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HomeMy WebLinkAboutMINUTES - 06131989 - T.3 T3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 13 , 1989 by the following vote: AYES: Supervisors Powers , Fanden, Schroder, McPeak $ Torlakson NOES: None ABSENT: None RESOLUTION NO. 89/ 388 (West's Water Code App. ABSTAIN: None Ch. 63 , Sec. 12. 2 and 12 . 3 SUBJECT: Establishment of Drainage Area 52D and the Institution of a Drainage Plan therefor and Adoption of a Drainage Fee Ordinance, Brentwood Area. Project No. 7505- 6F8163 . 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 May 2, 1989 this Board adopted a Resolution proposing to establish Drainage Area 52D, institute a drainage plan, and adopt a drainage fee ordinance for the drainage area; and On June 13 , 1989 pursuant to the Board's order of May 2, 1989, this Board held a hearing to consider the establishment of Drainage Area 52D and the institution of 'a Drainage Plan and adoption of a Drainage Fee Ordinance therefor. All written and oral objections presented concerning the proposed establishment of Drainage Area 52D, institution of a drainage plan therefor and adoption of a drainage fee ordinance were considered; and 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 52D. 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 52D, has been filed; and 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 This Board hereby CERTIFIES that the Negative Declaration submitted to it by the Community Development Department as to the environmental impact of the proposed establishment of Drainage Area 52D and institution of the 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 the establishment of Drainage Area 52D and ORDERS that Contra Costa County Flood Control and Water Conservation District Drainage Area 52D is ESTABLISHED. The drainage plan, as shown on the map entitled, "Drainage Area 52D, Boundary Map and Drainage Plan", dated February 1989 , is hereby INSTITUTED and the Clerk of the Board of Supervisors is DIRECTED to file said plan; and This Board hereby ADOPTS the Drainage Fee Ordinance No . 89-36 establishing drainage fees in said Drainage Area. RESOLUTION NO. 89/388 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 correct copy of an action taken and entered on the minutes of the Board of Supervisors ontha d own. ATTESTED: PHIL BATCHELOR,Clerk of the Board of Supemisore and County Administrator .Deputy SNC:BO:dmw DA52d.est 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 Gregory Hodges, Development Manager Citation Homes 597 Center Avenue, Suite 150 Martinez, CA 94553 Building Industry Association Eastern Division 1280 Boulevard Way, #211 Walnut Creek, CA 94596 David Lennon Hoffman Company P.O. Box 907 Concord, CA 94522 City of Brentwood City Hall - 708 3rd Street Brentwood, CA 94513 RESOLUTION 89/ 388 ORDINANCE NO. 89-36 AN ORMURK E OF 'IIS CONTRA RA COSTA COUNTY Fl" CONTROL AND WATER CONSEMMTION DISTRICT ESTABLISI rnrr. DRAMGE FEES IN rffM CONTRA COSTA COUNTY FLOOD CONTROL AND WATER IOMSERVATIM DISTRICT DRAM= ARFA 52D Mie Board of Supervisors of Contra Costa County as the governing body of the Contra Costa Ocxmty Flood Control and Water Conservation District does ordain as follows: SECTION I. DRAINAGE PIAN. The drainage plan and map entitled "Drainage Area 52D, Boundary Map and Drainage Plan", dated February 1989 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 52D pursuant to Sections 12.2 and 12.3 of the Contra Costa County Flood Cowl and Water Conservation District Act (Chapter 63 of West's Appendix to the Water Code) . SECTION II. FINDINGS. This Board finds arra 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 develcpneits; 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 i.mpervicus 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; arra 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. E 04 TIONS. 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 oonveyance; 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. Zhe 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. BUIMING 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 residentialSwim ming pools on gats for which the drainage fee has not been paid, the fee shall be $380 per pool. For other construction, modifications or replacements to an existing facility that cause an increase in irpervious surface, including but not limited to driveways, walks, patios etc. , the amount of net increase in i.q:)ervicus surface shall be subject to a fee of $0.44 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 ORDINANCE NO. 89-36 Page 1 of 3 . on each individual unit for which a final or parcel map is filed prior to recordation of said map. Town house, aonndcminiumm,and cluster housing type subdivisions creating individual lots less than 4,000 square feet shall be treated as multifamily residential arra the lot size used in determining the "square feet of lard per unit" shall be the lot size prior to subdividing. Except as rooted 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. SECTICfli VII. FEE SCfEDUIF Building Permit Subdivision Co mnexcial/Industrial/Downtown Office $18,095/acne $ 19,435/acre Office (Mediumm) : 15,505/acre 17,325/acre Office (Light) : 12,975/acre 14,625/acre Multifamily Residential (Including Mobile Home Parks) : Less than 2,500 sq. ft. of lard per unit 14,255/acre 14,255/acre 2,500 to 2,999 " " 845/unit 845/unit 3,000 to 31999 " " 970 970 " 4,000 to 4,999 " " 11125 It 11125 " 51000 to 51999 " " 1,290 It 1,290 " 61000 to 61999 " " 11450 is 1,450 " 71000 to 7,999 " " 1,600 It 11600 " 81000 + " " 1,680 " 11680 " Single Family Residential: 41000 to 4,999 sq. ft. of lard per.unit $ 1,185/unit $ 1,895/unit 5,000 to 51999 " of 11235 Is 11975 Of 6,000 to 6,999 to to 1,290 " 2,055 It 7,000 to 71999 to to 11340 " 2,135 It 81000 to 9,999 to to 11420 " 21250 " 10,000 to 13,999 to it 11580 " 21475 " 14,000 to 19,999 it of 1,845 " 21850 " 20,000 to 29,999 " of 2,280 " 31420 " 30,000 to 39,999 " " 2,830 " 41085 " 40,000 + " of 31390 " 4,705' " Agricultural: Under 10% of lot impervious Exempt More than 10% of lot impervious 17,250/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 lard shown on the latest equalized assessment roll as a lot; or (2) for new subdivision lots, that land shown an 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 hane parks) the "square feet of lard per unit" shall be the quotient obtained by dividing the lot size in squame feet by the number of dwelling units proposed to be on the lot. SECTICN VIII. FEE PA)MU. 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 accent of the drainage facilities fund established for the drainage area. Monies in said fund shall be expended solely for land acquisition, construction, engineering, adu>;n;atration, 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: Page 2 of 3 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) Were drainage fees have been paid other than pursuant to an adapted drainage fee ordinance, credit shall be given for the dollar mount of the fee paid for the development site. c) mere drainage fees have been paid pursuant to this ordinance or other ordinance based on inpervious surface, the credit shall be based on the ordinance in effect at the time of the additional payment. d) mere drainage mitigation works have been campleted as part of the development of Tracts 5946 and 6819, fees will not be required for any lot within these tracts. SFXTICK X. EFFECTIVE Mz. 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 "Brentwood News", a newspaper published in this area. PASSED AND ADOPTED cN June 13, 19 89 , by the following vote: AYES: Supervisors Powers , Fanden, Schroder, McPeak $ Torlakson NOES: None ABSENT: None � - Chair of the Board ATT'ES'T: PHIL BATCHELOR, Clerk of the Board of Supervisors arra Ckxmty Administrator By ��Xrn1.4 - -- Deputy SNC:dmw/drg DA_52D.Ord ORDINANCE NO. :89-36 Page 3 of 3