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HomeMy WebLinkAboutMINUTES - 07121988 - 1.33 i �. 37J THE BOARD OF SUPIIZVI90PS OF anm (DSII .axft Y, alUFURNIA Adopted this Resolution on July 12, 1988 by the following vote: Ate: Supervisors Powers , Fanden, McPeak, Torlakson & Schroder NDES: None ABSENT: None ABSTAIN: None RESOIMC K NO. 88/_.j24 (West's Water Code App. Ch. 63, Sec. 12.2 and 12.3) SUBJECT: Notification of. Hearing to Consider the Repeal of Drainage Fee Ordinance 82-32, and Adoption of a new Drainage Fee Ordinance Increasing Drainage Fees for Drainage Area 73, San Pablo/E1 Sobrante Area. Project No. 7567-6D8216. WHEREAS the Board of Supervisors of Contra Costa County, as the Governing Board of the Contra Costa County Flood Control and Water Conserva- tion District, RESOLVES that the Contra Costa County Flood Control and Water Conservation District Act, hereinafter referred to as Act, provides authority for said Governing Board to enact drainage fee ordinances; and WHEREAS this Board has before it for consideration the enactment of the proposed new drainage fee ordinance for Drainage Area 73. The new ordinance is described in Exhibit "B", attached hereto and incorporated herein by reference; and WHERE AS this Board also has before it the updated Engineer's Report, and the Drainage Plan, entitled "Drainage Area 73, Boundary Map and Drainage Plan", dated April, 1982. Said documents, which show the general location of said Drainage Area and provide an estimate of the cost of the facilities to be borne by property in the Drainage Area, are on file with, and may be examined at, the office of the Clerk of the Board of Supervisors, Ad- ministration Building, Martinez, California; and WHEREAS it is proposed that the existing Drainage Fee Ordinance 82-32 be repealed and a new drainage fee ordinance reflecting the increased cost of improvements be adopted; and WHEREAS at 11:00 a.m. on August 23, 1988 in the Chambers of the Board of Supervisors, Administration Building, Martinez, California, this Board will conduct a public hearing on the proposed adoption of the drainage fee ordinance. At said hearing this Board will consider and will hear and pass upon any and all written or oral objections to the adoption of the drainage fee ordinance. Upon conclusion of the hearing, the Board may abandon the proposed adoption of the drainage fee ordinance, or proceed with the same. BE IT THEREFORE RESOLVED that the Clerk of this Board is DIRECTID to publish a Notice of the Hearing, pursuant to Government Code Section 6066, once a week for two (2) successive weeks prior to the hearing in the West County Times, a newspaper of general circulation, circulated in the area of Drainage Area 73. Publication shall be ampleted at least seven (7) days before said hearing and said notice shall be given for a period of not less than twenty- (20) days. F IT IS FUFMM RESOLVED that the Clerk of the Board is DIRECTED to mail a copy of the Notice of Public Hearing to any interested party who has filed a written request for mailed notice with the Clerk of the Board or with the District, as provided by Government code Sections 54986(a) and 54992(a) . Said mailing shall be performed at least fourteen (14) days prior to the hearing. RESOLUTION NO. 88/_L24 TT IS FURmm FrEsoLVED that the exterior boundaries of said drainage area include lands within the Cities of Ridvwx and San Pablo. 7he Clerk of this Board is DI32DC'I£D to forward to the governing body of said cities a any of this resolution at least twenty (20) days before the above rK*,ed hearing. E01BIT "A" is not required for this action. 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: i(II 12 1988 PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator By A rfi, � 1lr__,Deputy orig. Dept: Public Works Department (FCE) cc County Administrator Cmt runty Developttent Building Inspection County C=Lsel County Assessor County 7Teasurer - 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 & SaTips 1150 Burnett Avenue, #D Concord, CA 94520 Citation Herres P.O. Box 2359, San Leandro, CA 94577 N. CA Bldg Indus Assoc Eastern Division 1280 Boulevard Way, #211 Walnut Creek, CA 94595 David Lennon Hofmann Company P.b=. Box 907 II COMOTd, CA 94522 1 William*- Thompson Trammell Crow Company 591 Redwood Hwy. , # 5275 Mill Valley, CA 94941 City of Richmond City of San Pablo UK :Clw: dmv DA73Not .t9 Mbit "B" ORDINANCE NO. 88/ AN ORDINANCE OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ESTABLISHD4G DRAINAGE FEES IN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 73 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 PIAN. The drainage plan and map entitled "Drainage Area 73, Boundary Map and Drainage Plan", dated 14ay, 1982, 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 73 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 inpervious 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 DEFERME1Fi'. 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 $86 per pool. For other construction, modifications or replacements to an existing facility that cause an increase in inpervious 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 $0.10 per square foot, but not to exceed the amount required under Section VII. ORDINANCE NO, 88/ Page 1 of 3 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, condo minium,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 SCHEDUIE Building Permit Subdivision CoYmercial/Industrial/Downtown Office $4,112/acre $ 4,417/acre Office (Medium) : 3,524/acre 3,938/acre Office (Light) 2,949/acre 3,324/acre Multifamily Residential (Including Mobile_ Hone Parks) Less than 2,500 sq. ft. of land per unit 3,240/acre 3,240/acre 2,500 to 2,999 " " 192/unit 192/unit 3,000 to 3,999 " " 220 " 220 " 4,000 to 4,999 " If 256 " 256 It 5,000 to-5,999 " '! 293 !' 293 6,000 to 6,999 " " 329 " 329 7,000 to 7,999 " It 364 " 364 It 8,000 + " '! 382. " 382 Single Family Residential: 4,000 to 4,999 sq. ft. of land per unit $ 269/unit $ 431/unit 5,000 to 5,999 '! If 281 " 449 " 6,000 to 6;999 " If 293 '! 467 " 7,000 to 7,999 " " 305 " 485 " 8,000 to 9,999 " of 323 " 511 " 10,000 to 13,999 " to 359 !' 563 " 14,000 to 19,999 If '! 419 !' 648 !' 20,000 to 29,999 If If 518 " 777 " 30,000 to 39,999 of " 643 " 928 " 46,000 + " !' 771 '! 1,069 !' Agricultural; Under 10% of lot impervious Exempt More than 10% of lot impervious $3,920/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 shaven 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 hone 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. ORDINANCE NO. 88/ Page 2 of 3 SECTION IX: CREDIT. Drainage .fees previously paid shall be credited as follows: a) Where drainage fees have been partially paid under a former Ordinance No. 82-32 fees, 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 by the following vote: AYES: NOES: ABSENT: Chair of the Board ATTEST; PHIL BATCHEEIDR, Clerk of the Board of Supervisors and County Administrator By Deputy MM:sj/dmw DA730rd.t9 ORDINANCE NO. 88/ Page 3 of 3