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Home My WebLink AboutMINUTES - 07281992 - H.2 H.2 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 July 28, 1992, by the following vote: AYES: Supervisors Powers, Schroder, Torlakson and McPeak NOES: None ABSENT: Supervisor Fanden ABSTAIN: None Resolution No. 92/ 508 (West's Water Code App. Ch. 13, Sec. 12.2 and 12.3) SUBJECT: The Amendment of the Drainage Plan and the Repeal of the existing Drainage Fee Ordinance No. 78-62 and the adoption of a new Drainage Fee Ordinance for Drainage Area 10, Danville Area. Project No. 7553-6D8226. The Board of Supervisors of Contra Costa County, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District, FINDS, DETERMINES AND RESOLVES that: On June 16, 1992, this Board set a public hearing to consider an amendment to the Drainage Plan for Drainage Area 10, and to consider the repeal of the existing Drainage Fee Ordinance 78-62 and the adoption of a new fee ordinance to increase drainage fees in Drainage Area 10. On July 28, 1992, pursuant to the Board's Resolution of June 16, 1992, this Board held a hearing to consider the amendment of Drainage Plan and the repeal of Drainage Fee Ordinance 78-62 and the adoption of a new drainage fee ordinance, at which all written and oral objections presented concerning these actions were considered. IT IS 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 10. 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 June 16, 1992, and No resolution or ordinance protesting this action was received from the Town of Danville. The purpose of the drainage fees described in this resolution is to generate monies to finance drainage improvements in Drainage Area 10. The fees will be used to finance the drainage facilities listed in the amended drainage plan and described in the engineer's report. As discussed in more detail in said report and in the Report of Impervious Surface Drainage Ordinance dated January, 1982, the types of development that are subject to the fees will generate additional impervious surfaces and stormwater runoff within said drainage area and watershed, thus creating a need to expand or improve existing drainage facilities and a need to construct new drainage facilities. Use of the fees paid by each type of development will provide necessary infrastructure to mitigate adverse drainage impacts that would otherwise result from such development. Resolution 92/ 508 Board of Supervisors Drainage Area 10 July 28, 1992 Page Two On June 23, 1992, this Board adopted the Negative Declaration in compliance with the California Environmental Quality Act and directed the Director of Community Development Department to file a Notice of Determination with the County Clerk. This Board hereby FINDS that good cause exists for the amendment.of the drainage plan for Drainage Area 10 and ORDERS that the drainage plan, as shown on the map entitled, 'Drainage Area 10, Amended Drainage Plan", dated April, 1992, proposed to be instituted for Drainage Area 10 and on file with the Clerk of the Board of Supervisors, Administration Building, Martinez, California, is hereby INSTITUTED. 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 10, and this Board hereby ENAC'T'S Ordinance No. 92-52 This Board hereby also REPEALS the existing Drainage Fee Ordinance No. 78-62. JRF!d c:W BOResXt7 June 15, 1992 1 hereby certify that this Is a true and correct copy a! Ori tor: Public Works CE an action taken and entered on the minutes of the $� (FCE) Hoard of Supervisors on the date shown. ae County Administrator ATTESTED: -- AU 7St 4 r 1202, Community Development PHIL BATCHELOR,Clerk of the Board Building Inspection of Supervlsors and unty Administrator County Counsel , County Assessor By ,Deputy County Treasurer -Tax Collector County Auditor - Controller Chief Engineer Flood Control Engineering Accounting Engineering Services The Hofmann Company ' David Lennon P.O. Box 907 Concord CA 94522 Building Industry Assoc. P.O. Box 5160 San Ramon CA 94583 Davidon Homes Dennis J. Razzari 1600 S. Main St. , #150 Walnut Creek CA 94596 /{.2 ORDINANCE NO. 92-52 AN ORDINANCE OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ESTABLISHING NEW DRAINAGE FEES IN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 10 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. 7862 of the Contra Costa County Flood Control and Water Conservation District is hereby repealed. SECTION 2. The Board hereby enacts the following as the Drainage Fee Ordinance for Drainage Area 10: SECTION I. DRAINAGE PLAN. The drainage plan and map entitled"Drainage Area 10, Drainage Plan", dated May, 1978, 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 10 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). Said drainage plan is hereby amended as set forth in 'Drainage Area 10, Amended Drainage PLan," dated April, 1992. SECTION H. 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. Ordinance Repealing Ordinance No. 78-62 Page Two 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 $290 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$0.34 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. Development Type Buildin Pg ermit Subdivision Commercial/Industrial/Downtown Office $13,980 /acre $15,020 /acre Office (Medium) $11,980 /acre $13,390 /acre Office (Light) $10,025 /acre $11,300 /acre Multifamily Residential (Includes Mobile Home Parks) Less than 2,500 sq. ft. of land per unit $11,015 /acre $11,015 /acre 2500 to 2999 sq. ft. of land per unit $655 /unit $655 /unit 3000 to 3999 sq. ft. of land per unit $750 /unit $750 /unit 4000 to 4999 sq. ft. of land per unit $870 /unit $870 /unit 5000 to 5999 sq. ft. of land per unit $995 /unit $995 /unit 6000 to 6999 sq. ft. of land per unit $1,120 /unit $1,120 /unit 7000 to 7999 sq. ft. of land per unit $1,240 /unit $1,240 /unit 8000+ sq. ft. of land per unit $1,300 /unit $1,300 /unit Ordinance Repealing Ordinance No. 78-62 Page Three Development Type Building Permit Subdivision Single Family Residential 4000 to 4999 sq. ft. of land per unit $915 /unit $1,465 /unit 5000 to 5999 sq. ft. of land per unit $955 /unit $1,525 /unit 6000 to 6999 sq. ft. of land per unit $995 /unit $1,590 /unit 7000 to 7999 sq. ft. of land per unit $1,035 /unit $1,650 /unit 8000 to 9999 sq. ft. of land per unit $1,100 /unit $1,735 /unit 10000 to 13999 sq. ft. of land per unit $1,220 /unit $1,915 /unit 14000 to 19999 sq. ft. of land per unit $1,425 /unit $2,205 /unit 20000 to 29999 sq. ft. of land per unit $1,760/unit $2,640 /unit 30000 to 39000 sq. ft. of land per unit $2,185 /unit $3,155 /unit 40000+ sq. ft. of land per unit $2,620/unit $3,635 /unit Agricultural Under 10% of lot impervious EXEMPT More than 10% of lot impervious $13,330 /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 deposited in 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 used 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. Ordinance Repealing Ordinance No. 7&62 Page Four 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 VII 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. 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 "San Ramon Valley Times," a newspaper published in this area. PASSED AND ADOPTED ON July 28, 1992 by the following vote: AYES: Supervisors Powers, Schroder, Torlakson and Powers NOES: None ABSENT: Supervisor Fanden Chair of the Board ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator FORM APPROVED VICTOR J. WESTMAN, qounty Ceu By By Jep ;g Deputy PRD:kd aAda10\teeord.t4