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Home My WebLink AboutORDINANCES - 06131989 - 89-36 ORDINANCE NO. 89-36 AN CIRDTNANCE OF Tim 0ON! A COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ESTABLISHING jgAINAGE FEES IN THE CONTRA COSTA COUNTY FLOOD OON ML AND WATER CONSERVATICi DISTRICT EPAMOM AREA 52D The Board of Supervisors of Contra Costa County as the governing body of the Contra Costa Comty Flood Coattrol and Water Conservation District does ordain as follows: SECTION I. E RAINAGE PLAN. The drainage plan and map entitled "Drainage Area 52D, Boundary Map and Drainage Plan", dated February 1989 on file with the Clerk of the Board of Supervisors, is adapted as the drainage plan for the Contra Costa county Flood Control and Water Conservation District Drainage Area 52D pursuant to Sections 12.2 and 12.3 of the Contra Costa County Flood Control and Water Cbnservaticn District Act (Chapter 63 of West's Appendix to the Water code) . SECTION II. FINDINGS. This Board finis and determines that said drainage area has inadequate drainage facilities; that future subdivision and develcpnent 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 inpervious 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. E}04PTIONS. 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 previously. SECTION IV. FEE DEPERMERr. 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 an the property owners granting, as collateral, the develapnent 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 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 construction the fee shall be as set forth in Section VII. For single family residentialswi.MIninng pools onlots for which the drainage fee has not been paid, the fee shall be $380 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 iqppvious surface shall be subject to a fee of $0.44 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 ORDINANCE NO. 89-36 Page 1 of 3 on each individual unit for which a final or parcel map is filed prior to recordation of said map. Town house, cmdcminium,aryl cluster housing type subdivisions creating uxUvidual 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. Ewoept as noted above, the fee for all other subdivisions shall be calculated on an individual lot basis. 0-ie fee amount shall be as set forth in Section VII. SEGTICN VII. FEE SCHED= Building Permit Subdivision Camfferaial/Industrial/Downtown Office $18,095/acre $ 19,435/acre Office Qediumm) : 15,505/acre 17,325/acre Office (Light) : 12,975/acre 14,625/acre Multifamily Residential (Including Mobile Home Parks) : Tess than 2,500 sq. ft. of land per unit 14,255/acme 14,255/acre 2,500 to 2,999 of of 845/unlit 845/unlit 31000 to 31999 if of 970 970 " 4,000 to 4,999 is to 1,125 " 11125 " 51000 to 51999 if to 11290 " 1,290 " 6,000 to 6,999 if of 1,450 " 1,450 " 71000 to 71999 of of 1,600 " 1,600 " 8,000 + to of 11680 " 1,680 " Single Family Residential: 4,000 to 4,999 sq. ft. of land per.unit $ 1,185/unlit $ 1,895/unit 5,000 to 51999 Is of 10235 it 1,975 " 61000 to 6,999 if " 1,290 " 21055 " 7,000 to 71999 it it 11340 " 21135 " 8,000 to 9,999 it of 1,420 " 2,250 " 10,000 to 13,999 to of 11580 " 2,475 " 14,000 to 19,999 of of 1,845 " 21850 " 20,000 to 29,999 " of 2,280 It 31420 " 30,000 to 39,999 To to 21830 " 4,085 It 40,000 + to it 3,390 " 4,705' " Agricultural: Under 10% of lot impervious Exempt More than 10% of lot impervious 17,250/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. Zhe 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 lam 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 how 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 PAM21T. 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 lard 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 irdebtedness,of the drainage area. SECTION Ix: CREDIT. Drainage fees previously paid shall be credited as follows: Page 2 of 3 a) {here 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 ether 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. d) Where drainage mitigation works have been oompleted as part of the development of Tracts 5946 and 6819, fees will not be required for any lot within these tracts. SECTION X. EFFECl'IVE DATE. This ordinance berms 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 "Brentwood News", a newspaper published in this area. PASSED AND ADppIED ON June 13 , 19 89 , by the following vote: AYES: Supervisors Powers , Fanden, Schroder, McPeak & Torlakson NOES: None ABSENT: None to 10� - Chair of the Board ATTEST: PHIL BATCMOR, clerk of the Board of Supervisors and Cl=-ity Addnistrator By Deputy SNC:dmw/drg DA52D.Ord ORDINANCE NO. :89-36 Page 3 of 3