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HomeMy WebLinkAboutMINUTES - 02051985 - 1.22 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on February 5, 1985 by the following vote: AYES: Supervisors Powers , Schroder, McPeak, Torlakson $ Fanden NOES: None ABSENT: None RESOLUTION NO. 85/ 61 (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 48A, to Institute Drainage Plans Therefor, and to Enact a Drainage Fee Ordinance, West Pittsburg Area. Project #7505-6F8183. 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 48A 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 48A, Boundary Map and Drainage Plan," dated December, 1984, proposed to be instituted for Drainage Area 48A. 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 48A be established, that a drainage plan be instituted therefor, and that the attached drainage fee ordinance be enacted. At 10:30 a.m. on March 12, 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. Ine clerk of this Board if 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 "Pittsburg Post-Dispatch", 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 hearin and said notice shall be given for a period of not less than twenty (20� days. l RESOLUTION NO. 85/ 61 rr The exterior boundaries of said Drainage Area include "lands within the sphere of influence of the City of Pittsburg. 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. I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on"the daze shown. ATTESTED: FEB 5 1985 PHIL BATCHELOR, Cicrk of the Coard of Supervisory and County Administrator n By Deputy Orig. Dept: Public Works Department, Flood Control Planning cc: County Administrator Planning Department Building Inspection County Counsel County Assessor County Treasurer - Tax Collector County Auditor - Controller Public Works Director _ Flood Control Planning Land Development Accounting Ralph Garrow, Inc. P.O. Box 367 Antioch CA 94509 Building Industry Association of Northern California 1280 BoluleVard Way . Walnut Creek CA 94595 City of Pittsburg P. 0. Box 1518 Pittsburg CA 94565 UK:bc UK:DA48A.Resol .Notif RESOLUTION NO. 85/ 61 EXHIBIT A CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 48A A portion of Sections 11, 12, 14, 15, 22; 23, and 27 of Township 2 North, Range 1 West, Mount Diablo Base and Meridian, Contra Costa County, California. Boundary line and ownership references are to Official Records of said County. Commencing at the southeast corner of Section 11 , as shown on the map of "Bella Monte Subdivision No. 1" filed March 22 , 1927, in Book 20 of Maps, at page 546; thence along the south line of Section 11, (being also the centerline of Willow Pass Road, shown as "County Highway" on said map) , West 472 feet, more or less, to the centerline of Highway Avenue (20 M 546), the true point of beginning of this description. Thence along the south line of Section 11, West 345 feet, to the centerline of Bella Monte Avenue, as said road is shown on the map of "Joseph Siino Subdivision" filed August 13, 1929, in Book 21 of Maps, at page 590; thence along said centerline, South 730 feet, to the centerline of Jefferson Street, as said road is shown on the map of "Bel-Air Tract" filed November 9, 1939, in Book 23 of Maps , at page 731; thence North 89034' West 135 feet; thence South 265 feet to the centerline intersection of Cleveland Avenue and North Street as shown on (23 M 731) ; thence along the centerline of Cleveland Avenue, South 1,513.5 feet, to the centerline of South Street (23 M 731) ; thence along the centerline of South Street, North 89034' West 242 feet, to the centerline of Madison Avenue (23 M 731) ; thence along the centerline of Madison Avenue, South 25 feet, to the easterly prolongation of the north line of Lot 7, Block 6 (23 M 731) ; thence along said prolongation and north line, North 89034 ' West 110.56 feet, to the west line of said tract (23 M 731) ; thence along said west line, South 00020' 20" East 119.94 feet, to the north line of Canal Road; thence along said north line, in a general westerly direction 630 feet, more or less, to the northerly prolongation of the east line of that parcel of land described in ,the deed to Charles M. and Mary Lou Sowell recorded September 10, 1975, in Book 7615, at page 233; thence along said prolongation, South 00045' East 420 feet, more or less, to the northeast corner of said Sowell parcel ; thence along the boundary of said Sowell parcel , South 85045' West 112.71 feet, South 00 45' East 51.21 feet, and North 89046' East 25 feet, to the northwest corner of that parcel of land described in the Order Approving Waiver of Account and Decree of Distribution of the Estate of Lester C. Pramberg to Janice Marie Mast, Executrix, recorded December 15, 1981, in Book 10612 , at page 923; thence along the west line of said Mast parcel and its southerly prolongation, (being also the east line of Wollam Avenue), South 00045' East 310 feet, to the easterly prolongation of the north line of that parcel of land described in the deed to William G. and Catherine C. Reid recorded April 19, 1979, in Book 9315, at page 60; thence along said prolongation, north line, and westerly prolongation, South 89046 ' West 143.5 feet, to the east line of Lot 47 as said, lot is shown on the map of "Orbisonia Heights" filed April 22, 1930, in Book 21 of Maps, at page 593; thence North 00045' West 10 feet to the northeast corner of Lot 47; thence South 89046' West 125 feet to the northwest corner of Lot 47; thence South 00045' East 275 feet to the centerline of Maylard Street, shown as "May Street" on (21 M 593) ; thence along said centerline, South 89046' West 89 feet, to the centerline of Willow Avenue; thence along the centerline of Willow Avenue, South 00045' East 315.4 feet, to the north line of "Pittsburg Terrace Unit No. 1" filed November 5, 1930, in Book 21 of Maps, at page 606; thence along said north line, South 89046' West 125 feet, to the northeast corner of Lot 1 (21 M 606); thence South 00045 ' East 149.1 feet to the north line of Shell Street (21 M 606) ; thence along said north line, South 89015' West 100 feet, to the east line of Bailey Road, shown as "Dante Road" on (21 M 606) ; thence along said east line, South 00045' East 1,197.42 feet, to the south line of said sub- division (21 M 606) ; thence along said south line, South 89028' West 25 feet, to the north quarter corner of Section 23, being a point on the center- line of Bailey Road; thence along said centerline in a general southerly direction 750 feet; thence South 61000' West 740 feet; thence South 12000' East 750 feet; thence southwesterly 1,350 feet, more or less, to the southeast K� corner of the west half of the northwest quarter of Section 23; thence South 52000' West 860 feet; thence South 29000' West 550 feet; thence south- westerly 420 feet, more or less , to a point on the west line of Section 23, (distant 1,400 feet from the southwest corner of Section 23) ; thence South 62000' West 940 feet; thence southwesterly 370 feet, more or less, to a point on the north 1 ine of the south half of the south half of the southeast quarter of Section 22, (distant westerly 1,000 feet along said north line from the east line of Section 22) ; thence southwesterly 1 ,650 feet, more or less, to a point that bears South 49013122" East 151.86 feet from the south quarter corner of Section 22; thence from said point, North 30000' West 230 feet, to a point on the north-south midsection line of Section 2-2, (distant 100 feet from the south quarter corner of Section 22) ; thence northerly 1,940 feet along said midsection line; thence North 59000' East 480 feet; thence North 38000' East 550 feet; thence North 9000' Is West "380 feet; thence North JL` UU ' Uasi. 470 feel-1; l:ficti iiu: ���. .a;cj ly 630 'feet, more or less, to a point on the east line of "Minor Subdivision 93-81" filed October 24, 1983, in Book 108 of Parcel Maps, at page 2, (said point is distant southerly 1;200 feet along said east line from the north line of Section 22) ; thence along said east line, northerly 1,200 feet, North 00001'48" West 102.42 feet, North 19010'26" East 1,304.23 feet, North 88055 '03" East 377.00 feet, North 25042'45" East 1,087.53 feet, and North 00000' 30" West 438.38 feet, to the northeast corner of said subdivision (108 PM 2) , being a point on the west line of Section 14; thence along said west line, North 00000' 30" West 263.19 feet, to the north line of Highway 4, described in the deed to the State of California recorded June 26 1951, in Book 1784, at page 281 ; thence along said north line, South 7053 ' 30" East 42.82 feet and South 70042 '44" East 517.35 feet, to the west line of Canal Road ; thence northeasterly 90-feet, more or less , to the most westerly corner of that parcel of land described in the deed to Jack and Christina Edwards recorded March 28, 1972, in Book 6617 , at page 517, (said westerly corner being a point on the northeasterly line of Canal Road right-of-way) ; thence along said Canal Road right-of-way, South 54001138" East 140 feet, South 74044' East 386.54 feet, and North 89046' East 270 feet, more or less, to the southerly prolongation of the west line of that parcel of land described in the Decree of Final Distribution and Waiver of Accounting to George Chapman and Victoria Chapman recorded March 14, 1980, in Book 9771, at page 488; thence along said prolongation and west line, North 00016 ' West 767.6 feet, to an angle point on the boundary of- said Chapman parcel (9771 O.R. 488) ; thence along said boundary, North 89046 ' East 280.08 feet and North 00042 ' West 312.10 feet, to the most northwest corner (9771 O.R. 488) , being a point on the south line of that parcel of land described in the deed to Mario and Theresa Lucido recorded June 23, 1937, in Book 441, at page 73; thence along said south line, North 89049 ' :lest 307 feet, more or less, to the southwest corner (441 O.R. 731 ; thence along the west line of said Lucido parcel (441 O.R. 73) and its northerly prolongation, North 00029'30" East 409.84 feet, to the southwest corner of "Tract No. 2656" as shown on the map filed May 8, 1959, in Book 72 of Maps, at page 49 ; thence along the south line of said tract, South 72017 ' 37" East 141 .06 feet, to the centerline of 60 feet wide Clearland - Drive as shown on said map (72 M 49) ; thence along said centerline and its northerly prolongation, North 00051'23" East 636.03 feet, to the westerly prolongation of the south line of Lot 2 (72 M 49) ; thence along said pro- longation, South 89008' 37" East 119 feet, to the southwest corner of said Lot 2; thence along the west line of Lot 2, North 00051123" East 100 feet, to the northwest corner of Lot 2, being a point on the boundary of said tract (72 M 49) ; thence along said boundary, South 89008137" East 56 feet and North 42008' East 39.29 feet, to the north corner of Lot 1 (72 M 49), being also an angle point on the boundary of "Subdivision 2868" at the west corner of Lot 1 of said subdivision filed November 14, 1960, in Book 80 of NorthMaps aage 42a08t pEast �213. 19thence feet alonSande Noorth x00053 13" Eabsdtl 70 bundry of said 1 0 feeton , to the most northwest corner of said subdivision (80 M 4) , being a point on the east line of that parcel of land described as "Parcel One" in the deed to Sophie Englander recorded April 21, 1975, in Book 7483, at page 523; thence along the boundary of said Englander parcel , North 00000'30" East 60 feet, North 89058' 30' West 150 feet, and North 00001'30" East 148 feet, to the south line of Willow Pass Road; thence North 00001 ' 30" East 72 feet to the north line of Willow Pass Road; thence along said north line, South 89007 ' 22" East 200 feet, more or less, to a point on the east line of that parcel of land described in the deed to Dexter Corporation recorded October 31 , 1969, in Book 5995, at page 782, and shown on the Record of Survey map filed June 18, 1975, in Book 59 of Land Survey Maps, at page 22; thence " I along the boundary of said Dexter Corporation parcel (5995 O.R. 782), North 00052138" East 127 feet, South 89007122" East 48.63 feet, and North 00052138" East 312.56 feet; thence along the prolongation of the last course, North 00052138" East 2,110 feet, more or less, to the south line of the Sacramento Northern Railroad right-of-way; thence along said south line, South 7101813211 East 800 feet, more or less, to a point on the north-south midsection line of Section 11 at the most northwest corner of 11Poinsetta Land Company West Pittsburg Tract, Unit No. 1" filed June 8, 1926, in Book 19 of Maps, at page 506; thence continuing along the south line of said railroad, shown as the boundary between "San Francisco - Sacramento Railroad" and "Pittsburg Avenue" on said map (19 M 506), South 720091 East 659.40 feet and southeasterly 410 feet, more or less, along a curve concave to the southwest with a radius of 1,402. 70 feet (19 M 506) , to the northerly prolongation of the east Y ny` Y�\., ,.venue :inc a' �nYbb . t-.. 1 hIJQ� y I.1!•+ 11.0 Q1UII'J �A :U `/I V I\ 11�G.. 1� - 150 feet,a�nmore or less, to the south line of the Southern Pacific Railroad right-of-way; thence along said south line, South 720091 East 1,870 feet, more or less, to a point 50 feet northwesterly of the centerline of Sacramento Northern Railroad tracks (measured along a radial of said centerline); thence along a line concentric with and 50 feet northwesterly of said centerline (measured radially) , in a general southwesterly direction 650 feet, more or less, to the northerly prolongation of the centerline of Highway Avenue, as said road is shown on the map of "Bella Monte Subdivision No. 2" filed April 2, 1929, in Book 21 of Maps, at page 584; thence along said prolongation, south 110 feet, more or less, to the centerline of Pullman Avenue, shown as "Railroad Avenue" on said map (21 M 584) ; thence along the centerline of Highway Avenue, South 621.73 feet, to the south line of Siino Avenue, being also the south line of said subdivision (21 M 584) ; thence continuing along the centerline of Highway Avenue, as said road is shown on the map of "Bella Monte Subdivision No. 1" filed March 22, 1927, in Book 20 of Maps , at page 546, South 455 feet, to the centerline of Willow Pass Road, the point of beginning. fc:fc.da48aboundary.t5 l� 0 t EXHIBIT B i ORDINANCE NO. / 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 48A 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 48A, Boundary Map and Drainage Plan", dated December, 1984, on file with the Clerk of the Board of Supervisors, is adopted as the drainage plan for Drainage Area 48A 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 past and future developments, that development of property within the drainage area with its resultant increase in impervious surfaces will require construction of the 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 pian, 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 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. 'i. EXHIBIT B 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 $260 per pool . For other construction, modifications or replacements to an existing facility that causes 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 30 cents 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 subdivi- sion 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. n { EXHIBIT B SECTION VII. FEE SCHEDULE Building Permit Subdivision Commercial/Industrial/Downtown Office , 5/acre $M;'L 50/acre r Office Medium): - 10,570/acre 11,815/acre . Office (Light) ; 8,845/acre 9,970/acre Multifamily Residential (including Mobile Home ars Less than 2,500 sq. ft. of land per unit 9,720/acre 9,720/acre 2,500 to 2,999 575/unit 575/unit 3,000 to 3,999 660/unit 660/unit 4,000 to 4,999 770/unit 770/unit 5,000 to 5,999 880/unit 880/unit 6,000 to 6,999 985/unit 985/unit 7,000 to 7,999 1,090/unit 1,090/unit 8,000+ 1,145/unit 1,145/unit Single Family Residential : 4,000 to 4,999 sq. ft. of land per unit 805/unit 1,295/unit 5,000 to 5,999 845/unit 1,345/unit 6,000 to 6,999 860/unit 1,400/unit 7,000 to 7,999 915/unit 1,455/unit 8,000 to 8,999 11 if it970/unit 1,535/unit 10,000 to 13,999 1,075/unit 1,690/unit 14,000 to 19,999 1,255/unit 1,945/unit 20,000 to 29,999 " 1,555/unit 2,330/unit 30,000 to 39,999 " " " If 1,930/unit 2,785/unit 40,000+ 2,315/unit 3,205/unit Agricultural : Under 0% of lot impervious Exempt More than 10% of lot impervious $11,760/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 o 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. I EXHIBIT B 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 founty 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 bonded indebtedness of the drainage area. SECTION IX: 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 he 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. • ! V EXHIBIT B 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 Pittsburg Post-Dispatch, a newspaper published in this county. PASSED -AND ADOPTED ON by the following vote: AYES: NOES: ABSENT: Chairman of the Board ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By Deputy UK:bc UK:DA48A.Exh.B i.