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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-711 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODY Of CONTRA COSTA COUNTY FLOOD CONTROL R CONSERVATION DISTRICT �J . Adopted this Resolution onl?e :eer 3, 2002 by the following vote: AYES: SUPERVISORS UILKEHA, GERBER, DeSAULNI , AMID GIOIA �) NOES; NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/711 SUBJECT: Establishment of Contra Costa County Flood Control and Water Conservation District Drainage Areas 62, 72, 78, 87, 88, and 89, and Adopting a Drainage Fee Ordinance for Drainage Areas, 62, 72, 78, 87, 88, and 89, Martinez, Pleasant Hill area, Determines that this activity is not subject to the California Environmental Quality Act {CEQA}. Project Nos. 7505-6D8173-01, 7505-6D8180-01, 7605-6138196-01, 7506-6138205-01, 7505-6138207-01, and 7505-6138208-01. CP# 01-36 The Board of Supervisors of Contra Costa County, as the governing body of the Contra Costa County Flood Control and Water Conservation District, RESOLVES THAT: On October 22, 2002 , the Board adopted a Resolution proposing to establish Drainage Areas, 62, 72, 78, 87, 88, and 89 and to adopt drainage fee ordinances for the drainage areas. Can December 3, 2002 , pursuant to the Board's Resolution of October 22, 2002, this Board held a hearing to consider the establishment of said drainage areas and the adoption of drainage fee ordinances. All written and oral objections presented concerning the proposed establishment of said drainage areas and adoption of new drainage fee ordinances were considered. This Board FINDS that any valid written protests filed do not represent more than one-half of the assessed valuation of real property contained in the proposed drainage area. This Board also FINDS that no written petition for an election, signed by at least 25 percent of the registered voters within the proposed drainage area has been filed. Orig.Dept.: Public works(Flood control) I hereby certify that this is a true and correct copy Contact Person: Kevin Emigh(313-2233) of an action taken and entered on the minutes of CrlCrpData\FldCtllAdministmtion\Board Orders12002 BO\DA 62 Reso estab(12-3-02).doc the Board of Supervisors on the date shown. cc:County Administrator Community Development-K.Piona ATTESTED: BERBER 3,2002 - Building Inspection - County Counsel County Assessor JOAN SWEETEN,Clerk of the Board of County Treasurer-Tax Collector Super" ors and County Administrator County Auditor/Controller Public Works- Flood Control 7 Engineering Services By ( Deputy Design Accounting Environmental-T.Toms RESOLCTTION 2002/111 SUBJECT: Establishment of Contra Costa County Flood Control and Water Conservation District Drainage Areas 62, 72, 78, 87, 88 and 89 and Adopting a Drainage Fee Ordinance for Drainage Areas 62, 72, 78, 87, 88 and 89. DATE: December 3, 2002 PAGE: Two 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 October 22, 2002. This Board has received no resolution or ordinance adopted by an affected city requesting the exclusion of territory from the proposed drainage areas. The Board hereby also FINDS that good cause exists for the establishment of the aforesaid drainage areas and ORDERS that Contra Costa County Flood Control and Water Conservation District Drainage Areas 62, 72, 78, 87, 88, and 89 be ESTABLISHED, consisting of the real property described in the Exhibit "A" through "F" attached hereto. The Board FINDS, pursuant to Government Code Section 66001 (a) as follows: The purpose of the fees described in this resolution is to generate monies to finance the construction of drainage improvements within the Grayson Creek Watershed. The fees will be used to finance the drainage improvements listed in the Engineer's Report, entitled "Contra Costa County Flood Control and Water Conservation District: Engineer's Report for The Establishment of Drainage Areas fit, 72, 78, 87, 88, and 89," which is on file with the Clerk of the Board. As discussed in more detail in said report and in the "Report on Impervious surface Drainage Fee Ordinance," dated January 5, 1982, the types of development that are subject to the fees will generate additional impervious surfaces and drainage within the drainage areas, thus creating a need to construct improvements. Use of the fees paid by each type of development will provide necessary infrastructure to mitigate adverse drainage impacts that would otherwise result from such development. The Board DETERMINES that this activity is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), and as defined in Article 20, Section 15378 (b) (4) of the CEQA Guidelines. The Board DIRECTS the Director of Community Development to file a Notice of Exemption with the County Clerk. AUTHORIZE the Chief Engineer to arrange for payment of a $25 fee to Community Development for processing, and a $25 fee to the County Clerk for filing the Notice of Exemption. This Board hereby further FINDS that good cause exists for adoption of new drainage fee ordinances for Contra Costa County Flood Control and Water Conservation District Drainage Areas 62,72,78,87,88,and 89 and this Board hereby ENACTS Ordinance Nos. 2002-35 through 2002-40. RESOLUTION NO. 2002/711 DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) +. =1LE NO.: W.O.s; 8211, 8214, & 8215 ((Drainage Brea Tee.Amen meats) CP NO.: 01-36 8173, 8180, 8196, 8205, 8207, 8208 (Orainage.Area Tormations) 4CTIVITY NAME: Drainage Areas 16,4413, &46 Fee Amendments and Drainage Areas 62,72,78,87,88, & 89 Formations DATE: June 18, 2001 PREPARED BY: Trina Torres This activity Is not subject to the California Environmental Quality Act(CEQA) pursuant to Article 5, Section 15061 (b) (3) and this activity Is not a project, as defined In Article 20, 43ection 15378 (b) (4) of the CEQA Guidelines. It can be seen with certainty that there is no possibility that the activity may have a significant eldverse effect on the environment. A project does not include the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. DESCRIPTION OF THE ACTIVITY: "he activity consists of repealing the existing drainage fees for Drainage Areas 16,448, &46 and adopting new fee ordinances to reflect the updated costs. The activity also consists of forming f)rainage Areas 62,72,78,87,88, & 89, under the Contra Costa County Flood Control and Water Conservation District Act, as a means for adopting a drainage fee ordinance to secure funds for a ;r..till undefined project to solve repeated flooding. These newly formed drainage areas will have the same rate as the new fees established for Drainage Area 46. Once the flood reduction project i<defined,the Contra Costa County Flood Control and Water Conservation District will conduct a fill CEQA analysis of the project's impacts. 'this activity will need General Plan Conformance from the Cities of Martinez, Pleasant Hill, Walnut Creek, and Lafayette. LOCATION: 'he activity is located within central county in the Martinez/Pleasant Hill/Lafayette/Walnut Creek 0rea (Figures 1-3). REVIEWED BY: DATE: toliql0i Leigb Chavez Planner III APPROVED BY: ce=e= b � f Community Development Representative DATE: G,,,! DatelEn svc\ENVIRo\2001! ectelcEQA onlylDet Exempt) CA1i 18-448-48 Fea Amend DA 62-72-78-87-8&89 Formatlan.dacs 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 Seligren - Public Works Dept. Project Description, Common Name (if any)and Location: Drainage Areas 16,448, &46 Fee Amendments and Drainage Areas 62,72,78,87,88, & 89 Formations, County File #CP 01-36. Project Description: The activity consists of repealing the existing drainage fees for Drainage Areas 16,448, & 46 and adopting new fee ordinances to reflect the updated costs. The activity also consists of forming Drainage Areas 62,72,78,87,88,&89, under the Contra Costa County Flood Control and Water Conservation District Act, as a means for adopting a drainage fee ordinance to secure funds for a still undefined project to solve repeated flooding. These newly formed drainage areas will have the same rate as the new fees established for Drainage Area 46. Once the flood reduction project is defined, the Contra Costa County Flood Control and Water Conservation District will conduct a full CEQA analysis of the project's impacts. This activity will need General Plan Conformance from the Cities of Martinez, Pleasant Hill, Walnut Creek, and Lafayette. Project Location; The activity is located within central county in the Martinez/Pleasant Hill/Lafayette/Walnut Creek area (Figures 1-3). This project is exempt from CEQA as a: — Ministerial Project(Sec. 15268) _ Other Statutory Exemption, Section Declared Emergency(Sec. 15269(a)) ✓ General Rule of Applicability(Section 15061(b)(3) Emergency Project(Sec. 15269(b)or(c)) Article 20. Definitions, Section 15378 (b)(4) _,_, 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.And a project does not include the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact 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 Tones County Clerk Fee$50 Due GAGrpData\EngSvc\ENV1R0\2001 projec MCMA only\NOE\DA 16-44B-46 Fee Amend&DA 62-7278-87-88-89 Formation.doc • i 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 Sellctren - Public Works Dept. Project Description, Common Name (if any)and Location: Drainage Areas 16,44B, & 46 Fee Amendments and Drainage Areas 62,72,78,87,88, & 89 Formations, County File #CP 01-36. Project Description: The activity consists of repealing the existing drainage fees for Drainage Areas 16,448, & 46 and adopting new fee ordinances to reflect the updated costs. The activity also consists of forming Drainage Areas 62,72,78,87,88,&89, under the Contra Costa County Flood Control and Water Conservation District Act, as a means for adopting a drainage fee ordinance to secure funds for a still undefined project to solve repeated flooding. These newly formed drainage areas will have the same rate as the new fees established for Drainage Area 46. Once the flood reduction project is defined, the Contra Costa County Flood Control and Water Conservation District will conduct a full CEQA analysis of the project's impacts. This activity will need General Plan Conformance from the Cities of Martinez, Pleasant gill, Walnut Creek, and Lafayette. Project Location; The activity is located within central county in the Martinez/Pleasant Hill/Lafayette/Walnut Creek area (Figures 1-3). This project is exempt from CEQA as a: Ministerial Project(Sec. 15268) _ Other Statutory Exemption, Section Declared Emergency(Sec. 15269(a)) ✓ General Rule of Applicability(Section 15061(b)(3) ® Emergency Project(Sec. 15269(b)or(c)) ✓ Article 20. Definitions, Section 15378 (b)(4) 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.And a project does not include the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact 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 84553 Attn: Trina Torres County Clerk Fee$50 Due G:VGrpData\EngSvc\ENVIR0\2001 projects\CEQA only%OE\DA 16-448-46 Fee Amend ill DA 62-72-78-87-88-89 Fonnatton.doc 70 0 0 `art � o r 1 0 rt �orl --�- ' ol a Z Z 03 r 01997 Thomas Bros.Maps ri P W hJ .a -4 M Ut W N .a -J 0) (A 3► Cs 4uX. tea � a c� n 0 � rn c� •,IA�ii,��{i.' �M F 111i fit d"�� f1 i may.,, i 71 r` 1 is 'oto co I� •�I ,,w l lAr .�n�df�+..tu �,ll�i A y�•� � C y f� { 1 P AC P r ..F ri¢'G°�'SSI Me �'.�■�3,.t y ORDINANCE NO. 200235 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 62 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 Contra Costa County Flood Control and Water Conservation District Drainage Area 62 is established. SECTION 2 The Board hereby enacts the following as the Drainage Fee Ordinance for Drainage Area 62. SECTION I BOUNDARY MAP. The boundary map entitled "Drainage Area 62 Boundary Map,"dated May 2002, on file with the Clerk of the Board of Supervisors, is established as the boundary for the Contra Costa County Flood Control and Water Conservation District Drainage Area 62 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 future subdivision and development of property within said drainage area will have a significant adverse impact on existing and future developments within the Grayson Creek Watershed; that development of property within the drainage area, with its resultant increase in impervious surfaces, will require the construction of facilities described in the Grayson Creek Regional Improvement 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 included in the Engineer's Report; and that the drainage facilities planned are in addition to existing drainage facilities already serving the Grayson Creek Ordinance No. 20.0235 Page 1 of 5 Watershed at the time of the establishment of said drainage area. SECTION III EXEMPTIONS. The fee shall not be required for the following: 1) to replace a structure destroyed or damaged by fire, flood, winds or other acts of God, provided the resultant structure has the same, or less impervious surface as the original structure; 2) To modify structures or other impervious surfaces, provided the amount of ground coverage is not increased by more than 100 square feet; 3) To convey land to a government agency, public entity, public utility, or abutting property owner where a new building lot or site is not created as a result of the conveyance; or 4) Any lot or property for which drainage fees have been fully paid previously. SECTION IV FEE DEFERMENT. On lots greater than two acres in size, the property owner can'defer the payment of the fee on the portion of the lot in excess of two acres that is not a required part of the pending development. The deferment of fee is conditional on the property owners granting, as collateral, the development rights to the Board of Supervisors for said area of deferred fee until such time as the fee is paid. SECTION V. BUILDING PERMITS. Except as permitted under Section III and IV, the Contra Costa County or the city official having jurisdiction shall not issue any building permit for construction within the drainage area until the required drainage fee has been paid. For initial construction the fee shall be as set 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 $450 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$0.51 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 feefor all other subdivisions shall be calculated on an individual lot basis. The fee amount shall be as set forth in Section VII. Ordinance No. 2002-35 Fuge 2 of 5 SECTION VII. FEE SCHEDULE Unit Measure Building Permit Subdivision Commercial/Industrial/Downtown Offices acre 20,970 22,525 Offices (Medium,l acre 17,970 20,085 Offices (Light) acre 15,040 18,950 Multiple Residential(Including Mobile Home Parks Leas than 2,500 sq. ft. of land per unit acre 16,525 16,525 2,500 - 2,999 unit 980 980 3,000 -3999 " unit 1,120 1,120 4,000 -4999 " unit 1,305 1,305 5,000 - 5999 '" unit 1,495 1,495 6,000 - 6,999 " unit 1,680 1,680 7,000 - 7999 " unit 1,855 1,855 8,000 + " unit 1,950 1,950 Single Family Residential 4,000 -4,999 sq. ft. of land per unit unit 1,370 2,200 5,000- 5,999 " unit 1,435 2,290 6,000- 6999 " unit 1,495 2,380 7,000 - 7,999 " unit 1,555 2,475 8,000- 9,999 " unit 1,645 2,605 10,000 - 13,999 unit 1,830 2,870 14,000 - 19,999 unit 2,135 3,305 20,000 -29,999 " unit 2,640 3,965 30,000 - 39,999 " unit 3,280 4,735 40,000 + unit 3,930 5,450 Ordinance No. 2002-35 Page 3 of 5 Acrlcultural Under 10% of lot impervious Exempt More than 10% of lot impervious 19,995 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 VI11. 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 distributed into the appropriate accounts. Each $0.51 collected will be deposited into the Grayson Creek Regional Improvement Flan Fund. 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 the Grayson Creek Regional Improvement Plan. Said monies may also be used to reduce the principal or interest of any indebtedness of the drainage area, or the Grayson Creek Regional Improvement Plan Fund. SECTION IX. CREDIT. Drainage fees previously paid shall be credited as follows. A Where drainage fees have been paid under a former drainage fee ordinance based on acreage, fees shall not be required under Section VI I 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 VI1 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 Ordinance No. 2002-35 Page 4 of 5 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 XL EFFECTIVE DATE. This ordinance becomes effective 50 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 December 3, 2002, by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DeSAULNIER, GLOVER AND GIOIA NOES: NONE ABSENT: NONE I hereby certify that this is a true and correct copy of an action Chair of the Board taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTER:___IZRr'FIiF.R JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator B `l y ,Deputy G:\GrpData\FidctllAdminlstraton\Board Orders\2002 BO\onilnancesTA 62,72,78,87,88,89-Ord(12-3).doc 11/19/2002 Ordinance No. 2002-35 Page 5 of 5 ORDINANCE NO, 2002-36 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 72 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 Contra Costa County Flood Control and Water Conservation District Drainage Area 72 is established. SECTION 2 The Board hereby enacts the following as the Drainage Fee Ordinance for Drainage Area 72. SECTION I BOUNDARY MAP. The boundary map entitled "Drainage Area 72 Boundary Map,"dated May 2002, on file with the Clerk of the Board of Supervisors, is established as the boundary for the Contra Costa County Flood Control and Water Conservation District Drainage Area 72 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 future subdivision and developmentof property within said drainage area will have a significant adverse impact on existing and future developments within the Grayson Creek Watershed, that development of property within the drainage area, with its resultant increase in impervious surfaces, will require the construction of facilities described in the Grayson Creek Regional Improvement 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 included in the Engineer's Report; and that the drainage facilities planned are in addition to existing drainage facilities already serving the Grayson Creek Ordinance No. 2002-36 Page 1 of 5 Watershed at the time of the establishment of said drainage area. SECTION III EXEMPTIONS. The fee shall not be required for the following: 1) to replace a structure destroyed or damaged by fire, flood, winds or other acts of God, provided the resultant structure has the same, or less impervious surface as the original structure; 2)To modify structures or other impervious surfaces, provided the amount of ground coverage is not increased by more than 100 square feet; 3)To convey land to a government agency, public entity, public utility, or abutting property owner where a new building lot or site is not created as a result of the conveyance; or 4)Any lot or property for which drainage fees have been fully paid previously. SECTION IV FEE DEFERMENT. on lots greater than two acres in size, the property owner can defer the payment of the fee on the portion of the lot in excess of two acres that isnot 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 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 $450 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$0.51 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 VI1. Ordinance No. 2002-36 Page 2 of 5 SECTION VII. FEE SCHEDULE Unit Measure Building Permit Subdivision Commercial/Industrial/Downtown Offices acre 20,970 22,525 Offices (Medium? acre 17,970 20,085 Offices (Light) acre 15,040 16,950 Multiple Residential(Including Mobile Home Parks Less than 2,500 sq. ft. of land per unit acre 16,525 16,525 2,500 - 2,999 unit 980 980 3,000 - 3999 n „ unit 1,120 1,120 4,000 -4999 unit 1,305 1,305 5,000 - 5999 It unit 1,495 1,495 8,000 - 6,999 "' If unit 1,680 1,680 7,000 - 7999 TV " unit 1,855 1,855 8,000 + unit 1,950 1,950 Single Family Residential 4,000 -4,999 sq. ft. of land per unit unit 1,370 2,200 5,000 - 5,999 " unit 1,435 2,290 6,000 - 6999 unit 1,495 2,380 7,000 - 7,999 unit 1,555 2,475 8,000 - 9,999 " unit 1,+545 2,605 10,000 - 13,999 IVunit 1,830 2,870 14,000 - 19,999 unit 2,135 3,305 20,000 -29,999 unit 2,640 3,965 30,000 -39,999 " unit 3,280 4,735 40,000 + " unit 3,930 5,450 Ordinance No. 200236 Wage 3 of 5 Agricultural Under 10% of lot impervious Exempt More than 10% of lot impervious 19,995 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 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 VII(. 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 distributed into the appropriate accounts. Each $0.51 collected will be deposited into the Grayson Creek Regional Improvement Plan Fund. 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 the Grayson Creek Regional Improvement Plan. Said monies may also be used to reduce the principal or interest of any indebtedness of the drainage area, or the Grayson Creek Regional Improvement Plan Fund. SECTION IX. CREDIT. Drainage fees previously paid shall be credited as follows: A Where drainage fees have been paid under a former drainage fee ordinance based on acreage, fees shall not be required under Section VII for any part of the total area for which the fee was paid, except in the case of a resubdivision. B Where drainage fees have been paid under this ordinance or another drainage fee ordinance based on impervious surface, fees shall not be required under Section Vll';for the total impervious surface area for which the fee was paid. However, fees shall be payable under Section VII for any additional impervious surface area. C Where drainage fees have been paid other than pursuant to an adopted drainage Ordinance No. 2002-36 Page 4 of 5 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 50 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 December 3, 2002, by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DeSAULNIER, GLOVER AND GIOIA NOES: NONE ASSENTNONE I hereby certify that this is a true and correct copy of an action Chair of the Board taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED:_Dr.CEMurR 3, 2g92 JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator Bim , . y Deputy G:1GrpDatalFldCH\Administradon\Board©rders12002 BOK3rd1nances\DA 62,72,78,87,88,89-Ord(12-3).doc 11/19/2002 Ordinance No. 2002-36 Page 5 of 5 ORDINANCE NO. 2002-37 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 78 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 Contra Costa County Flood Control and Water Conservation District Drainage Area 78 is established. SECTION 2 The Board hereby enacts the following as the Drainage Fee Ordinance for Drainage Area 78. SECTION I BOUNDARY MAP. The boundary map entitled "Drainage Area 78 Boundary Map,"dated May 2002, on file with the Clerk of the Board of Supervisors, is established as the boundary for the Contra Costa County Flood Control and Water Conservation District Drainage Area 78 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 future subdivision and developmentof property within said drainage area will have a significant adverse impact on existing and future developments within the Grayson Creek Watershed; that development of property within the drainage area, with its resultant increase in impervious surfaces, will require the construction of facilities described in the Grayson Creek Regional Improvement 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'included in the Engineer's Report; and that the drainage facilities planned are in addition to existing drainage facilities already serving the Grayson Creek Ordinance No. 2002-37 Page 1 of 5 Watershed at the time of the establishment of said drainage area. SECTION 111 EXEMPTIONS. The fee shall not be required for the following. 1)to replace a structure destroyed or damaged by fire, flood, winds or other acts of God, provided the resultant structure has the same, or less impervious surface as the original structure; 2) To modify structures or other impervious surfaces, provided the amount of ground coverage is not increased by more than 100 square feet; 3)To convey land to a government agency, public entity, public utility, or abutting property owner where a new building lot or site is not created as a result of the conveyance; or 4)Any lot or property for which drainage fees have been fully paid previously. SECTION IV FEE DEFERMENT. Can 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 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 Vll. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be $450 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$0.51 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. Ordinance No. 2002-37 Page 2 of 5 SECTION VII. FEE SCHEDULE Unit Measure Building Permit Subdivision Commercial/industrial/Downtown Offices acre 20,970 22,525 Offices (Mediuml acre 17,970 20,085 Offices (Light) acre 15,040 16,950 Multiple Residential(including Mobile Home Parks Less than 2,500 sq. ft. of land per unit acre 16,525 16,525 2,500 - 2,999 unit 980 980 3,000 - 3999 " unit 1,120 1,120 4,000 - 4999 unit 1,305 1,305 5,000 - 5999 unit 1,495 1,495 6,000 - 6,999 unit 1,680 1,680 7,000 - 7999 " unit 1,855 1,855 8,000 + unit 1,950 1,950 Single Family Residential 4,000 -4,999 sq. ft. of land per unit unit 1,370 2,200 5,000 - 5,999 „ unit 1,435 2,290 6,000 - 6999 unit 1,495 2,380 7,000 - 7,999 unit 1,555 2,475 8,000 - 9,999 unit 1,645 2,605 10,000 - 13,999 " unit 1,830 2,870 14,000 - 19,999 unit 2,135 3,305 20,000 - 29,999 unit 2,640 3,965 30,000 - 39,999 " unit 3,280 4,735 40,000 + " unit 3,930 51450 Ordinance No. 2002-37 Page 3 of 5 Agricultural Under 10% of lot impervious Exempt More than 10% of lot impervious 19,995 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 tee 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 V1, 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 distributed into the appropriate accounts. Each $0.51 collected will be deposited into the Grayson Creek Regional Improvement Plan Fund. 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 the Grayson Creek Regional Improvement Plan. Said monies may also be used to reduce the principal or interest of any indebtedness of the drainage area, or the Grayson Creek Regional Improvement Plan Fund. SECTION IX. CREDIT. Drainage fees previously paid shall be credited as follows: A Where drainage fees have been paid under a former drainage fee ordinance based on acreage, fees shall not be required under Section VII for any part of the total area for which the fee was paid, except in the case of a resubdivision. B Where drainage fees have been paid under this ordinance or another drainage fee ordinance based on impervious surface, fees shall not be required under Section 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 Ordinance No. 2002-37 Page 4 of 5 fee ordinance, the dollar amount of the fee paid for the development site in question shall be credited against the fees payable under Section VI1. 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 December 3, 2002, by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DeSAULNIER, GLOVER AND GIOIA NOES: NONE ABSENT:NONE I hereby certify that this is a true and correct copy of an action Chair of the Board taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: DECEMBER 3, 2002 JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator By Deputy G 1GrpData\FldCtltAdmintstration\Board Orders62002 MOrdinances0A 82,72,78,87,88,89-Ord(12-3).doc 1111912002 Ordinance No. 2002-37 Page 5 of 5 ORDINANCE NO. 2002-38 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 87 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 Contra Costa County Flood Control and Water Conservation District Drainage Area 87 is established. SECTION 2 The Board hereby enacts the following as the Drainage Fee Ordinance for Drainage Area 87. SECTION I BOUNDARY MAP. The boundary map entitled "Drainage Area 87 Boundary Map," dated May 2002, on file with the Clerk of the Board of Supervisors, is established as the boundary for the Contra Costa County Flood Control and Water Conservation District Drainage Area 87 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 future subdivision and development of property within said drainage area will have a significant adverse impact on existing and future developments within the Grayson Creek Watershed; that development of property within the drainage area, with its resultant increase in impervious surfaces, will require the construction of facilities described in the Grayson Creek Regional Improvement 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 included in the Engineers Report; and that the drainage facilities planned are in addition to existing drainage facilities already serving the Grayson Creek Ordinance No. 2002n3.8 Page 1 of 5 Watershed at the time of the establishment of said drainage area. SECTION 111 EXEMPTIONS. The fee shall not be required for the following: 1)to replace a structure destroyed or damaged by fire, flood, winds or other acts of God, provided the resultant structure has the same, or less impervious surface as the original structure; 2) To modify structures or other impervious surfaces, provided the amount of ground coverage is not increased by more than 100 square feet; 3)To convey land to a government agency, public entity, public utility, or abutting property owner where a new building lot or site is not created as a result of the conveyance; or 4)Any lot or property for which drainage fees have been fully paid previously. SECTION IV FEE DEFERMENT. On lots greater than two acres in size, the property owner can defer the payment of the fee on the portion of the lot in excess of two acres that is not a required part of the pending development. The deferment of fee is conditional on the property owners granting, as collateral, the development rights to the Board of Supervisors for said area of deferred fee until such time as the fee is paid. SECTION V. BUILDING PERMITS. Except as permitted under Section III and IV, the Contra Costa County or the city official having jurisdiction shall not issue any building permit for construction within the drainage area until the required drainage fee has been paid. For initial construction the fee shall be as set 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 $450 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, wars, patios, etc., the amount of net increase in impervious surface shall be subject to a fee of$0.51 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. Ordinance No. 2002-38 Page 2 of 5 SECTION VII. FEE SCHEDULE Unit Measure Building Permit Subdivision Commercial/industrial/Downtown Offices acre 20,970 22,525 Offices (Mediuml acre 17,970 20,085 Offices {Light) acre 15,040 16,950 Multiple Residential(including Mobile Home Parks Less than 2,500 sq. ft. of land per unit acre 16,525 16,525 2,500 - 2,999 it unit 980 980 3,000 - 3999 " unit 1,120 1,120 4,000 - 4999 unit 1,305 1,305 6,000 - 5999 " unit 1,495 1,495 6,000 - 6,999 " unit 1,680 1,680 7,000 - 7999 unit 1,855 1,855 8,000 + " " unit 1,950 1,950 Single Family Residential 4,000 - 4,999 sq. ft. of land per unit unit 1,370 2,200 5,000 - 5,999 unit 1,435 2,290 6,000 - 6999 " unit ,495 2,380 7,000 - 7,999 " unit 1,555 2,475 8,000 - 9,999 " unit 1,645 2,605 10,000 - 13,999 unit 1,830 2,870 14,000 - 19,999 unit 2,135 3,305 20,000 -29,999 unit 2,640 3,965 30,000 -39,999 unit 3,280 4,735 40,000 + unit 3,930 5,450 Ordinance No. 2002-38 Page 3 of 5 Agricultural Under 10% of lotimpervious exempt More than 10% of lot impervious 19,995 developed portion Can single family kits, 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 distributed into the appropriate accounts. Each $0.51 collected will be deposited into the Grayson Creek Regional Improvement Plan Fund. 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'the,Grayson Creek Regional Improvement Plan. Said monies may also be used to reduce the principal or interest of any indebtedness of the drainage area, or the Grayson Creek Regional Improvement Plan Fund. SECTION IX. CREDIT. Drainage fees previously paid shall be credited as follows: A Where drainage fees have been paid under a former drainage fee ordinance based on acreage, fees shall not be required under Section VII for any part of the total area for which the fee was paid, except in the case of a resubdivision. S 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 Ordinance No. 2002-38 Wage 4 of 5 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 December 3, 2002, by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DeSAULNIER, GLOVER AND GIOIA NOES: NONE ABSENT:NONE I hereby certify that this is a true and correct copy of an action Chair of the Board taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: DECEMBER 3, 2020 JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator By ut)' Gs1GrpData\FldC Mdminlsftbon\Board Orders12002 MOrdinancesTA 82,72,78,87,88,89-Ord(12-3).doc 11/1912002 Ordinance No. 2002-38 Page 5 of 5 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 I to account for inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not require further notice or public hearing. SECTION A 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 December 3, 2002, by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DeSAULNIER, GLOVER AND GIOIA NOES: NONE ABSENT:NONE I hereby certify that this is a true and correct copy of an action Chair of the Board taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: nVrEM'RrR '3- 7009 JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator IQA9,,.�Deputy By— G.\GrpData\FldCgAftinistradm\Board Orders\2002 130\0rdinances0A 62,72,78,87,88,89-W{12-3}.c 11/19/2D02 Ordinance No. 2002-38 Page 5 of 5 ORDINANCE NO. 2002-39 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 88 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 Contra Costa County Flood Control and Water Conservation District Drainage Area 88 is established. SECTION 2 The Board hereby enacts the following as the Drainage Fee Ordinance for Drainage Area 88. SECTION I BOUNDARY MAP. The boundary map entitled "Drainage Area 88 Boundary Map," dated May 2002, on file with the Clerk of the Board of Supervisors, is established as the boundary for the Contra Costa County Flood Control and Water Conservation District Drainage Area 88 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 If FINDINGS. This Board finds and determines that future subdivision and development of property within said drainage area will have a significant adverse impact on existing and future developments within the Grayson Creek Watershed; that development of property within the drainage area, with its resultant increase in impervious surfaces, will require the construction of facilities described in the Grayson Creek Regional Improvement 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 Natal of all fees collectible hereunder does not exceed the estimated total costs of all drainage facilities;included in the Engineer's Report; and that the drainage facilities planned are in addition to existing drainage facilities already serving the Grayson Creek Ordinance No. 2002-39 Page i of 5 Watershed at the time of the establishment of said drainage area. SECTION Ill EXEMPTIONS. The fee shall not be required for the following: 1) to replace a structure destroyed or damaged by fire, flood, winds or other acts of God, provided the resultant structure has the same, or less impervious surface as the original structure; 2) To modify structures or other impervious surfaces, provided the amount of ground coverage is not increased by more than 100 square feet; 3)To convey land to a government agency, public entity, public utility, or abutting property owner where a new building lot or site is not created as a result of the conveyance; or 4)Any lot or property for which drainage fees have been fully paid previously. SECTION IV FEE DEFERMENT. On lots greater than two acres in size, the property owner can defer the payment of the fee on the portion of the lot in excess of two acres that is not a required part of the pending development. The deferment of fee is conditional on the property owners granting, as collateral, the development rights to the Board of Supervisors for said area of deferred fee until such time as the fee is paid. SECTION V. BUILDING PERMITS. Except as permitted under Section IiI and IV, the Contra Costa County or the city official having jurisdiction shall not issue any building permit for construction within the drainage area until the required drainage fee has been paid. For initial construction the fee shall be as set 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 $450 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$0.51-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. Ordinance No. 2002-39 Page 2 of 5 SECTION VII. 'FEE SCHEDULE Unit Measure Building Permit Subdivision Commercial/industrial/Downtown Offices acre 20,870 22,525 Offices (Medluml acre 17,970 20,085 Offices {Light) acre 15,040 16,950 Multiple Residential(Including Mobile Home Parks Less than 2,500 sq. ft. of land per unit acre 16,525 16,525 2,500 - 2,999 " " unit 980 980 3,000 - 3999 unit 1,120 1,120 4,000 - 4999 " unit 1,305 1,305 5,000 - 5999 " " unit 1,495 1,495 6,000 - 6,999 unit 1,680 1,680 7,000 - 7999 " unit 1,855 1,855 8,000 + unit 1,950 1,950 Single Family Residential 4,000 -4,999 sq. ft. of land per unit unit 1,370 2,200 5,000 - 5,999 unit 1,435 2,290 6,000 - 6999 " unit 1,495 2,380 7,000 - 7,999 " unit 1,555 2,475 8,000 - 9,999 " " unit 1,645 2,605 10,000 - 13,999 unit 1,830 2,870 14,000 - 19,999 " " unit 2,135 3,305 20,000 - 29,999 unit 2,640 3,965 30,000 - 39,999 " " unit 3,280 4,735 40,000 + unit 3,930 5,450 Ordinance No. 2002-39 Page 3 of 5 Agricultural Under 10% of lot impervious Exempt More than 10% of lot impervious 19,995 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 shallbe 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 Vlll. 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 distributed into the appropriate accounts. Each $0.51 collected will be deposited into the Grayson Creek Regional Improvement Pian Fund. 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 the Grayson Creek Regional improvement Plan. Said monies may also be used to reduce the principal or interest of any indebtedness of the drainage area, or the Grayson Creek Regional Improvement Plan Fund. SECTION IX. CREDIT. Drainage fees previously paid shall be credited as follows. A Where drainage fees have been paid under a former drainage fee ordinance based on acreage, fees shall not be required under Section VII for any part of the total area for which the fee was paid, except in the case of a resubdivision. B Where drainage fees have been paid under this ordinance or another drainage fee ordinance based on impervious surface, fees shall not be required under Section VI I 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 Ordinance No. 2002-39 Page 4 of 5 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 December 3, 2002, by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DeSAULNIER, GLOVER AND GIOIA NOES: NONE ABSENT: NONE I hereby certify that this is a true and correct copy of an action Chair of the Board taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED:DECEMBER 3:; 2002 JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator / �„ ._ By � ,Deputy G.XUrpDatatFldCUl Admintstratton\Board Orders12002 BC Ord(nances0A 62,72,78,87,88,89-Ord(12-3).doc 11/19/2002 Ordinance No. 2002-39 Page 5 of 5 ORDINANCE NO. 2002-40 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 89 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 Contra Costa County Flood Control and Water Conservation District Drainage Area 89 is established. SECTION 2 The Board hereby enacts the following as the Drainage Fee Ordinance for Drainage Area 89. SECTION I BOUNDARY MAP. The boundary map entitled "Drainage Area 89 Boundary Map," dated May 2002, on file with the Clerk of the Board of Supervisors, is established as the boundary for the Contra Costa County Flood Control and Water Conservation District Drainage Area 89 pursuant to Sections 12.2 and 12.3 of the Contra Costa County Flood Control and Water Conservation District Act (Chapter 83 of West's Appendix of the Water Code). SECTION 11 FINDINGS. This Board finds and determines that future subdivision and developmentof property within said drainage area will have a significant adverse impact on existing and future developments within the Grayson Creek Watershed; that development of property within the drainage area, with its resultant increase in impervious surfaces, will require the construction of facilities described in the Grayson Creek Regional Improvement Plan; that the fees herein provided to be charged are uniformly applied on a square foot of impervious surface basis and falrly 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 included in the Engineer's Report; and that the drainage,facilities planned are in addition to existing drainage facilities already serving the Grayson Creek Ordinance No. 2002-40 Page 1 of 5 Watershed at the time of the establishment of said drainage area. SECTION 111 EXEMPTIONS. The fee shall not be required for the following: 1)to replace a structure destroyed or damaged by fire, flood, winds or other acts of God, provided the resultant structure has the same, or less impervious surface as the original structure; 2) To modify structures or other impervious surfaces, provided the amount of ground coverage is not increased by more than 100 square feet; 3)To convey land to a government agency, public entity, public utility, or abutting property owner where a new building lot or site is not created as a result of the conveyance; or 4)Any lot or property for which drainage fees have been fully paid previously. SECTION IV FEE DEFERMENT. On lots greater than two acres in size, the property owner can defer the payment of the fee on the portion of the lot in excess of two acres that is not a required part of the pending development. The deferment of fee is conditional on the property owners granting, as collateral, the development rights to the Board of Supervisors for said area of deferred fee until such time as the fee is paid. SECTION V. BUILDING PERMITS. Except as permitted under Section Ill 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 $450 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$0.51 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. `Gown house, condominium, and cluster housing type subdivisions creating individual lets 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. Ordinance No. 2002-40 Page 2 of 5 SECTION VII. FEE SCHEDULE Unit Measure Building Permit Subdivision Commercial/Industrial/Downtown Offices acre 20,970 22,525 Offices (Medium, acre 17,970 20,085 Offices (Light) acre 15,040 16,950 Multiple Residential(including Mobile Home Parks Less than 2,500 sq. ft. of land per unit acre 16,525 16,525 2,500 - 2,999 unit 980 980 3,000 - 3999 unit 1,120 1,120 4,000 -4999 unit 1,305 1,305 5,000 - 5999 unit 1,495 1,495 5,000 - 6,999 " " unit 1,680 1,6$0 7,000 - 7999 unit 1,855 1,855 8,000 + unit 1,950 1,950 Single Family Residential 4,000 -4,999 sq. ft. of land per unit unit 1,370 2,200 5,000 - 5,999 " unit 1,435 2,290 6,000 - 6999 unit 1,495 2,380 7,000 - 7,999 " unit 1,555 2,475 8,000 - 9,999 " " ung 1,645 2,605 10,000 - 13,999 " unit 1,$30 2,$70 14,000 - 19,999 " " unit 2,135 3,305 20,000 -29,999 " " unit 2,640 3,965 30,000 -39,999 " " unit 3,280 4,735 40,000 unit 3,930 5,450 Ordinance No. 2002-40 Page 3 of 5 Agricultural Under 10% of lot impervious Exempt More than 10% of lot impervious 19,995 developed portion 4n 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 distributed into the appropriate accounts. Each $0.51 collected will be deposited into the Grayson Creek Regional Improvement Plan Fund. 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 the Grayson Creek Regional Improvement Plan. Said monies may also be used to reduce the principal or interest of any indebtedness of the drainage area, or the Grayson Creek Regional Improvement Plan Fund. SECTION IX. CREDIT. Drainage fees previously paid shall be credited as follows: A Where drainage fees have been paid under a former drainage fee ordinance based on acreage, fees shall not be required under Section VII for any part of the total area for which the fee was paid, except in the case of a resubdivision. B Where drainage fees have been paid under this ordinance or another drainage fee ordinance based on impervious surface, fees shall not be required under Section 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 Ordinance No. 2002-40 Page 4 of 5 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 December 3, 2002, by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DeSAULNIER, GLOVER AND GIOIA NOES: NONE ASSENT:NONE I hereby certify that this is a true and correct copy of an action Chair of the Board taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: DECEMBER 3,_2002 JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator { By Deputy G.\GrpData\FldCgVkdministrabon\Board Orders\2002 BO\OrdinanceslDA 82,72,78,87,88,89-Ord(12-3).doc 11/19/2002 Ordinance No. 2002-40 Page 5 of 5 DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO.: W.O.s; 8211, 8214, & 8215 (Orainage,fta TeeAmendments) CP NO.: 01-36 8173, 8180, 8196, 8205, 8207, 8208 (Orainqe.Area Tbrrnations) ACTIVITY NAME: Drainage Areas 16,446, & 46 Fee Amendments and Drainage Areas 62,72,78,87,88, & 89 Formations DATE: June 18, 2001 PREPARED BY: Trina Torres This activity Is not subject to the California Environmental Quality Act(CEQA) pursuant to Article 5, Section 15061 (b) (3) and this activity Is not a project, as defined In Article 20, k3ectlon 15378 (b) (4) of the CEQA Guidelines, 1 can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. project does not include the creation of government funding mechanisms or other government f€scal activities whichdo not involve any commitment to any specific project which may result in a otentially significant physical impact on the environment. DESCRIPTION OF THE ACTIVITY: The activity consists of repealing the existing drainage fees for Drainage Areas 16,448, &46 and opting new fee ordinances to reflect the updated costs. The activity also consists of forming Crainage Areas 62,72,78,87,88, & 89, under the Contra Costa County Flood Control and Water onservation District Act, as a means for adopting a drainage fee ordinance to secure funds for a s'--?,ill undefined project to solve repeated flooding. These newly formed drainage areas will have ttie same rate as the new fees established for Drainage Area 46. Once the flood reduction project i defined,the Contra Costa County Flood Control and Water Conservation District will conduct a fell CEQA analysis of the project's impacts. his activity will need General Plan Conformance from the Cities of Martinez, Pleasant Hill, it alnut Creek, and Lafayette. L QCATION: Tfe activity is located within central county in the Martinez/Pleasant Hill/Lafayette/Walnut Creek area (Figures 1-=3). Iii=VIEWED BY: DATE: tp liq1t)l V—T— Leigb Chavez Planner Ill ' t DATE: " 0 At.)PROVED BY: Community Development Representative - G;Y} atalEapsvclENV1fto12003 prajec ts'OEQA onty�Det Exernpti DAI:1&44 3-48 Fee Amend DA 82-72-78-87-88-69 Formetlnn.dot� a CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pirie 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 Areas 16,4413, &46 Fee Amendments and Drainage Areas 62,72,78,87,88, & 89 Formations, County File #CP 01-36. Project Description: The activity consists of repealing the existing drainage fees for Drainage Areas 16,44B, & 46 and adopting new fee ordinances to reflect the updated costs. The activity also consists of forming Drainage Areas 62,72,78,87,88,&89, under the Contra Costa County Flood Control and Water Conservation District Act, as a means for adopting a drainage fee ordinance to secure funds for a still undefined project to solve repeated flooding. These newly formed drainage areas will have the same rate as the new fees established for Drainage Area 46. Once the flood reduction project is defined, the Contra Costa County Flood Control and Water Conservation District will conduct a full CEQA analysis of the project's impacts. This activity will need General Plan Conformance from the Cities of Martinez., Pleasant Hill, Walnut Creek, and Lafayette. Project Location; The activity is located within central county in the Martinez/Pleasant Hill/Lafayette/WaI nut Creek area (Figures 1-3). This project is exempt from CEQA as a: t Ministerial Project(Sec. 15268) _ Other Statutory Exemption, Section _,,, Declared Emergency(Sec. 15269(a)) ✓ General Rule of Applicability(Section 16061(b)(3) Emergency Project(Sec. 15269(b)or(c)) ✓ Article 20. Definitions, Section 15378(b)(4) 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.And a project does not include the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact 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 flung date. Signature Title Applicant: County Public works Department 265 Glacier Drive Martinez,CA 94553 Attn: Trina Torres County Clerk Fee$50 Due G.tGrpData\EngSvclENV'IRC31200i projectslcEQA on1y1NOE1DA 16-44B-46 Fee Amend&DA 62-72-78-87-88-89 Formetion.doc 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 Seligren - Public Works Dept. Project Description, Common Name (if any)and Location: Drainage Areas 16,448, &46 Fee Amendments and Drainage Areas 62,72,78,87,88, & 89 Formations, County File #CP 01-36. Project Description: The activity consists of repealing the existing drainage fees for Drainage Areas 16,448, & 46 and adopting new fee ordinances to reflect the updated costs. The activity also consists of forming Drainage Areas 62,72,78,87,88,&89, under the Contra Costa County Flood Control and Water Conservation District Act, as a means for adopting a drainage fee ordinance to secure funds for a still undefined project to solve repeated flooding. These newly formed drainage areas will have the same rate as the new fees established for Drainage Area 46. Once the flood reduction project is defined, the Contra Costa County Flood Control and Water Conservation District will conduct a full CEQA analysis of the project's impacts. This activity will treed General Plan Conformance from the Cities of Martinez, Pleasant Hill, Walnut Creek, and Lafayette. Project Location; The activity is located within central county in the Martinez/Pleasant Hill/Lafayette/Walnut Creek area (Figures 1-3). This project is exempt from CEQA as a: Ministerial Project(Sec. 15268) _ Other Statutory Exemption, Section Declared Emergency(Sec. 15269(a)) ✓ General Rule of Applicability(Section 15061(b)(3) Emergency Project(Sec. 15269(b)or(c)) ✓ Article 20. Definitions, Section 15378 (b)(4) 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.And a project does not include the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact 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. 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