HomeMy WebLinkAboutMINUTES - 03151988 - T.1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on March 15, 1988 by the following vote:
AYES: Supervisors Powers , Fanden, and Torlakson
NOES: None
ABSENT: Supervisors Schroder and McPeak
ABSTAIN: None RESOLUTION NO. 88/123
(West's Water Code App.
Ch. 63 , Sec. 12 .2 and 12 . 3)
SUBJECT: Amendment of Drainage Area 29E Boundary, Drainage Plan,
and Fee Ordinance, Oakley Area. Project No. 7548-
6D8229
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 February 2 , 1988, this Board set a public hearing
proposing to amend the drainage area boundary, drainage plan, and
fee ordinance for the Contra Costa County Flood Control and Water
Conservation District Drainage Area 29E.
On March 15, 1988, pursuant to the Board's Resolution of
February 2 , 1988, this Board held a hearing to consider the
amendment of said boundary, drainage plan, and fee ordinance.
All written and oral objections presented concerning the proposed
Amendment of the Drainage Area Boundary, 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 29E. This Board also
FINDS that no written petition for an election, signed by at
least 25 percent of the registered voters within Drainage Area
29E 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.
This Board hereby CERTIFIES that the Negative Declaration
submitted to it by Community Development Department as to the
environmental impact of the proposed Drainage Area 29E boundary
and drainage plan 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 29E Boundary Map
and Drainage Plan. The drainage plan and boundary, as shown on
the map, entitled, "Drainage Area 29E, Amended Boundary Map and
Amended Drainage Plan" , dated January, 1988, proposed to be
instituted for Drainage Area 29E, and on file with the Clerk of
the Board of Supervisors, Administration Building, Martinez,
California, is hereby INSTITUTED,.
This Board hereby ENACTS Ordinance No. 88=25'_. ., . establishing
drainage fees in said Drainage Area.
P--SOLUTION NO. 88/123
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 corrioxt copy of
an action taken and entered on the m!nutes of the
Board of Supervisors on the date shown.
ATTESTED: MAR 15 i9a
PHIL BATCHELOR, Clerk of the 9=d
of Supervisors and County Administrator
By -AA" 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
Citation Homes
P.O. Box 2359
San Leandro, CA 94577
N. CA Bldg Indus Assoc
Attn: Dean LaField
1280 Boulevard Way, #211
Walnut Creek, CA
The Hofmann Company
SC : sj
B0:1)A29Eamend .T4
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ORDINANCE NO. 88- 25
AN ORDINANCE REPEALING ORDINANCE NO. 84~61 OF THE
CONTRA COSTA COUNTY FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
AND SUBSTITUTING A NEW DRAINAGE FEE ORDINANCE FOR
CONTRA COSTA COUNTY FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
DRAINAGE AREA 29E '
The Board of Supervisors of Contra Costa County as the Governing Board of
the Contra Costa County Floud Control and Water Conservation District does ordain
as follows:
SECTION l. Ordinance No. 84-61 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 29E.
SECTION I . DRAINAGE PLAN. The drainage plan and map entitled "Drainage
Area 20E, Amended Boundary Map and Amended Drainage Plan" , dated January* 1988,
on file with the Clerk of the Board of Supervisors, is adopted as the drainage
plan for the Contra Costa County Flood Control and Water Conservation District
Drainage Area 29E 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 Il . 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: }\ TO replace a structure destroyed or damaged by fire, flood , winds
Or other act of God, provided the resultant structure hathe same, Or less
ORDINANCE NO. 88- 25
Page l of 4
imper-vious 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, 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 $335 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 $0.39 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 $16,040/acre $17,225/acre
Office Medium 13,745/acre 15,360/acre
Office (LightT- 11 ,500/acre 12,965/acre
Multifamily Residential (Including Mobile
Home Parks ):
Less than 2,500 sq. ft. of land per unit 12,635/acre 12,635/acre
2,500 to 2,999 750/unit 750/unit
3,000 to 3,999 860 " 860 "
4,000 to 4,999 1,000 11000 "
5,000 to 5,999 1,145 1,145 "
6,000 to 6,999 1,285 1 ,285 "
7,000 to 7,999 1,420 " 1 ,420 "
8,000 + 1,490 1 ,490 "
ORDINANCE NO. 88- 25
Page 2of4
Single Family Residential :
4,000 to 4,999 sq, ft, of land per unit $ 1 ,050/unit $ 1,680/unit
5,000 to 5,999 1,095 " 1,750 "
6,000 to 6,999 1,145 " 1,820 "
7,000 to 7,999 1,190 " 1,890 "
8,000 to 9,999 1 ,260 1 ,995 "
10,000 to 13,999 1 ,400 2,195 "
14,000 to 19,999 1 ,635 2,525 "
20,000 to 29,999 " 2,020 " 3,030 "
30,000 to 39,999 2,510 " 3,620 "
40,000 + " " 3,005 4,170
Agricultural :
Under 10% of lot impervious Exempt
More than 10% of lot impervious $15,285/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 former Ordinance
Nos. 79-101, 80-12, and 84-61, fees shall not be required for any part
of the total area for which the fee was paid.
ORDINANCE NO. 88- 25
Page 3 of 4
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 "Antioch Daily Ledger, a newspaper
published in this county.
PASSED AND ADOPTED ON march 15 , 1988, by the following vote:
AYES: Supervisors Powers , Fanden, McPeak and Torlakson
NOES: None
ABSENT: Supervisor Schroder and McPeak
Tori Torlakson
Chair of the Board
ATTEST: PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
By Barbara Sidari
Deputy
SC:sj
UK:DA29EOrd.t4
ORDINANCE NO. 88- 25
Page 4 of 4