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Home My WebLink AboutORDINANCES - 09101991 - 91-42 ORDINANCE No. 91-42 AN ORDINANCE REPEALING ORDINANCE NO. 89-36 OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND ENACTING A NEW DRAINAGE FEE ORDINANCE FOR THE CONTRA COSTA COUNTY FLOOD CON17101,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 Ordinance No. 89-36 of the Contra Costa County Flood Control and Water Conservation District is hereby repealed. SECTION 2. The Board 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", dated February, 1989, 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 to 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 area on the basis of benefits conferred on property upon which addifional 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. 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 act 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. , ORDINANCE No. 91-42 . 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 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 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 $451 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$0.53 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 BuildingPermit Subdivision CommerciaWndustrial/Downtown Office $21,795/acre S23,410/acre Office (Medium): $18,675/acre $20,870/acre Office (Light): $15,630/acre $17,615/acre Multifamily Residential (Including Mobile Home Parks) Less than 2,500 sq. ft. of land per unit $17,170/acre $17,170/acre 2,500 to 2,999 $1,020/unit $1,020/unit 3,000 to 3,999 $1,165/" 51,165/" 4,000 to 4,999 $1,355/" $1,355/" 5,000 to 5,999 $1,555/" $1,555/" 6,000 to 6,999 $1,745/" $1,745/" 7,000 to.7,999 $1,930/" 51,930/" 8,000 + S2,025/" S2,025/" Sinele Family Residential: 4,000 to 4,999 sq. ft. of land per unit S1,425/unit $2,285/unit 5,000 to 5,999 0 S1,490/" $2,380/" 6,000 to 6,999 ' $1,555/" $2,475/" 7,000 to 7,999 0 $1,615/ $2,570/" 81000 to 91999 $1,710/ S2,710/- 10,000 to 13,999 S1,905/ 52,985/ 14,000 to 19,999 $2,220/ 53,435/" 20,000 to 29,999 $2,745/ $4,120/ 30,000 to 39,999 $3,410/ $4,920/ 40,000 + $4,085/ 55,665/ ORDINANCE NO. 91-42 Page 2 of 4 Agricultural: Under 10% of lot impervious Exempt More than 10% of lot impervious $20,780/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. 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 ResidentiaT' 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 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 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 VIII 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. 91-42 Page 3 of 4 SECTION 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 'Brentwood News," a newspaper published in this area. PASSED AND ADOPTED ON September 10, 1991 by the following vote: AYES: Supervisors Fanden, Schroder, Torlakson and -Powers NOES: None ABSENT: Supervisor McPeak Chair of the Board ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors.and County Administrator By L—LI14- Deputy JF:peo c:WA\DA52D.Ord oRm qmm No. 91-42 Page 4 of 4