PC 011409 - Laserfiche WebLink

Ms. Seto replied that monies do not go toward the County road system because these are for projects already set forth in the City's development impact fee study, and none of these projects are in the County area. With respect to the issue that waterwas coming down from another development and crossing the road, Commissioner O'Connor inquired if there were stipulations that water must be controlled from the development such that it does not impact adjacent property. He further inquired if the City could return to developers after the project is completed to have them address and fix water problems. Ms. Seto replied that generally this could be done; however, this would be a private civil matter between the downstream and upstream residents, which only usually takes effect if the upstream residents are concentrating the water flow or changing the patterns of water flow. She noted that as long as the new homes being built are expected to flow their storm water from the roof gutters into the storm drain line in the street and have that gravity flow and other sheet flow existing on the site remain in that channel, it could potentially be argued that there is not significant change to the water patterns because the new impervious surface created should be draining into the storm drain in the street.. Commissioner O'Connor stated that he believed it is the City's responsibility to control water and inquired if it was still within the conditions of approval to require control of water drainage if the City had not engineered it properly. Mr. Jost stated that the City basically puts catch basins on curb returns which is the last point before entering Happy Valley Road. He explained that the basins try to catch all water in the gutter at that point so that none goes across Happy Valley Road. He noted that if the catch basin is within 50 feet of the intersection, there is a chance that the water will not get captured and flow across the street. He added that staff is limited with respect to what can be done in the area because it is a County road the project roads are tying into, and the County has its own standards and design requirements. He noted that this is the first time he has heard about this complaint and that he would look into the matter. He stated, however, that the subdivision improvements have been accepted a while ago. Commissioner O'Connor stated that he did not agree with the City requiring the homeowners to fix the problem when the City's Engineering Division or the developer made some technical mistake, and the City should have, in fact, concentrated on the matter. Commissioner Blank stated that he has seen situations where there is grading which had been approved by the City and the contractor, and three years later, there is heavy rain and the grading was not sufficient. He added that the City cannot be sued for this, and the only course one has is to go back to the developer. He stated that he felt everyone gets together to come up with the best solution, but "should" PLANNING COMMISSION MINUTES, January 14, 2009 Page 12 of 35