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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 September 10, 1991 by the following vote:
AYES: _Supervisors Fanden, Schroder, Torlakson and Powers
NOES: None
ABSENT: Supervisor McPeak
ABSTAIN: None Resolution No. 91/ 603
(West's Water Code App.
Ch. 13, Sec. 12.2 and 12.3)
SUBJECT: Repeal of Drainage Fee Ordinance No. 89-36, and the Adoption of a
Drainage Fee Ordinance for Drainage Area 52D, Oakley Area.
Project No. 7584-6D-8452.
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 23, 1991 this Board adopted a Resolution proposing to consider the repeal
of the existing Drainage Fee Ordinance No 89-36 and the adoption of a new drainage fee
ordinance to increase drainage fees in Drainage Area 52D.
On September 10, 1991 pursuant to the Board's order of July 23, 1991 this Board
held a hearing to consider the repeal of Drainage Fee Ordinance No. 89-36 and adoption
of a new drainage fee ordinance. All written and oral objections presented concerning these
proposed actions were considered.
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 Drainage Area 52D. This Board
also FINDS that no written petition for an election, signed by at least twenty-five percent
of the registered voters within Drainage Area 52D, 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 11 and 12.3
of the .Contra Costa County Flood Control and Water Conservation District Act.
This Board FINDS that the repeal of Drainage Ordinance and adoption of a new
drainage fee ordinance for Drainage Area 52D is not subject to the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the Act's guidelines;
and
This Board hereby further FINDS that good cause exists for the adoption of a new
drainage fee ordinance for Contra Costa County Flood Control and Water Conservation
District Drainage Area 52D; and this Board hereby ENACTS Ordinance No. 91-42 This
Board hereby also REPEALS the existing Drainage Fee Ordinance No. 89-36.
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 data shown.
ATTESTED: SEP 10 1991
PHIL BATCHELOR,Clerk of the Board
of Supervisors andCo my Administrator
--B Deputy
RESOLUTION NO. 91/603
Board of Supervisors
Drainage Area 52D
September 10, 1991
Page 2
Originator: Public Works (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 & Cardinale
P.O. Box 367
Antioch CA 94509
Building Industry Association
of Northern California - Eastern Division
1280 Boulevard Way, #211
Walnut Creek, CA 94595
The Hoffman Company
Attn: David Lenon
P.O. Box 907
Concord, CA 94522
Warmington Homes
Attn: Steve Millar
3160 Crow Canyon Place, Suite 200
San Ramon, CA 94583
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AJeffy 52DACLDA
July 8, 1991
f ORDINANCE NO. 91-42
AN ORDINANCE REPEALING ORDINANCE NO. 89-36
OF THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
AND ENACTING A NEW DRAINAGE FEE ORDINANCE
FOR THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
DRAINAGE AREA 52D
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 1. Ordinance No. 89-36 of the Contra Costa County Flood Control and Water
Conservation District is hereby repealed.
SECTION 2. The Board enacts the following as the drainage fee ordinance for Drainage
Area 52D:
SECTION I. DRAINAGE PLAN. The drainage plan and map entitled 'Drainage Area
52D, Boundary Map and Drainage Plan", dated February, 1989, 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 52D 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
addifional 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. ,
ORDINANCE No. 91-42 . Page 1 of 4
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 $451 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$0.53 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 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
Commercial5ndustrial/Downtown Office $21,795/acre 523,410/acre
Office (Medium): $18,675/acre 520,870/acre
Office (Light): - 515,630/acre $17,615/acre
Multifamily Residential (Including Mobile Home Parks):
Less than 2,500 sq. ft, of land per unit $17,170/acre $17,170/acre
2,500 to 2,999 $1,020/unit S1,020/unit
3,000 to 3,999 $1,1651- $1,165/"
4,000 to 4,999 $1,355/" $1,3551-
5,000 to 5,999 $1,555/" S1,5551-
6,000 to 6,999 $1,745/" $1,7451-
7,000 to 7,999 51,930/" 51,930/"
8,000 +, 52,025/" S2,025/"
Single Family Residential:
4,000 to 4,999 sq. ft. of land per unit $1,425/unit S2,285/unit
5,000 to 5,999 0 $1,490/" $2,380/"
6,000 to 6,999 0 $1,555/ $2,475/"
7,000 to 7,999 $1,6151- $2,570/"
81000 to 9,999 $1,710/" $2,710/"
10,000 to 13,999 S1,905/" $2,985/"
14,000 to 19,999 " $2,220/" $3,435/"
20,000 to 29,999 $2,745/" $4,120/-
30,000 to 39,999 $3,410/" 54,920/"
40,000 + $4,08510 $5,665/"
ORDINANCE NO. 91-42 Page 2 of 4
sem."t-..,,; ' ' •
Azricultural:
Under 10% of lot impervious Exempt
More than 10% of lot impervious $20,780/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 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 drainage fees have been paid under a former drainage fee ordinance based
on acreage,fees shall not be required under Section VII for any part of the total area
for which the fee was paid, except in the case of a resubdivision.
b) Where drainage fees have been paid under this ordinance or another drainage fee
ordinance based on impervious surface,fees shall not be required under Section VIII
for the total impervious surface area for which the fee was paid. However,fees shall
be payable under Section VII for any additional impervious surface area.
c) Where drainage fees have been paid other than pursuant to an adopted drainage fee
ordinance, the dollar amount of the fee paid for the development site in question
shall be credited against the fees payable under Section VII.
ORDINANCE NO. 91-42 Page 3 of 4
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 'Brentwood News;' a newspaper published in this area.
PASSED AND ADOPTED ON September 10, 1991 by the following vote:
AYES: Supervisors Fanden, Schroder, Torlakson and Powers
NOES: None
ABSENT: Supervisor McPeak
Chair of the Board
ATTEST: PHIL BATCHELOR, Clerk of the
Board of Supervisors.and
County Administrator
By ILA"
Deputy
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ORm mm No. 91-42 Page 4 of 4