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Home My WebLink AboutRESOLUTIONS - 01012001 - 2001-30 SD.4 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODY OF CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT Adopted this Resolution on January 23, 2001 by the following vote: AYES: Supervisors Gioia, Gerber, DeSaulnier, Glover and Uilkema NOES: None ABSENT:None ABSTAIN:None RESOLUTION NO. 2001/30 SUBJECT: Establishment of Drainage Area 47 and Adoption of a Drainage Fee Ordinance, and Determination that the activity is exempt from the California Environmental Quality Act (CEQA), Martinez Area. Project#7505-6F8191, CDD-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: On December 5, 2000, the Board adopted a Resolution proposing to establish Drainage Area 47 and to adopt a drainage fee ordinance for the drainage area. On January 23, 2001, pursuant to the Board's Resolution of December 5, 2000, this Board held a hearing to consider the establishment of said drainage area and the adoption of a drainage fee ordinance. All written and oral objections presented concerning the proposed establishment of said drainage area and adoption of a drainage fee ordinance were considered. 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 the proposed drainage area. This Board also FINDS that no written petition for an election, signed by at least 25 percent of the registered voters within the proposed drainage area has been filed. 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. This Board has received no resolution or ordinance adopted by an affected city requesting the exclusion of territory from the proposed drainage area. The Board hereby DETERMINES that the proposed action of establishing Drainage Area 47 and adopting a drainage fee ordinance does not constitute a project, therefore the activity is not subject to the California Environmental Quality Act (CEQA) per Article 5, Section 15061 (b) (3) and as defined in Article 20, Section 15378 (b) (4) of the CEQA Guidelines. The Board hereby DIRECTS the Director of Community Development to file a Notice of Exemption with the County Clerk, and AUTHORIZES 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. PAGE: 2 DATE: January 23, 2001 SUBJECT: Establishment of Drainage Area 47 and Adoption of a Drainage Fee Ordinance, and Determination that the activity is exempt from the California Environmental Quality Act (CEQA) The Board hereby also FINDS that good cause exists for the establishment of aforesaid drainage area and ORDERS that Contra Costa County Flood Control and Water Conservation District Drainage Area 47 be ESTABLISHED, consisting of the real property described in the Exhibit"A" attached hereto, and shown on the map entitled, "Drainage Area 47 Boundary Map," dated October 2000, and on file with the Clerk of the Board of Supervisors, Administration Building,Martinez, California. 2001-04 The Board hereby ENACTS Ordinance No. establishing drainage fees in said drainage area. The Board FINDS,pursuant to Government Code Section 66001 (a) as follows: The purpose of the fees described in this resolution is to generate monies to help finance the construction of drainage improvements within the drainage area by the City of Martinez. As discussed in the Engineers Report on file with the Clerk of the Board, and in the"Report on Impervious surface Drainage Fee Ordinance," dated January 5, 1982, the types of development that are subject to the fees will generate additional impervious surfaces and drainage within the drainage area, thus creating a need to construct improvements. Use 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 hereby DIRECTS the Chief Engineer to file with the County Clerk a Notice of Determination for this project. 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: January 23, 2001 PHIL BATCHELOR,Clerk of the Board upe ors andty Administrator By H O Deputy G:\GrpData\F1dCtl\Administration\Board Orders\2000 BO\DA 47 formation BO.doc Orig Dept: Public Works(Flood Control) Contact: D.Eckerson(313-2271) c: County Administrator Community Development Building Inspection County Counsel County Assessor County Treasurer-Tax Collector County Auditor-Controller Public Works Department: Accounting Eng.Services Environmental FC Planning Eng. City of Martinez City of Pleasant Hill Building Industry Association Eastern Division 1280 Boulevard Way,#211 Walnut Creek,CA 94596 ORDINANCE NO. 2001- 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 1 PURPOSE: Future development in Drainage Area 47, as shown on the map entitled "Drainage Area 47 Boundary Map," dated October 2400,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 It 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 fgot 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 tot 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. 2001- 4 Page 1 of 4 SECTION V. BUILDING _ ERMITS. Except as permitted un,. 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 lid and IV, the subdivider shalt pay the drainage fee on the entire proposed subdivision or an 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 Vil. SECTION VII. FEE SCHEDULE Measure Building Permit subdivision ComtmerdaVindustriaMowntown otttce Acre $30,841.00 $33,128.00 Office Medium Acne $26.432.00 $29,533.00 Office(Li ht) Acre $22.i 19.D0 24,932.00 Multifamily residential(including Mobile Home Parks Less than 2,500 sq.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 5.080 to 5,989Unit $2,196.40 $2,196.00 6,000 to 6 999" unit $2,469.00 $2 469.00 7,000 to 7,998" Unit $2,732.00 $2,732.00 8,000+- Unit $2,866.00 $2,866,00 Single Family Residential: 4,000 to 4,999 sq.ft.of land per unit Unit $2,019.00 $3,230.00 5,000 to 6.999" Unit $2.105.00 $3,369.00 6,000 to$,999' Unit $2,196.00 $3,503.00 32000 to 7'S99" unit $2,2$7.00 $3,637.00 .89000 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' 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 sieutttsral: Under 10%of lot im ervivus Exern More than 10%of lot impervious Acre $29,405.00 ordozince No. 2001_04 Mage 2 of 4 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, tot 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 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 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 Vil 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 adopted drainage fee ordinance, the dollar amount of the fee paid for the development site in question shall be cred9ted against the fees payable under Section VII. ordinance No_ 2001-04 Page 3 of 4 SECTION X. REVIEW C FEES, Project cost estimates sh 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 Contra Costa Times, a newspaper published In this area. PASSED AND ADOPTED ON January 23, 2001 _by the Following vote: AYES: Supervisors Gioia, Gerber, DeSaulnier, Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None Chair of the Board G yle Uilke ATTEST: PHIL BATCHELOR Clerk of the Board of Supervisors and County Administrator &-'1'&- By: Ann Cervelli Deputy G-,1GrpDatalFklcvAdminisnoon\Board OrdersMM BONDA 47 Fee Ord.doc Ordinance No. 2001-04 Page 4 of 4