HomeMy WebLinkAboutMINUTES - 09281993 - 1.64 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
AS TIIE GOVERNING BODY OF THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
Adopted this Resolution on September 28, 1993, by the following vote:
AYES: &ipervisbrs Powers;. SmitK-j:;,.Bishop) WPeak Ahd-Totlakson
NOES: None
ABSENT: None
ABSTAIN: None RESOLUTION NO. 931--L-—6
(West's Water Code App.
Ch. 63, Sec. 12.2 and 12.3)
SUBJECT: Notification of Hearing to Consider an Amendment of the Drainage Plan, the
Repeal of Drainage Fee Ordinance No. 84-89 and Adoption of a new
Drainage Fee Ordinance for Drainage Area 29C, Oakley area.
Project No. 7555-6D8228
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:
The Contra Costa County Flood Control and Water Conservation District Act, hereinafter
referred to as Act, provides authority for the filing of supplementary, amendatory and
additional engineer's reports and for the adoption of drainage fee ordinances.
This Board has before it for consideration an amendment to the Drainage Plan for Drainage
Area 29C. The amendment provides for adjustments in drainage pipe lengths, sizes and
locations.
This Board has before it for consideration the adoption of the proposed new drainage fee
ordinance for Drainage Area 29C, which is attached hereto and marked Exhibit "A,"
providing for payment of the increased cost of the facilities described in said drainage plan.
This Board also has before it the Engineer's Report entitled "Engineer's Report for the
Amendment of the Drainage Plan, the Repeal of Drainage Fee Ordinance 84-89, and
Adoption of a new Drainage Fee Ordinance for the Contra Costa County Flood Control and
Water Conservation District Drainage Area 29C", and the drainage plan entitled "Drainage
Area 29C, Boundary Map and Amended Drainage Plan", dated August, 1993, proposed to
be instituted for Drainage Area 29C. Said documents which show the general location of
the proposed drainage lines under the plan amendment and provide an explanation for the
addition to the existing drainage fee within Drainage Area 29C, are on file with, and may
be examined at, the office of the Clerk of the Board of Supervisors,Administration Building,
Martinez, California.
It is proposed that the Boundary Map and Amended Drainage Plan, dated August, 1993, be
instituted and the existing Drainage Fee Ordinance No. 84-89 be repealed and that the
attached drainage fee ordinance be adopted.
At 11 a.m. on November 9, 1993, in the Chambers of the Board of Supervisors,
Administration Building, Martinez, California, this Board will conduct a public hearing on
the proposed repeal of the existing drainage fee ordinance and adoption of the new drainage
fee ordinance. At said hearing this Board will consider and will bear and pass upon any and
all written or oral objections to the proposed action. Upon conclusion of the hearing, the
Board may abandon the proposed repeal of the existing drainage fee ordinance .and
adoption of a new drainage fee ordinance or proceed with the same.
Resolution 93
,
Repeal of Drainage Fee Ordinance No. 84-89
Drainage Area 29C
September 28, 1993
Page Two
The Clerk of this Board is DIRECTED to publish a Notice of the Hearing, pursuant to
Government Code Section 6066, once a week for two (2) successive weeks prior to the
hearing in the Daily Ledger Post Dispatch, a newspaper of general circulation, circulated in
Drainage Area 29C. 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 Clerk of the Board is further DIRECTED to mail 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 54986(a)
and 66016(a). Said mailing shall be performed at least fourteen (14) days prior to the
hearing.
I hereby certify that this is a true and correct copy it
an action taken and entemd on the minutes of the
Hoard of Supervisorsc�the date shown.
ATTESTED: SEP Li H 199'a
PHIL BATCHELOR,Clerk of the Board
offSSuponnMsm and Cou{/n y Administrator
SC:kd
C:BO\BORES28B.T9
Contact: P. Harrington 313-2270
Originator: 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
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
ORDINANCE NO. 93/
AN ORDINANCE REPEALING ORDINANCE NO. 84-89
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 29C
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. 84-89 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 29C:
SECTION I. DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 29C,
Boundary Map and Amended Drainage Plan", dated August, 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 29C 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 29C, Boundary Map and Amended Drainage Plan" dated August, 1993.
SECTION ll. 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. 84-89
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 $415 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 $0.47 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 NO. 93/
r
Ordinance Repealing Ordinance No. 84-89
Page Three
SECTION VII. FEE SCHEDULE.
Development Type Building Permit Subdivision
Commercial/Industrial/ $19,325 /acre $20,760 /acre
Downtown Office
Office (Medium) $16,565 /acre $18,510 /acre
Office (Light) $13,860 /acre $15,625 /acre
Multifamily Residential (Includes Mobile Home Parks)
Less than 2,500 sq. ft. of land per unit $15,230 /acre $15,230 /acre
2500 to 2999 sq. ft. of land per unit $ 900 /unit $ 900 /unit
3000 to 3999 sq. ft. of land per unit $ 1,035 /unit $ 1,035 /unit
4000 to 4999 sq. ft. of land per unit $ 1,205 /unit $ 1,205 /unit
5000 to 5999 sq. ft. of land per unit $ 1,375 /unit $ 1,375 /unit
6000 to 6999 sq. ft. of land per unit $ 1,545 /unit $ 1,545 /unit
7000 to 7999 sq. ft. of land per unit $ 1,710 /unit $ 1,710 /unit
8000+ sq. ft. of land per unit $ 1,795 /unit $ 1,795 /unit
Development Type Building Permit Subdivision
Single Family Residential
4,000 to 4,999 sq. ft. of land per unit $1,265/unit $2,025/unit
5,000 to 5,999 sq. ft. of land per unit $1,320/unit $2,110/unit
6,000 to 6,999 sq. ft. of land per unit $1,375/unit $2,195/unit
7,000 to 7,999 sq. ft. of land per unit $1,435/unit $2,280/unit
8,000 to 9,999 sq. ft. of land per unit $1,520/unit $2,400/unit
10,000 to 13,999 sq. ft. of land per unit $1,685/unit $2,645/unit
14,000 to 19,999 sq. ft. of land per unit $1,970/unit $3,045/unit
20,000 to 29,999 sq. ft. of land per unit $2,435/unit $3,650/unit
30,000 to 39,999 sq. ft. of land per unit $3,020/unit $4,360/unit
40,000+ sq. ft. of land per unit $3,625/unit $5,025/unit
AGRICULTURAL
Under 10 percent of lot impervious EXEMPT
More than 10 percent of lot impervious $18,425/acre of developed portion
ORDINANCE.NO. 93/
1
Ordinance Repealing Ordinance No. 84-89
Page Four
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 solelyfor 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 "Daily Ledger Post Dispatch" a newspaper published in this area.
ORDINANCE NO. 93/
Ordinance Repealing Ordinance No. 84-89
Page Five
PASSED AND ADOPTED ON by the following vote:
AYES:
NOES:
ABSENT:
Chair of the Board
ATTEST: PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
By
Deputy
SC:kd
C:BO\DA29C.t8
ORDINANCE NO. 93/