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Home My WebLink AboutMINUTES - 09102002 - SD10 t 5'A THE iOARP OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL ANIS WATER CONSERVATION DISTRICT Adopted this Order on September 10, 2002, by the following vote; AYES: st PRMSM URKM, GMM, DeSMM, GUM AM data NOES: i ABSENT: NM ABSTAIN: Nm RESOLUTION NO.2002/ 519 SUBJECT: Repeal of Drainage Fee Ordinance No.85-52,and the Adoption of anew Drainage Fee Ordinance for Drainage Area 56,Antioch area. Project No.: 7556-6138222-01. CDD-CP#00-91 The Board of Supervisors of Contra Costa County, as the governing body of the Contra Costa County Flood Control and Water Conservation District,FINDS, DETERMINES and RESOLVES that: August 6, 2002,this Board set a publichearing to consider the repeat 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 orlg.,Dept. Public works(Flood control) taken and entered on the minutes of the Board of Supervisors Contact Person: Dean Eckerson(313-2271) on the date shown: cc: County Administrator Community Development-K.Pions Building Inspection S�i'Il"IBt 1{3 County Counsel ATTESTED:_ , 2002 County Assessor JOHN SWEETEN,'Clerk of the Board of Supervisors and County Treasurer-Tax Collector County7Ad nistrator County Auditor/Controller Public Works- Flood Control Engineering Services Design By QLzia Deputy Accounting Environmental-T.Torres C.,:\GrpOata\FldCtltAdmiinistrationlBoard Orders\2002 Bo\BC)RESO DA 56.doc RESOLUTION NO. 2002/ 519 SUBJECT: Repeal of Drainage Fee OrdinanceNo. 85=52, and the Adoption of a new Drainage Fee Ordinance for Drainage Area 56. DATE: September 10, 2002 RAGE: 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 1'1 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 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 fes ordinance for Drainage Area 56 is not subject to the California Environmental Quality Act(CEQA)pursuant to Section 15061(b)(3)of the Act's guidelines; and DIRECT the Director of Community Development to file a notice of Exemption with the County Clerk, and AUTHORIZE the Chief Engineer to arrange for payment of a$25 fee to Community Development for processing, and a $25 fee to the County Clerk for filing the Notice of Exemption. 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 2002-24. This Board hereby also REPEALS the existing Drainage Fee Ordinance No. 85-52. RESOLUTION NO. 2002/ 519 DETERMINATION THAT AN ACTIVITY I5 EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL. QUALITY ACT (CEQA) FILE NOs.: 7547-608223, 7579-6D8216, & 7566-608222 CP NO.: 00-91 ACTIVITY NAME: drainage Area Fee Ordinance updates for DA 48B, DA 55, and BA 56 DATE: December 1, 2600 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 can the environment. DESCRIPTION OE THE ACTIVITY': The purpose of the activity is to increase the current drainage fees for Drainage Areas 488, 55, and 56, to provide proper'financing to the proposed drainage facilities as per each Drainage Area Flan in order to cover the increased costs of construction. This activity will need General Flan 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 Say 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: 0� T Cece Sellgren Environmental Planner APPROVED BY: DATE: Community Development Representative D.IGrpDatalE,,,Sv kENViRO\2000 proiscWCF-�Aon1y zeterm.ExemptDA Fee brdlnance Updates for DA 488-DA 55-DA%docs a CAL-rFORNIA ENVIRONMENTAL. QUALITY ACT Y Notice of Exec Ption Contra Costa County Com unity Development Department 651 Pine Street, 4th Fluor-North Wing,Iv cBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2296 Contact Person: Cece Sellaren -:.Public,8 rks Dept. Project description, Common Name (if any) and Location: Drainage Area Fee Ordinance Updates for DA 488, 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 e #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). This project is exempt from CEQA as a: Ministerial Project(See. 15268) Cather 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 reason(s):,It can be seen with certainty that there is no passibility 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 hosted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain pasted for 30 days` from the filing date. Signature Title' Applicant County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Irina Torres County clerk Fee$50 Due G:lGrpDatalEngSvc\ENVIRC7l2 00 projects! CEQAonly\NOE\DA Fee Ordinance Updates for DA 488-DA 55-DA56.doc CAS(FORNIA ENVIRONMENTAL QUAD TY ACT "tice of Exemption JL 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 Sellgrgn -Public WgrlW Project Description, Common Name (if any)and Location: Drainage Area Fee Ordinance Updates for DA 488, 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(x)) .K General Rule of Applicability(Section 15061(b)(3) Emergency Project(Sec. 15269(4)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 FIUN'G AND POSTING I declare that on I received and posted this notice as required by California Public Resources Cade Section 21152(c). Said notice will remain posted for 30 days from the filing date. 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RR°'' tom"r �n'r""� yrs��1��4�#�� ■ � '`� . -Rost #tw�1� BdC ;®1■41`"will c�.I- Pi w a� , gW�� a�#r�" a A S �w y `4+ca f4A1� ►tH��. i t � pl&°� �a. ��R ffir •.. , �;" 1 `��r, LS ..H111n v •r1da� r " av t',i�Nr.! (/ �k 8�k1 �i ��2�.7i ��,��i`4�,•d t F4�1 qi�>�� t kk4 #Ce� ��'r t r�4 /t � t q fS.I iF x - #Yr d6<#.r {�n}pw+111�k � 4�t f �� , , � � � t*'3'■ ��. a1,n�r,y`a �[ io f �k� t� 11A11i a ?7Ii•r�4��'t«. i-.`-`�Y.�i�ryirif: r.)t•.�aFl.t��.#h e�.., �l'p'�hr � r� r 0 Zak li" E r b •� ORDINANCE NO. 2002-24 AN ORDINANCE OF THE CONTRA.COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION!DISTRICT ESTABLISHING DRAINAGE FEES IN THE CONTRA COSTA COUNTY FLOOD CONTRO1. 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. 85-52 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. SEG'TICt[y I 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 adapted 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 FININGS. 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 1I1 EXEMPIION§. 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 increaser) 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. 2002-24 Page 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 bEFL . 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. SES V. SUILQING PEI M,ffS. ;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 forth in Section VIL 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 VtI. SECTION VI SUBIDIVISIbNS. 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 prier to recordation of said map. Town house, condominium,'and cluster housing type subdivisions creating individual lots less than 4,400 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 othersubdivisions 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 commerclaifindustrial/Downtown Offices acre $23,850 $25,6213 Offices(Medium) acre $20,440 $22,840 Offices(Light) acre $17,105 $19,2801 Multiple Resldential(including Mobile Home Parks) Less than 21500 sq.ft.of land per unit acre $18,790 $18,7'90 2,500-2,999 " " unit $1,115 $1,115 3,000-3999 " " unit $1,275 $1,275 4,000-4999 " " unit $1,485 $1,485 59000-5999 " unit $1,700 $1,700 6,000-8,999 unit $1,910 $1,910 17,000-7999 `} unit $2,110 $2,110 Ordinance No.2002-24 Page 2 of 4 18,000+ " unit $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 n n unit $1,700 $2,710 7,000-7,999 "t " 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' Aartcu#tura# Under 10%of lot impervious Exempt More than 100/6 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 Vl lot size shall be (1)for existing lots, that land shown on the latest equalized assessment roll as a lot, o (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. SEGTI-}W Vfit.'FEE !'AYIV�EI�IT. 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 Band 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. Ordnance No. 2002-24 Fuge 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 impervioussurface, 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 Vll 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 cast 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 XI EFFECTIVE DATE. This ordinance becomes effective 60 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. MPMI-qM uzu%, GMn, Ie.'"iA€UM, MMM AND GI01A NOES. NM ABSENT: NM. 4Chair of the Board' ATTEST` Jahn Sweeten Clerk of the Board of Supervisors' and County Administrator t� By; --- Deputy G:\GrpData\F1dCtl\Administration\Board OrdasN2002 BO\DA 56-ORD doe Ordinance' o.2042-24 Page 4 of 4