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HomeMy WebLinkAboutMINUTES - 08152006 - C.32 (2) i j �F TO: BOARD OF SUPERVISORS, AS GOFER_\Z\G Contra BOA ROOF�T E DISTRICT WATER & ITER � .� Costa FROM1�1 : .-�LT2ICE M. SHIli, CHIEF E\GL\EER Count•���>` I DATE: August 15. 2'006 SLBJECT: Approve the Drainage Fee Collection, Right-of-Way, and Maintenance Agreement between the Flood Control and Water Conservation District and the Cite of Oakley for Drainage Areas 29C,29D,29E,29G. � 29H, 30A. 3013, 30C, 52D and 56;Accept the Engineer's Report; and Fix a public hearing to amend the Flood Control Zone 1 Plan to allow the transfer of three Detention Basins. in the Oakley-area. SPECIFIC R`Q--ESTI S!OR RECOMNIE\DATION.S be BACKGROUND AND JUS T iFICAT.ON RECOMMENDED ACTIO\: 1. APPROVE and AUTHORIZE the Chair. Board of Supervisors. as governing board of the Contra Costa Countv Flood Control and Water Conservation District (District), to execute a Drainage Fee Collection, Right-of-Way. and Maintenance Agreement (.agreement) between the District and the Citi-of Oakley i (Cita-), effective August 15, 2006, and continuing in perpetuity. I 2. ACCEPT the Engineer's Report. i 3. FLS September 26, 2006, at 9:30 a.m. in the Chambers of the Board of Supervisors, Administration Building.Martinez, California. as the time and place for the public hearing on the proposed amendment to the Flood Control Zone (FCZ) 1 Plan to allow the transf n ion basin- the City as outlined I in the Agreement. 2L CO�TfNUED ON ATTACHMENT: El SIGNATL � RECO>I]IENDATION OF COI-NTY ADNIINISTRaTOR RECONINI _-DATION OF BOARD COMMITTEE �/4PPROVE OTHER - I SIGNATURE(S): ACTION OF BOA _ o[. 04PROY'ED AS RECONLNIrNDED OTHER IF VOTE OF SUPERVISORS: I HEREBY CERTIFY"THAT'_�::IS IS A TRUE AND CORRECT / COPY" OF AN ACTION T-XK-N AND ENTERED ON V LNANINIOUS;_-YBSENT ���� ) MINUTES OF THE BOA3D OF SUPERVISORS ON THE � AYES: NOES: DATE SHO:.N. ABSENT: ABSTAIN: - R\i9:GC_cw _ G:-r'I•.Ri Beard Ord-s-l-,5 O::ts:c'�C S BO DA'-9CDEG H a ABC:=D=6 Ag .t ATTESTED BO S-I.+5.-cti JOHN CULLEVCLERK OF TEE BOARD OF SUPERVISORS cc Carr^_A��:iaisra-.c= i Ce.:arr Asse_scr Pa :ic BY: .DED-M- Gree Conna_cm:an.Flood Conroi Mai:»aa-.ce Division Joe Brandt,Cine of Anx`. BaE'e_-G-eua7..Cia`of Brenmood Jasor:Vo=ar..C.: o=Oa-lev i SUBJECT: Approve the Drainage Fee Collection, Right-of-Way. and Maintenance Agreement between the i Flood Control and Water Conservation District and the Citv of Oakley for Drainage Areas 29C,29D, i 29E.29G.29H,30A,30B,30C,52D and 56;accept the Engineer's Report;and Fix a public hearing to amend the Flood Control Zone 1 Plan to allow the transfer of three Detention Basins, in the Oakley area. DATE: August 16, 2006 PAGE: Paae 2 of 3 At said hearing. this Board will consider and will hear and pass upon any and all written or oral objections to the proposed action. Upon conclusion of the hearing. the Board may abandon the proposed amendment to the zone I plan or proceed with the same. I The Clerk of this Board is DIRECTED to publish a'Notice of the Hearing, pursuant to Government Code Section 6066. once a week for two (2) successive weeks prior to the hearing in the Contra Costa Times. a � newspaper of general circulation. circulated in FCZ 1. Publication shall be completed at least seven (;) dais i prior to said hearing and said notice shall be given for a period of not less than twenty(20) days. The Clerk of the Board is further DIRECTED to mail a copy of the'Notice of Public Hearing to any interested parte who has filed a written request for mailed notice with the Clerk of the Board or with the District, as provided by Government Code Section 64936(a) and 66016(a). Said mailing shall be performed at least fourteen (14) days prior to the hearing. FISCAL IMPACT: No impact to the General Fund. Drainage Area fees are collected by the City and transferred to the District to build drainage facilities. The Agreement provides for the payment of a"collection fee"to the Cite at 0.6 percent of the drainage fees collected. This collection fee will be funded with Drainage Areas 29C, 29D, 29E, 29G. 29H, 30A, 30B, 30C, 62D. and 56 fee revenues. The agreement also provides for the transfer of Drainage Area Benefit Assessment Districts 290, 300 and 520 to the City, including accrued funds and future revenue. These funds are used to fund maintenance of existing drainage facilities in the City. REASONS FOR RECOMMENDATIONS AND BACKGROUND: I Prior to the incorporation of Oakley. the District formed ten drainage areas that now include portions of the Cite. As part of the incorporation of Oakley,the LAFCO approval required the City to support District approved drainage fee increases and other drainage area ordinance revisions designed to repay any existing debts to the District and to continue to collect drainage area fees in the same manner as the County. The City has collected the drainage area fees as required by the LAFCO. However, the L_aFCO did not establish a protocol for transfer of the collected fees to the District and did not provide for acceptance and maintenance of the completed drainage area facilities. The District and the City have negotiated the Agreement to establish the mechanism for fee transfer, the process for right of way acquisition and cone}vane and responsibility for maintenance of completed drainage area facilities. In addition. the City has requested the District to establish. in the Agreement. a process for transferring control i of three FCZ 1 detention basins and their related outfall works to the Cite: and has asked the District to act expeditiously to accomplish the transfer of the detention basins. The District must revise the FCZ 1 Plan to eliminate the detention basins located in Oakley before the basins can be transferred to the City. The Citv Council has approved the subject Agreement that provides for fee transfer, right of way acquisition and conveyance and responsibility for maintenance of drainage area facilities. I SUBJECT: Approve the Drainage Fee Collection, Right-of Way, and -Maintenance Agreement between the Flood Control and Water Conservation District and the Cite of Oaklev for Drainage Areas 29C.29D. 29E,29G,29H,30A,30B,30C,52D and 56;Accept the Engineer's Report:and Fix a public hearing to amend the Flood Control Zone 1 Plan to allow the transfer of three Detention Basins, in the Oakley-area. DATE: August 15, 2006 PAGE: Page 3 of 3 i CONSEQUENCES OF NEGATIVE ACTIO\: I Clarification provided by the Agreement would not be available. Without a hearing. the FCZ Man cannot be revised and transfer of the District detention basins and their related outfall works to the Cin_-will not be accomplished. I I I i f i I i i i I i I I I i I E-NiGINEER's REPORT FOR AmEND-MENT No. 2 TO THE FLOOD CONTROL ZONE PLAN FOR CONTRA COSTA COUNTY FLOOD CONTROL AND NVATER CONSERVATION DISTRICT ZONE 1 PREPARED B?-BOB FARNONE CONTRA COSTA COUNTl-FLOOD CONTROL AND NVATE R CONSERVATION DISTRICT �;G; GLACIER DRIVE MARTINEZ,CA 94-553 AUGUST 2006 I 1. RECONFAIENDATION It is recotmnended that: I a. The Contra Costa Counn- Flood Control and skater Conservation District. Zone 1 Plan be _mended bv transferring control and title of three Flood Control Zone 1 detention basins and their related outfall works to the Cin- of Oakley in accordance with the Drainaae Fee Collection. Right of Way and Maintenance Agreement with � the City of Oaklev approved August 15. 2006: and. b. The 'Notice of Exemption for the amendment of the Flood Control Zone 1 Plan be certified at the time of the Public Hearing for the amendment which is set for September 26. 2006. 2. FLOOD CONTROL ZONE LOCATION AND DESCRIPTION Flood Control Zone 1 is located in East Contra Costa Countv and encompasses the Marsh Creek Watershed. The major creeks in this watershed are Marsh Creek. Dn_- Creek. Deer Creek and Sand Creek. Flood Control Zone I encompasses approximately eighty square miles. The topograph-, of the watershed can be split into two distinct areas: the upper hillside areas to the west and south. and the valley floor to the north and east. The upper watershed is steep with rocky slopes covered with annual grasses and trees. Much of this land is used for grazing. The valley floor is characterized by nearly flat slopes. \Much of this land. which was once made up of orchards. truck farms and row crops. is now rapidly- developing into medium density. single family residential parcels. The City of Brentwood. the southeast portion of the Cin-of Antioch and a portion of Oakley are located within Flood Control Zone 1. I 3. REASON FOR THE FLOOD CONTROL ZONE PLAN ANIENDNIENT I In 1994 the Flood Control Zone 1 Plan was amended (Amendment 1) to add several Drainaue Area detention basins to the Zone Plan. i In Jul` 1999 the Cit} of Oakley incorporated assumed maintenance responsibilities for I Drainage Area facilities built by_ or for the Flood Control District. In conjunction with the recent approval of the Drainage Areas Fee Coll,ction. Right of Wax- and 'Maintenance I Agreement far Drainage Areas (DA) '_9C. 29D. 29E. 29H. 30A. 30B. 30C. 52D and �6. the Citi has agreed to maintain all the subre_ional drainage facilities within its incorporated limits. As part of the agreement the Cin-requested ownership and operation of three of the ! Zone I detention basins so they- could develop secondary- recreational uses. The three basins are DA 300 Brown Road Basin and Laurel Road Basin and DA 30C Freedom High I I i E\GI\EER's REPORT-FLOOD CONTROL ZONE I-AMENDMENT 2 AUGUST 2006 PAGE i School Basin. Before the basins are transferred the Cit}- will develop Operation and Maintenance manuals for each basin assuring the Flood Control District that the priman flood control characteristics of each basin will be paramount to any other secondary uses by the Citi. With transfer of the basins the Cin-will assume ownership. maintenance. liability- and financial responsibilities for the three basins. 4. PROJECT FINACING The three detention basins have been constructed with dex-eloper funds and no further Flood Control District improvements or funding is necessary. The City will be responsible for funding all basin maintenance and or recreational improvements. 5. CALIFORNIA ENVIRONME\T_-1L QUALITY ACT � It has been determined this activity is not sutiect to the California Environmental Qualitn Act(CEQ )pursuant to Section 1�061(b)(=) of Article CEQA guidelines. I R%-Le 6:r dCtiD.'cn_ineers Repe:r: ! A vn--cd I I I i i MAR CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE FEE COLLECTION, RIGHT OF WAY, AND MAINTENANCE AGREEMENT FOR DRAINAGE AREAS 29C, 29D, 29E, 29G, 29H, 30A, 30B, 30C, 52D, AND 56 I I 1. PARTIES Effective on 2006, the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter i referred to as "DISTRICT," and the City of Oakley, a California municipal corporation, hereinafter referred to as "CITY.' mutually agree and promise as follows: 2. PURPOSE I In accordance with Sections 12.2 and 12.3 of the Contra Costa County Flood Control and Water Conservation District Act (Chapter 63 of West's Appendix to the Water Code), DISTRICT has adopted a drainage plan or plans providing for the installation of needed drainage facilities in Drainage Areas 29C, 29D, 29E, 29G, 29H. 30A, 30B, 30C, 52D, AND 56, and has adopted an ordinance or ordinances establishing drainage fees to finance such facilities. A copy of said ordinance(s) is attached to this agreement as Exhibit "A", which is incorporated herein. The area encompassed by said ordinance(s) contains lands within the jurisdictional limits of CITY. In consideration of the fact that CITY will benefit from the installation of the drainage facilities to be financed by the drainage fees, DISTRICT and CITY agree as provided in this agreement. 3. COLLECTION OF FEES A. The CITY official designated to do so by the above-described ordinance(s) shall ; determine and collect the fees imposed by the ordinance(s) within the jurisdictional limits of CITY. All fees collected by CITY shall, within sixty days after the end of each calendar quarter, be forwarded to DISTRICT. B. Within ten days of the receipt of any fee, the aforementioned CITY official shall complete the form attached to this agreement as Exhibit "B", which is incorporated herein, and shall forward the appropriate copy to DISTRICT. DISTRICT shall record in its permanent records the area to which the fee applies and shall, upon request by CITY, provide fee information on any parcel within the drainage area(s). I I C. In consideration for the collection of drainage fees, CITY shall receive from DISTRICT a fee administration charge fixed at 0.5 percent of the total fee amount collected by CITY and forwarded to DISTRICT during the calendar quarter. The fee administration charge shall be paid to CITY, in full, after the end of each calendar quarter in which fees have been transmitted to the DISTRICT and within thirty days of receipt by the i DISTRICT. I I i 1 I I D. Should any legal action be filed challenging the validity of the above-described ordinance(s) or the fees established thereunder, DISTRICT shall defend and indemnify CITY and its officers and employees, against the same. DISTRICT's ! obligation to defend and indemnify shall not apply to any legal action resulting from errors or omissions by CITY, its officers or employees in connection with CITY's � performance under this agreement, and CITY shall defend and indemnify DISTRICT, its officers and employees in connection with DISTRICT's performance under this i agreement. DISTRICT shall not attempt to recover from CITY any drainage fees I imposed by the above-described ordinance(s) within the jurisdictional limits of CITY, but inadvertently not collected by CITY. In such event. CITY's inadvertent failure to collect shall not excuse payment by the subdivider, developer, landowner, or other responsible party, and CITY shall use its best efforts and cooperate with DISTRICT to secure payment from the responsible party. Inadvertent failure to collect adequate j drainage fees may result in the inability to complete planned drainage area facilities. I E. DISTRICT may from time to time amend the drainage plan(s) and ordinance(s) or adopt a new drainage fee ordinance(s) with CITY's prior written approval. 4. RIGHTS OF WAY I A. To the maximum extent allowed by law, CITY shall require developers within CITY's jurisdictional limits to furnish, by offer of dedication or grant, all land rights necessary for installation of drainage plan facilities. Said land rights shall be obtained in the i name of CITY, except as provided otherwise in Subsection C of this Section 4. B. Those land rights that cannot legally be obtained by CITY in the manner specified in Subsection A of this Section 4 shall be obtained by DISTRICT, by dedication, purchase, condemnation, through the use of drainage fees, or through the use of i other funds available for acquisition of land rights that cannot legally be obtained by CITY. Said land rights shall initially be obtained in the name of DISTRICT and, except as provided otherwise in Subsection C of this Section 4, transferred to CITY. The i CITY shall promptly accept the transferred land rights. C. Land rights for installation of those drainage plan facilities listed in Exhibit "C" j attached to this agreement and incorporated herein shall be obtained in fee simple in the name of DISTRICT. i I 5. ACCEPTANCE, MAINTENANCE, AND HOLD HARMLESS j I A. CITY shall approve the design plans and proposed construction of drainage plan facilities prior to the installation of said drainage plan facilities and accept when the � installation work is complete those drainage plan facilities located within CITY's jurisdictional limits, except for those drainage plan facilities listed in Exhibit "C," which shall be accepted by DISTRICT. B. Except for those drainage plan facilities listed in Exhibit "C," CITY shall, following acceptance or annexation by CITY, oven and be responsible for maintaining all drainage plan facilities installed within CITY's jurisdictional limits. In addition, CITY ! shall defend, indemnify, save, and hold harmless DISTRICT, its officers and I 2 I 1 i I employees against any and all claims, demands, suits, costs, expenses, and liability for any damages, injury, sickness or death arising after CITY's acceptance or annexation of said facilities, relating to the design, construction, use, operation, or maintenance of said facilities. I I C. Except as provided otherwise in Subsection D of this Section 5, DISTRICT shall, following acceptance by DISTRICT, own and be responsible for maintaining those drainage plan facilities listed in Exhibit "C." In addition. DISTRICT shall defend, indemnify, save, and hold harmless CITY, its officers and employees against any and I all claims, demands, suits, costs, expenses, and liability for any damages. injury, sickness, or death arising after DISTRICT's acceptance of said facilities, relating to the design, construction, use. operation, or maintenance of said facilities. I D. Subject to the following conditions, the DISTRICT shall transfer to CITY by quitclaim deed those drainage detention basin facilities listed in Exhibit "C:" I 1. DISTRICT estimates that the effect of overland release from the Laurel, Brown and Freedom basins due to failure of the basin(s) to contain the design storm i volume or failure of the primary spillway(s) or to convey the design rate of storm water discharge has the potential to create localized flooding but should not significantly affect the operation of the Marsh Creek flood control channel. Should detailed analysis of such overland release become necessary to address the concerns of interested parties, the CITY shall fund the preparation by DISTRICT of a study to determine the hydrological affects. 2. For each basin to be transferred, CITY shall prepare, at its own expense a Basin Maintenance Manual for the basin, subject to the approval of the DISTRICT. DISTRICT's approval shall not be unreasonably withheld. j 3. The transfer of a basin will be made only after an open public meeting process through which adjacent cities and other interested parties are informed of the proposed transfer and have an opportunity to provide input to DISTRICT and CITY. 4. Following transfer of a basin, CITY agrees to: (a) operate and maintain the basin in strict accordance with the requirements established in the Basin Maintenance Manual; and (b) defend, indemnify, save, and hold harmless DISTRICT, its officers and employees against any and all claims, demands, suits, costs, expenses, and liability for any damages, injury, sickness, or death arising after the transfer, whether relating to the design, construction, use, operation, or maintenance of the basin. 5. By accepting the transfer of a basin, CITY acknowledges that the level of flood � protection provided by the basin facilities can be impacted by various factors I within CITY's control, such as infrastructure and land use modifications or i improper basin maintenance. 6. Following transfer of a basin, DISTRICT shall have no responsibility to provide funds for maintenance or operation of the basin, which shall be CITY's sole i responsibility. 7. CITY and DISTRICT will provide the necessary resources to ensure that the obligations of each agency are met in a timely manner. i I 3 i l i I E. To the extent allowed by State law, DISTRICT shall transfer to CITY the Drainage Area Benefit Assessment Districts 290, 300 and 520. Should State law preclude I transfer of the Drainage Area Benefit Assessment (DABA) Districts, DISTRICT shall I transmit to CITY all revenue received from the DABA Districts annually within 90 days i of receipt from the Tax Collector, in which case CITY shall use the revenue in strict accordance with the purpose(s) for which each DABA District was established. i I F Nothing in this agreement shall be construed as imposing in favor of third parties any standard of care different from that normally imposed by law. In addition, nothing in this agreement shall be construed as diminishing the liability of developers and other third parties responsible for the design and/or installation of drainage plan facilities. 6. CITY'S OBLIGATIONS I CITY's obligations under Sections 3, 4, and 5 shall apply to those areas within CITY's I jurisdictional limits at the time of execution of this agreement as well as to any areas subsequently annexed by CITY. 7. PRIOR AGREEMENTS I From and after the effective date, this agreement shall supersede any prior agreement(s) between the parties relating to drainage fee collection for the above-menticned drainage I area(s). I I 8, NOTICES All notices. forms. or payments required by this agreement or law shall be sent by U.S. i I'ail. First Class, or hand-delivered to the parties at the following addresses: CITY OF OAKLEY Attn: City Manager and City Engineer P.O. Box 6 Oakley, CA 94561 DISTRICT i Contra Costa County Public Works Department i Accounting Division 255 Glacier Drive Martinez, CA 94553 I 9. TERMINATION This agreement shall continue in effect so long as any area within CITY's jurisdictional limits is subject to the drainage fee imposed by the above-described ordinance(s). Termination of this agreement shall not affect the provisions of Section 3D and Section 5, I which shall survive termination of this agreement. i 10. AMENDMENT 4 i I I I I I This agreement may be amended at any time with the prior written approval of both parties. I I I CITY OF OAKLEY CONTRA COSTA COUNTY FLOOD CONTROL I AND WATER CONSERVATION DISTRICT I By: By: I t;ayor Chair. Board of Supervisors of Contra Costa County, as the governing body of the Contra I Costa County Flood Control and Water I Conservation District I ATTEST: ATTEST: John Cullen, Clerk of the Board I By: City Clerk of Supervisors and County Administrator I By: I APPROVED AS TO FORM: Deputy Clerk RECOMMENDED FOR APPROVAL: By: City Attorney By: Maurice Shiu, Chief Engineer I I APPROVED AS TO FORM: Sylvano B. Marchesi, County Counsel By: I Deputy i I Attachments: i Exhibit "A" Drainage Area Fee Ordinances Exhibit "B" Drainage Fee Transmittal Form Exhibit"C List of District-Maintained Drainage Plan Facilities I Revised 7;28:06 I I _ I � I i I I I "Contra Costa Times - ' Legals" 1` <cctlegalse-cctimes.c -c _-- . - .. Y. L _' I I THE FOLLOWING e-mail contains pertinent information: please read it carefully in its I entirety. ' I PLEASE NOTE:All of our offices it-ill be closed Labor DaY, llondnr. September d, 2006. i I Goo,'. Morn1:'_ 11 ou h-- e an iu.'Stions re_ar&.-.a the legal. no'ce confirmed D''IQR LIe2�e I reference the LEGAL NL AIBER p.ovided Orh e-maii tocctlegals i cctimes.com reL-a.::ir.--_ � Contra Costa Times. Concord Transcript. or Contra Costa Sun Ic_ai norces xx LEGAL SCHEDULE CO\FIRNL-kTIO'\ rx I - I TYPE In-Colum. Liner. Ciassified Section I LEGAL NUMBER: 64fi3 , 550\- I PU,_ica-cion. CCT Run Datei s i '" :-- ,y IS Lezai Alii v. 419- I Tota, Atnourt - I S' o- i I FOR YOUR INFORMATION - Revisions Cancellations 1 x�,ii' need a cal ce'.:ati •n rzcaes: j referencing the LEGAL \t FIBER—_r al., c'ra:7=es arta hed ill a Fina; draft Iia aloft «c-rd I �c ' glen e a .? r rt PSI. Fri- m-4 S Otherwise. - - D: t,uri_.,_' -.-nla]!eA t�CCtle_alS'!L-CCtim eS.COm �`. Il�� late: .,721: =r I the .►ording of the legal will publish as .ou e-mailed Thanks' i Anashia Liov d Leea, "%el lisin_Coordinator ry I 1415z I y4_-;z -T3S Contra Costa Timies _- TTN Lena DeL_ t. I A.O. Bot 471 Walnut Creek. Ca 9450,6 � I ccuega,s cct:mes corn- — I I I I i I i I - LEGAL PUBLICATION REQUISITION- Contra EQUISITIONContra Costa Count- ,( !J - V I FROM: Clerk of the Board TO: Contra Costa Times I 651 Pine St., Room 106 P.O. Box =1718 Pine Street._ Martinez 94553 Walnut Creel:. CA 94596 I E-'\IA1L: cctlegals ccctimes.com FAX No. 925-943-8359 I DIY L. SHARP AUGUST lli 2006 Requested b��: Date: � I I Phone \o.: 925-33 -1903 Reference No.: 400 o& j i Org.: Sub Object: 2190 Task: S<A✓ Activity: I I Publication Date (s) SEPTalBER-12, 2006 and SEPTDSER 18, 2006 No. of Pages: (2) LEGAL PUBLICATION HEARING TO A`EM THE ZWE PLA=\ FOR FLOOD CO�ZROL I I ZO�,E 1 I I I I i i I( `Y Immediately upon expiration of publication._ send in one affidavit for each publication in I order that the auditor mai- be authorized to pad- you bill. "E-FLAIL' I I - I I Authorized Signatur I I I Please confirm date of publication and ceipt of this fax. j I I I I I I CONTRA COSTA COUNTY PUBLIC WORKS DEP ART11E\T 255 Glacier Drive Martinez, CA 94553 i i The Board of Supervisors. as the Governing Body of the Contra Costa County Flood Control and Rater Conservation District. has set 9 30 a.m. on Tuesday- September 26. -'t'iilAI . m its chambers. Count- Administration n Building. 6_1 Pine Street. Martinez. California. as the time and place for a hearing on amending the zone plan for Flood Control Zone 1 under the provisions of the Flood Control District _pct. I I The proposed zone amendment prox ides for I al Removine three Detention Basins 1 DA '--A Brown Read Basin and Laurel Road Basin. and DA 3610 Freedom High School Basin) from the Zone 1 Plan The proposed zone plan amendment and Engineer's Report are on Tile and available for j inspection at the Contra Costa Count Flood Control and Rater Conservation District office. Vic; Glacier Drive. Martinez- California. or at the office of the Clerk of the Board of Supervisors. I At the public hearing. the Board will consider all -written and oral comments on the ' proposed action. rule on the adequacy of the environmental review. and either approve the proposed action. continue the proceedings. or abandon the proposed actions I I I BY: EMY L SHARP � I PUBLICATION DATES: SEPTEMBER 12. SEPTE%tBER 18. 20,06 � I j I I I I i i , i CONTRA COSTA COUNTY PUBLIC WORKS DEPART--NIEN T 255 Glacier Drive 'Martinez, CA 94553 i PUBLICATION REQUEST ' I i TO: Jane Pennington. Chief. Clerk of the Board Attri: Em_- Sharp_ Deputy- Clerk. Clerk of the Board eshar-(cob.cccountx-.us FROM: Catherine NVIndham Bob Faraone Public Works Department (9_2s) 13-2270or (925) 31;-2390 i I BOARD 1ITG. DATE: August 15. 2006 i PREVIOUSLY APPROVED BY BOS ON: NA � HEARING DATE: September 26, 2006 1 PUBLICATION DATES: Publish notice of hearing once a week for two (2) successive weeks prior to the hearing. REQUESTED PUBLISHING PAPER(S): Contra Costa Times i Do not npe below this line—Publication latrgua.Qe on follon-ha page I i , I i i I i i i I EXHIBIT "A" ORDINANCE NO. 98-56 - I AN ORDINANCE OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ESTABLISHING DRAINAGE FEES-IN THE - CONTRA COSTA.COUNTY FLOOD CONTROL AND _WATER CONSERVATION DISTRICT DRAINAGE AREA 30B I The Board of Supervisors of Contra Costa County as the GoverningBodyof the Contra Costa County Flood Control and Water Conservation District does ordain as follows: I I SECTION 1 Ordinance No. 92-18 of the Contra Costa County.Flood Control and Water Conservation District is hereby repealed. j SECTION 2 The Board hereby enacts the following as the Drainage Fee Ordinance for Drainage Area 30B. j I i SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 30B, Q undary Map and Amended Drainage Plan," dated November, 1988, on file with the Clerk of the _lard of Supervisors, is adopted as the drainage plan for the Contra Costa County Flood Control and Water Conservation District Drainage Area 30B pursuant to Sections 12.2 and 12.3 of the Contra I Costa County Flood Control and Water Conservation District Act (Chapter 63 of West's Appendix of j the Water Code.). i i SECTION II FINDINGS. This Board finds and determines that said drainage area has inadequate drainage facilities; that future subdivision and development of property within said drainage area will have a significant adverse impact on existing and future developments; that development of property within the drainage area, with its resultant increase in impervious surfaces, will require the i construction of facilities described in the drainage plan; that the fees herein provided to be charged are uniformly applied on a square foot of impervious surface basis and fairly apportioned within said drainage are on the basis of benefits conferred on property upon which additional impervious surfaces in said drainage area are constructed; that the estimated total of all fees collectible hereunder does not exceed the estimated total costs of all drainage facilities shown on the drainage plan or included in the Engineer's Report; and that the drainage facilities planned are in addition to existing drainage facilities already serving the drainage area at the time of the adoption of the I drainage plan. I SECTION III EXEMPTIONS. The fee shall not be required for the following: 1) to replace a structure destroyed or damaged by fire, flood, winds or other acts of God, provided the resultant structure has the same, or less impervious surface as the original structure; 2) To modify structures or ^cher impervious surfaces, provided the amount of ground coverage is not increased by more than C-16 square feet; 3) To convey 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; or 4)Any i lot or property for which drainage fees have been fully paid previously. I Ordinance No. 98-56 Page 1 of I I SECTION IV. FEE DEFERMENT. On lots greater than two acres in size, the property owner can defer the payment of the fee on the portion of the lot in excess of two acres that is not a required part of the pending development. The deferment of fee is conditional on the property owners granting as collateral, the development rights to the Board of Supervisors for said area of deferred fee until such time as the fee is paid. i SECTION V. BUILDING PERMITS. Except as permitted under Section III and IV, the Contra Costa County or the city official having jurisdiction shall not issue any building permit for construction within the drainage area until the required drainage fee has been paid. For initial construction the fee shall be as set for the in Section VII. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be $410 per pool. For other construction, modifications or replacements to an existing facility that cause an increase in impervious surface, including, but not limited to, driveways, walks patios, etc., the amount of net increase in impervious surface shall be subject to a fee of$0� per square foot, but not to exceed the amount required under Section VII. I SECTION VI SUBDIVISIONS. Except as permitted under Sections III and IV, the subdivider shall pay the drainage fee on the entire proposed subdivision or on each individual unit for which a final or parcel map is filed prior to recordation of said map. Town house, condominium, and cluster housing type subdivisions creating individual lots less than 4,000 square feet shall be treated as multifamily residential and the lot size used in determining the "square feet of land per unit" shall be the lot size prior to subdividing. Except as noted above, the fee for all other subdivisions shall be calculated on an individual lot basis. The fee amount shall be as set forth in Section Vii. SECTION VII. FEE SCHEDULE14 0 Measure Muilding Permit Subdivisio Com cial/Industrial/Downtown office Acre $ 382.00 $22,968 Office (Me m) Acre $18, 24.00 $20,4 .00 Office (Light) Acre 515,3 .00 S17 84.00 I Multifamily residentia cludi obile Home Parks) Less than 2,500 sq.ft of la r unit Acre 516,848.00 $16,848.00 2,500 to 2,999 " Unit $998.00 $998.00- 3,000 to 3,999" Unit $1,144.00 $1,144.00 4,000 to 4,999"ogf Unit $1,331-09F 1,331.00 5,000 to 5,9apr Unit $1,523,40 S 523.00 6,000 to 99 " Unit $1,7000 $1, 0.00 7.099off 7,999 " Unit S 92.00 $1,8 00 8, 0 +" Unit 1A91,986.00 $1,986. I I Single ily Residential: 4,000 to 4,99 ft. of land per unit Unit S1,39NO $1 41.00 %5,000 to 5,999 " Unit S1,461.0X A.334.00 6,000 to 6,999 " Unit F3,343.00 '52 428.00 7,000 to 7,999 " Unit $2,522.00 8,000 to 9,999" Unit 2,657.00 10,000 to 13,99 Unit S 27.00 U 14,000 to , 9 " Unit $3,3N,00 20, 0 29,999 " Unit $4,040. 30,000 to 39,999 " Unit $4,82.5.00 Ordinance No 98-56 Page 2 of 4 _Measure B__ 'ng Permit Subdivis 40,000+"^ $4009' 0 .-gricultural: 74 09 Under 10%of lot impe s Exem t More than 10% o impervious Acre $: i On single family lots, barns and sheds in excess of 400 square feet and tennis and sports courts shall i not be considered as incidental residential facilities included in the above fee schedule. The drainage fee for the portion of these facilities in excess of 400 square feet shall be calculated using the square foot fee in Section V, and it shall be in addition to the above fee amounts. For the purpose of this ordinance, subject to Section VI, lot size shall be (1)for existing lots, that land shown on the latest equalized assessment roll as a lot; or(2)for new subdivision lots, that land shown on the final or parcel map as a lot. The fee amounts under"Single Family Residential' shall apply to lots containing only one dwelling unit. For multifamily residential (including mobile home parks) the "square feet of land per unit' shall be the quotient obtained by dividing the lot size in square feet by the number of dwelling units proposed to be on the lot. SECTION VIII. FEE PAYMENT. The official having jurisdiction may accept cash or check, or, when authorized by the Districts Chief Engineer, other consideration such as actual construction of a part of the planned drainage facilities by the applicant or his principal. All fees collected hereunder shall be distributed into the appropriate accounts. $0.35 of each $0.52 collected will be deposited in the County Treasury to the account of the drainage facilities fund established for the drainage area. remaining $0.17 of each $0.52 will be deposited into the Flood Control Zone 1 fund to be used i for improvements in the Marsh Creek Regional Improvement Plan. Monies in said funds shall be i expended solely for land acquisition, construction, engineering, administration, repair maintenance and operation or-reimbursement for the same, in whole or in part, of planned drainage facilities within the drainage area, or the Marsh Creek Regional Improvement Plan. Said monies may also be used to reduce the principal or interest of any indebtedness of the drainage area, or the Flood Control Zone 1 fund. SECTION IX. CREDIT. Drainage fees previously paid shall be credited as follows: A Where drainage fees have been paid under a former drainage fee ordinance based on acreage, fees shall not be required under Section VII for any part of the total area for which the fee was paid, except in the case of a resubdivision. B Where drainage fees have been paid under this ordinance or another drainage fee ordinance based on impervious surface, fees shall not be required under Section VII for the total impervious surface area for which the fee was paid. However, fees shall be payable under Section VII for any additional impervious surface area. C Where drainage fees have been paid other than pursuant to an adopted drainage fee ordinance, the dollar amount of the fee paid for the development site in question shall be credited against the fees payable under Section VII. j Ordinance No. 98-56 Page 3 of 4 . • T I SECTION X. REVIEW OF FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on January 1 to account for i inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not require further notice or public hearing. i SECTION XI. EFFECTIVE DATE. This ordinance becomes effective 60 days after passage, and within 15 days of passage shall be published once with the name of supervisors voting for and against it in the Brentwood News, a newspaper published in this area. I PASSED AND ADOPTED ON law-M, by the following vote: AYES: SUI3ERVISORS UILKEMA, GERBER, DESAUINIER, CANCIAI�IITT.A and ROGERS i NOES: NONE ABSENT: NONE ABSTAIN: NONE Chair of the Board— ATTEST: PHIL BATCHELOR i Clerk of the Board of Supervisors and County Administrator Deputy G\ttdctl`•. Uton\DA30B Exhib Kdoc 10122%98 I i t Ord;nance No. 98-56 Page oi4 i DRALNAGE AREA DA30B - FLOOD CON-TROL FEE INCREASES EFFECTIVE JA\`C ARY 1. 2003 ORDL.A_VCE 98-56 FUND 2-546 BUILDING SUBDIVISION DESCRIPTION MEASURE PERMIT RATE RATE Pool Fee Pool 513 513 Square Foot Sq. Ft. 0.59 0.59 OTHER: Commercial/Industrial/Downtown Office Acre 23,970 25,445 Office(Medium) Acre 20,542 22,956 I Ofice( Light) Acre 17,190 19,376 MULTIFAMILY RESIDENTIAL (INCLUDING MOBILE HOME PARKS): Less than 2,500 sq. ft. of land per unit Acre 18,887 18,887 2,500 TO 2,999 sq. ft. " Unit 1,119 1,119 3,000 TO 3,999 sq. ft. " Unit 1,282 1,282 4,000 TO 4,999 sq. ft. " Unit 1,492 1,492 5,000 TO 5,999 sq.ft. " Unit 1,707 1,707 6,000 TO 6,999 sq.ft. " Unit 1,917 1,917 l_ l 7,000 TO 7,999 sq. ft. " Unit 2,121 2,121 8,000+sq.ft. " Unit 2,227 2,227 SINGLE FAMILY RESIDENTIAL: I Less than 4,000 TO 4.999 sq. ft. of land per unit Unit - R4 1,568 2,512 5,000 TO 5,999 sq. ft. " Unit - R5 1,637 2,617 6,000 TO 6,999 sq. ft. " Unit - R6 1.707 2,722 7,000 TO 7,999 sq. ft. " Unit - R7 1.778 2,827 8,000 TO 9,999 sq. ft. " Unit - R8 1,882 2,978 10.000 TO 13.999 sq. ft. " Unit - R10 2,092 3,281 14,000 TO 19,999 sq. ft. " Unit - R14 2,441 3,777 20,000 TO 29,999 sq. ft. " Unit - R20 3.019 4,529 30,000 TO 39.999 sq. ft. " Unit - R30 3.748 5,409 i 40,000 sq. ft. + Unit - R40 4.494 6,230 - i AGRICULTURAL: Under 10% of lot impervious Acre EXEMPT More than 10% of lot impervious Acre 22.851 Drainage Facilities Portion Sq. Ft. 0.39 Flood Zone 1 - Marsh Creek Im rv. Sq. Ft. 0.20 cola 11;19.2002 4:05 PM t ` .P EXHIBIT "All ORDINANCE NO. 98-55 AN ORDINANCE OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT i ESTABLISHING DRAINAGE FEES IN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 29H The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Flood Control and Water Conservation District does ordain as follows: SECTION 1 Ordinance No. 92/470 of the Contra Costa County Flood Control and Water Conservation District is hereby repealed. SECTION 2 The Board hereby enacts the following as the Drainage Fee Ordinance for Drainage Area 29H. SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 29H, t1pundary Map and Amended Drainage Plan," dated October, 1987, on file with the Clerk of the Board Supervisors, is adopted as the drainage plan for the Contra Costa County Flood Control and Water Conservation District Drainage Area 29H pursuant to Sections 12.2 and 12.3 of the Contra Costa County Flood Control and Water Conservation District Act (Chapter 63 of West's Appendix of the Water Code.) SECTION II FINDINGS. This Board finds and determines that said drainage area has inadequate I drainage facilities; that future subdivision and development of property within said drainage area will have a significant adverse impact on existing and future developments; that development of property ' within the drainage area, with its resultant increase in impervious surfaces, will require the construction of facilities described in the drainage plan; that the fees herein provided to be charged are uniformly applied on a square foot of impervious surface basis and fairly apportioned within said drainage are on the basis of benefits conferred on property upon which additional impervious surfaces in said drainage area are constructed; that the estimated total of all fees collectible hereunder does not exceed the estimated total costs of all drainage facilities shown on the drainage plan or included in the Engineer's Report; and that the drainage facilities planned are in addition to existing drainage facilities already serving the drainage area at the time of the adoption of the drainage plan. SECTION III EXEMPTIONS. The fee shall not be required for the following: 1) to replace a structure destroyed or damaged by fire, flood, winds or other acts of God, provided the resultant structure has the same, or less impervious surface as the original structure; 2)To modify structures or R ,her impervious surfaces, provided the amount of ground coverage is not increased by more than i (—:JO square feet; 3) To convey 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; or 4) Any lot or property for which drainage fees have been fully paid previously. Ordinance No. 98-55 Page 1 of 4 4 - e SECTION IV. FEE DEFERMENT. On lots greater than two acres in size, the property owner can defer the payment of the fee on the portion of the lot in excess of two acres that is not a required part of the pending development. The deferment of fee is conditional on the property owners grantir as collateral, the development rights to the Board of Supervisors for said area of deferred fee until such time as the fee is paid. SECTION V. BUILDING PERMITS. Except as permitted under Section III and IV, the Contra Costa County or the city official having jurisdiction shall not issue any building permit for construction within the drainage area until the required drainage fee has been paid. For initial construction the fee shall be as set for the in Section VII. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be $2�0 per pool. For other construction, modifications or replacements to an existing facility that cause an increase in impervious surface, including, but not limited to, driveways, walks patios, etc., the amount of net increase in impervious surface shall be subject to a fee of$0� per square foot, but not to exceed the amount required under Section VII. SECTION VI SUBDIVISIONS. Except as permitted under Sections III and IV, the subdivider shall pay the drainage fee on the entire proposed subdivision or on each individual unit for which a final or parcel map is filed prior to recordation of said map. Town house, condominium, and cluster housing type subdivisions creating individual lots less than 4,000 square feet shall be treated as multifamily residential and the lot size used in determining the "square feet of land per unit" shall be the lot size prior to subdividing. Except as noted above, the fee for all other subdivisions shall be calculated on an individual lot basis. The fee amount shall be as set forth in Section VII. SECTION VII. FEE SCHEDULE Ftts =v%cx-ears .A 0 Measure Building Permit Subdivision Co rcial/Industrial/Downtown office Acre $ 793.00 $23,410.00 Office ( um) Acre $18, 7.00 $20,871.Qf Office (Light) Acre S15,62 00 $17,61 . 0 Multifamily residenti2NQcludingohTobile Home Parks) Less than 2,500 sq. ft of la unit Acre S17,172.00 X 0917,172.00 2,500 to 2,999" Unit $1,017.00 $1,017.00 3,000 to 3,999" Unit $1,166.00 $1,166.00 4,000 to 4,999" Unit $1,356.00 356.00 5,000 to 5,99 Unit $1,552. $ , 52.00 6,000 to&M9" Unit $1,74 .00 $1,2Q.00 7,00 7,999 " Unit $1 9.00 $1,92%0 8,MO + " Unit 024.00 $2,024. Ole Single mily Residential: 4,000 to 4, sq. ft. of land per unit Unit Si, .00 284.00 5,000 to 5,999" Unit $1,489. 2,379.00 6,000 to 6,999" Unit $1,552.00 $2,475.00 7,000 to 7,999" Unit $1,616.00 $2,570.00 8,000 to 9,999" Unit $1,711.0708.00 10,000 to 13.9 9 9100, Unit 51,902 S1X83.00 �) i 14,000 to 19 Unit $2, 00 $3,4 .00 20,000 ,999 " Unit $ 45.00 $4,118. 0 30 to 39,999" Unit 3,407.00 $4,918.00 i Ordinance No.98-55 Page 2 of 4 t Measure BQding Permit _Subdivis 40,000+"" Unit $4,001%4110 $566 Agricultural: Under 10%, of lot imperviolTs Exemp More than 10% of lo Ofipervious Acre $2 6 On single family lots, barns and sheds in excess of 400 square feet and tennis and sports courts shall not be considered as incidental residential facilities included in the above fee schedule. The drainage fee for the portion of these facilities in excess of 400 square feet shall be calculated using the square foot fee in Section V, and it shall be in addition to the above fee amounts. For the purpose of this ordinance, subject to Section Vl, lot size shall be (1) for existing lots, that land i shown on the latest equalized assessment roll as a lot; or(2)for new subdivision lots, that land shown on the final or parcel map as a lot. The fee amounts under"Single Family Residential" shall apply to lots containing only one dwelling unit. For multifamily residential (including mobile home parks) the "square feet of land per unit" shall be the quotient obtained by dividing the lot size in i square feet by the number of dwelling units proposed to be on the lot. SECTION VIII. FEE PAYMENT. The official having jurisdiction may accept cash or check, or, when authorized by the District's Chief Engineer, other consideration such as actual construction of a part of the planned drainage facilities by the applicant or his principal. All fees collected hereunder shall be deposited in the County Treasury to the account of the drainage facilities fund established for i the drainage area. Monies in said funds shall be expended solely for land acquisition, construction, Ogineering, administration, repair maintenance and operation or reimbursement for the same, in whole or in part, of planned drainage facilities within the drainage area or used to reduce the principal or interest of any indebtedness of the drainage area. SECTION IX. CREDIT. Drainage fees previously paid shall be credited as follows: A Where drainage fees have been paid under a former drainage fee ordinance based on acreage, fees shall not be required under Section VII for any part of the total area for which the fee was paid, except in the case of a resubdivision. B Where drainage fees have been paid under this ordinance or another drainage fee ordinance based on impervious surface, fees shall not be required under Section VII for the total impervious surface area for which the fee was paid. However, fees shall be payable under I Section VII for any additional impervious surface area. C Where drainage fees have been paid other than pursuant to an adopted drainage fee ordinance, the dollar amount of the fee paid for the development site in question shall be credited against the fees payable under Section Vll. i r__1 Ordinance No. 98`55 Page 3 of 4 SECTION X. REVIEW OF FEES. Project cost estimates shall be reviewed every ry year that this , ordinance is in effect. The fee schedule shall be adjusted annually on January 1 to account for i inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not require further notice or public hearing. I SECTION XI. EFFECTIVE DATE. This ordinance becomes effective 60 days after passage, and within 15 days of passage shall be published once with the name of supervisors voting for and against it in the Antioch Daily Ledger, a newspaper published in this area. I PASSED AND ADOPTED ONI.0-15-fp by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, CANCIAMILLA and ROGERS NOES: NONE ABSENT: NONE ABSTAIN: NONT e kALr of the Board ATTEST: PHIL BATCHELOR Clerk of the Board of Supervisors and County Administrator eputy I GlAdcb"Mil:oniSO DA29H.doc 10121M i I I 11 Ordinance No. 98-55 Paoe 4 of 4 l DRAINAGE AREA 29H FEE INCREASES EFFECTIVE J_Alv'L_ARY 1,2003 i ORDINANCE 98-55 FUND 2569 BUILDING PERMIT SUBDIVISION DESCRIPTION MEASURE RATE RATE Pool Fee Pool 523 523 Square Foot Sq. Ft. 0.60 0.60 OTHER: Comm ercial!IndustrialiDowntown Office Acre 24,431 26,244 Office (Medium) Acre 20,938: 23,397 Ofice( Light) Acre 17,521 19,750 MULTIFAMILY RESIDENTIAL(INCLUDING MOBILE HOME PARKS): Less than 2,500 sq.ft. of land per unit Acre 19,251 19,251 2,500 TO 2,999 sq. ft. " Unit 1,141 1,141 3,000 TO 3,999 sq. ft. " Unit 1,307 1,307 - 4,000 TO 4,999 sq.ft. " Unit 1,520 1,520 5,000 TO 5,999 sq.ft. " Unit 1.740 1,740 6,000 TO 6,999 sq. ft. " Unit 1,954 1,954 �) 7,000 TO 7,999 sq. ft. " Unit 2,162 2,162 8,000+ sq.ft. " Unit 2,269 2,269 SINGLE FAMILY RESIDENTIAL: Less than 4,000 TO 4,999 sq. ft. of land per unit Unit - R4 1,597 2,560 i 5,000 TO 5,999 sq. ft. " Unit - R5 1,669 2,667 i 6,000 TO 6,999 sq. ft. " Unit - R6 1,740 2,775 7,000 TO 7,999 sq. ft. " Unit - R7 1,812 2,881 8,000 TO 9,999 sq. ft. " Unit - R8 1,918: 3,036 10,000 TO 13,999 sq. ft. " Unit - R10 2.132 3,344 l 14,000 TO 19,999 sq. ft. " Unit - R14 2,488 3,850 20.000 TO 29,999 sq.ft. " Unit -R20 3,078 4,617 30,000 TO 39.999 sq. ft. " Unit - R30 3,819 5,513 i 40,000 sq. ft. + Unit - R40 4,581 6,351 AGRICULTURAL: Under 10% of lot impervious Acre EXEMPT EXEMPT More than 10% of lot impervious Acre 23.290 i DA29H 10ASTER New DA29H Rates cola 11x1912002 4:05 PM " EXHIBIT "A" ORDINANCE NO. 98- 49 AN ORDINANCE OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ' ESTABLISHING DRAINAGE FEES IN THE CONTRA COSTA COUNTY FLOOD CONTROL AND I WATER CONSERVATION DISTRICT DRAINAGE AREA 30A The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Flood Control and Water Conservation District does ordain as follows: SECTION 1 Ordinance No. 84-54 of the Contra Costa County Flood Control and Water Conservation District is hereby repealed. SECTION 2 The Board hereby enacts the following as the Drainage Fee Ordinance for Drainage Area 30A. SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 30A, oundary Map and Amended Drainage Plan,"dated April, 1987, on file with the Clerk of the Board of .supervisors, is adopted as the drainage plan for the Contra Costa County Flood Control and Water Conservation District Drainage Area 30A pursuant to Sections 12.2 and 12.3 of the Contra Costa County Flood Control and Water Conservation District Act (Chapter 63 of West's Appendix of the Water Code.) Said drainage plan is hereby amended as set forth in "Drainage Area 30A, Boundary Map and Amended Drainage Plan" dated July 20, 1998. SECTION II FINDINGS. This Board finds and determines that said drainage area has inadequate drainage facilities; that future subdivision and development of property within said drainage area will have a significant adverse impact on existing and future developments; that development of property within the drainage area, with its resultant increase in impervious surfaces, will require the construction of facilities described in the drainage plan; that the fees herein provided to be charged are uniformly applied on a square:foot of impervious surface basis and fairly apportioned within said drainage are on the basis of benefits conferred on property upon which additional impervious surfaces in said drainage area are constructed; that the estimated total of all fees collectible hereunder does not exceed the estimated total costs of all drainage facilities shown on the drainage plan or included in the Engineer's Report; and that the drainage facilities planned are in addition to existing drainage facilities already serving the drainage area at the time of the adoption of the drainage plan. SECTION III EXEMPTIONS. The fee shall not be required for the following: 1)to replace a structure destroyed or damaged by fire, flood, winds or other acts of God, provided the resultant structure has the same, or less impervious surface as the original structure; 2) To modify structures or(j bther impervious surfaces, provided the amount of ground coverage is not increased by more than 100 square feet; 3) To convey land to a government agency, public entity, public utility, or abutting j property owner where a new building lot or site is not created as a result of the conveyance; or 4) Any Ordinance No. 98 page 1 of 4 i JUL Ui piUNUrry ror wnlcn drainage fees have been fully paid previously. SECTION IV. FEE DEFERMENT. On lots greater than two acres in size, the property owner can defer the payment of the fee on the portion of the lot in excess of two acres that is not a required i part of the pending development. The deferment of fee is conditional on the property owners granting, as collateral, the development rights to the Board of Supervisors for said area of deferred fee until such time as the fee is paid. SECTION V. BUILDING PERMITS. Except as permitted under Section III and IV, the Contra Costa County or the city official having jurisdiction shall not issue any building permit for construction i within the drainage area until the required drainage fee has been paid. For initial construction the fee shall be as set for the in Section VII. For single famil residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be $ i per pool. For other construction, modifications or replacements to an existing facility that cause an increase in impervious surface, including, but not limited to, driveways, walks patios, etc., the amount of net increase in impervious surface shall be subject to a fee of$0W per square foot, but not to exceed the amount required under Section VI I. SECTION V1 SUBDIVISIONS. Except as permitted under Sections III and IV, the subdivider shall pay the drainage fee on the entire proposed subdivision or on each individual unit for which a final or parcel map is filed prior to recordation of said map. Town house, condominium, and cluster housing type subdivisions creating individual lots less than 4,000 square feet shall be treated as multifamily residential and the lot size used in determining the "square feet of land per unit" shall be the lot size prior to subdividing. Except as noted above, the fee for all other subdivisions shall be calculated on an individual lot basis. The fee amount shall be as set forth in Section VII. SECTION VII. FEE SCHEDULE FecS -1,CreaSpJa Measure ui[ding Permit Subdivision Co ial/Industrial/Downtown office Acre S ,204.00 $23.851.0 Office(Num) Acre S19, 9.00 $21,265060 Office(Light '00or Acre S15, N.00 $17, 9.00 Multifamily residen Includi obile Home Parks) Less than 2,500 sq. ft of r unit Acre $17,496.00 X J $17,496.00 2,500 to 2,999" Unit $1,036.00 X $1,036.00 3,000 to 3,999 " Unit $1,188.00 $1,188.00 4,000 to 4,999 " Unit $1,382.0 11382.00 5,000 to 5.9 1 Unit S1,582A k,582.00 i 6,000 to aA9" Unit S1,7 .00 $1, 76.00 7,000 7,999" Unit $0635 00 $1,9 .00 8 +" Unit 062.00 S2,06 0 i Single Fa Residential: 4,000 to 4,999 s of land per it Unit I $1,452.ON A.327.00 5,000 to 5,90-9 " Unit 1 $1.517.00 52,424.00 6,000 to 6,999 " Unit I $1,582.00 2,521.00 7,000 to 7,99o " Unit $1,647.0 619.00 „ 8,000 to 9,999 " Unit $1,744 N.O10,000 to 99 " Unit $1,9 .00 14,00 19,999 " Unit S o"2.00 G to 29.99 " U_�ii 2.797.00 i ,rd nance No Qq-$9 Pace 2 � - T Measure uilding Permit Subdivisi M40,000+--- Unit .00 $5,01 Unit $4,163. $ 2.00 Agricultural: i Under 10%of lot im2LVious Jjj68.00 More than 10°/ of impervious Acre 001F, i Ed On single family lots, bams and sheds in excess of 400 square feet and tennis and sports courts shall not be considered as incidental residential facilities included in the above fee schedule. The drainage fee for the portion of these facilities in excess of 400 square feet shall be calculated using the square foot fee in Section V, and it shall be in addition to the above fee amounts. For the purpose of this ordinance, subject to Section VI, lot size shall be (1)for existing lots, that land shown on the latest equalized assessment roll as a lot; or (2)for new subdivision lots, that land shown on the final or parcel map as a lot. The fee amounts under"Single Family Residential" shall apply to lots containing only one dwelling unit. For multifamily residential (including mobile home i parks) the "square feet of land per unit" shall be the quotient obtained by dividing the lot size in square feet by the number of dwelling units proposed to be on the lot. SECTION VIII. FEE PAYMENT. The official having jurisdiction may accept cash or check, or, when authorized by the District's Chief Engineer, other consideration such as actual construction of a part of the planned drainage facilities by the applicant or his principal. All fees collected hereunder shall be distributed into the appropriate accounts. $0.37 of each $0.54 collected will be deposited in ^e County Treasury to the account of the drainage facilities fund established for the drainage area. Ue remaining $0.17 of each $0.54 will be deposited into the Flood Control Zone 1 fund to be used for improvements in the Marsh Creek Regional Improvement Plan. Monies in said funds shall be expended solely for land acquisition, construction, engineering, administration, repair maintenance and operation or reimbursement for the same, in whole or in part, of planned drainage facilities within i the drainage area, or the Marsh Creek Regional Improvement Plan. Said monies may also be used to reduce the principal or interest of any indebtedness of the drainage area, or the Flood Control Zone 1 fund. j SECTION IX. CREDIT. Drainage fees previously paid shall be credited as follows: A Where drainage fees have been paid under a former drainage fee ordinance based on acreage, fees shall not be required under Section VII for any part of the total area for which the fee was paid, except in the case of a resubdivision. B Where drainage fees have been paid under this ordinance or another drainage fee ordinance based on impervious surface, fees shall not be required under Section VII for the total impervious surface area for which the fee was paid. However, fees shall be payable under Section VII for any additional impervious surface area. C Where drainage fees have been paid other than pursuant to an adopted drainage fee ordinance, the dollar amount of the fee paid for the development site in question shall be i credited against the fees payable under Section VII. U Ordinance No 98-49 Face 3 c. , SECTION X. REVIEW OF FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on January 1 to account for inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not require further notice or public hearing. SECTION XI. EFFECTIVE DATE. This ordinance becomes effective 60 days after passage, and within 15 days of passage shall be published once with the name of supervisors voting for and against it in the Brentwood News, a newspaper published in this area. PASSED AND ADOPTED ON/0-&�- by the following vote: i AYES: sxm4ms [AIH (fit, LMM[Ep, avrUNUA ar3 FOM;S NOES: NUKE I I ABSENT: Nm SIN: NONE hair of Me Boar ATTEST: PHIL BATCHELOR Clerk of the Board of Supervisors and County Administrator �l By: Deputy G\B&COAlton`standard ordinance—DA 30A 10/21/98 I I Ordinance No. 98-49 Pave 4 of 4 i I I I DRaL\AGE AREA DA30A- FEE NCREASES EFFECTIVE JAN- ARY 1, 2003 I ORDINANCE 98-49 FUND 2557 BUILDING SUBDIVISION DESCRIPTION MEASURE PERMIT RATE RATE Pool Fee Pool 533: 533 Square Foot Sq. Ft. 0.61 0.61 OTHER: Commercial%Industrial/Downtown Office Acre 24,892 26,738 Office (Medium) Acre 21,333 23,839 Ofice ( Light) Acre 17,852 20,121 MULTIFAMILY RESIDENTIAL(INCLUDING MOBILE HOME PARKS): I Less than 2,500 sq. ft. of land per unit Acre 19,614 19,614 2,500 TO 2,999 sq. ft. " Unit 1.161 1.161 3,000 TO 3,999 sq. ft. " Unit 1,332 1.332 4,000 TO 4,999 sq. ft. " Unit 1,549 1,549 5,000 TO 5,999 sq. ft. " Unit 1,774 1,774 6,000 TO 6,999 sq. ft. " Unit 1,991 1,991 7,000 TO 7,999 sq- ft. " Unit 2,203 2.203 8,000 +sq.ft. " Unit 2,312 2,312 SINGLE FAMILY RESIDENTIAL: Less than 4,000 TO 4,999 sq.ft. of land per unit Unit - R4 1.628 2,609 I 5,000 TO 5,999 sq. ft. " Unit - R5 1.701 2,717 6,000 TO 6,999 sq,ft. " Unit - R6 1,774 2,826 7,000 TO 7,999 sq. ft. " Unit - R7 1,847 2,936 8,000 TO 9,999 sq.ft. " Unit - R8 1,955 3.093 10,000 TO 13,999 sq. ft. " Unit - R10 2,172 3.408 I 14,000 TO 19.999 sq. ft. " Unit - R14 2.536 3,923 20,000 TO 29,999 sq. ft. " Unit - R20 3,135 4,703 30,000 TO 39,999 sq.ft. " Unit - R30 3,892 5,618 i 40,000 sq. ft. + Unit - R40 4.667 6,471 AGRICULTURAL: Under 10% of lot impervious Acre EXEMPT More than 10% of lot impervious Acre 23,730 Drainage Facilities Portion Sq. Ft. 0.41 ! Flood Control Zone 1 - Marsh Creek Imprv. Sq. Ft. 0.20 cola 1119..2002 4:05 PM I s EXHIBIT "A„ e����z -� _ i ORDINANCE NO. 98-54 I AN ORDINANCE OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ESTABLISHING DRAINAGE FEES IN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 29G The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Flood Control and Water Conservation District does ordain as follows: SECTION 1 Ordinance No. 93/19 of the Contra Costa County Flood Control and Water Conservation District is hereby repealed. I SECTION 2 The Board hereby enacts the following as the Drainage Fee Ordinance for Drainage Area 29G. SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 29G, {boundary Map and Amended Drainage Plan,”dated December, 1982, on file with the Clerk of the and of Supervisors, is adopted as the drainage plan for the Contra Costa County Flood Control and Water Conservation District Drainage Area 29G pursuant to Sections 12.2 and 12.3 of the Contra Costa County Flood Control and Water Conservation District Act (Chapter 63 of West's Appendix of the Water Code.) SECTION II FINDINGS. This Board finds and determines that said drainage area has inadequate drainage facilities; that future subdivision and development of property within said drainage area will have a significant adverse impact on existing and future developments; that development of property within the drainage area, with its resultant increase in impervious surfaces, will require the construction of facilities described in the drainage plan; that the fees herein provided to be charged are uniformly applied on a square foot of impervious surface basis and fairly apportioned within said drainage are on the basis of benefits conferred on property upon which additional impervious surfaces in said drainage area are constructed; that the estimated total of all fees collectible hereunder does not exceed the estimated total costs of all drainage facilities shown on the drainage plan or included in the Engineer's Report; and that the drainage facilities planned are in addition to i existing drainage facilities already serving the drainage area at the time of the adoption of the drainage plan. ; SECTION 111 EXEMPTIONS. The fee shall not be required for the following: 1) to replace a structure destroyed or damaged by fire, flood, winds or other acts of God, provided the resultant structure has the same, or less impervious surface as the original structure; 2) To modify structures or Wither impervious surfaces, provided the amount of ground coverage is not increased by more than jo square feet; 3) To convey land to a government agency, public entity, public utility, or abutting i property owner where a new building lot or site is not created as a result of the conveyance; or 4)Any lot or property for which drainage fees have been fully paid previously. Ordinance No. 98-54 Paae 1 of 4 i i d SECTION IV. FEE DEFERMENT. On lots greater than two acres in size, the property owner can defer the payment of the fee on the portion of the lot in excess of two acres that is not a required part of the pending development. The deferment of fee is conditional on the property owners grantin as collateral, the development rights to the Board of Supervisors for said area of deferred fee until such time as the fee is paid. SECTION V. BUILDING PERMITS. Except as permitted under Section III and IV, the Contra Costa County or the city official having jurisdiction shall not issue any building permit for construction within the drainage area until the required drainage fee has been paid. For initial construction the fee shall be as set for the in Section VII. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be $;0 per pool. For other construction, modifications or replacements to an existing facility that cause an increase in impervious surface, including, but not limited to, driveways, walks patios, etc., the amount of net increase in impervious surface shall be subject to a fee of$0;< per square foot, but not to exceed the amount required under Section VII. SECTION VI SUBDIVISIONS. Except as permitted under Sections III and IV, the subdivider i shall pay the drainage fee on the entire proposed subdivision or on each individual unit for which a final or parcel map is filed prior to recordation of said map. Town house, condominium, and cluster housing type subdivisions creating individual lots less than 4,000 square feet shall be treated as multifamily residential and the lot size used in determining the "square feet of land per unit" shall be the lot size prior to subdividing. Except as noted above, the fee for all other subdivisions shall be calculated on an individual lot basis. The fee amount shall be as set forth in Section VII. SECTION VII. FEE SCHEDULE FttS ZIr,C eMS4eA 0 Measure ilding Permit Subdivision CoP§CC iai/Industrial/Downtown office Acre $1 70.00 $18,551.0 m) AefAcre $14, .00 $16,53 Office(Light) Acre S12,38NO 0 S13, .00 i Multifamily residentiNLncludinobile Home Parks) i Less than 2,500 sq. ft of 127M eunit Acre S13,608.00 N 0 513,608.00 2,500 to 2,999" Unit $806.00 $806.00- 3,000 to 3,999" A00r Unit $924.00 $924.00 4,000 to 4,999- 4 Unit $1,075.0 %$1,075.00 5,000 to 5,99 Unit S1,23g& X230.00 6,000 to Qe2g" Unit $1,41.00 $1, 1.00 7,00 7,999" Unit V.599.00 $1,5 .00 0 +" Unit 1,604.00 $1,60 .00 Single Iy Residential: 4,000 to 4,92N ft. of land per unit Unit $1,129.00 1,810.00 5,000 to 5,999" Unit S1,180.00 S1,885.00 6,000 to 6,999" Unit $1,230.00 51,961.00 7,000 to 7,999" Unit S1,281.00Z N4,037.00 8,000 to 9,999" Unit $1,356,K $2, 6.00 10,000 to 13,52fUnit $1,5 .00 $2,36%0 14,000 to 999 " Unit Si 59.00 S2,721. 20,000 29,999" Unit 175.00 $3,263.00 3QMO to 39,999" Unit 52,700.00 $3,897.00 Ordinance No. 98-54 Page 2 of 4 n i _Meas _Building Permit - Subdi on 40,000+"" Unit 38.00 $4 .00 agricultural: Under 10%of lot impe s Exe More than 10% o;Jofrmpervious Acre ,464.00 OOOOp- /r On single family lots, barns and sheds in excess of 400 square feet and tennis and sports courts shall not be considered as incidental residential facilities included in the above fee schedule. The drainage fee for the portion of these facilities in excess of 400 square feet shall be calculated using the square foot fee in Section V, and it shall be in addition to the above fee amounts. For the purpose of this ordinance, subject to Section VI, lot size shall be (1)for existing lots, that land shown on the latest equalized assessment roll as a lot; or(2)for new subdivision lots, that land shown on the final or parcel map as a lot. The fee amounts under"Single Family Residential" shall apply to lots containing only one dwelling unit. For multifamily residential (including mobile home parks) the "square feet of land per unit" shall be the quotient obtained by dividing the lot size in square feet by the number of dwelling units proposed to be on the lot. SECTION VIII. FEE PAYMENT. The official having jurisdiction may accept cash or check, or, when authorized by the District's Chief Engineer, other consideration such as actual construction of a part of the planned drainage facilities by the applicant or his principal. All fees collected hereunder shall be deposited in the County Treasury to the account of the drainage facilities fund established for the drainage area. Monies in said funds shall be expended solely for land acquisition, construction, fi -;-gineering, administration, repair maintenance and operation or reimbursement for the same, in whole or in part, of planned drainage facilities within the drainage area or used to reduce the principal or interest of any indebtedness of the drainage area. i SECTION IX. CREDIT. Drainage fees previously paid shall be credited as follows: A Where drainage fees have been paid under a former drainage fee ordinance based on acreage, fees shall not be required under Section VII for any part of the total area for which the fee was paid, except in the case of a resubdivision. B Where drainage fees have been paid under this ordinance or another drainage fee ordinance based on impervious surface, fees shall not be required under Section VII for the total impervious surface area for which the fee was paid. However, fees shall be payable under Section VII for any additional impervious surface area. C Where drainage fees have been paid other than pursuant to an adopted drainage fee ordinance, the dollar amount of the fee paid for the development site in question shall be credited against the fees payable under Section VII. Ordinance No. 98-54 Page 3 of 4 n , i SECTION.X. REVIEW OF FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on January 1 to account for inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not require further notice or public hearing. SECTION XI. EFFECTIVE DATE. This ordinance becomes effective 60 days after passage, and within 15 days of passage shall be published once with the name of supervisors voting for and against it in the Antioch Daily Ledger, a newspaper published in this area. PASSED AND ADOPTED ONia-Af-9p, by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAUINIER, CANCIAh1IIIA,and ROGERS NOES: NONE . ABSENT: NONE I ABSTAIN: NONE P Chair of the Board_ �" r; ./cp �- ATTEST: PHIL BATCHELOR V Clerk of the Board of Supervisors and County Administrator Deputy G\fldct1%'1i1ton;S0 DA 29G.doc I 10121(98 Ordinance No.98-54 Page 4 of 4 i DRA AGE AREA 29G FEE V CREASES EFFECTNE January 1, 2003 ORDD ANTCE 98-54 FUINM 2568 BUILDING PERMIT SUBDIVISION DESCRIPTION MEASURE RATE RATE Pool Fee Pool 415 415 Square Foot Sq. Ft. 0.47. 0.49 I i OTHER: Commercial.'IndustrialiDowntown Office Acre 19,361 20,797 Office (Medium) Acre 16,592 18,541 Ofice ( Light) Acre 13,884 15,649 MULTIFAMILY RESIDENTIAL(INCLUDING MOBILE HOME PARKS): Less than 2,500 sq. ft. of land per unit Acre 15,255 15,255 i 2,500 TO 2,999 sq.ft. " Unit 903 903 I 3,000 TO 3,999 sq.ft. " Unit 1,036 1,036 4,000 TO 4,999 sq.ft. " Unit 1,205 1,205 5,000 TO 5,999 sq.ft. " Unit 1,379' 1,379 6,000 TO 6,999 sq.ft. " Unit 1,548; 1,548 „ 7,000 TO 7,999 sq. ft. " Unit 1,713, 1,713 t 8,000 + sq. ft. " Unit 1,799° 1,799 SINGLE FAMILY RESIDENTIAL: I Less than 4,000 TO 4,999 sq. ft. of land per unit Unit -R4 1,266' 2,030 5,000 TO 5,999 sq. ft. " Unit -R5 1,323 2,113 i 6,000 TO 6,999 sq. ft. " Unit - R6 : 1,379 2,198 i 7,000 TO 7,999 sq. ft. " Unit -R7 1,436 2,283 8,000 TO 9,999 sq.ft. " Unit - R8 1,520 2,405 10,000 TO 13,999 sq. ft. " Unit - R10 1,690 2,650 14,000 TO 19.999 sq. ft. " Unit - R14 1,972 3,050 20,000 TO 29,999 sq. ft. " Unit - R20 2,438 3,658 30,000 TO 39,999 sq. ft. " Unit - R30 3,026 4,369 40,000 sq.ft. + Unit - R40: 3,630 5.032 i AGRICULTURAL: i Under 10% of lot impen•ious Acre EXEMPT EXEMPT � More than 10% of lot impen!ious Acre 18,457 cola 11;19:2002 4:05 PM i i I "r ' _ EXHIBIT "A" ORDINANCE NO. 98-53 ORDINANCE RDINANCE OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ESTABLISHING DRAINAGE FEES IN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 29E The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Flood Control and Water Conservation District does ordain as follows: SECTION 1 Ordinance No. 88-25 of the Contra Costa County Flood Control and Water Conservation District is hereby repealed. SECTION 2 The Board hereby enacts the following as the Drainage Fee Ordinance for Drainage Area 29E. I SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 29E, zundary Map and Amended Drainage Plan," dated January, 1988, on file with the Clerk of the Board Supervisors, is adopted as the drainage plan for the Contra Costa County Flood Control and Water Conservation District Drainage Area 29E pursuant to Sections 12.2 and 12.3 of the Contra Costa County Flood Control and Water Conservation District Act (Chapter 63 of West's Appendix of the Water Code.) SECTION II FINDINGS. This Board finds and determines that said drainage area has inadequate drainage facilities; that future subdivision and development of property within said drainage area will have a significant adverse impact on existing and future developments; that development of property within the drainage area, with its resultant increase in impervious surfaces, will require the construction of facilities described in the drainage pian; that the fees herein provided to be charged are uniformly applied on a square foot of impervious surface basis and fairly apportioned within said drainage are on the basis of benefits conferred on property upon which additional impervious surfaces in said drainage area are constructed; that the estimated total of all fees collectible i hereunder does not exceed the estimated total costs of all drainage facilities shown on the drainage plan or included in the Engineer's Report; and that the drainage facilities planned are in addition to existing drainage facilities already serving the drainage area at the time of the adoption of the drainage plan. SECTION III EXEMPTIONS. The fee shall not be required for the following: 1) to replace a structure destroyed or damaged by fire, flood, winds or other acts of God, provided the resultant structure has the same, or less impervious surface as the original structure; 2) To modify structures or }her impervious surfaces, provided the amount of ground coverage is not increased by more than U0 square feet; 3) To convey 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; or 4) Any lot or property for which drainage fees have been fully paid previously. i Ordinance No. 98-53 Page 1 of 4 i SECTION IV. FEE DEFERMENT. On lots greater than two acres in size, the property owner can defer the payment of the fee on the portion of the lot in excess of two acres that is not a required part of the pending development. The deferment of fee is conditional on the property owners grantirn as collateral, the development rights to the Board of Supervisors for said area of deferred fee until such time as the fee is paid. SECTION V. BUILDING PERMITS. Except as permitted under Section III and IV, the Contra Costa County or the city official having jurisdiction shall not issue any building permit for construction ' within the drainage area until the required drainage fee has been paid. For initial construction the fee shall be as set for the in Section VII. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be $3 (00 per pool. For other construction, modifications or replacements to an existing facility that cause an increase in impervious surface, including, but not limited to, driveways alks patios, etc., the amount of net increase in impervious surface shall be subject to a fee of$0per square foot, but not to exceed the amount required under Section VII. SECTION VI SUBDIVISIONS. Except as permitted under Sections III and IV, the subdivider shall pay the drainage fee on the entire proposed subdivision or on each individual unit for which a final or parcel map is filed prior to recordation of said map. Town house, condominium, and cluster housing type subdivisions creating individual lots less than 4,000 square feet shall be treated as multifamily residential and the lot size used in determining the "square feet of land per unit" shall be the lot size prior to subdividing. Except as noted above, the fee for all other subdivisions shall be calculated on an individual lot basis. The fee amount shall be as set forth in Section VII. SECTION VII. FEE SCHEDULE FIGS ZhCr¢aSle4 0 Measure uilding Permit Subdivisio C ercial/Industrial/Downton n office Acre $ 092.00 $19,434 Office dium) Acre $15, 5.00 $17, .00 Office(Lia Acre 512,97 0 $1 25.00 P Multifamily reside . I (IncludingpVrobile Home Parks) Less than 2,500 sq. ft oNii1nd unit Acre $14,256.00 $14,256.00 2,500 to 2,999 " Unit $844.00 $844.00 3,000 to 3,999 " Unit S968.00 $968.00 4,000 to 4,999 " Unit $1,126.OQf %1,126.00 5,000 to 5,52rUnit 1 $1,28900 X$1,60 6,000 ,999 " Unit 1 $1,40.00 7 to 7,999" Unit S 01.00 8,000 + " Unit 1,680.00 $1,680 00 i SinglDWWmily Residential: 4,000 to 4, q. ft. of land per unit Unit S1,1 83.N, $1,896.00 5,000 to 5,999" 09! Unit $1,236.00 S1,975.00 6,000 to 6,999" Unit $1,289.00 S2,054.00 7,000 to 7,999" Unit $1,342.0 $2.134.00 8,000 to 9,999" Unit $1,421,011M 248.00 10,000 to 13,9 Unit S1, .00 1 $2,V7.00 14,000 t 999 " Unit $ ,843.00 $2,851.00_ I 20,000 To 29,999 " Unit 1 $2,279.00 $3,418.00 O,dinance No. 98-53 Page 2 o`4 I T Measure ilding Permit Sub vi ' 30,000 to 39,99 Unit $2, .00 $4, 0 40,000+"" Unit $3,392. 03.00 Agricultural: Under 10% of lot impe us Ex t More than 10% of impervious I Acre 7,248.00 On single family lots, barns and sheds in excess of 400 square feet and tennis and sports courts shall not be considered as incidental residential facilities included in the above fee schedule. The drainage fee for the portion of these facilities in excess of 400 square feet shall be calculated using the square foot fee in Section V, and it shall be in addition to the above fee amounts. For the purpose of this ordinance, subject to Section VI, lot size shall be (1) for existing lots, that land shown on the latest equalized assessment roll as a lot; or (2)for new subdivision lots, that land shown on the final or parcel map as a lot. The fee amounts under"Single Family Residential" shall apply to lots containing only one dwelling unit. For multifamily residential (including mobile home parks) the "square feet of land per unit" shall be the quotient obtained by dividing the lot size in square feet by the number of dwelling units proposed to be on the lot. SECTION Vill. FEE PAYMENT. The official having jurisdiction may accept cash or check, or, when authorized by the District's Chief Engineer, other consideration such as actual construction of a part of the planned drainage facilities by the applicant or his principal. All fees collected hereunder shall be deposited in the County Treasury to the account of the drainage facilities fund established for Odrainage area. Monies in said funds shall be expended solely for land acquisition, construction, engineering, administration, repair maintenance and operation or reimbursement for the same, in whole or in part, of planned drainage facilities within the drainage area or used to reduce the principal or interest of any indebtedness of the drainage area. i SECTION IX. CREDIT. Drainage fees previously paid shall be credited as follows: A Where drainage fees have been paid under a former drainage fee ordinance based on acreage, fees shall not be required under Section VII for any part of the total area for which the fee was paid, except in the case of a resubdivision. B Where drainage fees have been paid under this ordinance or another drainage fee ordinance based on impervious surface, fees shall not be required under Section VII for the total impervious surface area for which the fee was paid. However, fees shall be payable under Section VII for any additional impervious surface area. C Where drainage fees have been paid other than pursuant to an adopted drainage fee ordinance, the dollar amour.` of the fee paid for the development site in question shall be credited against the fees payable under Section VII. i i 98-53 Ordinance No. Page 3 0'14 SECTION X. REVIEW OF-FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on January 1 to account for inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not require further notice or public hearing. 0 SECTION XI. EFFECTIVE DATE. This ordinance becomes effective 60 days after passage, and within 15 days of passage shall be published once with the name of supervisors voting for and against it in the Antioch Daily Ledger, a newspaper published in this area. i -PASSED AND ADOPTED ONIPW 9P by the following vote: AYES: SUPERVISORS UILMIA, GERBER, DESAULNIER, CANCIP 4ILLA and ROGERS i NOES: NONE ABSENT: NONE ABSTAIN: MNE Chair of the Board—_ Y� ATTEST: PHIL BATCHELOR Clerk of the Board of Supervisors and County Administrator By: Deputy G\.fldcfllhliRon.SO DA29E.doc 10127.198 i i I I i Ordinance No. 98-53 Pape 4 of 4 i I I DRANAGE AREA DA29E FEE LNI CREASES EFFECTIVE,LA\Ti ARY 1, 2003 I ORDINANCE 98-53 FUND 2548 BUILDING SUBDIVISION DESCRIPTION MEASURE PERMIT RATE RATE Pool Fee Pool 434 434 Square Foot Sq. Ft. 0.49 0.49 OTHER: Commercial/Industrial/Downtown Office Acre 20,282. 21,787 l Office(Medium) Acre 17,381 19,424 Ofice ( Light) Acre 14,546 16,396 MULTIFAMILY RESIDENTIAL(INCLUDING MOBILE HOME PARKS): i Less than 2,500 sq. ft. of land per unit Acre 15,982 15,982 2,500 TO 2,999 sq. ft. " Unit 947 947 3,000 TO 3,999 sq. ft. " Unit 1,085 1,085 4,000 TO 4,999 sq. ft. " Unit 1,263 1.263 i 5,000 TO 5,999 sq. ft. " Unit 1.445 1,445 6,000 TO 6,999 sq. ft. " Unit 1,622 1,622 I 7,000 TO 7,999 sq. ft. " Unit 1,794 1,794 8,000 +sq. ft. " Unit 1,884 1,884 SINGLE FAMILY RESIDENTIAL: Less than 4,000 TO 4,999 sq.ft. of land per unit Unit - R4 1,326 2,125 I 5,000 TO 5.999 sq. ft. " Unit - R5 1,386; 2.214 6,000 TO 6,999 sq. ft. " Unit - R6 1,445. 2,303 7,000 TO 7.999 sq. ft. " Unit - R7 1,504 2.392 8,000 TO 9.999 sq.ft. " Unit - R8 1,593 2,520 10,000 TO 13,999 sq.ft. " Unit - R10 1,770 2,777 14,000 TO 19,999 sq. ft. " Unit - R14 2,067 3,196 20,000 TO 29,999 sq. ft. " Unit - R20 2,555 3,831 30,000 TO 39,999 sq. ft. " Unit - R30 3,171 4,578 40,000 sq. ft. + Unit - R40 3,803 4.566 AGRICULTURAL: Under 10% of lot impervious Acre EXEMPT More than 10% of lot impervious Acre 19.336 DA29E MASTER DA 29E NEW RATES cola 11!19.20024:06 PM I >' EXHIBIT "A„ cAk ORDINANCE NO. 98-52 AN ORDINANCE OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ESTABLISHING DRAINAGE FEES IN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 29D The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Flood Control and Water Conservation District does ordain as follows: SECTION 1 Ordinance No. 93-87 of the Contra Costa County Flood Control and Water Conservation District is hereby repealed. SECTION 2 The Board hereby enacts the following as the Drainage Fee Ordinance for Drainage Area 29D. SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 29D, ^ziundary Map and Amended Drainage Plan," dated August, 1993, on file with the Clerk of the Board )Supervisors, is adopted as the drainage plan for the Contra Costa County Flood Control and Water Conservation District Drainage Area 29D pursuant to Sections 12.2 and 12.3 of the Contra Costa County Flood Control and Water Conservation District Act (Chapter 63 of West's Appendix of the Water Code.) i SECTION II FINDINGS. This Board finds and determines that said drainage area has inadequate drainage facilities; that future subdivision and development of property within said drainage area will have a significant adverse impact on existing and future developments; that development of property within the drainage area, with its resultant increase in impervious surfaces, will require the ! construction of facilities described in the drainage plan; that the fees herein provided to be charged are uniformly applied on a square foot of impervious surface basis and fairly apportioned within said drainage are on the basis of benefits conferred on property upon which additional impervious surfaces in said drainage area are constructed; that the estimated total of all fees collectible hereunder does not exceed the estimated total costs of all drainage facilities shown on the drainage plan or included in the Engineer's Report; and that the drainage facilities planned are in addition to existing drainage facilities already serving the drainage area at the time of the adoption of the drainage plan. SECTION III EXEMPTIONS. The fee shall not be required for the following: 1) to replace a structure destroyed or damaged by fire, flood, winds or other acts of God, provided the resultant structure has the same, or less impervious surface as the original structure; 2) To modify structures or ('per impervious surfaces, provided the amount of ground coverage is not increased by more than i 0 square feet; 3) To convey 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; or 4)Any lot or property for which drainage fees have been fully paid previously. Ordinance No. 98-52 Page 1 of 4 I AT SECTION IV. FEE DEFERMENT. On lots greater than two acres in size, the property owner can defer the payment of the fee on the portion of the lot in excess of two acres that is not a required part of the pending development. The deferment of fee is conditional on the property owners grantin as collateral, the development rights to the Board of Supervisors for said area of deferred fee until such time as the fee is paid. SECTION V. BUILDING PERMITS. Except as permitted under Section III and IV, the Contra Costa County or the city official having jurisdiction shall not issue any building permit for construction within the drainage area until the required drainage fee has been paid. For initial construction the fee i shall be as set for the in Section VII. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be $ i per pool. For other construction, modifications or replacements to an existing facility that cause an increase in impervious surface, including, but not limited to, driveways, walks patios, etc., the amount of net increase in impervious surface shall be subject to a fee of$0,` per square foot, but not to exceed the amount required under Section VII. SECTION VI SUBDIVISIONS. Except as permitted under Sections III and IV, the subdivider shall pay the drainage fee on the entire proposed subdivision or on each individual unit for which a final or parcel map is filed prior to recordation of said map. Town house, condominium, and cluster housing type subdivisions creating individual lots less than 4,000 square feet shall be treated as multifamily residential and the lot size used in determining the "square feet of land per unit" shall be the lot size prior to subdividing. Except as noted above, the fee for all other subdivisions shall be calculated on an individual lot basis. The fee amount shall be as set forth in Section VII. SECTION VII. FEE SCHEDULE FeeS ZV%eW*aSeA O Measure uilding Subdivision mit Com cial/Industrial/Downtown office Acre X3,027.00 $24,735 Office (f41 um) Acre S1 734.00 $22, .00 Office (light) Acre $16, 4.00 $1 14.00 Multifamily residen Inclu96 Mobile Home Parks) i Less than 2,500 sq.ft of er unit Acre $18,144AX $18,144.00 2,500 to 2,999" Unit $1,075.0 $1,075.00 3,000 to 3,999" Unit S1,232A0 X $1,232.00 4,000 to 4,999"4 NUnit $1,4A 00 X S1,433.00 5,000 to 5,99 Unit S 40.00 V1,640.00 6,000 to V59 " Unit 1,842.00 S%842.00 7,000 7,999" Unit $2,038.00 S2, 8.00 8 + ^ Unit Of S2,139.00 $2,1 .00 Single Fa Residential- . 4,000 to 4,999 s of land perb0ft UnitS1, 00 2,413.000 i 5,000 to 5,999" Unit $1,573.Ok $2,514.00 6,000 to 6,999" Unit $1,640.Oy $2,615.00 7,000 to 7,999" Unit $1,70g4O $2,716.00 8,000 to 9,99 Unit $1 8.00 X2,861.00 10,000 to 999" Unit X010.00 S 152.00 14,OKo 19,999" Unit $2,346.00 $3, 8.00 00 to 29,999" Unit $2,900.00 $4,391.00 , Ordinance No. 98-52 Page 2 of 4 n Measure 19Q11ding Subdivisi Per ' 30,000 to 39,99,N41- Unit $3, 00 4,196.00 I ,000+"" Unit S4,317-N $5,986.00 Agricultural: Under 10%of lot ' ervious Ex pt More than of lot impervious Acre JW1,952 On single family lots, barns and sheds in excess of 400 square feet and tennis and sports courts shall not be considered as incidental residential facilities included in the above fee schedule. The drainage fee for the portion of these facilities in excess of 400 square feet shall be calculated using the square foot fee in Section V, and it shall be in addition to the above fee amounts. For the purpose of this ordinance, subject to Section VI, lot size shall be (1) for existing lots, that land shown on the latest equalized assessment roll as a lot; or(2) for new subdivision lots, that land shown on the final or parcel map as a lot. The fee amounts under"Single Family Residential" shall apply to lots containing only one dwelling unit. For multifamily residential (including mobile home parks) the "square feet of land per unit" shall be the quotient obtained by dividing the lot size in square feet by the number of dwelling units proposed to be on the lot. I SECTION VIII. FEE PAYMENT. The official having jurisdiction may accept cash or check, or, when authorized by the District's Chief Engineer, other consideration such as actual construction of a part of the planned drainage facilities by the applicant or his principal. All fees collected hereunder Oil be deposited in the County Treasury to the account of the drainage facilities fund established for the drainage area. Monies in said funds shall be expended solely for land acquisition, construction, engineering, administration, repair maintenance and operation or reimbursement for the same, in whole or in part, of planned drainage facilities within the drainage area or used to reduce the principal or interest of any indebtedness of the drainage area. SECTION IX. CREDIT. Drainage fees previously paid shall be credited as follows: A Where drainage fees have been paid under a former drainage fee ordinance based on acreage, fees shall not be required under Section VII for any part of the total area for which the fee was paid, except in the case of a resubdivision. B Where drainage fees have been paid under this ordinance or another drainage fee ordinance based on impervious surface, fees shall not be required under Section VII for the total impervious surface area for which the fee was paid. However, fees shall be payable under Section VII for any additional impervious surface area. C Where drainage fees have been paid other than pursuant to an adopted drainage fee ordinance, the dollar amount of the fee paid for the development site in question shall be credited against the fees payable under Section VII. I I U I Ordinance No. 98-52 Page 3 of 4 I SECTION X. REVIEW OF FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on January 1 to account for inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not require further notice or public hearing. SECTION XI. EFFECTIVE DATE. This ordinance becomes effective 60 days after passage, and within 15 days of passage shall be published once with the name of supervisors voting for and I against it in the Antioch Daily Ledger, a newspaper published in this area. PASSED AND ADOPTED ON ia Js-9'by the following vote: AYES: SUPERVISORS UILIEMA, GERBER, DESAUINIER, CANCIAMITT.A Ani ROGERS NOES: NONE ABSENT: NONE ABSTAIN: NONE Chair of the Board___-. r :� i` ATTEST: PHIL BATCHELOR Clerk of the Board of Supervisors and County Administrator 0 ADeputy G\fldctl\h'i1ton'1S0 DA 29D.doc 10/27/98 i I ` V I Ordinance No. 98-52 Page 4 of 4 DR-AL\AGE AREA DA29D FEE INCREASES EFFECTIVE JAS-U-ARY 1, 200b - Januar• 1. 200; ORDD ASCE 98-52 FEND 2566 I BUILDING SUBDIVISION DESCRIPTION MEASURE PERMIT RATE RATE Pool Fee Pool 552 552 Square Foot Sq. Ft. 0.63 0.63 OTHER: Commercial/industrial/Downtown Office Acre 25,814 27,729 Office (Medium) Acre 22,123 24,722 Ofice ( Light) Acre 18,513 20,867 MULTIFAMILY RESIDENTIAL(INCLUDING MOBILE HOME PARKS): I Less than 2.500 sq.ft. of land per unit Acre 20.340 20,340 2,500 TO 2,999 sq,ft. " Unit 1.205 1,205 i 3,000 TO 3,999 sq.ft. " Unit 1,381 1,381 4,000 TO 4,999 sq.ft. " Unit 1,607 1,607 5.000 TO 5,999 sq.ft. " Unit 1,839 1,839 6,000 TO 6,999 sq, ft. " Unit 2,064 2,064 7,000 TO 7,999 sq,ft. " Unit 2,284 2,284 8,000 +sq.ft. " Unit 2,398 2,398 SINGLE FAMILY RESIDENTIAL: Less than 4,000 TO 4,999 sq. ft. of land per unit Unit - R4 1,689 2,705 5,000 TO 5,999 sq. ft. " Unit - R5 1,764 2,818 6,000 TO 6,999 sq.ft. " Unit - R6 1.839 2,932 7,000 TO 7,999 sq. ft. " Unit - R7 1.915 3.045 8,000 TO 9,999 sq. ft. " Unit - R8 2.027 3.207 10,000 TO 13,999 sq. ft. " Unit - R10 2,253 3,534 14,000 TO 192999 sq. ft. " Unit - R14 2,630 4.067 20,000 TO 29.999 sq. ft. " Unit - R20 3.251 4,877 30,000 TO 39.999 sq. ft. " Unit - R30 4,036 5,825 40,000 sq.ft. + Unit - R40 4,839 6,711 AGRICULTURAL: Under 10% of lot impervious Acre EXEMPT More than 104 of lot impervious Acre 24,610 i DA29D MASTER DA29D RATES cola 11119.12002 4:06 Pro . - - EXHIBIT A' ORDINANCE NO. 98-51 AN ORDINANCE OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ESTABLISHING DRAINAGE FEES IN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 29C The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Flood Control and Water Conservation District does ordain as follows: SECTION 1 Ordinance No. 93/86 of the Contra Costa County Flood Control and Water Conservation District is hereby repealed. SECTION 2 The Board hereby enacts the following as the Drainage Fee Ordinance for Drainage Area 29C. i SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 29C, Boundary Map and Amended Drainage Plan,"dated August, 1993, on file with the Clerk of the Board i Supervisors, is adopted as the drainage plan for the Contra Costa County Flood Control and Water Conservation District Drainage Area 29C pursuant to Sections 12.2 and 12.3 of the Contra Costa County Flood Control and Water Conservation District Act(Chapter 63 of West's Appendix of the Water Code.) SECTION II FINDINGS. This Board finds and determines that said drainage area has inadequate drainage facilities; that future subdivision and development of property within said drainage area will have a significant adverse impact on existing and future developments; that development of property within the drainage area, with its resultant increase in impervious surfaces, will require the construction of facilities described in the drainage plan; that the fees herein provided to be charged are uniformly applied on a square foot of impervious surface basis and fairly apportioned within said i drainage are on the basis of benefits conferred on property upon which additional impervious I surfaces in said drainage area are constructed; that the estimated total of all fees collectible hereunder does not exceed the estimated total costs of all drainage facilities shown on the drainage plan or included in the Engineer's Report; and that the drainage facilities planned are in addition to existing drainage facilities already serving the drainage area at the time of the adoption of the drainage plan. SECTION III EXEMPTIONS. The fee shall not be required for the following: 1)to replace a structure destroyed or damaged by fire, flood, winds or other acts of God, provided the resultant structure has the same, or less impervious surface as the original structure; 2)To modify structures or ther impervious surfaces, provided the amount of ground coverage is not increased by more than ( 0 square feet; 3) To convey 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; or 4)Any lot or property for which drainage fees have been fully paid previously. Ordinance No. 98-51 Page 1 of 4 • II SECTION IV. FEE DEFERMENT. On lots greater than two acres in size, the property owner can defer the payment of the fee on the portion of the lot in excess of two acres that is not a required part of the pending development. The deferment of fee is conditional on the property owners grantiro as collateral, the development rights to the Board of Supervisors for said area of deferred fee until such time as the fee is paid. SECTION V. BUILDING PERMITS. Except as permitted under Section III and IV, the Contra Costa County or the city official having jurisdiction shall not issue any building permit for construction within the drainage area until the required drainage fee has been paid. For initial construction the fee shall be as set for the in Section VII. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be $*4 per pool. For other construction, modifications or replacements to an existing facility that cause an Increase in impervious surface, including, but not limited to, driveways, walks patios, etc., the amount of net increase in impervious surface shall be i subject to a fee of$" per square foot, but not to exceed the amount required under Section VII. SECTION VI SUBDIVISIONS. Except as permitted under Sections III and IV, the subdivider shall pay the drainage fee on the entire proposed subdivision or on each individual unit for which a final or parcel map is filed prior to recordation of said map. Town house, condominium, and cluster housing type subdivisions creating individual lots less than 4,000 square feet shall be treated as i multifamily residential and the lot size used in determining the "square feet of land per unit" shall be the lot size prior to subdividing. Except as noted above, the fee for all other subdivisions shall be calculated on an individual lot basis. The fee amount shall be as set forth in Section VII. SECTION VII. FEE SCHEDULE Fees TvNweaSed Measure tVuliding Permit SubdivisigOT Com rcial/IndustriaUDowntown office WAcre $%326.00 $20,75 0 Office(2% um) $16V, 2.00 Office(Light .$13,8b%00 $ 622.00 Multifamily residen Includl obile Home Parks) Less than 2,500 sq.ft of r unit $15,228.00 $15,228.00 2,500 to 2,999" Unit $902.00 $902.00 3,000 to 3,999" oggf Unit $1,034.004 $1,034.00 4,000 to 4,999" Unit $1,203. 1,203.00 i 5,000 to 5,9KUnit $1,371MO 9L377.00 6,000 to 99" Unit $1, 6.00 $1X, 46.00 i 7, O'gog 7,999" Unit V,710.00 $1,7%00 p+" Unit 1,795.00 $1,795. Single-PbrAWy Residential: 4,000 to 4,99 . rf land per unit Unit $1,264.ON 0,025.00 5,000 to 5,999" 2sioUnit $1,320.00 $2,110.00 6,000 to 6,999" Unit $1,377.00 $2,194.00 7,000 to 7,999" Unit $1,433.00 142,279.00 8,000 to 9,999" 4001orUnit $1,518.00Z $ 01.00 10,000 to 13,99 Unit $1,687 $2, .00 14,000 to 1 9" Unit $1,9 .00 $3,04 . 0 20,00 29,999" Unit 434.00 $3,651.0 Z0.011-00 to 39,999 " Unit 3,022.00 S4,361.00 i Ordinance No. 98-51 Page 2 of L � Measur Building Permit Subdi n 40,000+ Unit .00 gricultural• Under 10%of lot impgwrbus Eoffipt More than 10% impervious Acre 18,424 On singleamily lots, barns and sheds in excess of 400 square feet and tennis and sports courts shall not be considered as incidental residential facilities included in the above fee schedule. The drainage ; fee for the portion of these facilities in excess of 400 square feet shall be calculated using the square foot fee in Section V, and it shall be in addition to the above fee amounts. For the purpose of this ordinance, subject to Section VI, lot size shall be (1) for existing lots, that land shown on the latest equalized assessment roll as a lot; or(2)for new subdivision lots, that land shown on the final or parcel map as a lot. The fee amounts under"Single Family Residential" shall apply to lots containing only one dwelling unit. For multifamily residential (including mobile home parks)the"square feet of land per unit" shall be the quotient obtained by dividing the lot size in square feet by the number of dwelling units proposed to be on the lot. SECTION VIII. FEE PAYMENT. The official having jurisdiction may accept cash or check, or, when authorized by the District's Chief Engineer, other consideration such as actual construction of a part of the planned drainage facilities by the applicant or his principal. All fees collected hereunder shall be deposited in the County Treasury to the account of the drainage facilities fund established for the drainage area. Monies in said funds shall be expended solely for land acquisition, construction, k_d=gineenng, administration, repair maintenance and operation or reimbursement for the same, in ole or in part, of planned drainage facilities within the drainage area or used to reduce the principal or interest of any indebtedness of the drainage area. SECTION IX. CREDIT. Drainage fees previously paid shall be credited as follows: A Where drainage fees have been paid under a former drainage fee ordinance based on acreage, fees shall not be required under Section VII for any part of the total area for which the fee was paid, except in the case of a resubdivision. B Where drainage fees have been paid under this ordinance or another drainage fee ordinance based on impervious surface, fees shall not be required under Section VII for the total - impervious surface area for which the fee was paid. However, fees shall be payable under Section VII for any additional impervious surface area. C Where drainage fees have been paid other than pursuant to an adopted drainage fee ordinance, the dollar amount of the fee paid for the development site in question shall be credited against the fees payable under Section VII. i Ordnance No. 98-51 Page 3 of 4 : SECTION X. -REVIEW OF FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on January 1 to account for inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not require further notice or public hearing. I SECTION XI. EFFECTIVE DATE. This ordinance becomes effective 60 days after passage, and within 15 days of passage shall be published once with the name of supervisors voting for and against it in the Antioch Daily Ledger, a newspaper published in this area. PASSED AND ADOPTED ONA215 98, by the following vote: AYES: SUPERVISORS UILKE,MA, GERBER, DESAUINIER, CANCIAMIILA and ROGERS NOES: NONE ABSENT: NONE i ABSTAIN: none ry � a Chair of the Board i ATTEST: PHIL BATCHELOR Clerk of the Board of Supervisors and County Administrator i By Deputy -00 G\fldctl\MMOMS0 DA29C.doc i 10/27/98 I Ordinance No. 93-51 Page 4 of 4 • i I DRAINAGE AREA 29C FEE INCREASES EFFECTIVE January 1, 200 ORDINANCE 98-51 FUND 2555 i BUILDING PERMIT SUBDIVISION DESCRIPTION MEASURE RATE RATE Pool Fee Pool 464 464 Square Foot Sq. Ft. 0.52 0.52 OTHER: Commercial/lndustrial!Do4Yntown_Office ___ _._ _ __Acre__ ;___ _ _ 21,665; __ . --23,272 Office (Medium) Acre 18,567' 20,749 Ofice ( Light) Acre 15,538 17,513 MULTIFAMILY RESIDENTIAL(INCLUDING MOBILE HOME PARKS): I Less than 2,500 sq.ft. of land per unit Acre 17,071: 17,071 2,500 TO 2,999 sq.ft. " Unit ! -1,011'. 1,011 3,000 TO 3,999 sq. ft. " Unit I 1,159 1,159 i 4,000 TO 4,999 sq. ft. " Unit 1,349 1,349 5,000 TO 5,999 sq. ft. " Unit 1,544 1,544 6,000 TO 6,999 sq. ft. " Unit 1,733 1,733 7,000 TO 7,999 sq. ft. " Unit 1,917 1,917 I 8,000+sq.ft. " Unit i 2,012' 2,012 ; SINGLE FAMILY RESIDENTIAL: I Less than 4,000 TO 4,999 sq.ft. of land per unit Unit - R4 1,417 2,270 I 5,000 TO 5,999 sq. ft. " Unit - R5 € 1,479. 2,365 6,000 TO 6,999 sq. ft. " Unit - R6 ` 1,544 2,460 7,000 TO 7,999 sq.ft. " Unit - R7 1,607 2,555 8,000 TO 9,999 sq. ft. " Unit - R8 1,702 2,692 I 10,000 TO 13,999 sq. ft. " Unit - R10 1,891 2,966 I 14,000 TO 19.999 sq. ft. " Unit - R14' 2,207 3,413 i 20,000 TO 29,999 sq.ft. " Unit -R20 2,729 4,093 30,000 TO 39,999 sq. ft. " Unit - R30 3,388, 4.889 ' 40,000 sq. ft. + Unit -R40' 4.061 5,632 AGRICULTURAL: Under 10% of lot impervious Acre EXEMPT EXEMPT More than 10% of lot impervious Acre 20.654 i I DA29C MASTER New DA29C Rates COLA 1119.'2002 4:06 PM EXHIBIT "Al! ORDINANCE NO. 2002-24 AN ORDINANCE OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ESTABLISHING DRAINAGE FEES IN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT j DRAINAGE AREA 56 The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Flood Control and Water Conservation District does ordain as follows: I SECTION 1 Ordinance No. 85-52 of the Contra Costa County Flood Control and Water Conservation District is hereby repealed. SECTION 2 The Board hereby enacts the following as the Drainage Fee Ordinance for Drainage Area 56. SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 56, Boundary Map and Amended Drainage Plan," dated January 7, 1987, on file with the Clerk of the Board of Supervisors, is adopted as the drainage plan for the Contra Costa County Flood Control and Water Conservation District Drainage Area 56 pursuant to Sections 12.2 and 12.3 of the Contra Costa County Flood Control and Water Conservation District Act (Chapter 63 of West's Appendix of the Water Code). SECTION II FINDINGS. This Board finds and determines that said drainage area has j inadequate drainage facilities; that future subdivision and development of property within said drainage area will have a significant adverse impact on existing and future developments; that development of property within the drainage area, with its resultant increase in impervious surfaces, will require the construction of facilities described in the drainage plan; that the fees herein provided to be charged are uniformly applied on a square foot of impervious surface basis and fairly apportioned within said drainage area on the basis of benefits conferred on property upon which additional impervious surfaces in said drainage area are constructed; that the estimated total of all fees collectible hereunder does not exceed the estimated total costs of all drainage facilities shown on the drainage plan or included in the Engineer's Report; and that the drainage facilities planned are in addition to existing drainage facilities already serving the drainage area at the time of the adoption of the i drainage plan. SECTION III EXEMPTIONS. The fee shall not be required for the following: 1)to replace a structure destroyed or damaged by fire, flood, winds or other acts of God, provided the i resultant structure has the same, or less impervious surface as the original structure; 2)To modify structures or other impervious surfaces, provided the amount of ground coverage is not increased by more than 100 square feet; 3) To convey land to a government agency, I public entity, public utility, or abutting property owner where a new building lot or site is not � I Ordinance No. 2002-24 Page 1 of 4 i created as a result of the conveyance; or 4)Any lot or property for which drainage fees have been fully paid previously. SECTION IV FEE DEFERMENT. On lots greater than two acres in size, the property owner can defer the payment of the fee on the portion of the lot in excess of two acres that is not a required part of the pending development. The deferment of fee is conditional on the property owners granting, as collateral, the development rights to the Board of Supervisors for said area of deferred fee until such time as the fee is paid. i SECTION V. BUILDING PERMITS. Except as permitted under Section III and IV, the Contra Costa County or the city officials having jurisdiction shall not issue any building permit for construction within the drainage area until the required drainage fee has been paid. For initial construction the fee shall be as set forth in Section VII. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be $510 per pool. For other construction, modifications or replacements to an existing facility that cause an increase in impervious surface, including, but not limited to, driveways, walks patios, etc., the amount of net increase in impervious surface shall be subject to a fee of $0.58 per square foot, but not to exceed the amount required under Section VII. SECTION VI SUBDIVISIONS. Except as permitted under Sections III and IV, the subdivider shall pay the drainage fee on the entire proposed subdivision or on each individual unit for i which a final or parcel map is filed prior to recordation of said map. Town house, condominium, and cluster housing type subdivisions creating individual lots less than 4,000 square feet shall be treated as multifamily residential and the lot size used in determining the "square feet of land per unit" shall be the lot size prior to subdividing. Except as noted above, the fee for all other subdivisions shall be calculated on an individual lot basis. The fee amount shall be as set forth in Section VII. SECTION VII. FEE SCHEDULE Unit I Measure Building Permit Subdivision Commercial/Industrial/Downtown Offices acre $23,850 $25,620 Offices(Medium) acre $20,440 $22,840 Offices(Light) acre $17,105 $19,280 Multiple Residential(Including Mobile Home Parks) Less than 2,500 sq. ft. of land per unit acre $18,790 $18,790 2,500 -2,999 unit $1,115 $1,115 3,000- 3999 unit $1,275 $1,275 4,000-4999 unit S1,485 $1,485 5,000 - 5999 unit $1,700 $1,700 6,000-6,999 unit $1,910 $1.910 7,000-7999 unit $2,110 $2,110 Ordinance No. 2002-24 Page 2 of 4 I i 18,000+ unit $2,215 $2,215 i Single Family Residential 4,000-4,999 sq. ft. of land per unit unit $1,560 $2,500 5,000-5,999 unit $1,630 $2,605 6,000-6999 unit $1,700 $2,710 ! 7,000-7,999 unit $1,770 $2,815 8,000-9,999 unit $1,875 $2,965 10,000- 13,999 unit $2,080 $3,265 14,000- 19,999 unit $2,430 $3,760 20,000-29,999 unit $3,005 $4,505 30,000-39,999 unit $3,730 $5,380 40,000 + unit $4,470 $6,200 Agricultural Under 10%of lot impervious Exempt More than 10%of lot impervious $22,7401acre developed portion On single family lots, barns and sheds in excess of 400 square feet and tennis and sports courts shall not be considered as incidental residential facilities included in the above fee schedule. The drainage fee for the portion of these facilities in excess of 400 square feet shall be calculated using the square foot fee in Section V, and it shall be in addition to the above fee amounts. i For the purpose of this ordinance, subject to Section VI, lot size shall be (1)for existing lots, that land shown on the latest equalized assessment roll as a lot, or(2)for new subdivision lots, that land shown on the final or parcel map as a lot. The fee amounts under "Single Family Residential" shall apply to lots containing only one dwelling unit. For multifamily residential (including mobile home parks) the "square feet of land per unit" shall be the quotient obtained by dividing the lot size in square feet by the number of dwelling units proposed to be on the lot. SECTION VIII. FEE PAYMENT. The official having jurisdiction may accept cash or check, or, when authorized by the District's Chief Engineer, other consideration such as actual construction of a part of the planned drainage facilities by the applicant or his principal. All fees collected hereunder shall be deposited in the County Treasury to the account of the drainage facilities fund established for the drainage area. Monies in said funds shall be expended solely for land acquisition, construction, engineering, administration, repair maintenance and operation or reimbursement for the same, in whole or in part, of planned drainage facilities within the drainage area or to reduce the principal or interest of any indebtedness of the drainage area. Ordinance No. 2002-24 Page 3 of 4 SECTION IX. CREDIT FOR PREVIOUS PAYMENT OF FEES. Drainage fees previously paid shall be credited as follows: A Where drainage fees have been paid under a former drainage fee ordinance based on acreage, fees shall not be required under Section VII for any part of the total area for i which the fee was paid, except in the case of a resubdivision. B Where drainage fees have been paid under this ordinance or another drainage fee ordinance based on impervious surface, fees shall not be required under Section VII for the total impervious surface area for which the fee was paid. However, fees shall be payable under Section VII for any additional impervious surface area. i I C Where drainage fees have been paid other than pursuant to an adopted drainage fee ordinance, the dollar amount of the fee paid for the development site in question shall be credited against the fees payable under Section VII. SECTION X REVIEW OF FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on January 1 to i account for inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not require further notice or public hearing. SECTION XI EFFECTIVE DATE. This ordinance becomes effective 60 days after passage, ' and within 15 days of passage shall be published once with the name of supervisors voting for and against it in the Contra Costa Times,a newspaper published in this area. PASSED AND ADOPTED ON September 10, 2002, by the following vote: AYES: SUPIIt MORS UnM-14, GMER, Des-ALU R, GLOM MD GIOLA NOES: MME ABSENT: rte Chair of the Board ATTEST: John Sweeten Clerk of the Board of Supervisors and County Administrator By: ------ -- -- -- -- -- -------- - C 2 Deputy G'GrpData Fldctl=4dtnieistrarcn=Beard Orders-=i-02 BO DA 55-0RD.djc Ordinance No. 2002-24 Paae 4 of 4 i DRA, AGE AREA DA56 A-MEN-DED FEES Sept 10, 2002 Effective November 11, 2002 � ORDr\NT CE 2002-24 FUND 2566 j BUILDING SLBDIVISION DESCRIPTION MEASURE PERMIT RATE RATE Pool Fee Pool 610 610 Square Foot Sq.Ft. 0.68 0.68 OTHER: CommerciaL`IndustrialDoxcnto«nOffice acre 23,860 26,620 Office(Medium) Acre 20,440 22.840 Oftce(Lioht) Acre 17,106 19,280 NILLTIF -NULY RESIDENTLIL(INCLLBING IiOBILE HOME PARKS): i Less than 2.:00 sq. ft. of land per unit Acre 18.790 18.790 2;:00 TO 2.999 sq.ft. " Unit 1.116 1.116 3.000 TO 3,999 sq.ft. " Unit 1.276 1.276 4.000 TO 4.999 sq. ft. " Unit 1.486 1.486 6,000 TO=,999 sq.ft. " Unit 1-00 1.700 I 6.000 TO 6.999 sq. ft. " Unit 1.910 1,910 7,000 TO 7.999 sq.ft. " Unit 2,110 2,110 i 8.000-sq. ft. " Unit 2,216 2.216 i i SLNGLE FA-NIILY RESIDENTI.AL.: Less than 4.000 TO 4.999 sq. ft.of land per unit Unit -R4 1.660 2,600 6.000 TO 6.999 sq. ft. " Unit -R6 1.630 2.606 6,000 TO 63999 sq. ft. " Unit -R6 1,700 2.710 7,000 TO 7.999 sq. ft. - Unit -R, L770 2.816 j 8.000 TO 9.999 sq. ft. " Unit -R8 1.8'6 2.966 i 10.000 TO 1=.999 sq.ft. " Unit -R10 2.080 3.266 I 14.000 TO 19.999 sq. ft. " Unit -R14 2.430 3.;60 20.000 TO 29.999 sq. ft. " Unit -R20 3.006 4.606 30,000 TO 39.999 sq- ft. " Unit -R30 '30 5.380 40.000 sq. ft.- Unit -R40 4.470 6.200 AGRICULTURAL: i Under 10--_:of lot imner:ious acre EXEXIPT \fore than 10'-of lot impen:ous Acre 22,740 developed portion � i DA5o VASTER DA 5o NEW RATES i Exhibit A ORDINANCE NO. 2001-20 AN ORDINANCE OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ' ESTABLISHING DRAINAGE FEES IN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 52D The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Flood Control and Water Conservation District does ordain as follows: SECTION 1 Ordinance No. 98-58 of the Contra Costa County Flood Control and Water Conservation District is hereby repealed. SECTION 2 The Board hereby enacts the following as the Drainage Fee Ordinance for Drainage Area 52D. SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 52D, Boundary Map and Drainage Plan, Amendment No. 2," dated December 5, i 2001, on file with the Clerk of the Board of Supervisors, is adopted as the drainage plan for the Contra Costa County Flood Control and Water Conservation District Drainage Area 52D pursuant to Sections 12.2 and 12.3 of the Contra Costa County Flood Control and Water Conservation District Act (Chapter 63 of West's Appendix of the Water Code.) SECTION 11 FINDINGS. This Board finds and determines that said drainage area has inadequate drainage facilities; that future subdivision and development of property within said drainage area will have a significant adverse impact on existing and future i developments; that development of property within the drainage area, with its resultant increase in impervious surfaces, will require the construction of facilities described in the drainage plan; that the fees herein provided to be charged are uniformly applied on a square foot of impervious surface basis and fairly apportioned within said drainage are on the basis of benefits conferred on property upon which additional impenjious surfaces in said drainage area are constructed; that the estimated total of all fees collectible hereunder does not exceed the estimated total costs of all drainage facilities shown on the drainage plan or included in the Engineer's Report; and that the drainage Ordinance No. Page 1 of 5 I I I facilities planned are in addition to existing drainage facilities already serving the drainage area at the time of the adoption of the drainage plan. SECTION III EXEMPTIONS. The fee shall not be required for the following: 1) to replace a structure destroyed or damaged by fire, flood, winds or other acts of God, provided the resultant structure has the same, or less impervious surface as the original structure; 2) To modify structures or other impervious surfaces, provided the amount of ground coverage is not increased by more than 100 square feet; 3) To convey 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; or 4)Any lot or property for which drainage fees have been fully paid previously. SECTION IV. FEE DEFERMENT. On lots greater than two acres in size, the property owner can defer the payment of the fee on the portion of the lot in excess of two acres that is not a required part of the pending development. The deferment of fee is conditional on the property owners granting, as collateral, the development rights to the Board of Supervisors for said area of deferred fee until such time as the fee is paid. SECTION V. BUILDING PERMITS. Except as permitted under Section III and IV, i the Contra Costa County or the city official having jurisdiction shall not issue any building permit for construction within the drainage area until the required drainage fee has been paid. For initial construction the fee shall be as set for the in Section VII. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be $704.00 per pool. For other construction, modifications or replacements to an existing facility that cause an increase in impervious surface, including, but not limited to, driveways, walks patios, etc., the amount of net increase in impervious surface shall be subject to a fee of $.80 per square foot, but not to exceed the amount required under Section VII. SECTION VI SUBDIVISIONS. Except as permitted under Sections III and IV, the subdivider shall pay the drainage fee on the entire proposed subdivision or on each individual unit for which a final or parcel map is filed prior to recordation of said map. Town house, condominium, and cluster housing type subdivisions creating individual i lots less than 4,000 square feet shall be treated as multifamily residential and the lot size used in determining the "square feet of land per unit' shall be the lot size prior to subdividing. Except as noted above, the fee for all other subdivisions shall be calculated on an individual lot basis. The fee amount shall be as set forth in Section VII. I Ordinance No. 2001-2-0 Page 2 of 5 i i I SECTION VII. FEE SCHEDULE Measure Building Permit Subdivision Comm ercial!IndustriaUDownW-.,n office Acre 32.896.00 35,336.00 Office Office Acre 28,192.00 31,504.00 Office(Light) Acre 23,592.00 26,592.00 Multifamily residential (including Mobile Home Parks) Less than 2,500 sq. ft of land per unit Acre 25,920.00 25,920.00 2,500 to 2,999" Unit 1,536.00 1,536.00 3,000 to 3,999" Unit 1,760.00 1,760.00 4,000 to 4,999" Unit 2,048.00 2,048.00 5,000 to 5,999" Unit 2,344.00 2,344.00 6,000 to 6,999" Unit 2,632.00 2,632.00 i 7,000 to 7,999" Unit 2,912.00 2,912.00 8,000 + " _Unit 3,056.00 3,056.00 Single Family Residential: 4,000 to 4,999 sq. ft. of land per unit Unit 2,152.00 3,448.00 5,000 to 5,999" Unit 2,248.00 3,592.00 6,000 to 6,999" Unit 2,344.00 3,736.00 7,000 to 7,999" Unit 2,440.00 3,880.00 8,000 to 9,999" Unit 2,584.00 4,088.00 10.000 to 13,999" Unit 2,872.00 4,504.00 14,000 to 19,999" Unit 3,352.00 5,184.00 20,000 to 29,999" Unit 4,144.00 6,216.00 30,000 to 39,999" Unit 5,144.00 7,424.00 40,000+"" Unit 6,168.00 8,553.00 Agricultural: Under 10% of lot impervious IExempt More than 10% of lot impervious I Acre 123,592.00 On single family lots, barns and sheds in excess of 400 square feet and tennis and sports courts shall not be considered as incidental residential facilities included in the above fee schedule. The drainage fee for the portion of these facilities in excess of 400 square feet shall be calculated using the square foot fee in Section V, and it shall be in addition to the above fee amounts. For the purpose of this ordinance, subject to Section VI, lot size shall be (1)for existing lots, that land shown on the latest equalized assessment roll as a lot; or (2) for new subdivision lots, that land shown on the final or parcel map as a lot. The fee amounts under "Single Family Residential" shall apply to lots containing only one dwelling unit. Ordinance No. 120-01-20 Page 3 of 5 i For multifamily residential (including mobile home parks) the "square feet of land per unit" shall be the quotient obtained by dividing the lot size in square feet by the number i of dwelling units proposed to be on the lot. SECTION VIII. FEE PAYMENT. The official having jurisdiction may accept cash or check, or, when authorized by the District's Chief Engineer, other consideration such as actual construction of a part of the planned drainage facilities by the applicant or his principal. All fees collected hereunder shall be distributed into the appropriate accounts. $0.76 of each $0.80 collected will be deposited in the County Treasury to the account of the drainage facilities fund established for the drainage area. The remaining $0.04 of each $0.80 will be deposited into the Flood Control Zone 1 fund to be used for i improvements in the Marsh Creek Regional Improvement Plan. Monies in said funds shall be expended solely for land acquisition, construction, engineering, administration, repair, maintenance and operation or reimbursement for the same, in whole or part, of i planned drainage facilities within the drainage area, or the Marsh Creek Regional Improvement Plan. Said monies may also be used to reduce the principal or interest of any indebtedness of the drainage area, or the Flood Control Zone 1 fund. SECTION IX. CREDIT. Drainage fees previously paid shall be credited as follows: A Where drainage fees have been paid under a former drainage fee ordinance based on acreage, fees shall not be required under Section VII for any part of the total area for which the fee was paid, except in the case of a resubdivision. B Where drainage fees have been paid under this ordinance or another drainage fee ordinance based on impervious surface, fees shall not be required under Section VII for the total impervious surface area for which the fee was paid. i However, fees shall be payable under Section VII for any additional impervious surface area. C Where drainage fees have been paid other than pursuant to an adopted drainage fee ordinance, the dollar amount of the fee paid for the development site in question shall be credited against the fees payable under Section VII. SECTION X.--REVIEW OF FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on January 1 to account for inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not require further notice or public hearing. � Ordinance No.2001'10 Paae 4 of 5 I I SECTION XI. EFFECTIVE DATE. This ordinance becomes effective 60 days after passage, and within 15 days of passage shall be published once with the name of supervisors voting for and against it in the Brentwood News, a newspaper published in this area. i PASSED AND ADOPTED ON Dece«:ber 11 , 20013 BY TETE FOLLOWING: AYES: SUPERVISORS GIOIA, GERBER, DESAULNIER, GLOVER and UILKEMA NOES: NONE ABSENT: NONE Chairffl the i ATTEST: John Sweeten Clerk of the Board of Supervisors and County Administrator By: r Deputy I G:'.GrpDaata'.FIdCGi•.dcr'e:-Cacs^r.=D 520 Package Ordinance No.20011-20 Page 5 of 5 i DRANAGE AREA DA52D FEE Increase effective January 1, 2003 ORDW-A-NCE 2001 -20 FUND 2584 I BUILDING SUBDIVISION DESCRIPTION MEASURE PERMIT RATE RATE Pool Fee Pool 723 723 Square Foot Sq. Ft. 0.82 0.82 OTHER: Commercial/Industrial/Downtown Office Acre 33,771 36,276 Office (Medium) Acre 28,942 32,342 i Ofice ( Light) m Acre 24,220 27,299 MULTIFAMILY RESIDENTIAL (INCLUDING MOBILE HOME PARKS): i Less than 2,500 sq.ft. of land per unit Acre 26.609 26,609 2,500 TO 2,999 sq.ft. " Unit 1,577 1,577 i 3,000 TO 3.999 sq. ft. " Unit 1.807 1,807 4,000 TO 4,999 sq. ft. " Unit 2,102 2,102 5,000 TO 5,999 sq. ft. " Unit 2,406 2,406 6,000 TO 6,999 sq.ft. " Unit 2.702 2,702 7,000 TO 7,999 sq.ft. " Unit 2.989 2,989 8,000 +sq. ft. " Unit 3,137 3,137 SINGLE FAMILY RESIDENTIAL: Less than 4.000 TO 4,999 sq. ft. of land per unit Unit - R4 2,209: 3,540 5,000 TO 5,999 sq. ft. " Unit - R5 2,308 3,688 6,000 TO 6,999 sq.ft. " Unit - R6 2,406 3,835 7,000 TO 7.999 sq. ft. " Unit - R7 2,505 3,983 8,000 TO 9.999 sq. ft. " Unit - R8 2,653 4,197 10,000 TO 13.999 sq.ft. " Unit - R10 2,948 4,624 14,000 TO 19.999 sq. ft. " Unit - R14 3,441 5,322 20,000 TO 29,999 sq. ft. " Unit - R20 4,254 6,381 30,000 TO 39,999 sq. ft. " Unit - R30 5,281 7,621 40,000 sq. ft. + Unit - R40 6,332 8,781 AGRICULTURAL: i Under 10'� of lot impervious Acre EXEMPT More than 10% of lot impervious Acre 24.220 I DA52D MASTER DA 52D NEW RATES 11;19 2002 4:05 Pfv1 i EXHIBIT "A„ ORDINANCE NO. 98-57 AN ORDINANCE OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND ! WATER CONSERVATION DISTRICT ESTABLISHING DRAINAGE FEES IN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 30C The Board of Supervisors of Contra Costa County as the Governing Body of the Contra-Costa County Flood Control and Water Conservation District does ordain as follows: SECTION 1 Ordinance No. 8770 of the Contra Costa County Flood Control and Water Conservation District is hereby repealed. I SECTION 2 The Board hereby enacts the following as the Drainage Fee Ordinance for Drainage Area 30C. SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 30C, " undary Map and Amended Drainage Plan," dated April, 1987, on file with the Clerk of the Board of rapervisors, is adopted as the drainage plan for the Contra Costa County Flood Control and Water Conservation District Drainage Area 30C pursuant to Sections 12.2 and 12.3 of the Contra Costa County Flood Control and Water Conservation District Act (Chapter 63 of West's Appendix of the Water Code.). i SECTION 11 FINDINGS. This Board finds and determines that said drainage area has inadequate drainage facilities; that future subdivision and development of property within said drainage area will ! have a significant adverse impact on existing and future developments; that development of property within the drainage area, with its resultant increase in impervious surfaces, will require the construction of facilities described in the drainage plan; that the fees herein provided to be charged are uniformly applied on a square foot of impervious surface basis and fairly apportioned within said drainage are on the basis of benefits conferred on property upon which additional impervious surfaces in said drainage area are constructed; that the estimated total of all fees collectible i hereunder does not exceed the estimated total costs of all drainage facilities shown on the drainage plan or included in the Engineer's Report; and that the drainage facilities planned are in addition to existing drainage facilities already serving the drainage area at the time of the adoption of the drainage plan. i SECTION III EXEMPTIONS. The fee shall not be required for the following: 1) to replace a structure destroyed or damaged by fire, flood, winds or other acts of God, provided the resultant structure has the same, or less impervious surface as the original structure; 2) To modify structures or ^fiiher impervious surfaces, provided the amount of ground coverage is not increased by more than UO square feet; 3) To convey 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; or 4) Any lot or property for which drainage fees have been fully paid previously. ! Ordinance No. 98-57 Page 1 of SECTION IV. FEE DEFERMENT. On lots greater than two acres in size, the property owner can defer the payment of the fee on the portion of the lot in excess of two acres that is not a required i part of the pending development. The deferment of fee is conditional on the property owners granting as collateral, the development rights to the Board of Supervisors for said area of deferred fee until such time as the fee is paid. SECTION V. BUILDING PERMITS. Except as permitted under Section III and IV, the Contra Costa County or the city official having jurisdiction shall not issue any building permit for construction within the drainage area until the required drainage fee has been paid. For initial construction the fee shall be as set for the in Section VII. For single famil residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be $ per pool. For other construction, modifications or replacements to an existing facility that cause a Increase in impervious surface, including, but not limited to, driveways, walks patios, etc., the amount of net increase in impervious surface shall be subject to a fee of$dA per square foot, but not to exceed the amount required under Section VII. SECTION VI SUBDIVISIONS. Except as permitted under Sections III and IV, the subdivider shall pay the drainage fee on the entire proposed subdivision or on each individual unit for which a final or parcel map is filed prior to recordation of said map. Town house, condominium, and cluster housing type subdivisions creating individual lots less than 4,000 square feet shall be treated as multifamily residential and the lot size used in determining the "square feet of land per unit" shall be the lot size prior to subdividing. Except as noted above, the fee for all other subdivisions shall be calculated on an individual lot basis. The fee amount shall be as set forth in Section VII. SECTION VII. FEE SCHEDULE Fee s 'v1,Cire�aSe Measure Vullding Permit Subdivision Comm ial/Industrial/Downtown office Acre $ 270.00 $18,551.00 Office (hoe Acre $14, 0.00 $16,539 Office(Light) Acre $12,3X00 $13, .00 Multifamily residentialTtViuding ile Home Parks) Less than 2,500 sq. ft of Ian r It Acre $13,608.00 FS13,608.00 2,500 to 2,999" Unit 1 $806.00 $806.00 3,000 to 3,999" Unit $924.00 $924.00 4,000 to 4,999" 09fUnit $1,075.00 1,075.00 5,000 to 5,999" X Unit $1,230. $ 30.00 6,000 to 6,994Unit_ S1,3 .00 $1, 1.0.0 7,000 to 7 9" Unit S 28.00 $1,52%0 8,00Unit 1,604.00 W1,604. I Sin mily Residential: 4,000 to 4, ft. of land per unit Unit $1,i .00 S' 10.00 5,000 to 5,999 Unit $1,180. 1,885.00 6,000 to 6,999" Unit $1,230.00 /$1, .00961 7,000 to 7,999" Unit $1,281.00 X r—$2,037.00 8,000 to 9,999" Unit $1,356.00X2,364.00 46.00 10,000 to 13,999 " Unit $1,507. 14,000 to 19,9 Unit $1,7 .0021.00 20,000 1aW,999 I Unit $ 5.00 $3,%3.00 30,000 to 39,999 1 Unit 2,700.00 1 $3,897.00 i Ordinance No. 98-57 Page 2 of Measure 1111MLIding Permit Subdivis' 40,00 Unit $3,27&&0 $4,4006 Agricultural: I Under 10%of lot i sous Exem ikf More than 1 ° lot impervious Acre $ 64.00 On single family lots, barns and sheds in excess of 400 square feet and tennis and sports courts shall not be considered as incidental residential facilities included in the above fee schedule. The drainage fee for the portion of these facilities in excess of 400 square feet shall be calculated using the square foot fee in Section V, and it shall be in addition to the above fee amounts. For the purpose of this ordinance, subject to Section Vi, lot size shall be (1) for existing lots, that land shown on the latest equalized assessment roll as a lot; or(2)for new subdivision lots, that land shown on the final or parcel map as a lot. The fee amounts under"Single Family Residential" shall apply to lots containing only one dwelling unit. For multifamily residential (including mobile home parks)the "square feet of land per unit" shall be the quotient obtained by dividing the lot size in square feet by the number of dwelling units proposed to be on the lot. SECTION VI11. FEE PAYMENT. The official having jurisdiction may accept cash or check, or, when authorized by the District's Chief Engineer, other consideration such as actual construction of a i part of the planned drainage facilities by the applicant or his principal. All fees collected hereunder shall be distributed into the appropriate accounts. $0.25 of each $0.42 collected will be deposited in the County Treasury to the account of the drainage facilities fund established for the drainage area. Cle remaining $0.17 of each $0.42 will be deposited into the Flood Control Zone 1 fund to be used for improvements in the Marsh Creek Regional Improvement Plan. Monies in said funds shall be expended solely for land acquisition, construction, engineering, administration, repair maintenance and operation or reimbursement for the same, in whole or in part, of planned drainage facilities within the drainage area, or the Marsh Creek Regional Improvement Plan. Said monies may also be used to i reduce the principal or interest of any indebtedness of the drainage area, or the Flood Control Zone 1 fund. SECTION IX. CREDIT. Drainage fees previously paid shall be credited as follows: I A Where drainage fees have been paid under a former drainage fee ordinance based on acreage, fees shall not be required under Section VII for any part of the total area for which the fee was paid, except in the case of a resubdivision. I B Where drainage fees have been paid under this ordinance or another drainage fee ordinance I based on impervious surface, fees shall not be required under Section VII for the total j impervious surface area for which the fee was paid. However, fees shall be payable under Section VII for any additional impervious surface area. C Where drainage fees have been paid other than pursuant to an adopted drainage fee ordinance, the dollar amount of the fee paid for the development site in question shall be credited against the fees payable under Section VII. i I Ordinance No.98-57 Page 3 of 4 SECTION X. REVIEW OF FEES. Project cost estimates shall be reviewed every year thatthis ordinance is in effect. The fee schedule shall be adjusted annually on January 1 to account for inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not require further notice or public hearing. 0 SECTION A. EFFECTIVE DATE. This ordinance becomes effective 60 days after passage, and within 15 days of passage shall be published once with the name of supervisors voting for and against it in the Brentwood News, a newspaper published in this area. PASSED AND ADOPTED ONby the following vote: I AYES: SUEPRVISORS GERBER, DESAULNIER, CANCIAMITT,A AND ROGERS NOES: NONE ABSENT: NONE ABSTAIN: NONE Chair of the Board I ATTEST: PHIL BATCHELOR I Clerk of the Board of Supervisors and County Administrator o By: Deputy G\fldcU\Pv:ilton1,DA30C Exhib Ldoc i 10'22'98 I I i Ordinance No- 98-57 Page 4 of 4 i I • I I DRN�AGE AREA DA30C - FEE 1ICREASES EFFECTIVE JANUARY 1. 2003 ORDD0\CE 98-51 FUND 2558 i BUILDING SUBDIVISION ; DESCRIPTION MEASURE PERMIT RATE RATE Pool Fee Pool 415 415 Square Foot Sq. Ft. 0.47 0.47 i OTHER: Commercial/Industrial/Downtown Office Acre 19,3611 20,797 Office (Medium) Acre 16.592 18,541 Ofice ( Light) Acre 13,884 15,649 MULTIFAMILY RESIDENTIAL (INCLUDING MOBILE HOME PARKS): Less than 2,500 sq. ft. of land per unit Acre 15.255 15,255 2,500 TO 2,999 sq. ft. " Unit 903 903 3,000 TO 3,999 sq. ft. " Unit 1,036: 1,036 i 4,000 TO 4,999 sq. ft. " Unit 1,205 1,205 5,000 TO 5,999 sq. ft. " Unit 1,379 1,379 6,000 TO 6,999 sq.ft. " Unit 1,548 1,548 7,000 TO 7,999 sq. ft. " Unit 1,713 1,713 8,000 + sq. ft. " Unit 1,799 1,799 SINGLE FAMILY RESIDENTIAL: I Less than 4,000 TO 4,999 sq. ft. of land per unit Unit - R4 1,266 2,030 5,000 TO 5,999 sq. ft. " Unit - R5 1.323 2,113 6,000 TO 6,999 sq. ft. " Unit - R6 1,379 2,198 7,000 TO 7,999 sq. ft. " Unit - R7 1,436 2,283 8,000 TO 9,999 sq. ft. " Unit - R8 1,520 2,405 10,000 TO 13,999 sq. ft. " Unit - R10 1,690 2,650 14,000 TO 19,999 sq. ft. " Unit - R14 1,972 3,050 20,000 TO 29,999 sq. ft. " Unit - R20 2,438 3,658 i 30,000 TO 39,999 sq. ft. " Unit - R30 3.026 4,369 40,000 sq. ft. + Unit - R40 3,630 5,032 AGRICULTURAL: Under 10% of lot impervious Acre EXEMPT More than 10°a of lot impervious Acre 18.457 Drainage Facilities Portion Sq. Ft. 0.28 ' t Flood Zone 1 - Marsh Creek Impar. Sq. Ft. 0.20 DA30C MASTER DA 30C NEW RATES cola 11,19:2002 4:05 PP.t EXHIBIT B CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT I DRAINAGE FEE TRANSMITTAL FORM j PRC;1Ea'Y OWNER OWNER'S ACCRESS ASSESSOR'S PARCEL DRA'NAGE AREA SUBDIV'SIONICE`.'ELOPPIENT NC. OR BLDG. PERMIT NO. I FEE ORDINANCE NO. _ =CD FUND NUMBER SUBDIVISIONS OR NEW LOTS AND INITIAL CONSTRUCTION: -AN,LSE TYPE Acre or Unit.)x (Fee)= _ LANG LSE'Yoc .Acre or Unit)x (Fee)= I AND LSE IPE (Acre or Unit'x ,Fee)= OTHER CONSTRUCTION,MODIFICATION OR REPLACEMENT OF EXISTING FACILITY: IMPERVIOUS SURFACE- .(Sq.Ft.)x (Fee)_ ,O—Al AREA! Or I .'Acre or Unit)x (Fee)= i .Arm USE"'PEI POOLS;Only for lots for which crainage fee nas not been raid): CREDIT FOR CONSTRUCTING IMPROVEMENTS OR FEES PREVIOUSLY PAID: IEkPLARATIONI _ `New Area or Net Area increase: TOTAL FEES: 1. No fee if total area;order'00 sq.3. 2. Additiona:fees required for.,barns, sneas, and tennis courm on single family lots.Subtract d00 so-It.from total area for each use if fee on en:ire:ot was paid. 3. Calcv,atiors of area Type of Improvement Calculation Area(sa.ft.) = i Total Area L OLL CCTi NG AG ENC" e'tiCLLDE DE=4RT•1EN7:E.3,PUELC NI-PIKS! COLLECT ORS INIi7.ALS RECE`PT NO. DATE ----------•-----•--------•------•--•-•--••---------------••---------------------•----------------------•-- ---------------------------------------------------- .. -TE: POP.YkARO TO FLCOO CONTROL DISTR'CT WITI-1%'.0 DAYS I CANARD: C`_i. C—.,!G 0EPARTA7E%T RE:AIB FCP' '1:66: -.NK -ORWAR3 To CCC PL13JC'WORKS CEPT. -:IAC:' TREASURER I=CO=C^.G AGENCY_A C" 11r01n'e9tans0'5 30 DENROD C T�TPEASJPER S COPv IF OC_:EC:7NG AGENCY iS A CI 1 i i EIHIBIT"C" ! I FLOOD CONTROL DISTRICT MAI\TT AIMED DRAINAGE FACILITIES Within the Cine of Oakley- Drainage Area 29C: 'None Drainage Area 291): 'None I I Drainage Area_'9E: 'None Drainage Area 29G: 'None I Drainage Area 29H: \one Drainage Area 30A: Marsh Creek Channel *Detention Basin at Laurel Road and Brown Road j *Detention Basin at Laurel Road, east of O'Hara Avenue Drainage Area 30B: Marsh Creek Channel Drainage Area 30C: Marsh Creek Channel *Detention Basin at\eroly Road and O'Hara Avenue (Freedom High Basin) _ I I Drainage Area i2D: Marsh Creek Channel I Drainage Area 56: \one 'Detention Basins that shall be transferred to CITY when Paragraph 5. D of the Drainage Fee Collection Right of Way and Maintenance Agreement is satisfied. 1. DA 30A - Detention Basin at Laurel Road and Brown Road 2. DA 30A-Detention Basin at Laurel Road, east of O'Hara Avenue 3. DA 30C -Detention Basin at'-N-eroly Road and O'Hara Avenue (Freedom High Basin) i I I G:F:dQLDA Agrecnec[:Oa k,EXHIBIT C-r50;_G6.coc i I i i I I I I I I I I i CONTRA COSTA COUNTY FLOOD CONTROL AND I `NATER CONSERVATION DISTRICT DRAINAGE FEE COLLECTION, RIGHT OF WAY, AND i MAINTENANCE AGREEMENT FOR DRAINAGE AREAS 29C, 29D, 29E, 29G, 29H, 30A, 30B, 30G, 52D, AND 56 I 1. PARTIES Effective on Au, ,%r,+" !S 2006, the Contra Costa County Flood Control and Water Conservatio District, a political subdivision of the State of California, hereinafter- referred ereinafter-referred to as "DISTRICT," and the City of Oakley, a California municipal corporation, hereinafter referred to as "CITY," mutually agree and promise as follows: 2. PURPOSE I In accordance with Sections 12.2 and 12.3 of the Contra Costa County Flood Control and Water Conservation District Act (Chapter 63 of 'Nest's Appendix to the 1,°later Code), DISTRICT has adopted a drainage plan or plans providing for the installa`.ion of needed drainage facilities in Drainage Areas 29C, 29D, 29E, 29G, 29H, 30A, 30B, 30C, 52D, AND 56, and has adopted an ordinance or ordinances establishing drainage fees to finance such faci!ities. A copy of said ordinance(s) is attached to this agreement as Exhibit "A", which is incorporated herein. The area encompassed by said ordinance(s) contains lands within the jurisdictional limits of CITY. In consideration of the fact that I CITY will benefit from the installation of the drainage facilities to be financed by the drainage fees, DISTRICT and CITY agree as provided in this agreement. 3. COLLECTION OF FEES I A. The 'CITY official designated to do so by the above-described ordinance(s) shall determine and collect the fees imposed by the ordinance(s) within the jurisdictional ! limits of CITY. All fees collected by CITY shall, within sixty days after the end of each calendar quarter, be forwarded to DISTRICT. B. Within ten days of the receipt of any fee, the aforementioned CITY official shall � complete the form attached to this agreement as Exhibit "B", which is incorporated herein, and shall forward the appropriate copy to DISTRICT. DISTRICT shall record in its permanent records the area to which the fee applies and shall, upon request by CITY, provide fee information on any parcel within the drainage area(s). I C. In consideration for the collection of drainage fees, CITY shall receive from DISTRICT I a fee administration charge fixed at 0.5 percent of the total fee amount collected by CITY and forwarded to DISTRICT during the calendar quarter. The fee administration charge shall be paid to CITY, in full, after the end of each calendar quarter in which � fees have been transmitted to the DISTRICT and within thirty days of receipt by the DISTRICT. I I 1 ' i i D. Should any legal action be fired challenging the validity of the above-described j ordinance(s) or the fees established thereunder, DISTRICT shall defend and indemnify CITY and its officers and employees, against the same. DISTRICT's obligation to defend and indemnify shall not apply to any legal action resulting from errors or omissions by CITY, its officers or employees in connection with CITY's performance under this agreement, and CITY shall defend and indemnify DISTRICT, its officers and employees in connection with DISTRICT's performance under this agreement. DISTRICT shall not attempt to recover from CITY any drainage fees imposed by the above-described ordinance(s) within the jurisdictional limits of CITY, but inadvertently not collected by CITY. In such event, CITY's inadvertent failure to collect shall not excuse payment by the subdivider, developer, landowner, or other responsible party, and CITY shall use its best efforts and cooperate with DISTRICT to secure payment from the responsible party. Inadvertent failure to collect adequate drainage fees may result in the inability to complete planned drainage area facilities. I E. DISTRICT may from time to time amend the drainage plan(s) and ordinance(s) or i adopt a new drainage fee ordinance(s)with CITY's prior written approval. 4. RIGHTS OF WAY A. To the maximum extent allowed by law, CITY shall require developers within CITY's i jurisdictional limits to furnish, by offer of dedication or grant, all land rights necessary for installation of drainage plan facilities. Said land rights shall be obtained in the name of CITY, except as provided otherwise in Subsection C of this Section, 4. B. Those land rights that cannot legally be obtained by CITY in the manner specified in Subsection A of this Section 4 shall be obtained by DISTRICT, by dedication, i purchase, condemnation, through the use of drainage fees, or through the use of i other funds available for acquisition of land rights that cannot legally be obtained by CITY. Said land rights shall initially be obtained in the name of DISTRICT and, except j as provided otherwise in Subsection C of this Section 4, transferred to CITY. The CITY shall promptly accept the transferred land rights. C. Land rights for installation of those drainage plan facilities listed in Exhibit "C" attached to this agreement and incorporated herein shall be obtained in fee simple in the name of DISTRICT. b. ACCEPTANCE, MAINTENANCE, AND HOLD HARMLESS A. CITY shall approve the design plans and proposed construction of drainage plan facilities prior to the installation of said drainage plan facilities and accept when the j installation work is complete those drainage plan facilities located within CITY's jurisdictional limits, except for those drainage plan faci ities listed in Exhibit "C," which I shall be accepted by DISTRICT. B. Except for those drainage plan facilities listed in Exhibit "C," CITY shall, following acceptance or annexation by CITY, own and be responsible for maintaining all drainage plan facilities installed within CITY's jurisdictional limits. In -addition, CITY shall defend, indemnify, save, and hold harmless DISTRICT, its officers and 2 I I I i i employees against any and all claims, demands, suits, costs, expenses, and liability for any damages, injury, sickness or death arising after CITY's acceptance or annexation of said facilities, relating to the design, construction, use, operation, or maintenance of said facilities. C. Except as provided otherwise in Subsection D of this Section 5, DISTRICT shall, following acceptance by DISTRICT, own and be responsible for maintaining those drainage plan facilities listed in Exhibit "C." In addition, DISTRICT sha;l defend, indemnify, save, and hold harmless CITY, its officers and employees against any and all claims, demands, suits, costs, expenses, and liability for any damages. injury, sickness, or death arising after DISTRICT's acceptance of said facilities, relating to the design, construction, use, operation, or maintenance of said facilities. D. Subject to the following conditions, the DISTRICT shall transfer to CITY by quitclaim deed those drainage detention basin facilities listed in Exhibit "C:" 1. DISTRICT estimates that the effect of overland release from the Laurel, Brown and Freedom basins due to failure of the basin(s) to contain the design storm volume or failure of the primary spillway(s) to convey the design rate of storm water discharge has the potential to create localized flooding but should not significantly affect the operation of the Marsh Creek flood control channel. Should detailed analysis of such overland release become necessary to address the concerns of either Party during the term of this agreement, the CITY shall fund the preparation by DISTRICT of a study to determine the hydrological effects. 2. For each basin to be transferred. CITY shall prepare, at its own expense a Basin Maintenance Manual for the basin, subject to the approval of the DISTRICT. DISTRICT's approval shall not be unreasonably withheld. 3. The transfer of a basin will be made only after a legally noticed public hearing by which members of the public and interested parties shall be given an opportunity to be heard by and provide input to the Parties. Interested Parties i are expected to include adjacent cities. 4. Following transfer of a basin. CITY agrees to: (a) operate and maintain the basin in strict accordance with the requirements established in the Basin Maintenance Manual; and (b) defend, indemnify, save, and hold harmless DISTRICT, its officers and employees against any and all claims, demands, suits, costs, expenses, and liability for any damages, injury, sickness, or death ' arising after the transfer, whether relating to the design, construction, use, operation, or maintenance of the basin. 5. By accepting the transfer of a basin, CITY acknowledges that the level of flood protection provided by the basin facilities can be impacted by various factors within CITY's control, such as infrastructure and land use modifications or improper basin maintenance. 6. Following transfer of a basin, DISTRICT shall have no responsibility to provide funds for maintenance or operation of the basin, which shall be CITY's sole responsibility. 7. CITY and DISTRICT will provide the necessary resources to ensure that the obligations of each agency are met in a timely manner. 3 I I i E. To the extent allowed by State law, DISTRICT shall transfer to CITY the Drainage Area Benefit Assessment Districts 290, 300 and 520. Should State law preclude transfer of the Drainage Area Benefit Assessment (DABA) Districts, DISTRICT shall transmit to CITY all revenue received from the DABA Districts annually within 90 days I of receipt from the Tax Collector, in which case CITY shall use the revenue in strict accordance with the purpose(s)for which each DABA District was established. F Nothing in this agreement shall be construed as imposing in favor of third parties any standard of care different from that normally imposed by law. In addition, nothing in this agreement shall be construed as diminishing the liability of developers and other third parties responsible for the design and/or installation of drainage plan facilities. i 6. CITY'S OBLIGATIONS CITY's obligations under Sections 3, 4, and 5 shall apply to those areas within CITY's jurisdictional limits at the time of execution of this agreement as well as to any areas subsequently annexed by CITY. 7. PRIOR AGREEMENTS i From and after the effective date, this agreement shall supersede any prior agreement(s) between the parties relating to drainage fee collection for the above-mentioned drainage i area(s). 8. NOTICES All notices, forms, or payments required by this agreement or law shall be sent by U.S. Mail, First Class, or hand-delivered to the parties at the following addresses: I CITY OF OAKLEY Attn: City Manager and City Engineer i P.O. Box 6 Oakley, CA 94561 DISTRICT Contra Costa County Public Works Department Accounting Division 255 Glacier Drive Martinez, CA 94553 9. TERMINATION This agreement shall continue in effect so long as any area within CITY's jurisdictional limits is subject to the drainage fee imposed by the above-described ordinance(s). Termination of this agreement shall not affect the provisions of Section 3D and Section 51 j which shall survive termination of this agreement. i 4 i i 10. AMENDMENT I I This agreement may only be amended by a writing signed by both parties. CITY OF OAKLEY CONTRA COSTA COUNTY FLOOD CONTROL AND WATER ONSERVATION DISTRICT By: ! - By: Mayor , Chair!Bo d of Supervisors of Contra Costa i Counl(v=`as the governing body of the Contra Costa County Flood Control and Water Conservation District ATTEST: i ATTEST: SEPTDIBER 25. 2005 John Cullen, Clerk of the Board By: of Supervisors and County Administrator City dJerk By: Z9. eputy Clerk i APPROVED AS TO FORM: RECOMMENDED FOR APPROV L: By'. yrz7_A___ _'? I City rney By: c.v I Maun S iu, Chief Engineer APPROVED AS TO FORM: Silvano B. Marchesi, County Counsel Deputy Attachments: Exhibit "A" Drainage Area Fee Ordinances Exhibit "B° Drainage Fee Transmittal Form Exhibit "C" List of District-Maintained Drainage Plan Facilities Revised 81MM I I 5 I . i I I i i RESOLUTION NO. 113-06 A RESOLUTION APPROVING THE DRAINAGE AREA FEE COLLECTION, RIGHT OF WAY, AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF OAKLEY AND THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT i WHEREAS, the City of Oakley's (City) incorporation resolution, identified specifically as County Resolution Number 98/390 and LAFCO Resolution 97-17 contains the following provision: "36 (b) To the extent authorized by law, upon incorporation the City shall support Contra Costa Flood District approved drainage fee increases and other drainage area ordinance revisions designed to repay any existing debts to the Flood Control District, Further,to the extent authorized by law, drainage area fees shall continue to be collected by the new City for the District in the same manner as the County presently does." "36 (c) To the extent authorized by law, the new City shall accept transfer of future District rights of way and maintenance of completed drainage area storm drain improvements." and, WHEREAS, on February 14, 2000 the City Council adopted Resolution Number 22-00 accepting certain real property from the Contra Costa County Flood Control and Water Conservation District(District); and WHEREAS, the City has been collecting drainage area fees on behalf of the District since July 1, 2000; and WHEREAS, the City is interested in owning additional drainage facilities then what was described in the LAFCO resolution, specifically the Laurel Crest detention i basin, the Laurel Ballfields detention basin, and the Freedom Soccer Fields detention basin; and WHEREAS, the City of Oakley and Contra Costa County Flood Control and Water Conservation District have negotiated an agreement regarding the collection of I drainage area fees, acquisition of rights of way for planned flood control projects, maintenance responsibilities for flood control facilities, and the transfer of specific . drainage facilities. NOW, THEREFORE BE IT RESOLVED,THE CITY OF OAKLEY DOES RESOLVE AS FOLLOWS: I Resohltion No. 113-06 Page 1, - i i _ I 1. The Mayor is hereby authorized to execute the Drainage Fee Collection, Right of Way, and Maintenance Agreement for Drainage Areas 29C, 29D, ' 29E, 29G, 29H, 30A, 30B, 30C, 52D, and 56 subject to City Attorney's approval. i 2. The Finance Director is hereby authorized to transmit all previously I collected drainage area fees to the District subject to District executing the I fee collection agreement. 3. The City Engineer shall be designated as the City Official designated to determine and collect the fees referred to by the fee collection agreement. 4. This resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED THIS 14th day of August, 2006 by the following vote: AYES: Anderson, Connelley, Nix, Romick I NOES: None ABSTENTIONS: None I ABSENT: Rios APP OVED: MAYOR ATTEST: I LER Resolution No. 113-06 Page 2 I i _ I I I EXHIBIT A -��w ORDINANCE NO. 98-51 AN ORDINANCE OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND I WATER CONSERVATION DISTRICT ESTABLISHING DRAINAGE FEES IN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 29C I The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County i Flood Control and Water Conservation District does ordain as follows: I SECTION 1 Ordinance No. 93/86 of the Contra Costa County Flood Control and Water Conservation District is hereby repealed. SECTION 2 The Board hereby enacts the following as the Drainage Fee Ordinance for Drainage Area 29C. i SECTION I DRAINAGE PLAN.The drainage plan and map entitled "Drainage Area 29C, Boundary Map and Amended Drainage Plan," dated August, 1993, on file with the Clerk of the Board I of Supervisors, is adopted as the drainage plan for the Contra Costa County Flood Control and Water Conservation District Drainage Area 29C pursuant to Sections 12.2 and 12.3 of the Contra Costa County Flood Control and Water Conservation District Act (Chapter 63 of West's Appendix of the Water Code.) I SECTION 11 FINDINGS. This Board finds and determines that said drainage area has inadequate drainage facilities; that future subdivision and development of property within said drainage area will have a significant adverse impact on existing and future developments; that development of property within the drainage area, with its resultant increase in impervious surfaces, will require the construction of facilities described in the drainage plan; that the fees herein provided to be charged are uniformly applied on a square foot of impervious surface basis and fairly apportioned within said drainage are on the basis of benefits conferred on property upon which additional impervious surfaces in said drainage area are constructed; that the estimated total of all fees collectible hereunder does not exceed the estimated total costs of all drainage facilities shown on the drainage plan or included in the Engineers Report; and that the drainage facilities planned are in addition to existing drainage facilities already serving the drainage area at the time of the adoption of the drainage pian. SECTION 111 EXEMPTIONS. The fee shall not be required for the following: 1) to replace a structure destroyed or damaged by fire, flood, winds or other acts of God, provided the resultant structure has the same, or less impervious surface as the original structure; 2) To modify structures or other impervious surfaces, provided the amount of ground coverage is not increased by more than 100 souare feet; 3) To convey land to a govemment agency, public entity, public utility, or abutting I Prope.`Lty own where a new hUlldirlg IDI Dr Slte IS not Crc;-ted 2S a r$Sllit Df the conveyan,e; Cr 4" Any la o: mope:iv or which Drainage Tees have been Tully Paid previousiv. ; I SECTION IV. FEE DEFERMENT. On lots greater than two acres in size, the property owner I can defer the payment of the fee on the portion of the lot in excess of two acres that is not a required part of the pending development. The deferment of fee is conditional on the property owners granting, j as collateral, the development rights to the Board of Supervisors for said area of deferred fee until such time as the fee is paid. I I SECTION V. BUILDING PERMITS. Except as permitted under Section ilf and IV, the Contra ! Costa County or the city official having jurisdiction shall not issue any building permit for construction within the drainage area until the required drainage fee has been paid. For initial construction the fee I shall be as set for the in Section VI1. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be per pool. For other construction, modifications or replacements to an existing facility that cause an increase in impervious surface, including, but not j limited to, driveways, walks patios, etc., the amount of net increase in impervious surface shall be I subject to a fee of S>4 per square foot, but not to exceed the amount required under Section VII. SECTION VI SUBDIVISIONS. Except as permitted under Sections iiI and iV, the subdivider shall pay the drainage fee on the entire proposed subdivision or on each individual unit for which a final or parcel map is filed prior to recordation of said map. Town house, condominium, and cluster housing type subdivisions creating individual lots less than 4,000 square feet shall be treated as multifamily residential and the lot size used in determining the "square feet of land per unit" shall be I the lot size prior to subdividing. Except as noted above, the fee for all other subdivisions shall be calculated on an individual lot basis. The fee amount shall be as set forth in Section VI I. j SECTION VII. FEE SCHEDULE F!'CS O111Cf'eaSGd ! Measure Building Permit Subdivisi Co m-rciallindus:rial!Downtown office Acre $19.326.00 S20,7 . 0 Office ( ium) Acre 516,562.00 S 08.00 Office(Light) Acre $13.860.00 15.622.00 I I Multifamily residentia cluding Mobile Home Parks) I Less than 2,500 so. ft of Ian er unit Acre 515 .00 S15.228.00 2,500 to 2.999 " Unit 2.00 S902.00 I 3.000 to 3.999 " Unit $1,034.00 S1,034.00 4,000 to 4.999 " Un $1.203.00 51,203.00 5.000 to 5.999 " nit S1,3777.00 $1,377.00 ! 6,000 to 6.0.0-9 " 0000r Unit $1,546.00 1 $1.546.00 7,000 to 7.999 " Unit $1.710.00 S1,710.00 I 8,000 Unit $1,795.00 51.795.00 I Single Family Residential: 4,000 to 4,999 sq.ft. of land per unit Unit 51.264.00 S2,025.00 I 5,000 to 5.999" Unit %SC320.00 S2.110.00 6,000 to 6,999 " Unit $1, 00 S2,194.00 I 7.000 to 7,999 " Unit S1.433.0 S2.279.00 8,000 to 9,999 " Unit S1,518.00 iS2,401.00 I 10,000 to 13, Unit S1,o""87.00- 2.646.00 14.00^ ` " Unit Si 969.00 S 5.0" _ I L Measure Building Permit S 40,000+"" Unit $3,623 $5,024.00 Agricultural: Under 10% of lot i Exemo. Jo of lot impervious Acre $18,424 On single family lots, bams and sheds in excess of 400 square feet and tennis and sports courts shall not be considered as incidental residential facilities included in the above fee schedule. The drainage fee for the portion of these facilities in excess of 400 square feet shall be calculated using the square foot fee in Section V, and it shall be in addition to the above fee amounts. For the purpose of this ordinance, subject to Section VI, lot size shall be (1) for existing lots, that land shown on the latest equalized assessment roll as a lot; or(2)for new subdivision lots, that land shown on the final or parcel map as a lot. The fee amounts under"Single Family Residential" shall apply to lots containing only one dwelling unit. For multifamily residential (including mobile home parks)the"square feet of land per unit" shall be the quotient obtained by dividing the lot size in square feet by the number of dwelling units proposed to be on the lot. SECTION VIII. FEE PAYMENT. The official having jurisdiction may accept cash or check, or, i when authorized by the District's Chief Engineer, other consideration such as actual construction of a part of the planned drainage facilities by the applicant or his principal. All fees collected hereunder shall be deposited in the County Treasury to the account of the drainage facilities fund established for the drainage area. Monies in said funds shall be expended solely for land acquisition, construction, engineering, administration, repair maintenance and operation or reimbursement for the same, in whole or in part, of planned drainage facilities within the drainage area or used to reduce the principal or interest of any indebtedness of the drainage area. i SECTION IX. CREDIT. Drainage fees previously paid shall be credited as follows: I A Where drainage fees have been paid under a former drainage fee ordinance based on acreage, fees shall not be required under Section VII for any part of the total area for which the fee was paid, except in the case of a resubdivision. B Where drainage fees have been paid under this ordinance or another drainage fee ordinance based on impervious surface, fees shall not be required under Section VII for the total - impervious surface area for which the fee was paid. However, fees shall be payable under Section VII for any additional impervious surface area. C Where drainage fees have been paid other than pursuant to an adopted drainage fee ordinance, the dollar amount of the fee paid for the development site in question shall be credited against the fees payable under Section VII. SECTION X. REVIEW OF FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on January 1 to account for inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not require further notice or public hearing. SECTION XI. EFFECTIVE DATE. This ordinance becomes effective 60 days after passage, and within 15 days of passage shall be published once with the name of supervisors voting for and against it in the Antioch Daily Ledger, a newspaper published in this area. PASSED AND ADOPTED ON/a-154� by the following vote: AYES: S T=—FNIa3RS ti=T-,---_, =3=-,, DESAT-UT ?, CkN'C kM-=- . and --'0 ,s J 1 NOES: *`sW i I ABSENT: I Chair of the Board A i�EST: PHIL BATCHELOR Clerk of the Board of Supervisors and County Administrator By: I Deputy Mflc,":t=130 DA29C.dr.- 1Di27;93 I I 1 i I. _ I DRAJN--!.GE _RE_y 29C F E_1NCRE_ SES EFFECT"E OF.DL\A CE 98-=1 FUND 2555 ' BUILDING PERMIT SUBDIVISION DESCRIPTION MEASURE RATE RATE 464 AVL' i v 1 1: _ OTHER: I Office Ir..'IriC IdiedlU^ n„Acre I I I (MULTIFAMILY RESIDENTIAL (INCLUDING MOBILE HOME PARKS): i Less.I'i2'? G.J'.:_ $C. f:. 6::3.nr Gam'Ur: J-� n TO 7 C'a� S.n,. a. :111 i. j I IZ..1C.0 Tv -Ga JJ. Vi1� �vy ' 1.-•`.-I i i- ^n^•T,y - Ca c;. 11-1.} =e1 -441 ^- TO^ f- U.^'.i - - — -- - (SINGLE FAMILY RESIDENTIAL- ess tar-4.000 � aC s ol- ^ nc- . - R4 i= n TO = c- so. r". ` Ur. P\5 4-c j 000 Tn— s- Ti- l; - R— E R G S-C-C TO V Cay n 0 ? �° S q. t lJ"I: - R' c _ ZIP - ^ (AGRICULTURAL: i EXHIBIT A � Q ORDINANCE NO. 98-52 AN ORDINANCE OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ESTABLISHING DRAINAGE FEES IN THE i CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 29D i The Board of Supervisors of Contra Costa County as `.he Governing Body of the Contra Costa County Flood Control and Water Conservation District does ordain as follows: SECTION 1 Ordinance No. 93-87 of the Contra Costa County ;lood Control and Nater Conservation District is hereby repealed. I SECTION 2 The Board herebv enacts the following as the Drainage =ee Ordinance for Drainage Area 29D. SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 29D, Boundary MaD and Amended Drainage Plan.," dated August. 1993, on file with the Clerk of the Board of Supervisors, s adopted as the drainage pian for the Contra Costa County =food Control and Water Conservation District Drainage Area 29D pursuant to Sections 12.2 and 12.3 of the Contra Costa County ;!ood Control and Water Conservation District Act (Chapter 63 of West's Appendix of the Water Code.) SECTION II FINDINGS. This Board finds and determines that said drainage area has inadequate j drainage facilities; that future subdivision and development of property within said drainage area will have a significant adverse impact on existing and future developments; that development Of property within the drainage area, with its resultant increase in impervious surfaces, will require the construction of facilities described in the drainage plan; that the fees herein provided to be-charged are uniformly applied on a square foot of impervious surface basis and fairly apportioned within said drainage are on the basis of benefits conferred on property upon which additional impervious surfaces in said drainage area are constructed; that the estimated total of al! fees collectible hereunder does not exceed the estimated total costs of all drainage facilities shown on the drainage pian or included in the Engineer`s ReDort; and that the drainage facilities planned are in addition to existing drainage facilities already serving the drainage area at the time of the adoption of the drainage plan. I SECTION III EXEMPTIONS. The fee shall not be required for the following: 1' tc re-!:Zoe a i structure desiroved or damaged by fire. food, winds or other acts Of God. Orovided the resJliant struCiure has " _e same. Or less impervious suriadc as th-m ori :^al structure-: 2: mcd;-w S:ructur_=s other imDer!iouS suria-.n-s. provided the amount of around coverage is not increasead by more than 100 SCUare feel; 'Z)To cORVe;' land to a government agency, public entity. Dubli utility. or abutting property owner where a new building lot or site is nOi created as a result of tr le convevance; or 4) Any i lot Or pr^Oclty`Or:V llci drai^age . have been fully . 'eVIOL:SIy. I I i I SECTION IV. FEE DEFERMENT. On lots greater than two acres in Size, the property owner can defer the payment of the fee on the portion of the lot in excess of Nuo acres that is not a required pari of the pending development. The deferment of fee is conditional on the property owners granting, as collateral, the development rights to the Board of Supervisors for said area of deferred fee until such time as the fee is paid. i SECTION V. BUILDING PERMITS. Except as permitted under Section III and IV, the Contra Costa County or the city official having Jurisdiction shall not issue any building permit for construction within the drainage area until the required drainage fee has been paid. For initial construction the fee shall be as set for the in Section VII. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be per pool. For other construction, modifications i or replacements to an existing facility that cause an increase in impervious surface, including, but not limited to, driveways, walks patios, etc., the amount of net increase in impervious surace shall be subject to a fee of Sv per square foot, but not to exceed the amount required under Section VII. SECTION VI SUBDIVISIONS. Except as permitted under Sections III and IV. the subdivider shall pay the drain5ge fee on the entire proposed subdivision or on each individual unit for which a final or parcel map is filed prior to recordation of said map. Town house, condominium, and cluster housing type subdivisions creating individual lots less than 4.000 square feet shall be treated as multifamily residential and the lot size used in determining the "square feet of land per unit" shall be i the lot size prior to subdividing. Except as noted above, the fee for all other subdivisions shall be calculated on an individual lot basis. The fee amount shall be as set forth in Section V11. SECTION VII. FEE SCHEDULE FCes Increased Measure j Building Subdivisio Permit !i Com;ne. � 1'lilct.'St;_i2YDOWntown ofr:ce Acre i 523.027.00 �.73�.00 1 ! Orice (Mad)X) J Acre_ _l 559.734.00 ' 522.052.00 1 O7t-ce (L ant) 1 Acre I S1o.5i4 ! S18.01<.O0 - I t Multifamily residential(I ding Mobile Home Parks) Less than 2.500 sa.ft of land p, nit i Acre 518.'44.00 1 S1 8.'4-..C'0 , I 2.506 to 2.999 " Uri: I 51.07 5.00 1 S1,075.00 3.000 to 3.599 " _UnitS1.232.00_i_ S 1.232.00 i -..000 to 4.999 " i U I S1.433.00 1 S11,433.000 5,000 to 5.999 " ;ni S1,640.00 I S1.640.00 1 0.000 to 6.999" { Unit S1.842.00 I S1.842A0 i 7.000 to 7,999 " a Unit I S2.038.00 J S2.038.00 8.000 =" 1 S2.139.00 S2.1 39 00 j I 1 Single Family Residential: - 4.000 ,o 4.999 sc.it. of'.and Der It Unit S1 500.00 I J2.-13.000 5.000 i 7 ."9--c. I,, Ji.J73.�:^J C2. !.•� 0.000 :o ^.99Un:i 1 J. C ^' v� 5.04 •.v 52.7 C'' € 00 iCIn:[ J I. 52.716.[Ti 3.000 c 9 9° Un t i 55.808.00 S2.3o?.00 I '.0._000 ' { I S2.0'. .00 i 3.'.52CC Uni' I s2.34iiA! 1 S3. 8.^0 t _.000 . i Measure J Building Sub --- 30.000 to 39.999 1 Uni: .600.00 -06.00 40.000="" Uni` S4.317.00 35.990.00 Agricultural: Unser 10`'•0 or R°o s =Exempt f" .0 n 10% IOI iMDer-Ji0JS I Acre 1 S21­052 I Or single family lots, barns and sheds in excess of 400 square feet and tennis and sports courts shall no: be considered as incidental residential facilities included in the above fee schedule. The drainaae fee for the portion of these facilities in excess of 400 square feet shall be calculated using the square ;pot fee in Secjon V. and it steal! be in addition is the above fee amounts. F or the purpose of this ordinance, subjec o Section VI, lot size shall be W for existing lots, that land shown on the latest equalized assessment roll as a lot; or (2) for neer subdivision lots, that land shown on the final-or parcel map as a lot. The fee amounts under"Single Family Residential" shall apply to jots containing only one owellinc unit. For multifamily residential (including mobile home parks) the "sauare feet of land per unit" shall be the auotient obtained by dividing the lot size in square feet by:he number of dwelling units proposed to be on the lot. SECTION VI11. FEE PAYMENT. The official having jurisdiction may accept cash or check. or, when authorized by the District's Chief Fnaineer. other consideration such as actual construction of a part of the planned drainage facilities by the applicant or his principal. All fees collected hereunder i shaC be deposited in the County TreasuR, 10 the account of the drainage facilities fund established for the drainaae area. Monies in said funds s`:al! be expended solely Tor land acquisition, construction, engineering, administration, recair maintenance- and operation or reimbursement for the same, in whole or in par. of planned drainage facilities within the drainaae area or used to reduce :he principal r interest of ary indebtedness of the drainage area. SECTION IX. CREDIT. Drainage fees previously paid shall be credited as foliov✓s: i -. Where d-ainage fees have been paid under a former drainage fee ordinance based or i acreage. fees shall not be required ender Section VII for any cart of the total area for which the fee was paid, except in the case of a resubdivision. 3 Where drainaae fees have been paid unde.r this ordinance or another drainage Tee ordinance ' based or impervious surface, fees shall not be required under Section VII fo- the tota! impervious surface area for which the fee was paid. However, fees shall be payable under Section VII for any additional impervious surface area. C Where drainage fees have been paid othe-than pursuant to an adopted drainage fee ordinance. the dollar amount of the fee paid for t .,, he develooment site in question shall be edited aoains- `fie -..es �a_� abie ,-m,-Jer Section `!!I. L I SECTION X. REVIEW OF FEES. Project cost estimates shall be reviewed every vearthat this ordinance is in effect. The fee schedule shall be adjusted annually on January 1 to account for Inflation using the Engineering News Record Constriction Cost Index. Such adjustment shall not require further notice or pubiic hearing. SECTION XI. EFFECTIVE DATE. This ordinance becomes effective DO days after passage, and within 15 days of passage shall be published once with the name of supervisors voting for and acainst it in the Antioch Daiiv Ledger, a newspaper published in this area. P' SSED AND ADOPTED ON the following vote: NOES: r:C-._ ABSENT: \Chair of the Board. -ST: PHIL BATCHELOR Clark of the 3oard o; Supervisor and County_ Administrator �Deput ./ I -c"AtkorSO cA z_D.r_.. I I i I i i . � DP�%G3 3�a D.9D £ C &STsE CIFIm 22m3 ORDIN»NCEgJs ��D,36 BUILDING SUBD+&ON DESCRIPTION MEASURE PERMIT RATE RAT ' Pool Fee m& egg :Sauare Foe s. 4 E8: io HER: ,- ' Offic �j e !r$um) ,m 2.; &«J. MULTIFAMILY RESIDENTIAL (NCDING MOBILE HOMEQ m: . Less ns5e =. m y.dere /22340 3 &B \7: 2m2 3 " u} ' 2al 3. S:i zm@ /. % ' u2 12� 22j S:TC AGgs. t ' u2 2+7 ej j m:T 0 Eg- s:j uw teg 16. m � : J� � - Uw ZS4 2. SC ,n r�= �. . " I y�e0 T : �^ m& 2 4 � :u z�� e. f " . � I2w1 ySewe. r " u2 SSB I_»/ \wG! FAMILY RESIDENTIAL: i ,Less%a7 A. 0 7 0«@a E. % e.d e: Um - teg 3d /R: Eggs K ' U« - 28181 E C. EGee. f " uw - � tS@ 5;2I 203 2@G /. 1 ' & - R 2y5 aj To-0—T %99,9s Um - R 2y7 5S/ C.0. C 3. S s:: uw - mE Zaa 2Ey� §«:2 JaG e. t " �.mem GaG e. % " u/ - P: \a} \ . q.m: s. t ' u« - R---- 4, 54, r." [AGRICULTURAL: I ujl oe\ e _ Asia � Sscd'ot =3 I ' � � EXH131T A I ° ORDINANCE NO. 98-53 ! I AN ORDINANCE OF THE ! CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT l ESTABLISHING DRAINAGE FEES IN THE CONTRA COSTA COUNTY FLOOD CONTROL AND I WATER CONSERVATION DISTRICT j DRAINAGE AREA 29E The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Flood Control and Water Conservation District does ordain as follows: I SECTION 1 Ordinance No. 88-25 of the Contra Costa County Flood Control and Water Conservation District is hereby repealed. I j I SECTION 2 The Board "hereby enacts the following as the Drainage Fee Ordinance for Drainage Area 29E. j SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 29E, I Boundary Map and Amended Drainage Plan." dated January, 1988, on file with the Clerk of the Board I of Supervisors. is adopted as the drainage pian for the Contra Costa Countv Flood Control and Water j Conser✓ation District Drainage Area 29= pursuant to Sections 12.2 and 12.3 of the Contra Costa County Rood Control and Water Conservation District Act (Chapter 63 of West's Appendix of the i Water Code.) I ! SECTION 11 FINDINGS. This Board finds and determines that said drainage area has inadequate I drainage facliities: that future subdivision and development of property within said drainage area will j have a significant adverse impact on existing and future developments; that development of property, within the drainage area, with its resultant increase in impervious surfaces, will reauire the j construction of facilities described in the drainage plan: that the fees herein provided to be charged j are uniformly applied on a square foot of impervious surface basis and fairly apportioned within said drainage are on the basis of benefits conferred on property upon which additional impervious surfaces in said drainaae area are constructed; that the estimated total of all fees collectible hereunder does not exceed the estimated total costs of all drainaae facilities shown on the drainaae I plan or inciuded in the Engineer's Reoort; and that the drainage facilities planned are in addition to existing drainaae facilities already serving the drainaae area at the time of the adoption of the i drainaae p!an. I SECTION III EXEMPTIONS. The fee shall not be required for the following: 1)to replace a ! SLfUCiUfe destroyed or damaged by rte. ilaaa. winds Or other acts of God. provided he feSUltani j structure has the same. or less impervious surface as the original structure; 2) To modify structures -Ir other impervious surfaces, provided the amount of ground coverage is not increased by more than j 100 square feet 3) Tc canvey land to a oovemment aaency. pubiic entlty, public utiiity, or abutting property v4.n..r where 2 new buiid:ng ip: or si,., .s not crsated as a result of the corveyanc..; or 4) Any ict or—o-ert • far which dre rage fees kava beer. full; Card previous!- I I I r, I I ` SECTION IV, FEE DEFERMENT, on lots greater than two acres in size, the property owner can defer the payment of the fee on the potiion of the lot in excess of two acres that is not a required part of the pending development. The deferment of fee is conditional on the property owners granting, as collateral, the development rights to the Board of Supervisors for said area of deferred fee until such time as the fee is paid. SECTION V. BUILDING PERMITS. Except as permitted under Section III and IV, the Contra Costa County or the city official having jurisdiction shall not issue any building permit for construction within the drainage area until the required drainage fee has been paid. For initial construction the fee I shall be as set for the in Section VII. For single f iv r idential swimming pools on iots for which the drainage fee has not been paid, the fee shall be Sper pool. For other construction, modifications or replacements to an existing facility that cause an increase in impervious sunace, including, but not limited to, drivewas, walks patios, etc., the amount of net increase in impervious surface shall be subject to a fee of per square foot, but not to exceed the amount required j under Section VII. j I SECTION VI SUBDIVISIONS. Except as permitted under Sections III and IV, the subdivider shall pay the drainage fee on the entire proposed subdivision or on each individual unit for which a final or parcel map is filed prior to recordation of said map. Town house, condominium, and cluster housing type subdivisions creating individual lots less than 4,000 square feet shall be treated as multifamily residential and the lot size used in determining the "square feet of land per unit" shall be the lot size prior to subdividing. Except as noted above, the fee for all other subdivisions shall be calculated on an individual lot basis. The fee amount shall be as set forth in Section VII. SECTION VII. FEE SCHEDULE w°�i m•e.ii1s�"3 ba. Measure j Building Permit I Subdivisio camc;alilnc-js rial Dovinto..•n office kcre S48.092.00 { S i 9.4 Office W " mi �` Acre I sia: 05.00 { S' 27.00' Office`(Licht) ] Acre { S;2.9;'-5.00 0en14.525ffD 9 Multifamily residential fuding Mobile Home Parks) { Less than 2.500-sc. ft of ian %r unit Acre i S; 0.00 $1=``.250.00 2.500 to 2.999 ^ { Unit ^.00 = S84•'.AO 3.000 tog_0-0 ^ /' Unit � S9"-08.00 7m__X938.00 I 4-..000 to 4.099 " 777 { Unit I S1.1.20.00 ] STJ23.00 5.000 to 5.999 " j, S1.289.00 _�` G 0 I - S;.28,..0 _ I 0.000 LO 6.9-09-"� IN1. -lit Jr1 G47.t1�Y j S1.447 0 i.000 too-999 " i1Ni : Si.oQ�'.OJ { S;,o"0).00 I 8,OOt'1 T " t 1 S1ro80.00 1 51.080.00 ) { I I 1 I Single Family Residential: { { 14.000 0.4.999 sc._-. of la:1d per u ' Iait 1.183.00 I S;.85"0.00 5.000 to 5 gg •" Ojef \ I unit 1 S1. %00 { S1.97 00 I 0.000 to 6.299 " Unit 1 5;.289. J--S2.054.00 7.000 to 7.9-G9 ' \ Unit I S:.342.00 { 52.134.00 I 8.000 to °99` • -.1-- I Unit I a'.421.00 2.248.00 S1.579.1211010.000 t 909 ' \ I Unit I S1.579. I S2 7.00 1 i 000 iC .� 099 ' { U, ^^-2—•-^ dS { �;`.�`� I I s l Measure L-.Building Permit Su 30,000 f`o 397 j Unit - j S21329.00 $4.083:0 U^i0300X0.000 Agricultural: Under 104 or io+ F 1DSS lot imneNIOJs `z r_ .c,e - S17.248.00 On singe family lots, bams and sheds in excess of 400 square feet and tennis and sports courts shall not be considered as incidental residential Facilities included in the above fee scheduie. T he drainage fee for the portion of these facilities in excess of 400 square feet shall be calculated using the square foot fee in Section V, and it shall be in addition to the above fee amounts. For the purpose of this ordinance, subject to Section VI, lot size shall be (1) for existing lots, that land shown on the latest equalized assessment roll as a lot; or(2)for new subdivision lots, that land shown on the final or parcel map as a lot. The fee amounts under"Single Family Residential" shall apply to lots containing only one dwelling unit. For multifamily residential (including mobile home parks) the "square feet of land per unit' shall be the quotient obtained by dividing the lot size in square feet by the number of dwelling units proposed to be on the lot. I i SECTION VIII. FEE PAYMENT. Theo ficial having jurisdiction may accept cash or check, or, when authorized by the District's Chief Engineer, other consideration such as actual construction of a part of the planned drainage facilities by the applicant or his principal. All fees collected hereunder i shall be deposited in the County Treasury to the account of the drainage facilities fund established for the drainage area. Monies in said funds shall be expended solely for land acquisition, construction, engineering, administration, repair maintenance and operation or reimbursement for the same, in whole or in Part. of planned drainage facilities within the drainage area or used to reduce the principal. I or interes` of anv_ indebtedness of the drainage area. I SECTION IX. CREDIT. Drainage fees previously paid shall be credited as folloxnrs: A Where drainage fees have been paid under a former drainage fse ordinance based on I acreage, =ees shall not be required under Section VI for any part of the total area for which the fee was paid, except in the case or a resubdivision. B Where drainage fees have been paid under this ordinance or another drainage fee ordinance based on impervio::s surface. fees shall rqt be required under Section VII Ter the total ! ImDefV10L'S SUriaCe ar cfor which the fee was paid. However, fees shall be payable- under Section VII for any additional impervious surface area. I C Where drainage fess have been paid other than pursuant to an adopted drainage fee ordinance, the dollar amount of the fee paid for the development site in question shall be credited against the fees Payabie under Section VII. I i I _ _ I C+h_ SECTION X. REVIEW OF FEES. Project cost estimates shall be reviewed every year:hat this ordinance is in effect. The fee schedule shall be adjusted annually on January 1 to account for inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not require further notice or public hearing. I I SECTION XI. EFFECTIVE DATE. This ordinance becomes effective 60 days after passage. and within 15 days of passage shall be published once with the name of supervisors voting for and against it in the Antioch Daily Ledger, a newspaper published in this area. i PASSED AND ADOPTED 0N/?ms's-9F, by the following vote: AYES: �L�=?�'I�=�= J L'-_, .P=—R, DE, L1:I=:, a:rte= 2V' 7� and ?a te NOES: NONE ABSENT: Chair of the BoarcL_.__: �-nz- A T TEST: PHIL BATCHELOR Clerk of the Board of Supervisors and County Administrator By: /Deputy GJ-1d= A',i:[x:150 Jtiee.70: i I I I I DR L\_yGE =-PF- D_A 29E FE= L\-LRE S EES, E F F E C Ti 1V E J A-V'---kRY i. _1003 ORDS `CE 98- = F-1D __=s I I I BUILDING SUBDIVISION DESCRIPTION MEASURE PERMIT RATE RATE 1 1049 w-1 j OTHER: j�c•m:rerc:a!Ir:aa=_raiuo.vr:��: 0�; e �� = 2�.2�? "'-'_-� I , j0. +N!ediu,r.- Acr_ 1- 335 'I 4-' I i ! , !Oz--- Uoht? Acre K.646 IMULTIFAMILY RESIDENTIAL (INCLUDING MOBILE HOME PARKS): I:Lesst - !and - a _ _ _"2 ,_-----24.999 Sa.TO a1 I 3Tv g _9 se. " " Un i 'I- i r==i IL 12CC TO �r.G6 i sq. `.jL J:':i: I Ji I^.00 0 C C•'•.•S7. I_ _ _ _ I .� ' 'T" u�c =a• Unii -gid z�1 I I (SINGLE FAMILY RESIDENTIAL: I I_=_ss ' ec ' T^ ^ cc- so. iarla ce unr - R326 _ ^! I�0, _�_0 _ G3 ., -nI _ _.JCJ , - _ sc Lr, - rP5 3 2.2. z I5'1.r,J '✓ l = GAG su - ll:' - .rC0 2. _ a 13.00•0 TO c�c sa. :�. ' UT: - Kc ^93 2.-201 � I-_' 000 TO 2�- P°9 sc. t 1 - (AGRICULTURAL: I I 11, - -jw G-_ -- ,=,..r 3 I I I = EXHIBIT A ORDINANCE NO. 98-54 AN ORDINANCE OF THE i CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ESTABLISHING DRAINAGE FEES IN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 29G The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Flood Control and Water Conservation District does ordain as follows: SECTICN 1 Ordir;ance No. 0.3!19 of the Contra Ccsta County =food Control and `Nater Conservation Distric is hereby repealed. SECTION 2 The Board herebyenacts the following as the Drainage Fee Ordinance for Drainage Area 29G. SECTION I DRAINAGE PLAN. -he drainage plan and map entitied "Drainage Area 29G. Boundan, Map and Amended Drainage Plan." r ;�✓ Clerk s lar,, dated D..a cembe,r, AX , 82. on ill.,a ith h..e f th., Beard of Suaervisors, is adopted as the drainage plan for the Contra Costa County Flood Control and Water Conservation District Drainage Area 29G pursuant to Sections 12.2 and 12.3 ofthe Contra Costa County Flood Control and Water Conservation Distdc_Act (Chapter 06.3 ofWest's Appendix of the Water Code.) SECTION II FINDINGS. This Board finds and determines that said drainage area has inadequate drainage facilities; that future subdivision and development of property within: said drainage area will have a significant adverse impact on existing and future developments; that development of propery within the drainage area, with its resultant increase in impervious surfaces, will require the construction of facilities described in the drainage plan; that the fees herein provided to be charaed are uniformly applied on a square foot of impervious surface basis and fairly apportioned within said drainage are on the basis of benefits conferred on property upon which additional impervious surfaces in said drainage area are constructed; that the estimated total of all fees collectible hereunder does not exceed the estimated total costs of all drainage facilities shown on the drainage plan or included in the Engineer's Repot; and that the drainage facilities planned are in addition to existing drainage facilities already serving the drainage area at the time of the adoption of the drainage plan. SECTION III EXEMPTIONS. The fee Shan'' not be r-quired ;or}h e `cllc. inc replace a ' Structure destr owed or da.mnaced by fire. `ood. grinds or other aC S Cf God. provided the ;esul a, structure has :fie sam-_ or Inss ;mper: us su, ace as he origiral. structure 2) trophy S:;uc- rej other impervious surfaces, provided the amount of ground overage is nct 'ncreased by more thar, i 100 square feet: 3) To convey land to a aovernment agency, cur'•IIC entity, puo'.0 utl'Ity. or abut[Ina property owner where a new building lot or Site is not created as a result of the conveyance- o.-4' A]-;v lot or prprr-Sr. -or y✓^ICi drairlaa= t=es gave been lull`: mal 7."=;tJL'SI` . ` Q ,µ i SECTION IV. FEE DEFERMENT. On lots greater than two acres in size, the property owner can defer the payment of the fee on the portion of the lot in excess of two acres that is not a required Part of the pending development. The deferment of fee is conditional on the property owners granting, as collateral, the development rights to the Board of Supervisors for said area of deferred fez- until such time as the fee is paid. SECTION V. BUILDING PERMITS. Except as permitted under Section III and IV, the Contra Costa County or the city official having jurisdiction shall not issue any building permit for construction within the drainage area until the required drainage fee has been paid. For initial construction the fee shall be as set for the in Section VII. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall beeper pool. For other construction, modifications or replacements to an existing facility that cause an increase in impervious surface, including, but not limited to. driveways, Walks patios, etc.. the amount of net increase in impervious surface shall be subiect to a fee of POWPer square foot, but not to exceed the amount required under Section VII. SECTION VI SUBDIVISIONS. Except as permitted under Sections III and IV. the sub&Jder shall pay the d.-ainage lee on the entire proposed subdivision or on each individual unit for which a � sinal or parcel map is Tiled prior to recordation of said map. Town house. condominium, and cluster housing type subdivisions creating individual lots less than 4.000 square feet shall be treater as multifamily residential and the lot size used in determining the "square feet of land per unit" snall be the lot size prier to subdividing. Except as noted above, the fee for ail other subdivisions sh a'I be calculated on an individual lot basis. The fee amount shall be as set forth in Section VI I. SECTION VII. FEE SCHEDULE fees Increased I Measure Building Permit j Subdivision Co �r fal(Inr' 'St'12u m—town oT- 1 ;;c'e i S17.270.00 J1 J Once (!: 'urn) 1 Acre 3 S1;.800 00 .00 S10 i : 1 Office !LD'nt; ' Acre S12.385.00 960.00 j I � j j Multifamily residents ncluding Mobile Home Parks) ; { j Less than 2.5000 sa. it of; er unit acre S!3.69eljo ? S13.608.00 I { 2.500 to 2.909 " j Ur.it q .00 j 5806.00 3.000 to 3,999 " u 92'.OQ _ S92=..00 - -- - - . - - 5.000 to 4.9-09 " Uni: j S1.075.00 S1,075.00 t 5.000 to 5.090 " j S1.230.00 1 S1.230.00 6.000 to 6.999 " Unit S1.0-81.00 51.381.00 7.000 to ?.989 Unit I S1.528.00 i 51.528.00 8.000 + " Ll ) S i.6G4.00 1 S1.604.00 I j Single Family Residential: 7 J 14.000 to 4.99-0 sc. ft. of land Der uril,001,7, Unit N1,1.29.00 j 51.81G.rO ; 0.000 to 0.999 •' + Ur."t 3.000 to .999 ' n: S .2 X1.931. 7.000`D -.999 r: 5'.28 i. 0 52.037._•0 8.000 o 9 99900 i S2 G 1 - 110.000 to 13 _ j U iS'.SG7.010 36 i j 14. 00 t 909 = init Si '50 ^•v 152.E G 12-3.Ko 2? 099 j uniF ; S2.175.00 j S3.233.d I Onn _ 09 S2.70 .r; I j Measure Building Permit j Sub - 40,000_"' Unit S3.238. 1 4,489.00 - - - - Agricultural: _- a Under 10° of lo` j j =_xemp* M of lot impervious I Acre I S10.404.00 On single family lots, barns and sheds in excess of 400 square feet and tennis and sports courts shall not be considered as incidental residential faciiities included in the above fee schedule. The drainage fee for the portion of these facilities in excess of 400 square feet shall be calculated using the square foot fee in Section V, and it shall be in addition to the above fee amounts. =or the purpose of this ordinance, subject to Section VI, lot size shall be (1) for existing lots, that land shown on the latest equalized assessment roll as a lot; or (2) for new subdivision lots, that land shown on the final or parcel map as a lot. The fee amounts under"Single Family Residential" shall apply to iots ccntaining only one dwelling unit. For multifamily residential (including mobile home oarks) the "square-feet of land per unit" shall be the quotient obtained by dividing the lot size in square feet by the number of dwelling units proposed to be on the lot. SECTION VIII. FEE PAYMENT. The official having jurisdiction may accept cash or check, or, when authorized by the District's Chief Engineer, other consideration such as actual construction of a part of the planned drainage facilities by the applicant or his principal. All fees collected 'hereunder shall be deposited in the County Treasury to the account of the drainage facilities fund established for the drainage area. Monies in said funds shall be expended solely for land acquisition. construction, engineering, administration, repair maintenance and operation or reimbursement for the same, in whole or in part, of planned drainage facilities within the drainage area or used to reduce the principa? : or interest of any indebtedness of the drainage area. SECTION IX. CREDIT. Drainage fees previously paid shall be credited as follows: A Where drainage fees have been paid under a former drainage fee ordinance based on acreage, fees shall not be required under Section VII for any part of the total area for which the X_ was paid, except in the case of a resubdivision. B Where drainage fees have been paid under this ordinance or another drainage fee orainance based on impervious surface, fees shall not be required under Section VII for the total impervious surface area for which the fee was paid. However, fees shall be payable under Section VII for any additional impervious surface area. C Where drainage fees have been paid other than pursuant to an adopted drainage fee ordinance, the dollar amount of the fee paid for the development site in question shall be credited acainst the fees payable under Section VII. SECTION X. REVIEW OF FEES. Project cost estimates shall be reviewed every year that :his ordinance is in effect. The fee schedule shall be adjusted annually on January 1 to account for inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not require further notice or pubjjc hearing. SECTION XI. EFFECTIVE DATE. This ordinance becomes effective 60 days after passage, and within 15 days of passage shall be published once with the name of supervisors voting for and against it in the Antioch Daily Ledger, a newspaper published in this area. PASSED AND ADOPTED ON is-98. by the following vote: ABEAM T: *� T ^TA ` �I Chair of the Board A i i EST: PHIL BATCHELOR Clea, of the Board of Suoervisors and County Administrator By: k7t Jeouty G`:•l J`.h iiia DA=D I 98-54 "age z of I - I DR-AJ-\- .GE A_RE_A�9G _EE �-CRr USES EFFEC -T Jan::. _ :. '-QCT ORDNANCE 99 FUND _�58 BUILDING PERMIT SUBDIVISION I L DESCRIPTION MEASURE RATE RATE I I P^,'v^i Yom- - GCS' 415 OTHER: ' ICCTTI rCIalilna USiric'UDr:++".^.1�7r`Jn. Dffi,e r.0 19.371 2r,' +I 1_O z;= !1Jiedium Acre 2 18.54.1 E01- Lichtc e 12.334 (MULTIFAMILY RESIDENTIAL(INCLUDING MOBILE HOME PARKS): ILess`n�an 2.500' sa.- o ;a-d D=r J:1. f:C'c 12.50S-TO 2 GCG sq. IJP: i 14.3110" I V 4 -9-c9 5.7. u Unit 1.205 1l . J GJ T v 299 sy.m -3u uTO 9 sy. 17.10� T O7 9f,,. IJnlx 1 ^r^ j vl 1 :L 'GV l7c:;l ►SINGLE FAMILY RESIDENTIAL: I Ir- SS: ,an 4.0100 TO i"- S^. -. 0"=.'l;l pe- 'Jn�i :%illi - R4 1.29- L.:,...,I Ic.J .0 .��9 S7. ` " Uni: - R^ 323 1133, I 16.001-C-TO ccs Sc. Un - .R6 -.0�- TO 7.0-90-9 so. ` Un'.` - Rt 1.435 2 •I TO sa " Unit - R;r. I'A 1, 190 Gv J;. i� unl, - r", !^n J ,G CGG Sn. R3'J 3,026 4 -'I 14-01.0 sq. ft. _ ^* - R4-3 (AGRICULTURAL: -- j I 11 1 iQ�t L ; - ==X=fJipT =EXEMOTI I J. I 1 I 1 ..._ .- moi__._-..., _..,_ "•. EXHIBIT A ORDINANCE NO. 98-55 ' i AN ORDINANCE OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND i WATER CONSERVATION DISTRICT ESTABLISHING DRAINAGE FEES IN THE I CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 29H i The Board of SupeRvisors of Contra Costa County as the Governing Body of the Contra Costa County =food Controi and Water Conservation District does ordain as follows: ! SECTION 1 Ordinance No. .92/470 0. ane Contra Costa :,Dunt} Flood Control and Water � Conservation District is hereby repealed. j I SECT ION 2 The Board hereby enacts the foliowino as the Drainage Fee Ordinance for Drainage i Area 29L4. I I I ! SECTION 1 DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 29H, i Boundary Map and Amended Drainage Plan." dated October, 1987, on ;Ile with the Clerk ci the Board i 01' SUDer✓i5Gf5. is adopted as the drainage plan for the Contra Costa County =food Control and Water ! Conservation District Drainage Area 29H pursuant`.o Sections 12.2 and 12.3 of the Contra Costa County Flood Control and Water Conservation District Ac; (Chapter 83 of`:'vest's Appendix of the Water Code.) I SECTION 11 FINDINGS. This Board finds and determines that said drainage area has inadequate j drainage facilities; that future subdivision and development of property withir said drainage area will have a significant adverse impact on existing and future developments; that deveiooment e propertv within the drainaae area. with its resultant increase in impervious surfaces. will require the i construction of facilities described in the drainage pian; that the fees herein provided to be charged are uniformly applied on a square foot of impervious surface basis and fairly apportioned within said ' drainaae are on :he basis of benefits conferred on property upon which additional impervious surfaces in said drainage area are constructed; that the estimated total of all fees collectible hereunder does not exceed the estimated total Costs of all drainage facilities shown on the drainage j plan or included in the Engineer's Report; and that the drainage facilities planned are in addition to existing drainage facilities aiready serving the drainage area at the time of the adoption of the drainage pian. i i SECTION III EXEMPTIONS. The 1e=- shall not oe r=-Guired fOr the ?icw1.1--: 5 to repia:;e a str c:Ure de `Lrov or. damaged bv fire. Coo,. .inrs Jronems acts of God. or-vi7ed the result=-,it Stri CI'.'re aS filo sank. Cr ICss irnE)e"✓:G'.:s S aCG DS th OriCinal sfiL•C.Ur 2'i '. J 7 01f;: St"JCtUreS C' i Other Impervious surfaces, Provided the amount of croun0 coverage iS n0: increased by =—;e than 100 scuare Tee:: 3) I o convev land to a covernmeni ageril—, public entlt `. ^Uri:C UiflitV, abutt propel`: owner where a new building lot r site is not created as a result cf`he COm'eva 1C2; or ? AnV j IOI 0 r prone;AL1'fCr hlCh Cra aD- f have been iUl� ^ald pre:/1OU51y. I i =o � SECTION IV. FEE DEFERMENT. On lots greater than two acres in size, the propertv owner can defer the payment of the fee on the portion, of the lot in excess of two acres that is not a required part of the pending development. The deferment of fee is conditional on the property owners granting, as collateral, the development rights to the Board of Supervisors for said area of deferred fee until such time as the fee is paid. SECTION V. BUILDING PERMITS. Except as permitted under Section III and IV. the Contra Costa County or the city official having jurisdiction shall not issue any building permit for construction within than drainage area until the required drainage fee has been paid. F or initial construction the fee shall be as set for the in Section VI I. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be:111111Wper pool. For other construction, modifications i or replacements to an existing facility that cause an increase in impervious surface, including, but not limited to, driveways, walks patios, etc.. the amount of net increase in impervious surface shall be subject to a fee offtoa per square foot, but not to exceed the amount required under Section VII. SECTION VI SUBDIVISIONS. Excep: as permitted under Sections III and IV, the subdivider shall pay the drainage. fee on the entire proposed subdivision or on each individual unit for which a final orparcel map is filed prior to recordation of said map. Town house, condominium, and duster housing type subdivisions creating individual lots less than 4.000 square feet shall be treated as multifamily residential and the lot size used in determining the "square feet of land per unit" shall be the lot size prior to subdividing. E.xcept as noted above, the Tee for all other subdivisions shall be calculated on an individual lot basis. The fee amount shall be as set forth in Section VI I. SECTION VII. FEE SCHEDULE fees Increased s 1 Measure { Building Permit Subdivision I C �r;al.ird -stria Do` n-.o-.,n omce 1 Acre s 521.7 93_ .00 ; S2.: Office (Nioum,: t Acre I S 18.077.03 S20•^ 00 I Oaf:ce (Lica`., i Acre { S1,5.629.00 j 31'.00 1 Multifamily residentilWincluding Mobile Home Parks) { I Less than 2,500 sc. r,of" er unit I Acre 1517,1 JO J 517.'72.00 i 2.500 to 2.999 " ? Unit s7.00 ' S .017.00 l j 3.000 to 3.999" + Unit i.10"o^.GO 1 S1. 10c.00 j - - - - 4,000 to 4.9GG" Unit 1 51.353.00 1 S1.356.00 s 5.000 to 5.999 " { S 1.552.00 1 51.552.00 i 3.000 to 6.999 " Unit S 1.743.00 S1.743.00 7,000 to 7.999 " ',• Unit l s1.929.00 { S4..G29A0 3.000 Unit ; S2.024.00 { S2.024.00 { 3 I i I I I Single Family Residential: '. 4.000 to 4.999 sc. . of iana ger a^i' { knit- ' S",425.00 ; S2.21^.00 10.000 to 5.999 " Unit ? J., G Ov ' 52.3%9.00 - - - ' 6.030 to 6.909.. i Uni 52.-76.CC : 5 ^^ i s 'A00 r0 -ccc ' I Un,'. I SI,310.00 52,570.00 8 �.3 ' .0 'J i^. 9.999 " Ur.:- '000F, S,.711.55 JL.7!i�.il rJ 0.000 t0 ?3 v Unit 51.902.0'0 { °'3.00 1 i 14.000 - 999' i Ur: 1 S2.220.00 5"e..4 ^0 { 20, to 28 999' Unit S2.74�.00 ' SJ'.i 18.0 ' Goo :0,,...QGc Unit i J3.A(;. .:0 i i i Measure J Building Permit 1 Su l 40.000+"" I_Unit S4.086 raV00000 1. „5365.00 I Agricultural: Under 10% of lot' -xemw % c` lot imPenious AcreJ 520,770 On single family iots, barns and sheds in excess of 400 square feet and tennis and sports courts shall not be considered as incidental residential facilities included in the above fee schedule. The drainage Tee for the portion of these facilities in excess of 400 square feet shall be calculated using the square root fee in Section V, and it shall be in addition to the above fee amounts. =or the purpose of this ordinance, subject to Section VI, tot size steal; be i i) for existing lots, that land shown on the latest equalized assessment roll as a lot; or (2) for now subdivision lots, that land shown on the final or parcel mac as a lot. The fee amounts under"Single Family Residential" shall apply to lots containing oniy one dwelling unit. For multifamily residential (including mobile home parks) the "square-feet of land per unit" shall be the quotient obtained by dividing the lot size in square feet by the number of dwelling units proposed to be on the lot. i SECTION VIII. FEE PAYMENT. The of-�Icial having jurisdiction may accept cash or check, or, v✓hen authorized by the District's Chie;Engineer. other consideration such as actual construction of a Dart of the planned di ainaae facilities by the applicant or his principal. All fees collected hereunder shall be deposited in the County Treasury to the account of the drainage facilities fund established for the drainaae area. Monies in said funds shall be expended solely for land acquisition, construction, engineering, administration, repair maintenance and operation o, relmDUrSement for the same-, in whole or in par., of planned drainage facilities within the drainage area or used to reduce the principal or interest of anv indebtedness of the drainage area. SECTION IX. CREDIT. Drainage fees previously paid shall be credited as follows: A Where drainage fees have been paid under a former drainage fee ordinance based or acreage. fees sha!I not be required under c � Section VII for any part or"the total area for r✓hich the fes utas oaid, except in 'the case of a resubdivision. B Where drainage fees have been paid under this ordinance or another drainage fee ordinance based on impervious surace, fees shall not be required under Section VII for the total impervious surface area to-which the fee was paid. However, fees shall be payable ;rider i Section VI1 for any additional impervious surface area. C Where drainaae fees have been paid ether than pursuant to an adopted drainage fee ordinance, the dollar amount of the fee paid for the development site in question shall be --redited against the fees payable under Section VI1. I 9 - . I SECTION X. REVIEW OF FEES. Project cost estimates shall be reviewed every yearthat this ordinance is in effect. The fee schedule shall be adjusted annually on January 1 to account for inflation using the Enaineering News Record Construction Cost Index. Such adjustment shat; not require further notice or pubiic hearing. SECTION XI. EFFECTIVE DATE. This ordinance becomes effective 60 days after passage, and within 15 days of passage shall be published once with the name of supervisors voting for and against it in the Antioch Daily Ledger, a newspaper published in this area. DSSED AND ADOPTED 0N1,P-/5-f� by the following vote: AYES: 7.1 NOES: =t ABSENT: Cnair of the Board .A.17 i EST: PHIL BATCHELOR Clerk of the Board of Supervisors and County Administrator eputy Nc i I i 2 � DR G3 .U« :92 F E C2 E CIi e _���y 22G: 0RDD,� »C£ 98a3 FUND 2569 � BUILDING PERMIT SUBDIVISION DESCRIPTION mEA Sum RATE RAT I =ool Fee Po g3 23 \,2e =# k. & 0.60- !OTHER:!oH.: |c mm 6 a 11 i der 0wiOff-Le e G:; k.&/ Ailed_ e 2 0.9 f.e \L A Acre IMuLTFA m, YLRESIDENTIAL (INCLUDING MOBIL HOMEPARKS): I Less-ma2»ce. t ».d ner a: — 1e 2 \ +2 23 " uy S4. y 20 2GE t " Uwy 3ei 4.C,C w9 t ' \go \»\ /c3, \Gasc. t ' = tko 1.j Eeee. % ' un- -.3 d \ rte Uw \S2 :.r 2gE sq. IlS� s.rK-- - so. f. uw . 22 \wGLE FAMILYRESIDENTIAL: . jGe m2 ¢So .«2» e. t e § &:cb j mG T 0 Sg@e. t ' Uy - R ; RE - 6.02 r EG9 =. t6 - m \&0 2 aj I /eon 2J�ea � - Jg -R 22§2. E ` e2 . ySET ESg =. £ ' « - RP \ea - J», Sem '1.0= SZ ft oG - Re _ zyg . v3 - 24 Zaa :aSi &^ s` Dom e � ` m3 - 0 zRa %e/ \>S0TCg@e_. t " m! -tea &Eg ES$ �Q.S--ws n. -R4,. ¢S: E»\ AGRICULTURAL: j \Qs SSg G ws9ea - .EDr EE I ye»« gs d 2%9«:s � -o ORDINANCE NO. 98- 49 - I AN ORDINANCE OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ESTABLISHING DRAINAGE FEES IN THE i CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 30A The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Flood Control and Water Conservation District does ordain as follows: SECTION 1 Ordinance No. 84-54 of the Contra Costa County Flood Control and Water Conservation District is hereby repealed. SECTION 2 The Board hereby enacts the following as the Drainage Fee Ordinance for Drainage Area 30A. SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 30A, Boundary Map and Amended Drainage Plan,"dated April, 1987, on file with the Clerk of the Board of Supervisors, is adopted as the drainage plan for the Contra Costa County Flood Control and Water Conservation District Drainage Area 30A pursuant to Sections 12.2 and 12.3 of the Contra Costa County Flood Control and Water Conservation District Act (Chapter 63 of West's Appendix of the Water Code.)Said drainage plan is hereby amended as set forth in "Drainage Area 30A, Boundary Map and Amended Drainage Plan" dated July 20, 1998. - i SECTION 11 FINDINGS. This Board finds and determines that said drainage area has inadequate drainage facilities;that future subdivision and development of property within said drainage area will have a significant adverse impact on existing and future developments;that development of property within the drainage area, with its resultant increase in impervious surfaces,will require the construction of facilities described in the drainage plan;that the fees herein provided to.be charged are uniformly applied on a square,foot of impervious surface basis and fairly apportioned within said drainage are on the basis of benefits conferred on property upon which additional impervious surfaces in said drainage area are constructed; that the estimated total of all fees collectible hereunder does not exceed the estimated total costs of all drainage facilities shown on the drainage plan or included in the Engineer's Report; and that the drainage facilities planned are in addition to existing drainage facilities already serving the drainage area at the time of the adoption of the drainage plan. SECTION III EXEMPTIONS. The fee shall not be required for the following: 1)to replace a structure destroyed or damaged by fire, flood, winds or other acts of God, provided the resultant structure has the same, or less impervious surface as the original structure; 2)To modify structures or other impervious surfaces, provided the amount of ground coverage is not increased by more than 100 square feet; 3) To convey 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; or 4) Any ; C,dinance No. cc—.q P2oe 1 of I --- - J us au ley-_ tees nave Deen Cully paid previously. - ! FSECTION IV. FEE DEFERMENT. On lots greater than two acres in size, the property owner I can defer the payment of the fee on the portion of the lot in excess of two acres that is not a required part of the pending development The deferment of fee is conditional on the property owners granting, a� collateral, the development rights to the Board of Supervisors for said area of deferred fee until such time as the fee is paid. SECTION V. BUILDING PERMITS. Except as permitted under Section III and IV, the Contra Costa County or the city official having jurisdiction shall not issue any building pemlit for construction within the drainage area until the required drainage fee has been paid. For initial construction the fee shall-Pe as set for the in Section VII. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be per pool. For other construction, modifications or replacements to an existing facility that cause an increase in impervious surface, including, but not limited to, driveways, walks patios, etc., the amount of net increase in impervious surface shall be subject to a fee of OX per square foot, but not to exceed the amount required under Section VI1. SECTION VI SUBDIVISIONS. Except as permitted under Sections III and IV, the subdivide; shall pay the drainage fee on the entire proposed subdivision or on each individual unit for which a I final or parcel-map is filed prior to recordation of said map. Town house, condominium, and cluster housing type subdivisions creating individual lots less than 4,000 square feet shall be treated as i multifamily residential and the lot size used in determining the "square feet of land per unit, shall be the lot size prior to subdividing. Except as noted above, the fee for all other subdivisions shall be calculated on an individual lot basis. The fee amount shall be as set forth in Section VII. SECTION VI1. FEE SCHEDULE Measure Building Permit Subdivisio Co roal/Industfial/Downtown office Acre 322,204.00 $23.8 Office um) Acre 1 $19,029.00 $ 65.00 Office(L' ht) Acre 515, 924.00 17,949.00 I Multifamily r identia cludinQ Mdbile Home Parks) Less than 2,500'bq.ft of la2taepdnit Acre S1 6. $1- ;496.00 I 2,500 to 2,999' Unit ,036.00 01,036.00 3,000 to 3,999" Unit $1,188.00 VI $1,188.00 4,000 to 4,999 Z N, Unit 1 $1,382.00 $1,382.00 5,000 to 5,999 ' U $1,582.0 ,582.00 6,000 to 6,99 nit $1,77 . 0 31, 6.00 7,000 to T�229 " Unit $1 05.00 I S1.95%Q0 i 6,000 t I ft2,062.00 1 52,oszo Single Family Residential: 4.00Q.Lo 4.9-09 sq. ft.ol land Der Uni'. 1, x.00 52,327. 5.000 to .&q - ( Unit 3 , 7_ S2 .DD 1 6,000 to 6,P9� Uni; l s1,582. 21.00 7,000 to 7 Q99 " Uni: l 31,647.00 $2,619.00 8,000 to 9 9Q " I Uni, 151,74:.0 _ 2,759.00 16,000 to 'y 9�" I Unit 51,9 .00 IS .00 I 14,6 o 19I Unit 62.00 53,4 I 00 Uyo59.990 " I 54.1 5.0 U;,a S2.797.00 o i rdfinance N^ c;:—GG ��' Measure BLOlding Permit Subdivisio 30,Q00 to 39,999 " Unit $3, .00 $5,011.0 40,0 Unit $4,16 . 0 $5, .00 j Agricultural: ' Under 10%of lot imp ious Exempt j More than 10% o : impervious Acre $21,16 0 i On singlamily lots, bams and sheds in excess of 400 square feet and tennis and sports courts shall not be considered as incidental residential facilities included in the above fee schedule. The drainage fee for the portion of these facilities in excess of 400 square feet shall be calculated using the square foot fee in Section V, and it shall be in addition to the above fee amounts. For the purpose of this ordinance, subject to Section VI, lot size shall be (1) for existing lots, that land shown on the latest equalized assessment roll as a lot; or (2) for new subdivision lots, that land shown on the final or parcel map as a lot The fee amounts under"Single Family Residential" shall apply to lots containing only one dwelling unit. For multifamily residential (including mobile home parks)the "square feet of land per unit" shall be the quotient obtained by dividing the lot size in square feet by the number of dwelling units proposed to be on the lot. SECTION VI11. FEE PAYMENT. The official having jurisdiction may accept cash or check, or, when authorized by the District's Chief Engineer, other consideration such as actual construction of a part of the planned drainage facilities by the applicant or his principal. All fees collected hereunder shall be distributed into the appropriate accounts. $0.37 of each $0.54 collected will be deposited in the County Treasury to the account of the drainage facilities fund established for the drainage area. The remaining $0.17 of each $0.54 will be deposited into the Flood Control Zone 1 fund to be used for improvements in the Marsh Creek Regional Improvement Plan. Monies in said funds shall be expended solely for land acquisition, construction, engineering, administration, repair maintenance and operation or reimbursement for the same, in whole or in part, of planned drainage facilities within the drainage area, or the Marsh Creek Regional Improvement Plan. Said monies may also be used to reduce the principal or interest of any indebtedness of the drainage area, or the Flood Control Zone 1 fund. I SECTION iX. CREDIT. Drainage fees previously paid shall be credited as follows: A Where drainage fees have been paid under a former drainage fee ordinance based on acreage, fees shall not be required under Section VIi for any part of the total area for which the fee was paid, except in the case of a resubdivision. B Where drainage fees have been paid under this ordinance or another drainage fee ordir Bance based on impervious surface, fees shall not be required under Section VII for the total impervious surface area for which the fee was paid. However, fees shall be payable under ' Section VI1 for any additional impervious surface area. C Where drair gage fees have been paid other than pursuant to an adopted drainage fee ordinance, the dollar amount of the fee paid for the development site ir, question shall be credited acainst the fees payable under Section VII. i Ordin-p-ice tic. 9E-49 Pace 2 - L i SECTION X. REVIEW OF FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on January 1 to account for inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not j reauire further notice or public hearing. SECTION XI. EFFECTIVE DATE. This ordinance becomes effective 60 days after passage, and within 15 days of passage shall be published once with the name of supervisors voting for and against it in the Brentwood News, a newspaper published in this area. PASSED AND ADOPTED ON/P-IsLsr by the following vote: AYES: urmT,, --r-�t, I NOES: r� I ABSENT: NajE hair of Me Board ATTEST: PHIL BATCHELOR 1 Clerk of the Board of Supervisors i and County Administrator By: G �, e epury lEdctlM itommandard ordinance—DA 30A 10.21/92 i i I I I . � � I . D �4GE & D - � FEEr-NCR.L-'E EFFECTIVE £AT AR« t .S I 0 F D r-m k NCIE 449 FUND 37 I � I BUILDING sueDoN | DESCRIPTION MEASURE PERMIT RAt RAT i ':.:,^G Fee2 = _ .asey s. m 10 % � I $u /"' i2 ( .q Am S5w S,z� !MULTIFAMILY RESIDENTIALBNCLU DING Moes HOMEPARKS): ,aGHISS e. % 6;d = e\ /ES TIC 2.999 s--- f " } ^ zing /. % " mR _ 2j S.--;00-® -� E Sm - c - » .o-4.93- s'-. mZ \Sg teM | � 7. S2so. ft- " Ur" ice! / \g! /j 5 Sam EggE. t " u« , | /Ss 2+: 9. ± " Ur.:' \/ I ua \e2 Ia\ I !SINGS FAMILY RESIDENTIAL: I I L e S s n %mcT¢9 R. % y.: 9 e r -a P. uw - 2oB I 2e5 � SE. SgG g. t " /2 - - - - - 2 � - - --- 2. | /:J2o« 9s- e - R '! R � §Sem 9 9 s t _ rl s/\ (, cT ., _ _ s:j a3 T lE9Z,f S /\G TO .9--- t — I Se . a»GQ /. t ' . - m0 1aG sEj I i0.mesa. % + Uv - : «+7 -A | ;AGRICULTURAL: | Gge 25 e' I E� �; leSey»m?eG �e D2g � I _ • i J. � I EXHIBIT A y ORDINANCE NO. 98-56 AN ORDINANCE OF THE CONTRA COSTA COUNTY FLOOD CONTROL i AND j WATER CONSERVATION DISTRICT ESTABLISHING DRAINAGE FEES IN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 30B The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Flood Control and Water Conservation District does ordain as follows. SECTION 1 Ordinance No. 92-18 of the Contra Costa County Flood Control and Water Conservation District is hereby repealed. i S=CTION 2 The Board herebv enacts :he following as the Drainaae Fee Ordinance for Drainage Area 303. SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 30B, Boundary Map and Amended Drainaae Plan," dated November, 1988, on file with the Cleric of the i Board of Supervisors, is adopted as the drainage pian for the Contra Costa County Flood Control and Wate- Conservation District Drainage Area 30B pursuant to Sections 42.2 and 12.3 of the Contra Costa County Rood Control and 'Nater Conservation District Act (Chapter o3 of`Nest's Appendix of the Water Code.). SECTION II FINDINGS. This Board finds and determines that said drainaae area has inadequate drainaae faciiities; that future subd!vis!or. and development of property within said drainage area will have a significant adverse impact on existing and future developments; that development of property within the drainage area. with its resultant increase in impen1i0uS surfaces, will require the construction of faciiities described in the drainage pian: that the fees herein provided to be charged are uniformly applied on a square foot of impervious surace basis and fairly apportioned within said drainage are on the basis of benefits conferred on property upon which additional impervious suraces in said drainage area are constructed; that the estimated total of all fees collectible hereunder does not exceed the estimated total costs of all drainaae faciiities shown on the drainage plan or included in the Engineer's Re-Por; and that the drainage facilities planned are in addition to existing drainage facilities already serving the drainage area at the time of the adoption of the drainage plan. SECTION 111 EXEMPTIONS. T.. 'ee shall not be required for fcl!ovvinc 1 to replace Structure destroyed or damaG_ed by-5-e, flood._ winds Cr other acts of God_. provided the reSultan: struc�ure has the SaMe. r.r less imperdousSL a as .the Gna, StrL .L'r : �! . v m�C,f StrL,.,LJreS Cr other impervious S:.RaceS; provided .:.e a:roJr,. of grdl,nd c0.e,ac„ � not 'n..reas.,d by mor., than 100- scual- fe— 3'1 To convey •.and a acvemme t agency. =Hc entity, oubiic utility or abutt ng property owner where a new building lot or site Is not created as a result bf the Con-eyance; or 4)Any lot cr crcoertw fv-y✓nlCn Cr rade S na':S bee !U V/ pa!C pr=:'iv'J$!' - h - = Y Q SECTION IV. FEE DEFERMENT. On lots greater than two acres in size, the property owner can defer the payment of the fee on the porion of the lot in excess of two acres that is not a required I part of the pending development. The deferment of fee is conditional on the property owners granting, as collateral, the development rights to the Board of Supervisors for said area of deferred fee until such time as the fee is paid. SECTION V. BUILDING PERMITS. =xcept as permitted under Section iII and IV, the Contra Costa County or the city official having Jurisdiction shall not issue any building permit for construction within the drainage area until the required drainage fee has been paid. For initial construction the Tee shall be as set for the in Section VII. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be y' 4- per pool. =or other construction, modifications or replacements to an existing facility that cause an increase in impervious surface, including, but not iimited to, driveways, walks patios, etc., the amount of net increase in impervlouS SurTace shall be subject to a fee of er square foot, but not to exceed the amount required under Section VII. SECTION VI SUBDIVISIONS. Except as permitted under Sections III and IV, the subdivider shall pay the drainage fee on the entire proposed subdivision or on each individual u nit for which a final or parcel map is filed prior to recordation of said map. Town house. condominium, and cluster housing type subdivisions creating individual lots less than 4,000 square feet shall be treated as multifamily residential and the lot size used in determining the "square feet of land per unit" shall be the lot size prior to subdividing. Except as noted above, the fee for all other subdivisions shall be calcuiated on an individual lot basis. The Tee amount shall be as set forth in Section VII. SECTION VII. FEE SCHEDULE fees lnrtre4 sed Measure j Building Permit Subdivisi co ercial-'irndustrai Downto .r• o-,50e Acre S21.382.00 1522.9' 0 - - - O Acre I S 18.324.00 j S" 17.00 j 0 c (Light 1 Acre S'C.33'.00 17 284.00 t - I I Multifamily resident Including Mobile Homs Parks) Less tear.2.500 sc. of'., per un Acre j S1 d.00 j S16.848.00 1 2.500 to 2'999 " ! Un it 98.00 S998.00 ` 3.000 to 3 qac " unit ! S.JA4.00 I S1.14'..O '= - - - -- 4.000 to 4.999 " Un i' i S1.331.00 1 S1.331.00 5.000 tc 0.999 " r 51.523.00 j S1.523.00 j 6.000 to 6.999 " _ 1 Unit ( S1.M.00 S'.710.00 7,000 to 7.999 " 1 Unit 1 S1.892.00 S1.892.00 8.000+ " 1 Unit ! S1.986.00 j S1.9a5.00ov 1 Single Family Residential: j 1 4.000 to=999 sc. ... of land oe:u nlivr Unit 1 S1.39-8.00 j S2.241.00 I j 5.000 :o 5.999 1 ur 1: '1.461.00 I S2.33-.00 a 6.000 :0 .999 - - - - - - - - - - - - i err.: S;2 AL_ fr: + . x999J".52s.00000e .7 i J2.6�r.:;.: '.0.000 i0 3Uri;: S:.c"".S.Cn ^ 92.'.00 i 14.000118.130 1 ST -9.0.0 i I 1 20 r to 29.999 " : Unit 32.593.00 i S4.04 J i000 to , ;t 3�.'_= F. j S .325.G0 98 - i _I - Measure Building Permit ; S 40.000+"" 5400Q 55.55&.00 - i - , - - 1 Agricultural: i I Under !0% o`lo' - s j "XE i % cf;ct imo°rvio scr e -- - 520.384 On single family lots, barns and sheds in excess of 400 square feet and tennis and sports courts shall not be considered as incidental residential facilities included in the above fee schedule. The drainage fee for the portion of these facilities in excess of 400 square feet shall be ca:culated using the square foot fee in Section V, and it shall be in addition to the above fee amounts. For the purpose of this ordinance, subject to Section VI, lot size shall be 0) for existing lots, that land shown on the latest ecualized assessment roll as a lot: or (2) for new subdivision lots, that land shown on the final or parcel map as a lot. The fee amounts under "Singie Family Residential" shall apply to lots containing only one dwelling unit. For multifamily residential (including mobile home parks) the "square�feet of land per unit' shall be the quotient obtained by dividing the iot size in square feet by the number of dwelling units proposed to be on the lot. SECTION VIII. FEE PAYMENT. T he oficial having jurisdiction may accept cash or check, or, when authorized by the District's Chief=ngineer. other consideration such as actual construction of a part of the planned drainage facilities by the applicant or his principal. All fees collected hereunder shall be distributed into the appropriate accounts. SO.SS of each 50.52 collected will be deposited in the County Treasury to the account of the drainage facilities fund established for the drainage area. The remaining SO.17 of each 50.52 will be deposited into the Flood Control Zone 1 fund to be used for improvements in the Marsh Creek Regional improvement Plan. Monies in said funds shall be expended solely for land acquisition, construction, engineering, administration, repair maintenance and operation or reimbursement for the same, in whoie or in part, of planned drainage facilities within the drainage area, or the Marsh Creek Regional Improvement Plan. Said monies may also be used to reduce the principal or interest of any indebtedness of the drainage area, or the Flood Control Zone 1 fund. SECTION In. CREDIT. Drainage fees previously paid shall be credited as follows: i A Where drainage fees have been paid under a former drainage fee ordinance based on acreage. fees shall not be required under Section VII for any part of the total area for which the fee was paid, except in the case of a resubdivision. B Where drainage fees have been paid under this ordinance or another drainage fee ordinance based or, impervious surface, fees shall not be required under Section VII for the total impervious surface area for which the fee was paid. However. fees shall be payable under Section VII for anv additional impervious surface area. C Where drainage fees have been paid othertl?an puISu I. tc an ado1-1,' drain~__ Tee ordinance, the dol;ar amount oT the :_� Maio for tri._ d_�!_!opment site in -question sra! ^_ c,-edited against the fees payable under Sectio^ V!l. r 98-55 - i SECTION X. REVIEW OF FEES. ?roiec. cost estimates shall be reviewed even% vear that this ordinance is in effect. The fee schedule shall be adjusted annually on January 1 to account for inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not require further notice or Dublic hearing. i SECTION XI. EFFECTIVE DATE. This ordinance becomes effective 60 days after passage, and within 15 days of passage shall be published once with the name of supeRlisors voting for and against it in the Brentwood News, a newspaper published in this area. i PASSED AND ADO PTE D ON i-2vs-9�, by the ;oIlowing vote: Yea. L'__=, - �vyK� 7 .='1j. y 4 tDQQ NOES: i ABSENT: i I Chair of the Board A EST: ?HIL BATCHELOR = Clerk o the Board of SUDervisors and County Administrator Bv- '/�/Deputy G S----"J 1ton.DA303 Exh b".con i ;X22:9 I i i 92-56 g±&�&C£ ��» a -FLOOD COxT O£ FZ1-\CRE. ESEF£CT-I'V±£AN-UYt C i ORDS_A,__-\_Ct9SJ6 -DIM 16 BUILDING SUBDIVISION i , DESCRIPTION MEASURE PERMITRAT _ RAT ; gym& e ma 629 53 uare Foot s. = Eq �o H�: ~� , c mm @w3 wm .v i Acre 213.9 710 »Aj | to err±um Acre m.54> 22.9551 e { gy m - Acre 2799 jMULTIFAMILY RESIDENTIAL(INCLUDING Moses HOME m: , |aspr. zSo =. t y:a c± 229 .Eej 75 0c 2.G@g. f " Uy t xg 13 2; . - u2 t2G .\ TO - cgs | 4.SO To«;S 9. f Unit 1.492 S5EgQe. ± ' u« t 2 t I ' 16.11,-0 EgG G. % ` uw 1.917 29' \ re — 7.999 � � � b .wa ,u ® 3. f ' uw I.2 22) 180.13r"oe2. t " unit 2.227 s/ !SINGLE FAMILY RESIDENTIAL: as than ¢+o .¢g2so. te.da-ug U« - R 1-568 .e/ mmo . aG@s + ' U« - / 7 �/ I yom E99css— u£ - m l'-0-1 _ 1-71) : TO 299@9. % U£ - R 27 7 Blr. - I Sem EG@R- % ' u« - R 4.882 [, Do � A. e. 1. ' uw - e: zoo 522 . JAam. ».D�@e � Lim! - z Sal 33.7771\ � 120.03 29.99-3 =. % " Unit - FD2& I mom 3E m2Sq. ft. ' uw - 2: SGB t :40300 G. t + ua - R40 +494 SI i AGRICULTURAL: I u2e 25 d y RmGw: , 0 Wrairage FacilitieSmi; Q. C. Ig ; / e ; - E,�n � 3C. «m I EXHIPIT A ORDINANCE NO. 98- 57 I I AN ORDINANCE OF THE i CONTRA COSTA COUNTY FLOOD CONTROL ! AND i WATER CONSERVATION DISTRICT ESTABLISHING DRAINAGE FEES IN THE I CONTRA COSTA COUNTY FLOOD CONTROL ! AND WATER CONSERVATION DISTRICT DRAINAGE AREA 30C ! i -he Board of Supervisors of Contra Costa Countvas the Governing Body of the Contra Costa Countv j =food Con rol and `.^.'ater Conservation District does ordain as follows: I SE, i ION 1 Ordinance No. 87-70 of the Contra Costa County Flood Control and Water Conservation D;strict is hereby repealed. I ScC T ION 2 The Board herebv enacts the following as the Drainage Fee Ordinance for Drainage =Area 30C. I i i SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 30C, i Boundary Mao and Amended Drainage Plan," dated April, 1987, on file with the Clerk of the Board of � SUD=NISGrfi, is adopted as the drainage pian for the Contra Costa County Flood Control and Water Conservation Dstrict Drainaae Area 30C pursuant to Sections 12.2 and 12.3 of the Contra Costa county Fiood Contra! and Water Conservation District Ac`. !Chapter o3 of West`s Appendix of the ���ater Code.l. i SECTION 11 FINDINGS. This Board rinds and determines that said drainage area has inadequate I drainage facilities; that future subdivision and development of property within said drainage area will � have a significant adverse impact on existing and future developments; that development of property within the drainage area, with its resultant increase in impervious suraces, will require the construction of facilities described in the drainage plan; that the fees herein provided to be charged I are uniformiy applied on a square foot of impervious surface basis and fairly apportioned within said i drainage are on the basis of benefits conferred on ProDerty upon which additional impervious I surfaces in said drainage area are constructed; that the estimated total of all fees collectible I hereunder does not exceed the estimated total costs of all drainage facilities shown on the drainage plan or included in the Engineer's Report and that the drainage facilities pianned are in addition to I existing drainage facilities already serving the drainage area at the time of the adoption of the I drainaae pian. I I SECTION III EXEMPTIONS. The fen- shall not be required for`he folic%ing: 1 to replace a 'rG' ed or C a.I II—nH ilr e. iiDD:. i.'indS Or other aC:J OT GOC. CDVId�d :he resultant J_r;:;.rJl�. :J� I G'. I nc-ur as the .s. =_me or less impe^!I:. I sulk ce tl I Sffucture. 2'! I v modify structures o -u v s a as '�e or ainai i other ;mD= ions surfaces; provided the amour` of around coverage is not increased by more than I EJU S-uar= r�=_: 3 i I o convey." 'and tc s ao�e,r ment agency, DubLC =nLt .ttV, public utl;lty. or abutting ! proDerry o rner:'✓here a new buildino lot norsite is not created as a result of the cOnvm_yanc_-; or 4'l An lot or property for which drainage fees haze b==n fully paid Dr=viously. I L SECTION IV. FEE DEFERMENT. On lots greater than two acres in size, the property owner i can defer the payment of the fee on the porion of the lot in excess of two acres that is not a required part of the pending development. The deferment of fee is conditional on the property owners granting, as collateral, the development rights to the Board of Supervisors for said area of deferred fee until such time as the fee is paid. SECTION V. BUILDING PERMITS. except as permitted under Section III and IV. the Contra Costa County or the city official having jurisdiction shall not issue any building permit for construction within the drainage area until the required drainage fee has been paid. For initial construction the fee shall be as set for the in Section VII. For single family residential swimming pools on lots for which the i drainage fee has not been paid, the fee shall be>Wper pool. For other construction, modiflcatiors or replacements to an existing facility that cause an increase in impervious surface, including, but not limited to, driveways, walks patios: etc., the amount of net increase in impervious surface shall be subject to a fee ot."W6611.0per square foot. but not to exceed the amount required under Section VII. SECTION VI SUBDIVISIONS. Except as permitted under Sections III and IV, the subdivider shall pay the drairx,ge fee on the entire proposed subdivision or on each individual unit for which a final or parcel map is flied prior to recordation of said map. :own house. condominium, and cluster housing type subdivisions creating individual lots less than ^.000 square feet shall be treated as multifamily residential and the lot size used in determining the "square feet of land per unit" shall ba- the ethe lot size prior to subdividing. Except as noted above, the fee for all other subdivisions shall be calculated on an individual lot basis. -he fee amount shall be as set forth in Section VII. SECTION VII. FEE SCHEDULE fteg Increfted 3 Measure I Building Permit J Subdivisio i { Co-. ce ^c triS17o. ownowno ice cre 270.00 S'.8.5551 I - I Office (t. iumi ] Acre { 514.800.00 S?" .,9.00 j Office (Lich-N, i Acre { S12.385.00 3.950.00 I i J i { Multifamily residentilWLncluding Mobile Home Parks) { { 1 i Less Lnan 2.o0C' Sq. a OT i2,: �' '• e _ _ j 0 _1 S,iI608.0n- ' ` - un:: i Acre ' 513. { 2.500 to 2.909 " ; Unit 1 " o.00 { S806.00 j 3,000 tc 3.99° i ^ ; Ur: 5924.00 1 5924.00 - - - - -- 1 4.000 to 4.999" Unit S1.075.00 1 S1,075.00 5.000 to 5.999" { U { x1.230.00 { 51.230.00 5.000 '0 0.999" nit { S1.381.G0 J_S1.381.00 { 7.000 to 7.999" - { Unit 151.528A0 ! $1.528.00 { 8.000 _" nit { S1.604A0 { S1.604.00 j Single Family Residential: I { 4.000 to '.999 sc. 3. of'and cer!nit Unit ' S'.:129.00 S4.810.0C { 5.000 o aco % Unit I 80.00 j S1.885Ac 1 3.000 .0 999 - unit I S1? - S' _61.00 7.000 .0-.999 ' I Urs' { a'.28'.OJ SL.JJI.00 ?.CSO is �9 Uri: { S 3356.0 - S2.146.00 0.000 io 13, Uni`. j S?.5C7.00 384.00 { "4.000 Linn { x.00 = S2.. OC { 20. _c 29.9-3-9 ' { Unit 52.17 5.00 : S3.263. j .000:c s9 a?a I Uni: { 52.-00.CC 53.897.^O i 9 -57 _ - I i Measure Building Permit Su 40.D0Dr' /' Unit S3,23a. 483.DC" - - i Agricultural: " Under 10% of lot Exemo :o e'Jotimpervious Acre_ S16,4o4M0 f On sin„ a family lots, bams and sheds in excess of 400 square feet and tennis and sports courts shall not be considered as incidental residential facilities included in the above fee schedule. The drainage fee for the portion of these facilities in excess of 400 square feet shall be calculated using the square foot fee in Section V, and it shall be in addition to the above fee amounts. For the purpose of this ordinance, subject to Section VI, lot size shall be (1)for existing lots, that land shown on the latest equalized assessment roll as a lot; or(2) for new subdivision lots, that land shown on the final or parcel map as a lot. The fee amounts under"Single Family Residential" shall apply to lots containing only one dwelling unit. For multifamily residential (including mobile home parks) the "square feet of land per unit" shall be the quotient obtained by dividing the lot size in square feet by the number of dwelling units proposed to be on the lot. SECTION Vlll. FEE PAYMENT. The official having jurisdiction may accept cash or check, or, when authorized by the District's Chief Engineer, other consideration such as actual construction of a i part of the planned drainage facilities by the applicant or his principal. All fees collected hereunder shall be distributed into the appropriate accounts. $0.25 of each 50.42 collected will be deposited in the Counh,Treasury to the account of the drainage facilities fund established for the drainage area. i The remaining $0.17 of each S0.42 will be deposited into the Flood Control Zone 1 fund to be used for improvements in the Marsh Creek Regional improvement Plan. Monies in said funds shall be expended solely for land acquisition, construction, engineering, administration, repair maintenance and operation or reimbursement for the same, in whole or in part, of planned drainage facilities within the drainage area, or the Marsh Creek Regional Improvement Plan. Said monies may also be used to reduce the principal or interest of anv indebtedness of the drainaae area, or the Flood Control Zone fund. SECTION IX. CREDIT. Drainage fees previously paid shall be credited as follows: A Where drainage fees have been paid under a former drainage fee ordinance based on acreaae, fees shall not be required under Section VII for any part of the total area for which the fee v.,as paid, except in the case of a resubdivision. I I B Where drainage fees have been paid under this ordinance or another drainage fee ordinance based on impervious surface, fees shall not be required under Section VII for the total impervious surface area for which the fee was paid. r However, fees shall be payable under Section VII for anv additional impervi0;.1s surface area. j C Where drainaae fees have been paid other than pursuant to an adopted drainage fee ordinance, the dollar amount of the fee paid for the development site in question shall Ce credited aaalnsl the fees payable under Section VII. SECTION X. REVIEW OF FEES. Project cost estimates shall be reviewer-d avery• year teat this I ordinance is in effect. The fee schedule shall be adjusted annually on January 1 to account for inflation using the Engineering News Record Construction Cost Index. Such adiustment shall not require further notice or public hearing. SECTION A. EFFECTIVE DATE. This ordinance becomes effective 60 days after passage, and within 15 days of passage shall be published once with the name of supervisors voting for and against it in the Brentwood News. a newspaper published in this area. PASSED AND ADOPTED ON%a'✓s-%y by the following vote: AYES: NOES: ASSENT: Chair of the Board A-71 EST: PHIL BATCHELOR Clerk of the Board of Supervisors and County Administrator I h// Z- Deputy i i U.flc..";mZcr-:D =,n''b Ldo� i i -57 � Dm&P�2G12 D aG - . C '£sF I£j«2t \ NO-- I- 0RD�-A N C E 8-5 m-:ND ss I BUILDING SUBDIVISION I IDESCRIPTION MEASURE PERMIT RATE RAT , e =e Po 0a. » \y Eg� Jo H : i 13. ice q u} re m.--2 lE&t ' ,a� - 2.g4 ,EMj _ . �g �e IMUL EAM, YLRESIDENTIAL (INCLUDING MOBILE HOMES m: ! Awa @a zgcso. ft. e.d Der unit Acre 153.2-55 aj /mom 2.999 t " me ma 133.000 TO Imes. ft. ` m: tSe \\I /me .¢99@2. $ m\ 1.2 10;5 /;mT £9993s um RSo .Eg@E. t " u« : t&B I I /U, ® e ` - ,� .�a U« x % !SINGLE FAMILY RESIDENTIAL: ewe than«Se TO«@g e. % G 5w Der u6 U+ -R ~ 2 � 5\a e. ± " um - R ySc &-0—E®: =. t ' - /\S 2/}/. t " /g\ ./\ /:+. tg@sq. ft- ' uw - Ra (Envoi g.�o s. t ' ue -�0 te- I; ..000 TO g.g@m. % ' u2 - g4 tR, i&33 .g2 e. t ' 4 - �o seg /IeS T ».3g R. U -P. 3. �gSS =. t - m! - moo ^\ | AGRICULTURAL: ; I � - 'd¥» e«: - x�� . � ,� co» mgr �. e . � . i I = i I i Exhibit A I ORDINANCE NO. 2 .3 i_-?o I AN ORDINANCE OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ESTABLISHING DRAINAGE FEES IN THE CONTRA COSTA COUNTY FLOOD CONTROL i AND WATER CONSERVATION DISTRICT DRAINAGE AREA 52D The Board of Supervisors of Contra Costa County as the Governing Body,of the Contra Costa County Flood ConTrol and Water Conservation District does ordain as follows: SECTION "I Ordinance No. 98-58 of the Contra Costa County Flood Control and Water Conservation District is hereby repealed. SECTION 2 The Board hereby enacts the following as the Drainage Fee Ordinance for Drainage Area 52D. SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 52D, Boundary Map and Drainage Plan, Amendment No. 2," dated December 5. j 2001 , on file with the Clerk of the Board of Supervisors, is adopted as the drainage plan for the Contra Costa County Flood Control and Water Conservation District Drainage Area 52D pursuant to Sections 12.2 and 12.3 of the Contra Costa County Flood Control and Water Conservation Distric, Act (Chapter 63 of W-est's Appendix of the Vlater Code.) I SECTION If FINDINGS. This Board finds and determines that said drainage area has inadequate drainage facilities; that future subdivision and development of property within said drainage area will have a significant adverse impact on existing and Future developments; that development of property within the drainage area, with its resultant j increase in impervious surtaces. will require the construction of facilities described in the drainace plan: that the fees herein provided to be charged are uniformly applied en a square foot of impervious surface basis and fairly apportioned within said drainage are on the basis of benef.`s conferred on cropertv upon which additional imperv`ous j s'.:rraces in said draina.-- arc arc constructed: that the estimated total of all fees Collectible hereunder does not exceed the estimate« ictal sts of all drainage iac.11ies shovwn c^ `he drai^age olar. or included in the Enuinee. s Repos: and that the drainage I i _ I i I i faciiities planned are in addition to existing drainage facilities already sen.,ing the drainace area at the time of the adoption of the drainage pian. SECTION III EXEMPTIONS. The fee shall not be required for the follov.,ing: 1) to replace a structure destroyed or damaged by fire, flood, .rinds or other acts of God, provided the resultant structure has the same, or less impervious surface as the original structure; 2) To modify structures or other imperious surfaces, provided the amount of around coverage is not increased by more than 100 square feet; 3)To convey 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; or 4)Any lot or property for which drainage fees have been fully paid previously. SECTION IV. FEE DEFERMENT. On lots greater than two acres in size, the property owner can defer the payment of the fee on the portion of the lot in excess of two acres that is not a required part of the pending development. The deferment of fee i is conditional on the property owners granting, as collateral, the development rights to the Board of Supervisors for said area of deferred fee until such time as the fee is paid. SECTION V. BUILDING PERMITS. Except as permitted under Section III and IV, the Contra Costa County or the city official having jurisdiction shall not issue any i building permit for construction within the drainage area until the required drainage fee has been paid. For initial construction the fee shall be as set for the in Section VII. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be per pool. For other construction, modifications or replacements to an existing facility that cause an increase in impervious surface, including, but not limited to, drivew ,s, walks patios, etc., the amount of net increase in I imperious surface shall be subject to a fee of1mcper square foot, but not to exceed the amount required under Section VII. j SECTION VI SUBDIVISIONS. Except as permitted under Sections III and IV, the subdivider shall pay the drainage fee on the entire proposed subdivision or on each individual unit for which a final or parcel map is filed prior to recordation of said map. Town house. condominium, and cluster housing type subdivisions creating individual I lots less than 4.000 square feet shall be treated as multifamily residential and the lot size used in determining the "square feet of land per unit' shall be the lot size priorto subdividino. Except as noted above, the fee for all other subdivisions shall be calculated on an individual lot basis. The fee amount shall be as set forth in Section VII. ` I SECTION VII. FEE SCHEDULE FtweS Increased _ I Measure Building Permit Subdivisio :.o ercialilndustr;a- Downtown office Acre 32.896.00 25, .00 OfficeNpdiurn i Acre 28.192.00 . 04.00 Office(Lia Acre 23.592.00 OIC26.592.00 i Multifamily resi tial (Including Mobile Home Parks) loor Less than 2.500 sq. land Der unit Acre 25 .00 25.920.00 2.500 to 2.999" Unit 00011.536.00 1.536.00 3.000 to 3.999 " Unit 1,760.00 1.760.00 4.000 to 4.999 " NisUnit 2.048 00 2,048.00 5.000 to 5.999 " Unit 2.344.00 2 344 .00 6.000 to 6,999 " N441 Unit 2.632.00 2.632.00 7,000 to 7.999 " Unit 2.912.00 2.912.00 8.000+" U 3.056.00 3.056.00 Single Family Residential: 4.000 to 4.999 sq.ft. of land per unit 10011F 14 nit 2.152.00 3,44B.00 5.000 to 5.999" 2.248.00 3.592.00 6.000 to 6.999 " Unit 2.344.00 3,736.00 7.000 to 7.999 " Unit 2.440.00 3,680.00 8.000 to 9.999 " Unit 2.5134.00 4.088.00 10.000 to 13,909 .9Unit 2,872.00 4,504.00 i 14.000 to 19.999 " Unit 3.352.00 5.184.00 20.000 to 29.999 " Unit 144.00 6.216.00 30.000 to 39.999 " Unit 5NJ4.00 7.424.00 ! 40.000+" " 4Unit 6.16N 8.553.00 Agric ral: U0 10%of lot imDervious Exemot ore than 10% of lot imDervious Acre 23.592.00 On single family lots, barns and sheds in excess of 400 square feet and tennis and sports courts shall not be considered as incidental residential facilities included in the above fee schedule. The drainage fee for the portion of these facilities in excess of 400 square feet shall be calculated using the square foot fee in Section `•!, and it shall be in addition, to the above fee amounts. the purpcse of this ordinance, sublec; to Sec ion V1, lot size shall be !;I)fG' existing Icts. that lane shown on the I:test equaiize-d aSS6ssment roli as a iot.- or Gl for nev/ subdivision lots, that land shown on the final: or parcel map as a let. The fee amounts under"Sincle ;arnih: Residential" shall gip!; to lots containina only one d:valllinci unit. i For multifamily residential (including mobile home parks) the "square feet of land per unit" shall be the quotient obtained by dividing the lot size in square feet by the number of dweliing units proposed to be on the lot. I SECTION VIII. FEE PAYMENT. The official having jurisdiction may accept cash or check, or, when authorized by the District's Chief Engineer, other consideration such as i actual construction of a part of the planned drainage facilities by the applicant or his i principal. All fees collected hereunder shall be distributed into the appropriate accounts. $0.76 of each $0.80 collected will be deposited in the County Treasury to the account of the drainage facilities fund established for the drainage area. The remaining $0.04 of each S0.80 will be deposited into the Flood Control Zone 1 fund to be used for improvements in the Marsh Creek Regional Improvement Plana Monies in said funds i shall be expended solely for land acquisition, construction, engineering, administration, repair, maintenance and operation or reimbursement for the same, in whole or part, of planned drainage facilities within the drainage area, or the Marsh Creek Regional Improvement Plan. Said monies may aiso be used to reduce the principal or interest of anv indebtedness of the drainage area, or the Flood Control Zone 1 fund. j SECTION IX. CREDIT. Drainage fees previously paid shall be credited as follov.s: A Where drainage fees have been paid under a former drainage fee ordinance based on acreage, fees shall not be required under Section VII for any part of the total area for which the fee was paid, except in the case of a resubdivision. B Where drainage fees have been paid under this ordinance or another drainage j fee ordinance based on impervious surface, fees shall not be required under ' Section VI l for the total impervious surface area for which the fee was paid. However, fees shall be payable under Section VII for any additional impervious surface area. C Where drainage fees have been paid other than pursuant to an adopted drainage fee ordinance, the dollar amount of the fee paid for the development site in question shall be credited against the fees payable under Section VII. i SECTION X. REVIEW OF FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fez schedule shall be adjusted annually on Januar: 1 to account for inflation using the Engineering Ne..s Record Construction Cost Index. Such adjustment shall not require fu-ther notice or public hearing. p: - - . I I SECTION XI. EFFECTIVE DATE. This ordinance becomes effective 60 days after passage, and within 15) days of passage shall be published once with the name of supervisors voting for and against it in the Brentwood News, a newspaper published in � this area. PASSED AND ADOPTED ON Dece«<:)er 11 , 2001, BY THE FOLLOWING: AYES: SDpEPVISOP.S GIOIA, GERBER, DESAULNIER, GLOVER and tiITKE_-lA I NOES: NONE ABS'NT: ?BONE ChairM the Boar Ai I EST: John SMeeten i Clerk of the Board of Super✓isors and Couniv Administrator Deputy I i I DR.Pk�kGE AREA D__=2D FEE 1 Increase effective January 1, 2003 ORDLN;A CE 2001 -20 FUND 2-584 1 i I BUILDING SUBDIVISION DESCRIPTION 'MEASURE PERMIT RATE RATE (Pool Fee Poo! 723. 723, Square Foct Sc. Ft. 0.82 0.821 OTHER: i Commercial/industrialiio:^m:ovm Office Acre 33.771 36.27-00 Of,-,cm- (Medium) Acre 28.942 32.342 � I Once ( Licht) Acre 24.2-20; 27,299 MULTIFAMILY RESIDENTIAL (INCLUDING MOBILE HOME PARKS): Less than 2.500 sc. F. of land per uni4 Acre 26.609 26.609 2.500 TO 2.9-39 so.ft. " Unit 1,577 1.577 ! 13.000 TO 3.999 sq.f-.." Unit '.807 1.307 1 14.000 TO 4.999 sc.it. " Uni; 2.102 2.102 5.000 TO 5.993 sq.ft." Lir.it 2,400- 2.406 16.000 TO 6.999 sq. ft. " Uri' 2.702 2,702 980187.000 TO 7.0-99- sq.ft " Unit 2.989 2.980- 18.00r; .000 + sc.ft." Unit 3.13' 3.137 SINGLE FAMILY RESIDENTIAL: 1 Less than 4.000 TO 4.999 s,;.ft. of land Der unit Unit P,4 2.209 3.540 i 5.000 TO 55.90-0-9 sq. Unit -R5 2.308 3.6881 16.000 TO 6.99-0 sc.f`.. Unit - F,6 2.406 3.8351 17.000 TO '999 sq. . Unit - R' 2.�0� 3.983 18.000 TO -0.99-09 sc.ft. Unit -R8 2.653 1 110.000 TO :3.999 sC. ;. " Unit - R10 2.948 4.624 1 i 11=.000 TC 19.999 sc.ft. " Unit - R14 3..41 5.322 20.000 TC 29.900 sc Unit - R20 4.25- 6.381 i 130.000 TC 39.999 sa.r•.." Uni: - R30 5.2B1 7.621 140.000 sc. `: - Uri: - R40 a 332 8.7811 [AGRICULTURAL: UiIG.., .15- of Ic:: Gre. Wore ti-jar. Of!C; jM-Crrio:..s - _-.220 1 1 52_ .._.. i 1 o EXHIBIT A I ORDINANCE NO. 2002-24 AN ORDINANCE OF THE i CONTRA COS TA COUNTY FLOOD CONTROL I AND WATER CONSERVATION DISTRICT j ESTABLISHING DRAINAGE FEES IN THE CONTRA COSTA COUNTY FLOOD CONTROL I AND WATER CONSERVATION DISTRICT DRAINAGE AREA 56 The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Flood Control and Water Conservation District does ordain as follows: j I SECTION 1 Ordinance No. 85-52 of the Contra Costa County Flood Control and Water Conservation District is hereby repealed. j SECTION 2 The Board hereby enacts the following as the Drainage Fee Ordinance for j Drainage Area 56. SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 56, Boundary Map and Amended Drainage Plan,"dated January 7, 1987, on file with the Clerk of j the Board of Supervisors, is adopted as the drainage plan for the Contra Costa County Flood Control and Water Conservation District Drainage Area 56 pursuant to Sections 12.2 and I 12.3 of the Contra Costa County Flood Control and Water Conservation District Act (Chapter 63 of West's Appendix of the Water Code). SECTION 11 FINDINGS. This Board finds and determines that said drainage area has inadequate drainage facilities; that future subdivision and development of property within said drainage area will have a significant adverse impact on existing and future developments; that development of property within the drainage area, with its resultant increase in impervious surfaces, will require the construction of facilities described in the drainage plan; that the fees herein provided to be charged are uniformly applied on a square foot of impervious surface basis and fairly apportioned within said drainage area on the basis of benefits conferred on property upon which additional impervious surfaces in said drainage area are constructed; that the estimated total of all fees collectible hereunder does not exceed the estimated total costs of all drainaae facilities shown on the drainage plan or j included in the Engineer's Report; and that the drainage facilities planned are in addition to existing drainage facilities already serving the drainage area at the time of the adoption of the drainage plan. j I SECTION 111 EXEMPTIONS. The fee shall not be required for the foliowing: 1) to replace a j structure destroyed or damaged b;' fire, fiood, winds or other acts of God, provided the resultant structure has the same, or less impervious surface as the origin al stru.-ture; 2 To modify structures or other impervious surfaces, provided the amount of ground ooverag= is i not increased by more than 100 square feet: 3 To convey land to a government agency, put.iic entity. public utilit,, or abutting proo,ert_v ovv,ner -here a ne:v building iot Cl- site is not I I I i I created as a result of the conveyance; or 4) Any lot or property for which drainage fees have been fully paid previously. I SECTION IV FEE DEFERMENT. On lots greater than two acres in size, the property owner can defer the payment of the fee on the portion of the lot in excess of two acres that is not a required part of the pending development. The deferment of fee is conditional on the i property owners granting, as collateral, the development rights to the Board of Supervisors j for said area of deferred fee until such time as the fee is paid. j SECTION V. BUILDING PERMITS. Except as permitted under Section III and IV, the Contra Costa County or the city officials having jurisdiction shall not issue any building permit I for construction within the drainage area until the required drainage fee has been paid. For initial construction the fee shall be as set forth in Section VII. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be$510 per pool. For other construction, modifications or replacements to an existing facility that cause an increase in impervious surface, including, but not limited to, driveways, walks patios, etc., the amount of net increase in impervious surface shall be subject to a fee of $0.58 per square foot, but not to exceed the amount required under Section VII. I SECTION VI SUBDIVISIONS. Except as permitted under Sections III and IV, the subdivider shall pay the drainage fee on the entire proposed subdivision or on each individual unit for which a final or parcel map is filed prior to recordation of said map.Town house, I condominium, and cluster housing type subdivisions creating individual lots less than 4,000 square feet shall be treated as multifamily residential and the lot size used in determining the "square feet of land per unit" shall be the lot size prior to subdividing. Except as noted above, the fee for all other subdivisions shall be calculated on an individual lot basis. The fee amount shall be as set forth in Section VII. I SECTION VII. FEE SCHEDULE Unit i I Measure Building Permit Subdivision Commercial/Industrial/Downtown Offices I acre ) S23.850 S25.0620 Offices(Medium) I acre $20.440 I 522,840 Offices(Light) i acre I $17,105 I 519.280 I Multiple Residential(Including Mobile Home Parks) I I Less than 2.500 so. ft. of land per unit acre I $18,790 I $18,790 2.500 -2.999 unit I S1,115 i $1,115 'x.000 -399? i Unit I 51.275 51,275 i i 4.00 -4999 " " l unit I S1.4b5 S1,485 5.000- 599-9 unit I S1,700 S1,700 I ii.000- 9? uni. 51.91;� S1.9;0 i I 7.000- 79-9 ^ i un I I i I ' I 8,000+ unit $2.215 I 52.215 I Single Family Residential 4,000-4.999 sq. ft. of land per unit unit I $1,560 I $2,500 5,000- 5,999 unit $1,630 $2,60: j 6,000-0"999 unit I $1,700 I $2,710 7,000- 7,999 " unit I $1,770 S2,815 8,000- 9,999 unit $1,875 $2,965 10,000- 13,999 I unit $2,080 I $3,265 14,000- 19,999 unit $2,430 $3,760 20,000-29,999 I unit $3,005 $4,505 30,000- 39,999 unit $3,730 $5,380 40,000 + " I unit $4,470 I $6,200 I Agricultural Under 10% of lot impervious Exempt More than 100/10 of lot impervious 522,740/2cre developed i portion i On single family lots, barns and sheds in excess of 400 square feet and tennis and sports courts shall not be considered as incidental residential facilities included in the above fee schedule. The drainage fee for the portion of these facilities in excess of 400 square feet shall be calculated using the square foot fee in Section V, and it shall be in addition to the above fee amounts. For the purpose of this ordinance, subject to Section VI, lot size shall be (1) for existing lots, that land shown on the latest equalized assessment roll as a lot; or 12) for neva subdivision lots, that land shown on the final or parcel map as a lot. The fee amounts under "Single Family Residential" shall apply to lots containing only one dwelling unit. For multifamily residential (including mobile home parks) the "square feet of land per unit" shall be the quotient obtained by dividing the lot size in square feet by the number of dwelling units i proposed to be on the lot. I SECTION VIII. FEE PAYMENT. The official having jurisdiction may accept cash or check, or, when authorized by the District's Chief Engineer, other consideration such as actual i construction of a part of the planned drainage facilities by the applicant orris principal. 140 fees collected 'hereunder shall be deposited in the County Treasur;to the account of the drainage facilities fund established for the drainage area. rJonies in said funds shall tie expended solely for land acquisition, construction, engineering, administration, repair maintenance and operation or reimbursement for the same, in -hole or in par, of pianned I drainage facilities ovithin the drainaae area or to reQuce the p,irclpa! or interest of an;: indebtedness of the drainage area. I I I SECTION IX. CREDIT FOR PREVIOUS PAYMENT OF FEES. Drainage fees previously paid shall be credited as follows: i I A Where drainage fees have been paid under a former drainage fee ordinance based on I acreage, fees shall not be required under Section VII for any part of the total area for j which the fee was paid, except in the case of a resubdivision. B Where drainage fees have been paid under this ordinance or another drainage fee ordinance based on impervious surface,fees shall not be required under Section VII for the total impervious surface area for which the fee was paid. However, fees shall be payable under Section VII for any additional impervious surface area. i C Where drainage fees have been paid other than pursuant to an adopted drainage fee ordinance, the dollar amount of the fee paid for the development site in question shall be credited against the fees payable under Section VII. I SECTION X REVIEW OF FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on January 1 to account for inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not require further notice or public hearing. SECTION XI EFFECTIVE DATE. This ordinance becomes effective 60 days after passage, and within 15 days of passage shall be published once with the name of supervisors voting i for and against it in the Contra Costa Times, a newspaper published in this area. I PASSED AND ADOPTED ON September 10, 2002, by the following vote: I AYES: G�r*�s L—Mal , caas�, ne AIRINU:, c�tm am GIOD, NOES: I ABSENM 43 - �_ I Chair of the Board ATT"—:::ST: John Sweeten � Clerk of the Board of Supervisors and County Administrator I -� =� Deputy I G —�nDacx F:JC'!t'.dr..i.-.mm-c-- .ou- 10r.,_s_01BC .~=6- .<D...__ I i I I I I DR TLS-kGE AREA D?36 1 �N E�`DED FEES Sept 10, 2002 its- e November 11. 2002 ORDNANCE 2002-24 FUND 2566 BLILDLM1G SUBDIVISION I DESCRIPTION I NIEASLLRE PERMITRATE + R--4ME Wool Fe_ I Pool 1 510 610 Square Foot Sq.Ft. 1 0.681 0.58 OTHER: Coi=--r:iaL.Indusaval;Dovc-ntovcm Oiitce I Acre 23.850 '_'6.620 Omce-i Medic ni I Acre 1 20.440 22.840 Ofice(Lishfl Acre 1 ;.106 19.280 N ULTIFAl3 L RESIDEI%'TL4L (LNCLUDP;G MOBILE HOi1iE PARKS): Less that 2.500 sq.R of land per unit I Acre 1 18.-90 18.796 i 1'-.500 TO 2.999 so.L " I tint 1 1.116 1 115 3.000 TO=- u .999 so.ft. " I nit 1.2751 1''^5 � (4.000 TO=.909 so.ft. " tint 1 1.4851 =85 5.000 TO 5.999 sc.fr. " tint 1 1.;00 1.700 16.000 TO 6.999 se.8. " tint 1 1.910 1910 '.000 TO X999 sa.P. " 1 tint 2 1101 2._110 fi.000-s-2. L" I tint "1:1 2.21-41 ' SGLE FALY RESIDE1vTL L: 1 I I L- IL Less than 4.000 TO 11.999 sa. t*c ian3 aer unit I Unit -24 I -._6601 '.6001 EA00 TO 5-010-0 sa.ft. 11 t;nL -R.6 I '_ 6_01 -.60-1 16_.000 TO 6.099 so.fi. " 1 tint -R6 1 1.700 2,7101 i 1".000 TO-.999 sr.r. " tini_ -R- 1.000 TO 9990 sc. tt " tine -R8 1 1.9751 955 10000 TO 13-10-0-9 Sq.- Lint -R10 1 2.0301 12 66 114.000 TO 19.999 sa.f L-nt -RI- 1 2.43401 -17601 L'.,t�.!]OJ T!1 9999IllT -t..20 1 mo,35 4.�0_� 130.000 TO 39.9-0-0 sa.-.t. ! Lint -P30 1 3 301 6 3ZC; 1_0 10)-9 c q. ift.- ILS:_ -R40 I_ 4.- !I 6.2001 AGRICLZTLK-kL: I'acr_tha.`: _ L;�*= 1an5 ! - --- '.']Ic' _'arid rcnion 1 r.;A.ST- -H) R=T-S I I :i EXHIBIT "B" I CONTI RA. COSTA COUNTY I FLOOD CONTROL AND WATER CONSERVATION DISTRICT I DRAINAGE FEE TRANSMITTAL FORM PROPER-Y OeYNE+ OWNER'S ADDRESS I ASSESSOR'S PARCEL DRAINAGEAREA SJBDIViSi0N.'D PF.',EF'NC. O? 0---DG. FERMI-NC. ==E ORDINANCE N:0. FCD FJN-j NUMBER. SUBDIVISIONS OR NEW LOTS AND INITIAL CONSTRUCTION: Acre or Unit; x 'Fee;= I LAND-;s;r.?e !_Acre or l,n : x free' LAND_SE—/=c . I (Acre or Uni'.t x ir=ePi= I LAND';S=7:0= I OTHER CONSTRUCTION,MODIFICATION OR REPLACEMENT OF EXISTING FACILITY: IMPERVIOUS SURFACE_: - .'So.Ft1 x iFeei= or 'Acre or Uni'j x -'Feel= NC us_'r�=: POOLS 10-iiy for los for which drainage fee has not been raid:: CREDIT FOR CONSTRUCTING IMPROVEMENTS OR FEES PREVIOUSLY PAID: `New Area or Net Area increase: TOTAL 1- No fee if tcfa area under 103 sq.f'. 2. Additional fees required fot,bargs. sheas, and tennis coum 0.1 single farru lots.Suotracf 400 so.It.^Cm tota!area for each use'iee on entire iot was naic. 3. Caicuiations o°area- Type of Improvement Calculation Area(so.ft.) I - I I --tai.area DLTEI ----------------------------------------------------------------------------------------------------------------------------------------------------------- I I I I I EXHIBIT "C" FLOOD CONTROL DISTRICT MAINTAINED DRAPN_AGE FACILITIES I Within the Cin• of Oakley I I Drainaee Area 39C: None I Drainage Area '-9D: tion-. I Drainaee Area'_'9E: None I Drainaee Area 29G: \one I I Drainage Area 29H: None Drainage area 30A: 'Marsh Creek Chann-1 'Detention Basin at Laurel Road and Bro-;n Road *Detention Basin at Laurel Road. east of O'Hara Avenue Drainag-Area 30B: Marsh Creek Channel I Drainage area 30C: Marsh Creek Channel "Detention Basin at\eroly Road and O'Hara Av.-nu- (Freedom High Basin) I I Drainage Area d_'D: Marsh Cree's Channel Drainaae area 36: Non-, I *Detention Basins that shall be transferred to CITY when Paragraoh 5. D of the � I Drainage Fee Collection Right of Way and Maintenance Agreement is satisfied. I I 1. DA 30A -Detention Basin at Laurel Road and Brown Road I DA 30A- Detention Basin at Laurel Road, east of O'Hara Avenu- 3. DA 30C -Detention Basin at\eroly Road and O'Hara Avenue (Freedom High Basin.) I � I I G.F:d.Ce:D:i=�qreem nG:Janie:EXHIBIT _5.5306 co: I I I I I I I I