HomeMy WebLinkAboutRESOLUTIONS - 06051984 - 84-320 A
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
G'
'S
Adopted this Order on Atina L984 , by the following vote:
AYES: Supervisors Powers , Fanden, Schroder, Mcpeak, Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 84/320
SUBJECT: Notification of Hearing to Consider the Amendment of Drainage Area 52C
Boundary and Plan and Enact a Drainage Fee Ordinance, Brentwood Area.
Project No. 7571-6D8208.
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, herein referred to as Act, provides authority for its . governing board to
amend drainage plans and enact drainage fee ordinances.
This Board has before it for consideration the proposed amendment of .the
Drainage Area 52C boundary as described in Exhibit "A", attached hereto and incorpo-
rated herein by reference, the Drainage Area Plan, and the drainage fee ordinance.
The Board further has before it the Draft Negative Declaration, the Engineer's
Report and the amended drainage plan entitled "Drainage Area 52C, Amended Boundary
Map and Drainage Plan," dated May, 1984. Said documents, which show the general
location of said area and provide an estimate of the cost of the facilities to
be amended within 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 the Drainage Area 52C Boundary and Plan be amended
and that the attached drainage fee ordinance be enacted.
At 10:30 a.m. on Jury 17, 1984, in the Chambers of the Board of Supervisors,
Administration Building, Martinez, California, this Board will conduct a public
hearing on the proposed amendment of said drainage area plan and the adoption
of the attached drainage fee ordinance for 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 amendment of the
Drainage Area Plan and the enactment of the attached drainage fee ordinance.
Upon conclusion of the hearing, the Board may abandon the proposed amendment
of plans and enactment of the attached drainage fee ordinance, or proceed with
the same.
The Clerk of this Board is DIRECTED to publish a Notice of the Hearing,
pursuant to Government Code SS6066, once a week for two (2) successive weeks
prior to the hearing, in the "Brentwood News", a newspaper of general circulation,
circulated in Drainage Area 52C. 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.
RESOLUTION NO. 84/320
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The exterior boundaries of said Drainage Area include lands within the
City of Brentwood. 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.
I l�erebit eertHY that thN N a true and correct cePY�
an acrion taken and entered on vo wdn64e&of 00
BAard of 5upervigora on the date shown.
ATTESTED:
J.A. OL °Ot ,COUNTY CLERK
ar.-1 ex cfficlo Cicrk of the Doard
n ' Deputy
By
Orig.Dept.: Public Works Department
cc: County Administrator
County Counsel
Public Works Director
Flood Control Planning
Land Development
Planning Department
Building Inspection
County Assessor
County Treasurer - Tax Collector
County Auditor - Controller
City of Brentwood
708 Third Street
Brentwood, CA 94513
Building Industry Assoc. of Walnut Creek
1280 Boulevard Way, #211
Walnut Creek, CA 94595
Ralph Garrow, Inc.
P. 0. Box 367 '
Antioch, CA 94509
uk:da52c.resol.t5
RESOLUTION NO. 84/320
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EXHIBIT
.12EXHIBIT A
CONTRA COSTA COUNTY FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
DRAINAGE AREA 52C
A portion of the Town of Brentwood as shown on the "Map of Brentwood"
filed September 1, 1881, in Book A of Maps, at page 11; a portion of "Sub-
division Number Three of Brentwood Irrigated Farms" filed September 11,
1917, in Book 16 of Maps , at page 324; a portion of "Subdivision Number
Four of Brentwood Irrigated Farms" filed September 11, 1917, in Book 16
of Maps, at page 325; a portion of "Subdivision Number Five of Brentwood
Irrigated Farms, Amended" filed August 4, 1920, in Book 17 of Maps, at
page 372; a portion of the Rancho Los Meganos ; and portions of Sections
6 and 7, Township 1 North, Range 3 East, Mount Diablo Base and Meridian,
described as follows:
All references to boundary lines and ownerships are of the Official
Records of Contra Costa County.
Beginning on the centerline of Liberty Links Highway (State Sign Route
4) at the point of intersection with the Marsh Creek Channel control line
connecting "Point 2F" and "Point 2G" designated in the deed to Contra Costa
County Flood Control and Water Conservation District recorded January 6,
1965, in Book 4777 of Official Records, at page 508; thence from the point
of beginning, along the centerline of said highway, southerly 4,700 feet,
more or less, to the point of intersection with the northwesterly prolongation
of the southwesterly line of the parcel of land described in the deed to
Homer L. and Patricia Beasley, et al , recorded December 1, 1972, in Book
6812 of Official Records, at page 304; thence along said northwesterly
prolongation, southwesterly line, and southeasterly prolongation, South
350 37' . East 1,030 feet, to the easterly corner of the parcel of land described
in the deed to Renwick P. Russell , et ux, recorded December 4, 1975, in
Book 7702 of Official Records, at page 254; thence along the southeasterly
line of said Russell parcel (7702 O.R. 254) and its southwesterly prolongation,
South 540 23' West 713 feet, to the easterly line of said Liberty Links
Highway; thence along said easterly line, southerly 166 feet, to the north-
easterly line of Second Street; thence along said northeasterly line, South
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350 37' East 725 feet, to the northwesterly line of Dainty Avenue, (formerly
Maple Street) ; thence along said northwesterly line, North 540 23' East
400 feet, to the northeasterly line of Third Street; thence. along said
northeasterly line, South 350 37' East 560 feet, to the southeasterly line
of Oak Street as shown on the "Map of Brentwood" (A M 11) ; thence along
said southeasterly line, South 540 23' West 1,050 feet, to the southwesterly
line of the 20 feet wide alley crossing "Block D" as shown on the "Map
of Brentwood" (A M 11) ; thence along said southwesterly line, South 350
37' East 400 feet, to the northwesterly line of Chestnut Street; thence
along said northwesterly line and its southwesterly prolongation, South
540 23 ' West 235 feet, to the southwesterly line of Railroad Avenue; thence
along said southwesterly line, North 240 19' West 24.27 feet and North
350 37 ' West 456 feet, to the northwesterly line of Oak Street; thence
along said northwesterly line, South 540 23' West 75 feet, to the southwesterly
line of "Parcel B" as said parcel is shown on the map filed December 7, 1970,
in Book 14 of Parcel Maps, at page 50; thence along said southwesterly line
and its northwesterly prolongation, North 350 37 ' West 400 feet, to the
southeasterly line of Dainty Avenue; thence along said southeasterly line,
South 540 23' West 225 feet, to the northeasterly line of Walnut Boulevard,
also being the easterly boundary line of Contra Costa County Flood Control
and Water Conservation District Drainage Area 52A; thence along said drainage
area boundary, southerly 6,360 feet, to the northerly line of the "Main
Canal " as shown on "Subdivision Number Three of Brentwood Irrigated Farms"
(16 M 324) ; thence along said northerly line, North 890 55' East 6,350
feet, more or less, to the most southeasterly corner of "Subdivision MS
106-77" as shown on the map filed July 12, 1978, in Book 67 of Parcel Maps,
at page 49; thence along the boundary of said subdivision the following
courses: North 350 25 ' West 700.85 feet, North 620 45' East 192.91 feet,
and North 000 01 ' East 390.89 feet, to the most southerly corner of Lot
196, "Subdivision Number Four of Brentwood Irrigated Farms" (16 M 325) ;
thence along the east line of said Lot 196 and its northerly prolongation,
.North 000 01 ' East 1,621.6 feet, to the north line of Balfour Road; thence
along said north line, North 890 37 ' 30" East 120 feet; thence North 000
01' East 1,000 feet; thence northwesterly 720 feet, more or less, to a
point on the centerline of Subdivision Road "D" , distant thereon South
OOo 01' West 1,120 feet from the southeast corner of Lot 163 of said subdivision
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(16 M 325) ; thence North 000 O1' East 1,120 feet to said southeast corner,
being also a point on the north line of Brentwood Road; thence North 000
01' East 2,615.1 feet to the northeast corner of Lot 147 of said subdivision
(16 M 325) , being also a point on the south line of Section 7, T I N, R
3 E, distant thereon 1,743.2 feet westerly from the granite monument at
the southeast section corner; thence along the north line of said Lot 147,
South 890 15 ' West 113.8 feet, to the southeast corner of that parcel of
land described in the Decree of Settlement of Final Account and of Final
Distribution to Margaret Hyde Bonnickson recorded November 7, 1978, in
Book 9094 of Official Records, at page 77; thence North 1 ,320 feet to the
northeast corner of said Bonnickson parcel , being also a point on the south
line of that parcel of land described in the deed to Peter A. and Natalie
L. Stolich recorded March 21, 1969, in Book 5837 of Official Records, at
page 291; thence along said south line, North 890 50' East 50 feet, to
the southeast corner of said Stolich parcel ; thence North 000 29' East
3,831.2 feet along the east line of said Stolich parcel to its intersection
with the south line of East Bay Municipal Utility District right-of-way;
thence along south line, South 890 46' West 473.3 feet, more or less, to
its intersection with the southerly prolongation of the east line of that
parcel of land described as Parcel One in the deed to George S. Nunn, recorded
November 1, 1974, in Book 7358 of Official Records , at page 462; thence
along said southerly prolongation, North 10 23' East 120 feet, to the southeast
corner of said Nunn parcel, being a point of the centerline of Sunset Road,
being also a point on the north line of Section 7, T I N, R 3 E, distant
thereon 2,318.81 feet westerly from the northeast section corner; thence
along the east line of said Nunn parcel and its northerly prolongation,
North 10 23 ' East 2,955 feet, more or less, to the point of intersection
with the Marsh Creek Channel control line connecting "Point 1R" and "Point
1S" (described as North 850 55' 57' West 390.29 feet in the deed to Contra
Costa County Flood Control and Water Conservation District, recorded June
6, 1965, in Book 4777 of Official Records, at page 508); thence along said
control line North 850 55' 57" West 370 feet, more or less, to said "Point
1S"; thence continuing along said control line as described in said deed
(4777 O.R. 508) , westerly, southerly, and southwesterly 4,883 feet, more
or less, to its point of intersection with the centerline of Liberty Links
Highway, the point of beginning.
fc:fc.da52cdescription.t4 0 0 0 11 9
EXHIBIT B
ORDINANCE NO. 84-
AN ORDINANCE REPEALING ORDINANCE NO. 83-33
OF THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
AND SUBSTITUTING A DRAINAGE FEE ORDINANCE
BASED ON A UNIFORM FEE PER ACRE
WITHIN THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
DRAINAGE AREA 52C
The Board of Supervisors of Contra Costa County as the governing
board of the Contra Costa County Flood Control and Water Conservation District
does ordain as follows:
SECTION 1. Ordinance No. 83-33 of the Contra Costa County Flood
Control and Water Conservation District is hereby repealed.
SECTION 2. The Board hereby enacts the following as the drainage
fee ordinance for Drainage Area 52C:
SECTION I . The drainage plan and map entitled "Drainage Area 52C,
Amended Boundary Map and Drainage Plan" , dated May, 1984, on file with
the Clerk of the Board of Supervisors, is adopted as the drainage plan
for Drainage Area 52C 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. It is found and determined that past and future subdivisions
and development of property within Drainage Area 52C require the construction of
the facilities described in said drainage plan and that the fees herein
provided to be charged are fairly apportioned within said drainage area on
the basis of benefits conferred on property within said drainage area.
SECTION III . The fees herein provided are apportioned uniformly on a
per acre basis, and the total of all fees collectible hereunder does not
exceed the total estimated costs of all drainage facilities shown on the
drainage plan.
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SECTION IV. The drainage facilities planned are hereby found to be
in addition to existing drainage facilities serving Drainage Area 52C at
the time of the adoption of said drainage plan for Drainage Area 52C
SECTION V. The Contra Costa County or the City official having jurisdiction
shall not issue a building permit for construction resulting in a 500-square
foot or more increase in ground coverage within Drainage Area 52C until
this fee has been paid. The official having jurisdiction may accept cash,
or other consideration ( in the form of actual construction of a part of
drainage facilities by the applicant or his principal ) in lieu of the fee
when authorized to do so by the Chief Engineer of the District. This fee
shall not be required if the requested permit is for the performance of
one of the following:
(1) To replace a structure destroyed or damaged by fire, flood,
wind, or acts of God. This exception is only to the extent that the resultant
structure has the same or less ground floor square footage as the original
structure; if the ground floor square footage is increased, the square
footage of the additional ground floor area shall be used to determine
if a fee is due.
(2) To construct a swimming pool, patio, patio cover, or driveway.
(3) To construct facilities (including dwellings) on lots greater
than twenty acres in area, provided that less than ten percent
of the lot area is covered by impervious surfaces.
(4) To construct, enlarge or modify concrete or asphalt concrete sur-
faces incidental to land uses other than single family residential .
This exemption is only to the extent that the increase in impervious
area is less than 1,500 square feet.
SECTION VI . In the case of a new subdivision, the subdivider shall
pay the fees prior to the recordation of the final or parcel map. The
fees may be paid on the entire proposed subdivision or on each individual
phase for which a final or parcel map is filed. The fees in the case of
a subdivision shall be paid to either the County or City official having
jurisdiction along with the other fees submitted with the subdivision im-
provement plans. The official having jurisdiction may accept cash, or
other consideration (in the form of actual construction of a part of said
drainage facilities by the applicant or his principal) in lieu of the payment
of fees when authorized to do so by the Chief Engineer of the District.
This fee shall not be required:
(1) If the subdivision is for the conveyance of 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.
(2) If the minimum lot size created as a result of the subdivision
is twenty acres or more.
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SECTION VII . All fees collected hereunder shall be paid into the
County Treasury to the account of the drainage facilities fund established
for Drainage Area 52C. Monies in said fund shall be expended solely for
land acquisition, construction, engineering, repair maintenance and operation
or reimbursement for. the same, in whole or in part, of drainage facilities
within said Drainage Area 52C, or to reduce the principal or interest of
any bonded indebtedness of Drainage Area 52C.
SECTION VIII. The fee imposed hereunder shall be $9,820 per acre.
SECTION IX. For individual lots the fee shall be determined by multiplying
the fee per acre by the area of the lot calculated to the nearest hundredth
of an acre.
For the purpose of this section of the ordinance "lot" shall mean
either of the following:
(1) That land shown on the latest equalized County assessment roll
as a unit when said unit contains one-half (1/2) acre or less,
Plus its share of common area, when applicable.
(2) When the unit of land, as shown on the latest equalized County
assessment roll , contains more than one-half (1/2) acre, the
"lot" shall include the construction area, containing a minimum
of one-half (1/2) acre, plus its share of common area, when appli-
cable.
The "lot" shall exclude the area falling within the public street
right-of-way..
(3) For subdivisions the fee shall be determined by multiplying the
fee per acre by the gross area of the subdivision excluding the
area falling within the public street right-of-way prior to the
land being subdivided. Where a subdivision creates individual
residential lots larger than one-half (h) acre, the area of these
lots used in determining the gross area shall be limited to one-half
O acre per lot.
SECTION X. No lot shall be subject to payment of the fee, under the
terms of this ordinance, more than once, excepting those lots greater than
one-half (1/2) acre where partial fees were paid in accordance with the
requirements of SECTION IX. In the case of a partial fee payment the remainder
of the lot, excluding the one-half (1/2) acre, will be subject to payment
of acreage fees whenever it is subdivided or additional building permits
are obtained.
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SECTION 3. 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 'Brentwood
News", a newspaper published in this county.
PASSED AND ADOPTED by the following vote:
AYES: Supervisors -
NOES: Supervisors -
ABSENT: Supervisors -
Chairman of the Board
ATTEST: J.R. Olsson, County Clerk
and ex officio the Clerk of the Board
By
Deputy
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