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HomeMy WebLinkAboutMINUTES - 09281993 - 1.14 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 September 28, 1993, by the following vote: AYES: Su-)?rvisors Potaers, S-mith, P;ishop, NcPoa': and Torlakson NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 93/L67 (West's Water Code App. Cb. 632 See. 12.2 and 12.3) SUBJECT: Notification of Hearing to Consider an Amendment of the Drainage Plan, the Repeal of Drainage Fee Ordinance No. 84-60 and Adoption of a new Drainage Fee Ordinance for Drainage Area 29D, Oakley area. Project No. 7556-6D8209 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: The Contra Costa County Flood Control and Water Conservation District Act, hereinafter referred to as Act, provides authority for the filing of supplementary, amendatory and additional engineer's reports and for the adoption of drainage fee ordinances. This Board has before it for consideration an amendment to the Drainage Plan for Drainage Area 29D. The amendment provides for adjustments in drainage pipe lengths, sizes and locations. This Board has before it for consideration the adoption of the proposed new drainage fee ordinance for Drainage Area 29D, which is attached hereto and marked Exhibit "A," providing for payment of the increased cost of the facilities described in said drainage plan. This Board also has before it the Engineer's Report entitled "Engineer's Report for the Amendment of the Drainage Plan, the Repeal of Drainage Fee Ordinance 84-60, and Adoption of a new Drainage Fee Ordinance for the Contra Costa County Flood Control and Water Conservation District Drainage Area 29D", and the drainage plan entitled "Drainage Area 29D, Boundary Map and Amended Drainage Plan", dated August, 1993, proposed to be instituted for Drainage Area 29D. Said documents which show the general location of the proposed drainage lines under the plan amendment and provide an explanation for the addition to the existing drainage fee within Drainage Area 29D, are on file with, and may be examined at, the office of the Clerk of the Board of Supervisors,Administration Building, Martinez, California. It is proposed that the Boundary Map and Amended Drainage Plan, dated August, 1993, be instituted and the existing Drainage Fee Ordinance No. 84-60 be repealed and that the attached drainage fee ordinance be adopted. At 11 a.m. on November 9, 1993, in the Chambers of the Board of Supervisors, Administration Building, Martinez, California, this Board will conduct a public hearing on the proposed repeal of the existing drainage fee ordinance and adoption of the new 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 proposed action. Upon conclusion of the hearing, the Board may abandon the proposed repeal of the existing drainage fee ordinance and adoption of a new drainage fee ordinance or proceed with the same. Resolution 93(567 Repeal of Drainage Fee Ordinance No. 84-60 Drainage Area 29D September 28, 1993 Page Two The Clerk of this Board is DIRECTED 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 Daily Ledger Post Dispatch, a newspaper of general circulation, circulated in Drainage Area 29D. Publication shall be completed at least seven (7) days before said hearing and said notice shall be given for a period of not less than twenty (20) days. The Clerk of the Board is further 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 66016(a). Said mailing shall be performed at least fourteen (14) days prior to the hearing. I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Sups�� 1date�shown. ATTESTED: PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator SC:kd C:BO\BORES28.t9 Contact: P. Harrington 313-2270 Originator: 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 Building Industry 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 R f ORDINANCE NO. 93/ AN ORDINANCE REPEALING ORDINANCE NO. 84-60 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 29D 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. 84-60 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 291): SECTION I. DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 29D, Boundary Map and Amended Drainage Plan", dated August, 1984, 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 29D 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). Said drainage plan is hereby amended as set forth in "Drainage Area 29D, Boundary Map and Amended Drainage Plan" dated August, 1993. 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. Ordinance Repealing Ordinance No. 84-60 Page Two 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. 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, 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 $495 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 $0.56 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. ORDINANCE NO. 93/ Ordinance Repealing Ordinance No. 84-60 Page Three SECTION VII. FEE SCHEDULE. Development Type Building Permit Subdivision Commercial/Industrial/ $23,025 /acre $24,735 /acre Downtown Office Office (Medium) $19,735 /acre $22,055 /acre Office (Light) $16,515 /acre $18,615 /acre Multifamily Residential (Includes Mobile Home Parks) Less than 2,500 sq. ft. of land per unit $18,145 /acre $18,145 /acre 2500 to 2999 sq. ft. of land per unit $ 1,075 /unit $ 1,075 /unit 3000 to 3999 sq. ft. of land per unit $ 1,230 /unit $ 1,230 /unit 4000 to 4999 sq. ft. of land per unit $ 1,435 /unit $ 1,435 /unit 5000 to 5999 sq. ft. of land per unit $ 1,640 /unit $ 1,640 /unit 6000 to 6999 sq. ft. of land per unit $ 1,840 /unit $ 1,840 /unit 7000 to 7999 sq. ft. of land per unit $ 2,040 /unit $ 2,040 /unit 8000+ sq. ft. of land per unit $ 2,140 /unit $ 2,140 /unit Development Type Building Permit Subdivision Single Family Residential 4,000 to 4,999 sq. ft. of land per unit $1,505/unit $2,415/unit 5,000 to 5,999 sq. ft. of land per unit $1,575/unit $2,515/unit 6,000 to 6,999 sq. ft. of land per unit $1,640/unit $2,615/unit 7,000 to 7,999 sq. ft. of land per unit $1,710/unit $2,715/unit 8,000 to 9,999 sq. ft. of land per unit $1,810/unit $2,860/unit 10,000 to 13,999 sq. ft. of land per unit $2,010/unit $3,155/unit 14,000 to 19,999 sq. ft. of land per unit $2,345/unit $3,630/unit 20,000 to 29,999 sq. ft. of land per unit $2,900/unit $4,350/unit 30,000 to 39,999 sq.'ft. of land per unit $3,600/unit $5,195/unit 40,000+ sq. ft. of land per unit $4,320/unit $5,985/unit AGRICULTURAL Under 10 percent of lot impervious EXEMPT More than 10 percent of lot impervious $21,955/acre of developed portion ORDINANCE NO. 93/ Ordinance Repealing Ordinance No. 84-60 Page Four 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 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 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 paid under a former drainage fee ordinance based on acreage, fees shall not be required under Section VII for any part of the total area for which the fee was paid, except in the case of a resubdivision. 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 "Daily Ledger Post Dispatch" a newspaper published in this area. ORDINANCE NO. 93/ Ordinance Repealing Ordinance No. 84-60 Page Five PASSED AND ADOPTED ON by the following vote: AYES: NOES: ABSENT: Chair of the Board ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By Deputy SC:kd C:BO\DA29D.t8 ORDINANCE NO. 93/