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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-475 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 August 6,2002, by the following vote: AYES: SUPERVISORS GERBER, UILKEMA, GLOVER, DESAULNIER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 20021475 (West's Water Code App. Ch. 63, Sec. 12.2 and 12.3) SUBJECT: Notification of Hearing to Consider Repeal of Drainage Fee Ordinance No. 8824 and Adoption of a new Drainage Fee Ordinance for Drainage Area 55, Antioch area. Project No. 7579-6D8216-01. 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 the filing of supplementary, amendatory and additional engineer's reports and for the adoption of drainage fee ordinances. This Board has before it for consideration of adoption for Drainage Area 55 proposed new drainage fee ordinance providing for payment of the increased cost of the facilities described in said drainage plan and the Engineer's Report. Originator- I hereby certify true and correct copy of an Public Works Department(FCE) action taken and entered on the minutes of Contact Person:Dean Eckerson(313-2271) cc: County Administrator Dave Lennon the Board of Supervisors on the date shown. Community Development Hoffmann Company Building Inspection P.o.Box Sol ATTESTED: AUGUST Ob,2002 County Counsel 1350 Galaxy Way CounlyAssessor Concord,Ca 94522 County Treasurer-Tax Collector JOHN SWEETEN,Clerk of the Board of County Auditor—Controller Mart Seeno Company Chief Engineer P.o.Box 4113 Supervisors and County Administrator Accounting Concord,CA 94524-4113 Design—Environmental ✓. Engineering Services Dennis J.Razzari By Building Industry Association Davidon Homesy Dep P.O.Box 5160 1600 South Main Suite#150 San Ramon,CA 94553 walnut Creek,CA 94596 RESOLUTION NO. 2002/ 475 SUBJECT; Notification of Hearing for Repeal of Drainage Fee Ordinance No. 88-24 Adoption of Drainage Fee ordinance for Drainage Area 55 DATE: August 6,2002 PAGE: 2 This Board also has before it the engineer's report, entitled "Updating Drainage Fee Ordinance for Drainage Area 55"which contains an updated estimate of the cost of the facilities to be borne by property owners in the drainage area and the environmental documents prepared for the proposed actions. Said documents are on file with, and may be examined at,the office of the Clerk of the Board of Supervisors,Administration Building, Martinez, California. It is proposed that the existing drainage fee Ordinance No. 88-24 be repealed and that the proposed drainage fee ordinance be adopted. At 9:30 a.m. on September 10, 2002, in the Chambers of the Board of Supervisors, Administration Building, Martinez, California,this Board will conduct a public hearing on the proposed repeal of the existing drainage fee ordinance and adoption of the new drainage fee ordinance.At said hearing this Board will consider and will hear and pass upon any and all written or oral objections to the proposed action. Upon conclusion of the hearing, the Board may abandon the proposed plan amendment, repeal of the existing drainage fee ordinance and adoption of a new drainage fee ordinance or proceed with the same. The Clerk of this Board is DIRECTED to publish a Notice of the Hearing, pursuant to Government Code Section 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 Drainage Area 56. 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 exterior boundaries of said Drainage Area include lands within the City of Antioch. The Clerk of this Board is DIRECTED to forward to the governing body of said city 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 Sections 54986(a) and 66016(a). Said mailing shall be performed at least fourteen (14)days prior to the hearing. G;IGrpData\FldCtl\Administration\Board orders12002 BO\RESO 8-6-02 DA55.doc RESOLUTION NO. 2042/475 ENGINEERS REPORT FOR AN UPDATE OF THE DRAINAGE FEE ORDINANCE FOR THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISRTICT DRAINAGE AREA 55 Prepared by Sam Choi Contra Costa County Flood Control And Water Conservation District 255 Glacier Drive Martinez, CA 94553 July 8, 2002 This report supplements the existing engineers report for the update of the drainage fee ordinance of Drainage Area,55 dated March 1988. I. RECOMMENDATION It is recommended that: A. The existing Drainage Fee Ordinance No. 88-24 for Drainage Area 55 be repealed. E. A new Drainage Fee Ordinance for Drainage Area 55 be adopted. II. DRAINAGE AREA LOCATION AND DESCRIPTION: Drainage Area 55 is located in the western portion of the City of Antioch. The area's approximate boundaries are Somersville Road to the west;Nortonville Pass and Sand Creek to the south; Lone Tree Way, G Street, and L Street to the east; and San Joaquin River to the north. A specific location is shown on Contra Costa County Flood Control and Water Conservation District Drawing D-12606. The drainage area contains approximately 8,000 acres. The northerly portion of the area is a relatively flat alluvial plain with typical bay tidelands adjacent to the San Joaquin River. Development in this portion has been mainly industrial and commercial. The southerly portion of the watershed is mainly residential and agricultural in nature, with some commercial and industrial development. 3. REASONS FOR CHANGE IN DRAINAGE FEE The current drainage fee ordinance No. 88-24 which has a drainage fee of$0.34 per square foot of impervious surface, was adopted in 1988. This fee was based on 1988 base prices and inflated to 1990 price assuming that major construction would take place in 1990. Since that time construction costs and land value in the area have risen considerably. The revenue to be generated by the current drainage fee of$0.34 per square feet of impervious surface area is not sufficient to complete the proposed drainage facilities in the Drainage Plan of DA 55. The new fee ordinance proposed for Drainage Area 55 is based on the current construction and land costs, and should be sufficient to complete the planned improvements. 4. COST ESTIMATE A detailed cost estimate of drainage facilities to be constructed is attached as Appendix-A. The total cost is broken down as follows. Construction cast $ 4,527,000 Dight of Way cost $ 354,000 Admin. and Engineering cost $ 827,000 Cost for ordinance process $ 211,000 Contingencies $ 453,000 Zone Plan Engineering $ 30,000 Cost Reimburse to collecting agencies $ 32,000 Invested fund and cash on hand $ 992,100(-) TOTAL PROJECT COST(2001 price) $ 5,442,000 5. CALCULATION OF THE PROPOSED DRAINAGE FEE Total project cost of the proposed flood control improvements($5,442,000) divided by the total amount of impervious surface(8,483,721 sf) that can be created by new development results in a fee of$0.64 per square feet of impervious surface. This amount is higher than the proposed drainage fee of DA 56 which is $0.58 per square feet of impervious surface. It would be unfair to the new developments in DA 55. A fee of$0.58 per square feet of impervious surface is recommended for adoption. This fee is equal to the fee currently being proposed for DA 56 which borders with DA 55 on its easterly side. The shortfall in funds will prevent completion of the total drainage system unless other financing mechanisms are developed. 6. FUTURE UPDATING OF PROPOSED FEE The standard impervious surface drainage fee ordinance has been modified to include a paragraph that authorizes annual fee updates using the Engineering News Record Construction Cost Index(CCI). The update will occur annually on the January 1. The new paragraph is in"Section X, Review of Fees"in the fee ordinance. 7. CALIFORNIA ENVIRONMENTAL QUALITY ACT Because the update of the existing drainage fee ordinance for Drainage Area 55 is considered an administrative action, it does not fall under the regulation of the California Environmental Quality Act pursuant to Section 15061(b)(3) of the Act's guidelines. APPENDIX-A COST ESTIMATE Description Quant units Unit Price Amount,$ Marsh to 8th St. RR Bridge-add two spans 1 LS $120,000.00 120,000 Flood Walls 6560 sf $9.15 60,000 4-barrel,14'x7'RCB @ Ford Dealer,670 feet Ion Concrete 3,563 c $200.00 713,000 Re-Bar 887087 lb $0.35 310,000 Earth channel @ fai round Excavation 28918 cy 8 231,000 Embankment 8,125 cy 10 81,000 Floodwali 19501 If 100 195,000 From Rail Road C Fairground to L Street Reach-1 1 LS 34,000 34,000 Reach-2 1 LS 434,200 434,000 Reach-3 1 LS 320,000 1 320,000 From L Street to Fltzuren Road,113 Is already constructed.Below are 2/3 of ultimate Reach-4 1 LS 295,780 296,.000 Reach-5 1 LS 445,742 446,000 Reach-6 1 LS 567,142 567,000 Reach-7 1 LS 372,590 373,000 Reach-8 1 LS 174,983 175,000 Reach-9 _11 LS 1 172,206 1 172,000 1 TOTAL CONSTRUCTION $4,527,000 R/W for Ford Dealer property 11 LS 1 31,500 1 $32,000 RNV for Fairground 1 I LS 1 322,200 1 $322,000 2 TOTAL R/W $354,000 A. TOTAL 1+2 -Construction and RNV $4,881,000 Administration &Engineering A. Misc.development cost,6.3%of item#1 above 285,201 B.Agency inspection fee,4.2%of item#1 above. 190,134 C. E/A cost on public construction,6.6%of item#1 above 298,782 D. RNV acquisition, labor and legal cost, 15%of item#2 above. 53,100 3 ADMINISTRATION & ENGINEERING TOTAL $827,000 B. TOTAL( A+3) - Const., RM, A&E $5,708,000 A. Ordinance Administration, 1 %of item#B above. 57,080 B. District cost for coordination,2%of item#B above. 114,160 C. District cost for zone plan change,0.7%of item#B above. 39,956 4 COST FOR ORDINANCE PROCESS 211,000 5 ZONE PLAN ENGINEERING, $30,000 30,000 6 CONTINGENCIES (10% of item #1) $453,000 C. TOTAL(B+4+5+6) $6,402,000 7 Cost Reimburse to collecting agencies(0.5% of Item#C 32,000 8 Cash On hand and lonlia term investment 4692,100 D. TOTAL (C+7+8) Fund required $5,442,000 to build the remaining facilities ORDINANCE NO. 2602- 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 55 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. 88-24 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 55. SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 55, Boundary Map and Amended Drainage Plan," dated January, 1988, 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 55 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 II 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 destroyedor 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 Ordinance No. Page 1 of 4 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 officials 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 $510 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 $0.58 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 Permit Subdivision CommerciallindustrlauDowntown Offices acre $23,850 $25,620 Offices(Medium) acre $20,440 $22,840 Office (Light) acre $17,105 $19,280 Multiple Residential(Including Mobile Home Parks) Less than 2,500 sq. ft. of land per unit acre $18,790 $18,790 2,500-2,999 If ifunit $1,115 $1,115 3,000-3999 of It unit $1,275 $1,275 4,000-4999 itunit $1,485 $1,485 5,000-5999 " unit $1,700 $1,700 6,000-6,999 ftunit $1,910 $1,910 7,000-7999 '" unit $2,110 $2,110 Ordinance No. Page 2 of 4 18,000 + unit $2,215 $2,215 Single Family Residential 4,000-4,999 sq. ft. of land per unit unit $1,560 $2,500 5,000-5,999 unit $1,630 $2,605 6,000-6999 If itunit $1,700 $2,710 7,000-7,999 Itunit $1,770 $2,815 8,000-9,999 unit $1,875 $2,965 10,000- 13,999 unit $2,080 $3,265 14,000- 19,999 unit $2,430 $3,760 20,000-29,999 unit $3,005 $4,505 30,000-39,999 unit $3,730 $5,380 40,000 + unit $4,470 $6,200 Andcultural Under 10% of lot impervious Exempt More than 10% of lot impervious $22,740/acre 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 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 to reduce the principal or interest of any indebtedness of the drainage area. Ordinance No. mage 3 of 4 SECTION IX. 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 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 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 credited against the fees payable under Section VII. 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 Contra Costa Times, a newspaper published in this area. PASSED AND ADOPTED ON September 10, 2002, by the following vote: AYES: NOES: ABSENT: --------------------------------- Chair of the Board ATTEST: Jahn Sweeten Clerk of the Board of Supervisors and County Administrator By: -------------------------------------------------- Deputy Ordinance No. Page 4 of 4 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 Order on September 10, 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN RESOLUTION NO. 2002/ s SUBJECT: Repeal of Drainage Fee Ordinance No. 88-24, and the Adoption of a new Drainage Fee Ordinance for Drainage Area 55, Antioch area. Project No.: 7579- 6D8216-01. CDD-CP# 04-91 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 August 6, 2002, this Board set a public hearing to consider the repeal of the existing Drainage Fee Ordinance No. 88-24 and the adoption of a new drainage fee ordinance to increase drainage fees in Drainage Area 55. On September 10,2002, pursuant to the Board's Resolution of August 6,2002,this Board held a meeting to consider the repeal of Drainage Fee Ordinance 88-24 and adoption of a new drainage plan and 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 55. 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 55, has been filed. I hereby certify that this is a true and Orig.Dept: Public Works(Flood Control) correct copy of an action taken and Contact Person: Dean Eckerson(3132271) entered on the minutes of the Board of cc: County Administrator Supervisors on the date shown. Community Development-K.Piona Building Inspection County Counsel ATTESTED: County Assessor County Treasurer-Tax Collector County Auditor/Controller JOHN SWEETEN, Clerk of the Board of Public works- Flood control Supervisors and County Administrator Engineering Services Design Accounting Environmental-T.Torres By G:tGrpData\Fldcwmministratbn\Board Orders12002 B01BO 8-6-02 DA55.doc , Deputy RESOLUTION NO. 2002/ Subject: Repeal of Drainage Fee Ordinance No. 88-24, and the Adoption of a new Drainage'Fee Ordinance for Drainage Area 55. DATE: September 10, 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 August 6, 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 55 Improvement Plan. The fees will be used to finance the drainage facilities listed in the drainage plan and described in the engineer's report. This Board further FINDS that the activity,ADOPTING and APPROVING the repeal of Drainage Fee Ordinance No. 88-24, and adopting the new drainage fee ordinance for Drainage Area 55 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 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 55 and this Board hereby ENACTS Ordinance No. 20021 This Board hereby also REPEALS the existing Drainage Fee Ordinance No. 88-24. RESOLUTION NO. 20021 DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FdLE NOs.: 7547-6D8223, 7579-6D8216, & 7566-6D8222 CP NO.: 0091 ACTIVITY NAME: Drainage Area Fee Ordinance Updates for DA 4813, DA 55, and DA 56 DATE: December 1, 2000 PREPARED BY: Trina Torres This activity is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b) (3) of the CEQA Guidelines. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. DESCRIPTION OF THEACTIVITY: The purpose of the activity is to increase the current drainage fees for Drainage Areas 48B, 55, and 56, to provide proper financing to the proposed drainage facilities as per each Drainage Area Plan in order to cover the increased costs of construction. This activity will need General Plan Conformance from the Cities of Antioch and Pittsburg. LOCATION: Drainage Areas 48 B, 55, and 56 are located in the east county area. Drainage Area 48B is located in the Bay Point area (Figure 2). Drainage Area 55 is located in the Antioch area (Figure 3). Drainage Area 56 is located in the Antioch area (Figure 4). REVIEWED BY: DATE: Cece Sellgren Environmental Planner APPROVED BY: DATE: Community Development Representative G:1GrpDatalEnySvc\ENVIf2ot200p proJectslCEC2Aonly 1Determ.Fx MphDA Fee Ordinance Updates for DA 48B-DA 55-DA 56.docs CAWFORNIA ENVIRONMENTAL QUALiT`( ACT Notice of Exemption Contra Costa County Community Development]department 651 Pine Street, 4th Floor- North ging, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2296 Contact Person: Cece Sellgren --Public Works Dept. Project Description, Common Name (if any) and Location: Drainage Area Fee Ordinance Updates for DA 48B, DA 55, and DA 56, County File#CP 00-91. Project Description The purpose of the activity is to increase the current drainage fees for Drainage Areas 48B, 55, and 56, to provide proper financing to the proposed drainage facilities as per each Drainage Area Plan in order to cover the increased costs of construction. This activity will need General Plan Conformance from the Cities of Antioch and Pittsburg. Project Location; Drainage Areas 48 B, 55, and 56 are located in the east county area. Drainage Area 48B is located in the Bay Point area (Figure 2). Drainage Area 55 is located in the Antioch area (Figure 3). Drainage Area 56 is located in the Antioch area (Figure 4). This project is exempt from CEQA as a: Ministerial Project(Sec. 15268) _ Other Statutory Exemption, Section Declared Emergency (Sec. 15269(x)) -L General Rule of Applicability (Section 15061(b)(3) _„- Emergency Project(Sec. 15269(b)or(c)) — Categorical Exemption, for the following reason(s): It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. Date: By: Community Development Department Representative AFFIDAVIT OF PILING AND POSTING I declare that on 1 received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn:-Trina Torres County Clerk Fee $50 Due G:\GrpData\EngSvc\ENVIRO\2000 projects\ CEQAonly\NOE\DA Fee Ordinance Updates for DA 488-DA 55-DA56.doc CAL-iFORNIA ENVIRONMENTAL QUAD T`( ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor-North Wing, McBBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2296 Contact Person: Cece Sellgren - Public Works Dept. Project Description, Common Name (if any) and Location: Drainage Area Fee Ordinance Updates for DA 48B, DA 55, and DA 56, County File #CP 00-91. Project Description The purpose of the activity is to increase the current drainage fees for Drainage Areas 48B, 55, and 56, to provide proper financing to the proposed drainage facilities as per each Drainage Area Plan in order to cover the increased costs of construction. This activity will need General Plan Conformance from the Cities of Antioch and Pittsburg. Project Location; Drainage Areas 48 B, 55, and 56 are located in the east county area. Drainage Area 48B is located in the Bay Point area (Figure 2). Drainage Area 55 is located in the Antioch area (Figure 3). Drainage Area 56 is located in the Antioch area (Figure 4). This project is exempt from CEQA as a: ,_,,, Ministerial Project(Sec. 15268) _ Other Statutory Exemption, Section Declared Emergency (Sec. 15269(a)) -L General Rule of Applicability (Section 15061(b)(3) _, Emergency Project(Sec, 15269(b)or(c)) — Categorical Exemption, for the following reasons): It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Trina Torres County Clerk Fee$50 Due G:\GrpData\EngSvc\ENVIRO\2000 projects\ CEQAonly\NOE\DA Fee Ordinance Updates for DA 48B-DA 55-DA56.doc "o C'} T s o rr-r7 r C) Co • rr7 r'n . 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' CO TRA COSTA COUNTY nn+•s+x,s.ra 4%RAINAGA AAA AS ° sae nae toes wee rttr PUBLIC WORKS DEPARTMENT s •.«.v..« D �jFr�QFfAENTAS�J�F FRwtae� +nom " —^+ tnnr4rrww twwvu:we HArrtHnrx• R+ SAD F!r ES t A SCALE + w w e Mrv• wsu MAMTFMai CaitritMfa YAH •Ys•S xW+wf,f•iiw Caws• Figure 3 i _t t t } •� ! wj '� f' � ������f�lw�� ��..��tEfEi1��� rF�� , t ' st*r .1���.���.�.�+'f►t���! ':'��; � 4�:aeiiEf� i�!r° men! � �t sJ,flw�i r t -. ,A ' "! was teM� t1 :'• Fri ' � * •,� . r r ~� '* �f,__.• ■a.....wansir '} P • z �}�^ 7 A � t � � �Ie!rEs�1t11+rte t.9�4woqof �� +y t i t N * !b I i ; +moi ;.1 �t ;« 4``t+� �. ��tE�•�� �a1itEIRY �J, l �► �y try � ��#�� r;r f��� t t ':S ( ?iG�' �It}�� t y�:;iti ,���t� �i C {•+Y .'.,,.+,��� } t *,... _ ����il ORDINANCE NO. 2002- 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 55 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 OrdinanceMore f the Contra Costa County Flood Control and Water Conservation District isy repealed. SECTION 2 The Board hereby enacts the following as the Drainage Fee Ordinance for Drainage Area 55. SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 55, Boundary Map and Amended Drainage Plan," dated January, 1988, 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 55 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 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 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 pr damaged by fire, flood, winds or other acts of Cod, 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 Ordinance No. Page 1 of 4 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 officials 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 b.�" � 1, ' per pool. For other construction, modifications or replacements to an existing facility IQ cause an increase in impervious surface, including, but not limited to, driveways, walks 0aW- e tc., the amount of net increase in impervious surface shall be subject to a fee of r 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 shill 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 bind 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 Permit Subdivision Commerclallindustrial/Downtown offices acre gyp, 7 Offices(Medium) acre ,+ 5 Offices(Light) acre Multiple Residential(Including Mobile Home Paries) Less then 2,500 sq. ft.of land per unit acre 2,500-2,999 It '" unit 3,000-3999 49 " unit ; 4,000-4999 unit 5,000-5999 unit . . , 6,000-6,999 If unit 1 . ., 7,000-7999 unit Ordinance No. Wage 2 of 4 8,000+ unit - O;,, Single Family Residential 4,000-4,999 sq. ft. of land per unit unit 5,000-6,999 " to unit 's , 6,000-6999 it ofunit r� 0 . 7,000-7,999 if Ifunit 4.s; ' 8,000-9,999 ftunit 10,000- 13,999 unit 14,000-19,999 "` unit 20,000-29,999 unitW 30,000-39,999 " unit :" f # a ° Unit Andcultural Under 10%of lot Impervious Exempt More than 10°Io of lot impervious ", " cre developed portion On single family lots, bams 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 feeamounts. For the purpose of this ordinance, subject to Section Vl, lot size shall be (1) for existing lots, that unci 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 V111, 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. Ordinance No. _.�R__ Page 3 of 4 SECTION IX. 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 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 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 credited against the fees payable under Section VII. .v k pc* � at,matess shall be reviewed every year th ►t` x l r a se sate adutednhually on ,lanus►r 1 to . „ eer f � t lon,,o ;s+ " r pu e ei ng, SgCTION X1FECTIVE 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 September 10,-2002,;by the following vote: AYES: NOES: ABSENT: Chair of the Board ATTEST: John Sweeten Clerk of the Board of Supervisors and County Administrator By: ------—..__.._-----_----________-.,___..______..__ Deputy Ordinance No. Page 4 of 4 CIRMONCE NO. r evamupp Olin DRQ AIMh 55 The Board of Supervisor's of oxtxz Crista C=Tty as the governing body of the ContraCostaCounty Flood control and Water Conservation District does ordain as follows: swiToN I. amnzkm PIAN. The drainage plan and map entitled "Drainage Area 55, Boundary Map and Drainage plan,,, dated jamary, 1988, on file with the Clerk of the Board of Supervisors, is as the drainage plan for the Ctrltm Costa Cotmty Flood Control and Water Conservation District Drainage Area 55 pursuant to Sections 12.2 arra 12.3 of the CM-&-M Costa C*Mty Flood Control and Water Conservation District Act (fir 63 of West's Appendix to the Water Code) . SECTION II. FINDINGS. This Beard 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 devel ; that developwnt of property within the drainage area, with its resultant increase in irpervious 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 additioanad irviouss surfaces in said drainage area are constructed; that the estimated total of all fees collectible hereunder does not exosed the estimated total costs of all drainage facilities shown on the drainage plan; 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. SWTIC N III. MoaMCKS. The fee shall not be required for the following: 1) Tb replace a structure destroyed or damaged by fire, flood, winds or other act of God, provided the resultant structure has the own, or 164s impervious surface as the original structure; 2) Tb modify structures or other impervious surfaces, provided the ama.a7t of group coverage is not increased more than 100 feet; 3) Tb lard to a goverrnnent , public CSE nw= NOX"=Z-�L-- Page lof4 i 00129 wf , entity, Public utility"--dr abutting y owner .whsoa now building lot or site is not created- as ,a result of. the oorrmyance; or 4) any lot or pnparty for which drainage fees have bow fully Paid previously. RE"MCN IV. PEE EEFE1FddF1U. On lots greater than two acres in size, the property owner can defer the paymeft of the fee on the portion of the lot in excess of two acres that is nota required part of the pending develcpnent. 7 e deferment of fee is cor9ditional on the property owners granting, as collateral, the development rights to the Board of Supervisors for said area of deferred fee untilsuch time as the fee is paid. SE=ICN V. Bunn= ExoWt as permitted under Section III and IV, the Ocrrtra Gaeta County or the city official having jurisdiction shall not issue any building Permit for o nstruction within the drainage area until the required drainage fee has bow Paid. For initial oorsst ruction the fee shall be as set forth in Section VII. >br single family rwidential mdmmirg pools an lots for which' the drainage fee has not been paid, the fee shall be ter ~ pool. Pbr other oonstruction, modifications or replaosments to an exurting 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 o per square foot, but not to exceed the amount required under section VII. SWTICN VI. SU8i31VIvSICNS. Except as petted under Sections III arra 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 retardation of said map. Towers house, ium,and cluster housing type subdivisions croating individual lots less than 4,000 square feet shall be gated as multifamily residential and the lot seize used in determining the "square feet of land per unlit" 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 stet forth in Section VII. SE CI7C N VII. FZE SCHEUIrE i 1 !T> ricatrial ITYsmhrarn tYffi Offices tMedium) : 11,985 acre r� Offices (bight) 110,0 , MItigaily Emidential (Includim Mobile UM ) . IAss than 2,500 sq. ft. of land per unit , , 2,500' to 2,999 Of to t 3,000 to 3,999 to r' 75e 150 4,000 to 4,999 of rr870 5,000 to 5,959 6,000 to 6,999 " " 1,12D ; 7,000 to 7,599 '► " ►24e 1,240 8,000 + " " 3:,300 4,000 to 4,999 sq. ft. of land per unit $ , 5,000 to 5,999 " " 955 CPDMOIKE NO, 8 8 2 4 Page 2 of 4 s~ 00130 6,000 to 61999 " $- - -- to 7,OOO to 7,999 to " ris lw A, $,OOO to 9,999 n " -TO-200 1"740 to ". - 10,000 to 13,999 " " 11,225 tom 14,060 to 19o999 It 1,425 It= 20,000 to 29,999 " ---Z-,020 30,000 to 39,999 of " 21190 311W 40,000 + It It 2,626 3,635 .a. 3 s Under 104 of lot impervious Eaupt More than 10% of lot impervious Ste;a is of developed portion CO, single family lots, barns and in of 400 square feet and terJUS &-d crc. V is Shall not be r-mmidered as iricicleaYtal residential farci] included in the above fee- schedule.e. The drab-age fern,,-for ,pare of facilities in exoms of 400 square feet shall be txrlculated using the square font fere in Section V, and it Shall bre in addition to the above fee amounts. For the impose of this ordinance, subject to section VI, lot size shall be: (1) for existing lots, that land shown on the latest aqL lized assessment roll as a lot; or (2) for raw subdivision lots, that land shown on the final or parcel map as a lot. The fee a=units under "Single Family Pasidential" Shall apply to lots containing only one dwelling unit. For multifamily residential (including mrabile home parks) the "Square feet of land per unit" shall be the quotient cbtained by dividing the lot size in square feet by the n wber of dwelling units pr posed to be on the lot. SE MON VIII. . - FEE PAYMERD. The official having jurisdiction may cash or check, or, when authorized by the District's Chief Engineer,newer, other =nsideratian such as actual =struction of a part of the plain drain facilities by the applicant or his principal. All fees collected herrentler shall be paid into the C=Tty Trwwzy to the account of the drainage facilities fund established for the drainage ar+eat. Monies in said fund shall be 'led solely for land acquisition, c srvc"tion, engineering, administrati oc>, repair maint+ernanoe and operation or for the same, in whsle or in part, of Planned drainage facilities within the drainage area or to reduce the principal or interest of any bondedindebt dness of the drainage area. SECIICN IX: CREDIT. Drainage fees previously paid shall be credited as follows: a) 'mere drain fees have bow partially paid under a former Mdinan ce, fees shall not be required for any part..of .the .total.. area for which the fee was paid. b) Where drainage fees have been paid other than pursuant to an add drainage fee ordinance, credit shall be given for the dollar amount of the fee paid for the develocnt site. 3of4 00131 s 'r c) Mere drabage. few have been paid pu � wdisr m cr other ordinance bawd on impervious surface, the credit shall be based cn the mdinwm in effect at the time of the additionial paymwlt. psi EpTzx.;4:jL MTE. 'ibis ordinance effective 60 days after passage, and within 15 days of passage shall be published once with the res of supervisors voting for and agrairst it in the Antioch Daily , a rAwspeper published in this county. PASSED AND ADOPrED CN ► by the following vete; AYES: Supervisors Powers , Fanden , McPiak , Torlak`s'on & Schroder NOES: Nene AB'D`.' None Chairran of the Board ATIWr: Deputy EE:sj UK:DA550rd.t4 X165 Page 4 of 4 I 00132