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Home My WebLink AboutORDINANCES - 08152006 - 2002-24 (3) a EXHIBIT -A 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 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: SECTION 1 Ordinance No. 85-52 of the Contra Costa County Flood Control and Water Conservation District is hereby repealed.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 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 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 Ordinance No. 2002-24 Page 1 of 4 , 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 DEFERMI=NT. 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 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 VI 1. 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 shalt be as set forth in Section VII. SECTION VII. FEE SCHEDULE Unit 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 Res!dential(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 $1,485 $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 F8,000+ unit $2,215 $2,215 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 6,006-6999 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 $22,740/acre developed portion 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, 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 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 inipervious 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 th6 fees payable under Section VI I. SECTION X REVIEW OF FtES. 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 Contra Costa Times,a newspaper published in this area. PASSED AND ADOPTED ON September 10, 2002, by the following vote: AYES: SUPFRVMS UIIKM, GaMM, resalnrrrFra, MMM AND GIOIA NOES: NONE ABSENT:. rom PChairf the Board ATTEST: John Sweeten Clerk of the Board of Supervisors and County Administrator By: �: -------- Deputy G:\GrpData\FldCtKAdministration\Board Orders\2002 BO\DA 56-ORD.doc Ordinance No. 2002-24 Page 4 of 4 4 DRAINAGE AREA DA56 AMENDED FEES Sept 10, 2002 Effective November 11, 2002 ORDINANCE 2002-24 FUND 2566 BUILDING SUBDIVISION DESCRIPTION MEASURE PERMIT RATE RATE Pool Fee Pool 510 510 Square Foot Sq.Ft. 0.58 0.58 OTHER: Commercial/indust ial/Downtown Office Acre 23,850 25,620 Office(Medium) Acre 20,440 22,840 Ofice(Light) Acre 17,105 19,280 MULTIFAMILY RESIDENTIAL(INCLUDING MOBILE HOME PARKS): Less than 2,500 sq.ft.of land per unit Acre 18,790 18,790 2,500 TO 2,999 sq:ft. " Unit 1,115 1,115 3,000 TO 3,999 sq.ft. " Unit 1,275 1,275 4,000 TO 4,999 sq.ft. " Unit 1,485 1,485 5,000 TO 5,999 sq.ft. " Unit 1,700 1,700 6,000 TO 6,999 sq.ft. " Unit 1,910 1,910 7,000 TO 7,999 sq.ft. " Unit 2,110 2,110 8,000+sq.ft. " Unit 2,215 2,215 SINGLE FAMILY RESIDENTIAL: Less than 4,000 TO 4,999 sq. ft.of land per unit Unit -R4 1,560 2,500 5,000 TO 5,999 sq.ft. " Unit -RS 1,630 2,605 6,000 TO 6,999 sq.ft. " Unit -R6 1,700 2,710 7,000 TO 7,999 sq.ft. " Unit -R7 1,770 2,815 8,000 TO 9,999 sq, ft. " Unit -R8 1,875 2,965 10,000 TO 13,999 sq.ft. " Unit -R10 2,080 3,265 14,000 TO 19,999 sq.ft. " Unit -R14 2,430 3,760 20,000 TO 29,999 sq.ft. " Unit -R20 3,005 4,505 30,000 TO 39,999 sq.ft. " Unit -R30 3,730 5,380 40,000 sq. ft.+ Unit -R40 4,470 6,200 AGRICULTURAL: Under 10%of lot impervious Acre EXEMPT More than 10%of lot impervious Acre 22,740 developed portion DA56 MASTER DA 56 NEW RATES EXHIBIT "B" CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE FEE TRANSMITTAL FORM PROPERTY OWNER OWNER'S ADDRESS ASSESSOR'S PARCEL DRAINAGE AREA SUBDIVISION/DEVELOPMENT NO. OR BLDG. PERMIT NO. FEE ORDINANCE NO, FCD FUND NUMBER SUBDIVISIONS OR NEW LOTS AND INITIAL CONSTRUCTION: (Acre or Unit) x (Fee)_ LAND USE TYPE (Acre or Unit) x (Fee)_ LAND USE TYPE (Acre or Unit) x (Fee) _ LAND USE TYPE OTHER CONSTRUCTION,MODIFICATION OR REPLACEMENT OF EXISTING FACILITY: IMPERVIOUS SURFACE: * (Sq.FQ x (Fee)_ (TOTAL AREA) or LAND USETYPE) (Acre or Unit)x (Fee)_ POOLS(Only for lots for which drainage fee has not been paid): CREDIT FOR CONSTRUCTING IMPROVEMENTS OR FEES PREVIOUSLY PAID: _ ( l (EXPLANATION) *New Area or Net Area Increase: TOTAL FEES: 1. No fee if total area under 10D sq.ft, 2. Additional fees required for„barns, sheds, and tennis courts on single family lots.Subtract 400 sq.ft.from total area for each use if fee on entire lot was paid. 3. Calculations of area: Type of Improvement Calculation Area(sq.ft.) Total Area COLLECTING AGENCY (INCLUDE DEPARTMENT..E.G..PUBLIC WORKS] COLLECTOR'S INITIALS RECEIPT NO. DATE ........................................ ---------------------------------------------- -------------------------------- ...--- WHITE: FORWARD TO FLOOD CONTROL DISTRICT WITHIN 10 DAYS CANARY: COLLECTING DEPARTMENT RETAIN FCP 1 (4/88) PINK: FORWARD TO CCC PUBLIC WORKS DEPT.(VIA CITY TREASURER IF COLLECTING AGENCY IS A CITY) Drainie tmnsK GOLDENROD'. CITY TREASURER'S COPY IF COLLECTINGAGENCYIS A CITY EXHIBIT"C" FLOOD CONTROL DISTRICT MAINTAINED DRAINAGE FACILITIES Within the City of Oakley Drainage Area 29C: None Drainage Area 29D: None Drainage Area 29E: None Drainage Area 29G: None Drainage Area 29H: None ' Drainage Area 30A: Marsh Creek Channel *Detention Basin at Laurel Road and Brown Road *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 Neroly Road and O'Hara Avenue (Freedom High Basin) Drainage Area 52D: Marsh Creek Channel Drainage Area 56: None '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 Neroly Road and O'Hara Avenue (Freedom High Basin) G:1F1dCt11DA1AgreemrntslOakley\EXHIBIT C-050306.doc