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Home My WebLink AboutORDINANCES - 03081988 - 88-24 ORDINANCE NO. 88- 24 AN ORDINANCE RET'E'AI.; C ORDINANCE NO. 80-41 OF 'TETE I CONTRA COSTA COUNTY I SERVICE AREA D-3 AND ADOPTING A DRAINAGE FEE ORDINANCE BASED ON IMPERVIOUS SURFACE AREA WIININ TE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CON.SERVATIC K DISTRICT DRAINAGE AREA 55 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. ERAINAGE PLAN. The drainage plan and map entitled "Drainage Area 55, Boundary Map and Drainage Plan", dated January, 1988, on file with the Clerk of the Board of Supervisors, is adopted as the drainage plan for the Camra Costa County Flood Control and Water Conservation District Drainage Area 55 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 Hoard finds and determines 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 existing and future developments; 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 already serving the drainage area at the time of the adoption of the drainage plan. SECTION III. EXE7MMONS. 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 std; 2) To modify structures or other impervious surfaces, provided the amount of ground coverage is not increased by more than 100 square feet; 3) Tb convey land to a government agency, public ORDINANCE NO.B 8- 2 4 Page 1of4 a! 1 entity, public utility,P� or abutting PrcPer'tY owner where a new building lot or site is not created as a result of the omweyance; or 4) Any lot or property for which drainage fees have been fully paid previously. SECT ON IV. FEE DE' ENP. On lots greater than two ages 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 Hoard of Supervisors for said area of deferred fee until such time as the fee is paid. SE)MCK V. BUILDING PERIITS. Except as permitted under Section III and IV, the Cmitra 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. Fbr initial construction the fee shall be as set forth in Section VII. Far single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be $300 per pool. Far 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 $0.34 per square foot, but not to exceed the amount required under Section VII. SBMON VI. SUBDIVISICNS. 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 paroel 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 arra the lot size used in determining the "square feet of land per unit" shall be the lot size prior to subdividing. Ewept 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 C otm ercialzIndustrial/Downtown Office $13,985/acre $' 15,020/acre Office ,Medium) : 11,985/acre 113,390/acre Office (Light) : 10,030/acre 11,305/acre MUltifamily Residential (Includ!M Mobile Honore Parks) : Iess than 2,500 sq. ft. of land per unit 11,020/acre , 11,020/acre 2,500 to 2,999 of " 655/unit 655/unit 3,000 to 3,999 to 11750 " 750 014,000 to 4,999 to of 870 " 870 015,000 to 5,999 it of 1,000 " 1,000 of6,000 to 6,999 It of ��0 �� 1�Z20 tr 7,000 to 7,999 it It1,240 " � 1,240 " 8,000 + of of 1,240 " ( 1,300 " Sirwle Family Residential: 4,000 to 4,999 sq. ft. of land per unit $ 915/unit $ 1,465/unit 5,000 to 5,999 " " 955 " 1,530 Of ORDIRMC E NO. 8 8- 2 4 Page 2 of 4 tr. 6,000 to 6,999 1,000 1,590 7,000 to 7,999 1,040 1,650 8,000 to 9,999 1,100 1,740 10,000 to 13,999 1,225 1,915 14,000 to 19,999 1,425 2,205 20,000 to 29,999 1,765 2,620 30,000 to 39,999 n rr2,190 3,155 40,000 + 2,625 3,635 Under 10% of lot impervious Exempt More than 10% of lot impervious $13,300/acre of developed portion On single family lots, barns and sheds -in excss 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 lard 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 lard 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 Cmmty Treasury to the ao=.mt of the drainage facilities fund established for the drainage area. Mmies in said fund shall be expended solely for land acquisition, construction, engineering, administration, repair maintenance and operation or reimbursement 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) Were 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) Wiere 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. CRDDWM NO. 8 8- 2.4 Page 3 of 4 c) mere drainage fees have been paid pursuant to this ordinance or other ordinance based on impervious surface, the credit shall be based an the ordinance in effect at the time of the additional. payment. SBCTICIN X. EFFECTIVE DKW. This ordinance becomes effective 60 days after passage, and within 15 days of passage small be published once with the names of supervisors voting for and against it in the Antioch Daily Ledger, a rmr-vaper published in this o=ty. PASSED AND ADopIED Cv M a r c h 8, 19 8 8 , by the following vote: AYES: Superl•isors Powers , Fanden , McPeak, Torlakson Schroder NOES: None ASSENT: None Robert I . Schroder Chairman of the Hoard ATTEST: PHIL BATCHELM, Clerk of the Board of Supervisors and County Administrator By Barbara Sidari Deputy DE:sj UK:DrA550rd.t4 x/7/88 ORDIlW4M No. 8 8- 2 4 Page 4 of 4