§ 3-103. Amount of drainage impact fees.
(a)
Rationale for fee amounts for the Thermalito Drainage Area. The drainage impact fees specified below have been determined based upon the estimated costs of the facilities necessary to provide drainage for the specified areas as determined by the 2010 Update of the Thermalito Master Drainage Plan.
Table 1—Maximum drainage fee—Larger than one (1) acre parcels (Update to the Thermalito Master Drainage Plans) Land Use Maximum Drainage Fee Rural Residential $990.00 per Unit Very Low Density Residential 990.00 per Unit Medium Density Residential 162.00 per Unit Medium High Density Residential 75.00 per Unit High Density Residential 49.00 per Unit Retail/Office (Commercial) 1,257.00 per Acre Table 2—Maximum drainage fee—Parcels that cover one (1) acre or less (Update to the Thermalito Master Drainage Plans) Land Use Maximum Drainage Fee Rural Residential * $990.00 per Unit Very Low Density Residential * 990.00 per Unit Medium Density Residential 990.00 per Unit Medium High Density Residential 378.00 per Unit High Density Residential 246.00 per Unit Retail/Office (Commercial) 6,384.00 per Acre * Rural Residential and Very Low Density Residential both assume one (1) unit per acre.
From time to time, adjustment will be made based on the net percentage increase in the Engineering News Record Construction Cost Index for San Francisco (using the CCI column of the "ENR City Cost Index - San Francisco") (based on 1913 U.S. average = 100) as last published in the Engineering News Record McGraw Hill Construction Weekly (or on the internet) between the date of such increase and the effective date of the ordinance codified in this section or any prior increase in the fee made pursuant to the provisions of this section.
The formula for adjusting the fee is: (New index amount/amount of index at time of existing fee) × existing fee = new fee.
The most recent amount on the index, dated November 2010, is 10,123.54.
(b)
Chico Storm Drainage Master Plan. All owners or developers of property located within the Chico Storm Drainage Master Plan Area shall pay storm drainage fees prior to issuance of a building permit for an enclosed building or upon a change in use of the property. Such fees shall be based on the drainage basin in which the development is located and shall be calculated by applying the acreage, or portion thereof, for each particular development or change in use to the per acre fees set forth in the table below. Fees will be collected as follows:
Parcels with no permitted enclosed building(s) or structures (vacant land) with a net acreage of one (1) acre or less—full fees will be collected based on the size of the parcel. Fee to be the sum of the per acre cost times the area of the parcel in acres.
Parcels with no permitted enclosed building(s) or structures (vacant land) with a net acreage of more than one (1) acre—full fees will be collected based on the area being improved as calculated by the Department of Public Works, provided that the minimum acreage amount shall in no case be less than one (1) acre. Fee to be the sum of the Per Acre Cost times the area of the area being improved in acres.
Parcels with existing permitted enclosed building(s) or structures—full fees will be collected based on the area being improved as calculated by the Department of Public Works. Fee to be the sum of the Per Acre Cost times the area of the area being improved in acres.
Improvement and the area being improved, is defined for this section as new: enclosed building(s); driveways; sidewalks; parking; landscaping; and any other site development requirement necessary for construction of the new enclosed building(s).
Drainage Area Number Watercourse (Drainage Basin) Total Cost
Per AcreSingle-Family Residential
Per Acre CostMultiple Family Residential
Per Acre CostCommercial and Industrial
Per Acre Cost770 Butte Creek $17,785.00 $8,893.00 $13,339.00 $14,228.00 771 Comanche Creek 18,552.00 9,276.00 13,914.00 14,842.00 772 Little Chico Creek 20,213.00 10,107.00 15,160.00 16,171.00 773 Big Chico Creek 15,070.00 7,535.00 11,303.00 12,056.00 774 Lindo Channel 18,388.00 9,194.00 13,791.00 14,710.00 775 S.U.D.A.D Ditch 16,038.00 8,019.00 12,029.00 12,830.00 776 Mud-Sycamore Creek 13,957.00 6,978.00 10,468.00 11,165.00 777 P. V. Ditch 19,779.00 9,890.00 14,834.00 15,823.00 Credits against Chico Storm Drainage Master Plan Facility Fees. In determining the storm drainage facility fees, for construction of storm drainage facilities as identified in the adopted Chico Master Drainage Plan as set forth in Butte County Code Section 20-210, 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 one (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 (1) property to another property.
A.
Where the owner of the property constructs and installs a portion of the off-site drainage facilities, identified in the adopted Chico Master Drainage Plan as set forth in Butte County Code Section 20-210, 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 and the Improvement Standards adopted pursuant thereto, 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/or 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 chapter 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, identified in the adopted Chico Master Drainage Plan as set forth in Butte County Code Section 20-210, 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.
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, identified in the adopted Chico Master Drainage Plan as set forth in Butte County Code Section 20-210, 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 three-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 on-site storm drainage facilities necessary to retain and dispose of one hundred percent (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, identified in the adopted Chico Master Drainage Plan as set forth in Butte County Code Section 20-210, 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.
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, identified in the adopted Chico Master Drainage Plan as set forth in Butte County Code Section 20-210, 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. No. 3304, § 1, 12-10-96; Ord. No. 3903, § 1, 3-1-05; Ord. No. 3910, § 1, 6-14-05; Ord. No. 3927, § 2 (part), 2-14-06; Ord. No. 3951, § 1, 1-9-07; Ord. No. 3977, § 1, 1-29-08; Ord. No. 3999, § 1, 2-24-09; Ord. No. 4026A, § 3, 12-14-10)