HomeMy WebLinkAboutMINUTES - 06231987 - T.5 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY , CALIFORNIA
Adopted this Order on June 23 , 1987 , by the following vote :
AYES: Supervisors Fanden,,'T-_o-rlakson and Schroder
NOES : None
ABSENT: Supervisors Powers and McPeak
ABSTAIN : None RESOLUTION N0 . 87/ 393
(West ' s Water Code App .
Ch . 63 , Sec . 19 , 19 . 1 ,
19 .2 and 19 . 3 )
SUBJECT: Conversion of Storm Drainage District Zone 22 into
Flood Control Drainage Area 22 , Concord and Walnut
Creek Area . Project No . 7588- 6F8179- 87 .
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 May 12 , 1987 , this Board set a public hearing proposing
to convert Contra Costa County Storm Drainage District Zone 22 to
Contra Costa County Flood Control and Water Conservation District
Drainage Area 22 .
On June 23 , 1987 , pursuant to the Board ' s order of May 12 ,
1987 , this Board held a hearing to consider 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 . All written and oral objections
presented concerning the proposed conversion of Drainage Zone 22
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 22 . This Board
also FINDS that no written petition for an election , signed by a
least 25 percent of the registered voters within proposed
Drainage Area 22 , 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 Section 11
and 12 . 3 of the Contra Costa County Flood Control and Water.
Conservation District Act .
This Board hereby DETERMINES that it can be seen with
certainty that there is no possibility that the conversion of
Zone 22 into Contra Costa County Flood Control and Water Conser-
vation District Drainage Area 22 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 Environ-
mental Quality Act pursuant to Section 15061 ( b) ( 3 ) of Chapter 3
of said Act ' s guidelines .
This Board hereby FINDS that good cause exists for the
conversion of Zone 22 into Drainage Area 22 and for the adoption
of a drainage fee ordinance and ORDERS that Contra Costa County
Storm Drainage District Zone 22 be converted into Contra Costa
County Flood Control and Water Conservation District Drainage
Area 22 . Effective as of the date of this Resolution , all
unencumbered funds standing to the credit of Zone 22 in the
RESOLUTION NO . 87/ 393
County Treasury shall be transferred to the credit of Drainage
Area 22 and all indebtedness of Zone 22 shall become indebtedness
of Drainage Area 22 . The drainage plan as shown on the map
entitled , "Drainage Area 22 Boundary Map and Drainage Plan" ,
dated April , 1987 , proposed to be instituted for Drainage Area
22 , on file with the Clerk of the Board of Supervisors , Adminis-
tration Building , Martinez , California , is hereby INSTITUTED . In
addition , by this Resolution , this Board ADOPTS a drainage fee
ordinance for Drainage Area 22 .
This Board hereby DIRECTS the Chief Engineer to file with
the County Clerk a Notice of Determination for this project .
I hereby certify that this Is a true and correctcopy of
an act'.on taken and erterod on uNe minutes of the
Board of Supervisors on tho date shown.
ATTESTED: -11 IN 2 3-1981
PHIL BATCHELOR, Clark of the Board
of Suprerm:3ors and County Administrator
By , Deputy
Orig. Dept: Public Works Department (FCE )
cc : County Administrator
Community Development
Building Inspection
County Counsel
County Assessor
County Treasurer - Tax Collector
County Auditor - Controller
Chief Engineer
Flood Control Engineering
Accounting
Engineering Services
Ralph Garrow , Inc .
P .O . Box 367
Antioch CA 94509
Dick Striegel
McKay & Somps
1150 Burnett Avenue , #D
Concord , CA 94520
City of Concord
1950 Parkside Drive
Concord , CA 94520
City of Walnut Creek
1667 North Main Street
Walnut Creek , CA 94596
Citation Homes
P .O . Box 2359
San Leandro , CA 94577
N . CA Bldg Indus Assoc
Attn : Dean LaField
1280 Boulevard Way, 9211
Walnut Creek , CA
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ORDINANCE NO. 87744
AN ORDINANCE REPEALING ORDINANCE NO. 1769
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 22
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 1. Ordinance No. 1769 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 22:
SECTION I. DRAINAGE PLAN. The drainage plan and map entitled "Drainage
Area 22, Amended Boundary Map and Drainage Plan", dated April , 1987 , on file with
the Clerk of the Board of Supervisors, is adopted as the drainage plan for
Drainage Area 22 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
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
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 already 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 by
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, 4s 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 $33 per pool . For
other construction, modifications or replacements to an existing facility that
cause 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 $0.05 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 Building Permit Subdivision
Commercial/Industrial/Downtown Office 2,055/acre 2,210/acre
fice a ium : 1,760/acre 1,970/acre
Office (Light) : 1,475/acre 1,660/acre
Multifamily Residential Includin Mobile
ome Parks) :
Less than 2,500 sq. ft. of land per unit $1 ,620/acre $1 ,620/acre
2,500 to 2,999 95/unit 95/unit
3,000 to 3,999 " " 110 It
110 "
49000 to 49999 Is " 130 If
130 "
5,000 to 5,999 to " 145 " 145 It
6,000 to 6,999 It
If
165 " 165 It
7,000 to 79999 If
" 180 " 180 "
8,000 + 11 " 190 190 it
Single Family Residential :
4,000 to 4,999 sq. ft. of land per unit $ 135/unit $ 215/unit
5,000 to 5,999 11140 225 "
6,000 to 69999 18145 235 "
7,000 to 7,999 " of 150 " 245 If
89000 to 9,999 it 160 255 "
10,000 to 13,999 180 280 "
14,000 to 19,999 210 325 "
20,000 to 29,999 If
If
260 " 385 "
30,000 to 39,999 " " 320 it 465 If
40,000 + If " 385 " 535 If
Agricultural :
Under 10% of lot impervious Exempt
More than 10% of lot impervious $1,960/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
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 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 "Contra Costa Times", a newspaper
published in' this county.
PASSED AND ADOPTED ON June 23, 1987 by the following vote:
AYES: Supervisors Fanden, Torlakson and Schroder
NOES: None
ABSENT: Supervisor Powers and McPea
Chairman of the oar
ATTEST: PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
By )", ju,-
Deputy
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ORDINANCE NO. 87-44