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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-665 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 October 22, 2002, by the following vote: AYES: StTPL"MSCRS MKM, MM, I�-_SMNNM, CSL M AM GTOIA NOES: i ABSENT: tM ABSTAIN: NM RESOLUTION! NO. 2002/665 `SUBJECT: Repeal of Drainage Fee Ordinance No. 9-84, and the Adoption of a new Drainage Fee Ordinance for Drainage Area 48B, Pittsburg area. Project No.: 7574-6D8223- 98. CDD-CP#00-91 The Board of Supervisors of Contra Costa County, as the governing body of the Contra Costa Bounty Flood Control and Water Conservation District , FINDS, DETERMINES and RESOLVES '1hat: On September 17, 2002, this Board set a public hearing to consider the repeal of the existing Drainage Fee Ordinance No. 89-84 and the adoption of a new drainage fee ordinance to increase drainage fees in Drainage Area 48B. On October 22,2002, pursuant to the Board's Resolution of September 17,2002,this Board held a meeting to consider the repeal of Drainage Fee Ordinance 89-84 and adoption of 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 48B, 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 48B, has been filed. G:�GrpData\FldCU\AdministraUonrBoard Orders12002 BO180 9-17 DA48B Reso(10-22).doc Or,�.Dept„ Public Warks(Rood Control) Contact Person: Kevin Emigh{3132233} thereby certify that this is a true and correct copy of an action taker:and entered on the minutes of the Board of cc> County Administrator Supervisors on the date shown. Community Development Building inspection County Counsel2�1C)2 County Assessor ATTESTED: OCIOM 22, County Treasurer-Tax Collector JOHN SWEETEN, Clerk of the Board of Supervisors County Auditor/Controller and Cou yAdministrator Public Works a Flood Control Engineering ironmServices X Design-Environmental Accounting By , Deputy RESOLUTION NO. 2002t65 SUBJECT: Notification of Hearing to Consider Repeal of Drainage Fee Ordinance No. 89-84 and Adoption of a new Drainage Fee Ordinance for Drainage Area 48B, Pittsburg area. DATE: October 22, 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 September 17, 2002. The Board has received no resolutions or ordinance adopted by any affected city objecting to the ;proposed actions. IThe purpose of the drainage fees in this resolution is to generate monies to finance drainage improvements in adopted Drainage Area 48B Improvement Plan. The fees will be used to finance the drainage facilities listed in the adopted drainage plan and described in the engineer's report. IOn September 10, 2002,the Board of Supervisors approved CEQA for drainage area fee ordinance apdates for Drainage Areas 488, 55 and 56 and subsequently posted the Notice of Exemption. This Board hereby further FINDS that good cause exists for adoption of a new drainage fee })rdinance for Contra Costa County Flood Control and Water Conservation District area 48B and this Board hereby ENACTS Ordinance No. 2002-28. This Board hereby also REPEALS the existing Drainage Fee Ordinance No. 89-84. RESOLUTION NO. 2002&5 ORDINANCE NO. 2002-28 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 48B 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. 89-84 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 488. SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 48B, Bdundary Map and Amended Drainage Flan," dated September, 1989, 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 48B pursuant to &:Nctions 12.2 and 12.8 of the Contra Costa County Flood Control and Water Conservation [district Act (Chapter 68 of West's Appendix of the Water Code). SECTION fl 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 dc, velopments; that development of property within the drainage area, with its resultant ire rease 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 th- basis of benefits conferred on property upon which additional impervious surfaces in skid drainage area are constructed; that the estimated total of all fees collectible hereunder dies 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. SIXTION 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 reultant structure has the same, or less impervious surface as the original structure; 2) To Ordinance No. 2002-28 Page 1 of 5 r:: odify structures or other impervious surfaces, provided the amount of ground coverage is rot increased by more than 100 square feet; 3) To convey land to a government agency, public entity, public utility, or abutting property owner where a new building lot or site is not created as a result of the conveyance; or 4) Any lot or property for which drainage fees have been fully paid previously. §,SECTION IV FEE DEFERMENT. On lots greater than two acres in size, the property owner can defer the payment of the fee on the portion of the lot in excess of two acres that it 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. ECTION V. BUILDING PERMITS. Except as permitted under Section III and IV, the contra Costa County or the city official having jurisdiction shall not issue any building permit for construction within the drainage area until the required drainage fee has been paid. For initial construction the fee shall be as set 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 $310 per pool. For other construction, modifications or replacements to an existing facility that cause an increase in impervious surface, including, but not limited to, d>-iveways, walks patios, etc., the amount of net increase in impervious surface shall be subject to a fee of$0.35 per square foot, but not to exceed the amount required under Section V11. ECTION 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 h'0use, 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 dt)-termining 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 VI1. FEE SCHEDULE Unit Measure Building Subdivision Permit Commercial/industrial/Downtown acre $14,390 $15450 Offices 01Tices(Medium) acre $12,335 $13,785 Offices(Light) acre $10,320 11,635 W.iltiple Residential(including Mobile Home Parks) Ordinance No. 2002-28 Wage 2 of 5 Less than 2,500 sq. ft. of land per unit acre $11,340 $11,340 2,500 - 2,999 if unit $870 $670 31,000 - 3999 unit $770 $770 4,000 - 4999 " " unit $895 $895 54000 - 5999 „ unit $1025 $1025 6;000 - 6,999 '" " unit $1150 $1150 7;000 - 7999 unit $1275 $1275 51M0 + '" " unit $1335 $1335 Single Family Residential 4:000 - 4,999 sq. ft. of land per unit unit $940 $1510 5:000 - 5,999 "► " unit $985 $1570 61,000 - 6999 '. unit $1025 $1635 71.000 - 7,999 "" unit $1070 $1700 8>000 - 9,999 " " unit $1130 $1790 10,000 - 13,999 unit $1255 $1970 1011,000 - 19,999 „ "" unit $1465 $2270 20,000 - 29,999 " unit $1815 $2720 3€7,000 - 39,999 unit $2250 $3250 40 ,000 + unit $2700 $3740 Agricultural leder 10% of lot impervious Exempt Mdre than 10% of lot impervious $13,715/ac developed portion 01 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. On inanoe No. 2002 28 Page 3 of 5 For the purpose of this ordinance, subject to Section VI, lot size shall be (1) for existing lets, 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 rnultifamily 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. ECTION Vill. FEE PAYMENT. The official having jurisdiction may accept cash or check, or, when authorized by the District's Chief Engineer, other consideration such as actual cIOnstruction of a part of the planned drainage facilities by the applicant or his principal. All fries collected hereunder shall be deposited in the County Treasury to the account of the d-ainage facilities fund established for the drainage area. Monies in said funds shall be eXpended solely for land acquisition, construction, engineering, administration, repair r 3aintenance 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. SECTION IX. CREDIT FOR PREVIOUS PAYMENT OF FEES. Drainage fees previously pz3id shall be credited as follows: AWhere 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 V1f. SECTION X CREDIT FOR PROPERTIES SOUTH OF HIGHWAY 4. For developments in the area south of Highway 4, as compensation for the cost of the drainage systems to be built, but not included in the cost of the plan, a credit of 35 percent will be applied to the SECTION XI REVIEW OF FEES. Project cost estimates shall be reviewed every year thcot this ordinance is in effect. The fee schedule shall be adjusted annually on January 1 to ac,ount for inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not require further notice or public hearing. SECTION X11 EFFECTIVE DATE. This ordinance becomes effective 60 days after Ordnance No. 2002-28 Page 4 of 5 assage, 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 October 22,2002, by the following vote: AYES: SU SOBS UnKM, MM, Desm , aMM AM GIOIA NOES: l ABSENT: 1 Chai of the Board 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:OCIOIER 22, 2002 JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator t By � Deputy G:�JrpData\FldCU\AdministrationiBoard orders12002 BOIDA48B Ord(10-22).doc ®rC3inance No. 2002-28 Page 5 of 5