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HomeMy WebLinkAboutRESOLUTIONS - 01011992 - 1992-370 t THE BOARD OF SUPERVISORS t3F coNI'i~tA COSTA COUNTY,CALIFORNIA AS TIM GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DIS"TIi1CT Adopted this Resolution on June 2, 19920 by the following vote AXES: Supervisors Powers, Fanden, Schroder, Torlakson and McPeak NOES: None ABSENT: None ABSTAIN- NDne RESOLUTION NO. 921 370 ("West's 'W'ate Code App. Ch. 63,Sec. 12.2 and 123) SUBJECD Notification of Hearing to Consider the Repeal of Drainage Fee Ordinance No.83-2.2 and Adoption of a new Mage Fee Ordinance for Drainage Area `29K;Oakley Area. Project No. 7569.6DS216. The Beard of Supervisors of ContraMosta County, as the Governing Body of the Contra Costa County Flood Control and Nater Conservation District, RESOLVES THAT: The Centra Costa County Flood Control and Water Conservation District Act, hereinafter referred to as Act, provides authority for the fling of supplementary, amendatory and additional engineer's reports and for the adaption of drainage fee ordinances. This Board has before it for consideration the adoption of the proposed new drainage fee ordinance for Draunage ,A►rea 29H, which is attached hereto and marked Exhibit 'W' providing for payment of the increased cost of the facilities described in said drainage plan. This Board also has before it the engineer's report, ,entitled "Engineer's Report for the Repeat of Ordihance S3-22 and the Adoption of a New Drainage Fee Ordinance for the Contra Costa,.County Floud Control and Nater Conservation District Drainage Area 29H." Said documents which provide an updated'estimate of the cost of the facilities to be borne by property in the drainage area,are on file with, and may be examined at, the office of the Clerk of the Bbiicd of Supervisors, Administration Building,'Martinez, California. It is proposed that the existing,drainage fee Ordinance No. 83-22 be repealed and that the attached drainage fee or nze be adopted. At 11:00a.rn.'on July 14, 1997,in the Chambers of the Board of Supervisors,Administration Binding, Martinez, California,' this Board will conduct a public hearing on the proposed repeal of the a itisting drainage fee ordinance and adoption of the new drainage fee ordinance. At said hearg this Board will consider and will hear and pass upon any and all written or ural objections to the proposed action. Upon conclusion of the hearing, the Board may abandon the proposed repeal of the existing drainage fee ordinance and adoption of'a new drainage fee ordinance or proceed'with the same. The Clerk of ft Board'is DIRECTED to publish a Notice of the Hearing, pursuant to Clove invent Code'Section 6066, ante a week for two 2) successive weeks prior to the hearing in the Antioch Dai Ledger, a newspaper of general circulation, circulated in Drainage Arca 29H. 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 Clerk of the Board is further DUCTED to nail a copy of the Notice of Public Hearing to any interested party who has tiled a written request for mailed notice with the Clerk of the Board or with the District,as provided by 0overriment Code Sections 54986(a) and 66016(a) Said mailing shall be performed at least fourteen ( 4) days prior to the hearing: button 92I 170 Notification of Hearing for Repeal of Drainage Fee Ordinance NO. 83-22 Adoption of Drainage Fee Ordinance for'ibrainage Area 29H June 1992 Page Two ►nareby cextity that tnts w a tri€'and correct copy Y an awn:taim ow omwady�ytj��'1'�tj��s�e tni> r�';th� date-AFF; 4 PHt6 SAtCF#%obi cwt of.Me afwd of i3ttWAWN and Cout*AdtertniatrsW PROM C:BOIAOAE-$ i6 Originator 12�6111c worlm Depament('FCR) Cm C8Unt1t!Adn istrator ort a ttJ�# C opment iui2disf �pctio olmt�'COut1.Se Co""A!46a coullty'f'rea �- Ti Collector Coi*Auditor -Controller Chief Ev&eer Hood Control Eng%ering ACcotllttill { Engineering Services. 'I� 13�2�iI C(�iP 1.4. BOX 947 toncord CA 94522 SIUI�A?;f DWS' Y ASMCLUION P. a Box 51fia San Pmm 'C& 94583 Der�e 4,► !?fist 1600 Spulth MednSt,,; #150'- waimit Creek Ck 94596 z EMMIT "A" ORDINANCE NO. 9Z1 AN ORDINANCE PMEAIJNG ORDINANCE NO.83-22 OF THE CONTRA C "TA C�€3IIN'II Y FLOOD CONTROL AND WATEI C O.NSERVATION DLS"["R C:' 'ANDENACTING A D, OE FEE ORDINANCE FOR THE CONTRA C=A COUNTY FLOOD CONTROL TROL AND WATER CONSERVATION MMC]r, DRAINAGE AREA 29H The Board of Supervisors of Contra Costa County as theoverni g Body of the Contra Costa County Flood Control and Water Conservation District does ordain as follows: SECTION 1. Ordinance No. &3.22 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 2914• SECTION I. DRAINAGE L N. The drainage plan and map entitled "Drainage Area 29H, Boundary Map and Amended Drainage Plan", dated October, 1987, 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 IConservation District Drainage Area 29H 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). SECTION II. ' FINDINGS. This Lard finds and determines that said drainage area has inadequate drainagefacilities; that future subdivision and development of property within said drainage area will have a significant adverse impact on e)dsting and Future developments; that development of property within the drainage area,with its resultant increase in impervious surfaces, will requirethe 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; and that the drainage facilities planned'are in audition t ► eidst ng 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 ether 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 1€0 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 o) Any lot or property for which drainage fees have been fully paid previously. ....................................................................................................................... ..................................................................................................................... ................... ............. ...... ..................... ...... ......... ..................... Exhibit A ordinance Repealing Ordinance No 83-22 Page'Two than in size, the property owner SECTION IV. FEE DEFERMENT. On lots greater can defer the payment of the fee On the Portion of the lot in excess of two acres that is not a required The deferment of fee is conditional on the property part of the pending dmlOpment- as collateral,the development rights to the Board of Supervisors for said area of owners granting, deferred fee until such time as the fee is paid. as permitted under Section III and IV, the Contra SECTION V. BUILDING PERMITS. Except city official having jurisdiction shall not issue any building permit for Costa County or the until the required drainage fee has been paid For initial construction within the drainage am construction the fee shall be as wt forth,in, Section VI. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be $383 per pool. For other construction, modifications or replacements to an existing facility that cause an increase in_ the amount of net limited to driveways,walks, patios etc impervious surface, including but not increase in impervious surface shall be subject to a fee of$0.45 per square foot,but not to exceed the amount required under Section VIL, SECTION VL SUBDIVIS IONS. Except as permitted under Sections E[[ and IV, the subdivider on the entire proposed subdivision or on each individual unit for which a final or pa shall pay the drainage fee recordation of said map. Town house, condominium and rcel map is filed prior to re n tha4,000 square feet shall be treated cluster housing type subdivisions creating individual lots less feet of land per unit"shall as multifamily residential and the lot size used in determining the"square f be the lotsize 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 VIL SECTION VII. FEE SCHEDULE. development I= u ding Permit Subdivision CommerciaUdustrial/Downtown Office $18,505 /acre -$19,875 /acre office (Medium) $15,860/acre $17,720/acre 40ffice (1.1&t) $13,270 /acre -$14,960 /acre Multifamily Residential (bcludes Mobile Home Parks) Less than 2,500 sq. ft. of land per unit $14580 /Acre $14,580 /acre $965 /unit d per unit $865 /unit 2500 to 2999 sq, ft. of Ian 3000 to 3999 sq. ft. of land per unit $990 /unit $990 /unit $1,150/unit $1,150/unit d per unit 4000 to 4999 sq. ft. of Ian unit $1,320/unit $1,320 /unit ft. of land per 5W to 5999 sq $1$48 $1,480 /unit 0 /unit fL of land per unit 6000 to 6999 sq. $1,640 /unit $1,640,/unit to 7999 sq. ft. of land per unit 8000+ sq. ft. of land per unit $1,720/unit $1,720 /unit ORDINANCE NO.92/_ ................................ ......................... ExhibitA Ordinance Repealing'Ordinance No.83-22 Page Three level©omen-Tune $uilding-Permi Subdivision Saute Facey egidential 4Eltlt#to 4999 sq. ft. of land per unit $1,210/unit $1,940 lumt 5400to 5999 sq. & of land per unit $1,265 /unit $2,-124 Amit itl to 6M sq. of land per unit $1,320/unit $2,1IX1/unit 7000 to 7999 sq.ft. of land per unit $1,375 /unit $2,185'/unit M to 9999 sq. ft. of land per unit $1,455 /unit /unit illi to 13199 sq. � of land per unit $1,615 /unit $2,535 /unit 140OG to 1999 sq. ft of land per unit $1,$85 lint $2,915 /unit 2x/00-/ to 2995►9 sq. f t. cif land per unit $2,330 /unit $3,495 Amit 30000 to 39000 s% ft. of land per unit $2,895 /unit $4,175 /unit 40WO+ sq. ft. of land per unit $3,470/unit $4,810'/unit Agricultural Under 10% of lot impervious EXEMPT More than 10% of lot impervious $17,640 /acre of 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. 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 lets 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 PATENT. The official having jurisdiction may accept cash or'check, or, when;,authorized by the Districts Chief Engineer, either 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 ORDINANCE NO.'92/ Exhibit A Ordinance Repealing Ordinance No.83-22 Page Four 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 adapted 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. E IMVE DATE.Miis ordinance becomes effective 60 days after passage, and within 1 days.of passage shall be published once with the names of supervisors voting for and againstit in the "Antioch Daily Ledger,"a newspaper published in this area. PASSED AND ADOPTED ON by the following vote. AWES: NOES: ABSENT: Chair,of the Board ATTEST.- PHIL BATCHELOR,OR, Clerk of the Board of Supervisors and County Administrator By Deputy ranks Csotonuxa ORDINANCE NO.921 " R ,WO --' tt` '-'s�`'=,':'' '.aa:�NHA z-+Rtl;;:.9h" .aS?' ,.n.: aw..x. �.�,`.v...hk. Lt:`W£ ':x't,' - ..r.. r^--� a•..:s ,n. -xS.E'.r.`siN. ^iNS' .,.:�."`� tT=a4l,