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HomeMy WebLinkAboutMINUTES - 07161985 - 1.43 CORRECTED COPY! PLEASE DES- PREVIOUS ISSUE HOAR OF SIIF ERVISM of 00?M COSM COMM, CRLIPOFKM Adopted this Order on July 16, 1985 by the following vote: AYES: Supervisors Powers , Torlakson and Fanden NOES: None ABSENT: Supervisors Schroder and McPeak RESOLUTION No. 8 /403 p (West's Water Code App. - None Ch.63, Sec.12.2 and 12.3) SUBJECT: Notification of Hearing to Consider the Repeal of Drainage Fee Ordinance No. 82-10, and to Adopt a new Drainage Fee Ordinance Increasing Drainage Fees for Drainage Area 56, Antioch Area. Project #7566-6D8209. The Board of Supervisors of Contra Costa County, as the Governing Board of the Contra Costa County Flood Control and Water Conservation- District, RESOLVES THAT: The Contra Costa County Flood Control and Water Conservation District Act, hereinafter referred to as Act, provides authority for said governing board to enact drainage fee ordinances. This Board has before it for consideration the proposed new drainage fee ordinance reflecting an increase in drainage fees as described in Exhibit "B", attached hereto and incorporated herein by reference. The proposed action does not constitute a project under the California Environmental Quality Act, therefore it is not subject to the requirements of said Act. A drainage plan entitled "Drainage Area 56 Boundary Map and Drainage Plan," dated October 6, 1981 was instituted and a drainage fee ordinance, providing for all or part payment of the facilities described in said drainage plan, was adopted by this Board on January 5, 1982 by Resolution No. 82/22. It is proposed that the drainage fee ordinance be repealed and a new drainage fee ordinance reflecting the increased cost of inprovements be adopted. At 10:30 a.m. on Aug .27 , 1985, in the Chambers of the Board of Supervisors, Administration Building, Martinez, California, this Board will conduct a public hearing on the proposed adoption of the attached drainage fee. ordinance. At said hearing this Board will consider and will hear and pass upon any and all written or oral objections to the adoption of the attached drainage fee ordinance. Upon conclusion of hearing, the Board may abandon the proposed adoption of the attached drainage fee ordinance, or proceed with the same. • The Clerk of this Board is DIRECTED to publish a Notice of the Hearing, pursuant to Government Code Section 6066, once a week for two (2) successive weeks prior to the hearing in the "Antioch Daily Ledger", a newspaper of general circulation, circulated,in the area of Drainage Area 56. Publication shall be completed at least seven (7) days before said hearing and said notice shall be given for a period of not less than twenty (20) days. RESOLUTION NO. 85/ 403 The exterior boundaries of said Drainage Area include lands within the sphere of influence of the City of Antioch. The Clerk of this Board is DIRECTED to forward to the governing body of said City a copy of this Resolution at least twenty (20) days before the above noted hearing. I hereby certify ths.this is a true and correct copy of an action taken andentered on the minutes of the Board of Supervisors on the date shown. ATTESTED. JUL1985 PHIL BATCHELOR, Cleric of tho Board of Supervisors and County Administrator r By , Deputy- Orig. Dept: Public Works Department Flood Control Planning cc: County Administrator Community Development Department Building Inspection County Counsel County Assessor County Treasurer — Tax Collector County Auditor — Controller Public Works Director Flood Control Planning Land Development Accounting Ralph Garrow, Inc. P.O. Box 367 Antioch CA 94509 Building Industry Association of Northern California 1280 Boulevard Way Walnut Creek, CA 94595 City of Antioch P. 0. Box 130 Antioch, CA 94509 UK:gn uk:da56.relnot.t5 RESOLUTION NO. 85/403 EXHIBIT "B" .E ORDINANCE NO. 851 AN ORDINANCE REPEALING ORDINANCE NO. 82-10 OF THE CONTRA COSTA COUNTY FLOOD CONPROL AND WATER CONSERVATION DISTRICT AND SUBSTITUTING A NEW DRAINAGE FEE ORDINANCE FOR THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 56 - s.- 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. 82-10 of the Contra Costa County Flood Control and Water Conservation District is hereby repealed. SECTION 2. The Board enacts the following as the drainage fee ordinance for Drainage Area 56: SECTION I. DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 56, Boundary Map and Drainage Plan", dated October 6, 1981, on file with the Clerk of the Board of Supervisors, is adopted as the drainage plan for Drainage Area 56 pursuant to Sections 12.2 and 12.3 of the Contra Costa County Flood Control and Water Conservation District Act (Chapter 63 of West's Appendix to the Water Code). SECTION II. FINDINGS. This Board finds and determines that said drainage area has inadequate drainage facilities, that future subdivision and development of property within said drainage area will have a signifi- cant adverse impact on past and future developments, that development of property within the drainage area with its resultant increase in impervious surfaces will require construction of the facilities described in the drainage plan, that the fees herein provided to be charged are uniformly applied on a square foot of impervious surface basis and fairly apportioned within said drainage area on the basis of benefits conferred on property upon which additional impervious surfaces in said drainage area are constructed, that the estimated total of all fees collectible hereunder does not exceed the estimated total costs of all drainage facilities shown on the drainage pian, and that the drainage facilities planned are in addition to existing drainage facilities serving the drainage area at the time of the adoption of the drainage plan. SECTION III. EXEMPTIONS. The fee shall not be required for the following: 1) To replace a structure destroyed or damaged by fire, flood, winds or other act of God, provided the resultant structure has the same, or less impervious surface as the original structure; 2) To modify structures or other impervious surfaces, provided the amount of ground coverage is not increased more than 100 square feet; 3)' To convey land to a government agency, public entity, public utility, or abutting property owner where a new building lot or site is not created as a result of the conveyance; or 4) Any lot or property for which drainage fees have been fully paid previously. SECTION IV. FEE DEFERMENT. On 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. ORDINANCEf Page 1 of 3 SECr[ON V. BUILDING PERMITS. Except as permitted under Section III and IV, the Contra Costa County or the city official having jurisdiction shall not issue any building permit for construction within the drainage area until the required drainage fee has been paid. For initial construc- tion the fee shall be as set forth in Section VII. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be $290 per pool. For other construction, modifications* or replacements to an existing facility that causes an increase in impervious` surface,_..including but not limited to driveways, walks, patios etc. , the amount of net increase in.. inpervious surface shall be subject to a fee of 34 cents per square foot, but not to exceed the amount required under Section VII. SECTION VI. SUBDIVISIONS. Except as permitted under Sections III and IV, the subdivider shall pay the drainage fee on the entire proposed subdivi- sion or on each individual unit for which a final or parcel map is filed prior to recordation of said map. Town house, condominium, and cluster housing type subdivisions creating individual lots less than 4,000 square , feet shall be treated as multi-family residential and the lot size used in determining the "square feet of land per unit" shall be the lot size prior to subdividing. Except as noted above, the fee for all other subdivisions shall be calculated on an individual lot basis. The fee amount shall be as set forth in Section VII. SECTION VII. FEE SCHEDULE Building Permit Subdivision Commercial/industrial/Dow 2-0- a-cre ntown Office $13,980/acre $15,0 7 Office (Medium) : 11,980/acre 13,390/acre Off ice (Light); 10,025/acre 11,300/acre Multifamily Residential (including Mobile Home Parks) Less than 2,500 sq. ft. of land per unit 11,015/acre 11,015/acre 2,500 to 2,999 655/unit 655/unit 3,000 to 3,999 748/unit 748/unit 4,000 to 4,999 870/unit 870/unit 5,000 to 5,999 995/unit 995/unit 6,000 to 6,999 1,120/unit 1,120/unit 7,000 to 7,999 1,240/unit 1,240/unit 8,000+ 1,300/unit 1000/unit Single Family Residential: 4,000 to 4,999 sq. ft. of land per unit 915/unit 1,465/unit 5,000 to 5,999 955/unit 1,525/unit 6,000 to 6,999 995/unit 1,590/unit 7,000 to 7,999 1,037/unit 1,650/unit 8,000 to 91499 1,100/unit 1,735/unit 10,000 to 13,999 1,220/unit 1,915/unit 14,000 to 19,999 1,425/unit 2,205/unit 20,000 to 29,999 1,760/unit 2,640/unit 36,000 to 39,999 2,195/unit 3,155/unit 40,000+ 2,620/unit 3,635/unit Agricultural: Under 10% of lot impervious Exempt More than 10% of lot impervious $13,330/acre of developed portion On single family lots, barns and sheds in excess of 400 square feet and tennis and sports courts shall not be considered as incidental residential facilities included in the above fee schedule. The drainage fee for the portion of these facilities in excess of 400 square feet shall be calculated using the square foot fee in Section V, and it shall be in addition to the above fee amounts. For the purpose of this ordinance, subject to Section VI, lot size shall be: (1) for existing lots, that land shown on the latest equalized assessment roll As a lot; or (2) for new subdivision lots, that land shown on the final or parcel map as a lot. The fee amounts under "Single Family Residential" shall apply to lots containing only one dwelling unit. For ORDINANCE Page 2 of 3 R ZfsVY F multifamily residential (including. mobile home parks) the "square feet of land per unit" shall be the quotient obtained by dividing the lot size in square feet by the number of dwelling units proposed to be on the lot. SECTION VIII. FEE PAYMENT. The official having jurisdiction may accept cash or check, or, when authorized by the District's Chief Engineer,- other consideration such as actual construction of a part of the planned drainage facilities by the applicant or his principal. All fees collected, hereunder shall be paid into the County Treasury to the account of the- drainage facilities fund established for the drainage area. Monies in said fund shall be expended solely for land acquisition, construction, engineering, administration, repair, maintenance and operation or reimbursement for the same, in whole or in part, of planned drainage facilities within the drainage area or to reduce the principal or interest of any banded indebtedness of the drainage area. SECTION IX: CREDIT. Drainage fees previously paid shall be credited as follows: a) Where drainage fees have been partially paid under a former Ordinance, fees shall not be required for any part of the total area for which the fee was paid. b} Where drainage fees have been paid other than pursuant to an adopted drainage fee ordinance, credit shall be given for the dollar amount of the fee paid for the development site. c) Where drainage fees have been paid pursuant to this ordinance or other ordinance based on impervious surface, the credit shall be based on the ordinance in effect at the time of the additional payment. SECTION X. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of supervisors voting for and against it in the Antioch Daily Ledger, a newspaper published in this county. PASSED AND ADOPTED ON , by the following vote: AYES: NOES: ABSENT: Chairman of the Board ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator ey Deputy uk:gn uk:da56.exhb.t5 f ORDINANCE � f Page 3 of 3