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HomeMy WebLinkAboutRESOLUTIONS - 01011992 - 1992-413 1 - 21 THE BOAR17 OF SUPIMVISORS OF CONTRA COSTA COUNTY,Y, CALIFORI3IA AS THE GOVERNING BODY OF THE CONTRA TRA COSTA COlwiN'TY MOOD CONTROL AND 'NATER CONSERVATION D MCT Adopted this Resolution on June 14 1992, by the following vote; AYES.- Supervisors Powers, Fanden, Schroder, Torlakson and McPeak NOES: None ABSENT; None ABSTAIN: None RESOLIMON NO. 92/X13 (West's Water Code App. Ch. 63, Sec. 12.2 and 12.3) SUBJE�'`I. Notification of Hearing to Consider an Amendment to the Drainage Plan, Repeal of Drainage Fee Ordinance No. 78.67, and Adoption of a New Dr;hMe Fee Ordinance for Drainage Area 1% Danville Area. Project No. 7554-6D8226. 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 Centra 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 an amendment to the Drainage Flan for Drainage Area 10. Ile amendment provides for adjustments in drainage pipe lengths,sizes and locations. This Board further has before it for consideration the adoption of the proposed new drainage fee ordinance for Drainage Area 14 which is attached hereto and marked Exhibit , providin for payment of the facilities described its said drainage plan. This Board also bas before it the en ine is report entitled "Engineer's Report for the Amendment of the Drainage Plan, the Repeal of Ordinance 78-64 and the Adoption of a New Drainage Fee ('ordinance for the Contra Costa County Flood Control and Water Conservation District Drainage Area 19',and the drainage plan entitled"Drainage Area 10, Amended Drainage Plan", dated April, 1992, proposed to be instituted for Drainage Area 10. Said documents,which show the general location and type of drainage facilities and an explanation of the proposed fees within Drainage Area 10t are on Me with, and may be examined at, the office of the clerk cif the Board of Supervisors, Administration Building, Martine California. It is proposed that the Amended Drainage Plant dated Apri1, 199Z be instituted and that , e e)isftg Drainage Fee Ordnance No, 78-62 be repealed and that the attached Drainage Fee Ordinance be adopted for Drainage Area L10. At 11:00 a.m. on * A 1992, in the Chambers of the Board of Supervisors, Administration Building, Martinez, California, this Board wt�l conduct a public hearing on lite proposed amendment to the drainage plan and adoption of a new drainage fee ordin MMLLAt said bearing this Board will consider and will hear and pass upon any and all written or oral objections to the proposed action. Upon conclusion of the:hearing, the Board may abandon the proposed amendment of the drainage plan and adoption of a new drainage fee ordinance or proceed with the same. Resolution 92/ 4 Board of Supervisors Drainage Area 1 Jutae lb, ll Page TWO The clerk of this Board is DMEMD,to publisha Not1ce of the Hearing,pursuant to Government Cade$000m OK once a week.for two � � successive weeks prior to the hearing m the �€ n "' �, newspaper of general circulation, circulated in Drainage, Publication shill completed at least seven days before said hearing and said notice shall be glum for a peritxh of not less than wenty (20) days The Clerk of the rd is further DMECMD to mail a copy of the Notice of Public I Bari tg to " iliterestcd party who has Sled a�r%tten request far 1nA R ncatice with the Clerk of the Board car wvith the strict,as proidcd by Goveriuneht Code.:tions 54985(e and 66015(a . lid m€aing be rfo11 at leastfourteen ( days prior to the hearing. IT p l�TI1l ;lr €? ti" that the exterior baundaes of said drainage area include lands within the Town of e. The Clerk of this Board'is DI .BMED to forward to the governing'beady of said town a copy of this Resolution at least twenty (20) days before the above mated hearing. I hW*W CWW thtt this kt a bw MW carred to" en #k+Mn ark! an t!w tt*tttWd SUM ttr haof rAt!1h1i'd . Arm.EE#' PHIL BATCHELOR dark of do saw at Supt�tSe MM %r►tk'A dminWouw BY L4 ' 2 =DA%00Res16.t6 St92 Od&DMt Putt Warb Depatment(PCE) c *u my Admidstatot CvMuAty Deveapmat $utidie�; pacticdt C." k�axty�r Camty Tr tnMM I-Tit Oaitectcr meaty AMdIW-CoaUVU r CW Crmtto E00-40WJUS Aammtiq BUM% �> �Sei+3oait Aawdidm P.O. Bax 5160 Sara :,Ramon CA 94583 T� AMDpi tante: Aum J. wet ,cw Resolution41,3 EXIMI'T"A" ORDINANCE NO. 92/ AN ORDINANCE OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION MISTRIC'T ESTAIILISI1'NG NEW DRAINAGE FEES IN THE CONTRA COSTA:COUNTY MD013 CJ0NIROL AND WWATMt CONSERVATION DISTRICT T DRAINAGE AREA 10 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: SECrION 1. Ordinance No. 79-624 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 10. SE T ON I. DRAINAGE PIAN. The drainage plan and wrap entitled"Drainage Area 10, Drainage Plan►", dated May, 1978, on bile with the Clerk of the. Board of Supervisors, is adapted as the drainage 'plan for the Contra Costa County Flood Control and Water Conservation District Drainage Area 10 pursuant to Sections 12.2 and 12.3 of the Contra Costa County Flood'Control and Water Conservation. District Act'(Chapter ter 63 of Wesfs Appendix to the Nater Code). Said drainage plan is hereby amended as set forth in 'Drainage Area 10, Amended Drainage flan," dated April, 1.992. SECTION 11. 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 hereinprotvided 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 draiaag+ facilities shown:on the drainage plan; ,and that the drainage facilities planned are in addition to existing dnage facilities already serving the drainage area at the time of the adoption of the drainage plan. SEC.' ON M. EXEMPTIONS The fee shall not be required for the following; 1) To replace a structure destroyed or damaged by fire,fled,winds or other act of+t sad,provided the resultant structure has the same,or less impervious surface as the original structure; 2) To modify stroc", or other impervious spaces,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 anew building lot or site is not created as a result of the conveyance;or 4)Any loci or property for which drainage fees have been fully paid previously'. /x6'4H 3DNrdMGUO ijun/ 0©£`rt$ Imn[00CIS uun xod puiq;o '4 `tae +000 g jrun/otet$ jnuV 6WI` l?un xod pual,;o •.V 'bs 66" o; OOOL Ilan/OZ111$ Its/ `UZTS I and puet jo V bs 6669 010009 ? / S6 $ imn/ 566$ 1tun aad pu%jo V `bs M 6S o; US jtunod '4 'bs 660 o1 �t / OLS$ stun/ UL8$ rs ftun/ USL$ ran/ USL$ Iron xod puel,to ij `bs 666£ of 000£ it j SS9$ t / SS9$ stun xod puet J0 V `bS 666Z 01 OUSZ axoe/ STQ`tY ame/ mlt$ 1mn xod pue.jo '4 •bs 00S`Z ueq; ss7l (smd MOH oUqsKmpM. mpwa kmwtniq ane/ SZ0`O1$ (lam aagtp Pxae/ 06£`£I$ Opel OS£t`ll[$ :(MvwwWvjo arae/OZO`ST$ o"g/ 086`£i$ '' 00W' UVIPP"wuuP3 cststnp - ' [ na =GMDS Had UA NOi HS `HA uotpoS uc qua3 Sas se's tt s lunoure aaj oiLL -stseq zo€ junptntput ue uo poleMl aq its suof.stntpgns xotp0 Ug,xoj op;atp`anDge po;au se ldoox -Stnptetpgns oj xoud =M lot aqt oq netts „1tun sad puet j0 ao3 -xenbs„ ottl gututuuaiap ut posh =9 xat oq ptrB ttuaptsaa �imu st3 pn oq tugs' aagnbs 0001t► uegt seat spot enptuptrc gugeoan s�€otsrntpgns ado gutsnoq as seta pue�tut xutruopuoa snoq noy `detu pm 10 uotlepxoaaa of xoud patg sc demo taaxed xo teug aq iqm o ttm tenptntput tta€a ua xo tsmtisr Mns posodold **a* oqp ua aoj o8eutgap aq .d 0egs xapr tpgns act 'Al_etre III suogaag mapun patuuodsgdaaxa 'SNt3SItC[StiS 'ttl 1�i0IL'? S 'HA U0420S xapun poambax lunouts aqt paaaxa'o Boa nq `goo; aaenbs and WU$jo aaj a of Iaafgns ag ttegs amens snotmodurt ut ommut zou;o junaure aql I'aja sot `s Item 6sSemor►tV of poartrxtt jou inq Sutpntaut`wepns snoWoduu uc'ase cq ue;rine tem �t gtmsc ue o s;uat oaetdaa ao suonwgi oto "c woa xaq o x0 •toast xad 063 Oct"qs aaj atD Ipted uooq jou s eq aoj olemmp oqt gotga xoj',slot uta stood gutmat ims tet�uaptsoa �ttM3 atguts xoil MA uotVaS uc q�ro;jos se aq tags aa;aq� uor�an gsuoa tem ma pred uaoq seq aaj offuumip pognbaa*qt tqun gars ageut ap art uttt the not na;suoa xo; 1pmod 2utptinq anssc t7u tteus notatpsun f Suueq tet o biro omt ao dncr sod ex uo OLD 'Al puie III uoRDOS xapun pautmmrxad se xdong 'SjIIr'tivai JbItCT' a MOLL09S •pteci st aal aq se aura Bans dun'aaj p2mapp.to uam pts xo; wostnxadnS jo pmog oqj ol s oll xuourdotoAop otp `texalettoa se tut uwd saatmo f aodo d oq ua teuotxrpuo sr ooh o uamrctAPP arty lu rdot p Sucpuad attar 0 �aed paatnbax xou st t ql sax g omZ o ssnaxa u[ Oto ;o uozuod aq too aaj aq#30 tuamked MR xa;ap trey iaumo Suodoid ocD sazts u saaou oma ueq# xaiea r siOt uQ jNgMadg<j aga -Al NOI IDHS OaAL aed Zg*L*qf4 oouvuWo&Mvoda- a waeux tp V ImnPa Exhibit A Ordinance Repealing Ordinance No. 7"2 Page Three Dev&=ent due wilding Permit Subdivision Single Fan*Residential 4000 to 4999 sq. ft. of land per unit $915 /unit $1,465 /unit 5000 to 5999 sq ft. of land per unit $955 (unit $1,525 /unit 000 to 6999 sq. ft. of land per unit $995 /unit $1,590 /unit 7000 to 7999 sq. ft. of land per unit $1,035 /unit $1,650/unit WW to 9999 sq. ft. of land per unit $1,100/unit $1,735 /unit 10000 to 13999 sq. ft. of land per unit $1,220 /unit $1,915 /unit 14000 to 199999 sq. ft..of land per unit $1,425 /unit $2,205 /unit 20000 to 29999 sq. ft. of land per unit $1,760 /unit $2,6401 /unit 30000 to 39000 sq.ft. of land per unit $2,185 Aunit $3,155 /unit 40000++ sq. ft.of land per unit $2,620 /unit $3,635 /unit Agricultural Linder 10% of lot impervious EXEMPT More than 10% of lot impervious $13,330/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 feeamounts 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 numberofdwelling units proposed to be on the lot. SECTION VHL 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 deposited in 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 whale or in part, of planned drainage facilities within the drainage area or used to reduce the principal or interest of any bonded indebtedness of the drainage area. SECT N DC- 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. ORDINANCE NO.921�._,___ ........... ................ ....................................................................................................................................................................... ................................ .......... EXlti'bit A ordinance Repealing Ordinance No.7"2 Page Four 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. 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 "San Ramon Valley Times,,' a newspaper published in this area. PASSED AND ADOFMD ON by the following vote: AYES: NOES: ABSENT: Chair of the Board ATTEST: pIM BATCHELOR, Clerk of the Board of Supervisors and County Administrator By Deputy PRD-.kd a:WaI0Vewrd-t4 ORDINANCE NO.92/ :: 2/......... .......... ...............