stormwater Mitigation Plan, or other design features that reduce the
100-year flood runoff values in the post construction condition to
such an extent that the runoff values are reduced to the level consistent
with a project with a lesser runoff level. For example, a project
with a high runoff value that installs LID features that result in
runoff values that equate to a medium runoff level would result in
a fee reduction from the high level to a medium level. In no case,
however, shall the fee be reduced below the fee imposed for the low
runoff level.
The decision of the City Engineer may be appealed to the City Council pursuant to Section 15.16.160 of this title.
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F. Where
the approval of a final or parcel map does not convey any development
rights, and subsequent discretionary actions are necessary for the
development of the property, the planned local drainage area fee may
be deferred to the issuance of a building permit or occupancy permit
or the next final or parcel map approval for the project, whichever
occurs first.
(Ord. NS-293 § 2, 1994; Ord. CS-004 § 5, 2008; Ord. CS-041 § 4, 2009; Ord. CS-084, 2010; Ord. CS-094 § 4, 2010; Ord. CS-154 § 4, 2011; Ord. CS-186 § 4, 2012)
Drainage area fees collected hereunder shall be segregated according
to their source and deposited into a planned local drainage area facility
fund established for each planned local drainage area and the funds
therein and interest accruing thereto shall be expended solely for
the construction of or for reimbursement for construction of planned
local drainage facilities within the respective planned local drainage
area. All of the fees collected shall be expended solely to build
or finance planned local drainage facilities serving the city.
(Ord. NS-293 § 2, 1994; Ord. CS-004 § 7, 2008)
If an assessment district or special taxing district is established
for all or any part of the area subject to this chapter to fund storm
drain improvements which are or will be funded in whole or in part
by the fee established by this chapter, the owner or developer of
a project may apply to the City Council for a credit against the fee
in an amount equal to the assessment or taxes paid.
(Ord. NS-293 § 2, 1994)
The City Council may, at its discretion, enter into a reimbursement agreement with a developer, when said developer has constructed a planned local drainage facility improvement. Reimbursement shall be made only as fees are collected in connection with the development of other property in the same planned local drainage area in which said facilities were constructed. The schedule of payments for the reimbursement shall take into consideration the schedule of planned local drainage facility improvement construction contemplated in the adopted capital improvement program and shall be made at the sole discretion of the City Council. The amount of reimbursement shall be limited to the actual cost, including engineering and other costs, of such facilities at the time they are constructed. The term of reimbursement agreements shall not exceed 10 years. The payment of any reimbursement shall be limited to the extent that funds are available through the collection of the PLDA fees. If the amount of reimbursement exceeds the cost of the facility as estimated in the master drainage plan including the adjustments provided for in Section
15.08.040(B), then the City Council shall revise the facility fee schedule accordingly. The developer requesting reimbursement shall pay or receive appropriate fee credits based upon the revised fee schedule.
(Ord. NS-293 § 2, 1994)
The city may advance money from any available source or fund
for the construction of improvements which would otherwise be paid
for from fees collected pursuant to this chapter and reimburse itself
from future fees.
(Ord. NS-293 § 2, 1994)
This chapter shall be of no further force and effect when the
City Council determines that the amount of fees which have been collected
reaches an amount equal to the cost of the storm drain improvements.
(Ord. NS-293 § 2, 1994)
Notwithstanding anything in this chapter to the contrary, all
planned local drainage area fees for any residential development that
consists of five or more dwelling units and for all new commercial,
office, and industrial buildings or building additions shall only
be paid prior to building permit issuance, or, at the request of the
applicant, deferred until all work required for final inspection has
been completed and all department approvals required for final inspection
have been obtained by the applicant.
If the applicant chooses to defer the payment of fees to prior
to the request for final inspection, then the amount of the fees shall
be based on the fees in effect at the time of the request for final
inspection.
In the event that the city, for any reason, fails to collect
any or all fees prior to final inspection, such fees shall remain
the obligation of the developer and/or the property owner.
(Ord. CS-200 § II, 2013; Ord. CS-271 § II, 2015)