Chapter 13.20 — Drainage Regulations

13.20.010 Definitions.

13.20.015 Stormwater detention facilities required.

13.20.020 Permit or improvement plans--investigations.

13.20.030 Permit or improvement plans--decision by city engineer.

13.20.040 Granting of permit.

13.20.050 Appeal procedure. 13.20.060 Fee schedule.

13.20.070 Special fee provision.

Whenever in this chapter, the words and phrases defined in this section are used, they shall have the respective meanings assigned to them:

A. "Agricultural drainage facilities" are defined as those facilities that are primarily intended to drain agricultural lands and for which the design criteria is that normally applied to agricultural lands.

B. "Bank of a waterway" is defined as the sloping sides of a waterway and extends to a plane three feet above the projected highwater profile as determined by the city engineer.

C. "Centerline of a waterway" is defined as a line within and along the length of a waterway at a distance from the bottom of the banks equal to onehalf the distance between the bottom of the banks of a waterway.

D. "City engineer" is the City Engineer of the City of Gridley, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them.

E. "City project" is defined as a system of works as shown on an engineering plan which has been approved by the city council. The plans to be filed in the office of the city engineer shall include a system of works designed-to provide improved drainage facilities serving the area benefitted by such project. The project may also include any existing drainage facilities within any area benefitted by such project.

F. "Dwelling unit" means one or more rooms in a dwelling, apartment house, or hotel designed for or occupied for living and sleeping purposes and having kitchen and toilet facilities.

G. "Engineering plan" is defined as a plan prepared by a registered civil engineer, in conformance with the policies and design criteria established by the city engineer and approved by the city council. The plan must be of sufficient detail that the positions, grade and size of the facility may be readily discernible so that unit prices may be applied to the quantities obtained therefrom to determine an estimate of the cost of the work delineated on the plan.

H. "Land subject to flooding" is defined as any area determined by the city engineer to be subject to inundation by stormwater or surface water.

I. "Levee" is defined as an elongated mound of dirt or earth paralleling and adjacent to the outer edges of a waterway.

• J. "Rubbish" is defined as any substance which is not readily soluble in water.

K. "Site" is defined as all contiguous lots or parcels of land owned by or recorded as the property of a person, firm, or corporation; or in the possession of the person, firm, or corporation.

L. "Structure" is defined as anything constructed upon or attached permanently or temporarily to the land, or which has its foundation or means of support upon, under, or within the surface of the earth, including but not limited to any building, dam, wall, crib wall, bulkhead, pipe, conduit, pole, or fence.

M. "Trunk and collector drainage facilities" are defined as waterways serving 40 acres or more, natural, or manmade, improved or unimproved, which are intended to collect and transport storm drainage waters.

N. "Waterway" is defined as a river, stream, creek, watercourse, channel, swale, conduit, pipe or any depression in which water flows or may flow, and includes any property in which the city owns a fee, simple interest, or easement therein for drainage purposes. Whenever a waterway consists of any ordinary channel and, in addition thereto, an overflow channel, the waterway shall be deemed to include all property lying between the banks of the overflow channel.

O. "Zone" is defined as an area established and described pursuant to the terms of this chapter primarily to control and transport drainage, and stormwaters.

(Ord. 539 (part), 1988).

A. Except as provided herein, stormwater detention shall be required for proposed construction and/or development that will increase the existing amount of impervious covering on^- the property on which the construction and/or development is proposed. No building permit, use permit, encroachment permit, or other permit or license for proposed construction or land development that requires provision of stormwater detention in accordance with this section shall be issued unless there is included within the plans submitted to the city, proper and adequate plans for providing the required stormwater detention in accordance with the city's Public Works Construction Standards.

B. New construction and/or development projects for which information is made available to the City Engineer demonstrating that the project is consistent the criteria listed below are exempt from providing stormwater detention:

1. The project will not result in or add to surface stormwater flows within the city that exceed the criteria established in the City's Public Works Construction Standards, and

2. The project site is tributary to existing city storm drainage facilities which provide flow restriction and/or detention within the City, and the proposed project will not increase the peak rate of flow discharged from the city storm drainage system, or

3. The project site is tributary to existing storm drainage detention facilities, and the proposed project or improvement is consistent with the design parameters used for the design of the detention facilities, or

4. The project site is zoned for residential uses and:

a) If undeveloped, the site was legally created before 1990, or

b) If developed, the proposed improvements will not cumulatively increase the structural coverage by more than 500 square feet from the structural coverage which existed on January 1, 2000, or

5. The project site is zoned for non-residential uses and alteration, modification, improvement or change that will not increase the computed composite "C" value (runoff coefficient) by more than 5% from the computed composite "C" value for the conditions that existed on the site on January 1, 2000.

(Ord 694,2000)

13.20.020 Permit or improvement plans--investigations.

A. Upon receipt of an application for a permit or improvement plans prepared by a registered civil engineer, including such additional information as may be required, the city engineer shall, within thirty days, make such investigations as he deems necessary to determine whether or not the proposed work or activity will impede, restrict, retard, or change the direction of the flow of water; or will catch or collect debris carried by such water; or will be located where the natural flow of the stormwater and flood water will carry away or damage any intended structure, or any part thereof; or will in his opinion damage, weaken, erode, or reduce the effectiveness of the banks to withhold stormwater and flood water; or will interfere with drainage facilities; or will impose any liability upon the city for such works, or any damage caused thereby. To make the investigation he may return the application or improvement plans to the applicant for additional information, structural analysis or soil test, as may be required to complete his investigation. In the event the application is returned, the thirty-day period shall not commence to run until the date of resubmission of the application.

B. Where the application for a permit is for the purpose of constructing a building or other structure, the city engineer shall, within thirty days, make such investigations as he deems necessary to determine whether the proposed work or activity will be subject to inundation, or will be damaged by such inundation, and whether the development complies with the Gridley Public Works Construction Standards.

(Ord. 539 (part), 1988).

After investigation, the city engineer shall approve, conditionally approve, or disapprove the application for a permit or improvement plans on the basis of his investigations. Where application is made to obtain a permit to construct any building, structure or other improvement, or to place any trailer, mobile home, or similar vehicle on land subject to flooding, the city engineer may require as a condition to the granting of the permit the construction of the building pad or floor levels at an elevation, as determined by the city engineer, which will protect the structure from frequent flooding. The city engineer may also require any other conditions to the granting of the permit that are reasonably calculated to protect the property from damage, or to prevent impeding, restricting, or retarding, or changing the direction of the flow of water in the waterway. The city engineer may also require as a condition to the granting of the permit that the owner of the property enter into a written agreement with the city holding this agency free from liability for any harm that may occur to any building or property damaged by flooding.

(Ord. 539 (part), 1988).

A. The city engineer shall not grant a permit if the permit will authorize work or activity which is inconsistent with the general plan of the county or a specific drainage plan which has been adopted by the county or the city.

B. If a permit is granted, it shall state the conditions upon which it is granted.

(Ord. 539 (part), 1988).

A. In the event that an applicant is aggrieved by the decision of the city engineer in. the. computation of a drainage fee, or by the disapproval of a permit, or by the conditions imposed for approval of a permit required by this chapter, or by reason of the application, administration, or other requirements of this chapter, the applicant may, within fifteen days from the date of the decision of the city engineer or imposition of the drainage fee, appeal in writing to the city council. The clerk of the city council shall set a time for the hearing of such appeal, which hearing shall be held within thirty days from the date of receipt of the appeal, and shall mail or deliver notification to the appellant and the city engineer of the date at least two weeks prior to the date so set.

B. When the appeal is based upon the disapproval of a permit or the conditions imposed for approval of the application for a permit required by this chapter, it shall be incumbent upon the appellant to show to the satisfaction of the city council that denial of the permit or conditions attached thereto will cause undue hardship on the applicant, and will prevent him from making a reasonable use of the property; and that such structure so proposed will not impede, restrict, retard, or change the direction of the flow of water in the waterway; or will not catch debris carried by such water; or is not placed where the natural flow of the stormwater and flood water will carry away or damage the structure, or any part thereof; or will not damage, weaken, erode, or reduce the effectiveness of the banks to withhold stormwater and flood water; or will not interfere with facilities necessary for flood control and drainage; nor will it impose upon the city any liability therefor.

C. If the permit was denied by the city engineer because the work or activity, if completed, would prove. inconsistent with the general plan of the county or a specified drainage plan adopted by the city or the county, the permit shall not be granted on appeal unless the appellant, in addition to any other requirements of this section, shall prove to the city council that the work or activity proposed is not inconsistent with either the general plan of the county or a specific drainage plan.

D. The decision of the city council shall be final.

(Ord. 539 (part), 1988).

There is established the following schedule of fees to be collected upon the construction of new buildings and improvements within the city. Such fees shall be used for construction of trunk and collector drainage facilities as defined in this chapter.

A. Whenever a change in the use of parcel of land occurs, which would require a drainage fee greater than the fee which was required for the prior use, the fee shall be computed at the rate required in this chapter for the new use less the amount of any drainage fees which have been previously paid for the parcel of land. In the event such fee previously paid exceeds the fee required for the proposed use, no refund of the difference shall be made.

B. Unless otherwise provided in this chapter, the fees required by this section will be due and payable at such time as a building permit is issued, or improvement plans for the construction of street or subdivision improvements are approved by the department of public works, or improvements are constructed which, as determined by the city engineer, impair the perviousness of the surface of land; except, however, when frontage improvements are placed at the option of the owner and not as a requirement of the department of public works, the city engineer may defer such fees until a building permit is issued or such improvements impairing the perviousness of the surface are constructed.

C. For the purposes of this section, the "gross area of the site" is defined as that area of the site including the area to the centerline of all abutting streets. Easements for underground facilities, setback areas and other areas not denying the owner's use thereof shall be included in the gross area.

D. The city finance officer shall keep accurate records concerning the collection of fees under this chapter. Such records shall set forth the amount of fees paid as to each parcel of land or improvement to which the fees apply.

E. All fees and credits as defined in this chapter shall be rounded to the nearest dollar.

(Ord. 539 (part), 1988).

13.20.070 Special fee provision.

The following special provisions shall be applicable to the fees authorized by Section 13.20.060:

A. Whenever trunk and collector drainage. facilities are constructed pursuant to plans approved by the city engineer, and the cost thereof exceeds the amount of the fee, no reimbursement shall be made for the amount in excess of the required fee.

B. If any fees collected are in excess of the cost of the particular project, the fees, nevertheless, shall be held in trust for the solution of future drainage problems, unless reimbursement is agreed to by the city council.

C. School districts may pay any required fees in five equal annual payments, upon the following terms and conditions:

1. First payment. is paid at the time the building permit is issued or site improvement plans are approved.

2. No new trunk facilities are required to immediately serve the property.

3. A written agreement is executed between the school district and the city under which payment may be deferred as provided in this chapter.

D. The city engineer may waive any fees due and payable where a building permit is being issued for a building to replace one destroyed by fire or other disaster; provided, however, this subsection shall not operate to waive any fees due and payable by reason of change in land use or zoning.

E. In those circumstances where a use permit is issued for a mobile home or travel trailer either as an accessory dwelling where there is need of close supervision of a relative who is handicapped, or for temporary uses, the city engineer may waive any fees otherwise due under this chapter as a result of the installation of the mobile home or travel trailer.

F. On or before March 1st of each year the city staff shall determine new drainage fees according to the following:

1. On January 1st of each year, the city staff shall review the National Engineering News Record construction cost index (ENRCCI). When that index differs from 4456.53, a factor shall be applied to all drainage fees. The factor shall be computed by dividing the ENRCCI for that particular January 1st, by 4456.53.

2. The following drainage fees shall be multiplied by the factor to determine the new drainage fees. The new schedules shall be rounded to the nearest ten dollars. Such adjusted fees shall be published and shall become effective March 1st of each year. Copies of the revised schedules shall be available in the office of the public works department.

SUBDIVISION MAP ACT

COST DISTRIBUTION AND FEE CALCULATION

January, 1988

ENRCCI = 4456.53

NOTE: THESE FEES HAVE BEEN UPDATED:

SEE MASTER FEE SCHEDULE FOR CURRENT FEES

(NOTE: The area tributary to Live Oak Slough has not been included, as no improvements are proposed for that tributary.) (Ord. 539 (part), 1988).