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Home My WebLink AboutMINUTES - 11281989 - T.1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA, AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Adopted this Order on November 28, 1989 by the following vote: AYES: Supervisors Powers, ` Schroder, McPeak & Torlakson NOES: None ABSENT: Supervisor Fanden ABSTAIN: None Resolution No. 89/ 749 (West's Water Code App. Ch. 63, Section 12.2 & 12.3 SUBJECT: 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 on October10, 1989, this Board set a public hearing to consider the repeal of Drainage Fee Ordinance 86-42, adoption of a new drainage fee ordinance, and amendment to the drainage plan for Drainage Area 48B. On November 28, 1989, pursuant the Board's Resolution of October 10, 1989, this Board held a hearing to consider the repeal of Drainage Fee Ordinance 86-42, adoption of a new drainage fee ordinance, and amendment to the drainage plan entitled "Drainage Area 48B, Boundary Map, and Amended Drainage Plan" dated September 1989. At the time and place fixed for said hearing before this Board, all written and oral objections presented concerning the proposed actions were considered. This Board finds that any valid written protests filed do not represent more than one-half of the assessed valuation of real property contained in Drainage Area 48B. It appears from the affidavits of publication on file with this Board that all notices required to be given for such a hearing have been duly and regularly given and all procedures to be followed have been followed in accordance with Sections 11 and 12 .3 of the Contra Costa County Flood Control and Water Conservation District Act, and in accordance with the provisions of the Board's Resolution 'of October 10, 1989. The repeal of Drainage Ordinance 86-42, the adoption of a new drainage fee ordinance and the amendment to the drainage plan are not subject to the California Environment Quality Act (CEQA) pursuant to Section 15061 (b) (3) of the Act's guidelines. This Board hereby finds that good cause exists for the adoption of a new fee ordinance for Contra Costa County Flood Control and Water Conservation District Drainage Area 48B. Said Drainage Fee Ordinance is hereby ADOPTED. The Board hereby also REPEALS the existing Drainage Fee Ordinance 86-42 . The Board also finds that good cause exists for and APPROVES the amendment of the Contra Costa County Flood Control and Water Conservation District Drainage Area 48B Boundary Map and Amended Drainage Plan. The drainage plan as shown on the map entitled "Drainage Area 48B, Boundary Map and Amended Drainage Plan" dated September 1989, proposed to be instituted for Drainage Area 48B, on file with the Clerk of the Board of Supervisors, Administration Building, Martinez, California, is hereby INSTITUTED. Resolution 89/ 749 Board of, Supervisors November 28, 1989 Page 2 of 2 This Board hereby DIRECTS the Chief Engineer to file with the County Clerk a Notice of Determination for the project. This Board hereby declares its intention that the fees set forth in the new Drainage Fee Ordinance not be increased prior to January 1, 1993, unless the construction cost index applicable to this area exceeds an annual rate of four percent. I hereby certify that this Is a mie and correct copy of an action taken and entered on the minutes of the Boarpery�s�sa I t�e d¢tess�iown. PHIL BATCHELOR,Clark of the Board of Supervisors and County Adminlstratot AWA NCW:dmw BO:DA48B.Res2 Originator: Public Works (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 89/__L49_ ORDINANCE NO. 89-84 AN ORDINANCE MWALIM ORDINANCE NO. 86-42 OF UE CONTRA COSTA COUNTY FLOOD CONTROL AND MATER CONSERVATION DISTRICT AND SUBSTIMING A NEW EPAINAGE FEE ORDINANCE WMIN CONTRA COSTA COUNTY FLOOD CONTROL AND %%TER CONSERVATION DISTRICT ERAINAGE AREA 48B The Board of Supervisors of Contra Costa comity, 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. URAINAGE PLAN. The drainage plan and map entitled "Drainage Area 48B, Boundary Map and Amended Drainage Plan", dated Serte Bert 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. E EKMONS. 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 in pervious surface as the original structure; 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 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 DEFM04T. 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. 89-6 _ Page 1 of 3 SECTION V. BUILDING PEFa,=. 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 swiuming 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 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 $0.27 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 BuildirKt 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 (Including 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 520/unit 520/unit 3,000 to 3,999 of to 595 It 595 " 4,000 to 4,999 it it 690 " 690 " 5,000 to 5,999 it it 790 " 790 " 6,000 to 6,999 if to 890 " 890 " 7,000 to 7,999 to if 980 " 980 " 81000 + to of 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 " " 760 " 1,210 Of 6,000 to 6,999 to " 790 " 1,260 It 7,000 to 7,999 it " 825 " 1,310 It 8,000 to 9,999 of " 870 " 1,380 It 10,000 to 13,999 if " 970 " 1,520 it 14,000 to 19,999 it " 10130 " 1,750 It 20,000 to 29,999 it " 1,400 " 2,100 It 30,000 to 39,999 of " 1,740 " 2,505 " 40,000 + of " 2,080 " 2,885 " Agricultural: 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. Zile 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 mmiber of dwelling units proposed to be on the lot. Page 2 of-3 SECTION VIII. FEE PAYMENT. 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. SECTION IX: CREDIT FOR PREVIOUS PAYMENT OF FEES. Drainage fees previously paid shall be credited as follows: a) Fhiere 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 ordinance based on impervious surface, fees shall not be required under Section VII for the total impervious surface area for which the fee was paid. However, fees shall be payable under 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 development site in question shall be credited against the fees payable under Section VII. SECTION X: CREDIT FOR PROPERTIES SOUTH OF HIGHWAY 4. For developments in the area south of State Highway 4, as compensation for the cost of the drainage systems to be built, but not included in the costs of the plan, a credit of 35 percent will be applied to the drainage fees shun in Section VII of this Ordinance. SECTION XI. EFFECTIVE DATE. Zhis 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 Pittsburg Post Dispatch, a newspaper published in this county. PASSED Arra ADoPTED ON NOV 2 8 1989 , by the following vote: AYES: Supervisors Powers, Fanden, Schroder, McPeak & Torlakson NOES: None ABSENT: None Chair of the Board ATTEST: PHIL BAMMMOR, Clerk of the Board of Supervisors and County A&inistrator By /1 941.A,a. 1- t DePuty SK/NCw:dmw:drg DA48b.Ord2b Page 3 of 3