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HomeMy WebLinkAboutMINUTES - 06041985 - T.3 .. . T 3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 4, 1985 by the following vote: AYES: Supervisors Powers , Schroder, McPeak, Torlakson Fanden NOES: None ABSENT: None ABSTAIN: 'None RESOLUTION NO. 85/ .296 (West's :Water Code App. CH.639 Sec. 12.2 And 12.3 SUBJECT: Conversion of Storm Drainage. District Zone 37A into Flood Control District Drainage Area 37A, South Danville area. Project No. 7555-6DB251. 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 23, 1985, this Board adopted its Resoluion No. 85/194 proposing to convert Contra Costa County Storm Drainage District Zone 37A (hereinafter Zone 37A) , into Contra Costa County Flood Control and Water Conservation District Drainage Area 37A (hereinafter Drainage Area 37A), consisting of that real property described in "Exhibit "A", attached thereto, and institute a drainage plan therefor. On June 4, 1985, pursuant to said Resolution No. 85/194, this Board held a hearing on the question of the conversion of said Storm Drainage District Zone into said Drainage Area, the institution of drainage plan therefor, and the adoption of a drainage fee ordinance. At the time and place fixed for said hearing before this Board, all written and oral objections presented concerning the proposed Contra Costa County Flood Control and Water Conservation District Drainage Area, plans, 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 proposed Drainage Area 37A. This Board also finds that no written petition for an election, signed by at least 25% of the registered voters within Drainage Area 37A, 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 Conservation District Act and in accordance with the provisions of Resolution No. 85/194. This Board has received no resolution or ordinance adopted by an affected city requesting the exclusion of territory from the proposed Drainage Area 37A. This Board hereby DETERMINES that it can be seen with certainty that there is no possibility that the conversion of Zone 37A into Contra Costa County Flood Control and Water Conservation District Drainage Area 37A and the adoption of a drainage fee ordinance may have a significant effect on the environment, therefore the project is not subject to the California Environmental Quality Act pursuant to Section 15061 (b) (3) of Chapter 3 of said Act's guidelines. RESOLUTION NO. 85/ 296 This Board hereby FINDS that good cause exists for the conversion of Zone 37A into Drainage Area 37A and for the adoption of a drainage fee ordinance and ORDERS that Contra Costa County Storm Drainage District Zone 37A be converted into Contra Costa County Flood Control and Water Conservation District Drainage Area 37A, consisting of the real property described in the aforementioned Exhibit "A". Effective as of the date of this resolution, all unencumbered funds standing to the credit of Zone 37A in the County Treasury shall be transferred to the credit of Drainage Area 37A and all indebtedness of Zone 37A shall become indebtedness of Drainage Area 37A. The drainage plan as shown on the map entitled "Drainage Area 37A Boundary Map and Drainage Plan", dated October, 1984, proposed to be instituted for Drainage Area 37A, on file with the Clerk of the Board of Supervisors, Administration Building, Martinez, California, is hereby INSTITUTED. In addition, by this Resolution, this Board ADOPTS a drainage fee ordinance for Drainage Area 37A. I hereby certify thc:this M a true and correct a*"of an action taken and eniored on the minutes of the hoard of Supervisors on the date shown. ATTEST"MD: PHIL BAT CHELOn,Cion:of the Board of Supervisors and County Administrator sr .Deputy ° Orig. Dept. Public Works Department, Flood Control Planning cc: County Administrator Public Works Director Flood Control Planning Land Development Accounting Community Development Department 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 Danville 542 San Ramon Valley Blvd. Danville CA 9452 BJK:UK:pg BO:Z37ADA37A.t5 RESOLUTION NO. 85/296 ORDINANCE NO. 85-4 1 AN ORDINANCE REPEALING ORDINANCE NO. 71-88 OF THE CONTRA COSTA COUNTY STORM DRAINAGE DISTRICT AND ADOPTING A DRAINAGE FEE ORDINANCE BASED ON A UNIFORM FEE PER ACRE WITHIN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 37A The Board of Supervisors of Contra Costa County as the governing board of the Contra Costa County Flood Control and Water Conservation District and the Contra Costa County Storm Drainage District does ordain as follows: SECTION 1. Ordinance No. 71-88 of the Contra Costa County Storm Drainage District is hereby repealed. SECTION 2. The Board hereby enacts the following as the drainage fee ordinance for Drainage Area 37A: SECTION I. The drainage plan and map entitled "Drainage Area 37A, Boundary Map and Drainage Plan", dated January, 1985, on file with the Clerk of the Board of Supervisors, is adopted as the drainage plan for Drainage Area 37A 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 37A 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. SECTION IV. The drainage facilities planned are hereby found to be in addition to existing drainage facilities serving Drainage Area 37A at the time of the adoption of said drainage plan for Drainage Area 37A. 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 37A 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 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 surfaces 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. ORDINANCE N0. 85-41 l 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 improvement 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 result of the subdivision is twenty acres or more. 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 37A. 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 37A, or to reduce the principal or interest of any bonded indebtedness of Drainage Area 37A. SECTION VIII. The fee imposed hereunder shall be $925 per acre. SECTION IX. For individual lots the fee shall be determined by multiplying the fee per acre by the area of the lot calculated to the nearest hundredth 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 two (2) acres 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 two (2) acres, the "lot" shall include the construction area, containing a minimum of two (2) acres, plus its share of common area, when applicable. 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 two (2) acres, the area of these lots used in determining the gross area shall be limited to two (2) acres 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 two (2) acres 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 two (2) acres, will be subject to payment of acreage fees whenever it is subdivided or additional building permits are obtainep. ORDINANCE NO. 85-41 SECTION XI. 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" . PASSED AND ADOPTED on June 4 1985 by the following vote. AYES: Supervisors Powers , Schroder, McPeak, Torlakson $ Fanden NOES: None ABSENT: None Chairma o the Board ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator Djuty UK:gn UK:da37AexhB.t4 ORDINANCE NO. 85-41 ORDINANCE NO. 85-4 1 AN ORDINANCE REPEALING ORDINANCE NO. 71-88 OF THE CONTRA COSTA COUNTY STORM DRAINAGE DISTRICT AND ADOPTING A DRAINAGE FEE ORDINANCE BASED ON A UNIFORM FEE PER ACRE WITHIN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 37A The Board of Supervisors of Contra Costa County as the governing board of the Contra Costa County Flood Control and Water Conservation District and the Contra Costa County Storm Drainage District does ordain as follows: SECTION I. Ordinance No. 71-88 of the Contra Costa County Storm Drainage District is hereby repealed. SECTION 2. The Board hereby enacts the following as the drainage fee ordinance for Drainage Area 37A: SECTION I. The drainage plan and map entitled "Drainage Area 37A, Boundary Map and Drainage Plan", dated January, 1985, on file with the Clerk of the Board of Supervisors, is adopted as the drainage plan for Drainage Area 37A 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 37A 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. SECTION IV. The drainage facilities planned are hereby found to be in addition to existing drainage facilities serving Drainage Area 37A at the time of the adoption of said drainage plan for Drainage Area 37A. SECTION V. The Contra' tosta 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 37A 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 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 surfaces 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. ORDINANCE NO. 85-41 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 improvement 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 result of the subdivision is twenty acres or more. 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 37A. 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 37A, or to reduce the principal or interest of any bonded indebtedness of Drainage Area 37A. SECTION VIII. The fee imposed hereunder shall be $925 per acre. SECTION IX. For individual lots the fee shall be determined by multiplying the fee per acre by the area of the lot calculated to the nearest hundredth 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 two (2) acres 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 two (2) acres, the "lot" shall include the construction area, containing a minimum of two (2) acres, plus its share of common area, when applicable. 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 two (2) acres, the area of these lots used in determining the gross area shall be limited to two (2) acres 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 two (2) acres 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 two (2) acres, will be subject to payment of acreage fees whenever it is subdivided or additional building permits are obtained. ORDINANCE NO. 85-41 SECTION XI. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shallpublished once with the names of Supervisors voting for and against it in'U "Contra Costa Times" . PASSED AND ADOPTED on June 4 1985 by the following vote. AYES: Supervisors Powers , Schroder, McPeak, Torlakson $ Eanden NOES: None ABSENT: None Chairma o the Board ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By Qe�lvne D ty UK:gn UK:da37AexhB.t4 ORDINANCE NO. 85-41