HomeMy WebLinkAboutORDINANCES - 10201992 - 92-77 t
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. 92l 711
(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. 7549-6138227.
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 92J 711
i
J?
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:BOV3ORES20.t10
August 11, 1992 ! hereby certify that this is a true and correct copy 7f
Originator. Public Works (FCE) an action taken and entered on the minutes of the
or County Administrator €3oard of supervisors on the date shown.
Community Development ATTESTED: October 20, 1992 Fa
ard
Building Inspection of Su BATCHELOR,� nty Administrator
strator
County Counsel
County Assessor By flePubr
��
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
i!'.a ifi i",yy°y.',";bt7:.r 43i::�C' t�^.;,n L:•,�t�
4-
ORDINANCE NO. 92-77
AN ORDINANCE OF THE
CONTRA COSTA COUNTY FLOOD CONTROL
R AND
WATER CONSERVATION DISTRICT
ESTABLISHING DRAINAGE FEES IN THE
CONTRA COSTA COUNTY FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
DRAINAGE AREA 52B
f 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 pian 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
v;o Z a ud
,✓566`1$ J09Z`I$ N 666`6 01000`8
JO68`1$ J061'1$ N 666`L 01 000`L
dOZ8`I$ ✓St1`i$ N u 666`9 01000`9
✓OSL`I$ J960`I$ u 666`5 01000`5
1jun/0891I$ 1!u►/0S01I$ 1pm iod puuI 30 'l3 -bs 6661ti of 0001V
:lulluoplsag 3 a MS
,✓06�`I$ ✓06�`i$ If at + 000's
,✓OZt,`I$ .✓OZt`I$ If if 666`L 01000`L
k ,✓SSZ`I$ dSSZ`I$ U if 666`9 01000`9
✓S�i`I$ �/St1`I$
at U 666`5 01000'5
.✓000`1$ ✓000`I$ if If 666't 01000`
JO98$ J098$ of U 666`£ 01000`£
_
1ntn/05L$ 1!un/05L$ to at 666`Z 04 005`Z
aiaE/S£9`ZI$ amu/S£9`ZI$ 1pm iad puul 3o •13 •bs OOS`Z uegl ssa-I
. sxiEd auioH allgoNj utpnlaul lutluoptsag Aj=uJjjjnW
aiaE/596`ZI$ alae/005`11$ • 1 IZ aag3O
2iaE/09£`51$ anE/oL`£1$ : uintpa 23gl0
aiaE/SZZ`LI$ a�E/5£0`91$ ao93o umoluns 8ulsnpu epiauiulco
uotstntpgnS lead SurpLing S'If UH DS EGA 'HA NOLIDaS
'IIA u0432S ul gljo3
las se aq IIEgs junoutu aa3 oqj, •s!suq jol junptntpul uu uo polulnolua aq Uugs suotswpgns iaglo
llu jo3 aa3 agl `anoqu palou se idaaxg •Sutptntpgns of loud oz[s jol aql aq hugs „stun iad puul 30 .
laa3 ajunbs„ agj 8utultuj2lap u<pasn azts jol agl pue lecjuaptsaj,(InuE3glnui se paluo n oq hugs 40a3
ajEnbs 000`x, usgl ssal slol lunptntptn 8utluaia suotstntpgns ado 8utsnog jalsnla puulumtuttIIopuoa
`asnoq uMo j, -deur plus 3o uotjupjoaaj of joud polg sl dura laajud jo luug a q:)yqm jo3
Ilan lunpintput gaua uo jo uotstntpgns posodoid 2glua agl uo aa3 a$umujp agl dud hugs japtnlpgns
agl 'Al puu III suotlooS jopun polltuuad se ldaaxg •SNOISIAIQgnS -IA AIOI.I.7gS
m uotlaaS jopun po unbaj junouju oqj
paaaxa of lou jnq °joo3 ajunbs jod 6£•0$3o aa3 a of jaafgns oq hugs aau3ins snoLuodun u[ osuamut
lou 30 lunoatu agj 1•31a sound `s4lum sAennaetjp of paltuItl lou lnq Butpnlaut `aaE3jns snottitadtut
ul asuajaut uu asnua jugl 4t[I3e3 Sutlstxa uu of sjuatuaauldaj jo suopeaglpouj `ttotpru4suoo impo
jo3 •food lad Z££$ oq Ijugs aa3 agj 'ptud uaaq lou ouq aa3 oguu!ujp agl gatgm so3 sjol uo stood
Summiams jElluapisal Apwu3 ol8uts jog •IIA uotjaaS ut tpo3 las sr oq IIEgs aa3 agj uotjan usuoa
jEtliLit j03 •ptud uaaq sag 2a3 aBeutujp pajtnbaj aqj Ltlun saje aSEutujp agj u. U!m uotlanilsuoa
jo3 lluuod Stu pnq Auu onsst jou hugs uotjatpsunf 8utnuq jetag3o fop agi jo 4unoO Bjsoo ejjuoD
agl `AI p� III uotlaaS jopun pajjttujad su jdaaxg •S,L EKHgd rJAIICrMa •A NOI.T S
•ptud st a23 aqj se oum Bans Iqun aa3 paj la3ap
3o uaju plus jo3 sjosw2dnS 3o pmog oqj of slg8u luouidolanap agj "leialejloa se "ButjuejS sjaunAo
Alladojd agj uo luuotltpuoa st aa3 3o luatu ojop ags •luoutdolanap Stu uad agl 3o and pallubaj u
lou sl jugl sojas oA%4 3o ssaaxa ut jol agl 3o uotjjod agl uo aa3 oqj 3o luou Aud oqj j23ap um jaumo
4jadojd oqj lazls in sajau om4 uugl j21uaj2 slot u0 •.LrIgyl galaQ 99A -AI NOLI33S
-Alsnotnajd ptud AWV uaaq anuq s2a3 oguumrp gatgns jo3 Aljadojd jo jot dud (t, jo :aauuAanuoa
1 �
L` <
10,000 to 13,999 " $1,400/" $2,195/"
14,000 to 19,999 " $1,6351 $2,525/"
20,000 to 29,999 " $2,020/" $3,030/"
30,000 to 39,999 $2,510/" $3,620f'
401000 + sq. ft. of land per unit $3,005/" $4,170/"
l
Agricultural:
Under 10% of lot impervious Exempt
r More than 10% of lot impervious $15,290/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. $0.22 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 $0.39 will be deposited into the Flood Control
Zone 1 fund to be used for improvements in the Marsh Creek Regional Improvement Plan.
Monies in said funds shall be expended solely for land acquisition, construction, engineering,
administration, repair maintenance and operation or reimbursement for the same, in whole or in
part, of planned drainage facilities within the drainage area, or the Marsh Creek Regional Plan.
Said monies may also be used to reduce the principal or interest of any bonded indebtedness of the
drainage area, or the Flood Control Zone 1 fund.
SECTION IX: CREDIT. Drainage fees previously paid shall be credited as follows:
a) Where drainage fees have been paid under a former drainage fee ordinance based
on acreage,fees shall not be required under Section VII for any part of the total area
for which the fee was paid, except in the case of a resubdivision.
b) Where drainage fees have been paid under this ordinance or another drainage fee
ordinance based on impervious surface, fees shall not be required under Section VII
for the total impervious surface area for which the fee was paid. However, fees shall
be payable under Section VII for any additional impervious surface area.
c) Where drainage fees have been paid other than pursuant to an adopted drainage fee
ordinance, the dollar amount of the fee paid for the development site in question
shall be credited against the fees payable under Section VII.
Page 3 of 4
i
v jo t a$gd
L
P.
S
K '
i'
k
3;
)i)
L
E
PJO*UZSv(INVM::)
P�i�,32�f
4nda(I
Aa
mpagsunwpV 4unco -
pue sioswadnS 3o pmog
aql 30 3Ilai� `2I0'IaiO.LVg -HHB :,LS'd.LLv
pieog aqj 3o negD
aapoar.ioS pus uapgej SJOSTn-TadnS :jNaSgV
auoN :SgON
Xvadz)K We uos)IeT-Ioz s-TaMod saosinJadnS :Sad
:aJon SuIMono3 aqp Aq `Z66I `OZ iagoiaO.No Qg.LdOQd CLKV QgSSVd
•ease s.ql ut pagsggnd tadedsmou a „IsmoN poom4uoig, oqi uT ii ;suph pue io3
2u110n siosuuodns 3o souTeu aq;ip!m aouo pagsgqnd aq negs aSessed jo step sj uT.gllm pue `afessed
loiju step 09 anrIoajja sauioaaq aauempio snU •gZVQ gA L-3g ag -X HOLIOaS