HomeMy WebLinkAboutMINUTES - 04231985 - 1.21 t
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 23, 1985 by the following vote:
AYES: Supervisors Powers , Schroder, McPeak, Torlakson Fanden
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 85/194
(West's Wat. Code App.
Ch. 63, Sec. 12.2 and 12.3)
SUBJECT: Notification of Hearing to Consider the Conversion of Storm Drainage
District Zone 37A into Flood Control Drainage Area 37A, South Danville
Area. Project No. 7555-6D8251.
The Board of Supervisors of Contra Costa County, as the governing
board of the Contra Costa County Flood Control and Water Conservation
District, and the Contra Costa County Storm Drainage 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 convert Contra Costa County Storm Drainage District
Drainage Zones into Drainage Areas and to adopt drainage fee ordinances.
This Board has before it, for consideration the proposed conversion
of Contra Costa County Storm Drainage District Zone 37A (hereinafter Zone
37A) into Contra Costa County Flood Control and Water Conservation District
Drainage Area 37A (hereinafter Drainage Area 37A) , consisting of that real
property as 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 37A, Boundary Map and Drainage Plan," dated
January, 1985, proposed to be instituted for Drainage Area 37A. Said docu-
ments, which show the general location of said Drainage Area 37A, 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 payment of the facilities described in
said drainage plan, is attached hereto as Exhibit "B".
It is proposed that Zone 37A be converted into Drainage Area 37A,
that a drainage plan be instituted therefor and that the attached drainage fee
ordinance be adopted.
At 10:30 a.m. on June 4, 1985, in the Chambers of the Board
of Supervisors, Administration Building, Martinez, California, this Board will
conduct a public hearing on the proposed conversion of Zone 37A into Drainage
Area 37A, the institution of the aforesaid drainage plan for the Drainage
Area and the adoption of the attached drainage fee ordinance for said
Drainage Area. At said hearing, this Board will hear and pass upon any and
all written or oral objections to the conversion of Zone 37A into Drainage
Area 37A, the institution of the drainage plans, and the adoption of the
attached drainage fee ordinance. Upon conclusion of the hearing the Board
may abandon the proposed conversion and adoption of the attached drainage
fee ordinance, or proceed with the same.
The Clerk of the Board is DIRECTED to publish a Notice of the
Hearing, pursuant to Government Code 6066, once a week for two (2) successive
weeks, prior to the hearing, in the "Valley Pioneer", a newspaper of general
circulation, circulated in the area proposed to be converted into said
Drainage Area 37A. 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. 85/ 194
The exterior boundaries of said Drainage Area 37A include lands
within the City of Danville. 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.
1 hereby-ertfy tha-this is a true rsdctnez'!top;►of
to Action taken and entered on the:Minutes of the
Board of Su;ser+tsors on:he date shown..
ATTESTED: APR 2 3 ffl -
PHIL BATCmaon, Clerk of the Boar!
of Svpemis ra and County AdmW%trator
Orig. Dept. Public Works Department, Flood Control Planning
cc: County Administrator
County Counsel .
Public Works Director
Flood Control Planning
Land Development
Accounting
Planning Department
Building Inspection
County Assessor
County Treasurer Tax Collector
County Auditor - Controller
Ralph Garrow, Inc.
P. 0. Box 367
Antioch, CA 94509
Building Industry Assoc.
of No. Calif.
1280 Boulevard Way, #211
Walnut Creek, CA 94595
City of Danville
542 San Ramon Valley Blvd.
Danville, Ca 94526
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UK:DA37A.Res.Notif.t4
RESOLUTION NO. 85/ 194
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EXHIBIT "A"
CONTRA COSTA COUNTY
FLOOD CONTROL DISTRICT
AND
WATER CONSERVATION DISTRICT
DRAINAGE AREA 37A
All that property situated in the County of Contra Costa, State of California,
described as follows:
All references to boundary lines, ownerships and acreages are of the Official
Records of Contra Costa County, California.
Beginning at the northeastern corner of that parcel of land described in
the deed to Bert A. and Rose M. Bertolero, recorded September 21, 1965 in Volume
4956 of Official Records at page 202, said northeastern corner being a point
on the western line of the Southern Pacific Railroad Company Right-of-Way; thence
from said Point of Beginning, southeasterly 2,000 feet, more or less, along
said western line to the northeastern corner of Lot 8 of Subdivision 2995 as
shown on the 'map recorded March 14, 1962 in Book 86 of Maps at page 16; thence
westerly (Rec. South 88055153" West 960.22 feet) along the northern line of
said Subdivision 2995 to the northwestern corner of Lot 1 of said Subdivision
2995, said northwestern corner being a point on the eastern line of Camino Ramon,
a frontage road for Interstate Freeway 680; thence southeasterly (Rec. South
17057'08" East 642.53 feet) along said eastern line to the southwestern corner
of Lot 28 of said Subdivision 2995; thence easterly (Rec. North 87047156" East
838.27 feet) along the southern line of said Subdivision 2995 to the southeastern
corner of Lot, 12 of said Subdivision 2995; thence northerly (Rec. North 5059'46"
East 195 feet and North 12049'50" West 250 feet) along the eastern line of said
Subdivision 2995 to the northeastern corner of Lot 9 of said Subdivision 2995;
thence easterly (Rec. North 88055153" East 50 feet) along the southern line
of Paraiso Drive to the western line of the Southern Pacific Railroad Right-of-Way;
thence southeasterly 3,520 feet, more or less, along said western line to the
northeastern corner of Lot 61 of Subdivision 3654 as shown on the map recorded
June 15, 1967 in Book 116 of Maps at page 1; thence westerly (Rec. South 88003'56"
West 902.54 feet) along the northern line of said Subdivision 3654 to the north-
eastern corner of Lot 95 of said Subdivision 3654; thence in a general south-
westerly direction 555.90 feet along the southeastern line of said Lot 95 to the
most western corner of Lot 37 of said Subdivision 3654, said corner being a point
r •
on the eastern line of the aforementioned Camino Ramon; thence southeasterly
800 feet, more or less, along the eastern line of said Camino Ramon to its inter-
section with the centerline of Greenbrook Drive; thence southwesterly 96 feet,
more or less, along the southwesterly extension of said centerline of Greenbrook
Drive to the western line of San Ramon Boulevard as it existed March 6, 1970;
thence North 880 West 600 feet; thence South 580 West 2,100 feet; thence South
890 West 600 feet; thence northwesterly 950 feet, more or less, to a point on
the western line of that parcel of land described in the deed to Edward Peters,
et al , recorded April 23, 1963 in Volume 4350 of Official Records at page 690,
said point being southerly along said western line 1,000 feet from the northwestern
corner of the northeast one-quarter of Section 5, Township 2 South, Range 1
West, Mount Diablo Meridian; thence North 460 West 800 feet; thence northeasterly
1,840 feet, more or less, to a point on the western line of Rancho San Ramon,
said point being northwesterly along said western line 1,650 feet from the southern
line of Township 1 South, Range 1 West, Mount Diablo Meridian; thence,northeasterly
1,980 feet, more or less, in a direct line to the southwestern corner of Lot
8 of Subdivision 3280 as shown on the map recorded October 14, 1965 in Book
107 of Maps at page 43; thence easterly (Rec. North 87055'05" East 380.89 feet)
along the southern line of said Subdivision 3280 to the southeastern corner
of Lot 10 of said Subdivision 3280; thence easterly (Rec. North 87055'05" East
344.09 feet) along the southern boundary of Subdivision 2990 as shown on the
map recorded May 23, 1962 in Book 87 of Maps at page 27, to the southeastern
corner of Lot 13 of said Subdivision 2990; thence northwesterly (Rec. North
20012116" West 500 feet) along the eastern line of said Subdivision .2990 to
the northwestern corner of that parcel of land described in the deed to American
Baptist Church of. Northern California recorded October 31, 1966 in Volume 5235
of Official" Records at page 486; thence North 72002129" East 259.16 feet along
the northern line of said parcel and "continuing North 72002'29" East 420 feet,
more or less, along the extension of said north line to the eastern line of
Camino Ramon; thence northerly 3,135 feet, more or less, along the eastern line
of Camino Ramon to the northwestern corner of the aforementioned Bertolero parcel
of land (4956 O.R. 202); thence easterly (Rec. South 88053'33" East 110.01 feet
and North 49007' East 33.85 feet) along the northern line of said Bertolero
parcel to the Point of Beginning.
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UK:DA37A.EXH.A
EXHIBIT "B"
ORDINANCE NO. 85-
AN ORDINANCE REPEALING ORDINANCE NO. 71-88
OF THE
CONTRA COSTA COUNTY STORM DRAINAGE DISTRICT
AND ADOPTING A DRAINAGE FEE ORDINANCE
BASED ON A UNIFORM FEE PER ACRE
WITHIN THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
DRAINAGE AREA 37A
The Board of Supervisors of Contra Costa County as the governing
board of the Contra Costa County Flood Control and Water Conservation District
and the Contra Costa County Storm Drainage District does ordain as follows:
SECTION 1. Ordinance No. 71-88 of the Contra Costa County Storm
Drainage District is hereby repealed.
SECTION 2. The Board hereby enacts the following as the drainage
fee ordinance for Drainage Area 37A:
SECTION I. The drainage plan and map entitled "Drainage Area 37A,
Boundary Map and Drainage Plan", dated January, 1985, on file with the Clerk
of the Board of Supervisors, is adopted as the drainage plan for Drainage
Area 37A 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. It is found and determined that past and future subdivisions
and development of property within Drainage Area 37A require the construction
of the facilities described in said drainage plan and that the fees herein
provided to be charged are fairly apportioned within said drainage area on
the basis of benefits conferred on property within said drainage area.
SECTION III. The fees herein provided are apportioned uniformly on a
per acre basis, and the total of all fees collectible hereunder does not
exceed the total estimated costs of all drainage facilities shown on the
drainage plan.
SECTION IV. The drainage facilities planned are hereby found to be in
addition to existing drainage facilities serving Drainage Area 37A at the
time of the adoption of said drainage plan for Drainage Area 37A.
SECTION V. The Contra Costa County or the City official having
jurisdiction shall not issue a building permit for construction resulting in
a 500-square foot or more increase in ground coverage within Drainage Area
37A until this fee has been paid. The official having jurisdiction may
accept cash, or other consideration (in the form of actual construction of a
part of drainage facilities by the applicant or his principal ) in lieu of
the fee when authorized to do so by the Chief Engineer of the District.
This fee shall not be required if the requested permit is the performance of
one of the following:
(1) To replace a structure destroyed or damaged by fire, flood, wind,
• or acts of God. This exception is only to the extent that the
resultant structure has . the same or less ground floor square
footage as the original structure; if the ground floor square
footage is increased, the square footage of the additional ground
floor area shall be used to determine if a fee is due.
(2) To construct a swimming pool , patio, patio cover, or driveway.
(3) To construct facilities (including dwellings) on lots greater than
twenty acres in area, provided that less than ten percent of the
lot area is covered by impervious surfaces.
(4) To construct, enlarge, or modify concrete or asphalt concrete
surfaces incidental to land uses other than single family
residential . This exemption is only to the extent that the
increase in impervious area is less than 1,500 square feet.
SECTION VI . In the case of a new subdivision, the subdivider shall pay
the fees prior to the recordation of the final or parcel map. The fees may
be paid on the entire proposed subdivision or on each individual phase for
which a final or parcel map is filed. The fees in the case of a subdivision
shall be paid to either the County or City official having jurisdiction
along with the other fees submitted with the subdivision improvement plans.
The official having jurisdiction may accept cash, or other consideration (in
the form of actual construction of a part of said drainage facilities by the
applicant or his principal ) in lieu of the payment of fees when authorized
to do so by the Chief Engineer of the District. This fee shall not be
required:
(1) If the subdivision is for the conveyance of 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.
(2) If the minimum lot size created as result of the subdivision is
twenty acres or more.
SECTION VII . All fees collected hereunder shall be paid into the
County Treasury to the account of the drainage facilities fund established
for Drainage Area 37A. Monies in said fund shall be expended solely for
land acquisition, construction, engineering, repair maintenance and operation
or reimbursement for the same, in whole or in part, of drainage facilities
within said Drainage Area 37A, or to reduce the principal or interest of
any bonded indebtedness of Drainage Area 37A.
SECTION VIII. The fee imposed hereunder shall be $925 per acre.
SECTION IX. For individual lots the fee shall be determined by
multiplying the fee per acre by the area of the lot calculated to the
nearest hundredth of an acre.
For the purpose of this section of the ordinance "lot" shall mean
either of the following:
(1) That land shown on the latest equalized County assessment roll as
a unit when said unit contains two (2) acres or less, plus its
share of common area, when applicable.
(2) When the unit of land, as shown on the latest equalized County
assessment roll , contains more than two (2) acres, the "lot"shall
include the construction area, containing a minimum of two (2)
acres, plus its share of common area, when applicable.
The "lot" shall exclude the area falling within the public street
right-of-way.
(3) For subdivisions the fee shall be determined by multiplying the fee
per acre by the gross area of the subdivision excluding the area
falling within the public street right-of-way prior. to the land
being subdivided. Where a subdivision creates individual
residential lots larger than two (2) acres, the area of these lots
used in determining the gross area shall be limited to two (2)
acres per lot.
SECTION X. No lot shall be subject to payment of the fee, under the
terms of this ordinance, more than once, excepting those lots greater than two
(2) acres where partial fees were paid in accordance with the requirements
of Section IX. In the case of a partial fee payment the remainder of the
lot, excluding the two (2) acres, will be subject to payment of acreage fees
whenever it is subdivided or additional building permits are obtained.
SECTION XI. 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 "Valley Pioneer" .
PASSED AND ADOPTED on 1985 by the following vote.
AYES: Supervisors
NOES: Supervisors
ABSENT: Supervisors
Chairman of the Board
ATTEST: PHIL BATCHELOR,
Clerk of the Board of
Supervisors and County Administrator
By
Deputy
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