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Home My WebLink AboutORDINANCES - 03201984 - 84-12 (2) ORDINANCE NO . 84-12 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 48C 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 48C , Boundary Map and Drainage Plan " , dated January, 1984 , on file with the Clerk of the Board of Supervisors , is adopted as the drainage plan for Drainage Area 48C 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 . 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 property within the drainage area with its resultant increase in impervious surfaces will require construction of the 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 wishing to construct additional impervious surfaces in said drainage area , 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 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 . 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 . Page 1 of 4 000230 SECTION V . BUILDING PERMITS . 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 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 been paid , the fee shall be $250 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 28 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 , 510/acre 12 , 370/acre OfficeMedium 9,870/acre 11 ,030/acre Office Li ht : 8, 260/acre 9, 310/acre _Multifamily Residential ( Including Mobile Home Parks ) : Less than 2 , 500 sq . ft . of land per unit 9, 270/acre 9, 270/acre 25500 to 25999 550/unit 550/unit 3 ,000 to 3 ,999 " " 620 It 620 " 4 ,000 to 4 , 999 720 It 720 it 5 ,000 to 59999 830 830 " 6,000 to 65999 940 940 " 7 .000 to 7 , 999 It " 1 ,060 " 1 ,060 " 8,000 + " to 1 , 110 it 1 , 110 " Single Family Residential : 4 ,000 to 4 ,999 sq . ft . of land per unit 750/unit 1 , 210/unit 5 ,000 to 5 ,999 " " 790 It 11260 " 6 ,000 to 6 , 999 820 " 11310 " 7 ,000 to 7 , 999 850 " 19360 " 8 ,000 to 9 ,999 " 900 it 19430 " 10,000 to 13 ,999 " It 1 ,010 " 1 , 580 " 14 ,000 to 19,999 19170 19810 " 20,000 to 29,999 19450 29180 " 30,000 to 39 ,999 1 ,800 29600 " 409000 + It " 29160 It 2 , 990 " Agricultural : Under % of lot impervious Exempt - More than 10% of lot impervious 10,980/acre of developed portion Page 2 of 4 000231 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 the 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 be in addition to the above fee amounts . For the purpose of this ordinance , except as noted in Section VI , lot 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 Tot . 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 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 paid prior to the effective date of this ordinance shall be credited as follows : 1 ) Drainage fees paid under a previously adopted ordinance having a different measurement of payment than impervious surface shall receive credit for the total area for which the fee was paid ; 2 ) Drainage fees paid under conditions of development as a mitigation measure or as an alternate to "collect and convey" shall receive credit for the dollar amount of fee paid uniformly spread over the development site. SECTION X . 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 , changes in land use and partial payments under Sections IV and V . On the exceptions , credit for previous payments shall be based on the fee schedule in effect at the time of the additional payment . Page 3 of 4 000232 SECTION XI . 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 Pittsburg Post-Dispatch , a newspaper published in this county. PASSED AND ADOPTED ON March 20, 1984 by the following vote : AYES : Supervisors Powers , Fanden , Schroder , and Torlakson NOES : NONE ABSENT : Supervisor McPeak ATTEST: J . R . Olsson , County Clerk and ex' officio Clerk of the Board Deputy c Chairman of the Board Diana M. Herman Page 4 of 4 000233