Division III. Storm Drainage
Chapter 13.44
STORM DRAINAGE FACILITIES
Sections:
13.44.010 Lack of facilities declared prejudicial to public health.
13.44.020 Definitions.
13.44.030 Construction – Required when.
13.44.040 Construction – Subdivider requirements and city specifications.
13.44.050 Stormwater drainage fees – Required when.
13.44.060 Stormwater drainage fees – Payment time – Special agreements and computations.
13.44.070 Construction – Security deposit required when.
13.44.080 Approval and acceptance – Authority of city engineer and building official.
13.44.090 Drainage fees and credits – Established by resolution – Adjustments.
13.44.100 Drainage fees and credits – Basis for granting credits.
13.44.110 Appeal procedures.
13.44.010 Lack of facilities declared prejudicial to public health.
The lack of adequate subsurface stormwater drainage facilities in the City is found and declared to be prejudicial to the public health, safety and welfare of the inhabitants of the City. (Ord. 2065 § 1(A), 2018; 1960 code § 18A.1)
13.44.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
“Building site” means any lot or parcel or real property in its entirety on which an improvement may be lawfully constructed.
“Impervious area” means any improvement which creates an increased runoff. The surface of an impervious area includes but is not limited to a surface composed in whole or in part of asphalt, concrete, compacted gravel, or other nonporous or semiporous substance or substances which will cause, assist or in any way contribute to the runoff in any appreciable amount or quantity of water or any associated liquid elements.
“Improvement” means any building or site construction or work which creates an impervious surface on the real property, causing an increased runoff. Improvement includes, but is not limited to, buildings or other structures, parking lots, highways, interchanges, public and private roads, sidewalks, driveways, alleys, ways, walks, and other paved areas.
“Person” means any partnership, association, corporation or joint venture.
“Stormwater drainage facilities” means such pipes, drains, manholes, culvert crossing improvements with associated erosion control measures under city roadways, maintenance roads, trails or state highways and appurtenances needed as a result of new development as identified in the City’s latest storm drain master plans as may be specified by the city engineer, furnished pursuant to standard engineering and hydraulic principles, to carry stormwaters with reasonable safety. The design and capacity of such lines shall be governed by the City’s latest storm drain master plans and facilities planning guidelines.
“Stormwater unit connection fee” means the base stormwater drainage connection fee for each square foot of impervious area. That rate, when multiplied by the impervious area, yields the stormwater drainage fee.
“Subdivider” means any person who is required by law to submit a subdivision map or a parcel map for approval to the City, and thereafter divides the larger parcel of real property covered thereby into two or more smaller parcels pursuant to such approval.
“Tract” means a subdivision tract, building site, lot or parcel of land, or a combination thereof. (Ord. 2065 § 1(A), 2018; Ord. 1923 § 1 (Exh. A), 2010; Ord. 1741 § 1, 2004; 1960 code § 18A.2)
13.44.030 Construction – Required when.
Every person who constructs or causes to be constructed any building on any building site in the City shall construct adequate stormwater drainage facilities along the street frontage or frontage thereof in accordance with specifications therefor approved by the city engineer. (Ord. 2065 § 1(A), 2018; 1960 code § 18A.3(a))
13.44.040 Construction – Subdivider requirements and city specifications.
Every subdivider shall construct adequate stormwater drainage facilities in tract and off tract prior to the final acceptance of the public works improvements in such subdivision, or the construction of any building thereon, in accordance with specifications therefor approved by the city engineer and made a part of the design of such subdivision by incorporation in the subdivision agreement. (1960 code § 18A.3(b))
13.44.050 Stormwater drainage fees – Required when.
A. Fee Required. In addition to the requirement for adequate stormwater drainage facilities set forth in LMC 13.44.030 and 13.44.040, every person or subdivider who constructs or causes to be constructed any impervious area shall pay a stormwater drainage fee to the City based on the total square footage of new impervious area multiplied by the stormwater unit connection fee per square foot of impervious area. The stormwater unit connection fee shall be based on a study of stormwater connection fees.
B. Storm Drainage Fund. The stormwater drainage fee will be deposited in the storm drainage fund for the purpose of providing capital funds for the expansion of the stormwater drainage facilities, the servicing of bonded indebtedness for such purpose, and the reimbursement of persons installing stormwater drainage facilities of excess capacity.
C. Benefit Districts. Any stormwater drainage fee collected in any area where a stormwater drainage benefit district has been established shall be accrued and paid as provided by applicable city ordinance provisions or agreement, if such exists, to the person or subdivider constructing the storm drain improvement involved in the district. (Ord. 2065 § 1(A), 2018; Ord. 1923 § 1 (Exh. A), 2010; Ord. 1741 § 2, 2004; 1960 code § 18A.3(c))
13.44.060 Stormwater drainage fees – Payment time – Special agreements and computations.
A. The stormwater drainage fee required to be paid as provided in LMC 13.44.050 shall be paid prior to the issuance of a building permit for any building or improvement on any building site. In the event that real property is subdivided pursuant to a final tract map, the subdivider thereof shall pay the stormwater drainage fee required by this chapter at the time that the final improvements are accepted by the City. The land usage shall be determined by reference to applicable zoning district maps. In the event that such zoning district map allows the use of any parcel or parcels of land covered by such final subdivision tract map for other than residential purposes, the fee payable shall be computed pursuant to LMC 13.44.090.
B. Provided further, upon agreement with the City Council, the provisions of which are incorporated in the subdivision agreement, the subdivider may be allowed to postpone all or a part of the required stormwater drainage fee until one or more building permits are issued for buildings or other improvements to be located on real property within the subdivision. In the event of such an agreement, if the subdivider sells or conveys any building site within such subdivision prior to the issuance of a building permit, the stormwater drainage fee attributable to such building site shall become due and payable, and shall be paid to the City prior to such conveyance or sale, unless consent to the postponement of such payment is obtained from the City Council.
C. In the event that a stormwater drainage fee becomes due and payable pursuant to the provisions of LMC 13.44.030 through 13.44.070, but cannot be exactly computed because the amount of impervious area has not been determined, such fee shall be calculated on the basis that 80 percent of the building site will be impervious, and the fee should be paid on that basis. When a building permit for such building site is actually taken out, the stormwater drainage fee shall be calculated as provided in LMC 13.44.090 and the difference between the actual fee due and that paid determined. If the fee paid is less than that due, the subdivider shall pay such difference prior to the issuance of the building permit. If the subdivider has made an overpayment, he shall be entitled to reimbursement for the amount thereof.
D. Industrial Development. A developer of industrial property may elect to pay the required fee in either of the two methods provided below:
1. Letter of Credit. The developer of an industrial property may pay the fee, at 20 percent each year, over five years. Under this alternative, the developer shall post a letter of credit, in a form approved by the City Attorney, for: (a) the full amount of the fee; plus (b) a two percent administrative charge; plus (c) interest for the projected unpaid balance over the five years. The interest rate shall not exceed the interest rate established in the California Government Code. The developer shall replace the letter of credit each year to add the annual fee increase represented by the Engineering News Record (ENR) 20-City Construction Cost Index.
2. By Agreement. Instead of payment at the time of building permit, a developer may elect to pay the required fee before the first certificate of occupancy is issued or within two years, whichever is sooner, subject to all of the requirements of this subsection.
a. General Requirement. If a developer chooses this option, before a building permit is issued, he or she shall: (i) enter into a written agreement with the City; and (ii) record the agreement with the Alameda County recorder.
b. Contents of Agreement. The agreement shall be signed by the property owner and shall include the following provisions, in a form prepared by the City Attorney:
i. A legal description of the property;
ii. A provision that the agreement runs with the land and is enforceable against successors in interest;
iii. That the agreement shall be recorded in the grantor-grantee index in the name of the City as grantee and in the name of the property owner as grantor;
iv. A provision that the owner shall pay the fee before a certificate of occupancy is issued, or within two years, whichever is sooner;
v. The amount of the fee due at the time of the agreement;
vi. A provision that the amount of the fee due will be the amount of the fee due on the date of the agreement plus a periodic increase based on the Engineering News Record (ENR) 20-City Construction Cost Index. The amount of any fee paid more than two years after the date of the building permit is the amount of the fee in effect when the fee is paid; and
vii. A requirement that, with the opening of any escrow for the sale of the property, the property owner provide appropriate notification and escrow instructions that the fee be paid to the City from the sale proceeds in escrow before disbursing proceeds to the seller.
c. Release of Obligation. When the obligation is paid in full, the City shall record a release of obligation.
d. Authorization. The Community Development Department Director is authorized to sign the agreement and the release of obligation under this subsection (D)(2) of this section.
E. Deferred Fee Program. The City Council may, by resolution, adopt administrative guidelines to provide a special fee deferral program in response to unprecedented conditions such as extraordinary economic changes. (Ord. 2065 § 1(A), 2018; Ord. 2045 § 1(A), 2016; Ord. 2016 § 1(B), 2015; Ord. 1879 § 2, 2009; Ord. 1765 § 4, 2005; 1960 code § 18A.3(d))
13.44.070 Construction – Security deposit required when.
Whenever the cost of an adequate subsurface stormwater drainage facility exceeds $500.00, the city engineer may require the person or subdivider constructing such facility to furnish a good and sufficient improvement security, securing the faithful performance of the construction work and securing the payment to laborers and material men for labor and materials furnished. Such improvement security shall be a cash deposit, a bond or an instrument of credit, as defined by Section 11612 of the Business and Professions Code, and shall be in the minimum and maximum amounts provided for in that section. The improvement security shall be released or reduced in the manner provided by such Section 11612. (1960 code § 18A.3(e))
13.44.080 Approval and acceptance – Authority of city engineer and building official.
A. The city engineer shall not recommend the final acceptance of subdivision improvements unless in-tract and off-tract storm drainage facilities have been constructed as provided in this chapter, and all storm drainage fees have been paid or provision therefor has been made.
B. The building official shall issue no final inspection approval and shall not authorize any public utility connection to any such building unless adequate stormwater drainage facilities have been constructed in tract and off tract, and the stormwater drainage fee paid as provided in this chapter. (1960 code § 18A.4)
13.44.090 Drainage fees and credits – Established by resolution – Adjustments.
The stormwater drainage fees and credits shall be established by resolution of the City Council. Periodically, the Council may restudy and recalculate the fees.
The schedule of fees and credits shall be automatically adjusted annually based on the Engineering News Record (ENR) 20-City Construction Cost Index. (Ord. 2065 § 1(A), 2018; Ord. 1765 § 5, 2005; Ord. 1741 § 3, 2004; 1960 code § 18A.5)
13.44.100 Drainage fees and credits – Basis for granting credits.
A. Credit for Improvements Constructed. Any person or subdivider who constructs any improvement on any building site on previously subdivided land shall be granted credit toward the stormwater drainage fee provided in this chapter based upon the existing impervious surface square footage multiplied by the current stormwater unit connection fee. Credit shall also be granted toward such fee for the cost of stormwater drainage facilities previously constructed by a subdivider requesting credit pursuant to this section for any stormwater drainage facilities needed for future development as identified in the City’s latest storm drain master plans. The credit for the constructed facilities shall be based and computed upon the city-approved credit schedule established annually by the city engineer. The subdivider shall be granted such credit only if the building site is directly benefited by the facility, which may be in the same or a different subdivision.
B. No Credit for Arroyos. No credit or exemption shall be granted or allowed in the computation of any fee provided in this chapter for any facility constructed on a major arroyo, i.e., those arroyos or stream beds which will ultimately carry in excess of 400 cubic feet of water per second, and are under the jurisdiction of the county water and flood control district and the Corps of Engineers unless said stormwater drainage facility in the arroyo or streambed is a culvert crossing improvement with associated erosion control measures under a city roadway, maintenance road, trail or state highway needed for future development as identified in the City’s latest storm drain master plans. (Ord. 2065 § 1(A), 2018; Ord. 1923 § 1 (Exh. A), 2010; Ord. 1741 § 4, 2004; 1960 code § 18A.6)
13.44.110 Appeal procedures.
Any applicant for a building permit from the City for a building or dwelling who feels aggrieved by the amount of the fee or the necessity of the installation of adequate subsurface stormwater drainage facilities, as provided for in this chapter, shall have the right to appeal such grievance to the City Council, within 10 days after the determination thereon shall have been made by the city engineer, and the City Council shall hear such appeal within 30 days after the date of the filing of the appeal with the city clerk. The City Council shall have and is hereby granted the right to use its discretion to either sustain the action of the city engineer or to modify the action or, upon the presentation of evidence satisfactory to the City Council, to excuse the applicant from the construction or payment of the fee required for construction of such adequate subsurface stormwater drainage facility, and the determination of the City Council thereon shall be final and conclusive. (Ord. 2065 § 1(A), 2018; 1960 code § 18A.8)