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and believes that the bio-retention pond will take care of the extra water coming down. He noted, however, that the water coming down the creek prior to Mr. Smith moving there. He concluded that he believes his project will have less traffic and the same amount of water. THE PUBLIC HEARING WAS CLOSED. Commissioner O'Connor stated that developers pay mitigation fees, part of which is for traffic. He noted that the area is somewhat unique in that part of it is in the County and part in the City. He inquired if money received for mitigation goes toward the County road system. 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 water was 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. EXCERPTS: PLANNING COMMISSION MINUTES, January 14, 2009 Page 7 of 10