Lafayette Municipal Code Ch. 8-17 Drainage Impact Fee

Footnotes:

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Editor's note— Ord. No. 584, §§ 1—3, adopted May 26, 2009, deleted the former Ch. 8-17, §§ 8-1701—8-1707, and enacted a new Ch. 8-17 as set out herein. The former Ch. 8-17 pertained to drainage study fee and derived from Ord. 335 § 1 (part), 1985.

Pursuant to California Government Code § 66000 et seq., the city council hereby finds and determines as follows with respect to the revised drainage impact fees:

(a) The above recitals are true and correct and adopted by the city council as if its own; and

(b) The drainage impact fee report, drainage master plan, and storm drain priority report satisfy the requirements of Government Code § 66001, because they:

(1) Identify the purpose of the revised drainage impact fee;

(2) Identify the use to which the revised drainage impact fee will be put and the facilities for which the fee is charged;

(3) Identify how the need for the revised drainage impact fee and the fee's use bear a reasonable relationship to the type of development project on which the fee is imposed; and

(4) Demonstrate that there is a reasonable relationship between the amount of the revised drainage impact fee imposed on new development and the cost of drainage facilities attributable to new development.

(Ord. No. 584, § 2, 5-26-2009)

In this chapter, unless the context otherwise requires:

(a) "Drainage system" means and includes watershed areas and improved and unimproved drainageways in the city. The term "drainage system" is broadly based and may include areas and facilities which are private or under the jurisdiction of the Contra Costa County flood control district for which the city is not legally responsible.

(b) "Drainage system study" means a survey and mapping of the existing drainage system, development of a master drainage plan and an evaluation of: the present capacity of the system; the state of repair of improvements; the capacity and facilities needed to accommodate drainage in the future; and the potential impact of new development on erosion. A study may be done in phases.

(c) "Drainage program costs" means and includes the total cost of infrastructure facilities that the city anticipates would be needed to meet the needs of existing and future users as identified in the city's most current storm drain priority report and estimated future costs not yet contemplated by the storm drain priority report, including additional infrastructure and annual inspections.

(d) "New development" means and includes construction of or an addition to a residential or commercial structure or facility, including a driveway, parking area, sports court or swimming pool, or any other construction which may affect the area of impervious surface of the land.

(Ord. No. 584, § 3, 5-26-2009)

A person who applies for a permit for new development shall pay to the city a drainage impact fee based upon the proposed increase in impervious surface of the new development in an amount established by resolution of the city council.

(Ord. No. 584, § 3, 5-26-2009)

The drainage impact fee shall be paid to the city before a person may begin new development. If the new development requires a building permit or grading permit, the drainage fee shall be paid before issuance of the permit. Neither a Contra Costa County nor a city official may issue a building or grading permit until the required fee is paid.

(Ord. No. 584, § 3, 5-26-2009)

The drainage impact fee is not required if the proposed new development:

(a) Is to replace a structure if the proposed structure has the same as or less impervious surface than the original structure;

(b) Is located within Contra Costa County Flood Control District drainage area 15 or proposed drainage areas 46 or 67;

(c) Involves an increase of impervious surface of less than 100 square feet; or

(d) Rebuilds a dwelling unit damaged or destroyed by act of God, fire or other natural disaster, if the permit to rebuild is applied for by the owner within one year of the damage or destruction caused by the natural disaster. If the impervious surface area of the new unit exceeds that of the unit destroyed or damaged, then the owner shall pay the fee as if the increased area were an addition.

(e) This chapter does not apply to commercial or industrial subdivisions; nor does it apply to condominium projects or stock cooperatives, which consist of the subdivision of airspace in an existing apartment building if that building is more than five years old and no new dwelling units are added.

(Ord. No. 584, § 3, 5-26-2009)

(a) There is created a fund entitled "drainage impact fund." The proceeds from the drainage impact fee and interest collected under this chapter shall be paid only into this fund and shall be accounted for by the city manager until committed by the city.

(b) The drainage impact fund shall be used only for the purpose of defraying the cost of improving currently-existing drainage facilities and infrastructure and designing and constructing future drainage facilities and infrastructure pursuant to the most current drainage master plan and storm drain priority report, as a result of the demand on the system created by new development, and studies related to the same.

(b) The city may advance money from its general fund to pay the cost of drainage system maintenance and expansion necessitated by new development and reimburse the general fund for such advances from the drainage impact fund.

(Ord. No. 584, § 3, 5-26-2009)

The fee paid under this chapter shall be refunded on application of the fee payer if the payer shows to the satisfaction of the planning director that the new development did not occur and that the building permit is canceled, surrendered or expired.

(Ord. No. 584, § 3, 5-26-2009)

(a) Drainage impact fees collected under this chapter shall be committed within five years after the payment of such fees or the issuance of building permits on one-half of the lots created by a subdivision, whichever occurs later. If such fees are not committed, such uncommitted funds shall be distributed among the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision. For the purpose of this chapter, "committed" means that the fees have been encumbered by contract, conveyed, paid or allocated through the city council's adoption of a budget, for an identified drainage project or activity within the scope of Section 8-1706.

(b) Except when administrative costs of refunding the unexpended revenues exceed the amount to be refunded, when sufficient funds have been collected as provided for in the Mitigation Fee Act, Section 66006(b)(1)(F) of the Government Code, to complete financing on incomplete city drainage facilities and the drainage facilities remain incomplete, the city shall identify, within 180 days of the determination that sufficient funds have been collected, an approximate date by which the acquisition and installation of the drainage facilities will be commenced, or shall refund to the then current record owner or owners of the lots or units, as identified on the last equalized assessment roll, of the development project or projects on a prorated basis, the unexpended portion of the drainage impact fee, and any interest accrued thereon.

(Ord. No. 584, § 3, 5-26-2009)

The city council shall adopt regulations to establish fees, administration, procedures, implementation, interpretation and policy considered necessary or desirable to carry out this chapter by resolution.

(Ord. No. 584, § 3, 5-26-2009)

The standards and formula for setting the drainage impact fee shall be set forth by resolution.

(Ord. No. 584, § 3, 5-26-2009)

An administration fee shall be charged to cover the costs associated with administering the drainage impact fee program. The administration fee shall be paid in conjunction, and at the same time, with the payment of fees as provided in this chapter. This administration fee shall be established by resolution of the city council.

(Ord. No. 584, § 3, 5-26-2009)