HomeMy WebLinkAboutMINUTES - 07111989 - 1.33 t 100033
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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 July 11, 1989 by the following vote:
AYES: Supervisors Powers , Fanden, Schroder, McPeak $ Torlakson
NOES: None
ABSENT: None
ABSTAIN: None Resolution No.89 4/ 53
(West's Water Code App.
Ch. 63, Sec. 12.2 and 12..3)
SUBJECT: Notification of Hearing to Consider Establishment of
Drainage Area 33B, and the Institution of a Drainage
Plan, and the Adoption of a Drainage Fee Ordinance and
Credit and Reimbursement Policy therefor, Concord Area.
Project No. 7505-6F8179.
The Board of Supervisors of Contra Costa County, as the
Governing Body 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 Body to establish Drainage Areas, institute
drainage plans therefor, and adopt drainage fee ordinances; and
This Board has before it for consideration the proposed
establishment of Drainage Area 33B, consisting of that real
property described in Exhibit "A" , . attached hereto and
incorporated herein by reference; and
This Board also has before it the Engineer's Report and the
Drainage Plan, entitled "Drainage Area 33B, Boundary Map and
Drainage Plan", dated January 1989 proposed to be instituted for
Drainage Area 33B. 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";
and
It is proposed that Drainage Area 33B be established, that a
drainage plan be instituted therefor, and that the attached
drainage fee ordinance be adopted; and
The Board further proposes that the Drainage Fee Credit and
Reimbursement Policy dated June, 1989 be adopted for the
administration of the aforementioned drainage fee ordinance; and
At 11:00 a.m. on September 12 , 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 adoption of
the attached drainage fee ordinance and the institution of the
drainage plan 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 33B, the institution of the
drainage plan therefor, and the adoption of the proposed
RESOLUTION NO. 89/ 453
drainage fee ordinance and Credit and Reimbursement Policy for '
Drainage Area 338. 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 "Contra Costa
Times, " 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.
The exterior boundaries of Drainage Area 33B include lands
within the City of Concord. 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.
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
Section 54986 (a) and 54992 (1) . Said mailing shall be performed
at least fourteen (14) days prior to the hearing.
1 lwmebY oertlty that this Is a MA and oorrect ooW of
an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: JUL 1 1 1989
PHIL BATCHELOR,Clerkof the Board
of Supervisors and(7 AdmwatrOw
DHE:SNC:dmw
BO:DA33BNot
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 & Cardinale
P.O. Box 367
Antioch CA 94509
Gregory Hodges, Development Manager
Citation Builders
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
Steve Millar
Warmington Homes
3160 Crow Canyon Place, Suite 200
San Ramon, CA 94583
RESOLUTION NO. 89/ 453
1
[' EXHIBIT A
DRAINAGE AREA 33B
BoRIDAW LESCR=CN
All of that property situated in Contra costa County, California, being a
portion of Rancho Monte Del Diablo. All references to boundary lines and
ownerships are of the Records of said county.
Beginning at the intersection of the centerline of Ayers Road with the
centerline of laurel Drive; thence, leaving said Point of Beginning, along
the centerline of Laurel Drive, northwesterly 1,935 feet, more or less, to a
point on the easterly right of Gray line of the Baypoint & Clayton Railroad
recorded in Book 167 of Deeds at page 353; theme, along said easterly line,
southerly 220 feet, more or less, to the intersection with the southeasterly
prolongation of the southwesterly boundary line of Laura Park - Unit No. 3
filed April 2, 1953 in Book 50 of Maps at page 12; thence, along said
southeasterly prolongation and said southwesterly boundary line, north 460
33' 10" west 934.28 feet, more or less, to the most westerly corner of Lot
36 (50 M 12) ; thence leaving said southeasterly boundary line of Laura Park
- Unit No. 3, along its northwesterly prolongation north 460 33' 10' west
58 feet, more or less, to the most easterly cornier of Lot 3 as shown on the
map of Tract 2186 filed September 7, 1955 in Book 60 of Maps at page 31;
thence along the northeasterly boundary of Tract 2186, north 460 33' 10"
west 285.00 feet to the most northerly corner of Lot 1 as shown on said Map
(60 M 31) ; theme leaving Tract 2186, north 460 33' 10" west 50 feet, more
or less, to the centerline of Bailey Road; thence northeasterly along said
marline, 1,350 feet, more or less, to the intersection with the course
with a bearing and distance of north 730 40' 57" west 261.220 feet in the
southerly boundary of the parcel of land described in the Fourth Amendment
to Lis Pendens of the United States of America recorded March 29, 1945 in
Book 812 of Official Records at page 413; thence along the general southerly
boundary of said parcel (812 O.R. 413) in a general easterly and
southeasterly direction 6203 feet, more or less, to 'the northwesterly
terminus of the course with a bearing and distance of north 660 53' 10" west
1296.877 feet in said United States of America Parcel (812 O.R. 413) ; thence
along said line, south 660 53' 10" east 738.36 feet to the most easterly
corner of that parcel of land described in the deed to J. Zhctmas Pixton, et
mo, recorded June 4, 1981 in Book 10353 of Official Records at page 256;
theme leaving said United States of America Parcel (812 O.R. 413) , along
the southeasterly line of said Pixton parcel (10353 O.R. 256) , south 290 44'
west 201.79 feet to the most easterly corner of Iat 3 as shown on the map of
Subdivision MS 22-63 filed May 14, 1963 in Book 22 of Lioensed Surveyors'
Maps at page 13; thence, along the southeasterly line of Lot 3, south 290
44' west 377.80 feet to the most southerly corner of said Lot 3 (22 L.S.M
13) ; thence, leaving Lot 3, southwesterly in a direct line, 55 feet, more or
less, to the northeasterly corner of Lot 9 as shown on the map of
Subdivision 4418 filed September 5, 1974 in Book 172 of Maps at page 47;
thence along the southeasterly and southwesterly boundary of Subdivision
4418 (172 M 47) . south 310 18' 15" west 397.27 feet and north 580 41' 45"
west 245.10 feet, to a point on the northeasterly line of the parcel of land
described in the deed to Donald M. Tessard, et ux, recorded July 23, 1976 in
Book 7950 of Official Records at page 477; theme along said northeasterly
4, Line (7950 O.R. 477) northwesterly 45 feet, more or less, to the most
northerly corner of said resaa*d parcel (7950 O.R. 477) ; thence
southwesterly along the norttzwesterly line of said Tessard parcel, south 290
44' west 250.00 feet to the most northerly corner of that parcel of lam
described in the deed to the Nullett Lewis Schneider and Sandra Jean
Schr eider Living Trust recorded October 17, 1988 in Bock 14656 of Official
Records at page 370; thence, along the northwesterly line of said Sc3neider
parcel and its southwesterly prolongation (14656 O.R. 370) , south 290 44'
west 177.5 feet to a point on the centerline of laurel Drive; thence along
the centerline of Laurel Drive, northwesterly 1180 feet, more or less, to
the point of intersection with the soutbuesterly prolongation of the
southeasterly line of Subdivision 5727 filed October 17, 1983 in Bock 273 of
maps at page 41; thence leaving the centerline of Laurel Dive, along the
southwesterly prolongation of the southeasterly line of Subdivision 5727
(273 M 41) north 310 18' 24" east 30.00 feet to the most southerly corner
of Lot 16 (273 M 41) ; theme along the southeasterly line of Subdivision
5727, north 310 18' 24" east 427.00 feet to the most southerly camer of Lot
9 (273 M 41) ; thence along the southerly lines of Lots 9 and 10 of
Subdivision 5727, north 580 41' 36" west 320.03 feet to a point on the
easterly richt of way line of Ellard Place; thence north 570 39' 38" west
25.00 feet to a point on the oenterline of said Ellard Place; thence along
the centerline of Ellard Place northeasterly 36.52 feet along the arc of a
curve concave to the southeast with a radius of 200.00 feet to the
intersection with the southeasterly prolongation of the southerly line of
lot 4 of Subdivision 5727 (273 M 41) ; thence, along said prolongation arra
said southerly line, north 470 11' 50" west 152.00 feet to a point on the
nordDmsterly boaxlary line of Subdivision 5727; thence, along said
northwesterly boundary line, south 310 18' 24" west 501 feet, more or less,
to the northeasterly right of way line of Laurel Dive; thence south 310 18'
24" west 30.00 feet to a point on the centerline of laurel Dive; thence
along said centerline, northwesterly 1453 feet, more or less, to the
intersection with the centerline of Ayers Road, the Point of Beginning.
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2
EXHIM "B"
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CIS No.
AN aFEDRNrE OF T�
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BS`IAffi,tSMM DRAnUGE FMS IN THE
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MR= CONSERVATION DM9MCT
DRAINAGE AM 33B
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:
SECI'ICN I. mm= PLAN. The drainage plan and map entitled "Drainage
Area 33B, Boundary Map and Drainage Plan", dated January, 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 33B
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) .
SDCI'ICN 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.
SPX.TICN III. E?04PrICKS. The fee shall not be required for the
following: 1) Tb 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) Tb modify structures or other
impervious surfaces, provided the amount of proud coverage is not increased by
more than 100 square feet; 3) Tb convey land to a goverment 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.
SECrIC K IV. FEE DEF ERMU. C n 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 riots to the Board of Supervisors for said area of deferred fee
until such time as the fee is paid.
SECTICIN V. BUIMING MMMS. Ewoept as permitted under Section III and IV,
the Contra Costa County or the city official having jurisdiction shall riot 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. Fbr single family residential swimming pools on lots for
which the drainage fee has riot been paid, the fee shall be $600 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 amoumt of net increase in impervious surface shall be
subject to a fee of $0.70 per square foot, but not to exceed the amount required
under Section VII.
CRDINWKE N0. 89/ Page 1 of 3
l SDCTICN VI. SMIVISICNS. Except as permitted under Sections III and IV,
the subdivider shall pay the drainage fee on the entire proposed subdivision or
,1 on each individual unit for which a final or parcel map is filed prior to
recordation of said map. Town house, om%kminiumm,and cluster housing type
subdivisions creatuq 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 lard 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.
SE7CTICN VII. FEE SCiiEMME Building Permit Subdivision
Ckmmeggial/Industrial/nawntam Office $28,785/acre $ 30,920/acre
Office (Medium) : 24,670/acre 27,565/acre
Off ioe (Lic-Int) : 20,645/acre 23,270/acre
Multifamily Residential (Including Mobile
Home Par)w)
Less than 2,500 sq. ft. of land per unit 22,680/acre 22,680/acre
2,500 to 21999 " to 1,345/unit 1,345/unit
3,000 to 31999 It of 11540 11540 "
4,000 to 4,999 to " 11790 " 11790 "
5,000 to 51999 If " 21050 " 2,050 "
61000 to 61999 it " 21305 " 2,305 "
7,000 to 71999 If " 21550 " 21550 "
80000 + of 21675 " 21675 "
Single Family Resid tial:
4,000 to 4,999 sq. ft. of land per unit $ 1,885/unit $ 3,015/unit
5,000 to 5,999 " is 11965 " 3,145 It
61000 to 61999 it to 21050 " 31270 "
7,000 to 71999 of " 21135 " 3,395 "
81000 to 91999 of " 21260 " 31575 "
10,000 to 13,999 of " 21515 " 31940 "
14,000 to 19,999 of " 21935 " 41535 "
20,000 to 29,999 to " 3,625 " 5.1440 "
30,000 to 39,999 to " 41500 " 6,495 "
40,000 + " " 51395 " 71485 "
Agricultural
Under 10% of lot impervious E xeutpt
More than 10% of lot impervious 27,440/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. nue 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. Me fee amounts under "Single Family Residential" shall
apply to lots containing only one dwelling unit. Fbr 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.
SDLTICN VIII. FEE PAYMENT. nie 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, constnuction, engineering, administration, repair
maintenanoe 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 boarded indebtedness of the drainage area.
SECPICN IX: ' CREDIT. Drainage fees previously paid shall be credited as
follows:
CRMANCE ND. 89/ Page 2 of 3
a) Where drainage fees have been partially paid hander a former Ordinance,
fees shall not be reWired for any part of the total area for which the
fee was paid.
b) Where drainage fees have been paid OUIer than pUrMIant 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 thetimeof the additional payment.
SBCTICN X. EE'r'DLTIVE 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 area.
PASSED AND ADOPTED CN , by the following vote:
AYES:
NOES:
ABSENT:
Chair of the Board
ATTEST: PHIL BATC 922, Clerk of the
Board of Supervisors and
County Administrator
BY
Deputy
UK:SC:dmw
DA33BDrd
(2/13/89)
CfftMWICE NO. 89/ Page 3 of 3