HomeMy WebLinkAboutMINUTES - 12191989 - 1.17 - 017
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 December 19, 1989 by the following
vote:
AYES: Supervisors Fanden, Schroder, McPeak and Torlakson .
NOES: None
ABSENT: Supervisor Powers
ABSTAIN: None Resolution No.89/794
(West's Water Code App.
Ch. 63, Sec. 12.2 and 12.3)
SUBJECT: Notification of Hearing to Consider Establishment of
Drainage Area 33C, the Institution of a Drainage Plan,
and the Adoption of a Drainage Fee Ordinance and
Credit and Reimbursement Policy, Concord Area.
Project No. 7505-6F8179.
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:
The Contra Costa County Flood Control and Water Conservation
District Act, hereinafter referred to as Act, provides authority
for said Governing Body to establish drainage areas, institute
drainage plans, and adopt drainage fee ordinances.
This Board has before it for consideration the proposed
establishment of Drainage Area 33C consisting of that real
property described in Exhibit "A", attached and incorporated
herein by reference.
This Board also has before it the Engineer's Report and the
Drainage Plan, entitled "Drainage Area 33C Boundary Map and
Drainage Plan", dated November 1989, proposed to be instituted
for Drainage Area 33C. 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 and marked Exhibit "B".
It is proposed that Drainage Area 33C be established, that a
drainage plan be instituted, and that the attached drainage fee
ordinance be adopted.
It is further proposed that the Drainage Fee Credit and
Reimbursement Policy dated June, 1989 be adopted for the
administration of the aforementioned drainage fee ordinance.
At 11:00 a.m. on January 30, 1990, 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, the adoption of the
attached drainage fee ordinance and the institution of the
drainage plan for the 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 Drainage Area 33C, the institution of the
drainage plan, and the adoption of the proposed drainage fee
ordinance and Credit and Reimbursement Policy for Drainage, Area
33C. Upon conclusion of the hearing, the Board may abandon the
proposed actions, or proceed with the same.
RESOLUTION NO. 89/ 794
The Clerk of this Board is DIRECTED to publish a Notice of
Hearing, pursuant to Government Code 6066, once a week for two
(2) successive weeks prior to the hearing in the Contra Costa
Times a newspaper of general circulation, circulated in the area
proposed to be formed into said Drainage Area. Publication shall
be completed at least seven (7) days before said hearing and said
notice shall be given for a period of not less than twenty (20)
days.
The exterior boundaries of the proposed drainage area
include lands within the City of Concord. The Clerk of this
Board is DIRECTED to forward to the governing body of said City,
a copy of this Resolution at least twenty (20) days before the
above noted hearing.
The Clerk of the Board is further DIRECTED to mail a copy of
the Notice of Public Hearing to any interested party who has
filed a written request for mailed notice with the Clerk of the
Board or with the District, as provided by Government Code
Section 54986 (a) and 54992 (1) . Said mailing shall be performed
at least fourteen (14) days prior to the hearing.
I hereby certify that this is a true and cornett copy of
an action taken and entered on the minutes of the
Board of Supervisors on
nthe data wn.
ATTESTED: n lyy yy
PHIL BATCHELOR,Clerk of the Board
of Supervisors and Co my Administrator
V
Deputy
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
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
City of Concord
1950 Parkside Drive
Concord, CA 94519
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RESOLUTION NO. 89/ 794
El�ilffiT "A"
EPAINAGE AREA 33C
BOUNDARY M=ON
All of that property situated in Contra Costa County, California, being a
portion of Rancho Monte Del Diablo, a portion of sections 1 and 2, Township
1 North, Range 1 West, Monnt Diablo Meridian, and a portion of sections 35
and 36, Township 2 North, Range 1 West, Mount Diablo Meridian. All
references to boundary lines and. ownerships are of the Records of said
County.
Beginning at the intersection of the centerline of Ayers Read with the
centerline of laurel Drive; thence, leaving said Point of Beginning, along
the centerline of laurel Drive, southeasterly 1453 feet, more or less, to
the intersection with the southwesterly prolongation of the northwesterly
boundary 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 said northwesterly boundary line north 310
18' 24" east 30.00 feet to a point on the northeasterly right of way line of
laurel Drive, being the most westerly corner of Lot 1 (273 M 41) ; thence,
along the northwesterly boundary line of Subdivision 5727, north 310 18' 24"
east 501 feet, more or less, to the most westerly corner of Int 4 (273 M
41) ; thence, along the southerly line of Lot 4 and its southeasterly
prolongation, south 470 11' 50" east 152.00 feet to a point on the
centerline of Ellard Place; thence, along the centerline of Ellard Place,
southwesterly 36.52 feet along the arc of a curve concave to the southeast
with a radius of 200.00 feet; thence radially to said curve south 570 39'
38" east 25.00 feet to the most westerly corner of lot 10 (273 M 41) ; thence
along the southerly lines of lots 10 and 9 of Subdivision 5727, south 580
41' 36" east 320.03 feet to a point on the southeasterly line of Subdivision
5727; thence, along said southeasterly line, south 310 18' 24" west 427.00.
feet to the most southerly corner of lot 16; thence, along the southwesterly
prolongation of the southeasterly line of Subdivision 5727, south 310 18'
24" west 30.00 feet to a point on the oenterline of laurel Drive; thence
along the centerline of laurel Drive, southeasterly 1,180 feet, more or
less, to the southwesterly prolongation of the northwesterly line of the
parcel of land described in the deed to Nullet Iewis Schneider and Sandra
Jean Schneider Living Trust recorded October 17, 1988 in Book 14656 of
Official Records at page 370; thence along said northwesterly line north 290
44' east 177.5 feet to the most westerly corner of that 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 the northwesterly
line of said Lessard Parcel (7950 O.R. 477) , north 290 44' east 250.00 feet
to the most northerly corner of said Lessard Parcel; thence, along the
northeasterly line of said Lessard Parcel (7950 O.R. 477) , southeasterly 45
feet, more or less,. to the most westerly corner of Subdivision 4418 filed
September 5, 1974 in Book 172 of Maps at page 47; thence along the
southwesterly and southeasterly boundary of Subdivision 4418 (172 M 47)
south 580 41' 45" east 245.10 feet and north 310 18' 15" east 397.27 feet to
the northeasterly corner of Lot 9 (172 M 47) ; thence, leaving Lot 9,
northeasterly in a direct line, 55 feet, more or less, to the 1most southerly
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, north 290 44' east 377.80 feet to the most
easterly corner of said Int 3 (22 L.S.M. 13) , said point'bei t ng the most
southerly corner of that parcel of land described in the deed to J. was
Pixton, et ux, recorded June 4, 1981 in Book 10353 of Official Records at
page 256; thence along the southeasterly line of said 'Pixton Parcel (10353
O.R. 256) north 290 44' east 201.79 feet to a point on the general southerly
boundary of the parcel of land described in the Fourth Amendment to Lis
Pendens of the United States of America recorded March 29, 1945 in Book 812
of Official Records at page 413, said point bears south 660 53' 10" east
738.36 feet from 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 the general southerly boundary
of said United States of America Parcel (812 O.R. 413) , in a general
easterly, northeasterly and northerly direction 5769 feet, more or less, to
the southerly terminus of the course with a bearing and distance of south
3015.617 feet; thence north along last said course 1800 feet to the
intersection of the northerly line of the Southeast 1/4 of said Section 35
(T2N, R1W, M.D.M.) , said point of intersection being the northwesterly
corner of Parcel Four as described in the deed to North State Development
Co. Recorded November 30, 1984 in Book 12086 of Official Records at page
369; thence leaving said United States of America Parcel (812 O.R. 413),
along the said northerly line of the southeast 1/4 of said Section 35 (T2N,
R1W, M.D.M.) easterly 1770 feet, more or less, to the easterly 1/4 corner of
said Section 35; thence, southerly, along the easterly line of said Section
35, 2,640. feet, more or less, to the southeast corner of said Section 35;
thence leaving said southeast corner, easterly, along the southerly line of
Section 36 (T2N, R1W, M.D.M.) , 1,260 feet, more or less, to the intersection
with the northerly prolongation of the course with a bearing and distance of
north 70 east 1,400 feet described in Drainage Area 33A; thence leaving said
Section line, along the said northerly prolongation, south 70 west 400 feet,
more or less, to the northerly terminus of said course (north 70 east 1,400
feet) also being the most northerly point on Drainage area 33A; thence along
the general northerly, westerly, and southerly boundary of Drainage Area
33A, in a general southerly, westerly, southwesterly, and easterly direction
11,282 feet, more or less, to the northeasterly corner of Parcel B as shown
on the map of Subdivision M9 20-66, filed February 23, 1966 in Book 40 of
Licensed Surveyors' Maps at page 17; thence, along the northerly line of
said Parcel B, north 600 16' west 203.78 feet to the most easterly corner of
Parcel B as shown on the map of Subdivision NS 54-72 filed April 18, 1974 in
Book 33 of Parcel Maps at page 11; thence along the northerly line of Parcel
B (33 P.M. 11) north 600 16' west 80.00 feet to the most easterly corner of
Parcel B as shown on the map of Subdivision MS 93-70 filed May 28, 1971 in
Book 17 of Parcel Maps at page 2; thernee,along the northerly line of Parcel
B (17 P.M. 2) north 580 41' 02" west 123.78 feet to the northeasterly corner
of Subdivision 3292 filed April 9, 1964 in Book 98 of Maps at page 21;
thence, along the northerly line of Subdivision 3292, north 580 41' 02" west
203.78 feet to the northeasterly corner of Parcel B of Subdivision NSC 12-87
filed February 5, 1988 in Book 132 of Parcel Maps at page 7; thence along
the northerly line of Parcel B (132 P.M. 7) north 580 41' 44" west 103.79
2
feet to the most easterly corner of that parcel of land described in the
deed to Frank John Rossini, et ux, recorded September 18, 1984 in Book 11980
of Official Records at page 7; thence along the northerly line of said
Rossini parcel, north 600 16' west 100.00 feet to the most southerly corner
of- Subdivision 5104 filed January 26, 1978 in Book 207 of Maps at page 31;
thence, along the southwesterly boundary of Subdivision 5104, north 580 41'
28" west 541.44 feet to the most southerly cornea of Subdivision 6574 filed
February 11, 1986 in Book 298 of Maps at page 43; thence, along the
southwesterly b=rlary of Subdivision 6574, north 580 41' 28" west 200.17
feet; thence along the northwesterly boundary of Subdivision 6574 and its
northeasterly prolongation, north 310 18' 32" east 433.33 feet to a point on
the centerline of Concord Boulevard; thence, along the centerline of Concord
Boulevard northwesterly 1005 feet, more or less, to the intersection with
the northeasterly prolongation of the northwesterly line of the parcel of
land described in the deed to James P. Schiele, et ux, recorded February 7,
1986 in Book 12734 of Official Records at page 487; thence, along said
northeasterly prolongation and said northwesterly line, south 420 16' west
184.08 feet to the most westerly corner of said Schiele parcel (12734 O.R.
487) , said point lying on the northeasterly boundary of the Ayers Park Unit
No. 3 filed January 25, 1954 in Book 53 of Maps at page 1; thence, along
said northeasterly boundary (53 M 1) , north 460 05' west 181 feet, more or
less, to -the most northerly corner of said Ayers Park Unit No. 3 (53 M 1) ;
thence, along the northwesterly boundary of said Ayers Park Unit No. 3,
south 430 55' west 245 feet, more or less, to the most southerly corner of
Subdivision 3867 filed June 11, 1969 in Book 126 of Maps at page 36; thence,
along the southwesterly boundary of Subdivision 3867, north 460 06' 27" west
697.64 feet to the most southerly corner of Subdivision 4545 recorded
February 15, 1974 in Book 166 of Maps at page 35;. thence, along the
southwesterly line of Subdivision 4545 and its northwesterly prolongation,
north 460 08' 10" west 356 feet; more or less, to a point on the easterly
line of Lot B of Subdivision 3496 filed October 29, 1969 in Book 128 of maps
at page 47, said easterly line being the westerly right of way line of the
Bay Point & Clayton Railroad; thence along the said easterly line of Lot B
of Subdivision 3496 (128 M 47) and its northerly prolongation, north 160
52' 34" east 560 feet, more or less, to the most southerly corner of Lot C
of Subdivision 3496 (128 M 47) ; thence, along the easterly line of Lot C,
north 160 52' 34" east 686.78 feet to the most southerly corner of Laura
Park - Unit No. 3 filed April 2, 1953 in Book 50 of Maps at page 12; thence,
along the southeasterly prolongation of the southwesterly boundary line of
Laura Park - Unit No. 3 (50 M 12) , south 460 33' 10" east 68.06 feet to a
point on the easterly line of the Baypoint & Clayton Railroad right of way
recorded in Book 167 of Deeds at page 353; thence, along said easterly riot
of way line (167 D 353) , northerly 220 feet, more or less, to the
intersection with the centerline of Laurel Drive; thence, along the
centerline of Laurel Drive, southeasterly 1,935 feet, more or less, to the
,intersection with the centerline of Ayers Road, the Point of Beginning.
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EPAINAGE.AIM 33C
The Board of Supervisors of Contra costa county as the averring 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 33C, Boundary Map and Drainage Plan", dated November, 1989, on file with
the Clerk of the Board of Supervisors, is adapted as the drainage plan for the
Contra Costa County Flood control and Water conservatican District Drainage Area
33C 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 develcpwnt
of .property within said drainage area will have a significant adverse impact on
existing and future develcpTents; that develcpnent of property within the
drainage area, with its resultant increase in impervious surfaces, will require
the construction of facilities described in the drainage plan; that the fees
herein provided to be charged are uniformly applied on a square foot of
impervious surface basis and fairly apportioned within said drainage area on the
basis of benefits conferred on property upon which additional impervious. surfaces
in said drainage area are constructed; that the estimated total of all fees
collectible hereunder does not exceed the estimated total costs of all drainage
facilities shown on the drainage plan; and that the drainage facilities planned
are in addition to existing drainage facilities already serving the drainage area
at the time of the adoption of the drainage plan.
SECTION III. MOVITONS. 9be 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) Th modify structures or other
impervious surfaces, provided the amount of ground coverage is not increased by
more than 100 square feet; 3) To convey land to a 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 DEFERM1T. 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.
SEMON V. BUILDING PER MS. E.mept 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 $380 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 imgpervious surface shall be
subject to a fee of $0.44 per square foot, but not to exceed the amount required
under Section VII.
CMIbMNCE NO. 90/ Page 1 of 3
SECTION VI. SUBDIVISIONS. Except as permitted under Sections III and IV,
the subdivider shall pay the drainage fee on the entire proposed subdivision or
on each individual unit for which a final or parcel map is filed prior to
recordation of said map. Town house, cndominium,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.
SEMOK VII. FEE SCHMIUIE Building Permit Subdivision
C7omnexcialfIndustrial/Downtown Office $18,095/acre $19,435/acre
Office (Medium: $15,505/acre $17,325/acre
Office (Light) : $12,975/acre $14,625/acre
Multifamily Residential (Including Mobile
Home Parks) :
less than 2,500 sq. ft. of land per unit $14,255/Acre $14,255/Acre
2,500 to 2,999 of it $845/unit $845/unit
3,000 to 3,999 " of $970/unit $970/unit
4,000 to 4,999 " if $1,125/unit $1,125/unit
5,000 to 5,999 " if $1,290/unit $1,290/unit
6,000 to 6,999 " of $1,450/unit $1,450/unlit
7,000 to 7,999 " of $1,600/unit $1,600/unit
8,000 + " " $1,680/unit $1,680/unit
Single Family Residential:
4,000 to 4,999 sq. ft. of land per unit $ 1,185/unit $ 1,895/unit
5,000 to 5,999 if if $ 1,235/unit $ 1,975/unit
6,000 to -6,999 of if $ 1,290/unit $ 2,055/unit
7,000 to 7,999 of if $ 1,340/unit $ 2,135/unit
8,000 to, 9,999 of to $ 1,420/unit $ 2,250/unit
10,000 to 13,999 of it $ 1,580/unit $ 2,475/unit
14,000 to 19,999 it to $ 1,845/unit $ 2,850/unit
20,000 to 29,999 it to $ 2,280/unit $ 3,420/unit
30,000 to 39,999 of to $ 2,830/unit $ 4,085/unit
40,000 + of " $ 3,390/unit $ 4,705/unit
Agricultural:
Under 10% of lot impervious Exert
More than 10% of lot impervious $17,250 /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. Mie 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 sham 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" -Whall be the
quotient obtained by dividing the lot size in square feet by the number of
dwelling units proposed to be on the lat.
SEMON VIII. FEE PAYMEIT. 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 bonded indebtedness of the drainage area.
ORDnWX E NO. 90/ Page 2 of 3
SECTION IX: CREDIT F10R PREVICUS PAYMENT OF FEES. Drainage fees previously
paid shall be credited as follows:
a) Where drainage fees have been paid under a former drainage fee
ordinance based on acreage, fees shall not be required under Section
VII for any part of the total area for which the fee was paid, except
in the case of a resubdivision.
b) here drainage fees have been paid tinder this ordinance of another
drainage fee ordinance based on impervious surface, fees shall not be
required uxder Section VII for the total impervious surface area for
which the fee was paid. However, fees shall be payable under Section
VII for any additional impervious surface area.
c) mere drainage fees have been paid other than pursuant to an adopted
drainage fee ordinance, the dollar amount of the fee paid for the
developwnt site in question shall be credited against the fees payable.
under Section VII.
SECTION X. EF7ECrIVE DATE. This ordinance be aures 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 , by the following vote:
AYES:
NOES:
ABSENT:
Chair of the Board
ATIM'T:, PHIL BATQdEU R, Clerk of the
Board of Supervisors and
County Acddnistrator
By
Deputy
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ORDINANCE NO. 90/ Page 3 of 3