HomeMy WebLinkAboutRESOLUTIONS - 10271987 - 87-654 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY , CALIFORNIA
Adopted this Resolution on October 27 , 1987 by the following
vote :
AYES : Supervisors Powers , Fanden, Schroder, Torlakson & McPeak
.NOES : None
ABSENT : None
Resolution No . 87/654
ABSTAIN : None ( West ' s Water Code App .
Ch . 63 , Sec . 12 . 2 & 12 . 3)
SUBJECT : Amendment of the Drainage Plan , Repeal of the Existing
Drainage Fee Ordinance , and Adoption of a New Drainage
Fee Ordinance for Drainage Area 30C , Brentwood Area .
Project No . 7558-6D8279
The Board of Supervisors of .Contra Costa County , as the
governing board of the Contra Costa County Flood Control and
Water Conservation District , RESOLVES THAT :
On July 7 , 1987 , this Board adopted a Resolution proposing
to amend the drainage plan , repeal the existing drainage fee
ordinance and adopt a new drainage fee ordinance for the Contra
Costa County Flood Control and Water Conservation District
Drainage Area 30C .
The Board continued hearing from August 18 , 1987 to
September 29 , 1987 , and again , to October 27 , 1987 . The Board on
October 27 , 1987 , pursuant to the Board ' s Resolution of July 7 ,
1987 , held a hearing to consider the amendment of said plan , the
repeal of the existing drainage fee ordinance , and adoption of a
new drainage fee ordinance . All written and oral objections
presented concerning the proposed amendment of the drainage plan ,
repeal of the existing drainage fee ordinance and adoption of a
new drainage fee ordinance were considered .
This Board FINDS that any valid written protests filed do
not represent more than one- half of the assessed valuations of
real property contained in Drainage Area 30C . This Board also
FINDS that no written petition for an election , signed by at
least 25 percent of the registered voters within Drainage Area
30C , has been filed .
It appears from the affidavits of publication on file with
this Board that all notices required to be given for such a
hearing have been duly and regularly given and all procedures to
be followed have been followed , all in accordance with Sections
Il and 12 . 3 of the Contra Costa County Flood Control and Water
Conservation . District Act and in accordance with the provisions
of the Board ' s Resolution of October 27 , 1987 .
This Board hereby CERTIFIES that the Negative Declaration
submitted to it by the Community Development Department as to the
Plan and adoption of a drainage fee ordinance for Drainage Area
30C has been completed in compliance with the California Environ-
mental Quality Act , and it has reviewed and considered the
comments , response-s ; and the information contained therein . This
Board hereby FINDS that good cause exists for the amendment of
the drainage plan and the adoption of a drainage fee ordinance
entitled , " Drainage Area 30C , Boundary Map and Amended Drainage
Plan" , dated April , 1987 , proposed to be instituted for Drainage
Area 30C , on file with the Clerk of the Board of Supervisors ,
Administration Building , Martinez , California , is hereby
INSTITUTED . In addition , by this Resolution , this Board REPEALS
RESOLUTION NO . 87/654
a
Drainage Fee Ordinance 79-21 and ADOPTS a drainage fee ordinance
for Drainage Area 30C .
This Board hereby DIRECTS the Public Works Director to file
with the County Clerk a Notice of Determination for this project .
hereby certify that this Is a true and correct copy of
an action taken and entered on tete minutes of the
Board of Supervisors on the date shown.
ATTESTED: OCT 2 7 1987
PHIL BATCHELOR, Ciork of the Hoard
of Supervisors and County Administrator
BYA4 Deputy
Orig. Dept. Public Works Department ( FCD)
cc : County Administrator
Community Development
Building Inspection
County Counsel
County Assessor
County Treasurer - Tax Collector
County Auditor - Controller
Chief Engineer
Flood Control Engineering
Accounting
Engineering Services
Ralph Garrow , Inc .
P . O . Box 367
Antioch CA 94509
Dick S t r i e g e 1
McKay & Somps
1150 Burnett Avenue , #D
Concord , CA 94520
Citation Homes
P . O . Box 2359
San Leandro , CA 94577
N . CA Bldg Indus Assoc
Attn : Dean LaField
1280 Boulevard Way, #211
Walnut Creek , CA
City of Brentwood
708 Third Street
Brentwood , CA 94513
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RESOLUTION NO. 87/654
.F
ORCI ;Ai:CE NO. 87770
AN ORDI1+A.NCE REPEALING ORDINANCE NO. 79-21
OF THE
CONTRA COSTA COUNTY FLOOD CONTROL
AND
wA M CDi'SERVATIUI' DISTRICT
LRAINIACE AREA 30C
,;::D SU3STITUTII;G A DRAINAGE FEE ORDINANCE
EASED ON IMPERVIOUS SURFPWE AREA
The Board of Supervisors of Contra Costa County as the governing body of the
(,antra Custa County Fled Control art;:.' Water Cunservation District does ordain as
ful luk:s:
SCCTIu;; 1. ordinance ':j. 79-21 of the Contra Costa Cuunty Floud Cuntrol and
pater Cunscrvati;;n UistricL is hereby repealed.
SZ.CTIu:: 2. The L.,ard enacts the fcllur ink as the drainage fee ordinance for
lira i r:a ge Area 30C:
SELT1ON I . bRr`%I;iAGL PLA:I-. The drainage plan and map entitled %raina e
At-ea 30C , Boundary i lap and A,oended Dra i na;e Plait" , dated Apri i , 19C7 , on file
aith the Clerk of the Gard of Supervisur•s, is a.:Cp;.ed as the drainage plan fur
uraina;;e Area 30, pursuanL to Sections 12.2 and 12.3 of the Contra ;,osta County
6-,n,rol arrul Water Conservation District Act (Lhapter c3 of west's Appendix
to the ►tater Code" .
SECTION II . F1;DIi;�S. This 6,;ard fins and deter..Anes that said drainage
area hay inadequat- draina3e facilities; that develup,aent of prupert;, Within said
drair;age area will have a significant impact on past and future developraents;
that develop•nenL of propert; within the drainage area , %Jth its resultant
increase in i.apErviLus surfaces, will require the construction of facilities
described in the drainag:: plan; th&t the fees herein provided to be charged are
uni for,ol ; applied on a squ--re fUL t of i,;rpervious surface basis and fairly
appurtioned within said drainage area an the basis of benefits cinferreo on
property upon which au'iitiunal iwper•viLus surfaces in said drainage are;: are
cons;.ructej; that the esti.iiateal total of all fees cullectiLle hereunder does nus
exceed the estir';ated total cc„ts of all drainage facilities shu.:n on the drainage
plan; anu that the drainage facilities planned are in additizin t;, existing
drainage facilities already servinc the drainage area aL the ti,,re of the adoption
of the drainage pian.
SEZTION' III . EXE;riPTI0N'S. The fee shall not be required fur the
ful ioJn : 1) Tu replace a structure destroyed or da.aage.; by fire, flood, ;ands
or other acL of God, pruvift.: the resuiLant structure has the same, or less
i,,rpervious surface as the ori3inal structure; 2) To ;u,dify structures ur other,
iopervic;us surfaces, provided the amount of ground coverage is not increased by
rare than 100 square feet; 3) To convey land to a government a7ency, public
ORDINANCE NO. 87-70
Page 1of4
p
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 feel have been fully paid previously.
SECTION IV. FEE DEFERNiENT. 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 twi acres that is nut a required par;, of the pending develop;;ent. 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
witil 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 faa-M y residential swimming pools on lots for
which the drainage fec has not been paid, the fee shall be $200 per pool . For
other construction , modifications or replacements to an existing facility that
cause an increase in impervious surface, including but not limited to drive,jays ,
wai ks, patios etc. , the aitiount of net increase in iopervious surface shall be
subject to a fee of $0.23 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
on each individual unit for which a final or parcel map is filed prior to
recordation of said map. Town house, condominiu;;. ,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 VII.
SECTION VII . FEE SCHEDULE Building Permit Subdivision
Co..1;;ierciai/Iridustrial/Dz)vintor:n Office $ 9,4E0/acre $10,160/acre
rice riediun : 8,105/acre 9,055/acre
u ice
Light): 6,78-;'acre .7,645/acre
��iu tia,;1i y Residential (Including ;;obile
Hume Parks ):
Less that; 2,500 sq. ft. of land per unit $ 7,450/acre $ 7,450/acre
2,500 to 2,999 It It 440/unit 440/unit
3,000 to 3,999 It 11 505 505 "
4,000 to 4,999 to of 590 " 590 "
5,000 to 5,999 of675 675 "
6,000 to 6,999 If757 755 "
7,000 to 7,999 It
it 835 It 835 "
8,000 + " 880 " 880 it
Single Faiail • Residential :
4,000 to 4,999 sq. t. o land per unit $ 620/unit $ 990/unit
5,000 to 5,999 645 " 1,035 "
6,000 to 6,999 675 1,075 "
Pd ge 2 of 4
7,000 to 7,999 " to 700 to 1,115 Be
8,000 to 9,999 11745 Be 1,175 "
` 10,000 to 13,999 825 " 1,295 Be
14,000 t;; 19,999 " " 965 " 1,490 Be
20,000 to 29,999 " " 1,190 " 1,785 Be
30,000 to 39,999 " if 1,480 Be 29135 Be
40,000 + Be19775 Be 2,460 Be
r; ri cultural :
Under &0% of
. ut ii;rpervious Exempt
;lore than 10% of lot impervious $9,015/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
awounts.
For the purpose of this ordinance, subject to Section VI , lot size shall
be: (1) for existing lots , that land 'shov.n on the latest equalized assessment
roll as a lot; or (2) for nes- subdivision lots , that land shown on the final or
parcel map as a lut. The fee amounts under. "Single Family Residential" shall
apply to lots containing only one dwelling unit. For multifamily residential
(includinn, mobile hone 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
dwelli.n5 units proposed to be on the lot.
SECTIOr.' VIII . FEE PAYMENT. The official having jurisdiction may accept
cash ur 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 lanai 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) Where draina;e fees have been parially paid under former Ordinance 140. 79-
21 , 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 urdinance, credit shall be given for the dollar amount of the
fee paid for the development site.
Page 3 of 4
IL
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, fur and against it in the "Brentwood News" , a newspaper
publishes; in the area.
PASSED AND ADuPTED ON OCT 271987 by the following vote:
AYES: Supervisors Powers , Fanden, Schroder, Torlakson $ McPeak
NOES: None
ABSENT: None
Chair of the Boar
ATTEST: PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
By 9.
Uel ty
UK:s:
Vh:UA30CRepOrd.t5
ORDINANCE NO. 87-70
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