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HomeMy WebLinkAboutMINUTES - 08031993 - H.1 H, f THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Adopted this Resolution on August 3, 1993, by the following vote: AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson NOES: None ABSENT: None ABSTAIN: None Resolution No. 93/ 480 (West's Water Code App. Ch. 13, Sec. 1.2.2 and 12.3) SUBJECT: Repeal of Drainage Fee Ordinance No. 85-34, and the Adoption of a new Drainage Fee Ordinance for Drainage Area 48D, Pittsburg Area. Project No. 7573-6D8217 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 June 22, 1993, this Board set a public hearing to consider the repeal of the existing Drainage Fee Ordinance 85-34 and the adoption of a new drainage fee ordinance to increase drainage fees in Drainage Area 48D. On August 3, 1993, pursuant to the Board's Resolution of June 22, 1993,. this Board held a hearing to consider the repeal of Drainage Fee Ordinance 85-34 and adoption of a new drainage fee ordinance. At which time all written and oral objections presented concerning these 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 Drainage Area 48D. This Board also FINDS that no written petition for an election, signed by at least twenty-five percent of the registered voters within Drainage Area 48D, 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 June 22, 1993. The purpose of the drainage fees described in this resolution is to generate monies to finance drainage improvements in Drainage Area 48D. The fees will be used to finance the drainage facilities listed in the drainage plan and described in the engineer's report. As discussed in more detail in said report and in the Report of Impervious Surface Drainage Ordinance Dated January, 1982, the types of development that are subject to the fees will generate additional impervious surfaces and stormwater runoff within said drainage area and watershed, thus creating a need to expand or improve existing drainage facilities and a need to construct new drainage facilities. Use of the fees paid by each type of development will provide necessary infrastructure to mitigate adverse drainage impacts that would otherwise result from such development. Resolution 93/ 480 r - Repeal Drainage Fee Ordinance No. 85-34 Adoption of Drainage Fee Ordinance for Drainage Area 48D August 3, 1993 Page Two This Board hereby FINDS that the repeal of Drainage Fee Ordinance No. 85-34 and adoption of a new drainage fee ordinance for Drainage Area 48D is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the Act's guidelines. This Board also DIRECTS the Director of Community Development to file a Notice of Exemption with the County Clerk. This Board further AUTHORIZES the Chief Engineer of the Contra Costa County Flood Control and Water Conservation District to arrange for payment of $25 to the County Clerk for filing the Notice of Exemption. This Board hereby further FINDS that good cause exists for the adoption of a new drainage fee ordinance for Contra Costa County Flood Control and Water Conservation District Drainage Area 48D,, and this Board hereby ENACTS Ordinance No. 93-53 . This Board hereby also REPEALS the existing Drainage Fee Ordinance No. 85-34. I hereby certify that this is a true and correct copy Of an action taken and entered on the minutes of the Board of Supe the date shown. ATTESTED: 1993 PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator By SC:kd C:BO\BORES3.t8 Contact: P. Harrington, 31.3-2270 Originator: Public Works (FCE) cc: County Administrator Community Development Building Inspection County Counsel County Assessor County Treasurer - Tax Collector County Auditor - ControlIer Chief Engineer Flood .Control Engineering Accounting Engineering Services Building Indil;stry Association P.O. Box 5160 San Ramon, CA 94583 David Lennon Hofman Company P.O. Box 907 Concord, CA 94522 Dennis J. Razzari Davidon Homes 1600 S. Main Street #150 Walnut Creek, CA 94596 I ORDINANCE NO. 93/53 AN ORDINANCE REPEALING ORDINANCE NO. 85-34 OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND ENACTING A NEW DRAINAGE FEE ORDINANCE FOR THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 48D 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. 85-34 of the Contra Costa County Flood Control and Water Conservation District is hereby repealed. SECTION 2. The Board hereby enacts the following as the Drainage Fee Ordinance for Drainage Area 48D: SECTION I. DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 48D, Boundary Map and Drainage Plan", dated March 15, 1985, 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 48D 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 or included in the Engineer's Report; 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 Ordinance Repealing Ordinance No. 85-34 Page Two 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 propertyowner 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 111 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 $465 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, 0.54 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. Development Tyne Building Permit Subdivision Commercial/industrial/ $22,205 /acre $23,850 /acre Downtown Office Office (Medium) $19,030 /acre $21,265 /acre Office (Ught) $15,925 /acre $17,950 /acre _ Ordinance Repealing Ordinance No. 85-34 Page Three Multifamily Residential (Includes Mobile Home Parks) Less than 2,500 sq. ft. of land per unit $17,495 /acre $17,495 /acre 2500 to 2999 sq. ft. of land per unit $ 1,035 /unit $11,035 /unit 3000 to 3999 sq. ft. of land per unit $ 1,190 /unit $ 1,190 /unit 4000 to 4999 sq. ft. of land per unit ` $ 1,380 /unit $ 1,380 /unit 5000 to 5999 sq. ft. of land per unit $ 1,580 /unit $ 1,580 /unit 6000 to 6999 sq. ft. of land per unit $ 1,775 /unit $ 1,775 /unit 7000 to 7999 sq. ft. of land per unit $ 1,965 /unit $ 1,965 /unit 8000+ sq. ft. of land per unit $ 2,065 /unit $ 2,065 /unit Development Type Buildin Pa ermit Subdivision Single Family Residential 4,000 to 4,999 sq. ft. of land per unit $1,455/unit $2,325/unit 5,000 to 5,999 sq. ft. of land per unit $1,515/unit $2,425/unit 6,000 to 6,999 sq. ft. of land per unit $1,580/unit $2,520/unit 7,000 to 7,999 sq. ft. of land per unit $1,645/unit $2,620/unit 8,000 to 9,999 sq. ft. of land per unit $1,745/unit $2,760/unit 10,000 to 13,999 sq. ft. of land per unit $1,940/unit $3,040/unit 14,000 to 19,999 sq. ft. of land per unit $2,265/unit $3,500/unit 20,000 to 29,999 sq. ft. of land per unit $2,795/unit $4,195/unit 30,000 to 39,999 sq. ft. of land per unit $3,470/unit $5,010/unit 40,000+ sq. ft. of land per unit $4,165/unit $5,775/unit AGRICULTURAL Under 10 percent of lot impervious EXEMPT More than 10 percent of lot impervious $21,170/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 appy 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. Ordinance Repealing Ordinance No. 85-34 Page Four SECTION Vlll. 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 deposited in 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 used to reduce the principal or interest of anv bonded indebtedness of the drainage area. SECTION IX: CREDIT. Drainage fe credited as follows: a) Where drainage fees have b rainage fee ordinance based on acreage, fees shall not be n br any part of the total area for which the fee was paid, exc( ivision. b) Where drainage fees have been paid under this ordinance or another drainage fee ordinance based on impervious surface, fees shall not be required under Section VII for the total impervious surface area for which the fee was paid. However, fees shall be payable under Section VII for any additional impervious surface area. C) Where drainage fees have been paid other than pursuant to an adopted drainage fee ordinance, the dollar amount of the fee paid.for the development site in question shall be credited against the fees payable under Section VII. 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 "'Pitts burg Post Dispatch" a newspaper published in this area. PASSED AND ADOPTED ON August 3. 1993 _ by the following vote: AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson NOES: None ABSENT: None Ordinance Repealing Ordinance No. 85-34 Page Five /Ow Chair of the Board ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator ByA A 12 Deputy SC:kd C:BO\DA48D.t5 t CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 255 GLACIER DRIVE, MARTINEZ, CALIFORNIA DATE: July 7, 1.993 TO: Members - Board of Supervisors FROM: J. Michael Walford, Chief Engineer SUBJECT: Repeal of Drainage Fee Ordinan eAreaD OUR FT_LE: 3048D-08 It is proposed that the existing Drainage Fee Ordinance (No. 85-34) be repealed and a new Drainage Fee Ordinance be adopted for Drainage Area 48D in the West Pittsburg area. The drainage fee now in effect was set up almost ten years ago. Since the existing fee was established, land values and construction costs have risen considerably. The proposed fee ordinance for Drainage Area 48D is based on updated land and construction costs. JMW:SC:kd c:BOS3048D.t7 Attachments cc: S. Choi, Flood Control Form 1024.1B DETER 41NATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO. WO# 8217 CP NO. ACTIVITY NAME: Drainage Area 48D - Amend'Fee Ordinance DATE: June 25, 1993 PREPARED BY: Janet Frattini This activity is not subject to t1w California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (bf the CEQA Guidelines. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. DESCRIPTION OF THE ACTIVITY: The activity consists of repealing the existing Drainage Fee Ordinance (85-34) for Drainage Area 48D and adopting a new Drainage Fee Ordinance reflecting cost increases due to inflation. LOCATION: Drainage Area 48D is located in the West Pittsburg Area (Figure 1). The area is bounded roughly by the Sacramento-Northern Railroad to the north, Cleveland Avenue to the east, State Highway 4 to the south, and Clearland Drive to the west. The exact boundary is shown on Contra Costa County Flood Control and Water Conservation District drawing D-12438 (Figure 2). REVIEWED BY: ��� DATE: 7­123�' Vickie Germany, Environmental Planner APPROVED BY: 1 D DATE: �3 Community-Development Representative ada48D.det (form revised 527/93) CHarvey E. Bragdon Community Contra Development Director of Community Development Department COSta County Administration Building County 651 Pine Street 4th Floor, North Wing ;.t '` :�'<,•o� Martinez, California 94553.0095 A Phone: 646-4202 July 12, 1993 US �s�a= County File 11CP 93-38 Attention: Public Works Department Janet Frattini - Design Division Dear Applicant: The Contra Costa County Community Development Department has completed an initial study of the environmental significance of the project represented by your pending application bearing County File Number CP 93-381Drainae Area 48D-Amend Fee Ordinance, WestArea 48D-Amend Fee Ordinance, Pittsburgarea. In conformance with Contra Costa County Guidelines for implementing the California Environmental Quality Act of 1970(CEQA), it has been determined that your project will not have a significant effect on the environment. Your project falls within the following category: (x) AN ENVIRONMENTAL IMPACT REPORT (EIR) IS NOT REQUIRED. ( ) The project is categorically exempt (Class_ . ( ) The CEQA regyirements are accommodated by the EIR previously prepared for ( ) A statement that an EIR is not required (Negative Declaration of Environmental Significance has been filed by the Community Development Department (unless appealed). (x) Other: General Rule of Applicability (Section 15061(b)(3)) ( ) AN ENVIRONMENTAL IMPACT REPORT (EIR) IS REQUIRED. ( ) The complexity of your project requires your submission of additional special reports or information (as outlined on the attached sheet) (which will be outlined in a forthcoming letter). ( ) A consultant will be hired to prepare the environmental impact report. This procedure is explained on the attached sheet. Preparation of the EIR cannot be started until the fee and additional information requested is received by the Community Development Department. If you have questions concerning this determination or desire additional information relative to environmental impact report regulations, please call (510) 646-2031 and ask for Dennis Barry. Sincerely yours Harvey E. Bragdon Director of Community Development By:J/ :arra shllt i Z t i V I CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor - North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (510) 313-2296 Contact Person: Vickie Germany - Public Works Dept. Project Description, Common Name(if any)and Location: DRAINAGE AREA 48D - AMEND FEE ORDINANCE County File #CP 93-38: The activity consists of repealing the existing Drainage Fee Ordinance (85-34) for Drainage Area 48D and adopting a new Drainage Fee Ordinance reflecting cost increases due to inflation. Subject project is located in the West Pittsburg area. The area is bounded roughly by the Sacramento-Northern Railroad.to the north, Cleveland Avenue to the east, State Highway 4 to the south, and Clearland Drive to the west. The exact boundary is shown on Contra Costa County Flood Control and Water Conservation District drawing D-12438 (available for review at the County Public Works Department offices at the below-referenced address). This project is exempt from CEGA as a: Ministerial Project (Sec. 15268) _ Other Statutory Exemption, Section _ Declared Emergency (Sec. 15269(a)) xx General Rule of Applicability(Section 15061(b)(3)) Emergency Project (Sec. 15269(b) or(c)) Categorical Exemption, Class Section for the following reason(s): It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County Public Works Department Department of Fish and Game Fee - Exempt 255 Glacier Drive Martinez, CA 94553 County Clerk Fee $25 Due Receipt # Attn: Janet Frattini