The URL can be used to link to this page

Home My WebLink AboutMINUTES - 10222002 - SD4 THE BOARD OF SUPERVISORS OF CONTRA COSTXCOUNTY, 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: sUTEWISORS LMIMA, MM, DesAt =, GWM ASID GIOIA NOES: NW ABSENT: NM ABSTAIN: IRESOLUTION NO. 2002/665 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. Can 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:\GrpData\F#dCti\Administration\Board Orders\2002 BO\BO 9-17 DA48B Reso(10-22).doc Orig.Dept.: Kevin Works(Flood Control) 1 hereby certify that this is a true and correct co of an Contact Person: Kevin Emigh(313-2233} Y Y copy 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: OCTOBER 22, 2002 County Treasurer-Tax Collector JOHN SWEETEN, Clerk of the Board of Supervisors County Auditor/Controller and Cou# t Administrator Public Works- Flood Control , Y Engineering Services Design-Environmental Accounting By i Deputy RESOLUTION NO. 2002 ,65 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. 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 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 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 Pian. The fees will be used to finance the drainage facilities listed in the adopted drainage plan and described in the engineer's report. On September 10, 2002,the Board of Supervisors approved CEQA for drainage area fee ordinance updates for Drainage Areas 48B, 55 and 56 and subsequently posted 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. 2002-28. This Board hereby also REPEALS the existing Drainage Fee Ordinance No. 89-84. RESOLUTION NO. 2002t65 ORDINANCE NO. 2002-28 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: SECTION 1 Ordinance No. 89-84 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 488. SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 488, Boundary Map and Amended Drainage Plan," dated September, 1989, 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 48B pursuant to Sections 12.2 and 12.3 of the Contra Costa County Flood Control and Water Conservation District Act (Chapter 83 of West's Appendix of the Water Cade). 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 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. 2002-28 Page 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 be $310 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 $0.35 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. SECTION VII. FEE SCHEDULE Unit Measure Building Subdivision Permit Commercial/11 n dustrial/Dow ntown acre $14,390 $15460 Offices Offices(Medium) acre $12,335 $13,785 Offices(Light) f acre $10,320 11,635 Multiple Residential(includ ing Mobile Home Parks) Ordinance No. 2002-28 Page 2 of 5 Less than 2,500 sq. ft. of land per unit acre $11,840 $11,340 2,500 - 2,999 it It unit $6701 $870 3,000 - 3999 it " unit $770 $770 4,000 - 4999 `" i unit $895 $895 5,000 - 5999 unit $1025 $1025 f 6,000 - 6,999 unit $1150 $1150 7,000 - 7999 " " unit $1275 $1275 8,000 + unit $1335 $1335 Single Family Residential 4,000 - 4,999 sq. ft, of land per unit unit $940 $1510 5,000 - 5,999 " ' unit ; $985 $1570 6,000 - 6999 " " unit $10251 $1635 7,000 - 7,999 " unit $1070 $1700 8,000 - 9,999 ` f unit $1130 $1790 10,000 - 13,999 " " unit $1255 $1970 14,000 - 19,999 unit $1465 $2270 20,000 - 29,999 '° " unit i $1815 $2720 30,000 - 39,999 " unit $2250f $3250 40,000 + P9 unit $2700 $3740 Agricultural Under 10% of lot impervious Exempt More than 10% of lot impervious $13,715/ac developed portion 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. 2002-28 Page 3 of 5 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 Vill. 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 X 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 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 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 drqiUapp_ fpp-s shmain ia sontinmMil of-fbi-q Qrdinanr-p- - -_- I SECTION XI 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 I to account for inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not require further notice or public hearing. SECTION X11 EFFECTIVE DATE. This ordinance becomes effective 60 days after Ordinance No. 2002-28 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 Contra Costa Times, a newspaper published in this area. MASSED AND ADOPTED ON October 22,2002, by the following vote: AYES: KIMMORS Lam, MM, Des&T , MMM AM GIOIA NOES: NWE t ASSENT: N. r : t ChaiKf the Board 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: OCTQBM 22, 2002 JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator By, . < , '_ :-. Deputy G:\GrpData\F3dCtMdministration\Board Orders\2002 SC\JA48B Ord(10-22).doc Ordinance No. 2002-28 Pane 5 of 5