HomeMy WebLinkAboutMINUTES - 02281989 - 1.17 . 1-01"' i
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 February 28, 1989 by the following
vote:
AYES: Supervisors Powers , Fanden, McPeak and Torlakson
NOES: None
ABSENT: Supervisor Schroder RESOLUTION NO. 89/ 123
(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 19A, to Institute Drainage Plans
Therefor, and to Enact a Drainage Fee Ordinance, North
Richmond Area. Project # 7505-6F8280.
The Board of Supervisors of Contra Costa County, as the
Governing Board of the Contra Costa County Flood Control and
Water Conservation District, RESOLVES THAT:
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
establishment of Drainage Area 19A consisting of that real
property described in Exhibit "A" , attached hereto and
incorporated herein by reference.
This Board also has before it the Engineer's Report and the
Drainage Plan, entitled "Drainage Area 19A, Boundary Map and
Drainage Plan" , dated July 1988, proposed to be instituted for
Drainage Area 19A. 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,
-Maxtinez, 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 19A be established, that a
drainage plan be instituted therefor, and that the attached
drainage fee ordinance be enacted.
At 11:00 a.m. on April 11, 1989, 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 enactment 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
Drainage Area 19A, the institution of the drainage plan therefor,
and the enactment of the proposed drainage fee ordinance for
Drainage Area 19A. Upon conclusion of the hearing, the Board may
abandon the proposed actions, or proceed with the same.
The Clerk of this Board is 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
RESOLUTION NO. 89/123
Y ' i
"West County, 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 said Drainage Area include lands
within the City of Richmond and the sphere of influence of the
City of Richmond. 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.
1 hereby certify that this is,a true and correct copy of
an action taken and entered on the minutes at Ow
board of SwmmtwsFEB 2 8 1989 own.
ArMGTED:
PML 9ATCM011,Cis*of the Board
at superrlaors tlid County Adminidr*W
Deputy
DHE:dmw .
DA19ANot.t3 y
Orig. Dept. : Public Works Department (FCE)
cc: County Administrator
Community Development
Building Inspection
County Counsel
County Assessor
County Treasurer - Tax Collector
County Auditor - Controller
City of Richmond
Chief Engineer
Flood Control Engineering
Accounting
Engineering Services
Ralph Garrow, Inc.
P.O. Box 367
Antioch CA 94509
Gregory Hodges, Development Manager
Citation Homes
597 Center Avenue, Suite 150
Martinez, CA 94553
Building Industry Association
Eastern Division
1280 Boulevard Way, #211
Walnut Creek, CA 94596
David Lennon -
Hoffman Company
P.O. Box 907
Concord, CA 94522
William Thompson
Trammell Crow Company
591 Redwood Hwy. , Suite 5275
Mill Valley, CA 94941
RESOLUTION NO. 89/ 123
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EXEl= A
CC IIRA COSTA COUNTY FIDOD L AND 10= OONSE RVA'LTiau DISTRICT
IOUNAGE AREA 19A
A portion of San Pablo Rancho and a portion of Section 2, Township 1 North,
Range 5 West, Mount Diablo Base and Meridian, situated within Contra Costa
County, California, described as follows.:
References to maps, documents, boundary lines, and ownerships are to
Official Records of said County.
Beginning on the centerline of Third Street at a point which bears South 010
10' 23" West 331.6 feet from the standard street monument at the
intersection of Parr Boulevard and 'Third Street as shown on the map entitled
"A Precise Section of the Streets and Highways Plan - Contra Costa County-
North Richmond Bypass" recorded November 5, 1969 in Volume 5998 at Page 209;
thence North 880 45' 37" West 226.23 feet; thence Westerly 286.8 feet along
the arc of a curve concave to the south with a radius of 520 feet and a
central angle of 310 36' 03"; thence South 590 38' 20" West 80.24 feet;
thence Westerly 213.9 feet along the arc of a curve concave to the north
with a radius of 520 feet and a central angle of 230 34' 05"; thence South
830 12' 25" West 263.54 feet; thence Westerly 83.13 feet along the arc of a
curve-concave to the north with a radius of 1,200 feet and a central angle
of 030 58' 0911; thence South 876 10' 34" West 530.48 feet; thence Westerly
145.36 feet along the arc of a curve concave to the north with a radius of
600 feet and a central angle of 130 52' 50"; thence North 780 56' 36" West
194.96 feet to a point on the centerline of North Richmond Bypass (5998 OR
209) ; thence North 780 56' 36" West 348.02 feet; thence Westerly 245.3 feet
along the arc of a curve concave to the north with a radius of 700 feet and
a central angle of 200 04' 40"; thence North 580 51' 56" West 220 feet, more
or less, to the northerly prolongation of the westerly line of Garden Tract
Road; thence along said prolongation and westerly line, Southerly 2,550
feet, more or less, to the southerly terminus of Garden Tract Road right of
way described in the deed to Contra Costa County recorded September 28, 1956
in Volume 2852 at Page 423; thence along the southerly line of said right of
way, East 30 feet, to the easterly line of Parcel 10 as described in the
deed to West Contra. Costa Sanitary District recorded June 8, 1983 in Volume
11287 at Page 215; thence along said easterly line and the easterly lines of
Parcels 11 and 12 (11287 OR 215) , Southerly 1,200 feet, more or less, to the
southwesterly corner of Parcel Eight described in the deed to M. V. Nursery,
Inc. , a corporation, recorded August 29, 1973 in Volume 7034 at Page 591;
thence along the southerly and southeasterly lines of Parcel Eight, Easterly
and Northeasterly 800 feet, more or less, to the westerly right of way line
of North Richmond Bypass (5998 OR 209) ; thence Northeasterly 65 feet, more
or less, to Point "E" described in the deed to Contra Costa County Flood
Control and Water Conservation District recorded April 27, 1984 in Volume
11762 at Page 745; thence along the described line (11762 OR 745) in a
general northeasterly direction 2,119.71 feet to Point "A" (11762 OR 745) ;
thence continuing along said described line, South 880 41' 00" East 95 feet;
thence Easterly 137.65 feet along the arc of a curve concave to the north
with a radius of 400 feet and a central angle of 190 43' 00"; thence North
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710 36' 00" ,East 178.28 feet; thence Easterly 137.94 feet along the arc of a
curve concave to the south with a radius of 270 feet and a central angle of
290 16' 20"; thence leaving said described line (11762 OR 745) , South 790
07' 40" East 162.65 feet; thence Easterly 270.51 feet along the arc of a
curve concave to the north with a radius of 460 feet and a central angle of
330 41' 39"; thence North 670 10' 41" East 265.77 feet; thence Easterly
126.84 feet along the arc of a curve concave to the south with a radius of
480 feet and a central angle of 150 08' 24"; thence North 820 19' 05" East
148.46 feet; thence Easterly 120.86 feet along the arc of a curve concave to
the north with a radius of 520 feet and a central angle 13:0 19' 02"; thence
North 690 00' 03" East 90.32 feet; thence Easterly 226.73 feet along the arc
of a curve concave to the south with a radius of 320 feet and a central
angle of 400 35' 42"; thence South 700 24' 15" East 55 feet; thence Easterly
175 feet, more or less, along the arc of a curve concave to the north with a
radius of 760 feet, to the westerly line of the 100 feet in width right of
way of Southern Pacific Railroad Company; thence along said westerly line,
Northerly 2,100 feet, more or less, to the centerline of San Pablo Creek;
thence in a general westerly direction 2,700 feet, more or less, along said
centerline to the easterly line of Third Street; thence Westerly 40 feet,
more or less, to the point of beginning.
IH:pg
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DA19A.E,xhA
October 13, 1988
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EXHIBIT "B"
ORDINANCE NO.
AN ORDINANCE OF THE
CONTRA C0STA COUNTY FLOOD CONTROL
AND
VQ= CONSERVATION DISTRICT
NBI TSKENG DRAINAGE FSS IN THE
CONTRA COSTA COUNTY FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
DRAINAGE AREA 19A
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 19A, Boundary Map and Drainage Plan", dated July, 1988, 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 19A
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 developmmt,
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 impervious surfaces, will require
the constriction 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; arra 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. EXEMPTIONS. The fee shall not be required for the
following: 1) Tb replace a structure destroyed or damaged by fire, flood, winds
or other act of God, provided the resultant structure has the same, or less
impervious surface as the original structure; 2) To 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 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.
SECTION IV. FEE DEFMI'. 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 $300 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
ORDINANCE NO. /
Page 1 of 3
subject to a fee of $0.35 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 subdivision 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 arra 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.
SEC'T'ION VII. FEE SCHEDULE Building Permit Subdivision
'commercial/Industrie"./Downty m Office $14.390/acre $15,460/acre
Office (Medium): 12,335/acre 13,785/acre
Office (Light) : 10,320/acre 11,635/acre
Multifamily Residential (Including Mobile
Home Parks) :
Less than 2,500 sq. ft. of land per unit 11,340/acre 11,340/acre
2,500 to 2,999 ". of670/unit 670/unit
3,000 to 3,999 it " 770 " 770 "
4,000 to 4,999 It " 895 " 895 "
5,000 to 5,999 it " 1,025 " 1,025 "
6,000 to 6,999 if " 1,150 " 1,150 "
7,000 to 7,999 to " 1,275 " 1,275 "
8,000 + It " 1,335 " 1,335 "
Single Family Residential:
4,000 to ' 4,999 sq. ft. of land per unit $ 940/unit $1,510/unit
5,000 to 5,999 " It 985 " 1,570 "
6,000 to 6,999 of " 1,025 " 1,635 "
7,000 to 7,999 of " 1,070 " 1,700 "
8,000 to 9,999 " " 1,130 " 1,790 "
10,000 to 13,999 " " 1,255 " 1,970 "
14,000 to 19,999 " " 1,465 " 2,270 "
20,000 to 29,999 " " 1,815 " 2,720 "
30,000 to 39,999 " " 2,250 " 3,250 "
40,000 + 2,700 " 3,740 "
Agricultural:
Under 10% of lot impervious Exempt
More than 10% of lot impervious 13,720/acre of developed portion
On single family lots, barns and sheds in excess of 400 square feet and
tennis and sports courts shall not be considered as incidental residential
facilities included in the above fee schedule. The drainage fee for the portion
of these- facilities in excess of 400 square feet shall be calculated using the
square foot fee in Section V, and it shall be in addition to the above fee
amounts.
For the purpose of this ordinance, subject to Section VI, lot size shall
be: (1) for existing lots, that land shown on the latest equalized assessment
roll as a lot; or (2) for new subdivision lots, that land shown on the final or
parcel map as a lot. The fee amounts under "Single Family Residential" shall
apply to lots containing only one dwelling unit. For multifamily residential
(including mobile home parks) the "square feet of land per unit" shall be the
quotient obtained by dividing the lot size in square feet by the number of
dwelling units proposed to be on the lot.
SECTION VIII. FEE PANT. 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
ORDINANCE NO. /
Page 2 of 3
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) mere 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 the dollar amount of
the fee paid for the development site.
c) Where drainage fees -h..ve been paid pursuant to this ordinance or other
ordinance based on impervious surface, the credit shall be based on the
ordinance in effect at the time of the additional payment.
SECTION X. EFFECTIVE DATE. This ordinance becomes effective 60 days after
passage, and within 15 days of passage shall be published once with the names of
supervisors voting for and against it in the Contra Costa Times, a newspaper
published in this county.
PASSED AND ADOPTED ON , by the following vote:
AYES:
NOES:
ABSENT:
Chairman of the Board
ATIESS'T: PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Admin_i.strator
By
Deputy
DHE:dmw
DA19a.ord.t3
ORDINANCE NO. /
Page 3 of 3