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HomeMy WebLinkAboutMINUTES - 07141992 - H.3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Adopted this Resolution on July 14, 1992, by the following vote: AYES: Supervisors Powers, Fanden, Torlakson and Schroder NOES: None ABSENT: Supervisor McPeak ABSTAIN: None Resolution No. 92/ 470 (West's Water Code App. Ch. 13, Sec. 12.2 and 12.3) SUBJECT: Repeal of Drainage Fee Ordinance No. 83-22, and the Adoption of a new Drainage Fee Ordinance for Drainage Area 29K Oakley Area. Project No. 7569-6D8216. 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 June 2, 1992, this Board set a public hearing to consider the repeal of the existing Drainage Fee Ordinance 83-22 and the adoption of a new drainage fee ordinance to increase drainage fees in Drainage Area 29H. On July 14, 1992, pursuant to the Board's Resolution of June 2, 1992, this Board held a hearing to consider the repeal of Drainage Fee Ordinance 83-22 and adoption of a new drainage fee ordinance. At which time all written and oral objections presented concerning these actions 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 Drainage Area 29H. This Board also FINDS that no written petition for an election, signed by at least twenty-five percent of the registered voters within Drainage Area 29H, has been filed. 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 June 2, 1992. This Board hereby FINDS that the repeal of Drainage Fee Ordinance No. 83-22 and adoption of a new drainage fee ordinance for Drainage Area 29H is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the Act's guidelines. This Board also DIRECTS the Director of Community Development to file a Notice of Exemption with the County Clerk. This Board further AUTHORIZES the Chief Engineer of the Contra Costa County Flood Control and Water Conservation District to arrange for payment of $25.00 to the County Clerk for filing the Notice of Exemption. This Board hereby further FINDS that good cause exists for the adoption of a new drainage fee ordinance for Contra Costa County Flood Control and Water Conservation District Drainage Area 29H,and this Board hereby ENACTS Ordinance No. 92-47 . This Board hereby also REPEALS the existing Drainage Fee Ordinance No. 83-22. Resolution 92/4 70 Repeal Drainage Fee Ordinance No. 83-22 Adoption of Drainage Fee Ordinance for Drainage Area 29H July 14, 1992 Page Two hereby certify that this Is a true and correct copy 3n action taken and entered on the minutes of the 3oard of Supervisors on the date shown. ATTESTED: JW 1 4 19-99 ,. PHIL BATCHELOR,Clerk of the Board of Supervisors and Courdy Administrator By .� PRD:kd C:BO\BORES14.t7 Originator. Public Works (FCE) cc: County Administrator Community Development Building Inspection County Counsel County Assessor County Treasurer - Tax Collector County Auditor - Controller Chief Engineer Flood Control Engineering Accounting Engineering Services Building Industry Association P.O. Box 5160 San Ramon CA 94583 Dennis J. Razzari Davidon Homes 1600 South Maint St #150 Walnut Creek CA 94596 David Lennon The Hofmann Company P.O. Box 907 Concord CA 94522 ORDINANCE NO. 92 -47_ AN ORDINANCE REPEALING ORDINANCE NO. 83-22 OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND ENACTING A NEW DRAINAGE FEE ORDINANCE FOR THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 29H 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. 83-22 of the Contra Costa County Flood Control and Water Conservation District is hereby repealed. SECTION 2. The Board hereby enacts the following as the Drainage Fee Ordinance for Drainage Area 29H: SECTION I. DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 29H, Boundary Map and Amended Drainage Plan", dated October, 1987, on file with the Clerk of the Board of Supervisors, is adopted as the drainage plan for the Contra Costa County Flood Control and Water Conservation District Drainage Area 29H 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 significant adverse impact on existing and future developments; that development of property within the drainage area,with its resultant increase in impervious surfaces, will require the construction of facilities described in the drainage plan; that the fees herein provided to be charged are uniformly applied on a square foot of impervious surface basis and fairly apportioned within said drainage area on the basis of benefits conferred on property upon which additional impervious surfaces in said drainage area are constructed; that the estimated total of all fees collectible hereunder does not exceed the estimated total costs of all drainage facilities shown on the drainage plan; and that the drainage facilities planned are in addition to existing drainage facilities already serving the drainage area at the time of the adoption of the drainage plan. SECTION III. EXEMPTIONS. The fee shall not be required for the following: 1) To replace a structure destroyed or damaged by fire, flood, winds or other 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 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. Ordinance Repealing Ordinance No. 83-22 Page Two 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 PERMTr'S. 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 $383 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$0.45 per square foot, but not to exceed the amount required under Section VII. SECTION VI. SUBDIVISIONS. Except as permitted under Sections III and IV, the subdivider shall pay the drainage fee on the entire proposed subdivision or on each individual unit for which a final or parcel map is filed prior to recordation of said map. Town house, condominium,and cluster housing type subdivisions creating individual lots less than 4,000 square feet shall be treated as multifamily residential and the lot size used in determining the"square feet of land per unit"shall be the lot size prior to subdividing. Except as noted above, the fee for all other subdivisions shall be calculated on an individual lot basis. The fee amount shall be as set forth in Section VII. SECTION VII. FEE SCHEDULE. Development Type Building Permit Subdivision CommercialAndustrial/Downtown Office $18,505 /acre $19,875 /acre Office (Medium) $15,860 /acre $17,720 /acre Office (Light) $13,270 /acre $14,960 /acre Multifamily Residential (Includes Mobile Home Parks) Less than 2,500 sq. ft. of land per unit $14,580 /acre $14,580 /acre 2500 to 2999 sq. ft. of land per unit $865 /unit $865 /unit 3000 to 3999 sq. fL of land per unit $990 /unit $990 /unit 4000 to 4999 sq. ft. of land per unit $1,150 /unit $1,150 /unit 5000 to 5999 sq. ft. of land per unit $1,320 /unit $1,320 /unit 6000 to 6999 sq. ft. of land per unit $1,480 /unit $1,480 /unit 7000 to 7999 sq. ft. of land per unit $1,640 /unit $1,640 /unit 8000+ sq. ft. of land per unit $1,720 /unit $1,720 /unit Ordinance Repealing Ordinance No. 83-22 Page Three Development Type Building Permit Subdivision Single Family Residential 4000 to 4999 sq. ft. of land per unit $1,210 /unit $1,940 /unit 5000 to 5999 sq. ft. of land per unit $1,265 /unit $2,020 /unit 6000 to 6999 sq. ft. of land per unit $1,320 /unit $2,100 /unit 7000 to 7999 sq. ft. of land per unit $1,375 /unit $2,185 /unit 8000 to 9999 sq. ft. of land per unit $1,455 /unit $2,300 /unit 10000 to 13999 sq. ft. of land per unit $1,615 /unit $2,535 /unit 14000 to 19999 sq. ft. of land per unit $1,885 /unit $2,915 /unit 20000 to 29999 sq. ft. of land per unit $2,330 /unit $3,495 /unit 30000 to 39000 sq. ft. of land per unit $2,895 /unit $4,175 /unit 40000+ sq. ft. of land per unit $3,470 /unit $4,810 /unit Agricultural Under 10% of lot impervious EXEMPT More than 10% of lot impervious $17,640 /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 multifamily residential (including mobile home parks) the "square feet of land per unit" shall be the quotient obtained by dividing the lot size in square feet by the number of dwelling units proposed to be on the lot. SECTION VIII. FEE PAYMENT. The official having jurisdiction may accept cash or check, or, when authorized by the District's Chief Engineer, other consideration such as actual construction of a part of the planned drainage facilities by the applicant or his principal. All fees collected hereunder shall be deposited in the County Treasury to the account of the drainage facilities fund established for the drainage area. Monies in said 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 used to reduce the principal or interest of any bonded indebtedness of the drainage area. SECTION IX: CREDIT. Drainage fees previously paid shall be credited as follows: a) Where drainage fees have been 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 Ordinance Repealing Ordinance No. 83-22 Page Four for the total impervious surface area for which the fee was paid. However, fees shall be payable under Section VII for any additional impervious surface area. c) Where drainage fees have been paid other than pursuant to an adopted drainage fee ordinance, the dollar amount of the fee paid for the development site in question shall be credited against the fees payable under Section VII. SECTION X. EFFECTIVE DATE. This ordinance becomes effective 60 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 area. PASSED AND ADOPTED ON July 14, 1992 by the following vote: AYES: Supervisors Powers, Fanden, Torlakson and Schroder NOES: None ABSENT: Supervisor McPeak Chair of the KIB3oard— ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By Deputy FORP.f APPROVED PRD:kd VICTOR-'. W:CT'1,;"N Con Co nsei C:B0\0RD83.t4 8y Deputy .