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Home My WebLink AboutORDINANCES - 01051982 - 82-9 ORDINANCE NO. 82-9 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 40A 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 I . DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 40A, Boundary Map- and Drainage Plan " , dated August 1980 , on file with the Clerk of the Board of Supervisors, is adopted as the drainage plan for Drainage Area 40A pursuant to Sections 63-12 . 2 and 63 . 12 . 3 of the Contra Costa County Flood Control and Water Conservation District Act. SECTION II . FINDINGS . It is found and determined 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 I property within the drainage area with its resultant increase in impervious j surfaces will require construction of the facilities described in the j drainage plan, that the fees herein provided to be charged are uniformily I applied on a square foot of impervious surface basis and fairly apportioned within said drainage area on the basis of benefits conferred on property wishing to construct additional impervious surfaces in said drainage i lea, that the estimated total of all fees collectible hereunder does nut exceed the estimated total costs of all drainage facilities shown on the drainage plan , and that the drainage facilities planned are hereby found to be 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 following : 1 ) To replace a structure destroyed or damaged by fire , flood , winds or 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 ; or 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. j i 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 I and IV, the Contra Costa County or the city official having jurisdiction shall not issue any building permit for construction within the drainage I. 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 residential swimming pools on lots for which the drainage fee has not t n paid , the fee shall be $ 180 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 amou.nt of net increase in impervious surface shall be subject to a fee of 21 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 . Townhouse, 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 8, 640/acre 9, 280/acre Office Medium : 7, 400 it8, 270 " Office (Light : 6, 190 6 , 980 " Multifamily Residential ( Including Mobile Home Parks ) : I -ss than 2 , 500 sq . ft . of land per unit 7 , 000/acre 7 , 000/acre i00 to 21999 410/unit 410/unit 3 , 000 to 3 ,999 470 470 " 4 , 000 to 4 ,999 540 540 " 5 , 000 to 5 , 999 620 620 " 6, 000 to 6 ,999 It '710 710 " 7. 000 to 7, 999 790 It790 " 8, 000 + " " 840 it 840 it Single Family Residential : 4 , 000 to 4 ,999 sq . ft. of land per unit 560/unit 910/unit 5 , 000 to 5,999 " " 590 of 940 Is 6, 000 to 6, 999 it It 620 It 980 It 7 , 000 to 7,999 it It640 1 ,020 " 8, 000 to 9, 999 it 41 680 1 , 070 " . 10, 000 to 13 ,999 It 750 1 , 180 " 141000 to 19,999 it99880 1 , 360 " 20 , 000 to 29, 999 91 It1, 090 1 , 630 " 30 , 000 to 39, 999 it It1 , 350 " 1 ,950 to 40, 000 + 91 to1 , 620 2 , 240 " Agricultural : Under 10% of lot impervious Exempt More than 10% of lot impervious 8, 230/acre of developed portion On single family lots barns and sheds in excess, of 400 square feet and tennis courts shall not be considered as incidental residential facilities included in the above fee schedule . The drainage fee for e portion of these type facilities in excess of 400 square feet shall be calculated using the .square foot fee in Section V , and it shall I be in addition to the above fee amounts . For the purpose of this ordinance, except as noted in Section VI , t size shall be : ( 1 ) for existing lots , that land shown on the latest equalized county 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 i 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 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 j 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, i 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 . LIMITATIONS. No lot shall be subject to payment of the fee , under the terms of this ordinance , more than once , except in the case of re-subdivisions and partial payments under Sections and V . On the -exceptions , credit for previous payments shall be ._ ::sed on the fee schedule in effect at the time of the additional payment. i SECTION X . EFFECTIVE DATE. This ordinance becomes effective 30 i days after passage, and within 15 days of passag"e shall be published once with the names of supervisors voting for and against it in the Martinez News Gazette , a newspaper published in this county. PASSED AND ADOPTED ON January S , 1482 by the following vote: AYES: Supervisors Fanden, Schroder, McPeak, Torlakson, Powers NOES: None ABSENT: None ATTEST: J . R. Olsson, County Clerk and ex officio Clerk of e Board By puty man of the ar • I i I i I i I i i