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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 August 28, 1990, by the following vote:
AYES: Supervisors Powers, Torlakson and Fanden
NOES: None
ABSENT: Supervisors Schroder and 14cPeak ��W
ABSTAIN: None RESOLUTION NO. 90/ 585
SUBJECT: Establishment of Drainage Area 106, Institution of a Drainage Plan and
Adoption of a Drainage Fee Ordinance and Credit and Reimbursement
Policy therefor, Brentwood Area. Project # 7505-6F8168
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 19, 1990, this Board adopted a Resolution proposing to establish
Drainage Area 106 and to institute a drainage plan and to adopt a drainage fee ordinance
for the drainage area.
On August 28, 1990, pursuant to the Board's Resolution of June 19, 1990, 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. 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.
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 at least
25 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.
This Board has received no resolution or ordinance adopted by an affected city
requesting the exclusion of territory from the proposed drainage area.
This Board hereby CERTIFIES that the Environmental Impact Report 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
been reviewed and the comments, responses, and the information contained therein
considered.
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 106 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 106, Boundary Map and Regional Drainage Plan", dated June
1990, 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.
RESOLUTION NO. 90/585
Drainage Area 106
August 28, 1990
Page 2 of 2
This Board hereby ENACTS Ordinance No. 90-76 establishing drainage fees
in said drainage area and adopts the Drainage Fee Credit and Reimbursement Policy
dated June, 1989.
The Board FINDS, pursuant to Government Code Section 66001 (a), as follows:
The purpose of the fees described in this resolution is to generate monies to finance the
construction of drainage improvements within the drainage area. The fees will be used
to finance the drainage improvements listed in the Engineer's Report and the Drainage
Plan, entitled"Drainage Area 106 Boundary Map and Regional Drainage Plan,"dated June
1990, which report is on file with the Clerk of this Board. As discussed in more detail in
said report and in the "Report on Impervious surface Drainage Fee Ordinance," dated
January 5, 1982, the types of development that are subject to the fees will generate
additional impervious surfaces and drainage within the 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.
This Board hereby DIRECTS the Chief Engineer to file with the County Clerk a
Notice of Determination for this project.
I hereby certify that We Is a ma and correct copy of
an action taken and entered on the minutes of the
Board of Superv{�q�prt,, g dl rho.
ATTESTED: //{{��JJ�� �yy
PHIL BATCHELOR,Clerk of the Board
of Supervisors and Cou Administrator
Deputy
Orig. Dept: 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
F. Scudero, Drainage Fees
City of Antioch
City of Brentwood
Ralph Garrow & Cardinale
P.O. Box 367
Antioch CA 94509
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
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C:WADA106&t.Res(8/16/90)
RESOLUTION NO. 90/_585
ED=IT "A"
Contra Costa County Flood Control and Water Conservation District
Drainage Area 106
All that real property situated in Contra Costa County, California, the
boundary of which is described as follows:
References to maps, boundary lines, and ownerships are to records of said
County.
Beginning at the intersection of Marsh Creek control line recorded November
30, 1965 in Volume 5003 of Official Records at page 607 with the point of
beginning of Dry Creek control line PARCEL 1 recorded June 12, 1969 in
Volume 5897 of Official Records at page 837; thence along said Dry Creek
control line, in a general westerly direction 3,597.03 feet, to its westerly
terminus; thence leaving Dry Creek control line and following the centerline
of Dry Creek as shown on the map of "Subdivision Number Seven of Brentwood
Irrigated Farms Amended" filed August 4, 1920 in Book 17 of Maps at page
374, in a general westerly direction 2,342.8 feet, more or less, to the
westerly terminus of the course shown on said map (17 M 374) with a bearing
and distance of south 490 50' west 218 feet; thence leaving said centerline,
westerly in a straight line 614 feet, more or less, to the northeast corner
of PARCEL, D of "C.C. Co. M. S. No. 121-69" filed October 9, 1969 in Book 10
of Parcel Maps at page 38, being also a point on the boundary of PARCEL I
described in the deed to Karl R. Barr et ux recorded January 18, 1972 in
Volume 6566 of Official Records at page 219; thence along the boundary of
said Barr parcel the following courses: north 000 12' west 100 feet, south
890 42' west 547 feet, and south 000 18' east 100 feet, to the north line of
PARCEL D (10 .PM 38) ; thence along the boundary of PARCEL D the following
courses: south 890 42' west 8.57 feet, south 030 02' west 88.10 feet, south
750 21' west 345.80 feet, south 810 48' west 512.30 feet, and south 020 01'
west 34 feet, more or less, to the north line of the south half of Section
22, Township 1 North, Range 2 East, Mount Diablo Meridian; thence along said
north line, westerly 3,834 feet, more or less, to the west quarter corner of
Section 22; thence along the west line of Section 22, southerly 390 feet;
thence South 860 33' west 672 feet; thence south 630 10' west 734 feet;
thence south 760 30' west 779 feet; thence south 690 51' west 1,156 feet;
thence north 670 15' west 1,234 feet; thence north 840 36' west 315 feet;
thence westerly in a straight line 620 feet, more or less, to a point on the
west line of Section 21 (TIN, R2E) that bears northerly 2,060 feet from the
southwest corner of Section 21; thence north 710 27' west 71 feet; thence
south 160 39' west 809 feet; thence south 030 49' east 909 feet; thence
southwesterly in a straight line 540 feet, more or less, to a point on the
south line of Section 20 (TIN, R2E) that bears westerly 600 feet from the
southeast corner of Section 20; thence south 410 29' west 985 feet; thence
southwesterly in a straight line 771 feet, more or less, to a point on the
north line of PARCEL D of "Subdivision MS 239-77" filed June 29, 1978 in
Book 67 of Parcel Maps at page 34 (Said point bears south 890 51' 53" west
535 feet from the northeast corner of said Parcel D.) ; thence south 390 08'
west 51.7 feet; thence south 070 18' east 368 feet; thence south 690 25' 44"
east 551 feet to the northwest corner of PARCEL C of "Subdivision MS 150-80"
eX:da106.a
filed October 11, 1982 in Book 103 of Parcel Maps at page 15; thence along
the boundary of said PARCEL C, north 890 52' 52" east 1,075.36 feet and
south 100 08' 19" west 89.95 feet, to the northwest corner of PARCEL D (103
PM 15) ; thence along the boundary of said PARCEL D, south 760 30' 29" east
11444.99 feet and south 020 09' 31" west 318.09 feet, to the northeast
corner of "Subdivision MS 166-78" filed May 7, 1979 in Book 76 of Parcel
Maps at page 34; thence along the boundary of "Subdivision MS 166-78" the
following courses: thence south 020 09' 31" west 80.54 feet; thence south
020 58' 23" west 1,529.64 feet to the arc of a tangent curve concave to the
northwest having a radius of 370 feet; thence along said arc, southerly and
southwesterly 465.70 feet, through a central angle of 720 06' 5211, to the
arc of a reverse curve concave to the southeast having a radius of 480 feet;
thence along the arc of said reverse curve, southwesterly and southerly
679.98 feet, through a central angle of 810 10' 0011;. thence south 060 04'
45" east 89.93 feet to the arc of a tangent curve concave to the east having
a radius of 1,030 feet; thence along said arc, southerly 123.03 feet,
through a central angle of 060 50' 3711, to the south line of Section 28
(TIN, R2E) ; thence leaving the boundary of "Subdivision MS 166-78" and
following the south line of Section 28, easterly 2,181.69 feet, to a point
that bears westerly 2,380 feet from the southeast corner of Section 28;
thence south 680 09' east 204 feet; thence south 560 52' east 832 feet;
thence south 810 01' east 727 feet; thence easterly in a straight line 798
feet, more or less, to a point on the west line of Section 34 (T1N, ME)
that bears southerly 831 feet from the northwest corner of Section 34;
thence northerly 831 feet to said northwest corner; thence along the north
line of Section 34, easterly 2,640 feet, more or less, to the north quarter
corner of Section 34; thence north 580 00' east 237 feet; thence north 270
32' east 358 feet; there north 650 10' east 850 feet; thence north 390 44'
west 1,338 feet; thence north 030 59' east 912 feet; thence north 490 07'
east 473 feet; thence north 750 07' east 385 feet; thence south 720 02' east
374 feet; thence north 590 58' east 157 feet; thence north 350 39' east 495
feet; thence south 760 15' east 429 feet; thence southeasterly in a straight
Line 580 feet, more or less, to a point on the west line of Section 26. (T1N,
ME) that bears northerly 3,100 feet from the southwest corner of Section
26; thence south 450 east 200 feet; thence south 840 35' east 218 feet
thence north 230 59' east 567 feet; thence north 230 58' west 230 feet;
thence north 010 01' east 896 feet; thence north 170 30' east 963 feet;
thence north 020 11' west 926 feet; thence north 580 05' east 301 feet;
thence north 880 56' east 838 feet; thence north 460 22' east 374 feet;
thence northeasterly in a straight line 1,100 feet, more or less, to the
southerly centerline terminus of Fast Contra Costa Irrigation District Main
Canal right-of-way (Said terminus bears north 610 42' 37" west 86.00 feet
along the northwesterly prolongation of the course shown as S 610 '42' 37" E
14.00' on the map of "Subdivision MS 145-77" filed August 14, 1979 in Book
80 of Parcel Maps at page 4.) ; thence along said prolongation, south 610 42'
37" Past 86.00 feet, to the boundary of "Subdivision MS 145-77"; thence
along said boundary the following courses: south 610 42' 37" east 14.00
feet, north 280 17' 23" east 1,207.00 feet, and south 650 50' 37" east
2
ex:dal06.a
2,222.57 feet, to the centerline of Marsh geek Road; thence leaving the
boundary of said Subdivision (80 PM 4) , northeasterly in a straight line 200
feet, more or less, to the most surly corner of Contra Costa C=rty
Flood Control arra Water Conservation District Drainage Area 52A adapted July
25, 1978 by Contra Costa County Board of Supervisors Resolution 78/737;
thence along the boundary of said Drainage Area 52A, in a general northerly
arra northeasterly direction 1,794 feet, more or less, to the Point of
Beginning.
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ex:dal06.a
December 6, 1989
3
CRDINA M No,90-76
AN CRDI NANCE OF IME
OORMA COSTA ODUIM FUM COMIM
AND
WATER CONSOMPICH DISIRICr
FSTABLdSIUM MUNAGE FEES IN 111E
CONTRA aoGrA alien Y FIDOD CONTROL
AND
WATER 0ONSE1NATION DISIRICT
CRAINAGE AREA 106
1The 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:
SECPION I. DRAINAGE PLAN. The drainage plan and map entitled "Drainage
Area 106, Baudary Map and Regional Drainage Plan", dated June, 1990, 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 106 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 Come) .
SECTICN 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 impervicus 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 surfaoes
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?EPICNS. 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) Tb 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.
SEMCN IV. FEE DEFERME r. On lots greater than two awes 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.
SEMCN V. BUILDING PERMrX. 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 $145 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 $0.17 per square foot, but not to exceed the amount required
under Section VII.
CRDINht M N0.90-76
Page 1 of 3 .
SECTION VI. - SUBDMSIONS. 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, condaninium,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 SCHEEME Building Par,,,i+ Ighasisi
Camiercial/Industrial/Downtown Office $6990/acre $ 7510/acre
Office (Medium) : 5990/acre 6695/acre
Office (Li t) : 5015/acre 5650/acne
Multifamily Residential (Including Mobile
Home Parks) :
Tess than 2,500 sq. ft. of lard per unit $5510/acre $5510/acre
2,500 to 2,999 " of 325/unit 325/unit
3,000 to 3,999 of to 375/ Of 375/ "
4,000 to 41999 " " 435/ It 435/
5,000 to 51999 of It 500/ of 500/ "
61000 to 6,999 1.0 of 560/ It 560/ "
70000 to 7,999 of It 620/ Of 620/ "
81000 + to It 650/ " 650/ "
Single Family Residential:
4,000 to 4,999 sq. ft. of land per unit $460/unit $735/unit
5,000 to 5,999 of to 480/ It 765/ "
6,000 to 60999 of of 500/ " 795/ "
71000 to 7,999 " to 520/ " 825/ "
88000 to 9,999 " to 550/ " 870/ "
10,000 to 13,999 It of 610/ of 960/ "
14,000 to 19,999 of to 710/ " 1100/ of
208000 to 29,999 to to 880/ is 1320/ It
30,000 to 39,999 of " 1095/ " 1580/ It
40,000 + of of 1310/ " 1820/ is .
agricultural:
Under 10% of lot impervious Exeept
More than 10% of lot impervious $6665/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 Secd:ion V, ani it sihall be in addition to the above fee
ifm01!(1t9.
For the purpose of this ordin anLm, subject to Section VI, lot size shall
be: (1) for existing lots, that land sham 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 wxier "Single Family Residential" shall
apply to lots containing only one dwelling unit. For multifamily residential
(including mobile hams parks) the "square feet of lanai 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 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 banded indebtedness of the drainage area.
cRDDiNNCE N0. 90-76
Page 2 of 3
` SEC=CN 'X {: CREDIT. Drainage fees previously paid shall be credited as
follows:
a) Wiere drainage fees have been paid under a farmer drainage fee ord-
inanoe based an acreage, fees shall not be required under Section VII
for any part of the total area for which the fee was paid, swept in
the case of a resubdivision.
b) Where drainage fees have been paid under this ordinance or another
drainage fee ordinance based on iwpervicus surface, fees shall not be
required under Section VII for the total impervious surface area for
which the fee was paid. Hawever, fees shall be payable under Section
VII for any additional iq3erviouis 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 edited against the fees payable
under Section VII.
SE:CMCIN X. EFFSMTVE DATE. 7his Ordinance becomes effective 60 days after
passage, and within 15 days of passage shall be published ane with the names of
supervisors voting for arra against it in the "Wentwood News", a newspaper
published in this county.
pASSED AND ADDprM CN August 28, 1990 , by the following vote:
AYES: Supervisors Powers, Torlakson and Fanden
NOES: None
ABSENT: Supervisors Schroder anddMc)Peak
Chair o the Board
ATII'ST: PHIL BATC MM, Clerk of the
Board of Supervisors arra
pom{.y Admj�rator
By �&" L�-
Deputy
FC:CFd)106.T6
June 50 1990
CFWIMANCE ND.90-76
Page 3 of 3