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HomeMy WebLinkAboutMINUTES - 03081988 - T.2 � C , TA Y\ THE BOARD OF SUPERVIS6RS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 8, 1988 by the following vote: AYES: Supervisors Powers , Fanden, McPeak, Torlakson & Schroder NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 88/ 116 (West's Water Code App. Ch. 63, Sec. 19, 19. 1, 19.2 and 19.3) SUBJECT: Conversion of County Service Area D-3 to Drainage Area 55, Institution of a Drainage Plan and Adoption of a Drainage Fee Ordinance, Antioch Area. Project No. 7603- 6D8204 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 January 26, 1988, this Board set a public hearing proposing to convert Contra Costa County Service Area D-3 to Contra Costa County Flood Control and Water Conservation District Drainage Area 55, institute a drainage plan and adopt a drainage fee ordinance, therefor; On March 8, 1988, pursuant to the Board's Resolution of January 26, 1988, this Board held a hearing to consider the conversion of said County Service Area D-3 to Drainage Area 55 and the institution of a drainage plan and adoption of a drainage fee ordinance, therefor; All written and oral objections presented concerning the proposed actions 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 55. This Board also FINDS that no written petition for an election, signed by at least 25 percent of the registered voters within proposed Drainage Area 55, 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 and in accordance with the provisions of the Board's Resolution of January 26, 1988. This Board hereby DETERMINES that it can be seen with . certainty that there is no possibility that the conversion of CSA D-3 to Drainage Area 55 and the institution of a drainage plan and drainage fee ordinance therefor may have a significant affect on the environment, therefor, 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. This Board hereby FINDS that good cause exists for the conversion of County Service Area D-3 into Drainage Area 55 and for the adoption of a drainage fee ordinance and ORDERS that County Service Area D-3 be converted into Contra Costa County Flood Control and Water Conservation District Drainage Area 55. ,5 RESOLUTION NO . 88/116 Effective as of the date of this Resolution, all unencumbered funds standing to the credit of County Service Area D-3 in the County ,Treasury shall be transferred to the credit of Drainage Area 55. The drainage plan as shown on the map entitled, "Drainage Area 55 Boundary Map and Drainage Plan" , dated January, 1988, proposed to be instituted for Drainage Area 55 on file with the Clerk of the Board of Supervisors, Administration Building, Martinez, California, is hereby INSTITUTED. In addition, by this Resolution, the Board ADOPTS a drainage fee ordinance for Drainage Area 55. This Board hereby DIRECTS the Chief Engineer to file with the County Clerk a Notice of Determination for this project. 1 hereby certify that ti*is is a trua and correct copy of an action taken and entered on the minutes of the Board of Supervisors on tho date shown. ATTESTED: MAR 9 19A8 PHIL BATCHELOR,Clerk of the Beard of Supervisors 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 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 City of Antioch P.O. Box 130 Antioch, CA 94509 David Lennon Hoffman Company P.O. Box 907 Concord, CA 94522 Nancy Rabin Trammell Crow Company North Bay Resident 591 Redwood Hwy. , #5275 Mill Valley, CA 94941 DE : sj bo:da55consti . 5t4 RESOLUTION NO. 88/116 CRDI1NhNCE NO. 88- 2 4 AN ORDINANCE R19iAIMC ORDnW= NO. 80-41 OF THE OONM COSTA CIOUNTY SERVICE AREA D-3 AND AMPrDC A ERAINAGE FEE ORDINANCE BASED ON IMPERVIOUS SURFACE AREA WITHIN THE CONTRA COSTA COUNIY FLOOD CONML AND MkM C24SERVATION DISTRICT EFZAINMX AREA 55 The Board of Supervisors of Contra Costa County as the governing body of the Contra Costa County Flood Control and Water Clonservation District does ordain as follows: SECTION I. EPADViGE PLAN. The drainage plan and map entitled "Drainage Area 55, Boun&uy Map and 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 55 pursuant to Sections 12.2 and 12.3 of the Contra Costa County Flood Contml 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 inpact an 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 adaption of the drainage plan. SECTION III. EMKPMONS. The fee Wall 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) -Ib modify stnictures or other impervious surfaces, provided the amount of ground coverage is not increased by more than 100 square feet; 3) To convey lard to a government agency, public ORDIRMKI: NO.8 8- 2 4 Page 1 of 4 entity, public utility, or abutting property owner where a new building lot or site is not created as a result of the omweyanoe; or 4) Any lot or property for which drainage fees have been fully paid previously. -� SECTION IV. FEE DMRKEUr. On lots greater than two aches 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 -%xh time as the fee is paid. SEMCN V. BL=ING pERMr S. Emept 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. Fbr initial construction the fee shall be as set forth in Sec,-tion 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. Fbr ether 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 inpervious surface shall be subject to a fee of $0.34 per square foot, but not to exosed the amamit required under Section VII. SE)MON VI. SUBDIVISIONS. Ewept 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, oondaninium,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 the "squame feet of land per unit" shall be the lot size prior to subdividing. Exoept 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 Sec.-tion VII. SUCTION VII. FEE SCHEDULE Building Permit Subdivision Cmnnervial/Industrial/Downtown Office $13,985/acre $ 15,020/acre Office (Medium) : 11,985/acre 13,390/acre Office (Light) : 10,030/acre 11,305/acre Multifamily Residential (Including Mobile Hone parks) Less than 2,500 sq. ft. of land per unit 11,020/acre 11,020/acre 2,500 to 2,999 of of 655/unit 655/unit 3,000 to 3,999 of of 750 " 750 " 4,000 to 4,999 of of 870 " 870 " 5,000 to 5,999 " " 1,000 " 1,000 " 6,000 to 6,999 " " 1,120 " 1,120 " 7,000 to 7,999 " " 1,240 " 1,240 " 8,000 + " " 1,300 " 1,300 " Single Family Residential: 4,000 to 4,999 sq. ft. of lard per unit $ 915/unit $ 1,465/unit 5,000 to 5,999 " " 955 " 1,530 " CRDINANCE N0. 8 8- 2 4 Page 2 of 4 6,000 to 6,999 to " 1,000 " 1,590 " 7,000 to 7,999 " " 1►040 " 1,650 to 8,000 to 9,999 r' of 1,100 " 11740 to 10,000 to 13,999 " It 1,225 " 11915 ". 14,000 to 19,999 rr it 1,425 " 20205 to 20,000 to 29,999 " to 1,765 r" 2,620 to 30,000 to 39,999 " " 2,190 to 3,155 to 40,000 + " to 2,625 " 3,635 to agricultural Urxder 10% of lot impervious EXIMpt More than 10% of lot impervious $13,300/acre of developed portio On single family lots, barns and sheds -in exoess 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 log's 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. SEC'T'ION VIZI. FEE PAYMEhtI'. 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 reivbnsement for the same, in whale 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 M CREDIT. Drainage fees previously paid shall be credited as follows: a) mere 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) mere drainage fees have been paid other than pursuant to an adapted drainage fee ordinance, credit shall be given for the dollar amount of the fee paid for the development site. CtRDI KAN'CE NO 8 8- 2 A Page 3 of 4 Ln_� c) mere drainage fees have been paid purs=t to this amiinvx3e or other ordinance based on impervious surface, the credit shall be based on the ordinance in effect at the time of the additional payment. nC'TIm X. Ef'mc= DATE. This or+dinanoe 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 nme-vaper published in this county. pAssiED AND ADc)prm cN Ma r c h 8 , 19 8 8 , by the following vote: AYES: SuperN-isors Powers , Fanden , McPeak, Torlakson Schroder NOES: None ABSERr: None Robert I . Schroder Chairman of the Board AP=: PHIL BA'IC HELM, Clerk of the Board of Supervisors and County Administrator By Barbara Sidari Deputy EE:sj UK:DA550rd.t4 1/?/88 CRDINANCE No. 8 8- 2 4 page 4 of 4 `.