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Home My WebLink AboutORDINANCES - 11281989 - 89-84 1 cRDnmxE No. 89-84 ORDINANCE MMAMM CRDINANCE NO. 86-42 OF TIS CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND A NEW EPAINAGE FEE ORDINANCE WI'I4iIIJ CONTRA COSTA COUNTY FLOOD CONTROL AND WATF3t CONSERVATION VATION DISTRICT DRAINAGE AREA 48B The Board of Supervisors of Contra Costa County, as the governing body of the Contra Costa County Flood Control and Water Conservation District, ordains follows: SF7CMON 1. Ordinance No. 86-42 of the Contra Costa County Flood Control and Water Conservation District is hereby repealed. SECTION 2. TheBoard hereby enacts the following as the drainage fee ordinance for Drainage Area 48B: SECTION I. MAINAGE PLAN. The drainage plan and map entitled "Drainage Area 48B, Boundary Map and Amended Drainage Plan", dated September- 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 48B pursuant to Sections 12.2 and 12.3 of the Contra Costa County Flood Control and Water Conservation Di trict Act (Chapter 63 of West's Appendixto 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 app6rtioned within said drainage area on the basis of benefits conferred on propert upon which additional impervious surfaces in said drainage area are constructed; that the estimated total of all fees collectible hereunder does not exceed the uaated total costs of all drainage facilities shun 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 thedm' ge plan. SECTION III. ONS. The fee shall not be required for the following: 1) To replace a structure d�stroyed or damaged by fire, flood, winds or other act of God, provided the results t structure has the same, or less impervious surface as the original structure; 2 Tb modify structures or other impervious surfaces, provided the amount of ground coverage is not increased by more than 100 square feet; 3) Tb convey land to a goverlmient 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 DEIM%Nr. 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 Contra Costa County Flood control and Water Conservation District for said area of deferred fee until such time as the fee is paid. C3RDINANCE NO. 89'&L_ Page 1 of 3 SECTION V. Bunbi G Poe=. 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 swinming pools on lots for which the drainage fee has not been paid, the fee shall be $230 per pool. For other con- struction, modifications or replacements to an existing facility that cause an increase in inpervious 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 $0.27 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 siIze 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 SCFE= wilding Permit Subdivision Commercial/Industrial/Downtown Office $11,100/acre $11,925/acre Office (Medium) : 9,515/acre 10,630/acre Office (Light) : 7,960/acre 8,975/acre Multifamily Residential (Including Mobile Nome Parks): Iess than 2,500 sq. ft. of land per unit 8,750/acre 8,750/acre 2,500 to 2,999 of " 520/unit 520/unit 3,000 to 3,999 of if 595 " 595 " 4,000 to 4,999 it " 690 " 690 " 5,000 to 5,999 it " 790 " 790 " 6,000 to 6,999 if " 890 " 890 " 7,000 to 7,999 if " 980 " 980 " 88000 + of " 1,030 " 1,030 " Single Family Residential; 4,000 to 4,999 sq. ft. of land per unit $ 725/unit $ 1,160/unit 5,000 to 5,999 of of 760 " 1,210 Of 6,000 to 6,999 of it 790 " 1,260 It 7,000 to 7,999 of is 825 " 1,310 " 8,000 to 9,999 of to 870 " 1,380 Of 10,000 to 13,999 it is 970 " 1,520 " 14,000 to 19,999 of to 1,130 " 1,750 " 20,000 to 29,999 If If 1,400 " 2,100 It 30,000 to 39,999 if to 1,740 " 2,505 " 40,000 + of it 2,080 " 2,885 " Agricultural: Under 10% 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 ncmter of dwelling units proposed to be on the lot. Page 2 of-3 SECTION VIII. FEE PAYMENT. The official having jurisdiction may accept cash or deck, 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 Comfy 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, adninistration, repair, maintenance and operation or reimbursement for Ithe 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: CRED� FOR PREVIOUS PAYHW OF FEES. Drainage fees previously paid shall be credited follows: a) Where drainage fees have been paid vender 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 7 face area. C) Where drainage fees have been paid other than pursuant to an adapted 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: CREDIT FOR PROPERTIES SOUTH OF HIGHWAY 4. For developments in the area south of State Highway 4, as compensation for the cost of the drainage systems to be built, but not included in the costs. of the plan, a credit of 35 percent will be applied to the drainage fees shown in Section VII of this Ordinance. SECTION XI. EFFECrIVE 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 Pittsburg Post Dispatch, a newspaper published in this county. PASSED AND Am ON NOV 2 8 1989 , by the following vote: AYES: Supervisors Powers, Fanden, Schroder, McPeak & Torlakson NOES: None ABSEUr: None Chair of the Board ATTEST: PHIL MICHELOR, Clerk of the FbatTd of Supervisors and County Administrator By 19a4-,&x o. 'LLI Deputy SYVNC W:dmw:drg DA48b.Ord2b Page 3 of 3