A. The council shall establish by resolution, a schedule of per-gross-acre fees calculated to provide the sum of money necessary to pay the estimated total costs, as set forth in the drainage plan, of the planned drainage facilities. Such schedule shall be conditioned and based on the following findings by the council:
1. That the planned drainage facilities for the drainage area are in conformity with the drainage plan of the city;
2. That the development of property within the drainage area will require construction or acquisition of the planned drainage facilities described in the drainage plan and that the fees are fairly apportioned within the drainage area on the basis of benefits conferred on property developed or to be developed or on the need for planned drainage facilities created by proposed or existing development of property within the drainage area;
3. That drainage facilities planned with respect to the drainage area that are in addition to any existing drainage facilities serving such drainage area at the time of adoption of the drainage plan are necessary to complete the planned drainage facilities for the drainage area.
B. The schedule of fees shall be those amounts as established by Resolution No. 97-39 of the council and shall remain in effect until July 1, 1998. Effective July 1, 1998, and each succeeding July 1st thereafter, said schedule of fees shall be adjusted in accordance with the following criteria:
1. On April 1st of each year the engineer shall review the current Engineering News Record Construction Cost Index (ENRCCI) for the cities of Los Angeles and San Francisco, CA. When the average of such indices differs from the average of the indices for the preceding April 1st, the factor of increase or decrease shall be applied to the schedule of fees. Such factor shall be computed by dividing the average ENRCCI for the current April 1st by that pertaining to the previous April 1st. The individual drainage fee rates may be multiplied by said factor to determine the adjusted schedule of fees. The engineer shall present the new fee schedule for adoption by resolution of council after at least one public hearing.
2. The engineer shall add to the schedule of fees the drainage fee rates for new planned drainage areas established by the council concurrently with the amendment of the drainage plan adding thereto such new planned drainage areas.
3. If in the determination of the engineer the adjustment of the schedule of fees produced by the procedure in subdivision 1 of this subsection is not representative of the actual change in costs of the planned drainage facilities, the engineer may, in lieu of the procedures set forth in said paragraph, compute a new schedule of fees for adoption by resolution of the council after at least one public hearing.
4. In the event of the adoption of a new schedule of fees by resolution of the council, such new schedule shall become effective sixty (60) days after the adoption thereof by the council. The adjustment of such schedule provided in Subdivision 1 of this subsection shall begin the April 1st next occurring after adoption of the new schedule.
C. The rates per-gross-acre used to compute drainage fees levied and collected pursuant to this article for parcels of land located in the drainage area shall be those rates set forth for the drainage area in the schedule of per-gross-acre fees established by resolution of the council as set forth in this section. For parcels of land located, pursuant to the zoning ordinance, in the respective land use districts identified in the schedule of per-gross-acre fees, the per-gross-acre fee shall be the sum identified with such land use district in such schedule.
D. In such cases wherein the parcel of land is located in a new land use district for which a rate per-gross-acre has not been adopted by the council, the engineer shall calculate and shall levy an interim fee using the cost distribution formula for the land use district within the subject local drainage area that in the engineer's opinion is the most similar to the new district, but which is not less than the lowest per-acre rate identified in the rate schedule. The council shall, as soon as practical, thereafter amend the schedule of per-gross-acre fees identifying therein the new district and the fees per gross acre associated therewith and any deviation from the interim fees that shall have been paid shall be adjusted by a further payment to the city or refund to the owner.
E. The drainage fee applicable to any parcel of land or division shall be the product of the gross acreage of the parcel or division multiplied by the rate or rates per gross acre applicable to the land use district, within which the parcel or division is located as specified within the fee schedule resolution adopted pursuant to this section.
F. When a development is proposed on only a portion of any parcel of land, the engineer may designate on the approved plot plan the portion of such real property on which the development is to occur as the area to be developed. The payment of the drainage fee shall be limited to such designated area subject to the following conditions:
1. Such designated area shall include all area to be the subject of activity which materially alters the natural surface of the land or restricts the imperviousness of the soil, including landscaping, paving and other means of soil stabilization, and grading and filling.
2. Such designated area shall equal or exceed the minimum area established for the applicable land use district identified in the zoning ordinance.
3. The area of such parcel remaining undesignated shall equal or exceed the minimum area established for the applicable land use district identified in the zoning ordinance.
G. When any development subject to a conditional use permit or a recorded development agreement would create a substantially greater or lesser amount of change in the natural surface of the land than would be created by the normal or usual development of land in a land use district, an appropriate fee shall be calculated by using the rate or rates for the land use district within the subject drainage area which is most similar in character to the proposed development. Payment of such fee or the construction of planned local drainage facilities, or a combination thereof, shall be a condition of any permit which is required for construction or use of such development.
H. When the drainage fee applicable to any parcel of land has been paid pursuant to this article, or shall have been paid through assessment in a specific assessment proceeding, and the use of such parcel of land is changed to a use which, under the then-current fee schedule, requires a higher drainage fee, then such parcel of land shall be subject to payment of an additional fee that shall be the fee applicable to such parcel of land in its changed use under the fee schedule in effect at the time the additional fee is payable less the total of any credits allowed under Section 16.40.070. (Ord. 2017-01 (part), 2017: Ord. 9719 § 4, 1997)