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HomeMy WebLinkAboutMINUTES - 10222002 - C13-C17 eel ORDINANCE NO. 2002-33 ALCOHOLIC BEVERAGE SALES COMMERCIAL ACTIVITIES The Contra,Costa County Board of Supervisors ordains as follows(omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I. SUMMARY. This ordinance adds Chapter 82-38 to the County Ordinance Code to require land use permits for newly established Alcoholic Beverage Sales Commercial Activities, to confer Deemed Approved Status for existing Alcoholic Beverage Sales Commercial Activities, and to provide standards and an administrative hearing process to review violations of those standards, in order to protect the general health and welfare of the residents of the County and to prevent nuisance activities where alcoholic beverage sales occur. (Ord. 2002-33 § 1.) SECTION 11. Chapter 82-38 is added to the County Ordinance Code to read: CHAPTER 82-38 ALCOHOLIC BEVERAGE SALES COMMERCIAL ACTIVITIES Article 82-38.2 General 82-38.202 Purpose and administration. This chapter requires and provides criteria for the consideration and approval of land use permits before a new Alcoholic Beverage Sales Commercial Activity will be permitted in any land,use zoning district of this county. This chapter further confers Deemed Approved Status upon existing Alcoholic Beverage Sales Commercial Activities. The county finds it necessary to establish land use permit requirements and criteria in the interest of the public health, safety and welfare to regulate Alcoholic Beverage Sales Commercial Activities in the unincorporated area. This chapter alone does not allow or permit Alcoholic Beverage Sales Commercial Activities,but only applies to these activities where otherwise allowed or permitted within an involved applicable land use zoning district. This chapter does not authorize Alcoholic Beverage Sales Commercial Activities in any land use district where they are not otherwise allowed or permitted by the applicable involved zoning district's regulations. (Ord. 200233 § 2.) 82-38.204 Definitions. For purposes of this chapter, the following words and phrases have the following meanings: (a) "Administrative Hearing Officer." The Zoning Administrator or his or her designee is the Alcoholic Beverage Sales Administrative Hearing Officer. ORDINANCE 2002-33 1 TO: BOARD OF SUPERVISORS Contra FROM: Silvano B. Marchesi, County Counsel Costa By: Sharon L. Anderson, Chief Assistant DATE: October 22, 2002 ;; . County SUBJECT. OrdinanceRegulating Disclosure of g g Confidential Consumer Information by Financial Institutions SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Introduce ordinance amending Ordinance No. 2002-30, regulating disclosure of confidential consumer information by financial institutions, to postpone its effective date, waive reading, and fix November 5, 2002 as the date for adoption. BACKGROUND: On September 24, 2002, the Board of Supervisors unanimously adapted Ordinance No. 2002-30, regulating disclosure of confidential consumer information by financial institutions. Section III of the ordinance provides that the effective date is January 1, 2003. Staff has been advised that San Mateo County and Daly City plan to amend their ordinances to delay the effective dates until at least March 1, 2003, in light of litigation challenging their ordinances. The Bank of America and Wells Fargo Bank, and their respective affiliates, also have filed suit in federal court challenging this county's ordinance (Bank of America, N.A., et a/. vs. Centra Costa County, et aL, U.S.D.C. No. C 02-4943 MHP). Delaying the effective date will enable the parties to conduct an orderly yet expeditious preparation for hearing in the two cases. CONTINUED ON ATTACHMENT: __IES –SIGNATUR > �� ___ -_-__-_________-_-_-__,.------------- '=cECC3MMI=NDATIC7N OF COUNTYADMINISTRATOR RECOMMEN?t 1 ION OF BOARD COMMITTEE �,A–PPROVE OTHER SIGNATI IRE(Sr�_ _:____ ___ ____ ____________________---_________ ______--__.._---ACTION OF BOARD ON # a ':r_ F'("ROVE AS RECOMMENDED _ _ OrfF , r VOTE OF SUPERVISORS i HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPYOF AN ACTION TAKEN UNANIMOUS(ABSENT-46,Z.,,-° ; AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE. AYES: NOES: SHOWN. ABSENT: ABSTAIN: ATTESTED � '-f � ��� ' CONTACT:KeIlyFlanagan(335-4849) JOHN SWEETEN CLERK OF THE BOARD OF SUPERVISORS AND COUNTYADMINISTRATOR cc: CountyAdmini$lrator BY r r: . TY H k5oard of Sup—sora\F!nar—I P—cy Amendment Ste%Roport-pd ORDINANCE NO. 2002-44 PROTECTING CONSUMER FINANCIAL INFORMATION The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I. This ordinance amends Ordinance No. 2002-30 to modify the latter's effective date. SECTION II. SECTION IIT of Ordinance No. 2002-30 is amended to read as follows: SECTION III. EFFECTIVE DATE. This ordinance shall be effective September 1,2003, and within 15 days of passage shall be published once with the names of the supervisors voting for and against it in the Contra Costa.Times, a newspaper published in this County. SECTION III. EFFECTIVE DATE. This ordinance shall be effective 30 days after passage, and within 15 days of passage shall be published once with the names of the supervisors voting for and against it ins he contra Costa Times, a newspaper published in this County. .4 PASSED ON _ by the following vote: AYES: NOES: NOES): ABSENT: ABSTAIN: AT'T'EST: JOHN SWEETEN, Clerk of the Board of Supervisors and County Board Chair Administrator By �SEAL� Deputy HABoard of SupervisorsTinancisi Privacy Ord Amendment No i.svpd ORDINANCE NO. 2002-44 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY t FLOOD CONTROL AND WATER CONSERVATION DISTRICT Adopted this resolution on October 22, 2002 by the following vote: AYES: SUPERVISORS UI1XMAA, GERBER, DESAULNIER, GLOVER and GTOIA NOES: N--ONE ABSENT: NONE ABSTAIN: NOINE RESOLUTION NO. 2002/ 671 (West's Water Code App. Ch. 63, Sec. 12.2 and 12.3) SUBJECT: Notification of Hearing to Consider the Establishment of Contra Costa County Flood Control and Water Conservation District Drainage Areas 62, 72, 78, 87, 88, and 89, and Adoption of a Drainage Fee Ordinance for Drainage Areas 62,72,78, 87, 88,and 89, Martinez, Pleasant Hill area. Project Nos. 7505-6D8173-01, 7505- 6D8180-01, 7505-6D8196-01, 7505-6D8205-01, 7505-6D8207-01, and 7505- 6D8208-01. 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; The Contra Costa County Flood Control and Water Conservation District Act, hereinafter referred to as "Act," provides authority for said Governing Body to establish drainage areas, institute drainage plans therefor, and adopt drainage fee ordinances. This Board has before it for consideration the proposed boundaries of Drainage Areas 62, 72, 78, 87, 88, and 89, consisting of that real property described in Exhibit "A" through "17", attached hereto and incorporated herein by reference. Originator: Public Works Department(FCE) Contact Person:Kevin Emigh(313-2233) G:\Gr.r)Data\FldCU\AdministraEor!\Board Orders\2002 BO\10-22-02 NOH DA 62 etal,doc cc: County Administrator Dave Lennon Community Development Hoffman Company I hereby certify that this is a true and correct copy of Building inspection P.U.Box 907 an action taken and entered on the minutes of the County Counsel Concord,CA 94522 Board of Supervisors.on the date shown, County Assessor County Treasurer-Tax Collector Albert Seeno Company County Auditor—Controller P.U.Box 4113 Chief EngineerATTESTED: Concord,CA 94524-4113 Accounting Design—Environmental Steve Abbs JOHN SWEETEN,Clerk of the Board of Supervisors Engineering Services Davidon Homes and CountyA,&mlnlstrator 1600 South Main Street,suite#15o Building Industry Association Walnut Creek,CA 94596 P.O.Box 5160 San Ramon,CA 94583 Paramount Homes By Deputy 2108 Grant Street Jeff Lawrence Concord, CA 94520 Braddock&Logan 4155 Slackhawk Piz Cir,#201 Heidi L.Friesen Danville, CA 94506-4613 Hoffman Land Development 1380 Galaxy Way Concord,CA 94522 RESOLUTION 2002/ 671 SUBJECT: Notification of Hearing to Consider the Establishment and Adoption of a Drainage Twee Ordinance for Drainage Areas 62, 72, 78, 87, 88 and 89, Martinez, Pleasant Hill area. DATE: October 22, 2002 PAGE: 2 This Beard has before it the Engineer's Report, entitled "Contra Costa County Flood Control and Water Conservation District: Engineer's Report for The Establishment of Drainage Areas 62, 72, 78, 87, 88, and 89," and the environmental documents prepared for the proposed actions. Said documents, which show the general location of said drainage areas are on file with, and may be examined at, the office of the Clerk of the Board of Supervisors, Administration Building, Martinez, California. Proposed drainage fee ordinances providing for all or partial payment of facilities to help mitigate regional casts in the Grayson Creek Watershed, may be examined at, the office of the Clerk of the Board of Supervisors, Administration Building, Martinez, California. It is proposed that Drainage Areas 62, 72, 78, 87, 88, and 89 be established and the attached drainage fee ordinances be adopted. At 9:30 AM on December 3, 2002 in the Chambers of the Beard of Supervisors, Administration Building, Martinez, California, this Board will conduct a public hearing on the establishment of said drainage areas and the adoption of the attached drainage fee ordinances for the said Drainage Areas. At said hearing, this Board will consider and act upon the Determination of Exemption and will hear and pass upon any and all written or oral objections to the establishment of Drainage Areas 62, 72, 78, 87, 88, and 89, and the adoption of the proposed drainage fee ordinance for Drainage Areas 62, 72, 78, 87, 88, and 89. 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 Hearing, pursuant to Government Code 6066, once a week for two (2) successive weeks prior to the hearing in the Contra Costa Times, a newspaper of general circulation, circulated in the area of said Drainage Areas. Publication shall be completed at least seven (7) days before said hearing and said notice shall be given for a period of not less than twenty (20) days. The exterior boundaries of the proposed drainage area include lands within the Cities of Martinez and Pleasant Hill. The Clerk of the Board is DIRECTED to forward to the governing body of said Cities a copy of this Resolution at least twenty (20) days before the above noted hearing. The Clerk of the Board is further DIRECTED to mail a copy of the Notice of Public Hearing to any interested party who has filed a written request for mailed notice with the Clerk of the Board or with the District, as provided by Government Code Section 54986 (a) and 54992 (1). Said mailing shall be performed at least fourteen (14) days prior to the hearing. RESOLUTION 20021671 File 3062-15 Boundary Description EXHIBIT "A" CONTRA COSTA COUNTY FLOOD CONTROL and WATER CONSERVATION DISTRICT DRAINAGE AREA 62 BOUNDARY DESCRIPTION A portion of Rancho las Juntas, a portion of Rancho Canada del Harnbre y las Bolsas, and a portion of Rancho la Boca de la Canada del Pinole, Contra Costa County, California, lying entirely within Contra Costa County Flood Control District Zone 3-B (Walnut Creek Watershed) described in the Resolution adopted December 16, 1954 by the Commissioners of Contra Costa +County Flood Control and Water Conservation District. Bearings and distances and references to maps, boundary lines, ownerships, and resolutions are to records of Contra Costa County. Beginning at the centerline intersection of pleasant Hill Road and Strand Avenue, being an angle paint on the boundary of Contra Costa County Flood Control and Water Conservation District Drainage Area 16 described in EXHIBIT "A" attached to Contra Costa County Resolution 86/278 adopted May 20, 1986; thence along the boundary of said Drainage Area 16, in a general southwesterly direction 6,750 feet, more or less, to the most western corner thereof, being an angle point on the boundary of Drainage Area 46 described in EXHIBIT "A" attached to Contra Costa County Resolution 88/25 adopted January 12, 1988; thence along the boundary of Drainage .Area 46, in a general southwesterly direction 11,150 feet, more or less, to a point which bears, south. 23° east 470 feet, from the most western comer thereof; thence leaving said boundary, south 38° west 250 feet; thence north. 52° west 1,000 feet; thence in a straight line, westerly 400 feet, more or less, to a point on the boundary of aforementioned Zone 3-13 which bears, southwesterly 450 feet, from the southern terminus of Zane 3-B course "south 450 east 1,360 feet"; thence along the boundary of Zone 3-B, in a general northerly direction 7,770 feet, more or less, to an angle point on said boundary which bears, south 55° 40' 18" west 350 feet, from the southern terminus of the most eastern line of J. Richard Townsend et ux parcel of land recorded Jane 9, 1948 in Volume 1214 of Official Records at page 99; thence leaving the boundary of Zone 3s13, north 55° 40' 18" east 350 feet, to said terminus; thence along said eastern line, north 0° 44' 48" east 440 feet; thence in a straight line, northeasterly 300 feet, more or less, to the northwest corner of Lot 17 of Subdivision 7821 recorded October 10, 1994 in Map Book 376 at page 1; thence along the north line of Lot 17 and its eastern prolongation, north 73° 06' 42" east 145.93 feet, to the center of Sunrise Ridge cul-de-sac; thence along the centerline of Sunrise Ridge, in a general easterly direction 350 feet, more or less,to the northwestern prolongation of the southwest line of Lot 18 (376 M 1); thence along said prolongation, south 25° 33' 43" east 26 feet, to an angle paint on the boundary of PARCEL "B" (376 M 1); thence along said boundary, in a general easterly direction 726.85 feet, to the northwest corner of Lot 26 (376 M 1); thence along the north line of Lot 26, south 65° 15' east 68.38 feet and north 73° 46' 47" east 100 feet; thence continuing north 73° 46' 47" east 26 feet to the centerline of Sunrise Ridge, thence along said centerline, in a general southerly direction 145 feet, more or less, to the southwestern prolongation of the northwest line of Lot 34 of Subdivision 7820 recorded June 7, 1994 in Map Book. 373 at page 1; thence along said prolongation and northwest line, north 54° 13' 10" east 144 feet, to the most northern corner of Lot 34; thence along the north line of Lets 34, 33, 32, and 30 (373 M 1), in a general easterly direction 301.40 feet, to the north corner of Lot 30; thence south 45° 26' 015" east 143.14 feet to the east corner of said Lot 30; thence in a straight line crossing Jennifer highlands Court, southeasterly 78 feet,more or less, to the north line of Lot 25 (373 M 1); thence along the north line of Lots 25, 24, 23, and 22 (373 M 1), in a general southeasterly direction 372.88 feet; thence along the southeastern prolongation of the north line of Lot 22, south 65° 47' 30" Page I of 3 Pile 3062-15 Boundary Description east 30 feet, more or less, to the centerline of Hidden Pond Road; thence along said centerline, in a general southerly direction 145 feet, more or less, to the centerline of Sunrise Ridge Drive; thence along said centerline, in a general easterly direction 130 feet, more or less, to the southern prolongation of the west line of Lot 2 (373 M 1); thence along said prolongation and west line, north 19' 04' 03" east 123.16 feet, to the northwest comer; thence along the north line of Lot 2 and its eastern prolongation, south 88° 31' 12" east 151.57 feet, to the cul-de-sac center of Julie Highlands Court; thence along the western prolongation and south line of Lot 5 (373 M 1), south 67° 41' 22" east 193.68 feet, to the southeast corner; thence along the east line of Lot 5, north 14° 50' east 102.71 feet, to the northeast corner; thence in a straight line, northeasterly 365 feet, more or less, to the northeast corner of PARCEL "B" (373 M 1); thence in a straight line, northeasterly 280 feet, more or less, to the west corner of Lot 9 of Subdivision 5306 recorded June 24, 1980 in Map Book 241 at page 1; thence along the boundary of Lot 9, north 53° 00' 06" east 152.33 feet and south 70° 42' 19" east 80 feet, to the right of way line of Silverhill Court cul-de-sac, being a non-tangent curve concave to the southeast having a radius of 50 feet; thence along the arc of said curve, northeasterly 83.60 feet, to the most southwestern corner of Lot 4 (241 M 1); thence along the boundary of Lot 4, in a general northeasterly direction 425.13 feet, to the most northern line thereof; thence along said northern line and its northeastern prolongation, north 67° 16' 59" east 67 feet, more or less, to the centerline of Reliez Malley Road; thence along said centerline, southeasterly 65 feet, more or less, to the southwestern prolongation of the northwest line of Lot 35 of Subdivision 3114 recorded October 9, 1963 in Map Book 95 at page 33; thence along said prolongation, northwest line, and northeastern prolongation thereof, north 50° 15' 36" east 206.12 feet, to the centerline of Pebble Beach Loop; thence along said centerline, southeasterly 90 feet, more or less, to the southwestern prolongation of the northwest line of Lot 48 (95 M 33); thence along said prolongation and northwest line, north 44° 34' 24" east 178.16 feet, to the north corner thereof; thence along the northeast line of Lots 48, 47, and 46 (95 M 33), south 49° 53' 45" east 297 feet, to the west corner of Lot 60 (95 M 33); thence along the northwest line of Lot 60, north 49° 51' 13" east 89.24 feet and north 62° 30' 28" east 120 feet; thence continuing north 62° 30' 28" east 25 feet to the centerline of Pebble Beach Loop; thence along said centerline and the centerline of Cherry Hills Drive, in a general southeasterly direction 970 feet, more or less,to the western prolongation of the north line of Lot 12 (95 M 33); thence along said prolongation and north line, north 82° 51' 14" east 259.79 feet, to the east corner thereof; thence in a straight line, easterly 120 feet, more or less, to the west corner of Lot 74 of Subdivision 7243 recorded July 30, 1992 in Map Boole 362 at page 36; thence along the northwest line thereof, north 29° 42' 17" east 45.35 feet, to Golf Links Street cul-de-sac right of way; thence in a straight line crossing said cul-de-sac, northeasterly 85 feet, more or less, to the west corner of Lot 78 (362 M 36); thence along the northwest line thereof, north 56° 12' 39" east 117.59 feet, to the north corner thereof on the boundary of Subdivision 4621 recorded September 15, 1981 in Map Book 257 at page 34; thence along said boundary, in a general easterly direction 972 feet, more or less, to the west corner of Lot 6 (257 M 34); thence along the northwest line of Lot 6 and its northeastern prolongation, north 63° 17' 36" east 131.65 feet, to the centerline of Kulani Lane; thence along said centerline, south 26' 42' 24" east 60 feet, more or less, to the western prolongation of the north line of Lot 4 (257 M 34); thence along said prolongation and north line, south 78° 28' 48" east 164.90 feet, to the northeast corner of Lot 4, being a point on the southwest line of PARCEL "A" of Subdivision M.S. 67-72 filed April 20, 1973 in Parcel Map Book 27 at page 31; thence south 26° 42' 24" east 86.34 feet to the southwest corner; thence along the Louth line of PARCEL "A" and its eastern prolongation, south 88° 47' 58" east 652.17 feet, to the west line of J. Bette Grover parcel of Iand recorded September 6, 1990 in Volume 16099 of Official Records at page 134; thence along said west line, north. 5° 31' west 92.64 feet, to the north line of said Grover parcel; thence along said north line, south 89° 55' east 128.4 feet, to the northeast corner thereof on the west line of PARCEL "A" of Subdivision M.S. 11-76 filed May 18, 1976 in Parcel Map Book 45 at page 15; thence along the boundary of PARCEL "A" (45 PM 15), south 4° 23' 58" east 153 feet and Page 2 of 3 File 3062-15 Boundary Description south 88' 47' 58" east 195 feet, to the southeast comer thereof; thence in a straight line crossing Dobbs Drive, northeasterly 66 feet, more or less, to the southwest comer of PARCEL A of Subdivision M.S. 289-77 filed August 22, 1978 in Parcel Map Book 69 at page 13; thence along the south line of PARCEL A (69 PM 13), north 89' 51' 14" east 237.97 feet, to the southeast corner thereof; thence in a straight line crossing Taylor Boulevard, southeasterly 154 feet, more or less, to the northwest comer of Lot 29 of Subdivision 2718 recorded August 13, 1959 in Map Book 74 at page 28; thence north 84' 00' 29" east 88.37 feet to the northeast comer; thence along the northeast line of Lot 29 and its southeastern prolongation, south 23' 56' 23" east 135.74 feet, to the centerline of Erin Court; thence along said centerline, in a general easterly direction 305 feet, more or less, to its eastern terminus at the centerline of Steven Circle; thence north 84' 00' 29"east 25 feet to the west line of Lot 44 (74 M 28);thence south 5' 59' 31" cast 23 feet, more or less, to the southwest comer thereof, thence north 84' 00' 29" east 115 feet to the southeast corner thereof; thence along the east line of Lot 44, north 5' 59' 31" west 41.99 feet, to the southwest corner of Lot 46 (74 M 28); thence along the south line of Lots 46, 47, and 48 (74 M 28), north 84' 00' 29"east 265.86 feet, to the west corner of Lot 4 of Subdivision 2642 recorded May 27, 1959 in Map Book 73 at page 18; thence along the southwest line of Lot 4 and its southeastern prolongation, south 27' 24' 59" east 123.52 feet, to the centerline of Linda Lane; thence along said centerline, in a general northeasterly direction 285 feet, more or less, to the northwestern prolongation of the southwest line of Lots 14 and 15 (73 M 18); thence along said prolongation and southwest line, south 46' 27' 49" east 209.69 feet, to the south comer of Lot 15; thence along the southeast line of Lot 15 and its northeastern prolongation, north 58' 56' 30" east 145 feet, more or less, to the centerline of Pleasant Hill Road; thence along said centerline, in a general southeasterly direction 200 feet, more or less, to an angle point on the boundary of aforementioned Drainage Area 16; thence continuing along said centerline, being also said boundary, in a general southeasterly direction 200 feet, more or less, to the Point of Beginning. LLH 12-19-01 Page 3 of 3 File 3072-15 Boundary Description EXHIBIT "B" CONTRA COSTA COUNTY FLOOD CONTROL and WATER CONSERVATION DISTRICT DRAINAGE AREA 72 BOUNDARY DESCRIPTION A portion of Rancho las Juntas and a portion of Rancho Canada del Hambre y las Bolsas, Contra Costa County, California, lying entirely within Contra Costa County Flood Control District Zone 3-B (Walnut Creek Watershed) described in the Resolution adopted December 16, 1954 by the Commissioners of Contra Costa County Flood Control and Water Conservation District. Bearings and distances and references to maps, boundary lines, ownerships, and resolutions are to records of Contra Costa County. Beginning at an angle point on the boundary of Contra Costa County Flood Control and Water Conservation District Drainage Area 16 described in EXHIBIT "A" attached to Contra Costa County Resolution 86/278 adopted May 20, 1986; said angle point is described as bearing along said boundary, north 21' 31' 55" west 200 feet, more or less, from another angle point at the centerline intersection of Pleasant Hill Road and Strand Avenue; the Point of Beginning is further described as being the intersection of the centerline of Pleasant Hill Road and the western prolongation of the north line of Lot I of Subdivision 2279 recorded May 21, 1956 in Map Book 63 at page 8; thence from said Point of Beginning, along the centerline of Pleasant Hill Road, in a general northerly direction 200 feet, more or less, to the northeastern prolongation of the southeast line of Lot 15 of Subdivision 2642 recorded May 27, 1959 in Map Book 73 at nage 18; thence along said prolongation and southeast line, south 58° 56' 30" west 145 feet, more or less, to the south corner of Lot 15; thence along the southwest line of Lots 15 and 14 (73 M 18) and its northwestern prolongation, north 46° 27' 49" west 209,69 feet, to the centerline of Linda Lane; thence along said centerline, in a general southwesterly direction 285 feet, more or less,to the southeastern prolongation of the southwest line of Lot 4 (73 M 18); thence along said prolongation and southwest line, north 27° 24' 59" west 123.52 feet, to the southeast corner of Lot 48 of Subdivision 2718 recorded August 13, 1959 in Map Book 74 at page 28; thence along the south line of Lots 48, 47 and 46 (74 M 28), south 84° 00' 29" west 265.86 feet, to the east line of Lot 44 (74 M 28); thence along the boundary of Lot 44, southerly, westerly, and northerly 180 feet, more or less, to the eastern prolongation of the centerline of Erin Court; thence along said prolongation and centerline, in a general westerly direction 330 feet,more or less, to the southeastern prolongation of the northeast line of Lot 29 (74 M 28); thence along said prolongation and northeast line, north 23° 56' 23" west 135.74 feet, to the north line of Lot 29; thence along said north line, south 84' 00' 29" west 88.37 feet, to the northwest corner thereof; thence in a straight line crossing Taylor Boulevard, northwesterly 154 feet, more or less, to the southeast corner of PARCEL A of Subdivision M.S. 289-77 filed August 22, 1978 in Parcel Map Book 69 at page 13; thence along the south line of PARCEL A, south 89° 51' 14"west 237.97 feet, to the southwest corner thereof,: thence in a straight line crossing Dobbs Drive, southwesterly 66 feet, more or less, to the southeast corner of PARCEL "A" of Subdivision M.S. 11-76 filed May 18, 1976 in Parcel Map Book 45 at page 15; thence along the boundary of PARCEL "A" (45 PM 15), north 88° 47' 58" west 195 feet and north 4° 23' 58" west 153 feet, to the northeast corner of J. Bette Grover parcel of land recorded September 6, 1990 in Volume 16099 of Official Records at page 134; thence along the north line thereof, north 89° 55' west 128.4 feet, to the northwest corner of said Grover parcel; thence along the west line thereof, south 5° 31' east 92.64 feet, to the eastern prolongation of the south line of PARCEL "A" of Subdivision M.S. 67-72 filed April 20, 1973 in Parcel Map Book 27 at page 31; thence along said prolongation and south line, north 88° 47' 58" west 652.17 feet, to the southwest corner of said Parcel "A"; thence along the southwest line thereof, north 26' 42' 24" west 86.34 feet, to the northeast corner of Page 1 of 4 Pile 3072-15 Boundary Description Lot 4 of Subdivision 4621 recorded September 15, 1981 in Map Book 257 at page 34; thence along the north line of Lot 4 and its western prolongation, north 78° 28' 48" west 164.90 feet, to the centerline of Kulani Lane; thence along said centerline, north 26° 42' 24" west 60 feet, more or less, to the northeastern prolongation of the northwest line of Lot 6 (257 M 34); thence along said prolongation and northwest line, south 63° 17' 36" west 131.65 feet, to the west corner thereof on the boundary of said Subdivision 4621; thence along said boundary, in a general westerly direction 972 feet, more or less, to the north corner of Lot 78 of Subdivision 7243 recorded July 30, 1992 in Map Book. 362 at page 36; thence along the northwest line thereof, south 56° 12' 39" west 117.59 feet, to Golf Links Street cul-de- sac right of way; thence in a straight line crossing said cul-de-sac, southwesterly 85 feet, more or less, to the north corner of Lot 74 (362 M 36); thence south 29° 42' 17" west 45.35 feet to the west corner of said Lot 74; thence in a straight line, westerly 120 feet, more or less, to the east corner of Lot 12 of Subdivision 3114 recorded October 9, 1963 in Map Book 95 at page 33; thence along the north line of Lot 12 and its western prolongation, south 82° 51' 14" west 259.79 feet, to the centerline of Cherry Hills Drive; thence along said centerline and the centerline of Pebble Beach Loop, in a general northwesterly direction 970 feet, more or less, to the northeastern prolongation of the northwest line of Lot 60 (95 M 33); thence along said prolongation and northwest line, south 62° 30' 28" west 145 feet, to an angle point and, south 49° 51' 13" west 89.24 feet, to the west comer thereof; thence along the northeast line of Lots 46, 47, and 48 (95 M 33), north 49' 53' 45" west 297 feet, to the north corner of Lot 48; thence along the northwest line of Lot 48 and its southeastern prolongation, south 44° 34' 24" west 178.16 feet, to the centerline of Pebble Beach Loop; thence along said centerline, northwesterly 90 feet, more or less, to the northeastern prolongation of the northwest line of Lot 35 (95 M 33); thence along said prolongation, northwest line, and southwestern prolongation thereof, south 50° 15' 36" west 206.12 feet, to the centerline of Reliez Valley Road; thence along said centerline, northwesterly 65 feet, more or less, to the northeastern prolongation of the most northern line of Lot 4 of Subdivision 5306 recorded June 24, 1980 in Map Book 241 at page 1; thence along said prolongation and northern line, south 67° 16' 59" west 67 feet, more or less, to the most western corner thereof, thence continuing along the boundary of said Lot 4, in a general southwesterly direction 425.13 feet, to the right of way line of Silverhill Court cul-de-sac, being a non- tangent curve concave to the southeast having a radius of 50 feet; thence along the arc of said curve, southwesterly 83.60 feet, to the most southeastern corner of Lot 8 (241 M 1); thence along the boundary of Lot 8, north 70° 42' 19" west 80 feet and south 53° 00' 06" west 152.33 feet, to the most southern comer thereof; thence in a straight line, southwesterly 280 feet, more or less, to the northeast corner of PARCEL `°B" of Subdivision 7820 recorded June 7, 1994 in Map Book 373 at page 1; thence in a straight line, southwesterly 365 feet, more or less,to the northeast corner of Lot 5 (373 M 1); thence along the east line of Lot 5, south 141 50' west 102.71 feet, to the southeast corner thereof; thence along the south line of Lot 5 and its western prolongation, north 67' 41' 22" west 193.68 feet, to the cul-de-sac center of Julie Highlands Court; thence along the eastern prolongation and north line of Lot 2 (375 M 1), north 88° 31' 12" west 151.57 feet, to the northwest comer thereof; thence along the west line of Lot 2 and its southern prolongation, south 19° 04' 03" west 123.16 feet, to the centerline of Sunrise Ridge Drive; thence along said centerline, in a general westerly direction 130 feet, more or less, to the centerline of Hidden Pond Road; thence along said centerline, in a general northerly direction 145 feet, more or less, to the southeastern prolongation of the north line of Lot 22 (373 M 1); thence along said prolongation and north line of Lots 22, 23, 24, and 25 (373 M 1), in a general northwesterly direction 402.88 feet, to the right of way line of Jennifer Highlands Court; thence in a straight line crossing Jennifer Highlands Court, northwesterly 78 feet, more or less, to the east comer of Lot 30 (373 M 1); thence north 45° 26' 05" west 143.14 feet to the north corner thereof; thence along the north line of Lots 30, 32, 33, and 34 (373 M 1), in a general westerly direction 301.40 feet, to the most northern corner of Lot 34; thence along the northwest line of Lot 34 and its southwestem prolongation, south 54° 13' 10" west 144 feet, to the centerline of Sunrise Ridge Drive; thence along said centerline, in a general northerly direction 145 feet, Page 2 of 4 File 3072-15 Boundary Description more or less, to the eastern prolongati©n of the north line of Lot 26 of Subdivision 7821 recorded October 10, 1994 in Map Book 376 at page 1; thence along said prolongation and north line, south 73° 46' 47" west 126 feet, to an angle point, and north 65° 15' west 68.38 feet, to the northwest corner of Lot 26 on the boundary of PARCEL "B" (376 M 1); thence along said boundary, in a general westerly direction 726.85 feet, to the most western corner of Lot 18 (376 M 1); thence along the northwestern prolongation of the southwest line of Lot 18, north 25° 33' 43" west 26 feet, to the centerline of Sunrise Ridge Drive; thence along said centerline, in a general westerly direction 350 feet, more or less, to the eastern prolongation of the north line of Lot 17 (376 :Ml 1); thence along said prolongation and north line, south 73' 06' 42" west 145.93 feet, to the northwest corner thereof; thence in a straight line, southwesterly 300 feet, more or less, to a point on the most eastern line of J. Richard Townsend et ux parcel of land recorded June 9, 1948 in Volume 1214 of Official Records at page 99; said point bears along said line, north 0° 44' 48" east 440 feet, from its southern terminus; thence along the boundary of said. Townsend parcel, south 0° 44' 48" west 440 feet and south 55° 40' 18" west 350 feet, to an angle point on the boundary of aforementioned Contra Costa County Flood Control District Zone 3-B; thence along the boundary of Zone 3-B, in a general northeasterly direction 13,450 feet, more or less, to a point in Echo Court on the northwestern prolongation of the northeast line of Lot 142 of Subdivision 3556 recorded August 21, 1969 in Map Book 122 at page 27; thence leaving the boundary of Zone 3-B, along said prolongation and northeast line, south 31' 13' 22" east 165 feet, more or less,to the east corner of Lot 142; thence south 83° 31' 30" east 59.95 feet to the west corner of Lot 139 (122 M 27); thence along the northwest line of Lot 139 and its northeastern prolongation, north 54° 48' 51" east 140.66 feet, to the centerline of Stonehedge Drive; thence along said centerline, south 35° 11' 09" east 30 feet, more or less, to the centerline of Trailside Place; thence along the centerline of Trailside Place, north 47° 22' 59" east 450 feet, to the northwestern prolongation of the southwest line of Lot 187 (122 M 27); thence along said prolongation and southwest line, south 46° 12" 11" east 156.04 feet, to the south corner of Lot 187; thence north 59° 13' 01" east 24 feet to the southeast corner thereof, being also the southwest corner of Lot 24 of Subdivision 5132 recorded December 1, 1981 in Map Book 261 at page 7; thence along the south line of Lots 24 and 25 (261 M 7), in a general easterly direction 275.02 feet, to the west corner of Lot 35 (261 M 7); thence along the northwest line thereof and its northeastern prolongation, north 27° 47' 155" east 67.19 feet, to the northeast line of Edward James Gratz et ux Trust PARCEL TWO recorded August 17, 1994 by Recorders Series Number 94-207113; thence along said northeast line, south 55° 43' 48" east 127.01 feet, to the east corner thereof; thence in a straight line crossing Elderwood Drive, southerly 78 feet, more or less, to the north corner of Lot 109 (261 M 7); thence along the boundary of Lot 109, south 47° 41' 35" east 113 feet and south 42° 18' 25" west 85 feet, to the south corner thereof on the boundary of PARCEL B (261 M 7); thence along the boundary of PARCEL B, in a general easterly direction 1,262.55 feet,to the north corner of Lot 90 (261 M 7); thence continuing along the boundary of PARCEL B, in a general southwesterly direction 889.02 feet, to the south corner of Lot 83 (261 M 7), being a point on the boundary of Subdivision 3075 recorded August 25, 1965 in Map Book 107 at page 1; thence along said subdivision boundary, north 67° 18' 24" east 82.14 feet, to the north corner of Lot 55 (107 M 1); thence south 19° 09' 48" east 109.45 feet to the east corner thereof; thence in a straight line crossing Southwind Drive, southeasterly 65 feet, more or less, to the north corner of Lot 78 (107 M 1); thence along the east line of Lots 78 and 73 (107 M 1), south 19° 09' 48" east 210 feet, to the east corner of Lot 73; thence in a straight line crossing F'emwod Drive, southerly 60 feet, more or less,to the west corner of Lot 63 (107 M 1); thence south 19° 09' 48" east 110 feet to the south corner thereof on the boundary of Subdivision 5486 recorded November 16, 1982 in Map Book 267 at page 38; thence along said boundary, north 75' 24' 33" east 50.16 feet and north 70' 50' 12" east 115.45 feet, to the most northern corner thereof, thence continuing along said boundary, in a general southerly direction 698.9 feet, to the southeast corner thereof on the north line of Subdivision 4988 recorded November 13, 1978 in Map Book 219 at page 11; thence south 20' east 300 feet; thence south 40' east 600 feet; thence in a straight line, northeasterly 200 feet, Page 3 of 4 File 3072-15 Boundary Description more or less, to a point on the east line of Subdivision 4988 that bears along said east line, south 3° 01' 05" west 489.21 feet and south 7° 53' 28" east 100 feet, from the northeast corner thereof, thence in a straight line crossing Subdivision 6795 and Paso Nogal, southeasterly 790 feet, more or less, to the most northern corner of Lot A of Subdivision 6830 recorded May 12, 1987 in Map Book. 312 at page 40; thence along the boundary of Lot A, in a general southwesterly direction 484.9 feet, to the most western corner thereof; thence continuing along said boundary, south 44° 52' 08" east 281.88 feet, to the most southern corner thereof; thence continuing along the boundary of Lot A, in a general northeasterly direction 631.48 feet, to another angle point thereon; thence north 74° east 14 feet, more or less, to the centerline of Primrose Drive, being a non-tangent curve concave to the southwest having a radius of 135 feet; thence along the arc of said curve, northerly 95 feet; thence leaving said centerline, north 55' east 6 feet, more or less, to the northeast line of said Lot A; thence continuing north 55° east 450 feet; thence south 35° east 400 feet; thence in a straight line, southerly 350 feet, more or less, to a point on the boundary of PARCEL "A" of Subdivision M.S. 68-26 filed January 22, 1969 in Parcel Map Book 7 at page 15; said point bears along the boundary, in a general southeasterly direction 230 feet, from the most northwestern corner thereof; thence along the boundary, in a general northwesterly direction 230 feet, to said corner; thence continuing along said boundary, south 32° 38' 43" east 269.67 feet, to an angle point thereon; thence leaving said boundary, south 500 feet; thence in a straight line, southeasterly 300 feet, more or less, to a point on the south line of PARCEL "B" (7 PM 15) that bears along said south line, in a general westerly direction 100 feet, from the northwest corner of Subdivision 3358 recorded January 7, 1965 in Map Book 102 at page 10; thence along said south line, in a general easterly direction 100 feet, to said corner; thence along the west line of Subdivision 3358, south 0° 58' 55" west 420.36 feet, to the northwest corner of Lot 16 (102 M 10); thence along the northeast line of Lot 16, south 601, 03' 33" east 140.49 feet, to the cul-de- sac right of way of Chenin Court, being a non-tangent curve concave to the northeast having a radius of 42 feet; thence along the arc of said curve, southeasterly 85.02 feet, to the northwest corner of Lot 18 (102 M 10); thence south 19° 21' 21" west 74.59 feet to the west corner thereof; thence along the southwest line of Lot 18 and its southeastern prolongation, south 57° 43' 48" east 132 feet, more or less, to the centerline of Hannan Drive; thence along said centerline, in a general easterly direction 355 feet, more or less, to the northern prolongation of the west line of Lot 23 of Subdivision 2720 recorded January 27, 1961 in Map Book 81 at page 16; thence along said prolongation and west line, south 0° 18' 30" west 160.93 feet, to the southwest corner of Lot 23; thence along the south line of Lots 23 and 22 (81 M 16), north 85' 08' 58" east 128.41 feet, to the southeast corner of Lot 22; thence along the southeast line thereof and its northeastern prolongation, north 43° 43' 13" east 130.32 feet, to the centerline of Hannan Drive; thence along said centerline, in a general southeasterly direction 146 feet, more or less, to the centerline of Madeira Way; thence in a straight line, southeasterly 30 feet, more or less, to the west corner of Lot 10 (81 M 16); thence along the southwest line of Lot 10, south 40° 39' 56" east 122.25 feet, to the south corner thereof; thence in a straight line crossing Taylor Boulevard, southeasterly 115 feet, more or less, to the west corner of Lot 49 of Subdivision 2690 recorded June 4, 1959 in Map Book. 73 at page 29; thence along the boundary of Lot 49, south 42° 11' 30" east 128.02 feet and north 47° 48' 30" east 72.91 feet, to the west line of Subdivision 6496 recorded October 10, 1985 in Map Book 295 at page 33; thence along said west line, south 0° 18' 30" west 922.74 feet, to the northwest corner of Subdivision 7963 recorded May 16, 1996 in Map Book. 387 at page 5; thence along the west line of Subdivision 7963, south 0° 17' 23" west 1,575.27 feet, to the southwest corner thereof, being a point on the boundary of aforementioned Contra Costa County Flood Control and Water Conservation District Drainage Area 16; thence along said boundary, in a general westerly direction 886.72 feet,to the Point of Beginning. LLu 12-18-01 Page 4 of 4 File 3078-15 EXHIBIT"C" CONTRA COSTA COUNTY FLOOD CONTROL and WA"T"ER CONSERVATION DISTRICT DRAINAGE AREA 78 BOUNDARY DESCRIPTION A portion of Rancho las Juntas and a portion of Rancho Monte del Diablo, Contra Costa County, California, lying entirely within Contra Costa County Flood Control District Zone 3-B (Walnut Creek Watershed) described in the Resolution adopted December 16, 1954 by the Commissioners of Contra Costa County Flood Control and Water Conservation District. Bearings and distances and references to maps, boundary lines, ownerships, and resolutions are to records of Contra Costa County. Beginning at the most northeastern corner of Drainage Area 46 described in EXHIBIT"A" attached to Contra Costa County Resolution 88/25 adopted January 12, 1988; said corner being the intersection of the east line of East Bay Municipal Utility District 100 feet wide right of way and a superseded north right of way line of Monument Boulevard; thence from the Point of Beginning along the boundary of Drainage Area 46, in a general westerly direction 3,477 feet, more or less, to the southwest corner of Evie Rose parcel of land recorded March 31, 1975 in Volume 7466 at page 344; said corner being an angle point on the east line of Contra Costa County Flood Control and Water Conservation District Drainage Area 16 described in EXHIBIT "A" attached to Contra Costa County Resolution 86/278 adopted May 20, 1986; thence along the boundary of said Drainage Area 16, in a general northerly direction 4,820 feet, more or less, to the most northern corner thereof, being also the most western corner of Lot 1001 of Gregory Gardens Unit No. 5 recorded June 23, 1951 in Map Book 40 at page 42; thence along the boundary of Gregory Gardens Unit No. 5 and along the centerline of Grayson Creek, in a general northerly direction 834.61 feet, to the southwest corner of Lot 1 of Grayson Tract recorded August 5, 1952 in Map Book 47 at page 40; thence along the boundary of Grayson Tract, in a general northerly direction 358.27 feet, to the northwest corner thereof, being also the southwest corner of El Rancho Diablo Unit No. 3 recorded March 10, 1952 in Map Book 46 at page 4; thence along the boundary of said Unit No. 3, in a general northerly direction 380.25 feet,to the northwest corner thereof, being also the southwest corner of El Rancho Diablo Unit No. 2 recorded August 31, 1950 in Map Book 41 at page 50; thence along the boundary of said Unit No. 2, in a general northerly direction 820.57 feet, to the northwest corner thereof; thence continuing along said boundary, north 82° 32' 23" east 470.22 feet, to the northeast corner thereof, being also the northwest corner of El Rancho Diablo Unit No. 1 recorded December 13, 1949 in Map Book 38 at page 41; thence along the north line thereof and its eastern prolongation, north 82' 32' 23" east 658 feet, to the centerline of Contra Costa Boulevard (shown as State Highway on said map); thence along said centerline, in a general southerly direction 4,900 feet, more or less, to the western prolongation of the south line of Edwin Thompson et ux parcel of land recorded September 7, 1978 in Volume 9000 of Official Records at page 311; thence along said prolongation and south line, south 89° 025 57"east 180 feet,to the southeast corner thereof on the most western line of Clarence L. Gribbon et ux Trust parcel recorded July 23, 1990 in Book 16000 of Official. Records at page 5; thence along said western line, south 01 56' 52" west 15 feet, to the southwest corner thereof; thence along the south line of said Gribbon parcel, south 89° 02' 57" east 200 feet, to the southwest corner of Subdivision 2001-1 recorded November 14, 1954 in Map Book 53 at page 45;thence along the south line of Subdivision 2001-1, south 89" 02' 57"east 871.41 feet,to the southeast comer thereof; thence along the east line of Subdivision 2001-1, north 20° 15' 03" east 56.79 feet, to the most eastern corner thereof; thence along the southeastern prolongation of the northeast line of Subdivision 2001-1, south 36" 16' 57" east 120 feet, more or less, to the east line of East Bay Municipal Utility District 100 feet wide right of way; thence along said east line, south 20° 15' 03"west 2,750 feet, more or less, to the Point of Beginning. LLH 1219-D1 1 File 3087-15 Boundary Description EXHIBIT "D" CONTRA COSTA COUNTY FLOOD CONTROL and WATER CONSERVATION DISTRICT DRAINAGE AREA 87 BOUNDARY"DESCRIPTION A portion of Rancho las Juntas, Contra Costa County, California, lying entirely within Contra Costa County Flood Control District Zone 3-B (Walnut Creek Watershed) described in the Resolution adopted December 16, 1954 by the Commissioners of Contra Costa County Flood Control and Water Conservation District. Bearings and distances and references to maps, boundary lines, ownerships, acreages, and resolutions are to records of Contra Costa County. Beginning at a point on the boundary of Drainage Area 57 described in EXHIBIT "A" attached to Contra Costa County Resolution 88/580 adopted September 13, 1988; said point being on the centerline of Glacier Drive as it crosses over the centerline of the traveled way of John Muir Parkway State Highway Route 4; thence from the Point of Beginning, along said centerline of John Muir Parkway, in a general easterly direction 700 feet, more or less, to the northwestern prolongation of the northeast line of Subdivision 4068 recorded June 16, 1972 in Map Book 147 at page 21; thence along said prolongation and northeast line, south 26° 28' 22" east 306 feet, more or less, to the centerline of Muir Road, as said road is shown on the map of Subdivision 5579 recorded February 15, 1985 in Map Book 287 at page 37; thence along said centerline, in a general easterly direction 515 feet, more or less, to the northwestern prolongation of the northeast line of Lot 5 (287 M 37); thence along said prolongation and northeast line, south 64" 16' 10" east 170 feet, more or less, to the east corner thereof on the boundary of PARCEL A (287 M 37); thence along said boundary, in a general southeasterly direction 1,230.93 feet, to the north line of Sweetwater Drive; thence along said north line, south 66° 59' 28"east 30 feet, more or less, to the northern prolongation of the west line of PARCEL "D" (287 M 37); thence along said prolongation and west line, south 6° 31' 47" west 110 feet, more or less, to the southwest corner thereof on the boundary of Subdivision 3645 recorded October 2, 1968 in Map Book 124 at page 16; thence along said boundary, north 88° 28' 10" east 70 feet, more or less, to the northeast corner of Lot 52 (124 M 16); thence along the east line of Lot 52, south 1' 31' 50" east 103.08 feet, to the southeast corner thereof; thence in a straight line crossing Pinnacle Drive, southeasterly 56 feet, more or less, to the northeast corner of Lot 56 (124 M 16); thence along the east line of Lot 56, south 7' 17' 39" east 106.20 feet, to the southeast corner thereof; thence along the south line of Lots 56 and 57 (124 M 16), south 82' 45' 10" west 81.64 feet, to the northeast corner of Lot 60 (124 M 16); thence along the east line thereof, south 13° 47' 43" east 53.89 feet, to the southeast corner of Lot 60; thence along the southeast line thereof and its southwestern prolongation, south 61' 30' west 145.95 feet, to the centerline of Arcadia Place; thence along said centerline, in a general southeasterly direction 745.41 feet,to the centerline of Platt Drive; thence along the centerline of Platt Drive, north 65° 33' 56" east 35 feet, to the northwestern prolongation of the southwest line of Lot 108 (124 M 16); thence along said prolongation and southwest line, south 24° 26' 04" east 135 feet, to the south corner thereof; thence along the southeast line of Lot 108, north 65° 33' 56" east 69.31 feet, to the east corner thereof; thence in a straight line crossing Contra Costa Canal right of way, southeasterly 170 feet, more or less, to the northwest corner of Lewis H. Mengle Parcel Two recorded December 19, 1980 in Volume 10138 of Official Records at page 278; thence along the boundary thereof, north 41' 51' 07" east 117 feet and south 28° 05' 09" west 71.72 feet, to the most western corner of Lot 15 of Subdivision 3505 recorded July 28, 1971 in 'slap Book 138 at page 48; thence along the southwest line of Lot 15 and its southeastern prolongation, south 611 54' 51" east 45 feet, to the cul-de-sac center of Gardenia Court; Page I of 4 File 3087-15 Boundary Description thence along the centerline of Gardenia Court, in a general southerly direction 353.71 feet, to the centerline of Center Avenue; thence along the centerline of Center Avenue, in a general easterly direction: 870 feet, more or less, to the centerline of Flame Drive; thence along the centerline of Flame Drive, south 2° 48' 20" west 130 feet, more or less, to the western prolongation of the north line of PARCEL "B" of Subdivision M.S. 298-72 filed January 3, 1974 in Parcel Map Book 31 at page 49; thence along said prolongation and north line, north 89° east 109.45 feet, to the northeast corner thereof on the boundary of Subdivision 6482 recorded January 17, 1985 in Map Book 286 at page 49; thence along said boundary, south 00 15' 06" west 158.71 feet and north 85° 55' 06" east 462.25 feet, to the southeast corner thereof; thence continuing north 85° 55" 06" east 20 feet, more or less, to the centerline of Elder Drive; thence along said centerline, south 7° 07' 23" east 14 feet, more or less, to the western prolongation of the north line of Lot 23 of Subdivision 7840 recorded April 26, 1994 in Map Book 371 at page 48; thence along said prolongation and north line, north 82° 52' 37" east 111.05 feet, to the northeast corner thereof; thence along the east line of Lots 23 thru 34 (371 M 48), in a general southerly direction 433.24 feet, to the southeast corner of Lot 34; thence south 7° 10' 32" east 30 feet to the centerline of Second Avenue; thence along said centerline, north 82° 49' 28" east 117 feet, more or less, to the centerline of Camelback Road as shown on the map of Subdivision 5250 recorded November 13, 1978 in Map Book 219 at page 19; thence along the centerline of Camelback Road, in a general southerly direction 135 feet, more or less, to the western prolongation of the north line of Lot 2 (219 M 19); thence along said prolongation and north line, north 82° 49' 28" east 111.36 feet, to the northeast corner thereof; thence along the east line of Lot 2, south 11° 51' 32" east 104.84 feet, to the southeast corner thereof on the south line of said Subdivision 5250; thence along said south line and its eastern prolongation, north 82° 49' 28" east 346.38 feet, to the centerline of Grayson Creek, being also the most western line of the Record of Survey recorded September 14, 1982 in Licensed Surveyor Map Book 71 at page 11; thence along said centerline, being the arc of a curve concave to the east having a radius of 400 feet, southerly 65 feet, more or less, to the northeastern prolongation of the southeast line of Lot 58 of Subdivision 4573 recorded August 30, 1977 in Map Book 202 at page 1; thence along said prolongation and southeast line, south 59° 52' 58" west 177 feet, more or less, to the most southern corner of Lot 58; thence along a radial, south 63° 47' 36" west 45 feet, to the center of Spar Court cul- de-sac; thence north 83° 40' west 20 feet to the centerline terminus of Spar Court; thence along said centerline, south 6° 20' west 96.88 feet, to the eastern prolongation of the north line of Lot 63 (202 M 1); thence along said prolongation and north line, north 83' 40' west 119 feet, to the northwest corner thereof; thence along the west line of Lot 63, south 6° 20' west 55 feet, to the north line of Lot 65 (202 M 1); thence along said north line, north 83° 40' west 25.5 feet, to the northwest corner thereof; thence along the west line of Lot 65 and its southern prolongation, south 6° 20' west 113.10 feet, to the centerline of Spar Court; thence along said centerline, north 79° 45' west 100 feet, more or less, to the centerline of Camelback Road; thence along the centerline of Camelback Road, in a general southerly direction 21 feet, more or less, to the eastern prolongation of the south line of Lot 46 (202 M 1); thence along said prolongation and south line, north 74° 40' 40" west 118.53 feet, to the southwest corner thereof on the boundary of PARCEL "E" (202 M 1); thence along said boundary, north 19° 19' 23" east 67 feet and south 82° 49' 28" west 510.99 feet, to the northwest corner thereof, thence continuing along said boundary, in a general southwesterly direction 815.59 feet, to the southwest corner thereof; thence along the south line of PARCEL "E" and its eastern prolongation, north 82° 32' 55" east 675.48 feet, to the centerline of Camelback Road; thence along said centerline, in a general southerly direction 135 feet, More or less, to the centerline of Scottsdale Road; thence along the centerline of Scottsdale Road, in a general westerly direction 600 feet, more or less, to the boundary of Subdivision 4277 recorded August 30, 1972 in Map Book 150 at page 1; thence along said boundary, north 53° west 165.09 feet, north 88' 53' 42" west 55.27 feet, and south 1' 06' 18" west 561.81 feet, to the centerline of Chilpancingo Parkway (shown as Concord Avenue on said map); thence along said centerline, in a general westerly Page 2 of 4 Pile 3087-15 Boundary Description direction 525 feet, more or less, to the southwest right of way line of Contra Costa Canal and the boundary of Subdivision 5714 recorded June 23, 1981 in Map Book 254 at page 1; thence along said boundary, south 37° 04' 07" east 103.68 feet, to the southeast corner thereof on the north line of Brian Robert McClellan Parcel 1 recorded August 29, 2000 by Recorders Series Number 00-185852; thence along said north line, south 88° 46' 30" west 40 feet, more or less, to the northwest corner thereof; thence along the west line of said parcel, south 0° 56' 30" west 120.5 feet, to the southwest comer thereof on the boundary of the Record of Survey recorded September 18, 1990 in Licensed Surveyor Map Book 95 at page 27; thence along the northwest line of PRIVATE ROAD 1,95 LSM 27), in a general southwesterly direction 263.48 feet, to an angle point thereon at the northern terminus of the course shown as N 16° 30' 00" W 10.00' (95 LSM 27) and is also the southeast comer of Contra Costa Golf Club Lot 40; thence in a straight line, southwesterly 1,070 feet, more or less, to the east corner of Assessor Parcel Number 154-150-018 being a 2.67 acre portion of Contra Costa Golf Club parcel recorded October 21, 1992 in Volume 17953 of Official Records at page 236; thence along the boundary of said portion, south 22° 17' 16" west 350 feet and south 88° 50' 22" west 279. 84 feet, to the most southern comer thereof; thence in a straight line, westerly 40 feet, more or less, to the most eastern coiner of Richard Anthony Shaul et al parcel of land recorded July 30, 1981 in Volume 10428 of Official Records at page 877; thence along the boundary thereof, north 15" 40' west 44.79 feet and north 7° 28' west 4.53 feet, to the southeast corner of Richard Anthony Shaul parcel recorded April 22, 1998 by Recorders Series Number 98-086586; thence north 69° 28' west 147.55 feet to the southwest comer thereof; thence in a straight line, southerly 80.17 feet, to the north corner of Anita Shaul PARCEL ONE recorded September 21, 1983 in Volume 11451 of Official Records at page 394; thence along the west line thereof, south 21' 06' west 50.65 feet, to the west corner of said Anita Shaul parcel; thence in a straight line, southwesterly 300 feet, more or less, to the northeast corner of Robert N. Stephens et ux PARCEL ONE recorded March 15, 1983 in Volume 11163 of Official Records at page 683; thence along the boundary of said Stephens parcel, north 48° 46' 30" west 56 feet and north 64° 38' 30" west 75.18 feet, to the north corner thereof; thence continuing along said boundary, south 8° 11' 30" east 100 feet; thence in a straight line, southwesterly 1,025 feet, more or less, to a point on the boundary of Subdivision 4053 recorded October 28, 1971 in Map Book 141 at page 20; said point bears along said boundary, south 11° 23' 41" east 150 feet, from the northeast corner thereof; thence north 11° 23' 41" west 150 feet to said corner; thence continuing along said boundary, in a general southwesterly direction 679.97 feet, to the most western corner thereof; thence north 65° 38' 06" west 35.88 feet to the centerline of Netherby Drive as shown on the map of Subdivision 4884 recorded June 1, 1977 in Map Book 197 at page 12; thence along said centerline, south 8° 53' 18" east 135.88 feet, to the centerline of Douglas Terrace; thence along the centerline of Douglas Terrace, in a general northwesterly direction 712 feet, more or less, to the southwestern prolongation of the southeast line of Lot 13 (197 M 12); thence along said prolongation and southeast line, north 24° 21' 23" east 144.65 feet, to the east corner thereof on the boundary of said Subdivision 4880; thence along said boundary, north 65° 38' 06" west 154.13 feet and south 80' 33' west 126.37 feet, to the west corner thereof on the south line of Subdivision 6649 recorded May 19, 1987 in Map Book 312 at page 50, thence along said south line and its western prolongation, south 80° 33' 13" west 258.75 feet, more or less, to the centerline of Morello Avenue; thence along said centerline, in a general northerly direction 360 feet, more or less, to the centerline of Ridge View Drive as shown on the map of Subdivision 7069 recorded July 6, 1988 in Map Book 323 at page 22; thence along the centerline of Ridge View Drive, in a general southwesterly direction 270 feet, more or less, to the boundary of Subdivision 4046 recorded April 7, 1971 in Map Book 135 at page 48; thence along said boundary, in a general southwesterly direction 701.73 feet, to the most western corner thereof, being also the northeast corner of Lot 59 of subdivision 3075 recorded August 25, 1965 in Map Book 107 at page 1; thence south 19° 09' 48" east 100 feet to the southeast corner of Lot 59; thence along the south line thereof and its western prolongation, south 70° 50' 12" Page 3 of 4 File 3087-15 Boundary Description west 110 feet, to the centerline of Parkhaven Drive; thence along said centerline, north 19° 09' 48" west 130 feet, to the centerline of Southwind Drive; thence along the centerline of Southwind Drive, south 70° 50' 12" west 125 feet, to the southern prolongation of the east line of Lot 56 (107 M 1); thence along said prolongation and east line, north 19° 09' 48" west 145 feet, to the northeast corner thereof; thence along the north line of Lots 56, 55, and 54 (107 M 1), south 67° 18' 24" west 172.31 feet, to the most southern corner of PARCEL B of Subdivision 5132 recorded December 1, 1981 in Map Book 261 at page 7; thence along the boundary of PARCEL B, in a general northeasterly direction 889.02 feet, to the north corner of Lot 90 (261 M 7); thence continuing along the boundary of PARCEL B, in a general westerly direction 1,262.55 feet, to the south corner of Lot 109 (261 M 7); thence along the boundary of Lot 109, north 42° 18' 25" east 85 feet and north 47° 41' 35" west 113 feet, to the north corner thereof; thence in a straight line crossing Elderwood Drive, northerly 78 feet, more or less, to the northeast corner of Edward James Gratz et ux Trust PARCEL TWO recorded August 17, 1994 by Recorders Series Dumber 94-207113; thence along the northeast line of said PARCEL TWO, north 55° 43' 48" west 127°01 feet, to its western terminus on the southeast line of Lot 25 (261 M 7); thence along said southeast line, south 27* 47' 55" west 67.19 feet, to the south line thereof; thence along the south line of Lots 25 and 24 (261 M 7), in a general westerly direction 275.02 feet, to the southeast corner of Lot 187 of Subdivision 3556 recorded August 21, 1969 in Map Book 122 at page 27; thence south 59° 13' 01" west 24 feet to the south corner of Lot 187; thence along the southwest line thereof and its northwestern} prolongation, north 46° 12' 11" west 156.04 feet, to the cul-de-sac center of Trailside Place; thence along the centerline of Trailside Place, south 47° 22' 59" west 450 feet, to the centerline of Stonehedge Drive; thence along the centerline of Stonehedge Drive, north 35° 1 V 09" west 30 feet, more or less, to the northeastern prolongation of the northwest line of Lot 139 (122 M 27); thence along said prolongation and northwest line, south 54° 48' 51" west 140.66 feet, to the west corner of Lot 139; thence north 83° 31' 30" west 59.95 feet to the east corner of Lot 142 (122 M 27); thence along the northeast line of Lot 142 and its northwestern prolongation, north 31' 13' 22" west 165 feet, more or less, to a point in Echo Court on the boundary of aforementioned Contra Costa County Flood Control District Zone 3-B; thence along the boundary of Zone 3-B, east 56 feet, more or less, to an angle point thereon; thence continuing along said boundary, north 22° 30' east 747.12 feet, south 89° 30' west 924 feet, and north 5° 08' east 284.57 feet, to an angle point thereon at the north corner of Lot 73 of Subdivision 4957 recorded July 27, 1977 in Map Book 200 at page 1; said point being also the most southern corner of aforementioned Drainage Area 57; thence leaving the boundary of Zone 3-B and following the boundary of Drainage Area 57, in a general northeasterly direction 9,326 feet, more or less, to the Point of Beginning. LLH 12-18-01 Page 4 of 4 File 308815 Boundary Description EXHIBIT"Eli CONTRA COSTA COUNTY FLOOD CONTROL and WATER CONSERVATION DISTRICT DRAINAGE AREA 88 BOUNDARY DESCRIPTION A portion of Rancho las Juntas, Contra Costa County, California, lying entirely within Contra Costa County Flood Control District Zone 3-B (Walnut Creek Watershed) described in the Resolution adopted December 16, 1954 by the Commissioners of Contra Costa County Flood Control and Water Conservation District. Bearings and distances and references to snaps, boundary lines, ownerships, and resolutions are to records of Contra Costa County. Beginning at a point on the boundary of Drainage Area 57 described in EXHIBIT "A" attached to Contra Costa County Resolution 88/580 adopted September 13, 1988; said point being on the centerline of Glacier Drive as it crosses over the centerline of the traveled way of John ?Muir Parkway State Highway Route 4; thence from the Point of Beginning, along the boundary of Drainage Area 57, in a general northerly direction 4,410 feet, more or less, to the most northern corner of Subdivision 5960 recorded March 24, 1982 in Map Book 263 at page 16; thence continuing along the boundary of Drainage Area 57, in a general southeasterly direction 2,970 feet, more or less, to the most southeastern corner thereof, being an angle point which bears along said boundary, north 78" 37' 42" east 320 feet, from the centerline or Arnold Drive; thence leaving the boundary of Drainage Area 57, in a straight line, southeasterly 690 feet, more or less, to a point on the southeast line of Lot 2 of Subdivision 6207 recorded December 26, 1986 in .Map Book 310 at page 6; said point bears along said southeast line, north. 24° 27' 25" east 100 feet, from its southern terminus; thence continuing along said straight line, southeasterly 310 feet, more or less, to the centerline of the traveled way of John Muir Parkway State Highway 4; thence along said centerline, in a general northeasterly direction 3,150 feet, more or less, to the centerline of Grayson Creek; thence along the centerline of Grayson Creek, in a general southerly direction 5,800 feet, more or less, to the eastern prolongation of the south line of Subdivision 5250 recorded November 13, 1978 in Map Book 219 at page 19; thence along said prolongation and south line, south 82° 49' 28" west 346.38 feet, to southeast corner of Lot 2 (219 M 19); thence along the east line of Lot 2, north 11° 51' 32"west 104.84 feet, to the northeast corner thereof; thence along the north line of Lot 2 and its western prolongation, south 89° 49' 28" west 111.36 feet, to the centerline of Camelback Roads thence along said centerline, in a general northerly direction 135 feet, more or less, to the centerline of Second Avenue; thence along the centerline of Second Avenue, south 82° 49' 28" west 117 feet, more or less, to the southern prolongation of the east line of Lot 34 of Subdivision 7840 recorded April 26, 1994 in Map Book 371 at page 48; thence along said prolongation, north 7° 10' 32" west 30 feet, to the southeast corner of said Lot 34; thence along the east line of Lots 34 thru 23 (371 M 48) inclusive, in a general northerly direction 433.24 feet, to the northeast corner of Lot 23; thence along the north line of Lot 23 and its western prolongation, south 82° 52' 37" west 111.05 feet, to the centerline of Elder Drive; thence along said centerline, north 7° 07' 23" west 14 feet,more or less, to the eastern prolongation of the south line of Subdivision 6482 recorded January 17, 1985 in Map Book 286 at page 49; thence along said prolongation and south line, south 851, 55' 06" west 482.25 feet, more or less, to the southwest corner of Subdivision 6482; thence along the west line thereof, north 01 15' 06" east 158.71 feet, to the northeast corner of PARCEL "B" of Subdivision M.S. 29872 filed January 3, 1974 in Parcel Map Book 31 at page 49; thence along the north line of PARCEL "B" and its western prolongation, south 89° west 109.45 feet, to the centerline of Flame Drive; thence along said centerline, north 2° 48' 20" east 130 feet, more or less, to the centerline of Center Avenue; thence along the Page 1 of 2 File 3088-15 Boundary Description centerline of Center Avenue, in a general westerly direction 870 feet, more or less, to the centerline of Gardenia Court; thence along the centerline of Gardenia Court, in a general northerly direction 353.71 feet, to its terminus at the cul-de-sac center; thence north 61° 54' 51" west 42 feet, to the most southern corner of Lot 15 of Subdivision 3505 recorded July 28, 1971 in Map Boob 138 at page 48; thence along the boundary of said Lot 15, north 61' 54' 51" west 3 feet and north 28° 05' 09" east 71.72 feet. to the north corner of Lewis H. Mengle Parcel Two recorded. December 19, 1980 in Volume 10138 of Official Records at page 278; thence along the northwest line of said Mengle parcel, south 41° 51' 07" west 117 feet, to the west corner thereof; thence in a straight line crossing Contra Costa Canal right of way, northwesterly 170 feet, more or less, to the east corner of Lot 108 of Subdivision 3645 recorded October 2, 1968 in Map Book 124 at page 16; thence along the southeast line of Lot 108, south 65° 33' 56" west 69.31 feet, to the south corner thereof; thence along the southwest line of Lot 108 and its northwestern prolongation, north 24' 26' 04" west 135 feet, to the centerline of Platt Drive; thence along said centerline, south 65° 33' 56" west 35 feet, to the centerline of Arcadia Place; thence along the centerline of Arcadia Place, in a general northwesterly direction 745.41 feet, to the southwestern prolongation of the southeast line of Lot 60 (124 M 16); thence along said prolongation and southeast line, north 61' 30' east 145.95 feet, to the southeast corner thereof; thence along the east line of Lot 60, north 13° 47' 43" west 53.89 feet, to the northeast corner thereof on the south line of Lot 57 (124 M 16); thence along the south line of Lots 57 and 56 (124 M 16), north 82° 45' 10"east 81.64 feet, to the southeast corner of Lot 56; thence along the east line of Lot 56, north 7° 17' 39" west 106.20 feet, to the northeast corner thereof; thence in a straight line crossing Pinnacle Drive, northwesterly 56 feet, more or less, to the southeast corner of Lot 52 (124 M 16); thence along the east line of Lot 52, north 1° 31' 50" west 103.08 feet, to the northeast corner thereof on the boundary of Subdivision 5579 recorded February 15, 1985 in Map Book 287 at page 37; thence along said boundary, south 88° 28' 10" west 70 feet, more or less, to the southwest corner of PARCEL "D" (287 M 37); thence along the west line of PARCEL "D" and its northern prolongation, north 6' 31' 47" east 110 feet, more or less, to the north line of Sweetwater Drive; thence along said north line, north 66° 59' 28" west 30 feet,more or less, to the most southwestern comer of PARCEL A (287 M 37); thence along the boundary of PARCEL A, in a general northwesterly direction 1,230.93 feet, to the east corner of Lot 5 (287 M 37); thence along the northeast line of Lot 5 and its northwestern prolongation, north 64° 16' 10" west 170 feet, more or less, to the centerline of Muir Road; thence along said centerline, in a general westerly direction 515 feet, more or less, to the northeast line of Subdivision 4068 recorded June 16, 1972 in Map Book 147 at page 21; thence along said northeast line and its northwestern prolongation, north 26° 28' 22" west 306 feet, more or less, to the centerline of the traveled way of John Muir Parkway State Highway Route 4; thence along said centerline, in a general westerly direction 700 feet, more or less, to the Point of Beginning. LLH 12-19-01 Page 2 of 2 File 3089-15 Boundary Description EXHIBIT "F" CONTRA COSTA COUNTY FLOOD CONTROL and WATER CONSERVATION DISTRICT DRAINAGE AREA 89 BOUNDARY DESCRIPTION A portion of Rancho las Juntas, Contra Costa County, California, lying entirely within Contra Costa County Flood Control District Zone 3-B (Walnut Creek Watershed) described in the Resolution adopted December 16, 1954 by the Commissioners of Contra Costa County Flood Control and Wates Conservation District. Bearings and distances and references to maps, boundary lines, ownerships, acreages, and resolutions are to records of Contra Costa County. Beginning on the centerline of Chilpancingo Parkway, formerly Concord Avenue, at the boundary common to Contra Costa Canal and Subdivision 5714 recorded June 23, 1981 in Map Book 254 at page 1; thence along said centerline, in a general easterly direction 525 feet, more or less, to the boundary of Subdivision 4277 recorded August 30, 1972 in Map Book 150 at page 1; thence along said boundary, north l° 06' 18" east 561.81 feet, south 88° 53' 42"east 55.27 feet, and south 53° east 165.09 feet, to the centerline of Scottsdale Road; thence along said centerline, in a general easterly direction 600 feet, more or less, to the centerline of Camelback Road; thence along the centerline of Camelback Road, in a general northerly direction 135 feet, more or less, to the eastern prolongation of the south line of PARCEL "E" of Subdivision 4573 recorded August 30, 1977 in Map Book 202 at page 1; thence along said prolongation and south line, south 82° 32' 55" west 675.48 feet, to the southwest corner of PARCEL "E"; thence continuing along the boundary of PARCEL "E", in a general northeasterly direction 815.59 feet, to the northwest corner thereof; thence continuing along said boundary, north 82° 49' 28" east 510.99 feet and south 19° 19' 23" west 67 feet, to the southwest corner of Lot 46 (202 M 1); thence along the south line of Lot 46 and its eastern prolongation, south 74° 40' 40" east 118.53 feet, to the centerline of Camelback Road; thence along said centerline, in a general northerly direction 21 feet, more or less, to the centerline of Spar Court; thence along the centerline of Spar Court, south 79° 45' east 100 feet, more or less, to the southern prolongation of the west line of Lot 65 (202 M 1); thence along said prolongation and west line, north 6° 20' east 113.10 feet, to the northwest corner thereof; thence along the north line of Lot 65, south 830 40' east 25.5 feet,to the southwest corner of Lot 63 (202 M 1); thence along the west line of Lot 63, north 6' 20' east 55 feet, to the northwest corner thereof; thence along the north line of Lot 63 and its eastern prolongation, south 83° 40' east 119 feet, to the centerline of Spar Court; thence along said centerline, north 6' 20' east 96.88 feet, to its terminus; thence south 83° 40' east 20 feet to the center of Spar Court cul-de-sac; thence along a radial north 63" 47' 36" east 45 feet, to the most southern corner of Lot 58 (202 M I); thence along the southeast line of Lot 58 and its northeastern prolongation, north 59° 52' 58" east 177 feet, more or less, to the centerline of Grayson Creep, as said creek is shown on the Record of Survey recorded September 14, 1982 i Licensed. Surveyor Map Book 71 at page 11;thence along said centerline in a general southerly direction 4,075 feet, more or less, to the south right of way line of Golf Club Road at the northwest corner of Subdivision 2051 recorded October 27, 1954 in Map Book 56 at page 9; thence along the centerline of Grayson Creek, as shown on said map (56 M 9), in a general southerly direction 2,324.05 feet, to the southwest corner of Subdivision 2051, being also the northwest corner of El Rancho Diablo Unit No. 2 recorded August 31, 1950 in Map Book 41 at page 50; thence along the centerline of Grayson Creek and boundary of Unit No. 2, in a general southerly direction 820.57 feet, to the southwest corner of said Unit No. 2, being also the northwest corner of El Rancho Diablo Unit No. 3 recorded March 10, 1952 in Map Pagel of 4 Pile 3089-15 Boundary Description Book 46 at page 4; thence along the centerline of Grayson Creek and boundary of said Unit No. 3, in a general southerly direction 380.25 feet, to the southwest corner of said Unit No. 3, being also the northwest corner of Grayson Tract recorded August 5, 1952 in Map Book 47 at page 40; thence along the centerline of Grayson Creek and boundary of Grayson 'Tract, in a general southerly direction 358.27 feet, to the southwest comer of Lot 1 (47 M 40); thence along the centerline of Grayson Creek and boundary of Gregory Gardens Unit No. 5 recorded June 23, 1951 in Map Book 40 at page 42, in a general southerly direction 834.61 feet, to the most western corner of Lot 1001 (40 M 42), being also an angle point of the southeast line of Lot 1124 of Gregory Gardens Unit No. 7 recorded September 16, 1950 in Map Book 42 at page 9, and being also the most northern corner Contra Costa County Flood Control and Water Conservation District Drainage Area 16 described in EXHIBIT "A" attached to Contra Costa County Resolution 86/278 adopted May 20, 1986; thence along the boundary of said Drainage Area 16, in a general southwesterly direction 6,937.15 feet, to the southwest corner of Subdivision 7963 recorded May 16, 1996 in Map Book 387 at page 5; thence along the west line of Subdivision 7963, north 06 17' 23" east 1,575.27 feet, to the northwest corner thereof, being also the southwest corner of Subdivision 6496 recorded October 10, 1985 in Map Book 295 at page 33; thence along the west line of Subdivision 6496, north 06 18' 30" east 922.74 feet, to the southeast corner of Lot 49 of Subdivision 2690 recorded June 4, 1959 in Map Book 73 at page 29; thence along the boundary of Lot 49, south 476 48' 30" west 72.91 feet and north 426 11' 30" west 128.02 feet, to the west corner thereof; thence in a straight line crossing Taylor Boulevard, northwesterly 115 feet, more or less, to the south corner of Lot 10 of Subdivision 2720 recorded January 27, 1961 in Map Book 81 at page 16; thence along the southwest line of Lot 10, north 406 39' 56"west 122.25 feet, to the west corner thereof; thence in a straight line, northwesterly 30 feet, more or less, to the centerline intersection of Madeira Way and Hannan Drive; thence along the centerline of Hannan Drive, in a general northwesterly direction 146 feet, to the northeastern prolongation of the southeast line of Lot 22 (81 M 16); thence along said prolongation and southeast line, south 436 43' 13" west 130.32 feet, to the southeast corner of Lot 22; thence along the south line of Lots 22 and 23 (81 M 16), south 856 08' 58" west 128.41 feet, to the southwest corner of Lot 23; thence along the west line of Lot 23 and its northern prolongation, north 0° 18' 30" east 160.93 feet, to the centerline of Hannan Drive; thence along said centerline, in a general westerly direction 355 feet, more or less, to the southeastern prolongation of the southwest line of Lot 18 of Subdivision 3358 recorded January 7, 1965 in Map Book. 102 at page 10; thence along said prolongation and southwest line, north 57° 43' 48" west 132 feet, more or less, to the west corner thereof; thence north 196 21' 21" east 74.59 feet to the northwest corner of Lot 18 on the cul-de-sac right of way Chenin Court, being a non-tangent curve concave to the northeast having a radius of 42 feet; thence along the are of said curve, northwesterly 85.02 feet, to the northeast line of Lot 16 (102 M 10); thence along said northeast line, north 606 03' 33" west 140.49 feet, to the northwest corner of Lot 16 on the west line of Subdivision 3358; thence along said west line, north 06 58' 55" east 420.36 feet, to the northwest comer thereof on the south line of PARCEL "B" of Subdivision M.S. 68-26 filed January 22, 1969 in Parcel Map Book 7 at page 15; thence along said south line, in a general westerly direction 100 feet; thence in a straight line, northwesterly 300 feet, more or less, to a point, hereinafter referred to as Point A, which bears, south 500 feet, from an angle point, hereinafter referred to as Point B, on the northeast line of said PARCEL "B"which bears along said northeast line, south 326 38' 43" east 269.67 feet, from the most northwestern corner of PARCEL "A" (7 PM 15); thence from :point A, north 500 feet, to Point B and, north 326 38' 43" west 269.67 feet, to said northwestern corner; thence along the north line of said PARCEL "A", in a general southeasterly direction 230 feet, thence in a straight line, northerly 350 feet, more or less, to a point, hereinafter referred to as Point C, which bears, north. 556 east 450 feet and south 356 east 400 feet, from a point, hereinafter referred to as Point D, on the northeast line of Lot A of Subdivision 6830 recorded May 12, 1987 in Map Book 312 at page 40, which bears, north 55° east 6 feet, more or less, from a point, hereinafter referred to as Point E, on the centerline of Page 2 of 4 File 3089-15 Boundary Description Primrose Lane which bears along said centerline, northerly 95 feet, from a point, hereinafter referred to as Point F, at the intersection of said centerline and the eastern prolongation of the course shown as N 740 00' 00" E 127.04' on the boundary of said Lot A (312 M 40); thence from said Point C, north 35° west 400 feet and south 55° west 450 feet, to said Point D; thence south 55° west 6 feet, more or less, to said Point E on the arc of a non-tangent curve concave to the southwest having a radius of 135 feet; thence along said are, being the centerline of Primrose Lane, southerly 95 feet, to said Point F; thence along said prolongation, south 74" west 14 feet, more or less, to the eastern terminus of said course, N 740 00' 00" E 127.07', on the boundary of Lot A (312 M 40); thence along said boundary, in a general southwesterly direction 631.48 feet, to the most southern corner thereof; thence continuing along said boundary, north 44° 52' 08" west 281.88 feet, to the most western corner thereof; thence continuing along said boundary, in a general northeasterly direction 484.9 feet, to the most northern corner of said Lot A (312 M 40); thence in a straight line crossing Paso Nogal and Subdivision 6795, northwesterly 790 feet, more or less, to a point, hereinafter referred to as Point G, on the boundary common to Subdivision 6795 recorded October 14, 1987 in Map Book 317 at page 14 and Subdivision 4988 recorded November 13, 1978 in Map Book 219 at page 11; said Point G bears along the boundary of Subdivision 4988, south 3' 01' 05" west 489.21 feet and south 7° 53' 28" east 100 feet, from the northeast corner thereof; thence in a straight line, southwesterly 200 feet, more or less, to a point, hereinafter referred to as Point H; said Point H bears, south 20° east 300 feet and south 40° east 600 feet, from the southeast corner of Subdivision 5486 recorded November 16, 1982 in Map Book 267 at page 38; thence from Point H, north 40° west 600 feet and north 20° west 300 feet, to said southeast corner; thence along the boundary of Subdivision 5486, in a general northerly direction 698.9 feet, to the most northern corner thereof; thence continuing along said boundary, south 70° 50' 12" west 115.45 feet and. south 75° 24' 33" west 50.16 feet, to the south corner of Lot 63 of Subdivision 3075 recorded August 25, 1965 in Map Book 107 at page 1; thence north 190 09' 48" west 110 feet to the west corner of Lot 63; thence in a straight line crossing Fernwood .Drive, northerly 60 feet, more or less, to the east corner of Lot 73 (107 M 1); thence along the east line of Lots 73 and 78 (107 M 1), north 19° 09' 48" west 210 feet, to the north corner of Lot 78; thence in a straight line crossing Southwind Drive, northwesterly 65 feet, more or less, to the southwest corner of Lot 56 (107 M 1); thence Tong the boundary of Lot 56, north 19° 09' 48" west 109.45 feet and north 670 18' 24" east 90.17 feet, to the northeast corner thereof. thence along the east line of Lot 56 and its southern prolongation, south 19° 09' 48" east 145 feet, to the centerline of Southwind Drive; thence along said centerline, north 70° 50' 12" east 125 feet, to the centerline of Parkhaven Drive; thence along the centerline of Parkhaven Drive, south 19' 09' 48" east 130 feet, to the western prolongation of the south line of Lot 59 (107 M 1); thence along said prolongation and south line, north 70° 50' 12" east 110 feet, to the southeast comer of Lot 59; thence along the east line of Lot 59, north 19° 09' 48" west 100 feet, to the northeast corner thereof, being also the west corner of Subdivision 4046 recorded April 7, 1971 in Map Book 135 at page 48; thence along the boundary of Subdivision 4046 in a general northeasterly direction 701,73 feet, to the centerline of Ridge View Drive; thence along said centerline, in a general northeasterly direction 270 feet, more or less, to the centerline of Morello Avenue as shown on the map of Subdivision 7069 recorded July 6, 1988 in Map Book 323 at page 22; thence along the centerline of Morello Avenue, in a general southerly direction 360 feet, more or less, to the western prolongation of the south line of Subdivision 6649 recorded May 19, 1987 in Map Book 312 at page 50; thence along said prolongation and south line, north 80° 33' 13" east 258.75 feet, to the west corner of Subdivision 4880 recorded June 1, 1977 in Map .Boole 197 at page 12; thence along the boundary of Subdivision 4880,north 80' 33' east 126.37 feet and south 65° 38' 06" east 154.13 feet, to the east comer of Lot 13 (197 M 12); thence along the southeast line of Lot 13 and its southwestern prolongation, south 24° 21' 23"west 144.65 feet, to the centerline of Douglas Terrace; thence along said centerline, in a general southeasterly direction 712 feet, more or less, to the centerline ofNetherby Drive, thence along the centerline ofNetherby Drive, north 8° 53' 18" west Page 3 of 4 File 3089-15 Boundary Description 135.88 feet, to the eastern prolongation of the north line of Subdivision 4880; thence along said prolongation, south 65' 38' 06"east 35.88 feet,to the most western corner of Subdivision 4053 recorded October 28, 1971 in Map Book 141 at page 20; thence along the boundary of Subdivision 4053, in a general northeasterly direction 679.97 feet, to the northeast corner thereof; thence continuing along the boundary of Subdivision 4053, south 11° 23' 41" east 150 feet; thence in a straight line, northeasterly 1,025 feet, more or less, to a point, hereinafter referred to as Point J, on the boundary of Robert N. Stephens et ux PARCEL ONE recorded March 15, 1983 in Volume 11163 of Official Records at page 683; Point J is further described as bearing, south 8' 1 l' 30" east 100 feet, from the north corner of said Stephens PARCEL ONE; thence from Point 3, north 8° 11' 30" west 100 feet, to said north corner; thence continuing along the boundary of said Stephens PARCEL ONE, south 64° 38' 30" east 75.18 feet and south 48° 46' 30" east 56 feet, to the northeast corner thereof; thence in a straight line, northeasterly 300 feet, more or less, to the west corner of Anita Shaul PARCEL ONE recorded. September 21, 1983 in Volume 11451 of Official Records at page 394; thence along the west line of said Anita Shaul PARCEL ONE, north 22° 01' 30" east 50.65 feet, to the north comer thereof; thence in a straight line, northerly 80.17 feet, to the southwest corner of Richard Anthony Shaul parcel recorded April 22, 1998 by Recorders Series Number 98-086586; thence south 69° 28" east 147.55 feet to the southeast comer thereof, being also the northeast comer of Richard Anthony Shaul et al parcel of land. recorded July 30, 1981 in Volume 10428 of Official Records at page 877; thence along the boundary of said Shaul parcel (10428 O.R. 877), south 7° 28' east 4.53 feet and south 15° 40' east 44.79 feet, to the most eastern comer thereof; thence in a straight line, easterly 40 feet, more or less, to the most southern comer of Assessor Parcel Number 154-150-018 being a 2.67 acre portion of Contra Costa Golf Club parcel recorded October 21, 1992 in Volume 17953 of Official Records at page 236; thence along the boundary of said portion, north 88° 50' 22" east 279.84 feet and north 22' 17' 16" east 350 feet, to the east corner thereof; thence in a straight line, northeasterly 1,070 feet, more or less, to an angle point on the northwest line of PRIVATE ROAD shown on the Record of Survey recorded September 18, 1990 in Licensed Surveyor Map Book 95 at page 27; said angle point being the northern terminus of the course shown. as N 16° 30' 00" W 10.00' (95 LSM 27); thence along the northwest line of said PRIVATE ROAD, in a general northeasterly direction 263.48 feet, to the southwest corner of Brian Robert McClellan Parcel 1 recorded August 29, 2000 by Records Series Number 00-185852; thence along the west line of said Parcel 1, north 0° 56' 30" east 120.5 feet, to the northwest comer thereof; thence along the north line of said parcel, north 88° 46' 30" east 40 feet, more or less, to the southeast corner of Subdivision 5714 recorded June 23, 1981 in Map Book 254 at page 1; thence along the northeast line of Subdivision 5714, being also the southwest right of way line of Contra Costa Canal, north 37° 04' 07" west 103.68 feet,to the Point of Beginning. I.x 1-30-02 Page 4 of 4 PROOF OF PUBLICATION (2015.5 C.C.P.) LRIAt.NOTI E Contra Ccsia County STATE OF CALIFORNIA WaterCons Conservation District County of Contra Costa NOTICE OF PUBLIC HEARING 1 am a citizen of the United States and a resident of the The Board of Supervisors County aforesaid; i am over the are of eighteen years, and as the rd of S Body of not a party to or interested in the above-entitled matter. Fiona Contra os wets It am the Principal Legal Clerk of the Contra Costa Times, a Conservation t 2=tarp DDECEMBER newspaper of general circulation, printed and published at 3, 2002, Administration Building, 651 Pine Street, 2640 Shadelands Drive in the City of Walnut Creek, County Martinez,California 94553, of Contra Costa,94598. Kase the t na and olace for a 72�78 Drainage 7,88 andr89 an2d And which newspaper has been adjudged a newspaper of the adoption of a drain, e general circulation by the Superior Court of the County of fee ordinance for said Contra Costa,State of California, under the date of October drainage areas under the roNsions of the Flood 22, 1934.Case Number 19764. ontrol and Water Conser- vation District Act. The notice; of which the annexed is a printed copy (set in The drainage fee ordinance type not smaller than nonpareil), has been published in each will be the same as the regular and entire issue of said newspaper and not in any drain ge a�E�sn via?oh r suppiement thereof on the following dates,to-wit: $0.49 per square foot of impervious surface.Most of the drainage faGiitias in NoVemcer 1,8 Drainage, 8, nd 89 have al2re dy been constructed, so the all in the year of 2032 fees will help ml4gate re- gglonai costs,n the Grayson Creek Watershed by Im- I Certify is proving Drainage Area 46.The proposed drainage fee declare] under penalty of perjury that the foregoing ES true and Correct. ordinance and Engineer's Report are on file and avail- Executed at Walnut Creek,California. abfa for inspection at the �..` Flood Control and Water On this 8 pty of November,/=2 / conservation District Of- fice, 255 Glacier Drive, Martinez,California,94553; or at the office of the Clark 1..,wl. ..: ................. nfthe Board atSupervisors. SirnatLir@i At the public hearin the! Board will consider alwrit-I ten and oral comments on i Contra Costa Times the proposed action, and P C Box 4147 either approve the pro- Walnut Creek,CA 94596 posed amino,continue the proceedings, or abandon (925)935-2525 the proposed action. Published in accordance Proof of Publication of: with71on onto. (attached is a copy of the legal advertisement that published) bar 2 20112. Legal bCT 6252 Publish November 1, 8, 2002 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BOGY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Adopted this Resolution on October 22, 2002, by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAUZ.NIER, GLOVER and GIOIA NOES: N,-ONE ABSENT: NL ONT ABSTAIN= voNE RESOLUTION NO. 20021672 (West's Water Code App. Ch. 63, Sec, 12.2 and 12.3) SUBJECT: Notification of Hearing to Consider Repeal of Drainage Fee Ordinance Nos, 86155, 83160. and 88/06 and adoption of a new drainage fee ordinance for Drainage Area_16, 44B, and 46. Pleasant Hill, Walnut Creek , and Lafayette area. Project No.s 7583-6D8211, 7547-6D8214, and 7578-6D8215 respectively. The Board of Supervisors of Contra Costa County, as the Governing Body of the Contra Costa County Flood Control and Water Conservation, District, RESOLVES THAT: The Contra Costa County Flood Control and Water Conservation District Act, hereinafter referred to as Act, provides authority for the filing of supplementary, amendatory and additional engineer's reports and for the adoption of drainage fee ordinances. originator: Pubic Works Department(FCE) Contact Person:Kevin Em€gh(313-2233) G:\GrpData\F€dCt,'Mdmin€st-abon\Board orders\2002 Bo\Bo 10-22-02 DA16 NOH.doc cc: County Administrator Dave Lennon Community Jeveiopment Hoffman Company Building inspection P.0.Bax 907 County Counsel Concord,Ca 84522 County Assessor I hereby certify this s a true ancorrect copy County Treasurer e Tax Collector Albert Seeno �'that id of an�� County Auditor-Controller Albert Seeno Company action taken and entered on the minutes of the Board of Chief Engineer 4021 Port Chicago Highway Supervisors on the date shown. Accounting Concord,CA 94524-4113 Design-Environmental Engineering Services .teff Lawrence October �� ���� Braddock&Logan ATTESTER: , Building Industry Association 4155 Blackhawk Piz Cir.#201 P.O.Box 5160 Danville, GA 94506-4613 San Ramon,CA 54583 JOHNN SWEF.fEN,Clerk of the Board of Supervisors and County Ad=istrator Steve Abbs Heidi L.Friesen Davidon Homes Hoffman Land Development $ 1600 South Main Sheet,Suite#150 1380 Galaxy Way Y V.4 Walnut Creek,CA 94556 Concord,CA 94522 D7111 - Paramount Homes 2108 Grant Street Dave Doter Concord. CA 94520 A.D.Seeno Construction Co P.o.Box 4113 Concord,CA 94524-4113 Resolution 2002/672 SUBJECT: Notification of Hearing for Repeal of Drainage l=ee ordinance Nos. $6/55, 83/60, and $8/06 Adoption of Drainage Fee ordinance for Drainage Areas 16,44B., and 46 CRATE: October 22,2002 PAGE: 2 This Board has before it for consideration of adoption for Drainage Areas 16,448,and 46 proposed new drainage fee ordinance providing for payment of the increased cost of the facilities described in said drainage plan and the Engineer's Report. This Board also has before it the engineer's report, entitled "Updating Drainage Fee Ordinances for drainage Areas 16.448,and 46"which contains an updated estimate of the cost of the facilities to be borne by property owners in the drainage area and the environmental documents prepared for the proposed actions. Said documents are on file with, and may be examined at, the office of the Clerk of the Board of Supervisors, Administration Building, Martinez, California. It is proposed that the existing drainage fee Ordinance Nos. 86/55. 83/60, and 88/06 be repealed and that the proposed drainage fee ordinance be adopted. At 9:30 a.m. on December 3, 2002, in the Chambers of the Board of Supervisors, Administration Building, Martinez, California,this Board will conduct a public hearing on the proposed repeal of the existing drainage fee ordinance and adoption of the new drainage fee ordinance.At said hearing this Board will consider and will hear and pass upon any and all written or oral objections to the proposed action. Upon conclusion of the hearing, the Board may abandon the proposed plan amendment, repeal of the existing drainage fee ordinance and adoption of a new drainage fee ordinance 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 Contra Costa Times, a newspaper of general circulation, circulated in Drainage Area 16, 448, and 46. 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 Pleasant Hill, Walnut Creek, and Lafayette. The Clerk of this Board is DIRECTED to forward to the governing body of said cities a copy of this Resolution at least twenty(20)days before the above noted hearing. The Clerk of the Board is further DIRECTED to mail a copy of the Notice of Public Hearing to any interested party who has filed a written request for mailed notice with the Clerk of the Board or with the District, as provided by Government Code Sections 54986(x) and 66016(a). Said mailing shall be performed at least fourteen (14)days prior to the hearing. Resolution 2002/672 PROOF OF PUBLICATION (2015.5 C.C.P.) LEGAL NOT! er- Contra Costa County STATE OF CALIFORNIA FloodAndOntroP County of Contra Costa Water conservation District NOTICE OF i am a citizen of the United States and a resident of the PUBLIO HEARING County aforesaid; I am over the age of eighteen years, and The Board of supervisors not a party to or interested in the above-entitled matter, as the Goveminp So dy ob the Contra Cosa Country Flood Control and Water € am the Principal Legal Clerk of the Contra Costa Times, a conservation District has set 9:30 AM ON DEbEM- newspaper o: genera: circulation, printed and published at BER 3 2002, Adminlstra- 2640 Shade:ands Drive in the City of Walnut Creek, County tion dullding, est Rine of Contra Costa,94596. street, Martinez,CaIlfcmia 94553, as the time and ptada for a hearing on the Or- And which newspaper has been adjudged a newspaper of repeal a Drainage Fee 55, # 9dEnanca Nov. ae-€5,, general circulation by the Superior Court of the County of es-60 AND 8s 06,and the! Contra Costa, State of California, under the date of October adoption of new drama a 22, 1934.Case Number',9764. AGE AREAS 18,E 448,AND 46 under the provisions of the Flood Control District The notice, of which the annexed is a printed copy (set in Act. type not smaller than nonpareil), has been published in each The new dre nage tae ordly rRgular and entire issue of said newspaper and not in any nances will Increase the fee, supplement thereof on the following dates,to-wit: In ordar to finance the completion of the drainage. facilities on the adopted November t,8 drainage area plans and update the costs to current all in the year of 2002 prices as follows. Drainage Area Existing Fee per unit Area Proposecl Fee per Square I certify (or declare) under penalty of perjury that the Foot foregoing is true and correct. 15 K0.211sq.ft. Executed at Walnut Creek iifornia. 448 On this 8 day of Novemlogr, 2002 f 397o0/acre s 46.38/sq.ft. /..P421. / 4 ;........J... .. , The now Signat Ire! nanCeB CO talgle a spa al- graph that authorizes an­ Constr44Costa Times Huai fee updates using the P O Box 4147 engineering News Record OonstrMion Cost index. Walnut Creek,CA 94596 (225 9352525 The proposed drainage fee � ) ordinances, engineers r;- tao and a plan showing Proof of Pub€icabon of: he location of each drain + agge area afore on Elle and: (attached is a copy of the legal advertisement that published) Inspection at l 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 pubilo heen , the Board will consider ail writ- ten and oral comments on the proposed action, and either approve the pro- posed ro- pprroceedings'or abandon the pproposed action. Published In accordance Min Pasclution No. 2C 02/672 ppassed on Octo- bePtir 22 20D2. Le of QCT 6284 t2ish November 1, 8, CONTRA COSTA COUNTY FOOD CONTROL AND WATER CONSERVATION DISTRICT ENGINEER'S REPORT FOR UPDATING DRAINAGE FEE ORDINANCES FOR DRAINAGE AREAS 16, 44E AND 46 Prepared by Engineering Staff Contra Costa County Flood Control and Water Conservation District 255 Glacier Dr. Martinez, California 94553 May 2002 Engineer's Report Drainage Areas 16, 44B and 46 May 2002 Page °I I RECOMMENDATION It is recommended that: A The existing Drainage Fee Ordinance Nos. 66/55, 83/60, and 88/06 for Drainage Areas 16, 44B, and 46 be repealed. B New drainage fee ordinances, updated to reflect the cost increases due to inflation and the cost of Regional Drainage Improvements in the Grayson Creek Watershed for Drainage Areas 16, 44B, and 46, be adopted in the amounts per square feet of impervious area indicated below. Drainage Area Existing Fee per Unit Proposed Fee per Area ! Square Foot 16 $0.21/square foot $0.80 44B $13,700/acre $0.67 46 $0.38/square foot $0.51 II DRAINAGE AREA LOCATIONS AND DESCRIPTIONS Drainage Areas 16, 44B and 46 are located in Central Contra Costa County within the spheres of influence of the cities of Pleasant Hill, Walnut Creek, Lafayette, and the unincorporated areas of Contra Costa County. DRAINAGE AREA 16 Location and Description: Drainage Area 16 is located in the western Pleasant dill area. The boundaries are shown on drawing FD-12473, entitled "Drainage Area 16, Boundary Map and Drainage Plan.' Boundaries generally follow watershed lines embracing an area extending from the west fork of Grayson Creek on the north to a ridge in the vicinity of Boyd Road on the south, and from the east fork of Grayson Creek on the east to a ridge west of Taylor Boulevard on the west. All of the drainage Engineer's Report Drainage Areas 16, 44B and 46 May 2002 Page 2 area, except for a small portion west of Taylor Boulevard, lies within the corporate city limits of Pleasant Hill. Drainage Area 16 contains approximately 675 acres. The northeastern portion of the area is relatively flat while the rest of the area consists of rolling twills. Nearly 95 percent of the area is contained within the limits of the City of Pleasant Hill. Land use in the area is predominately single family residential. Some commercial land use is evident along Pleasant Hill Road. Most of the area has been developed and adequate drainage lines are mostly in place. Any new development or re-development tends toward multi-family residential land use. DRAINAGE AREA 44B Location and Description: Drainage Area 44B is located in the Walden Area and includes portions of the Cities of Walnut Creek and Pleasant Hill in addition to unincorporated County areas. The specific location is shown on Contra Costa County Flood Control and Water Conservation District drawings No. FD-12009.1 and No. FD-12010.1. The watershed area comprises 603 acres. The land is mainly flat except for the embankments which accommodate Freeway 680 and the BART tracks. The area is heavily urbanized with residential and commercial development. DRAINAGE AREA 46 Location and Description: Drainage Area 46 is located in the Pleasant Hill area, bounded approximately by the Interstate 680 freeway on the east, Reliez Valley Road on the west, Boyd Road and its imaginary westerly extension on the north, and along the ridge line on the south extending from the intersection of Taylor Boulevard and Reliez Valley Road to 1-680. The specific location is shown on Contra Costa County Flood Control and Water Conservation District drawing No. FD-12555. Drainage Area 46 approximately follows the boundaries of the watershed which drains toward the upstream, improved portion of the East Fork of Grayson Creek Engineer's Report Drainage Areas 16, 44B and 46 May 2002 Page 3 (the west fork of Grayson Creek drains into another watershed). The area comprises approximately 5.5 square miles. A small portion of the watershed is located within the City of Lafayette. The remainder of the area is within the cities of Walnut Creek and Pleasant Hill and in the unincorporated area of the County, in approximately equal proportions. The area rises from east to west. In about equal parts, the slope changes from mild to medium to severely steep. A large portion of the area on the mild and medium slopes has been developed. Residential development is in progress where possible in the steep areas. Along the easterly boundary of the watershed residential development consists mostly of homes constructed around 1950. Some of the areas in which the older homes are located are likely to be redeveloped for commercial and/or multiple residential uses. A more detailed description of each drainage plan and boundary is available by reviewing the following Flood Control District drawings at 255 Glacier Drive, Martinez: Drainage Area Drawing No. Adapted 16 FD-92473 June 1968 44B FD-12009.1 and May 1987 FD-12010.1 46 FD-12555 May 1987 I III REASONS FOR CHANGE IN PLAN AND DRAINAGE FEE The change in fee amount is due to higher costs caused by inflation and the inclusion of Grayson Creek mitigation regional costs for those drainage areas draining to Grayson Creek. Engineer's Report Drainage Areas 16, 44B and 46 May 2602 Page 4 The three drainage areas were adopted at different times. Each area has an engineer's cost estimate which was calculated when the area plans were last updated. This report proposes to update each estimate to 2002 casts using the Construction Cast Index published in the Engineering News Record. A copy of the last estimate of cost for Drainage Areas 46 and 44B are contained in Appendices A and B to this report. Drainage Area 46 The drainage fee for Drainage Area 46 is being increased from $0.38 to $0.51 per square foot of impervious surface to compensate for inflation. This drainage area is the basis for the proposed Grayson Creek regional fee. The majority of improvements needed in the Grayson Creek Watershed are located in Drainage Area 46. The proposed drainage facilities for Drainage Area 46 will reduce the flow into Grayson Creek and therefore benefit the downstream drainage areas. Based on the estimated remaining impervious surface area to be created, the proposed fee will generate only a fraction of the estimated project cost. Drainage Area 16 Currently, the drainage fee for Drainage Area 16 is $0.21 per square foot of impervious surface. When updated for inflation using the Engineering News Record Construction Cost Index, the fee becomes $0.29 per square foot of impervious surface. These funds are needed to help construct proposed improvements within Drainage Area 16. All flows from this drainage area flow to Grayson Creek, so it is recommended that the updated Drainage Area 16 fee also include money for the Grayson Creek Regional Improvement Plan. The fees will mitigate regional costs in the Grayson Creek Watershed by improving drainage facilities in the watershed. The majority of improvements needed in the Grayson Creek Watershed are located in Drainage Area 46. Therefore, the total fee will include the existing fee for Drainage Area 16 and the updated fee for Drainage Area 46. This new fee will be $0.80 per square foot of impervious surface. Please see Table A for the adjustment process. Engineer's Report Drainage Areas 16, 44B and 46 May 2002 Wage 5 Drainage Area 44B The drainage fee for Drainage Area 44B is currently $13,700 per acre. This fee was converted to $0.44 per square foot of impervious surface based on the undeveloped land in the drainage area with unpaid drainage fees and potential redevelopment land. This fee takes into account the updatedproject costs for flood control facilities that still need to be constructed in Drainage Area 44B. The $0.44 drainage fee reflects the updated project costs for inflation using the Engineering News Record Construction Cost Index. These funds are needed to help build proposed improvements within Drainage Area 44B. The portion of Drainage Area 44B draining to the Grayson Creek Watershed was calculated using the ratio of capacities of flood control facilities in Drainage Area 44B that drained to the Grayson Creek Watershed versus the Walnut Creek Watershed. Based on this calculation, approximately 45% of this drainage area flows toward the Grayson Creek Watershed, so it is recommended that the updated Drainage Area 44B fee also include a proportional amount of money for the Grayson Creek Regional Improvement Plan. The fees will mitigate regional costs in the Grayson Creek Watershed by improving drainage facilities in the upper end of the watershed. The majority of improvements needed in the Grayson Creek Watershed are located in Drainage Area 46. Therefore, the total fee will include the updated fee for Drainage Area 44B and 45% of the updated fee for Drainage Area 46. This new fee will be $0.67 per square foot of impervious surface. Please see Table A for the adjustment process. Table A below shows the adjustment process. The amount of inflation indicated by the Construction Cost Index was then adjusted to reflect any inflation markup in the existing fee amounts for each area, borrowed funds, and contributions to Grayson Creek Mitigation Improvements. The footnotes to the table indicate the adjustments made. Engineer's Report Drainage Areas 16, 44B and 46 May 2002 Page 6 TABLE A — FEE ADJUSTMENT PROCESS Drainage; Current Fee Cost Basis ;Construction Updated Proposed Area ($/Unit area) Date for Index Adj. Fee New Fee Current Fee ($/SF) ($/SF) 16 $0.211SF 1986 1.39 0.29 0.80' 44B $13,700/ac 1983 1.49 0.44 0.67 46 $0.38/SF 1987 I 1.34 0.51 0.51 Notes: (1) Fee includes a regional fee of $0.51 per square foot of impervious surface based on the updated fee for Drainage Area 46. This portion of the Drainage Area 16 fee will be used for the Grayson Creek Regional Improvement Plan. All of Drainage Area 16 drains to the Grayson Creek Watershed, (2) Fee was converted from $/acre to $/square foot of impervious surface area based on planned projects in DA 44B, as well as land that is currently undeveloped or estimated to be redeveloped in the drainage area and has not paid drainage fees. (3) Fee includes a regional fee of $0.23 per square foot of impervious surface based on the updated fee for Drainage Area 46. This portion of the Drainage Area 44B fee will be used for the Grayson Creek Regional Improvement Plan. Approximately 45% of Drainage Area 44B drains to the Grayson Creek Watershed, so 45% of the $0.51 Drainage Area 46 fee was used. IV 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. Engineer's Report Drainage Areas 16, 44B and 46 May 2002 Page 7 V CALIFORNIA ENVIRONMENTAL QUALITY ACT The proposed action of adapting new drainage fee ordinances for Drainage Areas 16, 44B and 46 does not constitute a project under California Environmental Quality Act pursuant to Article 5; Section 1506 (b)(3) of the Act's guidelines and these activities are not a project as defines! in Section 20, 15373(b)(4) of the CEQA Guidelines. Attached to this report is CP No. 01-36, "Determination that an Activity is Exempt from the California Environmental Quality Act (CEQA)." AKRC.cid GAGrpDataTIdCtlircanapa\DA 16,44B, and 46 Updates\Engineer`s Report_verldoc 9/26/2002 APPENDIX A - DRAINAGE AREA 46 COST ESTIMATE (2002 price) Item Quantity Units Unit Price Amount Total Amount Green Hills Basin #1 Outlet Structure 1 EA $13,358 -$13,400 Chain Link Fence 2,670 LF $13 $35,700 Sub Total Green Hills Basin #1 $49,100 Brookwood Basin #2 Outlet Structure 1 EA $26,716 $26,700 Inlet Structure 1 EA $26,716 $26,700 Emergency Spillway 1EA $6,813 - $6,800: ------- Fencing 2,280, LF $20 $45,700, Excavation 16,014 CY $13 $213;900i: _ I _ _ - -- _-�- - _ ---- ---- - Berm 8,519 CY $5 $4$,500 -- Landscaping 2.70 AC $50,760 $137,100! Sub Total Brookwood Basin #2 $502,400 Pleasant Hill High School #3 Inlet/Out Box - 1 EA i- --$40,074 $40,100 Outlet Structure 1 EA $13,358 $13,400 - Emergency Spillway 1 EA $31,792 $31;800 - Fencing 2,200 LF $20 $44,100 ---- -- Excavation 185,500 CY $13 $2,477,900 - Sub Total Pleasant Hill High School -_- _ #3 $2,607,3003 Bypass Pipelines at Oak Park �- Boulevard - Lune B -- - Special Manholes --- 7 EA $9,351 $65,500 96" RCP 1,000 LF $347 $347,300 84" RCP _ 2,468 LF -$307 $75 ,300 72" RCP --_- 1,000 LF ---V-67 $267,200 -- Weir Structure _ 1 EA -$33,395 -$33,400 Sub Total Line B - $1,471,700 Bypass Pipelines at Eccleston -- - --___ enue - Line C Sveciall Manholes 4' - 1--- p EA $9,351 $37,400. - 96" ICP - --- 820 T LF $347 $284,800 84" RCP 812 LF $307 $249,5_00 72" RCP - 2571 LF -__ $267 $68,700 Inlet Structure 1 EA $33,395 $33,400 --- Sub Total Line C $673,800 Basin Nutlet Pipe at Pleasant Hill High School w Line A Special Manholes 7 EA $13,358 $93,50{7'---- - - ----_ ------ 108" Spiral Rib Pipe 4,235 LF $267 $1,131,400 - -- _ Pipe Couplers214 EA $200 $42,970 Excavation -__-- 32,000 CY $20 $641,2_00 Sheet Piling 5,760 SF - $_33 $192,400 Equipment Set Up 1 EA --- Pipe Bends 5 EA - - $801 Outlet Structure _ -1- _EA- -- $66,790'i — - Sub Total Line A $2,185,600 Creek Improvements Excavation (Grayson Creels) 2,9581 CY $13 $39,500 ----------- Excavation (Murderer's_Creek) 2,000 CY $13 $26,700 - Gabions 1,744.00' CY $200 $349,400 Rock 1.00; EA $66,790 6 ,80(7 - - !- ---- Sub Total Creek Improvements $482,400 Right of Way Green Hills Basin #1 0.032 AC $60,111 $1,900', Brookwood Basin #2 -2.70 AC $133,580 $360,700 Pleasant HillI high School Basin #3 12.00 AC $400,740 $4,808,900 --- Basin Outlet Pipe 1.00 EA --$287,998 $288,000 ---- - `Grayson Creek 6.80 AC $60,111 , $408,8001 --- -- - ---- Murderer's - - - 60- - � Sub Total Right of Way s ree 5.40 AC $324, $6,192,900 TOTAL CONSTRUCTION COST - -- - - -- - _ $14,165,200 TOTAL ADMINISTRATION, ENGINEERING, & CONTINGENCIES COST - - $5,457,700 -- I TOTAL COST (-WOUNDED) $19,622,900 G:\Grp®ata\FldCtl\rcanapa\DA 16, 44B, and 46 Updates\DA 46 Project Cost APPENDIX B - DRAINAGE AREA 44B COST ESTIMATE (2002 price) Item 7Quantity Units Unit price Amount Total Amount Pipelines at Jones Road o Line C Type 11 Manholes 3 EA $31042 $9,100 72" CP 95_0_LF $174 $105,300 60" CP 1,195 LF $146 $174,500 _ AC Pavement"Restoration 7,440 SF -- $2 $18,100-- Sub Total Line C - -- -- $357,900 Pipelines at Mayhew Road - Line E Type 11 Manholes2 EA $3,042 $6,100 60`° CP 660 LF $146 $99,300 AC Pavement Restoration 4,760 SF $2 $11,600 - Sub Total Line E $117,000 Pipelines at Coggins Road - Line F j Type I Manholes ---- ----- ----- 3 EA $2,433 $7,300 ------------ 42" CP 360 LF - - $103 $37,200 AC Pavement Restoration 1,980 SF $2 $4,300 ------ -_ --- ----------------- Sub Total Line F $49,300 Pipelines at Parkside Road - Line G Type I Manholes 3 EA $2,433; -$7,300 36„ CP -- - -- 150 LF --- $12 - $1,80 _ AC Pavement Restoration 750 SF $2 $1,800 Sub Total Line G - 1,048 EA $0 $10,900 Right of Way i Right of Way Cast 0 EA $0 $0 RNV Acquisition Labor and Legal 0 EA ---- $0 -- $0 Sub Total Right of Way - —-- - - - $0 Administration and Other Costs Utility Relocation Cost °10.0 Misc. Development Cost $0 ,A9 enc Inspection Fee $0 - - EIA Cost on Public Construction (25%) $134,400 Utility Relocation Coordination (10% of Utility Cost) $5,400 Ordinance Administration $7,400 -- District Cost for Coordination $14,600 District Cost for Mane Plan Change -- $5,200 nti - - - Congencies - - -- - $74,300 _-- Zone Plan Engineering $23,500 Cost Reimburse to Collecting Agency $4,400 Sub Total Admin, Engr, & Other - - $323,100 TOTAL. CONSTRUCTION COST $535 - - -- _ - _ - ,100 TOTAL ADMINISTRATION, ENGINEERING, & CONTINGENCIES COST -___ -- ---$323,100 TOTAL COST (ROUNDED) -- - - - - ----- - $858,200 Less Funds on Hand -- ----- $151,855 NET COSTS TO BE FUNDED BY FEE $706,344 - - Per Square Foot Fee Based on ----------- 1,62-0,8--7--1---S- quare feet remaining - $0.441' Grayson Creek Regional Improvement Plan $023 - - Total Fee per Square Foot $0.67 G:\GrpOata\FldCtl\rcanapa\ISA 16, 448, and 46 Updates\DA 44B Project Cost I 5 ° DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO.: W.O.s, 8211, 8214, & 8215 (Orainge Brea Tee Xmendments) CP NO.: 01-36 8173, 8180, 8195, 8205, 8207, 8208 (Drainage-Area q'ormations) ACTIVITY NAME: Drainage Areas 10,445, & 46 Fee Amendments and Drainage Areas 62,72,78,87,88, & 89 Formations DATE: June 18, 2001 PREPARED BY: Trina Torres This activity is not subject to the California Environmental Quality Act(CEQA) pursuant to Article 5, Section 15061 (b) (3) and this activity is not a project, as defined in Article 20, Section 15378 (b) (4) of the CEQA Guidelines. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. A project does not include the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical Impact on the environment. DESCRIPTION OF THE ACTIVITY: The activity consists of repealing the existing drainage fees for Drainage Areas 16,44B, &46 and adopting new fee ordinances to reflect the updated costs. The activity also consists of forming Drainage Areas 62,72,78,87,88, & 89, under the Contra Costa County Flood Control and Water Conservation District Act, as a means for adopting a drainage fee ordinance to secure funds for a still undefined project to solve repeated flooding. These newly formed drainage areas will have the same rate as the new fees established for Drainage Area 46. Once the flood reduction project is defined,the Contra Costa County Flood Control and Water Conservation District will conduct a full CEQA analysis of the project's impacts. This activity will need General Plan Conformance from the Cities of Martinez, Pleasant Hill, Walnut Creek, and Lafayette. LOCATION: The activity is located within central county in the Martinez/Pleasant Hill/Lafayette/Walnut Creek area (Figures 1-3). REVIEWED BY: DATE: Leicb Chavez Planner III APPROVED /BY: DATE: C� 0 . Community Development Representative G:tGrplstMEngSv6ENV1R0\2001 projectstCEQA oniy�Det.Exempt\ DA 16-44B-46 Fee Amend&DA 62-72-78-87-88-89 Formation.docs CALIFORNIA ENVIRONMENTAL QUALITY ACT N once of Exemption Contra.Costa County Community Development Department 651 Pine Street, 4th Floor-North Wing,McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2296 Contact Person: Cece Sellgren - Public Works Dept. Project Description, Common Name (if any)and Location: Drainage Areae 16,448, &46 Fee Amendments and Drainage Areas 62,72,78,87,88, & 89 Formations, County File #CP 61-36. Project Description. The activity consists of repealing the existing drainage fees for Drainage Areas 16,448, & 46 and adapting new fee ordinances to reflect the updated casts. The activity also consists of forming drainage Areas 62,72,78,87,88,&89, under the Contra Costa County Flood Control and Water Conservation District Act, as a means for adopting a drainage fee ordinance to secure funds for a still undefined project to solve repeated flooding. These newly formed drainage areas will have the same rate as the new fees established for Drainage Area 46. Once the flood reduction project is defined, the Contra Costa County Flood Control and Water Conservation District will conduct a full CEQA analysis of the project's impacts. This activity will need General Plan Conformance from the Cities of Martinez, Pleasant Hill, Walnut Creek, and Lafayette. Project Location; The activity is located within central county in the Martinez/Pleasant Hill/Lafayette/Walnut Creek area (Figures 1-3). This project is exempt from CEQA as a: r Ministerial Project(Sec. 15266) _ Other Statutory Exemption, Section Declared Emergency(Seca 15269(a)) ✓ General Rule of Applicability(Section 15061(b)(3) Emergency Project(Sec. 15269(b)or(c)) ✓ Article 26. Definitions, Section 15376 (b)(4) Categorical Exemption, for the fallowing reason(s): It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment.And a project does not include the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Date: By: Community Development Department Re resentative 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. County Public works Department 255 Glacier Drive Martinez,CA 94553 Attn: Trina Torres County Clerk Fee$50 Due G:\Crp0ata\EngSvc\ENVIR0\2001 projects\CEQA oMy\N0E\DA 16-44B-46 Fee Amend&DA 6+2-72-7" -88-89 Formz2ion.doc CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor-Forth ming, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (926) 313-2296 Contact Berson: Cece Sellgren - Public Warks Dept. Project Description, Common Name (if any)and Location: Drainage Areas 16,4413, &46 Fee Amendments and Drainage Areas 62,72,78,87,88, & 89 Formations, County File #CP 01-36. Project Description. The activity consists of repealing the existing drainage fees for Drainage Areas 16,445, & 46 and adopting new fee ordinances to reflect the updated casts. The activity also consists of forming Drainage Areas 62,72,78,87,88,&89, under the Contra Costa County Flood Control and Water Conservation District Act, as a means for adopting a drainage fee ordinance to secure funds for a still undefined project to salve repeated flooding. These newly formed drainage areas will have the same rate as the new fees established for Drainage Area 46. Once the flood reduction project is defined, the Contra Costa County Flood Control and Water Conservation District will conduct a full CEQA analysis of the project's impacts. This activity will need General Plan Conformance from the Cities of Martinez, Pleasant Hill, Walnut Creek, and Lafayette. Project Location; The activity is located within central county in the Martinez/Pleasant Hill/Lafayette/Walnut Creek area (Figures 1-3). This project is exempt from CEQA as a: — Ministerial Project(Sec. 15268) _ Other Statutory Exemption, Section Declared Emergency(Sec. 15269(x)) ✓ General Rule of Applicability(Section 15061(b)(3) ® Emergency Project(Sec. 15269(b)or(c)) ✓ Article 20. Definitions, Section 15378 (b)(4) ® Categorical Exemption, for the following reason(s). It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment.And a project does not include the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. 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: County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Trina Torres County Clerk Fee$50 Due G:tGrprlataiEngSvc\ENVIR012001 proiects\CEQA onlyWOETA 16-448-46 Fee Amend&DA 62-72-78-87-88-89 Formation.doc f 0 , t 13 x 00 00 E GO Z Q f F 01997 Thomas Bros.Maps 0 A iat h3 t 0) CA A W G j �� - 5 I I � bli �Sr i6�Irw �; 3 •i... 3333 f W I E I 1 10 it � S M ) I t•ti SlI4N vl S � � � ����t�������� w`•����'� ��Get � nz;� t qq �F r iµ�q��tl� 11Ki 0j In t c,� .a. c>� 1v -� � � cn .a• ca 1v —� � � � .1a u y pp �t 4R•# ^e ,� d, * il�` 1� ( 'r x� t ���rL�!� �i� Y � n.. }��s � a}.. tall � <. tr• ■r }�I *�+i ��s .a�r+E �,��@ gal °1=+ K {�00 f M �Rl k s os ,/f f A� 1 ;1►� r //i �% it% k n k ^"-�1�"' s-. -+��r "`*����� p y i <t� �♦ �.A' * '♦!�eer "`��.'�♦ ei�,��'o"Y �` �* "'. "�.kl '!f}� # fit i` ��}} s►' .«'� �' 4{ T '► , r � i t ��h r y���� .A/ f • .it2� a. 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D RMINATION THAT AN ACTIVI IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA) FILE N4.: W.O.s; 8211, 8214, & 8215 (Orainq*Area TeeAmendments) CP NO.: 01-36 8173, 8180, 8196, 8205, 8207, 8208 (OrainageArea Torrnatsons) ACTIVITY NAME: Drainage Areas 16, 13, &.46 Fee Amendments and Drainage Areas 62tlT78, -68,4 89 Formations DATE: June 18, 2001 PREPARED BY: Trina Torres This activity is not subject to the California Environmental Quality Act(CEQA) pursuant to Article 5, Section 15061 (b) (3) and this activity Is not a project, as defined In Article 20, Section 15378 (b) (4) of the CEQA guidelines. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. A project does not include the creation of government funding mechanisms or other.government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. DESCRIPTION OF THE ACTIVITY: The activity consists-of repealing the existing drainage fees for Drainage Areas 16,44B,&46 and adopting new fee ordinances to reflect the updated costs. The activity also consists of farming Drainage Areas 62,72,78,87,88, & 89, under the Contra Costa County Flood Control and Water Conservation District Act,as a means for adopting a drainage fee ordinance to secure funds for a still undefined project to solve repeated flooding. These newly formed drainage areas will have the same rate as the new fees established for Drainage Area 46. Once the flood reduction project is defined,the Contra Costa County Flood Control and Water Conservation District will conduct a full CEQA analysis of the project's impacts. This activity will need general Plan Confo 6 of Martinez, Pleasant Hill, Walnut Creek, and Lafayette. The activity is located within central county in '"' ill/Lafayette/Walnut Creek area (Figures 1-3). REVIEWED BY: � DATE: tp q Leigli Chavez Planner Ill . ,... APPROVED BY: DATE: i Commun4# evelaprnert , resentatfve �( �.. . :.;:. WGrpt7at \Engsvc\ENVIRU2001 projects\CEQA oniyTet Exempt\ : : .� ....::.:::. DA 16446 -46 Fee Amend&CA 62-72-78-87-8"9 Formaton.docs a . . .............. ,.. (b) "Alcoholic Beverage." Alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, that meets the following criteria: (1)contains one-half of one percent or more of alcohol by volume; (2) is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances; and (3) sales of which require a State of California Department of Alcoholic Beverage Control license. (c) "Alcoholic Beverage Sales Commercial Activity." The retail sale, for on-premises or off- premises consumption, of Alcoholic Beverages. A Full-Service Restaurant is not an Alcoholic Beverage Sales Commercial Activity. (d) "Condition of Approval." A requirement that must be carried out by: (1) a new Alcoholic Beverage Sales Commercial Activity to exercise a land use permit; or(2) an existing Alcoholic Beverage Sales Commercial Activity to comply with Deemed Approved Performance Standards and to retain its Deemed Approved Status. (e) "Crime Reporting Districts." Geographical areas within the boundaries of the unincorporated area of the County that are identified by the Contra Costa County Sheriff s Department in the compilation and maintenance of statistical information on reported crimes and arrests. (f) "Deemed Approved Activity." Any Alcoholic Beverage Sales Commercial Activity existing immediately before the effective date of this chapter is a Deemed Approved Activity if it complies with the Deemed Approved Performance Standards in section 82-38.808. (g) "Deemed Approved Performance Standards." The standards set forth in section 82-38.808. (h) "Deemed Approved Status." The status conferred by this ordinance upon a Deemed Approved Activity in accordance with section 82-38.806. (i) "Full-Service Restaurant." A place that: (1) is primarily, regularly and in a bona fide manner used and kept open for the serving of at least dinner to guests for compensation; and (2) has kitchen facilities containing conveniences for cooking an assortment of foods that may be required for those meals; and(3) obtains a minimum of 67 percent of its gross receipts from the sale of meals and other food and drink non-alcoholic products; and (4) submits evidence of total meal and other non-alcoholic product sales to county officials upon request for purposes of determining its status under this ordinance. A place that sells or serves only sandwiches (whether prepared in a kitchen or made elsewhere and heated up on the premises) or only snack foods, or both, is not a Full-Service Restaurant. (j) "License." A valid State of California Department of Alcoholic Beverage Control license. ORDINANCE 2002-33 2 (k) "Off--Sale Alcohol Outlet." An establishment that conducts retail sales of Alcoholic Beverages for consumption off the premises where sold. (1) "On-Sale Alcohol Outlet." An establishment that conducts retail sales of Alcoholic Beverages for consumption on the premises where sold, excluding Pull-Service Restaurants. (Ord. 2002- 33 § 2.) 82-38.206 Inspection and bight of Entry. (a) County staff designated by the County Administrator to enforce this ordinance may enter an Alcoholic Beverage Sales Commercial Activity during normal business hours whenever they have cause to suspect a violation of any provision of this chapter or to investigate alleged violations of the Deemed Approved Performance Standards or Conditions of Approval prescribed in this chapter. (b) An owner or occupant, or agent of an owner or occupant, who refuses to permit entry and investigation into premises open to the public is subject to civil or criminal prosecution. (Ord. 2002-33 § 2.) 82-38.208 Administrative hearing Officer. The Administrative Hearing Officer will conduct public hearings and make determinations in accordance with section 82-38.406, section 82-38.814, and section 82-38.816 to obtain compliance with this chapter. This section is not intended to restrict the powers and duties of other County officers or bodies that monitor Alcoholic Beverage Sale Commercial Activities in the unincorporated area of the County to ensure compliance with applicable laws, statutes, and regulations. (Ord. 2002-33 § 2.) Article 82-38.4 Nonconforming Use Provisions for Existing Alcoholic Beverage Sales Commercial Activities 82®38.402 Existing Alcoholic Beverage Sales Commercial Activities. On premises for which a license has been issued and where these premises are being used to exercise the rights and privileges conferred by the license at a time immediately before the effective date of this chapter, the premises may continue to be used to exercise the same rights and privileges without requiring a land use permit. This use is a nonconforming use, subject to the nonconforming use provisions of Chapter 82-8 of the County Ordinance Code(except as otherwise provided in this chapter or in the Alcoholic Beverage Control Act, division 9 of the Business and Professions Code), and is entitled to Deemed Approved Status, subject to article 82-38.8. (Ord. 2002-33 § 2.) ORDNANCE 2002-33 3 82-38.404 Transfer or Revocation of Alcoholic Beverage Control Licenses. (a) if a license is to be transferred to a new owner, the Community Development Director is authorized under Business and Professions Code section 23800(e), on behalf of the County,to request that the State of California Department of Alcoholic Beverage Control within 30 days after the filing of a transfer application(or a longer period if allowed by law) impose conditions to mitigate problems at or in the immediate vicinity of the premises on any licenses being transferred to new owners. (b) If a license is to be transferred to a new premises, the Alcoholic Beverage Sales Commercial Activity must apply for a land use permit in accordance with the requirements of chapter 26-2, chapter 82-6, and this chapter. (c) If a license is revoked by the State of California Department of Alcoholic Beverage Control, after the revocation becomes a final order the Alcoholic Beverage Sales Commercial Activity must cease operation and may not resume unless it applies for and obtains a land use permit in accordance with this chapter. (Ord. 2002-33 § 2.) 82-38.406 Change in Mode or Character of Operation. (a) The Administrative Hearing Officer may hold a public hearing to determine whether a land use permit is required for an existing Alcoholic Beverage Sales Commercial Activity if any of the following occur: (1) An Alcoholic Beverage Sales Commercial Activity discontinues operation for more than 120 days. (2) An Alcoholic Beverage Sales Commercial Activity surrenders, abandons, closes, or quits its licensed premises. (3) An Alcoholic Beverage Sales Commercial Activity's license is surrendered or suspended. (4) An existing Alcoholic Beverage Sales Commercial Activity changes its activity so that the State of California Department of Alcoholic Beverage Control requires a different type of license. (5) An existing Alcoholic Beverage Sales Commercial Activity expands the floor area devoted to the display or sales of alcoholic beverages, or both, by more than 20 ORDINANCE 2002-33 4 percent. (6) Any other circumstance that results in a substantial change in the mode or character of operation of the Alcoholic Beverage Sales Commercial Activity, except for those circumstances listed in subdivision(b) of section 23790 of the California Business and Professions Code. (b) The purpose of a public hearing under this article is to receive testimony and determine whether the premises have operated continuously without substantial change in the mode or character of operation. Notice of the public hearing will be in accordance with section 82-38.1004. (c) At the conclusion of a public hearing under this article, the Administrative Hearing Officer may determine that a substantial change in the mode or character of operation of the premises either has occurred or has not occurred. (d) if the Administrative Hearing Officer determines that a substantial change in the mode or character of operation of the premises has occurred, the Alcoholic Beverage Sales Commercial Activity must cease operation and may not resume unless it applies for and obtains a land use permit in accordance with this chapter. (e) The determination of the Administrative Hearing Officer becomes final 30 calendar days after the date of decision unless appealed to the Board of Supervisors in accordance with section 82-38.1002. (Ord. 2002-33 § 2.) Article 82-38.6 Land Use Permits for New Alcoholic Beverage Sales Commercial Activities 82-38.602 Requirement. Notwithstanding any other provisions of this code, no new Alcoholic Beverage Sales Commercial Activity may be established unless a land use permit is first obtained in accordance with the requirements of chapter 26-2, chapter 82-6, and this chapter. (Ord. 2002-33 § 2.) 82-38.604 Restrictions. (a) A new Alcoholic Beverage Sales Commercial Activity is not permitted in any of the following locations. (1) Within 700 feet of an existing Alcoholic Beverage Sales Commercial Activity. ORDINANCE 2002-33 5 (2) 'Within 400 feet of any of the following: a public or private accredited school; a public park,playground or recreational area; a place of worship; a hospital; an alcohol or other drug abuse recovery or treatment facility; or a county social service office. (3) Within a Crime Reporting District, or within 600 feet of a Crime Reporting District, where the general crime rate exceeds the countywide general crime rate by more than 20 percent. (b) The distance restrictions of subsection (a) do not apply to any new Alcoholic Beverage Sales Commercial Activity that has 25 or more full time equivalent(FTE) employees and a total floor area of 24,000 square feet or more, and sells from the premises food and other groceries for home consumption. (c) The distances specified in subsection(a) will not be measured from any establishment that is not generally open to the public, including private clubs and lodges. (Ord. 2402-33 § 2.) 82-38.606 Findings. No land use permit to allow a new Alcoholic Beverage Sales Commercial Activity will be issued unless all of the following findings are made in addition to the findings required by section.26-2.2008 and section 82-6.002: (a) A finding of"public convenience and necessity" (.Bus. & Prof. Code § 23958.4(b)(2)), if the activity will be located in an area that has been determined by the State of California Department of Alcoholic Beverage Control to have an undue concentration of licenses as defined in Business and Professions Code section 23958.4(a). (b) A finding that the Alcoholic Beverage Sales Commercial Activity will not aggravate existing problems in the neighborhood created by the sale of alcohol such as loitering, public drunkenness, alcoholic beverage sales to minors, noise and littering. (Ord.. 2002-33 § 2.) 82-38.608 Granting. Land use permits to modify the location provisions contained in this article may be granted under this chapter and in accordance with. chapters 26-2 and 82-6. (Ord. 2002-33 § 2.) 82-38.610 Conditions of Approval. Reasonable Conditions of Approval maybe imposed, including but not limited to those listed in section 82-38.814, as part of approval of any land use permit issued under this article. (Ord. 2002-33 § 2.) Article 82-38.8 Standards and Procedures for Existing Alcoholic Beverage Sales Commercial Activities ORDINANCE 2002-33 6 82-38.802 Purpose. The general purposes of this article are: (a) to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare by requiring that Alcoholic Beverage Sales Commercial Activities that are legal nonconforming activities under this chapter and considered to be Deemed Approved Activities comply with the Deemed Approved Performance Standards at section 82-38.808; and, (b) to achieve the following objectives: (1.) protect residential, commercial, industrial, and civic areas and minimize the adverse impacts of nonconforming and incompatible uses; (2) provide opportunities for Alcoholic Beverage Sale Commercial Activities to operate in a mutually beneficial relationship to each other and to other commercial and civic services; (3) provide mechanisms to address problems often associated with the public consumption of alcoholic beverages, such as litter, loitering, graffiti, unruly behavior and escalated noise levels, (4) prevent Alcoholic Beverage Sales Commercial Activities from becoming a source of public nuisances in the community; and (5) provide for properly maintained alcoholic beverage sale establishments to minimize impacts to the surrounding environment. (Ord. 2002-33 § 2.) 82-38.804 Applicability. This article applies, to the extent permissible under other laws, to Alcoholic Beverage Sales Commercial Activities existing and operating on the effective date of this chapter within the unincorporated area of the County. The nonconforming use provisions of the County's zoning regulations, including but not limited to chapter 82-8, apply to this article, except as otherwise provided in this chapter. (Ord. 2002-33 § 2.) 82-38.806 Deemed Approved Activity. All Alcoholic Beverage Sales Commercial Activities existing and operating with all required licenses on the effective date of this chapter will automatically become Deemed Approved Activities as of the effective date of this chapter. Each Deemed Approved Activity retains its Deemed Approved Status if it complies with the Deemed Approved Performance Standards set forth in section 82-38.808 and if the licensed premises are in continuous operation without any substantial change in the mode or character of operation of the premises. (Ord. 2002.-33 § 2.) ORDINANCE 2002-33 7 82-38.808 Deemed Approved Performance Standards, An existing Alcoholic Beverage Sale Commercial Activity retains its Deemed Approved Status only if it conforms with all of the following standards: (a) its operation does not result in adverse effects to the health,peace or safety of persons residing or working in the surrounding area; (b) its operation does not result in repeated nuisance activities on or near the premises, including but not limited to disturbance of the peace, illegal drug activity,public drunkenness,drinking in public,harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults,batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises especially in the late night or early morning hours,traffic violations, curfew violations, lewd conduct, or police detentions and arrests; (c) its operation does not result in violations of other county, state, or federal regulations, ordinances, or statutes; (d) its operation does not result in the transfer, expiration or revocation of a State of California Department of Alcoholic Beverage Control license; (e) its upkeep and operating characteristics are compatible with and will not adversely affect the liveability or orderly development nor encourage the marginal development of abutting properties and the surrounding neighborhood; and. (f) its operation does not result in jeopardizing or endangering the public health or safety of persons residing or working in the surrounding area. (Ord. 200233 § 2.) 82-38.810 Posting. The owner of each Deemed Approved Activity must post the Performance Standards in a conspicuous and unobstructed place visible from the entrance of the establishment for public review. (Ord. 200233 § 2.) 82-38.812 Notification to Owners of Deemed Approved Activities. The Community Development Department must notif=y the owner of each Deemed Approved Activity, and also the property owner if not the same, of the activity's Deemed Approved Status. This notice must: (a) be sent via first class and return receipt mail; (b) include a copy of the Performance Standards; ORDINANCE 2002-33 8 (c) state that the Performance Standards must be posted in a conspicuous and unobstructed place visible from the entrance of the establishment for public review; (d) state that the activity must comply with all Performance Standards; (e) state that a review fee is required in accordance with section 82-38.1006 and must state the amount of the fee; and (f) state that the activity must comply with this ordinance. (Ord. 2002-33 § 2.) 82-38.814 Violations of Performance Standards, Conditions of Approval For Continued Deemed Approved Status Following Violation. (a) If the County receives a complaint from the public, Sheriff, or any other interested party that a Deemed Approved Activity is not complying with the Performance Standards set forth in section 82-38.808, the Administrative Hearing Officer may review the Deemed Approved Status of the Deemed Approved Activity in question at a public hearing. Notification of the public hearing will be made in accordance with section 82-38.1004 and must include notification that the Officer will consider the Deemed Approved Status of the Deemed Approved Activity. (b) The purpose of the public hearing is to receive testimony on whether the operating methods of the Deemed Approved Activity are causing negative impacts in the surrounding area. At the public hearing, the Administrative Hearing Officer will determine whether the Deemed Approved Activity conforms to the Deemed Approved Performance Standards set forth in section 82-38.808. At the conclusion of the hearing, the Administrative Hearing Officer may continue the Deemed Approved Status for the activity in question or may require changes or impose reasonable Conditions of Approval to retain Deemed Approved Status. The Officer's decision will be based on information in staff documents and testimony from the business owner and all other interested parties. The Deemed Approved Activity must comply with these conditions. The determination of the Administrative Hearing Officer becomes final 30 calendar days after the date of decision unless appealed to the Board of Supervisors under 82-38.1002. (c) The Administrative Hearing Officer may impose Conditions of Approval.relating to one or more of the following: (1) entertainment uses, activities, or amusement devices on the premises; (2) separation, monitoring,or design of area devoted to alcohol sales; ORDINANCE 2002-33 9 (3) security measures; (4) lighting, litter, trash receptacles, graffiti or nuisance abatement, or other similar requirements; or (5) maintenance. (d) Specific Conditions of Approval that may be imposed include but are not limited'Co the following. (1) Soundwalls. If the Alcoholic Beverage Sales Commercial Activity abuts residential uses and is allowed in the involved zoning district, a soundwall may be required between the Activity and the abutting residential uses. The soundwall must be no higher than six feet and must not obstruct the view of the building and parking areas from the street. Vegetation may be required to be planted along the soundwall and be of a type that will cover the soundwall surface within two years. (2) Graffiti Removal. The removal of all graffiti from the walls, fences,pavement or buildings within 72 hours of its appearance on the property may be required. (3) Exterior Lighting. Exterior lighting containing high pressure sodium or equivalent type, with an illumination intensity of between one and four footcandles, may be required. The lighting may be required to be lit during all hours of darkness. Any required lighting must be directed and shielded so as not to glare onto adjoining residential properties and must have a housing to protect against breakage. Any required lighting roust illuminate the adjacent public sidewalks and all parking lots under the business establishment's control in a manner that allows law enforcement personnel to identify persons standing in those areas. Any broken or burned out lights may be required to be replaced within 72 hours. (4) 'Trash Receptacles. Permanent, non-flammable trash receptacles, 60 gallons or less in size, may be required to be located at convenient locations, appropriately screened from view, outside the establishment and in the establishment's parking area(if any). The operators of the business may be required to remove on a daily basis, or more frequently if needed to maintain a litter-free environment, all trash from these receptacles and from the sidewalk adjacent to the establishment. The operators of the business also may be required to remove, at least three titres per week, all trash originating from its establishment deposited on public property within 400 feet of any ORDINANCE 2002-33 10 boundary of its premises. Security may also be required in a manner similar to that required under section 88-16.010 (take-out food establishments). All trash receptacles of any size may be required to be appropriately screened from.view. (5) Pay Telephones. Pay telephones on the site of the establishment may either be: (a)prohibited; or(b)required to be of the type that only allow outgoing calls and be located in a visible and well-lighted location. (6) Interior View. In establishments with glass storefronts, an unobstructed interior view from the street of the cash register area may be required and no more than 33 percent of the square footage of the windows and transparent doors of the premises may be allowed to bear advertising or signs of any sort. All advertising, signage and products may be required to be placed and maintained to ensure that law enforcement personnel have a clear and unobstructed view of the establishment's interior. (7) Program. A"complaint response-community relations"program established and maintained by the Deemed Approved Activity may be required. The program may include the following: (a) Posting at the entry of the establishment and providing to any requesting individual the telephone number for the area commander of the local law enforcement substation. (b) Coordinating with the local law enforcement agency to monitor community complaints about the establishment's activities. (c) Laving a representative of the establishment meet with neighbors or neighborhood association on a regular basis and at their request, attempt to resolve any neighborhood complaints regarding the establishment. (8) Activities. 1f appropriate, the following activities may be prohibited on the premises: pool or billiard tables, football or pinball games, arcade style video or electronic games, or coin operated amusement devices. (9) Prohibited Products. To discourage nuisance activities, an Off-Sale Alcohol Outlet may be prohibited from selling one or more of the following products: (a) Wine or distilled spirits in containers of less than 750 milliliters. (b) Malt beverage products with alcohol content greater than 5-1/2 percent by OR.DENA?TICE 2002-33 11 volume. (c) Wine with an alcoholic content greater than 14 percent by volume unless in corked bottles and aged at least two years. (d) Single containers of beer or malt liquor. (e) Containers of beer or malt liquor not in their original factory packages of six- packs or greater. (e) Containers of beer or malt liquor larger than 39 ounces. (f) Distilled spirits in bottles or containers smaller than 375 milliliters. (g) Cooler products, either wine-or malt-beverage-based, in less than four-pack quantities. (10) Chilled Alcoholic Beverages. An Off-Sale Alcohol Outlet may be prohibited from maintaining refrigerated or otherwise chilled alcoholic beverages on the premises. (11) Hours of Operation. In an Off-Sale Alcohol {cutlet, the sale of alcoholic beverages may be restricted to certain hours of each day of the week unless limited further by the State of California Department of Alcoholic Beverage Control. (12) Cups. In Off-Sale Alcohol Outlets, the sale or distribution to the customer of paper or plastic cups in quantities less than their usual and customary packaging may be prohibited. (13) Signs. The following signs may be required to be prominently posted in a readily visible manner in English, Spanish, and the predominant language of the patrons: (a) "California State Law prohibits the sale of alcoholic beverages to persons under 21 years of age"; (b) "No Loitering or Public Drinking"; and (c) "It is illegal to possess an open container of alcohol in the vicinity of this establishment". (14) Presentation of Documents. A copy of the Conditions of Approval and the California Department of Alcoholic Beverage Control license may be required to be kept on the premises and presented to any law enforcement officer or authorized county official upon request. (15) Mitigating Alcohol-Related Problems. The establishment may be required to operate in ORDINANCE 2002-33 12 a manner appropriate with mitigating alcohol-related problems that negatively impact those individuals living or working in the neighborhood, including but not limited to: sales to minors,the congregation of individuals, violence on or near the premises, drunkenness, public urination, solicitation, drug-dealing, loud noise, and litter. (16) Signage. The total surface of signage pertaining to or referencing alcoholic sales or beverages that is visible from the public right of way may be required to not exceed 630 square inches. (17) Employee Training. All sales clerks in On-Sale Alcohol Outlets and Off-Sale Alcohol Outlets may be required, within 90 days of the beginning of employment, to complete an approved course in"responsible beverage service training". The establishment may be required to provide evidence of the employee's completion of this training to county authorities within 10 days following completion of training. (18) Drug Paraphernalia, An Off-Sale Alcohol Outlet may be prohibited from selling drug paraphernalia products as defined in Health and Safety Code sections 11014.5 and 11364.5. "Drug Paraphernalia"means all equipment,products and materials of any kind that are used, intended for use, or designed for use, in planting,propagating, cultivating, growing,harvesting,manufacturing, compounding,converting, producing, processing, preparing, testing, analyzing,packaging,repackaging, storing,containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the California Uniform Controlled Substances Act (commencing with California Health and Safety Code section 11000). (19) Loitering. The establishment's operators or employees may be required to discourage loiterers and to ask persons loitering longer than 15 minutes to leave the area and contact local law enforcement officials for enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so. (20) Security Cameras. At least two 24-hour time-lapse security cameras may be required to be installed and properly:maintained on the exterior of the building at locations recommended by the Sheriff s Department. All criminal and suspicious activities recorded on this surveillance equipment must be reported to local law enforcement. To the extent allowed by law, the establishment's operators may be required to provide any tapes or other recording media from the security cameras to the Sheriff. (21) Prohibited Vegetation. No exterior vegetation may be planted or maintained that could be used as a hiding place for persons on the premises. Exterior vegetation may be ORDINANCE 2002433 13 planted and maintained in a manner that minimizes its use as a hiding place. (Ord. 2002-33 § 2.) 82-38.816 Procedure for Consideration of Violations to Conditions of Approval. If the County receives a complaint from the public, Sheriff, or any other interested party that a Condition of Approval is being violated,the Administrative Hearing Officer may hold a public hearing to receive testimony and determine whether violations of any Conditions of Approval have occurred. Notification of the public hearing will be in accordance with section 82-38.1004. The Administrative Hearing Officer may amend the existing Conditions of Approval based upon the evidence presented or revoke the Deemed Approved Activity's Deemed Approved Status. The determination of the Administrative Hearing Officer becomes final 30 calendar days after the date of decision unless appealed to the Board of Supervisors in accordance with section 82-38.1002. (Ord. 2002-33 § 2.) Article 82-38.10 Appeals,Notice,Fees, and Penalties 82-38.1002 Appeal to Board of Supervisors. (a) Within 30 calendar days after a decision by the Administrative Hearing Officer,the business owner or property owner if not the same,the Sheriff, community members, or any other interested party may appeal to the Board of Supervisors as set forth in chapter 14-4. Upon receipt of the appeal and the required appeal fee, the Clerk of the Board will set the date for consideration of the appeal as set forth in section 14-4.006. (b) In considering an appeal of a determination that a substantial change in the anode or character of operation of the premises has occurred, the Board of Supervisors may uphold or reverse the determination of the Administrative Hearing Officer. (c) Is considering an appeal after Conditions of Approval on a Deemed Approved Activity are imposed or modified or after Deemed Approved Status is revoked,the Board of Supervisors roust determine whether the established use conforms to the applicable Deemed Approved Performance Standards or Conditions of Approval. The Board of Supervisors may continue or revoke a Deemed Approved Status, or the Board of Supervisors may modify the Conditions of Approval or impose additional reasonable Conditions of Approval as the Board judges are necessary to ensure conformity with Deemed Approved Performance Standards. (d) A decision of the Board of Supervisors is final as set forth in section 14-4.008. (Ord. 2002- 33 § 2.) ORDINANCE 2002-33 14 82-38.1004 Notification of Public Hearing. The Administrative rearing Officer,or his or her designee must notify the owner of the Alcoholic Beverage Sales Commercial Activity, and the property owner if not the same, of the date, time and place of the public bearing. Notice roust be sent via certified return receipt mail. The public hearing must be noticed by mail or delivery to all persons shown on the last available equalized assessment roll as owning real property in the unincorporated area of the County within 304 feet of the subject property in accordance with section 26-2.2004. All notices roust be given not less than ten days before the hearing date. Notification fees will be in accordance with section 82-38.1046 and paid for by the owner of the Deemed Approved Activity. ( rd.2002-33 § 2.) 82-38.1006 Pee Schedule. pees and fee regulations, including fees for the review, notification, appeal, and reinspection of Deemed Approved Activities,will be in accordance with a fee schedule established by the Board of Supervisors. (Ord. 2002-33 § 2.) 82-38.1008 Violations and Penalties. (a) Violations of the terms or any of the Conditions of Approval of a land use permit issued under this article may result in revocation of the permit in accordance with article 26-2.20, as well as any other enforcement remedy allowed by law. (b) If the Deemed Approved Status of a Deemed Approved Activity is revoked,the property owner or business owner is subject to: (1) criminal enforcement action in accordance with chapter 14-8, including arrest by citation; (2) civil enforcement in accordance with chapter 14-6; and (3) in the case of a property owner, nuisance abatement in accordance with chapter 14-6. (c) Liability for Expenses. In addition to the punishment provided by law, a violator is liable for costs, expenses, and disbursements paid or incurred by the County or any of its contractors in the correction and abatement of the violation. Reinspection fees to ascertain compliance with previously noticed or cited violations may be charged against the owner of the Deemed Approved Activity in an amount set by the Board of Supervisors. The County Administrator or his or her designee must mail the property owner or business owner of the affected premises a written notice setting forth the itemized cost of chargeable services and requesting payment of those costs. If the bill is not paid in the time stated in the notice,the charges will be referred to the County Office of Revenue Collection., or if the charges are against the property owner, the ORDINANCE 2002-33 15 charges will be placed as a lien against the property in accordance with chapter 14-6. (Ord, 2002-33 § 2.) SECTION III. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for and against it in the Contra Costa Tithes, a newspaper published in this County. PASSED on Oct;ob6 -•22, 2002 ,by the following vote: AYES. SLT'ERVISORS UIKRSA, GERBER., DESAUNIER, G.-LOVER and GiOIA NOES: NONE ABSEN L. i�ONE ABSTAIN. NONE +, S ATTEST: JOHN SWEETEN, Clerk of the Board to rd Chair and Canty Administrator r B y` -' ° �, [SEAL] eeputy TLG: HA2002\Code vnforcementWc Bev\alc bev ordinance-Fna1#.wpd ORDINANCE 2002.-33 16 C-A ORDINANCENO. 2002-34 (Re-Zoning Land in the Bethel Island Area) The Contra Costa County Board of Supervisors ordains as follows: SlrCTI�7N is Page G-27_•_ �...�G-2 -of the Counts 1378 Zoning Map(Ord.No.78a93)is amended by re-zoning the land in the above area shown shads)attached R�9830ileto d incorporated herein(see also Community Development Department A-2 General Agriculture FROM: Land Use District R-B Retailustrtess TO: Land Use District P-1 � PlannedUnit ------ -� and the Community Development Director shall change the Zoning Map accordingly, pursuant to Ordinance Code Sec, 84.2.003. 1! $ B > .� sv,•$r"rrr Yri r r,v v ar r.r v,{{• 'k°'�k F- ?r yt yrti rr r }yfi ryhrrv`r y r•4 }{},y .,a ..r.... Y {,;ir:}�,rfr'ry+y:•��,;••,'�°,r `rry>,rrs;'ti{'�'t'$,irrrr.. •' t W ..:✓r{`4vr'+r, jK {t {yrs}r'yr sv ,r,y}yry �. �i � �i`• r vvr }{ r r r yY'vy'a"r' r .{• r, r, v / r??''✓b r r {°{'.r,°r $� `..f7tr• } rfriv 'r+�. �{. rK�rfav' 4 ,M1e4+ a � r,• r yr r r r { ' ry✓,r$ti•.''r} .v yrrr + F ++ SECTION II, EFFECTIVE DATE. This ordinance becomes effective 30 days alter passage, Me— and within, 15 days of passage shall be published once with the names of supervisor newspaper voting for and against it in the Contra O sba Time published in this County. PASSED on_October 22, 2002 by the following vote: No Absent Abstain su-e'vnsor ( ? ( } 1. J.Gioia 00 ( ) ( ) ( ) 2. G.B Uilke a 00 ( ) ( ) 3. D.Gerber (X) ) ( ) ( ) 4. M.DeSaulnier A 5, Federal Glover (X) ( ) ( ) ATTEST": john Sweeten,County Administrator and Clerks f the Bard of Supervisors Chair of the Board {f Dep (SEAL) By � c ORDINANCE NO. 2002-"34 RZ983061 Seecon Financial