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HomeMy WebLinkAboutRESOLUTIONS - 01012000 - 2000-554 ti✓,GC THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Adopted this resolution on December 5, 2000 by the following vote: AYES SUPERVISORS GIOIA, UILKERA, DESAULNIER, AND GERBER NOES. NODE ABSENT. (SUPERVISOR V SEAT ABSENT) ABSTAIN: NONE RESOLUTION NO. 2000 554 SUBJECT: Notification of Hearing to Consider Establishment of Drainage Area 47 and the Adoption of a :Drainage Fee Ordinance, and Determine the Activity is Exempt from the California Environmental Quality Act(CEQA), Martinez Area, Project No. 7505-6F8191, CP#00-82 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; The Contra Costa County Flood Control and Water Conservation District Act,hereinafter referred to as"Act," provides authority for said Governing Body to establish drainage areas, institute drainage plans therefor, and adopt drainage fee ordinances. This Board has before it for consideration the proposed establishment of Drainage Area 47 consisting of that real property described in Exhibit "A", attached hereto and incorporated herein by reference. This Board also has before it the Engineer's Report, and Drainage Area Boundary Map entitled"Drainage Area 47 Boundary Map", dated October 2000, and the Determination of Exemption for the activity. said documents, which show the general location of said drainage area and provide an estimate of the anticipated costs 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 Board of Supervisors, Administration Building, Martinez, California. A proposed drainage fee ordinance providing for all or partial payment of the cost for the anticipated facilities described in said report, is attached hereto and marked Exhibit"B" It is proposed that Drainage Area 47 be established and the attached drainage fee ordinance be adopted. At 9:45 a.m. on January 23, 2001, in the Chambers of the Board of Supervisors, Administration Building, Martinez, California,this Board will conduct a public hearing on the proposed establishment of said drainage area, and the adoption of the attached drainage fee ordinance. At said hearing,this Board will consider and act upon the submitted Determination of Exemption and will hear and pass upon any and all written or oral objections to the establishment of Drainage Area 47 and the adoption of the proposed drainage fee ordinance. Upon conclusion of the hearing, the Board may abandon the proposed actions, or proceed with the same. The Clerk of this Board is DIRECTED to publish a Notice of Hearing,pursuant to Government Code 6066,once a week for two (2) successive weeks prior to the hearing in the Contra Costa Times, a newspaper of general circulation, circulated in the area proposed to be formed into said Drainage Area. 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. RESOLUTION NO. 2000/554 lrr� Pap: 2 Date: December 5, 2000 Subject: Notification of Hearing to Consider Establishment of Drainage Area 47 and the Adoption of a Drainage Fee Ordinance, and Determine the Activity is Exempt from the California Environmental Quality Act(CEQA),Martinez Area The exterior boundaries of the proposed drainage area include lands within the Cities of Martinez and Pleasant Hill. The Clerk of the Board is DIRECTED to forward to the governing body of said Cities a copy of this Resolution at least twenty(20)days before the above noted hearing. The Clerk of the Board is further DIRECTED to mail a copy of the Notice of Public Hearing to any interested party who has filed a written request for mailed notice with the Clerk of the Board or with the District,as provided by Government Code Section 54986 (a)and 54992(1). Said mailing shall be performed at least fourteen(14)days prior to the hearing. 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: December 5, 2000 PHIL BATCHELOR, Clerk of the Board o perviso and County Administrator BY ._,Deputy MKJlg G:\GrpData\FldCtl\Administration\Board Orders\2000 BO\DA 47 Hearing I-23-00.doc Orig.Dept.: Public Works(Flood Control) Contact Person: Dean Eckerson(313-2271) Attachments: Exhibit A—Boundary Description Exhibit B—Drainage Ordinance cc: County Administrator Community Development Building Inspection County Counsel County Assessor County Treasurer—Tax Collector Auditor/Controller PW-Accounting—F.Scudero T.Torres,Env. City of Martinez City of Pleasant Hill Ralph Garrow&Cardinale P.O.Box 367 Antioch,CA 94509 Building Industry Association Eastern Division 1280 Blvd.Way,#211 Walnut Creek,CA 94596 David Lennon Hoffman Company P.O.Box 907 Concord,CA 94522 Steve Millar Warmington Homes 3160 Crow Canyon Place,Ste 200 San Ramon,CA 94583 rn=NO. 2000/554 , fY Drainage Area 47 Boundary Description EXKIBIT A A portion of Rancho Las Juntas and a portion of Rancho Canada Del Hambre, Contra Costa County, California, lying entirely within the corporate area of the City of Martinez,lying entirely within Alhambra Creek Watershed Flood Control Zone 5, and described as follows: Beginning on the north right of way line of Alhambra Avenue at the southwest comer of PARCEL"B" filed March 18, 1966 in Parcel Map Book 1 at page 1; thence from the Point of Beginning, along the west line of PARCEL"B", north 06"43'17"west 147.61 feet,to the south line of Lot 22,Alhambra Valley Estates,recorded March 4, 1942 in Map Book 26 at page 871;thence along the boundary of Lot 22,north 83'25' east 70 feet and north 58*22' east 150 feet,to the southwest right of way line of Mackie Drive; thence along said right of way line,in a general northwesterly direction 285.61 feet,to the most northeastern line of Lot 24(26 M 871); thence along the boundary of Lot 24,north 30'39' west 75.69 feet and south 57*40' west 79.35 feet,to the most eastern comer of Subdivision 2875 recorded July 13, 1961 in Map Book 83 at page,,29;thence along the northeast line of Subdivision 2875 and its prolongation,north 29'41'36"west 1,322 feet,more or less,to the southeast line of Lot 24,Laurel Gardens Subdivision Unit No. 3 recorded August 9, 1950 in Map Book 41 at page 25; thence south 57*07' west 44.24 feet,more or less,to the south comer of said Lot 24 on the centerline of Alhambra Creek, shown as"ALHAMBA CREEK!'on said map(41M25);thence along the meander of Alhambra Creek along property lines as shown on said map (41M25),in a general northerly direction 1,,234.57 feet,to the north comer of Lot 8,Laurel Gardens Subdivision Unit No. 1 recorded August 19, 1948 in Map Book 35 at page 47; thence in a direct line northeasterly 63 feet,more or less, to the northeast right of way line of Pleasant Hill Road East at the south right of way line of Muir Station Road;thence along said south line in a general northeasterly direction 1,050 feet,more or less, to a point of cusp with a northwest line of Donald J. Maietto parcel recorded August 2, 1993 in Volume 18806 of Official Records at page 634;thence along said northwest line, south 33*44' West 50 feet,more or less, to the west comer thereof,being also the most northern comer of Donald J.Maietto parcel recorded January 22, 1996 by Recorders Series 96-010459;thence along the boundary of said Maietto parcel, in a general southwesterly direction 210.38 feet,to the most southern comer thereof, being also the most westem'comer of Alfred R. Pereira Jr. et ux parcel recorded May 26, 1969 in Volume 5882 of Official Records at page 465; thence along the boundary thereof, south 25'east 280.52 feet and north 83003' east 441.79 feet,to the most eastern comer thereof on the boundary of Alhambra Creek Watershed Flood Control Zone 5 recorded December 31, 1970 in Volume 6286 of Official Records at page 295; thence along the boundary of Flood Control Zone 5, in a general southeasterly and southwesterly direction 17,000 feet,more or less, to a point which bears southerly 400 feet from the most western comer of Mary Pembroke parcel recorded September 11, 1952 in Volume 1989 of Official Records at page 224; thence leaving the boundary of Flood Control Zone 5, perpendicular to said boundary,westerly 500 feet; thence in a direct line northwesterly 1,050 feet, more or less, to the northwest line of Vad Jelton parcel recorded April 30, 1563 in Volume 4355 at page 790, distant thereon north 44'20'40"east 1,600 feet from the most western comer; thence in a direct line northwesterly 900 feet,more or-less,to a northern line of Subdivision MS 127-79 filed July 3, 1980 in Parcel Map Book 87 at page 26,distant thereon north 72'15' east 625 feet from an angle point; thence north 70' west 350 feet; thence in a direct line northerly 830 feet,more or less, to the south comer of David M. Corazza et ux parcel recorded January 12, 1993 in Volume 18193 of Official Records at page 633; thence along the boundary of said Corazza parcel, in a general northerly direction 751.93 feet, to the most eastern comer thereof, thence in a direct line northerly 875 feet,more or less, to the south comer of Richard Vanderkous PARCEL ONE recorded June 12, 1991 in Volume 16661 of Official Records at page 778; thence along the boundary of said PARCEL ONE,north 20'30' west 304.26 feet and north 23030' west 387.42 feet,to the north comer thereof on the boundary of PARCEL "B", Subdivision MS 554-90 filed August 9, 1990 in Parcel Map Book 148 at page 7;thence along the boundary of PARCEL "B", south 79'2844"west 375.71 feet,to the most southwestern-corner,thence continuing along the boundary of PARCEL"B", in a general northerly direction 856.62 feet,to the south right of way line of Alhambra Avenue; thence in a direct line northeasterly 175 feet,more or less, to the Point of Beginning. LH-.jig \\PWS4\SHARDATA\GrpData\Clerical\EXHIBITS\2000\DA47 boundary.doc 9/21/00 EXHIBIT B ORDINANCE NO. 00- 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 47 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 I PURPOSE: Future development in Drainage Area 47, as shown on the map entitled "Drainage Area 47 Boundary Map," dated October 2000, on file with Contra Costa County Flood Control and Water Conservation District, will increase flooding frequency and severity for the downstream residents of the drainage area. The City of Martinez is currently investigating potential solutions to reduce or eliminate the flooding. The City has requested the formation of Drainage Area 47 and the adoption of a drainage fee to ensure future developments in the drainage area participate in the costs of the ultimate improvements to be implemented by the City of Martinez. 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 drainage facilities; 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 anticipated drainage facilities discussed in the Engineer's Report; and that the anticipated drainage facilities discussed are in addition to existing drainage facilities already serving the drainage area at the time of the adoption of this ordinance. 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 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. Ordinance No. Page 1 of 4 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 for the in Section VII. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be $664 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$0.75 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. Measure Building Kermit Subdivision Commercial/Industrial/Downtown office Acre $30,841.00 $33,128.00 Office Medium Acre $26,432.00 $29,533.00 Office(Light), Acre $22,119.00 $24,932.00 Multifamily residential (including Mobile Home Parks Less than 2,500 s . ft of land per unit Acre $24,300.00 $24,300.00 2,500 to 2,999" Unit $1,441.00 $1,441.00 3,000 to 3,999" Unit $1,650-00. $1,650.00 4,000 to 4,999" Unit $1,917.00 $1,917.00 5,000 to 5,999" Unit $2,196.00 $2,196.00 6,000 to 6,999" Unit $2,469.00 $2,469.00 7,000 to 7999" Unit $2,732.00 $2,732.00 8,000+" Unit $2,866.00 $2,866.00 -Single-,FamllZ Residential: 4,000 to 4,999 s . ft. of land per unit Unit $2,019.00 $3,230.00 5,000 to 5,999" Unit $2,105.00 $3,369.00 6,000 to 6,999" Unit $2,196.00 $3,503.00 7,000 to 7,999" Unit $2,287.00 $3,637.00 8,000 to 9,999" Unit $2,421.00 $3,830.00 10,000 to 13,999" Unit $2,694.00 $4,221.00 14,000 to 19,999,7_ Unit $3,144.00 $4,858.00 20,000 to 29,999" Unit $3,883,00 $5,828.00 30,000 to 39,999" Unit $4,821.00 $6,958.00 40,000+"" Unit $5,780.00 $8,019.00 A ricultural: Under 10%of lot im ervious Exempt More than 10%of lot impervious Acre $29,405.00 Ordinance No. page 2 of 4 ' f 2 Can 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 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 doing 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 Vll 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. Ordinance No. 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 GATE. 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 Contra Costa Times, a newspaper published in this area. PASSED AND ADOPTED ON , by the following vote: AYES: NOES: ABSENT: Chair of the Board ATTEST: PHIL BATCHELOR Clerk of the Board of Supervisors and County Administrator By: Deputy G:aGrpDatatFldctllAdministradon\Board Orders\2000 BO\DA 47 Fee Ord.doc Ordinance No. Page 4 of 4