Chapter 3.24 — DRAINAGE IMPACT FEES

The City Council finds and declares that: A. The improved and unimproved drainage ways within the city are not thoroughly mapped, their capacities and states of repair are not completely known, and portions of the drainage system may be inadequate to handle additional development. B. Stormwater runoff and associated landslide hazards, erosion and sedimentation are significant problems in Orinda. These problems are the result of the hilly nature of much of the city, unstable soils and geology, and inadequate engineering of many of Orinda's older roads, drainage facilities and homesites. Flooding may be a problem along San Pablo and Lauterwasser Creeks.

C. The characteristics and conditions listed in subsections A and B of this section all existed before the city's incorporation (July 1, 1985) and because the city provides a forum for its citizens, they are now looking to their city government for recommendations as to how to solve these problems and correct the conditions described. D. The general plan conservation element recognizes that development can contribute to increased runoff, erosion, debris accumulation and resulting downstream flooding, pollution, and sedimentation. These problems are addressed in several ways including policies which recommend restricting residential development near creeks, and requiring drainage studies as part of project approval. The general plan contains several policies that directly address drainage and creek issues: Sections 4.1.1(E) and (H) and 4.1.2(E) through (I). E. A thorough mapping and evaluation of the city's drainage ways (in addition to Federal Emergency Management Act (FEMA) mapping) is needed to determine the capacity and state of repair of the system and whether and how it can handle the additional impact created by new development. F. The development of land in the city creates a need for drainage-related studies and improvements which cannot be met by the ordinary revenues of the city. This need results directly from the increase in density and impervious surfaces arising from new development in the city. G. In order to promote the health, safety and general welfare it is necessary that new development pay a fee for study and evaluation of the city's drainage system. A practical and equitable method of collecting the funds necessary for the drainage study is to impose a fee upon construction of new residential and commercial structures and facilities, based upon the proposed increase of area of impervious surface. H. Fees collected will be used for a city-wide drainage study and preparation of a drainage master plan. (Ord. 99-5 § 7 (part): prior code § 7-4701)

In this chapter, unless the context otherwise requires, the following terms are defined in this section: "Affordable housing" means the development of housing for individuals or families of very low, low and moderate income as those terms are defined in California Health and Safety Code Section 50093 (or as it may be amended).

"Drainage master plan" means a survey and mapping of the existing drainage system, development of a master drainage plan and includes the 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; the potential impact of new development on erosion; and possible financing mechanisms. The plan may be done in phases, or for zones within the city. "Drainage system" means and includes watershed areas and improved and unimproved drainage ways in the city. The term "drainage system" is intended to be interpreted as broadly based and may include areas and facilities which are public or private or under the jurisdiction of the Contra Costa County Flood Control District for which the city is not legally responsible. "Impervious surface" means a permanent structure or pavement which substantially prevents storm water seepage into the ground. "New development" means and includes construction of or an addition to a residential or commercial structure or facilities including a driveway, parking area, sports court, patio or any other construction which may affect the area of impervious surface of the land for which a permit is required. "Off-site drainage improvements" means land dedication and public improvements to the public storm drainage system other than within: (a) the adjacent half-width of the street right(s)-of-way fronting the site; and (b) street intersections within fifty (50) feet of the site, as measured from the property line closest to the intersection right-of-way. (Ord. 99-5 § 7 (part): prior code § 7-4702)

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. The fee shall not be required for replacement of existing on-site fee areas of impervious surface. The fee shall be in the amount established by City Council resolution. The fee shall be charged on all new impervious surface of new development if the new development adds one hundred (100) square feet or more of impervious surface. (Ord. 99-5 § 7 (part): prior code § 7-4703)

The fee imposed by this chapter does not apply to a permit for the erection, construction or alteration of a site for the following uses: A. Day care center; B. Hospital, charitable or philanthropic institution, or convalescent home; C.

Church, religious institution, and parochial or private school including a nursery school; D. Publicly owned buildings and structures; E. Affordable housing in a single-family or multifamily development, on an individual lot or as a secondary living unit (permitted by Section 17.34 of this code); provided, a written contract restricting the use as affordable housing for thirty (30) years is entered into with the city. If during the term of the contract any unit subject to the contract does not qualify as affordable housing, then the contractor or successor shall pay the then current fee attributable to all of the units covered by the contract. (Ord. 99-5 § 7 (part): prior code § 7-4704)

The City Council shall approve credit against the drainage improvement program fee commensurate with the cost of dedication or improvements for a person who dedicates off-site land or makes substantial off- site drainage improvements in the city in connection with a development project. To qualify for credit under this section, the dedication or improvement must be an off-site drainage improvement as defined in Section 3.24.020 of this chapter. (Ord. 99-5 § 7 (part): prior code § 7-4705)

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. The permit applicant shall submit calculations showing the amount of impervious surface in the proposed new development. (Ord. 99-5 § 7 (part): prior code § 7-4706)

The City Engineer is responsible for administering and collecting the drainage impact fees. A decision by the City Engineer regarding a fee imposed under this chapter may be appealed in accordance with the appeal provisions of Chapter 26-2 of the Ordinance Code of Contra Costa County, adopted by the city by reference. (Ord. 99-5 § 7 (part): prior code § 7-4707)

A. There is created an account entitled "drainage study account." The proceeds from the fee and interest collected under this chapter shall be credited to the account. Money credited to the account shall be used

to defray the cost of drainage system studies and developing the drainage master plan. B. The city may advance general funds to pay the cost of drainage system studies and the drainage master plan and reimburse itself for advances from the fees collected. C. If funds remain in the drainage study account after completion of the drainage master plan, the funds may be used for construction of improvements recommended by the master plan or for their maintenance. (Ord. 99-5 § 7 (part): prior code § 7-4708)

The fee paid under this chapter shall be refunded on application of the fee payer if he or she shows to the satisfaction of the City Engineer that the new development did not occur and that the building permit is canceled, surrendered or expired. (Ord. 99-5 § 7 (part): prior code § 7-4709)