Chapter 15.90
DRAINAGE IMPACT FEE
Sections:
15.90.010 Findings and purpose.
15.90.030 Drainage impact fee.
15.90.040 Administration of drainage impact fund.
15.90.050 Payment of drainage impact fee.
15.90.060 Amount of drainage impact fee.
15.90.090 Inflationary adjustments.
15.90.100 Authorization of credits.
15.90.120 Procedure for credits.
15.90.130 Apportionment of credits.
15.90.140 Criteria for reimbursement.
15.90.150 Procedure for reimbursement.
15.90.160 Credit and reimbursement agreements.
15.90.010 Findings and purpose.
A. On May 19, 1992, the city council of the city of Winters approved and adopted its general plan (the “general plan”) identifying proposed growth within the city limits and further identifying the impacts of said growth upon health, safety and public facilities within the city including the impacts on flooding and the city’s drainage system.
B. City of Winters General Plan, Land Use Policy No. 1.A.9, states that, “No new development may occur within the flood-overlay area shown in Figure II-1 until a feasibility and design study for a comprehensive solution to the 100-year flooding problem has been completed and a fee schedule has been established or financing program adopted which includes all affected and contributing properties for financing the comprehensive flood control solution.” Further, General Plan, Health and Safety Policy VII.B.4, states that, “To mitigate flooding impacts associated with Moody and Chickahominy Sloughs, the city shall require property owners who are affected by or contributing to such flooding to participate in the development and implementation of a comprehensive solution to the flooding problem in proportion to their relative contribution to the flooding problem or benefit from the program adopted.”
C. General Plan, Public Facilities and Services Element Goal IV.D, states that it is the city’s goal, “To maintain an adequate level of service in the City’s storm drainage system to accommodate runoff from existing and future development and to prevent property damage due to flooding.” General Plan, Health and Safety Element Goal VII.B, states that it is the city’s goal, “To prevent loss of life, injury and property damage due to flooding.”
D. The city of Winters commissioned the engineering firm of Wood Rodgers, Inc., to prepare the Moody Slough Sub-basin and Putah Creek/Dry Creek Sub-basins Drainage Reports, dated September 9, 2009. These reports identify a comprehensive flood solution, including the storm drainage facility requirements and estimated costs of the facilities needed to serve new development within the flood overlay area. The Draft Storm Drainage Costs Allocation Report, prepared by Wood Rodgers, Inc., and dated September 9, 2009, contains a cost allocation of the needed facilities within the various zones of the flood overlay area, through build-out of the city’s general plan. These reports are collectively referred to as the “Wood Rodgers Reports.”
E. In order to further determine the need for drainage facilities created by new development and to spread the cost of such facilities among those who create the need or benefit from such facilities, the city commissioned the firm of Economic and Planning Systems, Inc., to prepare the Flood Area Storm Drainage Development Impact Fee Nexus Study, dated November 4, 2005. This study, utilizing information contained in the Wood Rodgers Reports, calculated the fees for the various zones within the flood overlay zone needed to fund the requisite facilities.
F. Analysis of the land uses expected at buildout of the city pursuant to the general plan makes it possible to estimate the level of residential, commercial, industrial and other development. It is therefore possible to arrive at a fee which equitably spreads the burden of financing drainage facilities to those who create the need for, or benefit from, such facilities. It is the intent of this chapter to create such a fee. The purpose of this chapter is to implement the requirements of the general plan and, under the authority of Article XI, Section 7, of the California Constitution, and consistent with the provisions of the Mitigation Fee Act (California Government Code Section 66000 et seq.), to establish the appropriate method of ensuring that sufficient funding for drainage facilities is available to serve residential, industrial, commercial and other growth in the flood overlay area of the city. The flood overlay area as shown in Figure II-1 of the general plan is referred to in this chapter as the “flood area.”
G. The failure to impose the conditions and regulations of this chapter relating to payment of the fee on final maps or building permits would jeopardize residents of the community, in that it would permit construction and development to proceed without adequate drainage facilities or means of financing such facilities.
H. The cost estimates set forth in the Flood Area Storm Drainage Development Impact Fee Nexus Study (“nexus study”) are reasonable cost estimates for constructing the drainage facilities specified therein, and the fees which may be generated by new development will not exceed the total of these construction costs made necessary by such new development. The fees established by this chapter have been calculated in the manner called for in the nexus study in order that the cost of needed facilities is borne by the type of development causing the need.
I. Based upon all evidence and testimony presented, including the Wood Rodgers Reports and the nexus study, the city council hereby finds that there is a clear and demonstrated relationship between the use of the fees provided for herein, namely the construction of drainage facilities, and the types of projects upon which the fees are to be imposed. Development will generate a need for additional drainage infrastructure as described in the nexus study.
J. Based upon all evidence and testimony presented, including the Wood Rodgers Reports and the nexus study, the city council hereby finds that there is a reasonable relationship between the need for drainage facilities, and the type of development projects upon which the fee is to be imposed, namely new residential, industrial and commercial construction. From careful consideration of the matter, the city council finds that (1) new development will adversely impact the drainage within the flood area, (2) will create a need for additional drainage facilities, and (3) the construction of drainage facilities, as set forth in the Wood Rodgers Reports and the nexus study, are appropriate to serve such new development in light of these impacts.
K. Based upon all evidence and testimony presented, including the nexus study, the city council finds that there is a reasonable relationship between the amount of the fees as provided for in this chapter and the cost of drainage facilities, made necessary by new development. Further, the city council finds that the manner in which the fee is allocated upon new development is fair and does not exceed the cost of providing drainage facilities for new development.
L. The establishment of this drainage impact fee is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15273, in that there is no possibility that the establishment of this fee may have a significant effect on the environment, and further because the purpose of establishing this fee is to assist the city in maintaining services within its jurisdictional boundaries. This exemption is specifically based upon the following facts:
1. The environmental impacts of the facilities described in the nexus study, including cumulative and growth-inducing impacts, have been identified in the Final Environmental Impact Report (the “EIR”) prepared for the 1992 General Plan and certified by the city council in Resolution No. 1992-13.
2. The establishment of this fee will not create a need for additional drainage facilities.
3. Prior to action on site-specific new development or drainage infrastructure, subsequent environmental review will be undertaken as necessary pursuant to the California Environmental Quality Act.
4. The establishment of this fee does not commit the city to any definite course of action and does not dictate how funds will be spent, or in any way narrow the field of options and alternatives available to the city.
M. The fee established by this chapter is in addition to any other fees or charges or taxes required by law or city code or as a condition of development. (Ord. 2021-03 § 5 (Exh. B))
15.90.020 Definitions.
The following words are defined for purposes of this chapter as follows:
A. “Building permit” means the permit issued or required by the city for the construction of any structure pursuant to this title.
B. “Director” means the public works director.
C. “Facilities” means the drainage improvements or infrastructure generally identified in the Wood Rodgers Reports and the nexus study, and more specifically determined from time to time by the city council.
D. “Fee” or “drainage impact fee” means the fee(s) established by this chapter.
E. “General plan” refers to the city of Winters general plan adopted by the Winters city council in 1992, including all subsequent updates and amendments. (Ord. 2021-03 § 5 (Exh. B))
15.90.030 Drainage impact fee.
There is hereby established a drainage impact fee which shall be imposed on all new development that will be served by the new facilities. This fee shall be imposed on all development within the city, unless such property is otherwise exempt as provided for in Section 15.90.070. The fee established by this chapter is in addition to any other fees or charges or taxes that are required by law or city code as a condition of development. (Ord. 2021-03 § 5 (Exh. B))
15.90.040 Administration of drainage impact fund.
A. The director of financial management is directed to establish a special fund entitled the drainage facilities fund. All fees collected pursuant to this chapter shall be deposited in this fund and shall be expended solely to:
1. Pay for the construction of the facilities, or to reimburse the city for facilities constructed by the city with funds advanced by the city from other resources; or
2. Reimburse developers who have been required or permitted to install facilities which are oversized with supplemental size, length or capacity.
B. The city council, as part of the annual budget and capital improvements programming process, shall, each year, identify the facilities anticipated to be funded in whole or in part with the drainage impact fees collected, and appropriate funds accordingly. (Ord. 2021-03 § 5 (Exh. B))
15.90.050 Payment of drainage impact fee.
Except as otherwise provided by this chapter the fee imposed pursuant to this chapter shall be paid prior to the approval of a final map, unless no final map is required for the development, in which case the fee shall be paid at or prior to the issuance of any building permit for development subject to this chapter. (Ord. 2021-03 § 5 (Exh. B))
15.90.060 Amount of drainage impact fee.
A. The amount of the drainage impact fee hereby established shall be set by resolution adopted by the city council, which may be amended from time to time, as the city council deems necessary and appropriate. The resolution setting the amount of the fee shall list the types of development subject to the fee (i.e., residential, commercial, industrial); identify the eight different drainage zones within the city; and set the fee for each type of development within the various zones of the flood area on a per acre basis, in accordance with the nexus study.
B. If the proposed development covers fifty (50) percent or more of a parcel, then the fee shall be computed based upon the gross acreage of the parcel. If the proposed development covers less than fifty (50) percent of a parcel, then the fee shall be computed based only upon the covered area of the parcel; however, at such time as development progresses to the point where it covers fifty (50) percent or more of the parcel, then the balance of the fee shall be due for the remainder of the parcel. The balance of the fee shall be computed by figuring the total fee based upon the gross acreage of the parcel and subtracting the portion of the fee already paid to the city.
C. For the purposes of this section, the term “covers” shall include the horizontal area of buildings, structures, roads, parking areas, any impervious surfaces, residential yards (front, side and rear) and landscaped areas. (Ord. 2021-03 § 5 (Exh. B))
15.90.070 Exemptions.
A. No fee shall be charged for the following types of development:
1. Development under construction for which a valid building permit is in force upon the effective date of the ordinance codified in this chapter unless such building permit contains an express condition requiring the payment of this fee.
2. Development within a subdivision subject to a development agreement entered into between the developer and the city under Government Code Section 65864 et seq., which agreement is in full force and effect and expressly prohibits the imposition of additional fees pertaining to drainage facilities, unless amended.
3. Development within a subdivision subject to a vested tentative subdivision map under Government Code Section 66498 which prohibits the imposition of the fee imposed by this chapter.
4. Existing development, including additions or modifications to existing residential buildings.
5. Public and quasi-public development, other than the development of schools.
6. Development outside the boundaries of the flood area.
B. Additions to existing commercial or industrial buildings or structures shall be subject to the fee established by this chapter. (Ord. 2021-03 § 5 (Exh. B))
15.90.080 Annual fee review.
A. In accordance with Government Code Section 66006, within one hundred eighty (180) days after the last day of each fiscal year, the city shall make available to the public the following information for the fiscal year:
1. A brief description of the type of fee in the account or fund;
2. The amount of the fee;
3. The beginning and ending balance of the account or fund;
4. The amount of fees collected and the interest earned;
5. An identification of each facility on which the fees were expended and the amount of the expenditures on each improvement, including a total percentage of the costs of the facility that was funded with fees;
6. An identification of the approximate date by which the construction of the facility will commence if the city determines that sufficient funds have been collected to complete financing on an incomplete facility;
7. A description of each interfund transfer or loan made from the account or fund, including the facility on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan;
8. The amount of refunds made pursuant to Government Code Section 66001(e) and any allocations pursuant to Government Code Section 66001(f);
9. Other such data, analysis or recommendations that the city manager may deem appropriate or as requested by the city council.
B. The city council shall review the above information at the next regularly scheduled public meeting not less than fifteen (15) days after this information is made available to the public. Notice of the time and place of the meeting, including the address where the above information may be reviewed, shall be mailed, at least fifteen (15) days prior to the meeting, to any interested party who files a written request with the city for mailed notice of the meeting.
C. The city council shall also, at the same noticed public meeting, by resolution, update any of the above information, including the identified facilities to be constructed with drainage impact fees. (Ord. 2021-03 § 5 (Exh. B))
15.90.090 Inflationary adjustments.
The fee established by this chapter shall automatically be adjusted on July 1st of each year by a percentage equal to the average of the change in the San Francisco Consumer Cost Index (“CCI”) and the change in the twenty (20) city CCI as reported in the Engineering News-Record for the twelve (12) month period ending in March of the current year. The determination shall be reported in writing to the city council by the director on or about June 30th of each year or as soon as the information is available. (Ord. 2021-03 § 5 (Exh. B))
15.90.100 Authorization of credits.
Whenever a person constructs and/or finances the construction of facilities authorized by this chapter, in accordance with improvement plans approved by the director, then such person may be entitled to a credit against fees, subject to the provisions of this chapter. (Ord. 2021-03 § 5 (Exh. B))
15.90.110 Amount of credits.
Unless otherwise set forth in this chapter, the amount of credits authorized for the construction of a facility shall be determined by the director based on recent competitive bids, but shall not exceed the actual cost of construction or the total cost estimate (as adjusted for inflation) for the facility in the nexus study, whichever is less. (Ord. 2021-03 § 5 (Exh. B))
15.90.120 Procedure for credits.
A. Any person desiring and eligible for credits for the construction of facilities shall execute an agreement with the city authorizing credits. Agreements for credits in an amount of twenty thousand dollars ($20,000.00) or greater must be approved by the city council. Agreements for credits in an amount less than twenty thousand dollars ($20,000.00) may be approved by the city manager or his/her designee.
B. Tentative credits may, if authorized in a credit agreement, be allocated prior to the acceptance of facilities, so that they may be subtracted from fees at the time fees are paid. Credits shall be adjusted as necessary at the time the facilities are accepted by the city. The person receiving tentative credits shall agree that if the facilities are not accepted by the city, all tentative credits allocated shall be reimbursed to the city within sixty (60) days of notice of non-acceptance of the facilities. The person receiving tentative credits shall further agree that if tentative credits allocated exceed the final credits, the excess amount shall be reimbursed to the city within sixty (60) days of notice of such amount. (Ord. 2021-03 § 5 (Exh. B))
15.90.130 Apportionment of credits.
A. Except as set forth in this section, credits shall only be applied against fees due as a result of development for which the construction of facilities was required or authorized, and in the case of residential development, credits shall be equally apportioned to all lots within the subdivision. Credit agreements may not be assigned without the consent of the city council.
B. Credits may only be apportioned to parcels not within the subdivision if within ninety (90) days from the date that credits are authorized the director determines:
1. The parcel or parcels on which credit is sought are contiguous holdings of an individual or firm at the time construction of facilities is begun;
2. Only credits in excess of the amount of the fees which would have been due on such subdivision or parcel and each subsequent unit thereof within such contiguous holding may be apportioned to other contiguous parcels;
3. The parcel or parcels to which such credits are to be apportioned must be served by the facilities for which credits are authorized;
4. An agreement has been executed between the owner of the contiguous parcels and the city establishing the amount to be credited to each parcel prior to improvement plan approval for the initial parcel.
C. When credits are apportioned, the credit amounts shall be based on the rates in effect on the date improvement plans are approved for the parcel to which credits have been apportioned. (Ord. 2021-03 § 5 (Exh. B))
15.90.140 Criteria for reimbursement.
Except where specifically excluded, whenever credits are authorized for the construction of facilities pursuant to this chapter, and the credit amount exceeds the amount of the fees due pursuant to this chapter, the city shall reimburse the person entitled to such credits in accordance with the provisions of this chapter. (Ord. 2021-03 § 5 (Exh. B))
15.90.150 Procedure for reimbursement.
Excess credits shall only be reimbursed pursuant to the terms of a reimbursement agreement executed by the city and the person entitled to such credits. (Ord. 2021-03 § 5 (Exh. B))
15.90.160 Credit and reimbursement agreements.
A. The credit and/or reimbursement agreement shall include the following terms and conditions:
1. The amount of credits to be applied or excess credits to be reimbursed;
2. The estimated schedule for reimbursement of excess credits, taking into account other outstanding reimbursement agreements, a projection of estimated fees to be paid to the city, and the estimated timing for receipt of such fees. Such schedule shall not exceed five years from the date of acceptance of the facilities by the city, unless funds are not available, as determined by the city manager. If funds are not available when reimbursement is due, payment shall be postponed to the following year;
3. A provision stating that, the estimated schedule for reimbursement notwithstanding, reimbursements shall be prioritized based upon the date of the reimbursement agreement, and when funds are available, each reimbursement shall be paid in full in order of priority;
4. Except as otherwise provided herein, reimbursements shall be paid semi-annually in January and June of each year, based upon available funds;
5. Reimbursement of excess credits of ten thousand dollars ($10,000.00) or less shall be made within sixty (60) days of the acceptance of the facilities by the city;
6. Reimbursement for facilities shall be made exclusively from the drainage facilities fund. City’s obligation to developer is expressly conditioned and contingent upon the availability of monies within said funds, as determined by the city council. Developer shall have no claim against any other source of city revenue, including, but not limited to, general fund moneys. The credit or taxing power of the city is not pledged for the payment of any obligations arising from this agreement;
7. Interest on the unpaid balance of excess credits shall be paid annually in December at the net city treasury pool rate for the prior fiscal year. Interest shall not begin to accrue, however, until one hundred eighty (180) days after the facilities are accepted by the city;
8. The agreement may only be assigned by a written amendment to the agreement executed by the city manager, the assignor(s) and the assignee(s);
9. Notwithstanding any provisions to the contrary, excess credit shall not be reimbursed unless and until the facilities are accepted by the city;
10. Other terms as deemed necessary or appropriate by the city attorney to protect the legal interests of the city.
B. Except as authorized by this section, credit and/or reimbursement agreements must be approved by the city council. If the city council has previously approved a credit agreement with a party, the city manager may approve a reimbursement agreement with the same party if the amount of the reimbursement does not vary from the amount of the credit agreement by more than ten (10) percent. Credit and/or reimbursement agreements for amounts less than twenty thousand dollars ($20,000.00) may be approved by the city manager or his/her designee. (Ord. 2021-03 § 5 (Exh. B))
15.90.170 Refund.
A. If five years after collection any portion of a fee collected pursuant to this chapter is unexpended or uncommitted, the city shall review the fee and the purpose for which it was charged, and make a determination and finding as to the continued need for the fee and the reasonable relationship between the fee and the purpose for which it is intended. This review and findings shall be made once each fiscal year in any year that there are unexpended or uncommitted fees, beginning with the fifth year after the effective date of the ordinance codified in this chapter.
B. If the appropriate finding cannot be made, the city shall cause the fees to be refunded to the then-current owner of record of the project on which the fee was imposed pursuant to Government Code Sections 66001(d) and (e). (Ord. 2021-03 § 5 (Exh. B))