HomeMy WebLinkAboutMINUTES - 05101988 - T.1 THE BOARD OF SUPERVISORS -OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on May 10, 1988, by the following vote:
AYES: Suaervisors .Fanden, McPeak, Torlakson and Schroder
NOES: None
ABSENT: Supervisor Powers RESOLUTION NO. 88/262
(West's Water Code App.
ABSTAIN: None Ch. 63 , Sec. 12 .2 and 12 . 3
SUBJECT: Establishment o't Drainage Area 101A, Institution of a
Drainage Plan and Enactment of a Drainage Fee Ordinance
therefor, Danville and San Ramon Area. Project No.
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:
On April 5, 1988, this Board adopted a Resolution proposing
to establish Drainage Area 101A and to institute a drainage plan
and to enact a drainage fee ordinance for the drainage area.
On May 10, 1988, pursuant to the Board's Resolution of
April, 5 1988, this Board held a hearing to consider the estab-
lishment of Drainage Area 101A and the institution of a Drainage
Plan and the enactment of a drainage fee ordinance therefor. All
written and oral objections presented concerning the proposed
establishment of Drainage Area 101A, institution of a drainage
plan 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' 101A. 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 101A, 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 has received no resolution or ordinance adopted
by an affected city requesting the exclusion of territory from
proposed Drainage Area 101A.
This Board hereby CERTIFIES that the Negative Declaration
submitted to it by the Community Development Department as to the
environmental impact of the proposed establishment of Drainage
Area 101A 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.
This Board hereby also FINDS that good cause exists for the
establishment of Drainage Area 101A and ORDERS that Contra Costa ,
County Flood Control and Water Conservation District Drainage
Area 101A 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 101A, Boundary Map
and Drainage Plan" , dated February, 1988, proposed to be
RESOLUTION NO. 88/262
? " instituted for Drainage Area .101A .and on file with the Clerk of
the Board of Supervisors, Administration Building, Martinez,
California, is hereby INSTITUTED.
This Board hereby ENACTS Ordinance No. 88..4 36
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.
i 11;0oreby certify that this Is a true and correct a 6py of,
W1 faction taken and entered on the Minutes of the,
i3oard of Supernl re on the date shown.
ATTESTED: . L/U
PHIL BATCHEL ,Cleric of the Board
' of Supervisors and County Admirlstrator
E 'k
r6"41.
By , Deput+,r
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bo:da101Aest.t6
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
City of San Ramon
Town of Danville
RESOLUTION NO. 88/ 262
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 890 54' 5211 West 422.60 feet and Westerly 248.54 feet along
a curve concave to the south with 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 PARCEL C and
its southerly prolongation, South 170 12' 341' 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' 0711 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' 1911 West
2,658.54 feet, South 620 33' 061' West 659.47 feet, North 230 54' 5111 West
199.91 feet and North 390 34' 2011 East 383.05 feet to the southerly line of
Lot 53 of said Doutherty Ranch (B M 45) ; thence along said line North 880
15' 0411 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 Craw
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
Volume 9418 at page 586, which bears along said southeast line
Southwesterly 1,100 feet from the north line of Int 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 .
O0.STA MNN FLOOD 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, MS, R1E) ; 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
?.,7esterly 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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LB:DA-101A.desc
3/29/88
2
M= "B"
ORDINANCE NO. 88-36
AN ORDINANCE OF THE
CONTRA COSTA COUNTY FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
ES' ABLISHING UPAINAGE FEES IN THE
CONTRA COSTA COUNTY FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
MAIIV�GE 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. DRAINAGE 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 adapted 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 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
inpervious 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.
SDCITON III. BIONS. 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
inpervious surface as the original structure; 2) To modify strictures or other
impervious surfaces, provided the amount of W=nd 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- 36
Page 1 of 4
+ SE=ON IV. FEE DEFERMERr. 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 PEENS. 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 .$172 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 $0.20 per square foot, but not to exceed the amotuit 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, condaminium,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. Me fee amount shall be as set forth in Section VII.
SECTION VII. FEE SCHEDULE E Building Permit Subdivision
Cmuexaial/Industrial/Downtown Office $8,225/acre $ 8,835/acre
Office (Medium) : 7,050/acre 7,875/acre
Office (Light) : 5,900/acre 6,650/acre
Multifamily Residential (Including Mobile
Hare Parks) :
Less than 2,500 sq. ft. of land per unit 6,480/acre 6,480/acre
2,500 to 2,999 of of 385/unit 385/unit
3,000 to 3,999 it of 440 " 440 "
4,000 to 4,999 " " 510 " 510 "
5,000 to 5,999 " " 585 " 585 "
6,000 to 6,999 " " 660 " 660 "
7,000 to 7,999 " " 730 " 730 "
8,000 + " " 765 " 765 "
Single Family Residential:
4,000 to 4,999 sq. ft. of land per unit $ 540/unit $ 860/unit
5,000 to 5,999 of if 560 " 900 "
6,000 to 6,999 it of 585 " 935 "
7,000 to 7,999 " " 610 " 970 "
8,000 to 9,999 " " 645 " 1,020 "
ORDINANCE NO. 88- 36
Page 2 of 4
-,CS 000 to 13,999 " " 720 " 1,125 "
14,600 to_19,999 " " 840 " 1,295 "
20,000 to 29,999 " " 1,035 " 1,555
5 "
30,000 to 39,999 " " 1,28 " 1,855 "
40,000 + " " 1,540 It 2,140 "
Aea icultural:
Under 10% of lot impervious Exempt
More than 10% of lot impervious $7,840/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 lanai 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 intermit 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 adapted
drainage fee ordinance, credit shall be given for the dollar ammxuht 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- 3 6
Page 3 of 4
SECTION X. EFFECTIVE DATE. Miis 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 ADOprM ON May 10 , 1988_, by the following vote:
AYES: Supervisors Fanden, McPeak, .Torlakson and Schroder
NOES: None
ABSENT: Supervisor Powers
Criair of the
ATIMT• PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
By Xj�.�
u
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DA1O12k0rd.t6
ORDINANCE NO. 88- 3 6
Page 4 of 4