HomeMy WebLinkAboutRESOLUTIONS - 02141989 - 89-98 T
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
AS THE GOVERNING BODY-OP THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
Adopted this Resolution on February 14, 1989, by the following
vote:
AYES: Supervisors Powers , Schroder, McPeak and Torlakson
NOES: None
ABSENT: Supervisor Fanden RESOLUTION NO. 89/98
(West's Water Code App.
ABSTAIN: None Ch. 63, Sec. 12 .2 and 12 . 3
SUBJECT: Establishment of Drainage Area 67 and the Institution
of a Drainage Plan therefor, Certification of the Final
Environmental Impact Report, and Enactment of a Drainage Fee
Ordinance, Walnut Creek Area. Project No. 7505-6F8265.
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:
On January 10, 1989, this Board adopted a Resolution
proposing to establish Drainage Area 67, institute a drainage
plan, certify the Final Environmental Impact Report, and enact a
drainage fee ordinance for the drainage area.
On February 14, 1989, pursuant to the Board's order of
January 10, 1989, this Board held a hearing to consider the
establishment of Drainage Area 67 and the institution of a
Drainage Plan, the certification of the Final Environmental
Impact Report,, and enactment of a Drainage Fee Ordinance
therefor. All written and oral objections presented concerning
the proposed establishment of Drainage Area 67, institution of a
drainage plan therefor and enactment of a drainage fee ordinance
were considered.
This Board finds that any valid written protests filed do
not represent more than one-half of the assessed valuation of
real property contained in proposed Drainage Area 67. This Board
also FINDS that no written petition for. an election, signed by at
least 25 percent of the registered voters within proposed
Drainage Area 67, has been filed.
It appears from the affidavits of publication on file with
this Board that all notices required to be given for such a
hearing have been duly and regularly given and all procedures to
be followed have 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 hereby CERTIFIES that the Environmental Impact
Report submitted to it by the Community Development Department as
to the environmental impact of the proposed establishment of
Drainage Area 67 and institution of the Drainage Plan has been
completed in compliance with the California Environmental Quality
Act, and it has reviewed and considered the comments, responses,
and the information contained therein. Further, the Board,
having studied the significant impacts of the project as
described in Attachment A, adopts the associated mitigation
measures to minimize those impacts to the greatest possible
extent.
This Board hereby AGREES to the requests from the City of
Walnut Creek and the Golden Rain Foundation that (1) residents
from the Rossmoor community and the lower Tice Creek watershed,
and members of the Golden Rain Foundation will be part of a
RESOLUTION NO. 89/98
committee with members of City, County, and Corps of Engineers'
staff to study the final area-wide project; (2) no construction
will commence without public hearing and comment on the final
project plan; and (3) the existing 37 acre-foot basin at Rossmoor
Parkway will not be enlarged unless it is shown to be necessary
as a result of further measurement and analysis by the Flood
Control District.
This Board hereby also FINDS that good cause exists for the
establishment of Drainage Area 67 and ORDERS that Contra Costa
County Flood Control and Water Conservation District Drainage
Area 67 is ESTABLISHED, consisting of the real property described
in the Exhibit "A" attached hereto. The drainage plan, as shown
on the map entitled, "Drainage Area 67, Boundary Map and Drainage
Plan", dated February, 1988, proposed to be instituted for
Drainage Area 67 and on file with the Clerk of the Board of
Supervisors, Administration Building, Martinez, California, is
hereby INSTITUTED.
This Board hereby ENACTS Ordinance No. 89-12 establishing
drainage fees in said Drainage Area.
This Board hereby DIRECTS the Chief Engineer to file with
the County Clerk a Notice of Determination for this Project.
1 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: EER 14 19 2
PHIL BATCHELOR,Clerk of the Board
of Supervisors and County Administrator
by Deputy
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Ori2. Dept: Public Works Dept. (FCE)
cc: County Administrator
Community Development
Building Inspection
County Counsel
County Assessor
County Treasurer - Tax Collector
County Auditor - Controller
Chief Engineer
Flood Control Engineering
Accounting
Engineering Services
Ralph Garrow, Inc.
P.O. Box 367
Antioch CA 94509
Gregory Hodges, Development Manager
Citation Homes
597 Center Avenue, Suite 150
Martinez, CA 94553
Building Industry Association
Eastern Division
1280 Boulevard Way, #211
Walnut Creek, CA 94596
David Lennon
Hoffman Company
P.O. Box 907
Concord, CA 94522
William Thompson
Trammell Crow Company
591 Redwood Hwy. , Suite 5275
Mill Valley, CA 94941
City of Lafayette
251 Lafayette Circle
Lafayette, CA 94549
City of Walnut Creek
P. O. 8039
Walnut Creek, CA 94596
RESOLUTION NO. 89/98
CONTRA COSTA COUN'T'Y FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
DRA-MGE AREA 67
EXHIBIT A
All that property situated in Contra Costa County, California, described as
follows:
Reference to maps, documents, boundary lines, and ownerships are to Official
Records of said County.
Beginning on the centerline of Crest Avenue at the southeast corner of Tract
3096 filed May 17, 1963 in Map Book 92 at page 47; thence along the boundary
of Tract 3096 North 340 23' 35" West 264 feet North 09036' 55" East 142.28
feet, North 790 29' 20" West 70.30 feet, North 070 26' 20" West 119.07
feet, and North 340 18' 10" East 176.02 feet, to the south corner of Lot 18
Tract 3320 filed July 24, 1968 in Map Book 122 at page 5; thence along the
boundary of Lot 18, North 340 18' 10" East 28.51 feet and North 800 13' 41"
East 25.00 feet, to the southwest corner of Land Division No. 205 filed
October 1, 1979 in. Parcel Map Book 81b at page 34; thence along the south
line of Land Division 205, North 81 13' 41" East 272.79 feet, to the
southwest line of South Main Street; thence along said southwest line in a
general northwesterly direction 1,400 feet, more or less, to the southeast
corner of Subdivision MS 79-77 filed February 8, 1978 in Parcel Map Book 63 o
at page 7; thence along the boundary of Subdivision MS 79-77; North 46 43'
21" West 67.72 feet, North 680 42' West 366.44 feet, Northwesterly 264.33
feet along the arc of a curve concave to the northeast with a radius of 370
feet, and South 890 51' 42" West 8.11 feet, to the east line of Lancaster
Road (63 PM 7) ; ,thence along said east line and its northerly prolongation,
in a general northerly direction 2,000 feet, more or less, to the centerline
of Lilac Drive; thence along said centerline in a general westerly direction
1,150 feet, more or less, to the northerly prolongation of the west line
of Lot 95 Arlene Gardens Unit No. 2 filed March 5, 1947 in Map Book 32 at
page 44; thence along said prolongation and west line, South 130 24' 15"
West 150.33 feet, to the southwest corner of Int 95; thence in a direct
line, Southerly 300 feet, more or less, to the southwest corner of Lot 99
(32 M 44) being also the northwest corner of Lot 81 Arlene Gardens Unit No.
1 filed March 6, 1947 in Map Book 32 at page 50; thence along the west line
of Lot 81, South 080 30' East 136 feet and South 040 50' West 277 feet, to
the north line of Irene D. Stoller parcel recorded January 31, 1978 in
Volume 8692 at page 133; thence along the boundary of said Stoller parcel,
South 810 05' 30" west 30 feet, more or less, to the northwest corner (8692
O.R. 133) and South 130 36' 30" East 100 feet, to the northwest corner of
parcel "A" of Subdivision MS 101-74 filed February 28, 1977 in Parcel Mai
Book 52 at page 42; thence along the Boundary of said Parcel. "A", South 08
27' 30" West 112.45 feet and South 160 41' East 132.85 feet, to the most
southerly corner of Parcel "A", being a point on the east line of Thomas G.
and Penny J. Breza parcel recorded May 29, 1975 in Volume 7519 at page 708;
thence along said east line in a general southerly direction 385 feet, more
or less, to the north line of Arbutus Drive; thence along said north line in
1
,
a general westerly direction 670 feet, more or less, to the most southerly
corner of Lot 63 Parkmead Oaks - Unit No. 2 filed September 12, 1951 in Map
Book 44 at page 38; thence along the southeast line of Lot 63 and its
northeasterly prolongation, North 230 32' 04" East. 105 feet, to the east
corner of Lot 62 (44 M 38) ; thence along the northeast line of Lot 62 and
its northwesterly prolongation, North 660 27' 56" West 145 feet d to the
centerline of Poplar Drive; thence along said centerline, South 23 32' 04"
West 49.07 feet, to the centerline of Poplar Court; . thence in a direct
line, Westerly 140 feet, more or less, to the most northerly corner of Lot
80 (44 M 38) ; thence along the north line of Int 80, South 830 42' 19" West
89.72 feet, to the boundary of Parkmead Oaks - Unit No. 2 (44 M 381 ; thence
along said boundary, South 070 00' West 256.83 feet and South 25 51' 19"
West 212.72 feet, to the west corner of Lot 73 (44 M 38) ; thence South 250
51' 19" West 25 feet, to the centerline of Poplar Drive, shown as Arbutus
Drive on map (44 M 38) ; thence along said centerline, North 620 32' 22" West
145 feet, to the northeasterly prolongation of the northwest line of
Magnolia Way; thence along said prolongation and northwest line in a general
southwesterly direction 850 feet, more or less, to the north line of Rider
Drive; thence along said north line in a general westerly direction 150
feet, more. or less, 'to its terminus on the east line of Dewing Park
Subdivision filed July 24, 1913 in Map Book 10 at page 242; (said terminus
of Rider Drive is further described as being a point on the boundary of
Contra Costa County Flood Control and Water Conservation District Drainage
Area 15A) ; thence in a general southerly, westerly and northwesterly
direction along the boundary of said Drainage Area 15A, 8897.50 feet, more
or less, to the easterly terminus of the course with a bearing and distance
of north 750 01' 54" east 443.54 feet in the northerly boundary of PARCEL 26
shown on the Record of Survey filed June 18, 1965 in Licensed Surveyor's Map
Book 35 at page 23; thence leaving the boundary of Drainage Area 15A and
following the north line of PARCEL 26 (35 LSM 23) , South 750 01' 54" West
443.54 feet, to the west line of Terra California parcel recorded May 17,
1968 in Volume 5626 at page 862; thence along the boundary of said Terra
California parcel in a general southerly direction 6,600 feet, more or less,
to the northwest corner of PARCEL 2 shown on Record of Survey filed January
16, 1964 in Licensed Surveyor's Map Book 25 at page 23; thence along the
west line of PARCEL 2 and along the southerly prolongation of said west
line, South 200 20' 20" East 679.94 feet, to an iron pipe stamped RE 7595 on
the north line of Section 9, TIS, R2W Mount Diablo Meridian; thence South
170 45' 35" East 70.27 feet, to the northeast corner of Lot B shown on
Record of Survey filed January 17, 1980 in Licensed Surveyor's Map Book 66
at page 34; thence along the north line of Lot B, South 690 40' 10" West
103.46 feet and North 880 19' 30" West 132.00 feet, to the most easterly
corner of Lot A (66 LSM 34) ; thence along the boundary of Lot A. North 450
29' 31" West 169.68 feet, North 840 39' 50" West 681.36 feet, South 080 52'
07" East 214.37 feet and South 210 06' 41" East 294.68 feet, to the
northwest corner of Lot B (66 LSM 34) ; thence along the boundary of Lot B,
South 210 06' 41" East 697.63 feet, South 160 14' 46" East 1,683.09 feet,
South 840 04' 30" East 179.34 feet, South 680 06' 17" East 123.57 feet,
South 870 26' 54" East 45.58 feet, and North 000 07' 06" West 180 feet, more
or less, to the northwest corner of the southwest quarter of Section 10,
TIS, R2W M.D.M. ; thence along the north line of said southwest quarter,
Easterly 550 feet, more or less, to the west line of Tract 5218 filed
2
December 26, 1978 in Map Book 220 at, page 9; thence South 140 49' 02" West
284.70 feet to the southwest corner of Tract 5218, said southwest corner
being a point on the boundary of hereinbefore described Terra California
parcel (5626 OR 862) ; thence along the boundary of said Terra California
parcel in a general southeasterly direction 6,100 feet, more or less, to the
intersection of courses "South 520 501. East 2,113.2 feet and South 010 30'
East 1,320 feet" described in said Terra California deed (5626 OR 862) , said
intersection being also on the west line of Section 14, TIS, R2W, M.D.M;
thence South 520 50' East 1,900 feet; thence in a direct line, Easterly
1,200 feet, more or less, to the southeast corner of the northwest quarter
of said Section 14; thence in a direct line, Northeasterly 1,200 feet, more
or less, to the intersection of courses "North 590 00' West 2,200 feet and
North 390 00' West 900 feet" described in the boundary of Contra Costa
County Flood .Control and Water Conservation District. Drainage Area 13;
thence in a general northerly direction along the boundary of. said Drainage.
Area 13, 17920.30 feet, more or less, to the Point of Beginning.
DHE:LB:pg
DHE:da67des
January 10, 1989
3
ATTACHMENT "A"
SIGNIFICANT IMPACT'S
The following significant impacts would result from implementation of the
project and the associated mitigation measures will minimize the impacts to
the greatest possible degree.
A. HYEMIOGY
The proposed project could result in increased erosion, sedimentation and
reduction in surface water quality during construction and reduction in
surface water quality during construction.
ADOPTED MMGATION MFASURFS
The following mitigation measures would reduce the amount of erosion and
sedimentation to insignificant levels:
a. Limit construction activities to the dry season.
b. Pipe stream flow around active construction sites.
C. Protect high risk construction areas to confine any
spills of toxic substances.
d. Minimize disturbances to soil and vegetation.
e. Revegetate disturbed areas.
f. obtain all applicable permits for construction in the
stream channel.
B. NOISE
During construction, residents may be exposed to increased levels of noise
at the project site and along major haul routes.
ADOPTED MITIGATION MEASURES
a. Select a haul route to minimize noise impacts.
b. Use the lightest equipment that can accomplish the work
quickly and efficiently.
C. Restrict the hours during which heavy .equipment can
operate.
d. Require noise abating mufflers and turn off equipment
when not in continuous use.
e. Avoid removing vegetation and fencing.
f. Require ear protection devices for workers.
Drainage Area 67 Attachment "A"
- Page 1 -
r
:C. V 1:.17E.LL'11 O
The proposed project may require the removal of recently planted and some
established vegetation, selected lame eucalyptus trees, and landscaping.
ADOPTED 1v=GATION MEASURES
The following mitigation measures will reduce the project impacts on
vegetation to insignificant levels:
a. Follow California Department of Fish and Game .Guidelines
which require the planting of three (3) individual
species for each tree or significant shrub removed.
b. Replace landscaping with species acceptable to the
County and property owners.
C. Remove the large eucalyptus only to minimize windthrow
hazard and to favor native species.
d. Protect significant trees in construction zones by
barriers and/or measures reccarmnended by an experienced
amorist.
D. SAFETY
The proposed project may pose potential safety problems including a
continued drowning, .hazard to trespassers and danger of windfall trees in
the eucalyptus grove.
ADOPTED MITIGATION MEASURES
The following mitigation measures will reduce the project impacts on safety
to insignificant levels:
a. Install fencing to prevent entry into the bypass pipe
and to protect pedestrians from accidental falls into
project structures.
b. Restrict access to the eucalyptus grove during wet
weather months.
C. Remove root-damaged trees and gradually replace
eucalyptus with native species.
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(1/12/89)
Drainage Area 67 Attachment "A"
- Page 2 -
"B"
CMINANCS NO- 8 9- 12
AN CRDINANCE OF THE
CON !RA COSTA COUtM FIDOD CONTROL
AND
WP TER CONS RVATICN DISTRICT
1K- IRBLIMUM DRAINAGE FEES IN TIE
CONTRA COSTA COUNTY FTDOD CONTROL
AND
TATER u7c),FItVATION DISIRICr
DRAINAGE AREA 67
The Board of Supervisors of contra costa County as the governing body of the
Cati ra Costa County Flood Control and Water Coacervation District does ordain as
follows:
S,V11T3I I. CRAINAM PLAN. The drainage plan and map entitled "Drainage
Area 67, &Uxiuy Map and Drainage Plan", dated February, 1988, an 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 67
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
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 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 already serving the drainage area
at the time of the adoption of the drainage plan.
SECTION III. EKDTTIONS. The fee shall not be required for the
following: 1) Tb 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 by
more than loo square feet; 3) Tb 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 an 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 $325.00 per pool. For
other constriction, 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 $0.38 per square foot, but not to exceed the amount required
under Section VII.
ORDINANCE NO. 8 9-12
' -SrmCt1 VI. SUBDIVISICNS. 4bcoept as permitted under Sections III and N,
the 'subdivider shall pay the drainage fee an 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 hOU e, ooci mirhithhm,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.
Z=ept 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.
SECTIC N VII. FEE SCIMEW E Building Permit Subdivision
=ice _ $15,625/acre $16,785/acre
Office (Medium) 13,390/acre 14,965/acre
Office (Light) : 11,205/acre 12,630/acre
)Wtifamily Residential (1=19diW Mobile '
Biome Parks) :
Less than 2,500 sq. ft. of land per unit 12,310/acre 12,310/acre
2,500 to 2,999 to It 730/unit 730/trait
3,000 to 3,999 it If 835 " 835 "
4,000 to 4,999 to to 975 " 975 It
5,000 to 5,999 is to 1,115 " 1,115 of
6,000 to 6,999 of to 1,250 " 1,250 "
7,000 to 7,999 it of 1,385 " 1,385 "
80000 + It to 1,450 " 1,450 "
Sincae Family Residential:
4,000 to 4,999 sq. ft. of land per unit $1,020/unit $1,640/twit
50000 to 5,999 If of 1,070 " 1,705 "
6,000 to 6,999 of " 1,115 " 1,775 "
7,000 to 7,999 If It 1,160 " 1,845 "
8,000 to 9,999 IT " 1,230 " 1,940 "
10,000 to 13,999 " If 1,365 " 2,140 "
24,000 to 19,999 it " 1,590 " 2,460 if
20,000 to 29,999 " " 1,970 " 2,955 "
30,000 to 39,999 of It 2,445 " 3,525 "
40,000 + It " 2,930 " 4,060 "
l,ariailtural
Under 10% of lot inpervieus Exempt
More than 10% of lot impervious 14,895/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.
SECTTICN VIII. FEE PAYMERr. The official having jurisdiction may aooept
cash or check, or, when authorized by the District's Chief Engineer, other
oonsideiation such as actual cots xuctian 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 aeoant of the drainage facilities fund
established for the drainage area. Monies in said fluted shall be expended solely
for land acquisition, construction, engineering, administration, repair
maintenance 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 banded 4 edness of the drainage area.
C PDIWXZ NO. 89-12
SECTION IX: CREDIT Drainage fees previously paid shall be credited as
follows:
a) mere 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 ammmt of
the fee paid for the developomw site.
c) Where drainage fees have been paid pursuant to this ordinance or other
ordinance based on iaQervious surface, the credit shall be based on the
ordinance in effect at the time of the additional payment.
d) Uwe drainage fees or mitigation work have been paid or ccupleted
uider the City of Walnut Meek PD-1319 and PD-1668, fees will not be
required for any development in Ross000r which drains into the Tice
Creek mitigation basin at Tice Valley Boulevard and Rossmoor Parkway.
S=CN X. EFFBMVM 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 Contra Costa Times, a newspaper
published in this o=ity.
PAssED AND Amprm ct; FEB 14 1989 , by the following vote:
AYES: Supervisors Powers , Schroder, McPeak and Torlakson
NOES: None
ABSENT: Supervisor Fanden
-Chairman of the Board
ATMT: FM BATCElUM, Clerk of the
Board of Supervisors and
Camty Administrator
ByDqmty
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CRDIIHANCE NO. 8 9- 12