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HomeMy WebLinkAboutORDINANCES - 09121989 - 89-57 --/a-4F1 77z ,ter CEMDRUKE ND-8 9-5 7 AN CEMDUQX'E OF 7M O NIRA COSM COONt'Y ROOD C ORML AND IRTE 2 RVAnau DI mor ESTRB11SE1G IRAIlNAGE FEES IN = C IONTRA COSTA C CUNTY HOW CONTROL AND ice' M CONSERVATIaN DISIRIC T EPABMM AICA 33B Mie Board of Supervisors of Contra Costa County as the governing body of the Contra Costa Comity Flood Control and Water Conservation District does ordain as follows: SERMON I. MAINAM PLAN. The drainage plan and map entitled "Drainage Area 33B, Boundary Map and Drainage Plan", dated Jamkiry, 1989, on file with the Clerk of the Board of Supervisors, is adapted as the drainage plan for the Contra Costa County Flood Control and Water Conservation District Drainage Area 33B pursuant to Secticns 12.2 arra 12.3 of the Contra costa County Flood Control and Water conservation District Act (Chapter 63 of West's Appendix to the Water Code) . SEC17ION 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 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; 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. SECTIC IN III. EM=C NS. The fee shall not be required for the following: 1) Tb replace a structure destroyed or damaged by fire, flood, winds or other act of God, provided the resultant structure has the same, or less impervious surface as the original structure; 2) Tb modify structures or other impervious surfaces, provided the amount of ground coverage is not increased by more than 100 square feet; 3) Tb 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 DEFERMEtU. 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. SBCI'ICN V. H=ING PENS. Ewept as permitted under Section III and IV, the contra Costa Canty 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 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 $600 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 $0.70 per square foot, but not to exceed the amount required Miler Section VII. CIRDINANCE NO. 89- 57 Page 1 of 3 SBCMC N VI. SUBDIVLSIcKs. Except as permitted tinder Sec.-tions III and IV, the subdivider shall pay the drainage fee on the entire proposed subdivision or on each individual unit for tdn.i.ch a final or parcel map is filed prior to recordation of said map. Town house, oondomim mn,ani cluster housing type subdivisions cm-eating 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 mount shall be as set forth in Section VII. SECTION VII. FEE SC3 ED= Building Permit Subdivision D ial/Industrial/Downtown Office $28,785/acre $ 30,920/acre Office (Medium) : 24,670/acre 27,565/acre Office (Licht) : 20,645/acre 23,270/acre Multifamily Residential (Including Mobile Hoe Parks) Less than 2,500 sq. ft. of land per unit 22,680/acre 22,680/acre 2,500 to 2,999 to to 1,345/unit 1,345/unit 3,000 to 3,999 " to 1,540 1,540 " 4,000 to 4,999 " " 1,790 " 1,790 " 5,000 to 5,999 " " 2,050 " 2,050 " 6,000 to 6,999 " " 2,305 " 2,305 " 7,000 to 7,999 " " 2,550 " 2,550 " 8,000 + " " 2,675 " 2,675 " Single Family Residential: 4,000 to 4,999 sq. ft. of land per unit $ 1,885/unit $ 3,015/unit 5,000 to 5,999 " " 1,965 " 3,145 " 6,000 to 6,999 " " 2,050 " 3,270 " 7,000 to 7,999 " " 2,135 " 3,395 " 8,000 to 9,999 " " 2,260 " 3,575 " 10,000 to 13,999 " " 2,515 " 3,940 " 14,000 to 19,999 " " 2,935 " 4,535 " 20,000 to 29,999 " " 3,625 " 5,440 " 30,000 to 39,999 " " 4,500 " 6,495 " 40,000 + " " 5,395 " 7,485 " Agricultural: Under 10% of lot impervious Exengit More than 10$ of lot impervious 27,440/acre of 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. Ove 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 parael map as a lot. The fee amounts -u der "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 nunber of dwelling units proposed to be an the lot. SECTICK VIII. FEE PAYMENT. The official having jurisdiction may accept cash or cbeck, or, when authorized by the District's Chief Engineer, other consideration such as actual constriction of a part of the planned drainage facilities by the applicant or his principal. All fees collected hereunder shall be paid into the County Treasury to the account of the drainage facilities fund established for the drainage area. Monies in said fund 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 bonded i tedness of the drainage area. SECTICK IX: ' CREDIT. Drainage fees previously paid shall be credited as follows: Od2DINANC E NO. 89- 5 7 Page 2 of 3 r a) `dere drainage fees have been partially paid under a former Ordinance, fees shall not be required for any part of the total area for which the fee was paid. b) Where drainage fees have been paid other than pursuant to an adopted drainage fee ordinance, credit shall be given for the dollar amount of the fee.paid for the development site. c) Where drainage fees have been paid pursuant to this ordinance or other ordinance based on impervious surface, the credit shall be based on the ordinance in effect at the time of the additional payment. SECITON X. EFFECTIVE DATE. This ordinance becomes effective 60 days after passage, and within 15 days of passage shall be published once with the names of supervisors voting for and against it in the "Contra Costa Times", a newspaper published in this area. PASSED AND ADOPTED ON Sept. 12 . 1989 , by the following vote: AYES: Supervisors Powers , Fanden, Schroder, McPeak $ Torlakson NOES: None ABSFNr: None Chair of the Board ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors arra County Administrator curator By LL&A,& i Depxty UK:SC:dmw DA33BOrd (2/13/89) ORDINANCE NO. 89 - 5 7 Page 3 of 3