HomeMy WebLinkAboutMINUTES - 05021989 - 1.23 l\
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
Adopted this Resolution on May 2, 1989 by the following' vote:
AYES: Supervisors Powers , Fanden, Schroder and Torlakson
NOES: None
a
ABSENT: Supervisor McPeak
ABSTAIN: None Resolution No. 89/ 283
(West's Water Code App.
Ch. 63, Sec. 12.2 and 12.3)
SUBJECT: Notification of Hearing to Consider Establishment of
Drainage Area 52D Oakley Area, to Institute Drainage
Plans Therefore, and to Enact a Drainage Fee Ordinance.
Project #7505-6F8163 .
The Board of Supervisors of Contra Costa County, as the
governing Board of the Contra Costa County Flood Control and
Water Conservation District, RESOLVE 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, and
institute drainage plans, and enact drainage fee ordinances
therefor.
This Board has before it for consideration the proposed
establishment of Drainage Area 52D, 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 52D, Boundary Map and
Drainage Plan", dated February, 1989, proposed to be instituted
for Drainage Area 52D. Said documents, which show the general
location of the 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 52D be established, that a
drainage plan be instituted therefor, and that the attached
drainage fee ordinance be enacted.
At 11: 00 a.m. on June 13, 1989, 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, the enactment of the
attached drainage fee ordinance and the institution of the
drainage plan for the said Drainage Area. At said hearing, this
Board will hear and pass upon any and all written or oral
objections to the establishment of Drainage Area 52D, the
institution of the drainage plan therefor, and the enactment of
the proposed drainage fee ordinance for Drainage Area 52D. 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
Hearing, pursuant to Government Code 6066, once a week for two
(2) successive weeks prior to the hearing in the "Brentwood
RESOLUTION NO. 89/283
O
News, " 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.
I 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: -._MAY 2 1989
PHIL BATCHELOR,Clerk of the Board
of
Supervisors and County Administrator
Bywl� ,Deputy
UK:SNC:pg/dmw
DA52Dnot.t5
Originator: Public Works (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
City of Brentwood
City Hall - 708 3rd Street
Brentwood, CA 94513
RESOLUTION NO. 89/283
EXHIBIT A
Boundary Description for
Contra Costa County Flood Control
and Water Conservation District
Drainage Area 52D
All that property situated in the County of Contra Costa, State of Califor-
nia, described as follows:
All references to boundary lines, ownerships and acreages are of the
Records of Contra Costa County, California.
Beginning at "Point V", said point being the intersection of the control
line of Marsh Creek Flood Control Channel with the center line of Cypress
Road, as said "Point V" is described in Lis Pendens, Contra Costa County
Flood Control and Water Conservation District, a political subdivision, vs.
Augustine Bacchini, et al, filed April 30, 1964 in Book 4607 of Official
Record at page 802; thence from said Point of Beginning, easterly, along the
center line of Cypress Road, 350 feet, more or less, to the intersection
with the center line of the Atchison Topeka and Santa Fe Railroad Right of
Way; thence leaving said center line of Cypress Road, along the center line
of the Atchison Topeka and Santa Fe Railroad Right of Way, southeasterly
6538 feet, more or less, to the intersection with the center line of Sellers
Avenue; thence, leaving said center line of the Atchison Topeka and Santa Fe
Railroad Right of Way, along the center line of Sellers Avenue, southerly
2008 feet, moreor less, to the intersection of the easterly prolongation of
the southerly line of that parcel of land described in the deed to Patrick
Furlong, et ux, recorded December 17, 1976 in Book 8130 of Official Records
at page 786; thence, leaving the center line of Sellers Avenue, along the
said easterly prolongation of the southerly line of said Furlong Parcel
(8130 O.R. 786) north 890 53' 00" west 991 feet to the southwesterly corner
of said Furlong Parcel; thence leaving said southerly line, along the
westerly line of said Furlong Parcel, north 00 10' 00" east 453.23 feet to a
point .on the southerly line of Subdivision MS 83-75 filed April 29, 1976 in
Book 44 of Parcel Maps at page 28; thence leaving said Furlong Parcel, along
the southerly line of Subdivision MS 83-75, and its westerly prolongation,
north 890 07' 15" west 981 feet, more or less, to the intersection with the
said control line of the Marsh Creek Flood Control Channel (4607 O.R. 802) ;
thence leaving said westerly prolongation of the southerly line of Sub-
division MS 83-75 in a general northerly and northwesterly direction along
the described control line of Marsh Creek Flood Control Channel 6919 feet,
more or less, to said "Point V", the Point of Beginning.
JH:pg
ex:da52d
August 17, 1988
i
EXHIBIT B
AN ORDINANCE OF THE
CONTRA COSTA COUNTY FLOOD CONTROL
AND _
ITER CONSERVATION DISTRICT
ESTABLISHING DRAINAGE FEES IN THE
CONTRA COSTA COUNTY FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
DRAINAGE AREA 52D
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 52D, Boundary Map and Drainage Plan", dated February 1989 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 52D
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. EXE=ONS. 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 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.
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.
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 $380 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 $0.44 per square foot, but not to exceed the amount required
under Section VII.
ORDINANCE NO. 89/
Page 1 of 3
SECTION VI. sumiVISIONS. 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, 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 $18,095/acre $ 19,435/acre
Office (Medium) : 15,505/acre 17,325/acre
Office Li t : 12,975/acre 14,625/acre
Multifamily Residential (.Including Mobile
Home Parks) :
Less than 2,500 sq. ft. of land per unit 14,255/acre 14,255/acre
2,500 to 2,999 of it 845/unit 845/unit
3,000 to 3,999 of of 970 970 "
4,000 to 4,999 of if 1,125 " 1,125 "
5,000 to 5,999 it " 1,290 " 1,290 "
6,000 to 6,999 If " 1,450 " 1,450 "
7,000 to 7,999 It - " 1,600 " 1,600 "
8,000 + it " 1,680 " 1,680 "
Single Family Residential:
4,000 to 4,999 sq. ft. of land per unit $ 1,185/unit $ 1,895/unit
5,000 to 5,999 " " 1,235 " 1,975 "
6,000 to 6,999 of to 1,290 " 2,055 "
7,000 to 7,999 to if 1,340 " 2,135 "
8,000 to 9,999 to if 1,420 " 2,250 "
10,000 to 13,999 " if 1,580 " 2,475 "
14,000 to 19,999 " " 1,845 " 2,850 "
20,000 to 29,999 " " 2,280 " 3,420 "
30,000 to 39,999 " " 2,830 " 4,085 "
40,000 + " " 3,390 " 4,705 "
Agricultural:
Under 10% of lot impervious Exempt
More than 10% of lot impervious 17,250/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. Me 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 shale 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.
ORDINANCE NO. 89/
Page 2 of 3
r �
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.
d) Where drainage mitigation works have been completed) as part of the
development of Tracts 5946 and 681911 fees will not be required for any
lot within these tracts.
SECTION X. EFFECTIVE 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 "Brentwood News", a newspaper
published in this area.
PASSED AND ADOPTED ON , by the following vote:
AYES:
NOES:
ABSENT:
Chair of the Board
ATTEST: PHIL BATC=R, Clerk of the
Board of Supervisors and
County AAmi ni strator
By
Deputy _
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ORDINANCE NO. 89/
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