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HomeMy WebLinkAboutMINUTES - 10101989 - 1.15 C. A i THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1-015 Adopted this Resolution on 0-ctober 10 , 1989 , by the following vote:, AYES: Supervisors Powers , Fanden, Schroder, McPeak & Torlakson NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 89/661 (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. 86-42 , Adoption of a New Drainage Fee Ordinance and Amendment of a drainage plan entitled "Drainage Area 48B, Boundary Map and Amended Drainage Plan" dated September, 1989 for Drainage Area 48B, Pittsburg. Area. Project No. 7574-6D8228 . 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 the updated engineer's report, entitled "Engineer's Report for an Update of the Drainage Fee Ordinance and Boundary Map and Drainage Plan for the Contra Costa County Flood Control and Water Conservation District Drainage Area 48B, " and an amended drainage plan entitled "Drainage Area 48B, Boundary Map " and Amended Drainage Plan", dated September, 1989. The amended plan is attached hereto. Said documents, which show the general location of the drainage area and provide an updated 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. This Board also has before it for consideration the adoption of the proposed new drainage fee ordinance, which is attached hereto and marked Exhibit "A, " providing for payment of the increased cost of the facilities described in said drainage plan. It is proposed that the existing drainage fee Ordinance No. 86-42 be repealed and that the attached drainage fee ordinance be adopted. At 11 a.m. on November 28, 198,9, 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 and amendment to the drainage plan. 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 and amendment to the drainage plan. Upon conclusion of the hearing, the Board may abandon the proposed adoption of the drainage fee ordinance and amendment to the drainage plan, or proceed with the same. RESOLUTION NO. 89/661 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 Pittsburg Post Dispatch, a newspaper of general circulation, circulated in Drainage Area 48B. 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. 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 o1l n the date shown. ATTESTED: OCT 10 1989n PHIL BATCHELOR,Clerk of the Boar of Supervisors and County Administrator /� r or _/, Aa r...Deputy NCW:dmw BO:DA48B.Not 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 Gregory Hodges, Development Manager Citation Builders 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 Steve Millar Warmington Homes 3160 Crow Canyon Place, Suite 200 San Ramon, CA 94583 RESOLUTION NO. 89/ hfil r ,i EMIXT "A" ORDINANCE.NO. 89- AN ORDINANCE REPEALING ORDINANCE NO. 86-42 OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND SJBSTM TTING A NEW ERAINAGE FEE ORDINANCE WITHIN CONTRA COSTA COUNTY FIOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 48B The Board of Supervisors of .Contra Costa County, as the governing body of the Contra Costa County Flood Control and Water Conservation District, ordains follows: SECTION 1. Ordinance No. 86-42 of the Contra Costa County Flood Control and Water Conservation District is hereby repealed. SECTION 2. The Board hereby enacts the following as the drainage fee ordinance for Drainage Area 48B: SECTION I. DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 48B, Boundary Map and Amended Drainage Plan", dated September 1989, 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 48B 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) 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 DEFMUM. 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 Contra Costa County Flood Control and Water Conservation District for said area of deferred fee until such time as the fee is paid. ORDINANCE NO. 89/ Page 1 of 3 r SECTION V. BUILDING PEIMTS. 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 $230 per pool. For other con- struction, modifications or replacements to an existing facility that cause an increase in imgpervious 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 $0.27 per square foot, but not to exceed the amount required under Section VII. 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, 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 $11,100/acre $11,925/acre Office (Medium) : 9,515/acre 10,630/acre Office (Light) : 7,960/acre 8,975/acre Multifamily Residential (IncludiM Mobile Home Parks) : Less than 2,500 sq. ft. of land per unit 8,750/acre 8,750/acre 2,500 to 2,999 of to 520/unit 520/unit 3,000 to 3,999 " of 595 " 595 " 4,000 to 4,999 " if 690 " 690 " 5,000 to 5,999 " " 790 " 790 " 6,000 to 6,999 " " 890 " 890 " 7,000 to 7,999 " " 980 " 980 " 8,000 + 1,030 " 1,030 " Single Family Residential: 4,000 to 4,999 sq. ft. of land per unit $ 725/unit $ 1,160/unit 5,000 to 5,999 to " 760 " 1,210 " 6,000 to 6,999 " of 790 " 1,260 " 7,000 to 7,999 " of 825 " 1,310 " 8,000 to 9,999 Is If 870 111,380 " 10,000 to 13,999 " " 970 " 1,520 " 14,000 to 19,999 If " 1,130 " 1,750 " 20,000 to 29,999 " " 1,400 " 2,100 " 30,000 to 39,999 of " 1,740 " 2,505 " 40,000 + of " 2,080 " 2,885 " &Wicultural: Under 10% of lot impervious Exempt More than 10% of lot impervious $10,585/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 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. ORDINANCE NO. 89/ Page 2 of -3