HomeMy WebLinkAboutRESOLUTIONS - 02021988 - 88-52 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on February 2, 1988 by the following
vote:
AYES: Supervisors Powers , Fanden, McPeak, Torlakson & Schroder
NOES: None ,
ABSENT: None
ABSTAIN: None RESOLUTION NO. 88/ 52
(West's Water Code App.
Ch. 63, Sec. 12.2 and 12.3)
SUBJECT: Notification of Hearing to Consider the Amendment of
Drainage Area Boundary and Plan, Repeal of the Existing
Drainage Fee Ordinance and Adoption of a New Drainage
Fee Ordinance for Drainage Area 29E, Oakley Area.
Project No. 7548-6D8229
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, herein referred to as "Act", provides authority for
said governing board to amend boundaries and drainage plans and
repeal and enact drainage fee ordinances.
This Board has before it for consideration the proposed
amendment of the Drainage Area 29E drainage plan, drainage fee
ordinance, and drainage area boundary consisting of that real
property as described in Exhibit "A" , attached hereto and
incorporated herein by reference.
The Board further has before it the Draft Negative
Declaration, the Engineer's Report and the amended drainage plan
entitled "Drainage Area 29E, Amended Boundary Map and Amended
Drainage Plan", dated January, 1988.' Said documents, which show
the general location of said area and provide an estimate of the
cost of the facilities to be amended within 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. A proposed drainage fee ordinance, providing for all
or part payment of the facilities described in said drainage
plan, is attached hereto and marked Exhibit "B" .
It is proposed that the Drainage Area 29E Boundary and Plan
be amended, that the existing drainage fee ordinance be repealed
and the attached drainage fee ordinance be enacted.
At 10: 30 a.m. on March 15, 1988, in the Chambers of the
Board of Supervisors, Administration Building, Martinez,
California, this Board will conduct a public hearing on the
proposed amendment of said drainage area plan and draiange area
boundary, and enactment sof the proposed drainage fee ordinance
for said Drainage Area. At said hearing, this Board will
consider and act upon the Negative Declaration and will hear and
pass upon any and all written or oral objections to the amendment
of the Drainage Area Plan and Boundary, and the enactment of the
proposed new drainage fee ordinance for Drainage Area 29E. Upon
conclusion of the hearing, the Board may abandon the proposed
actions or proceed with the same.
RESOLUTION NO. 88/ 52
The Clerk of this Board is DIRECTED to publish a Notice of
the Hearing pursuant to Government Code SS 6066, once a week for
two (2) successive weeks prior to the hearing, in the "Antioch
Daily Ledger" , a newspaper of general circulation, circulated in
Drainage Area 29E. 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 (1) . Said mailing shall be performed
at least fourteen (14) days prior to the hearing.
I lzereby certify that this Is a tmoondcorrect copy of
an taction taken and entered on the minutes of:5'4
Board of Supervisors on the data shown.
ATTESTED: ELB 2lgqa
PHIL BATCH!-`1011, Clerk of the Board
of Supervisors and County Administrator
By
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, Inc.
P.O. Box 367
Antioch CA 94509
Dick Striegel
McKay & Somps
1150 Burnett Avenue, #D
Concord, CA 94520
Citation Homes
P.O. Box 2359
San Leandro, CA 94577
N. CA Bldg Indus Assoc
Attn: Dean LaField
1280 Boulevard Way, #211
Walnut Creek, CA
Trammell --Crow Company
The HofmannjCompany
SC: sj� - - -- --
BO:DA29E . t4
RESOLUTION NO. 88/52
"EXHIBIT A"
BOUNDARY DESCRIPTION
CONTRA COSTA COUNTY FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
DRAINAGE AREA 29E
All that property situated in Contra Costa County, California,
described as follows:
All references to official records are to the Official Records of
Contra Costa County, California.
Beginning at the intersection of the north line of Lot 1 of the
Oakley Park Tract as filed in Map Book 6 at page 137, with the centerline of
Rose Avenue; thence from said point of beginning northerly along said
centerline and the northerly prolongation of said centerline 1,337 feet,
more or less, to the north line of Oakley Road, said north line of Oakley
Road being further described as the easterly prolongation of the north line
of State Route 4; thence along said north line of Oakley Road, west 1,966
feet, more or less , to the intersection of said north line and the north-
easterly line of the Atchison, Topeka and Santa Fe Railroad right of way;,
thence .northwesterly along said railroad right of way 150 feet, more or
less, to the most easterly corner of Contra Costa County Flood Control and
Water Conservation District Drainage Area 29D; thence, generally westerly
and southerly along the east boundary of said Drainage Area 29D 5,900 feet,
_ more or less , to the north line of the Contra Costa Canal right of way, said
north line also being on the north line of Contra Costa County Flood Control
and Water Conservation District Drainage Area 30A; thence, easterly and
northerly along the north line of said Drainage Area 30A 4,500 feet, more or
less , to an intersection with the north line of said Lot 1 of the Oakley
Park Tract (MB 6-137) ; thence, leaving the north line of said Drainage Area
30A westerly along the north line of aforementioned Lot 1 458 feet, more or
less, to the point of beginding.
da29e
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EXHIBIT "B"
ORDINANCE NO.
AN ORDINANCE REPEALING ORDINANCE NO. 84-61 OF THE
CONTRA COSTA COUNTY FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
AND SUBSTITUTING A NEW DRAINAGE FEE ORDINANCE FOR
CONTRA COSTA COUNTY FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
DRAINAGE AREA 29E
The Board of Supervisors of Contra Costa County as the Governing Board of
the Contra Costa County Flood Control and Water Conservation District does ordain
as follows:
SECTION 1. Ordinance No. 84-61 of the Contra Costa County Flood Control
and Water Conservation District is hereby repealed.
SECTION 2. The Board enacts the following as the drainage fee ordinance
for Drainage Area 29E.
SECTION I . DRAINAGE PLAN. The drainage plan and map entitled "Drainage
Area 29E, Amended Boundary Map and Amended Drainage Plan" , dated January, 1988,
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 29E 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
ORDINANCE NO. /
Page 1 of 4
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 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 $335 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 $0.39 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 ma-p. 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 0!ffice $16,040/acre $17,225/acre
Office Medium) : 13,745/acre 15,360/acre
Office Light : 11,500/acre 12,965/acre
Multifamily Residential (Including Mobile
Home Parks):
Less than 2,500 sq. ft. of land per unit 12,635/acre 12,635/acre
2,500 to 2,999 " 1] 750/unit 750/unit
3,000 to 3,999 16860 860 "
4,000 to 4,999 11000 11000 "
5,000 to 5,999 1,145 1 ,145 "
6,000 to 6,999 1 ,285 1,285 "
7,000 to 7,999 11
It
1,420 " 1 ,420 "
8,000 + it " 1,490 It
1 ,490 "
ORDINANCE NO. /
Page 2 of 4
Single Family Residential :
4,000 to 4,999 sq, ft, of land per unit $ 1 ,050/unit $ 1 ,680/unit
5,000 to 5,999 If1,095 If 1 ,750 "
6,000 to 6,999 If
1,145 " 1 ,820 "
7,000 to 7,999 1,190 " 11890 "
8,000 to 9,999 1,260 11995 "
10,000 to 13,999 1,400 2,195 "
14,000 to 19,999 1,635 2,525 "
20,000 to 29,999 " " 2,020 If 3,030 "
30,000 to 39,999 If2,510 " 3,620 "
40,000 + " 3,005 " 4,170 If
Agricultural :
Under o of lot impervious Exempt
More than 10% of lot impervious $15,285/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 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. Drainage fees previously paid shall be credited as
follows:
a) Where drainage fees have been partially paid under former Ordinance
Nos. 79-101, 80-12, and 84-61, fees shall not be required for any part
of the total area for which the fee was paid.
ORDINANCE NO. /
Page 3 of 4
b) Where drainage fees have been paid other than pursuant to an adopted
drainage fee ordinance, credit shall be given for the dollar amount of
the fee paid for the development site.
c) Where drainage fees have been paid pursuant to this ordinance or other
ordinance based on impervious surface , the credit shall be based on the
ordinance in effect at the time of the additional payment.
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 "Antioch Daily Ledger, a newspaper
published in this county.
PASSED AND ADOPTED ON 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 '•
SC:sj
UK:DA29EOrd.t4
ORDINANCE NO. /
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