HomeMy WebLinkAboutMINUTES - 04051988 - 1.25 4
1' 1-025
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on April 5, 1988 by the following vote:
AYES: Supervisors Powers , Fanden, McPeak, Torlakson & McPeak
NOES: None
ABSENT: None RESOLUTION NO. 88/ 153
(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 101A and the Institution of a Drainage
Plan and Drainage Fee Ordinance therefor, Danville and
San Ramon Area. Project # 7505-6F8231.
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 and enact drainage fee ordinances.
This Board has before it for consideration the proposed
establishment of Drainage Area 101A consisting of that real
property described in Exhibit "A", attached hereto and incor-
porated herein by reference.
The Board further has before it the Engineer's Report and
the Drainage Plan, entitled "Drainage Area 101A, Boundary Map and
Drainage Plan" , dated February, 1988, proposed to be instituted
for Drainage Area 101A. 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 payment of the facilities described in said
drainage plan, is attached hereto and marked Exhibit "B" .
It is proposed that Drainage Area 101A be established, that
a drainage plan be instituted therefor, that the attached
drainage fee ordinance be enacted.
At 10: 30 a.m. on May 10, 1988, in the Chambers of the Board
of Supervisors., Administration Building, Martinez, California,
this Board will conduct a public hearing on the proposed estab-
lishment of said Drainage Area and the institution of the
drainage plan and the enactment of the attached drainage fee
ordinance for the 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 Drainage Area 101A, the institution of the
drainage plan therefor, and the enactment of the proposed
drainage fee ordinance for Drainage Area 101A. Upon conclusion
of the hearing, the Board may abandon the proposed actions, 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
"Contra Costa Times", a newspaper of general circulation,
circulated in the area proposed to be formed into said drainage
RESOLUTION NO. 88/ 153
r
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.
The exterior boundaries of said Drainage Area include lands
within the Town of Danville and the City of San Ramon. The Clerk
of this Board is DIRECTED to forward to the governing body of
said cities, a copy of this Resolution at least twenty (20) days
before the above noted hearing.
The Clerk of the Board is further DIRECTED to mail a copy of
the Notice of Public Hearing to any interested party who has
filed a written request for mailed notice with the Clerk of the
Board or with the District, as provided by Government Code
Sections 54986(a) and 54992 (1) . Said mailing shall be performed
at least fourteen (14) days prior to the hearing.
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: APR �qRR
PHIL BATCHELOR,Clerk of the Board
of Supervisors and County Administrator
��1�,..._..�,
By Deputy
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Orig. Dept: Public Works Department (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
Dick Striegel
McKay & Somps
1150 Burnett Avenue, #D
Concord, CA 94520
Citation Homes
P.O. Box 2359
San Leandro, CA 94577
N. CA Bldg Indus Assoc
Attn: Dean LaField
1280 Boulevard Way, #211
Walnut Creek, CA
David Lennon
Hoffman Company
P.O. :Box 907
Concord, CA 94522
Nancy Rabin
Trammell Cro
North Bay Resident
591 Redwood Hwy. , #5275
Mill Valley, CA 94941
Town of Danville
City of San Ramon
RESOLUTION NO. 88/ 153
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EXHIBIT A
(to Resolution of Notification, 04/05/88)
Contra Costa County Flood Control
and
Water Conservation District
DRAINAGE AREA 101A
Real property situated in Contra Costa County, California. References to
boundaries, Property lines, ownerships, and acreages are to records of said
County.
Beginning at the intersection of Camino Tassajara centerline and the east
line of Section 31, Township 1 South, Range 1 East, Mount Diablo Meridian,
shown on Record of Survey Map filed May 16, 1966 in Land Surveyor's Map Book
42 at page 33.
Thence along the centerline of Camino Tassajara (42 LSM 33) , North 890 54'
52" West 1,628.52 feet, to the Centerline of Lawrence Road; thence
continuing along the centerline of Camino Tassajara (shown as Tassajara Road
on the map of Subdivision 2837 recorded September 28, 1960 in Map Book 79 at
page 34) , North 89° 54' 52" West 422.60 feet and Westerly 248.54 feet along
a curve concave to the southwith a radius of 955 feet, to the centerline of
Leema Drive, formerly Adobe Drive (79 M 34) ; thence along Leema Drive
centerline, in a general southerly and westerly direction 1,429.32 feet, to
the west line of Subdivision 2837; thence South 690 30' West 400 feet;
thence North 400 West 250 feet; thence West 300 feet; thence South 300 West
800 feet; thence Southwesterly 600 feet, more or less, to the most easterly
corner of PARCEL C of Minor Subdivision 100-78 filed September 20, 1979 in
Parcel Map Book 81 at page 10; thence 'along the east line of PAROL C and
its southerly prolongation, South 170 12' 34" West 1,817.67 feet, to the
north line of Lot 43 of Dougherty Ranch filed May 2, 1894 in Map Book B at
page 45; thence Southerly 1,980 feet, more or less, to an angle point on the
south line of Lot:43 which bears North 820 20' 07" West 1,055.02 feet from
the southeast corner of said Lot 43; thence along the southerly and westerly
boundary of said Lot 43 the following courses; South 850 54' 19" West
2,658.54 feet, South 620 33' 06" West 659.47 feet, North 230 54' 51" West
199.91 feet and North 390 34' 20" East 383.05 feet to the southerly line of
Lot 53 of said Doutherly Ranch (B M 45) ; thence along said line North 880
15' 04" West 1,572.49 feet to an angle point in said southerly line; thence
leaving said line North 400 feet; thence North 650 West 850 feet; thence
Northerly 900 feet, more or less, to a point on the centerline of Crow
Canyon Road, being the end of a curve on said centerline, distant thereon
550 feet, more or less, from the west line of Lot 53 (B M 45) ; thence
Northerly 1,050 feet, more or less, to a point on the southeast line of
Western Title Insurance Company 14.96 acre parcel recorded June 28, 1979 in
1
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Volume 9418 at page 586, , which bears along said southeast line
Southwesterly 1,100 feet from the north line of Lot 53 (B M 45) ; thence
along said southeast line, Northeasterly 1,100 feet; thence along the north
line of lot 53, North 890 45' East 1,500 feet, more or less, to the north-
east corner of Lot 53, being a point on the west line of Tassajara Partners
20.12 acre parcel recorded June 7, 1984 in Volume 11825 at page 283; thence
along said west line and its northerly prolongation, North 010 21' 36" East
2,550 feet, more or less, to its intersection with the boundary of CONTRA
COSTA OOiJN`I'Y FT-DOD CONTROL DISTRICT ZONE 3-B approved October 19, 1954 by
the Boundary Commission; thence along the boundary of said ZONE 3-B in a
general northeasterly direction 6,100 feet, more or less, to a point on the
south line of PARCEL D of Subdivision 5352 filed February 14, 1979 in Map
Book 221 at page 25, (said point bears along said south line, South 880 31'
30" East 1,550 feet, from the west line of Section 31, T1S, ME) ; thence
leaving the boundary of ZONE 3-B and continuing along the south line of
PARCEL D and its easterly prolongation, South 880 31' 30" East 1,161.28
feet, to the west line of the northeast quarter of said Section 31; thence
along said west line, Northerly 723.36 feet, to the north quarter corner of
Section 31 being a point on the boundary of Subdivision 5645 filed August
19, 1981 in Map Book 255 at page 27; thence along said boundary, South 890
33' 44" East 2,184 feet, more or less, to an angle point on the south line
of PARCEL G (255 M 27) ; thence continuing along said boundary, South 640 03'
36" East 488.05 feet and South 000 35' 02" West 1,111.07 feet, to an angle
point being also the northwest corner of PARCEL B (42 LSM 33) ; thence South
890 39' 05" East 1,337.18 feet to the northeast corner of PARCEL B; thence
South 250 West 500 feet; thence South 550 West 350 feet; thence Southerly
660 feet, more or less, to a point on the south line of PARCEL B which bears
West 450 feet from the southeast corner of PARCEL B; thence Southwesterly
650 feet, more or less, to the northeast corner of Harold Hansen parcel
shown on said map (42 LSM 33) as recorded in Volume 1176 of Official Records
at page 322; thence along the north line of said Hansen parcel and its
westerly prolongation, North 880 59' 51" West 259.48 feet, to the east line
of Section 31, Township 1 South, Range 1 East; thence along said east line,
South 000 10' 25" East 1,043 feet, more or less, to the point of beginning.
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3/29/88
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=BIT "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 101A
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. AGE PLAN. The drainage plan and map entitled "Drainage
Area 101A, Boundary Map and Drainage Plan", dated February, 1988, on 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
101A 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 develcpaments; 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. 1'TONS. 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 stricture; 2) To modify structures or other
impervious surfaces, provided the amount of ground coverage is not increased by
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. 88/
Page 1 of 4
SECTION IV. FEE DEFERMI'. 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 PELTS. 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 $128 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 $0.15 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. Tawe house, 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 Building Permit Subdivision
Commercial/Industrial/Downtown Office $6,170/acre $ 6,630/acre
Office (Medium) : 5,290/acre 5,910/acre
Office (Light) : 3,675/acre 4,990/acre
Multifamily Residential (Including Mobile
Home Parks) :
Less than 2,500 sq. ft. of land per unit 4,860/acre 4,860/acre
2,500 to 2,999 " if 290/unit 290/unit
3,000 to 3,999 If of 330 " 330 "
4,000 to 4,999 it " 385 " 385 "
5,000 to 5,999 of if 440 " 440 "
6,000 to 6,999 it of 495 " 495 "
7,000 to 7,999 it if 550 " 550 "
8,000 + " of 575 " 575 "
Single Family Residential:
4,000 to 4,999 sq. ft. of land per unit $ 405/unit $ 650/unit
5,000 to 5,999 " of 425 " 675 "
6,000 to 6,999 " It 440 " 705 "
7,000 to 7,999 " it 460 " 730 "
8,000 to 9,999 " to 485 " 770 "
10,000 to 13,999 " to 540 " 845 "
ORDIlMNC E NO. 88/
Page 2 of 4
14,000 to 19,999 " " 630 " 975 "
20,000 to 29,999 " " 780 " 1,170 "
30,000 to 39,999 " " 965 " 1,395 "
40,000 + " " 1,160 " 1,605 "
Agricultural•
Under 10% of lot impervious Exempt
More than 10% of lot impervious $5,880/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 PANT. 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 NO. 88/
Page 3of4
SECTION X. EFFECME 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 county.
PASSED AND ADOPTED ON , by the following vote:
AYES:
NOES:
ABSENT:
Chair of the Board
ATTEST: PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
By
Deputy
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ORDINANCE NO. 88/
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