In determining the storm drainage facility fees to be assessed and levied upon the owner of residential or nonresidential property pursuant to the provisions of this chapter at the time the owner of such property commences to use the property for a residential or nonresidential purpose, expands the area of the property devoted to an existing residential or nonresidential use, or changes the use of the property to a different use, the owner of the property shall be entitled to 1 or more of the following credits against such fee; provided, however, that no such credit or credits shall exceed the amount of such fee, nor shall any credit or credits be transferable from one property to another property. Note that credits shall only be given for the most intense use dating back to November 4th, 1997, which is the date the city council adopted its first development impact fee program. In the downtown area (as delineated in the General Plan's Downtown Element), credits are allowed for past uses with no time limitation; however, proper documentation of the prior use must be furnished by the applicant if city records do not indicate such use.
A. Where the owner of the property constructs and installs a portion of the off-site drainage facilities which would be necessary to collect the runoff from stormwater falling on the property, transport such stormwater runoff to a natural stream or an existing public drainage channel, detain and/or treat the stormwater runoff where necessary and dispose of the stormwater runoff in such stream or drainage channel in a manner provided for or authorized by this code, the owner of the property shall be entitled to a credit against the storm drainage facility fees assessed and levied pursuant to the provisions of this chapter in an amount equal to the reasonable actual costs of the collector/outfall, peak attenuation, and water quality facilities;
B. Where the owner of the property is changing the use of the property to a different use having a runoff coefficient which is greater than the runoff coefficient for the property when devoted to its previous use, the owner of the property shall be entitled to a credit against the storm drainage facility fees assessed and levied pursuant to the provisions of this in an amount equal to the collector/outfall, peak attenuation, and water quality portions of the storm drainage fees which would have been assessed and levied pursuant to the provisions of this chapter for such previous use;
C. Where the property is or was located within an assessment district formed for a purpose which included construction and installation of a portion of the storm drainage facilities necessary to collect, treat, and/or detain the runoff from stormwater falling on the property, transport such stormwater runoff to a natural stream or a public drainage channel and dispose of the stormwater runoff in such stream or drainage channel, and where the owner of the property is commencing to use the property for a use which has the same runoff coefficient as the existing or assumed use of the property at the time an assessment was levied against the property as part of the assessment district proceedings, then the owner of the property shall be entitled to a credit against the storm drainage facility fees assessed and levied pursuant to the provisions of this chapter in an amount equal to that portion of the assessment levied against the property as part of the assessment district proceedings reasonably attributable to the property's fair share of the cost of the collector/outfall, peak attenuation, and water quality portion of the storm drainage facilities constructed as part of the assessment district proceedings; and
D. Where the property is located within an assessment district formed for a purpose which included construction and installation of all or a portion of the storm drainage facilities necessary to collect, treat, and/or detain the runoff from stormwater falling on the property, transport such stormwater runoff to a natural stream or public drainage channel and dispose of the stormwater runoff in such stream or drainage channel, and the owner of the property is commencing to use the property or changing the use of the property to a use which has a runoff coefficient which is greater than the existing or assumed runoff coefficient for the property at the time an assessment was levied against the property as part of the assessment district proceedings, then the owner of the property shall be entitled to a credit against the storm drainage facility fees assessed and levied pursuant to the provisions of this chapter in an amount equal to the storm drainage fees which would have been assessed and levied pursuant to the provisions of this chapter for the existing or assumed use of the property at the time an assessment was levied against the property as part of the assessment district proceedings, or that portion of the assessment levied against the property as part of the assessment district proceedings which is reasonably attributable to the property's fair share of the cost of the collector/outfall, peak attenuation, and water quality portion of the storm drainage facilities constructed and installed as part of the assessment district proceedings, whichever is less.
E. Where the owner of the property reconstructs a building or structure located on the property which was damaged or destroyed by fire or other casualty or which was voluntarily demolished during the prior 3-year period, the owner of the property shall be entitled to a credit against the storm drainage facility fees assessed and levied pursuant to the provisions of this chapter in an amount equal to the collector/outfall, peak attenuation, and water quality portions of the storm drainage facility fees which would have been assessed and levied pursuant to the provisions of this chapter. However, if the owner of the property expands the area of the property devoted to a residential or nonresidential use incident to the reconstruction of such building or structure, storm drainage facility fees shall be assessed and levied upon the owner of the property for all additional area of the property devoted to such residential or nonresidential use;
F. Where the owner of the property constructs and installs all of the onsite storm drainage facilities necessary to retain and dispose of 100% of the stormwater falling on the property, the owner of the property shall be entitled to a credit against the storm drainage facility fees assessed and levied pursuant to the provisions of this chapter in an amount equal to the peak attenuation, and water quality portions of the storm drainage facility fees which would have been assessed and levied pursuant to the provisions of this chapter, all in the manner provided for or authorized by this code;
G. Where the owner of such property constructs and installs all of the off-site storm drainage facilities necessary to collect the runoff from stormwater falling on such property, transport all such stormwater runoff to a natural stream or an existing public drainage channel, treat and/or detain the stormwater runoff where necessary and dispose of the stormwater runoff in such stream or drainage channel, the owner of the property shall be entitled to a credit against the storm drainage facility fees assessed and levied pursuant to the provisions of this chapter in an amount equal to the collector/outfall, peak attenuation, and water quality portions of the storm drainage facility fees which would have been assessed and levied pursuant to the provisions of this chapter, all in the manner provided for or authorized by this code;
H. Where the owner of the property is changing the use of the property to a different use having runoff coefficient equal to or less than the runoff coefficient for the property when devoted to its previous use the owner of the property shall be entitled to a credit against the storm drainage facility fees assessed and levied pursuant to the provisions of this chapter in an amount equal to the collector/outfall, peak attenuation, and water quality portions of the storm drainage facility fees which would have been assessed and levied pursuant to the provisions of this chapter; or
I. Where the property is or was located within an assessment district formed for a purpose which included construction and installation of all storm drainage facilities necessary to collect, treat and/or detain runoff from the stormwater falling on the property and transports all such stormwater runoff to a natural stream or an existing public drainage channel and disposes of such stormwater runoff in such stream or drainage channel, provided the owner of the property is not proposing to develop the property in a manner or at a density which increases the runoff coefficient for the property above the runoff coefficient used in designing the drainage facilities constructed and installed as part of the assessment district, the owner of the property shall be entitled to a credit against the storm drainage facility fees assessed and levied pursuant to the provisions of this chapter in an amount equal to the collector/outfall, peak attenuation, and/or water quality portions of the storm drainage facility fees which would have been assessed and levied pursuant to the provisions of this chapter.
(Ord. 1956 §1 (part); Ord. 2235 §2; Ord. 2521 §18)