The URL can be used to link to this page

Home My WebLink AboutMINUTES - 10121999 - SD17 7 r e_. CONTRA COSTA M BOARD OF SUPERVISORS ,pttp COUNTY OM- Donna.Gerber, Supervisor,District 3 DATE- October 12, 1999 SUBJECT- Hearing on Proposed Special Tax to Fuad Diablo Area Floor Area and Lot Size General Play_ arid Zone Regulations, Related Ordinance Adoption and Fixing of Election Formation following thereon:. SPEC'IF'IC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION — 1. Adopt Resolution No. 99/419 -authorizing a special tax election for tl e Diablo area. 2. Adopt Ordinance No. 99-_47 to establish (after a successful larch 7, 2000 two-thirds election vote')a one-time special tax to fLmd a Diablo area planning study and regulation adoption concerning Floor Area Ratio and lot size standards. `ISCALI PAST` None, the Diablo Property Owners Association has agreed to pay the election costs. AC OST P/FFAs_ l l REECC0MMMMEENNRA.'�'If�i�i(S�° Representations of the Diablo community area and its Municipal Advisory Council have requested consideration ofthe calling of a special tax election it that area to fund for it the preparation,development and consideration of general plan annendlrent,and ordinance regulations to establish requireme=nts for Floor Area. Ratios proportionality betwee=n houses and theirinvolved lot.sizes. Approval of the above Recommendations will provide for the addressing of the Diablo area representatives request, sv� CONTINUED ON ATTACHMENT: YES SIGNA I`URE: � �RE.COMMENBATTON OE COUNTY ADMINISTRATOR �®FSC bXEND T ION OF BOARD':OMMIT rE APPROVE O'T'HER SIGNATURE(S)s ACTION OF EC?ARI?ON October a`2. 19j9 APPROVED AS RECOMMENDED XX OTHER The public hearing was OPENED, and James Adams , Diablo Municipal Advisory Co-arch, P. O. Box 35 , Diablo , commented on the matter . No one ease desiring to spear., she nearing was CLOSED, and the Board APPROVED Vgf,. ions as stated above . I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND :.m....UNANIMOUS(ABSENT 5 ) ENTERED ON MINUTES OF THE BOARD OF AYESs NOES- SUPERVISORS ON THE DATE SHOWN. ABSENT: ABST'AIN- AT TESTED October 1 1999 PHIL BATCHELOR,CLERK OF Contact, District 3€ ffice THE BOARD OF SUPERVISORS ccs Community Development Depth ANIS COUNTY ADMINISTRATOR Elections-Hugh Denton Auditor-Controller Assessor BY — _,DEPUTY s 1aGr0nps\c1c:\Dsab1o130 V �y ORDNANCE NO, 99- 47 (Diablo area Special Tax Ordinance to fund the deveioprrfent and establishment of Floor Area Ratio and Lot side Requiremen,ts.) The Contra Costa County Board of Supervisors ORDAINS as follows: RTIC'"". . I EIMMLAND-MIENL It is the purpose and intent of this Ordinance to authorize a one time levy of a tax for Fiscal Year 2000-1 on parcels of real property or:the secured property tax roll of Contra Costa County that are within the boundaries of the Diablo Community Services District(the"Diablo area"). The one year tax levy authorized by this ordinance is to fund the preparation, consideration, and adoption for the Diablo area of a general plan, amendment and ordinance regulations to establish requirements for Floor Area Ratios proportionality between houses and their involved lot sizes. This tax is a special tax within the meaning of Section 4 of article XIIIA of the California Constitution. Because the burden of this tax fags upon property,this tax also is a property tax, but this tax is not determined according to-for in any manner based upon the value of property; this tax is levied on a parcel and use of property basis. Insofar as riot inconsistent with this Ordinance or with legislation authorizing special taxes and insofar as applicable to a property tax that is not based on value, such provisions ofthe California Revenue and Taxation Code and of article XIII offfie California Constitution as relates to ad valorem property taxes are i;itended to apply to the collection and adrn.inistration of this tax (Article IV of this Ordinance), as authorized by law. The revenues raised by this tax are to be used solely for the purposes of developing, considering and adopting a general plan, amendment and ordinance regulations to provide appropriate Floor Area Ratio standards for residential structures proposed to be built in,t he Diablo area. AR-11CLLUL. DZI -4 TI NI . The following definitions shall apply throughout this Ordinance: 1. "Parcel"means the land and any improvements thereon, designated by an assessor's parcel map and parcel number and carried on,the secured property tax roll of Contra Costa County. For the purposes of this Ordinance,parcel does not include any land or improvements outside the boundaries of the Diablo area as described above in,Article I and below in subsection 3. 20010 2. "Fiscal year"means the period of July 1, 2000 through the following June 30, O ANC INTO. 99m 47 I 3. "Diablo area" means that portion of the unincorporated area of Contra Costa County located within the boundaries of the Diablo Community Services District. 4. "Use Code" means the code number assigned by the Assessor of Contra Costa County in order to classify parcels according to use for ad valorem property tax purposes. A copy of the Assessor's use code classifications chart is attached hereto as Exhibit A and incorporated herein. ARDLIX—M. A_NMTs&LjAlD LEV- F r,L� I The one-time tax for Fiscal Year 2000-2001 (July 1, 2000 to June 30, 2001) on each parcel in the Diablo area shall be the amount of tax per parcel for a Property Use Code Category as set forth in Exhibit B incorporated herein. 2. The taxes levied for Fiscal Year 2000-2001 on each parcel pursuant to this Article ,hall be a charge upon the parcel and shall be due and collectible as set forth. in Article IV, below. A complete listing of the amount of taxes or.each parcel shall be maintained at the office of the District 3 Supervisor, 309 Diablo Road, Danville, California, and be available there for public inspection until June 30, 2001. A&ILOLEXY 1. Taxes as Liens Against the Property. The amount of taxes for each parcel for Fiscal Year 2000-2001 shall constitute a lien on l have&;. such property, in accordance with Revenue and Taxation Code Section 2187, and shall hav e same effect as an ad valorem real property tax hen until fully paid. 2. Collection The taxes on each parcel for Fiscal Year 2000-2001 shall be billed on the secured roll tax bills for ad valorem property taxes and shall be due the County of Contra Costa. Insofar as feasible and insofar as not inconsistent with this Ordinance, the taxes are to be collected in the same mariner inwinich the County collects secured roll ad valorem property taxes. Insofar as feasible and insofar as not inconsistent with this Ordinance,the times and procedure regarding exemptions, due dates, installment payments, corrections, cancellations, refunds, late payor.tints, penalties, liens, and collections for secured roll ad valorem. property taxes shall be applicable to the collection of this tax, Notwithstanding anything to the contrary in the foregoing, as to thIs tax: 1) the secured roll tax bills shall be the only notices required for this tax, and 2)the homeowners and veterans exemptions shall not be applicable because such exemptions are determined by dollar an.ount of value. ORDINANCE NO. 99--A7-- 2 3. Costs of Administration by County. The reasonable costs incurred by the County officers collecting and administering this tax shall be deducted frorr the collected taxes. IQ? -EV- aEMERAB ' L A1SE If any article, section., subsection, sentence, phrase or clause of this Ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portion of this Ordinance. The voters of the Diablo area hereby declare that they would have adopted the remainder of this Ordinance, including each article, section, subsection, sentence,phase or clause, irrespective of the invalidity of any other article, section, subsection, sentence,phase or clause. LCL Y1'• E :f Y— This ordinance shall tare effect immediately upon its confir-mation by two-thirds of the voters voting within the Diablo area in an election to be held March 7, 2000 so that taxes shall first be collected hereunder for the tax year beginning July 1, 2000. A55ED A p at a regular meeting of the Board of Supervisors, County of Contra Costa, Mate of California, on_ e 12 —, 1999 by the following vote: AYES. SUPERVISORS G101A, UI ENA, DeSAULNIER and GERBER NOES: NONE -ABSENT: SUPERVISOR CANCIAMMILLA A'-ESS': l<IL BATCHELOR Clerk of tape Board of Supervisors and Cownty Administrator By: i - - € Board Chair O 31NTA':�CE NO. 99--41- 3 9a43 a5..<22 (,1...N31kH i—uu :H �—JY kj`.,C -�,b S:g T g f ff. E 0 U; 00 m n -T-,F v Ni I tot- a _ a i ` ' L9 LIU� 21 z } ? { I r !f CL v AA f { jit , I Llb " �: I i y { LZ L's; T 0 URS g � L _ Fs c fol k m it- tLa fa_ 1 1 1 !p P- ,6 tv k Er fit 11L � s art WEw AL t ik ZZ TOTS P.04 TOTPL P,x`34 EXHIBIT A ANN"L$,'AL TAX PROPERTY USE PER RESIDENTIAL C9QELA!EaQBY EXELANAT ON PROPERIY i- 10 Vacant, unbuildable 11 Single Family Residence - $75 I res., I site 12 Single Family Residence - $75 1 res., 2 or more site 13 Single Family Residence ® $75 2 res. on I or more sites 15 Misc. Improvements - 1 site $75 16 Misc, improvements - $75 2 or more sites 17 Vacant® I site $75 25 Apartments (5 - 12 units) $75 29 Attached PUDs: $75 Cluster Homes, Condos, etc. 38 Goff, Courses $_0_ 61 Rural, Res. Improvement IA-1 OA $75 63 Urban Acreage, I OA up to 40A $75 64 Urban Acreage, 40A and over $75 79 Government Owned $_0_ 81 Private Roads $_0_ 82 Pipelines and Canals $_0_ 86 Taxable Municipally-Owned $_0_ Property 87 Common Areas, PUDs $_0_ EXHIBIT B off rA t "" , q � lowF <1 it 4A r Sk g Lo g'La � 9 97 OwlFilm I 114e lot e aft 0 gel H FlytUM a Irk TOTVL P.04 °AFL P. EXHIBIT A ANNUAL TAX PROPERTY USE PER RESIDENTIAL CODE QATY X I Ni PROPERTY 10 Vacant, unbuildable 11 Single Family Residence - $75 1 res., I site 12 Single Family Residence - $75 1 res., 2 or more sites 13 Single Family Residence - $75 2 res. on 1 or more sites 15 Misc. Improvements - 1 site $75 16 Misc. improvements - $75 2 or more sites 17 Vacant- I site $75 25 Apartments (5 - 12 units) $75 29 Attached PUDs: $75 Cluster Homes, Condos, etc. 38 Golf Courses $-0- 61 Rural, Res. Improvement IA-10A $75 63 Urban Acreage, I OA up to 40A $75 64 Urban Acreage, 40A and over $75 79 Government Owned $-0- 81 Private Roads $-0- 82 Pipelines and Canals $-0- 86 Taxable Municipally-Owned $-0- Property 87 Common Areas, PUDs $-0- EXHIBIT B THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted his Resolution can October 12 . 1999,, by the following vote : AYES : SUPERVISORS GIOIA, UI KEMA, D63AUL�IE,R and GERBER NOES : NONE ABSENT; SUPERVISOR CANCIMILLA ABSTAIN NONE SUBJECT: Authorizing a Special Tax Resolution No. 99/_4 9 Flection in the Diablo area. (Gov. Code §§ 23027; Elec. Code § 9603) . Representatives of the Diablo community area and its Municipal Advisory Council have re jested consideration of the calling of a special tax election in the Diablo area(the territory of the Diablo Community Services District) to fund for it the preparation, development and consideration of a general plan amendment and ordinance regulations to establish requirements for floor Area Ratios proportionality between l=ouses and their involved lot sires. NOW, THEREFORE BE IT RESOLVED: I o That Ordinnance No. 99-47 adopted this date is to be presented for approval of the voters of the Diablo area at a March 7, 2€00 election according to the following ballet proposition: "Shall Ordinance No. 99®47 of the Board of Supervisors of Contra Costa.County be approved so as to authorize a one-time special tax of no more than 75 per residential property to fund the development and consideration of a general plan amend:nent and zoning ordinance regulations to establish in the Diablo Cori niunity Services District area a Floor Area Ratios proportiat ality between houses and their not sizes?" 2. With the same(anal as past of) the election and ballot proposition ordered in section. 3 of this resolut on, the follovairg Advisory ballot measure shall be presented to voters of the Diablo area.: "Should the Contra Costa County Board of Supervisors amend the General Ilan and the Zoning Code as they apply to the Diablo area to adopt a Floor Area Natio Ordinance substantially in the form n=ailed to the Diable residents on or about December 10, 1999, and a copy of which is available for public inspection at the District 3 Supervisor's office, 309 Diablo Road, Danville, CA, so as to provide proportionality between house and lot size?" 3. Concurrent with the adaption this day of Ordinance No. 99- 47, this Board hereby calls a Diablo area(the territory within the boundaries of the Diablo Community Services District) special tax election to be consolidated with the March 7, 2000 statewide primary election, in accordance with Government Code sections 53722 and 53724 and all applicable provisions of the Elections Code and other law. 4. The Contra,Costa County Registrar of Voters is designated as the Election Official for the electron, and the County Clerk, Elections Division, is hereby authorized and directed to provide ail notices and take all other actions necessary to holding the afcrenoted election., including (but not limited to)providing notices of times within which arguments for and against are to be submitted, Orig. Dept: County Counsel eeA District 3 Supervisor's Office rlor ;C0,01 et t�ft Is a t`tu's and cormt Copy of .assessor an aetl n takin tLnd entered on he minut4s of the Auditor-Controller E�oswd of S;µpor0sora on the dates. Elections Division w Hugh Denton ATTESTED: 1999 A t 3M.,' EES ''°,Clark of tree wz M Cornrnuz�ity Development Dept. � pa ,�. �,drs°in„strt�r n:Ag:<5nas\cie �J'sa�iioR£S of SUPS:•�r gas's a=id Coli �. By z � Resolution 991489 REQUEST TO SPEAK FORM (T (3)MLNUTE LIMM Complete this form and place,it In the box rear the speakers' rostrum before addressing the Board. Name: ddress: City. I am speaking for myself or organization: (aae d org&nization) CHECK ONE: I vvrish to speak on Agenda Item# Date My cornments will be: general f6r against — - --- I,wish to spear on the subject of_ I do not wish to speak but leave these comments for the Board to Consider: REQUEST TO SPEAK FORMN� } (THREE (3)MATE ) Complete this form and place it in the box Heart the speakers' rostrum before addressing the Board. Name: Phone: Address: ' , ` , a City: I am speaking for myself�� or organization: � �F��,� �'�� c I (� , 0 �C,C, (name of organ n) CHECK '�gg7y�t g� O ` I wish to spm on Agenda Item i Date My comments will be: general f€�r '' against I wish to speak on the subject of I do not wish to speak but leave these conunents for the Board to Consider: