The URL can be used to link to this page

Home My WebLink AboutMINUTES - 08231988 - T.3 r _* 44. - THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Adopted this Resolution .on August 23, 1988 by the following vote: AYES: Supervisors Powers , Fanden, Torlakson and Schroder NOES: None ABSENT: Supervisor McPeak ABSTAIN: RESOLUTION NO. 88/ 553: (West's Water Code App. Ch. 63, Sec. 12.2 and 12.3) SUBJECT: Adoption of a Drainage Fee Ordinance for Drainage Area 73, San Pablo/El Sobrante Area. Project No. 7567- 6D8216. O The Board of Supervisors of Contra Costa County, as the Governing Body of the Contra Costa County Flood Control and Water ---Conservation District, RESOLVES that on July .12, 1988, this Board set a public hearing to consider the repeal of the existing Drainage Fee Ordinance 82-32 and the enactment of a new drainage fee ordinance to increase drainage fees in Drainage Area 73 ; and WHEREAS on August 23, 1988, pursuant to the Board's Resolution of July 12, 1988, this Board held a hearing to consider the repeal of Drainage Fee Ordinance 82-32 and enactment of a new drainage fee ordinance. At which all written and oral objections presented concerning these actions were considered. ITIS FURTHER RESOLVED that any valid written protests filed do not represent more than one-half of the assessed valuation of real property contained in Drainage Area 73 ; and WHEREAS 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 11 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 July 12, 1988 ; and WHEREAS that the repeal of Drainage Ordinance and enactment of a new drainage fee ordinance for Drainage Area 73 is not subject to the California Environmental Quality Act . (CEQA) pursuant to Section 15061 (b) (3) of the Act's guidelines; and WHEREAS good cause exists for the enactment of a new drainage fee ordinance for Contra Costa County Flood Control and Water Conservation District Drainage Area 73 said drainage fee ordinance is ENACTED, and this Board hereby also REPEALS the existing Drainage Fee Ordinance 82-32. I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: AUG 2 3 1988 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator e By , Deputy RESOLUTION NO. 88/552 RESOLUTION N0. 88/5531;' S t 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 City of San Pablo Ralph Garrow, Inc. P.O. Box 367 Antioch, CA 94509 Dick Striegal McKay & Somps 1150 Burnett Avenue, #D Concord, CA 94520 .Citation Homes P.O. Box 2359 San Leandro, CA 94577 Building Industry Assoc . Eastern Division 1280 Blvd. Way, #211 Walnut Creek, CA 94595 David Lennon Hoffman Company P.O. Box 907 Concord, CA 94522 Trammell Crow Company William Thompson 591 Redwood Hwy, #5275 Mill Valley, CA 94.941 UK/RSC:sj/dmw DA73Fee.tl2 RESOLUTION NO. 88/553 ' CRDINANCE NO. 88-6 8 r } AN ORDINAHM OF UM CONTRA COSTA COUNTY FLOOD CONTROL AND wATER cORSERvATIM DISTRICT ESI'ABLISlUM DRAINAGE FEES IN ZINE CONTRA COSTA COUNTY FLOOD CSL AND MM CONSERVATION DISTRICT DRAINAGE AREA 73 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. IRAIIUi(M PLAN. The drainage plan and map entitled "Drainage Area 73, Boundary Map and Drainage Plan", dated May, 1982, 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 73 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 develepment 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. EM=CNS. 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) Tb 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 gaverrmpant 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 UU'F.Ed04T. 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 developwmt. The deferment of fee is conditioanal 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 M;I, TS. Encoept 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 $86 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 impervious surface shall be subject to a fee of $0.10 per square foot, but not to exceed the amount required under Section VII. ORDINANCE No, 88-68 Page 1 of 3 Cr SECTION VI. SUMMSICM. Except as permitted Lader 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, condanitLium,and cluster .housing type subdivisions creating individual lots less than 4,000 square feet shall ;be treated as multifamily residential arra the lot size used in I ermining 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 SCi437[JLE Building Permit Subdivision Commercial/Industrial/Downtown Office $4,112/acre $ 4,417/acre Office (Medium) : 3,524/acre 3,938/acre Office (Lic$it) : 2,949/acre 3,324/acre Multifamily Residential (Including Mobile Home Parks) • Less than 2,500 sq. ft. of land per unit 3,240/acre 3,240/acre 2,500 to 2,999 is it 192/unit 192/unit 3,000 to 3,999 to " 220 " 220 " 4,000 to 4,999 of " 256 " 256 " 5,000 to 5,999 it " 293 " 293 " 6,000 to 6,999 it " 329 " 329 " 7,000 to 7,999 " " 364 " 364 " 8,000 + " " 382 " 382 " Sirale Family Residential: 4,000 to 4,999 sq. ft. of land per unit $ 269/unit $ 431/unit 5,000 to 5,999 " to 281 " 449 " 6,000 to 6,999 " " 293 " 467 " 7,000 to 7,999 " " 305 " 485 " 8,000 to 9,999 " " 323 " 511 " 10,000 to 13,999 " " 359 " 563 " 14,000 to 19,999 " " 419 " 648 " 20,000 to 29,999 " " 518 " 777 " 30,000 to 39,999 " " 643 " 928 " 40,000 + " " 771 " 1,069 " agricultural• Under 10% of lot impervious Exempt More than 10% of lot impervious $3,920/acre of developed portion On single family lots, barns and sheds in excess of 400 square feet and tennis and sports courts shall not be considered as incidental residential facilities included in the above fee schedule. The drainage fee for the portion of these facilities in excess of 400 square feet shall be calculated using the square foot fee in Section V, and it shall be in addition to the above fee amounts. For the purpose of this ordinance, subject to Section VI, lot size shall be: (1) for existing lots, that land shown on the latest, equalized as p*++ roll as a lot; or (2) for new subdivision lots, that lam shown on the final or parcel map as a lot. The fee amounts under "Single Family Residential" shall apply to lots containing only one dwelling unit. For multifamily residential (including mobile home parks) the "square feet of land per unit" shall be the quotient obtained by dividing the lot size in square feet by the number of dwelling units proposed to be on the lot. SECTION VIII. FEE PAYMENr. The official having jurisdiction may accept . cash or check, or, when authorized by the District's Chief Engineer, other consideration such as actual construction of a part of the planned drainage facilities by the applicant or his principal. All fees collected hereur shall be paid into the County Treasury to the account of the drainage facilities fund established for the drainage area. Monies in said fund shall be expended solely for lam acquisition, construction, engineering, administration, repair, maintenance and Operation or reimbursement for the same, in whole or in part, of planned drainage facilities within the drainage area or to reduce the principal or interest of any bonded indebtedness of the drainage area. ORDINANCE NO. 88-1$_ Page 2 of 3 SECTION IX: CREDIT. Drainage fees previously paid shall be credited, as follows: a) Where drainage fees have been partially paid Linder a former Ordinance No. 82-32 fees, 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. c) Where drainage fees have been paid pursuant to this ordinance or other ordinance based on impervious surface, the coedit shall be based on the ordinance in effect at the time of the additional payment. SECTICK X. EFFECTIVE DATE. This ozdinanoe 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 A u g u s t Z 3$ 19 8,8 by the following vote: AYES: Supervisors Powers, Fanden, Torlakson and Schroder NOES: None ASSENT: Supervisor McPeak Chair of ATTEST: PHIL BAJCHMDR, Clerk of the Board of Supervisors and C unty Administrator By Deputy MM:sj/dmw DA730rd.t9 Cl2DIIUNCE NO. 887 6 88_ Page 3 of 3