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HomeMy WebLinkAboutMINUTES - 01101989 - 1.28 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 January 10, 1989 by the following vote: AYES: Supervisors Powers , Fanden, McPeak, Torlakson & Schroder NOES: None ABSENT: None RESOLUTION NO. 89/ 4 (West's Water ode App. ABSTAIN: None Ch. 63, Sec. 12 .2 and 12 . 3) SUBJECT: Notification of Hearing to Consider the Establishment of Drainage Area 67, to Institute Drainage Plans Therefor, and to Enact a Drainage Fee Ordinance, Walnut Creek Area. Project # 7505-6F8265. 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 said Governing Board to establish drainage areas, institute drainage plans therefor, and enact drainage fee ordinances. This Board has before it for consideration the proposed establishment of Drainage Area 67 . This Board also has before it the Engineer's Report and the Drainage Plan, entitled "Drainage Area 67, Boundary Map and Drainage Plan" , dated February, 1988, proposed to be instituted for Drainage Area 67. Said documents, which show the general location of said 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. A proposed drainage fee ordinance, providing for all or part payment of the facilities described in said drainage plan, is attached hereto and marked Exhibit "B" . It is proposed that Drainage Area 67 be established, that a drainage plan be instituted therefor, and that the attached drainage fee ordinance be enacted. At 11: 00 a.m. on February 14 , 1989, in the Chambers of the Board of Supervisors , Administration Building, Martinez, California, this Board will conduct a public hearing on the proposed establishment of said Drainage Area and the enactment of the attached drainage fee ordinance and the drainage plan for said Drainage Area. At said hearing this Board will consider and act upon the Environmental Impact Report and will hear and pass upon any and all written or oral objections to the establishment of Drainage Area 67, the institution of the drainage plan therefor, and the enactment of the proposed drainage fee - ordinance for Drainage Area 67. � Upon conclusion of the hearing, the Board may abandon the proposed actions, or proceed with the same. - 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 "Contra Costa Times", a newspaper of general circulation, RESOLUTION NO. 89/4 circulated in the area proposed to be formed into said drainage area. 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 exterior boundaries of said Drainage Area include lands within the City of Walnut Creek and the City of Lafayette. The Clerk of this Board is DIRECTED to forward to the governing body of said City a copy of this Resolution at least twenty (20) days before the above noted hearing. Exhibit "A" is not a part of this document. I herehy 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 date shown. ATTESTED: JAN 10 1989 PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator By rfla� A� , Deputy DHE:dmw BO:DA67Not.t2 Orig. Dept. : Public Works Department (FCE) cc: County Administrator Community Development Building Inspection County Counsel County Assessor County Treasurer - Tax Collector County Auditor - Controller City of Richmond Chief Engineer Flood Control Engineering Accounting Engineering Services Ralph Garrow, Inc. P.O. Box 367 Antioch CA 94509 Gregory Hodges, Development Manager Citation Homes 597 Center Avenue, Suite 150 Martinez, CA 94553 Building Industry Association Eastern 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- Lafayette City Hall 251 Lafayette Circle Lafayette, CA 94549 City of Walnut Creek City Hall 1666 N. Main Street Walnut Creek, CA 94596 RESOLUTION NO. 89/4 EDUJIBIT "B" ORDINANCE NO. AN ORDINANCE OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ESTABT ISHING DRAINAGE FEES IN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 67 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 I. DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 67, Boundary Map and Drainage Plan", dated February, 1988, 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 67 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 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; 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. 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) Tb 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 DEFERMERT'. 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. SECI'1ON V. BUILDING PERMITS. 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 Section VII. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be $325.00 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 $0.38 per square foot, but not to exceed the amount required under Section VII. ORDINANCE NO. 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, condoni.nium,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 $15,625/acre $16,785/acre Office (Medium) : 13,390/acre 14,965/acre Office (Light) : 11,205/acre 12,630/acre Multifamily Residential (Including Mobile Hone Parks) • Less than 2,500 sq. ft. of land per unit 12,310/acre 12,310/acre 2,500 to 2,999 it if 730/unit 730/unit 3,000 to 3,999 if it 835 " 835 " 4,000 to 4,999 if if 975 " 975 " 5,000 to 5,999 " " 1,115 " 1,115 " 6,000 to 6,999 " " 1,250 " 1,250 " 7,000 to 7,999 " " 1,385 " 1,385 " 8,000 + " " 1,450 " 1,450 " Simle Family Residential: 4,000 to 4,999 sq. ft. of land per unit $1,020/unit $1,640/unit 5,000 to 5,999 " " 1,070 " 10,705 " 6,000 to 6,999 " " 1,115 " 1,775 " 7,000 to 7,999 " " 1,160 " 1,845 " 8,000 to 9,999 " " 1,230 " 11940 " 10,000 to 13,999 " " 1,365 " 2,140 " 14,000 to 19,999 " " 1,590 " 2,460 " 20,000 to 29,999 " " 1,970 " 2,955 " 30,000 to .39,999 " " 2,445 " 3,525 " 40,000 + " " 2,930 " 4,060 " Agricultural: Under 10% of lot impervious Exempt More than 10% of lot impervious 14,895/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 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 he: (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 hone 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 PAYMERr. 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. SECTION IX: CREDIT. Drainage fees previously paid shall be credited as follows: a) Where drainage fees have been partially paid under a former Ordinance, fees shall not be required for any part of the total area for which the fee was paid. b) 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. c) 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. r d) Where drainage fees or mitigation work have been paid or completed under the City of Walnut Creek PD-1319 and PD-1668, fees will not be required for any developanent in Rossmoor which drains into the Tice Creek mitigation basin at Tice Valley Boulevard and Rossmoor Parkway. 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 Contra Costa Times, a newspaper published in this county. PASSED AND ADOPTED ON , by the following vote: AYES: NOES: ABSENT: -Chairman of the Board ATTEST: PHIL BAMMOR, Clerk of the Board of Supervisors and County Administrator By _.. Deputy UK:EM:dmw DA670rd.t2 ORDINANCE NO.