Chapter 2 — DRAINAGE FEES

SEC. 810.201. TITLE.

This Chapter shall be known as the Drainage Fee Ordinance and may be cited as such.

SEC. 810.202. PURPOSE OF CHAPTER.

The purpose of this Chapter is to make provision for assessing and collecting drainage fees as a condition of approval of a final subdivision map or a parcel map to defray the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas as provided by Section 66483 of the California Government Code (Subdivision Map Act).

SEC. 810.203. FINDINGS.

The Board of Supervisors, pursuant to Section 66483 of the Subdivision Map Act, finds that:

1. The further development of property within designated planned local drainage (PLD) areas as detailed on the local drainage area fee map will require the construction of the facilities shown on that fee map.

2. The fees established herein are based upon estimated costs of these facilities which costs are fairly apportioned within each PLD area on the basis of benefits conferred on property proposed for development or on the need for the designated facilities created by the development of property within the PLD area.

SEC. 810.204. DEFINITIONS.

Whenever the following words are used in this Chapter, they shall have the meaning ascribed to them in this section. (a) "Local Drainage Area Fee Map" means a map showing the boundaries of each planned local drainage area and the location of all planned facilities within each area and containing a description and estimated cost of each facility and a schedule of fees for each local drainage area. The "Local Drainage Area Fee Map" constitutes the plan and map referred to in Government Code Section 66483. The Local Drainage Area Fee Map may be changed from time-to-time by action of the Board of Supervisors. The Local Drainage Area Fee Map is on file with the Clerk of the Board of Supervisors as Document No. 608735.

(b) "Planned Local Drainage Area" (PLD area) means a local or neighborhood drainage area within the meaning of Section 66483 of the Subdivision Map Act and includes the land lying within the boundaries designated on the Local Drainage Area Fee Map.

SEC. 810.205. DRAINAGE AREAS ESTABLISHED.

PLD areas for the County are hereby established. Said PLD areas are depicted upon the Local Drainage Area Fee Map and any amendments thereto.

SEC. 810.206. PLANNED LOCAL DRAINAGE FACILITIES.

The Board of Supervisors hereby finds that the subdivision of land within the meaning of the Subdivision Map Act will require the construction of those drainage facilities described in the Local Drainage Area Fee Map. Said facilities

shall hereinafter be referred to as planned local drainage facilities or PLDF. The Board of Supervisors further finds that all properties within each of said PLD areas will be benefitted by construction of the PLDF proposed for each of said areas.

SEC. 810.207. ESTIMATED COSTS.

The Board of Supervisors also finds that the total estimated costs effective through December 31, 1981, for all PLDF within each said PLD area are as set out in the Local Drainage Area Fee Map.

It further finds that if such costs were apportioned uniformly on a per acre basis, the pro rata share in each local drainage area would be as set out in the Local Drainage Area Fee Map.

SEC. 810.208. DRAINAGE FEES ESTABLISHED.

Pursuant to Section 66483 of the Subdivision Map Act, the drainage fees set out in said Local Area Drainage Fee Map adopted by action of the Board of Supervisors shall be paid for subdivisions within the PLD areas established herein.

The drainage fee shall be the lesser of the following:

(a) The product of the gross area of the subdivision in acres and the fee rate (dollars per acre) for the particular local drainage area as set forth in the Local Drainage Area Fee Map. If the proposed subdivision lies within two or more local drainage areas, the drainage fee shall be the sum of the product of the acreage within each Local Drainage Area and the fee for each area; or

(b) In the case of residential subdivision only, the product of the fee rate and the number of approved dwelling units within the subdivision.

SEC. 810.209. PAYMENT OF FEES OR SECURITY THEREFOR.

(a) The fees required pursuant to this Chapter shall be paid as a condition of and prior to the approval of the final map or parcel map or if no reimbursement agreement exists for the Local Drainage Area the subdivider may execute a secured agreement to pay the fees prior to the earliest of the following dates:

(i) The date of issuance of the building permit except for building permits for model houses. Notwithstanding the provisions of this subsection (a)(i) to the contrary, the payment of fees in connection with residential tracts and commercial building permits may be deferred and paid prior to or at the time of scheduling a final building inspection, if the applicant executes an agreement with the County for a fee deferral.

(ii) The date all subdivision improvements are completed and accepted by the County;

(iii) The date construction commences of any portion of a master planned flood control facility within the Local Drainage Area;

(iv) The date of execution of a reimbursement agreement for facilities constructed within the Local Drainage Area.

(Amended by Ord. No. 9975 (N.S.), effective 4-24-09; amended by Ord. No. 10163 (N.S.), effective 9-2-11; amended by Ord. No. 10321 (N.S.), effective 2-28-14; amended by Ord. No. 10407 (N.S.), effective 2-5-16; amended by Ord. No. 10420 (N.S.), effective 4-15-16)

SEC. 810.210. CONSTRUCTION CREDIT.

When, as a requirement of the approval of subdivision and parcel maps, the conditions require the construction of any facility described on the Local Drainage Area Fee Map, or any portion of these facilities, the cost of the required improvements shall be credited to the developer based upon the length, capacity and type of facility to be constructed. Credit for construction of planned facilities shall be the cost incurred to construct facilities as set out in Document No. 608735 on file with the Clerk of the Board of Supervisors. Credit will be limited to the actual cost incurred to construct the improvements. Adjustment of fees are pursuant to Section 810.211 of this Chapter.

If, upon construction of the facilities, the credit associated with such construction is less than the fee for the PLD area(s), the subdivider shall pay to the County the difference between the costs incurred and the fee otherwise owed. If the credit exceeds the fee, the subdivider may be eligible for a credit up to the amount of the fee otherwise payable so that no additional fee payment will be owed.

(Amended by Ord. No. 9570 (N.S.), effective 8-8-03; amended by Ord. No. 10705 (N.S.), effective 1-8-21)

SEC. 810.211. ADJUSTMENT OF FEES.

The fees established by Section 810.208 hereof have been established in part on estimated costs to construct PLDF in the calendar years 1980 and 1981. In December of each calendar year, beginning with December 1981, the Board of Supervisors shall review and adjust such fees. Said adjustment to be based upon any increase or decrease in costs of construction as determined by the Engineering News Record Cost of Construction Index published by McGraw-Hill Publishing Company, or any successor thereof. The index for the month of November shall be used for such adjustments. Fees adjusted in accordance herewith shall become effective as of January 1, 1982 and on each January 1 thereafter. However, the maximum amount of fee payable by a subdivider shall be calculated based on the fee rate in effect on the date that the tentative subdivision map or tentative parcel map application is filed with and the application fees paid to the County. If the Board of Supervisors does not review and adjust fees in December of 1981 or any subsequent December, the previously established fees shall remain in effect until such review has been conducted.

SEC. 810.212. USE OF DRAINAGE FEES.

Fees collected hereunder shall be segregated into a planned local drainage facilities fund established for each PLD area and the funds therein and interest accruing thereto shall be expended solely for the construction or reimbursement for construction of PLDF within the PLD area from which the fees comprising the fund were collected.

SEC. 810.213. REIMBURSEMENT AGREEMENT.

In the event that the subdivider is required to construct drainage facilities within a PLD area(s) to provide supplemental size and capacity for other developments, the County shall reimburse the subdivider from the appropriate planned local drainage facilities fund. Reimbursement shall be made only as fees are collected in connection with the subdivision of other property in the same PLD area(s) in which said facilities were constructed. The amount of reimbursement shall be limited to the difference between the actual construction costs and the amount of the drainage fee. Fees shall be adjusted in accordance with Section 810.211 of this Chapter. No subdivider shall receive reimbursement until all subdividers who have previously executed reimbursement agreements payable from the same fund have been fully reimbursed or until such agreements have expired. The maximum term of any reimbursement agreement is ten years unless in the Board's discretion a longer term is approved to allow for reimbursement.

(Amended by Ord. No. 9570 (N.S.), effective 8-8-03; amended by Ord. No. 10705 (N.S.), effective 1-8-21)

SEC. 810.214. APPLICABILITY.

This Chapter shall not be applicable to:

(a) Any tentative subdivision map or tentative parcel map filed prior to the 31st day after the effective date of this Chapter. For purposes of this Chapter the filing of a tentative subdivision map or tentative parcel map shall occur on the date that the application therefor is filed and the tentative map or tentative parcel map application fees are paid to the County.

(b) Any tentative map or tentative parcel map or property located within the nine special drainage areas created by the San Diego County Flood Control District by District Ordinance Nos. 6 and 7 within any subsequently created special drainage area. This subdivision shall not affect the validity of the reimbursement agreement entered into prior to the effective date of the ordinance adding this subdivision to the County Code of Regulatory Ordinances (Ord. No. 9570 (N.S.)).

(Amended by Ord. No. 9570 (N.S.), effective 8-8-03)

SEC. 810.215. APPEAL.

Notwithstanding any other provision of this Chapter, the subdivider shall, as a part of the subdivision approval process, have the right to present evidence to the County decision-making body with jurisdiction over the specific tentative map or tentative parcel map, to demonstrate that the fee calculation and/or amount of fee established by the Board of Supervisors is incorrect or inequitable as applied in such case. Said decision-making body shall have the authority to change the amount of fee when it finds that the amount so established is incorrect or inequitable in the specific case. Any such decision may be appealed pursuant to provisions of the County Subdivision Ordinance governing subdivision appeals.

t of fee established by the Board of Supervisors is incorrect or inequitable as applied in such case. Said decision-making body shall have the authority to change the amount of fee when it finds that the amount so established is incorrect or inequitable in the specific case. Any such decision may be appealed pursuant to provisions of the County Subdivision Ordinance governing subdivision appeals.

The subdivider shall have the burden of establishing that the fee calculation and/or amount of fee established by the Board of Supervisors is incorrect or inequitable. 10 days prior to the first hearing on the tentative map or tentative parcel map, the subdivider shall serve on the Director of the Department of Sanitation and Flood Control all engineering studies and cost estimates necessary to support the subdivider's contentions. The Director of Sanitation and Flood Control shall then make a recommendation to the appropriate County official, board or commission.