Chapter 13.15 DRAINAGE FEES

(a) A finding is hereby made by the City Council that there are certain areas in the Ygnacio Valley area of the city where drainage problems do exist. Such drainage problems are also a matter of concern to the county and the City of Walnut Creek, who likewise have lands in Ygnacio Valley lying within their respective territorial boundaries. The three governmental entities are, therefore, desirous of formulating a program that will solve or alleviate the said existing drainage problems.

(b) The county has established Contra Costa County Storm Maintenance District No. 1 as such District is delineated on that certain drainage plan entitled “Contra Costa County Storm Drainage District No. 1,” dated March 20, 1968, on file with the Clerk of the County Board of Supervisors and the Clerk of the city. Such District was formed pursuant to the Storm Drain Maintenance District Act (Statutes 1937, c. 265, p. 566, as amended). The drainage area delineated on said drainage plan is hereby found and declared to be a part of the drainage element of the General Plan for the county and was adopted as such pursuant to Government Code § 66483 (formerly Business and Professions Code § 11543.5). Such drainage plan is hereby adopted as such by the city insofar as it affects any and all lands lying within the territorial boundaries of the city.

(c) The county has established Contra Costa County Storm Drainage District Zone No. 22 as such District is delineated on that certain drainage plan entitled “Contra Costa County Storm Drainage District, Zone 22, East Ygnacio Valley,” dated December 22, 1959, on file with the Clerk of the Board of Supervisors and the Clerk of the city. Such District was formed pursuant to the Contra Costa County Storm Drainage District Act. The drainage area delineated on said drainage plan is hereby formed and declared to be a part of the drainage element of the General Plan of the county and was adopted as such pursuant to Government Code § 66483 (formerly Business and Professions Code § 11543.5). Such drainage plan is hereby adopted as such by the city insofar as it affects any and all lands lying within the territorial boundaries of the city.

(Code 1965, § 7800; Code 2002, § 110-141. Ord. No. 779; Ord. No. 1198)

13.15.020 Construction of facilities; benefits conferred.

It is further found and determined that the subdividing and development of property within the local drainage areas, identified as Contra Costa County Storm Drain Maintenance District No. 1 and Contra Costa County Storm Drainage District Zone 22, will require construction of the facilities described in said drainage plans and that the fees herein provided to be charged are fairly apportioned within said local drainage areas on the basis of benefits conferred on property proposed for subdivisions and other undeveloped property within the local drainage areas.

(Code 1965, § 7801; Code 2002, § 110-142. Ord. No. 779; Ord. No. 1198)

13.15.030 New facilities to be supplemental to existing facilities.

The drainage facilities planned are hereby found to be in addition to existing local drainage facilities serving the area at the time of the adoption of the drainage plan for the area.

(Code 1965, § 7802; Code 2002, § 110-143. Ord. No. 779)

13.15.040 Uniformity of fees.

The fees herein provided are apportioned uniformly on a per-acre basis, and the total of all fees collectible hereunder does not exceed the total estimated costs of all drainage facilities to be constructed in the local drainage area.

(Code 1965, § 7803; Code 2002, § 110-144. Ord. No. 779)

13.15.050 Payment of fee prior to issuance of building permit.

No building permit for construction having a valuation of $2,500.00 or more, within the local drainage areas, shall be issued by the Building Official until the fee herein provided for the drainage district within which the construction will occur has been paid. The Building Official may accept cash, or other consideration (in the form of actual construction of a part of said drainage facilities by the applicant or his principal) in lieu of the payment of fees. The valuation of construction for the purpose of this section shall be based on the table of valuation, as referred to by Title 15 of this Code, and shall be used to determine the building permit fee.

(Code 1965, § 7804; Code 2002, § 110-145. Ord. No. 779; Ord. No. 1198)

13.15.060 Payment of fees for subdivisions.

In the case of a new subdivision, the subdivider shall pay the acreage fees prior to recordation of the final map and payment of said fees shall be a condition of approval of said final map. The fees may be paid on the entire proposed subdivision or on each individual unit for which a final map is filed. The fees in the case of a subdivision may be paid to either the Building Official or the Department of Public Works, along with the other fees submitted with the subdivision improvement plans. The Building Official or the Department of Public Works may accept cash, or other consideration (in the form of actual construction of a part of said drainage facilities by the applicant or his principal) in lieu of the payment of fees.

(Code 1965, § 7805; Code 2002, § 110-146. Ord. No. 779)

13.15.070 Disposition of fees; restriction on use of funds.

All fees collected hereunder shall be forwarded to the County Treasurer to be deposited to the account relating to the district within which the building permit has been issued. These accounts shall be the Planned Local Drainage Facilities Fund, Storm Drain Maintenance District No. 1 and the Planned Local Drainage Facilities Fund, Storm Drainage District Zone 22. All monies placed in these funds shall be expended solely for the construction or reimbursement for construction of local drainage facilities with [within] the respective local drainage area.

(Code 1965, § 7806; Code 2002, § 110-147. Ord. No. 779; Ord. No. 1198)

13.15.080 Amount of fee.

The fees imposed hereunder shall be $360.00 per acre. Each fee shall be determined by multiplying the fee per acre by the total acreage of the parcel or tract calculated to the nearest one hundredth of an acre. The acreage of individual parcels shall include the area to the middle of all streets on which the parcel has frontage and the owner of said parcel owns the underlying fee to the middle of said streets. The acreage of tracts, including both subdivisions and minor subdivisions, shall include the gross tract area, plus the area to the middle of existing streets peripheral to the tract where the owners of property within said tract also own the underlying fee to the middle of the peripheral streets.

(Code 1965, § 7807; Code 2002, § 110-148. Ord. No. 779)

13.15.090 Portion of parcel subject to fee.

No parcel of land shall be subject to payment of an acreage drainage fee under the terms of this article more than once. In the case of parcels of five acres or smaller, the fee for the entire parcel shall be paid when a building permit is obtained. In the case of a parcel larger than five acres, the fee due shall be based on the minimum parcel size for the zoning currently encompassing the parcel. The fee shall be applied to that minimum area immediately surrounding the structure for which the building permit is required. The remainder of the parcel will be subject to payment of acreage fees whenever it is subdivided or additional building permits are obtained.

(Code 1965, § 7808; Code 2002, § 110-149. Ord. No. 779)

13.15.100 Apportionment of fees for partially developed subdivisions.

Notwithstanding anything to the contrary contained in this article, whenever any parcel of land is split or subdivided and one or more of the recorded lots has been already improved with residential, commercial, or industrial structures, then that portion of the drainage fee attributable to such improved lot shall be deducted from the amount due for the whole of the property subdivided; provided, however, that this section shall not apply if the person having an interest in the improved lot is applying for a building permit pursuant to section 13.15.050 herein.

(Code 1965, § 7809; Code 2002, § 110-150. Ord. No. 901)

Article II. Local Drainage Areas

13.15.110 Purpose.

The continual development of real property in the city has placed a serious demand upon its existing storm drain facilities. In order to provide an equitable manner of apportionment of the cost of future development of such facilities, the city has determined that local drainage areas be established in the city, and that, where applicable, fees be collected on a per-acre basis in order to defray the cost of future storm drain facilities.

(Code 1965, § 7810; Code 2002, § 110-171. Ord. No. 856)

13.15.120 Local drainage areas established.

The drainage plans entitled “Drainage Area Boundary Improvements,” Nos. 5, 7, 23, 24 and 90, respectively, dated July 9, 1971, and as revised on April 1, 1981, and as further revised on August 1, 1989, consolidating Drainage Area No. 21 into new Local Drainage Area No. 92; and drainage plan entitled “Drainage Area Boundary and Improvements,” No. 3, as revised October 9, 1973, and as further revised on August 1, 1989, consolidating it into new Local Drainage Area No. 92; and drainage plan entitled “Drainage Area No. 50--Boundary and Improvements,” dated July 9, 1975, on file with the City Clerk, are hereby found and declared to be part of the Public Services element of the General Plan of this city and said drainage area plans are adopted as such pursuant to Government Code § 66483.

(Code 1965, § 7811; Code 2002, § 110-172. Ord. No. 856; Ord. No. 962; Ord. No. 1011; Ord. No. 1195; Ord. No. 89-21)

13.15.130 Construction of facilities; benefits conferred.

It is found and determined that subdivision of property or division of land not defined as a subdivision and/or development of property within these local drainage areas will require construction of the facilities described in said drainage area plans, and that the fees herein provided to be charged are fairly apportioned within said local drainage areas on the basis of benefits conferred on property proposed for subdivision and/or development within these local drainage areas.

(Code 1965, § 7812; Code 2002, § 110-173. Ord. No. 856)

13.15.140 Uniformity of fees.

Within each local drainage area, the fees herein provided are apportioned uniformly on a per-acre basis, and the total of all fees collectible within each area does not exceed the total estimated costs of all drainage facilities to be constructed in said area.

(Code 1965, § 7813; Code 2002, § 110-174. Ord. No. 856)

13.15.150 New facilities to be supplemental to existing facilities.

The drainage facilities planned are hereby found to be in addition to existing local drainage facilities serving the area at the time of the adoption of the drainage plan for the area.

(Code 1965, § 7814; Code 2002, § 110-175. Ord. No. 856)

13.15.160 Payment of fees prior to issuance of building permit.

No building permit for construction having a valuation of $20,000.00 or more within the local drainage area shall be issued by the Building Official until the fee as set forth in the Master Resolution of Fees and Charges for Various Municipal Services has been paid. The Building Official may accept cash, or other consideration (in the form of actual construction of part of said drainage facilities by the applicant or his principal) in lieu of payment of fees. The valuation of construction for the purpose of determining the $20,000 threshold shall be determined pursuant to chapter 15.10 (Uniform Building Code) of this Code. Fees shall be adjusted annually based upon the Construction Cost Index for the San Francisco Bay Area published in the most current edition of the Engineering News Record.

(Code 1965, § 7815; Code 2002, § 110-176. Ord. No. 856; Ord. No. 996; Ord. No. 1214; Ord. No. 07-2)

13.15.170 Payment of fees for subdivisions.

In the case of a new subdivision, the subdivider shall pay the acreage fees prior to recordation of the final map and payment of said fees shall be a condition of approval of said final map. The fees may be paid on the entire proposed subdivision or on each individual unit for which a final map is filed. The fees, in the case of a subdivision, shall be paid to the Department of Public Works, along with the other fees submitted with the subdivision improvement plans. The Director of Public Works may accept cash, or other consideration (in the form of actual construction of a part of said drainage facilities by the applicant or his principal) in lieu of the payment of fees.

(Code 1965, § 7816; Code 2002, § 110-177. Ord. No. 856)

13.15.180 Disposition of fees; restriction on use of funds.

All fees collected hereunder shall be made payable to the city, forwarded by the Building Official to the City Finance Director, and recorded to the account of Local Drainage Area 5, 7, 23 and 24, 50, 90 and 92, respectively, which are hereby designated the Local Drainage Area Facilities Funds. Monies in said fund shall be expended solely for the construction of drainage facilities within each particular local drainage area.

(Code 1965, § 7817; Code 2002, § 110-178. Ord. No. 856; Ord. No. 1011; Ord. No. 1195; Ord. No. 89-21)

13.15.190 Amount of fee; determination of fee.

(a) The fees imposed for local drainage area Nos. 5, 7, 23, 24, 50, 90, and 92 shall be as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.

(b) Each fee shall be determined by multiplying the fee per acre by the total acreage of the parcel or tract calculated to the nearest 1/100 acre. The acreage of individual parcels shall include the area to the middle of all streets on which the parcel has frontage and the owner of said parcel owns the underlying fee to the middle of said streets. The acreage of tracts, including both subdivisions and minor subdivisions, shall include the gross tract area, plus the area to the middle of existing streets peripheral to the tract where the owners of property within said tract also own the underlying fee to the middle of the peripheral streets.

(Code 1965, § 7818; Code 2002, § 110-179. Ord. No. 856; Ord. No. 1011; Ord. No. 1195; Ord. No. 89-21)

13.15.200 Portion of parcel subject to fee.

No parcel of land shall be subject to payment of an acreage drainage fee, under the terms of this article, more than once. In the case of parcels of one acre or smaller, the fee for the entire parcel shall be paid when a building permit is obtained. In the case of a parcel larger than one acre, the fee due shall be based on the area required for the new improvements, including landscaping, driveways, and parking lots, or in one acre increments for each building permit, whichever is larger, until the fee for the entire parcel is paid.

(Code 1965, § 7819; Code 2002, § 110-180. Ord. No. 856)

13.15.210 Apportionment of fee for partially developed subdivisions.

(Code 1965, § 7820; Code 2002, § 110-181. Ord. No. 901)