HomeMy WebLinkAboutMINUTES - 07231985 - 1.21 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on July 23, 1985 by the following vote:
AYES: Supervisors Powers , McPeak, .Torlakson and Fanden
NOES: None
ABSENT: Supervisor Schroder RESOLUTION NO. 85/432
(West's Water Code App.
. ABSTAIN: None Ch.63, Sec.12.2 and 12.3)
SUBJECT: Notification of Hearing to Consider the Establishment of Drainage
Area 33A, to Institute Drainage Plans therefor, to Enact a Drainage Fee
Ordinance and to repeal Ordinance No. 71-98, Concord Area. Project
#7505-6F8216.
The Board of Supervisors of Contra Costa County, as the
governing board of the Contra Costa County Flood Control- and Water Conser-
vation 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 establish drainage areas, institute drainage plans
therefor, and enact drainage fee ordinances.
This Board has before it for consideration the proposed establish-
ment of Drainage Area 33A consisting of that real property described in
Exhibit "A", attached hereto and incorporated herein by reference.
This Board also has before it the Draft Negative Declaration,
the Engineer's Report and the Drainage Plan, entitled "Drainage Area 33A,
Boundary Map and Drainage Plan," dated February, 1985, proposed to be
instituted for Drainage Area 33A. Said documents, which show the general
location of said Drainage Area and provide an 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. A proposed drainage fee
ordinance, providing for all or part payment of the facilities described
in said drainage plan, is attached hereto and marked Exhibit "B".
It is proposed that Drainage Area 33A be established, that a
drainage plan be instituted therefor, and that the attached drainage fee
ordinance be enacted.
At 10:30 a.m. on August 27, 1985, in the Chambers of the Board of
Supervisors, Administration Building, Martinez, California, this Board
will conduct a public hearing on the proposed establishment of said
Drainage Area and the adoption of the attached drainage fee ordinance and
the drainage plan for said Drainage Area. At said hearing this Board will
consider and act upon the Negative Declaration and will hear and pass upon
any and all written or oral objections to the establishment of the Drainage
Area, the institution of the drainage plan,and the enactment of the
attached drainage fee ordinance. Upon conclusion of hearing, the Board
may abandon the proposed drainage area, plans , and enactment 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 "Contra Costa Times" , a
newspaper of general circulation, circulated in the area proposed to be
formed into said Drainage Area. 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.
I
The exterior boundarie's of said Drainage Area include lands
within the sphere of influence 'of the City of Concord. 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.
The Board of Supervisors of Contra Costa County RESOLVES THAT:
This Board at the conclusion of said Hearing shall consider the
reapeal of Ordinance No. 71-98 which presently provides for drainage fees
in the Olive Drive Drainage Area.
I hereby certify the:#hfs Is a true and correct copy of
an ao0on taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: JUL 2 31985
PHIL BATCHtELCR,Clerk o:She hoard
of Supervisors and County Administrator
Deputy
Orig. Dept: Public Works Department
Flood Control Planning
cc: County Administrator
Community Development Department
Building Inspection J
County Counsel
County Assessor
County Treasurer - Tax Collector
County Auditor - Controller
Public Works Director
Flood Control Planning
Engineering Services Division
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 Concord
1950 Parkside Dr.
Concord, CA 94518
bo:da33a.resol .notif.t6
RESOLUTION NO. 85/432
EXHIBIT "A"
DRAINAGE AREA 33A
BOUNDARY DESCRIPTION
All that property situated in Contra Costa County, California, being a
portion of Rancho Monte Del Diablo; a portion of Sections 1, 2, 10, 11, and
12, Township 1 North, Range 1 West, Mount Diablo Base and Meridian; and a
portion of Sections 6 and 7, Township 1 North, Range 1 East, Mount Diablo
Base and Meridian. All references to boundary lines and ownerships are of the
Official Records of said County.
Beginning on the centerline of Olive Drive at the most southerly corner of
'Lot 15 of Ayres Ranch Subdivision, as shown on the map recorded July 2,
1912, in Book 7 of Maps at page 170; thence along said centerline, North 60
16' West 94.86 feet, to the southwesterly prolongation of the northwestern
line of that parcel of land deeded to Ivan A. Sloneker, et al , recorded
February 25, 1957, in Volume 2936 of Official Records at page 58; thence
along said prolongation and northwestern line, North 29 44' East 211.5
feet, to the southwestern line of that parcel of land deeded to Frank
E. Jr. and Delfina Valdez, recorded February 15, 1968, in Volume 5559 of
Official Records at page 291; thence along the boundary of said Valdez
parcel , North 60 16' West 70 feet and North 29 44' East 116 feet, to the _
most western corner of that parcel of land deeded to Arnold W. and Evon
M. Autio, recorded June 13, 1968, in Volume 5645 of Official Records at
page 42; thence along the boundary of said Autio parcel , North 29 44' East
100 feet and South 60 16' East 5.68 feet, to the most western corner of
"Minor Subdivision No. 279-63", as shown on the map recorded February 19,
1964, in Book 26 of Licensed Surveyors' Maps at page 8; thence along the
boundary of said Subdivision (26 LSM 8) , North 29 44' East (rec. North 31
20' 34" East) 216.25 feet, South 60 16' East (rec. South 58 39' 36" East)
93 feet, and North 29 44' East (rec. North 31 20' 34" East) 186.25 feet,
to the most northern corner thereof; thence, North 29 44' East 30 feet, to
the centerline of Concord Boulevard; thence along said centerline, South 60
16' East 1,643.18 feet, to the southwesterly prolongation of the northwestern
line of that parcel of land deeded to Robert E. and Shirley R. Harbeke,
recorded April 21, 1964, in Volume 4600 of Official Records at page 501;
thence along said prolongation, North 29 44' East 42 feet, to the most
western corner of said Harbeke parcel ; thence along the boundary of said
Harbeke parcel , North 29 44' East 390.5 feet and South 60 16' East 116.07
feet, to the most western corner of "Minor Subdivision No. 29-64", as shown
on the map recorded April 22, 1964, in • Book 27 of Licensed Surveyors '
Maps at page 19 thence along the northwestern line of said Subdivision and
the northeasterly prolongation thereof, North 29 44' East 427.5 feet, to the
centerline of Laurel Drive; thence along said centerline, South 6.0 16' East
320.4 feet, to the centerline of Old Kirker Pass Road; thence along the
centerline of Old Kirker Pass Road, North 30 19' 30" East 84.22 feet and
North 85 28' 30" East 260 feet, more or less, to the southwesterly prolon-
gation of the northwestern line of that parcel of land deeded to Pacific Gas
and Electric Company, recorded August 28, 1958, in Volume 3218 of Official
Records at page 451; thence along said prolongation and northwestern line,
North 53 03' 30" East 670 feet, more or less, to the most northern corner
of said parcel ; thence crossing Myrtle Drive, Northeasterly 54.2 feet, to
the most western corner of that parcel of land, deeded to Pacific Gas and
Electric Company,. recorded February 10, 1959, in Volume 3315 of Official
Records at page 446; thence along the northwestern line of said parcel (3315
O.R. 446) , North 53 00' 30" East •794:68 feet,' to the' most northern corner
thereof; thence along the northeastern line and its southeasterly prolonga-
tion, South 58 03' 34" East 125 feet, more or less, to a point on the
centerline of Kirker Pass Road; thence in a direct line, Northeasterly 875
feet, more or less, to the most eastern corner of Lot 93 of Ayres Ranch
Subdivision (7 M 170) ; thence in a direct line, Easterly 2,550 feet, more or
less, to a point on the west line of Section 1, TIN, RIW, M.D.B. & M. , (said
point being North 550 feet from the west quarter corner of said Section 1) ;
thence South 85 East 1,000 feet; thence North 7 East 1,400 feet; thence in
a direct line, Southeasterly 2,040 feet, more or less, to the northwestern
corner of Parcel "B" of "Minor Subdivision 120-6911, as shown on the map
filed October 3, 1969, in Book 10 of Parcel Maps at page 34; thence along
the western line of said Parcel "B", South 0 20' 30" East 746.9 feet, to
the southwest corner thereof; thence ,along the southern line of said Parcel
"B" and along the east-west midsection line of said Section 1, South 86 09'
40" East 2,060 feet, more or less, to a point (said point being westerly 600
feet from the east quarter corner of said Section 1) ; thence parallel to the
Mount Diablo Meridian, South 700 feet; thence, South 86 091 40" East 600
feet, to a point on the Mount Diablo Meridian, (said point being South 700
feet from the east quarter corner of said Section 1); thence South 89 45'
East 1,700 feet; thence South 15 East 2,300 feet; thence North 89 45' West
1,000 feet; thence South 1,000 feet; thence in a direct line, Westerly 1,320
feet, more or less, to a point on the west line of Section 7, TIN, RIE,
(said point being South 1,200 feet from the northwest corner of said Section
7) ; thence North 89 45' West 500 feet; thence South 900 feet, more or less,
to the south line of northeast quarter of Section 12, TIN, RIW, M.D.B. & M. ;
thence along said south line, West 2,200 feet, more or less, to the southwest
corner of said northeast quarter of Section 12; thence along the west line
of said northeast quarter, North 1,040 feet; thence parallel to the north
line of said Section 12, Westerly 3,140 feet, more or less, to a point,
(said point being Westerly 500 f'eet from the west line of said Section 12) ;
thence in a direct line, Northwesterly 2,040 feet, more or less, to the
southerly terminus of the course "North 31 51' 34" East 213.4 feet" described
in the deed to S. L. and Etty Bernstein, recorded February 9, 1965, in
Volume 4801 of Official Records at page 11; thence along said course, North
31 511 34" East 213.4 feet, to the most eastern corner of said Bernstein
parcel ; thence Westerly 1,550 feet along the north line of said Bernstein
parcel , being also the north line of Section 11, TIN, RIW, M.D.B. & M.;
thence in a direct line, Northwesterly 1,400 feet, more or less, to 6 point
on the southeastern line of Rancho Monte Del Diablo, (said point being
northeasterly 900 feet along said southeastern line from its intersection
with the north line of Section 10, TIN, RIW, M.D.B. & M.) ; thence along the
prolongation of the last mentioned northwesterly course, Northwesterly 90
feet, more or less, to its intersection with the southeastern line of Kirker
Pass Road; thence along said southeastern line, in a general southwesterly
direction, 1,500 feet, more or less, to the centerline of Olive Drive;
thence along said centerline , North 60 16' West 285 feet, more or less, to
the northeasterly prolongation of the northwestern line of that parcel of
land deeded to Elmer F. and Mary L. Glasser, recorded June 8, 1966, in
Volume 5136 of Official Records at page 378; thence along said prolongation
and northwestern line, South 53 001 30" West 220.3 feet, to the most
western corner of said Glasser parcel , being a point on the northeastern
line of that parcel of land deeded to Robert E. Vincent, et al , recorded
December 28, 1962, in Volume 4272 of Official Records at page 559; thence
along the boundary of said Vincent parcel , North 56 101 West 11.4 feet,
South 30 091 West 76.82 feet, North 58 45' West 49.52 feet, and South 44
19' West 47.53 feet, to the southern boundary of Ayres Ranch Subdivision (7
M 170) ; thence along said southern boundary, North 27 39, 30" West 113.7
feet, North 79 131 3011 West 801.30 feet, North 23 48' 30" East 18.84 feet,
North 67 111 30" West 429.88 feet, and North 34 111 3011 West 65.65 feet,
, to the, most western corner of that parcel of land deeded to Earl D. and
Lorraine C. Clark, recorded July 13, 1951, in Volume 1792 of Official
Records at page 173; thence along the northwestern line of said Clark parcel
and the northeasterly prolongation thereof, North 29 441 East 527.01 feet,
to the centerline of Olive Drive; thence along said centerline, North 60
16' West 67.86 .feet, to the point of beginning.
lb:bc
DA33A.Description
ti
EXHIBIT B
ORDINANCE NO. 85-
AN ORDINANCE
OF THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
ESTABLISHING DRAINAGE
FEE IN THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
DRAINAGE AREA 33A
The Board of Supervisors of Contra Costa County, as the governing
board 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 33A, Boundary Map and Drainage Plan", dated February 1985,
on file with the Clerk of the Board of Supervisors, is adopted as the
drainage plan for Drainage Area 33A 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 a
drainage fee ordinance, based on impervious surface created, more equitably
apportions fees to types of development than one based on a uniform fee per
acre; 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 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 under former
Ordinance No. 71-98.
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 Sections II
and III, 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 VI . For single family resi-
dential swimming pools on lots for which the drainage fee has not been
paid, the fee shall be $185 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 21
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 VI .
SECTION VII. FEE SCHEDULE.
Building Permit Subdivision
Commercial/Industrial/Downtown Office: 8,635/acre 9,275/acre
Office (Medium) : 7,400/acre 8,270/acre
Office (Light) : 6,190/acre 6,980/acre
Multifamilv Residential (Including Mobile
Home Parks) :
Less than 2,500 sq. ft. of land per unit 6,800/acre 6,800/acre
2,500 to 2,999 " It 405/unit 405/unit
3,000 to 3,999 460 460 "
4,000 to 4,999 540 540 "
5,000 to 5,999 615 615 "
6,000 to 6,999 690 690 "
7,000 to 7,999 765 765 "
8,000 + 800 800 "
Single Family Residential :
4,000 to 4,999 sq. ft. of land per unit 565/unit 905/unit
5,000 to 5,999 590 945 "
6,000 to 6,999 615 980 "
7,000 to 7,999 640 1,020 "
8,000 to 9,999 680 1,075 "
10,000 to 13,999 755 1,180 "
14,000 to 19,999 880 1,360 "
20,000 to 29,999 1,090 1,630 "
30,000 to 39,999 1,350 " 1,950 "
40,000 + 1,620 2,245 "
Agricultural :
Under 109 of�lot impervious Exempt
More than 10% of lot impervious $8,230/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 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 reimburse-
ment 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
bonded indebtedness of the drainaqe area.
SECTION I.X. 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 Contra Costa
Times, a newspaper published in this county.
PASSED ON by the following vote:
AYES: Supervisors -
NOES: Supervisors -
ABSENT: Supervisors -
Chairman of the Board
ATTEST: Phil Batchelor
Clerk of the Board and
County Administrator
By
Deputy
HJC:pg
bo:da33a.ord.repeal .t6