HomeMy WebLinkAboutMINUTES - 05141985 - T.9 ,pOt
THE BOARD OF SUPERVISOtS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on May 14, 1985 by the following vote:
AYES: Supervisors Powers , Schroder, McPeak, Torlakson 8 Fanden
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 85/ 247
(West's Water Code App.
CH. 63, SeC. 12.2 and "12.3)
SUBJECT: Establishment of Drainage Area 48D and the Institution of a Drainage
Plan therefor and Adoption of Drainage Fee Ordinance, West Pittsburg
Area. Project No. 7505-6F8183.
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:
On April 9, 1985, this Board adopted its Resolution No. 85/158 proposing
to establish Contra Costa County Flood Control and Water Conservation District
Drainage Area 48D, consisting of that real property described in "Exhibit "A",
attached thereto, and institute a drainage plan therefor.
On May 14, 1985, pursuant to Resolution No. 85/158, this Board held a
hearing on the question of the establishment of said Drainage Area and institution
of a drainage plan therefor. At the time and place fixed for said hearing before
this Board, all written and oral objections presented concerning the proposed
Drainage Area and plans 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
proposed Drainage Area 48D. This Board also finds that no written petition for
an election, signed by at least 25% of the registered voters within Drainage Area
48D, 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 have been followed in accordance with
Sections 11 and 12.3 of the Contra Costa County Flood Control and Water Con-
servation District Act and in accordance with the provisions of Resolution
No. 85/158.
This Board has received no resolution or ordinance adopted by an
affected city requesting the exclusion of territory from proposed Drainage
Area 48D.
This Board FINDS that the proposed Drainage Area 48D is a portion of a
drainage area which has not been formally adopted but for which a negative declar-
ation_ of environmental significance, PW 83-110,, has been processed. This Board
further FINDS that said negative declaration fully covers all actions proposed
to be performed for the proposed Drainage Area 48D, and that .these actions will
not have any significant adverse impacts on the environment.
The Board hereby CERTIFIES that the negative declaration submitted
to it by the Planning Department as to the environmental impact of proposed
Drainage Area 48D has been completed in compliance with the California
Environmental Quality .Act, and this Board has reviewed and considered the
information contained therein.
RESOLUTION NO. 85/247
This Board hereby FINDS that good cause exists for the establishment
of Drainage Area '48D and ORDERS that Contra Costa County Flood Control and
Water Conservation District Drainage Area 48D is established, consisting of
the real property described in the aforementioned Exhibit "A". The drainage
plan, as shown on the map entitled "Drainage Area 48D, Boundary Map and Drainage
Plan", dated March 15, 1985, proposed to be instituted for Drainage Area 48D and
on file. with the Clerk of the Board of Supervisors, Administration Building,
Martinez, California, is hereby INSTITUTED.
This Board hereby ENACTS Ordinance No. 85_34establishing drainage
fees in said Drainage Area.
This Board hereby DIRECTS the Chief Engineer to file with the County
Clerk a Notice of Determination for this Project.
I hereby certify tha:this Is a true and correct copy of
an ac:lon taken and entered on the,minutes of thq
Board of Suporvisors on the date shown.
ATTESTED: _,__�AY 141"5 ,
PKil.BATCHELOR.Clerk of the Board
of Supervisors and County Administrator
By Deputy
Orig. Dept. Public Works Department, Flood Control Planning
cc: County Administrator
Public Works Director
Flood Control Planning
Land Development
Accounting
Community Development
Building Inspection
County Counsel
' County -Assessor
County Treasurer - Tax Collector
County Auditor - Controller
Ralph Garrow
P. 0. Box -367
Antioch CA 94509
Building Industry Assoc.
of_.No. California
1280 Boulevard Way, #211
Walnut Creek CA 94595
City of Pittsburg
P. 0. Box 1518
Pittsburg CA 94565
AF:gn
bo:da48d.estab.t4 RESOLUTION NO.. 85/247
ORDINANCE NO. 857-34
AN ORDINANCE OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT ESTABLISHING DRAINAGE FEES IN THE CONTRA
COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
DRAINAGE AREA 48D .
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 I. DRAINAGE PLAN. The drainage plan and map entitled "Drainage
Area 48D, Boundary Map and Drainage Plan", dated March 15, 1985, on file with
the Clerk of the Board of Supervisors, is adopted as the drainage plan for
Drainage Area 48D 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
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 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 $300 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 35 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 subdivi-
sion 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 multi-family residential and the lot size used in determining the
"Square feet of land per unit" shall be the lot size prior to subdividing.
ORDINANCE 85-34
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 Office 14,390/acre . 15,460/acre
Office Medium, : 12,335/acre 13,785/acre
Office (Light) ; 10,320/acre 11,635/acre
Multifamily Residential (including
Mobile Home Parks
'Less than 2,500 sq. ft. of land per unit , 11,340/acre 11,340/acre
2,500 to 2,999 670/unit : 670/unit
3,000 to 3,999 770/unit 770/unit
4,000 to 4,999 As
If
If
" 895/unit 895/unit
5,000 to 5,999 " " to Is 1 ,025/unit 1 ,025/unit
6,000 to 6,999 If OR if1 ,150/unit 1 ,150/unit
7,000 to 7,999 1 ,275/unit 1 ,275/unit
8;000+ 1 ,335/unit 1 ,335/unit
Single Family Residential :
4,000 to 4,999 sq. ft. of land per unit 940/unit 1 ,510/unit
5,000 to 5,999 1198.5/unit 1 ,570/unit
6,000 to 6,999 1 ,025/unit 1 ,635/unit
7,000 to 7,999 111 ,070/unit 1 ,700/unit
8,000 to 8,999 1 ,130/unit 1 ,790/unit
10,000 to 13,999 1 ,255/unit 1 ,970/unit
14,000 to 19,999 1 ,465/unit 2,270/unit
20,000 to 29,999 1 ,815/unit 2,720/unit
30,000 to 39,999 " 2,250/unit 3,250/unit
40,000+ " " if It
2,700/unit 3,740/unit
Agricultural :
Under % of lot impervious Exempt
More than 10% of lot impervious $13,720/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 a former Ordinance,
fees shall not be required for any part of the total area for which the
fee was paid.
b) Where drainage fees have been .paid other than pursuant to an adopted
ORDINANCE 85-34
!� 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 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 Pittsburg Post-Dispatch, a
newspaper published in this county.
PASSED AND ADOPTED ON May 14 , 1985 by the following vote:
AYES: Supervisors Powers , Schroder, McPeak, Torlakson $ Fanden
NOES: None
ABSENT: None
Chairman f e Boar
ATTEST: PHIL BATCHELOR,
Clerk of the Board of
Supervisors and County Administrator
By
Deputy
UK:DA48D.EXH.B.T4
ORDINANCE 85-34