HomeMy WebLinkAboutRESOLUTIONS - 01011992 - 1992-140 TBE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY
FLOODCONTROL AND WA'T'ER CONSERVATION DISTRICT
Adapted this Resolution on March 1€1, 1992 by the fallowing vote:
AYES:' Supervisors Povers, `'Fanden and Torlakson
NOES: None;
ABSENT: Supervisors Schroder and McPeak
ABSTAIN: None Resolution No.92L 140
(West's Water Code App.
Ch! 13, Sec. 12.2 and 12.3)
SUBJECT: Repeal of Drainage Fee Ordinance No. 79138, and the Adoption of a new
Drainage Fee Ordinance for Drainage Area 30A 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, FINDS,
DETERMINES AND RESOLVES that:
On January 28, 1992, this Board set a public hearing to consider the repeal' of the
existing Drainage Fee Ordinance 79-138 and the adoption of a new drainage fee ordinance
to increase drainage fees in Drainage Area 308.
On March 1% 1912, pursuant to the Board's Resolution of January 28, 1992, this
Board held a hearing to consider the repeal of Drainage Fee Ordinance 79138 and adoption
of a new drainage fee ordinance. At which time all written and viral objections presented
concerning these actions were considered.
No resolution or ordinance protesting this action was received` from the City of
Brentwood; and
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 30B. This
Board also FINDS that no written petition for an election, signed by at least twenty-five
percent of the registered voters within Drainage,Area 3t1B, has been filed.
It appears from the affidavits of publication on Elle 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'Januaty 24 1992.
The purpose of the drainage fees in this resolution is to generate monies to finance
drainage improvements in Drainage Area 30B and the harsh Creek watershed. The fees
will be used to finance the drainage facilities listed in the drainage plan and described in the
engineer's report. As discussed in more detail in said report' and in the Report of
Impervi as Surface Drainage Ordinance dated January 51 1982, the types of deve opment
that are subject to the fees will generate additionalimpervious surface 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 92 140
Board of Supervisors
Drainage Area 30B
March 1% lm
Page Two
This Board further FIND6 that the repeal of DraiOne Fee Ordinance No.79-138 and
adoption of a new drainagc fee: ordinance for Drainage; Area 308 is not subject to the
California Environmental Qua ty Act(CEOA)pursuant to Section 15061(bX3)of the Act's
guidelines; and
This Board hereby mer FI BS that good cause exists for the adoption of a new
drainage fee'ordinance tar Centra Costa County:Flood Control and Water Conservation
District Drainage Area 30A and this Board hereby ENACTS Ordinance No. 92-18
This lard hereby also REPEAi.S the adsting Drainage Fee t3rciinanoe Na. 79-13&
I hanby C@t* Ifft i*A VW and Wed om of
an aloe+ taw mk*** of et+.
Board as supem�res or+�
Or DOW
�` 7��.yrwwm 1�i ill na�r.+i.ir�r�r�R
l
►A 3A30BJtes
March 10i 1992
Originator•. Public Works CE).
c County Administrator
01mlinity D
Cevelopment
auilding Inspection
County. Counsel
County Assessor
County Treasurer -Tax Collector
County Auditor- +Controller
Chief Engineer
Flood Control Engineering
Accounting
F,.ngir►+cerirg Services
Ralph Gat"&Ca dinali
Oz. Boz 367
Andoc 6 CA 94509
Building Wus*2 Association
of Northern falifernia-Eastern Division
I=Boulevd Way, #21I
Walnut Creek,SCA 94595
IU Ho$'mman Company
Atm Union
F.i3.-Bax 7
CCmc , CA 94522
Warmingtoa Homes
Atte: Stere star
3160 CSS Caron Place, Suite 2t10
Ramon,CA, 94583
Davidon, Homes
Waluuc Erect CA 94596
Resolution 92I1
..........
ORDINANCE NO. 92-18
AN ORDINANCE OF 7HE
CONTRA COSTA COUNTY FLOOD CONTROL
AND
WATER CONSERVATION.DISTRICI*
FMABLISHING DRAINAGE FM IN TBE
CO COSTA C13UNrY FLOOD CONTROL
AND
VAT!ER WNSERVA'1701q: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. f
SECTION.2. The Board hereby enacts the following as the�)ra=- ge Fee OTdinance for
Drainage Area 30B:
SECTION L DRAINAGE PLAN. The drainage plan and reap entitled'Drainage Area
30B,Boundary Map and Drainage PIW, dated October, 1979,on Me 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 Wests Appendix
to the Water Code).
SECTION.IL FINDINGS. Miis Board finds anddetermines 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 e3tisting 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 m' 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 lof benefits conferred on property upon which
,additional impervious surfaces in said drainage area are constructed; that the estimated total of all
fees collectiffile hereunder does not exceed the estimated total costs of all drainage Utilities 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 IM -20 IONS. 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 ftse 1 of 4
SECTION IV. FEE:.IDEFERNSNT. On lots greater than two acres in size, the property
• owner can defer thepayment 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 grunting, 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 PERMM.. Except as permitted under Section TII 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 Inas been paid. For initial
construction the fee shall be as set forth in Section Vit. 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 +sting facility that cause an increase in
impervious surbm, including but not limited,,to driveways, walls, patios etc., the amount of net
increase in impervious surface shall be subjecto a fee of$0.49 per square foot,but not to exceed
the amount required under Section VII.
SECTION V1. SUI3MISIONS. Except las permitted under Sections TTI and TV the
subdivider shall pay the drainage fee on the entire proposed subdivision or an each individual unit
for which' a final or parcel map is filed prior to recordation of said map. Town house,
eondominiuna,and cluster bousing type subdivisions creating individual lots less than 4,000 square
feet shall be treated as multifamily residential'and the lett 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 VIL FEE SCE EDULE. °
BuBftg'rM=ft- S
=a algin dustrial/IkMto n O fico $20,150latae S21,645/acre
0 'ce.tMddiuml: 17,270/acrt $19,295/acre
'ce igbt): S24,450/acre S16,290/acre
dr
Less than 2,500 sq ft.'of land per unit 315,875/acre 315,875/acre
2,500 to 2,999 $940/un t $946/unit
3,000 to 3,9951 $1,0801" $1,080!"
4,4pO to 4,999 " " $1,255/" $1,255/"
5,400 to 5,999 " $1,435/" $1,4351"
COW to 6,999 " " $1,610/" $1,610!"
7,400 to 7,999 " $1,7851" $1,7851"
5,400 + " 51,9701" 51,870!"
Single FOM 1t Residential:
4,000 to 4,999 sq. ft. of land per unit 51.,320/unit SZ110/€snit'
5,040 to 5,999 " " 51,,3751" 52,200/"
6,000 to 6,999 Ii M 51,435/" 521290/"
7,000 to 7,999 " " 51,4951" $21,375/"
8,000 to 9,999 ,� " $1,585/" 545051"
10,000 to 13,999 " " $1,760/"' 52,760/"
14,000 to 19,999 " " $2,4551" S39175J"
20,000 to 29,999 " 52,540/" $3,805/"
Mage 2 of 4
..........
30,000 to 39,999 $3,150P $4,545P
40,o00 + sq. ft. of land per unit $3$780f' $5,24W
,agricultural:
Under 10%1 of lot impervious Exempt
More than l 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 VL 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 zapas a lot. The fee amounts under "Single Family
ResidentiO shall apply tolots containing only one dwelling unit. For multifamily residential
(including mobile home parks) the"square feet ofland 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 VM. FEE PAYI�SNT. The officialtaviAg 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 fa ties bythe applicant or his principal. All fees
collected hereunder shall be distributed into the appropriate accounts. $0.32 of each$0.49 collected
shall be deposited in the County Treasury to the account of the drainage facilities fund established
for the dram* age area. The remaining$0.17 of each$0.49 shall be deposited to the account of the
Flood Control Zone I fund to be used for improvements in.the Marsh Creek Regional Drainage
Ilan. 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 within the area covered by the
Marsh Creek Regional Drainage Plan. Said monies may also be used 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 paid under a former drainage fee ordinance based
on acreage,fees shall not be required under Section VU for any part of the total area
for which the fee was paid, e kcept in the case of'a resubdivision.
b) Where drainage fees have been paid under this ordinance or another drainage fee
ordinance based on impervious surfacer, 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 V11 for any additional impervious surface area.
c) Where drainage fees,have been paid other than pursuant to an adopted d rainage fee
ordinanr4, the dollar amount of the fee paid for the development site in question
shall be credited against the fees payable under Section VH.
page 3 of 4
SEcnoN x EFFEcTrvE bATE 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, 199 , by the following vote:
AYES: Supervisors yrs, Fanden and Torlakson
NOES: Nome
ABSENT.. Supervisors Schroder and 14cFeak
Chair of the Board
ATTEST PHM BAMWELOR, Clerk of the
Board of Supervisors and
County Administrator
By lick-
Deputy
C:)I AOA30B.Ord`.
Pap 4of4