HomeMy WebLinkAboutRESOLUTIONS - 08281990 - 90/5862.2d
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 August 28, 1990, by the following vote:
AYES: Supervisors Powers, Torlakson and Fanden
NOES: None
ABSENT: Supervisors Schroder and Fanden
ABSTAIN: None RESOLUTION NO. 90/ 586
SUBJECT: Establishment of Drainage Area 107, Institution of a Drainage Plan and
Adoption of a Drainage Fee Ordinance and Credit and Reimbursement
Policy therefor, Brentwood Area. Project # 7505-6F8168
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 June 19, 1990, this Board adopted a Resolution proposing to establish
Drainage Area 107 and to institute a drainage plan and to adopt a drainage fee ordinance
for the drainage area.
On August 28, 1990, pursuant to the Board's Resolution of June 19, 1990, this
Board held a hearing to consider the establishment of said drainage area, the institution
of a drainage plan and the adoption of a drainage fee ordinance. All written and oral
objections presented concerning the proposed establishment of said drainage area,
institution of a drainage plan and adoption 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 the proposed drainage
area. This Board also FINDS that no written petition for an election, signed by at least
25 percent of the registered voters within the proposed drainage area 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 the proposed drainage area.
This Board hereby CERTIFIES that the Environmental Impact Report submitted to
it by the Community Development Department as to the environmental impact of the
proposed establishment of said drainage area and institution of the drainage plan has
been completed in compliance with the California Environmental Quality Act, and it has
been reviewed and the comments, responses, and the information contained therein
considered.
This Board hereby also FINDS that good cause exists for the establishment of
aforesaid drainage area and ORDERS that Contra Costa County Flood Control and Water
Conservation District Drainage Area 107 be ESTABLISHED, consisting of the real property
described in the Exhibit "A" attached hereto. The drainage plan, as shown on the map
entitled, "Drainage Area 107, Boundary Map and Regional Drainage Plan", dated June
1990, proposed to be instituted for the drainage area and on file with the Clerk of the
Board of Supervisors,Administration Building, Martinez, California, is hereby INSTITUTED.
RESOLUTION NO. 90/ 586
EXHIBIT "A"
Contra Costa County Flood Control and Water Conservation District
Drainage Area 107
All that real property situated in Contra Costa County, California, the boundary of which
is described as follows:
References to maps, boundary lines, ownerships, and acreages are to records of said
County.
Beginning at the east quarter corner of Section 23, Township 1 North, Range 2 East,
Mount Diablo Meridian; said quarter corner being the most northeasterly corner of
Subdivision Number Eight of Brentwood Irrigation Farms Amended"filed August 4, 1920
in Book 17 of Maps at page 375; thence along the boundary of said Subdivision (17 M
375), following the centerline of Marsh Creek in a general southerly direction 9,447.7 feet,
to the most southerly corner (17 M 375); thence continuing along the centerline of Marsh
Creek in a general southwesterly direction 2,500 feet, more or less, to a 2" brass disk
monument stamped "FCD 6455" marking an angle point on the boundary of Contra Costa
County Flood Control and Water Conservation District Marsh Creek Damsite PARCEL 1
recorded January 31, 1964 in Volume 4544 of Official Records at page 616; thence along
said boundary the following courses: north 590 02' 3T'west 195.29 feet, south 680 03' 28"
west 105.96 feet, south 430 03' ST' west 512.38 feet, and south 320 05' 40" west 800 feet,
more or less, to the north line of the south half of Section 35 (T1 N, R2E); thence leaving
the boundary of said Damsite PARCEL 1, westerly 400 feet, more or less, along said
north line to a point that bears easterly 750 feet from the west quarter corner of Section
35; thence south 380 32' west 855 feet; thence south 000 11' east 482 feet; thence south
07° 28' west 768 feet; thence south 520 04' east 660 feet; thence southeasterly in a
straight line 600 feet, more or less, to a point on the south line of said Section 35 that
bears easterly 1,150 feet from the southwest corner of Section 35; thence south 57° 37'
east 280 feet; thence south 090 22' east 150 feet; thence south 540 21' west 247 feet;
thence south 090 07' east 147 feet; thence south 47° 30' west 107 feet; thence north 690
07' west 266 feet; thence south 680 11' west 673 feet; thence westerly in a straight line
300 feet, more or less, to a point on the east line of Section 3, Township 1 South, Range
2 East, that bears southerly 713 feet from the northeast corner of Section 3; thence north
700 09' west 592 feet; thence south 830 52' west 509 feet; thence north 610 46' west 811
feet; thence northwesterly in a straight line 885 feet, more or less, to the north quarter
corner of said Section 3; thence along the north line of Section 3, westerly 621 feet;
thence south 290 30' east 431 feet; thence south 210 47' west 413 feet; thence south 010
48' east 396 feet; thence south 830 26' west 852 feet; thence south 710 37' west 568 feet;
thence north 680 43'west 176 feet; thence northwesterly in a straight line 1,003 feet, more
or less, to a point on the west line of said Section 3 that bears southerly 525 feet from
the northwest corner of Section 3; thence north
650 53' west 491 feet; thence north
870
ez:da107.a
44' west 995 feet; thence north 730 35' west 188 feet; thence south 810 18' west 228 feet;
thence south 260 25' west 798 feet; thence south 47° 41' west 216 feet; thence north 550
52' west 970 feet; thence north 630 38' west 776 feet; thence northerly in a straight line
240 feet, more or less, to a point on the south line of Section 33 (T1 N, R2E) that bears
easterly 1,450 feet from the southwest corner of Section 33; thence north 07° 30' east 20
feet; thence north 050 23' west 219 feet; thence north 600 26' west 390 feet; thence north
880 08' west 287 feet; thence north 360 40' west 341 feet; thence westerly in a straight line
614 feet, more or less, to a point on the west line of said Section 33 that bears northerly
830 feet from the southwest corner of Section 33; thence north 580 56' west 619 feet;
thence north 230 56' west 358 feet; thence north 800 59' west 269 feet; thence north 550
15' west 179 feet; thence north 000 29' east 352 feet; thence north 260 18' west 481 feet;
thence north 040 24' east 138 feet; thence north 70 42' east 214 feet; thence
northeasterly in a straight line 40 feet, more or less, to a point on the south line of
PARCEL D of "Subdivision MS 64-77" filed February 16, 1978 in Book 63 of Parcel Maps
at page 32 (Said point bears north 890 52' 55" east 1,575 feet from the southwest corner
of PARCEL D.); thence northerly in a straight line 600 feet, more or less, to a point on
the north line of said PARCEL D that bears south 680 33' 51" east 1,619 feet from the
northwest corner of PARCEL D; thence north 680 33' 51" west 1,619 feet to said
northwest corner; thence northwesterly in a straight line 2,588 feet, more or less, to a
point on the south line of Section 29 (T1 N, R2E) that bears easterly 480 feet from the
southwest corner of Section 29; thence westerly 480 feet to said southwest corner;
thence along the west line of Section 29, northerly 300 feet; thence north 56°51'west 696
feet; thence north 520 26' west 1,976 feet; thence north 660 10' west 1,130 feet; thence
north 880 19' west 503 feet; thence south 700 32'west 591 feet; thence south 390 35'west
681 feet; thence south 590 39' west 181 feet; thence south 230 07' west 668 feet; thence
southwesterly in a straight line 200 feet, more or less, to a point on the east line of
Section 25, Township 1 North, Range 1 East, that bears northerly 850 feet from the
southeast corner of Section 25; thence southerly 850 feet to said southeast corner;
thence along the south line of Section 25, westerly 2,980 feet; thence north 730 14' west
388 feet; thence north 660 42' west 1,173 feet; thence westerly in a straight line 874 feet,
more or less, to a point on the east line of Section 26 (T1 N, R1 E) that bears northerly 772
feet from the southeast corner of Section 26; thence north 77°west 171 feet; thence north
520 29' west 954 feet; thence north 070 33' west 834 feet; thence north 260 50' west 849
feet; thence north 730 38' west 303 feet; thence north 490 56' west 476 feet; thence north
820 23' west 513 feet; thence southwesterly in a straight line 73 feet, more or less, to a
point on the east line of the northwest quarter of said Section 26 that bears southerly
1,885 feet from the north quarter corner of Section 26; thence south 550 59' west 642
feet; thence south 430 44'west 217 feet; thence south 030 13' east 650 feet; thence south
650 25' west 599 feet; thence north 500 03' west 465 feet; thence north 000 45' east 590
feet; thence north 320 06' west 392 feet; thence westerly in a straight line 940 feet, more
or less, to a point on the west line of said Section 26 that bears southerly 1,780 feet from
the northwest corner of Section 26; thence north 710 27' west 964 feet; thence north 00°
26' west 470 feet; thence north 330 40' west 326 feet; thence north 570 27' west 762 feet;
thence north 800 08' west 463 feet; thence northwesterly in a straight line 505 feet, more
or less, to the south quarter corner of Section 22 (T1 N, R1 E); thence north 740 06' west
438 feet; thence north 210 39' west 498 feet; thence north 400 23' east 280 feet; thence
2
ez:da107.a
north 280 37' west 429 feet; thence north 060 33' east 447 feet; thence south 820 44' west
320 feet; thence north 450 27' west 282 feet; thence south 520 21' west 265 feet; thence
westerly in a straight line 49 feet, more or less, to a point on the east line of the west half
of the southwest quarter of said Section 22 that bears southerly 1,075 feet from the
northeast corner of the west half of the southwest quarter of Section 22; thence northerly
1,075 feet to said northeast corner; thence along the east line of the west half of the
northwest quarter of Section 22, northerly 200 feet; thence north 820 15' east 200 feet;
thence north 060 20' east 202 feet; thence north 600 49' east 388 feet; thence north 000
46' west 161 feet; thence north 420 25' east 254 feet; thence north 380 02' west 227 feet;
thence north 260 55' east 687 feet; thence northeasterly in a straight line 647 feet, more
or less, to a point on the west line of the northeast quarter of Section 22 that bears
southerly 354 feet from the north quarter corner of Section 22; thence northerly 354 feet
to said quarter corner; thence along the north line of Section 22, easterly 490 feet; thence
north
460 55' east 243 feet; thence north
760 33' east 847 feet; thence north 500 52' east
821 feet; thence easterly in a straight line 512 feet, more or less, to a point on the west
line of Section 14 (T1 N, R1 E) that bears northerly 900 feet from the southwest corner of
Section 14; thence north 850 34' east 379 feet; thence south 700 56' east 352 feet; thence
southeasterly in a straight line 322 feet, more or less, to a point hereinafter referred to as
Point A [The location of Point A is described as follows: Beginning at the north quarter
corner of Section 23 (T1 N, R1 E); thence along the north line of Section 23, westerly 480
feet; thence north 500 28' west 1,117 feet; thence south 760 03' west 334 feet to Point A.];
thence from Point A, north 760 03' east 334 feet; thence south 500 28' east 1,117 feet to
the north line of Section 23 (T1 N, R1 E); thence along said north line, easterly 480 feet,
to the north quarter corner of Section 23; thence along the east line of the northwest
quarter of Section 23, southerly 198 feet; thence easterly in a straight line 392 feet, more
or less, to a point hereinafter referred to as Point B [The location of Point B is described
as follows: Beginning at the northeast corner of Section 23; thence along the east line
of Section 23, southerly 2,100 feet; thence north 68° 34' west 649 feet; thence north 320
07' west 933 feet; thence north 130 37' east 276 feet; thence south 880 36' west 195 feet;
thence north
660 13'west 877 feet; thence north
440 34'west 309 feet to Point B.]; thence
from Point B, south 440 34' east 309 feet; thence south 660 13' east 877 feet; thence north
880 36' east 195 feet; thence south 130 37' west 276 feet; thence south 320 07' east 933
feet; thence south 680 34' east 649 feet to the east line of Section 23; thence easterly in
a straight line 459 feet, more or less, to a point hereinafter referred to as Point C [The
location of Point C is described as follows: Beginning at the center of Section 24 (T1 N,
R1 E); thence along the north line of the southwest quarter of Section 24, westerly 414
feet; thence north 390 33' west 337 feet; thence north 830 21' west 748 feet; thence north
450 13' west 308 feet; thence north 720 53' west 424 feet; thence south 620 03' west 345
feet to Point C.]; thence from Point C, north 620 03' east 345 feet; thence south 720 53'
east 424 feet; thence south 450 13' east 308 feet; thence south 830 21' east 748 feet;
thence south 390 33' east 337 feet to the north line of the southwest quarter of Section
24; thence easterly 414 feet to the center of Section 24; thence along the east line of the
southwest quarter of Section 24, southerly 186 feet; thence easterly in a straight line 809
feet, more or less, to a point hereinafter referred to as Point D [The location of Point D
is described as follows: Beginning at the southwest corner of Section 19 (T1 N, R2E);
thence along the west line of Section 19, northerly 1,800 feet; thence north 720 27' west
3
ex:dal 07.a
96 feet; thence south 780 39' west 318 feet; thence north 580 19' west 418 feet; thence
south 73° 11' west 330 feet; thence north 640 22' west 299 feet; thence north 810 37' west
306 feet; thence north
450 08' west 289 feet to Point D.]; thence from Point D, south 450
08' east 289 feet; thence south 810 37' east 306 feet; thence south 640 22' east 299 feet;
thence north 730 11' east 330 feet; thence south 580 19' east 418 feet; thence north 780
39' east 318 feet; thence south 720 27' east 96 feet to the west line of Section 19; thence
easterly in a straight line 217 feet, more or less, to a point hereinafter referred to as Point
E [The location of Point E is described as follows: Beginning at the northeast corner of
Section 30 (T1 N, R2E); thence along the north line of Section 30, westerly 1,500 feet;
thence north 480 west 757 feet; thence north 620 west 1,631 feet; thence south 800 07'
west 416 feet; thence north 490 48' west 582 feet; thence north 670 15' west 535 feet;
thence south
860 06' west 215 feet to Point E.]; thence from Point E, north 860 06' east
215 feet; thence south 670 15' east 535 feet; thence south 490 48' east 582 feet; thence
north 800 07' east 416 feet; thence south 620 east 1,631 feet; thence south 480 east 757
feet to the north line of Section 30; thence southeasterly in a straight line 1,620 feet, more
or less, to a point on the east line of Section 30 that bears southerly 600 feet from the
northeast corner of Section 30; thence easterly in a straight line 2,180 feet, more or less,
to a point on the north line of PARCEL D of "Subdivision MS 239-7T' filed June 29, 1978
in Book 67 of Parcel Maps at page 34 (Said point bears south 890 51' 53" west 2,035 feet
from the northeast corner of said Parcel D.); thence north 890 51' 53" east 1,500 feet;
thence south 390 08' west 51.7 feet; thence south 070 18' east 368 feet; thence south 690
25' 44" east 551 feet to the northwest corner of PARCEL C of "Subdivision MS 150-80"
filed October 11, 1982 in Book 103 of Parcel Maps at page 15; thence along the
boundary of said PARCEL C, north 890 52' 52" east 1,075.36 feet and south 100 08' 19"
west 89.95 feet, to the northwest corner of PARCEL D (103 PM 15); thence along the
boundary of said PARCEL D, south 760 30' 29" east 1,444.99 feet and south 020 09' 31"
west 318.09 feet, to the northeast corner of"Subdivision MS 166-78" filed May 7, 1979 in
Book 76 of Parcel Maps at page 34; thence along the boundary of "Subdivision MS 166-
78" the following courses: south 020 09' 31" west 80.54 feet; south 020 58' 23" west
1,529.64 feet to the arc of a tangent curve concave to the northwest having a radius of
370 feet; along said arc, southerly and southwesterly 465.70 feet, through a central angle
of 720 06' 52", to the arc of a reverse curve concave to the southeast having a radius of
480 feet; along the arc of said reverse curve, southwesterly and southerly 679.98 feet,
through a central angle of 81° 10' 00'; south 060 04' 45" east 89.93 feet to the arc of a
tangent curve concave to the east having a radius of 1,030 feet; along said arc, southerly
123.03 feet, through a central angle of 060 50' 3T', to the south line of Section 28 (T1 N,
R2E); thence leaving the boundary of "Subdivision MS 166-78" and following the south
line of Section 28, easterly 2,181.69 feet, to a point that bears westerly 2,380 feet from the
southeast corner of Section 28; thence south 680 09' east 204 feet; thence south 560 52'
east 832 feet; thence south 81° 01' east 727 feet; thence easterly in a straight line 798
feet, more or less, to a point on the west line of Section 34 (Ti N, R2E) that bears
southerly 831 feet from the northwest corner of Section 34; thence northerly 831 feet to
said northwest corner; thence along the north line of Section 34, easterly 2,640 feet, more
or less, to the north quarter corner of Section 34; thence north 580 00' east 237 feet;
thence north 270 32' east 358 feet; thence north 650 10' east 850 feet; thence north 390
44' west 1,338 feet; thence north 030 59' east 912 feet; thence north 490 07' east 473 feet;
4
ex:da107.a
thence north 750 07' east 385 feet; thence south 720 02' east 374 feet; thence north 590
58' east 157 feet; thence north 350 39' east 495 feet; thence south 760 15' east 429 feet;
thence southeasterly in a straight line 580 feet, more or less, to a point on the west line
of Section 26 (T1 N, R2E) that bears northerly 3,100 feet from the southwest corner of
Section 26; thence south 450 east 200 feet; thence south 840 35' east 218 feet; thence
north 230 59' east 567 feet; thence north 230 58' west 230 feet; thence north 010 01' east
896 feet; thence north 170 30' east 963 feet; thence north 020 11' west 926 feet; thence
north 580 05' east 301 feet; thence north 88°56' east 838 feet; thence north 460 22' east
374 feet; thence northeasterly in a straight line 1,100 feet, more or less, to the southerly
centerline terminus of East Contra Costa Irrigation District Main Canal right-of-way (Said
terminus bears north 610 42' 3T' west 86.00 feet along the northwesterly prolongation of
the course shown as "S 610 42' 3T' E 14.00" on the map of"Subdivision MS 145-7T' filed
August 14, 1979 in Book 80 of Parcel Maps at page 4.); thence along said prolongation,
south 610 42' 3T' east 86.00 feet, to the boundary of "Subdivision MS 145-7T'; thence
along said boundary the following courses: south 610 42' 3T' east 14.00 feet, north 280
17' 23" east 1,207.00 feet, and south 650 50' 3T' east 2,222.57 feet, to the centerline of
Marsh Creek Road; thence leaving the boundary of said Subdivision (80 PM 4),
southeasterly in a straight line 30 feet, more or less, to the Point of Beginning.
LH:cw:md:drg
ex:da107.a
June 5, 1990
5
CRDINANCE NO. 90-77
AN ORDINANCE OF THE
CONTRA OOSTA COUNTY FTDOD OOITML
AND
WATER OONSERVATICN DISTRICT
ESTABL.ISHMG DRAINAGE FEES IN THE
OC ffM OOGI`F COUNTY AMD OONTFOL
AND
WATER CM RVATICN DISTRICT
MRAMAGE AREA 107
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:
SECTICN I. DRAINAGE PLAN. The drainage plan and map entitled "Drainage
Area 107, Boundary Map and Regional Drainage Plan", dated June, 1990, 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 107 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 in.-rease in impervious surfaces, will require
the construction of facilities describer] 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. EXEI+MONS. The fee shall riot 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 increaser) by
more than 100 square feet; 3) To convey lard 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.
SOMON IV. FEE DEFOOEM. On lots greater than two acres in size, the
property owner can defer the payment of Ube fee on the portion of the lot in
excess of two acres that is not a required part of the pending development. lbe
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 PFRKrM. 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 $145 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 $0.17 per square foot, but not to exceed the amount required
under Section VII.
ORDINANCE NO. 90-77
Page 1 of 3
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, condaninium,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
Conv ercial/Industrial/Downtown Office 6990/acre 7510/acre
Office (Medium) : 5990/acre 6695/acre
Office WOW : 5015/acre 5650/acre
Multifamily Residential (IncludiLig Mobile
Home Parks) :
Less than 2,500 sq. ft. of land per unit 5510/acre 5510/acre
21500 to 2,999 to to 325/unit 325/unit
31000 to 3,999 of 375/ "375/ Is
4,000 to 4,999 of 435/ "435/ Of
51000 to 51999 500/ "500/ it
61000 to 61999 of 560/ "560/ "
71000 to 7,999 620/ "620/ "
81000 + 650/ "650/ "
Single Family Residential:
4,000 to 4,999 sq. ft. of land per unit 460/unit 735/unit
5,000 to 50999 of 480/ " 765/ "
6,000 to 61999 of to 500/ " 795/ It
7,000 to 71999 of 520/ " 825/ It
81000 to 9,999 Is 550/ " 870/ "
10,000 to 13,999 of 610/ " 960/ "
14,000 to 19,999 to It 710/ It 1100/ is
20,000 to 29,999 it of 880/ of 1320/ "
30,000 to 39,999 to 1095/ "1580/ "
40,000 + 1310/ "1820/ "
hgricultural:
Under 10% of lot inperviom Exempt
More than 10% of lot impervious 6665/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 lanai 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 constriction 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 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.90-77
Page 2 of 3
SECPICN IX: cpmm Drainage fees previously paid shall be credited as
follows:
a) Where drainage fees have been paid under a former drainage fee ord-
inance based on acreage, fees shall not be required under Section VII
for any part of the total area for which the fee was paid, except in
the case of a resubdivision.
b) Where drainage fees have been paid under this ordinance or another
drainage fee ordinance based on impervious surface, fees shall not be
required under Section VII for the total impervious surface area for
which the fee was paid. However, fees shall be payable under Section
VII for any additional impervious surface area.
c) Where drainage fees have been paid other than pursuant to an adapted
drainage fee ordinance, the dollar amount of the fee paid for the
development site in question shall be credited against the fees payable
under Section VII.
SECMCN X. EF7ECITVE DATE. This ordinance be=aes 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 county.
PASSED AND ADOFPED CN August 28, 1990 , by the following vote:
AYES: Supervisors Powers, Torlakson and Fanden
NOES:None
ABSENP: Supervisors Schroder and McPeak
Chair o Board
AT'IT:ST: HILL BATCI;ELLCR, Clerk of the
Board of Supervisors and
County Ad n;strator
By , n/7Lw
Deputy
Fr-:CRD107.T6
June 5, 1990
CRDITWNCE NO. 90-77
Page 3 of 3