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Home My WebLink AboutRESOLUTIONS - 01012002 - 2002-476 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. 20021476 (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. 85-52 and Adoption of a new Drainage Fee Ordinance for Drainage Area 56, Antioch area. Project No. 7566-608222-01. 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 56 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 that this is a true and correct copy Public Works Department(FCE) of an action taken and entered on the minutes of Contact Person:Dean Eckerson(313-2271) the Board of Supervisors on the date shown. cc:County Administrator Dave Lennon Community Development Hoffmann Company Building Inspection P.O.sox 907 AUGUST 06, 2002 County Counsel Concord,Ca 94522 ATTESTED: County Assessor County Treasurer-Tax Collector Albert Seeno Company JOHN SWEETEN,Clerk of the Board of County Auditor—Controller 4021 Port Chicago Highway Chief Engineer Concord,CA 94524-4113 Supervisors and County Administrator Accounting Design—Environmental Dennis J.Ragan 13y >.lJ`s� Engineering Services Davldon Homes Building Industry Association 1800 South Main Suite#150 --Zeputy ell P.O.Box 5160 Walnut Creek,CA 94596 San Ramon,CA 94583 G:1GrpData\FldCV\AdministrationM3oard Orders12002 BO1130 8-6-02 DA 58.doc RESOLUTION NO. 2002/476 ORDINANCE NO. 02- 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 56 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. 85-52 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 56. SECTION I DRAINAGE PLAN. The drainage plan.and map entitled "Drainage Area 56, Boundary Map and Amended Drainage Plan," dated January 7, 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 Conservation District Drainage Area 56 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 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 Ordinance No. mage 1 of 4 created as a result of the conveyance; or 4) Any lot or property for which drainage fees have been fully paid previously. SECTION IV FEE DEFERMENT. On lots greater than two acres in size, the property owner can defer the payment of the fee on the portion of the lot in excess of two acres that is not a required part of the pending development. The deferment of fee is conditional on the property owners granting, as collateral, the development rights to the Board of Supervisors for said area of deferred fee until such time as the fee is paid. SECTION V. BUILDING PERMITS. Except as permitted under Section III and IV, the Contra Costa County or the city 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 Commercial/industrial/Downtown Offices acre $23,850 $25,620 Offlces(Medium) acre $20,440 $22,840 0ffices(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 it „ unit $1,115 $1,115 3,000-3999 unit $1,275 $1,275 4,000-4999 " „ unit $1,485 $1,485 5,000-5999 "" „ unit $1,700 $1,700 6,000-6,999 unit $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 4,040-4,999 sq. ft. of land per unit unit $1,560 $2,500 5,000-5,999 " it unit $1,630 $2,605 6,000-6999 ifunit $1,700 $2,710 7,000-7,999 " If unit $1,770 $2,815 8,000-9,999 it 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 $5,380 140,000 + unit $4,470 $6,200 Agricultural Under 10%of lot impervious Exempt More than 10/0 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. 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. 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: John Sweeten Clerk of the Board of Supervisors and County Administrator By: ------------------------------------------------ Deputy Ordinance No. Page 4 of 4 i DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NOs.: 7547-6D8223, 7579-6D8216, & 7566-6D8222 CP NO.: 00-91 ACTIVITY NAME: Drainage Area Fee Ordinance Updates for DA 488, 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 THE ACTIVITY: 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: C� Community Development Representative G:1Grp0ata1Engsvc\ENVIRo12000 projecislcEaAoniyy Det .Exempg0A Fee ordinance Updates far DA 488-DA 55-DA 58.docs CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption. Contra Costa County Community Development Department 651 Pine Street, 4th Floor-North Wing, 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 4813, 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)) JL General Rule of Applicability(Section 15061(b)(3) Emergency Project(Sec. 15265(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 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 CALiFORNIA ENVIRONMENTAL QUAUTY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor-North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2296 Contact Person: Cece Sellgr n - Public Works Dept Project Description, Common Name (if any) and Location: Drainage Area Fee Ordinance Updates for DA 488, 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 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 FILING 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 tiling date. Signature Title Applicant: County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Tring Torres County Clerk Fee$50 Due G:\GrpData\EngSvc\ENVIRO\2000 projects\ CEQAonly\NOE\DA Fee Ordinance Updates for DA 4813-DA 55-DA56.doc > CA D 70 CJ _ (� �>3 z D z C z 0 c� r ° 70 M m l w • a X � a z M, W X ("rl z C ice, _0 - r III sO!1111 IF Wj o4ur�� ',tai ,h t��l� J tt�arlF�Lr�,.t �.t It i Now � tJ1��' '�� = a �� r}t �' s/t�M'lll"��, t r a ■ {}1� FSmile � � R ti•s � i y y 1 S r �rail t ��R r r �, �,� g 'w ao ,��. ��Itll? s S l r� Ih � will �. � /t 1 �t�Jr r�}.• � �,. "`�� r J J� /!1� SII ORDINANCE NO. 02- 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 56 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 f the Contra Costa County Flood Control and Water, Conservation District is here y repealed. SECTION 2 The Board hereby enacts the following as the Drainage Fee Ordinance for Drainage Area 56. SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 56, Boundary Map and Amended Drainage Plan,' K `` *w on file with the Cleric of wo the Board of Supervisors, is adopted as the drainage pian for the Contra Costa County Flood Control and Water Conservation District.Drainage Area 56 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 hereinprovided 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. SECTI0N lit 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 Ordinance No. Page 1 of 4 created as a result of the conveyance, or 4)Any lot or property for which drainage fees have been fully paid previously. SECTION iV FEEDEFERMENT. 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 111 and IV, the Centra 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 <; ` .Y7 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 atios, etc., the amount of net increase in impervious surface shall be subject to a fee of er square foot, but not to exceed the amount required under Section VII. SECTION VI SUBDIVISIONS. Except as permitted under Sections ill 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 Commerciallindustrial/Downtown Offices acre '`'A Offices(Medium) acre Offlose(Llght) acre Multiple Residential(including Mobile Home Parks) Less than 2,500 sq. ft. of land per unit acre 2,500-2,999 of It unit 3,000-3999 It unit 4,000-4999 unit 51000-5999 "' unit 8,000-8,999 unit 7,000-7999 '" "' unit Ordinance No, Page 2 of 4 18,000+ unit Single Family Residential 4,000-4,999 sq. ft. of land per unit unit 51000-5,999 unit ' 6,000-6999 unit OW_ - � . 7,000-7,999unit ` law 8,000-9,999 "' unit ., � . AW 10,000- 13,999 '" " unit 14,800- 19,999 unit 20,000-29,999 unit 30,000-39,999 unit k 40,000 + `" ,r unit m Agdcuitural Under 10% of lot impervious Exempt More than 10%of lot impervious '" ��a�re 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 VIIL FEEPAYMENT. 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. 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 Vil 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. OFFEES. Project cast estimates shall be reviewed every year that l c r�dinanre..ls:#n ffisct, fihe fee schedule'shall be adjusted annually on January 1 to ait fP f t+on ui flea engineering Flews Record Construction Cost index. Such t iw SECTION'Xf' 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. 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RVI %Pr%W*MV11_ 1156 0i 885 eel fteal CON DRAINAGE AREA 56 The Board of Supervisors of Contra Costa County, as the governing body of the Coutra Costa County Flood Control and Water Conservation District, does ordain as follows: SECTION 1. Ordinance No. f the Contra Costa County Flood Control and Water Conservation District is hereby repealed. SECTION 2.. The Board enacts the following as the drainage fee ordinance for Drainage Area 56: SECTION I. DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 56, Boundary Map and Drainage Plan", on file with the Clerk of the Board of Supervisors, is adopted as the drainage plan for Drainage Area 56 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 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 signifi- cant adverse impact on past and future developments, that development of property within the drainage area with its resultant increase in impervious surfaces will require construction of the 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 addition to existing drainage facilities serving the drainage area at the time of the adoption of the drainage plan. SECTION III.. EXEMPTIONS. The fee shall not be required for the following: 1) To replace a structure destroyed or damaged by fire, flood, winds or other 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 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 tots 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 I Page 1 of 3 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 construc- tion 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 per pool . For other construction, modifications or replacements to an existing facility that causes 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-34- -eemts -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 subdivi- sion 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 multi-family 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 Building Permit Subdivision Commercial/Industrial/Downtown Office vfU61 Office (Medium) : 11,%Weere 135399 a ce t , , Multifamily Residential (including Mob le Home Parks Less Than 2, sq. ft. of land per unit , 2,500 to 2,999 1r tt it of 3,000 to 3,999 tt n 11 1I 748iumit 748/unit ,0{)0 t0 4,999 11 u 11 u o7nr �:a -- -- 87n...m_ 5,000 to 5,999 It 11 11 It Via,...,:+ - - 995 urt i v- 6,000 to 6,999 of It to If 1,1 9 jumi t 1,120 r_ 7,000 to 7,999 a If Is It ,1, /umi - - 1_,•�a—0 jumi 8,000+ 11 It !t It VV VV VV ! f Single Family Residential : 4,000 to 4, sq. ft. ofTand, per unit , 5,000 to 5,999 11 11 to 11955tun > 6,000 to 6,999 !t It 11 it _ 996/um4t t,W�UM 7,000 to 7,999 if 11 !I It l,v3 r7zrrrr - - , 8,000 to 9,999 It 11 11 t1it 10,000 to 13,999 a rt tl rl 228 t 9 5�OA4% 1,GGSJ +l , 14,000 to 19,999 of n 11 If i 25r u ..t -2,2WUMt, 20,000 to 29,999 it If If 11 1,760,uni,. 2;649 wn4t 30,000 to 39,999 1t II to 11 —4,195'.."1 3,166r..Ait- 40,000+ u " " u629 iuni t. C li:/1l0 t f A r�icul_tural : Under 16% of lot impervious Exempt More than 10% of lot impervious M,33 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 lots containing only one dwelling unit. For Page 2 of 3 ORDINANCE NO. 85$52 i 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 paid into 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 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 partially paid under a former Ordinance, 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 adopted drainage fee ordinance, credit shall be given for the dollar amount of the fee paid for the development site. C) Where drainage fees have been paid pursuant to this ordinance or other ordinance based on impervious surface, the credit shall be based on the ordinance in effect at the time of the additional payment. Ar-AT;A01 49 EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within .15 days of passage shall be published once with the names of supervisors voting for and against it in the Antioch. Daily Ledger, a newspaper published in this county. PASSED AND ADOPTED ON __.` rUG 0 , by the following vote.- AYES: ote:AYES: Supervisors Powers , Schroder, Mcp.eak, T'orlakson $ Fanden NOES: None ASSENT: None Chairma �ofth�eBoar �� ATTEST, -, Clerk of .the Board of Supervisors and County Administrator BY 4 o-g J Deputy uk:pg uk:da56.ord.t7 ORDINANCE NO. 85-52 Page 3 of 3 SUBJECT: Notification of Hearing for Repeal of Drainage Fee ordinance No. 8552 Adoption of Drainage Fee Ordinance for Drainage Area 56 DATE: August 6, 2002 PAGE: 2 This Board also has before it the engineer's report, entitled "Updating Drainage Fee Ordinance for Drainage Area 56"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. 85-52 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,City of Brentwood, and City of Oakley. The Clerk of this 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 Sections 54986(a) and 66016(a). Said mailing shall be performed at least fourteen (14)days prior to the hearing. RESOLUTION NO. 2002/476 ENGINEER'S REPORT FOR AN UPDATE OF THE DRAINAGE FEE ORDINANCE FOR THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISRTICT DRAINAGE AREA 56 Prepared by Sam Choi Contra Costa County Flood Control And Water Conservation District 255 Glacier Drive Martinez, CA 94553 July 9, 2002 This report supplements the existing engineers report for the update of the drainage fee ordinance of Drainage Area 56 dated August 1985, 1. RECOMMENDATION It is recommended that: A. The existing Drainage Fee Ordinance No. 85-52 for Drainage Area 56 be repealed. B. A new Drainage Fee Ordinance for Drainage Area 56 be adopted in the amount of$0.62 per square foot of impervious surface area. 2. DRAINAGE AREA LOCATION AND DESCRIPTION: The Drainage Area 56 includes all that area tributary to East Antioch Creek. Generally the drainage area extends from the San Joaquin River in the north to a ridgeline south of the east-west portion of Lone Tree Way in the south and in the vicinity of Neroly Road in the east to the vicinity of"D" Street in the west. The drainage area totals approximately 7,000 acres or eleven square miles. The land is relatively flat except where it approaches the foothills of Mt. Diablo. Land use was primarily agricultural, but light industry has moved into the area and residential development has been considerable. East Antioch Creek is principal watercourse that drains the area. The east fork of the creek begins along Lone Tree Way, it flows easterly almost to Neroly Road; and it ends at Lake Alhambra. The west fork of the creek drains a much smaller area. 3. REASONS FOR CHANGE IN DRAINAGE FEE The current drainage fee ordinance No. 85-52 which has a drainage fee of$0.34 per square foot of impervious surface, was adopted in 1985. This fee was based on 1982 base prices and inflated to 1987 price assuming that major construction would take place in 1987. 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 56. The new fee ordinance proposed for Drainage Area 56 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 cost $12,697,000 Utility related cost $ 90,000 Right of Way cost $ 470,000 Admin. And Engineering cost $ 2,251,000 Cost for ordinance process $ 574,000 Contingencies $ 1,326,000 Zone Plan Engineering $ 30,000 Cost Reimburse to collecting agencies $ 87,000 Credit, FCD owe to Developers $ 1,860,000 Credit, Developers owe to FCD $ -17,000 Invested fund and cash on hand $ -3,444800 TOTAL PROJECT COST (2002 price) $ 15,924,000 5. CALCULATION OF THE PROPOSED DRAINAGE FEE The proposed new fee, $0.58 per square feet of impervious surface area, was calculated by dividing the total project cost ($15,924,000) by the total amount of new impervious surface area (27,277,223 sf) expected to be created within Drainage Area 56. The development type and densities are based on the Antioch City General Plan. 6. FUTURE UPDATING OF PROPOSED FEE The standard impervious surface drainage fee ordinance has been modified to include a paragraph that authorizes annual fee updates using the Engineering News Record Construction Cost Index(CCI). The update will occur annually on the January 1. The new paragraph is in "Section X, Review of Fees" in the fee ordinance. 7. CALIFORNIA ENVIRONMENTAL QUALITY ACT Because the update of the existing drainage fee ordinance for Drainage Area 56 is considered an administrative action, it does not fall under the regulation of the California Environmental Quality Act pursuant to Section 15061(b)(3) of the Act's guidelines. APPENDIX-A COST ESTIMATE Description Quant units Unit Price Amount,$ Line Z Items Marina Outlet Channel LS $770,000 Marsh Floodwa LS $160,000 Wilbur Avenue Crossing LS $653,250 Trembath Basin LS $1,368,500 Oakley basin LS $730,000 72" RR Crossing LS $100,000 Earth Channel Reach-4 LS $670,000 Lindsey Basin LS $1,974,000 Lindsey Channel to McBail Property LS $1,230,500 Lindsey Channel on McBail Property LS $1,500,000 Tre allas Basin LS $504,100 Line Z Items Total $9,960,000 Pipe System 24"Concrete Pipe(Mist.) 1640 LF 103 $168,920 27"Concrete Pipe 3225 LF 120 $387,000 30" Concrete Pipe 4360 LF 125 $545,000 45"x29° 450 LF 125 $56,250 36"Concrete Pipe 3000 LF 130 $390,000 4210 1100 LF 150 $165,000 48" 2935 LF 170 $498,950 54"Concrete Pie 1480: LF 190 $281,200 60"Concrete Pipe 1520 LF 210 $319,200 Type I MH 4 EA 2,400 $9,600 Type 11 MH 30 EA 3,500 $105,000 Type III MH 11 EA 5,500 $60,500 0utlet Str. ____101 EA 5,000 $50,000 PipeSystem Total $3,037,000 1 TOTAL CONSTRUCTION $12,697,000 2 TOTAL UTILITY CONFLICT $90,000 3 TOTAL R/W (Basin and Marsh Outlet) $470,000 A TOTAL(1+2+3 $13,2579000 ADMINISTRATION & ENGINEERING A. Misc. development cost, 6.3 %of item#1 above 799,911 B. Agency inspection fee,4.2 %of item#1 above. 533,274 C. E/A cost on public construction, 6.6 % of item#1 above 838,002 D. R/W acquisition, labor and legal cost, 15%of item#3 above. 70,500 E. Utility Relocation coordination, 10%of item#2 above 9,000 4 ADMINISTRATION & ENGINEERING TOTAL $2,251,000 B. TOTAL(A+4) $15,508,000 Page COST FOR ORDINANCE PROCESS A. Ordinance Administration, 1 %of item#B above. 155,080 B. District cost for coordination, 2% of item#B above. 310,160 C. District cost for zone plan change, 0.7%of item#B above. 108,556 rw..rr i 5 COST FOR ORDINANCE PROCESS 574,000 6 ZONE PLAN ENGINEERING, $30,000 30,000 7 CONTINGENCIES (10% of item #A) $1,326,000 C. TOTAL(B+5+6+7) $17,438,000 8 Cost Reimburse to collecting agencies $67,000 0.15%of item#C above. D. TOTAL (C+8) $179525,000 Potential Long term Debt Potential Credit Received but not applied yet AD 26 $1,012,184 Potential Credit Received but not applied yet AD 27 $457,834 Developers Paid fee in excess of their obligation AD 27 $390,342 9 Total Potential Long term Debt $1,860,360 Cash-On-Hand and Long Term Investment Cash On hand and long term investment -$2,444,800 Credit to be received from Dale Poe and Antioch Vly Assoc. -$17,107 Revenue from SR4 RNV Sale -$1,000,000 10 TOTAL CASH ON HAND AND LONG TERM INVEST. -$3,461,907 E. TOTAL Fund Required (D+9+10) $15,923,453 Page 2