A. Except as otherwise provided in this section, the drainage fee shall be paid on each parcel of land in the drainage area prior to the commencement of the work of any development thereon or, in the case of any division of a parcel of land, prior to the approval of the final subdivision or parcel map, or development, and shall be composed of an acquisition fee and a development fee to be paid as follows:
1. The acquisition fee shall be paid on each parcel of land in the drainage area prior to the approval of the final subdivision or parcel map. The amount of the acquisition fee payable prior to the approval of the final subdivision map or parcel map shall be as determined by Section 16.40.030(E). When no final subdivision or parcel map is submitted for final approval prior to the commencement of the work of any development on each parcel of land, the acquisition fee shall be paid prior to the commencement of the work of any development thereon.
2. The development fee shall be paid on each parcel of land prior to the commencement of the work of any development thereon.
B. In the case of subdivisions that at the time of approval are zoned for industrial uses, and of parcel maps, the following applies:
1. If planned drainage facilities are required within the limits of, or are necessitated by such division or phase thereof, the drainage fees that shall be paid prior to the approval of the final map thereof shall not exceed the cost of such planned drainage facilities.
2. If planned drainage facilities are not required within the limits of, or are not necessitated by such division, the drainage fees required by this article may be deferred for previously undeveloped areas only.
3. The drainage fees deferred under the provision of this subsection shall be payable in the amounts determined by the provisions of this article prior to receipt of a development entitlement for the lands subject to such division.
C. Except in the case of single-family residential uses, the area of an addition, replacement, reconstruction or the construction of separate structures or other improvements on a previously developed parcel for which the drainage fee or assessment has not been fully paid shall be deemed a parcel of land for the purposes of this chapter and the drainage fee is payable thereon when such area equals or exceeds one thousand (1,000) square feet. When the area of such addition, replacement, reconstruction or other improvement or the accumulation of such additions or other improvements made after October 1, 1988, equals twenty-five (25) percent or more of the development existing as of October 1, 1988, the drainage fee shall be payable on the total area of the subject parcel as defined in Section 16.40.020 and Section 16.40.060(F). Credits for fees or assessments previously paid shall be granted in accordance with Section 16.40.070(C).
D. The city shall require:
1. The design, construction, and dedication of planned drainage facilities located within or necessitated by a development or division; or
2. The combination of the payment of a partial drainage fee as required herein and the design, construction and dedication of planned drainage facilities when determined by the city to be necessary in conjunction with such development or division.
E. Exceptions. The drainage fees are not payable for the performance of the following items of work:
1. Except in the case of a division, any development work that consists solely of the construction, erection, or installation of:
a. Fences, pole lines, underground conduits or pipelines, or similar developments that, as determined by the engineer, do not materially alter the natural surface of a parcel of land; or
b. Concrete curbs, gutters, sidewalks, driveway approaches, paving or other street improvements within any street or alley.
2. Any development consisting solely of additions or alterations to any single-family residential dwelling or its accessory structures or other additional development on a developed single-family residential parcel.
3. Any reconstruction or replacement of a single-family residence destroyed by fire or because of condemnation, provided that this exception shall not apply in the event that:
a. The use of the parcel or any portion thereof at the time of reconstruction or replacement is for other than single-family residential; or
b. Reconstruction or replacement does not occur within twelve (12) months; or
c. The ownership of the parcel is changed following the occurrence that requires reconstruction or replacement thereof.
F. Government Agency. Payment of the drainage fee upon division of land divided by a governmental agency engaged in such activity may be deferred upon request filed with the city by the governmental agency to the time of development of any undeveloped lot or parcel created in said division, subject to the conditions herein specified. A governmental agency, for the purposes of this deferment, is defined as one that is created under the provisions of either federal, state or local enabling legislation and that is acting under a program in which payment of the drainage fee would not be an eligible cost.
1. The deferment authorized herein shall be allowed only in the event said governmental agency enters into a written agreement with the city which shall provide:
a. That the fee shall otherwise be paid pursuant to the provisions of this chapter;
b. That the agreement creates a valid lien upon such parcel to the extent of the fee (such lien may be subordinated at the discretion of the engineer, and the form and substance of the agreement, procedures, documents, covenants, etc., necessary to place the agreement and lien into effect shall all be determined by the engineer, subject to the approval of the city attorney);
c. That said agreement shall provide that the owner of each lot or parcel created as a result of said division shall agree to pay all court costs and attorney fees and waives any and all defenses, legal or equitable, other than liquidated monetary setoffs against the city, if an action at law or foreclosure suit is brought to enforce payment of the fee or recovery of the fee through the lien.
2. Said governmental agency will pay or provide for payment of the drainage fee on any developed lot or parcel at the time of division except that in the event of ownership by said governmental agency of said developed parcel or parcels, payment of the drainage fee thereon shall be made at the time of sale of said developed lot or parcel by the governmental agency.
3. Said governmental agency will give actual notice of the lien described above to the purchaser of any lot or parcel created as a result of such division, except that failure by said governmental agency to provide actual notice to the purchaser shall not affect the lien upon said parcel or portion thereof as sold or the liability by the owner thereof to pay any drainage fee thereon as herein provided.
G. As to any portion of land included within a parcel map for which the fee has not been deferred under subsection (B) of this section, the fee obligation established by this chapter may be deferred where such divisions of land are required by court order.
1. All owners who desire to defer fees under this subsection shall enter into an agreement with the city that shall require the payment of such deferred fee at the earliest of the following occurrences:
a. The sale or transfer of any such parcel or portion thereof;
b. The filing of a final map or parcel map on any portion of such parcel;
c. The issuance of a building permit or special permit for any development entitlement on or for any portion of such parcel.
2. Fees deferred under this subsection shall be paid at the rates in effect when such fees become due and payable. (Ord. 2017-01 (part), 2017: prior code § 9445)