HomeMy WebLinkAboutRESOLUTIONS - 02251986 - 86-92 . 1--0219
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on February 25, 1986, by the following vote:
AYES: Supervisors Fanden, Schroder, McPeak, Torlakson and Powers
NOES: None
RESOLUTION NO. 80/92
ABSENT: None (West's Water Code App.
Ch.63, Sec.12.2 and 12.3)
ABSTAIN: None
SUBJECT: Notification of Hearing to Consider the Establishment of Drainage Area
48B , to Institute Drainage Plans Therefor, and to Enact a Drainage Fee
Ordinance, West Pittsburg Area. Project #7505-6F8184.
The Board of Supervisors of Contra Costa County, as the Governing Board
of the Contra Costa County Flood Control and Water Conservation District, RESOLVES
THAT:
The Contra Costa County Flood Control and Water Conservation District
Act, hereinafter referred to as Act, provides authority for said Governing Board
to establish drainage areas, institute drainage plans therefor, and enact drainage
fee ordinances.
This Board has before it for consideration the proposed establishment
of Drainage Area 48B consisting of that real property described in Exhibit "A",
attached hereto and incorporated herein by reference.
This Board also has before it the Engineer' s Report and the Drainage
Plan, entitled "Drainage Area 48B, Boundary. Map and Drainage Plan," dated November,
1985, proposed to be instituted for Drainage Area 48B.. Said documents, which .
show the general location of said Drainage Area and provide an estimate of the
cost of the facilities to be .borne by property in the Drainage Area, are on file
with, and may be examined at, the office of the Clerk of the Board of Supervisors,
Administration Building, 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 48B be established, that a drainage
plan be instituted therefor, and that the attached drainage fee ordinance be
enacted.
At 10:30 a.m. on April 8, 1986, in the Chambers of the Board of Super-
visors, 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 said
Drainage Area. At said hearing this Board will consider and act upon the Negative
Declaration and will hear and pass upon any and all written or oral objections to
the establishment of the Drainage Area, the institution of the drainage plan, and
the enactment of the attached drainage fee ordinance. Upon conclwsion of the
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 Section 6066, once a week for two (2) successive
weeks prior to the hearing in the "Pittsburg Post-Dispatch", 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. 86/92
The exterior boundaries of said Drainage Area include lands within the
sphere of influence of the City of Pittsburg. 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.
I hereby crtify tha:this is a true andeorrec'copy Of
an actin^taken and enjer_d on the rtnstes of the
Board of Si per:isars on tho date shown.
AT TEST F-0: _GF R 2 5 1Q86
PH!L 0ATC:-sP1-1,M, Clerk of the Board
of 54F.;•vt;o:s srd C unty Administrator
By .01 Deputy
AF:sj
AF:DA48B.Resol .Notif
Orig. Dept:, Public Works Department,
Flood Control Planning
cc: County Administrator
Community Development
Building Inspection
County Counsel
County Assessor
County Treasurer - Tax Collector
County Auditor - Controller
Chief Engineer
Flood Control Planning
Accounting
Engineering Services
Ralph Garrow, Inc.
P.O. Box 367
Antioch CA 94509
Building Industry Association
of Northern California
1280 Boulevard Way
Walnut Creek CA 94595
City of Pittsburg
P.O. Box 1518
Pittsburg, CA 94565
RESOLUTION NO. 86/92
EXHIBIT "A" _
CONTRA COSTA COUNTY FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
DRAINAGE AREA 48B
A portion of Sections 10, 11, 14, 15, 16, 21, 22, and 27 of Township 2 North,
Range 1 West, Mount Diablo Base and Meridian, Contra Costa County, California.
References to boundary lines and ownership are to Official Records of said County.
Point of Beginning on the south line of the northwest quarter of said 'Section_10,
distant thereon South 88058120" East 42.96 feet from the west quarter corner• of
Section 10, as said quarter corner is shown on the map of Shore Acres Unit No. 2,
recorded October 3, 1951, in Book 45 of Maps at Page 2. Said Point of Beginning
is further described as being an angle point -on the boundary of "Contra Costa
County Flood Control and Water Conservation District Drainage Area .48C,"
established March 20, 1984, by Contra Costa County Board of Supervisors' Resolution
No. 84/163.
Thence from said Point of Beginning, along the boundary of said "Drainage Area
48C," as follows:
Thence along the centerline of Pacifica Avenue, North 88058120" West 42.96 feet,
to the west quarter corner of .Section 10; thence along the west line of Section
10, South 00056142" West 530 feet; thence in a straight line, Easterly 1,000
feet, more or less, to a point that bears North 00056142" East 1,276 feet from
the north corner of Lot 33, Tract 4663, filed October 20, 1977, in Book 203 of
Maps at Page 31; thence South 00056142" West 1,276 feet to said north corner;
thence along the northwest lines of Lots 33 and 32 (203 M 31), South 66006132"
' West 96.37 feet, to the west corner of Lot 32; thence along the southwest line of
' 9
Lot 32, South 23053128" East 102 feet, to the northwest line of Riverside Drive;
thence along said northwest line and its southwesterly prolongation, South
66006'32" West 80 feet, more or less, to the northwesterly prolongation of the
northeast line of Lot 37 (203 M 31); thence along said prolongation and northeast
line, South 23053'28" East 157.42 feet, to a point on the boundary of Tract 4663;
thence along said boundary, South 63037'26" West 135.99 feet, to the most southerly
:77-:
corner thereof, being an angle point on the northeast line of Contra Costa Canal
right of way deeded to the United States of America and recorded December 20,
1938, in Volume 492 at Page 207; thence along said northeast line, South 190221
East 215.8 feet and South 150501 East 245.8 feet, to the south line of Section
10; thence along said south line, Westerly 948 feet, more or less, to the southwest
corner of Section 10, being also the northeast corner of Section 16; thence along
the east line of Section 16, Southerly 170 feet; thence in a straight line,
Westerly 1,560 feet, to a point distant 40 feet northerly, at right angle
measurement, from the north line of Evora Road, (said north line being the
north line of PARCEL 8A deeded to the State of California and recorded September
28, 1976, in Volume 8033 at Page 425); thence North 440301 West 375 feet; thence
in a straight line, Westerly 850 feet, more or less, to a point on the west line
of the northeast quarter of ' Section 16, distant thereon 190 feet northerly of
said north line of Evora Road; thence in a straight line, Westerly 400 feet, to a
point distant 35 feet northerly, at right angle measurement, from the north line
of Evora Road, (said north line being the north line of PARCEL 2 deeded to .the
State of California and recorded August 8, 1974, in Volume 7293 at Page 223);
thence in a straight line, Southerly 470 feet, more or less, to an angle point on
the boundary of PARCEL 1, (7293 OR 223), being the intersection of courses
recorded as "North 4502814411 East 336.02 feet * and North 74026123" East 338.17
feet;" thence leaving said angle point, South 600 West 870 feet; thence West 930
feet, more or less, to the south line of Evora Road, (said south line being the
south line of said PARCEL 2); thence along said south line, in a general south-
westerly direction, 700 feet, more or less, to the west line of Section 16.
Thence leaving the boundary of "Drainage Area 48C,11 along the west line of
Section 16, South 0102013411 West 2,100 feet, more or less, to the southwest
corner of PARCEL A, Subdivision MS 9-83, filed January 20, 1984, in Book 109 of
Parcel Maps at Page 11; thence continuing along the west line of Section 16,
South 0102013411 West 1,050 feet; thence South 46030' East 1,350 feet; thence
North 760 East 300 feet; thence South. 660 East 1,280 feet; thence in a straight
line, Easterly 200 feet, more or less, to a point on the west line of the northeast
quarter of Section 21, distant thereon 980 feet southerly of the north quarter
corner; thence along said west line, South 340 feet, to the south line of the
north half of the northeast quarter of Section 21; thence along said south line,
East 640 feet; thence South 180 East 820 feet; thence North 820301 East 630 feet;
thence South 590 East 880 feet; thence in a straight line, Southwesterly 200 _
feet, more .or less, to a point on the south line of the northeast quarter of
Section 21, distant thereon 500 feet westerly of the east quarter corner; thence
South 390 West 650 feet; .thence South 060 West 450 feet; thence South 680 East
600 feet; thence South 01030' East 580 feet; thence in a straight line, South-
easterly 720 feet, more or less, to the intersection of the east line of Section
21 with the northeast line of the United States Naval Reservation recorded March
26, 1962, in Volume 4106 at Page 57; thence along said northeast line, South
39009130" East 300 feet, more or less, to the north line of Section 27; thence .
South 33030' East 460 feet; thence South 470 East 1,010 feet; thence South 590
East 440 feet; thence North 700 East 700 feet; thence in a straight line, South-
easterly 900 feet, more or less, to the intersection of the west line of -the
northeast quarter of Section 27 with the northeast line of the United States
Naval Reservation (4106 OR 57); thence along said northeast line, South 53013'31"
East 360 feet; thence North 300 East 950 feet; thence in a straight line, North-
westerly 1,510 feet, more or less, to a point on the west line of the southeast
quarter of Section 22, distant thereon 100 feet northerly of the south quarter
corner; thence along said west line, North 1,940 feet; thence North 590 East 480
feet; thence North 380 East 550 feet; thence North 090 West 380 feet; thence
North 320 East 470 feet; thence in a straight line, Northeasterly 630 feet, more
or less, to a point on the east line of Minor Subdivision 93-81, filed October
24, 1983, in Book 108 of Parcel Maps at Page 2, (said point bears Southerly
1,200 feet along said east line from the north line of Section 22); thence along
said east line, Northerly 1,200 feet, North 00001148" West 102.42 feet, North
19010126" East 1,304.23 feet, North 88055103" East 377 feet, North 25042145" East
1,087.53 feet, and North 00000130" West 438.38 feet, to the northeast corner of
PARCEL C (108 PM 2), being a point on the west line of Section 14; thence along
said west line, North 00000130" West 263.19 feet, to the north line of Highway 4,
deeded to. the State of California and recorded June 26, 1951, in Volume 1784 at
Page 281; thence along north line, South 70053130" East 42.82 feet and South
70042144" East 517.35 feet, to the west line of Canal Road; thence crossing Canal
Road, Northeasterly 90 feet, more or less, to the west corner of that parcel of
land deeded to Jack and Christina Edwards and recorded March 28, 1972, in Volume
6617 at Page 517, (said west corner being a point on the northeast line of Canal
Road right of way); thence along said Canal Road right of way, South 54001138"
East 140 feet, South 74044' East 386.54 feet, and North 89046' East 270 feet,
more or less, to the southerly prolongation of the west line of that parcel of
land deeded to George and Victoria Chapman and recorded March 14, 1980, in Volume
9771 at Page 488; thence along said prolongation and west line, North 00016' West
767.6 feet, to an angle point on the boundary of said Chapman parcel; thence
along said boundary, North 89046' East 280.08 feet and North 00042' West 312.1
feet, to the south line of that parcel of- land deeded to Mario and Theresa Lucido
and recorded June 23, 1937, in Volume 441 at Page 73; thence along said south
1,ine, 'North 89049' West 307 feet, more or less, to the southwest corner thereof;
thence along the- west line of said Lucido parcel and its northerly prolongation,
North 00029130" East 409.84 feet, to the southwest corner of Tract No. 2656,
filed May 8, 1959, in Book 72 of Maps at Page 49; thence along the south line- of
said Tract, South 72017 37" East 141.06 feet, to the centerline of 60 feet wide
Clearland Drive (72 M 49); thence along said centerline and its northerly
prolongation, North 00051123" East 636.03 feet, to the westerly prolongation of
the south line of Lot 2 (72 M 49); thence along said prolongation, South 89008'37"
East 119 feet, to the southwest corner of said Lot 2; thence along the west line
of Lot 2, North 00051123" East 100 feet, to the northwest corner thereof, being a
point on the boundary of said Tract (72 M 49); thence along said boundary, South
89008137" East 56. feet and North. 420081 East 39.29 feet, to the north corner of
Lot 1 (72 M 49), being also an angle point on the boundary of Subdivision 2868,
filed November 14, 1960, in Book 80 of Maps at Page 4; thence along the boundary
of Subdivision 2868, North 42008' East 213.19 feet and North 00053'13" East 70
feet, to the northwest corner thereof, being a point on the east line of PARCEL
ONE deeded to Sophie 'Englander and recorded April 21, 1975, in Volume 7483 at
Page 523; thence along the boundary of said Englander parcel, North 00000130" .
East 60 feet, North 89058'30" West 150 feet, and North 00001130" East 148 feet,
to the south line of Willow Pass Road; thence continuing North 00001130" East 72
feet to the north line of Willow Pass Road; thence along said north line, South
89007'22" East 200 feet, more or less, to a point on the east line of that parcel
of land deeded to Dexter Corporation, recorded October 31, 1969, in Volume 5995
at Page 782, and shown on the Record of Survey Map filed June 18, 1975, in Book
59 of Land Survey Maps at Page 22; thence along the boundary of said Dexter
Corporation parcel , North 00052138" East 127 feet, South 89007'22" East 48.63
feet, and North 00052138" East 312.56 feet; thence continuing North 00052'38"
East 2,110 feet, more or less, to the south line of the Sacramento Northern
Railroad right of way; thence along said south - Tine, North 71018132" West 1,970
feet, more or less, to the east line of Section 10; thence continuing along said _
south line,. North 71018135" West 1,787.73 feet and North 76049'35" West 643.77
feet, to the northeast corner of that parcel of land deeded to Merle L. Ferre and
recorded February 26,,. 1980, in Volume 9746 at Page 17; thence along the boundary.
of said Ferre parcel, South 00043130" West 200 feet and North 76049135" West
338.2 feet, to the east line of Port Chicago Highway; thence along said east
line, South 00043'30" West 368 feet, more or less, to the easterly prolongation
of the north line of Skipper Road, as said road is shown on the map of Shore
Acres Unit No. 1, recorded February 13, 1951• in Book 43 of Maps at Page' 13;
thence along said prolongation, North 88031104" West 40 feet, crossing ' Port
Chicago Highway, shown as "County Road D-24" on said map; thence along .the
boundary of Shore Acres Unit No. 1, North 00043130" fast 100 feet and North
88031104" West 399.65 feet, to the east line of Lot 30 (43 M 13); thence along
the boundary of said Lot 30, South 39042108" West 36.92 feet and North 88058120"
West *76.90 feet, to the east line of Anchor Drive; thence along said east line,
South 01001140" West 17.03 feet, to the easterly prolongation of the north line
of Lot 61 (43 M 13); thence along said prolongation and north line, North 88058'20"
West 160 feet, to the northwest corner of Lot 61; thence along the west lines of
Lots 61 thru 65 (43 M 13), South 01001140" West 212.17 feet; thence along the
northwest lines of Lots 65 thru 71 (43 M 13), South 30007156" West 320.14 feet;
thence along the west lines of Lots 71 thru 73 (43 M 13), South 01001140" West
153.84 feet, to the northeast corner of Lot 77 (43 M 13); thence along the north
line of Lot 77, North 88058120" West 100 feet, to the east line of Bay Drive;
thence crossing Bay Drive, North 88058120" West 50 feet, to the northeast corner
of Lot 127 (43 M 13); thence along the north line of Lot 127, North 88058120"
West 100 feet, to the west line thereof; thence along said west line and its
southerly prolongation, South 01001140" West 142.5 feet, to the centerline of
Pacifica Avenue, shown as Flumaveg Road on said map (43 M 13); thence along said
centerline, being also the south line of the northwest quarter of Section 10,
North 88058120" West 1,510 feet, to the Point of Beginning.
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EXHIBIT "B"
ORDINANCE NO. 86-
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 48B
The Board of Supervisors of Contra Costa County, as the Governing Board 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 48B, Boundary Map and Drainage Plan" , dated November, 1985 , on file with the
Clerk of the Board of Supervisors, is adopted as the drainage plan for Drainage
Area 48B pursuant to Sections 12.2 and 12.3 of the Contra Costa County Flood
Control and Water Conservation District Act (Chapter 63 of West' s Appendix to the
Water Code) .
SECTION II. FINDINGS. This Board finds and determines that said drainage
area has inadequate drainage facilities, that future subdivision and development
of property within said drainage area will have a significant adverse impact on
past and future developments, that development of property within the drainage
area , with its resultant increase in impervious surfaces, will require the
construction of the facilities described in the drainage plan; that the fees
herein provided to be charged are uniformly applied on a square foot of impervious
surface basis and fairly apportioned within said drainage area on the basis of
benefits conferred on property upon which additional impervious surfaces in said
drainage area are constructed; that the estimated total of all fees collectible
hereunder does not exceed the estimated total costs of all drainage facilities
shown on the drainage plan; and that the drainage facilities planned are 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 other act of
God, provided the resultant structure has the same, or less impervious surface as
the original structure; 2) To modify structures or other impervious surfaces,
provided the amount of ground coverage is not increased 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.
ORDINANCE NO. 86/ Page 1 of 4
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
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 $285 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 33 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. Town house, condominium,and cluster housing type
subdivisions creating individual lots less than 4,000 square feet shall be
treated as multi-family 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
Building Permit Subdivision
Commercial/Industrial/Downtown Office $13,570/acre $14,575/acre
Office (Medium) : 11,630/acre 12,995/acre
Office (Light) : 9,730/acre 10,970/acre
Multifamily Residential (Including Mobile
Home Parks) :
Less than 2,500 sq. ft. of land per unit 10,690/acre 10,690/acre
2,500 to 2,999 635/unit 635/unit
3,000 to 3,999 725 If 725 "
4,000 to 4,999 845 If 845 "
5,000 to 5,999 965 If
965 "
6,000 to 6,999 1,085 If 1,085 "
7,000 to 7,999 1,200 1,200 "
8,000 + 1,260 1,260 "
Single Family Residential :
4,000 to 4,999 sq. ft. of land per unit 890/unit 1,420/unit
5,000 to 5,999 925 " . 1 ,480 "
6,000 to 6,999 965 1,540 "
ORDINANCE NO. 86/ Page 2 of 4
1
7,000 to 7 ,999 1,005 1,600 "
8,000 to 9,999 1 ,065 " 1,685 "
10,000 to 13,999 1,185 1,860 "
14,000 to 19,999 1,385 2,140 "
20,000 to 29,999 1,710 2,565 "
30,000 to 39,999 2,120 3,060 "
40,000 + 2,545 3,530 "
Agricultural •
Under 10% of lot impervious Exempt
More than 10% of lot impervious 12,935/acre of developed portion
On single family lots, barns and sheds in excess of 400 square feet and
tennis and sports courts shall not be considered as incidental residential
facilities included in the above fee schedule. The drainage fee for the portion
of these facilities in excess of 400 square feet shall be calculated using the
square foot fee in Section V, and it shall be in addition to the above fee amounts.
For the purpose of this ordinance, subject to Section VI , lot size shall
be: (1) for existing lots, that land shown on the latest equalized assessment
roll as a lot; or (2) for new subdivision lots, that land shown on the final or
parcel map as a lot. The fee amounts under "Single Family Residential " shall
apply to lots containing only one dwelling unit. For multifamily residential
(including mobile home parks) the "square feet of land per unit" shall be the
quotient obtained by dividing the lot size in square feet by the number of
dwelling units proposed to be on the lot.
SECTION VIII. FEE 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, main-
tenance, and operation or reimbursement 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: CREDIT. Drainage fees previously paid shall be credited
as follows:
a) Where drainage fees have been partially paid under a former Ordinance,
fees shall not be required for any part of the total area for which the
fee was paid.
b) Where drainage fees have been paid other than pursuant to an adopted
drainage fee ordinance, credit shall be given for the dollar amount of
the fee paid for the development site.
ORDINANCE NO. 86/ Page 3 of 4
1 • ^
C) Where drainage fees have been paid pursuant to this ordinance or other
ordinance based on impervious surface, the credit shall be based on the
ordinance in effect at the time of the additional payment.
SECTION X. EFFECTIVE DATE. This ordinance becomes effective 60 days after
passage, and within 15 days of passage shall be published once with the names of
supervisors voting for and against it in the Pittsburg Post-Dispatch, a newspaper
published in this county.
PASSED AND ADOPTED ON by the following vote:
AYES:
NOES:
ABSENT:
Chairperson of the Board
ATTEST: PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
By
Deputy
AF:sj
AF:DA48B.Exh.B
ORDINANCE NO. 86/ Page 4 of 4