HomeMy WebLinkAboutMINUTES - 09211993 - H.1 THE BOARD OF SUPERVISORS OF CON-IRA COSTA COUNTY, CALIFORNIA
AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
Adopted this Resolution on September 21, 1993, by the following vote:
AYES: Supervisors Powers, Smith, Bishop, MePeak and Torlakson
NOES: None
ABSENT: None
ABSTAIN: None Resolution No. 93/ 550
(West's Water Code App.
Ch. 13, Sec. 12.2 and 12.3)
SUBJECT: Repeal of Drainage Fee Ordinance No. 84-12, and the Adoption of a new
Drainage Fee Ordinance for Drainage Area 48C, West Pittsburg. Project No.
7572-6D8205.
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 August 10, 1993, this Board set a public hearing to consider the repeal of the existing
Drainage Fee Ordinance 84-12 and the adoption of a new drainage fee ordinance to
increase drainage fees in Drainage Area 48C.
On September 21, 1993, pursuant to the Board's Resolution of August 10, 1993, this Board
held a hearing to consider the repeal of Drainage Fee Ordinance 8412 and adoption of a
new drainage fee ordinance. At which time all written and oral objections presented
concerning these 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 48C. 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 48C, 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 and in accordance with
the provisions of the Board's Resolution of August 10, 1993.
The purpose of the drainage fees described in this resolution is to generate monies to
finance drainage improvements in Drainage Area 48C. The fees will be used to finance the
drainage facilities listed in the 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 development will provide
necessary infrastructure to mitigate adverse drainage impacts that would otherwise result
from such development.
This Board further FINDS that the repeal of Drainage Fee Ordinance No. 84-12 and
adoption of a new drainage fee ordinance for Drainage Area 48C is not subject to the
California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of Article..
5, CEQA guidelines.
Resolution 93/3 50
Repeal Drainage Fee Ordinance No. 84-12
Adoption of Drainage Fee Ordinance for Drainage Area 48C
Date: September 21, 1993
Page Two
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 48C, and this Board hereby ENACTS Ordinance No. 93-73 This Board
hereby also REPEALS the existing Drainage Fee Ordinance No. 84-12.
This Board hereby DIRECTS the Director of Community Development to file a Notice of
Exemption with the County Clerk.
This Board hereby DIRECTS the Chief Engineer to arrange for payment of the $25
handling fee for filing of the Notice of Exemption.
i hereby certify trial tris is a true and correct copy
an action taken and entered on the minutes of tre
Board of Supervisors on the date shown.
ATTESTED: -RFP 2 11993
PHIL BATCHELOR,Clerk of the Board
Of tutpervfsors and nfy Administrator
J
BY . ,Oeputy
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Contact: M. Morton 313-2285
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
Building Industry Association
P.O. Box 5160
San Ramon, CA 94583
David Lennon
Hofman Company
P.O. Box 907
Concord, CA 94522
Dennis J. Razzari
Davidon Homes
1600 S. Main Street #150
Walnut Creek, CA 94596
M
ORDINANCE NO. 93,-73
AN ORDINANCE REPEALING ORDINANCE NO. 84-12
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 48C
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. 84-12 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 48C:
SECTION I. DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 48C,
Boundary Map and Drainage Plan", dated January, 1984, 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 48C 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 or included in the Engineer's Report; 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.
Ordinance Repealing Ordinance No. 84-12
Page Two
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, 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 $379 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 $0.43 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.
Ordinance Repealing Ordinance No. 8412
Page Three
SECTION VII. FEE SCHEDULE.
Development Type Building Permit Subdivision
Commercial/Industrial/Downtown Office $17,680 /acre $18,995 /acre
Office (Medium) $15,155 /acre $16,935 /acre
Office (Light) $12,680 /acre $14,295 /acre
Multifamily Residential (Includes Mobile Home Parks)
Less than 2,500 sq. ft. of land per unit $13,930 /acre $13,930 /acre
2500 to 2999 sq. ft. of land per unit $ 825 /unit $ 825 /unit
3000 to 3999 sq. ft. of land per unit $ 945 /unit $ 945 /unit
4000 to 4999 sq. ft. of land per unit $ 1,100 /unit $ 1,100 /unit
5000 to 5999 sq. ft. of land per unit $ 1,260 /unit $ 1,260 /unit
6000 to 6999 sq. ft. of land per unit $ 1,415 /unit $ 1,415 /unit
7000 to 7999 sq. ft. of land per unit $ 1,565 /unit $ 1,565 /unit
8000+ sq. ft. of land per unit $ 1,645 /unit $ 1,645 /unit
Development Type Building Permit Subdivision
Single Family Residential
4000 to 4999 sq. ft. of land per unit $1,155 /unit $1,855 /unit
5000 to 5999 sq. ft. of land per unit $1,210 /unit $1,930 /unit
6000 to 6999 sq. ft. of land per unit $1,260 /unit $2,010 /unit
7000 to 7999 sq. ft. of land per unit $1,310 /unit $2,085 /unit
8000 to 9999 sq. ft. of land per unit $1,390 /unit $2,195 /unit
10000 to 13999 sq. ft. of land per unit $1,545 /unit $2,420 /unit
14000 to 19999 sq. ft. of land per unit $1,800 /unit $2,785 /unit
20000 to 29999 sq. ft. of land per unit $2,225 /unit $3,340 /unit
30000 to 39000 sq. ft. of land per unit $2,765 /unit $3,990 /unit
40000+ sq. ft. of land per unit $3,315 /unit $4,595 /unit
Agricultural
Under 10% of lot impervious EXEMPT
More than 10% of lot impervious $16,860 /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.
i
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.
Ordinance Repealing Ordinance No. 84-12
Page Four
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.
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 "Pittsburg Post-Dispatch a newspaper published in this area.
PASSED AND ADOPTED ON Seytember 21. 1993 by the following vote:
AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson
NOES: None
ABSENT: None /dw
Chair of the.Board
ATTEST: PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
By .
Deputy
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