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Home My WebLink AboutMINUTES - 12071993 - H.2 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 December 7, 1993, by the following vote: AYES: Supervisors Smith,_Bishop-, McPeak and Torlakson NOES: None ABSENT: I,"Supervisor-Powers ABSTAIN: "None Resolution No. 93/ 718 (West's Water Code App. Ch. 13, Sec. 12.2 and 12.3) SUBJECT: The Amendment of,the Drainage Plan and the Repeal of Drainage Fee Ordinance No. 84-60, and the Adoption of a new Drainage Fee Ordinance for Drainage Area 29D, Oakley Area. Project No. 7555-6130209 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: On September 28, 1993, this Board set a public hearing to consider an amendment to the Drainage Plan for Drainage Area 29D and to consider the repeal of the existing Drainage Fee Ordinance 84-60 and the adoption of a new drainage fee ordinance to increase drainage fees in Drainage Area 29D. On November 9, 1993, this Board continued the hearing to December 7, 1993. , On December 7, 1993,pursuant to the Board's Resolution of September 28, 1993, this Board held a hearing to consider the amendment to the Drainage Plan for Drainage Area 29D and the repeal of Drainage Fee Ordinance 84-60 and adoption of a new drainage fee ordinance. At that time the Chief Engineer submitted a revised ordinance specifying a lower fee amount than recommended in the Engineer's Report and all written and oral objections presented concerning these actions were considered. This Board hereby 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 29D. 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 12.3 of the Contra Costa County Flood Control and Water Conservation District Act and in accordance with the provisions of the Board's Resolution of September 28, 1993. The purpose of the drainage fees described in this resolution is to generate monies to finance drainage improvements in Drainage Area 29D. The fees will be used to finance the drainage facilities listed in the drainage plan and described in the engineer's report. As discussed in more detail in said report and in the Report of Impervious Surface Drainage Ordinance Dated January, 1982, the types of development that are subject to the fees will generate additional impervious surfaces and stormwater runoff within said drainage area and watershed, thus creating a need to expand or improve existing drainage facilities and a need to construct new drainage facilities. Use of the fees paid by each type of development will provide necessary infrastructure to mitigate adverse drainage impacts that would otherwise result from such development. Resolution 93/718 Board of Supervisors Drainage Area 29D December 7, 1993 Page.Two, This BOARD has considered the negative declaration for the proposed amendment of the Drainage Area 29D drainage plan, together with all comments received. This Board hereby ADOPTS the Negative Declaration in compliance with the California Environmental Quality Act, and FINDS based on the initial study and any comments received, no substantial evidence that the project may have a significant affect on the environment: The proposed plan amendment has been found to be de minimis in its effect on the environment and is exempt from the $1,250 Fish and Game filing fee. This Board hereby DIRECTS the Director of Community Development to file a Notice of Determination and a Certificate of Fee Exemption: DeMinimis Impact Finding with the County Clerk. This Board further AUTHORIZES the Chief Engineer of the Contra Costa County Flood Control and Water Conservation District to arrange for payment of$25 to the County Clerk for filing of the Notice of Determination. This Board hereby FINDS that good cause exists for the amendment of the drainage plan for Drainage Area 29D and ORDERS that the drainage plan, as shown on the map entitled, "Drainage Area 29D Boundary Map and Amended Drainage Plan", dated August, 1993, proposed to be instituted for Drainage Area 29D and on file with the Clerk of the Board of Supervisors, Administration Building, Martinez, California, is hereby INSTITUTED. This Board hereby further FINDS that good cause exists for the adoption of a new drainage fee ordinance for Contra Costa County Flood Control and Water Conservation District Drainage Area 29D and ACCEPTS the Chief Engineer's revised recommendation, and this Board hereby ENACTS Ordinance No. 93-87 . This Board hereby also REPEALS the existing Drainage Fee Ordinance No. 84-60. SC:kd:fp C:BO\BORES7Atl2 Contact: M.Morton,313-2285 County f hereby certify that this is a true and correct copy 71 ac d Originator. Public Works Administrator an action taken and entered on the minutes of the Board of Supervi On a date shown, Community Development (� � q[l�';�] Building Inspection ATTESTED: IU C f991 County Counsel PHIL BATCHELOR,Clerk of the Board County Assessor Of SLOOrAws and my Administrate County Treasurer-Tax Collector , County Auditor-ControllerJJWa- ",Cepw Chief Engineer Flood Control Engineering Accounting Engineering Services Building Industry Association P.O.Box 5160 San Ramon,CA 94583 David Lennon Hofman Company P.O.Box 907 Concord,CA 94522 Dennis J.Razzari Davidon Homes 1600 S.Main Street#150 Walnut Creek,CA 94596 ,f i ' ^+�?-.^sem (iii � .�zra �h:.t� �vT.R{ '7?.•..I �. ., ;jam tYZLkr,fv;l u� il0 q:33'I;r1Sd:!'TtY#4�4*�Idtis�}ct bt2£��TSSr�iUtflill4tn c ORDINANCE NO. 39 87 AN ORDINANCE REPEALING ORDINANCE NO. 84-60 OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND - WATER CONSERVATION DISTRICT AND ENACTING A NEW DRAINAGE FEE ORDINANCE FOR THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 29D The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Flood Control and Water Conservation District does ordain as follows: SECTION 1. Ordinance No. 84-60 of the Contra Costa County Flood Control and Water Conservation District is hereby repealed. SECTION 2. The Board hereby enacts the following as the Drainage Fee Ordinance for Drainage Area 29D: SECTION I. DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 29D, Boundary Map and Amended Drainage Plan", dated August, 1984, on file with the Clerk of the Board of Supervisors, is adopted as the drainage plan for the'Contra Costa County Flood Control and Water Conservation District Drainage Area 29D pursuant to Sections 12.2 and 12.3 of the Contra Costa County Flood Control and Water Conservation District Act (Chapter 63 of West's Appendix to the Water Code). Said drainage plan is hereby amended as set forth in "Drainage Area 29D, Boundary Map and Amended Drainage Plan" dated August, 1993. SECTION 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 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. gec �e rn c�eefilo-8�-66 a SECTION 111. EXEMPTIONS. The fee shall not be required for the following: 1) To replace a structure destroyed or damaged by fire,flood;winds or other act of God, provided the resultant structure has the same, or less impervious surface as the original structure; 2) To modify structures or other impervious surfaces, provided the amount of ground coverage is not increased by more than 100 square feet; 3) To convey land to a government agency, public entity, public utility, or abutting property owner where a new building lot or site is not created as a result of the conveyance; or 4) Any lot or property for which drainage fees have been fully paid previously. SECTION IV. FEE DEFERMENT. On lots greater than two acres in size,the property owner can defer the payment of the fee on the portion of the lot in excess of two acres that is not a required part of the pending development. The deferment of fee is conditional on the property owners granting, as collateral,the development rights to the Board of Supervisors for said area of deferred fee until such time as the fee is paid. SECTION V. BUILDING PERMITS. Except as permitted under Section III and IV, Contra Costa County or the city official having jurisdiction shall not issue any building permit for construction within the drainage area until the required drainage fee has been paid. For initial construction the fee shall be as set forth in Section VII. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be $495 per pool. For other construction, modifications or replacements to an existing facility that cause an increase in impervious surface, including but not limited to driveways, walks, patios etc., the amount of net increase in impervious surface shall be subject to a fee of $0.56 per square foot, but not to exceed the amount required under Section VII. SECTION VI. SUBDIVISIONS. Except as permitted under Sections III and IV, the subdivider shall pay the drainage fee on the entire proposed subdivision or on each individual unit for which a final or parcel map is filed prior to recordation of said map. Town house, condominium,and cluster housing type subdivisions creating individual lots less than 4,000 square feet shall be treated as multifamily residential and the lot size used in determining the"square feet of land per unit" shall be the lot size prior to subdividing. Except as noted above, the fee for all other subdivisions shall be calculated on an individual lot basis. The fee amount shall be as set forth in Section VII. din cef1epebllijgArdI4nce-No:-84-60 Page hr SECTION VII. FEE SCHEDULE. Development Type Buildina Permit Subdivision Commercial/Industrial/ $23,025 /acre $24,735 /acre Downtown Office Office (Medium) $19,735 /acre $22,055 /acre Office (Light) $16,515 /acre $18,615 /acre Multifamily Residential (Includes Mobile Home Parks) Less than 2,500 sq. ft. of land per unit $18,145 /acre $18,145 /acre 2500 to 2999 sq. ft. of land per unit $ 1,075 /unit $ 1,075 /unit 3000 to 3999 sq. ft. of land per unit $ 1.230 /unit $ 1,230 /unit 4000 to 4999 sq. ft. of land per unit $ 1,435 /unit $ 1,435 /unit 5000 to 5999 sq. ft. of land per unit $ 1,6;40 /unit $ 1,640 /unit 6000 to 6999 sq. ft. of land per unit $ 1,840 /unit $ 1,840 /unit 7000 to 7999 sq. ft. of land per unit $ 2,040 /unit $ 2,040 /unit 8000+ sq. ft. of land per unit $ 2,140 /unit $ 2,140/unit Development Type Building Permit Subdivision Single Family Residential 4,000 to 4,999 sq. ft. of land per unit $1,505/unit $2,415/unit 5,000 to 5,999 sq. ft. of land per unit $1,575/unit $2,515/unit 6,000 to 6,999 sq. ft. of land per unit $1,640/unit $2,615/unit 7,000 to 7,999 sq. ft. of land per unit $1,710/unit $2,715/unit 8,000 to 9,999 sq. ft. of land per unit $1,810/unit $2,860/unit 10,000 to 13,999 sq. ft. of land per unit $2,010/unit $3,155/unit 14,000 to 19,999 sq. ft. of land per unit $2,345/unit $3,630/unit 20,000 to 29,999 sq. ft. of land per unit $2,900/unit $4,350/unit 30,000 to 39,999 sq. ft. of land per unit $3,600/unit $5,195/unit 40,000+ sq. ft. of land per unit $4,320/unit $5,985/unit AGRICULTURAL Under 10 percent of lot impervious EXEMPT More than 10 percent of lot impervious $21,955/acre of developed portion dinfo c e=Repeating'�3rdinance eNo: 840 age 9 ;W On single family lots, barns and sheds in excess of 400 square feet and tennis and sports courts shall not be considered as incidental residential facilities included in the above fee schedule.The drainage fee for the portion of these facilities in excess of 400 square feet shall be calculated using the square foot fee in Section V, and it shall be in addition to the above fee amounts. For the purpose of this ordinance, subject to Section VI, lot size shall be: (1) for existing lots, that land shown on the latest equalized assessment roll as a lot; or (2) for new subdivision lots, that land shown on the final or parcel map as a lot. The fee amounts under 'Single Family Residential" shall apply to lots containing only one dwelling unit. For multifamily residential (including mobile home Parks) the "square feet of land per unit" shall be the quotient obtained by dividing the lot size in square feet by the number of dwelling units proposed to be on the lot SECTION VIII. FEE PAYMENT. The official having jurisdiction may accept cash or check, or, when authorized by the District's Chief Engineer,other consideration such as actual construction of a part of the planned drainage facilities by the applicant or his principal. All fees collected hereunder shall be deposited in the County Treasury to the account of the drainage facilities fund established for the drainage area. Monies in said fund shall be expended solely for land acquisition, construction, engineering, administration, repair, maintenance and operation, or reimbursement for the same, in whole or in part,of planned drainage facilities within the drainage area or used to reduce the principal or interest of any bonded indebtedness of the drainage area. SECTION IX: CREDIT. Drainage fees previously paid shall be credited as follows: a) Where drainage fees have been paid under a former drainage fee ordinance based on acreage, fees shall not be required under Section VII for any part of the total area for which the fee was paid, except in the case of a resubdivision. b) Where drainage fees have been paid under this ordinance or another drainage fee ordinance based on impervious surface, fees shall not be required under Section VII for the total impervious surface area for which the fee was paid. However, fees shall be payable under Section VII for any additional impervious surface area. c) Where drainage fees have been paid other than pursuant to an adopted drainage fee ordinance,the dollar amount of the fee paid for the development site in question shall be credited against the fees payable under Section VII. SECTION X. EFFECTIVE DATE. This ordinance becomes effective 60 days after passage, and within 15 days of passage shall be published once with the names of supervisors voting for and against it in the "Daily Ledger Post Dispatch" a newspaper published in this area. Qr�di"j rrg.�rdfinaboe-No:$4-6p. g PASSED AND ADOPTED ON December 7, 1993 by the following vote: AYES: Supervisors Smith, Bishop, McPeak and Torlakson NOES: None ABSENT: Supervisor Powers Chair of the Board ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By . Deputy rMD6�91