HomeMy WebLinkAboutMINUTES - 12112001 - SD.3 t
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
AS THE GOVERNING BODY OF CONTRA COSTA COUNTY
FLOOD CONTROL & WATER CONSERVATION DISTRICT
Adopted this Resolution on December 11, 2001, by the following vote:
AYES: SUPERVISORS GIOIA, GERBER, DESAULNIER, GLOVER and UILKEMA
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2001/ 582
SUBJECT: Amendment No. 2 of Drainage Area 52D, Adopted Plan, Repeal of Drainage Fee
Ordinance No. 98-58, and Adopting of a New Drainage Fee Ordinance for Drainage
Area 52D; Oakley Area. Project No. 7584-6D8227-01
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 October 23, 2001, the Board adopted a Resolution proposing to amend the adopted plan for
Drainage Area 52D, and to repeal the existing drainage fee ordnance and to adopt a new drainage fee
ordinance for the drainage area.
On December 11, 2001,pursuant to the Board's Resolution of October 23, 2001, this Board
held a hearing to consider the amendment of said drainage area plan, the repeal of the existing drainage
fee ordinance No. 98-58, and the adoption of a new drainage fee ordinance. All written and oral
objections presented concerning the proposed amendment of said drainage area plan, the repeal of .
drainage fee ordinance No. 98-58, and adoption of a new 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.
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 date shown.
ATTESTED: ;December 11, 2001
JOHN SWEETEN, Clerk of the Board
;y4e
of Supervisors and County Administrator
Beputy
RESOLUTION NO.2001/ 582
; V /b
LEGAL PUBLICATION REQUISTION
Contra CotCounty s a
From: Clerk of the Board To: Brentwood News
651 Pine St., Room 106 PO Box 5 1.7
Martinez, CA 94553 Brentwood, CA. 94512
Requested by: EMY sxaRP Date: NOVEMBER o6, 2001
Phone No: 925=335-1903 Reference No: 593
Org: 7584 Sub Object: 2190 Task: sas Activity: 6D8227- I
Publication Date (s): November .l§; 2001 and November 23 ; 2001
No. of Pages:
LEGAL PUBLICATION-_', i° � ✓��
t �
****Immediately upon expiration of publication,****
send in one affidavit for tach publication in
order that the auditor may be authorized to pay your bill.
Authorized Signature:
Please confirm date of publication & receipt of this fax. By telephone please.
LEGAL NOTICE
Contra Costa County Flood Control
And :;.:
Water Conservation District
NOTICE OF PUBLIC HEARING
The Board of Supervisors, as the Governing Body of the Contra Costa County Flood
Control and Water Conservation District, has set 9:00 am on December 11, 2001,
Administration Building, 651 Pine Street, Martinez, California 94553, as the time and
place for a hearing on an amendment to the existing Drainage Plan and the repeal of
Drainage Fee Ordinance No. 98-58 and the adoption of a new drainage fee ordinance
for Drainage Area 52D under the provisions of the Flood Control District Act.
The proposed amendment of the existing drainage plan will modify sizes of some storm
drain lines within Drainage Area 52D.
The new drainage fee ordinance will increase the fee from $0.66 to $0.80 per square
foot of impervious area in order to finance the completion of the drainage facilities
shown in the proposed drainage plan.
The proposed drainage fee ordinance, engineer's report, and the proposed drainage
plan are on file and available for inspection at the Flood Control District Office, 255
Glacier Drive, Martinez, California, 94553, or at the office of the Clerk of the Board of
Supervisors.
At the public hearing, the Board will consider all written and oral comments on the
proposed action, and either approve the proposed action, continue the proceedings, or
abandon the proposed action.
Published in accordance with Resolution No. 2001 508 passed on
Publish November 1° , 2001 and November 23 , 2001.
BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY
JOHN SWEETEN
CLERK OF THE BOARD OF l
SUPERVISORS AND COUNTY By :
ADMINISTRATOR Deputy
G:\GrpData\FIdCU\Administration\DA52DPackage.doc Dated : October 23 , 2001
Resolution 2001 / 508
C7 N 'f O
�y
O
x
y.
O O O � O
--
O O O '.�p•>
-+ cL
zr
CD
23
CD
..: (D Q XUl Z R>
O vir+
.(L] .+(O N(O CD rn m
O = O O O �, cn O O p ',� Cd
x
CD
p;:..
CD AI
PI
CL
O (D
_:. CD
" wZ5Q p (Q cr. (CD CL x< to
O `V CD
```YD rF `�V I F O
D
CD
- 03 s � Q3
w (p nQ-
(C)
(n ,�� .fir CD 0 (Dpg. Y CD
CD 0
w; 'T (D CD¢ (fl O (QPV
-' S -0 (D (DCf) r
......
o
CD
31�
CD Cn
<�. \ ..co O (n O <. D CD
Q CD fD
O (D
O XC 7 D a
N :3 O 3
j h (nO a s
`jl o m D
CL C7 X Q
C� °3 (� v ((D (D ..
o ° O (D C O
y.• Z.: /\V `
VI' �Vl^,V ^ V
(0Yt
N o p p ..<... < O
QCD-
cn
(D O W ' p (D -' W
.; r+
r+
� C (D O 0
CD
(D
. . :
tv
eD
CD
a�
w
" :t
wcn
-4 v
O O
t
Fl.° x
y
10/01/01 MON 13:50 FAX 925 313 2333 CCC PUBLIC WORKS ►►-s COB Q001
this form should be/ /size— yellow1gollivd co/or foi ')
tMMCT CONFERMATION FORME
hearing date; Olyclalw,7 d // 244PI
name of person phoning to request hearing: /1111/ + !t phone
hearing date confirmed with h" of COB staff on `-:
(date)
agenda language(how it will read.on1)calendar) for the date of the heardinJg /
Ff�AJIIti`! 7f l�.t�ra�R.( �ZedNA/,Bn��' Na� � �,/ QL$dL���k_CXitr--`GI �``
M r Ul�.ia�eE► /�fP.at, S2 D em f 6e- —0 ' c� Otdr l .cam.
hi W"le Ad&&d�t&
1. anticipated length-of the homing: 3 lam.or less or more
2. is it controversial? yes no
3. noticing requirements:
code section: j&2 40�G
4. publication requirements: #of times #ofdays before hearing 7 's94
5. who is to publish the notice? COBA– PWD—
(if
WD ___(if applicable)who prepares the notice? COB PWD.-
it is the responsibility of rhe departme to p ovide the appropriate notice. Some notices are adopted by Board
Resolution;the publication cannot be ordered mitil the Resolution is adopted by the Board of Supervisors.
d. ifposting of notice is required, who will post? A11zMA
7. . if mailing the notice is required,who will provide the clerk with the correct mailing list and labels?
8. when will this"fix hearing item"be listed on the Board agenda as a consent item? v [� �Lt7�
Note: The B.O. fixing the hearing is a CAO consent itean,and should be submitted by Wednesday, 13 clays
prior to the date of the DOS meeting). An original B.O.and"greenie" is sufficient. The Exec. Secretary
will send it downtown with ft Director,along with the other BOS meeting materials,for approval,copying,
and distribution by the Clerk-of-the-Board. Failure to submit the Board Order/Resolution fixing the hearing
in this time flame could result in the item being removed from the agenda
ALSO! The Clerk ofthe Boaird(currently Ann Cervelli)has asked that everyone be notified that when the
B.O_ (required to fix a hemring date) is prepared and submitted., it SHOULD NOT include the
B.O./Rowlution that will be voted on the date of ft Roaring.
The B.O./Rewlution to be approved the date of the hearing should be submitted by Tuesday–2 weeps prior
to the hearing(original plus 15 copies)--with a"sticlde"on top.that has the word"hearing" and the hearing
elate written nn it. The nrisinal Rc 12 conies will he sent downtown with the Director on Wednesdav
morning, 13 days prior V date of the hearing, and he will give to the Clerk of the Board.
For more information regarding hearings,see next page(12/96 info from Clerk-of-the-Board).
3-2333
SEND THIS FORM - via fax - TO CLERK-OF-THE-BOARD WITHIN 24 HOURS
OF SETTING THE HEARING (BY PHONE) .3.4!r-1913
(failure to do so could result in hearing date being dropped)
21
r
EA • � / � .
o
LEGAL PUBLICATION REQUISTION
Contra Costa County
e6li` i: r
From: Clerk of the Board To: Contra Costa Times
651 Pine St., Room 106 PO Box 5124
Martinez, CA 94553 Walnut Creek,CA'94596
Requested by: . E y a-rP Date: 49' oeoo'l
Phone No: 94;�= ' 194V`3 Reference No: .59/
Org: 77500' Sub Object: Task: 4A5 Activity:
Publication Date, (s): d 0
No. of Pages: 02
LEGAL PUBLICATION- � �m AV'
""Immediately upon expiration of publication,'•••—.. — —
send in one affidavit for each publication in
order that the auditor may be authorized to pay your bill.
Authorized Signature:
Please confirm date of publication & receipt of this fax. - >>��" ���'
,y
LEGAL NOTICE
Contra Costa County Flood Control
And ki-A,
Water Conservation District
NOTICE OF PUBLIC HEARING
The Board of Supervisors, as the Governing Body of the Contra Costa County Flood
Control and Water Conservation District, has set 9:00 am on December 11, 2001,
Administration Building, 651 Pine Street, Martinez, California 94553, as the time and
place for a hearing on an amendment to the existing Drainage Plan and the repeal of
Drainage Fee Ordinance No. 98-58 and the adoption of a new drainage fee ordinance
for Drainage Area 52D under the provisions of the Flood Control District Act.
The proposed amendment of the existing drainage plan will modify sizes of some storm
drain lines within Drainage Area 52D.
The new drainage fee ordinance will increase the fee from $0.66 to $0.80 per square
foot of impervious area in order to finance the completion of the drainage facilities
shown in the proposed drainage plan.
The proposed drainage fee ordinance, engineer's report, and the proposed drainage
plan are on file and available for inspection at the Flood Control District Office, 255
Glacier Drive, Martinez, California, 94553, or at the office of the Clerk of the Board of
Supervisors.
At the public hearing, the Board will consider all written and oral comments on the
proposed action, and either approve the proposed action, continue the proceedings, or
abandon the proposed action.
Published in accordance with Resolution No. 2001 508 passed on
Publish October 30 , 2001 and November 06 , 2001.
BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY
JOHN SWEETEN
CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY By :
ADMINISTRATOR Deputy
G:\GrpData\FldCU\Administration\DA52DPackage.doc Dated: October 23, 2001
Resolution 20011508
J
Exhibit A
ORDINANCE NO. 2001-20
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 52D
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 1 Ordinance No. 98-58 of the Contra Costa County Flood Control and Water
Conservation District is hereby repealed.
SECTION 2 The Board hereby enacts the following as the Drainage Fee Ordinance for
Drainage Area 52D.
SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage
Area 52D, Boundary Map and Drainage Plan, Amendment No. 2," dated December 5,
2001, 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 52D 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 of the Water
Code.)
SECTION 11 FINDINGS. This Board finds and determines that said drainage area
has inadequate drainage facilities; that future subdivision and development of property
within said drainage area will have a significant adverse impact on existing and future
developments; that development of property within the drainage area, with its resultant
increase in 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 are
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 or included in the Engineer's Report; and that the drainage
Ordinance No. 2001-20 Page 1 of 5
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) to
replace a structure destroyed or damaged by fire, flood, winds or other acts 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 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 for the in Section VII. For
single family residential swimming pools on lots for which the drainage fee has not been
paid, the fee shall be $704.00 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 $.80 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 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.
Ordinance No. 2001-20 Page 2 of 5
.I
SECTION VII. FEE SCHEDULE
Measure Building Permit Subdivision
Commercial/Industrial/Downtown office Acre 32,896.00 ; 35,336.00
Office (Medium) Acre 28,192.00 31,504.00
Office (Light) Acre 23,592.00 26,592.00
Multifamily residential (Including Mobile Home Parks)
Less than 2,500 sq. ft of land per unit Acre 25,920.00 25,920.00
2,500 to 2,999" Unit 1,536.00 1,536.00
3,000 to 3,999" Unit 1,760.00 1,760.00
4,000 to 4,999" Unit 2,048.00 2,048.00
5,000 to 5,999 " Unit 2,344.00 2,344.00
6,000 to 6,999" Unit 2,632.00 2,632.00
7,000 to 7,999" Unit 2,912.00 2,912.00
8,000 + " Unit 3,056.00 3,056.00
Single Family Residential:
4,000 to 4,999 sq. ft. of land per unit Unit 2,152.00 3,448.00
5,000 to 5,999" Unit 2,248.00 3,592.00
6,000 to 6,999" Unit 2,344.00 3,736.00
7,000 to 7,999" Unit 2,440.00 3,880.00
8,000 to 9,999" Unit 2,584.00 4,088.00
10,000 to 13,999" Unit 2,872.00 4,504.00
14,000 to 19,999" Unit 3,352.00 5,184.00
20,000 to 29,999" Unit 4,144.00 6,216.00
30,000 to 39,999" Unit 5,144.00 7,424.00
40,000+"" Unit 6,168.00 8,553.00
Agricultural:
Under 10% of lot impervious Exempt
P
More than 10% of lot impervious Acre 23,592.00
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.
Ordinance No. 2001-20 Page 3 of 5
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 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 distributed into the appropriate accounts.
$0.76 of each $0.80 collected will be deposited in the County Treasury to the account of
the drainage facilities fund established for the drainage area. The remaining $0.04 of
each $0.80 will be deposited into the Flood Control Zone 1 fund to be used for
improvements in the Marsh Creek Regional Improvement Plan. Monies in said funds
shall be expended solely for land acquisition, construction, engineering, administration,
repair, maintenance and operation or reimbursement for the same, in whole or part, of
planned drainage facilities within the drainage area, or the Marsh Creek Regional
Improvement Plan. Said monies may also be used to reduce the principal or interest of
any indebtedness of the drainage area, or the Flood Control Zone 1 fund.
SECTION IX. CREDIT. 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 Where drainage fees have been paid under this ordinance or another drainage
fee ordinance based on impervious surface, fees shall not be required under
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 Where drainage fees have been paid other than pursuant to an adopted drainage
fee ordinance, the dollar amount of the fee paid for the development site in
question shall be credited against the fees payable under Section VII.
SECTION X. REVIEW OF FEES. Project cost estimates shall be reviewed every
year that this ordinance is in effect. The fee schedule shall be adjusted annually on
January 1 to account for inflation using the Engineering News Record Construction Cost
Index. Such adjustment shall not require further notice or public hearing.
Ordinance No.2001-20 Page 4 of 5
SECTION XI. EFFECTIVE DATE. This ordinance becomes effective 60 days
after passage, and within 15 days of passage shall be published once with the name of
supervisors voting for and against it in the Brentwood News, a newspaper published in
this area.
PASSED AND ADOPTED ON Deceiaber 11 , 2001 , BY THE FOLLOWING:
AYES' SUPERVISORS GIOIA, GERBER, DESAULNIER, GLOVER and UILKEMA
NOES: NONE
ABSENT:
NONE
Cc a 19, --
Chair ofJthe Board
ATTEST: John Sweeten
Clerk of the Board of Supervisors
and County Administrator
Deputy
G:\GrpData\FIdCtMdministration\DA 52D Package.doc
Ordinance No.2001-20 Page 5 of 5
REQUEST TO SPEAK .FORM-
(THREE (3 V MINUTE LIMIT)
Complete this forMu' and .place.. it in the -'.box . near the :speakers'
rostrum :be• ore�'addre sing; the:: Board. -}..
Name: one:
Ci.tY - - -�', —�
1 am speaking, for. myself or organization: '
<name,of. orgunization)
CHECK ONE:
I wish to <speak,.Qii:Agenda: Item # Date:
My' comments will`be:..`general for against
I wash:n.to:;apeak: on::the subject `of"
I do .not,'wish'~to'.speak. but, leave these commen-s=`fcir the
Board to_ consider:
The Board of SupervisorsCOntra John Sweeten.
Clerk otthe Board
and
County Administration Building CosCounty Administrator
Costa 651 Pine Street, Room 106 l (925)335-1900
Martinez, California 94553-1293 County
ou!= nty �
John Gioia, 1st District - �1V
Gayle B.Uilkema,2nd District t`."" '�•
Donna Gerber,3rd District ;
Mark DeSaulnier,4th District "
Federal D.Glover,5th District ,.,,�4�: `;.-: •z
00
CLERK OF THE BOARD
FAX TRANSMITTAL
(925) 335-1913
DATE
TIME
DELIVER TO R
FIRM
FAX NO.
SUBJECT
FROM
PHONE NO.
NUMBER OF SHEETS (D Includin Cover letter
( g )
If you have any problem with this transmittal, please call
MESSAGE: Ordinance 2001-20 Establishing drainage fees in the
Contra Costa County Flood Contn6l and Water Conservation District
Drainage Area 52D
( ) Original Copy(s) to follow.
P
S
Exhibit A
ORDINANCE NO. 2001-20
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 52D
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 1 Ordinance No. 98-58 of the Contra Costa County Flood Control and Water
Conservation District is hereby repealed.
SECTION 2 The Board hereby enacts the following as the Drainage Fee Ordinance for
Drainage Area 52D.
SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage
Area 52D, Boundary Map and Drainage Plan, Amendment No. 2," dated December 5,
2001, 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 52D 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 of 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 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 are
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 or included in the Engineer's Report; and that the drainage
Ordinance No. 2001-20 Page 1 of 5
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) to
replace a structure destroyed or damaged by fire, flood, winds or other acts 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 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 for the in Section VII. For
single family residential swimming pools on lots for which the drainage fee has not been
paid, the fee shall be $704.00 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 $.80 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 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.
Ordinance No. 2001-20 Page 2 of 5
SECTION VII. FEE SCHEDULE
Measure Building Permit Subdivision
Commercial/Industrial/Downtown office Acre 32,896.00 35,336.00
Office (Medium) Acre 28,192.00 31,504.00
Office(Light) Acre 23,592.00 26,592.00
Multifamily residential (Including Mobile Home Parks)
Less than 2,500 sq. ft of land per unit Acre 25,920.00 25,920.00
2,500 to 2,999" Unit 1,536.00 1,536.00
3,000 to 3,999" Unit 1,760.00 1,760.00
4,000 to 4,999" Unit 2,048.00 2,048.00
5,000 to 5,999 " Unit 2,344.00 2,344.00
6,000 to 6,999" Unit 2,632.00 2,632.00
7,000 to 7,999" Unit 2,912.00 2,912.00
8,000 +-- Unit 3,056.00 3,056.00
Single Family Residential:
4,000 to 4,999 sq. ft. of land per unit Unit 2,152.00 3,448.00
5,000 to 5,999" Unit 2,248.00 3,592.00
6,000 to 6,999 " Unit 2,344.00 3,736.00
7,000 to 7,999 " Unit 2,440.00 3,880.00
8,000 to 9,999" Unit 2,584.00 4,088.00
10,000 to 13,999" Unit 2,872.00 4,504.00
14,000 to 19,999" Unit 3,352.00 5,184.00
20,000 to 29,999" Unit 4,144.00 6,216.00
30,000 to 39,999" Unit 5,144.00 7,424.00
40,000+"" Unit 6,168.00 8,553.00
Agricultural:
Under 10% of lot impervious Exempt
More than 10% of lot impervious Acre 23,592.00
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.
Ordinance No. 2001-20 Page 3 of 5
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 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 distributed into the appropriate accounts.
$0.76 of each $0.80 collected will be deposited in the County Treasury to the account of
the drainage facilities fund established for the drainage area. The remaining $0.04 of
each $0.80 will be deposited into the Flood Control Zone 1 fund to be used for
improvements in the Marsh Creek Regional Improvement Plan. Monies in said funds
shall be expended solely for land acquisition, construction, engineering, administration,
repair, maintenance and operation or reimbursement for the same, in whole or part, of
planned drainage facilities within the drainage area, or the Marsh Creek Regional
Improvement Plan. Said monies may also be used to reduce the principal or interest of
any indebtedness of the drainage area, or the Flood Control Zone 1 fund.
SECTION IX. CREDIT. 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 Where drainage fees have been paid under this ordinance or another drainage
fee ordinance based on impervious surface, fees shall not be required under
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 Where drainage fees have been paid other than pursuant to an adopted drainage
fee ordinance, the dollar amount of the fee paid for the development site in
question shall be credited against the fees payable under Section VII.
SECTION X. REVIEW OF FEES. Project cost estimates shall be reviewed every
year that this ordinance is in effect. The fee schedule shall be adjusted annually on
January 1 to account for inflation using the Engineering News Record Construction Cost
Index. Such adjustment shall not require further notice or public hearing.
Ordinance No.2001-20 Page 4 of 5
SECTION XI. EFFECTIVE DATE. This ordinance becomes effective 60 days
after passage, and within 15 days of passage shall be published once with the name of
supervisors voting for and against it in the Brentwood News, a newspaper published in
this area.
PASSED AND ADOPTED ON December 1, , 2001 , BY THE FOLLOWING :
AYES: SUPERVISORS GIOIA, GERBER, DESAULNIER, GLOVER and UILKEMA
NOES: NONE
ABSENT:
NONE
haOo ef thABo
ATTEST: John Sweeten
Clerk of the Board of Supervisors
and County Administrator
Deputy
G:\GrpData\FldCtl\Administration\DA 52D Package.doc
Ordinance No.2001-20 Page 5 of 5
1
CONTRA COSTA COUNTY FLOOD
CONTROL AND WATER
CONSERVATION DISTRICT
ENGINEERS REPORT FOR
UPDATING DRAINAGE FEE
ORDINANCE AND PLAN AMENDMENT
No. 2
FOR DRAINAGE AREA 52D
' Prepared by Kevin Emigh
Contra Costa Flood Control District
' 255 Glacier Drive
Martinez, California 94553
' September 30, 2001
' 1. RECOMMENDATION
tIt is recommended that:
a. The existing Drainage Fee Ordinance (No.98-58) for Drainage Area 52D be
' repealed;
' b. A new drainage fee ordinance reflecting cost increases for the detention basin
right-of-way and construction be adopted; and
' c. The drainage plan for Drainage Area 52D be amended.
2. DRAINAGE AREA LOCATION AND DESCRIPTION
Drainage Area 52D is located in the East County in the Oakley Area. A portion of the
drainage area is within the incorporation limits of the City of Oakley. The drainage area
' is bounded by Marsh Creek to the west, by the Atchison Topeka and Sante Fe Railroad to
the east, Cypress Road to the north, and the extension of Hill Avenue to the south. The
exact boundary is shown on Contra Costa County Flood Control and Water Conservation
tdrawing FD-12630.
The drainage area contains approximately 240 acres. The General Plans for the area
designate about 140 acres in the north as residential with 7 to 12 units per acre and the
remaining area in the south as agricultural residential.
' 3. REASON FOR THE CHANGE OF PLAN AND DRAINAGE FEE ORDINANCE
The plan is being changed to reflect conversion of the South Basin to off-site storage
t thereby reducing the amount of basin area required. The South Basin will be intersected
by the future extension of Laurel Road over the Atchison Topeka and Sante Fe Railroad.
To compensate for the storage lost due to the road embankment additional basin area
' would have to be acquired or the basin would have to be converted to off-site storage
which is more efficient. The off-site storage option is reconunended. The proposed
amended plan is shown on District drawing FC-13067.
' The current fee of$ 0.66 per square foot of new impervious surface is insufficient to
cover the estimated project costs and the long-term debt for the basin right-of-way that
was purchased over ten years ago.
' 4. COST ESTIMATE
' A detailed engineer's estimate is attached as Appendix A The following is a summary of
these costs:
' Construction $905,000.00
Rights-of-way(incl. debt) $865,000.00
Engineering and Administration $203,000.00
' Total Subregional $1,973,000.00
Marsh Creek Regional Share $104,000.00
Total Costs $2,077,000.00
' 5. CALCULATION OF THE NEW FEE
' As indicated above the total cost to implement the remaining portions of the proposed
plan and funding the drainage areas indebtedness for the Basin #2 right-of-way is
$2,077,000. The estimated amount of impervious surfaces to be constructed in the future
' in this drainage area is 2,590,000 square feet. The required fee is calculated by dividing
the estimated cost by the estimated quantity of new impervious surface area. This yields a
fee amount of$ 0.80 per square foot of new impervious surface.
' Development types and densities are based on the City and County General Plans and
Specific Plans. The amount of impervious surface for the various types of development is
based on the Contra Costa County Flood Control and Water Conservation District report
entitled "Report on Impervious Surface Drainage Fee Ordinance" dated January 5,1982
The fee schedule is shown in Exhibit A attached to this report.
' 6. FUTURE UPDATING OF PROPOSED FEES
' The standard impervious surface drainage fee ordinance has been modified to include a
paragraph that authorizes annual fee updates using the Engineering News Record
Construction Cost Index. The updates will occur annually on January 1. The new
' paragraph is Section X, Review of Fees.
7.CALIFORNIA ENVIRONMENTAL QUALITY ACT
' An initial study of environmental significance was prepared for the formation of the
drainage area and the adoption of the original plan and fee ordinance. An addendum to
' this document was prepared to address the environmental impact of the proposed
improvements that would result from the proposed Drainage Plan Amendment No. 2.
G:\Grp Data\FldCtl\mkub ieek\52d En gi neen-eport.doc
1
1
1
APPENDIX A
' DRAINAGE AREA 520 COST ESTIMATE
1 Item Units Quantity $/Unit Amount Amount
'Cast-In-place Pipe L.F. 1200 $70.00 $84,000.00
2"Cast-In-place Pipe L.F. 1022 $80.00 $81,760.00
1 " Cast-in:place Pi L.F. 4062 90.0 $365 580.00,00
3 M.H. EA. 1 $5,000.00 $50.00
pe 4 M.H. EA. 10 2 000.00 $20,000.00
Put,at
alM.H. EA. 1 10,000.00 $10,000.00
1 Struct.m#Flapgsft EA. 1 $10,000.00 $10,000.00
Outlet Structure EA. 1 $8,000.00 $8,000-00
Rock Slope Protection C.Y. 100 $75.00 $7 5M.00
1 Fencin LF 3200 $10.00 $32,000.00
tnubtlotal
#1 Modifications LS 1 $50,000.00 $60,000.00
#2 consolidation Com ion CY 20000 $4.00 $80,000.00
Construction $753 840.00
i e 20% $150 768.00
Construction $904,608.00
Basin#1 Rights-of-Way 1 $6-0,000-00 $60,000.00
1 Basin#2 RI hts-of-W 0.8 $670,000.00 $538,000.00
Interest on Advance Apguisition* 0.8 $300,000.00 $240,000.00
General Pipe RNV 1 $20,000.00 $20,000.00
Subtotal RNV $856,000.00
1
RNV Conti 15%for Basin#1 $9,000.00
Total RNV $865,000.00
Dev.E r/Admin.Credit 15% $135,691.20
1 CD E r./Admin. 15% $67,845.60
[Total E r/Admin. $203,536.80
Marsh Creek Fee @$.04/SF $104,000.00
Estimated Total Cost $2,077 144.80
`Rgflects net cost after road rights-of-way are sold assuming 20 percent recovery
1
1
1
1
1
1
' Exhibit A
' ORDINANCE NO. 01 -
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 52D
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 1 Ordinance No. 98-58 of the Contra Costa County Flood Control and Water
Conservation District is hereby repealed.
SECTION 2 The Board hereby enacts the following as the Drainage Fee Ordinance for
' Drainage Area 52D.
SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage
' Area 52D, Boundary Map and Drainage Plan, Amendment No. 2," dated December 5,
2001, 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 52D 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 of the Water
Code.)
tSECTION II FINDINGS. This Board finds and determines that said drainage area
' has inadequate drainage facilities; that future subdivision and development of property
within said drainage area will have a significant adverse impact on existing and future
developments; that development of property within the drainage area, with its resultant
' increase in 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 are
' 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 or included in the Engineer's Report; and that the drainage
Ordinance No. Page 1 of 5
1
1
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) to
replace a structure destroyed or damaged by fire, flood, winds or other acts 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 DEFERMENT. On lots9 reater 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 for the in Section VII. For
single family residential swimming pools on lots for which the drainage fee has not been
paid, the fee shall be $704.00 per pool. For other construction, modifications or
replacements to an existing facility that cause an increase in impervious surface,
including, but not limited to, driveways, walks patios, etc., the amount of net increase in
impervious surface shall be subject to a fee of$.80 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 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.
1
1
1
Ordinance No. Page 2 of 5
' SECTION VII. FEE SCHEDULE
' Measure Building Permit Subdivision
Commercial/Industrial/Downtown office Acre 32,896.00 35,336.00
Office (Medium) Acre 28,192.00 31,504.00
' Office (Light) Acre 23,592.00 26,592.00
Multifamily residential (Including Mobile Home Parks)
' Less than 2,500 sq. ft of land per unit Acre 25,920.00 25,920.00
2,500 to 2,999" Unit 1,536.00 1,536.00
3,000 to 3,999" Unit 1,760.00 1,760.00
4,000 to 4,999" Unit 2,048.00 2,048.00
5,000 to 5,999" Unit 2,344.00 2,344.00
6,000 to 6,999" Unit 2,632.00 2,632.00
. .
7,000 to 7,999" Unit 2,912.00 2,912.00
8,000 + " Unit 3,056.00 3,056.00
' Single Family Residential:
4,000 to 4,999 sq. ft. of land per unit Unit 2,152.00 3,448.00
' 5,000 to 5,999" Unit 2,248.00 3,592.00
6,000 to 6,999" Unit 2,344.00 3,736.00
7,000 to 7,999" Unit 2,440.00 3,880.00
8,000 to 9,999" Unit 2,584.00 4,088.00
' 10,000 to 13,999" Unit 2,872.00 4,504.00
14,000 to 19,999" Unit 3,352.00 5,184.00
20,000 to 29,999" Unit 4,144.00 6,216.00
' 30,000 to 39,999" Unit 5,144.00 7,424.00
40,000+"" Unit 6,168.00 8,553.00
Agricultural:
Under 10% of lot impervious Exempt
' More than 10% of lot impervious Acre 23,592.00
' 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.
' Ordinance No. Page 3 of 5
' 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 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 distributed into the appropriate accounts.
' $0.76 of each $0.80 collected will be deposited in the County Treasury to the account of
the drainage facilities fund established for the drainage area. The remaining $0.04 of
each $0.80 will be deposited into the Flood Control Zone 1 fund to be used for
t improvements in the Marsh Creek Regional Improvement Plan. Monies in said funds
shall be expended solely for land acquisition, construction, engineering, administration,
repair, maintenance and operation or reimbursement for the same, in whole or part, of
' planned drainage facilities within the drainage area,or the Marsh Creek Regional
Improvement Plan. Said monies may also be used to reduce the principal or interest of
any indebtedness of the drainage area, or the Flood Control Zone 1 fund.
' credited SECTION IX. CREDIT. Drainage fees previously pard shall be c ed ted 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 Where drainage fees have been paid under this ordinance or another drainage
' fee ordinance based on impervious surface, fees shall not be required under
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 Where drainage fees have been paid other than pursuant to an adopted drainage
' fee ordinance, the dollar amount of the fee paid for the development site in
question shall be credited against the fees payable under Section VII.
' SECTION X. REVIEW OF FEES. Project cost estimates shall be reviewed every
year that this ordinance is in effect. The fee schedule shall be adjusted annually on
January 1 to account for inflation using the Engineering News Record Construction Cost
' Index. Such adjustment shall not require further notice or public hearing.
Ordinance No. Page 4 of 5
1
' SECTION XI. EFFECTIVE DATE. This ordinance becomes effective 60 days
after passage, and within 15 days of passage shall be published once with the name of
supervisors voting for and against it in the Brentwood News, a newspaper published in
this area.
' PASSED AND ADOPTED ON , by the following vote:
' AYES:
NOES:
ABSENT:
Chair of the Board
' ATTEST: John Sweeten
Clerk of the Board of Supervisors
' and County Administrator
' By:
Deputy
' G:\GrpData\FldCtl\Administration\DA 52D Package.doc
Ordinance No, Page 5 of 5
�:�'• I. —
(.Q,,SI)
- =J
—� I 1 _ �T ril 'i— �_�-��• ' a� -\ MARSH CFECK
J=1 U,n /
IZ
LUE TIN ..J L q •'♦�/
LILEHa-E - .PAPKPGE
i
COT'c
---------
--
I� 1
1 - ALvoND PL
+
-1 Li LN
I
GR-1 RD
1�3 I
I 1
III— i I n
t I
+ +
__________ I
_ I
_J LI
oorLL Ro 1--
I I —
1 ---- --
I
➢ I
nl
I
F I
_ I I
_' u4?SJI CREFKI
i. - I /• +�
---SYMBOL-- DEFINITION
\ / PROPOSED STORM DRAINS
, cR�EK cN.waEL I EXISTING STORM DRAINS
iiiiiiiii . . I . . DRAINAGE AREA BOUNDARY
PROPOSED FACILITIES
LINE REACH SIZE R/W
- - =
1 I I I I C1 0.83 to 9.23 48" CIPP 12 ft
C2 0.00 to 1678 48" CIPP 12 ft
+I C2 16.78 to 22.00 — 42" CIPP 10 ft
C2 22.00 to 27.30 36" CIPP 10 ft
C3 I 0.00 to 11.00 48" CIPP 12 ft
C3 11.00 to 16.00 42" CIPP 10 ft
C3 16 00 io 23.00 36" CIPP 10 ft
i ! C4 0.00 to 1*36 _ 48'' CIPP 12 ft
C5 1 0.00 to 1.50 Dbl. 48"
Bi2 CIPP 18 ft
-------- --- ---------
Basin New Basin
� I 4.5
REVISIONS Des: . KL:blcer :�ca�LvsDV� REDUCED PLANS I
DAAIFN: Yu MILTaN ' SCALF. IS IN INCHES
DRAINAGE AREA 52D
NO.
DESCRIPTION BY —DATE .
S. ai/
YUBICFK 1 3
cxcD. G. I�u:silloh I`I`II° ISB11 I J—�J PLAN AMENDMENT 92
DATE: 12-5-2000 IIa L a-3D-o.BA--ST CDO—RD. NORTHf.00RD. BOUNDARY MAP AND DRAINAGE PLAN
c
' scALe: 1"•300-- \\�';-avn/� _ r -- ---
—� q cµ FILE NO. FD-13067 SHEET 1 OF 1
FLD.B[. � I
--- CADD FILE--aou52tl_pin.Dyn I PEN TBI.:
I
Il
CALIFORNIA ENVIRONMENTAL QUALITY ACT
NOTICE OF DETERMINATION
' CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
651 PINE STREET 4TH FLOOR NORTH WING MARTINEZ,CALIFORNIA 94553-0095
1 Telephone: (925)313-2296 Contact Person: Cece Sellgren, Environmental Planner
Project Description,Common Name(if any)and Location: DRAINAGE AREA 52D Plan Amendment PROJECT, County
File#CP 00-36. The Negative Declaration for the Drainage Area 52D Plan Amendment Project was approved on July 13, 1989
t (County File#CP 88-82). This Addendum to the Negative Declaration for Drainage Area 52D Formation Project identifies a
minor technical change to the project.
The drainage area plans are being changed to accommodate the future extension of Laurel Road and to better conform to the
tentative map of a subdivision in the planning process. The extension of Laurel Road will require Detention Basin #2 to be
split to allow for road right of way. The changes in the configuration of Basin#2 also require a reconfiguration of the storm
drain network that drains to and from the basin. The alignment of several drainage lines is being altered to conform to the
tentative map for a subdivision.
' The project is located east of Marsh Creek, west of Sellers Avenue between Cypress Road and Delta Road in the City of
Oakley, in east Contra Costa County.
' The project was approved on
Pursuant to the provisions of the California Environmental Quality Act:
' ( ) An Environmental Impact Report was prepared and certified (SCH# )
( ) The Project was encompassed by an Environmental Impact Report previously prepared
for (SCH# ).
(X ) An Addendum to the Negative Declaration for Drainage Area 52D Formation Project (CP#88-82)was
' prepared (CP#00-36)
Copies of the record of project approval and the Negative Declaration or the final EIR may be examined at the office of the
Contra Costa County Community Development Department.
' (X ) The Project will not have a significant environmental effect.
( ) The Project will have a significant environmental effect.
( ) Mitigation measures were made a condition of approval of the project.
' ( ) A statement of overriding considerations was adopted.
( ) Findings were adopted pursuant to Section 15091 of the State CEQA Guidelines.
' Date: By:
Community Development Department Representative
' AFFIDAVIT OF FILING AND POSTING
I declare that on I received and posted this notice as required by
' California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing
date.
' Signature Title
' Applicant Dept. of Fish & Game Fees Due:
County Public Work Dept. EIR-$850 Total Due$
255 Glacier Dr Neg.Dec.-$1,250 Total Paid$
Martinez,CA 94553 __ DeMinimis Finding-$0
Attn:Leigh Chavez X County Clerk-$50 Receipt#:
TT
\\PWS4\SHARDATA\GrpDala\EngSvc\ENVIRO\2000 projects\CEQAonly\NOD\DA 52D Plan Amendmenl.doc
(Rev.3/4/99)
•r
ADDENDUM
to the
' NEGATIVE DECLARATION (ND)
' for DRAINAGE AREA 52D FORMATION
CP# 88-82
' SCH# 89022112
Project # 2584-6D8227
' CP# 00-36
tPrepared by:
' Earl Crosby
Planner I
Contra Costa County Public Works Department
' 255 Glacier Drive
Martinez, CA 94553-4897
1
November 17, 2000
1
Environmental Planner Community Development Department
' Public Works Department
Title:
' Lead Agency: County of Contra Costa
Date:
' GAGrpData\EngSvdENVIRO\2000 projects\DA 52D\ADDENDUM DA52D.SIG.doc
1
' ADDENDUM '
to the
NEGATIVE DECLARATION
tfor DRAINAGE AREA 52D FORMATION
CP# 88-82
' SCH# 89022112
Project # 2584-6D8227
CP# 00-36
' PREFACE
' The Drainage Area 52D Formation Negative Declaration (ND) evaluated the
proposed project which consisted of the formation of the Drainage Area 52D and the
adoption of a drainage plan and fee ordinance, located east of Marsh Creek, west of
Sellers Avenue between Cypress Road and Delta Road, in the Oakley area, Contra Costa
County.
tThis document serves as an Addendum to the ND for Drainage Area 52D
Formation-(CP# 88-82; SCH# 89022112). The ND for the project consists of the ND, and
' this Addendum.
The Contra Costa Community Development Department (CDD) is the lead agency
' for the project, and on June 13, 1989, the Board of Supendsors (Board) as the Governing
Board for the Contra Costa County Flood and Water Conservation District(FCD) approved
the project and filed a Notice of Determination (NOD)with the County Clerk.
CEQA PROCESS
' The California Environmental Quality Act (CEQA) prescribes that an Addendum
(CEQA Guidelines Section 15164) to a previously adopted ND may be prepared if only
' minor technical changes are necessary and none of the conditions described in CEQA
Guidelines Section 15162 have occurred:
1. No substantial changes are proposed in the project which will require
major revisions of the previous ND due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously
identified significant effects;
2. No substantial changes with respect to the circumstances under which
t the project is undertaken which require major revisions of ND due to the
involvement of new significant effects or a substantial increase in the severity
of previously identified significant effects; or
' 1
' 3. No new information of substantial importance shows that the project will
have one or more significant effects not previously discussed in the ND.
' In accordance with CEQA Guidelines Section 15164(d), the Board shall consider
this Addendum along with the ND prior to making a decision on the project. According to
' CEQA Guidelines Section 15164(c) an Addendum does not require circulation for public
review but can be included in or attached to the ND. As noted in the Preface, this
Addendum is attached to the ND for Drainage Area 52D Formation (CP# 88-82, SCH#
' 89022112).
' EXPLANATION OF THE ADDENDUM
This Addendum to the ND for Drainage Area 52D Formation identifies minor technical
' changes in the project design.
' A. DESIGN
The drainage area plans are being changed to accommodate the future extension of
Laurel Road and to better conform to the tentative map of a subdivision in the planning
t process. The extension of Laurel Road will require Detention Basin # 2 to be split to
allow for road right of way. The changes in the configuration of Basin # 2 also require a
reconfiguration of the storm drain network that drains to and from the basin. The
alignment of several drainage lines is being altered to conform to the tentative map for
t a subdivision. Table 1 summarizes the minor technical changes in the attached Draft
Engineers Report.
Table 1 - Technical changes in DA 52D Plan
' Original facility Amended Facility
Basin#2 Basin#2
t # 1 basin 7.0 acres # Basin split into 2 sub-basins (total area 4.5 acres)
# slope 4:1 to accommodate future expansion of Laurel Rd.
# Depth 5' # slope decreased to 5:1
# Outfall 18"spiral ribbed pipe (SRP) # Depth increased to 6'
' # Outfall changed to 48"cast in-place concrete pipe
(CIPP)
' Basin #3 Deleted-Removed due to lack of conformance with
revised General Plan
Line Al Deleted - Will be installed as part of conditions of
approval for subdivision (7797) w/existing tentative
'
map.
Line A2 Deleted - Will be installed as part of conditions of
approval for subdivision (7797) w/existing tentative
map.
Line A3 Deleted - Will be installed as part of conditions of
approval for subdivision (7797) w/existing tentative
ma .
2
' Original facility Amended Facility
Line C1 Line C3
♦ Ties into Basin #2 ♦ Ties into new line C1 (old line C4)at 9+25
' ♦ Original alignment ♦ Alignment shifted . to conform to street
♦ 30"reinforced concrete pipe (RCP) improvements in proposed subdivision's (6963)
tentative map.
♦ Storm drain Pi2e increased to 36"—48"CIPP
Line C2 Line C2
♦ Ties into Basin #2 ♦ Ties into new line C1 (old line C4) at 9+25
♦ Original alignment ♦ Alignment shifted to conform with street
' ♦ 24"—42" RCP improvements in proposed subdivision's (6963)
tentative map.
♦ .Storm drain pipe increased to 36"—48"CIPP
Line C3 Deleted—No longer needed as per tentative ma
' Line C4 (portion) Line C1
♦ Ties into Basin#2 ♦ Stops at 9+25 at confluence of new lines
♦ 18 SRP C2/C3/C5
' ♦ Drains into Marsh Creek with a flapgate with rock ♦ 48"CIPP
slope protection energy dissipater ♦ Outfall structure changed to concrete headwall
and fla pate
' Line C4 (portion) Line C5
♦ Ties into Basin 2 ♦ From confluence of new lines C1/C2/C3 to Basin
♦ 18"SRP 2
♦ 2 48"CIPP
' None Line C4
♦ Line C3 to southern sub-basin of Basin 2
Figure D-13067 in the Engineer's Report visually summarizes the amended Drainage Area.
' This Addendum is consistent with County policies and does not lead directly or
indirectly to significant physical changes in the project, nor does it alter the adequacy or
' the completeness of the environmental impacts and mitigation measures identified in the
ND. Therefore, this Addendum to the ND is appropriate.
' ADDITION TO THE ND
' This section identifies the language which is added/or changed (bold face type)or deleted
(stdkeeut) to the text and figures of the ND. The environmental impacts are discussed in
"Initial Study of Environmental Significance Supplemental Information for DA-5213", dated
' Jan. 24, 1989 (attached). The changes below pertain to the document referenced above.
p 1 2nd para 2nd sentence - Since the basin will be constructed underground with
' 4-tG4 (5 to 1) side slope it will not result in unstable earth condition, disruptions, and
displacement.
' p 1 2nd para 3`d sentence - Since the basin is only five (six) feet deep, the changes in
geologic substructures and topography will be insignificant.
tp 2 4" para 2nd sentence - The proposed detention basin less (has) the potential to
become a recreational fasilit+es(facility) in the future.
' 3
1
' CONTRA COSTA COUNTY ADDENDUM FINDINGS for the
NEGATIVE DECLARATION for
DRAINAGE AREA 52D FORMATION
' The following information is added to the previous ND and is presented to comply with
Section 15091 of the CEQA Guidelines for the ND for the DRAINAGE AREA 52D
FORMATION project.
1
1. Environmental Effect: Modifications to the design section as described on p. 2 of
this Addendum, are minor technical changes or additions to the project and will not
result in any additional environmental effects not previously discussed.
Findings: There are no significant environmental impacts associated with the
minor technical changes or additions for the proposed activity for which this
Addendum was prepared.
Statement of Facts:
' a. The project to be developed pursuant to this Addendum to the ND for
DRAINAGE AREA 52D FORMATION project is substantially similar to the project
analyzed in the ND.
t
b. The ND for the DRAINAGE AREA 52D FORMATION project consists of the ND,
comments received, responses to the comments raised, and this Addendum. The
' ND was completed in compliance with CEQA.
c. There are no substantial changes, pursuant to CEQA Guidelines Section 15162
' (a)(1), in the project which require major revisions of the ND due to the involvement
of new significant environmental effects or a substantial increase in the severity of
' previously identified significant effects. The project is substantially similar to the
project analyzed in the ND.
d. There are no substantial changeswith respect to the circumstances, pursuant
' to CEQA Guidelines Section 15162 (a)(2), under which the_DRAINAGE AREA 52D
FORMATION project is undertaken which require major revisions of the previous
' ND due to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects. Those
circumstances remain substantially similar to the circumstances analyzed in the ND.
' e. There is no new information of substantial importance, pursuant to CEQA
Guidelines Section 15162 (a)(3), which shows that the project will have one or
' more significant effects not.previously discussed in the ND.
4
f. None of the conditions calling for the preparation of a subsequent or
supplemental EIR have. occurred (see items 1 c - e above). Therefore, it is
appropriate to adopt this Addendum to the NO to make some minor technical
changes or additions found on p.2 Section A of this document (CEQA
' Guidelines 15164). This Addendum shall be considered along with the ND
prior to the Board making a decision on the minor technical changes or
' additions to the project, and in considering these changes or additions, the
Board is considering the identical or substantially similar underlying project.
' The findings are supported by substantial evidence in the administrative record and are
based on the ND for the DRAINAGE AREA 52D FORMATION project which was subject
to public review.
' In accordance with CEQA Guidelines Section 15164(d), the County Board of Supervisors
shall consider this Addendum along with the ND prior to making a decision on the project.
' According to CEQA Guidelines Section 15164(c) an Addendum does not require
circulation for public review but can be included in or attached to the ND. As noted in the
Preface, this Addendum is attached to the ND for the DRAINAGE AREA 52D
' FORMATION project (CP# 88-82; SCH# 89022112).
CS:ELC:
' .\\PWS4\SHARDATA\GrpData\EngSvc\ENVIRO\2000 projects\DA 52D\ADDENDUNI DA52D.doc
1
1
1
1
1
5
r b
+ � W O p 5Y ♦ p 2 v n 't �. r-`
1 Q 0 < 6x Eoi
d K
r
-
d W WO p 0 O
Oc
' -.'• f 1 � Q �O.O N O n H O O
1 ; 111111 !
• � 1 � s N N N n n n n�n n c
`:
1 f
le
-------------
i'- '`i-..'-•�<<`<ter.. f-\�7#".ir�i t'.„-e�•"T '._? �S� !� \�.>``. __--"__-�r_ ___-;�
v _- trio CI ,�,.— ♦� •{ O
-------------
-- -----------------
f' -
STAVE GF GUFORNIA—OFFICE of THE Got_.NCC _ GEORGE OEUKh
OFFICE OF PLANNING AND RESEARCH (99
SACLkMe4TO, 93814
March 23, 1989 r�yJTi' 09
1 Gus Almquist
Contra Costa County .
' Community Development Department
651 Pine Street, North Wing-4th Floor
Martinez, CA 94553-0095
t
Subject:
Drainage Area 52D Formation, County File CP 88-82
SCH# 89022112
Dear.Mr. Almquist:
The State Glearinghouse submitted the above nod environun_nta.l document
selected state agencies for review. m:e state agency review period. is r
closed and none of the state agencies have comments . - This lett
acknowledges that you have complied wit.`i the State Clearinghouse rev,
reauiren-ents for draft environmental dociz.-;e1nts, Pursuant to the Califor-r
Environmental Quality Act.
Please contact Loreen McMahon or Marilyn tiishikawa at` 916%4_t5-0613 if
have any questions regarding the env'=onmental review process .
' contacting .the 'Clearinghouse regarding this matter, please use the eigl
digit State Clearinghouse number so that ve may respond promptly.
' Sincerely, .
1
David C. R menkamp
' Chief
Office of Permit Assistance
' QommunityHarveyE. Bragdon
Contra Development I I` oifectof of Community neve
Department Costa
' County Administration Building County
651 Pine Street
4th Floor, North Wing '
Martinez, California 94553.0095
Phone: 646-2091 February 21 , 1989
•i
NOTICE OF PREPARATION
1
NEGATIVE DECLARATION FOR DRAINAGE AREA 520 FORMATION, COUNTY FILE HCP
' 88-82: The project consists of the formation of Drainage Area 520 and the
adoption of a drainage plan and fee ordinance. The drainage fees will pay
for the drainage system consisting of pipelines to 48 inches in diameter.
' Subject property is described as follows: The parcel is located east of
Marsh Creek, west of Sellers Avenue between Cypress Road and Delta Road, in
the Oakley area.
' As the owner of abutting property, or as an otherwise interested person or
organization, you are invited to submit any comments you may have on this
project, and raise any significant environmental issues of which you are
' aware so that they can be considered in the environmental review process.
This letter plus enclosures will constitute a Notice of Preparation.
Please circulate this information to the appropriate persons and agencies
as soon as possible. I would encourage those interested wo con-tact•me
directly by phone or letter to convey any concerns they -ay have about the
environmental review for the project.
If you require further information regarding the project itself, please
contact Sam Choi of the County Public Works Department, Flood Control
' District, at 415/646-4470, extension 281_ If you have any comments
regarding this Notice of Preparation, please contact me at 415/646-2091 by
Wednesday, March 22, 1989.
' Sincerely yours,
' Gus Almquist
Civil Engineer
ASA:gms
' en5:DA52dFRM.NO
Enclosures
FED
cc:cc: Sam Choi
File No. NCP 88-82 Gonna
t&LL ta: ZOLZA GloarsoiWume. 1400 Tenth St. Sm L21. Sa=rs._t0. G 93414-916, sce craw
HOME Or coWPLTaac Ata SMV193%GQT=DOOMaHT TUL?Cma Til• rasw l s:=J '
1. ProJeet Title: DRAINAGE AREA 52D FORMATION, County File #CP 88-82
2. 1- ACcncr: CCC Community Dev. Dept. ;. coatact P-rsea: Cus Almquist
31- street Address: 651 Pine St., N. Wing - 4th Floor 3b. Citi-- Martinez
:0.- 03LL12tr: C'ontm C'nstfl (C'C'e'1 3a. zip: °4553-0095 Je. P..,e.(415) 646_2'91
Paw= 117c ncK 4. c ,=%T: Contra Costa 4a. City/c09uarsr: East County, near Oakley
' 4b. A:taaa.ar': P>ne1 No. Book 33 4e. Seetioa 30, 3( rip• T2N Pu-v R3E
Ia. Cross Streets: Marsh Creek at Cynress Road Sb. For R"ri1' karesc Oak le
Y
P1il- tacer-
6Alr
. Tlt'lln 2 miles: a. Ste 4 b.c ways A.T. 8c S.F. d- .iy3 Marsh Creek
parts
V03miENT ITFR 8. LSZ.i1. K.' a( T7PE 9. 06�T T 19
CMA OL. _Oeaeca.l Play Update 01. -Residential: Units A:. c
' 01. 4CP 06. NDE 02- -_lie+ Eleeeat 02. _Office: SQ. Ft.
M. Esr'ly Goa: OT. NCC 03. _Geteml Play Amendsent Acres E=Ployees
03. XX Nec Dec 08. NM 04. ltarter Play 03. �Sbapp�t/Cmsrcial: Sq. rt.
04. Dcast EIA OS. Lnnesitica Ac--cs f_-'vloyees
Supplmeat/ 06. _spec.Lfie Play N. _lcduszriil: Sq. Ft.
' W. S-ubsequeat ETR
(Prlor &M No.: 01. rL==r -.Lty Plan Acres I�loyeea
C8. _-Rcdevelop=ent C3."Ater Facilities: 1GD
t KUL C9. -_Rmooe cz-j Txus7Portatloa: TTPe
Drat t
09. `0x 11. EIS 10. 1, Divisioc C". _gala¢: Yiaerai
Tindlv1raoa. Parcel
10. P=1 12. EA Wp. Tract llap, etc.) CS• _Po.er: Tyvc titts
OiAF�i 11. _-U ee Per=t _ta s ce .era o a-.
13. _Joint Docu=cUt 12. _Zasce Ycxc Play :C. CCS F-dured
14. _Fled Docu=at 13. C01 I Alt Preserve XXO-Mer- Drair:ace Facilities
15. Other 14. XXother Drainaae Plan
10. InTu1 Arm=: 240 acres yll. 'II's- fi n: Unknown
12. PgaTEZT I--_%7FS DIS Elc ter 15. Stai:e 5ysteas �. XX cater �tsa11:T
01. XX Aesthetie/Piz"i O8. XX Floodt"Mr+lnsi'e 16. _Seer Capaelty 24. XX cater SueOlT
02. c9. XXCealo¢ie/3eismie 1:. _Social 25. XX •etlaad/R:tu.r=ay
03. XX Air Quality 10. Jobs/Ilousxax Ba Lace 18. _5 11 rnxiCa ::6- XX •11dli!e
' 04. Lrch&Amlogic&I/Eietorseal 11. XX Ulnerala 19. Solid taste -.- XX 0ro.-XA loduclaC
Co. XX.cc,. t l Zme 12. _x x-aolee ZO. XX'T0=C A=Xoun �. _lacagacible Lsad'sse
t OB. _Economic 13. _Public Serviers 21. XX!,1!!1c/Clrculatlod 23. 1X ^.ylaclov E_:ect.s
01. rare Rsstrd !: Schools XX':tet:1::co =0. '•::i.�^.er ,`Jlcration.of
.3. MOM (lpprot) Federal S 1. Stste S -�t'` S
' 14. P =nrr l.dla C= Ata zr fuu: .
Residential and Agricultural
13. M..M-r CC_') STTa4:
The project consists of the formation of Drainage Area 52D and adoption of a drainage plc
fee ordinance. The drainage fee will pay for tlle•dreinoge system consisting of pipelines
tinches in diameter and a detention basin.
February 16, 1989
:s. stc�tAlr1B aT [E,n eco: �-�-t•-r•-1vE. �-r � - � �•u-E
ato'eGtac
l .: 1 ��: Z= e2.1c jca:sti t
r t" � _
.
::va a `bttoe of Prcptncioo or �rertous ora:: aoczarac: �Letae :.11 :. :a•
Regources Agency Caltrans District
Boating/Waterways Dept. of Transporta-t-4c.n ping,'
Conservation Aeronautics
Fish and Game CA, Highwav Patrol
Forestry Housing & Cominity I)ev't
Colorado River Board Statewide Flealti Ping-
' Dept. Water Resources Health
Reclamation Food & Agriculture
Parks and Rec Public Utilities Comm
Office of Historic Preservation Public Works
Native American Heritage Carrm Correcticris
S.F. Bay Cons. & Devot. Comm General Servicers
Coastal Cc= CaN
Energy Cornu -c—=-.ta Monica Mtns
State Lands Coma '!--a:%-CALM2A
Air Resources Board C-za - cliz-A
Solid Waste Mgmt Board C7--,, - Coastal
SWR(M: Sacto ;-z,--eau of rand Management
WQM: Region a :crest Service
Water Rights tither:
Water Quality Ct! er:
FOR 9zq, -QSFI-gjLlT
Date Received at S(::-f
Date Review Starts Ax licant
Date to Agencies Coms u-I tan
Cate to SC-1
Clear=- ce Cate Acdress
i
OCMPA ODM ODTn f
' FUMZC warms UEPARn'Ofr
IHITIAI, STUDY
'. OF ENVIP4XZIEtM SIGNIFiOUKE
Project 1L=e: CRAIKAGE 52D FUIZCN Public Wazi-- Dq{a�
255 Glacier Drive
Kirtin—, California 94553
Prepared by: Sam N. Choi Date: September 20, 1988
Reviewed by: 4 Date: Q`Zq -
RFJCt7?glZ=a () General Rule: E�KFt frxn Govt. Code 65402 by Board of
' Supervisors Resolution 81/522
() Categorical F]cr VUon (Class ) (X) Negative Declaration
() Dwi.ror>z-ntal Irpact Report Required () Clxditial&i No3. Declaration .
' This Project WI]1 not have a significant effect on the ern'irorulent.
The xe==atlation is basad on the follovirg (List aLl it- idea-;fied as
sigiificant). I
' SEE A=CHED ENVLRCd,9WrAL 0�Q FLS` i
AU iteTs were considered having insig Litic nt'iTkact.
Wham cthang— to the project vculti mitigate the ;o-rit•:f ied impact- (List
' mitigatien measures for any significant iXVacts ani conlLtlnrzil rrcgative
dec-larat-ion).
NONE.
' USGS Quad Sheet: _ Base Mao Sheet 1 11.-26 Parcel 9 _o
J-26
MUMAL, ATIcus
1. Location- The parcel is located east of Marsh �k --t of Sellers Avenue
between Cypress Road and Delta Road in the Oakley r-na.
' 2. Project Descriptien: Mie proiect consists ofthe e:•a on of a Area
52D and the adoption of a drainage clan and fee c:•duwC.P. The drainage
fees will My for the drainage system cvnsisttm of pltxllras to 48 ndhes
in diameter.
' 3. Does it appear that any feabam of the project L ZIC/co Lin
ti+i11 9errsate significant public CXIMM?
(ffatLxre of mioesn)
4. Will the p—ject roq-i approval of permits by CU12f /—/no
than a tlzmt}. agency?
I
Agency r»c: De77artnent of Fish 6 Game.
' S. Is otic Octwittun t1�e
/ pra7 sJ-Irsc of Iftfluoi
cs�x of yr: t�? Ila
'4
1
UK:SC:,cbTKw
FA520.EM.tl2
1
rC{�O-�NT�nRAA COSTA�. CCO TUNTY
ST FUEE
1. Name of Proponent S G m Choi
I2. Address and Phone Humber of Proponeat 6'16- J�'S4 70-co
n Un
r S
t 3. Date of Checklist Subnitted �e t+1 6 -
4. ;came of Troposal, if applicable DA- 5Z D FoR M A T/ 0A�
11. Env---o��r.n i IM=zt,-
(F�cpianations of all sianii'iccnt, (S), _s-es ere required on attacttec
sheers_)
1. Ea--,~,.h_ Will `..he proposal result i-n: v
' a_ Uns, ble e. -zh conditions or iz cr=2.'eS 12 U
geologic subsrscrures? /1
1 b. Disruptions, displacements, c -w-^ ion or
overcove_-ing of the sail? y
' c. Change in topcgraphp or ground su-''-='
relief f eatures?
- d. The.destructioa, covering or mn i- -cnrioa
• - - of any unique geologtc or physical features?
e. any increase In w.nd or Rater en--sica of
soils, ei ter on or off tbe- sire? _
_'. C=-Ies in deposition or erosion c: -eac
sands, or c-inges i: sil to ion, d2c0S'_:cn c.
eroslcrl :.-hict .=-'r -Odify Z:le C:-anne- Of a
ri-ier or stream or :te ted of =e ccen or
an lr to j, inlet or lake?
�.pcsure of ppeopLe or ,property --o Seolog;c
hazares suca as ear-haus kes. landsl_nes.
1 --ucsLides, ground failure-, or
?feese P�ote: IS, :s icr significant; Tis for lnsicniiic�nt
I2. Air. Will the proposal result in:
a. Substantial air emissions or dererio:-ation
of ambient ai_ duality?
b. The creation of objectionable odors?
' c. Alteration of air movement, moisture, or
temperature, or any change in climate,
either locally or regionally?
' 3. Uter. Will the proposal result in:
a. Cbanges im currents; or the course of di-
rection of water movements, in either = ine
or fresh waters? �\
b. Changes in absorption rates, dainaee cat-
terns, or the raze and amount of sur:ace
runoff? �
C. Alterations to the course or loz•of _'_ood
waters?
' d. Change in the amount of surface ;-arer in
any nater body?
e. Discharge into surface waters, or in anY
alteration of surface water cruality, in-
cluding but not limited to teW e azure.
dissolved oxygen or turbidity?
f. Alteration of the direction or rate of flow
of ground vra zers?
g. Cbange in the quantity of ground va.ters,
either through direct additions or with—
dravals, or through interception of an -
' aquifer by cuts or-excavations?
h. Substantial redu�&n in the amount of
' water otherwise available for u7uhlic
water supplies?
' i. .l:posu.-e of people or property to ate:
laLc-d tazards such as flooding or _ica1 :.aves? x
Y. Plant U,e. WL11 the proposal °su!:
1 a. Change in the diversity of spe^=es, or nu-m•-
ber of any species of plants (including trees,
' shrubs, o:ass, crops,, and aquatic olanz:s)?
S
i
b. Reduction of the nunbers of any unique, raze
or endangered species of plants? �-
c. Introduction of new species of plants into an
' area, or in a barrier to the normal replenish-
ment of e-,dsting species?
d. Reduction in acreage of any agi-I cultural crop?
5. Anirrnl Lige. Will the proposal result in:
a- Change in the diversity of species, or num-
bers of. any species of animals (birds, land
animals including reptiles, fish and shell-
, fish, benthic organism or insects)? x
b. Reduction of the numbers of a.nc unique,
' rare or endangered species of ai=ls? _
c. Introduction of new species of a-ri=ls into
an area, or result in a barrier to the mig:-a-
tion or movement of animals?
d. Deterioration to eristing fist o wildlife
habitat?
6. Noise. Will the proposal result is a
-a. Increases in existing noise leceis?
b. Exrosure of people to severe noise levels?
7. Light and Glare. Will the proposal produce new
light or glare?
8. Land Use. Will the proposal result in a sub-
stantial alteration of the present or planned
' land use of an area? —
' .-
9- Datura l Resources. Will the proposal result i^.:
a. Increase in the rate of use of z-ny na-t�a'-
resources? _
10. Risk of Upset. Will the proposal _nrolve:
a. A rsk of an e"rolosio❑ or the release of
1=n rdous su.osrances (inc ludic5, `�t aflt
limited to, oil , pesticides,. cnf--:ica.ls or
radiation) in the event of an ac----dent or
upset conditions? _
b. . possible interference with an emergency
response p1a.n or an emergency evacuation
plan?
11. population. Will the proposal alter the location,
distribution, density, or growth rate of the hen
population of an area? �(
12. Housl.ng. Will the proposal affect 2dsting hour`
ing, or create a demand for additional housing?
13. Zransporration/Circulation. Will the proposal
result in:
a. Generation of substantial additional
vehicular movement?
b. Effects on emisting parking facilities, or
de=d for new txLrI.ng?
' c. Substantial impact upon exist in- s�r`-
tation systems?
d. Alterations to present pa.tter-as of ciresl:-
' tion or movement of people ardlcr goods? �{
e. Alterations to watercor-ne, r-'1 o= ai= ter'-=
f. Increase in traffic hazazzis to actor vericies,
bicyclists or pedestrians?
' 14. Public Services. Will the propo.,—' tavect
.an effe
upon, or result in a need for new or altered gov-
ernmental services in any of the following areas:
Fire protection?
b. . PoLice protection?
Schools?
d. Parks or .other recreational
e. atenance of public facilities,
�i
roads?
f. other goveramenLal ser--'ices?
' 15. Eae_by. Will the proposal result _r:
a. Use of substantial amounts of °::el or ene 17?`
1
1 ,
b. Substantial increase in demand upon existing
sources or energy, or reouire the development
of new sources of energy?
f16. Utilities. Will the proposal result in a need for
new systems, or substantial alterations to the
following utilities:
' 17. Human Health. Will the proposal res-ult in:
' a. Creation of any health ha:a_*-d or potential
health hazard (excluding mental health)?
' b. E �re of people to potential health
hazy - s?
18. Aesthetics. Will the proposal result in the
obstruction of any scenic vista or view open to
the public, or will the proposal result in the
creation of an aesthetically offe^s-J ve site open
' to public view? X"
19. Recreation. Will the proposal rest:'_-- in an
impact, upon the quality or quantity c_ existing
recreational opportunities? _ x _
20. Cult-sral Resources.
a. Will the proposal result, in the = tz="atiOU
of orthe destruction of a pre^'storic or
historic archaeological site?
' b. Will ther000sal result in adverse oaysical
P .
or aesthetic effer;.s to a prehistoric or
historic building, structure, or object? }�
c. Does the proposal have the po-cent:al to
cause a physical change which weld afleot
unique ethnic cultma.l valuesT _
d. Will the proposal restrict exisziniz reiig�ious
or sacred uses within the poteat_a_ 4cact
area? _
' 21 . !,nnda ry Findings of Significance.
a. Does the project :iave the potent__'_ zo d(2g----ne
zhe orality of the envi=or=ec- . .:.�stsnttaLly
' reduce the habitat of a. fisa .o? aldlife
species, cause a fists or wild?ife population
to d_,00 below self sustaining levels, threazeca -
' to elL,^..ina.te a plant or anirul c,-rmuaity, re-
duce ne number or reser -ne r7-age of a a-re
or endanyered plant or am-.I—Ii1 .or el_.ciir,.ate
` S 1
important examples of the major periods of
California history or preaistory? _
b. Does the project have the potential to achieve
I short-term, to the disadvantage of long-tern,
environmental goals? (A short-tem impact on-
the environment is one % ich oc-urs in a
rela-tively brief, definitive period of time while
long-term imaacts will endure vell into the
f uture.)
! c. Does the project have imcacts which are
individually limited, but cumulatively con-
siderable? (A project may impact on tux) or
' more separate resources where the impact on -
each resource is relatively smell, but where
the effect of the total of those impacts on
' the environment is signif ica.nt.) _
d. Does the oroj ect have enviro:vmenta 1 effects
maim will cause substantial adverse effe^rs
on n•r-iz beings, either di.re✓tiv 'oi' indi:eczl:�?
Discussion of 'Environmental Evaluation
See Attachment.
' IP. Determination
' Onthe basis of this initial evaluation:
I find that the proposed project CaTM have a sig ni_icnnz effect
on the environment, and a ti=IVE DaMAR:_TJCN will be prepared. G
I find that although the proposed project could have a. significant
effect on the environment, there will not be a significant effect -in
this case because the mitigation measures described on an attached
sheet have been added to the project. A NS ATIVE DOMARATION -WILL BE
PRTARED. --
' I find the proposed project ;SAY have a
environment, and. an STI:,JXRSL= L IMPAC: r•' is ro�ui=�.
Dale ;i ;za. �. .
_evi-wee
' INITIAL S`I JDY OF ENVIRONMENM SIGUFICANCF `
SUPPLEMERAT U\TpFM'dTON
' FOR DA-52D
Each item on the Initial Study form was researched using the overlays
' provided by the Community Development Department and by field
investigations of the project site. As a result of this analysis, each item
on the checklist was found to be insignificantly affected by the project.
' The comments provided in this attachment sWport this finding.
Field - verified Items:
1 a,b,c,d. The proposed project includes a detention basin. Since the
basin will be constructed underground with 4 to 1 side slope,
it will not result in unstable earth condition, disruptions,
and displaccaents. Since the basin is only about five feet
deep, the changes in geologic substructures and topography
will be insignificant.
1 e,f. Since the basin will reduce peak flows before discharging
into Marsh Creek, erosion and deposition of soil into Marsh
' Creek will be insignificant.
1 g. Since the basin cuts are surracial -geologic hazards .can be
considered insignificant.
' 3 a. currently, the drainage frcn, Drainage Area 52D drains into
the Knightsen area causing substantial flooding in there.
The proposed drainage plan drill. intexcepL said drainage,
detain it in the basin and discharge into I-G z Creek, thus
reducing flood problems in ]•mdghtsez and Dra .age Area 52D.
The proposed plan will not affect existu'q irrigation
facilities.
3 b. Since the project will not create hard surfaces, absorption
rates will not be changed.
3 c. Since there are no defined water courses or tater caays in
that area, the proposed project will not alter the course or
' flow of flood water significantly-
3 d. The proposed pipes will not significantly change the drainage
' patters or rate of surface runoff sincee surface drai .ige
swales will be used along the pipelines.
3 e,f,g. The proposed pipes will be irpervious to rround'.•.'ater in-
trusion.
n-
thusion.
3 h. The surface flood water will be reduced by installirq
' pipelines. 'I9le reduction of surface water is mitigated by
holding this water in a detention basin which will provide
access to free Nates, open space and groundcrater recharge.
3 i. Since the basin will be constructed with - sUfficient free
board, there will not'be any water related hazards.
PAGE1GF3 -
1
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFOA IA
' AS THE GOVERNING BODY OF CONTRA COSTA CO-LINTY,
FLOOD CONTROL & WATER CONSERVATION DISTRIT.
Adopted this Resolution on , by the following0vote:
' AYES:
.1FZIP
tt.ee
NOES: ' ( F <
i
ABSENT: t `
ABSTAIN:
SOI:UT ON NO. 00/
. ;.
SUBJECT: Amendment No. 2 of Drainage AAa=52D;"'A, 'teci��P n, Refieal of Drainage Fee
Ordinance No. 98-58, and Ad(7spfing of a <` w Drainage:FOrdinance for Drainage
Area 52D, Oakley Area. Project No. 75 -6D82227:-ME
The Board of Supervisors of Contra Costa Cpunty,.as tdegovermng body of the Contra Costa
�`.
County Flood Control and Water Conservation Disfnct, RES I.EVES THAT:
� E ..f,
On October 23, 2001,,the Bo d adopt dr'a Resolution proposing to amend the adopted plan for
Drainage Ar52D, and to,repe�d eexist
: ing d ainage
ea ee ordnance and to adopt a new drainage fee
ordina ce for the drainagegarea : :,.
s .
On December hl 20IS
ursuant to the Boards Resolution of October 23 2001 this Board
"p the repeal of the existing drainage
held a hearing�o�conslder the amen riertb�of said drainage area plan, p g g
.fir
fee ordinance N,o 98 5$ ari&the adoption�of a new drainage fee ordinance. All written and oral
objections presented coricerruxig the proposed amendment of said drainage area plan, the repeal of
drainag; ee ordinance No: 98=58; and adoption of a new drainage fee ordinance were considered.
This Board FIND that an valid written protests filed do not represent more than one-half of
� Y p p
tassessed valuation of seal property contained in the proposed drainage area. This Board also
INDS that no written petition for an election signed by at least 25 percent of the registered voters
Al b the proposed drainage area has been filed.
i= IVu ears fikom the affidavits of publication on file with this Board that all notices required to
begi enfforsuch a hearing have been duly and regularly given and all procedures to be followed have
been 41'' ed, 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.
The Board hereby ADOPTS the Addendum to the previously certified Negative Declaration,
' CP#00-36, for Drainage Area 52D formation.
The Board hereby also FINDS that good cause exists for the amendment of the adop ed plan for
1 ��.
aforesaid drainage area and ORDERS that Contra Costa County Flood Controland Wate} Conservation
•.as V g
District Drainage Area 52D Plan Amendment No. 2 to the adopted drainage 1i1an�ases'ui wn on the map
' entitled, "Drainage Area.52C Boundary Map.and Drainage Plan A,rnendment No�2'.-.�atteed December
lar-
0Y
s .:.,_ .
5, 2000, proposed to be instituted for the drainage area and onfil`e;with the Cl�eof:the> ;oard of
Supervisors, Administration Building, Martinez, California is•:lereby INSTITUTED:'=; : t -•�
.
The Board hereby REPEALS Ordinance No. - NA98-58 ind C,TS'OrdinancevN
establishing drainage fees in said drainage area.
The Board FINDS, pursuant to Government Code SectJom,.01 >a)as follows: The purpose
of the fees described in this resolution is to generate monies o finances iexxonstruction of drainage
` *
•improvements within the drainage area. The fees will be used to fina 66,1&drauiage improvements
listed in the Engineer's Report and the Drainage Plan entitl dDrainage eaS D Boundary Map and
Drainage Plan Amendment No. 2 dated Decembers 20.00;Which report and lans are on file with the
Clerk of the Board. As discussed in more detal *in�said-re'port",andira the " on Impervious
Surface Drainage Fee Ordinance," dated Janu 5 1982 the, es;oDde�o ment that are subject to
the fees will generate additional impervious r�faces anddraniageY?v tl in he drainage area, thus
creating a need to construct improveme ts: Use of theyfees paidali!,:`Zh type of development will
ur
provide necessary infrastructure to mitigate adversolfdrainage i pacts that would otherwise result from
such development.
This Board IWreby DIRECTS the Di ector of CommunityI? a"velopment to file a Notice of
Determination, 01
and AUTHOI AZTES the Public-"WOMST rector to arrange for payment of a$25 fee to
CommurityDevelopmen for procesmg, and $23��'fee to the County Clerk for filing the Notice of
.• •F�.. . �.:,•• ...
Determmaf410n '- hn•
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 date shown.
ATTESTED:
JOHN SWEETEN,Clerk of the Board
�. of Supervisors and County Administrator
§`
' By ,Deputy
9.
G�Grppats\FI.dCtlVLdrn tiffs et,on\Board Orders\2000 BO\Reso Amend#2-DA 52D.doc
.a;•a
Qrig:;0Dzpt�; P;tibhe Works(Flood Control)
1 -,GgntacttP.ersons Dean Eckerson(313-2271)
cc: County Administrator Ralph Garrow&Cardinale
' Community Development P.O.Box 367
Building Inspection Antioch,CA 94509
County Counsel Building Industry Association
County Assessor Eastern Division
' County Treasurer—Tax Collector 1280 Blvd.Way,#211
Auditor/Controller Walnut Creek,CA 94596
PW-Accounting—F.Scudero David Lennon
T.Torres,Env. Hoffman Company
' City of Oakley P.O.Box 907
Building Industry Association Concord,CA 94522
P.O.Box 5160 Steve Millar
San Ramon,CA 94583 Warmington Homes
3160 Crow Canyon Place,Ste 200
' San Ramon,CA 94583