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Home My WebLink AboutORDINANCES - 05131986 - 86-36 ORDINANCE NO. 86-36 AN ORDINANCE REPEALING ORDINANCE NO. 84-22 OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND ENACTING A NEW DRAINAGE FEE ORDINANCE FOR THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 13 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 Ordinance No. 84-22 of the Contra Costa County Flood Control and Water Conservation District is hereby repealed•. SECTION 2. The Board enacts the following as the drainage fee ordinance for Drainage Area 13: SECTION I. DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 13 , Boundary Map and Amended Drainage Plan", dated February 1986, on file with the Clerk of the Board of Supervisors, is adopted as the drainage plan for Drainage Area 13 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. This Board finds and determines that a drainage fee ordinance, based on impervious surface created, more equitably apportions fees to types of development than one based on a uniform fee per acre; 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 apportioned within said drainage area on the basis of benefits conferred on property upon which additional impervious surfaces in said drainage area are constructed; 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 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 other 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 by more than 100 square feet; 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; or 4) Any lot or property for which drainage fees have been fully paid under former Ordinance No. 84-22. 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 Sections II and III , 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 VI. For single family resi- dential swimming pools on lots for which the drainage fee has not been paid, the fee shall be $145 per pool . For other construction, modifications or replacements to an existing facility that cause 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 $0.17 per square foot, but not to exceed the amount required under Section VI. 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 VI. SECTION VII. FEE SCHEDULE. Building Permit Subdivision Commercial/Industrial/Downtown Office: 6,990/acre ,510/acre Office (Medium) : 5,990/acre 6,695/acre Office (Light) : 5,015/acre 5,650/acre Multifamily Residential (Including Mobile Home Parks : Less than 2,500 sq. ft. of land per unit $5,510/acre $5,510/acre 29500 to 29999 325/unit 325Mit 39000 to 39999 375 " 375 " 49000 to 4099 435 435 " 59000 t0 5,999 " 500 500 " 6,000 to 69999 560 560 " 79000 to 79999 620 620 " 89000 + 650 650 " Single Family Residential : 4,000 to 4,999 sq. ft. of land per unit $ 455/unit $730/unit 5,000 to 5,999 480 765 " 6,000 to 6 ,999 11 It $ 500 $ 795 " 7,000 to 7,999 go " 520 " 825 " 89000 to 90999 550 870 " 10,000 to 139999 610 955 " 14,000 to 19,999 710 " 19100 " 20,000 to 299999 880 19320 " 30,000 to 391999 0119095 19575 " 409000 + 11 It 19310 " 19815 " Agricultural : Under 10% of lot impervious Exempt More than 10% of lot impervious $6,665/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 number of dwelling units proposed 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 previously paid shall be credited as follows: a) Where drainage fees have been partially paid under a former Ordinance, fees shall not be required for any part of the total area for which the fee .was paid. b) Where drainage fees have been paid other than pursuant to an adopted drainage fee ordinance, credit shall be given for the dollar amount of the fee paid for the development site. c) Where drainage fees have been paid pursuant to this ordinance, or other ordinance based on impervious surface, the credit shall be based on the ordinance in effect at the time of the additional payment. SECTION X. EFFECTIVE 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 "Contra Costa Times", a newspaper published in this county. PASSED ON May 13, 1986 by the following vote: AYES: Supervisors - Fanden, Torlakson and Powers NOES: None ABSENT: Supervisors - Schroder and McPeak airman of the Board ATTEST: Phil Batchelor Clerk of the Board and County Administrator By ` Deputy Jeanne Sidari UK:sj AttADA13.t3