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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
AS THE GOVERNING BODY OF CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
Adopted this Resolution on December 20, 1994, by the following vote:
AYES: Supervisors Smith, Bishop, DeSaulhier, Torlakson and Powers
NOES: None
ABSENT: None
ABSTAIN: None RESOLUTION NO. 94/ 634
(West's Water Code App.
Ch. 63, Sec. 12.2 and 12.3)
SUBJECT: The Establishment of Drainage Area 109 and the Adoption of a
Drainage Fee Ordinance and Credit and Reimbursement Policy, Byron
Area. Project No. 7505-6178189; CDD CP#94-44
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 November 8, 1994, this Board set a public hearing to consider establishing Drainage
Area 109 and to adopt a drainage fee ordinance for said drainage area.
On December 20, 1994, pursuant to the Board Resolution of November 8, 1994, this Board
held a hearing to consider the establishment of said drainage area and the adoption of a
drainage fee ordinance. At that time all written and oral objections presented concerning
these actions were considered.
This Board hereby 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
twenty-five 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 and in accordance with
the provisions of the Board's Resolution of November 8, 1994.
This Board has received no resolution or ordinance adopted by an affected city requesting
the exclusion of territory from the proposed drainage area.
RESOLUTION NO. 94/ 634
Establishment of Drainage Area 109
December 20, 1994
Page 2
Pursuant to Government Code Section 66001(a), the Board FINDS that the purpose of the
drainage fees described in this resolution is to generate monies to finance the construction
of future drainage improvements within the proposed drainage area. The fees will be used
to finance drainage improvements such as are described in the engineer's report. As
discussed in more detail in said report and in the"Report on Impervious Surface Drainage
Fee Ordinance,"dated January 1982, the types of development that are subject to the fees
will generate additional impervious surfaces and storm water runoff within said drainage
area, thus creating a need to construct improvements. Use of the fees paid by each type
of development will provide necessary infrastructure to mitigate adverse drainage impacts
that would otherwise result from such development.
This Board finds that the activity, the formation of Drainage Area 109, is not subject to the
California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of Article 5,
CEQA Guidelines. This Board hereby DIRECTS the Director of Community Development
to file a Notice of Exemption (the custodian of which is the Chief Engineer who is located
at 255 Glacier Drive, Martinez), with the County Clerk.
This Board further AUTHORIZES the Chief Engineer of the Contra Costa County Flood
Control and Water Conservation District to arrange payment of$25 to the County Clerk
for filing of the Notice of Exemption.
This Board also hereby FINDS that good cause exists for the establishment of the
aforesaid drainage area and ORDERS that Contra Costa County Flood Control and Water
Conservation District Drainage Area 109 be ESTABLISHED, consisting of the real property
described in the Exhibit "A" attached hereto.
Establishment of Drainage Area 109
December 20, 1994
Page 3
This Board hereby ENACTS Ordinance No. 94-75 establishing drainage fees in said
drainage area and adopts the Drainage Fee Credit and Reimbursement Policy dated June,
1989.
==and
certify that this is a true andconectcopyof
an action taken and entered on the minutes of the
AoTTrESTED. V d of SuWe
hown.
PHIL BATCHELOR,,Clerk of the Board
Of Supervisors and County Administrator
By --'Deputy
JDJ:pe
g:Uldctl\fcbo\DA109-10.t12
Orig.Dept.: Public Works(FCE)
Contact: J.Johnson,313-2311
cc: Building Inspection
Community Development
County Administrator
County Assessor
County Auditor-Controller
County Counsel
County Treasurer-Tax Collector
Accounting
Chief Engineer
Design-Environmental Section
Engineering Services
Building Industry Association
P.O.Box 5160
San Ramon,CA 94583
David Lennon
Hofmann Company
P.O.Box 907
Concord,CA 94522
Dennis J.Raaari
Davidon Homes
1600 South Main Street,No.150
Walnut Creek,CA 945%
Seeno Construction Co.
P.O. Box 4113
Concord CA 94524-4113'
Drainage Area 109
Boundary Description
EXHIBIT "A"
Real property in the unincorporated southeastern portion of Contra Costa County, California, the
boundary of which is described as follows:
Beginning at the granite monument marking the northwest comer of Section 32, Township 1 North,
Range 3 East, Mount Diablo Meridian, also being the centerline intersection of Marsh Creek Road
and Sellers Avenue as shown on the map of Subdivision MS 94-87 filed October 28, 1988 in Book
136 of Parcel Maps at page 36, records of said County; thence from the Point of Beginning along
the north lines of Sections 32, 33, 34, and 35 (TIN, R3E), easterly 17,160 feet, more or less, to the
southeast corner of PARCEL D, Subdivision MS 74-72 filed September 20, 1972 in Book 24 of
Parcel Maps at page 19, also being the northeast corner of that 74.554 acre parcel described in the
deed to Byron Seventy-Eight, a California general partnership, recorded May 30, 1986 in Volume
12914 of Official Records at page 288; thence along the east line of said 74.554 acre parcel and
its southerly prolongation, southerly 2,640 feet, .more or less, to the southwest quarter of said
Section 35; thence along the midsection line, westerly 1,320 feet, to the west quarter comer, thence
along the west line of Section 35, also being the centerline of Bixler Road, southerly 2,140 feet,
more or less, to a point 500 feet north of the southeast comer of Section 34 (TIN, R3E); thence
parallel to the south section line, westerly 685 feet, to the west line of that parcel described in the
deed of four fifteenths interest to Thomas Oliver Moore, et ux. recorded April 12, 1990 in Volume
15785 of Official Records at page 346; thence along said west line, southerly 500 feet, to the south
line of said Section 34; thence along said south line, westerly 860 feet, more or less, to a point
distant 1,550 feet westerly of the southeast corner of Section 34; thence southwesterly 1,635 feet,
more or less, to the northwest comer of PARCEL 1 described in the deed to La Sorella Family
Living Trust recorded November 27, 1974 in Volume 7376 of Official Records at page 403; thence
along the west line thereof, southerly 100 feet, more or less, to the northeast corner of that parcel
described in the deed to Richard Jeong et ux. recorded September 16, 1987 in Volume 13899 of
Official Records at page 322; thence along the north line thereof, westerly 250 feet; thence
southwesterly 1,300 feet, more or less, to a point on the west line thereof, distant 600 feet northerly
of the southwest quarter of Section 3 (T1 S, R3E); thence along said west line and its southern
prolongation, southerly 600 feet, to the midsection line, also being the centerline of Byer Road;
thence along said midsection line, westerly 1,320 feet, more or less, to the west quarter corner of
Section 3; thence along the west line of Section 3, also being the centerlines of Byron Highway and
Holaway Drive, southerly 1,585 feet, more or less, to the southwest line of Southern Pacific Railroad
100 feet wide right of way; thence along said southwest line, northwesterly 5,165 feet,more or less,
to the north line of Section 4 (T1 S, R3E); thence along said north line, westerly 150 feet, more or
less, to the northern prolongation of the east line of Byron-Bethany Irrigation District parcel 20 (c)
recorded March 7, 1921 in Book 390 of Deeds at page 1, as said lines are shown on the map of
Subdivision MS 247-78 filed August 24, 1979 in Book 81 of Parcel Maps at page 23; thence along
said prolongation and east line of Byron-Bethany Irrigation District property in a general southerly
direction 5,516.3 feet to the north line of Section 9 (T1S, R3E); thence along said north line, also
being the centerline of Camino Diablo Road, westerly 100 feet, more or less, to the northeast corner
1
of PARCEL SIX described in the deed to Mathew G. Coelho and Sons, Inc., a California
corporation, recorded July 28, 1960 in Volume 3670 of Official Records at page 62; thence along
the boundary thereof as follows: 1) southerly 430.66 feet, 2) westerly 255.42 feet, and 3) southerly
320 feet; thence leaving said boundary, south 67" west 580 feet; thence south 130 west 600 feet;
thence south 57' west 760 feet; thence northwesterly 750 feet, more or less, to the west line of said
Section 9, distant thereon 1,450 feet south of the northwest comer thereof; thence south 640 west
750 feet; thence north 46" west 1,950 feet; thence west 400 feet; thence southwesterly 220 feet,
more or less, to the midsection line of Section 8 (T1 S, R3E), distant thereon 600 feet south of the
north quarter comer thereof; thence south 420 west 530 feet; thence south 620 west 600 feet;
thence north 550 west 1,300 feet; thence south 100 west 450 feet; thence south 75° west 200 feet;
thence south 500 east 500 feet; thence south 150 west 850 feet; thence south 600 west 550 feet;
thence northwesterly 100 feet, more or less, to the west line of said Section 8, distant thereon 300
feet north of the west quarter corner thereof; thence along said west line, northerly 250 feet, to the
northeast comer of PARCEL "B" of Subdivision MS 119-71 filed October 2, 1972 in Book 24 of
Parcel Maps at page 33; thence along the north line of PARCEL "B" and its western extension,
westerly 1,137 feet, more or less, to the west right of way line of the road shown as Camino
Vaquero Road on said map (24 PM 33) and shown as Camino Vaqueros on the map of Subdivision
MS 77-82 filed February 27, 1986 in Book 121 of Parcel Maps at page 34, being a non-tangent
curve concave to the east having a radius of 430 feet; thence along the arc of said curve, southerly
and southeasterly 380 feet, more or less, to its terminus on the boundary, of Subdivision MS 77-82;
thence along said boundary, south 48051'21" east 292.37 feet and north 89'09'31" west 650 feet;
thence leaving said boundary, south 20 east 1,525 feet; thence southwesterly 1,275 feet, more or
less, to the north line of Section 18 (T1 S, R3E), distant thereon 1,980 feet west of the northeast
comer thereof; thence south 25" west 2,400 feet; thence south 1° east 1,700 feet; thence south 150
east 600 feet; thence south 500 west 800 feet; thence northwesterly 2,100 feet, more or less, to the
west line of said Section 18, distant thereon 1,300 feet north of the southwest comer thereof; thence
west 300 feet; thence south 500 feet; thence southwesterly 1,250 feet, more or less, to the north
line of Section 24 (T1S, R2E), distant thereon 1,250 feet west of the northeast comer thereof;
thence south 50° west 400 feet; thence south 180 west 600 feet; thence south 420 west 900 feet;
thence south 100 west 300 feet; thence south 20° east 1,500 feet; thence south 230 west 1,100 feet;
thence southerly 1,200 feet, more or less, to the south line of said Section 24, distant thereon 2,500
feet west of the southeast comer thereof; thence south 370 east 1,150 feet; thence south 550 west
2,600 feet; thence south 25° east 900 feet; thence east 700 feet; thence south 35° east 800 feet;
thence east 400 feet; thence south 600 feet; thence southwesterly 1,000 feet, more or less, to the
north quarter comer of Section 36 (T1 S, R2E); thence south 27' west 1,225 feet; thence south 20'
west 1,200 feet; thence south 900 feet; thence southerly 725 feet, more or less, to Point N-106 on
the boundary of Rancho Canada de los Vaqueros described in the patent to Robert Livermore and
Joseph Noriega recorded June 23, 1890 in Book 4 of Patents at page 124, also being an angle
point on the boundary of PARCEL A described in the Final Order of Condemnation by Contra Costa
Water District recorded January 5, 1993 in Volume 18179 of Official Records at page 554; thence
along the boundary of PARCEL A in a general southerly direction 2,042.29 feet, to the south line
of said Section 36; thence along said south line, easterly 499.93 feet, to the southeast line of that
parcel described in Exhibit F-1 of the Final Order of Condemnation by Contra Costa Water District
recorded November 5, 1993 in Volume 19134 at page 876; thence along said southeast line, south
30027'56" west 2,530.56.feet, to the south comer thereof; thence along the southwest line thereof,
in a general northwesterly direction 473.7 feet to an angle point on the boundary of that parcel
described in the deed to Russell J. Jackson et ux. recorded June 21, 1977 in Volume 7256 of
Official Records at page 300; thence along said Jackson boundary, being common with Contra
2
Costa Water District PARCEL A boundary (18179 O.R. 554), as follows: 1) south 25° west 501
feet, 2) west 810 feet, 3) south 30* west 1,600 feet, and 4) easterly 788 feet, to an angle point
thereon; thence continuing along said Jackson boundary, being common with Contra Costa Water
District boundary described in Exhibit F-2 (19134 O.R. 876), in a general northeasterly direction 265
feet, more or less, to an angle point thereon; thence leaving said Jackson boundary and continuing
along said Water District boundary (19134 O.R. 876), south 6°40'12"east 2,347.16 feet, to the south
boundary line of Contra Costa County; thence along said south line, westerly 14,926 feet, more or
less, to the east line of PARCEL C of Subdivision MS 147-7.7 filed June 9, 1978 in Book 66 of
Parcel Maps at page 35; thence along said east line, north 0009'39" west 2,621.45 feet, to the
northeast comer of PARCEL C at the center of Section 9 (T2S, R2E); thence along the north lines
of PARCELS C and B (66 PM 35), north 89°17'33" west 2,538.81 feet, to the west quarter comer
of said Section 9; thence along the west line of Section 9, north 0050'36" east 2,640 feet, more or
less, to the northwest comer of Section 9 shown on the map of Subdivision MS 6-82 filed February
24, 1984 in Book 109 of Parcel Maps at page 29; thence along the north line of Section 9, north
89056'49" east 1,256.99 feet, to the southwest comer of PARCEL ONE described in the deed to
Contra Costa Water District recorded March 31, 1989 in Volume 14973 of Official Records at page
744; thence along the boundary thereof in a general northerly direction 3,640 feet, more or less, to
the south line of the northwest quarter of Section 4 (T2S, R2E); thence along said south line, north
89015'22" west 694.02 feet, to the west quarter comer of said Section 4, also being the southeast
comer of PARCEL A (109 PM 29) and the southeast comer of that parcel described in the deed to
Contra Costa Water District recorded June 30, 1993 in Volume 18701 of Official records at page
674; thence along the south line of said parcels and quarter section line, south 895934" west
298.41 feet, to the centerline of Morgan Territory Road; thence along said centerline in a general
northwesterly direction 3,811.95 feet, to the west line of said parcels, distant south 4008'54" west
215.04 feet from the south quarter corner of Section 32 (T1 S, R2E); thence continuing along the
centerline of Morgan Territory Road, northwesterly 365 feet, more or less, to the south line of said
Section 32, distant thereon north 88°45'34" west 266 feet from the south quarter comer thereof,
thence continuing along the centerline of Morgan Territory Road as shown on the map of
Subdivision MS 169-73 filed November 15, 1973 in Book 31 of Parcel Maps at page 13, in a
general northwesterly direction 3,608.51 feet, to the north line of the southwest quarter of said
Section 32, distant thereon north 89°02' east 149.31 feet from the west quarter comer; thence
continuing along the centerline of Morgan Territory Road as-shown on the map of Subdivision MS
107-69 filed August 27, 1969 in Book 10 of Parcel Maps at page 15, north 58039'30" west 161.29
feet and north 34011'45" west 23.70 feet, to the west line of said Section 32, distant thereon north
0°58'west 106.03 feet from the west quarter corner thereof, thence continuing along the centerline
of Morgan Territory Road as shown on the Record of Survey filed July 5, 1966 in Book 43 of
Licensed Surveyors Maps at page 29, as follows: 1) north 34°11'45" west 55.42 feet, 2) north
25'12' 45"west 311.06 feet, 3) north 46'15'45"west 154.11 feet, 4) north 39°04'west 106.66 feet,
and 5) north 35004'15"west 395.09 feet; thence continuing along the centerline of Morgan Territory
Road as shown on the map of Subdivision MS 64-71 filed September 13, 1971 in Book-18 of Parcel
Maps at page 19, north 30045'15" west 365.47 feet and north 44034'30" west 30 feet, to the
northeast prolongation of the southeast line of PARCEL B (18 PM 19); thence along said
prolongation and southeast line, south 51°22'52" west 1,047.23 feet, to the south comer of said
PARCEL B on the boundary of PARCEL C of Subdivision MS 18-86 filed February 28, 1992 in Book
157 of Parcel Maps at page 43; thence along said boundary, north 17'26'10"west 274.06 feet and
north 31°58'14"west 1,022.75 feet to the south line of the agricultural access reserved on said map;
thence along said south line, south 46'51'01"west 13.86 feet and south 7750'18"west 111.86 feet,
to a curve concave to the south having a radius of 115.00 feet; thence along the arc of said curve,
3
westerly 8.00 feet, through a central angle of 3'59'04', to the south line of PARCEL B (157 PM 43)
being a non-tangent curve concave to the northwest having a radius of 600 feet; thence along the
arc of said curve, southwesterly and westerly 307.46 feet, through a central angle of 29021'36" to
the west line of said PARCEL B; thence along said west line, north 1'52'47' west 1,101.81 feet, to
the south quarter comer of Section 30 (T1 S, R2E); thence along the south line of Section 30,
westerly 600 feet; thence at right angles, northerly 500 feet, more or less, to the boundary of
Drainage Area 108 established August 28, 1990 by Contra Costa County Resolution 90/587;thence
along said boundary in a general northeasterly direction 52,575 feet, more or less, to Marsh Creek
Dam Flood Control District monument #6455 at the junction of Drainage Area 108 boundary and
the boundary of Drainage Area 107, established August 28, 1990 by Contra Costa County
Resolution 90/586; thence leaving the boundary of Drainage Area 108 and following the boundary
of Drainage Area 107, along the centerline of Marsh Creek in a general northeasterly direction 2,920
feet, more or less, to the north line of Section 35 (T1 N, R2E); thence leaving the boundary of
Drainage Area 107, along the north lines of Sections 35 and 36 (T1 N, R2E) and Section 31 (T1 N,
R3E), easterly 11,440 feet, more or less, to the Point of Beginning.
Bearings are based on the California Coordinate System Zone III (CCS27).
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
c0 FANO SUR
Signature: Licensed Land Surveyor v ���:Zw ;y���to�
Contra Costa County Public Works Exp.
Date:
No.5999
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9/13/94
4
ORDINANCE NO. 94/ 75
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 109
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 L DRAINAGE PLAN. The drainage map entitled "Drainage Area 109, Boundary
Map,"dated July 1994, on file with the Clerk of the Board of Supervisors, is adopted as the drainage
boundary map for the Contra Costa County Flood Control and Water Conservation District.Drainage
Area 109 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 IL 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 such as those described in the engineer's report;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 representative drainage facilities
described in the engineer's report;and that the drainage facilities anticipated are in addition to existing
drainage facilities already 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 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 $310 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
Formation of Drainage Area 109 '
Page 2
impervious surface shall be subject to a fee of$0.35 per square foot, but not to exceed the amount
required under Section VII.
SECTION VL 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
Development Type Building Permit Subdivision
Commercial/Industrial/Downtown Office $14,390/acre $15,460/acre
Office ftdium): $12,335/acre $13,;785/acre
Office(Light): $10,320/acre $11,635/acre
Multifamily Residential (Including Mobile Home Parks)
Less than 2,500 sq. ft. of land per unit $11,340/acre $11,340/unit
2,500 to 2,999 sq. ft. of land per unit $670/unit $670/unit
3,000 to 3,999 sq. ft. of land per unit $770/unit $ 770/unit
4,000 to 4,999 sq. ft of land per unit $ 895/unit $ 895/unit
5,000 to 5,999 sq. ft of land per unit $ 1,025/unit $ 1,025/unit
$1,335/unit 6,000 to 6,999 sq. ft. of land per unit $ 1,150/unit $ 1,150/unit
7,000 to 7,999 sq. ft. of land per unit $ 1,275/unit $ 1,275/unit
8,000+ sq. ft. of land per unit $ 1,335/unit $ 1,335/unit
Single Family Residential:
4,000 to 4,999 sq. ft. of land per unit $940/unit $ 1,510/unit
5,000 to 5,999 sq. ft. of land per unit $985/unit $ 1,570/unit
6,000 to 6;999 sq. ft. of land per unit $ 1,025/unit $ 1,635/unit
7,000 to 7,999 sq. ft. of land per unit $ 1,070/unit $ 1,700/unit
8,000 to 9,999 sq. ft. of land per unit $ 1,130/unit $ 1,790/unit
10,000 to 13,999 sq..ft. of land per unit $ 1,255/unit $ 1,970/unit
14,000 to 19,999 sq. ft. of land per unit $ 1,465/unit $2,270/unit
20,000 to 29,999 sq. ft. of land per unit $ 1,815/unit $ 2,720/unit
30,000 to 39,999 sq. ft. of land per unit $ 2,250/unit $ 3,250/unit
40,000+ sq. ft. of land per unit $ 2,700/unit $ 3,740/unit
Agricultural:
Under 10% of lot impervious EXEMPT EXEMPT
More than 10% of lot impervious $ 13,720/acre of developed portion
ORDINANCE NO.94/
Formation of Drainage Area 109
Page 3
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 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 VIIL 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 deposited to 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.
SECTION IX: CREDIT. Drainage fees previously paid shall be credited as follows:
a) Where drainage fees have been paid under a former drainage fee ordinance 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 adopted 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.
ORDINANCE NO.94/
3'
Formation of Drainage Area 109 '
Page 4
SECTION K 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 December 20, 1994 , by the following vote:
AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers
NOES- None
ABSENT: None
6
Chair of the Board
ATTEST: PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
By:
Deputy
JDJ:pc
9Afldcd\&\DA109.Ond
October 20,1994
ORDINANCE NO. 941