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Home My WebLink AboutMINUTES - 10201992 - H.1 r a 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 October 20, 1992, by the following vote: AYES: Supervisors Powers,• Torlakson and McPeak NOES: None ABSENT: Supervisors Fanden and Schroder ABSTAIN: None Resolution No. 921711 (West's Water Code App. Ch. 13, Sec. 12.2 and 12.3) SUBJECT: The Amendment of the Drainage Plan and the Repeal of the existing Drainage Fee Ordinance No. 90-38 and the adoption of a new Drainage Fee Ordinance for Drainage Area 52B, Brentwood Area. Project No. 7549-6D8227. The Board of Supervisors of Contra Costa County, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District, FINDS, DETERMINES AND RESOLVES that: On September 8, 1992, this Board set a public hearing to consider an amendment to the Drainage Plan for Drainage Area 52B, and to consider the repeal of the existing Drainage Fee Ordinance 90-38 and the adoption of a new fee ordinance to increase drainage fees in Drainage Area 52B. ON October 20, 1992, pursuant to the Board's Resolution of September 8, 1992, this Board held a hearing to consider the amendment of Drainage Plan and the repeal of Drainage Fee Ordinance 90-38 and the adoption of a new drainage fee ordinance. At which all written and oral objections presented concerning these actions were considered. IT IS FURTHER RESOLVED that any valid written protests filed do not represent more than one-half of the assessed valuation of real property contained in Drainage Area 52B. 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, all 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 September 8, 1992, and No resolution or ordinance protesting this action was received from the City of Brentwood. The purpose of the drainage fees described in this resolution is to generate monies to finance drainage improvements in Drainage Area 52B and the Marsh Creek watershed. The fees will be used to finance the drainage facilities listed in the amended drainage plan and described in the engineer's report. As discussed in more detail in said report and in the Report of Impervious Surface Drainage Ordinance dated January 5, 1982, the types of development that are subject to the fees will generate additional impervious surfaces and stormwater runoff within said drainage area and watershed, thus creating a need to expand or improve existing drainage facilities and a need to construct new drainage facilities. Use of the fees paid by each type of development will provide necessary infrastructure to mitigate adverse drainage impacts that would otherwise result from such development. Resolution 921 711 Board of Supervisors Drainage Area 52B October 20, 1992 Page Two This Board further FINDS that the requirements of the California Environmental Quality Act pertaining to the repeal of the existing Drainage Fee Ordinance No. 90-38 and adoption of a new fee ordinance have been completed in the environmental impact report for the "Marsh Creek Watershed Study" adopted by the Board in October, 1990. This Board hereby CERTIFIES the Negative Declaration as to the environmental impact of the proposed amendment of the drainage plan for Drainage Area 52B has been completed in compliance with the California Environmental Quality Act, and it has reviewed and considered the comments, responses, and the information contained therein. The proposed plan amendment has been found to be de minimis in its effect on the environment and is exempt from the $1,250 Fish and Game filing fee. This Board hereby DIRECTS the Director of Community Development to file a Notice of Determination with the County Clerk. This Board further AUTHORIZES the Chief Engineer of the Contra Costa County Flood Control and Water Conservation District to arrange for payment of$25 to the County Clerk for filing of the Notice of Determination. This Board hereby FINDS that good cause exists for the amendment of the drainage plan for Drainage Area 52B and ORDERS that the drainage plan, as shown on the map entitled,"Drainage Area 52B, Boundary Map and Amended Drainage Plan", dated October, 1991, proposed to be instituted for Drainage Area 52B and on file with the Clerk of the Board of Supervisors, Administration Building, Martinez, California, is hereby INSTITUTED. This Board hereby further FINDS that good cause exists for the adoption of a new drainage fee ordinance for Contra Costa County Flood Control and Water Conservation District Drainage Area 52B, and this Board hereby ENACTS Ordinance No. 92-77 . This Board hereby also REPEALS the existing Drainage Fee Ordinance No. 90-38. JRF:kd c:BO\BORES20.t10 August 11, 1992 J hereby certify that this is a true and correct copy :)I Originator. Public Works (FCE) an action taken and entered on the minutes of the cc: County Administrator €3oard of Supervisors on the date shown. Community Development ATTESTED: October_20. 1992 Building Inspection PHIL BATCHELOR,Clerk of the Board g P of SupeMsors and County Administrator County Counsel County Assessor By - ��Q, ,�_�� ,,,> ---,�eP�y County Treasurer - Tax Collector County Auditor - Controller Chief Engineer Flood Control Engineering Accounting Engineering Services Building Industry Association P.O. Box 5160 San Ramon, CA 94583 David Lennon Hoffman Company P.O. Box 907 Concord, CA 94522 Dennis J. Razzari Davidon Homes 1600 S. Main Street #150 Walnut Creek, CA 94596 f woo C:,*,P A ORDINANCE NO. 92-77 } A 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 52B 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. 90-38 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 5213: SECTION I. DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 52B, Boundary Map and Drainage Plan", dated February, 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 52B 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). Said drainage plan is hereby amended as set forth in "Drainage Area 52B, Boundary Map and Amended Drainage Plan" dated October, 1991. 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 or included in the Engineer's Report; 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 Page 1 of 4 t 3o Z 028d r'* 1 ✓S66`I$ ►J09Z`l$ ,► ►► 666`6 01000`8 ►✓O68`1$ ►J061`I$ u ►► 666`L 01 000`L ►✓OZ8`i$ ►JStii`i$ ►► u 666`9 01000`9 ►JOSL`T$ ►✓560`1$ ►► N 666`9 01000`5 1jun/089`1$ 1jun/OSO`i$ inm iad puul 3o •U •bs 6661V of 0001V :lEuuapTSag u3 91BUIS ►J06�`i$ ►✓06�`i$ ►► ►► + 000's ►✓OZt,`I$ ►✓OZt`I$ ►, ,► 666`L 01 OOO`L ►✓S8Z`I$ ►JSSZ`i$ ►► ►► 666`9 01000`9 ✓S�i`I$ ►✓Svi`I$ ►► ►► 666`9 01000`5 ►J000`I$ ►JOOOII$ ►► ►, 666`t, 01 000`t ►J098$ ►1098$ ►► ►► 666`£ 01000`£ liun/09L$ lin/OSL$ ►, „ 666`Z 01 009'Z anu/S£9`ZI$ ai:)E/5£9`Zi$ lnm iad puui 30 •13 -bs OOS`Z uEgl ssa-I . gJud 0O ollgojN ulpnloul luuuoplsag 3iilnNi aiaE/S96`ZI$ amu/OOS`II$ :(IqzslV 23U30 0-mE/09£`SI$ amu/StL`£I$ : uinipaW25g30 aJaE/SZZ`LI$ a��E/9£0`91$ 55g30 umolumouneuisnp epiaulmoD uotsrntpgnS load BOOM E 1Q017DS EM 11A AiOLOaS M uouooS ul 81103 las su aq ULgs lunoutu aa3 oq,L •slsuq lol lunpp4pul uu uo palulnoluo aq hugs suoiswpgns iaglo llu io3 aa3 ail `anoqu palou su ldaoxg -Sup pgns of loud ozTs iol oql og dugs „stun sad puEl 30 ja23 aiunbs„ aql 8unnuu2lap ul posn anis lol agl puu luuuoplsoi Ap=jl.41nui su palma oq hugs laa3 a.tunbs 0001t uugl ssol slol lunptntput 8ummm suotswP . ans ocV4 8utsnoq ialsnlo puu`umgnwopuoo `asnog uM01, 'dutu pTES 30 uOpupl0ow of loud polg sl du tu 123jud. 10luug E ioitlM I03 liun lunprntput goua uo io uotsrupgns posodoid anluo ail uo aa3 a8utitEip 1P led llEgs iapinTpgns agl 'Al puu III suoiMS lapun pallWmad su ldaoxg •SNOISIAIGgnS -IA NOIJL-)gS m u6woS iapun pailuboi iunotuu aqi paaoxa of lou lnq `lo03 aiunbs iod 6£•0$30 aa3 u of loa[gns aq nugs omjins snoviadun to asuaiotn jou 30 lunoatu aql `'ola sound ls4lEM IsAEManup of poir .l lou inq flutpnlout IaoE3ms snouiadan ut asuamtn uu asnuo lugl f4fiou3 guuspca uv of slu2maouldw 10 suoilEogipouz `uouonilsuoo iaglo io3 -food xod Z££$ ag Bugs 2a3 aql 1plvd uaaq lou suq aa3 oSvu!vrp agl gotgM so3 slot uo stood SuTuzunMs lutluaplsal Ap uj al8uts io3 -]JA uounS ui quo3 las su aq Bugs aa3 agl uouotulsuoo lE. . . I0,q 'plod uaaq sug aa3 aBEutulp parmbal agl Ltlun Pais aSEutu.tp agl urgllm uotl3ru4suo3 X03 lcuuad Btnpllnq Auu anssi lou llEgs uouotpsun[gutnEq lEwg3o f4io agl jos in co uuaoD agl `AI puu III uouoaS iapun palltuuad su ldoox3 •SIBAMgd DM=El 'A NOT-1 S -pied si a23 aql su autu Bons tuna aa3 pa u2jop 3o u2n plus jo3 sioswadnS 3o pmog ail of slggu ivatudolanap oql `W.TalElloa su `Burmis siauMo ktadoid ail uo luuouipuoo st aa3 3o luauua3ap aq,L •luatudolanap SuTpuad mp 3o tmd pannbai E lou si lugl som, oMl 3o ssaoxa ut lol ail 3o uouiod ail uo aa3 oql 3o lu=Aud ail ia3ap uuo .tauMo kuadoid aqi `ozis ui swn, oMl uugi ni=2 sloi u0 -i Na1R ajau aaa -AI NOIJ,09S •AlsnoUaid pied Alln3 uaaq anuq saa3 aSuumip gotgM io3 Avadoid io 101 And (b io :aouuXanuoo 10,000 to 13,999 " $1,4001' $2,1951' 14,000 to 19,999 $1,6351 $2,5251' 20,000 to 29,999 " $2,0201' $3,0301' 30,000 to 39,999 " $2,5101' $3,620/" ' 40,000 + sq. ft. of land per unit $3,0051' $4,1701' Agricultural: Under 10% of lot impervious Exempt More than 10% of lot impervious $15,290/acre of developed portion F { 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. $0.22 of each$0.39 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 $0.39 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 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. Page 3 of 4 t,;o y aged t z i' s is C r Cv e PJO,Bzgv vm:o P3Hw f4ndaQ Ag ioluj4srurmpv fiunco puu sioswadnS 3o pmog aqi 3u Kiat `?IO'IH -i IVEI MHd :.I.S=V piEog 21D ;o JmgD JapoJqZ)S Pus u9pqU3 saosTnaadns :jNaSgV auoN :SHOAT )I?GcIDW pus uos)TTJoz 'SJDMod s-TosTn-TadnS :Sgxd :210n 2UVAoito3 ag3 Aq `Z66I `OZ jagoloo.HO QH.LdOQd QIP (JHSSdd •EaiE sigl M pagsgqnd iodudsm2u E „`stAoM poom4uoig„ oqi M 3i lsupSE puu .ioj SucIon siosruadns 3o sauieu aqj tplm aouo pagsgqnd aq Rugs 29ussud 3o sup Sj ucqlrm pue 12SBssgd n1p, s Lp 09 anq:)ajja sauioaaq aouscnpio srqy •g.LVQ gALjog33g •X N IJLDHS . � K