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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 28, 1992, by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, Torlakson and McPeak
NOES: None
ABSENT: None
ABSTAIN: None RESOLUTION NO. 92/ 51
(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. 79-138, and Adoption of a New Drainage Fee Ordinance for Drainage
Area 30B, Oakley/North Brentwood Area. Project No. 7546-6D8221.
CP 91-65.
The Board of Supervisors of Contra Costa County, as the Governing Body 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 30B, which is attached hereto and marked Exhibit "A".
The fee proposed under the new ordinance incorporates two parts: Part 1 is the existing
fee, based on an updated cost estimate, and converted from a "fee per acre" basis to a "fee
per square foot" basis; and Part 2 is an additional fee to pay for regional drainage
improvements required to regulate storm flows in Marsh Creek. The regional drainage
improvements were approved by the Board in October, 1990, as part of the adopted "Marsh
Creek Watershed Regional Drainage Plan".
This Board also has before it the engineer's report, entitled "Engineer's Report for
an Update of the Drainage Fee Ordinance for the Contra Costa County Flood Control and
Water Conservation District Drainage Area 3013". Said documents, which provide an
explanation for the addition to the existing drainage fee within Drainage Area 3013, 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It is proposed that the existing drainage fee Ordinance No. 79-138 be repealed and
that the attached drainage fee ordinance be adopted.
At 11:00 a.m. on March 10, 1992, in the Chambers of the Board of Supervisors,
Administration Building, Martinez, California, this Board will conduct a public hearing on
the proposed repeal of the existing drainage fee ordinance and adoption of the new 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 proposed actions. Upon conclusion of the hearing, the
Board may abandon the proposed adoption of the new drainage fee ordinance, 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 Brentwood News, a newspaper of general circulation, circulated in Drainage
Resolution 92151
y
Board of Supervisors
Drainage Area 30B
January 28, 1992
Page Two
Area 30B. 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 city a copy of this Resolution at least twenty (20) days before the
above noted hearing.
1 hereby 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 2 8 1992____
PHIL BATCHELOR,Clark of the Board
of Supervisors and County Administrator
By Deputy
KE:peo
c:DA\30BNot.DA
1/92
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
of Northern California - Eastern Division
1280 Boulevard Way, #211
Walnut Creek, CA 94595
The Hoffman Company
Attn: David Lenon
P.O. Box 907
Concord, CA 94522
Warmington Homes
Attn: Steve Millar
3160 Crow Canyon Place, Suite 200
San Ramon, CA 94583
Resolution 921 51
E rr 'W' 19
. � e
ORDINANCE NO. 9V
AN ORDINANCE OF THE
CONTRA COSTA COUNTY FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
ESTABLISHING DRAINAGE FEES IN THE
CONTRA COSTA COUNTY FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
DRAINAGE AREA 30B
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 1. Ordinance No. 79-138 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 30B:
SECTION I. DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area
30B, Boundary Map and Drainage Plan", dated October, 1979, 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 30B 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.
ORDINANCE NO. 9Z Page 1 of 4
SECTION IV. FEE DEFERMENT. 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 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 $417 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$0.49 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 $20,150/acre $21,645/acre
Office (Medium): $17,270/acre $19,295/acre
Office ,Lights $14,450/acre $16,290/acre
Multifamily Residential (Including Mobile Home Parks)
Less than 2,500 sq. ft. of land per unit $15,875/acre $15,875/acre
2,500 to 2,999 it it $940/unit $940/unit
3,000 to 3,999ft it $1,080/" $1,080/"
4,000 to 4,999 it it $17255/" $1,255/"
5,000 to 5,999 it it $1,435/" $1,435/"
6,000 to 6,999 it it $19610P $1,610/"
7,000 to 7,999 ft If $1,785/' $1,785/'
8,000 + it of $1,870P $1,870P
Single Family Residential:
4,000 to 4,999 sq. ft. of land per unit $1,320/unit $2,110/unit
5,000 to 5,999 $15375/' $2,200/'
6,000 to 67999 $1,435P $29290/'
7,000 to 7,999 $17495/' $2,375/'
8,000 to 9,999 $1,585P $2,505/'
10,000 to 13,999 $1,760/' $2,760/'
14,000 to 19,999 $25055/' $3,175/'
20,000 to 29,999 $2,540P $3,805/'
30,000 to 39,999 $3,150/' $4,545/'
ORDINANCE NO. 921 Page 2 of 4
40,000 + sq. ft. of land per unit $3,780/" $5,240/"
Agricultural:
Under 10% of lot impervious Exempt
More than 10% of lot impervious $19,210/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.
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 distributed into the appropriate accounts. $0.32 of each$0.49 collected
will be deposited in the County Treasury to the account of the drainage facilities fund established
for the drainage area. The remaining $0.17 of each $0.49 will be deposited into the Flood Control
Zone 1 fund to be used for improvements in the Marsh Creek Regional Improvement Plan.
Monies in said funds 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 the Marsh Creek Regional Plan.
Said monies may also be used to reduce the principal or interest of any bonded indebtedness of the
drainage area, or the Flood Control Zone 1 fund.
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
ordinance based on impervious surface, fees shall not be required under Section VIII
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.
ORDINANCE NO. 9ZI Page 3 of 4
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 March 10, 1992, by the following vote:
AYES:
NOES:
ABSENT:
Chair of the Board
ATTEST: PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
By
Deputy
KE:peo
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ORDINANCE NO. 92/ Page 4 of 4