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.
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)