12.04.010   Compliance required.

1. Whenever the public convenience and necessity, the applicable laws of the state and ordinances of the City require a property owner to install a curb, gutter and sidewalk, or either one, the property owner shall comply with the procedures set forth in this chapter.
2. Whenever any person wishes to install a curb, gutter and sidewalk, or either one, whether required by the City Council or not, the person shall comply with the procedures set forth in this chapter.

(Ord. 875 §64, 2008; Ord. 612 (part), 1983.)

12.04.020   Permit - Required.

It is unlawful for any person, firm or corporation to construct, or cause to be constructed or repaired, in the City, any sidewalk, driveway approach, gutter or curb without first obtaining a permit from the City Engineering Department.  (Ord. 875 §65, 2008.)

12.04.030   Permit - Application.

Any person desiring a permit for the construction or repair of a sidewalk, driveway, driveway approach or curb and gutter, shall file with the City Engineering Department an application therefor, in writing, on a form to be furnished by the City for that purpose. Such form shall specify the following:

1. Name and residence of applicant;
2. Location of property in front of which the proposed construction or repair is to be made;
3. Name of person, firm or corporation who will perform the work;
4. The nature and dimension of the proposed work;
5. Such additional information as shall be required by the Publc Works Superintendent.

(Ord. 875 §66, 2008; Ord. 612 (part), 1983.)

12.04.040   Permit - Regulations conformance required for issuance.

No permit issued under this chapter shall be in conflict with the following regulations:

1. All sidewalk, driveway, driveway approach or curb and gutter work shall be done under the general direction and supervision and to the satisfaction of the Public Works Superintendent and the City Engineering Department, and must be constructed in accordance with the standard plan and specifications as approved by the City Council;
2. All prepared subgrades and surfaces shall be inspected and approved by the City before any work has been done;
3. All such work shall be of materials as shall be specified by the City Engineering Department;
4. All debris and surplus material shall be removed promptly upon completion of the work;
5. The applicant shall maintain the premises in a safe manner, and shall provide adequate barricades and lights at his own expense, to protect the safety of the public using the adjacent streets or sidewalks, and shall hold the City free from any damages incurred by his operations.

(Ord. 875 §67, 2008; Ord. 612 (part), 1983.)

12.04.050   Permit - Display.

All persons who apply and receive the permit shall at all times keep the permit posted in a conspicuous place near the work. (Ord. 612 (part), 1983.)

12.04.150   State statutes adopted.

The provisions of Section 5875 through 5895, inclusive, of the Streets and Highways Code of the state as they now exist or may hereafter be amended, are adopted as the procedure governing the construction of curbs and sidewalks in the city, and incorporated herein as fully as if set out herein at length. (Ord. 612 (part), 1983.)

12.04.170   Repairs and replacements - State statutes adopted.

By reference hereto, the following shall be incorporated herein regarding repairs: Streets and Highways Code, Sections 5610 to 5618, 5625 and 5626, as amended or superseded from time to time. (Ord. 612 (part), 1983.)

12.04.180   Amendments.

The city council may, upon written application of any person affected by this chapter, or upon the council's own motion, alter, amend or vary any of the terms or provisions of this chapter when it is determined, by the council by a majority vote, that the special nature or circumstances pertaining to any applicant shall make it reasonable to cause the curb and sidewalk to be constructed in a different manner, with different equipment, or with different materials than those set forth herein. (Ord. 612 (part), 1983.)

12.04.190   Penalty for violation.

Any person, firm, association or corporation violating any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished as providedi n Chapter 1.12.  (Ord. 874 §31, 2008; Ord. 612 (part), 1983.)

12.08.010   Definitions.

Whenever in this chapter the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions:

1. "Commission" means the Public Utilities Commission of the State of California;
2. "Poles, overhead wires and associated overhead structures" means poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above-ground within a district and used or useful in supplying electric communication or similar or associated service;
3. "Underground utility district" or "district" means that area in the city within which poles, overhead wires and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of Section 12.08.030;
4. "Utility" includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.

(Ord. 870 §20, 2008; Ord. 382 §1, 1969.)

12.08.020   Public hearing by council.

The council may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the city and the underground installation of wires and facilities for supplying electric, communication or similar or associated service. The city clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of such hearings at least ten days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the council shall be final and conclusive. (Ord. 382 §2, 1969.)

12.08.030   Council may designate underground utility districts by resolution.

If, after any such public hearing, the council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the council shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby. (Ord. 382 §3, 1969.)

12.08.040   Unlawful acts.

Whenever the council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 12.08.030, it is unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when the overhead facilities are required to be removed by such resolution, except as the overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service, for such reasonable time required to remove the facilities after the work has been performed and except as otherwise provided in this chapter. (Ord. 382 §4, 1969.)

12.08.050   Exception - Emergency or unusual circumstances.

Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed ten days, without authority of the council in order to provide emergency service. The council may grant special permission, on such terms as the council may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures. (Ord. 382 §5, 1969.)

12.08.060   Excepted facilities.

This chapter and any resolution adopted pursuant to Section 12.08.030, unless otherwise provided in such resolution, shall not apply to the following types of facilities:

1. Any municipal facilities or equipment installed under the supervision and to the satisfaction of the city engineer;
2. Poles or electroliers used exclusively for street lighting;
3. Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited;
4. Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of thirty-four thousand five hundred volts;
5. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street;
6. Antennae and associated equipment and supporting structures used by a utility for furnishing communication services;
7. Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes, meter cabinets and concealed ducts;
8. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.

(Ord. 382 §6, 1969.)

12.08.070   Notice to property owners and utility companies.

Within ten days after the effective date of a resolution adopted pursuant to Section 12.08.030, the city clerk shall notify all affected utilities and all persons owning real property within the district created by the resolution of the adoption thereof. The city clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desires to continue to receive electric, communication or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission.

Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 12.08.030, together with a copy of this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. (Ord. 382 §7, 1969.)

12.08.080   Responsibility of utility companies.

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 12.08.030, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the commission. (Ord. 382 §8, 1969.)

12.08.090   Responsibility of property owners.

Every person owning, operating, leasing, occupying or renting a building or structure within a district shall perform construction and provide that portion of the service connection on his property between the facilities referred to in Section 12.08.080 and the termination facility on or within the building or structure being served, all in accordance with applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to Section 12.08.030, the city engineer shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within ten days after receipt of such notice. (Ord. 382 §9(A), 1969.)

12.08.100   Notice - Procedure.

The notice to provide the required, underground facilities may be given either by personal service or by mail. In case of service by mail on either of such persons, the notice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises, and the notice must be addressed to the owner thereof as such owner's name appears, and must be addressed to such owner's last known address as the same appears on the last equalized assessment roll, and when no address appears, to "General Delivery, City of Fort Bragg." If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within forty-eight hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the city engineer shall, within forty-eight hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by ten inches in size, to be posted in a conspicuous place on the premises. (Ord. 382 §9(B), 1969.)

12.08.110   Notice - Completion of work in thirty days.

The notice given by the city engineer to provide the required underground facilities shall particularly specify what work is required to be done and shall state that if the work is not completed within thirty days after receipt of such notice, the city engineer will provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property. (Ord. 382 §9(C), 1969.)

12.08.120   Expiration of time - City completion - Assessment.

If upon the expiration of the thirty-day period, the required underground facilities have not been provided, the Director of Public Works or City Engineer shall forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the Director of Public Works or City Engineer shall, in lieu of providing the required underground facilities, have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to the property. Upon completion of the work by the Director of Public Works or City Engineer, he shall file a written report with the City Council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The City Council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which time shall not be less than ten days thereafter. (Ord. 873 §26, 2008; Ord. 382 §9(D), 1969.)

12.08.130   Notice of hearing of protests.

The Director of Public Works or City Engineer shall forthwith, upon the time for hearing such protests having been fixed, give a notice in writing to the person in possession of such premises and a notice in writing thereof to the owner thereof in the manner hereinabove provided for the giving of the notice to provide the required underground facilities in Section 12.08.100, of the time and place that the council will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment. (Ord. 873 §27, 2008; Ord. 382 §9(E), 1969.)

12.08.140   Conduct of hearing.

Upon the date and hour set for the hearing of protests, the council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment. (Ord. 382 §9(F), 1969.)

12.08.150   Lien against property - Notice - Payment.

If any assessment is not paid within five days after its confirmation by the City Council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the Director of Public Works or City Engineer. The Director of Public Works or City Engineer is directed to turn over to the assessor and tax collector a notice of lien on each of the properties on which the assessment has not been paid and the assessor and tax collector shall add the amount of the assessment to the next regular bill for taxes levied against the premises upon which the assessment was not paid. The assessment shall be due and payable at the same time as the property taxes are due and payable, and if not paid when due and payable, shall bear interest at the rate as determined by resolution of the City Council. (Ord. 873 §28, 2008; Ord. 824 §1, 2000; Ord. 382 §9(G), 1969.)

12.08.160   Responsibility of city.

The city shall remove at its own expense all city-owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to Section 12.08.030. (Ord. 380, §10, 1969.)

12.08.170   Extension of time.

In the event that any act required by this chapter or by a resolution adopted pursuant to Section 12.08.030 cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation. (Ord. 382 §11, 1969.)

12.08.180   Violation - Penalty.

It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable as provided in Chapter 1.12.  (Ord. 874 §32, 2008; Ord. 382 §12, 1969.)

12.08.190   Constitutionality.

If any section, sub-section, sentence, clause or phrase of this chapter, is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The council hereby declares that it would have adopted the chapter and each section, sub-section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses or phrases be declared invalid. (Ord. 382 §13, 1969.)

12.12.010   Purpose.

To provide for orderly development and eliminate duplication and uncertainty, a definite system of finding dwelling and business locations rapidly and with certainty is needed in the interest of the public health, welfare and safety for the city. It is necessary to enable emergency vehicles to respond quickly to calls, expedite postal and other delivery services, eliminate confusion and error and locate business places and residences for customers and friends without difficulty and loss of time. (Ord. 632 §1, 1984.)

12.12.020   Address coordinator.

1. The system shall be continued, enforced, operated, and maintained within the city by the building official or his designee, referred to in this chapter as the address coordinator, and property numbers assigned within the city shall be in accordance with the system. It shall be the duty of the address coordinator to notify all persons of street or road name and number assigned to each location, the requirements of this chapter that the numbers be installed and maintained, and to determine whether the same are installed in such a manner as to be visible from the street in front of each location or from the roadway or driveway leading to buildings removed a substantial distance from the public street or road which the subject site abuts.
2. The address coordinator shall make sure that all new street or road names avoid duplication and do not sound like existing road names in the city and outlying areas.
3. The address coordinator shall issue to any building owner or occupant in the city upon request and without charge, a number or numbers in accordance with this chapter.
4. The address coordinator shall be responsible for maintaining the numbering and street or road naming system and shall keep a record of all names assigned under this chapter. Said records shall be open for inspection by the public during regular business hours.
5. The address coordinator will coordinate all naming or renaming and addressing with the County of Mendocino.

(Ord. 632 §2, 1984.)

12.12.030   Street naming procedure

1. All streets or roads shall be known by the same name for the entire length, except for those existing prior to the enactment of the ordinance codified in this chapter. Alley naming is confined to the alleys within the Central Business District, running from Oak Street to Pine Street.
2. The city shall have the right to name or rename all private roads, access or easements and city streets within the city.
3. A subdivider may provide a proposed street name for a subdivision, which shall be approved by the Address Coordinator unless it conflicts with an existing street name.  Should the subdivider request the Address Coordinator to provide a street name, the Address Coordinator will first utilize those names on the street name list adopted by the City Council.  If no unused names remain on said list, the Address Coordinator will contact the subdivider to request a street name.  If within thirty days a new name has not been submitted to the Address Coordinator, the City will have the right to select a name or new name of such street or road, access or easement.
4. When naming any new city street or road, the address coordinator will first utilize those names on the street name list adopted by the city council. If no unused names remain on said list, any new city street or road may be officially named upon petition to the address coordinator in the form of a map showing the location and alignment of the street or road to be named and five proposed names. The names will be studied to assure they do not duplicate or sound like any existing street or road names in the city and/or county. If one of these streets or road names does not conflict with any existing street or road names, this name will be recommended to the city council. Upon approval by the city council thereafter, such street or road shall be officially known by the name so designated.

(Ord. 875 §68, 2008; Ord. 743 §1, 1992, Ord. 632 §3, 1984.)

12.12.040   Petition to name private street or road.

1. A private street or road may be officially named upon petition to the address coordinator in the form of a map showing the location, alignment, five proposed street or road names and signatures of sixty percent of the property owners whose property is serviced by the private road proposed to be affected.
2. These names will be studied to assure they do not duplicate or sound like any existing street or road names in the city and/or county. If one of these street or road names does not conflict with any existing street or road names, this name will be recommended to the city council. Upon approval by the city council thereafter, such street or road shall be officially known by the name so designated.

(Ord. 632 §4, 1984.)

12.12.050   Petition to change street or road name.

Any street or road name in the city may officially be changed upon petition to the address coordinator stating the existing street or road name, five proposed names and signatures of sixty percent of the property owners whose property is serviced by such road, These names will be studied to assure they do not duplicate or sound like any existing street or road names in the city and/or county. If one of these street or road names does not conflict with any existing street or road names, this will be submitted to the city council, The resolution of intention shall be set for public hearing and notice of such hearing shall be given by posting notice in at least three places along the street or road proposed to be affected, such posting to be complete at least ten days before the day set for the hearing. At the time set for the hearing, or at any time to which the hearing may be continued, the council shall hear and consider proposals to change the name of such street or road and upon adoption of the change thereof, shall make a resolution officially designating the name for such street or road; thereafter, such street or road shall be known by the name so designated. (Ord. 632 §5, 1984.)

12.12.060   Erection and maintenance of street name signs.

1. Street name signs for existing city streets will be erected and maintained by the city department of public works.
2. The person doing the subdivision or improvements will bear the expense of the sign and installation.

(Ord. 632 §6, 1984.)

12.12.070   Addressing procedure.

1. All addresses will be assigned or reassigned in accord with the appropriate area and in normal sequence to its respective block.
2. Prior to the issuance of any address number, the principal access to the property shall bear a name in accordance with the provisions of this chapter.
3. Condominiums, excepting condominium subdivisions, shopping centers, or apartment-type developments will be addressed as follows:
1. The main entrance will be numbered off the road it enters.
2. Street names will not be permitted.
3. Each space or apartment will be assigned a space number or apartment number by the address coordinator.
4. The owner or developer of this type of development will supply the address coordinator with a small map showing all the spaces or apartments and interior streets to allow numbers to be assigned (recommended scale of this small map is 1" = 200'). A copy will then be sent to each emergency agency and post office for their use.
5. At all intersections in this type of development there shall be a sign showing the space or apartment number range on the side roads.

(Ord. 632 §7, 1984.)

12.12.080   Display of numbers.

The address coordinator shall give notice to the occupants or owners of buildings which are assigned or reassigned numbers under this system, which notice shall contain the new number or number reassigned to a particular building, and the date on which the new number shall be effective. Within sixty days of such effective date of notice of number assigned or reassigned, the occupant(s) or owner(s) of the building shall cause the number to be displayed upon the building or land in such a manner as to be visible from the street or road which the land or building fronts, and shall remove or obscure from public view any old or previous number not in accordance with the system. The minimum height of numbers to be used shall be three inches and contrasting color from basic background. (Ord. 632 §8, 1984.)

12.12.090   Violation - Penalty,

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction therof shall be punishable as provided in Chapter 1.12.  (Ord. 874 §33, 2008; Ord. 632 §9, 1984.)

12.14.010   Definitions.

1. CHANNEL. An elongated open depression in the contour of land in which storm water may or does flow.
2. CONDUIT.  A general term for any artificial or natural channel intended for the conveyance of storm water, whether open or closed, or any structure through which water flows.
3. CULVERT.  A closed conduit for the free passage of surface drainage water under a highway, railroad, canal or other embankment.
4. DITCH.  A trench for drainage or irrigation artificially made by digging.
5. DRAINAGE.
   1. The process of removing surplus ground or surface water by artificial means;
   2. The manner in which the waters of an area are removed;
   3. The area from which waters are drained; a drainage basin.
6. DWELLING UNIT.  A building or portion thereof designed exclusively for residential occupancy by one family for living purposes and having only one kitchen.
7. MAJOR DRAINAGE CHANNELS. The main stream tributaries that are the final discharge points for individual drainage areas.
8. MINOR DRAINAGE CHANNELS. A channel or conduit that ties to the secondary drainage channels.
9. PONDING AREA.  A pond used for storage of storm water. It shall always contain some water and will have storage capacity in addition to its normal low flow level.
10. SECONDARY DRAINAGE CHANNEL.  A channel or conduit tying directly to the major channels.
11. STREAM.  Any course of running water flowing on the earth.
12. STORAGE BASIN.  A holding basin for storage of storm water. Under normal circumstances it is dry but has storage capacity when flows exceed the capacity of the storm water drainage system.
13. SUBDIVIDER.  A person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not “subdividers.”
14. SUBDIVISION.  The division by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels. As used in this paragraph, “agricultural purposes” means the cultivation of food or fiber or the grazing or pasturing of livestock.
15. SUBDIVISION MAP ACT.  Title 7, Division 2 of the Government Code of the State of California, as amended.

(Ord. 870 §21, 2008; Ord. 713 §1, 1990.)

12.14.020   Minimum Requirements.

1. Runoff Design. Storm water runoff from a subdivision shall be collected and conveyed by a storm drain system approved by the city engineer. Maximum runoff shall be computed using the Rational Method. The Rainfall Intensity-Duration Curve, for Fort Bragg, and "C" values derived from the General Plan Land Use Map, and approved by the city engineer shall be used in the computation. Runoff design shall accommodate the full and anticipated future development within the drainage area. In cases where the drainage areas are undeveloped, fully improved conditions shall be determined by the designation of the area on the General Plan or the zoning classification of the area. The storm drain system shall provide for the protection of the abutting properties that would be adversely affected by any increase in runoff attributed to the development, for which offsite storm drain improvements may be required.
2. Protection from Surface Waters. All portions of a subdivision shall be protected from flood hazard, inundation, sheet overflow and ponding of storm waters springs and all other surface waters. All finished floors shall be a minimum of one foot above the water surface of a 100-year frequency storm runoff.
3. Adequate Storm Drainage Facilities.
1. The design of all improvements within a subdivision shall be such that all surface waters occurring within the subdivision, as well as all surface waters flowing onto and/or through the subdivision, shall be conveyed through the subdivision without damage to any improvement, building site, or dwelling which may be constructed within the subdivision. Storm drainage facilities within a subdivision shall be designed to adequately convey the storm water runoff from the ultimate development of the drainage basin or watershed.
2. Site development is to be accomplished wherever possible in a manner that will maximize percolation and infiltration of precipitation into the ground and will minimize direct surface runoff into adjoining streets, water courses, or properties.
3. Site development is to be accomplished wherever possible in a manner to maximize use of natural drainage features.
4. Surface Water Flowing from a Subdivision. Surface water flowing from a subdivision in any form or manner shall be conveyed without damage to any improvement, building, or dwelling both within and downstream of the subdivision to a natural watercourse having a definable bed and banks, or to an existing adequate storm drainage facility. Storm drainage facilities to be constructed outside of the subdivision shall be designed to adequately convey the storm water runoff from the ultimate development of the drainage basin or watershed lying within and above the subdivision. Any surface waters detained or ponded on adjacent property(s) as the result of improvements constructed by the subdivider, shall not cause any damage to said property.
5. Storm Water Disposal Restriction. Storm water flowing from a subdivision in any form or manner shall not be permitted to flow into any sanitary sewer or any other facility not specifically intended for storm water runoff.
6. Capacity of Channels and Conduits. Drainage channels and conduits shall have the following minimum capacities.
1. Major Drainage Channels. Major drainage channels and conduits shall have sufficient capacity to contain a 100-year frequency of occurrence runoff.
2. Secondary Drainage Channels. Secondary drainage channels and conduit shall have sufficient capacity to contain a ten-year frequency of occurrence runoff.
3. Minor Drainage Channels. Minor drainage channels, conduits, and appurtenant facilities shall have sufficient capacity to contain a ten-year frequency of occurrence runoff.
7. Facilities Design Criteria. The ten-year frequency storm water shall be placed in conduits when the gutter flow comes within an inch of the top of the curb or when the flow encroaches on the traveled portion of a street. Open flow shall not be allowed across a street. Storm water shall be placed in closed conduits or lined channels, except that the city engineer may recommend that an existing natural or unlined artificial water course, endowed with significant natural beauty or other scenic attractions, or a natural or unlined artificial water course that does not pose a safety hazard, be utilized for drainage with such improvements as may be designated. Drainage facilities shall meet the following minimum design requirements:
1. Closed Conduit. The minimum conduit size shall be 12 inches under driveway crossings and 18 inches across streets. In general, all storm drain conduit shall be standard strength reinforced concrete pipe. All storm sewers shall have a minimum invert grade not less than that which will provide a minimum velocity of 2½ feet per second for the design flow. Radii of curves in conduit must be approved by the city engineer and shall not be less than those recommended by the pipe manufacturer.
2. Inlet Structures. Standard inlet structures shall be constructed at each pickup point in the system. Inlets shall be of a design approved by the city engineer and shall not be flooded with a ten-year frequency of occurrence runoff.
3. Closed Conduits - Minimum Flow Line. Minimum flow line gradients for closed conduits shall be not less than three one-thousandth foot per foot.
4. Closed Conduits or Lined Channels - Outlet Velocity. When the outlet velocity from a closed conduit or lined channel exceeds the maximum allowable velocity for the earth channels receiving the flow, suitable protective works such as riprap or a stilling basin shall be provided.
5. Earth Channels - Maximum Design Velocities. Maximum design velocities for natural or artificial earth channels shall be those specified by a registered civil engineer and approved by the city engineer.
6. Earth Channels - Minimum Velocities. Minimum velocities at design capacity for earth channels shall be three feet per second.
7. Earth Channels - Side Slopes. Side slopes for improved earth channels shall be those specified by a registered civil engineer and approved by the city engineer, but in no instance shall side slopes be steeper than one horizontal to one vertical.
8. Lined Channels - Side Slopes. Side slopes for lined channels shall be those specified by a registered civil engineer.
9. Ponding Areas and Storage Basins when Permitted. Storage of storm water drainage by means of ponding areas or storage basins may be permitted only with the approval of the city engineer, after study of the proposed disposal basin topography and soil characteristics.
10. Subdrainage - Where Required. Subdrain facilities shall be provided where specified by the soil engineer controlling the work and other areas where deemed necessary by the county to prevent sliding or settlement of the earth surface. Facilities will be required to convey the subdrainage to an approved point of discharge.
8. Easements. Drainage easements and access easements shall be required. Easements shall generally be for the purpose of maintenance only, except that multiple use easements for public access may be required to be consistent with the Conservation and Open Space element of the Fort Bragg General Plan.

(Ord. 716 §1, 1990; Ord. 713 §2, 1990.)

12.14.030   Drainage Fees.

1. The drainage plan and map entitled "2004 Storm Drainage Master Plan," dated October 2004, on file with the City Clerk is hereby adopted pursuant to Sections 66483 and 66487 of the State of California Government Code.
2. The City of Fort Bragg official having jurisdiction, shall not issue a building permit for construction resulting in a 120 square foot or more increase in ground coverage, within the Fort Bragg Drainage Area until the fees as set forth in this ordinance have been paid. The official having jurisdiction may accept cash, or other consideration (in the form of actual construction of a part of drainage facilities by the applicant or his principal) in lieu of the fee when authorized to do so by the city engineer. This fee shall not be required if the requested permit is to perform one of the following:
   1. To replace a structure destroyed or damaged by fire, flood, wind or acts of God, This exception is only to the extent that the resultant structure has the same or less ground floor square footage as the original structure; if the ground floor square footage is increased, the square footage of the additional ground floor area shall be used to determine if the fee is due.
   2. To construct a swimming pool, patio, or driveway.
   3. To construct facilities (including dwellings) on lots greater than twenty acres in area, provided less than ten percent of the lot area is covered by impervious surfaces.
   4. If the subdivision is for the conveyance of land to a government agency, public entity, public utility, or abutting property owner where a new building lot or site is not created as a result of the conveyance.
3. In the case of a new subdivision, the subdivider shall pay one hundred percent (100%) of the drainage fees at time of issuance of the building permit.
4. The Base Fee, used to determine Drainage Fees, shall be established, from time to time, by city council resolution. The fees will be adjusted annually, for implementation January 1 of each year, based on the change in the Engineering News-Record 20-City Construction Cost Index over the prior year.
   1. Agricultural Land (20 acre minimum) shall not be assessed an acreage fee.
   2. Rural Land (5 acre minimum) shall only be assessed an acreage fee for one acre in any parcel split. Additional acreage shall not be charged an acreage fee.
   3. For individual existing structures, costs of additions will be determined by multiplying the Base Fee per acre by the areas of the lot and multiplying this product by the runoff coefficient “C” designated to this individual structure. Additions under 120 square feet are exempt.
   4. For individual lots the Drainage Fee shall be determined by multiplying the Base Fee per acre by the area of the lot, excluding the area falling within the public street right-of-way, calculated to the nearest hundredth of an acre, and multiplying this product by the runoff coefficient “C” designated to the lot.
   5. For subdivisions the Drainage Fee shall be determined by multiplying the Base Fee per acre by the gross area of the subdivision excluding the area falling within the public street right-of-way prior to the land being subdivided, and multiplying this product by the runoff coefficient “C” designated to this subdivision.
   6. Runoff coefficients shall be determined from the Land Use Designation Map of the Fort Bragg General Plan or as actually zoned. The runoff coefficients (C values) for each of the various land use designations shall be as follows:
   1. No lot shall be subject to payment of the full amount of fee, under the terms of this ordinance, more than once.
   2. With the filing of the improvement plans for the first unit of any subdivision, the subdivider or developer shall submit a master storm drainage plan for the entire area covered by the tentative map. In so doing, the subdivider or developer shall design the system to essentially conform to the Fort Bragg Drainage Study plan. The subdivider shall construct and dedicate to the city, the necessary storm water drainage improvements.
   3. Whenever permanent off site storm drainage facilities are required by the city to be constructed and installed as a part of said subdivision, in connection with the development of such subdivision, an amount of money based on the cost of construction of such storm drainage facilities shall be credited against storm drainage fees chargeable to such owners as defined in 12.14.030 provided such facilities are owned by the city at the time the owner pays such fees, or will be owned by the city upon the acceptance thereof by the city, until the amount of such credit is exhausted. In the event that the amount so credited under this section exceeds the storm drainage fees which are chargeable to such owner, the amount of such excess shall be reimbursed as determined by the city engineer, based on the estimated cost of facilities at the time of original construction. The reimbursement will be based on the percentage of the area that other benefited lands are in relation to the city benefit area. The subdivider will be reimbursed by the city from moneys received from the benefiting lands pursuant to this ordinance. Reimbursements under this paragraph shall terminate ten years after acceptance by the city of the construction and installation of the facilities on which the reimbursement are based.
   4. The fee collected in connection with non-residential projects on parcels larger than 10,000 square feet shall not exceed ten percent (10%) of the total project cost. When a partial fee is collected under this provision, the remaining portion shall be collected on the same basis at time of future construction activity until the entire fee amount is collected.
      The fee collected in connection with construction projects on industrially zoned parcels larger than ten (10) acres shall be determined on a case by case basis following an evaluation of the need for new or upgraded facilities to accommodate the increased stormwater discharge and the construction of storm water facilities by the applicant as a part of the project.

TABLE IV-1. RUNOFF COEFFICIENTS “C”

	Land Use Zoning	Runoff Coefficient “C”
	Residential:
RVH	Very High Density Residential	0.75
RM	Medium Density Residential	0.70
RH	High Density Residential	0.65
RL	Low Density Residential	0.55
RS	Suburban Residential	0.40
RR	Rural Residential	0.35
	Commercial:
CN	Neighborhood Commercial	0.85
CO	Office Commercial	0.85
CBD	Central Business District	0.85
CG	General Commercial	0.85
CH	Highway Visitor Commercial	0.85
	Industrial:
IH	Heavy Industrial	0.90
HD	Harbor District	0.85
IL	Light Industrial	0.85
	Special Purpose Districts:
PR	Neighborhood Park	0.30
A	Agricultural	0.30
FP	Floodplain	0.25
OS	Regional Park & Agricultural Open Space	0.20

 

1. Fee amounts are applicable to the proposed use. For example, a commercial use occurring in a residential zone shall pay a fee according to the commercial land use schedule.

(Ord. 875 §69, 2008; Ord. 864 §§8,9, 2007; Ord. 831 §1,, 2000; Ord. 761 §1, 1993; Ord. 720 §§1,2, 1990; Ord. 716 §2, 1990; Ord. 713 §3, 1990.)

1. For statutory provisions regarding conversion of existing overhead electric and communication facilities to underground locations, see Streets & Highways Code §5896.1 et seq.; for provisions regarding municipal underground utility districts, see Government Code §38793.
2. Prior ordinance history: Ord. 441.