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Home My WebLink AboutORDINANCES - 11271984 - 84-59 (2) 7.7 4 ORDINANCE NO. 84- 59 AN ORDINANCE REPEALING ORDINANCE NO. 79-10 AND 80-12 OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND SUBSTITUTING A DRAINAGE FEE ORDINANCE BASED ON IMPERVIOUS SURFACE AREA WITHIN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 29C The Board of Supervisors of Contra Costa County as the governing board of the Contra Costa County Flood Control and Water Conservation District does ordain as follows: SECTION 1. Ordinance No. 79-10 and 80-12 of the Contra Costa County Flood Control and Water Conservation District are hereby repealed. SECTION 2. The Board enacts the following as the drainage fee ordinance for Drainage Area 29C: SECTION I . DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 29C, Boundary Map and Amended Drainage Plan", dated August, 1984, on file with the Clerk of the Board of Supervisors, is adopted as the drainage plan for 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 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 past 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 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 fol- lowing: 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 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. 00 292 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 devel- opment. 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 Sections 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 construc- tion the fee shall be as set forth in Section VII. For single family resi- dential swimming pools on lots for which the drainage fee has not been paid, the fee shall be $232 per pool . For other construction, modifications or replacements to an existing facility that causes 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 27 cents 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. Building Permit Subdivision Commercial/Industrial/Downtown Office 11,100/acre 11,920/acre Office Medium 9,500/acre 10,630/acre Office (Light 7,960/acre 8,970/acre Multifamily Residential (Including Mobile Home Parks) : Less than 2,500 sq. ft. of land per unit 8,740/acre 8,740/acre 2,500 to 2,999 If 11 520/unit 520/unit 31000 to 3,999 590 590 it 4,000 to 4,999 " " 690 " 690 " 5,000 to 5,999 " " 790 " 790 If 6,000 to 6,999 " " 890 " 890 " 7,000 to 7,999 " if 980 it 980 It 89000 + 1,030 1,030 " Single Family Residential : 4,000 to 4,999 sq. ft. of land per unit 720/unit 1,160/unit 5,000 to 59999 It If 760 If 10210 " 6,000 to 69999 It " 790 " 1,260 If 79000 to 7,999 It If 820 " 1,310 " 8,000 to 9,999 It if 870 If 1,380 " 10,000 to 13,999 11 " 970 19520 " 14,000 to 19,999 It " 1,130 1,750 " 209000 to 29,999 it it 1,400 " 2,100 " 30,000 to 39,999 it " 1,730 " 2,500 " 40,000 + it If 2,080 If 2,880 " 00 293 Agricultural : Under 0 of lot impervious Exempt More than 10% of lot impervious $10,585/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 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 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 reimburse- ment 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: 1) Where drainage fees have been partially paid under former Ordinance No. 79-10 and 80-12, fees shall not be required for any part of the total area for which the fee was paid; 2) 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; 3) 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. 00 294 SECTION 3. EFFECTIVE DATE. This ordinance becomes effective 30 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 Antioch Daily Ledger, a newspaper published in this county. PASSED ON November 27 , 1984 by the following vote : AYES: Supervisors Powers , Fanden, Schroder , McPeak & Torlakson NOES: None ABSENT: None `/oW -T" Chairman of the Boar ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By Deputy" Ter 00 295