HomeMy WebLinkAboutMINUTES - 01081985 - 1.34 /.3
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on January 8, 1985, by the following vote:
AYES: Supervisors Powers , Fanden, Schroder, McPeak $ Torlakson
NOES: ' None
ABSENT: None
ABSTAIN: None
nrrnr JrT��, �,n 85, 15
(West's Wat. Code App.
Ch. 63, ',,Sec. 12.2 and 12.3)
SUBJECT: Notification of Hearing to Consider the Amendment of the Drainage
Fee Ordinance for Drainage Area 15A, Walnut Creek area.
Project No. 7559-6F8205.
The Board of Supervisors of Contra Costa County, as the Governing
Board of the Contra Costa County Flood Control and Water Conservation
District, RESOLVES THAT:
The Contra Costa County Flood Control and Water Conservation
District Act, herein referred to as Act, provides authority for its governing
board to enact drainage fee ordinances.
This Board has before it for consideration the proposed amendment
of the drainage fee ordinance for Drainage Area 15A.
The Board further has before it the Engineer's Report and the
drainage plan entitled "Drainage Area 15A, Boundary Map and Drainage Plan,"
dated October, 1978. Said documents, which show the general location of
said area and provide an estimate of the cost of the facilities to be
installed, are on file with, and may be examined at, the office of the Clerk
of Board of Supervisors, Administration Building, Martinez, California. A
proposed drainage fee ordinance, providing for payment for the facilities
described in said drainage plan, is attached hereto and marked Exhibit A.
It is proposed that the attached drainage fee ordinance be enacted.
At 10:30 a.m. on February 19, 1985, in the Chambers of the Board
of Supervisors, Administration Building, Martinez, California, this Board
will conduct a public hearing on the adoption of the attached drainage
fee ordinance for Drainage Area 15A. At said hearing, this Board will
hear and pass upon any and all written or oral objections to the enactment
of the attached drainage fee ordinance. Upon conclusion of the hearing,
the Board may abandon the proposed enactment of the attached drainage fee
ordinance, or proceed with the same.
RESOLUTION NO. 85J 15
The Clerk of the Board is DIRECTED to publish a Notice of the Hearing,
pursuant to Government Code SS6066, once a week for two (2) successive
weeks, prior to the hearing, in the "Contra Costa Times", a newspaper of
general circulation, circulated in Drainage Area 15A. 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.
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 dato shown.
ATTESTED: JAN 8 1985
PHIL BATCHELOR, Clerk of the Boars!
of Supervisors and County Administrator
By Ck _ Deputy
Orig. Dept. Public Works Department, Flood Control Planning
cc: County Administrator
County Counsel
Public Works Director
Flood Control Planning
Land Development
Accounting
Planning Department
Building Inspection
County Assessor
County Treasurer - Tax Collector
County Auditor - Controller
Ralph Garrow, Inc.
P. 0. Box 367
Antioch, CA 94509
Building Industry Assoc.
of No. California
1280 Boulevard Way
Walnut Creek, CA 94595
City of Walnut Creek
P. 0. Box 8039
Walnut Creek, CA 94596
UK:DAI5A.BD.ORD
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RESOLUTION NO. 85/15
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EXHIBIT "A"
ORDINANCE NO. 85-
AN ORDINANCE REPEALING ORDINANCE NO. 79-23
OF THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
AND SUBSTITUTING A DRAINAGE FEE ORDINANCE
BASED ON IMPERVIOUS SURFACE AREA
WITHIN THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
DRAINAGE AREA 15A
The Board of Supervisors of Contra Costa County as the governing
board of the Contra Costa County Flood Control and Water Conservation
District does ordain as follows:
SECTION 1. Ordinance No. 79-23 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 15A:
SECTION I. DRAINAGE FEE ORDINANCE. This Board finds and determines
that a drainage fee ordinance, based on impervious surface created, more
equitably apportion fees to types of development than one based on a uniform
fee per acre, 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 serving
the drainage area at the time of the adoption of the drainage plan.
SECTION II. EXEMPTIONS. The fee shall not be required for the
following: I)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 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 under former
Ordinance NO. 79-23.
EXHIBIT "A"
SECTION III. 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 IV. BUILDING PERMITS. Except as permitted under
Sections II and III, 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 VI . 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 causes 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 35
cents per square foot, but not to exceed the amount required under Section VI.
SECTION V. SUBDIVISIONS. Except as permitted under Sections II
and III, 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 VI.
EXHIBIT "A"
SECTION VI . FEE SCHEDULE.
Building Permit Subdivision
Commercial/Industrial/Downtown Office $14,390/acre 15,460/acre
Office (Medium) : 12,335/acre 13,785/acre
Office Li ht : 10,320/acre 11,635/acre
Multifamily Residential (Including Mobile
Home Parks) :
Less than 2,500 sq. ft. of land per unit 11,340/acre 11,340/acre
2,500 to 2,999 if " 670/unit 670/unit
3,000 to 3,999 " If
770 " 770 If
4,000 to 4,999 " " 895 If 895 If
5,000 to 5,999 it If
1,025 If 1,025 If
6,000 to 6,999 " " 1,150 If 1,150 If
7,000 to 7,999 " " 1,275 " 1,275 "
8,000 + 1,335 1,335 "
Single Family Residential :
4,000 to 4,999 sq. ft, of land per unit 940/unit 1,510/unit
5,000 to 5,999 " " 985 " 1,570 If
6,000 to 6,999 " " 1,025 " 1,635 If
7,000 to 7,999 " " 1,070 If 1,700 If
8,000 to 9,999 " " 1,130 If 1,790 If
10,000 to 13,999 1,255 of 1,970 "
14,000 to 19,999 1,465 2,270 "
20,000 to 29,999 1,815 2,720 "
30,000 to 39,999 " " 2,250 " 3,250 If
40,000 + " " 2,700 " 3,740 If
A ricultural •
Under 0% of� lot impervious Exempt
More than 10% of lot impervious $13,720/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 IV, and it shall be in
addition to the above fee amounts.
For the purpose of this ordinance, subject to Section V, 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 VII. 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
EXHIBIT "A"
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 reimburse-
ment 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 VIII. CREDIT. Drainage fees previously paid shall be
credited as follows: 1) Where drainage fees have been partially paid
under former Ordinance No. 79-23, fees shall not be required for any part of
the total area for which the fee was paid; 2) 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; 3)
Where drainage fees have been paid pursuant to this ordinance or other
ordinance based on impervious surface, the credit shall be based on the
ordinance in effect at the time of the additional payment.
SECTION 3. EFFECTIVE DATE. This ordinance becomes effective
30 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 ON by the following vote:
AYES: Supervisors -
NOES: Supervisors -
ABSENT: Supervisors -
Chairman of the Board
ATTEST: J. R. OLSSON, County Clerk
and ex officio Clerk of the Board
By
Deputy
UK:DAI5A.EXH.A