Loading...
HomeMy WebLinkAboutORDINANCES - 07171984 - 84-33 (3) ORDINANCE NO. 84-38 AN ORDINANCE REPEALING ORDINANCE NO. 83-33 OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND SUBSTITUTING A DRAINAGE FEE ORDINANCE •' BASED ON A UNIFORM FEE PER ACRE WITHIN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 52C 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 Ordinance No. 83-33 of the Contra Costa County Flood Control and Water Conservation District is hereby repealed. SECTION 2. The Board hereby enacts the following as the drainage fee ordinance for Drainage Area 52C: SECTION I . The drainage plan and map entitled "Drainage Area 52C, Amended Boundary Map and Drainage Plan" , dated May, 1984, on file with the Clerk of the Board of Supervisors, is adopted as the drainage plan for Drainage Area 52C 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. It is found and determined that past and future subdivisions and development of property within Drainage Area 52C require the construction of the facilities described in said drainage plan and that the fees herein provided to be charged are fairly apportioned within said drainage area on the basis of benefits conferred on property within said drainage area. SECTION III . The fees herein provided are apportioned uniformly on a per acre basis, and the total of all fees collectible hereunder does not exceed the total estimated costs of all drainage facilities shown on the drainage plan. 000201,, _I SECTION IV. The drainage facilities planned are hereby found to be in addition to existing drainage facilities serving Drainage Area 52C at, the time of the adoption of said drainage plan for Drainage Area 52C SECTION V. The Contra Costa County or the City official having jurisdiction shall not issue a building permit for construction resulting in a 500-square foot or more increase in ground coverage within Drainage Area 52C until this fee has been paid. The official having jurisdiction may accept 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 the fee when authorized to do so by the Chief Engineer of the District. This fee shall not be required if the requested permit is for the performance of one of the following: (1) To replace a structure destroyed or damaged by fire, flood, wind, 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 footage is increased, the square footage of the additional ground floor area shall be used to determine if a fee is due. (2) To construct a swimming pool, patio, patio cover, or driveway. (3) To construct facilities (including dwellings) on lots greater than twenty acres in area, provided that less than ten percent of the lot area is covered by impervious surfaces. (4) To construct, enlarge or modify concrete or asphalt concrete sur- faces incidental to land uses other than single family residential . This exemption is only to the extent that the increase in impervious area is less than 1,500 square feet. SECTION VI . In the case 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 which a final or parcel map is filed. The fees in the case of a subdivision shall be paid to either the County or City official having Jurisdiction along with the other fees submitted with the subdivision im- provement 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 applicant or his principal) in lieu of the payment of fees when authorized to do so by the Chief Engineer of the District. This fee shall not be required: (1) If the subdivision is for the conveyance of 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. (2) If the minimum lot size created as a result of the subdivision is twenty acres or more. 000205 SECTION VII. All fees collected hereunder shall be paid into the County Treasury to the account of the drainage facilities fund established Jr for Drainage Area 52C. Monies in said fund shall be expended solely for land acquisition, construction, engineering, repair maintenance. and operation or reimbursement for the same, in whole or in part, of drainage facilities within said Drainage Area 52C, or to reduce the principal or interest of any bonded indebtedness of Drainage Area 52C. SECTION VIII. The fee imposed hereunder shall be $9,820 per acre. SECTION IX. For individual lots the fee shall be determined by multiplying the fee per acre by the area of the lot calculated to the nearest hundredth of an acre. For the purpose of this section of the ordinance "lot" shall mean either of the following: (1) That land shown on the latest equalized Count assessment roll as a unit when said unit contains one-half (1/2) acre or less, plus its share of common area, when applicable. (2) When the unit of land, as shown on the latest equalized County assessment roll , contains more than one-half (1/2) acre, the "lot" shall include the construction area, containing a minimum of one-half (1/2) acre, plus its share of common area, when appli- cable. The "lot" shall exclude the area falling within the public street right-of-way. (3) For subdivisions the fee shall be determined by multiplying the fee per acre by the gross area of the subdivision excluding the area falling within the public street right-of-way prior to the land being subdivided. Where a subdivision creates individual residential lots larger than one-half (h) acre, the area of these lots used in determining the gross area shall be limited to one-half (;I) acre per lot. SECTION X. No lot shall be subject to payment of the fee, under the terms of this ordinance, more than once, excepting those lots greater than one-half (1/2) acre where partial fees were paid in accordance with the requirements of SECTION IX. In the case of a partial fee payment the remainder of the lot, excluding the one-half (1/2) acre, will be subject to payment of acreage fees whenever it is subdivided or additional building permits are obtained. 00020 ,, SECTION 3. EFFECTIVE DATE. This ordinance becomes effective IT 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 "Brentwood News", a newspaper published in this county. PASSED AND ADOPTED ON JULY 17, 1984 , by the following vote : f AYES: Supervisors - Powers , Fanden, Schroder, Torlakson NOES: Supervisors - None ABSENT: 'Supervisors - McPeak s/ Tom Torlakson Chairman of the Board ATTEST: J.R. Olsson, County Clerk and ex officio the Clerk of the Board By Deputy Reeni DuBois fc:fc.da52cdrainfeeord.