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HomeMy WebLinkAboutRESOLUTIONS - 08281990 - 90/5842.2b 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 McPeak ABSTAIN: None RESOLUTION NO. 90/ 584 SUBJECT: Establishment of Drainage Area 105, 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 105 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 105 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 105, 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/ 584 Drainage Area 105 August 28, 1990 Page 2 of 2 This Board hereby ENACTS Ordinance No. 90-75 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 105 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. 1 hereby certify that this Is a true and correct copy of an action taken and entered on the minute& of the Board of SupeIso on the date shown. ATTESTED: Uz 2 8 1'T9n PHIL BATCHELOR.Clerk of the Board of Supervisors and ILL; Administrator By vaputy 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 SKgm/dmw CADADA105Est.Res(8/16/90) RESOLUTION NO. 90/ 584 E}HBl+l+ "A" Contra Costa County Flood Control and Water Conservation District Drainage Area 105 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 PARC3:L, 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 (T1N, 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 (T1N, 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 ex•da105.a 535 feet from the northeast corner of said PARCEL D.) ; thence along the north line of PARCEL D (67 PM 34) , south 890 51' 53" west 1,500 feet; thence westerly in a straight line 2,200 feet, more or less, to a point on the east line of Section 30 (TIN, ME) that bears southerly 600 feet from the northeast corner of Section 30; thence northwesterly in a straight line 1,620 feet, more or less, to a point on the north line of Section 30 that bears westerly 1,500 feet from the northeast corner of Section 30; thence north 480 00' west 757 feet; thence north 620 00' west 1,631 feet; thence south 800 07' west 416 feet; thence north 490 48' west 582 feet; thence north 670 15' west 535 feet; thence south 860 06' west 215 feet; thence westerly in a straight line 217 feet, more or less, to a point on the west line of Section 19 (T1N, ME) that bears northerly 1,800 feet from the southwest corner of Section 19; thence north 720 27' west 96 feet; thence south 780 39' west 318 feet; thence north 580 19' west 418 feet; thence south 730 11' west 330 feet; thence north 640 22' west 299 feet; thence north 810 37' west 306 feet; thence north 450 08' west 289 feet; thence westerly in a straight line 809 feet, more or less, to a point on the east line of the southwest quarter of Section 24, Township 1 North, Range 1 East, that bears southerly 186 feet from the center of Section 24; thence northerly 186 feet to the center of Section 24; thence along the north line of the southwest quarter of Section 24, westerly 414 feet; thence north 390 33' west 337 feet; thence north 830 21' west 748 feet; thence north 450 13' west 308 feet; thence north 720 53' west 424 feet; thence south 620 03' west 345 feet; thence westerly in a straight line 459 feet, more or less, to a point on the east line of Section 23 (TIN, RIE) that bears southerly 2,100 feet F, the northeast corner of Section 23; thence north 680 34' west 649 feet; thence north 320 07' west 933 feet; thence north 130 37' east 276 feet; thence south 880 36' west 195 feet; thence north 660 13' west 877 feet; thence north 440 34' west 309 feet; thence westerly in a straight line 392 feet, more or less, to a point on the east line of the northwest quarter of said Section 23 that bears southerly 198 feet from the north quarter corner of Section 23; thence along said east line, northerly 198 feet, to said quarter corner; thence along the north line of Section 23, westerly 480 feet; thence north 500 28' west 1,117 feet; thence south 760 03' west 334 feet; thence northwesterly in a straight line 322 feet, more or less, to an angle point, the location of which is described as follows: [commencing at the southwest corner of Section 14 (T1N, ME) ; thence along the west line of Section -14, northerly 900 feet; thence north 850 34' east 379 feet; thence south 700 56' east 352 feet to said angle point]; thence from said angle point north 630 02' east 200 feet; thence north 020 40' west 654 feet; thence north 240 59' east 291 feet; thence north 890 36' east 756 feet; thence northeasterly in a straight line 1,140 feet, more or less, to a point on the south line of the northwest quarter of said Section 14 that bears westerly 106 feet from the center of Section 14; thence along said south line, easterly 106 feet, to the center of Section 14; thence along the east line of said northwest quarter, northerly 444 feet; thence north 840 17' east 233 feet; thence north 140 08' west 251 feet; thence north 240 20' east 189 feet; thence north 420 31' east 1,313 feet, thence southeasterly in a straight line 1,664 feet, more or less, to a point on the west line of 2 ex:dal05.a Section 13 (T1N, RIE) that bears southerly 1,500 feet from the northwest • corner of Section 13; thence south 630 59' east 1,775 feet; thence north 860 55' east 476 feet; thence south 550 38' east 1,220 feet; thence south 800 14' east 532 feet; thence southeasterly in a straight line 1,837 feet, more or less, to a point on the east line of said Section 13 that bears northerly 1,500 feet from the southeast corner of Section 13; thence south 680 07' east 529 feet; thence south 620 23' east 429 feet; thence south 790 32' east 423 feet; thence south 360 50' east 419 feet; thence south 690 35' east 684 feet; thence southeasterly in a straight line 1,144 feet, more or less, to a point on the south line of Section 18 (T1N, R2E) that bears westerly 2,050 feet from the southeast corner of Section 18; thence south 630 14' east 1,762 feet; thence north 520 26' east 298 feet; thence northerly in a straight line 616 feet, more or less, to a point on the south line of'said Section 18 that bears westerly 170 feet from the southeast corner of Section 18; thence along said south line, easterly 170 feet, to said southeast corner; thence along the east line of Section 18, northerly 300 feet; thence north 550 12' east 656 feet; thence north 230 30' east 1,257 feet; thence north 700 15' east 1,095 feet; thence north 860 46' east 914 feet crossing Deer Valley Read; thence south 660 37' east 378 feet; thence south 040 01' east 516 feet; thence south 320 03' west 417 feet; thence south 140 22' east 278 feet; thence north 860 04' east 1,150 feet; thence south 480 07' east 277 feet; thence north 860 40' east 403 feet; thence northeasterly in a straight line 381 feet, more or less, to a point on the east line of Section 17 (TIN, ME) that bears northerly 1,100 feet from the southeast corner of Section 17; thence north 540 35' east 54 feet; thence south 610 30' east 720 feet; thence north 630 25' east 1,072 feet; thence south 890 06' east 704 feet; thence north 780 00' east 768 feet; thence north 610 12' east 403 feet; thence north 770 34' east 450 feet; thence north 890 27' east 713 feet; thence north 090 59' west 688 feet; thence north 560 26' east 392 feet; thence north 150 O1' east 815 feet; thence northerly in a straight Line 1,894 feet, more or less, to a point on the north line of Section 16 TIN, ME) that bears westerly 75 feet frcmt the northeast corner of Section 16; thence easterly 75 feet to said northeast corms, being also the southwest corner of Section 10 (TIN, ME) , thence along the south line of Section 10, easterly 474 feet; thence north 490 35' east 309 feet; thence north 320 06' east 548 feet; thence north 630 39' east 446 feet; thence north 780 56' east 858 feet; thence south 810 37' east 253 feet; thence south 420 47' east 280 feet, more or less, to the centerline of San Jose Avenue shown as "ROAD No 13" on the map of "Subdivision Number Six of Brentwood Irrigated Farms Amended" (17 M 373) ; thence along said centerline, south 000 04' west 300 feet, more or less, to the westerly prolongation of the course shown as "N 890 08' 03" W 17.54" on the boundary of PARCEL "A" of Subdivision MS 148-80" filed February 25, 1983 in Book 104 of Parcel Maps at page 50; thence along said prolongation, south 890 08' 03" east 25 feet, to the boundary of PARCEL "A" (104 PM 50) ; thence along said boundary the following courses: south 890 08' 03" east 17.54 feet, south 810 57' 03" east 286.30 feet, south 570 57' 03" east 119.70 feet, south 040 47' 03" east 310.10 feet, and south 000 32' 57" west 28.80 feet; thence leaving the boundary of PARCEL "A", south 000 37' 57" west 25 feet, to the centerline of 3 ex:dal05.a San Jose Avenue shown as "ROAD No 10" on the map of "Subdivision Number Six of Brentwood Irrigated Farms Amended" (17 M 373) ; thence along said centerline, south 890 22' 03" east (record N 890 46' E (17 M 373) ] 4,744.55 feet, to the centerline of Fairview Avenue shown as "ROAD No 11" on said map (17 M 373) ; thence along the centerline of Fairview Avenue, south 000 02' west 1,274.2 feet, to the westerly prolongation of the south line of Lot 216, "Subdivision Number Five of Brentwood Irrigated Farms Amended,"- filed August 4, 1920 in Book 17 of Maps at page 372; thence along said prolonga- tion arra south lines of Lacs 216 arra 217 of said Subdivision (17 M 372) , north 890 37' east 2,624.2 feet, to the centerline of Minnesota Avenue shown as "SUBDIVISION ROAD G" on said map (17 M 372) ; thence along said centerline, south 000 02' west 26 feet, to "Point D-7" on the control line of "Deer Creek Parcels 56d, 59b, 1-4, 5a and 6" as described in the deed to Contra Costa County Flood Control and Water Conservation District recorded December 1, 1965 in Volume 5004 of Official Records at page 541; thence along said control line and its easterly prolongation, south 890 19' 37" east 1,610 feet, more or less, to the west line of Contra Costa County Flood Control and Water Conservation District Drainage Area 52A adopted July 25, 1978 by Contra Costa County Board of Supervisors Resolution 78/737; thence along said west line, in a general southerly direction 5,730 feet, more or less, to the Point of Beginning. IH:cw:drg ex:da105.a December 11, 1989 4 CRDINANCE NO. 90-75 AN Cl2DINANC E OF THE C OtMRA COSTA CMMY FLOOD OO RMOL AND WATER C OMERVATICNi DISTRICT ESTABLISHM DRAINAGE FEES IN THE C CUM COSTA C OUM'Y FLOOD C>OMMOL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 105 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: SECTICNJ I. C UUWE PLM;. the drainage plan and map entitled "Drainage Area 105, Boundary 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 105 pursuant to Sections 12.2 and 12.3 of the Contra Costa Cour Flood Control and Water Conservation District Act (Chapter 63 of West's Append to the Water Code) . SEGTICJN 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 igmct 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 propefty upai which additional iig3ervious surfaces in said drainage area are coiistnicLal; that U e estimated total of all fees collectible hereunder does not exceal the esU miled total costs of all drainage facilities shown on the drainiaUe plan; airl UiaL Uie drainage facilities planned are in addition to existing drainage facilities already serving the drainage area at Uw time of the adc4ition of the drai vign plan. SBMON III. E;CEMPM NI.S. 11he 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 intervious surfaces, provided the amownt of ground coverage is not increased by more than 100 square feet; 3) To convey laid 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 previansly. SECTICNJ IV. FEE DEFERMERr. 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 thedevelopment. The deferment of fee is oorditional 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 PERPM. Except as permitted under Section III and rv, 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 VIZ. ORDINANCTs NO. 90-75 Page 1 of 3 SG(.I'ION VI, SUBDIVISIONS. Except as permitted under Sections III and IV, Uie s dAivider shall pay the drainage fee imi We entire proposed subdivision or on ea(li individual whit for Mddh a fLkil or parcel map is filed prior to recordation of said map. Tbwn houx;e, cxmAiniinium,and cluster housing type subdivisions creating individual lots less than 4,000 square feet shall be treated as multifamily residential aix) U)e lot size used in determining Uie 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. Tthe fee amount shall be as set forth in Section VII. SBCrION VII. FEE SO))EMILE Building Permit Subdivision Ooxmiervial/Industrial/Downtown Office 6990/acre 7510/acre Office (Medium) : 5990/acre 6695/acre Office (Llcdht) : 5015/acre 5650/acre Multifamily Residential (Including Mobile Hone Parks) : Less than 2,500 sq. ft. of land per unit 5510/acre 5510/acre 2,500 to 28999 to of 325/unit 325/unit 3,000 to 3,999 of 375/ to 375/ " 4,000 to 4,999 435/ "435/ " 50000 to 58999 of a 5500/ a SO0/ it 6,000 to 6,999 110 0/ ton560/ 7,000 to 7,999 620/ Of 620/ to 81000 + 650/ "650/ to Simle Family Residential: 4,000 to 4,999 sq. ft. of land per unit 460/unit 735/unit 5,000 to 51999 to 480/ " 765/ " 6,000 to 6,999 500/ it 795/ " 71000 to 7,999 to 520/ " 825/ " 8,000 to 9,999 It of 550/ of 870/ " 10,000 to 13,999 of 610/ " 960/ " 14,000 to 19,999 of 710/ "1100/ " 20,000 to 29,999 of of 880/ to 1320/ " 30,000 to 390999 to 1095/ "1580/ of 40,000 + to to 1310/ Of 1820/ Of Aaricultural: Under 10% of lot impervious E eftpt More than lot 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 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 lard 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 wilt. For multifamily residential including mobile honeparks) 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 wilts proposed to be on the lot. SECTION VIII. FEE PRYM Rr. 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 aeoount 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 boded indebtedness of the drainage area. CPDINANCE No. 90-75 Page 2 of 3 SECMCN IX: CREDIT: Drainage fees previously paida shall be credited as i. follows: a) Where drainage fees have been paid under a farmer drainage fee ord- inanoe based on acreage, fees shall riot be required under Section VII for any part of the total area for which the fee was paid, e=ept in the case of a resubdivision. b) Where drainage fees have been paid under this ordinance ar another drainage fee ardinanoe based on impervious surface, fees shall not be required under section vu for the total impervious surface area for which the fee was paid. However, fees shall be payable under Section Vn for any additional impervious surface area. c) Where drainage fees have been paid other than pursuant to an adopted drainage fee ardinanoe, the dollar mount of the fee paid for the development site in question shall be credited against the fees payable under Section VII. SDCITCN X. EE'F'sCIM DATE. 'suis 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 "Brentwood News", a newspaper published in this county. PASSED AND ADOPIED CN August 28, 1990 , by the following vote: AYES:Supervisors Powers, Torlakson and Fanden NOES:None ABSENT: Supervisors Schroder and McPeak Chair o the Board ATTEST: PHIL BATQHELER, Clerk of the Board of Supervisors and County ]dni n i strator yDeputy PC:CRD105.T6 Rae 5, 1990 CEDDMNM NO. 90-75 Plage 3 of 3