HomeMy WebLinkAboutMINUTES - 09121989 - T.2 T. �+
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 September 12, 1989 by the following
vote:
AYES: Supervisors Powers , Fanden, Schroder, McPeak & Torlakson
NOES: None
ABSENT: None
ABSTAIN: None Resolution No. 89/622
(West's Water Code App.
Ch. 63, Sec. 12.2 and 12.3)
SUBJECT: Establishment of Drainage Area 33B, Institution of a
Drainage Plan and Adoption of a Drainage Fee Ordinance
therefor, Concord Area. Project # 7505-6F8179 .
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:
On July 11, 1989, this Board adopted a Resolution proposing
to establish the aforesaid drainage area, and to institute a
drainage plan and to adopt a drainage fee ordinance for the
drainage area, and
On September 12, 1989, pursuant to the Board's Resolution of
July 11, 1989 this Board held a hearing to consider the
establishment of said drainage area, and the institution of a
drainage plan and the adoption of a drainage fee ordinance
therefor. All written and oral objections presented concerning
the proposed establishment of said drainage area, institution of
a drainage plan and adoption of a drainage fee ordinance were
considered, and
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 the proposed drainage area. This
Board also FINDS that no written petition for an election, signed
by a least 25 percent of the registered voters within the
proposed drainage area has been filed, and
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
This Board has received no resolution or ordinance adopted
by an affected city requesting the exclusion of territory from
the proposed drainage area, and
This Board hereby CERTIFIES that the California Environ-
mental Quality Act document submitted to it by the Community
Development Department ' as to the environmental impact of the
proposed establishment of said drainage area and institution of
the drainage plan has been completed in compliance with the
California Environmental Quality Act, and it .has reviewed and
considered the comments, responses, and the information contained
therein, and
RESOLUTION NO. 89/ 622
This Board hereby also FINDS that good cause exists for the
establishment of aforesaid drainage area and ORDERS that Contra
Costa County Flood Control and Water Conservation District
Drainage Area 33B is ESTABLISHED, consisting of the real property
described in the Exhibit "A" attached hereto. The drainage plan,
as shown on the map entitled, "Drainage Area 33B Boundary Map and
Drainage Plan", dated January 1989, proposed to be instituted
for the drainage area and on file with the Clerk of the Board of
Supervisors, Administration Building, Martinez, California, is
hereby INSTITUTED, and
This Board hereby ADOPTS Ordinance No. 89- 57 establishing
drainage fees in said drainage area and institutes the Drainage
Fee Credit and Reimbursement Policy as the policy to be used in
administration of the ordinance.
This Board hereby DIRECTS the Chief Engineer to file with
the County Clerk a Notice of Determination for this project.
1 hereby certify that this is a True and correct copy of
an action taken ano entered on the minutes of the
Board of Supervisors on the.date shown.
ATTESTED: SFR 12 1989
PHIL BATCHELOR,Clerk of the aoard
of Supervisors and County Administrator
A,.aX ..�.rDeputy
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
City of Concord
Ralph Garrow & Cardinale
P.O. Box 367
Antioch CA 94509
Gregory Hodges, Development Manager
Citation Builders
597 Center Avenue, Suite 150
Martinez, CA 94553
Building Industry Association
Eastern Division
1280 Boulevard Way, #211
Walnut Creek, CA 94596
David Lennon
Hoffman Company
P.O. Box 907
Concord, CA 94522
Steve Millar
Warmington Homes
3160 Crow Canyon Place, Suite 200
San Ramon, CA 94583
DHE:pg
EA: 33B
August 22, : 1989
RESOLUTION NO. 89/ 89- 57
EXHIBIT A
DRAMGE AREA 33B
BOUNDARY DFSCR=ON
All of that property situated in Contra Costa County, California, being a
portion of Rancho Monte Del Diablo. All references to boundary lines and
ownerships are of the Records of said County.
Beginning at the intersection of the centerline of Ayers Road with the
centerline of Laurel. Drive; thence, leaving said Paint of Beginning, along
the centerline of Laurel Drive, northwesterly 1,935 feet, more or less, to a
point on -the easterly right of way line of the Baypoint & Clayton Railroad
recorded in Book 167 of Deeds at page 353; thence, along said easterly line,
southerly 220 feet, more or less, to the intersection with the southeasterly
prolongation of the southwesterly boundary line of Laura Park - Unit No. 3
filed April 2, 1953 in Book 50 of Maps at page 12; thence, along said
southeasterly prolongation and said southwesterly boundary line, north 460
33' 10" west 934.28 feet, more or less, to the most westerly corner of Lot
36 (50 M 12) ; thence leaving said southeasterly boundary line of Laura Park
- Unit No. 3, along its northwesterly prolongation north 460 33' 10' west
58 feet, more or less, to the most easterly corner of Lot 3 as shown on the
map of Tract 2186 filed September 7, 1955 in Book 60 of Maps at page '31;
thence along the northeasterly boundary of Tract 2186, north. 460 33' 10"
west 285.00 feet to the most northerly corner of Lot 1 as shown on said Map
(60 M 31) ; thence leaving Tract 2186, north 460 33' 10" west 50 feet, more
or less, to the centerline of Bailey Road; thence northeasterly along said
centerline, 1,350 feet, more or less, to the intersection with the course
with a bearing and distance of north 730 40' 57" west 261.220 feet in the
southerly boundary of the parcel of land described in the Fourth Amendment
to Las Pendens of the United States of America recorded March 29, 1945 in °
Book 812 of Official Records at page 413; thence along the general southerly
boundary of said parcel (812 O.R. 413) in a general easterly and
southeasterly direction 6203 feet, more or less, to the northwesterly
terminus of the course with a bearing and distance of north 660 53' 10" west
1296.877 feet in said United States of America Parcel (812 O.R. 413) ; thence
along said line, south 660 53' 10" east 738.36 feet to the most easterly
corner of that parcel of land described in the deed to J. Thomas Pixton, et
ux, recorded June 4, 1981 in Book 10353 of Official Records at page 256;
thence leaving said United States of America Parcel (812 O.R. 413) , along
the southeasterly line of said Pixton parcel (10353 O.R. 256) , south 290 44'
west 201.79 feet to the most easterly corner of Lot 3 as shown on the map of
Subdivision MS 22-63 filed May 14, 1963 in Book 22 of Licensed Surveyors'
Maps at page 13; thence, along the southeasterly line of Lot 3, south 290
44' west 377.80 feet to the most southerly corner of said Lot 3 (22 L.S.M
13) ; thence, leaving Lot 3, southwesterly in a direct line, 55 feet, more or
less, to ' the northeasterly corner of Lot 9 as shown on the map of
Subdivision 4418 filed September 5, 1974 in Book 172 of Maps at page 47;
thence along the southeasterly and southwesterly boundary of Subdivision
4418 (172 M 47) , south 310 18' 15" west 397.27 feet and north 580 41' 45"
west 245.10 feet, to a point on the northeasterly line of the parcel of land
described in the deed to Donald M. Lessard, et ux, recorded July 23, 1976 in
Book 7950 of Official Records at page 477; thence along said northeasterly
line (7950 O.R. 477) northwesterly 45 feet, more or less, to the most
northerly corner of said Lessard parcel (7950 O.R. 477) ; thence
southwesterly along the northwesterly line of said Lessard parcel, south 290
44' west 250.00 feet to the most northerly corner of that parcel of land
described in the deed to the Nutlet Lewis Schneider and Sandra Jean
Schneider Living Trust recorded October 17, 1988 in Book 14656 of Official
Records at page 370; thence, along the northwesterly line of said Schneider
parcel and its southwesterly prolongation (14656 O.R. 370) , south 290 44'
west 177.5 feet to a point on the centerline of Laurel Drive; thence along
the centerline of Laurel Drive, northwesterly 1180 feet, more or less, to
the point of intersection with the southwesterly prolongation of the
southeasterly line of Subdivision 5727 filed October 17, 1983 in Book 273 of
maps at page 41; thence leaving the centerline of Laurel Drive, along the
southwesterly prolongation of the southeasterly line of Subdivision 5727
(273 M 41) north 310 18' 24" east 30.00 feet to the most southerly corner
of Lot 16 (273 M 41) ; thence along the southeasterly line of Subdivision
5727, north 310 18' 24" east 427.00 feet to the most southerly corner of Lot
9 (273 M 41) ; thence along the southerly lines of Lots 9 and 10 of
Subdivision 5727, north 580 41' 36" west 320.03 feet to a point on the
easterly right of way line of Ellard Place; thence north 570 39' 38" west
25.00 feet to a point on the centerline of said Ellard Place; thence along
the centerline of Ellard Place northeasterly 36.52 feet along the arc of a
curve concave to the southeast with a radius of 200.00 feet to the
intersection with the southeasterly prolongation of the southerly line of
Int 4 of Subdivision 5727 (273 M 41) ; thence, along said prolongation and
said southerly line, north 470 11' 50" west 152.00 feet to a point on the
northwesterly boundary line of Subdivision 5727; thence, along said
northwesterly boundary line, south 310 18' 24" west 501 feet, more or less,
to the northeasterly right of way line of Laurel Drive; thence south 310 18'
24" west 30.00 feet to a point on the centerline of Laurel Drive; thence
along said centerline, northwesterly 1453 feet, more or less, to the
intersection with the centerline of Ayers Road, the Point of Beginning.
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E ND-,8 9-5 7
AN MMUME OF THE
CXR? A COSM COUNTY FIOOD CCTIROL
AND
MATOR 71 9MMATiaN DISTRICT
ESTMIMM LRAIN GE FEES IN THE
CO T R& COSTA COUNTY FIOM CONTROL
AND
MAIM CONSERVAITON DISTRICT
ERAINAGE ARFA 33B
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. MADV GE PIAN. The drainage plan and map entitled "Drainage
Area 33B, Boundary Map and Drainage Plan", dated January, 1989, 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. 33B
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 develcpnent of property within the
drainage area, with its resultant increase in impervious surfaces, will require
the cmwtruction 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. E MPTIONS. The fee shall not be required for the
following: 1) Tb 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) Tb modify structures or other
impervious surfaces, provided the amount of ground coverage is not increased by
more than 100 square feet; 3) Tb convey land to a gaverrumnt 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 DEFE MERr. 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 develcment rights to the Board of Supervisors for said area of deferred fee
until such time as the fee is paid.
SECTION V. Bt=ING PELTS. 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 $600 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.
ORDINANCE NO. 89- 57 Page 1 of 3
SB TICN VI. SUBDIVISICNS. Except as permitted tomer 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, oondnninium,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 SCEE= Building Permit Subdivision
Commercial/Industrial/Downtown Office $28,785/acre $ 30,920/acre
Office Medium) : 24,670/acre 27,565/acre
Office 1Liaht) : 20,645/acr+e 23,,270/acre
Multifamily Residential (Including Mobile
Home Parks) :
Less than 2,500 sq. ft. of land per unit 22,680/acre 22,680/acre
2,500 to 2,999 " If 1,345/unit 1,345/unit
3,000 to 3,999 It It 1,540 1,540 "
4,000 to 4,999 " if 1,790 " 1,790 "
5,000 to 5,999 " to 2,050 " 2,050 "
6,000 to 6,999 " if 2,305 " 2,305 "
7,000 to 7,999 " of 2,550 " 2,550 "
8,000 + " of 2,675 " 2,675 "
Sinrle Family Residential:
4,000 to 4,999 sq. ft. of lard per unit $ 1,885/unit $ 3,015/unit
5,000 to 5,999 of It 1,965 Of 3,145 "
6,000 to 6,999 if if 2,050 " 3,270 "
7,000 to 7,999 of it 2,135 " 3,395 "
8,000 to 9,999 It of 2,260 " 3,575 "
10,000 to 13,999 of to 2,515 " 3,940 "
14,000 to 19,999 of " 2,935 " 4,535 "
20,000 to 29,999 it " 3,625 " 5,440 "
30,000 to 39,999 of " 4,500 " 6,495 "
40,000 + It " 5,395 " 7,485 "
Agricultural:
Under 10% of lot impervious E KeEpt
More than 10% of lot impervious 27,440/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 rnmber of
dwelling units proposed to be on the lot.
SECTION VIII. FEE PA ENT. 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, contraction, 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 bonded indebtedness of the drainage area.
SECTIC N IX: ' CREDIT. Drainage fees previously paid shall be credited as
follows:
CRDINANCE NO. 89_ 57 Page 2 of 3
a
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.
't
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. EF'F'ECTIVE 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 Sept. 12 . 1989 , by the following vote:
AYES: Supervisors Powers , Fanden, Schroder, McPeak & Torlakson
NOES: None
ABSENT': None
Chair of the Board
ATTEST: PHIL BATOR, Clerk of the
Board of Supervisors are
County A& n;strat.or
A
By
Depxty
UK:SC:draw
DA33BOrd
(2/13/89)
CRDINANCE NO. 89 - 5 7 Page 3 of 3