HomeMy WebLinkAboutORDINANCES - 06051985 - 85-41 I
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ORDINANCE NO. 85-41 Ij
AN ORDINANCE REPEALING ORDINANCE NO. 71-88
THE
CONTRA COSTA COUNTYFSTORM DRAINAGE DISTRICT i
AND ADOPTING A DRAINAGE FEE ORDINANCE
BASED ON A UNIFORM FEE PER ACRE
WITHIN THE CONTRA COSTA COUNTY
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ROOD CONTROL AND MATER CONSERVATION
DISTRICT j
DRAINAGE AREA 37A
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The Board of Supervisors of Contra Costa County as the governing _ - SECTION VII. All fees collected hereunder shall At paid Into the
board of the Contra Costa County Flood Control and Water Conservation District County Treasury to.the account of the drainage fACilities fund established
and the Contra Costa County Storm Drainage District doesordain as follows: for Drainage Area 37A. Monies In said fund shall be expended solely for j
land acquisition, construction,engineering, repair maintenance and operation
SECTION 1. Ordinance No. 71-88 of the Contra Costa County Storm or reimbursement for the same, in whole or in part, of drainage facilities
Drainage District is hereby repealed. within said Drainage Area 37A, or to reduce the principal or interest of
any bonded Indebtedness of Drainage Area 37A.
SECTION 2. 'The Board hereby enacts the following at the drainage
fee ordinance for Drainage Area 37A: vv,. SECTION VIII. The fee imposed hereunder shall be 5925 per acre.
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SECTION 1. The drainage plan and map entitled -Drainage Area 37A, z} +K "S:r'�F" SECTION IX. For Individual lots the fee shall be determined by
Boundary Map and Drainage Plan", dated January, 1985, on file with the Clert , - multiplying the fee per acre by the area of the lot Calculated to the
Of the Board of Supervisors, Is adopted as the drainage plan for Drainage_ nearest hundredth of an acre.
Area 37A 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 For the purpose of this section of the ordinance 'lot" shall-mean
to the Water Code). either of the following:
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SECTION 11. It is found and determined that past and future subdivisions (1) That land shown on the latest equalized County assessment roll as
and development of property within Drainage Area 37A require the construction a unit when said unit contains two (2) acres or less, plus its
Of the facilities described in said drainage plan and that the fees herein share of common area. when applicable.
provided to be charged are fairly Apportioned within said drainage area an
the basis of benefits conferred on property within said drainage area. (2) When the unit of land, as shown on the latest equalized County
AS"ssment roll. Contains more than two (2) acres, the "lot" shall
SECTION 111. The fees herein provided are apportioned uniformly on a" include the construction area, containing a minimum of two (2)
per acre basis, and the total of all fees collectible hereunder does not - acres, plus its share of common area, when applicable.
exceed the total estimated costs of all drainage facilities shown on the ..
drainage plan. The 'lot" shall exclude the area falling within the public Street
right-of-way.
SECTION 1V. The drainage facilities planned are hereby found to be in
addition to existing drainage facilities serving Drainage Area 37A at the (3) For subdivisions the fee shall be determined by multiplying the fee j
time of the adoption of said drainage plan for Drainage Area 37A. - per acre by the gross area of the subdivision excluding the area
falling within the public street right-of-way prior to the land
SECTION V. The Contra Costa County or the City official having being subdivided. Where a subdivision creates individual ,
Jurisdiction shall not issue a building permit for construction resulting in residential lots larger roan two (2) acres, the arra of these lots
500-square foot or more increase in ground coverage within Drainage Area usedin determining the gross area snail be limited to two (2)
`-, until this fee has been paid. The official having jurisdiction may acres per lot.
Leet Cash, or other consideration (in the form of actual Construction of a
Part of drainage facilities by the applicant or his principal) in lieu of I
the fee when authorized to do so by the Chief Engineer of the District. SECTION X. No lot Shall be subject to payment of the fee, under the
This fee sndli not be repaired if the requested Dermic is the performance of terms of this ordinance,more than once,excepting those lots greater than two
one of the following: (2) acres where partial fees were paid in accordance with the requirements
Of Section 1%. In the case of a partial fee payment the remainder of the
lot, excluding the two (2) acres, will be subject to payment of acreage fees
(1) To replace a Structure destroyed or damaged by fire, flood, wind, whenever it is Subdivided or additional building permits are obtaintp.
or acts of God. This exception is only to the extent that the
resultant structure has the same or less ground floor square
footage as the original structure; if the ground floor square SECTION X1. EFFECTIVE DATE. This ordinance becomes effective 30 days
footage Is increased, the square footage of the additional ground after passage, and within 15 days of passage shall be published once with
floor area shall be used to determine if a fee Is due. the names of Supervisors voting for and against it in the 'Contra Costa
(2) To construct a swimming pool, patio, patio cover, or driveway. Times".
(3) To construct facilities (Including dwellings) on lots greeter than
twenty acres in area, provided that less than ten percent of the
lot Area is covered by impervious surfaces. PASSED AND ADOPTED on June 4 , 1985 by the following vote. .
(4) To construct, enlarge or modify Concrete or asphalt concrtte AYES: Supervisors Powers, Schroder, Mc Peak, Torlakson B Fanden
surfaces incidental to land uses other than single family -
residential. This exemption Is only to the extent that the NOES: None.
Increase In impervious area is less than 1.500 square feet.
ABSENT: None
SECTION VI. In the cast of a new subdivision, the subdivider shall pay
the fees prior to the recordation of the final or parcel map. The fees may
be paid on the entire proposed. subdivision or on each Individual phase for ��=`-'-- ^J
which a final or Parcel map is (fled. The fees in the Case of a subdiriSlon Crtn rmanf or Lne iloaro
shall bp paid to either the County or City official having jurisdiction
along with the other fees submitted with the subdivision improvement plans.
The official having jurisdiction may Accept Cash, or other Consideration (in
the form of actual construction of a part of said drainage facilities by the ATTEST: PHIL BATCHELOR,
applicant or his principal) in lieu of the payment of fees when authorizee Clerk of the Board of
to do to by the Chitf Engineer of the District. This fee shall not be Supervisors and County Administrator .
required: AA Q9U�AA
(1) If the subdivision is for the conveyance of land to a government By sDa�+n.a Al,.+twLv
agency. public entity, public utility. or abutting property owner p�uty
where a new building lot or site is not created as a result of the
conveyance.
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(2) if the minimum lot size created as result of the subdivision is UK:da37Aexh8.i4
twenty Acres or more.
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OROiNANCE N0. 85•41