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HomeMy WebLinkAboutMINUTES - 08062002 - C31 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 6, 2002, by the following vote: AYES: SUPERVISORS GERBER, UILKEMA, GLOVER, DESAULNIER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 20021476 (West's Water Code App. Ch. 63, Seo. 12.2 and 12.3) SUBJECT: Notification of Dearing to Consider Repeal of Drainage Fee Ordinance No. 85-52 and Adoption of a new Drainage Fee Ordinance for Drainage Area 56, Antioch area. Project No. 7566-6D8222-01. 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 ding of supplementary, amendatory and additional engineer's reports and for the adoption of drainage fee ordinances. This Beard has before it for consideration of adoption for Drainage Area 56 proposed new drainage fee ordinance providing for payment of the increased cost of the facilities described in said drainage plan and the Engineer's Report. Originator: I hereby certify that this is a true and correct copy Public Works Department(FCE) of an action taken and entered on the minutes of Contact Verson:Dean Eckerson(313-2271) the Board of Supervisors on the date shown. cc.County Administrator Dave Lennon Community Development Hoffmann Company Building Inspection P.0.Box 907 AUGUST 06 2002 County Counsel Concord,Ca 94522 ATTESTED: County Assessor County Treasurer-Tax Collector Albert Seeno Company County Auditor®Controller 4021 Port Chicago Higway JOHN SWEETEN Clerk of the Board of Chief Engineer Concord,CA 94524-4113 Supervisors and County Administrator Accounting Design—Environmental Dennis J.Razzar€ By A���Ie=Engineering Services Davkion Homes Building industry Association 1640 South Main suite#150 &, eputy 01 P.O.fox 5160 Walnut Creek,CA 94596 San Ramon,CA 94583 G:\GrpData\FldCtMdministration\Board orders\2002 BO\BO 8-6-02 DA 56.doc RESOLUTION NO. 2002/476 SUBJECT: Notification of Hearing for Repeal of Drainage Fee Ordinance No. 85-52 Adoption of Drainage Fee ordinance for Drainage Area 56 DATE: August 6, 2002 PAGE: 2 This Beard also has before it the engineer's report, entitled "Updating Drainage Fee Ordinance for Drainage Area 56"which contains an updated estimate of the cost of the facilities to be borne by property owners in the drainage area and the environmental documents prepared for the proposed actions. Said documents 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 existing drainage fee Ordinance No.85-52 be repealed and that the proposed drainage fee ordinance be adopted. At 9:30 a.m. on September 10, 2002, 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 pian amendment, repeal of the existing drainage fee ordinance and adoption of a new drainage fee ordinance or proceed with the same. 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 Contra Costa Times, a newspaper of general circulation, circulated in Drainage Area 56. 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 exterior boundaries of said Drainage Area include lands within the City of Antioch, City of Brentwood, and City of Oakley. The Clerk of this Board is DIRECTED to forward to the governing body of said cities a copy of this Resolution at least twenty(20)days before the above noted hearing. 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. RESOLUTION N0. 2002/476 PROOF OF PUBLICATI NLZOAL •� CC— (2015.5 C.C.P.) c�ont me county (f� Cr aprvadoraaMau" t `ter STATE OF CALIFORNIA `yr County of Contra Costa Pu9PW"Z O r O U The Board.of st+p am, I am a citizen of the United States and a resident of the as the Govwyr� of . County aforesaid; I am over the age of eighteen years, and Contra and Water not a party to or interested in the ab entitled matter. Conaervatim , has `eat Vigo a;rt�>,on Su{stern- I am the Principal Legal Clerk of the Contra Costa Times, a b�era 2082, Admkat newspaper of general circulation, printed and published at tS reet,�rieXfornta 2640 Shadelands®rive in the City of Walnut Creek, County as trend cns at me good con- of Contra Costa,94598. r - w tifet,tot tamce,255 dta- MM oCaMml�.�,� brut the And which newspaper has been adjudged a newspaper of *Moe of the Cterk of the general circulation by the Superior Court of the County of ve- or supervisors. Contra Costa,State of California,under the date of October nane At the Pub tic hen u�w, the 22,1934.Case Number 18764. �' Board wtii corsidera writ- The new drainage tee ord- ten and brat oommente on name wNf the tee the ap The notice, of which the annexed is a printed copy (set in uarefaot to .68 impenAouer posed , the type not smaller than nonpareil,has been published In each e�ustaoe ,order m rrnanoe ra�eedinge or abandon regular and entire issue of said newspaper and not in any the IeNon of the drat- i°proposed action. supplement thereof on the following dates,to-wit: nage tactHas on the Pub(lahed in aocordanoe adopted drauaxde area with Resolution No X21476 and updeta a oasts passed on Aug.tS8132 Auoust 9,16 urrent prtc a a paragra haat ORgO�ER P Tt SCAM iT#3Ap8 VISC7RS OF all In the year of 2002 ei,a c><tZee anrwat e up- A i TY data ueNtg tna e�sginaer- irap Nowa i=tecord Coraatruo- John Sweeten,Clerk of the Non Qoet Index. Board of superviisors and I certify or declare) under penalty of perjury that the county AdminIstrator ( The propped a fee foregoing s true and correct. ordinance, angio�"er�e re- gy- port, and the adopted Executed at Walnut Greek Calif ia. drainagepre�pten aro on al astk2 flee mad avaitabto for in- P eh August 9,t S.204 Can this 16 day of August, 2 Signa re d Cont r Costa Times P 0 Box 4147 Walnut Creek,CA 94596 (925)935-2525 Proof of Publication of: (attached is a copy of the legal advertisement that published) LEGAL PUBLICATION REQUISTION Contra Costa County � From.. Clerk of the Board To: Contra Costa Times 651 .Pine St., Room 106 PO Box 5124 Martinez, CA 94553 Walnut Creek,.CA+94596 Requested by: . EMY sx Date. .. .� Phone No: _ Rderence No:- Org. Sub Objecfi: . 2���.�. Task: , Activity. Publication late (s): A4. a� � . /' . Z f No. of` ag s: LEGAL PUBLICATION- �, b C+ *'"Immediately upon expiration ofpubliestion,0—t--. -- tend in one affidavit for each publieation in order that the auditor may be authorized to pay your bill. Authorized Signature; Please confirm date of publication &receipt ofthis fax. By telephone Please. LEGAL NOTICE Centra Costa County Flood Control And Water Conservation District NOTICE OF PUBLIC HEARING The Board of Supervisors, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District, has set 9:30 a.m on September 10, 2002, Administration Building, 651 Pine Street, Martinez, California 94553, as the time and place for a hearing on the repeal of Drainage Fee Ordinance No. 85-52 and the adoption of a new drainage fee ordinance for DraN a Area 56 under the provisions of the Flood Control District Act. The new drainage fee ordinance will increase the fee from $0.34 to $0.58 per square foot of impervious surface in order to finance the completion of the drainage facilities on the adopted drainage area plan and update the costs to current prices. The new drainage fee ordinance contains a paragraph that authorizes annual fee updates using the engineering News Record Construction Cost Index. The proposed drainage fee ordinance, engineer's report, and the adopted drainage area plan are on file and available for inspection at the Flood Control District Office, 255 Glacier Drive, Martinez, California, 94553, or at the office of the Clerk of the Board of Supervisors. At the public hearing, the Board will consider all written and oral comments on the proposed action, and either approve the proposed action, continue the proceedings, or abandon the proposed action. Published in accordance with Resolution No. 021 passed on0 oe— Publish " . �' 2002 and t . , 2002. BY ORDER OF :THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator BY: DEPUTY DATE: AUGUST 06, 2002 ENGINEER'S REPORT FOR AN UPDATE OF THE DRAINAGE FEE ORDINANCE FOR THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISRTICT DRAINAGE AREA 56 Prepared by Sam Choi Contra Costa County Flood Control And Water Conservation District 255 Glacier Drive Martinez, CA 94553 July 9, 2002 This report supplements the existing engineers report for the update of the drainage fee ordinance of Drainage Area 56 dated August 1985. 1. RECOMMENDATION It is recommended that: A. The existing Drainage Fee Ordinance No. 85-52 for Drainage Area 56 be repealed. B. A new Drainage Fee Ordinance for Drainage Area 56 be adopted in the amount of$0.62 per square foot of impervious surface area. 2. DRAINAGE AREA LOCATION AND DESCRIPTION: The Drainage Area 56 includes all that area tributary to East Antioch Creek. Generally the drainage area extends from the San Joaquin River in the north to a ridgeline south of the east-west portion of Lone Tree Way in the south and in the vicinity of Neroly Road in the east to the vicinity of"D„ Street in the west. The drainage area totals approximately 7,000 acres or eleven square miles. The land is relatively flat except where it approaches the foothills of Mt. Diablo. Land use was primarily agricultural, but light industry has moved into the area and residential development has been considerable. East Antioch Creek is principal watercourse that drains the area. The east fork of the creek begins along Lone Tree Way, it flows easterly almost to Neroly Read; and it ends at Lake Alhambra. The west fork of the creek drains a much smaller area. 3. REASONS FOR CHANGE IN DRAINAGE FEE The current drainage fee ordinance No. 85-52 which has a drainage fee of$0.34 per square foot of impervious surface, was adopted in 1985. This fee was based on 1982 base prices and inflated to 1987 price assuming that major construction would take place in 1987. Since that time construction costs and land value in the area have risen considerably. The revenue to be generated by the current drainage fee of$0.34 per square feet of impervious surface area is not sufficient to complete the proposed drainage facilities in the Drainage Plan of DA 56. The new fee ordinance proposed for Drainage Area 56 is based on the current construction and land costs, and should be sufficient to complete the planned improvements. 4. COST ESTIMATE A detailed cost estimate of drainage facilities to be constructed is attached as Appendix-A. The total cost is broken down as follows. Construction cost $12,697,000 Utility related cost $ 90,000 Right of Way cost $ 470,000 Admin. And Engineering cost $ 2,251,000 Cost for ordinance process $ 574,000 Contingencies $ 1,326,000 Zone Plan Engineering $ 30,000 Cost Reimburse to collecting agencies $ 87,000 Credit, FGD owe to Developers $ 1,860,000 Credit, Developers owe to FCD $ -17,000 Invested fund and cash on hand $ -3,444800 TOTAL PROJECT COST (2002 price) $ 15,924,000 5. CALCULATION OF THE PROPOSED DRAINAGE FEE The proposed new fee, $0.58 per square feet of impervious surface area, was calculated by dividing the total project cost ($15,924,000) by the total amount of new impervious surface area (27,277,223 sf) expected to be created within Drainage Area 56. The development type and densities are based on the Antioch City General Plan. 6. FUTURE UPDATING OF PROPOSED FEE The standard impervious surface drainage fee ordinance has been modified to include a paragraph that authorizes annual fee updates using the Engineering News Record Construction Cost lndex(CCI). The update will occur annually on the January 1. The new paragraph is in "Section X, Review of Fees" in the fee ordinance. 7. CALIFORNIA ENVIRONMENTAL QUALITY ACT Because the update of the existing drainage fee ordinance for Drainage Area 56 is considered an administrative action, it does not fall under the regulation of the California Environmental Quality Act pursuant to Section 15061(b)(3) of the Act's guidelines. _.. _ _ APPENDIX-A COST ESTIMATE Description Quant units Unit Price Amunt,$ Line Z Items Marina Outlet Channel LS $770,000 Marsh Floodway LS $160,000 Wilbur Avenue Crossing LS $653,250 Trembath Basin LS $1,368,500 Oakley basin LS $730,000 72" RR Crossing LS $100,000 Earth Channel Reach-4 LS $670,000 Lindsey Basin LS $1,974,000 Lindsey Channel to McBail Property LS $1,230,500 Lindsey Channel on McBail Property LS $1,500,000 Tregallas Basin LS $504,100 Line Z Items Total $9,660,000 Pipe System 24" Concrete Pipe(Misc.) 1640 LF 103 $168,920 27" Concrete Pipe 3225 LF 120 $387,000 30"Concrete Pipe 4360 LF 125 $545,000 45"x29" 450 LF 125 $56,250 36"Concrete Pipe 3000 LF 130 $390,000 42" 1100 LF 150 $165,000 4821 2935 LF .....170 $498,950 54"Concrete Pipe 1480 LF 190 $281,200 60"Concrete Pipe 1520 LF 210 $319,200 Type I MH 4 EA 2,400 $9,600 Type ll MH 30 EA 3,500 $105,000 Type III MH 11 EA 5,500 $60,500 Outlet Str. I _101 EA 1 5,000 1 $50,000 Pipe System Total $3,037,000 1 TOTAL CONSTRUCTION $12,697,000 2 TOTAL UTILITY CONFLICT $90,000 3 TOTAL RNV (Basin and Marsh Outlet) $470,000 A TOTAL(1+2+3) $13,2571000 ADMINISTRATION & ENGINEERING A. Misc. development cost, 6.3 %of item#1 above 799,911 B. Agency inspection fee, 4.2 %of item#1 above. 533,274 C. E/A cost on public construction, 6.6 %of item#1 above 838,002 D._RAN acquisition, labor and legal cost, 15 %of item#3 above. 70,500 E. Utility Relocation coordination, 10%of item#2 above 9,000 4 ADMINISTRATION & ENGINEERING TOTAL $2,261,000 B. TOTAL(A+4) $15,508,000 Page _ COST FOR ORDINANCE PROCESS A. Ordinance Administration, 1 %of item#B above. 155,080 B. District cast for coordination, 2%,of item#B above. 310,160 C. District cost for zone plan change, 0.7%of item#B above. 108,556 6 COST FOR ORDINANCE PROCESS 674,000 6 ZONE PLAN ENGINEERING, $30,000 30,000 7 CONTINGENCIES (10% of item #A) $1,326,000 1C. TOTAL(B+5+5+7) $17,43$,000 8 Cost Reimburse to collecting agencies $67,000 0.6% of item#C above. }. TOTAL (C+8) $17,525,000 Potential Long term Debt Potential Credit Received but not applied yet AD 26 $1,012,184 Potential Credit Received but not applied yet AD 27 $457,834 Developers Paid fee in excess of their obligation AD 27 $390,342 9 Total Potential Long term Debt $1,860,360 Cash-On-Hand and Long Term Investment Cash On hand and long term investment -$2,444,800 Credit to be received from Dale Poe and Antioch Vly Assoc. -$17,107 Revenue from SR4 RNV Sale -$1,000,000 10 TOTAL CASH ON HAND AND LONG TERM INVEST. -$3,461,907 E. TOTAL. Fund Required (D+9+10) $15,923,453 Page 2 ORDINANCE NO. 02- AN ORDINANCE OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ESTABLISHING DRAINAGE FEES IN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 56 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. 65-52 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 56. SECTION 1 DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 56, Boundary Map and Amended Drainage Plan," dated January 7, 1987, 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 56 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 of the Water Code). SECTION 11 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 benefitsconferred 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 acts 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 Ordinance No. Wage 1 of 4 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, the Contra Costa County or the city officials 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 V11. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be $510 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 $0.58 per square foot, but not to exceed the amount required under Section V11. SECTION V1 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 Unit Measure Building Permit Subdivision CommerciaillndustrialfDowntown offices acre $23,850 $25,620 offices(Medium) acre $20,440 $22,840 Offices(Light) acre $17,105 $19,280 Multiple Residential(inciuding Mobile Horne Parks) Less than 2,500 sq. ft. of land per unit acre $18,790 $18,790 2,500 -2,999 11 11unit $1,115 $1,115 3,000-3999 unit $1,275 $1,275 4,000-4999 unit $1,485 $1,485 5,000 -5999 unit $1,700 $1,700 6,000 -6,999 unit $1,910 $1,910 7,000-7999 unit $2,110 $2,110 Ordinance No. Page 2 of 4 8,000 + Tunit $2,215 $2,215 ------- Single Family Residential 4,000 -4,999 sq. ft. of land per unit unit $1,560 $2,500 5,000-5,999 " " unit $1,630 $2,605 6,000-6999 unit $1,700 $2,710 7,000-7,999 unit $1,770 $2,815 8,000-9,999 unit $1,875 $2,965 10,000- 13,999 unit $2,080 $3,265 14,000- 19,999 unit $2,430 $3,760 20,000-29,999 unit $3,005 $4,505 30,000 -39,999 unit $3,730 $5,380 40,000 + unit $4,470 $6,200 Agricultural Under 10% of lot impervious Exempt More than 10% of lot impervious $22,740/acre 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 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 VI11. 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 funds 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 indebtedness of the drainage area. Ordinance No. Page 3 of 4 SECTION IX. CREDIT FOR PREVIOUS PAYMENT OF FEES. 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 REVIEW OF FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on January 1 to account for inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not require further notice or public hearing. SECTION X1 EFFECTIVE DATE. This ordinance becomes effective 50 days after passage, and within 15 days of passage shall be published once with the name of supervisors voting for and against it in the Contra Costa Times, a newspaper published in this area. PASSED AND ADOPTED ON September 10, 2002, by the following vote: AYES: NOES: ABSENT: Chair of the Board ATTEST: John Sweeten Cleric of the Beard of Supervisors and County Administrator By: ---------------------------------------_.._-------- Deputy Ordinance No. Page 4 of 4 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 Order on September 10, 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RESOLUTION NO. 2002/ SUBJECT: Repeal of Drainage Fee Ordinance No. 85-52, and the Adoption of a new Drainage Fee Ordinance for Drainage Area 56, Antioch area. Project No.: 7566-6D8222-01. CDD-CP# 00-51 The Board of Supervisors of Contra Costa County, as the governing body of the Contra Costa County Flood Control and Water Conservation District , FINNS, DETERMINES and RESOLVES that: August 6, 2002,this Board set a public hearing to consider the repeal of the existing Drainage Fee Ordinance No. 85-52 and the adoption of a new drainage fee ordinance to increase drainage fees in Drainage Area 56. On September 10, 2002, pursuant to the Board's Resolution of August 6, 2002,this Board held a meeting to consider the repeal of Drainage Fee Ordinance 85-52 and adoption of a new drainage plan and a new drainage fee ordinance. At which time all written and oral objections presented concerning these actions were considered. No resolutions or ordinances protesting this action were received; 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 Drainage Area 56. 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 56, has been filed. I hereby certify that this is a true and correct copy of an action Orig.Dept.: Public works(Ftood control) taken and entered on the minutes of the Board of supervisors Contact Person: (lean Eckerson(313-2271) on the date shown. cc: County Admintstmtor Community Development-K.Piona Building inspection County counsel ATTESTED: County Assessor JOHN SWEETEN, Clerk of the Board of supervisors and County Treasurer-Tax Collector County Administrator County Auditor/Controller Public Works- Flood Control Engineering Services Design By , Deputy Accounting Environmental-T.Torres G:iGrpData\FtdCU\AdministraUonlBoard Ordersi2002 B01B0 RESO DA 56.doc RESOLUTION NO. 20021 SUBJECT: Repeal of Drainage Fee Ordinance No. 85-52, and the Adoption of a new Drainage Fee Ordinance for Drainage Area 56. DATE: September 10, 2002 PACE: 2 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 12.8 of the Contra Costa County Flood Control and Water Conservation District Act and in accordance with the provisions of the Board's'Resolution of August 6, 2002. The Board has received no resolutions or ordinance adopted by any affected city objecting to the proposed actions. The purpose of the drainage fees in this resolution is to generate monies to finance drainage improvements in Drainage Area 56 Improvement Plan. The fees will be used to finance the drainage facilities listed in the drainage plan and described in the engineer's report. This Board further FINDS that the activity,ADOPTING and APPROVING the repeal of drainage Fee Ordinance No. 85-52, and adopting the new drainage fee ordinance for Drainage Area 56 is not subject to the California Environmental Quality Act(CEQA)pursuant to Section 15061(bX3)of the Act's guidelines; and DIRECT the Director of Community Development to file a notice of Exemption with the County Clerk, and This Board hereby further FINDS that good cause exists for adoption of a new drainage fee ordinance for Contra Costa County Flood Control and Water Conservation District area 56 and this Board hereby ENACTS Ordinance No. 2002/ This Board hereby also REPEALS the existing Drainage Fee Ordinance No. 85-52. RESOLUTION NO. 20021 DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NOs.: 7547-6D8223, 7579-6D8216, & 7566-6D8222 CP NO.: 00-91 ACTIVITY NAME: Drainage Area Fee Ordinance Updates for DA 488, DA 55, and DA 56 DATE: December 1, 2000 PREPARED BY: Trina Torres This activity is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b) (3) of 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 purpose of the activity is to increase the current drainage fees for Drainage Areas 48B, 55, and 56, to provide proper financing to the proposed drainage facilities as per each Drainage Area Plan in order to cover the increased costs of construction. This activity will need General Plan Conformance from the Cities of Antioch and Pittsburg. LOCATION: Drainage Areas 48 B, 55, and 56 are located in the east county area. Drainage Area 488 is located in the Bay Point area (Figure 2). Drainage Area 55 is located in the Antioch area (Figure 3). Drainage Area 56 is located in the Antioch area (Figure 4). REVIEWED BY: Aey�rAex- DATE: Cece Sellgren Environmental Planner APPROVED BY: DATE: Community Development Representative GAGrp©ata\EngSvc\ENV1R012000 pr*ctslCEQAonty Zeterrn.Exernpt\DA Fee Ordinance Updates for DA 488-DA 55-DA 56.does __ DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NOs.: 7547-6D8223, 7579-6D8216, & 7566-6D8222 CP NO.: 00-91 ACTIVITY NAME: Drainage Area Fee Ordinance Updates for DA 488, DA 55, and DA 56 DATE: December 1, 2000 PREPARED BY: Trina Torres This activity is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b) (3) of 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 purpose of the activity is to increase the current drainage fees for Drainage Areas 48B, 55, and 56, to provide proper financing to the proposed drainage facilities as per each Drainage Area Plan in order to cover the increased costs of construction. This activity will need General Plan Conformance from the Cities of Antioch and Pittsburg. LOCATION: Drainage Areas 48 B, 55, and 56 are located in the east county area. Drainage Area 48B is located in the Bay Point area (Figure 2). Drainage Area 55 is located in the Antioch area (Figure 3). Drainage Area 56 is located in the Antioch area (Figure 4). REVIEWED BY: DATE: Cece Sellgren Environmental Planner APPROVED BY: DATE: C 1 Community Development Representative G:1Grp0ata\Engsvc\ENV1R012()00 projects\CEQAonly 1Determ.ExempttDA Fee Ordinance Updates for DA 488-DA 55-DA 56.docs CALIFORNIA ENVIRONMENTAL QUALiT'Y 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: (925) 313-2295 Contact Person: Cece Sellgren - Public Works Dept. Project Description, Common Name (if any) and Location: Drainage Area Fee Ordinance Updates for DA 4813, DA 55, and DA 56, County File#CP 00-91. Project Description The purpose of the activity is to increase the current drainage fees for Drainage Areas 48B, 55, and 56, to provide proper financing to the proposed drainage facilities as per each Drainage Area Plan in order to cover the increased costs of construction. This activity will need General Plan Conformance from the Cities of Antioch and Pittsburg. Project Location; Drainage Areas 48 B, 55, and 56 are located in the east county area. Drainage Area 48B is located in the Bay Point area (Figure 2). Drainage Area 55 is located in the Antioch area (Figure 3). Drainage Area 56 is located in the Antioch area (Figure 4). This project is exempt from CEQA as a: Ministerial Project(Sec. 15268) _ other Statutory Exemption, Section _, Declared Emergency(Sec. 15269(a)) J. General Rule of Applicability (Section 15061(b)(3) Emergency Project(Sec. 15269(b)or(c)) Categorical Exemption, 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 255 Glacier Drive Martinez, CA 94553 Attn: Trina Torres County Cierk Fee $50 Due G:\GrpData\EngSvc\ENVIRo\2000 projects\ CEQAonly\NOE\DA Fee ordinance Updates for DA 48B-DA 55-DA56.doc .. CAiiI=ORNIA ENVIRONMENTAL QUALITY ACT Nofice of Exemption Contra Costa County Community Development Department 651 pine Street, 4th Floor-North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2296 Contact Person: Cece Sellgren o Public Warks Dept. Project Description, Common Name (if any) and Location: Drainage Area Fee Ordinance Updates for DA 46B, DA 55, and DA 56, County File#CP 00-91. Project Description The purpose of the activity is to increase the current drainage fees for Drainage Areas 48B, 55, and 56, to provide proper financing to the proposed drainage facilities as per each Drainage Area Plan in order to cover the increased costs of construction. This activity will need General Plan Conformance from the Cities of Antioch and Pittsburg. Project Location; Drainage Areas 48 B, 55, and 56 are located in the east county area. Drainage Area 48B is located in the Bay Point area (Figure 2). Drainage Area 55 is located in the Antioch area (Figure 3). Drainage Area 56 is locatedin the Antioch area (Figure 4). This project is exempt from CEQA as a: _, Ministerial Project(Sec. 15288) _ Other Statutory Exemption, Section Declared Emergency(Sec. 15269(a)) General Rule of Applicability(Section 15061(b)(3) Emergency Project(Sec. 15269(b)or(c)) Categorical Exemption, for the following reasons): 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 PILING 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 255 Glacier drive Martinez, CA 94553 Attn: Trina Torres County Clerk t=ee $50 Clue G:\GrpData\EngSvc\ENVIRO\2000 projects\ CEQAonly\NOE\DA Fee Ordinance Updates for DA 48B-DA 55-DA56.doc ORDINANCE NO. 02- MW ..:.......... _..:........::.:.:... :. :.. p .............i i .... ..:::..;.::::'':::'::::::::vv; {ilii. ...,i•w•'•i"..;::::i::.:.:::; DRAINAGE AREA 56 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 Ordinance 411::::::„;i:,: J.bf the Contra Costa County Flood Control and Water Conservation District is here-byiirepealed. SECTION 2 The Board hereby enacts the following as the Drainage Fee Ordinance for Drainage Area 56. SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 56, BoundaryMa and Amended Drainage Plan,” .v : t�,. ren file with the Clerk of the Board of Supervisors, is adopted as the drainage plan for fhe Centra Costa County Flood Control and Water Conservation District Drainage Area 56 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 of the Water Code). SECTION If 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 includedin 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 acts 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 140 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 Ordinance No. Wage 1 of 4 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 Ill and IV, the Contra Costa County or the city officials 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 VI1. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall 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 atios, etc., the amount of net increase in impervious surface shall be subject to a fee of ..;" er square foot, but not to exceed the amount required under Section VII. SECTION VI SUBDIVISIONS. Except as permitted under Sections Ill 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 VI1. SECTION VII. FEE SCHEDULE Unit Measure Building Kermit subdivision Commerciaitindustriai/Downtown Offices acre Offices Medium ( 3 acre f::.>... Offices(L ght) acre Multiple Residentla[(including Mobile Home Parks) Less than 2,500 sq, ft. of land per unit acre 2,500-2,999 it tounit 3,000-3999 Iti, unit 4,000-4999 It Ifunit 5,000-5999 It it unit 5,000-8,999 it to unit 7,000-7999 if itunit Ilk OrdinanceNo. Page 2 of 4 _._. . 8,000+ tl unit Single Family Residential 4,000-4,999 sq. ft. of land per unit unit 5,000-6,989 11 If unit 6,000-6999 It it unit 7,000-7,999 '! unit r. •: 8,000-9,999 "" unit Now 10,000- 13,999 !! ft unit 14,000- 19,999 11 unit 20,000-29,999 r! 11 unit 30,000-39,999 It unit f,.+•,i 40,000 + tl tl unit :..:•::. <;:> Agricultural Under 10%of lot impervious Exempt More than 10%of lot impervious `?! Cre 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 4001 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 V1, 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 quotientobtained by dividing the lot size in square feet by the number of dwelling units proposed to be on the lot. SECTION VICI. 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 funds 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 indebtedness of the drainage area. Ordinance No. Page 3 of 4 SECTION IX. CREDIT FOR PREVIOUS PAYMENT OF FEES. 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. ......... � ••i'n'.i:(:i':i::isi':ii::i::i::isi::Y{i::i::i::i: : : :ii::i:�::iiii::i:iiiii:::ii::i::iii'>::i::?::isC:::i::i'::i::isii::$iiiiii.iiii ..:.:::.......... i'.F :: .... : •::i' .:ii':: .I � •:.:ii::::::::: ::ti .... '.�y. {.: .�y.�y.# •• ny�i..i♦:Se:......�.+.:'.is ...,iy..�.:.......:..:.:.y.::..:. i...::... .. o„;;F�;Hc.....3��,�.W'►:..�4i e. ::::: la ..... :�a:•�i'.X.T�i.�:.I�iF .>.i:Y:.�i.: a8 �� � ......................�`............................. ::..... ...................... .:::::::::::::.::::::: .06 fie Era uxertn � €r ;:<. >: . . : FFE+ TIVE GATE. This ordinance becomes effective 60 days after passage, and within 'liclays of passage shall be published once with the name of supervisors voting for and against it in the Contra Costa Times, a newspaper published in this area. PASSED AND ADOPTED ON >:: :•''•; PI�, . ,.; x,:; y the following vote: AYES: NOES: ABSENT: ATTEST: :'.:.. ...;. ;;::i::i<i:<:::i::>: Chair of the Board Clerk of the 8oarct of Supervisors and County Administrator By: --------------------------------------------------- Deputy Ordinance No. Fuge 4 of 4 ---------- am O e M 0 m V z z � M �- > �-' � r > K C t� 0 a > r— U1 M I tl > C 0-. C} Mn CO 71 rn z ITI fD i .* iSr rR` �tdlkkdYd ��� t( �i� akSf,iii.M,.s+ � rri�"��l.dkded4dt4dx 4� _.. ;,� ��lf ►���111t1;F,tt'r�+�x4•'`'+e°i*t�P�gx�*.. �_P�r,�,.�aP��-�/ Rt +x� w.s31.i4.a w r .+tYA�xti,vwn-i g t tilxs4ir�.►. 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PIN w r 3�f�' RYi.s# •.R:# rt. � t • ORDINANCE NO. At! ORDINANCI RIPIAL NEI =S0=101. 0131-1- IMIT DRAINAGE AREA 56 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. of the Contra Costa County Flood Control and Water Conservation District is hereby repealed. SECTION 2., The Board enacts the following as the drainage fee ordinance for Drainage Area 56: SECTION I. DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 56, Boundary Map and Drainage Plan", on file with the Clerk of the Board of Supervisors, is adopted as the drainage plan for Drainage Area 56 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 signifi- cantadverse impact on past and future developments, that development of property within the drainage area with its resultant increase in impervious surfaces will require construction of the 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 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 structures or other impervio , surf aces, provided the amount of ground coverage is not increased 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 b) 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. ORDINANCE Page 1 of 3 1 .. 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 construc- tion 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 529& er pool . For other construction, modifications or replacements to an existing facility that causes 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--34- --een -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 subdivi- sion 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 multi-family 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 Building Permit Subdivision Commercial/Industrial/Downtown Office 6ta1-1 C W .S 20/ldtr e_ ffice Medium) : a �'e--I , 0Jw -t-e- Office L it h t -- Multifamily Residential (including Mobile Home Parks Less than 2,500 sq. ft. of land per unit �l I; �trre_..•.� _._�__.�... �{ r�� 2,500 to 2,999 11 It 1I „ ;x �tmit 3,000 to 3,999 If rl tt fi in_ -- -----------------------_4 /tmft 4,000 to 4,999 it ,1 ,1 tl ---�3f`w Loti� 5,000 to 5,999 6,000 to 6,999 " it 14 ,1 ,- ,'IITl p7,0�(`I�0 to 7,999 " If " it ��$€}�ti4 v �*�(�(�j 8,000+ it to 11 " �t _''------_.__-_ 1'"._.0GAtn -t- 3 Single Family Residential : 4,000 to 4,999 sq. ft. of land per unit 5,000 to 5,999 it It it 3 �_.—----- ....... ._��;��5f�zrrit 6,000 to 6,999 tt It It to eggi _. . -----.w�u 7,000 to 7,999 It11It It 8,000 to 9,999 It 11 It It 10,000 to 13,999 It it It of 14,0300 to 19,999 is Ii It II 20,000 to 29,999 I1 it It ft - i--7-64Gq t ._._._._...__.._ ._ .... _� t ► 30,000 to 39,999 It to It II °_-��-J95A"1t..-_._.__..__..--_"__.._....���5� 40,000+ It Ii ti Agricultural :• vI Y Under 10% of lot impervious Exempt More than 10% of lot impervious -111-,32"etacre 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 apply to lots containing only one dwelling unit. For Page 2 of 3 ORDINANCE NO. 85=52 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 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. SECTION IX: CREDIT. Drainage fees previously paid shall be credited as follows. a) Where 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) 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. �£ . EFFECTIVE DATE. This ordinance becomes effective 30 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 newspaper published in this county. I PASSED AND ADOPTED ON by the following vote: AYES. Supervisors Powers , Schroder, McPeak, Torlakson & Fanden NOES. None ASSENT: None Chairma, of the Board ATTEST .....PM1-t-tATCK. ; Clerk of the Board of Supervisors and County Administrator r BY Deputy uk:pg uk:da56.ord.t7 ORDINANCE NO. 85-52 Page 3 of 3 { ( { ( ! ( ^ ` { \ � ?�� l2w a X { ( { { ( (