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HomeMy WebLinkAboutMINUTES - 09102002 - SD11 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODY OF THS CO TRA'COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION'DISTRICT Adopted this Order on September 10, 2002, by the following vote: AYES: supervisors Uilkema, Gerber, Dgswlnt , Glover and Gioia NOES: Nmie ABSENT:Now ABSTAINS RESOLUTION NO 20021520 Y SUBJECT: Repeal of Drainage Fee Ordinance No. 88-24, and the Adoption of a new Drainage Fee Ordinance for Drainage Area 55,Antioch area. Project No.: 7579- 6D8216-01. 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: On August 6, 2002, this Board set a public hearing to consider the repeal of the existing Drainage Fee Ordinance No. 88-24 and the adoption of a new drainage fee ordinance to increase drainage fees in Drainage Area 55. On September 10,2002 ,pursuant to the Board's Resolution of August 6,20{ 2,this Board held a meeting to consider the repeal of Drainage Fee Ordinance 88-24 and adoption of a neer 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 55. 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 55, has been filed. !hereby certify that this is a true and correct copy Odd.Dept..: Public Works(Flood Control) of an action taken and entered on the minutes of Contact Person: Dean Eckerson(313-2271) the Board of Supervisors on the date shown. cc:' County Administrator Community Development-K.Pions Building Inspection ATTESTED:';SaptambQv 10 20152 County Counsel JOHN SWEETEN,Clerk oT the Board of County Assessor Supervisors and County Administrator County Treasurer--'Tac Collector County AuditorlControlier i Public Works- Flood Control Engineering Services By ° a'' Deputy Design Accounting Environmental-Y.Torres G:\GrpData\FldCU\AdministmWn\Board orders\2002 B0\B0&6-02 DA55.doc RESOLUTION NO. 20021 52o Subject: Repeal of Draina6Ie Fee Ordinance No. M-24, and theAdoptn of a new Drainage Fee Ordinance for Drainage Area 55. DATE: September 10, 2002 PAGE: 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'i 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 $, 2002. The Board has received no resolutions or ordinance adapted 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 improvementsin Drainage Area 55 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. 88-24,and adopting the new drainage fee ordinance for Drainage Area 55 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 55 and this Board hereby ENACTS Ordinance No. 2482-23. This board hereby also REPEALS the existing Drainage Fee Ordinance No. 88-24. RESOLUTION NO. 2002/ 520 fit s'r 5 DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NOs.: 7547-6D8223, 7579-608216, & 7566-6078222 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 EnvironmentalQuality 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 488, 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 486 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: ZDATE:' Cece Sellgren Environmental Planner 0-14 APPROVED BY: DATE: Community Development Representative G:1Grp0atatErrgsvcNENVtR02000 prc1Jectalc1EQArmty Zeterm.Exempt0A Fee Ordinance Updates for OA 488-0A 55-DA 56.docs CALIFORNIA ENVIRONMENTAL QUALI Y ACT Notice of rEx io Contra Cosh Canty Community Development Department 651 iPine Street,4th Floor-North Wing,IvlcBrien Administration Building Martinez, CA 94553-4095 Telephone: (925) 313-2296 Contact Person: Cece S,�llgfen - Public- Works Dem 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 488, 55, and 56, to provide proper financing to the proposed drainage facilities as per each Drainage Area Pian 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 48'B 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)) _X_ General Rule of Applicability(Section 15061'(b)(3) Emergency Project(See, 15269(b)or(c)) Categorical Exemption, for the following reason(s):!lt 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 ding date. Signature Title Applicant: County Public Works Department 255 Glacier Drive Martinez,CA 94553 Attn: Trina Torres County Clerk Fee$50 Due G:1GrpDatalEngSvclEN lR0\2000 projectsi CEQAonlylNOE\DA Fee Ordinance Updates for DA 488-DA 55-DA56.doc t r. CAt-tI 6RNlA ENVIRONMENTAL QUAt-t TY ACT Nofice of Exemption Contra Costa County Community DevelopmentDepartment 651 Pine Street, 4th Floor-North Wing,McBrien Administration Building Martinez,CA 44553-0095 Telephone: (925) 318-22961 Contact person Cece Sellgren - Public Works De Project [description, Common Name (if any and Location: Drainage Area Pee Ordinance Updates for ESA 48B, DA 55,and DA 56, County File#CP 80-31. 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 land' Pittsburg. Project 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) This project is exempt from CEQA as a: Ministerial Project(Sec. 15268); _ Other Statutory'Exemption, Section Declared Emergency(Sec. 16269(a)) JL General Rule of Applicability(Section 15©61(b)(3) Emergency Project(Sec. 15268(b)or(c)) Categorical Exemption, for the following reason(s):'It can be seers 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 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. 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F 't 1 u.�s- 'kN fat y�,i� n � H a� z ��� nM i a q tot ar f f IN } VR i.(( ! i r i$Z��j. fifi',,>ts f of �A' � MIr i 1 i ORDINANCE NO. 2002-23 AN ORDINANCE OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ESTABLISHING DRAINAGE FEES IN THE CONTRA COSTA COUNTY FLOOD CONTROL AND MATER CONSERVATION DISTRICT DRAINAGE AREA 5 The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Flood Control and Water Conservation Districtdoes ordain as follows SECTION 1 Ordinance No.88-24 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 55. SECTION I DRAINAGE PLAN-'. The drainage plan and map entitled "Drainage Area 55, Boundary Map and Amended Drainage Plan,"dated January, 1988,on file with the Clerk of the Shard of Supervisors,,is adopted as the drainage plan for the Contra Costa County Flood Control and Water Conservation District Drainage Area 55 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 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. SECT14?N III MEMPTIONS. 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 satne, 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 fries have Ordinance No. 2002-23 Page 1 of 4 been fuer paid previously. SECTION W EEE EFERMEM7. Can 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. SECTIO}. BUILDING PERMIT ITS. Except as permitted under Section lit 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 VII. 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 rather construction, modifications or replacements to an existing facility that cause an increase in impervious surface, including, but not limited to, driveways, walks patio,etc.,the amount of net increase in impervious surface shall be subject to a fee of $0.68 per square foot, but not to exceed the amount required under Section VI gILCTIE $US IVISIQN$. 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 prier 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 tot 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 ether subdivisions shallbe 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 Commerclat)industrial/Downtown Offices acre $23,850 $25,620 Of ces(Mediurn) acre $20,440 $22,840 Offices(Light) acre $17,105 $19,280 Multiple Residential{including Mobile Home parks) Less titan 2,500 sq.ft.of land per unit acre $18,790 $18,790 2,500'2,999 unit $1,115 $1,115 3,000-3999 unit $1,275 $1,278 4,000-4999 'Y unit $1,485 $1,485 5,000-5999 H w unit $1,700 $1,700 6,000-61999 „ H unit $1,910 $1,910 7,0100-7999 unit $2,110 $2,110 Ordinance No. 2002-23 Page 2''of 4 5,000+ unit $2,215 $2,215 Single Family Residential 4,000-4,999 sq.ft.of land per unit unit $1,660 $2,500 500-5,999 unit $11530 $2,605 6,000-6999 " " unit $1,700 $2,710' 7,1300-7,999 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 $4,505 313,000.39,999 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 fleet 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 V1, lot size shall be (1)for existing lots, that land shown on the latest equalized assessment roll as alot; 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 orae 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. SECTIQN Vlll. FEE PAYMENT. The official having jurisdiction may accept cash or check, or, when authorized by the Districts 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. 2002-23 Page 3 of 4 x SECTION IX. CREI3IT FOR PREVIOUS PAYMENT OF FEES. Drainage fees previously paid shall be credited as follows: A there drainage fees have been paid under a farmer drainage fee ordinance based on acreage,fees shall not be required under Section Vll for any part of the totalarea for which the fee was paid,'except in the arse of a resubdivision. B Where drainage fees have been paid under this ordinance or another drainage fee ordinance based on impervious surface,fees shalt 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 additionat 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 Vit. SECTION X REVIEW QF FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on January 'I to account for inflation using the Engineering Mews Record Construction Cost Index. Such adjustment shall not require further notice or public heating. SECTION XI EFFECTIVE DATE. This ordinance becomes effective 60 days after passage,: and within 15 days of passage shad 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: SMVISORS'Urx , GMM, WSMMM, MM AM c101r NOES: NM ABSENT: NM hair of the Board ATTEST: John Sweeten Clerk of the Board of Supervisors and County Administrator r' Deputy 0-.\GrpData\FldCtl\Adminis€ration\Board Orders\2002 BOtDA 55 ORa.doc i Ordinance No. 20%2-23 Page 4 of 4 I