HomeMy WebLinkAboutMINUTES - 11081988 - T.1 THE BOARDOF 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 November 8, 1988 , by the following
r
vote:
AYES: .:Supervisors Fanden, Torlakson and Schroder
NOES: None
ABSENT: Supervisors Powers and McPeak
ABSTAIN: None Resolution No. 88/712
.(West's -Water Code App:-------
Ch. 63; Sec. 12.2 and 12.3)
SUBJECT: ESTABLISHMENT OF DRAINAGE AREA 57 AND THE INSTITUTION
O A DRAINAGE PLAN THEREFOR AND ADOPTION OF A DRAINAGE
FEE ORDINANCE, MARTINEZ, AREA. PROJECT NO. 7505-
61'8175.
The Bo rd of Supervisors of Contra Costa County, as the
Governing Board of the Contra Costa County Flood Control -and
Water Conse ation District, RESOLVES THAT:
On Sejtember 13, 1988, this Board adopted a Resolution
proposing t� establish Drainage Area 57, institute a drainage
plan, and a opt a drainage fee ordinance for the drainage area;
and
The Board continued the hearing from October 25, 1988 to
November 8, 1988 . On November 8, 1988, pursuant to the Board' s
Resolution Number 88/580 , this Board held a hearing to
consider the establishment of Drainage Area 57 and the
institution of a Drainage Plan and adoption of a Drainage Fee
Ordinance t erefor. All written and oral objections presented
concerning the proposed establishment of Drainage Area . 57,
institution of a drainage plan therefor and adoption of a
drainage fe ordinance were considered; and
This B and finds that any valid written protests filed do
not represent more than one-half of the assessed valuation of
real property contained in proposed Drainage Area 57 . This Board
also FINDS that no written petition for an election, signed by at
least 25 ercent of the registered voters within proposed
Drainage Ar a 57, has been filed; and
It app ars from the affidavits of publication on file with
this Board that all notices required to be given for such a
hearing hav 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
Conservatio District Act; and
This B and hereby CERTIFIES that the Environmental Impact
Report submitted to it by the Community Development Department as
to the environmental impact of the proposed establishment of
Drainage Ar a 57 and institution of the Drainage Plan has been
completed i compliance with the California Environmental Quality
Act, and it has reviewed and considered the comments, responses,
and the inf rmation contained therein; and
This Board hereby FINDS that good cause exists for the
establishment of Drainage Area 57 and ORDERS that Contra Costa
County Flool Control and Water Conservation District Drainage
Area 57 is established. The drainage plan, as shown on the map
entitled, " rainage Area 57, Boundary Map and Drainage Plan" ,
dated June, 1987, is hereby INSTITUTED and the Clerk of the Board
of Supervisors is DIRECTED to file said plan; and
RESOLUTION NO. 88/ 712
This Board hereby ENACTS Ordinance No. 88-86
establishing drainage fees in said Drainage Area; and J
This Board hereby DIRECTS the Chief Engineer to file with
the County Clerk a Notice of Determination for this Project.
e
I hmby eerttfy that tMa is a true and correct copy of
an action taken and entered on the nilnutes of the
Board of Supervisors on tho date shown.
ATTESTCD: Nov s 198a
PHIL BATCHELOR,Clerk of the Board
of Supervisors and County Adminlatrater
9y a� Q
eh1�.U, �s .✓J•Si - Deputy -
UK:SC:dmw
DA57est.tl
Orig. Dept: Public Works Department (FCE)
cc: County Administrator
Community Development
Building Inspection
County Counsel
County_ ssessor
County Treasurer - Tax Collector
County Auditor - Controller
Chief Engineer
Fllood Control Engineering
Accounting
Engineering Services
Ralph Garrow, Inc.
P.O. Box 367
Antioch CA 94509
Gregory Hodges, Development Manager
Citation Homes
5917 Center Avenue, Suite 150
Martinez, CA 94553
Building Industry Association
E�Istern Division
1280 Boulevard Way, #211
Walnut Creek, CA 94596
David Lennon
Hoffman Company
P.O. .Box 907
Concord, CA 94522
William Thompson
Trammell Crow Company
591 Redwood Hwy. , Suite 5275
Mill Valley, CA 94941
City of Martinez
City Hall
525 Henrietta Street
Martinez, CA 94553
RESOLUTION NO. 88/ 712
ORDINANCE NO. 8 8- 8 6
AN ORDINANCE OF WE
COMM COSTA COUNTY FLOOD CIU?ML
AND
vmm COtZIRVATION DISTRICT
G EPAD&M FEES IN VE
CONTRA COSTA COUNTY FLOOD CONTML
AND
10A= COdSERVATICK DISTRICT
EPAIINAGE AREA 57
Me 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:
s=ON I. cpAINxz PLAN. The drainage plan and map entitled "Drainage
Area 57, Boundary Map and Drainage Plan", dated June, 1987, 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 57
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 drainage facilities; that future subdivision and development
of property wi&Lin said drainage area will have a significant adverse inpact' 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 squame 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 showman the drainage plan; and that the drainage facilities planned
are in addition to existing drainage facilities already serving the drainage area
at the time of tie adoption of the drainage plan.
SDCTICN III. E? EMPITONS. Rhe fee shall not be required for the
following: 1) 7�6, replace a structure destroyed or damaged by fire, flood, winds
or other act of God, provided the resultant structure has the same, or less
i
impervious surface as the original re; 2) Tb modify structures or other
impervious surfaces, provided the amount of ground coverage is not increased by
more than 100 square feet; 3) Tb convey land to a goverment 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 Dees have been fully paid previously.
Page 1 of 4
ORDINANCE NO. 83- 86
C '
SECTION Iv., FEE DEFMENi'. 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 goners granting, as collateral,
the development riots to the Board of Supervisors for said area of deferred fee
until such time as the fee is paid.
SECTION V. BUILDING PER-=. Except as permitted under Section III and IV,
the Contra Costa Canty or the city official having jurisdiction shall not issue
any building penimit 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 cal lots for
which the drainage fee has not been paid, the fee shall be $300 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 $0.35 per square foot, but not to exceed the amount required
under Section VIII.
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. Tbwn house, oondcminium,arxi 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 SCHEUXE Building Permit Subdivision
Commercial/Indusltrial/Downtown Office $14,390/acre $ 15,460/acrd
Office (Medium) -.' 12,335/acre 13,785/acre
Office (Light) : 10,320/acre 11,635/acre
Multifamily Residential (Including Mobile
Hoare Parks)
Less than 2,500 sq. ft. of land per unit 11,340/acre 11,340/acre
2,500 to 2,999 to " 670/unlit 670/unit
3,000 to 3,999 to of 770 770 "
4,000 to 4,999 to of 895 " 895 "
5,000 to 5,999 if " 1,025 " 1,025 "
6,000 to 6,999 of " 11150 " 1,150 "
7,000 to 7,999 of " 1,275 " 1,275 "
8,000 + " " 1,335 " 1,335 "
Single Family idential•
4,000 to 4,999 sq. ft. of land per unit $ 940/unit $ 1,510/unit
5,000 to 5,999 of is 985 " 1,570 "
6,000 to 6,999 of of 1,025 10 1,635 It
7,000 to 7,999 " " 1,070 " 1,700 it
8,000 to 9,999 It 1° 1,130 " 1,790 °°
10,000 to 13,999 " " 1,255 " 1,970 it
Page 2 of 4
i
14,000 to 19,999 " " 1,465 " 2,270 "
20,000 to 29,999 i' " 1,815 " 2,720 "
30,000 to 39,999 " " 2,250 " 3,250 "
40,000 + " " 2,700 " 3,840 "
Agricultural:
Under 10% of lot impervious E=Vt
More than 10% of lot impervious 13,720/acre of developed portion
On singlemily lots, barns and sheds in excess of 400 square feet and
tennis and spotcourts shall not be considered as incidental residential
facilities includ in the above fee schedule. The drainage fee for the portion
of these facili ies 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 of this ordinance, subject to Section VI, lot size shall
be: (1) for ting lots, that land shown on the latest equalized assessment
moll as a lot; r (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 taining only one dwelling unit. For multifamily residential
(including mobile home parks) the "square feet of land per unit" shall be the
quotient abtain� by dividing the lot size in squame feet by the number of
dwelling units p to be on the lot.
SECTION VI I. FEE PAYMENT. The official having jurisdiction may accept
cash or check, or, when authorized by the District's Chief Euhgineer,_.other____ __
consideration as actual construction of a part of the planned drainage
facilities by thB applicant or his principal. All fees collected hereunder shall
be paid into tkx Cbunty Treasury to the account of the drainage facilities fund
established for drainage area. Monies in said fund shall be eked solely
for land acquisition, construction, engineering, administration, repair
maintenance and tion 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 bonded indebtedness of the drainage area.
SECTION IX: CREDIT. Drainage fees previously paid shall be credited as
follows:
a) mere inage fees have been partially paid under a former ordinance,
fees 1 not be required for any part of the total area for which the
feewa� paid.
i+
b) here drainage fees have been paid other than pursuant to an adopted
drain a fee ordinance, credit shall be given for the dollar amount of
the f paid for the development site.
c) Where inage fees have been paid pursuant to this ordinance or other
o based on impervious surface, the credit shall be based on the
o in effect at the time of the additional payment.
Page 3 of 4
f
SBCrICK X. EFF=IVE DATE. This ordinance becomes effective 60 days after
passage, and wi 15 days of passage shall 'be published once with the names of
supervisors vot for and against it in the Martinez News Gazette, a newspaper
published in caunty.
PASSED AND ADOPTED ON November 8 , 1988, by the following vote:
AYES: S pervisors Fanden, Torlakson and Schroder
NOES: N n e
ABSENT': S pervisors Powers and MCPea
Quad r of the
AWEST: PHIL BiTCHEIDR, Clerk of the
Board o f Supervisors and
County Administrator
Deputy
,t
SC:sj
UK:DA570rd.t6
Page 4 of 4
ORDINANCE NO. 88-86