HomeMy WebLinkAboutRESOLUTIONS - 03201984 - 84-163 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on March 20, 1984 by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, Torlakson
NOES: None RESOLUTION NO. 84/163
ABSENT: Supervisor McPeak (West's Wat. Code App.
Ch. 63, Sec. 12.2 and
ABSTAIN: None 12.3)
Eft{BJENT: Establishment of Drainage Area 48C and the Institution of a Drainage
an erefor and Adoption of Drainage Fee Ordinance, West Pittsburg Area. Project
No. 7505-6F8185
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:
On February 7, 1984 this Board adopted its Resolution No. 84/80 proposing
to establish Contra Costa County Flood Control and Water Conservation District
Drainage Area 48C, consisting of that real property described in Exhibit "A",
and institute a drainage plan therefor.
On March 20, 1984, pursuant to Resolution No. 84/80 this Board
held a hearing on the question of the establishment of said Drainage Area, institution
of a drainage plan therefor, and the adoption of a drainage fee ordinance. At
the time and place fixed for said hearing before this 'Board , all written and
oral objections presented concerning the proposed Drainage Area, plans, and drainage
fee ordinance were considered.
This Board finds that all valid written protests filed do not represent
more than one-half of the assessed valuation of real property contained in the
proposed Drainage Area 48C. This Board also finds that no written petition for
an election, signed by at least 25% of the registered voters within proposed
Drainage Area 48C, has been filed.
It appears from the affidavits of publication on file with this Board
that all notices required to be given for such hearing have been duly and. regularly
given and all procedures have been followed in accordance with Sections 11 and
12.3 of the Contra Costa County Flood Control and Water Coservation District
Act and in accordance with the provisions of Resolution No. 84/80
This Board has received no resolution or ordinance adopted by an affected
city requesting the exclusion of territory from proposed Drainage Area 48C.
This Board hereby CERTIFIES that the Negative Declaration submitted to
it by the Public Works Department as to the environmental impact of proposed
Drainage Area 48C has been completed in compliance with the California Environmental
Quality Act, and said Board has reviewed and considered the information contained
therein.
This Board hereby FINDS that good cause exists for the establishment of
Drainage Area 48C and ORDERS that Contra Costa County Flood Control and Water
Conservation District Drainage Area 48C is established, consisting of the real
property described in Exhibit "A". The drainage plan, as shown on the map entitled
"Drainage Area 48C, Boundary Map and Drainage Plan", dated January, 1984, proposed
to be instituted for Drainage Area 48C and on file with the Clerk of the Board
of Supervisors, Administration Building, Martinez, California, is hereby INSTITUTED
RESOLUTION NO. 84/163
000220
This Board hereby ENACTS Ordinance No- 84-12 establishing drainage fees
in said Drainage Area.
This Board hereby DIRECTS the Public Works Director to file with the County
Clerk a Notice of Determination for this project.
1 hereby owlify that this Is a trueand Dorsal oM of
an action taken and entered on IM minutes of the
Board of Supervisors on the data shown.
ATTESTED: �d l arm a o , / 9 ?'-/
J.R. OL;3SON, COUNTY CLERK
and ex officio/Clerk of the Board
Depdy
Orig.Dept. : Public Works Department
Flood Control Planning
cc: County Administrator
County Counsel
Public Works Director
Flood Control
Land Development
County Assessor
County Treasurer - Tax Collector
County Auditor - Controller
Planning Department
Building Inspection
County Recorder
City of Pittsburg
Building Industry Association of Northern California, Eastern Division
RESOLUTION NO. 84 / 163
000226
EXHIBIT A
DRAINAGE AREA 48C - BOUNDARY DESCRIPTION
All that property situated in the County of Contra Costa, State of California,
described as follows:
All references to boundary lines, ownership and acreage are of the Official
Records of Contra Costa County, California.
Beginning at the northeast corner of Section 16, Township 2 North, Range
1 West, Mount Diablo Base and Meridian ; thence southerly 170 feet along
the east line of said Section 16; thence westerly 1,560 feet to a point
distant 40 feet northerly, at right angle measurement, from the north line
of Evora Road being the north line of Parcel 8A as described in the deed
to the State of California, rscorded September 28, 1976, in Book 8033,
at page 425; thence North 44 30'West 375 feet; thence westerly 850 feet,
more or less, to a point on the north-south mid-section line of Section
16. Said point lies 190 feet northerly of the north line of Evora Road,
measured along said mid-section line. Thence westerly 400 feet to a point
distant 35 feet northerly, at right angle measurement, from the north line
of Evora Road being the north line of Parcel 2 as described in the deed
to the State of California, recorded August 8, 1974, in Book 7293, at page
223; thence southerly 470 feet, more or less, to an angle point on the
north boundary of that 27.309 acre parcel granted to the State of California
as Parcel 1 in the deed recorded August 8, 1974, in Book 7293, at page
223. (Said angle point is the intersection of courses recorded as North
45028'44" East 336.02 feet and No6th 74026'23" East 338.17 feet. ) Thence,
leaving said angle point, South 60 00' West 870 feet; thence West 930 feet,
more or less, to the south line of Evora Road being the south line of Parcel
2 (7293 o.r. 223); thence along the south line of Evora Road, southwesterly
700 feet, more or less, to the west line of Section 16. Thence North 1020,31"
East 85.01 feet along said west line to the north line of Evora Road; thence
along said north line southwesterly 90 feet; thence North 25030' West 270
feet; thence North 2030'East 540 feet; thence North 23000' West 350 feet;
thence northerly 560 feet, more or 'less, to a point on the south line of
Section 8, Township 2 North, Range 1 West, distant thereon 145 feet westerly
of the southeast corner; thence easterly 145 feet to the southeast corner
of Section 8; thence North 1010' West 310 feet along the east line of Section
8; thence North 83000' East 300 feet; thence North 38000' East 680 feet;
thence North 7015' West 455 feet; thence North 20000' West 380 feet; thence
North 4000' West 1,180 feet; thence North 14015' West 435 feet; thence
North 40000' West 400 feet; thence northwesterly 355 feet, more or less,
to the intersection of the east line of Section 8 and the north line of
the East Bay Municipal Utility District right-of-way. Thence North 31000'
West 700 feet; thence North 1010' West 520 feet; thence northerly 515 feet,
more or less, to a point on the centerline of 50 feet in width Port Chicago
Highway, distant thereon 200 feet westerly of the intersection with the
centerline of 60 feet in width Nichols Avenue. Thence easterly 200 feet
along the centerline of Port Chicago Highway to the centerline of Nichols
Avenue; thence northerly 1,480 feet, more or less, along the centerline
of Nichols Avenue and its northerly prolongation to the north line of Southern
00022 7-1
EXHIBIT A
Pacific Railroad Company right-of-way. Thence easterly (record South 72018'
East) 4,720 feet, more or less, along said north line to a point measured
at right angle to said north line), distant 240 feet northerly of the northwest
corner of Lot 7 of Tract 3336 as shown in Map Book 101 , at page 7. Thence
Southerly 240 feet to the northwest corner of Lot 7; thence South 71016'30"
East 241.02 feet along the north lines of Lots 7, 6, 5, and 4 of Tract
3336 to the northeast corner of Lot 4; thence South 13027132" West 122.01
feet along the east line of Lot 4 to the north line of Levee Road; thence
North 76 32' 28" West 21 feet, more or less, along the north line of Levee
Road to its intersection with the northerly prolongation of the west line
of Lot 15 of Tract 3336; thence South 13 27'32" West 180 feet along said
northerly prolongation, along the west line of Lot 15, and along the southerly
prolongation of said west line to the north line of Lot 21 of Tract 3336;
thence South 76°32' 28" East 125 feet, more or less, along the north lines
of Lots 21 , 20, and 19 of Tract 3336 to the northeast corner of Lot 19;
thence South 13027' 32" West 100 feet along the east line of Lot 19 to the
north line of Shore Road; thence South 76032128" East 60 feet along the
north line of Shore Road to its intersection with the northerly prolongation
of the east line of Lot 32 of Tract 3336; thence South 13027'32" West 160
feet along said northerly prolongation and along said east line to the
southeast corner of Lot 32, being also the southeast corner of Tract 3336
and the northwest corner of Lot 43 of Tract 3824 as shown in Map Book 124,
at page 39. Thence along the boundary of Tract 3824 the following courses:
South 76034 '40" East 59.30 feet, South 68059'00" East 97.62 feet, South
11002146" East 106.61 feet, and South 0059'28" West 600 feet to the southeast
corner of Lot 32 of Tract 3824, being also the southeast corner of Tract
3824 and the northwest corner of Lot 757 of Shore Acres Unit No. 5 as shown
in Map Book 48, at page 47. Thence along the boundary of 48 M 47 the following
courses : South 88058120" East 100 feet North 85026148" East 50.24 feet,
South 88058' 20" East 100 feet, South 1'01 ' 40" West 125 feet, and South
43058120" East 42.43 feet to northeast corner of Lot 763 (48 M 47), being
also the northwest corner of Lot 341 of Shore Acres Unit No. 2 as shown
in Map Book 45, at page 1. Thence along the north line of said Lot 341
South 88058' 20" East 70 feet to the west line of Island View Drive; thence
along said west line and the southerly prolon ation thereof South 1001140"
West 137 feet to the south line of Marina Road ?45 M 1) ; thence along said
south line North 89054130" East 157.33 feet to the northeast corner of
that parcel of land granted in the deed to the Mount Diablo Unified School
District, recorded October 16, 1952, in Book 2008, at page 480; thence
along the east line of (2008 o.r. 480) and the southerly prolongation thereof
South 1001 '40" West 772.37 feet to the centerline of Pacifica Avenues shown
as Flumaveg Road in (45 M 1); thence along said centerline North 88 58'20"
West 42.96 feet to the west 1/4 corner of Section 10, Township 2 North,
Range 1 West; thence South 0056' 42"West ( rec. 203 M 31) 530 feet along
the west line of Section 10; thence easterly 1,000 feet, more or less,
to a point that bears North 0056'42" East 1,276 feet from the north corner
of Lot 33 of Tract 4663 as shown in Map Book 203, at page 31. Thence South
0056142" West 1,276 feet to the north corner of Lot 33; thence south 66006'32"
West 96.37 feet along the northwest lines of Lots 33 and 32 of Tract 4663
to the west corner of Lot 32; thence South 23053128" East 102 feet along
the southwest line of Lot 32 to the north line of Riverside Drive; thence
along said north line and its southwesterly prolongation South 66006'32"
West 80 feet, more or less, to a point that bears North 23053'28" West
56 feet from the north corner of Lot 37 of Tract 4663; thence South 23053128"
000228
EXHIBIT A
East 157.42 feet to a point on the boundary of Tract 4663; thence along
said boundary South 63037'26" West 135.99 feet to the most southerly corner
of Tract 4663, being also an angle point on the northeasterly line of the
Contra Costa Canal right-of-way granted in the deed to the United States
of America, recorded December 20, 1938, in Book 492 at page 207; thence
along said northeasterly line South 19022' East 215.8 feet and South 15050'
East 245.8 feet to a point on the south line of Section 10; thence along
said south line westerly 948 feet, more or less, to the southwest corner
of Section 10, being also the northeast corner of Section 16, the point
of beginning of this description.
000229
ORDINANCE NO . 84-12
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 48C
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 48C , Boundary Map and Drainage Plan " , dated January , 1984 , on
file with the Clerk of the Board of Supervisors , is adopted as the
drainage plan for Drainage Area 48C 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 . It is found and determined 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
wishing to construct additional impervious surfaces in said drainage
area , 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
hereby found to be 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 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 ; or 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 .
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 .
Page 1 of 4
000230
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 construc-
tion 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 $250 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 28 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
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 11 , 510/acre 12 , 370/acre
OfficeMedium 9,870/acre 11 ,030/acre
Office Li ht : 8, 260/acre 9, 310/acre
Multifamily Residential ( Including Mobile
Home Parks ) :
Less than 2 , 500 sq . ft . of land per unit 9, 270/acre 9, 270/acre
2 , 500 to 2 ,999 at 11 550/unit 550/unit
3 ,000 to 3 ,999 " of 620 It
620 "
4 ,000 to 4 ,999 " it 720 It
720 "
5 ,000 to 5 ,999 to It
830 " 830 "
6 ,000 to 6 , 999 It 940 " 940 it
7 .000 to 7 ,999 19060 19060 "
8 ,000 + 1 , 110 1 , 110 "
Single Family Residential :
4 ,000 to 4 , 999 sq . ft . of land per unit 750/unit 1 , 210/unit
5 ,000 to 5 , 999 790 19260 "
6 ,000 to 6 ,999 820 19310 "
7 ,000 to 7 , 999 850 1 , 360 "
8,000 to 9 , 999 It
" 900 " 1 ,430 "
10,000 to 13 ,999 " 1 ,010 " 1 , 580 "
14 ,000 to 199999 It
It 19170 " 19810 "
20,000 to 29,999 19450 " 21180 "
30, 000 to 39,999 19800 29600 "
405000 + 2 , 160 29990 "
Agricultural :
Under of lot impervious Exempt -
More than 10% of lot impervious 10,980/acre of developed portion
Page 2 of 4 000231
On single family lots , barns and sheds in excess of 400 square feet
and tennis courts shall not be considered as incidental residential
facilities included in the above fee schedule . The drainage fee for
the portion of these type 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 , except as noted in Section VI ,
lot size shall be : ( 1 ) for existing lots , that land shown on the latest
equalized county 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 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 reimburse-
ment 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 paid prior to the effective
date of this ordinance shall be credited as follows : 1 ) Drainage fees
paid under a previously adopted ordinance having a different measurement
of payment than impervious surface shall receive credit for the total
area for which the fee was paid ; 2) Drainage fees paid under conditions
of development as a mitigation measure or as an alternate to "collect
and convey" shall receive credit for the dollar amount of fee paid
uniformly spread over the development site.
SECTION X . LIMITATIONS . No lot shall be subject to payment of
the fee , under the terms of this ordinance , more than once , except
in the case of re-subdivisions , changes in land use and partial payments
under Sections IV and V . On the exceptions , credit for previous payments
shall be based on the fee schedule in effect at the time of the additional
payment .
Page 3 of 4
000232
SECTION XI . 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 March 20, 1984 by the following vote :
AYES : Supervisors Powers , Fanden , Schroder , and Torlakson
NOES : NONE
ABSENT : Supervisor McPeak
ATTEST : J . R . Olsson , County Clerk
and ex' officio Clerk of the Board
By
y qy�
Deputy Chairman of the Board
Diana M. Herman
Page 4 of 4
000233