HomeMy WebLinkAboutMINUTES - 07071987 - 1.24 4' -
®2.4
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY , CALIFORNIA
Adopted this Resolution on July 7 , 1987 by the following vote :
AYES : . Supervisors Fanden, Torlakson and Schroder
NOES : None
ABSENT : Supervisor Powers and McPeak
ABSTAIN : None
RESOLUTION NO . 87/ 409
(West' s Water Code App .
Ch . 63 , Sec . 12 . 2 and 12 . 3)
SUBJECT : Notification of Hearing to Consider the 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 :
The Contra Costa County Flood Control and Water Conservation
District . Act , hereinafter referred to as Act , provides authority
for said governing board to amend drainage plans and repeal and
enact drainage fee ordinances .
This Board has before it for consideration the proposed
amendment of the drainage plan and drainage fee ordinance for
Drainage Area 30C .
Thi s Board al so has before i t the Draft Negative
Declaration , the Engineer ' s Report and the Drainage Plan ,
entitled , " Drainage Area 30C , Boundary Map and Amended Drainage
Plan" , dated April , 1987 , proposed to be instituted for Drainage
Area 30C . Said documents , which show the general location of
said Drainage Area and provide an estimate of the cost of the
facilities to be installed in the Drainage Area , are on file
with , and may be examined at , the office of the Clerk of the
Board of Supervisors , Administration Building , Martinez ,
California . A proposed drainage fee ordinance , providing for all
or part payment of the facilities described in said drainage
plan , is attached hereto and incorporated herein by reference .
It is proposed that the Drainage Plan for Drainage Area 30C
be amended , that the existing drainage fee ordinance be repealed
and that the attached drainage fee ordinance be adopted .
At 10 : 30 a .m , on August 18 , 1987 , in the Chambers of the
Board of Supervisors , Administration Building , Martinez ,
California , this Board will conduct a public hearing on the
proposed amendment for said drainage plan , the repeal of the
existing drainage fee ordinance and the adoption . of the attached
new drainage fee ordinance for said drainage area . At said
hearing , this Board will consider and act upon the Negative
Declaration and will hear and Pass upon any and all written or
oral objections to the amendment of the Drainage Plan , the repeal
of the existing drainage fee ordinance , and the adoption of the
attached new drainage fee ordinance . Upon conclusion of the
hearing , the Board •may abandon the proposed actions , or proceed
with the same .
The Clerk of the Board is DIRECTED to publish a Notice of
the Hearing , pursuant to Government Code 6066 , once a week for
RESOLUTION NO. 87/409
two (2) successive weeks , prior to the hearing, in the •Brentwood
News" , a newspaper of general circulation . circulated in the area
of Drainage Area 30C . Publication shall be completed at least
seven (7) days before said hearing and said notice shall be given
for a period of not less than twenty (20) days .
The exterior boundaries of said Drainage Area 30C include
ends within the City of Brentwood . The Clerk of this Board is
DIRECTED to forward to the governing body of said city a copy of
this Resolution at least twenty (20) days before the above noted
hearing .
The Clerk of the Board is further DIRECTED to nail a copy of
the Notice of Public Hearing to any interested party who has
filed a written request for mailed notice with the Clerk of the
Board or with the District , as provided by Government Code
Sections 54876(a ) and 54992(a ) . Said nailing shall be perforated
at least fourteen ( 14) days prior to the hearing .
I hereby certify that this:g 0 true end cor.act copy of
an action taken and entored 0"U10-MI-111-tes of the
Board of Supervisors
f onryrytho d{{��atta��shoiwn.
ATTESTED: ��.i_..�#�5dt..______
PHIL BATCHELOR, Clerk of the Boom
of Supervisors and County Administrator
� r
By /i 6 e. .w t-�Jx 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
Dick Striegel
McKay 6 Somps
2280 Diamond Blvd .
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
u K:s j Brentwood , CA 94513
DA30CAmd.t6
RESOLUTION NO. 87/409
ORDINANCE NO. 87
N ORDINANCE REPEALING ORDINANCE NO. 79-21
OF THE
CONTRA COSTA COUNTY FLOOD CONTROL
AND
:ATE% CONSERVATION DISTRICT
DRAINAGE AREA 30C
AND SU3STITUTIi'dG A DRAINAGE FEE ORDINANCE
EASED ON IMPERVIOUS SURFACE AREA
The Board of Supervisors of Contra Costa County as the governing body of the
Cuntra Custa County Flood Cuntrol and dater Conservation District does ordain as
ful lugs:
SLCT16A 1 . Gcdinance No. 79-21 of the Contra Costa County Floud Control and
Water Conservatisn District is hereby repealed.
SLCT16N 2. The ;jard enacts the folluning as the drainage fee ordinance for
Drainage Area 30C :
SECTION I . DRAINAGE PLAN . The drainage plan and map entitled "Drainage
Area 300 , Boundary Hap and Amended Drainage Plan" , dated April , 19S'7 , on file
with the Clerk of the Loard of Supervisurs , is adopted as the drainage plan for
Drainage Area 300 pursuant to Sections 12.2 and 12 .3 of the Contra Costa County
Fluid LunLrol and Water Conservation District act (Chapter E3 of Test's Appendix
to the .eater Code) .
SECTION II . FIPDINGS. This Bard finds and deterwines that said drainage
area has inadequate drainage facilities ; that development of property within said
drainage area will have a significant impact on past and future developments;
that development cf propert,; within the drainage area , with its resultant
increase in irperviuus surfaces , Sall require the construction of facilities
described in the drainage plan; that the fees herein provided to be charged are
uniformly applied on a square fuct of 0ipervious surface basis and fairly
apportioned within said drainage area an 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 nut
exceed the estimated total costs of all draina0e facilities shunn on the drainage
pian; and that the drainage facilities planned are in addition tL existing
drainage facilities already serving the drainage area at the time of the adoption
of the drainage pian.
SECTION II;I . EXEMPTIONS . The fee shall not be required for the
ful to ring : 1) Tu 'replace a structure destroyed ur dairraged by fire, flood, ,ands
or other act of God , provide" the resultant structure has the same, or less
impervious surface as the original structure; 2; To mudify structures or other
impervious surfaces, provided the amount of ground c6verage is not increased by
more than 100 square feet; 3) Tu convey land to a government agency, public
ORDINANCE NO.
Page 1of4
entity, public utility, or abutting property owner where a nevi 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.
SEi;TIO , IV. FEE DEFERiIIENT. On lots greater- than twu acres in size, the
property owner can defer the payment of the fee on the portion of the lot in
excess of tv:u acres that is net a required part of the pending development. The
deferment of fee is conditional on the property oriners 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 pernrit 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 $200 per pool . For
other construction , modifications or replacements to an existing facility that
cause an increase in impervious surface, including but not liinited to driveways ,
wal kS , patios etc . , the aiaount of net increase in impervious surface shall be
subject to a fee of $0.23 per square foot, but not to exceed the amount required
under Section VII .
SECTIOi•,; VI . SUILD DIVISIOINS. 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 lriap. Town house, condominiuc;r ,and cluster housing type
subdivisions creating individual lots less than 4,000 square feet shall be
treated as iiiultifarnily residential and the lot size used in determining the
"square feet of land per, unit" shall be the lot size prior to subdividing.
Except a:� noted above , the fee for all other subdivisions shall be calculated on
all individual lot basis . The fee a,;rount shall be as set forth in Section VII .
SECTION VII . FEE SCHEDULE Building Permit Subdivision
Cu,mmerciai/Industrial/Down tor:n Office $ 9,460/acre $10,160/acre
Office ;Medium 8,105/acre 9,055/acre
Office Licl)Lt- 6,78Siacre 7,645/acre
_�iuitifa�niy Residential (Including i,iobiie
Home Parks ):
Less that, 2,500 sq. ft, of land per unit $ 7,450/acre $ 7,450/acre
2,500 to 2,9�� 11 11440/unit 440/unit
3,000 to 3,993 It If 505 " 505 "
4,000 to 4,9:; 590 If 590 "
5,000 to 5,999 " " 675 " 675 If
6,000 to 6,9^9 " " 757 If
755 If
7,000 to 7,999 If
" 835 If 835 If
",000 + " " 880 If 380 If
Single Faimi1y �)esident ial :
0 to 4,999 sq, t. of land per unit $ 620/unit $ 990/unit
5,000 to 5,999 11 " 645 " 1 ,035 If
6,000 to 6,c99 " Is
675 1 ,075 "
ORDINANCE NO.
Pa ge 2 of 4
3
j
7,000 to 7,999 " If
700 If 1,115 If
8,000 to 9,999 If
If
745 " 1 ,175 "
10,000 to 13,99' 825 If 1,295 "
14,000 to 19,999 " " 965 " 1 ,490 If
20,000 to 29,9:9 " " 1 ,190 " 1,785 If
30,000 to 39,999 " " 1,480 If 2,135 "
40,000 + " " 1 ,775 If 2,460 "
; ri cul tural :
Under 10% of iuL impervious Exempt
iiore than 10% of lot impervious $9,015/acre of developed portion
0
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 iL shall be in addition to the above fee
ai;iounts .
For the purpuse of this ordinance , subject to Section VI , lot size shall
be: (1) for existing lots , that land sho-vin on the latest equalized assessment
roll as a lot; or (2) for nes; subdivision lots , that land shoon on the final or
parcel map as a lut. The fee ai7ounts under "Single Family Residential" shall
apply to lots containing only one dwelling unit. For multifamily residential
(includinc; mobile home parks ) the "square feet of land per unit" shall be the
quotienL obtained by dividing the lot size in square feet by the number of
dwelling units proposed to be on the lot.
SECTIOF: VIII . FEE PAY14Ei•1T. 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 applicanL 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 . I'lonies in said fund shall be expended solely
for land acquisition , construction , engineering , administration , repair
i;raintenance and operation or reimburse�uent 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' IY: CREDIT. Drainage fees previously paid shall be credited as
follows:
a) Where drainage fees have been par'Lially paid under former Ordinance No. 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 ordinance , credit shall be given for the dollar amount of the
fee paid for the development site.
ORDINANCE NO.
Page 3 of 4
d
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 votin, fur and against it in the "Brentwood Flews" , a newspaper
published in the area .
PASSED AND ADvPTED 01 by the fulluviing vote:
AYES:
NOES:
ABSENT:
Chair of the Board
ATTEST: PHIL BATCHELOR , Clerk of the
ward of Supervisurs and
County Administrator
1b
y
Deputy
UK:sj
UK DA3O; "ep0rd .t5
0<DI14ANCE (dO.
Page 4 of 4