Chapter 1 DRAINAGE FACILITIES FINANCING

The provisions of this Chapter shall only affect those portions of the City that are within the boundaries of an adopted Drainage Plan.

The City Council in adopting a Drainage Plan shall find and determine that development or redevelopment of the property in the Plan Area will require the construction of the facilities described in the Plan Area and that the drainage fees are fairly apportioned within the drainage area.

The drainage fees shall be fairly apportioned based on one of the following: 1) on the basis of benefits conferred on property proposed to be developed or redeveloped, 2) on the need for drainage facilities created by such development and the development of other property in the drainage area, or 3) on the basis of the proportionate storm water run-off from each parcel. Fees to be paid shall not exceed the pro rata share of the amount of the total actual or estimated costs of all facilities within such area which would be assessable on such property if such costs were apportioned uniformly on a per acre basis.

(d)

The City Council, in adopting or amending the Drainage Plan, shall do all of the following:

Identify the purpose of the fee.

Identify the use to which the fee is to be put. If the use is financing public facilities, then the facilities should be identified. The facilities may be identified by reference to any public document which identifies the facilities for which the fee is charged.

§ 811.0110 Fee collection and accounting.

Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed.

(4)

Determine how there is a relationship between the amount of the fees and the cost of the flood control facilities, or portion thereof, attributable to the development on which the fee is imposed.

(e)

Drainage Plans and/or the drainage fee may be adopted by the Council, and thereafter amended at any time, only after holding a public hearing. The requirements of Government Code Section 66004 shall be followed prior to holding a public hearing establishing or modifying a fee for a Drainage Plan.

Except as otherwise provided in Section 811.0120(c), whenever a building permit, grading permit, or other City approval in connection with new construction is requested within the boundaries of a Drainage Plan, the specified drainage fee may be paid on the date of issuance of the building permit, grading permit, or other City approval in connection with new construction, and shall become due and payable at the time of final inspection, or the issuance of the certificate of occupancy, whichever occurs first. If the drainage fee is paid in full on the date of issuance of the building permit, the amount of the drainage fee shall be that which is in effect in the Schedule of Fees for the applicable drainage Plan on the date of payment of such fee. If the drainage fee is not fully paid on the date of issuance of the building permit, the fee, or applicable portion thereof, shall be secured by the recordation of a Deferral Agreement. The amount of the drainage fee secured by the Deferral Agreement shall be that which is in effect in the Schedule of Fees for the applicable drainage plan at the time the fee becomes due and payable, and shall be paid on that date. The drainage fee shall be deposited to the appropriate Drainage Facilities Fund. Any interest income earned by the money in the Drainage Facilities Fund shall also be deposited in the fund.

Drainage fees required by this chapter shall be paid to the City and deposited into a Drainage Facilities Fund. Monies in such funds, including interest, shall be expended solely for the construction and reimbursement for the construction of drainage facilities, including related administration expenses, within the area from which the fees comprising the fund were collected, and/or to reimburse the local agency for the cost of engineering, right of way acquisition and administrative services required to design and construct facilities within the Drainage Plan.

Money may be advanced by the City to design and construct drainage facilities, related administrative services or to acquire necessary right-of-way within the area of an adopted Drainage Plan. Money so advanced shall be reimbursed to the City from the appropriate Drainage Facilities Fund.

(Ord. 279 § 4, 2008)

§ 811.0115 Drainage fee calculation.

Assessed drainage fees shall be based upon the total net area of the parcel. If the parcel has a net area of more than one (1) acre, and it is located within a Residential Land Use District, the maximum fee assessed shall be for one (1) acre.

The amount of fees assessed and the area on which said fee is based shall be determined by the City Planner. The City Planner may require an applicant to submit all information necessary to calculate said fee(s).

(Ord. 279 § 5, 2008)

§ 811.0120 Credit and exceptions.

When required for the implementation of an adopted Drainage Plan, an agreement may be entered into between a developer and the City whereby the developer may advance money for the construction of facilities, or design of such facilities within a Drainage Plan. Subject to the restrictions in subsection (a)(2), the sole security to the developer for repayment of money or other consideration advanced shall be money subsequently accruing in the appropriate Drainage Facilities Fund. Reimbursement shall be for the amount agreed upon in advance only and shall not include interest or other charges. The agreement shall expire ten (10) years after the date it was entered into, and any subsequent money paid into the fund shall accrue to the fund without obligation to a developer whose agreement has expired.

The City may designate that up to ten percent (10%) of the funds collected in a Drainage Facilities Fund be utilized for reimbursement for any agreement entered into pursuant to subsection (a)(1). Other than the amount so designated by the City, Drainage Facilities Funds shall not be used as reimbursement for any agreements authorized by subsection (a)(1).

An agreement may be entered into between a developer and the City whereby considerations such as dedication of right-of-way, actual construction, or design work by a civil engineer may be accepted in lieu of part or all of the payment of drainage fees, the City Council shall find that the alternative is acceptable and is equal to or greater in value than the required fee, prior to approving such an agreement.

Drainage fees shall not be required as a condition of building permits on existing developed parcels for:

Maintenance and repair of existing improvements.

Reconstruction, when permits are issued within two years of the destruction of a structure due to fire, vandalism, wind, earthquakes or other natural or man-made disasters.

Construction of garages, carports, storage buildings, patio covers, swimming pools, and similar structures, accessory to a single-family residence.

(4)

Other construction or reconstruction which does not involve grading causing an increased rate of runoff when such construction or reconstruction falls within the boundaries of the net area described in Section 811.0115 as the “area of the developed portion of the parcel”, as it existed prior to the effective date of an applicable area drainage plan. Applicant shall be responsible for providing sufficient information to establish that the proposed grading would not increase the rate of runoff. Assessment of fees due to such grading shall apply to only the portion of the parcel on which grading would contribute to an increased rate of runoff.

(d)

If a drainage fee for a parcel, or portion thereof, has been previously paid, credit shall be given for such prior payment toward any fee payment required by this chapter.

(e)

The provisions of this chapter shall not be applicable to property subject to other assessments for the same drainage facilities.

§ 811.0125 Surplus and refunds.

After completion of facilities and the payment of all claims from any Drainage Facilities Fund, the City Council shall determine by resolution or other legislative action the amount of the surplus, if any, remaining in any of these funds. Any surplus shall be used, in those amounts as the Council may determine, for one or more of the following purposes:

For transfer to the General Fund of the City, provided that the amount of the transfer shall not exceed five percent (5%) of the total amount expended from the particular fund, and provided that the funds transferred are used to support the operation and maintenance of those facilities for which the fees were collected.

For the construction of additional or modified facilities within the same Drainage Plan.

As a refund in the manner provided in subsection (b), below.

Any surplus remaining shall be refunded as follows:

There shall be refunded to the current owners of property for which a fee was previously collected, the balance of such monies in the same proportion which each individual fee collected bears to the total of all individual fees collected from the particular drainage area;

Where property for which a fee was previously collected has subsequently been subdivided into more than one lot, each current owner of a lot shall share in the refund payable to the owners of the property for which a fee was previously collected in the same proportion which the area of each individual lot bears to the total area of the property for which a fee was previously collected; and

There shall be transferred to the general fund of the City any remaining portion of the surplus which has not been paid to or claimed by the persons entitled thereto within two years from the date either of the completion of the improvements, or the adoption by the City Council of a resolution declaring a surplus, whichever is later to occur.