Costa Mesa Municipal Code Ch. III Drainage

The city has adopted and now has in effect a master drainage plan, which has been, after notice and public hearing, revised from time to time and which was adopted pursuant to Title 7, Chapter 3, Article 8, section 65450 et seq., California Government Code. The official copy of the current master drainage plan is on file in the offices of the city engineer at 77 Fair Drive, Costa Mesa, California, and any reference in this chapter to the master drainage plan shall be to the maps, plats, plans, specifications and other materials constituting said master drainage plan as on file at the above address. The terms of this chapter shall apply to all of the drainage facilities now in place within the city, as well as drainage facilities described and set forth in the master drainage plan and as may be required periodically by the city engineer.

(Ord. No. 06-19, § 2, 9-5-06)

Development of, or construction on, property within the city will require construction of additional drainage facilities, as set forth in the master plan of drainage and/or as may be identified periodically by resolution of the city council or as may be imposed as a condition of development approval by the city engineer. There is hereby established a drainage fee to be set periodically by resolution of the city council, which fee shall be tiered to take into account the intensity of development proposed for the property. The fee tiers shall be as follows: low-density residential; medium-density residential; high-density residential; and commercial/industrial. The drainage fee shall be imposed on a pro rata, per acre basis upon any parcel or other piece of property for which an owner, developer or other applicant has requested approval to develop or redevelop, or to construct or reconstruct any structure upon such property, prior to, and as a condition of, approval being granted for such development or construction. The funds collected hereunder shall be deposited in a separate fund which shall be known as the "Drainage Fee Fund." In the case of development of land subject to the Subdivision Map Act, the drainage fee shall be collected, deposited and expended in accordance with section 66483 through 66483.2 of the California Government Code, in addition to the provisions set forth below, and all other applicable laws of the state. In the case of any development, redevelopment, construction, or reconstruction not subject to the Subdivision Map Act, the drainage fee shall be collected, deposited and expended in accordance with sections 66000 through 66007 of the California Government Code, in addition to the provisions set forth below, and all other applicable laws of the state.

(Ord. No. 06-19, § 2, 9-5-06)

Refund of the fees set out in section 15-65 shall not be made once such fees have been paid in accordance with this chapter, except in the case where the applicant or developer abandons a subdivision or parcel map prior to final approval of such map by reason of some fortuitous event not within the control of such applicant or developer, and further providing that the city council first makes a finding that said refund is warranted and is authorized; and providing further that the city council may provide for a partial refund, retaining any amount which it finds will compensate the city for the processing of plans, engineering, inspections or other services performed on behalf of said applicant or developer, in accordance with section 66014 of the California Government Code.

(Ord. No. 06-19, § 2, 9-5-06)

(a) Whenever a development is planned in a location where the master drainage plan or condition of approval calls for a storm drain and the applicant or developer is required to construct the storm drain upon a public right-of-way or on private property to be dedicated as a public right-of-way, the applicant or developer shall be required to post appropriate bonds to cover the estimated construction cost of the storm drain and submit copies of bid prices to the city engineer prior to construction. Any and all such bonds shall be exonerated upon acceptance of construction by the city engineer.

(b) If the city engineer determines that additional drainage facilities are required in order to adequately provide for drainage, the city engineer may require, as a condition of approval, the construction of those facilities for the detention of storm water or such other means as may be necessary to provide adequate drainage of a particular property without adversely affecting adjacent properties or the city's drainage system.

(c) Notwithstanding anything provided in this section 15-67 or elsewhere in this Chapter III, any construction of drainage facilities required to be constructed prior to issuance of development approval shall be in addition to, and not in lieu of, imposition of the drainage fee applicable to that property.

(Ord. No. 06-19, § 2, 9-5-06)

The money obtained through payment of drainage fees as provided for in this chapter may be used by the city to defray the cost of constructing storm drains and related facilities, and said funds shall be expended for repair, maintenance or installation of new drainage facilities, all to implement the master drainage plan, including repair, maintenance and upkeep of facilities already in place, whether or not those facilities are specifically included in the master drainage plan. The city may incur indebtedness for the construction of any drainage facility providing the sole source for repayment of such indebtedness shall be from the drainage fee fund.

(Ord. No. 06-19, § 2, 9-5-06)

Subject to the provisions of section 66013 of the California Government Code, applicants requesting connection with existing drainage facilities shall be required to pay the drainage fee as provided for in this chapter.

(Ord. No. 06-19, § 2, 9-5-06)

Drainage fees shall be imposed in the following cases:

(a) For lowand medium-density residential uses, any improvement, addition or major alteration to an existing structure or construction of an accessory structure, in any form, where the aggregate gross square footage of such improvement equals or exceeds 50% of the gross square footage of the structure as previously constructed.

(b) For high-density residential, commercial and industrial uses, any improvement, addition or major alteration to an existing structure or construction of an accessory structure, in any form, where the aggregate gross square footage of such improvement equals or exceeds 50% of the gross square footage of the structure as previously constructed, or any improvement, addition or major alteration to an existing structure or construction of an accessory structure, in any form, where the aggregate gross square footage of the improvement exceeds 5,000 gross square feet.

(c) In development of vacant land, construction of new structures, site redevelopment, or complete replacement of an existing structure or structures, regardless of the gross square footage of the previous or new structure.

(Ord. No. 06-19, § 2, 9-5-06)

Subject to the provisions of the Subdivision Map Act or sections 66000 through 66007 of the California Government Code, as applicable, a drainage fee paid in accordance with this chapter shall be deposited in the city treasury prior to the approval of the final tract or parcel map in the case of recorded map developments and at the issuance of a building permit in all other instances.

(Ord. No. 06-19, § 2, 9-5-06)

Fees provided for, and the expenditures to be made from, the Drainage Fee Fund are to be applicable to those facilities as provided for in the master drainage plan including previously existing drainage structures and easements or public rights-of-way. Drainage facilities necessary within any development by reason of requirements of the city or the Uniform Building Code shall be at the sole expense of the developer, and funds obtained as provided for in this chapter shall not be expended therefor.

(Ord. No. 06-19, § 2, 9-5-06)