HomeMy WebLinkAboutMINUTES - 07081986 - T.2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on July 8, 1986 by the following vote:
AYES: Supervisors Fanden, Schroder , Torlakson and Powers
NOES: None
ABSENT: Supervisor McPeak
ABSTAIN: None RESOLUTION NO. 86/396
SUBJECT: Conversion of Storm Drainage District Zone 16 into Flood Control
Drainage Area 16, Institution of a Drainage Plan therefor, Adoption of
a Drainage Fee Ordinance and Continuation of Ad Valorem Tax, Pleasant
Hill Area, Project No, 7505-6F8178.
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 May 20, 1986, this Board adopted its Resolution No, 86/278 proposing to
convert Contra Costa County Storm Drainage District Zone 16 (hereinafter Zone 16)
into Contra Costa County Flood Control and Water Conservation District Drainage
Area 16 (hereinafter Drainage Area 16) , consisting of that real property described
in Exhibit "A", attached thereto, institute a drainage plan therefor, adopt a
drainage fee ordinance and continue the existing property tax in said drainage
area,
On July 8 , 1986 , pursuant to Resolution No. 86/278, this Board held a
hearing on the question of the conversion of said Zone 16 into Drainage Area 16,
institution of a drainage plan therefor and the adoption of a drainage fee
ordinance for, and the continuation of the existing property tax within said
Drainage Area.
. This Board FINDS that any valid written protests filed do not represent more
than one-half of the assessed valuation of real property contained in proposed
Drainage Area 16. This Board also finds that no written petition for an election,
signed by at least 25 percent of the registered voters within Drainage Area 16,
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 have been followed in accordance with Sections 11 and
12.3 of the Contra Costa County Flood Control and Water Conservation District Act
and in accordance with the provisions of Resolution No. 86/278.
This Board has received no resolution or ordinance adopted by an affected city
requesting the exclusion of territory from proposed Drainage Area 16.
The Board hereby CERTIFIES that the Negative Declaration submitted to it by
the Community Development Department as to the environmental impact of proposed
Drainage Area 16, institution of a drainage plan and adoption of a drainage fee
ordinance therefor, and continuation of the existing property tax therein, has
been completed in compliance with the California Environmental Quality Act, and
said Board has reviewed and considered the information contained therein.
7M;r pnn„rl ha�-ohv 17TNne that nnnei n;meo* Axirtc fnr the rnnvPrsinn of Zone 16
into Drainage Area 16vand ORDERS that Contra Costa County Storm Drainage District
Zone 16 be converted into Contra Costa County Flood Control and Water Conservation
District Drainage Area 16, consisting of the real property shown on the afore-
mentioned Drainage Plan. Effective as of the date of this Resolution, all
unencumbered funds standing to the credit of Zone 16 in the County Treasury shall
be transferred to the credit of Drainage Area 16 and all the indebtedness of Zone
16 shall become indebtedness of Drainage Area 16. The drainage plan as shown on
the map entitled "Drainage Area 16 Boundary Map and Drainage Plan" , dated January
RESOLUTION NO. 86/396
1986, proposed to be instituted for Drainage Area 16, on file with the Clerk of
the Board of Supervisors, Administration Building, Martinez , California , is
hereby adopted.
It is by this Board further RESOLVED that the authorized ad valorem property
tax in the territory of the Contra Costa County Storm Drainage District Zone 16
continues to apply in the area of the Contra Costa County Flood Control and Water
Conservation District.
This Board hereby ENACTS Ordinance No. 86- 5_5 establishing drainage
fees in said Drainage Area.
This Board also hereby CONVEYS all real property interest owned by Contra
Costa County Storm Drainage District in Zone 16 to the County of Contra Costa.
The Board DIRECTS the Chief Engineer to file a Notice of Determination with
the Clerk of the Board of Supervisors.
I hereby certify fha:ihis Is a true and correct copy of
an action taken and entered on the minutes of the
Board o1 Supervisors on the date shown.
ATTESTED: j``tHL 8 13LL�
PHIL BATCHELOR, Cierk of the Board
of Supervisors and County Administrator
By �� ' , Deputy
Orig. Dept. Public Works Department (FCE)
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
Building Industry Association
of Northern California
1280 Boulevard Way
Walnut Creek CA 94595
City of Pleasant Hill
3300 North Main Street
Pleasant Hill , CA 94523
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RESOLUTION NO. 86/396
ORDINANCE NO. 86- 55
AN ORDINANCE OF THE
CONTRA COSTA COUNTY FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
ESTABLISHING DRAINAGE FEES IN THE
CONTRA COSTA COUNTY FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
DRAINAGE AREA 16
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. DRAINAGE PLAN. The drainage plan and map entitled "Drainage
Area 16, Boundary Map and Drainage Plan" , dated January, 1986 , on file with the
Clerk of the Board of Supervisors, is adopted as the drainage plan for the Contra
Costa County Flood Control and Water Conservation District Drainage Area 16
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 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 . 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 previously.
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 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 residential swimming pools on lots for
which the drainage fee has not been paid, the fee shall be $140 per pool .
ORDINANCE NO. 86- 55
Page 1 of 3
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 $0.21 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, 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 subd-i.viding:*`
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
Commercial /Industrial/Downtown Office $8,635/acre 9,275/acre
Office (Medium) : 7,400/acre 8,270/acre
Office (Light) : 6,195/acre 6,980/acre
Multifamily Residential ( Including Mobile
Home Parks) :
Less than 2,500 sq. ft. of land per unit $6,805/acre $6,805/acre
2 ,500 to 2 ,999 11 11405/unit 405/unit
3 ,000 to 3 ,999 of it460 " 460 "
4 ,000 to 4 ,999 it it540 it 540 "
5 ,000 to 5,999 01615 " 615 "
6,000 to 6,999 690 690 "
7 ,000 to 7 ,999 765 765 "
8,000 + 800 800 "
Single Family Residential :
4,000 to 4 ,999 sq. ft. of land per unit $ 565/unit $ 905/unit
5,000 to 5,999 " #111590 " 945
6,000 to 6,999 It615 " 980 "
7 ,000 to 7 ,999 It640 1,020 "
8,000 to 9,999 680 1,075 "
10,000 to 13 ,999 755 1,180 "
14,000 to 19,999 880 1 ,360 "
20,000 to 29,999 1 ,090 1,630 "
30,000 to 39,999 1,350 1 ,950 "
40,000 + 1,620 2,245 "
Agricultural :
Under 10% of lot impervious Exempt
More than 10% of lot impervious $8,235/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
ORDINANCE NO. 86- 5.5
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f
acid 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 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
fthe fee paid for the development site. jo
-
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 AND ADOPTED ON July 8, 1986 by the following vote:
AYES: Supervisors Fanden, Schroder, Torlakson and Powers
NOES : None
ABSENT : Supervisor McPeak
Chairman of the Board
ATTEST: PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
By
Deputy
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DA160rd
ORDINANCE NO. 86-55
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