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Home My WebLink AboutMINUTES - 05081984 - T.2 ,,:THE BOARD OF SUPERVISORS OF :CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on May R 198A , by the following vote: AYES: Supervisors Powers , Fanden, Schroder, McPeak, Torlakson NOES: ! None ABSENT: ; None ABSTAIN: None RESOLUTION NO. 84/263 SUBJECT: Amendment of the Drainage Area 13 Plan and Drainage Fee Ordinance, Walnut Creek/Alamo Area. 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: On March 27, 1984 this Board adopted its Resolution No. 84/192 proposing to amend the drainage area plan and drainage fee ordinance for the Contra Costa County Flood Control and Water Conservation District Drainage Area 13. On May 8, 1984, pursuant to Resolution No 84/192, this Board held a hearing to consider the amendment of said plan and drainage fee ordinance. All written and oral objections presented concerning the proposed Amendment of the Drainage Plan and Drainage Fee Ordinance were considered. 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 13. This Board also FINDS that no 'Written petition for an election, signed by at least 25% of the registered voters within Drainage Area 13, has been filed. 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 Resolution No. 84/192. The Board has received no resolution or ordinance adopted by an affected . city requesting exclusion from the proposed Amendment. This Board hereby CERTIFIES that the Negative Declaration submitted to it by the Public Works Department as to the environmental impact of the proposed Drainage Area 13 plan and drainage fee ordinance amendment 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. This Board hereby FINDS that good cause exists for, and APPROVES, the amendment of the Contra Costa County Flood Control and Water Conservation District Drainage Area 13 Plan, dated July, 1979, and drainage fee ordinance. This Board hereby DIRECTS the Public Works Director to file with the County Clerk a Notice of Determination for this Project. 1 hereby certify that this is a true and correct copy of an action takeni��on the datehshominutes of the Board of Supe ATTESTED: J.R.OLSSON, COUNTY CLERK and ex officlo Clerk of the Board fay DePuty 00 1'78 S Orig.Dept.: Department of Public Works - Flood Control Planning cc: County Administrator County Counsel Public Works Director County Assessor Flood Control County Treasure - Tax Collector Land Development County Auditor - Controller Planning Department Building Inspection City of Walnut Creek 1666 N. Main St. Walnut Creek, CA 94596 Ralph Garrow, Inc. P.O. Box 367 Antioch, CA 94509 Building Ind. Assoc of No. Calif. 1280 Boulevard Way #211 Walnut Creek, CA 94595 00 179 Ta ORDINANCE NO. 84-22 AN ORDINANCE REPEALING ORDINANCE NO . 79-36 OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND SUBSTITUTING A DRAINAGE FEE ORDINANCE BASED ON IMPERVIOUS SURFACE AREA WITHIN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 13 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 . 79 - 36 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 13 : SECTION I . DRAINAGE PLAN . The drainage plan and map entitled "Drainage Area 13 , Amended Boundary Map and Drainage Plan " , dated March 1984 , on file with the Clerk of the Board of Supervisors , is adopted as the drainage plan for Drainage Area 13 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 sig- nificant adverse impact on past and future developments , that development of property within the drainage area with its resultant increase in impervious surfaces will require construction of the 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 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 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 under former Ordinance No . 79-36 . 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 . ORDINANCE NO. 84-22 00 180 SECTION V. BUILDING PERMITS. Except as permitted under Sections III i� 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 construc- tion 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 $120 per pool . For other construction , modifications or replacements to an existing facility that causes 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 15 cents 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 map . 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 . BuildinR Permit Subdivision Commercial /Industrial /Downtown Office acre acre Office Medium) : 5 , 290/acre 5,910/acre Office Li ht : 4,420/acre 4,990/acre Multifamily Residential ( Including Mobile Home Parks ) . Less than 2 ,500 sq . ft . of land per unit 4,860/acre 4,860/acre 2 ,500 to 2 ,999 290/unit 290/unit 3,000 to 3,999 " " 330 " 330 If 4,000 to 4,999 it " 380 If 380 It 5,000 to 5 ,999 " " 440 " 440 " 6 ,000 to 6 ,999 " " 490 If 490 " 7 ,000 to 7 ,999 550 550 8,000 + " " 570 " 570 It Single Family Residential : 4,000 to 4 ,999 sq . ft . of land per unit 400/unit 650/unit 5 ,000 to 5 ,999 " " 420 " 670 " 6 ,000 to 6 ,999 " " 440 If 700 " 7 ,000 to 7 ,999 460 730 " 8,000 to 9 ,999 480 770 " 10,000 to 13,999 540 840 " 14,000 to 19,999 " " 630 If 970 " 20,000 to 29 ,999 If780 " 1 , 170 " 30,000 to 39 ,999 " " 960 If 1 , 390 If 40,000 + " " 1, 160 If 1 ,600 If Agricultural : Under 10% of lot impervious Exempt More than 10% of lot impervious 5 ,880/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 . ORDINANCE NO. 84-22 00 �g1 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 reimburse- ment 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 : 1 ) Where drainage fees have been partially paid under former Ordinance No . 79-36 , fees shall not be required for any part of the total area for which the fee was paid ; 2 ) 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 ; 3 ) 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 3 . EFFECTIVE DATE. This ordinance becomes effective 30 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 Contra Costa Times , a newspaper published in this county. PASSED ON May 8, 1984 by the following vote : AYES: Supervisors Powers , Fanden, Schroder, McPeak, Torlakson NOES: None ABSENT: None ATTEST : J. R. OLSSON, County Clerk and ex officio Clerk of the Board By _7 NZ I A, I 00Z Deputy ` hairman of the Board lib:fc.dal3feeord.t3 f ORDINANCE NO. 84122