Concord Municipal Code Art. I County Drainage Districts No. 1 and No. 22

(a) A finding is hereby made by the City Council that there are certain areas in the Ygnacio Valley area of the city where drainage problems do exist. Such drainage problems are also a matter of concern to the county and the City of Walnut Creek, who likewise have lands in Ygnacio Valley lying within their respective territorial boundaries. The three governmental entities are, therefore, desirous of formulating a program that will solve or alleviate the said existing drainage problems.

(b) The county has established Contra Costa County Storm Maintenance District No. 1 as such District is delineated on that certain drainage plan entitled “Contra Costa County Storm Drainage District No. 1,” dated March 20, 1968, on file with the Clerk of the County Board of Supervisors and the Clerk of the city. Such District was formed pursuant to the Storm Drain Maintenance District Act (Statutes 1937, c. 265, p. 566, as amended). The drainage area delineated on said drainage plan is hereby found and declared to be a part of the drainage element of the General Plan for the county and was adopted as such pursuant to Government Code § 66483 (formerly Business and Professions Code § 11543.5). Such drainage plan is hereby adopted as such by the city insofar as it affects any and all lands lying within the territorial boundaries of the city.

(c) The county has established Contra Costa County Storm Drainage District Zone No. 22 as such District is delineated on that certain drainage plan entitled “Contra Costa County Storm Drainage District, Zone 22, East Ygnacio Valley,” dated December 22, 1959, on file with the Clerk of the Board of Supervisors and the Clerk of the city. Such District was formed pursuant to the Contra Costa County Storm Drainage District Act. The drainage area delineated on said drainage plan is hereby formed and declared to be a part of the drainage element of the General Plan of the county and was adopted as such pursuant to Government Code § 66483 (formerly Business and Professions Code § 11543.5). Such drainage plan is hereby adopted as such by the city insofar as it affects any and all lands lying within the territorial boundaries of the city.

(Code 1965, § 7800; Code 2002, § 110-141. Ord. No. 779; Ord. No. 1198)

It is further found and determined that the subdividing and development of property within the local drainage areas, identified as Contra Costa County Storm Drain Maintenance District No. 1 and Contra Costa County Storm Drainage District Zone 22, will require construction of the facilities described in said drainage plans and that the fees herein provided to be charged are fairly apportioned within said local drainage areas on the basis of benefits conferred on property proposed for subdivisions and other undeveloped property within the local drainage areas.

(Code 1965, § 7801; Code 2002, § 110-142. Ord. No. 779; Ord. No. 1198)

The drainage facilities planned are hereby found to be in addition to existing local drainage facilities serving the area at the time of the adoption of the drainage plan for the area.

(Code 1965, § 7802; Code 2002, § 110-143. Ord. No. 779)

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 to be constructed in the local drainage area.

(Code 1965, § 7803; Code 2002, § 110-144. Ord. No. 779)

No building permit for construction having a valuation of $2,500.00 or more, within the local drainage areas, shall be issued by the Building Official until the fee herein provided for the drainage district within which the construction will occur has been paid. The Building Official 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. The valuation of construction for the purpose of this section shall be based on the table of valuation, as referred to by Title 15 of this Code, and shall be used to determine the building permit fee.

(Code 1965, § 7804; Code 2002, § 110-145. Ord. No. 779; Ord. No. 1198)

In the case of a new subdivision, the subdivider shall pay the acreage fees prior to recordation of the final map and payment of said fees shall be a condition of approval of said final map. The fees may be paid on the entire proposed subdivision or on each individual unit for which a final map is filed. The fees in the case of a subdivision may be paid to either the Building Official or the Department of Public Works, along with the other fees submitted with the subdivision improvement plans. The Building Official or the Department of Public Works 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.

(Code 1965, § 7805; Code 2002, § 110-146. Ord. No. 779)

All fees collected hereunder shall be forwarded to the County Treasurer to be deposited to the account relating to the district within which the building permit has been issued. These accounts shall be the Planned Local Drainage Facilities Fund, Storm Drain Maintenance District No. 1 and the Planned Local Drainage Facilities Fund, Storm Drainage District Zone 22. All monies placed in these funds shall be expended solely for the construction or reimbursement for construction of local drainage facilities with [within] the respective local drainage area.

(Code 1965, § 7806; Code 2002, § 110-147. Ord. No. 779; Ord. No. 1198)

The fees imposed hereunder shall be $360.00 per acre. Each fee shall be determined by multiplying the fee per acre by the total acreage of the parcel or tract calculated to the nearest one hundredth of an acre. The acreage of individual parcels shall include the area to the middle of all streets on which the parcel has frontage and the owner of said parcel owns the underlying fee to the middle of said streets. The acreage of tracts, including both subdivisions and minor subdivisions, shall include the gross tract area, plus the area to the middle of existing streets peripheral to the tract where the owners of property within said tract also own the underlying fee to the middle of the peripheral streets.

(Code 1965, § 7807; Code 2002, § 110-148. Ord. No. 779)

No parcel of land shall be subject to payment of an acreage drainage fee under the terms of this article more than once. In the case of parcels of five acres or smaller, the fee for the entire parcel shall be paid when a building permit is obtained. In the case of a parcel larger than five acres, the fee due shall be based on the minimum parcel size for the zoning currently encompassing the parcel. The fee shall be applied to that minimum area immediately surrounding the structure for which the building permit is required. The remainder of the parcel will be subject to payment of acreage fees whenever it is subdivided or additional building permits are obtained.

(Code 1965, § 7808; Code 2002, § 110-149. Ord. No. 779)

Notwithstanding anything to the contrary contained in this article, whenever any parcel of land is split or subdivided and one or more of the recorded lots has been already improved with residential, commercial, or industrial structures, then that portion of the drainage fee attributable to such improved lot shall be deducted from the amount due for the whole of the property subdivided; provided, however, that this section shall not apply if the person having an interest in the improved lot is applying for a building permit pursuant to section 13.15.050 herein.

(Code 1965, § 7809; Code 2002, § 110-150. Ord. No. 901)