HomeMy WebLinkAboutORDINANCES - 08152006 - 2001-20 _ a
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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Conservation District is hereby repealed.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,
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 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
Ordinance No. 2001-20 Page 1 of 5
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,
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
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.
Ordinance No. 2001-20 Page 2 of 5
i
SECTION VII. FEE SCHEDULE
Measure Building Permit Subdivision
Commercial/Industrial/Downtown office Acre 32,896.00 35,336.00
Office Medium Acre 28,192.00 31,504.00
Office Li ht Acre 23,592.00 26,592.00
Multifamily residential Includin9 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
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 1 8,553.00
Agricultural:
Under 10% of lot impervious Exempt
More than 10% of lot impervious 1 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. 2001-20 Page 3 of 5
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 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
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
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.
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.2001-20 Page 4 of 5
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 December II , 2001 ) BY THE FOLLOWING:
AYES: SUPERVISORS GIOIA, GERBER, DESAULNIER, GLOVER and UILKEMA
NOES: NONE
ABSENT:
NONE
ATTEST: John Sweeten
Clerk of the Board of Supervisors
and County Administrator
Deputy
G:1GrpData\FIdCtPAdministration\DA 52D Package.doc
Ordinance No.2001-20 Page 5 of 5
DRAINAGE AREA DA52D FEE
Increase effective January 1, 2003
ORDINANCE 2001 - 20 FUND 2584
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
Ofice ( Light) Acre 24,220 27,299
MULTIFAMILY RESIDENTIAL(INCLUDING MOBILE HOME PARKS):
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
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:
Under 10% of lot impervious Acre EXEMPT
More than 10% of lot impervious Acre 24,220
DA52D MASTER DA 52D NEW RATES 11/19/2002 4:05 PM