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Home My WebLink AboutORDINANCES - 11271984 - 84-61 (2) T. �7 ORDINANCE NO. 84- 61 AN ORDINANCE REPEALING ORDINANCE NO. 79-101 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 29E 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 Ordinance No. 79-101 and 80-12 of the Contra Costa County Flood Control and Water Conservation District are hereby repealed.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 29E: SECTION I. DRAINAGE FEE ORDINANCE. This Board finds and determines that a drainage fee ordinance, based on impervious surface created, more equitably apportion fees to types of development than one based on a uniform fee per acre, 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 II . 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; or 4) Any lot or property for which drainage fees have been fully paid under former Ordinance NO. 79-101 and 80-12. SECTION III. 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 00 304 area of deferred fee until such time as the fee is paid. SECTION IV. BUILDING PERMITS. Except as permitted under Sections II and III, 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 VI. For single family resi- dential swimming pools on lots for which the drainage fee has not been paid, the fee shall be $260 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 30 cents per square foot, but not to exceed the amount required under Section VI. SECTION V. SUBDIVISIONS. Except as permitted under Sections II and III, the subdivider shall pay the drainage fee on the entire proposed sub- division 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 VI. SECTION VI . FEE SCHEDULE. Building Permit Subdivision Commercial/Industrial/Downtown Office 12,340/acre 13,250/acre Office (Medium) : 10,570/acre 11,810/acre Office (Light) : 8,850/acre 9,970/acre Multifamily Residential (Including Mobile_ Home Parks) : Less than 2,500 sq. ft. of land per unit 9,720/acre 9,720/acre 29500 to 29999 580/unit 580/unit 3,000 to 3,999 " 660 Is 660 " 4,000 to 45999 " " 770 " 770 " 59000 to 59999 880 880 " 6,000 to 69999 " " 990 990 " 7,000 to 79999 " " 19090 19090 " 8,000 + 19150 " 1,150 " Single Family Residential : 4,000 to 4,999 sq. ft. of land per unit 810/unit 1,290/unit 5,000 to 5,999 840 " 1,350 " 6,000 to 6,999 880 " 11400 " 7,000 to 7,999 920 19460 " 8,000 to 9,999 970 19530 " 10,000 to 13,999 19080 19690 " 14,000 to 19,999 19260 1,940 " 20,000 to 29,999 1,550 2,330 " 309000 to 399999 19930 29780 " 40,000 + " " 2,310 39210 " 00 305 Agricultural : Under 10% of lot impervious Exempt More than 10% of lot impervious $11,760/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 IV, and it shall be in addition to the above fee amounts. For the purpose of this ordinance, subject to Section V. 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 VII. 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 VIII . CREDIT. Drainage fees previously paid shall be credited as follows: 1) Where drainage fees have been partially paid under former Ordinance No. 79-101 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. 00 306 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 ONNovember 27 , 1984 , by the following vote : AYES: Supervisors Powers , Fanden, Schroder, McPeak & Torlakson NOES: None ABSENT: None Chairman of the Board ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By Deputy erk 00 307