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HomeMy WebLinkAboutRESOLUTIONS - 05011990 - 90/2551-027 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 May 1, 1990 by the following vote: AYES: Supervisors Schroder, McPeak, Torlakson and Fanden NOES: None ABSENT: Supervisor Powers ABSTAIN: None RESOLUTION NO. 90/ 255 West's Water Code App. Ch. 63, Sec. 12.2 and 12.3) SUBJECT: Notification of Hearing to Consider the Repeal of Drainage Fee Ordinance No. 79-82, and the Adoption of a New Drainage Fee Ordinance for Drainage Area 52B, Brentwood Area. Project No. 7549-6D8226 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, 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 the adoption of the proposed new drainage fee ordinance for Drainage Area 52B, which is attached hereto and marked Exhibit "B, " providing for payment of the cost of the facilities described in said drainage plan. This Board also has before it the updated engineer's report, entitled "Engineer's Report for the Amendment of the Drainage Fee Ordinance for the Contra Costa County Flood Control and Water Conservation District Drainage Area 52B, " and a drainage plan entitled "Drainage Area 52B, Boundary Map and Drainage Plan" , dated February 1979. The plan is attached hereto. Said documents, which show the general location of the drainage area and provide an estimate of the cost of the facilities to be borne by property in the drainage area, 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 It is proposed that the existing drainage fee Ordinance No. 79-82 be repealed and that the attached drainage fee ordinance be adopted. At 11:00 a.m. on June 12, 1990, in the Chambers of the Board of Supervisors, Administration Building, Martinez, California, this Board will conduct a public hearing on the proposed adoption of the drainage fee ordinance. At said hearing this Board will consider and will hear and pass upon any and all written or oral objections to the adoption of the drainage fee ordinance. Upon conclusion of the hearing, the Board may abandon the proposed adoption of the drainage fee ordinance, or proceed with the same. Resolution 9o/ 255 Board of Supervisors Drainage Area 52B May 1, 1990 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 Brentwood News, a newspaper of general circulation, circulated in the area of Drainage Area 52B. 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 54992 (a) . Said mailing shall be performed at least fourteen (14) days prior to the hearing. IT IS FURTHER RESOLVED that the exterior boundaries of said drainage, area include lands within the City of Brentwood. The Clerk of this Board is DIRECTED to forward to the governing body of said cities a copy of this Resolution at least twenty (20) days before the above noted hearing. EXHIBIT "A" is not required for this action. I hereby certify that this is a irue and correct copy of an action taken ano entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: MAY 1 1990 PHIL BATCHELOR,Clerk of the Board of Supervisors and C unty Administrator Deputy SK:dmw a: 52BNot.DA 4/90 Orig. Dept: 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 Ralph Garrow & Cardinale P.O. Box 367 Antioch CA 94509 Building Industry Association Eastern Division 1280 Boulevard Way, #211 Walnut Creek, CA 94596 David Lennon Hoffman Company P.O. Box 907 Concord, CA 94522 Steve Millar Warmington Homes 3160 Crow Canyon Place, Suite 200 San Ramon, CA 94583 Resolution 90/ 255 EMIBIT "B" AN ORDINANCE REPEALING ORDINANCE NO. 79-82 OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSETMATION DISTRICT ERAIlNAGE AREA 52B AND ESTABLISHING A EPAINAGE FEE ORDINANCE BASED ON IMPERVIOUS SURFACE AREA SECTION 1. Ordinance No. 79-82 of the Contra costa County Flood control and Water Conservation District is hereby repealed. SEMON 2. The Board adopts the following as the drainage fee ordinance for the Drainage Area 52B. 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: SEMoN I. ERAINAGE PLAN. The drainage plan and map entitled "Drainage Area 52B, Boundary Map and Drainage Plan", dated February, 1979, was adopted as the drainage plan for the Contra Costa County Flood Control and Water Conservation District Drainage Area 52B pux-scant to Sec.-tions 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 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. SECTION III. EXEMPTIONS. The fee shall not be required for the following: 1) rib 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 DUMMu. 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 PEMIITS. 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 Sec,-tion VII. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be $190 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 $0.22 per square foot, but not to exceed the amount required Linder Section VII. ORDINANCE NO. 90/ Page 1 of 3 SECTION VI. SUBDIVISIONS. Except as permitted tinder 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 Building Permit Subdivision Commercial/Industrial/Downtown Office 9,045/acre 9,715/acre Office (Medium) : 7,755/acre 8,665/acre Office (Light) : 6,490/acre 7,315/acre Multifamily Residential (Including Mobile Home Parks) : Less than 2,500 sq. ft. of land per unit 7,130/acre 7,130/acre 2,500 to 2,999 it 420/unit 420/unit 3,000 to 3,999 of 485 " 485 " 4,000 to 4,999 of of 565 " 565 " 5,000 to 5,999 if of 645 " 645 " 6,000 to 6,999 of Is 725 " 725 " 7,000 to 7,999 if of 800 " 800 " 8,000 + if 840 " 840 " Single Family Residential: 4,000 to 4,999 sq. ft. of land per unit 590/unit 950/unit 5,000 to 5,999 of of 620 " 990 " 6,000 to 6,999 if 645 "1,025 " 7,000 to 7,999 of of 670 "1,065 " 8,000 to 9,999 of of 710 "1,125 " 10,000 to 13,999 of of 790 "1,240 " 14,000 to 19,999 if of 920 "1,425 " 20,000 to 29,999 " 1,140 "1,710 " 30,000 to 39,999 if of 1,415 "2,040 " 40,000 + if it 1,695 "2,350 " Agricultural• Under 10% of lot impervious Exempt More than 10% of lot impervious 8,625/acre of developed portion On single family lots, barns arra 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 PAYMENr. 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 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 reimbursement 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. ORDINANCE NO. 90/ Page 2 of 3 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 ordinanoe basedon impervious surface area for which the fee was paid. However, fees shall be payable Colder 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 develcpTkent 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 "Brentwood News," a newspaper published in this area. PASSED AND ADOPTED ON by the following vote: AYES: NOES: ABSENT: Chair of the Board ATTEST: PHIL BAZAR, Clerk of the Board of Supervisors and Caounty Administrator By beprty SNC:dmw a:52Bord.da ORDDMCE NO. 90/ Page 3 of 3