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HomeMy WebLinkAboutMINUTES - 09172002 - C.32 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Adopted this Resolution on September 17, 2002, by the following vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 20021M (West's Water Code App. Ch. 63, Sec. 12.2 and 12.3) SUBJECT: Notification of Hearing to Consider Repeal of Drainage Fee Ordinance No. 89-84 and Adoption of a new Drainage Fee Ordinance for Drainage Area 48B, Pittsburg area. Project No. 7574-6D8223-98. The Board of Supervisors of Contra Costa County, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District, RESOLVES THAT: The Contra Costa County Flood Control and Water Conservation District Act, hereinafter referred to as Act, provides authority for the filing of supplementary, amendatory and additional engineer's reports and for the adoption of drainage fee ordinances. G:\Grp©ata\FIdCtRAdministration\Shard Orders\2002 BO\9-17-02 DA 48B Reso NOH.doc Originator: Public Works Department(FCE) Contact Person: Kevin Emigh(313-2233) cc: County Administrator Jeff Lawrence Community Development Braddock&Logan I hereby certify that this is a true and correct copy of an Building Inspection 4155 Blackhawk Piz Cir,#201 action taken and entered on the minutes of the Board of County Counsel Danville, CA 94506-4613 Supervisors on the date shown. County Assessor County Treasurer--rax Collector Held!L. Friesen County Auditor—Controller Hofman Land Development Chief Engineer 1380 Galaxy Way ATTESTED: SEPTEMBER l7, 2002 Accounting Concord,CA 94522 Design—Environmental Paramount Homes JOHN SWEETEN,Clerk of the Board of Supervisors Engineering Services 2108 Grant Street and County Administrator Concord, CA 94520 Guy Bjerke Home Builders Assoc.of N.Calif. Dave Dolter-Comm.Devei b4 P.O. Box 5160 A.D.Seeno Construction Co. By ,Deputy Walnut Creek,CA 94596 P.O. Box 4113 Concord,CA 94524-4113 Dennis Razzari Davidon Homes 1600 S. Main St.,Ste. 150,Walnut Creek,CA 94596 Resolution No. 2002/570 SUBJECT: Notification of Hearing for Repeal of Drainage Fee Ordinance No. 89-84 Adoption of Drainage Fee Ordinance for Drainage Area 48B DATE: September 17, 2002 PAGE: 2 This Board has before it for consideration of adoption for Drainage Area 48B 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. This Board also has before it the engineer's report, entitled "Updating Drainage Fee Ordinance for Drainage Area 4813" 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. 89-84 be repealed and that the attached drainage fee ordinance be adopted. At 9:30 AM on October 22, 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 plan 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 48B. 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 proposed corporate limits of the City of Pittsburg. The Clerk of this Board is DIRECTED to forward to the governing body of said city 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 No. 2002/ 570 PROOF OF PUBLICATION a . A, 2015.5 C.C.P. The Board of Si�tug ervisors a as the th trraa e091 9� Flood Control and.water STATE OF CALIFORNIA Conservation District, has County of Contra Costa set 9:30 M6 October 22ration ` s ' 1 am a citizen of the United States and a resident of the Ing,851 mine street Martl- th , Calffomia 94683, as County aforesaid; I am over the age of eighteen years, and the time andplace for a not a party to or interested in the above-entitled matter, hearing on the repeal of Drainapa Fee Ordinance No.9564 and the adoption I am the Principal Legal Clerk of the Contra Costa Times, a of a new drainage fee ordl- newspaper of eneral circulation, printed and published at ord- nance for Drainage Area 2640 haelands Drive in the City f Walnut Creek, County th tg under iodtConfloI District of Contra Costa,94598. The now drainage fee ordi- And which newspaper has been adjudged a newspaper of nance will incre a the fee general circulation by the Superior Court of the County of squaresqfoot t off Imp'smous Contra Costa, State of California, under the date of October surface fornorth HiohwF 22, 1934.Case Number 19764. 4,and from W17 td OM per ware foot of Impervi- ous surface for the area The notice, of which the annexed is a printed copy (set in south of Highway 4,in or- type not smaller than nonpareil), has been published in each ion of the dreinageffdolli- regular and entire issue of said newspaper and not in any ties shown in the proposed supplement thereof on the following dates,to-wit: drainagethe plan and p atIn September 20,27 The proposed drama a fee ordinance engineer s re- e cn e�and avalllaole plan all in the year of 2602 Inspection at the Flood Gctrol DDianezlaer Drive lct MRi I certify (or declare) under penalty of perjury that the rnce of`tMe 3,or a th+ee foregoing is true and correct. Board of supervisors. Executed at Walnut Creek,California. Board wilthe l considera�'writ- On this 27 day of September,'"2062 ten and oral comments on the proposed action, and -� J�d r approve the pro- r. action,continue the ..::... s.;.f i» •> ` sedingC or abandon ....f. roposed action. Signature ublishad In accordance Contra"Costa Times th Resolution No.02/5701 P O Box 4147 pa0as2ed on September 17, Walnut Creek,CA 94596 2Publish Set. 2. 2002 and (925)935-2525 se t.27 2902 BY&00 OF THE BOARD OF SUPERVISORS OF Proof of Publication of: CONTRA COSTA COUNTY (attached is a copy of the legal advertisement that published) LEGAL NOTICE JohnSweeten C9ntre Coate County Clerk of the Hoard of Su- Fi4od Control And pervlsors and County Ad- Water Conservation miniatrator Die��rllot Legal OCT 5951 NO710E OF Publish September 20,27, PUBLIC HEARING 2002 ENGINEERS REPORT FOR AN UPDATE OF THE DRAINAGE FEE ORDINANCE FOR THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISRTICT DRAINAGE AREA 48B Prepared by Sam Choi Contra Costa County Flood Control And Water Conservation District 255 Glacier Drive Martinez, CA 94553 May 10,2002 This report supplements the existing engineers report for the update of the drainage fee ordinance of Drainage Area 48B dated September 1989. 1. RECOMMENDATION It is recommended that: A. The existing Drainage Fee Ordinance No. 89-84 for Drainage Area 48B be repealed. B. A new Drainage Fee Ordinance for Drainage Area 48B be adopted. II. DRAINAGE AREA LOCATION AND DESCRIPTION: Drainage Area 48B is located in the Bay Point area. Its approximate boundaries are the Sacramento-Northern Railroad on the north, Cleadand Drive on the east, the U.S. Naval Inland Storage area on the south, and the Riverview Intermediate School and Evora Road on the west. The exact boundaries can be found on Contra Costa County Flood Control and Water Conservation District Drawing D-12661, entitled, "Drainage Area 48B, Boundary Map and Amended Drainage Plan,,, dated September 1989. Drainage Area 48B contains approximately 2,320 acres (3.6 square miles). The watershed, separated into approximately two halves by State Highway 4, consists of two distinct areas, each with separate physical characteristics. 111. REASONS FOR CHANGE IN DRAINAGE FEE The current drainage fee ordinance No. 89-84 which has a drainage fee of$0.27 per square foot of impervious surface, was adopted in 1989. This fee was based on 1988 base prices and inflated to 1993 price with 4% annual inflation rate, assuming that major construction would take place in 1993. It is proposed that the existing fee be updated to reflect inflation from year 1993 to year 2002. IV. CALCULATION OF THE PROPOSED DRAINAGE FEE The existing fee of$0.27 per square foot of impervious surface area is inflated from 1993 to 2002 with annual inflation rate of 3%. The proposed fee is $0.35 per square foot of impervious surface area. $0.27 x (1+0.03)9=$0.35 V. CREDIT FOR PROPERTIES SOUTH OF HIGHWAY 4. The existing Fee Ordinances No. 89-84 allowed 35% credit for the developers in the area south of State Highway 4, as compensation for the cost of the collection systems to be built south of Highway 4, but not included in the costs of the drainage plan. Therefore the proposed fee for the development in the area south of Highway 4 would be $0.23 per square foot of impervious surface. VI. ESTIMATED PROJECT COST AND REVENUE The project costs for the facilities to be built are as follows. The costs are based on year 2002 price. Project Cost for Line A. B, 131, C, and D: $4,041,600 Project Cost for Line-132 and Line-83: $1,136,000 TOTAL PROJECT COST $5,177,600 Impervious Surface Area; North of Hwy-4: 6,115,200 sf Impervious Surface Area; South of Hwy-4: 13,436,000 sf Estimated Revenue from north of Hwy-4: 6,115,204 sf x $0.35 $2,140,300 Estimated Revenue from north of Hwy-4: 13,436,900 sf x $0.23 ___-$31090,500 TOTAL REVENUE $5,230,800 The proposed fee would generate enough revenue to construct the facilities. VII. FUTURE UPDATING OF THE PROPOSED FEES. The new drainage fee ordinance includes a paragraph that authorizes annual fee updates for inflation using the Engineering News Record Construction Cost Index. The updates will occur annually on January 1. The proposed new fee ordinance includes "Section Xl- Review of Fees.,, VIII. CALIFORNIA ENVIRONMENTAL QUALITY ACT Updating the drainage fee ordinance for Drainage Area 48B is considered an administrative action and thus does not fall under the regulations of the California Environmental Quality Act (CEQA) pursuant to Section 15051 (b)(3) of the Act's guidelines. APPENDIX-A COST ESTIMATE (2002 price) LINE k, B,13-1, C, and D ITEM QUANTITY UNIT UNIT COST,$ COST,$ TOTAL COST,$ Channel Excavation 21,810 CY 20 449,286 Rock slope protection 515 TON 70 37,132 Concrete Channel 50 LF 550 28,325 30" RCP(Jacked) 130 LF 250 33,475 30" CP 140 LF 55 7,931 36"RCP 180 LF 100 18,540 36" CP 570 LF 80 46,968 42" CP 1,050 LF 98 105,987 48" CP 880 LF 120 108,768 54"CP 1,115 LF 110 126,330 54" RCP 630 LF 157 101,877 66"RCP 105 LF 210 22,712 66" CP 320 LF 160 52,736 72" RCP 35 LF 300 10,815 72" CP 1,925 LF 185 366,809 84" RCP 645 LF 340 225,879 90" RCP 350 LF 380 136,990 48"x76" Ellip RCP 130 LF 600 80,340 Type 11 MH 4 EA 3,000 12,360 Type III MH 2 EA 5,000 10,300 Special MH 81 EA 7,000 57,680 Pipe Headwalls 11 EA 15;000 15,450 4.33'x20' RCB 501 LF 1 600 30,900 CONSTRUCTION COST 2,087,600 Pipe R/W 11,441 AC 1 70,000 103,824 Channel R/W(new) 3.401 AC 1 60,000 210,120 R/W COST 313,900 UTILITY RELOCATION COST 93,900 Misc. Development Cost 131,519 Agency Inspection Fee 87,679 E/A Cost on Public Construction 137,782 R/W Acquisition, Labor and Legal 47,085 Utility Relocation Coordination 9,390 ENGINEERING &ADMINISTRATION COST 413,500 Ordinace Administration 29,089 District Cost for Coordination 58,178 District Cost for Zone Plan Change 20,362 COST FOR ORDINANCE PROCESS 107,600 _ ... CONTINGENCIES 290,900 ZONE PLAN ENGINEERING ($20,000-30,000) 20,000 COST REIMB.TO COLLECT. AGENCY 16,600 FUNDS BORROWED FOR THE BASIN-A AND OTHER FACILITIES 697,600 TOTAL REQUIRED FUND (Line-A, B,B-1,C, and D) $4,0419600 LINE- 132 & 133 ITEM QUANTITY UNIT UNIT COST,$ COST,$ TOTAL COST,$ Channel Excavation 8,061 CY 20 166,057 Rock Slope Protection 30 TON 70 2,163 30" RCP 600 LF 55 33,990 36" CP 300 LF 80 24,720 42" CP 1,500 LF 98 151,410 48" CP 1,320 LF 120 163,152 60" RCP 35 LF 188 6,777 60" CP 740 LF 127 96,799 Type Il MH 7 EA 3,000 21,630 Type III MH 5 EA 5,000 25,750 Pipe Headwalls 2[___ EA 15,000 30,900 CONSTRUCTION COST 723,300 PIPE Rall 1.1_31 AC 1 70,000 1 81,4731 81,473 UTILITY RELOCATION 11 LS 1 32,500 1 33,475 32,500 Misc. Development Cost 45,568 Agency Inspection Fee 30,379 E/A Cost on Public Construction 47,738 RAN Acquisition, Labor and Legal 12,221 UtiRy Relocation Coordination 3,250 ENGINEERING & ADMINISTRATION COST 139,200 Ordinace Administration 9,765 District Cost for Coordination 19,529 District Cost for Zone Plan Chane 6,835 COST FOR ORDINANCE PROCESS 36,100 CONTINGENCIES 97,600 ZONE PLAN ENGINEERING ($20,000-30,000) 20,000 COST REIM'B.TO COLLECT. AGENCY 5,100 TOTAL. REQUIRED FUND (Line-B-2 and 133) $1,135,273 _ .............. ...................... .................................. .................................. ORDINANCE N ? > <>< << < ................ 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 48B 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: ..A % SECTION I DRAINAGE PLAN. The drainage lan and ma entitled g ...:.::::: ::::::::.: / ::.� ..f:'.{ .. -..... ......r.- 11 .... .. •::.y• : '•}:}:•};•i}:r::}}'.:'i'•:.}..::.:.::{:•q±%L.... /..,.;,:iy{{frr.�r�y/.r.}i::i�i+:i: ' :•.....,.....'......:. °< rn bile W�ffi tie .. ::iSr•:i:> :. :: .:::::::::.::: w::ii:{ir:i"viii:is}:?i;}:•}:iriii:r tiv:iii:}ir:;i:;:?;:i ii:i Ti is{},r:i::•}+ r}..y.'.:::is n'r':::.}..v '::•.... ... .:.... :. ::::....r.y.. :.::.::...:::::. r'}:fiiiii:; r::(i:':;Isis::::i:::i::i':i'::::::i::i.}'::n :i4%i.}:i{:ii:::i":ii::i:} ....'r.. Clerk of the lc�ard of Suprvlr ; t r as the drainage plan dor tete Contra Costa County Flood Control and Water Conservation District Drainage Area 48B 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. 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 Ordinance No. Wage 1 of 5 modify structures or other impervious surfaces, provided the amount of ground coverage is not increased by more than 100 square feet; 3) To convey land to a government agency, public entity, public utility, or abutting property owner where a new building lot or site is not created as a result of the conveyance; or 4) Any lot or property for which drainage fees have been fully paid previously. SECTION IV FEE DEFERMENT. On lots greater than two acres in size, the property owner can defer the payment of the fee on the portion of the lot in excess of two acres that is not a required part of the pending development. The deferment of fee is conditional on the property owners granting, as collateral, the development rights to the Board of Supervisors for said area of deferred fee until such time as the fee is paid. SECTION V. BUILDING PERMITS. Except as permitted under Section III and IV, the Contra Costa County or the city official having jurisdiction shall not issue any building permit for construction within the drainage area until the required drainage fee has been paid. For initial construction the fee shall be as set forth in Section VII. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall 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 o r square foot, but not to exceed the amount required under Section VII. SECTION VI SUBDIVISIONS. Except as permitted under Sections III and IV, the subdivider shall pay the drainage fee on the entire proposed subdivision or on each individual unit for which a final or parcel map is filed prior to recordation of said map. Town house, condominium, and cluster housing type subdivisions creating individual lots less than 4,000 square feet shall be treated as multifamily residential and the lot size used in determining the "square feet of land per unit" shall be the lot size prior to subdividing. Except as noted above, the fee for all other subdivisions shall be calculated on an individual lot basis. The fee amount shall be as set forth in Section VII. SECTION VII. FEE SCHEDULE Unit Measure Building Subdivision Permit CommercialllndustriaII/Downtown acre Offices .......................... ............................... Offices Medium acre `..` `< ( .........:.:::.....::...... ::..:..: ::.::::.::: .............. Offices(Light) acre . < > f >> Multiple Residential(Including Mobile Home Parks) Ordinance No, Page 2 of 5 ................................................................ . Less than 2,500 sq. ft. of land per unit acre „ rr 2,500 2,999 unit '. .•:. it „ ;>.'. 3,000 - 3999unit >::>::>::>::>::»:;:.;:.;:.::.;: ::>::»::>::::>: 4,000 - 4999 r' unit <: . ....... 5,000 - 5999 r, unit > € ',;: . : `•: 6,000 - 6,999 itunit 7,000 - 7999 unit ...........................................:............... ................... ....................... . . ............................ ............... 8000 + nit„ u � '�:.....:.��. > <<<< :.. � >�•`� <: Single Family Residential 4,000 - 4,999 sq. ft. of land per unit unit 5,000 5,999 It ,r unit 6,000 - 6999 „ „ unit ......................................................... ................ ....................................... .................................................... .. 7,000 - 7,999 unit ::::.> < >< <<< >::>.::>.,:' „ r, 8,000 - 9,999 unit ::' '�� >> >`{�° `'�•'`I' ``: 10,000 - 13,999 „ „ unit .......................................................... . ............................................................ .......................................................... . .................................................. 14,000 - 19,999 „ „ unit 20,400 - 29,999 unit : 30,000 - 39,999 „ r, uni# .:::::: >> ><« > ,:::>::.::; 40,000 + „ unit Agricultural Under 10% of lot impervious Exempt ................. ........................ More than 10% of lot impervious developed Mon 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. Ordinance No. Page 3 of 5 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 quotient obtained by dividing the lot size in square feet by the number of dwelling units proposed to be on the lot. SECTION Vlll. FEE PAYMENT. The official having jurisdiction may accept cash or check, or, when authorized by the District's Chief Engineer, other consideration such as actual construction of a part of the planned drainage facilities by the applicant or his principal. All fees collected hereunder shall be deposited in the County Treasury to the account of the drainage facilities fund established for the drainage area. Monies in said 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. 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 CREDIT FOR PROPERTIES SOUTH OF HIGHWAY 4. For developments in the area south of Highway 4, as compensation for the cost of the drainage systems to be built, but not included in the cost of the plan, a credit of 35 percent will be applied to the ....: ....:.A.......... Viii .4.ii'Y:•:i:iiij{i•.'r.:r.:i:::'i::::::::::::::}ii•ii{;$'i:{i{i'•'r'tk{i:4yiYr r4;•iny4"ii' .:::::::vv:.n•:'• -0C•}Yn'.ri:4•{::.. {• �JJLµµL'' i •; ': r :i:{•:{ii{{{C::::4;{{{{{{IX{•ilii:::{•:^:O:?:{4:^:^}}}}}•:v:•?•:•:�:•.•:•'.:•;}i:{•ii:^:Oi}ii%{;.�{:v:vvj{•:yj:i::•i:•:Q:iC:{{:Oi:;,.....;:.•::..:::::.nn:•.:..:................... SECTION XII EFFECTIVE DATE. This ordinance becomes effective 60 days after Ordinance No. _____ Page 4 of 5 passage, and within 15 days of passage shall be published once with the name of supervisors voting for and against it in the>1.1n' "f€ ;<.:a newspaper published in this area. PASSED AND ADOPTED ON ` r..'....Nr' the following vote: AYES: NOES: ABSENT: -------------------------------- Chair of the Board ATTEST: <> .................................................... ............................................. ... ... . .. . ...... Clerk of the Board of Supervisors and County Administrator By: --------- ----------------------------------------- Deputy Ordinance No. Page 5 of 5 DA 48B Existing Fee Ordinance OPD1NANCE NO.-89`- AN ORDINANCE OF THE CX RA t3 TA. COUM FLOOD cONIML AND WATER CONSERVATICK DISTPICT ESTABLMSAUM DRAINAGE PTMS IN THE CONTRA. COSTA COUNTY FMOD C `I'F2 L AND WATER CONSERVATION DISTRICT DRAINAGE AREA 48B The Board of Supervisors of Contra Costa County as the governing bray of the Contra Costa County Flood Control and Water conservation District does ordain as follows; SECTION 1. UWXNZ PLAT. The drainage plan and map entitled , on file with the Clerk of the Board.of Supervisors, is adopted as the drainage plan for the Contra testa county Flood Control and Water Conservation District Drainage Area 48B pursuant to Sections 22.2 and 12.3 of the Contra Costa County Flood Control and Water Conserva- tion District Act (Chapter 63 of West's Appendix to the Water Code). SECTION II. FINDINGS. This Board finds and determines that said drainage area has inadequate drainage facilities; that future subdivision and development of property within said drainage area will have a significant adverse impact on existing and future developments; that development of property within the drainage area, with its resultant incase 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 casts of all drainage facilities shown on the drainage plane 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. MONS. 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 strums has the same, or less impervious surface as the original structure; 2) To modify structures or other imper=vious surfaces, provided the wxxmt of ground coverage is not increased by more than 100 square feet; 3) To convey land to a government agency, public entity, public utility, or abutting property owner where a new building lot or site is not created as a result of the conveyance; or 4) Any lot or property for which drainage fees have been fully paid previously. SEMON IV. FEE DEFERENT. 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 developnmt rights to the Board of Supervisors for said area of deferred fee until such time as the fee is paid. SECTION V. BUIMING QTS. Except as permitted under Section III and IV, the Contra Costa. C4Axnty or the city official having jurisdiction shall not issue any building permit for construction within the drainage area until the required drainage: fee has been paid. For initial construction the fee shall be as set forth in section VII. For single family residential swiming pools on lots for which the drainage fee has not been paid, the fee shall beeper pool. For other con- struction, modifications or replacements to an existing facility that cause an increase in impervious surface, including but not limited to driveways, walks, patios etc.,*the auaant of net increase in inpervious surface shall be subject to a f3m1 wxE Int:-99-' Mage 1 of 3 fee of` wiretl`^� scare foot, but not to exceed the amount required under Section VII. SWnON VI. SuBDIVISIc w. Except as omitted tinder Sections III and IV, the subdivider shall pay the drainage fees on the entire pry division or on each individual unit for which a final or parcel map is filen prior to recordation of said map. Tmm house, condcv-dnium,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. Wit 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. SECTICK VII. FEE SCNE0= BuLlAim Pu-mit ggbdivisiin �r 4 4 l rr tt€sf r /Tarxrm ra_bffit , r Offim (Mediumb_ r r office (TAdht): r96&/eerer Multifamily gr+ i gatial.(JWJ irg Wit i1S HgM WA); Less than 2,500 sq. ft. of land per unit , 2,500 to 2,999 u n 3,000 to 3,999 rt tt4595 4,000 to 4,999 tr tt690 5,000 to 5,999 tr tt ?90 1790 6,000 to 6,999 tt tt ego '" 696 7,000 to 7,999 n " 980 980 8,000 + n tt 3:,93E) --1,930 _ Sing.ls Fly Bold t- ,fid.; 4,000 to 4,999 Esq. ft. of land per unit $ , 5,000 to 5,999 et n r 6,000 to 6,999 t" " ,26,J ll 7,000 to 7,999 rr n825 r 8,000 to 9,999 tt n r 10,000 to 13,999 tr rt 14,000 to 19,J99 tt rt0750 20,000 to 29,999 1,406r 30,000 to 39,999 +t ttt,740r 40,000 + tt tt r(300 2,865 Agricultural. Under 10% of lot impervious E"Wrt More than 10% of lot impervious fte,98574ftere Ch1 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 mare 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 shcKAm 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 amts under "Single Family Residential" shall apply to lots containing only one dwelling unit. For multifamily residential (including mobile hem parks) the "square feet of land per unit" shall be the quotient obtained by dividing the lot size in square feet by the nmcrber of dwelling units prgxxsed to be on the lot. SECTION VIII. FEE PAST. The official having jurisdiction may adept 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 fes collected hereunder derr shall be paid into the County Treasury to the account of the drainage facilities fund established for the drainage area. Mnies in said fund shall be expended solely for land acquisition, construction, engineering, administration, repair maintenance- and operation or relatttrm!wnent 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. ORDIt€ANCE NOr�-~ Page 2 of 3 SECr10N 2X: CMMrr FM PREVIOUS PAS OF FEES. Drainage fees previously paid shall be credited,as follorm: a) %1 xe drainage fees have been partially paid under a fortrer ordinance No. 86-42 fees, fees shall not be required for any part of the total area for which the fee was paid. b) M*iere 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 develant site. c) dere 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. SEMON X: CREDIT FM PROPERTIES SCUM OF HIGHWAY 4. For developttaents in the area south of State Highway 4, as dation for the cost of the collection systems to be built, but not included in the cats of the plan, a credit of 37 percent will be applied to the drainage fees shown in section VII of this Ordinance. EFFEUME DATE. This ordinan6e becomes effective 60 days after passage, and within 16 days of passage shall be published once with the names of supervisors voting for and against it in flie Fitbsb=g Past Bizpmbdt, a newspaper published in this minty. PASSED AND ADOPTED ON , by the following vote: AYES: NOES: ABSENT: Chair of the Board ATTR': , Clerk of the Board of Supersrisors and Ccxmty Administrator BY Deputy SR:dmw:pg DA48bOrd2 ORDINANCE No. 89j Page 3 of 3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BOGY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Adopted this Resolution on October 22, 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RESOLUTION NO. 20021 SUBJECT: Repeal of Drainage Fee Ordinance No. 89-84, and the Adoption of a new Drainage Fee Ordinance for Drainage Area 48B, Pittsburg area. Project No.: 7574-6D8223- 98. 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 September 17, 2002, this Board set a public hearing to consider the repeal of the existing Drainage Fee Ordinance No. 89-84 and the adoption of a new drainage fee ordinance to increase drainage fees in Drainage Area 48B. On October 22, 2002, pursuant to the Board's Resolution of September 17,2002,this Board held a meeting to consider the repeal of Drainage Fee Ordinance 89-84 and adoption of 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 48B. 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 48B, has been filed. G:1GrpDatalFidCUlAdministradon\Board orders12002 BOtBO 9-17 DA48B Reso(10-22).doc Orig.Dept.: Public Works(Flood Control) f hereby cern that this is a true Gild correct co of an Contact Person: Clean Eckerson(313-2271) y fY Py action taken and entered on the minutes of the Board of cc: County Administrator Supervisors on the date shown. Community Development Building inspection County Counsel County Assessor ATTESTED: County Treasurer-Tax Collector JOHN SWEETEN, Clerk of the Board of Supervisors County Auditor/controller and County Administrator Public Works- Flood Control Engineering Services Design-Environmental Accounting By Deputy RESOLUTION NO. 20021 SUBJECT: Notification of Meering to Consider Repeal of Drainage Fee Ordinance No. 89-84 and Adoption of a new Drainage Fee Ordinance for Drainage Area 48B, Pittsburg area. DATE: September 17, 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 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 September 17, 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 adopted Drainage Area 48B Improvement Plan. The fees will be used to finance the drainage facilities listed in the adopted 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. 89-84, and adopting the new drainage fee ordinance for Drainage Area 48B is not subject to the California Environmental Quality Act(CEQA)pursuant to Section 15061(b)(3)of the Act's guidelines; 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 48B and this Board hereby ENACTS Ordinance No. 2002- This Board hereby also REPEALS the existing Drainage Fee Ordinance No. 89-84. RESOLUTION NO. 2002/ •, a r 4 1 DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE t CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NOs.: 7547-6D8223, 7579-6D8216, & 7566-618222 CP NO.: 00-91 ACTIVITY NAME: Drainage Area Fee Ordinance Updates for DA 4813, DA 55, ander 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. 12ESCRIPTION OF THE ACTIVITY: The purpose of the activity is to increase the current drainage fees for Drainage Areas 48B, 55, andp-0 provide proper financing to the proposed drainage facilities as per each Drainage Area Flan in order to cover the increased casts of construction. j 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 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: �l � Cece Sellgren Environmental Planner APPROVED BY: FATE Community Development Representative G kGrpData\EngSvc\EW1RO12000 projecfstCECIAoniy \Dete►m.Exempt DA free Ordinance Updates for DA LB-DA 55-DA 56.docs CONTRA COSTA COUNTY . COMMUNITY DEVELOPMENT DEPARTMENT 6S[ Pine Street, N. Wing - 4th Floor Martinez, CA 94553 Telephone: 33S-1210 Fax: 335-1222 TO: Development Engineer/Architect DATE: FROM: Petrick Roche, Advance Plannin SUBJECT: MANDATORY REFERRAL FOR GENERAL PLAN CONFORMANCE Community Development staff has reviewed the attached project, CP 00- to determine if mandatory referral for General Plan Conformance, as required by Section 65402 of the Government Cade, is necessary. The project needs no further mandatory referral clearance from County staff subject to the following actions: ii+`} This project has been determined to be exempt from 65402 review. { 1 This project has been determined to be exempt from 65402 review in accordance with the Board of Supervisors Resolution 81152.2 because the project involves a road alignment project of a minor nature. { ! The project site is located within the City of _ and should be referred to the City for 65402 review. { 1 The project site is located within the City of Our Department dues not review projects for General Plan Conformance (refer to Government Code Section 65402) that are located within a City. # } Community Development staff makes the fallowing attached recommendation which should be incorporated into the staff report on this matter. The project needs mandatory referral and County staff will process this project in the following. manner: 65402 review is required: :Community Development,.,staff will carry this matter before the.appropriate Planning Commission. # Y 65402 review must be withheld until completion of an Environmental Impact Report on this project. £ j Other progedures. 9hq&.mr4gpc.Q9 i 'F F r CALIFORNIA ENVIRONMENTAL QUALITY ACT Nod*ce of Exemption �__.. Contra Costa County Community Development Department 651 Pine Street, 4th Floor-North Wing,McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2298 Contact Person: Cece Sellgren - Public Works Depfi. Project Description, Common Name (if any) and Location: Drainage Area Fee Ordinance Updates for DA 488, DA 55,and0A 6; aunty File#CP 00.91. Project Description The purpose of the activity is to increase the current drainage fees for Drainage Areas 488, 55, and provide proper financing to the proposed drainage facilities as per each Drainage Area Plan in order to cover the increased casts of construction. This activity will need General Plan Conformance from.the Cities of Antioch and Pittsburg. Project Location; Drainage Areas 48 B, 55, andare 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). Dralnmge Are; `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)) TL General Rule of Applicability(Section 15061(b)(3) ® Emergency Project(Sec. 15269(b)or(c)) ...... Categorical Exemption, for the fallowing 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. ©ate: 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 Cade Section 21152(c). Said notice will remain pasted for 30 days from the filing date. Signature Title Applicant: County Public Worsts Department 255 Glacier Drive Martinez, CA 94553 Attn: Trina Torres County Clerk Fee$50 Due G:1GrpDatalEngSvctENVIRO\2000 projects\ CEQAoniy\N0l5\DA Fee Ordinance Updates for DA 48B-DA 55-DA56.doe y 103 7 o� C7 0 C-4 Cil t C� 0 e lot CTJ t'D .. c s, x i s. x S f