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HomeMy WebLinkAboutMINUTES - 07171984 - T.3 T3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA non � . + ,, -r^11 Adopted this Order on July ??y —r'1141 R n AYES: Supervisors Powers, Fanden, Schroder, Torlakson NOES: None ABSENT: Supervisor McPeak ABSTAIN: None RESOLUTION NO. 84/421 SUBJECT: Amendment to the Drainage Area 52C Plan ) and Drainage Fee Ordinance, Brentwood 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 June 5, 1984., this Board adopted its Resolution No. 84/320 proposing to amend the drainage area plan and drainage fee ordinance for the Contra Costa County Flood Control and Water Conservation District Drainage Area 52C. On July 17, 1984, pursuant to Resolution No. 84-421 , 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. ,_Thi.s.._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 52C. This Board also FINDS that no written petition for an election ' signed by at least 25% of the registered voters within Drainage Area 52C, 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 regular y given and all procedures to be followed have been followed, all 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. 84-421 . 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 52C 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. 000202 This Board hereby FINDS that good cause exists for, and.'APPROVES, the amendment of the Contra Costa County Flood Control and Water Conservation -- v-Dilinage Area 52C Plan, dated May, 1984, 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 taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: � I.7, J.R. OLSSON, COUNTY CLERK and ex officio Clerk of the Board By , Deputy Pb Orig.Dept.: Public Works Department cc: County Administrator Public Works Director Flood Control Planning Land Development Planning Department Building Inspection City of Brentwood 708 Third Street Brentwood, CA 94513 Ralph Garrow, Inc. P. 0. Box 367 Antioch, CA 94509 Building Industry Assoc. of No. California 1280 Boulevard Way, #211 Walnut Creek, CA 94595 County Counsel County Assessor County Treasurer - Tax Collector County Auditor - Controller County Recorder fc:fc.da52c.2ndresol .t5 RESOLUTION NO. 84/421 00020" .t. ORDINANCE NO. 84-38 AN ORDINANCE REPEALING ORDINANCE NO. 83-33 OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND SUBSTI1UTING A DRAINAGE FEE ORDINANCE BASED ON A PINIFORM FEE PER ACRE WITHIN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 52C 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. 83-33 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 52C: SECTION I . The drainage plan and map entitled "Drainage Area 52C, Amended Boundary Map and Drainage Plan" , dated May, 1984, on file with the Clerk of the Board of Supervisors, is adopted as the drainage plan for Drainage Area 52C 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. It is found and determined that past and future subdivisions and development of property within Drainage Area 52C require the construction of the facilities described in said drainage plan and that the fees herein provided to be charged are fairly apportioned within said drainage area on the basis of benefits conferred on property within said drainage area. SECTION III . The fees herein provided are apportioned uniformly on a per acre basis, and the total of all fees collectible hereunder does not exceed the total estimated costs of all drainage facilities shown on the drainage plan. 000204 SECTION IV. The drainage facilities planned are hereby found to be in addition to existing drainage facilities serving Drainage Area 52C at. the time of the adoption of said drainage plan for Drainage Area 52C SECTION V. The Contra Costa County or the City official having Jurisdiction shall not issue a building permit for construction resulting in a 500-square. foot or more increase in ground coverage within Drainage Area 52C until this fee has been paid. The official having .Jurisdiction may accept cash, or other consideration (in the form of actual construction of a part of drainage facilities by the applicant or his principal) in lieu of the fee when authorized to do so by the Chief Engineer of the District. This fee shall not be required if the requested permit is for the performance of one of the following: (1) To replace a structure destroyed or damaged by fire, flood, wind, or acts of God. This exception is only to the extent that the resultant structure has the same or less ground floor square footage as the original structure; if the ground floor square footage is increased, the square footage of the additional ground floor area shall be used to determine if a fee is due. (2) To construct a swimming pool, patio, patio cover, or driveway. (3) To construct facilities (including dwellings) on lots greater than twenty acres in area, provided that less than ten percent of the lot area is covered by impervious surfaces. (4) To construct, enlarge or modify concrete or asphalt concrete sur- faces incidental to land uses other than single family residential. This exemption is only to the extent that the increase in impervious area is less than 1,500 square feet. SECTION VI . In the case of a new subdivision, the subdivider shall pay the fees prior to the recordation of the final or parcel map. The fees may be paid on the entire proposed subdivision or on each individual phase for which a final or parcel map is filed. The fees in the case of a subdivision shall be paid to either the County or City official having Jurisdiction along with the other fees submitted with the subdivision im- provement plans. The official having Jurisdiction may accept cash, or other consideration (in the form of actual construction of a part of said drainage facilities by the applicant or his principal) in lieu of the payment of fees when authorized to do so by the Chief Engineer of the District. This fee shall not be required: (1) If the subdivision is for the conveyance of 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. (2) If the minimum lot size created as a result of the subdivision is twenty acres or more. 000205 j' SECTION VII . All fees collected hereunder shall be paid into the County Treasury to the account of the drainage facilities fund established for Drainage Area 52C. Monies in said fund shall be expended solely for land acquisition, construction, engineering, repair maintenance and operation or reimbursement for the same, in whole or in part, of drainage facilities within said Drainage Area 52C, or to reduce the principal or interest of any bonded indebtedness of Drainage Area 52C. SECTION VIII. The fee imposed hereunder shall be $9,82O per acre. SECTION IX. For individual lots the fee shall be determined by multiplyin the fee per acre by the area of the lot calculated to the nearest hundredtg of an acre. For the purpose of this section of the ordinance "lot" shall mean either of the following: (1) That land shown on the latest equalized County assessment roll as a unit when said unit contains one-half (1/2) acre or less, plus its share of common area, when applicable. (2) When the unit of land, as shown on the latest equalized County assessment roll , contains more than one-half (1/2) acre, the "lot" shall include the construction area, containing a minimum of one-half (1/2) acre, plus its share of common area, when appli- cable. The "lot" shall exclude the area falling within the public street right-of-way. (3) For subdivisions the fee shall be determined by multiplying the fee per acre by the gross area of the subdivision excluding the area falling within the public street right-of-way prior to the land being subdivided. Where a subdivision creates individual residential lots larger than one-half (1j) acre, the area of these lots used in determining the gross area shall be limited to one-half (h) acre per lot. SECTION X. No lot shall be subject to payment of the fee, under the terms of this ordinance, more than once, excepting those lots greater than one-half (1/2) acre where partial fees were paid in accordance with the requirements of SECTION IX. In the case of a partial fee payment the remainder of the lot, excluding the one-half (1/2) acre, will be subject to payment of acreage fees whenever it is subdivided or 'additional building permits are obtained. 000 206,. 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 "Brentwood News", a newspaper published in this county. PASSED AND ADOPTED ON JULY 17, 1984 , by the following vote : AYES: Supervisors - Powers , Fanden, Schroder, Torlakson NOES: Supervisors - None ABSENT: Supervisors - McPeak sL Tom Torlakson chairman of the Board ATTEST: J.R. Olsson, County Clerk and ex officio the Clerk of the Board By a- --� Deputy Reeni DuBois fc:fc.da52cdrainfeeord.