HomeMy WebLinkAboutMINUTES - 04091985 - 1.33 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 9, 1985 by the following vote—
AYES:
oterAYES: Supervisors Powers , Schroder, McPeak, Torlakson Fanden
NOES: None
ABSENT: None RESOLUTION NO. 85/ 158
(West's Water Code App.
ABSTAIN: None Ch.63, Sec.12.2 and 12.3)
SUBJECT: Notification of Hearing to Consider the Establishment of Drainage
Area 48D, to Institute Drainage Plans Therefor, and to Enact a Drainage Fee
Ordinance, West Pittsburg Area. Project 1#7505-6F8183.
The Board of Supervisors of Contra Costa County, as the
Governing Board of the Contra Costa County Flood Control and Water Conser-
vation 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 establish-
ment of Drainage Area 48D 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 48D, . Boundary Map and Drainage
Plan," dated March 15, 1985, proposed to be instituted for Drainage Area
48D. 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 48D be established, that a
drainage plan be instituted therefor, and that the attached drainage fee
ordinance be enacted.
At 10:30 a.m. on May 14, 1985, 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 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 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 Sectinn 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. 85/ 158
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.
1 hereby certify ths'this is aft"and c.orrW copy of
an action taken and entered on the minutes at the
Board of Superr,aors on the date shown.
ATTESTED: APR 9 - IQA;
PHIL BATCHELOR, Cierk of the Board
of Supervisors and County Adrrinlstrator
By JL" Deputy
Orig. Dept: Public Works Department, Flood Control Planning
cc: County Administrator
Planning Department
Building Inspection
County Counsel
County Assessor
County Treasurer - Tax Collector
County Auditor - Controller
Public Works .Director
Flood Control Planning
Land Development
Accounting
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. 0. Box 1518
Pittsburg CA 94565
UK:bc
UK:DA48D.Resol .Notif
RESOLUTION NO. 85/ 158
EXHIBIT "A"
CONTRA COSTA COUNTY FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
DRAINAGE AREA 48D
A portion of Sections 11, 12, 14, and 15 of Township 2 North, Range 1 West,
Muunt -u i db i u ad5e'and hier'i d i ail, Curi t'a Cusi,a Couiiiy; Cali i o►��i 8 ooualdc�^y line
and ownership references are to Official Records of said County.
Commencing at the southeast corner of Section 11, as shown on the map of
"Bella Monte Subdivision No. 1" filed March 22, 1927, in Book 20 of Maps, at page
546; thence along the south line of Section 11, (being also the centerline of
Willow Pass Road, shown as "County Highway" on said map) , West 472 feet, more or
less, to the centerline of Highway Avenue (20 M 546), the "Point of Beginning" of
this description.
Thence along the south line of Section 11, West 345 feet, to the centerline
of Belle Monte Avenue, as said road is shown on the map of "Joseph Siino
Subdivision" filed August 13, 1929, in Book 21 of Maps, at page 590; thence along
said centerline, South 730 feet, to the centerline of Jefferson Street, as
said road is shown on the map of "Bel-Air Tract" filed November 9, 1939, in Book
23 of Maps, at page 731; thence North 89034' West 135 feet; thence South 265 feet
to the centerline intersection of Cleveland Avenue and North Street as shown on
(23 M 731); thence along the centerline of Cleveland Avenue, South 1,513.5 feet,
to the centerline of South Street (23 M 731); thence along the centerline of
South Street, North 89034' West 242 feet, to the centerline of Madison Avenue
(23 M 731); thence along the centerline of Madison Avenue, South 25 feet, to the
easterly prolongation of the north line of Lot 7, Block 6 (23 M 731); thence
along said prolongation and north line, North 89034' West 110.56 feet, to the
west line of said tract (23 M 731); thence along said west line, South 00020'20"
East 185 feet, to the northerly boundary of State Highway 4; thence, along said
northerly boundary, in a general westerly direction, 2,700 feet, more or less, to
the southerly prolongation of the west line of that parcel of land described in
the Decree of Final Distribution and Waiver of Accounting to George Chapman and
Victoria Chapman recorded March 14, 1980, in Book 9771, at page 488; thence along
said prolongation and west line, North 00016' West 817.6 feet, to an angle point
on the boundary of said Chapman parcel (9771 O.R. 488); thence along said boundary,
North 89046' East 280.08 feet and North 00042' West 312.10 feet, to the most
northwest corner (9771 O.R. 488) , being a point on the south line of that parcel
of land described in the deed to Mario and Theresa Lucido recorded June 23, 1937,
in Book 441, at page 73; thence along said south line, North 89049' West 307
feet, more or less, to the southwest corner (441 O.R. 73); thence along the west
line of said Lucido parcel (441 O.R. 73) and its northerly prolongation, North
00029130" East 409.84 feet, to the southwest corner of "Tract No. 2656" as shown
on the map 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 as shown on said mapA2 M 49) ; thence along said
centerline and its northerly prolongation, North 00 51'23" East 636.03 feet, to
the westerly prolongation of the south line of Lot 2 (72 M 49); thence along said
prolongation, South 89008137" East 119 feet, to the southwest corner of said Lot
2; thence along the west line of Lot 2, North 00.051123" East 100 feet, to the
northwest corner- of Lot 2, being a point on the boundary of said tract (72 M 49);
thence along said boundary, South 89008'37" East 56 feet and North 42008' 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" at the west corner of Lot 1 of said subdivision
filed November 14, 1960, in Book 80 of Maps, at page 4; thence along the boundary
of said subdivision (80 M 4), North 42008' East 213.19 feet and North 00053'13"
East 70 feet, to the most northwest corner of said .subdivision (80 M 4), being a
point on the east line of that parcel of land described as "Parcel One" in the
deed to Sophie Englander recorded April 21, 1975, in Book 7483, at page 523;
thence along the boundary of said Englander parcel, North 00000'30" East 60 feet,
North 89058130" West 150 feet, and North 00001130" East 148 feet, to the south
line of Willow Pass Road; thence 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 described in the
deed to Dexter Corporation recorded October 31, 1969, in Book 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 (5995 O.R. 782), North 00052138" East 127 feet, South 89007122" East 48.63
feet, and North 00052138" East 312.56 feet; thence along the prolongation of the
last course, 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 line,
South 71 18'32" East 800 feet, more or less, to a point on the north-south
midsection line of Section 11, at the most northwest corner of "Poinsetta Land
Company West Pittsburg Tract, Unit No. 1," filed June 8, 1926, in Book 19 of
Maps, at page 506; thence continuing along the south line of said railroad, shown
as the boundary between "San Francisco - . Sacramento Railroad" and "Pittsburg
P n rn )... ._r.....4;_ nn(1nilt i53 en r_._r.. a So r • ..
Aver a ' 'Gi"i'"Sa A fjdlj.r (1'7"'�'I' JVE!),"JUUbII /L'"07 ' Faso t,Jy:'+U"iLC[ dill JU�IL11CaS t'1�1y
410 feet, more or less, along a curve concave to the southwest with a radius of
1,402.70 - feet (19 M 506), to the northerly prolongation of the east line of
Poinsetta Avenue (19 M 506) ; thence along said prolongation, North 150 feet, more
or less, to the south line of the Southern Pacific Railroad right of way; thence
along said south line, South 72009' East 1,870 feet, more or less, to a point 50
feet northwesterly of the centerline of Sacramento North Railroad tracks (measured
along a radial of said centerline) ; thence along a line concentric with and 50
feet northwesterly of said centerline (measured radially)., in a general south-
westerly direction 650 feet, more or less, to the northerly prolongation of the
centerline of Highway Avenue, as said road is shown on the map of "Bella Monte
Subdivision No. 2" filed April 2, 1929, in Book 21 of Maps, at page 584; thence
along said prolongation, South 110 feet, more or less, to the centerline of
Pullman Avenue, shown as "Railroad Avenue" on said map (21 M 584); thence along
the centerline of Highway Avenue, South 621.73 feet, to the south line of Siino
Avenue, being also the south line of said subdivision (21 M 584); thence continuing
along the centerline of Highway Avenue, as said road is shown on the map of
"Bella Monte Subdivision No. 1" filed March 22, 1927, in Book 20 of Maps, at page
546, South 455 feet, to the centerline of Willow Pass Road, the "Point of
Beginning." {
fc:da48d.descript.t3
EXHIBIT "B"
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 48D
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 48D, Boundary Map and Drainage Plan", dated March 15, 1985, on file with
the Clerk of the Board pf Supervisors, is adopted as the drainage plan for
Drainage Area 480 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 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.
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.
ORDINANCE N0. /
Page 1 of 4
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 $300 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 35 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 subdivi-
sion 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 $14,390/acre 15,460/acre
Offic-e-[Fedium): 12,335/acre 13,785/acre
Office (Light); 10,320/acre 11,635/acre
Multifamily Residential (including
Mobile Home ParKs)
Less than 2,500 sq. ft. of land per unit 11,340/acre 11,340/acre
- 2,500 to 2,999 670/unit 670/unit
3,000 to 3,999 " " If If 770/unit 770/unit
4,000 to 4,999 11 If 895/unit 895/unit
5,000 to 5,999 If 11 to 1,025/unit 1,025/unit
6,000 to 6,999 " " of If
1,150/unit 1,150/unit
7,000 to 7,999 11 If 1,275/unit 1,275/unit
8,000+ It is " 1,335/unit 1,335/unit
Single Family Residential :
4,000 to 4,999 sq. ft. of land per unit 940/unit 1,510/unit
5,000 to 5,999 " If
If " 985/unit 1,570/unit
6,000 to 6,999 It
If
" of 1,025/unit 1,635/unit
7,000 to 7,999 1,070/unit 1,700/unit
8,000 to 8,999 1,130/unit 1,790/unit
10,000 to 13,999 1,255/unit 1,970/unit
14,000 to 19,999 " If " If 1,465/unit 2,270/unit
20,000 to 29,999 1,815/unit 2,720/unit
30,000 to 39,999 2,250/unit 3,250/unit
40,000+ If
" " " 2,700/unit 3,740/unit
Agricultural :
Under blot impervious Exempt
More than 10% of lot impervious $13,720/acre of developed portion
ORDINANCE NO. /
Page 2 of 4
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
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 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.
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.
ORDINANCE N0. /
Page 3 of 4
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 Pittsburg Post-Dispatch, a
newspaper published in this county.
PASSED AND ADOPTED ON by the following vote:
AYES:
NOES:
ABSENT:
{
Chairman of the Boar
ATTEST: PHIL BATCHELOR,
Clerk of the Board of
Supervisors and County Administrator
By
Deputy
ORDINANCE NO. /
Page 4 of 4