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HomeMy WebLinkAboutMINUTES - 06221993 - 1.35 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 June 22, 1993, by the following vote: '. AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 93/ 369 (West's Water Code App. Ch. 63, Sec. 12.2 and 12.3) SUBJECT: Notification of Hearing to Consider the Repeal of Drainage Fee Ordinance No. 85-34 and Adoption of a new Drainage Fee Ordinance for Drainage Area 48D, West Pittsburg Area. Project No. 7573-6138217 The Board of Supervisors of Contra Costa County, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District, RESOLVES THAT: The. Contra Costa County Flood Control and Water Conservation District Act, hereinafter referred to as Act, provides authority for the filing of supplementary, amendatory and additional engineer's reports and for the adoption of drainage fee ordinances. This Board has before it for consideration the adoption of the proposed new drainage fee ordinance for Drainage Area 48D, which is attached hereto and marked Exhibit "A," providing for payment of the increased cost of the facilities described in said drainage plan. This Board also has before it the engineer's report, entitled 'Engineer's Report for the Repeal of Ordinance 85-34 and the Adoption of a New Drainage Fee Ordinance for the Contra Costa County Flood Control and Water Conservation District Drainage Area 48D." Said documents which provide an updated estimate of the cost of the facilities to be borne by property in the drainage area, are on file with, and may be examined at, the office of the Clerk of the Board of Supervisors, Administration Building, Martinez, California. It is proposed that the existing drainage fee Ordinance No. 85-34 be repealed and that the attached drainage fee ordinance be adopted. At 11 a.m. on August 3, 1993, in the Chambers of the Board of Supervisors, Administration Building, Martinez, California, this Board will conduct a public hearing on the proposed repeal of the existing drainage fee ordinance and adoption of the new drainage fee ordinance. At said hearing this Board will consider and will hear and pass upon any and all written or oral objections to the proposed action. Upon conclusion of the hearing, the Board may abandon the proposed repeal of the existing drainage fee ordinance and adoption of a new drainage fee ordinance or proceed with the same. The Clerk of this Board is DIRECTED to publish a Notice of the Hearing, pursuant to Government Code Section 6066, once a week for two (2) successive weeks prior to the hearing in the Daily Ledger Post Dispatch, a newspaper of general circulation, circulated in Drainage Area 48D. Publication shall be completed at least seven (7) days before said hearing and said notice shall be given for a period of not less than twenty (20) days. The Clerk of the Board is further DIRECTED to mail a copy of the Notice of Public Hearing to any interested party who has filed a written request for mailed notice with the Clerk of the Board or with the District, as provided by Government Code Sections 54986(a) and 66016(a). Said mailing shall be performed at least fourteen (14) days prior to the hearing. Resolution 93/ 369 Notification of Hearing for Repeal of Drainage Fee Ordinance NO. 85-34 Adoption of Drainage Fee Ordinance for Drainage Area 48D June 22, 1993 Page Two hereby certify that this is a true and correct copy if an action taken and enteee3d on the minutes of the 3oard of Supervisors( on the date shown, ATTESTED: JUN 2 2 1993 PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator By �11��i. n �LerriLt ,Deputy SC:kd C:BO\BORES22.t6 . Contact: P. Harrington 313-2270 Originator: Public'Works Department (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 David Lennon Hofman Company P.O. Box 907 Concord, CA 94522 Dennis J. Razzari Davidon Homes 1600 S. Main Street #150 Walnut Creek, CA 94596 EXHIBIT A ORDINANCE NO. 93/ AN ORDINANCE REPEALING ORDINANCE NO.:$5-34 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 48D The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Flood Control and Water Conservation District does ordain as follows: SECTION 1. Ordinance No. 85-34 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 48D: SECTION I. DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 48D, Boundary Map and Drainage Plan", dated March 15, 1985, 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 48D 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 or included in the Engineer's Report; and that the drainage facilities planned are in addition to existing drainage facilities already serving the drainage area at the time of the adoption of the drainage plan. SECTION III. EXEMPTIONS. The fee shall not be required for the following: 1) To replace a structure destroyed or damaged by fire,flood, winds or other act of God, provided the resultant structure has the same, or less impervious surface as the original structure; 2) To modify Ordinance Repealing Ordinance No. 85-34 Page Two 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 $465 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 $0.54 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 Commercial/Industrial/ $22,205 /acre $23,850 /acre Downtown Office Office (Medium) $19,030 /acre $21,265 /acre Office (Light) $15,925 /acre $17,950 /acre ORDINANCE NO. 931 Ordinance Repealing Ordinance No. 85-34 Page Three Multifamily Residential (Includes Mobile Home Parks) .;,. Less than 2,500 sq. ft. of land per unit $17,495 /acre $12,495 /acre 2500 to 2999 sq. ft. of land per unit $ 1,035 /unit $ 1,035 /unit 3000 to 3999 sq. ft. of land per unit $ 1,190 /unit $ 1,190 /unit 4000 to 4999 sq. ft. of land per unit $ 1,380 /unit $ 1,380 /unit 5000 to 5999 sq. ft. of land per unit $ 1,580 /unit $ 1,580 /unit 6000 to 6999 sq. ft. of land per unit $ 1,775 /unit $ 1,775 /unit 7000 to 7999 sq. ft. of land per unit $ 1,965 /unit $ 1,965 /unit 8000+ sq. ft. of land per unit $ 2,065 /unit $ 2,065 /unit Development Type Building Permit Subdivision Single Family Residential 4,000 to 4,999 sq. ft. of land per unit $1,455/unit $2,325/unit 5,000 to 5,999 sq. ft. of land per unit $1,515/unit $2,425/unit 6,000 to 6,999 sq. ft. of land per unit $1,580/unit $2,520/unit 7,000 to 7,999 sq. ft. of land per unit $1,645/unit $2,620/unit 8,000 to 9,999 sq. ft. of land per unit $1,745/unit $2,760/unit 10,000 to 13,999 sq. ft. of land per unit $1,940/unit $3,040/unit 14,000 to 19,999 sq. ft. of land per unit $2,265/unit $3,500/unit 20,000 to 29,999 sq. ft. of land per unit $2,795/unit $4,195/unit 30,000 to 39,999 sq. ft. of land per unit $3,470/unit $5,010/unit 40,000+ sq. ft. of land per unit $4,165/unit $5,775/unit AGRICULTURAL Under 10 percent of lot impervious EXEMPT More than 10 percent of lot impervious $21,170/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. ORDINANCE NO. 93/ Ordinance Repealing Ordinance No. 85-34 Page Four 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 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 "Daily Ledger Post Dispatch" a newspaper published in this area. PASSED AND ADOPTED ON by the following vote: AYES: NOES: ABSENT: ORDINANCE NO. 93/ Ordinance Repealing Ordinance No. 85-34 Page Five : Y Chair of the Board ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By Deputy SC:kd C:BO\DA48D.t5 ORDINANCE NO. 93/ ENGINEER'S REPORT FOR THE REPEAL OF DRAINAGE FEE ORDINANCE 85-34 FOR CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 48D Prepared by Sam Choi Contra Costa County Flood Control and Water Conservation District 255 Glacier Drive Martine4CA 94553 May, 1993 1. RECOMMENDATION It is recommended that: a. The existing Drainage Fee Ordinance No. 85-34 for Drainage Area 48D be repealed and that; b. A new drainage fee ordinance reflecting cost increases be adopted. 2. GENERAL Drainage area 48D was formed and a fee ordinance was adopted in 1985. Since that time,inflation has made the current fee inadequate to complete the drainage facilities outlined in the Drainage Plan. 3. DRAINAGE AREA LOCATION AND DESCRIPTION Drainage area 48D is located in the West Pittsburg area. Its approximate boundaries are the Sacramento-Northern Railroad to the north, Cleveland Avenue to the east, State Highway 4 to the south, and Clearland Drive to the west. The exact boundary is shown on Contra Costa County Flood Control and Water Conservation District Drawing No. D-12438. The drainage area contains approximately 330 acres. The land use in the area is predominately single family residential. However, some high density multifamily residential use is planned west of Bailey Road and some light industrial use is planned adjacent to the Sacramento-Northern Railroad. The Sacramento-Northern Railroad, shown on the drainage plan, is now the Union Pacific Railroad. 4. REASONS FOR FEE ORDINANCE CHANGE The fee ordinance now in effect was adopted in 1985. Since that time, construction costs and land values in the area have risen considerably. The revenue to be generated by the current drainage fee of$0.35 per square feet of impervious surface area is not sufficient to complete the proposed drainage facilities in the Drainage Plan of DA 48D. The new fee ordinance proposed for Drainage Area 48D is based on the projected future construction costs and land costs. 5. COST ESTIMATE A detailed cost estimate of the drainage facilities to be constructed is attached as Appendix-A. In order to determine the new fee, the project cost was projected to 1998 prices using three percent annual inflation rate, then the debt and outstanding reimbursement were added to the projected total cost. The total cost is broken down as following: 1993 Dollars Construction $348,500 Utility relocation 341900 Right-of-Way 3100 Administration & Engineering 927200 Contingencies 48,700 Total Project Cost (1993 Dollars) $5567100 The total cost projected to the 1998 price at three percent annual inflation rate $644,700 Debt $160,200 Total Required Fund $8047900 6. CALCULATION OF NEW FEE The proposed new fee, $0.54 per square feet of impervious surface, was calculated by dividing the total required fund ($804,900) by the total amount of impervious surface area (1,496,775) expected to be created within Drainage Area 48D. The development type and densities are based on the County General Plan for the area. Drainage Area 48D contains about 330 acres. Out of this 330 acres, the remaining area to be developed in the future is approximately 61 acres. The impervious surface area to be created from future development is calculated as follows: Impervious Surface Development Type r Area, Square Feet Commercial & industrial 847,465 Single Family Residential 527,710 Multi-Family Residential 121,600 TOTAL 174967775 The proposed new drainage fee schedule is attached as Appendix B. 7. CALIFORNIA ENVIRONMENTAL QUALITY ACT Because the update of the existing drainage fee ordinance for Drainage Area 48D is considered an administrative action, it does not fall under the regulation of the California Environmental Quality Act pursuant to Section 15061(b)(3) of the Act's guidelines. APPENDIX A COST ESTIMATE LINE B 1. 48" CIPP 620 LF $ 60 $37,200 2. 30" RCP 650 LF $ 75 $48,750 3: 30" CIPP 690 LF $ 38 $26,220 4. Type II MH. 3 EA $ 2,500 $ 7,500 5. Type III MH 1 EA $ 3,750 $ 3,750 6. Type C Inlet 1 EA $ 1,250 $ 1,250 7. Utility Relocation IS $12,500 8. Pipeline Right-of- 0.3 AC $60,000 $18,000 Way LIlVE C 9. 36" CIPP 300 LF $ 45 $13,500 10. 30" CIPP 55 LF $ 38 $ 2,090 11. Type 1I MH 1 EA $ 2,500 $ 2,500 12. Type C Inlet 1 EA $ 1,250 $ 1,250 13. Utility Relocation LS $ 1,900 14. Pipeline Right-of- 0.08 AC $60,000 $ 4,800 Way LINE D 15. 36" CIPP 300 LF $ 45 $13,500 16. 30" CIDP 350 LF $ 38 $139300 17. Type II MH 4 EA $ 27500 $10,000 18. Utility Relocation LS $ 3,700 19. Pipeline Right-of- 0.15 AC $602000 $ 9,000 Way LINE AA 20. 60" RCP 790 LF $ 135 $1061650 21. 60" RCP (Jacked) 60 LF $ 600 $ 36,000 22. Type III MH 3 EA $39750 $ 11,250 23. Type C Inlet 3 EA $17250 $ 39750 24. Clearing & Grubbing LS $ 10,000 25. Utility Relocation LS $167800 ATTENDIX A - CONTINUED 26. Miscellaneous Development Cost $14,600 27. Agency Inspection Cost $10,500 28. Engineering and Administration Costs $38,000 29. Right-of-Way Acquisition, Labor and Legal Costs $ 4,800 30. Utility Relocation Coordination and Engineering $ 3,500 31. Ordinance Administration $ 4,900 32. District Cost for Coordination and Engineering $ 9,700 33. District Cost for Ordinance Update $ 3,400 34. Cost Reimbursement to Collecting Agencies $ 2,800 35. Contingencies $48,700 Total Project Cost (1993 Dollar) $556,100 Total Project Cost Projected to 1998 at 3% Annual Inflation Rate $644,700 SC:kd c:EngRpt48.t5 APPENDIX B Drainage Area 48D Fee Schedule Fee: $0.54/sq.ft. Development Type Building Permit Stibdivision Commerical/Industrial/Downtown Office $22,205 /acre $23,850 /acre Office(Medium) $191030 /acre $21,265 /acre Office(Light) $15,925 /acre $17,950 /acre Multifamily Residential (Includes Mobile Home Parks) Less than 2,500 sq.ft.of land per unit $17,495 /acre $17,495 /acre 2500 to 2999 sq.ft.of land per unit $1,035 /unit $1,035 /unit 3000 to 3999 sq.ft.of land per unit $1,190 /unit $1,190 /unit 4000 to 4999 sq.ft.of land per unit $1,380 /unit $12380 /unit 5000 to 5999 sq.ft.of land per unit $1,580 /unit $1,580 /unit 6000 to 6999 sq.ft.of land per unit $1,775 /unit $1,775 /unit 7000 to 7999 sq.ft.of land per unit $17965 /unit $1,965 /unit 8000+ sq.ft.of land per unit $2,065 /unit $2,065 /unit Single Family Residential -- 4000 to 4999 sq.ft.of land per unit $1,455. /unit $2,325 AMR 5000 to 5999 sq.ft.of land per unit $1,515 /unit $2,425 /unit 6000 to 6999 sq.ft.of land per unit $1,580 /unit $2,520 /unit 7000 to 7999 sq,ft.of land per unit $1,645 /unit $2,620 /unit 8000 to 9999 sq.ft.of land per unit $1,745 /unit $2,760 /unit 10000 to 13999 sq,ft.of land per unit $17,940 /unit $3,040 /unit 14000 to 19999 sq.ft.of land per unit $2,265 /unit $31500 /unit 20000 to 29999 sq.ft.of land per unit $2,795 /unit $47195 /unit 30000 to 39000 sq.ft.of land per unit $3,470 /unit $5,010 /unit 40000+ sq.ft.of land per unit $4,165 /unit $5,775 /unit Agricultural Under 10%of lot impervious EXEMPT More than 10%of lot impervious $21,170 /acre of developed portion