HomeMy WebLinkAboutMINUTES - 11051985 - IO.1 yo,i
TO: BOARD OF SUPERVISORS
FROM: INTERNAL OPERATIONS COMMITTEE Contra
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DATE: November 4, 1985 ,�Wn , ,Q
SUBJECT: Drainage Fees for the Havenwood Subdivision in Brentwood
SPECIFIC REQUEST(S) OR RECOMMENDATION(.S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. Direct County Counsel and Chief Engineer, Contra Costa
County Flood Control and Water Conservation District,
to prepare an exception to applicable flood control
district drainage fee ordinances which will provide
that Subdivision 6200 in the City of Brentwood is
exempt from any additional fees required by Drainage
Area 52-C fee ordinance which exceed the fees attached
as conditions to the tentative subdivision map and
report their recommendations to the Board of
Supervisors acting ex officio as the Board of Directors
of the Contra Costa County Flood Controi and Water
Conservation District.
2 . Direct the Director, Community Development Department,
to review all development fees and make recommendations
to the Board on a fee structure which will
appropriately take into account reduced fees for those
developers which meet certain specified levels of
low-income housing.
3 . Remove this item as a referral to our Committee.
BACKGROUND.
On October 15, 1985, the Board referred to our Committee a
report from the Chief Engineer, Contra Costa County Flood
Control and Water Conservation District, relating to a
request from the developer of Subdivision 6200 that he be
exempted from paying the full drainage fee required by the
Drainage Area 52-C ordinance.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMEND ION BOARD COMMITTEE
X
APPROVE THER
SIGNATURE(S): Tom Torlakson or
ACTION OF BOARD ON November 5, 1985 APPROVED AS RECOMMENDED X- OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
_X_ UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. p
CC: County Administrator ATTESTED / CSS
County Counsel - , --
Community Dev. Director PHIL BATCHELOR, CLERK OF THE BOARD OF
Chief Engineer, Flood Control SUPERVISORS AND COUNTY ADMINISTRATOR
M382/7-83 BY_: �a-a�-�-� DEPUTY
Page 2
On November 4 , 1985 , our Committee met with Mr. Walford, Mr.
Kubicek, and representatives from the Havenwood Subdivision,
along with County Counsel. As Mr. Walford set forth in his
August 13 , 1985 report to the Board on this subject, the
developer paid the fee required as a condition of approval
of the tentative map in 1982 . Subsequent to that time, the
drainage fee ordinance for Drainage Area 527C was
established, which required a substantially higher drainage
fee per acre than had the condition on the tentative map.
The developer did. not obtain his building permits until
after the enactment of the drainage fee ordinance.
Staff has indicated that the developer is required to pay
the increased fee. The developer has pointed out that his
subdivision is relatively unique because it contains a much
higher percentage of low-income housing than had most
subdivisions. Payment of the additional drainage fee cannot
be passed on to the homeowner because doing so would
increase the price of the homes beyond the "low and moderate
income levels" . -
Our Committee believes that we are faced with a relatively
unique situation in which the drainage fee ordinance was
implemented after the condition on the tentative map had
been made, but before the building permits were obtained.
In order to rectify this situation, we believe it is
appropriate to prepare an exception to the applicable
ordinances so that in this unusual situation where a
particularly high percentage of the development consists of
low and moderate income housing, the developer would only
have to comply with payment of the fees which were imposed
at the time the tentative map was approved.
In addition, we believe the Community Development Department
should look more broadly at all other fees under the control
of the Board of Supervisors and recommend an appropriate
policy which would encourage the development of additional
low and moderate income housing.