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HomeMy WebLinkAboutMINUTES - 10222002 - SD3 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 October 22, 2002 by the following vote: AYES: RMWISORS M , CM81dEt., DeSAMNI t, aOM AM G101A NOES. » ABSENT: Nm-E ABSTAIN: NM RESOLUTION NO. 2002/664 SUBJECT: Repeal of Drainage Fee Ordinance No. 83/23 and the Adoption of a new Drainage Fee Ordinance No. for Drainage Area 29J Antioch area. Project No.: 7570-6D8209-02, CDD- CP 98-81. 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. 83/23 and the adoption of new drainage fee ordinance to increase drainage fee in Drainage Area 29J. 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 No. 83/23, and adoption of 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 any of the drainage area involved. 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 29J has been filed. sC:cid G:\GrpData\FldCt\Administratlon\Board Crders\2002 BO\80 9-17-02 DA29J Peso(10-22).doc Public Works(Flood Control) Contact Person: Kevin Emigh (313-2233) l hereby certify that this is a true and correct copy cc: Countv Administrator of an action taken and entered on the minutes of Community Development the Board of Supervisors on the date shown. Building inspection County Counsel County Assessor ATTESTED: County Treasurer-Tax Collector 0=0= 22.� County Auditor/Controller JOHN SWEETEN, Clerk of the Board of Public Works- Flood Control Supervisors and County Administrator Engineering Services % Design-Environmental f , Accounting B yd ;b � - beputy RESOLUTION NO. 2002/664 Subject: Adopt and Approve Repeal of Drainage Fee Ordinance No. 80/23 Date: October 22, 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 gearing 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 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 Drainage Area 29J. 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 5, 1932, the types of development that are subject to the fees will generate additional impervious surface 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. Lyse 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. This Board further FINDS that the activity, ADOPTING and APPROVING the repeal of Drainage Fee Ordinance No. 33/23 and adopting the new drainage fee ordinances for Drainage Area 29J 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 new drainage fee ordinances for Contra Costa County Flood Control and Water Conservation District Drainage Areas 29J and this Board hereby ENACTS Ordinance No.2002-29. This Board hereby also REPEALS the existing Drainage Fee Ordinance No. 83/23. RESOLUTION NO. 2002/664 ORDINANCE NO. 2002/29 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 29J 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. 63/23 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 29J. SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 29J, Boundary Map and Amended Drainage Plan," dated November, 1932, on file with the Clerk of the Board of Supervisors, is adopted as the drainage pian for the Contra Costa County Flood Control and Water Conservation District Drainage Area 29J 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 If 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 are 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 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 Ordinance No. --- 2092-29 Wage I of 4 lot or property for which drainage fees have been fully paid previously. SECTION IVY 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 Ill 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 V11. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be $352 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$0.40 per square foot, but not to exceed the amount required under Section VII. SECTION VI SUBDIVISIONS. Except as permitted under Sections ll1 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 Measure Building Permit Subdivision Commercial/industrial/Downtown office Acre• $16,448.00 $17,668.00 Office Medium Acre $14,096.00 $15,752.00 Office Light Acre $11,796.00 $13,2.96,00 Multifamilx,residential(including,Mobile Home Parks) Less than 2,500 s . ft of land er unit Acre $12,960.00 $12,960.O0 2,500 to 2,999" Unit $768.00 $768.00 3,000 to 3,999" Unit $880.00 $880.00 4,000 to 4,999" Unit $1,024.00 $1,024.00 5,000 to 5,999" Unit $1,172.00 $1,172.010 6,000 to 6,999" Unit $1,316.00 $1,316.00 7,000 to 7,999" Unit $1,456.00 $1,456.00 8,000 +" Unit $1,528.00 $1,528.00 Sin le rami! tesidentia#. 4,000 to 4,999 s . ft. of land.per unit Unit $1,076.00 $1,724.00 5,009 to 5,999" Unit $1,124.00 $1,796.00 6,000 to 6,999" Unit $1,172.00 $1,868.00 7,000 to 7,999" Unit $1,220.00 $1,940.00 8,000 to 9,999" Unit $1,292.00 $2,044.00 10,000 to 13,999" Unit $1,436.00 1 $2,252.00 14,000 to 19,999" Unit $1,676.00 1 $2,592.00 20,000 to 29,999" Unit $2,072.00 1 $3,108.00 Ordinance No. 2002-29 Page 2 of 4 Measure Buiidlp Permit Subdivision 30,000 to 39,999 " Unit $2,572.00 $3,712.00 40,000+"° Unit $3,084.00 $4,276.00 A ricuitural: Under 10% of lot im ervious Exempt More than 10% of lot impervious Acre $15,680.001acre of develo ed onion On single family lots, barns and sheds in excess of 400 square feet and tennis and sports courts shall not be considered as incidental residential facilities included in the above fee schedule. The drainage fee for the portion of these facilities in excess of 400 square feet shall be calculated using the square foot fee in Section V, and it shall be in addition to the above fee amounts. For the purpose of this ordinance, subject to Section Vl, lot size shall be (1) for existing lots, that land shown on the latest equalized assessment roll as a lot; or (2)for new subdivision bats, 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 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 used to reduce the principal or interest of any 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 V11 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 V11 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 V11. Ordinance No. 2002-•29 Page 3 of 4 SECTION X. REVIEW OF FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on January 1 to account for inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not require further notice or public hearing. SECTION XI. EFFECTIVE DATE. This ordinance becomes effective 60 days after passage, and within 15 days of passage shall be published once with the name of supervisors voting for and against it in the Antioch Daily Ledger, a newspaper published in this area. PASSED AND ADOPTED ON October 22, 2002, by the following voter AYES: SUIPMVISORS UMMA, GUZBM, DeSAMM, GIDM AM GZOIA NOES: NM ASSENT: NONE { f Cham of t`e Soar I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED. OCTOBER 22, 2002 JOIE SWEETENI,Clerk of the Board of Supervisors and County P.dministrator r. By, Deputy G:\Grp,Data\F#dCtNAdrninistration\Board Orders\2002 BO\BO 9-37-02 DA29J Ord(10-22).doc Ordinance No. 2002-29 Page 4 of