HomeMy WebLinkAboutORDINANCES - 12112001 - 2001-20 I
J I
Exhibit A
ORDINANCE NO. 2001-20
AN ORDINANCE OF THE
CONTRA COSTA COUNTY FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
ESTABLISHING DRAINAGE FEES IN THE
CONTRA COSTA COUNTY FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
DRAINAGE AREA 52D
The Board of Supervisors of Contra Costa County as the Governing Body of the Contra
Costa County Flood Control and Water Conservation District does ordain as follows:
SECTION 1 Ordinance No. 98.-58 of the Contra Costa County Flood Control and Water
Conservation District is hereby repealed.
SECTION 2 The Board hereby enacts the following as the Drainage Fee Ordinance for
Drainage Area 52D.
SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage
Area 52D, Boundary Map and Drainage Plan, Amendment No. 2," dated December 5,
2001, on file with the Clerk of the Board of Supervisors, is adopted as the drainage plan
for the Contra Costa County Flood Control and Water Conservation District Drainage
Area 52D pursuant to Sections 12.2 and 12.3 of the Contra Costa County Flood Control
and Water Conservation District Act (Chapter 63 of West's Appendix of the Water
Code.)
SECTION II FINDINGS. This Board finds and determines that said drainage area
has inadequate drainage facilities; that future subdivision and development of property
within said drainage area will have a significant adverse impact on existing and future
developments; that development of property within the drainage area, with its resultant
increase in impervious surfaces, will require the construction of facilities described in the
drainage plan; that the fees herein provided to be charged are uniformly applied on a
square foot of impervious surface basis and fairly apportioned within said drainage are
on the basis of benefits conferred on property upon which additional impervious
surfaces in said drainage area are constructed; that the estimated total of all fees
collectible hereunder does not exceed the estimated total costs of all drainage facilities
shown on the drainage plan or included in the Engineer's Report; and that the drainage
Ordinance No. 2001-20 Page 1 of 5
w
facilities planned are in addition to existing drainage facilities already serving the
drainage area at the time of the adoption of the drainage plan.
SECTION III EXEMPTIONS. The fee shall not be required for the following: 1) to
replace a structure destroyed or damaged by fire, flood, winds or other acts of God,
provided the resultant structure has the same, or less impervious surface as the original
structure; 2) To modify structures or other impervious surfaces, provided the amount of
ground coverage is not increased by more than 100 square feet; 3) To convey land to a
government agency, public entity, public utility, or abutting property owner where a new
building lot or site is not created as a result of the conveyance; or 4) Any lot or property
for which drainage fees have been fully paid previously.
SECTION IV. FEE DEFERMENT. On lots greater than two acres in size, the
property owner can defer the payment of the fee on the portion of the lot in excess of
two acres that is not a required part of the pending development. The deferment of fee
is conditional on the property owners granting, as collateral, the development rights to
the Board of Supervisors for said area of deferred fee until such time as the fee is paid.
SECTION V. BUILDING PERMITS. Except as permitted under Section III and IV,
the Contra Costa County or the city official having jurisdiction shall not issue any
building permit for construction within the drainage area until the required drainage fee
has been paid. For initial construction the fee shall be as set for the in Section VII. For
single family residential swimming pools on lots for which the drainage fee has not been
paid, the fee shall be $704.00 per pool. For other construction, modifications or
replacements to an existing facility that cause an increase in impervious surface,
including, but not limited to, driveways, walks patios, etc., the amount of net increase in
impervious surface shall be subject to a fee of $.80 per square foot, but not to exceed
the amount required under Section VII.
SECTION VI SUBDIVISIONS. Except as permitted under Sections III and IV, the
subdivider shall pay the drainage fee on the entire proposed subdivision or on each
individual unit for which a final or parcel map is filed prior to recordation of said map.
Town house, condominium, and cluster housing type subdivisions creating individual
lots less than 4,000 square feet shall be treated as multifamily residential and the lot
size used in determining the "square feet of land per unit" shall be the lot size prior to
subdividing. Except as noted above, the fee for all other subdivisions shall be calculated
on an individual lot basis. The fee amount shall be as set forth in Section VII.
Ordinance No. 2001-20 Page 2 of 5
SECTION VII. FEE SCHEDULE
Measure Building Permit Subdivision
Commercial/Industrial/Downtown office Acre 32,896.00 35,336.00
Office (Medium) Acre 28,192.00 31,504.00
Office (Light) Acre 23,592.00 26,592.00
Multifamily residential (Including Mobile Home Parks)
Less than 2,500 sq. ft of land per unit Acre 25,920.00 25,920.00
2,500 to 2,999 " Unit 1,536.00 1,536.00
3,000 to 3,999" Unit 1,760.00 1,760.00
4,000 to 4,999 " Unit 2,048.00 2,048.00
5,000 to 5,999" Unit 2,344.00 2,344.00
6,000 to 6,999" Unit 2,632.00 2,632.00
7,000 to 7,999" Unit 2,912.00 2,912.00
8,000 + " Unit 3,056.00 3,056.00
Single Family Residential:
4,000 to 4,999 sq.ft. of land per unit Unit 2,152.00 3,448.00
5,000 to 5,999" Unit 2,248.00 3,592.00
6,000 to 6,999" Unit 2,344.00 3,736.00
7,000 to 7,999" Unit 2,440.00 3,880.00
8,000 to 9,999" Unit 2,584.00 4,088.00
10,000 to 13,999" Unit 2,872.00 4,504.00
14,000 to 19,999" Unit 3,352.00 5,184.00
20,000 to 29,999" Unit 4,144.00 6,216.00
30,000 to 39,999" Unit 5,144.00 7,424.00
40,000+"" Unit 6,168.00 8,553.00
Agricultural:
Under 10% of lot impervious Exempt
P
More than 10% of lot impervious Acre 123,592.00
On single family lots, barns and sheds in excess of 400 square feet and tennis and
sports courts shall not be considered as incidental residential facilities included in the
above fee schedule. The drainage fee for the portion of these facilities in excess of 400
square feet shall be calculated using the square foot fee in Section V, and it shall be in
addition to the above fee amounts.
For the purpose of this ordinance, subject to Section VI, lot size shall be (1) for existing
lots, that land shown on the latest equalized assessment roll as a lot; or (2) for new
subdivision lots, that land shown on the final or parcel map as a lot. The fee amounts
under "Single Family Residential" shall apply to lots containing only one dwelling unit.
Ordinance No. 2001-20 Page 3 of 5
i
For multifamily residential (including mobile home parks) the "square feet of land per
unit" shall be the quotient obtained by dividing the lot size in square feet by the number
of dwelling units proposed to be on the lot.
SECTION VIII. FEE PAYMENT. The official having jurisdiction may accept cash or
check, or, when authorized by the District's Chief Engineer, other consideration such as
actual construction of a part of the planned drainage facilities by the applicant or his
principal. All fees collected hereunder shall be distributed into the appropriate accounts.
$0.76 of each $0.80 collected will be deposited in the County Treasury to the account of
the drainage facilities fund established for the drainage area. The remaining $0.04 of
each $0.80 will be deposited into the Flood Control Zone 1 fund to be used for
improvements in the Marsh Creek Regional Improvement Plan. Monies in said funds
shall be expended solely for land acquisition, construction, engineering, administration,
repair, maintenance and operation or reimbursement for the same, in whole or part, of
planned drainage facilities within the drainage area, or the Marsh Creek Regional
Improvement Plan. Said monies may also be used to reduce the principal or interest of
any indebtedness of the drainage area, or the Flood Control Zone 1 fund.
SECTION IX. CREDIT. Drainage fees previously paid shall be credited as follows:
A Where drainage fees have been paid under a former drainage fee ordinance
based on acreage, fees shall not be required under Section VII for any part of the
total area for which the fee was paid, except in the case of a resubdivision.
B Where drainage fees have been paid under this ordinance or another drainage
fee ordinance based on impervious surface, fees shall not be required under
Section VII for the total impervious surface area for which the fee was paid.
However, fees shall be payable under Section VII for any additional impervious
surface area.
C Where drainage fees have been paid other than pursuant to an adopted drainage
fee ordinance, the dollar amount of the fee paid for the development site in
question shall be credited against the fees payable under Section VII.
SECTION X. REVIEW OF FEES. Project cost estimates shall be reviewed every
year that this ordinance is in effect. The fee schedule shall be adjusted annually on
January 1 to account for inflation using the Engineering News Record Construction Cost
Index. Such adjustment shall not require further notice or public hearing.
Ordinance No.2001-20 Page 4 of 5
SECTION XI. EFFECTIVE DATE. This ordinance becomes effective 60 days
after passage, and within 15 days of passage shall be published once with the name of
supervisors voting for and against it in the Brentwood News, a newspaper published in
this area.
PASSED AND ADOPTED ON :Deceiiiber '1112001 , BY THE FOLLOWING:
AYES: SUPERVISORS GIOIA, GERBER, DESAULNIER, GLOVER and UILKEMA
NOES: NONE
ABSENT:
NONE
Chair o he Board
ATTEST: John Sweeten
Clerk of the Board of Supervisors
and County Administrator
By: u. .n
Deputy
G:\GrpData\FldCtl\Administration\DA 52D Package.doc
Ordinance No.2001-20 Page 5 of 5
REQUEST TO SPEAR.FORM ,
(THREE -1 ; MINUTE LIMIT) O .
Complete.. this form and .place it in the !box . near . the .speakers!
rostrum-. be ore;-addre• sing.,"the; Board:'.. . ..;
Name:
Address
T. am speaking for myself or organization:
(nan .:ov organiiation)
CHECR:ONE:.
I wish .to:`speak;:on Agenda It #, Date: ��1�
My domments .will be:; general fora against
I wish. speak::on.;;the::'subj act-of.' ...
I do;-:.not: wish.-to ::.speak. butr�leave these comments-'for' the
Board to .•consider:
The Board of SupervisorsCentra John Sweeten.
Clerk of the Board
Count Administration Building Costa
and
County g `Q County Administrator
651 Pine Street, Room 106 (925)335-1900
Martinez,California 94553-1293 County
John Gioia, 1st District
s.�..r.
Gayle B.Uilkema,2nd District t``'°° :'-�•
Donna Gerber,3rd District
Mark DeSaulnier,41h District I� j
Federal D.Glover,5th District ,.•,� ::: `-;.:s. 4
4
lq Cf1U N'r'`
CLERK OF THE BOARD
FAX TRANSMITTAL
(925) 335-1913
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TIME
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If you have any problem with this transmittal, please call
MESSAGE: Ordinance 2001-20 Establishing drainage fees in the
Contra Costa County Flood Cont.r6i and Water Conservation District
T�r ..
Drainage Area 52D
( ) Original Copy(s) to follow.
P
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Exhibit A
ORDINANCE NO. 2001-20
AN ORDINANCE OF THE
CONTRA COSTA COUNTY FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
ESTABLISHING DRAINAGE FEES IN THE
CONTRA COSTA COUNTY FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
DRAINAGE AREA 52D
The Board of Supervisors of Contra Costa County as the Governing Body of the Contra
Costa County Flood Control and Water Conservation District does ordain as follows:
SECTION 1 Ordinance No. 98-58 of the Contra Costa County Flood Control and Water
Conservation District is hereby repealed.
SECTION 2 The Board hereby enacts the following as the Drainage Fee Ordinance for
Drainage Area 52D.
SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage
Area 52D, Boundary Map and Drainage Plan, Amendment No. 2," dated December 5,
2001, on file with the Clerk of the Board of Supervisors, is adopted as the drainage plan
for the Contra Costa County Flood Control and Water Conservation District Drainage
Area 52D pursuant to Sections 12.2 and 12.3 of the Contra Costa County Flood Control
and Water Conservation District Act (Chapter 63 of West's Appendix of the Water
Code.)
SECTION II FINDINGS. This Board finds and determines that said drainage area
has inadequate drainage facilities; that future subdivision and development of property
within said drainage area will have a significant adverse impact on existing and future
developments; that development of property within the drainage area, with its resultant
increase in impervious surfaces, will require the construction of facilities described in the
drainage plan; that the fees herein provided to be charged are uniformly applied on a
square foot of impervious surface basis and fairly apportioned within said drainage are
on the basis of benefits conferred on property upon which additional impervious
surfaces in said drainage area are constructed; that the estimated total of all fees
collectible hereunder does not exceed the estimated total costs of all drainage facilities
shown on the drainage plan or included in the Engineer's Report; and that the drainage
Ordinance No. 2001-20 Page 1 of 5
facilities planned are in addition to existing drainage facilities already serving the
drainage area at the time of the adoption of the drainage plan.
SECTION III EXEMPTIONS. The fee shall not be required for the following: 1) to
replace a structure destroyed or damaged by fire, flood, winds or other acts of God,
provided the resultant structure has the same, or less impervious surface as the original
structure; 2) To modify structures or other impervious surfaces, provided the amount of
ground coverage is not increased by more than 100 square feet; 3) To convey land to a
government agency, public entity, public utility, or abutting property owner where a new
building lot or site is not created as a result of the conveyance; or 4) Any lot or property
for which drainage fees have been fully paid previously.
SECTION IV. FEE DEFERMENT. On lots greater than two acres in size, the
property owner can defer the payment of the fee on the portion of the lot in excess of
two acres that is not a required part of the pending development. The deferment of fee
is conditional on the property owners granting, as collateral, the development rights to
the Board of Supervisors for said area of deferred fee until such time as the fee is paid.
SECTION V. BUILDING PERMITS. Except as permitted under Section III and IV,
the Contra Costa.County or the city official having jurisdiction shall not issue any
building permit for construction within the drainage area until the required drainage fee
has been paid. For initial construction the fee shall be as set for the in Section VII. For
single family residential swimming pools on lots for which the drainage fee has not been
paid, the fee shall be $704.00 per pool. For other construction, modifications or
replacements to an existing facility that cause an increase in impervious surface,
including, but not limited to, driveways, walks patios, etc., the amount of net increase in
impervious surface shall be subject to a fee of $.80 per square foot, but not to exceed
the amount required under Section VII.
SECTION VI SUBDIVISIONS. Except as permitted under Sections III and IV, the
subdivider shall pay the drainage fee on the entire proposed subdivision or on each
individual unit for which a final or parcel map is filed prior to recordation of said map.
Town house, condominium, and cluster housing type subdivisions creating individual
lots less than 4,000 square feet shall be treated as multifamily residential and the lot
size used in determining the "square feet of land per unit" shall be the lot size prior to
subdividing. Except as noted above, the fee for all other subdivisions shall be calculated
on an individual lot basis. The fee amount shall be as set forth in Section VII.
Ordinance No. 2001-20 Page 2 of 5
J
SECTION VII. FEE SCHEDULE
Measure Building Permit Subdivision
Commercial/Industrial/Downtown office Acre 32,896.00 35,336.00
Office (Medium) Acre 28,192.00 31,504.00
Office (Light) Acre 23,592.00 26,592.00
Multifamily residential (Including Mobile Home Parks)
Less than 2,500 sq. ft of land per unit Acre 25,920.00 25,920.00
2,500 to 2,999" Unit 1,536.00 1,536.00
3,000 to 3,999 " Unit 1,760.00 1,760.00
4,000 to 4,999" Unit 2,048.00 2,048.00
5,000 to 5,999 " Unit 2,344.00 2,344.00
6,000 to 6,999" Unit 2,632.00 2,632.00
7,000 to 7,999" Unit 2,912.00 2,912.00
_
8,000 + " Unit 3,056.00 3,056.00
Single Family Residential:
4,000 to 4,999 sq. ft. of land per unit Unit 2,152.00 3,448.00
5,000 to 5,999 " Unit 2,248.00 3,592.00
6,000 to 6,999 " Unit 2,344.00 3,736.00
7,000 to 7,999 " Unit 2,440.00 3,880.00
8,000 to 9,999" Unit 2,584.00 4,088.00
10,000 to 13,999" Unit 2,872.00 4,504.00
14,000 to 19,999" Unit 3,352.00 5,184.00
20,000 to 29,999" Unit 4,144.00 6,216.00
30,000 to 39,999" Unit 5,144.00 7,424.00
40,000+"" Unit 6,168.00 8,553.00
Agricultural:
Under 10% of lot impervious Exempt
More than 10% of lot impervious Acre 123,592.00
On single family lots, barns and sheds in excess of 400 square feet and tennis and
sports courts shall not be considered as incidental residential facilities included in the
above fee schedule. The drainage fee for the portion of these facilities in excess of 400
square feet shall be calculated using the square foot fee in Section V, and it shall be in
addition to the above fee amounts.
For the purpose of this ordinance, subject to Section VI, lot size shall be (1) for existing
lots, that land shown on the latest equalized assessment roll as a lot; or (2) for new
subdivision lots, that land shown on the final or parcel map as a lot. The fee amounts
under "Single Family Residential" shall apply to lots containing only one dwelling unit.
Ordinance No. 2001-20 Page 3 of 5
J1 .
4I
For multifamily residential (including mobile home parks) the "square feet of land per
unit" shall be the quotient obtained by dividing the lot size in square feet by the number
of dwelling units proposed to be on the lot.
SECTION VIII. FEE PAYMENT. The official having jurisdiction may accept cash or
check, or, when authorized by the District's Chief Engineer, other consideration such as
actual construction of a part of the planned drainage facilities by the applicant or his
principal. All fees collected hereunder shall be distributed into the appropriate accounts.
$0.76 of each $0.80 collected will be deposited in the County Treasury to the account of
the drainage facilities fund established for the drainage area. The remaining $0.04 of
each $0.80 will be deposited into the Flood Control Zone 1 fund to be used for
improvements in the Marsh Creek Regional Improvement Plan. Monies in said funds
shall be expended solely for land acquisition, construction, engineering, administration,
repair, maintenance and operation or reimbursement for the same, in whole or part, of
planned drainage facilities within the drainage area, or the Marsh Creek Regional
Improvement Plan. Said monies may also be used to reduce the principal or interest of
any indebtedness of the drainage area, or the Flood Control Zone 1 fund.
SECTION IX. CREDIT. Drainage fees previously paid shall be credited as follows:
A Where drainage fees have been paid under a former drainage fee ordinance
based on acreage, fees shall not be required under Section VII for any part of the
total area for which the fee was paid, except in the case of a resubdivision.
B Where drainage fees have been paid under this ordinance or another drainage
fee ordinance based on impervious surface, fees shall not be required under
Section VII for the total impervious surface area for which the fee was paid.
However, fees shall be payable under Section VII for any additional impervious
surface area.
C Where drainage fees have been paid other than pursuant to an adopted drainage
fee ordinance, the dollar amount of the fee paid for the development site in
question shall be credited against the fees payable under Section VII.
SECTION X. REVIEW OF FEES. Project cost estimates shall be reviewed every
year that this ordinance is in effect. The fee schedule shall be adjusted annually on
January 1 to account for inflation using the Engineering News Record Construction Cost
Index. Such adjustment shall not require further notice or public hearing.
Ordinance No.2001-20 Page 4 of 5
f
SECTION XI. EFFECTIVE DATE. This ordinance becomes effective 60 days
after passage, and within 15 days of passage shall be published once with the name of
supervisors voting for and against it in the Brentwood News, a newspaper published in
this area.
PASSED AND ADOPTED ON December li , 2001 , BY THE FOLLOWING:
AYES: SUPERVISORS GIOIA, GERBER, DESAULNIER, GLOVER and UILKEMA
NOES: NONE
ABSENT:
NONE
ha' of the Bo
ATTEST: John Sweeten
Clerk of the Board of Supervisors
and County Administrator
Deputy
G:IGrpDatalFldCtlkAdministrationtDA 52D Package.doc
Ordinance No.2001-20 Page 5 of 5
CONTRA COSTA COUNTY FLOOD
CONTROL AND WATER
CONSERVATION N ERVATION DISTRICT
ENGINEERS REPORT FOR
UPDATING DRAINAGE FEE
ORDINANCE AND PLAN AMENDMENT
No. 2
FOR DRAINAGE AREA 52D
' Prepared by Kevin Emigh
Contra Costa Flood Control District
' 255 Glacier Drive
Martinez, California 94553
' September 30, 2001
' 1. RECOMMENDATION
' It is recommended that:
a. The existing Drainage Fee Ordinance (No.98-58) for Drainage Area 52D be
' repealed;
' b. A new drainage fee ordinance reflecting cost increases for the detention basin
right-of-way and construction be adopted; and
c. The drainage plan for Drainage Area 52D be amended.
2. DRAINAGE AREA LOCATION AND DESCRIPTION
' Drainage Area 52D is located in the East County in the Oakley Area. A portion of the
drainage area is within the incorporation limits of the City of Oakley. The drainage area
' is bounded by Marsh Creek to the west, by the Atchison Topeka and Sante Fe Railroad to
the east, Cypress Road to the north, and the extension of Hill Avenue to the south. The
exact boundary is shown on Contra Costa County Flood Control and Water Conservation
' drawing FD-12630.
The drainage area contains approximately 240 acres. The General Plans for the area
' designate about 140 acres in the north as residential with 7 to 12 units per acre and the
remaining area in the south as agricultural residential.
' 3. REASON FOR THE CHANGE OF PLAN AND DRAINAGE FEE ORDINANCE
The plan is being changed to reflect conversion of the South Basin to off-site storage
' thereby reducing the amount of basin area required. The South Basin will be intersected
by the future extension of Laurel Road over the Atchison Topeka and Sante Fe Railroad.
To compensate for the storage lost due to the road embankment additional basin area
' would have to be acquired or the basin would have to be converted to off-site storage
which is more efficient. The off-site storage option is recommended. The proposed
amended plan is shown on District drawing FC-13067.
' The current fee of$ 0.66 per square foot of new impervious surface is insufficient to
cover the estimated project costs and the long-teen debt for the basin right-of-way that
' was purchased over ten years ago.
' 4. COST ESTIMATE
' A detailed engineer's estimate is attached as Appendix A The following is a summary of
these costs:
' Construction $905,000.00
Rights-of-way(incl. debt) $865,000.00
Engineering and Administration $203,000.00
Total Subregional $1,973,000.00
Marsh Creek Regional Share $104,000.00
Total Costs $2,077,000.00
' 5. CALCULATION OF THE NEW FEE
' As indicated above the total cost to implement the remaining portions of the proposed
plan and funding the drainage areas indebtedness for the Basin #2 right-of-way is
$2,077,000. The estimated amount of impervious surfaces to be constructed in the future
' in this drainage area is 2,590,000 square feet. The required fee is calculated by dividing
the estimated cost by the estimated quantity of new impervious surface area. This yields a
fee amount of$ 0.80 per square foot of new impervious surface.
tDevelopment types and densities are based on the City and County General Plans and
Specific Plans. The amount of impervious surface for the various types of development is
based on the Contra Costa County Flood Control and Water Conservation District report
entitled "Report on Impervious Surface Drainage Fee Ordinance" dated January 5,1982
The fee schedule is shown in Exhibit A attached to this report.
6. FUTURE UPDATING OF PROPOSED FEES
' The standard impervious surface drainage fee ordinance has been modified to include a
paragraph that authorizes annual fee updates using the Engineering News Record
Construction Cost Index. The updates will occur annually on January 1. The new
' paragraph is Section X, Review of Fees.
7.CALIFORNIA ENVIRONMENTAL QUALITY ACT
' An initial study of environmental significance was prepared for the formation of the
drainage area and the adoption of the original plan and fee ordinance. An addendum to
this document was prepared to address the environmental impact of the proposed
improvements that would result from the proposed Drainage Plan Amendment No. 2.
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G:\GrpData\fldCtl\mkubicek\52dL•ngineerreporl.doc
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APPENDIX A
' DRAINAGE AREA 520 COST ESTIMATE
' Item Units Quanti $/Unit Amount Amount
'Cast4n-place Pipe L.F. 1200 $70.00 $84,000.00
2"Cast-In-place Pipe L.F. 1022 $80.00 $81,780.00
'
49' Cast-in- lace Pip2 L.F. 4062 90.0 $385R580.00
IM 3 M.H. EA. 1 $5,000.00 $5,000.00
Type 4 M.H. EA. 10 $Z000.00 $20,000.00
Spedal M.H. EA. 1 $10,000.00 $10,0Q0.00
Outlet Struct.w/Flapgate E4. 1 $10,000.00 $10,000.00
Outlet Structure EA. 1 $8,000.00 $8,000-00
Rock Slope Protection C.Y. 100 $75.00 $7 5 .00
'
Fencing LF 3200 $10.00 $32,000.00
Basin#1 Modifications LS 1 $50,000.00 $60,000.00
Basin 92 consolidation Com ion CY 20000 $4.00 $80,000.00
Subtotal Construction $753,840.00
' Continaency(20%) $150,768.00
Total Construction $904,608.00
Basin#1 R1 hts-of-Wa 1 $60 000.00 $60,000.00
' Basin#2 Rights-of-Way* 0.8 s670,000.00 $536,000.00
Interest on Advance Acquisition* 0.8 $300,000.00 $240,000.00
General Pipe RNV 1 $20,000.00 $20,000.00
Su I RNV $856,000.00
' RNV Conti 16%for Basin#1 $9,000.00
Total R/W $865,000.00
Dev.En r/Admin.Credit 15% $135,691.20
' CD E r./Admin. 15% $67,845.60
[Total E r/Admin. $203,536.80
Marsh Creek Fee 0$.04/SF $104,000.00
Estimated Total Cost $2,077,144.80
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*Rgfleets net cost after road rights-of-war are sold assuming 20 percent recovery
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' Exhibit A
' ORDINANCE NO. 01 -
AN ORDINANCE OF THE
' CONTRA COSTA COUNTY FLOOD CONTROL
AND
' WATER CONSERVATION DISTRICT
ESTABLISHING DRAINAGE FEES IN THE
CONTRA COSTA COUNTY FLOOD CONTROL
' AND
WATER CONSERVATION DISTRICT
' DRAINAGE AREA 52D
The Board of Supervisors of Contra Costa County as the Governing Body of the Contra
' Costa County Flood Control and Water Conservation District does ordain as follows:
SECTION 1 Ordinance No. 98-58 of the Contra Costa County Flood Control and Water
' Conservation District is hereby repealed.
SECTION 2 The Board hereby enacts the following as the Drainage Fee Ordinance for
' Drainage Area 52D.
SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage
' Area 52D, Boundary Map and Drainage Plan, Amendment No. 2," dated December 5,
2001, on file with the Clerk of the Board of Supervisors, is adopted as the drainage plan
for the Contra Costa County Flood Control,and Water Conservation District Drainage
' Area 52D pursuant to Sections 12.2 and 12.3 of the Contra Costa County Flood Control
and Water Conservation District Act (Chapter 63 of West's Appendix of the Water
Code.)
' SECTION II FINDINGS. This Board finds and.determines that said drainage area
' has inadequate drainage facilities; that future subdivision and development of property
within said drainage area will have a significant adverse impact on existing and future
developments; that development of property within the drainage area, with its resultant
' increase in impervious surfaces, will require the construction of facilities described in the
drainage plan; that the fees herein provided to be charged are uniformly applied on a
square foot of impervious surface basis and fairly apportioned within said drainage are
' on the basis of benefits conferred on property upon which additional impervious
surfaces in said drainage area are constructed; that the estimated total of all fees
collectible hereunder does not exceed the estimated total costs of all drainage facilities
' shown on the drainage plan or included in the Engineer's Report; and that the drainage
Ordinance No. Page 1 of 5
1
' facilities planned are in addition to existing drainage facilities already serving the
drainage area at the time of the adoption of the drainage plan.
1 SECTION III EXEMPTIONS. The fee shall not be required for the following: 1) to
replace a structure destroyed or damaged by fire, flood, winds or other acts of God,
t provided the resultant structure has the same, or less impervious surface as the original
structure; 2) To modify structures or other impervious surfaces, provided the amount of
ground coverage is not increased by more than 100 square feet; 3) To convey land to a
' government agency, public entity, public utility, or abutting property owner where a new
building lot or site is not created as a result of the conveyance; or 4) Any lot or property
for which drainage fees have been fully paid previously.
' SECTION IV. FEE DEFERMENT. On lots9 reater than two acres in size, the
property owner can defer the payment of the fee on the portion of the lot in excess of
' two acres that is not a required part of the pending development. The deferment of fee
is conditional on the property owners granting, as collateral, the development rights to
' the Board of Supervisors for said area of deferred fee until such time as the fee is paid.
SECTION V. BUILDING PERMITS. Except as permitted under Section III and IV,
' the Contra Costa County or the city official having jurisdiction shall not issue any
building permit for construction within the drainage area until the required drainage fee
has been paid. For initial construction the fee shall be as set for the in Section VII. For
single family residential swimming pools on lots for which the drainage fee has not been
paid, the fee shall be $704.00 per pool. For other construction, modifications or
replacements to an existing facility that cause an increase in impervious surface,
' including, but not limited to, driveways, walks patios, etc., the amount of net increase in
impervious surface shall be subject to a fee of$.80 per square foot, but not to exceed
the amount required under Section VII.
SECTION VI SUBDIVISIONS. Except as permitted under Sections III and IV, the
subdivider shall pay the drainage fee on the entire proposed subdivision or on each
' individual unit for which a final or parcel map is filed prior to recordation of said map.
Town house, condominium, and cluster housing type subdivisions creating individual
lots less than 4,000 square feet shall be treated as multifamily residential and the lot
' size used in determining the "square feet of land per unit' shall be the lot size prior to
subdividing. Except as noted above, the fee for all other subdivisions shall be calculated
on an individual lot basis. The fee amount shall be as set forth in Section VII.
1
' Ordinance No. Page 2 of 5
1
SECTION VII. FEE SCHEDULE
' Measure Building Permit Subdivision
Commercial/Industrial/Downtown office Acre 32,896.00 35,336.00
Office (Medium) Acre 28,192.00 31,504.00
Office (Light) Acre 23,592.00 26,592.00
Multifamily residential (Including Mobile Home Parks)
' Less than 2,500 sq. ft of landper unit Acre 25,920.00 25,920.00
2,500 to 2,999" Unit 1,536.00 1,536.00
3,000 to 3,999" Unit 1,760.00 1,760.00
4,000 to 4,999 Unit 2,048.00 2,048.00
5,000 to 5,999" Unit 2,344.00 2,344.00
6,000 to 6,999" Unit 2,632.00 2,632.00
7,000 to 7,999" Unit 2,912.00 2,912.00
8,000 + " Unit 3,056.00 3,056.00
' Single Family Residential:
4,000 to 4,999 sq.ft. of land per unit Unit 2,152.00 3,448.00
' 5,000 to 5,999" Unit 2,248.00 3,592.00
6,000 to 6,999" Unit 2,344.00 3,736.00
7,000 to 7,999" Unit 2,440.00 3,880.00
8,000 to 9,999" Unit 2,584.00 4,088.00
t10,000 to 13,999" Unit 2,872.00 4,504.00
14,000 to 19,999" Unit 3,352.00 5,184.00
20,000 to 29,999" Unit 4,144.00 6,216.00
' 30,000 to 39,999" Unit 5,144.00 7,424.00
40,000+"" Unit 6,168.00 8,553.00
Agricultural:
Under 10% of lot impervious Exempt
' More than 10% of lot impervious Acre 23,592.00
On single family lots, barns and sheds in excess of 400 square feet and tennis and
sports courts shall not be considered as incidental residential facilities included in the
above fee schedule. The drainage fee for the portion of these facilities in excess of 400
square feet shall be calculated using the square foot fee in Section V, and it shall be in
' addition to the above fee amounts.
' For the purpose of this ordinance, subject to Section VI, lot size shall be (1) for existing
lots, that land shown on the latest equalized assessment roll as a lot; or (2) for new
subdivision lots, that land shown on the final or parcel map as a lot. The fee amounts
' under"Single Family Residential" shall apply to lots containing only one dwelling unit.
' Ordinance No. Page 3 of 5
1
' For multifamily residential (including mobile home parks) the "square feet of land per
unit" shall be the quotient obtained by dividing the lot size in square feet by the number
of dwelling units proposed to be on the lot.
SECTION VIII. FEE PAYMENT. The official having jurisdiction may accept cash or
' check, or, when authorized by the District's Chief Engineer, other consideration such as
actual construction of a part of the planned drainage facilities by the applicant or his
principal. All fees collected hereunder shall be distributed into the appropriate accounts.
$0.76 of each $0.80 collected will be deposited in the County Treasury to the account of
the drainage facilities fund established for the drainage area. The remaining $0.04 of
each $0.80 will be deposited into the Flood Control Zone 1 fund to be used for
' improvements in the Marsh Creek Regional Improvement Plan. Monies in said funds
shall be expended solely for land acquisition, construction, engineering, administration,
repair, maintenance and operation or reimbursement for the same, in whole or part, of
planned drainage facilities within the drainage area, or the Marsh Creek Regional
Improvement Plan. Said monies may also be used to reduce the principal or interest of
any indebtedness of the drainage area, or the Flood Control Zone 1 fund.
' SECTION IXCREDIT. Drainage inage fees previously paid shall becredited as follows:
' A Where drainage fees have been paid under a former drainage fee ordinance
based on acreage, fees shall not be required under Section VII for any part of the
' total area for which the fee was paid, except in the case of a resubdivision.
B Where drainage fees have been paid under this ordinance or another drainage
' fee ordinance based on impervious surface, fees shall not be required under
Section VII for the total impervious surface area for which the fee was paid.
However, fees shall be payable under Section VII for any additional impervious
' surface area.
C Where drainage fees have been paid other than pursuant to an adopted drainage
' fee ordinance, the dollar amount of the fee paid for the development site in
question shall be credited against the fees payable under Section VII.
' SECTION X. REVIEW OF FEES. Project cost estimates shall be reviewed every
year that this ordinance is in effect. The fee schedule shall be adjusted annually on
January 1 to account for inflation using the Engineering News Record Construction Cost
' Index. Such adjustment shall not require further notice or public hearing.
1
Ordinance No. Page 4 of 5
1
' SECTION XI. EFFECTIVE DATE. This ordinance becomes effective 60 days
after passage, and within 15 days of passage shall be published once with the name of
' supervisors voting for and against it in the Brentwood News, a newspaper published in
this area.
PASSED AND ADOPTED ON , by the following vote:
' AYES:
NOES:
ABSENT:
Chair of the Board
' ATTEST: John Sweeten
Clerk of the Board of Supervisors
' and County Administrator
' By:
Deputy
'
G:\GrpData\FldCtl\Administration\DA 52D Packa e.doc
Ordinance No, Page 5 of 5
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- • • • ■ m DRAINAGE AREA BOUNDARY
PROPOSED FACILITIES
_ 5= LINE REACHSIZE R/W
I -
1 I'-- ------ -k= Cl 0+83 to 9*23 48" CIPP 12 ft l
C2 1 0-00 to 16.78 48" CIPP 12 It
' + ---- --"I I C2 16.78 to 22.00 42" CIPP 10 ft
-
_— I■y C2 I 2200 to 2730 36" CIPP 10 ft
C3--I 0-00 to 11.00 48" CIPP 12 ft
C3 11.00 to 1600 42' CIPP 10 ft
i l
tC3 I 16.00 to 23.00 36" CIPP 10 ft
I ' j1 — f
C4 0,00 to 136 48" CIPP 12 ft
" 1• to 1.50 Dbl. 48" CIPP 18 ft
I C5 I Ot00 �
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--------------------- ---=�--- �— Basin •2
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I
eNO. REVISIONS Des: M. Kubicek �cs REDUCED PLANS
DESCRIPTION BY DATE DRAWN:S. u /
% MILTON SCALF. .S I. INCHESDRAINAGE AREA 52D
- KUFICEK.1 2
rxcD. G. Huisinoh II"I 1911 PLAN AMENDMENT !t2 �
DATE: 12-5-2000_
EAST COORD. NORTH cooaD. BOUNDARY MAP AND DRAINAGE PLAN
SCALE: 1 -300'
FILE NO. FD-13067 SHEET 1 OF 1 i
CADD FII.E- d0 d_pin,d nI PEN TBI.:
1 /
CALIFORNIA ENVIRONMENTAL QUALITY ACT
NOTICE OF DETERMINATION
CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
651 PINE STREET 4TH FLOOR NORTH WING MARTINEZ,CALIFORNIA 94553-0095
tTelephone: (925) 313-2296 Contact Person: Cece Sellgren, Environmental Planner
Project Description, Common Name(if any)and Location: DRAINAGE AREA 52D Plan Amendment PROJECT, County
File#CP 00-36. The Neaative Declaration for the Drainage Area 52D Plan Amendment Prooect was approved on July 13, 1989
' (County File#CP 88-82). This Addendum to the Negative Declaration for Drainage Area 52D Formation Project identifies a
minor technical change to the project.
The drainage area plans are being changed to accommodate the future extension of Laurel Road and to better conform to the
tentative map of a subdivision in the planning process. The extension of Laurel Road will require Detention Basin#2 to be
split to allow for road right of way. The changes in the configuration of Basin#2 also require a reconfiguration of the storm
drain network that drains to and from the basin. The alignment of several drainage lines is being altered to conform to the
tentative map for a subdivision.
' The project is located east of Marsh Creek, west of Sellers Avenue between Cypress Road and Delta Road in the City of
Oakley, in east Contra Costa County.
' The project was approved on
Pursuant to the provisions of the California Environmental Quality Act:
' ( ) An Environmental Impact Report was prepared and certified (SCH# )
( ) The Project was encompassed by an #Environmental Impact Report previously prepared
o
( )
(X ) An Addendum to the Negative Declaration for Drainage Area 52D Formation Project (CP#88-82)was
' prepared (CP#00-36)
Copies of the record of project approval and the Negative Declaration or the final EIR may be examined at the office of the
Contra Costa County Community Development Department.
' (X ) The Project will not have a significant environmental effect.
( ) The Project will have a significant environmental effect.
( ) Mitigation measures were made a condition of approval of the project.
' ( ) A statement of overriding considerations was adopted.
( ) Findings were adopted pursuant to Section 15091 of the State CEQA Guidelines.
' Date: By:
Community Development Department Representative
' AFFIDAVIT OF FILING AND POSTING
I declare that on I received and posted this notice as required by
'
California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing
date.
' Signature Title
' Applicant Dept. of Fish & Game Fees Due:
County Public Work Dept. EIR-$850 Total Due$
255 Glacier Dr Neg.Dec.-$1,250 Total Paid$
Martinez,CA 94553 __ DeMinimis Finding-$0
Attn:Leigh Chavez X County Clerk-$50 Receipt#:
' TT
UPWS4\SHARDATA\GrpDala\EngSvc\ENVIRO\2000 projects\CEQAonly\NOD\DA 52D Plan Amendment.doc
(Rev.3/4/99)
1
•r
1
tADDENDUM
to the
' NEGATIVE DECLARATION (ND)
' for DRAINAGE AREA 52D FORMATION
CP# 88-82
' SCH# 89022112
Project # 2584-6D8227
' CP# 00-36
tPrepared by:
' Earl Crosby
Planner I
Contra Costa County Public Works Department
' 255 Glacier Drive
Martinez, CA 94553-4897
t
November 17, 2000
Environmental Planner Community Development Department
' Public Works Department
Title:
' Lead Agency: -County of Contra Costa
Date:
1
tGAGrpData\EngSvdENVIR0\2000 projects\DA 52MADDENDUM DA52D.SIG.doc
' ADDENDUM '
to the
' NEGATIVE DECLARATION
for DRAINAGE AREA 52D FORMATION
CP# 88-82
' SCH# 89022112
Project# 2584-6D8227
CP# 00-36
' PREFACE
' The Drainage Area 52D Formation Negative Declaration (ND) evaluated the
proposed project which consisted of the formation of the Drainage Area 52D and the
adoption of a drainage plan and fee ordinance, located east of Marsh Creek, west of
tSellers Avenue between Cypress Road and Delta Road, in the Oakley area, Contra Costa
County.
' This document serves as an Addendum to the ND for Drainage Area 52D
Formation_(CP# 88-82; SCH# 89022112). The ND for the project consists of the ND, and
' this Addendum.
The Contra Costa Community Development Department (CDD) is the lead agency
t for the project, and on June 13, 1989, the Board of Supervisors (Board) as the Governing
Board for the Contra Costa County Flood and Water Conservation District(FCD) approved
the project and filed a Notice of Determination (NOD) with the County Clerk.
CEQA PROCESS
' The California Environmental Quality Act (CEQA) prescribes that an Addendum
(CEQA Guidelines Section 15164) to a previously adopted ND may be prepared if only
minor technical changes are necessary and none of the conditions described in CEQA
Guidelines Section 15162 have occurred:
1. No substantial changes are proposed in the project which will require
major revisions of the previous ND due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously
' identified significant effects;
2. No substantial changes with respect to the circumstances under which
' the project is undertaken which require major revisions of ND due to the
involvement of new significant effects or a substantial increase in the severity
of previously identified significant effects; or
' 1
' 3. No new information of substantial importance shows that the project will
have one or more significant effects not previously discussed in the ND.
In accordance with CEQA Guidelines Section 15164(d), the Board shall consider
this Addendum along with the ND prior to making a decision on the project. According to
' CEQA Guidelines Section 15164(c) an Addendum does not require circulation for public
review but can be included in or attached to the ND. As noted in the Preface, this
Addendum is attached to the ND for Drainage Area 52D Formation (CP# 88-82, SCH#
t89022112).
' EXPLANATION OF THE ADDENDUM
This Addendum to the ND for Drainage Area 52D Formation identifies minor technical
' changes in the project design.
' A. DESIGN
The drainage area plans are being changed to accommodate the future extension of
Laurel Road and to better conform to the tentative map of a subdivision in the planning
t process. The extension of Laurel Road will require Detention Basin # 2 to be split to
allow for road right of way. The changes in the configuration of Basin # 2 also require a
reconfiguration of the storm drain network that drains to and from the basin. The
alignment of several drainage lines is being altered to conform to the tentative map for
' a subdivision. Table 1 summarizes the minor technical changes in the attached Draft
Engineers Report.
Table 1 - Technical changes in DA 52D Plan
Ori final facility Amended Facility
Basin#2 Basin#2
' ♦ 1 basin 7.0 acres ♦ Basin split into 2 sub-basins (total area 4.5 acres)
slope 4:1 to accommodate future expansion of Laurel Rd.
Depth 5' ♦ slope decreased to 5:1
♦ Outfall 18"spiral ribbed pipe (SRP) ♦ Depth increased to 6'
' ♦ Outfall changed to 48"cast in-place concrete pipe
(CIPP)
Basin #3 Deleted-Removed due to lack of conformance with
revised General Plan
Line Al Deleted - Will be installed as part of conditions of
approval for subdivision (7797) w/existing tentative
'
map.
Line A2 Deleted - Will be installed as part of conditions of
approval for subdivision (7797) w/existing tentative
map.
' Line A3 Deleted - Will be installed as part of conditions of
approval for subdivision (7797) w/existing tentative
map.
2
' Original facility Amended Facllity
Line C1 Line C3
♦ Ties into Basin #2 ♦ Ties into new line C1 (old line C4)at 9+25
' ♦ Original alignment ♦ Alignment shifted to conform to street
♦ 30"reinforced concrete pipe (RCP) improvements in proposed subdivision's (6963)
tentative map.
♦ Storm drain pipe increased to 36"—48"CIPP
' Line C2 Line C2
♦ Ties into Basin #2 ♦ Ties into new line C1 (old line C4) at 9+25
♦ Original alignment ♦ Alignment shifted to conform with street
' ♦ 24"—42" RCP improvements in proposed subdivision's (6963)
tentative map.
♦ Storm drain pipe increased to 36"—48" CIPP
Line C3 Deleted—No longer needed as per tentative ma
t Line C4 (portion) Line C1
♦ Ties into Basin#2 ♦ Stops at 9+25 at confluence of new lines
♦ 18 SRP C2/C3/C5
t ♦ Drains into Marsh Creek with a flapgate with rock ♦ 48"CIPP
slope protection energy dissipater ♦ Outfall structure changed to concrete headwall
and fla gate
' Line C4 (portion) Line C5
♦ Ties into Basin 2 ♦ From confluence of new lines C1/C2/C3 to Basin
♦ 18" SRP 2
♦ 2 48"CIPP
None Line C4
♦ Line C3 to southern sub-basin of Basin 2
Figure D-13067 in the Engineer's Report visually summarizes the amended Drainage Area.
This Addendum is consistent with County policies and does not lead directly or
indirectly to significant physical changes in the project, nor does it alter the adequacy or
' the completeness of the environmental impacts and mitigation measures identified in the
ND. Therefore, this Addendum to the ND is appropriate.
' ADDITION TO THE ND
This section identifies the language which is added/or changed (bold face type)or deleted
(stdkeeu ) to the text and figures of the ND. The environmental impacts are discussed in
"Initial Study of Environmental Significance Supplemental Information for DA-52D", dated
' Jan. 24, 1989 (attached). The changes below pertain to the document referenced above.
p 1 2' para 2nd sentence - Since the basin will be constructed underground with
4-te4 (5 to 1) side slope it will not result in unstable earth condition, disn�ptions, and
displacement.
' p 1 2nd para 3`d sentence - Since the basin is only five six) feet deep, the changes in
geologic substructures and topography will be insignificant.
' p 2 4" para 2"d sentence - The proposed detention basin less (hast the potential to
become a recreational faGititfes (facility) in the future.
' 3
' CONTRA COSTA COUNTY ADDENDUM FINDINGS for the
NEGATIVE DECLARATION for
DRAINAGE AREA 52D FORMATION
The following information is added to the previous ND and is presented to comply with
Section 15091 of the CEQA Guidelines for the ND for the DRAINAGE AREA 52D
FORMATION project.
1. Environmental Effect: Modifications to the design section as described on p. 2 of
' this Addendum, are minor technical changes or additions to the project and will not
result in any additional environmental effects not previously discussed.
' Findings: There are no significant environmental impacts associated with the
minor technical changes or additions for the proposed activity for which this
Addendum was prepared.
Statement of Facts:
' a. The project to be developed pursuant to this Addendum to the ND for
DRAINAGE AREA 52D FORMATION project is substantially similar to the project
' analyzed in the ND.
b. The ND for the DRAINAGE AREA 52D FORMATION project consists of the ND,
comments received, responses to the comments raised, and this Addendum. The
ND was completed in compliance with CEQA.
' c. There are no substantial changes, pursuant to CEQA Guidelines Section 15162
(a)(1), in the project which require major revisions of the ND due to the involvement
of new significant environmental effects or a substantial increase in the severity of
t previously identified significant effects. The project is substantially similar to the
project analyzed in the ND.
d. There are no substantial changes.with respect to the circumstances, pursuant
to CEQA Guidelines Section 15162 (a)(2), under which the DRAINAGE AREA 52D
FORMATION project is undertaken which require major revisions of the previous
ND due to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects. Those
circumstances remain substantially similar to the circumstances analyzed in the ND.
e. There is no new information of substantial importance, pursuant to CEQA
Guidelines Section 15162 (a)(3), which shows that the project will have one or
' more significant effects not previously discussed in the ND.
4
1
1 f. None of the conditions calling for the preparation of a subsequent or
supplemental EIR have occurred (see items 1 c - e above). Therefore, it is
appropriate to adopt this Addendum to the ND to make some minor technical
changes or additions found on p.2 Section A of this document (CEQA
' Guidelines 15164). This Addendum shall be considered along with the ND
prior to the Board making a decision on the minor technical changes or
' additions to the project, and in considering these changes or additions, the
Board is considering the identical or substantially similar underlying project.
The findings are supported by substantial evidence in the administrative record and are
based on the ND for the DRAINAGE AREA 52D FORMATION project which was subject
to public review.
tIn accordance with CEQA Guidelines Section 15164(d), the County Board of Supervisors
shall consider this Addendum along with the ND prior to making a decision on the project.
' According -to 'CEQA Guidelines Section 15164(c) an Addendum does not require
circulation for public review but can be included in or attached to the ND. As noted in the
Preface, this Addendum is attached to the ND for the DRAINAGE AREA 52D
' FORMATION project (CP# 88-82; SCH# 89022112).
1
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' \\PWS4\SHARDATA\GrpData\EngSvc\ENVIRO\2000 projects\DA 52D\AD0EN0UN1 DA52D.doc
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'STATE OF UUFCMNIA—OF"C1 OF THE GOl,_.NCc l GEORGE DEUYA
OFFICE OF PLANNING AND RESEARCH �°,9 'Pq
crno cA vssi4 Q �2
March 23, 1989 F`ri� T�' Q9
Gus Almquist
Contra Costa County
' Community Development Department
651 Pine Street, North Wing-4th Floor
Martinez, CA 94553-0095
1
Drainage Area 52D Formation, County File CP 88-82
Subject: SCH# 89022112
D ar;Mr. Almquist:
The State Glearinghouse submitted the above n-=n--d,environmental document
selected state agencies for review. '2:e state agency review period is r
' closed and none of the state agencies have comments . - This lett
acknowledges that you have complied with the State Clearinghouse rev:
reauirements for draft environmental docLr'=nts, Pursuant to the Califorr
' Environmental Quality Act.
Please contact Loreen McMahon or Marilyn \ishikawa at 916j445-0613 if
have any questions regarding the environmental review process .
' contacting the "Clearinghouse regarding this matter, please use the eigl
digit State Clearinghouse number so that we rr-By respond promptly-
Sincerely, .
David C. tsunenkamp
' Chief
Office of Permit Assistance
1
Community Contra Harvey f B Coragdon
mmmunim"i
' . Oi.ectof Oof ty Oeve
Development Costa
Department
' County Administration Building County
651 Pine Street
4th Floor, North Wing
Martinez, California 94553-0095
' Phone: 646-2091 ;�, February 21 , 1989
' NOTICE OF PREPARATION
NEGATIVE DECLARATION FOR DRAINAGE AREA 52D FORMATION, COUNTY FILE HCP
' 88-82: The project consists of the formation of Drainage Area 520 and the
adoption of a drainage plan and fee ordinance. The drainage fees will pay
for the drainage system consisting of pipelines to 48 inches in diameter.
' Subject property is described as follows: The parcel is located east of
Marsh Creek, west of Sellers Avenue between Cypress Road and Delta Road, in
the Oakley area.
As the owner of abutting property, or as an otherwise interested person or
organization, you are invited to submit any comments you may have on this
project, and raise any significant environmental issues of which you are
' aware so that they can be considered in the environmental review process.
This letter plus enclosures will constitute a Notice of Preparation .
Please circulate this information to the aopropriate persons and agencies
as soon as possible. I would encourage those interested bo -cmtact-me
directly by phone or letter to convey any concerns they -ay have about the
environmental review for the project.
' If you require further information regarding the project itself, please
contact Sam Choi of the County Public Works Department, Flood Control
District, at 415/646-4470, extension 281. If you have any comments
regarding this Notice of Preparation, please contact me at 415/646-2091 by
Wednesday, March 22, 1989.
' sincerely yours, 1
Gus Almouist
Civil Engineer
ASA:gms
' en5:DA52dFRM.ND C' J
j
Enclosures FED
' cc: Sam Choi
File No. NCP 88-82 Gonira ^""4y
tNutt to, eta Cle raDLnouee, 1400 TmtL St. as M. SALcrwmcnta, CA 9SAI4-916/ 13 set :=z ariw
tarlcz or ao+pL=ct1 Am owin3vibaAL Oo=cmT TurnaTrsL tan t s`J ' 1
1. Project Title, DRAINAGE AREA 52D FORMATION, County File #CP 88-82
z. ltad AfencT: CCC Community Dev. Dept. ;, coacict Persoa: Cus Almquist
U_ street Address: 651 Pine St., N. Wing - 41h Floor 3b. cm. Martinez
:K- ao=tT: Contro <'nstn ((-(-C) 3d. Zip: 94553-0095 3e. 7,.,,,:(415) 646-2091
Pgarmr taJci cm t. c ,=T; Contra Costa 4a. city/cOmImmitr: East County, near Oakley
' 4b. A.cpadaat'- Parcel No. Book 33• 4c. Seetiea 301 31 T, T2N Ritge R3E
U. arm streets: Marsh Creek at Cypress Road Sb. For tel' Searest Ookle
Ccm=•.,,q: Y
e. Tit51n 2 miles: a. lite 4 b. � c VI;S. A.T. & S.F. d• ;xx;sr Marsh Creel<
.. LC[71ip-W TZTK 8. Il7C1L fC.TICt( 2E8 9- CGvUJCPvMfr
'
CMA 01. _General Plan Opdate bl. _Residential: Units Acres
01. :ICP+ 06. NOE Q2. _Ker Elee fit 02.._of.lce: Sq. Ft.
02. _Early Con- 07. HOC 03. _GeoemL Plan Ameateat Acres U=p loyees
03. XX rie¢ Dec 08. !_NCD04. vainer PILO 01. ,Sboppaat/cc�crcial: Sq. rt.
04. _Drift EIR OS. t�Mntloa xc-es '�_�loyees
Supplcflent/ 06. -lSpee111e Plan N. �Icdu=rlal: Sq. Ft.
' 05. Subsequent EIR
(Pria-sm No.. 01. 03=i J ty Plan Acres I-nloyccs
j 08. Redevelolr=nt CS•_hter Faeillties: !CM
NEPA C9. ,Rezooe Cb• :masportation: nP<
Draft
09. 401 11. EIS 10. Lind Ditisica C.'• ^Ulaint: Nloerai
Tszdlrisloa. Parcel
10. PSI 12. EA Vap, Tr Lax kap, etc.) C5. _Power: Type titts
(7TEF11 11. Oce Petit 0?. �7astt :Yea o 00 ;-
13. _Joint DOCU=at 12. _teste Uc=t Plan :C. 0G5 P&liced
14. Fieal Doc�at 13. Qncel A¢ Prexrve xx Omer- Dro i r:ace Facilities
' 15• other 14. xxothtr Drainage Plan
lo. 117M ss: 240 acres c=xrm: Unknown
12. FOCI= 123= 013=2SPD IN C0=EXr 15. S�::c Systees =3. XX tater 'Quallty
01. XX Ae3tbetie/91sua1 08. XX rloodlce/Dra.imre 16. lSe+ r C1Atcitr 24. xx titer Supply
02. _Ag CUituizl Land 09. XXGeoloOC134.1-C. 17. _Social XX tetland/R:u+r=-
00. XX Air Quallty 10. .Iobs/Hs
ousang Valance 18. _Sall Etoica 26. xx tlldla:e
' 04. 1rc1a.eo1og1cil/Hletorlcal 11. XX Yloemis 19. Solid Lute _.. XX Grow" loducine
Co. XX.coaeval Zooe 12. noioe 20. XX t0=cP'L=2s �- _laca=mtible I-ruse
06. _tcoaocme 13. _Public Sem-ices 21. XX.-i::icKlrculatloo _]. XX E':eccs
07. - Schools .F_re FjLzam 14. SlXX.ece:i::co =-0. _.:;.:^.er i.Itcralion of
.3. P¢`mLIT. (ipprat) Federal S State S
14. PUT-M" lafo OSS AM 2tZtM.
Residential and Agricultural
15. TMT1XT DE,7C`IIMCM:
The project consists of the formation of Drainage Area 52D and adoption of a drainage pl<
fee ordinance. The drainage fee will pay for the-drainage system consisting of pipelines
' inches in diameter and a detention basin. - -
K*_:o. Stt?tA= (r 1.tn eC'-?C+ 1-rvL: ��''� Iy February 1 6, 1 989
ed Lv�en 'or a:: :e. oro:eC:SI i !CM -=1.er larael" !Crani 1 :r9:et:: V.C.
:
::m a "otice of Prtparit103 or ;:M"ous aria: ooe.traC; 7leaax :.11 :a•
Resources Agency Caltrans District
Boating/Waterways Dept. of Transportation ping;
Conservation Aeronautics
Fish and Game CA Highwav Patrol
Forestry Housing & COUMInity Devi
Colorado River Board Statewide Health Ping-
Dept. Water Resources Health
Reclamation Food & Agriculture
Parks and Rec Public Utilities Com
Office of Historic Preservation F-iblic Works
Native American Heritage Comm Corrections
S.F. Bay Ccns. & DevIt. Conm GP-reral Ser-vic_--s
Coastal Com CIA
Energy Com -c—=-.ta Monica Mtns
State Lands Ccum =:%-CALmpA
Air Resources Board C� - CLC-A
Solid Waste Mqmt Board C 1 - coastal
SWRtM: Sacto ;-z,—,-eau of Land Management
IUQCB: Region 4 .--c.-est Service
Water Rights 0-,�ier:
Water Quality Cher:
FUR :xn -[rp (Imy,
Date Received at SCH cat-11c<g
Cate Review Start-3 Amlicant
Date to Agencies CCmSUIt2nzI
Cate to sci Ccnt--C: k Cre
Clearance Gate
I
OCNIItA CCIb'l'A OOUtlIY
' 111=C WCC II�'A Sall
INITIAL STUDY
1 OF ENVIIdMFZtM,SIC2=CANKF-
Project It EMDVVM 52D FC£d�l Public Worms Departmmt
255 Glacier Drive
Kartinez, Califamia 94553
Prepared by: Sam N. Choi Date: Septmbar 20, 1988
Pevi.ewed by: Date:
1
F�JQMiE21ll?lTIL21S: () General rwle: ESerpt frau Govt. Code 65402 by Board of
' Supervisors Resolution 61/522
()'Categorical Enmption (Class ) (X) Negative Declaration
() Envi_mwental Itrpact Repott Requited () otxiditimal Ngwg. Declaration
This Project kill mt have a significant effect on the emrirc�t-
The is based cn the follann3 (List all itidentified as
significant): I
SEE ATTACHED ENVIFX7td$ ML CHBZFS,LS'r
A11 iters were considered having insignifiCint.isipact.
What charr?es to the project .meld mitigate the 10, - fled IMPacts (List
' mitigation ma o=es for any si7ti fic ant inpocts arm omditipral rlgativ,e
declaration).
ra tion).
NONE.
' USGS Quad Sheet: _ Base Map Sheet I HH=26 Farrel 5
J-26
GMMAL CCtGn)3tA Cts
1. Incation: The naroel is located east of Marsh C-ee:z u-st of Sellers Avenue
between Cypress Read a,d Delta Road in the Oaklev a--es-
2- Pmjeet Description: The protect consists of the fe ration of Drainage Arne
52D and the adoption of a drainage plan fee c'tirnVre 'lire drainag
fees will pay for the drainage system c v-,gand tira of pipelines to 48 e
In diameter.
' 3. Does it appear that any featr of the project L_/=qbe
Will generate significant public oaxx-M?
(feature of acrcrsn): II
1 4. 1ii11 the project —q-i— approval of permits by ffv)'�s LJco ,
than a County agg'ncy?
Yy ham: Rspartmnt of Fish & Game.
5. Is the p-Tject within the Shier of Inlu -11r,fcs�c OE r: Ire
DA520.EIIi.t12
CONTRA COSTA CCUNTY
Ia`TPIi'w"T=m C_?�'CiLIST
I. Bac-1m;round
1. Name of Proponent S G t,, Choi
' 2. Address and Phone .Number of Proncaent
++ u n
3. Date of Checklist Submitted :Seote trt b ar
4. Name of -Pranosal, if annlic3ble DA— 5Z D FoRmATI L)nr
;+ap 8�
II. Ra i--oumvnral lmracts
' (Explanations of all sianii=iccnt, (S), are reaui:ed on attache;
sheers_)
1. Sa_r7ta. Will the promsaL result ir.:
a_ Uns-able earth conditions or i` c==^les =r-
geologic subs±scttu-es?
b. Disrunticas, displacements, cc=--^tion or
overrave_�---ng of the sail?
C. C:3=ge in to pcg.*aphy or ground S"Ur'=e
relief f e3tures? x
- d. The.destructica, coves or mcii-"i=-tion
" - - of any unique geologic or physical features?
r
e. any increase Ln artnd or water eresica of
soils, either on or off the. site?
C:antes in deposition or erosicn C' �eac
sands or -�c��.angges i..�.��^.,��JJsilta4ZIOn�, decosl=-c'n c.
erosicn
b may
ify
river or stream or '::te bed of _`e ccean or V
an;,r t y, inlet or Lake?
r.:posure of peooLe or aroper':7 --o Slog=c
suc:i as ear--ha'uakes, lands 1:des.
mucstides, ground 42.i lure., or
pleese Note: 'S' :s -Cr significcrnt; 'I' is for InsignihcCrIl
S
2. Air. Will the proposal result in:
a. Substantial air emissions or deterioration
of ambient air aualitr
b. The creation of obJectionable odors? _
' c. Alteration of air movement, moisture, or
temperature, or any change in climate,
either locally or regionally?
' 3. later. Will the proposal result in:
a. Changes in currents, or the course of di-
rection of water movements, in either anxine
or fresh waters?
b. Changes in absorption rates, drainage cat-
terns, or the rate and amount of surface
runoff?
'
C. Alterations to the course or low'of f'_ocd
waters?
' d. Change in the amount of surface Fater in d
any water body? X.
e. Discharge into surface waters, cr in anY
' alteration of surface crater cra--litY, in-
cluding but not limited to tem cure,
dissolved omen or turbidity?
f. Alteration of the direction or rte of :low
of mound waters? �r
tg. Change in the quantity of ground eaters,
either through direct additions or
with-drawals, or throughinterceptioa of a -
�t '• auuif er by cuts or-e .n
acavati�
h. Substantial reduc&n in the mount of
' water otherwise available for cublic
water supplies?
i . Exposu_Te of people or Droner r',' to ate r :e-
lated ta.zards such as flooding 07 t=bat paves? x
Y. Plant Life. Will the proposal :-esu'.:
a. Change in the diversity of spec-es, or nun--
ber of any species of plants (including trees,
shrubs, grMSS, crops and aaua.tic plants)? _�
S
i
b. Reduction of the numbers of any unique, rare
' or endangered species of plants?
c. Introduction of new species of plants into an
' area, or in a barrier to the no Mal replenish-
went of existing species? _
d. Reduction in acreage of any ag:r=cultura.l crop? �_-
5. Animal Life. Will the proposal result in:
a. Cbange in the diversity of species, or num-
bers of. any species of animas (birds, land
animals including reptiles, fish and shell-
fish, benthic organisms or insects)? X
b. Reduction of the numbers of any unique,
rare or endangered species of an•r~;ls?
c. Introduction of new species of a_ni=ls into
an area, or result in a ba—=ier m the .mlgra-
tion or movement of anirm ls?
d. Deterioration to e_ds-ting fish or wildlif e
habitat?
6. Noise. Will the proposal result
a. Increases .in existing noise levels?
b. F.aposure of people to severe noisa levels? 1�
7. Light and Glare. Will the proposal produce new
light or glare?
B. Land Use. Will the proposal result in a sub-
stantial alteration of the present or planned
_ land use of an area?
9. %tural Resrnsces. Will the proposal result i..:
' a. Increase in the rate of use of am' nat"J^ai
resources? _
10. . Risk of Upset. wi1'_ the proposal ;.acolve:
a. A r sk of an e mlosion or the release of
ha-nrdous substances (Including, ".t pot
limited to, oil, pesticides,. cne=cals or
ra_dia.tlon) in the event of an a.cc,-dent or
upset conditions? j
I b. Possible interference with an emergency
response plan or an emergency evacuation
pian? X
11. Population. Will the proposal alter the location,
distribution, density, or growth rate of the ht..*-n
population of an area.?
12. Housing. Will the proposal affect edsting hous-
ing, or create a demand for additiocal housing? _
' 13. Transpor-tation/Circulation. Will the proposal
result in:
' a. Generation of substantial additional
vehicular movement? �-
' b. Effects on existing parizng facilities, or
demand for new Larking?
' c. Substantial impact upon exist'p= Z^=001-
tation systems?
d. Alterations to present patterns of ciresla-
ttion or movement of people andier goods?
e. alterations to %a.terborne, rte- ? or air t= ===c�'
' f. Increase in traffic hazards to =,tor ve-MIcles,
bicyclists or pedestrians?
14. Public Services. Will the proposwl hive an effect
upon, or result in a need for neer or altered gov-
ernmeatal services in any of the following areas:
' a. Fire protection?
b. Police protection? ;<
C. Schools? ,
d. Parks or other recreational fac_1:z=es?
e. 1ai.ntennnce of Public facilities,
roads? :<
f. Other governmental ser:ices?
15. Ener-g. Hill the proposal result n:
a. Use of substantial amounts of -'--el or ene l;?` � �`
b. Substantial increase in demand uDon e=xisting
sources or energy, or require the develoatent
of new sources of energy? _
' 16. Utilities. Will the proposal result in a nerd for
new systems, or substantial altertions to ;,he
' following utilities:
17. Human Heslth. Will the proposal result in:
a. Creation of any health ha:.ar*'d or potential
health hazard (excluding mental health)?
' b. Ervosure of people to potential health
ha�aric?
18. Aesthetics. Will the proposal result in the
' obstruction of any scenic vista. or view open to
the public, or will the proposal result in the
creation of an aesthetically offensive site open
to public view?
19. Recreation. Will the ur000sal resul= in an
impact upon the quality or aua_ntit;- c= existi-ng
' recreational opportunities?
20. Cul.t xal Resources.
a. Will :.he proposal result, in the 1_ zeratiou
of or the destruction of a pre^. :-s:.oric or
historic archaeological size? _
b. Will the proposal result in adverse ooysical
or aesthetic effects to a prehistoric or
historic building, structure, or object? x
c. Does the proposal have the potental to
cause a physical change which would affect
' • . unique ethnic cultura_1 values?
d. Will the proposal restrict exist.'_=5 religious
or sacred uses within ;.he pozent_a: .:.Pact
area? _
' 21 . 'Aandatorp Findings of Significance.
a. goes =he project ;m.ve the oorent_a' -o deg-r-ade
the cuality of the envi_or=en :,�stlntiall%
' reduce the habitat of a fish -oz 7_ldllife
species, cause a fish or wildl__e copulation
to dz-0t) below self sustaining levels, Zhreatea - -
' to el,;rate a plant or aniral cas7uaity,. rp--
duce ne number or restrict :ne :n_nge of a a-re
or end--n-ered plant or a.�-' tal .or ellnirate
` important eaamules of the major periods of
ICalifornia history or preaistory`? _
b. Does the project have the potential to achieve
I short-term, to the disadvantage of long-tens,
environmental goals? (A short-term impact on
the eavironment is one which occurs in a rela-
tively brief, definitive period of time while
long-term impacts will endure well into the
future.)
c. Does the project have imcacts G-hi.ch are
individually limited, but cumulatively con-
siderable? (A project may impact on two or
' more separate resources where the i.mmct on -
each resource is relatively small, but where
the effect of the total of those impacts on
the environment is significant.)
d. Does the aro j ect have eaviro:tnentz 1 effects
which trill cause substantial adverse eTsects
' on h=_nz heings, either dire^_t'_v 'ot iudi:e^t1v?
' III. Discussion of Environmental Evaluation
See Attachment. o 0
IV. Determination
' On.the basis of this initial evaluation:
I find that the proposed project CaMD ,K3; have a significant eifert
on the environment, and a �
IT=IVE DR-`TICV will be prepared. G
I find that although the proposed project could have a significant
effect on the enviroume-nt, there will not be a significant eS2ect in
this case because the mitigation measures described on a.n at`.,ached
sheet have been added to the project. A NM+TIVE Df7..�.� TICK WILL BE y
PREPARED.
� _
' I find the proposed proj ert MAY have a :a the
environment, and an IMP IC- =�'•' is
S1
P7em 6Er /
Date' t-=-e
INITIAL STUDY OF ENVIRONMjM SI=FICANCE `
SUPPIEMEN ` L DMIZIATION
' FOR DA-52D
Each item on the Initial Study form was researched using the overlays
provided by the Community Development Department and by field
investigations of the project site. As a result of this analysis, each item
on the checklist was found to be insignificantly affected by the project.
' The tents provided in this attacbnlent support this finding.
Field - Verified Items:
1 a,b,c,d. The proposed project includes a detention basin. Since the
basin win be constructed underground with 4 to 1 side slope,
it will not result in unstable earth condition, disruptions,
and displacements. Since the basin is only about five feet
deep, the changes in geologic substructures and topography
will be insignificant.
1 e,f. Since the basin will reduce peak flows before discharging
into Marsh Geek, erosion and deposition of soil into Marsh
Creek will be insignificant.
1 g. Since the basin cuts are surfacial .geologic hazards .can be
considered insignificant.
' 3 a. Currently, the drainage frm Drainage Area 52D drains into
the Kni_ghtsen area causing substantial flooding in there.
' The proposed drainage plan will intercep'c maid drainage,
detain it in the basin and discharge into t•'?`=h Cre,e t, thus
reducing flood problems in .]3-lightsen and Dra=_-_aqe area 52D.
The proposed plan will not affect existing irrigation
' facilities.
3 b. Since the project will not create hard surfaces, absorption
rates will not be changed.
3 c. Since there are no defined hater courses or tater ways in
that area, the proposed project will not alter the course or
flow of flood water significantly.
3 d. The proposed pipes will not significantly change the drainage
patters or rate of surface runoff sincee surface drai .age
swales will be used along the pipelines.
3 e,f,g. The proposed pipes will be irpezvi.ous to rround:,,ater in-
trus ion.
3 h• The surface flood water will be reduced by installing
' pipelines. The reduction of surface water is mitigated by
holding this water in a detention basin which will provide
access to free crater, openspace and groundarater recharge.
' 3 i. Since the basin will be constructed with- sufficient free
board, there will not-be any water related hazards.
' - PAGE I OF 3 -
1 `
4 a,c,d. Surface flows which support plant and aniral life will remail
' unaffected. The proposed pipes will drain the collet tic;
points where the surface mmoff would.otherwise inundate. I,
addition, most of the project's proposed pipelines will Lx
installed under the paved right of Way.
' 8. The proposed drainage plan was designed as per the Oakle,
Area General Plan.
18. Since all the proposal pipes and detention basin will bE
placed below ground, there will be no obstruction of aro
tscenic vistas.
19. Since there are no existing recreational facilities in the
area, the proposed plan will not inPact any recreational
' opportunities. The proper detention basin less 1•:.the
potential to be one a recreational facilitiles in the future.
5�
' Overlay - Verified Items:
4 b, 5 b. Overlay number 5, "Rare and bkian9e'ed Species" does nor- shot,
' any er6angered species of plants or animals wnich inhabit the
area of the proposed projecc-t.
' 13 c, d. The existing transportation systems as shc.-rn on overlay
number 17, "Major Roads", should not be affected by tl-e
Proposed Project
' Temnorary Construction Related Items:
These particular items are _ affected on a snort-term basis only aur-inc
' construction of the proposed project. Since they are only rel-,por -rY
impacts, they were found to be insignificant-
2 a,b,c. During construction of the proposed project, a s:-all amount
' of dust may occur at the project site. A dust palliative and
water should be used to ensure this dust is irsigniflcant.
In addition, the County's construction specifications include
' measures for reducing dust.
6 a,b. The noise generated by .the construction c-quiF-enr-
::it l
' minmiz
ied by operating muffled rsachinery on-Ly
working hours. The County's construes:;.i.cn
include rieasures for reducing construction roi_`.
' 13 a,b,e, f. During construction, traffic flcF-I will be s:ail:T�ii:cci .2
construction
hiqhest possible level by m.inlmzl..ng the encr;,.mac:•_ r
::-an
construction equipment issto the traveled riqht-of-•---,
County's construction specifications include mcasure!;
t providing adequate traffic control during construction.
Outside Report Item: _
' 20 a, b, c, d .
1
The Northwest Information Center perfonted an archaeological records
1 search for the proposed project site which consisted of a review :of
ethnographic, historical and archaeological maps and literature on file:at
the Northwest Information Center at Sonoma State University. The research
suggests that the area contains one recorded prehistoric archeological site
1 but no cultural resources. There is, however, the possibility that
prehistoric cultural resources exist within the project area. Should any
cultural features such as human interments, hearths, artifacts, etc. be
' encountered during construction, work should stop within a 100-foot radius
from the find and an archaeologist should be consulted iIImedi.ately regarding
steps which mist be taken before continuation of work.
Other Items•
The r, a;n;r,g items on the Initial Study form are not significantly
1 affected by this project due to the type of project being proposed.
7. This project will not produce light or glare.
9 a. This project will not s ignif i cantly increase the rate of use
of any natural resource.
10 a,b. This project will not int roy_,w any risks or interfere with
an emergency evacuation plan.
11., 12. This project will not signi fic=ntly alter. the distribution
,. or density of the population a*>j housing in the area.
1 14. This project will not sig'�icantly arZect . the . puOlic
services.
15. This project's drainage sys--=:• will nor- require energy to
1 function.
16. This project will not reauira no i utilities but may req ;re
' the minor relocation of some e_x_: ting services.
17 a,b. This project will not result in the creation of a health
Hazard_
UK:SC:clw/dmw
' DA52D.Stdy.T3 e
January 24, 1989
1
1 - .
' - PAGE 3OF3 -
A.
' THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIF IA
AS THE GOVERNING BODY OF CONTRA COSTA CO�U.NTY, ,
FLOOD CONTROL & WATER CONSERVATION DISTRICT
Adopted this Resolution on , by the followm vote:
AYES:
NOES: :.
�.. ..
1 `
ABSENT:
' ABSTAIN:
SQLITTI: N NO. 00/
SUBJECT: Amendment No. 2 of Drainage 4: ea#f52D;Adopted$lan, Reseal of Drainage Fee
Ordinance No. 98-58, and Ading of awD aim ageF rdinance for Drainage
' Area 52D, Oakley Area. Project No. 75; 4-6D822.7=01 '
The Board of Supervisors of Contra Costa F linty, as t 'e'governing body of the Contra Costa
County Flood Control and Water Conservation District, RES` 11' THAT:
serva
On October 23, 2001 the B;od adopt Respluti n roposing to amend the adopted plan for
Drainage L�rea52D, and tofrepea`;the existing drauage ee ordnance and to adopt a new drainage fee
ordinance'for.tlie drainagearea = .
On D'R�inffi % 2001, pursuant to ,the Board's Resolution of October 23, , 2001, this Board
held a hearingocoiscler:t. a ameri€1?nenfofsaid drainage area plan, the repeal of the existing drainage
fee ordinance Nok 9815 = &M-1he adoption%of a new drainage fee ordinance. All written and oral
t ,.
objectionsfpresente coYcerningthe proosed amendment of said drainage area plan, the repeal of
drainage fee ordinance R&,,�98`58 ,and adoption of a new drainage fee ordinance were considered.
41
� y P P
' n This Board FMD ?that;an valid written protests filed do not represent more than one-half of
t assessed valuation of real property contained in the proposed drainage area. This Board also
w.=: �
1 HINDS that no writtenAptition for an election, signed by at least 25 percent of the registered voters
twithin the proposed drainage area has been filed.
`,:.r:,
tappearsfrom the affidavits ofpublication on file with this Board that all notices required to
egiven forrsuch a hearing have been duly and regularly given and all procedures to be followed have
<. .k... ..,:
been followed, all in accordance with Sections 11 and 12.3 of the Contra Costa County Flood Control
' and Water Conservation District Act.
This Board.has received no resolution or ordinance adopted by an affected city requesting the
' exclusion of territory from the proposed drainage area.
The Board hereby ADOPTS the Addendum to the previously certified Negative Declaration,
' CP#00-36, for Drainage Area 52D formation.
The Board hereby also FINDS that good cause exists for the amendment of the ad d plan for
' r
aforesaid drainage area and ORDERS that Contra Costa County Flood Control'and Wate�3Conservation
District Drainage Area 52D Plan Amendment No. 2 to the adopted drainage 0lan; sjiown on the map
AN
». .
entitled, Drainage Area 52C Boundary Map and Drainage Plan mendmet t No `2;=;:zdated December
:..,t . fir:; ; a.:;
5, 2000, proposed to be instituted for the drainage area and on >«Iewth the Cl"rk_ofthe.Board of
Ate'' ,� _ a...
Supervisors, Administration Building, Martinez, California islereby INSTITTJ'IED '' '
�..:. .
The Board hereby REPEALS Ordinance No. 98-58 anel-ENAC,, rdinance
establishing drainage fees in said drainage area. i
' .h �'`�
The Board FINDS, pursuant to Government Code Sectio ;66001'(?) as follows: The purpose
'•
of the fees described in this resolution is to generate monies, o fina ce,t, econstruction of drainage
improvements within the drainage area. The fees will be us to fin 1r tl ,e�drauaage improvements
r-ain..
listed in the Engineer's Report and the Drainage Plan,:entitled"Drainage ki.ea5�2D Boundary Map and
Drainage Plan Amendment No. 2 dated December 5 20OQ which report ariftlans are on file with the
Clerk of the Board. As discussed in more detail sacl reportandin the Report on Impervious
Surface Drainage Fee Ordinance, dated Januaa 5, 198 t tli:rtyp�es,, devlopment that are subject to
the fees will generate additional im erviousl rfces a,,,. raina .. he drainage area, thus
creating a need to construct improvement , Use of the fees paid 3eac i type of development will
provide necessary infrastructure to m'tga adversetlrainage im racts that would otherwise result from
such development.
This Board hereby DIRECTS the Di' ector of on murutV. velopment to file a Notice of
Determination; and AUTHORIZES' he Publi .;`R ;Director to arrange for payment of a$25 fee to
Commuruty�Dekelopmendfor':processing, and a2'S=fee to the County Clerk for filing the Notice of
Determ ni'atoL.,"
I hereby certify that this is a true and correct
' Copy of an action taken and entered on the minutes of
the Board of Supervisors on the date shown.
ATTESTED:
' JOHN SWEETEN,Clerk of the Board
of Supervisors and County Administrator
' nY; By Deputy
' G\ft1 4\F.IdCtLAdrrpnistra(ion\Board Orders\2000 BOUteso Amend#2-DA 52D.doc
frig"lli pts` 'Y; ,�Puhltc Works(Flood Control)
r%act AcCson:;: : ; Dean Eckerson(313-2271)
cc: County Administrator Ralph Gar-row&Cardinale
' Community Development P.O.Box 367
Building Inspection Antioch,CA 94509
County Counsel Building Industry Association
County Assessor Eastern Division
' County Treasurer—Tax Collector 1280 Blvd.Way,#211
Auditor/Controller Walnut Creek,CA 94596
PW-Accounting—F.Scudero David Lennon
T.Torres,Env. Hoffman Company
' City of Oakley P.O.Box 907
Building Industry Association Concord,CA 94522
P.O.Box 5160 Steve Millar
San Ramon,CA 94583 Warmington Homes
3160 Crow Canyon Place,Ste 200
' San Ramon,CA 94583