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HomeMy WebLinkAboutMINUTES - 03011994 - H.1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODY OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Adopted this Resolution on March 1, 1994, by the following vote: AYES: Supervisors Smith, Bishop, McPeak, Torlakson and Powers NOES: NOne ABSENT: None ABSTAIN: None RESOLUTION NO. 94/129 (West's Water Code App. Ch. 63, Sec. 12.2 and 12.3) SUBJECT: The Establishment of Drainage Area 76, the Institution of a Drainage Plan, and the Adoption of a Drainage Fee Ordinance and Credit and Reimbursement Policy, Alamo Area. Project No. 7605-6F8176. 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 January 11, 1994, this Board set a public hearing to consider establishing Drainage Area 76, to institute a drainage plan and to adopt a drainage fee ordinance for said drainage area. On March 1, 1994, pursuant to the Board Resolution of January 11, 1994, this Board held a hearing to consider the establishment of said drainage area, the institution of a drainage plan and the adoption of a drainage fee ordinance. At that time all written and oral objection presented concerning these actions were considered. This Board hereby 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 twenty-five percent of the registered voters within the proposed drainage area, 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 January 11, 1994. This Board has received no resolution or ordinance adopted by an affected city requesting the exclusion of territory from the proposed drainage area. Pursuant to Government Code Section 66001(a), the Board FINDS that the purpose of the drainage fees described in this resolution is to generate monies to finance the construction of drainage improvements within the proposed drainage area. The fees will be used to finance the drainage improvements listed in the drainage plan and described in the engineer's report. As discussed in more detail in said report and in the "Report on Impervious Surface Drainage Fee Ordinance, dated January 1982, the types of development that are subject.to the fees will generate additional impervious surfaces and storm water runoff within said drainage area, 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. RESOLUTION NO. 94/ 129 Establishemnt of Drainge Area 76 March 1, 1994 Page Two This Board has considered the Negative Declaration for the proposed drainage area, together with all comments received. This .Board hereby ADOPTS the Negative Declaration in compliance with the California Environmental Quality Act, and FINDS, based on the initial study and any comments received, no substantial evidence that the project may have a significant effect on the environment. This Board hereby DIRECTS the Chief Engineer of the Contra Costa County Flood Control and Water Conservation District to arrange the $1,250 Fish and Game filing fee to be transferred to the County Clerk. This Board hereby DIRECTS the Director of Community Development to file a Notice of Determination. This Board further AUTHORIZES the Chief Engineer of the Contra Costa County Flood Control and Water Conservation District to arrange payment of$25 to the County Clerk for filing of the Notice of Determination. This Board also hereby FINDS that good cause exists for the establishment of the aforesaid drainage area and ORDERS that Contra Costa County Flood Control and Water Conservation District Drainage Area 76 be ESTABLISHED, consisting of the real property described in the Exhibit "A" attached hereto. The drainage plan, as shown on the map entitled"Drainage Area 76 Boundary Map and Drainage Plan,"dated May 1993, proposed to be instituted for Drainage Area 76 and on file with the Clerk of the Board of Supervisors, Administration Building, Martinez, California, is hereby INSTITUTED. This Board hereby ENACTS Ordinance No. 94-20 establishing drainage fees in said drainage area and adopts the Drainage Area Credit Policy for Drainage Area 76 dated March 1994. MM/HF:pe c:1BO\DA76-1.t3 Orig. Dept.: Public Works(FCE) Contact: M. Morton,313-2285 cc: Building Inspection Community Development n actio certify andhat n is on the minutesect )p of he County Administrator 808rd� ken and entered on theSupffwfn of the n. County Assessor ATTESTED: IDDM County Auditor-Controller PHIL BATCHELOR.Clerk of the Board County Counsel of Supervisors and Co my Administrator County Treasurer-Tax Collector , Accounting By Deputy Chief Engineer Design-Environmental Section Engineering Services Building Industry Association P.O. Box 5160 San Ramon,CA 94583 City of Walnut Creek David Lennon Hofrrian Company P.O. Box 907 - Concord,CA 94522 Dennis J.Razzari Davidon Homes 1600 Sourt Main Street,No. 150 Walnut Creek,CA 94596 Richard W.Jensen Braddock and Logan Associates 4155 Blackhawk Plaza Circle,Suite 201 Danville,CA 94526 ORDINANCE NO. 9 4-2 0 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 76 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 I. DRAINAGE PLAN. The drainage plan and map entitled"Drainage Area 76, Boundary Map and Drainage Plan," dated May, 1993, 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 76 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 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. Formation of Drainage Area 76 Page 2 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, Contra Costa County or the city official having jurisdiction shall not issue ahy 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 $620 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$0.70 per square foot, but not to exceed the amount required under Section VII. SECTION VL 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 TWe BuildingP_ ermit Subdivision Commercial/IndustriaJ/Downtown Office $28,785/acre $30,920/acre Office (Medium) $24,670/acre $27,565/acre Office (Light) $20,645/acre $23,270/acre Multifamily Residential (Includes Mobile Home Parks) Less than 2,500 sq. ft. of land per unit $22,680/acre $22,680/acre . 2500 to 2999 sq. ft. of land per unit $ 1,345/unit $ 1,345/unit 3000 to 3999 sq. ft. of land per unit $ 1,540/unit $ 1,540/unit 4000 to 4999 sq. ft. of land per unit $ 1,790/unit $ 1,790/unit 5000 to 5999 sq. ft. of land per unit $ 2,050/unit $ 2,050/unit 6000 to 6999 sq. ft. of land per unit $ 2,305/unit $ 2,305/unit 7000 to 7999 sq. ft. of land per unit $ 2,550/unit $ 2,550/unit 8000+ sq. ft. of land per unit $ 2,675/unit $ 2,675/unit Formation of Drainage Area 76 Page 3 Development Tyke Building Permit Subdivision Single Family Residential 4000 to 4999 sq. ft. of land per unit $ 1,885/unit $ 3,015/unit 5000 to 5999 sq. ft. of land per unit $ 1,965/unit $ 3,145/unit 6000 to 6999 sq. ft. of land per unit $ 2,050/unit $ 3,270/unit 7000 to 7999 sq. ft. of land per unit $ 2,135/unit $ 3,395/unit 8000 to 9999 sq. ft: of land per unit $ 4260/unit $ 3,575/unit 10000 to 13999 sq. ft. of land per unit $ 2,515/unit $ 3,940/unit 14000 to 19999 sq. ft. of land per unit $ 2,935/unit $ 4,535/unit 20000 to 29999 sq. ft. of land per unit $ 3,625/unit $ 5,440/unit 30000 to 39000 sq. ft. of land per unit $ 4,500/unit $ 6,495/unit 40000+ sq. ft. of land per unit $ 5,395/unit $ 7,485/unit Agricultural Under 10% of lot impervious EXEMPT More than 10% of lot impervious $27,445/acre of developed portion 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. Formation of Drainage Area 76 Page 4 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 "Contra Costa Times," a newspaper published in this area. PASSED AND ADOPTED ON March 1 , 1994 by the following vote: AYES: Supervisors Smith, Bishop, McPea;the lakson and Powers NOES: None ABSENT: None Board ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: ct ruca Deputy HF-.pe cADAVA76.0rd November 29,1993