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HomeMy WebLinkAboutRESOLUTIONS - 01011981 - 1981-1339 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Notification of Hearing � to Consider the Establisbment of Drainage Area 56, to Institute Drainage Plans } Therefor, and to Enact a Drainage Fee Ordinance } Antioch Area } RESOLUTION NO. 81/1339 Project #7505-6F8152 } (WATER CODE APP'. SS 63-12.2 & } 12.3) 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 its governing board to establish drainage areas, institute drainage plans therefor, and enact drainage fee ordinances. This Board has before it for consideration the proposed establishment of Drainage Area 56 consisting of that real property as described in Exhibit "A", attached hereto and incorporated herein by reference. The Board further has before it the Draft Environmental Impact Report, the Engineer's Report and the drainage plan entitled "Drainage Area 56, Boundary Map and Drainage Plan," dated October 6, 1980, proposed to be instituted for Drainage Area 56. Said documents, which show the general location of such area and provide an estimate of the cost of the facilities to be borne by property in the Drainage Area are on file with, and may be examined at the office of the Clerk of the Board of Supervisors, Administration Building, Martinez, California. A proposed drainage fee ordinance, providing for all or part payment of the facilities described in said drainage plan, is attached hereto and marked Exhibit "B". It is proposed that Drainage Area 56 be established, that a drainage plan be instituted therefor, and that the attached drainage fee ordinance be enacted. At 10.30 a.m. on January 5, 1982, in the Chambers of the Board of Supervisors, Administration Building, Martinez, California, this Board will conduct a public hearing on the proposed establishment of said Drainage Area and the adoption of the attached drainage fee ordinance and the drainage plan for the said Drainage Area. At said hearing, this Board will consider and act upon the Environmental Impact Report and will hear and pass upon any and all written or oral objections to the establishment of the Drainage Area, the institution of the drainage plans, and the enactment of the attached drainage fee ordinance. Upon conclusion of hearing, the Board may abandon the proposed drainage area, plans and enactment of the attached 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 SS 6066, once a week for two (2) successive weeks prior to the hearing in the "Antioch Daily Ledger," a newspaper of general circulation, circulated in the area proposed to be formed into said Drainage Area. Publication shall be completed at least seven (7) days before said hearing and said notice shall be given for a period of not less than twenty (20) days. RESOLUTION NO. 81/1339 The exterior boundaries of said Drainage Area includes lands within the corporate limits of the City of Antioch. The Clerk of this Board is DIRECTED to forward to the governing body of said city a copy of this Resolution at least twenty (20) days before the above noted hearing. PASSED by the Board on November 24 , 1981 by the fallowing vote : AYES: Supervisors Fanden, Schroder, Torlakson, Powers NOES: None ABSENT: Supervisor McPeak iftlobym Ntythetthtsis*&M#ffiao mw0Wpf an 4006n WM and onftmd on the Minwtwl of tho 80"of SUPOVAoota on the date shown. ArTESrED NOV 2 41981 J.R. OL3$0NI, COUNTY CLERK and ex officio Clerk of tho 8o" BY at .... Originator: Public Works Department Flood Control Planning & Design cc: County Administrator County Counsel Public Works Director Flood Control Division City of Antioch, 212 H Street, Box 130, Antioch, CA 94509 REESOLUTION NO. 81/1339 CONTRA COSTA COUNTY Ftp` JD CONTROL AND I WATER CONSERVATION DISTRICT I DRAINAGE AREA 56 ' f EXHIBIT A I i 1 All the property situated in Contra Costa County, State of 2 California, the boundary of which is described as follows. I 3 All references to boundary lines, ownerships and acreages are of I 4 the Official Records of Contra Costa County, California. 5 if Commencing at a point on the center line of Sand Creek Road, 6 ! said point being the common corner of sections 3, 4, 9 and 10 of Township 1 7 EI north, range 2 east, Mount Diablo Meridian; thence northerly along the center $ i line of Sand Creek Road, 117.53 feet to the True Point of Beginning of this i g ;j description; thence fromsaid True Point of Beginning continuing northerly 10 1 850 feet, more or less, along the said center line of Sand Creek Road to 11 a point on the general northwesterly boundary of Contra Costa County Flood 12 Control and Water Conservation District Drainage Area 30C; thence in a i 13 general northeasterly direction, along the boundary of said Drainage Area 30C, 14 ( 10,200 feet, more or less, to the intersection of the center lines of Empire 15 Avenue and Carpenter Road, said intersection also being a point on the i 16 general westerly boundary of the Contra Costa County Flood Control, and Water 17 Conservation District Drainage Area 30A; thence, in a general northwesterly 18 i direction 3900 feet, more or less , along the boundary of said Drainage Area 19 30A to the center line of Laurel Road; thence westerly along the centerline 20 of Laurel Road, 265 feet to the centerline of Live Oak Avenue; thence north- 21 erly along the centerline of Live Oak Avenue, 390.72 feet to the easterly 22 prolongation of the southern boundary of that parcel of land described to I 23 ' William Rogers, in instrument recorded January 24, 1969 in Book 5798 of 24 Official Records at page 211 ; thence westerly along said prolongation and 1 25 southern boundary, 170 feet; thence north 300 west, 1040 feet, more or less, ! 26 to a poi.rit on the northern boundary of said Rogers parcel (5798 OR 211 ); 27 thence westerly along said northern boundary, 90 feet, more or less, to the 28 most easterly line of that parcel of land described in the deed to Gene and 29 Ruth Stonebarger, recorded April 28, 1964 in Book 4605 of Official Records at 30 page 681 ; thence northerly along said easterly line of said Stonebarger 81 parcel (4605 OR 681 ), 160 feet; thence north 300 west, 780 feet, more or less I 32 to a point on a northern boundary of said Stonebarger parcel (4605 OR 681 ); i i'' DRAINAGE AREA 56 i I " 1 thence westerly along the northern boundary of said Stonebarger parcel 2 (4605 OR 681 ), 160 feet, more or less, to an interior corner; thence northerly 3 along the boundary of said Stonebarger parcel (4605 OR 681 ) 140.5 feet to the 4 =southeasterly corner of PARCEL "B" as said parcel is shown on the Record 5 of Survey Map filed August 24, 1978 in Book 64 of Licensed Surveyor's Maps at 6 page 50; along the southerly line of PARCEL "B" and PARCEL "A" of said map 7 (64 LSM 50) north 89052119" west 963.53 feet to the southeasterly corner of 8 PARCEL A as said parcel is shown on the Record of Survey Map filed October 20, 9 d1965 in Book 37 of Licensed Surveyor's Maps at page 50; thence, along the 10 j' common boundary of said PARCELS A (37 LSM 50 & 64 LSM 50) north 1025`41" east 11 140.00 feet and north 89052' 19" west 291 .64 feet to the easterly right of way 12 line of Neroly Road; thence northerly 214.78 feet, along said easterly right 13 of way line to the easterly prolongation of the southerly line of "Subdivision 14 4401 " as shown on the map filed December 9, 1976 in Book 191 of Maps at page 3 15 i? 44; thence, along said prolongation and southerly line, north 89032'21" west 16 293.65 feet to the southwest corner of Lot 19 as said lot is shown, on said 17 map of "Subdivision 4401" (191 M 44) ; thence, along the westerly boundary 18 of said Lot 19, north 0025'59" west 207.56 feet to the southerly right of way 19 line of Frandoras Circle; thence, along said southerly right of way line, 20 south 89034'01" west 60.16 feet; thence, leaving said line north 0025'59" west 21 56.00 feet to the northerly right of way line of said Frandoras Circle; 22 thence, along said northerly right of way line, westerly along the arc of a 23 curve, concave to the north having a radius of 342.00 feet through a central 24 angle of 3023'26" an arc distance of 20.24 feet to the easterly line of Lot 22 25 of said "Subdivision 4401 " (191 M 44); thence along said easterly line,, north 26 40025'59 -west 457.37 feet; thence along the northerly or northeasterly line 27 of Lots 22, 23, 24, 25, and 26 of said "Subdivision 4401" (191 M 44), the 28 following two courses, south 8'9034'01" west 274.96 feet and north 65005'47" 29 west 382.13 feet to the southwesterly corner of Lot 28 of said "Subdivision 30 4401" (191 M 44); thence along the westerly line and its northerly pro- 31 longation of said Lot 28, north 0027' 39" east 231.00 feet to the north- 32 erly line of said Frandoras Circle; thence, along said northerly line, { -2- 1 DRAINAGE AREA 56 j i 1 westerly 290 feet, more or less , to the most easterly corner of Lot 8 of 2 said "Subdivision 4401" (191 M 44); thence, along the easterly and north.. � i 3 erly lines of said Lot 8, north 12029` 32" west 219.83 feet and north 4 t 89032'21" west 222.05 feet to the northwest corner of said Subdivision id corner being on the easterly right of way I 5 � 4401 , said g Y 9 Y line of the California f 6 State Freeway; thence, along said easterly right of way line, northerly 7 642.10 feet to the most westerly corner of "Subdivision 4869" as said subdi- f 8 vision is shown on the map filed March 8, 1979 in Book 223 of Maps at 9 k page 1 ; thence, along the southerly line of said subdivision, south 89051 ' 29" 10 i east 379.05 feet to the easterly line of Calle De Oro as shown on said map 11 (223 M 1 ); thence, along said easterly line, north 11012'26" east 343.14 12 feet to the most northerly corner of Lot 7 as shown on said map (223 M 1) ; 13 thence, along the northerly line of said Lot 7, south 7804734" east 14 274.96 feet to the easterly line of said "Subdivision 4869" (223 Ml) ; 15 thence, along said easterly line and its northerly prolongation, north 16 0025'59" west 443.30 feet to the northerly right of way line of Oakley 17 Road; thence, along said northerly right of way line, westerly 1700 feet, 18 more or less, to the easterly line of "Subdivision MS 122-76" filed July 28, 19 1977 in Book 56 of Parcel Maps at page 36; thence, along said easterly line, 20 north 1018' 50" east 309.99 feet to the southerly line of PARCEL "C" as 21 shown on said map (56 PM 36) ; thence, along said PARCEL "C" the following 22 2 courses, north 89046'42" west 105.38 feet and north 0045'30" east 23 295.64 feet to the northeast corner of PARCEL `b" of said "Subdivision 24 MS 122y-76 (56 PM 36); thence north 89052'21" west 197.50 feet along the 25 northerly line and its westerly prolongation of said PARCEL "D" to the 26 centerline of Phillips Lane; thence, along said centerline of Phillips Lane, 27 northerly 25 feet to the northeasterly corner of Lot 16 as said lot 7JS - 28 shown on the map of "Subdivision of Lands of Frank Peabody" filed October 29, 29 1902 in Book C of Maps at page 68; thence, along the northerly line of said 30 Lot 16, easterly 660 feet to the westerly line of the lands of Pacific 31 Gas and Electric Company; thence, along said westerly line, southerly 640 32 feet, more or less, to the northerly line of Oakley Road; thence, along 3y- A i s DRAINAGE AREA 56 jI I) 1 { said northerly line, westerly 100 feet, more or less, to the southeasterly 2 f� corner of the parcel of land described in deed to Albert and Gemni L. 3 I `Morales recorded February 20,1973 in Book 6867 of Official Records at-page 4 i� 558; thence, along the boundary of said parcel the following 3 courses, i 5 north 207.50 feet, west 190 feet and south 207.50 feet to the said north- 6 erly line of Oakley Road; thence along said northerly line, westerly 940 7 feet, more or less, to the southeasterly corner of PARCEL B as shown on 8 the map of "Subdivision M5 158-77" filed January 23, 1978' in Book 62 9 ? of Parcel Maps at page 32; thence, along the easterly line of said PARCEL 10 B north 0012'50" east 549.46 feet to the southerly line of the lands of 11 Pacific Gas and Electric Company, thence, along said southerly line, south 12 II 89024` 30" west 854.56 feet to the easterly line of Willow Avenue; thence, 13 along said easterly line, northerly 200 feet; thence, leaving said easterly i 14 I� line, north 750 west 750 feet; thence northwesterly 480 feet, more or less, 15 to the northeasterly corner of the 14.48 acre parcel of land shown on ' Licensed 16 the record of survey map filed January 19, 1968 in Book 50 of 17 Surveyor's Maps at page 27; thence northwesterly 1275 feet, more or less , 18 to a point on the westerly line of the 20.84 acre parcel of land shown 19 on said record of survey map (50 LSM 27) which bears north 0054107" east 20 i 667.28 feet from the southwesterly corner thereof; thence, along said 21 i westerly line and its northerly prolongation, north 0054'07" east 494.64 22 feet to the centerline of Victory Highway ; thence, along said centerline, 23 westerly 770 feet, more or less, to the southwest corner of the parcel 24 of land designated John Trembath on the map filed April 5, 1937 in Book 4 25 of Land Surveyor's Maps at page 1 ; thence, along the westerly line of the 26 said John Trembath parcel , north 0017' west 358.22 feet to the southerly 27 line of PARCEL "C" as shown on the map of "Subdivision M5 113-77" filed 28 March 8, 1979 in Book 74 of Parcel Maps at page 45; thence, along said 29 southerly line, north 89021 '53" west 232.73 feet to the southwest corner 30 of said PARCEL "C"; thence, along the west line of said PARCEL "C", north 31 0037'53" east 122.95 feet to the south line of PARCEL "B" of said "Sub- 32 division MS 113-77" (74 PM 45); thence, along said south line, north I -4- j DRAINAGE AREA 56 I: f A 1 1k ;i 89021 '53" west 40.94 feet to the west line of said Subdivision MS 113-77, ,E 2 �� thence, along said west line and its northerly prolongation, north 0°37153" east 324.92 feet to the lands of Pacific Gas and Electric Company; thence, 4 IE along the boundary of said Pacific Gas and Electric Company parcel , north ai ,. 5 �� 89049' east 647.37 feet to the southeast corner of the Pacific Gas and 6 Electric Company parcel that was described as parcel l in deed recorded May 7 15, 1950 in Book 1557 of Official Records at page 303; thence, along the 8 easterly line of said parcel , north 0007' west 175 feet to the northeast 9 '; corner of said parcel ; thence, along the northerly line of said parcel (1557 10 if O.R. 303) south 89059' west 252.1 feet to the southeast corner of the parcel 11 1 of land described as parcel l in deed to Ralph Garrow, Inc. , recorded February 12 21 , 1979 in Book 9232 of Official Records at page 363; thence, along the 13 'i easterly line of said Garrow parcel , north 0017' west 355.77 feet to the 14 northeasterly corner of said Garrow parcel ; thence, along the northerly line 15 'I and its westerly prolongation of the said Garrow parcel , south 89049' west r 16 1 ,260.34 feet to the southeasterly corner of "Subdivision 2896" as .shown on 17 the map filed March 2, 1961 in Book 81 of Maps at page 42; thence, along the 18 easterly line of said "Subdivision 2896" , north 0°16'16" west 622.86 feet to 19 the northeast corner of said "Subdivision 2896" ; thence, along the northerly 20 line and its westerly prolongation of said "Subdivision 2896" south 89°47'00" 21 west 1 ,400.49 feet to the west line of Section 20, Township 2 North, Range 2 22 i East, Mt. Diablo Meridian; thence, along said west line, north 0009'30" east 23 698 feet, to the common section corner of Sections 17, 18, 19 and 20 of said 24 Township 2 North, Range 2 East, Mt. Diablo Meridian; thence,along the northerly 25 section line of said Section 19, westerly 1 ,150 feet, more or less, to the 26 'southerly prolongation of the easterly line of Minaker Drive, said easterly 27 line being described as "south 1°02'25" west 179.93 feet" in parcel one in 28 the deed to Contra Costa County recorded December 30, 1957 in Book 3096 of 29 Official Records at page 172; thence, along said prolongation and easterly 30 line, north 1002'25" east 265 feet, more or less, to the southerly right of 81 way line of the Atchison, Topeka and Santa Fe Railroad Company; thence, 32 continuing north 1002'25" east 103.55 feet to the northerly right of way line E I `5- 1 /�/•�•'�9 4z�.�; jam..: 1 f i DRAINAGE AREA 56 i 1 Eiof the said Atchison, Topeka and Santa Fe Railroad Company; thence, northerly I 2 140 feet, more or less, to the most northerly corner of the parcel of land f 3 described in deed to Contra Costa County recorded November 4, 1957 in `Beok 4 3069 of Official Records at page 65; said corner being on the westerly line of 5 ( the parcel of land described in deed to Domtar Gypsum America, Inc. , recorded 6 April 3, 1978 in Book 8774 of Official Records at page 923; thence, northerly 7 700 feet along said westerly line; thence, north 78°40' west 2,200 feet; i 8 thence, westerly 350 feet, more or less, to a point in the westerly line of the 9 29.82 acre parcel of land shown on the Record of Survey map filed April 17, 10 ji980 in Book 66 of Licensed Surveyor's Maps at page 44, which bears north 11 ii0°55'25" east 230 feet from monument number 275 as shown on said map; thence, - i 12 Along said westerly line, south 0°55`25" west 230 feet and south 47°22'25" 13 i;west 40.24 feet to the most westerly corner of said 29.82 acre parcel (66 LSM 14 1144) ; thence,continuing south 47022'25" west 50 feet to the southwesterly line i 15 ! of Fulton Shipyard Road as shown on said map (66 LSM 44) ; thence, along said 16 southwesterly line, south 42°37' 35" east 140 feet, more or less, to- the 17 centerline of Fulton Shipyard Road as said road is described in deed to Contra 18 `Costa County recorded February 5, 1954 in Book 2265 of Official Records at 19 page 154; thence, along said centerline and its westerly prolongation 1 ,100 20 feet, more or less, to the easterly line of that parcel of land described in 21 deed to Hardy H. Golston, et ux, recorded May 3, 1976 in Book 7847 of Official 22 Records at page 457; thence, along said easterly line, northerly 75 feet, more 23 or less, to the northerly line of the said Golston parcel (7847 OR 457) ; 24 ( thence, along the northerly line, north 82°15' west 355 feet and south 72'45' 25 west 223.60 feet to the westerly line of said Golston parcel (7847 OR 457) 26 thence, along said westerly line and its southerly prolongation, southerly 27 134 feet, more or less, to the southerly line of the Atchison, Topeka and 28 Santa Fe Railroad right of way; thence, along said southerly line, in a general 29 westerly direction 500 feet, more or less, to the easterly right of way line 30 lof B Street; thence, along said easterly line, southerly 475 feet, more or less, 31 ito the northerly boundary of that parcel of land described as parcel five to 32 Ruth T. Stamm, et al , in the instrument recorded February 20, 1974 in Book 7160 ii I' -6- f t DRAINAGE AREA 56 i'. I i. r I: 1 of Official Records at page 704; thence, easterly along said northerly i; � 2 boundary, 71 . 10 feet; thence, continuing along the boundary of said Stamm G 3 parcel (7160 OR 704) southerly 24. 34 feet, easterly 38.90 feet, and southerly 4 82.38 feet to the southeasterly corner of said Stamm parcel (7160 OR 704); 5 thence, westerly along its southern boundary 110 feet to the said easterly 4 6 line of B Street; thence, along said easterly line, southerly 110 feet to the i 7 ! northerly right of way line of Sixth Street; thence, along said northerly 8 line, easterly 300 feet to the northerly prolongation of the westerly right 9 il of way line of A Street; thence, along said prolongation and westerly line, 'i 10 southerly 160 feet to the south line of Lot 1 of Block 106 as per maps of the 11 j Town of Antioch; thence, along said south line and its westerly prolongation, 12 westerly 100 feet to the northwest corner of Lot 11 of said Block 106; thence, 13i along the westerly line of said Lot 11 , southerly 100 feet to the northerly 14 �� right of way line of Seventh Street; thence, along said northerly line 15 westerly 460 feet to the southeast corner of Lot 8, Block 99 as per maps of t; 16 the Town of Antioch, being a portion of that parcel of land described as 17 asset 5 to Virginia Edith Rodgers, in instrument recorded October 25, 1966 in 18 Volume 5231 of Official Records at page 290; thence, along the easterly 19 boundary of said parcel , northerly 80 feet to its northeast corner; thence, 20 along its northern boundary and its westerly prolongation westerly 50 feet, 21 northerly 20 feet and westerly 80 feet to the centerline of C Street; thence, 22 along the centerline of C Street, 130 feet to the centerline of Sixth Street; 23 thence, along the centerline of Sixth Street westerly 360 feet to the 24 centerline of D Street; thence along the centerline of D Street, southerly 25 780 feet to the centerline of Ninth Street; thence,along the centerline of 26 Ninth Street, westerly 640 feet to the northerly prolongation of the western 27 boundary of Lot 5 of Block 113 as per maps of the Town of Antioch; thence, 28 along said northerly prolongation and boundary and along the southerly 29 prolongation, southerly 260 feet to the centerline of Tenth Street; thence, 30 along the centerline of Tenth Street, westerly 80 feet to the centerline of 31 F Street; thence, along the centerline of F Street, southerly 331 , more or less , 32 to the centerline of 11th Street; thence, along the centerline of 11th Street, -7- I i, DRAINAGE AREA 56 i. i i 1 ! westerly 383 feet, more or less, to the centerline of G Street; thence, along 2 the centerline of G Street, southerly 737 feet, more or less, to the center- 3 line of 14th Street; thence, along the centerline of 14th Street, westerly 4 �1, 390 feet to the northerly prolongation of the eastern boundary of that parcel i 5 of land described in the deed to the Antioch Unified School District, recorded 6 May 6, 1947 in Book 1108 of Official Records at page 535; thence, along said ii northerly prolongation and boundary, and its southerly prolongation, southerly 8 11 ,120 feet to the centerline of W. 18th Street, said point being on the f boundary of Contra Costa County Service Area D-3; thence, along the general i 10 northeasterly line of said boundary in a general southeasterly direction 11 i� 20,000 feet, more or less, to the northwestern corner of that parcel of land 12 li described in deed to Gerald S. and Martha S. Graham recorded January 7, 1966 ,i 13 E in Book 5031 of.Official Records at page 83; thence, along the westerly line 14 ! and the southerly prolongation of the said Graham parcel , southerly 2,200 feet; ! i 15 thence easterly 2,950 feet, more or less, to the westerly line of Section 5, 16 i Township 1 North, Range 2 East, Mt. Diablo Meridian, at a point 1 ,800 feet 17 ! southerly from the northwest corner of said Section 5; thence, south 80°45' 18 east 680 feet; thence, southerly 750 feet, more or less, to the north line of 19 the south 1/2 of said Section 5 at a point 920 feet easterly from the west 20 line of said Section 5; thence, south 77030' east 760 feet; thence, south 21 57130' east 1 ,350 feet; thence, north 82°30' east 1 ,040 feet; thence, south- 22 easterly 1 ,650 feet, more or less, to the easterly line of said Section 5 23 (TlN, R2E, MDM) at a point 1 ,000 feet northerly from the southeast corner of 24 said Section 5; thence south 78°00' east 1 ,550 feet; thence, southeasterly 25 850 feet, more or less, to the southerly line of Section 4 of said Township 26 North, Range 2 East, Mt. Diablo Meridian, at a point 680 feet westerly of 27 the southerly 1/4 corner of said Section 4; thence, along said southerly line 28 of Section 4, easterly 2,050 feet, more or less, to the northwesterly line of 29 PARCEL B as said parcel is shown on the map filed October 6, 1976 in Book 48 30 of Parcel Maps at page 45; thence, along said northwesterly line, north 24°36 ' 31 36" east 130 feet, more or less, to the northerly line of said PARCEL B; thence 32 along said northerly line, north 89041 '53" east 1 ,203.21 feet to the centerline ii -8- I (' DRAINAGE AREA 56 i i R: i E 1 iof Sand Creek Road and the True Point of Biginning. 2 3 �� I 6 7 1 8 I 9 10 it 11 i 12 13 14 16 I 17 18 19 1 20 21 22 1 23 24 25 26 27 28 29 s 30 {{ 31 l 32 �r —9— i� i i r ORDINANCE NO. 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 56 The Board of Supervisors of Contra Costa County, as the governing body of the Contra Costa County Flood Control and Water Conservation District, does ordain as follows; SECTION I. DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 56 , Boundary Map and Drainage Plan" , dated October 6 , 1981 , on file with the Clerk of the Board of Supervisors, is adopted as the drainage plan for Drainage Area 56 pursuant to Sections 63-12. 2 and 63 . 12. 3 of the Contra Costa County Flood Control and Water Conservation District Act. SECTION II. FINDINGS. It is found and determined 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 past and future developments, that the fees herein provided to be charged are fairly apportioned within said drainage area on the basis of impervious area being added to said drainage area, that the estimated total of all fees collectible hereunder does not exceed the estimated total costs of all drainage facilities shown on the drainage plan, and that the drainage facilities planned are hereby found to be in addition to existing drainage facilities 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 act of God provided the resultant structure has the same, or less impervious surface as the original structure; 2) To modify structures or other impervious surfaces provided the amount of ground coverage is not increased more than 200 square feet; or 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. 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 construc- tion the fee shall be as set forth in Section VII. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be $170 per pool. For "other construction, modifications or replacements to an existing facility that causes 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 28 cents 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. Townhouse, 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. SECTION VII. FEE SCHEDULE Buildin Permit Subdivision Commercial/Industrial: 10 ,980 acre 11. ,590 acre Off ce 'Parks: 91150 " 10,980 " Multifamily Residential. ( Including Mobile .Home Parks) ; Less than 2 ,500 sq. ft. of land per unit 10,980/acre 11,590/acre 2 ,500 to 2 ,999 " " 560/unit 820/unit 31000 to 31999 " " 620 " 700 " 4 ,000 to 4 ,999 W " 710 " 810 " 51000 to 51399 " " 810 " 920 " 6 ,000 to 6 ,999 " " 910 " lr030 " 7. 000 to 7 ,999 " " 1 ,020 " 1 ,140 " 8 ,000 + " " 1 ,070 1 ,200 " Single Familg Residential: 4 ,000 to 4 ,999 sq. ft. of land per unit 750/unit 1 ,210/unit 5 ,000 to 5 ,999 " " 790 1,260 6 ,000 to 6 ,999 " " 820 " 1,310 " 7 ,000 to 7 ,999 " " 850 " 1 ,360 " 8 ,000 to 9 ,999 " " 900 " 1 ,430 " 10 ,000 to 13 ,999 " " 11000 " 1,580 " 14,000 to 19 ,999 " " 1.1170 " 1,810 " 20 ,000 to 39 ,99 + " " 1,620 " 2,390 " 40 ,000 + " " 1,980 " 2,800 " Agricultural: Under 10% of lot impervious Exempt More than 10% of lot impervious 10 ,980/acre of developed portion For the purpose of this ordinance, except as noted in Section VI, lot size shall be: (1 ) for existing lots, that land shown on the latest equalized county assessment roll as a lot; or ( 2) for new subdivision lots, that land shown on the final or parcel map as a lot. The fee amounts under "Single Family Residential" shall apply to lots containing only one dwelling unit. For multifamily residential. ( including mobile home parks) the "square feet of land per unit" shall be the quotient obtained by dividing the lot size in square feet by the number of dwelling units 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 paid into the County Treasury to the account of the drainage facilities fund established for the drainage area. Monies in said fund shall be expended solely for land acquisition, construction, engineering, administration, repair maintenance and operation or reimburse- ment for the same, in whole or in part, of planned drainage facilities within the drainage area or to reduce the principal or interest of any bonded indebtedness of the drainage area. SECTION IX. LIMITATIONS. No lot shall be subject to payment of the fee, under the terms of this ordinance, more than once, except in the case of re-subdivisions and partial payments under Sections IV and V. On the exceptions, credit for previous payments shall be based on the fee schedule in effect at the time of the additional payment. SECTION X. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of supervisors voting for and against it in the Antioch Daily Ledger, a newspaper published in this county. PASSED AND ADOPTED ON , by the following vote: AYES, NOES: ABSENT. ATTEST. J. R. Olsson, County Clerk and ex officio Clerk of the Board By Deputy Chairman of the Board