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HomeMy WebLinkAboutMINUTES - 01111994 - 1.28 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 January 11, 1994, by the following vote: AYES: Supervisors Bishop ;McPeak, Torlakson and Powers NOES: None ABSENT: Supervisor Smith ABSTAIN: None RESOLUTION NO. 94/_17_ (West's Water Code App. Ch. 63, Sec. 12.2 and 12.3) SUBJECT: Notification of Hearing to Consider the Establishment of Drainage Area 76, the Institution of a Drainage Plan, and the Adoption of a Drainage Fee Ordinance and Credit and Reimbursement Policy, Alamo Area. Project No. 7505-6F8176. 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 provides authority for establishing drainage areas,instituting drainage plans and adopting drainage fee ordinances. This Board has before it for consideration the proposed establishment of Drainage Area 76 consisting of that real property described in Exhibit "A," attached hereto and incorporated herein by reference. This Board also has before it the engineer's report entitled "Engineer's Report for the Establishment of the Contra Costa County Flood Control and Water Conservation District Drainage Area 76," and the drainage plan entitled "Drainage Area 76 Boundary Map and Drainage Plan," dated May, 1993, proposed to be instituted for Drainage Area 76. Said documents, which show the general location of said drainage area and provide an estimate of the cost of the facilities to be borne by property in the drainage area, are on file with, and may be examined at, the office of the Clerk of the Board of Supervisors, Administration Building, Martinez, California. A proposed drainage fee ordinance, providing for all or partial payment of the facilities described in said drainage plan, is attached hereto and marked Exhibit "B." It is proposed that Drainage Area 76 be established, that a drainage plan be instituted, and that the attached drainage fee ordinance be adopted. It is further proposed that the Drainage Fee Credit and Reimbursement Policy dated June 1989, be adopted for the administration of the aforementioned drainage fee ordinance. At 11:00 a.m. on March 1, 1994, in the Chambers of the Board of Supervisors, Administration Building, Martinez, California, this Board will conduct a public hearing on the proposed establishment of said drainage area, the adoption of the attached drainage fee ordinance and the institution of the drainage plan. 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 objection to the establishment of Drainage Area 76, the institution of the drainage plan and the adoption of the proposed drainage fee ordinance and Credit and Reimbursement Policy for Drainage Area 76. Upon conclusion of the hearing, the Board may abandon the proposed actions, or proceed with the same. RESOLUTION NO. 94/ 17 t Establishment of Drainage Area 76 January 11, 1994 Page 2 The Clerk of this Board is DIRECTED to publish a Notice of Hearing, pursuant to Government Code 6066, once a week for two (2) successive weeks prior to the hearing in the Contra Costa Times, a newspaper of general circulation, circulated in the area proposed to be formed into said drainage area. Publication shall be completed at least seven (7) days before said hearing and said notice shall be given for a period of not less than twenty (20) days. The exterior boundaries of proposed drainage area include lands within the City of Walnut Creek. The Clerk of this Board is DIRECTED to forward to the governing body of said City a copy of this Resolution at least (20) days before the noted hearing. The Clerk of the Board is further DIRECTED to mail a copy of the Notice of Public Hearing to any interested party who has filed a written request for mailed notice with the Clerk of the Board or with the District, as provided by Government Code Section 54986(a) and 66016(a). Said mailing shall be performed at least fourteen (14) days prior to the hearing. HF:pe /hereby certify that this Is a true and correct copy of c:BO\DA76-11.t1 an action taken and enteted on the minutes of me Attachments Board of Supervises on the date shown. ATTESTED: January 11, 1994 Contact: M. Morton, Flood Control Engineering,313-2285 PHIL BATCHELOR.Cleric of the Board Orig. Dept: Public Works (FCE) of SupsrWom w4 Cou*Administrator cc: Building Inspection Community Development I, - �� � �.,Py County Administrator County Assessor County Auditor-Controller County Counsel County Treasurer-Tax Collector Accounting Chief Engineer Design-Environmental Section Engineering Services Flood Control Engineering Building Industry Association P.O. Box 5160 San Ramon, CA 94583 City of Walnut Creek David Lennon Hofman Company P.O. Box 907 Concord, CA 94522 Dennis J. Razzari Davidon Homes 1600 S. Main Street#150 Walnut Creek, CA 94596 Richard W.Jensen Braddock&Logan Associates 4155 Blackhawk Plaza Circle,Suite 201 Danville,CA 94526 EXIi]]BIT "A" CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 76 Real property in the City of Walnut Creek and in an unincorporated area of Contra Costa County, California, being a portion of Rancho San Ramon, a portion of Rancho San Miguel, a portion of Rancho Arroyo de las Nueces y Bolbones, portions of Sections 31 and 32, Township 1 North, Range 1 West, Mount Diablo Meridian, portions of Sections 4, 5, 6, 7, 8 and 9 (TIS, RIW), and portions of Sections 1 and 12 (TIS, R2W), described as follows: Beginning at an angle point on the east right of way line of Interstate Freeway 680 that bears north 3°19'12" east 376.11 feet from the monument line (State Line "G") of Stone Valley Road(Said point is shown as having coordinates Y496,170.29/X1,559,353.59 on State of California District IV,Route 107,Right of Way Record Map R-86.19-B); thence from the Point of Beginning, along said east right of way line, as shown on Map R-86.19-B and on State Maps R-86.20 and R-86.21, in a general northerly direction 1,692.40 feet, to the most western corner of Lot 47, Subdivision 4879 filed May 16, 1979 in Map Book 224 at page 47, Records of said County; thence leaving said east line, along the boundary of Subdivision 4879, in a general northerly direction 1,685.82 feet, to the west comer of Lot 41 (224 M 47), being also the most southern corner of PARCEL ONE described in the deed to Wilda L. Christensen recorded November 2, 1982 in Volume 10992 at page 564, Official Records of said County; thence along the boundary of said Christensen parcel,westerly 518.31 feet and northerly 183.00 feet, to the southwest corner of PARCEL ONE described in the deed to Wells Fargo Bank recorded March 19, 1992 in Volume 17326 of Official Records at page 723; thence along the west line of said Bank parcel, northerly 266.40 feet, to the southwest corner of PARCEL ONE described in the deed to George J. Hrdina recorded October 23, 1986 in Volume 13209 of Official Records at page 719; thence along the west line of said Hrdina parcel, northerly 90.00 feet, to the most southwestern corner of Subdivision M.S.5-70 filed May 14, 1970 in Book 12 at page 42, Parcel Maps of said County; thence along the boundary of M.S. 5-70, in a general northerly directly 409.91 feet, to the northwest corner thereof, being also the southwest corner of PARCEL ONE described in the deed to James K. Cooper recorded January 9, 1975 in Volume 7406 of Official Records at page 195; thence along the boundary of said Cooper parcel, northerly 150.44 feet and easterly 263.45 feet, to the west line of PARCEL ONE described in the deed to Stephen E. Lauck recorded December 1, 1989 in Volume 15510 of Official Records at page 424; thence along said west line, northerly 77 feet, more or less, to the southwest corner of that parcel described in the deed to William G. Rasmussen et al recorded October 1, 1987 in Volume 13937 of Official Records at page 711; thence along the west line of said Rasmussen parcel, northerly 118.45 feet, to the northwest corner thereof, on the south right of way line of Livoma Road; thence crossing Livoma Road, northeasterly 115 feet, more or less, to the southeast corner of Subdivision M.S. 90-65 filed June 2, 1965 in Book 34 at page 45, Licensed Surveyors' Maps of said County; thence along the boundary of M.S. 90-65, northwesterly 173.96 feet and northerly 164.47 feet, to the south line of PARCEL ONE described in the deed to Michael E. Bigler et ux recorded August 31, 1989 in Volume 15308 of Official Records at page 852; thence along said south line, easterly 25.00 feet to the west line of that parcel described in Drainage Area 76 Exhibit "A" Page 2 the deed to Harry H. Lyon et ux recorded March 4, 1991 in Volume 16430 of Official Records at page 885; thence along said west line, northerly 160.30 feet, to the south line of Subdivision M.S. 29-87 filed May 11, 1988 in Parcel Map Book 133 at page 17; thence along the boundary of M.S. 29-87, westerly 167.99 feet, to the centerline of Lavarock Lane, and along said centerline in a general northerly direction 164.53 feet, to the northwest corner of M.S. 29-87, being also the southwest corner of PARCEL ONE described in the deed to James P. Morrill et ux recorded May 19, 1969 in Volume 5877 of Official Records at page 453; thence along the west line of said Morrill parcel, being the arc of a curve concave to the west having a radius of 140.00 feet, northerly 87.42 feet, to the south line of Subdivision 6859 filed September 21, 1987 in Map Book 316 at page 30; thence along said south line, easterly 83.14 feet, to the southwest corner of Lot 5 (316 M 30); thence along lot lines of Subdivision 6859 as follows: (1) northerly 148.29 feet to the most southeast corner of Lot 3, (2) northerly 22.50 feet to the southwest corner of Lot 2, (3) northwesterly 166.05 feet to the northwest corner of Lot 2, and (4) easterly 240.00 feet to the northeast corner of Lot 2, on the boundary of Subdivision 6859; thence along said boundary as follows: (1)northerly 25.00 feet, (2) westerly 150.00 feet, (3) northerly 145.00 feet, and (4) westerly 200.00 feet, to the boundary of Subdivision 4810 filed September 23, 1976 in Map Book 189 at page 48; thence along the boundary of Subdivision 4810 in a general northeasterly direction 1069.72 feet, to the most northeastern corner of PARCEL A(189 M 48); thence along the boundary of PARCEL A in a general westerly direction 1,083.87 feet, to the west corner of Lot 8 (189 M 48) on the boundary of Subdivision 4810; thence along the boundary of Subdivision 4810, northeasterly 299.19 feet, to the east corner of Lot 33, Subdivision 3972 recorded July 29, 1970 in Map Book 132 at page 13, being also an angle point on the boundary of Sans Crainte Drainage Area adopted September 28, 1971 by County Ordinance 71-41; thence along the boundary of Sans Crainte Drainage Area in a general easterly direction 15,750 feet, more or less, to the east line of Subdivision 6743 filed June 9, 1987 in Map Book 313 at page 28; thence leaving the boundary of Sans Crainte Drainage Area, south 57°00'00"east 1,170.00 feet; thence south 15°00'00" east 780.00 feet; thence southeasterly 350 feet, more or less, to the northwest terminus of the course shown as "S 51°30'39" E 830.27" on the Record of Survey filed August 27, 1970 in Book 53 of Licensed Surveyors' Maps at page 13, and in the deed to the State of California recorded December 27, 1985 in Volume 12680 of Official Records at page 480; thence along the boundary of said State parcel (12680 O.R. 480), south 51°30'39" east 830.27 feet and south 52°38'26" east 534.56 feet; thence leaving said boundary, south 28°00'00" west 700.00 feet; thence south 52°00'00" east 500.00 feet; thence south 5°00'00" west 350.00 feet; thence south 27°30'00" east 400.00 feet; thence southeasterly 575 feet, more or less, to a point on the southeast line of said State parcel; thence along said southeast line, south 30°4933" west 1,200.00 feet, to the most southern corner of said State parcel (12680 OR 480); thence leaving the boundary of said State parcel, north 81°00'00" east 700.00 feet; thence south 53°30'00" east 1,225.00 feet; thence south 52°00'00" west 400.00 feet; thence southwesterly 1,750 feet, more or less, to the north line of Lot 54, Subdivision 4915 filed April 24, 1980 in Map Book 237 at page 17, thence along the boundary of Lot 54, easterly 100.00 feet and southerly 291.00 feet, to the northeast corner of Lot 53 (237 M 17); thence along the boundary of Lot 53, southerly 236.47 feet and northwesterly 240.00 feet, to the east corner of Lot 52 (237 M 17); thence along the Drainage Area 76 Exhibit "A" Page 3 boundary of Lot 52, southerly 208.85 feet and northwesterly 174.95 feet, to the most northern corner of Lot 51 (237 M 17); thence along the west line of Lot 51 and its southerly prolongation, southerly 186 feet, more or less, to the centerline of Oakshire Place shown as East Gnarled Oak Drive on said map (237 M 17); thence along said centerline and its northeastern loop, in a general westerly direction 3,040 feet, more or less, to the centerline of Biltmore Drive being a non-tangent circle having a radius of 100.00 feet; thence along the northeastern loop of Biltmore Drive centerline, northeasterly, northerly,-`and northwesterly 340 feet, more or less, along the arc of said circle, to the centerline of Oakshire Place shown as West Gnarled Oak Drive on said map (237 M 17); thence, non-tangent, along said centerline, in a general northwesterly direction 2,620 feet, more or less, to the southerly prolongation of the east line of Lot 135 (237 M 17); thence along said prolongation and east line, northerly 110 feet, more or less, to the north line of Lot 135 on the boundary of Subdivision 4915; thence along said north line, westerly 193.78 feet, to the northwest corner of Subdivision 4915, being also the northeast corner of Section 7 (T1S, R1W); thence north 56°30'00" west 500.00 feet; thence north 5°30'00" east 700.00 feet; thence north 65°30'00" west 200.00 feet; thence south 73°00'00" west 550.00 feet; thence southerly 750 feet, more or less, to a point on the north line of said Section 7 that bears easterly 100.00 feet along said north line from the northwest corner of PARCEL TWO described in the deed to Stroever Trust recorded September 21, 1982 in Volume 10937 of Official Records at page 848; thence along the boundary of said Trust parcel, westerly 100.00 feet, southerly 135.28 feet, and easterly 188.92 feet, to the northeast corner of Lot 32, Subdivision 4825 recorded April 12, 1976 in Map Book 183 at page 21; thence along the east line of Lot 32, south 12°39'57" west 335.81 feet, to the southeast corner; thence leaving said lot line, south 38°25746" west 76.86 feet, to the northeast corner of PARCEL ONE described in the deed to Richard David Sistero et al recorded March 27, 1992 in Volume 17354 of Official Records at page 234; thence north 79°18'18"west 125.00 feet to the northwest corner of said Sistero parcel; thence north 16°28'00" west 222.09 feet, to the northwest corner of Lot 21 (183 M 21) on the boundary of Subdivision 4825; thence along said boundary, south 8°30'30" west 181.46 feet, south 34°14'30" west 289.48 feet, and south 68°31'08" west 122.92 feet, to the northwest corner of Lot 17 (183 M 21); thence along the west line of Lot 17 and its southerly prolongation, south 15°23'22" east 196.68 feet, to the centerline of Oakraider Drive; thence along said centerline, westerly 300 feet, more or less, to the northeasterly prolongation of the northwest line of Lot 2 (183 M 21); thence along said prolongation and northwest line, south 36°13'14" west 208 feet, more or less, to the west corner of Lot 2 on the common boundary line of Subdivision 4825 and Subdivision 3836 filed December 16, 1970 in Map Book 134 at page 29; thence along said common boundary, south 55°24'37"east 16.62 feet, to the east corner of Lot 14 (134 M 29); thence along the southeast line of Lot 14, south 29°23754"west 178.85 feet, to the east right of way line of Roundhill Road; thence southwesterly 35 feet, more or less, to the centerline intersection of Roundhill Road and Garydale Court; thence along the centerline of Garydale Court in a general southwesterly direction 550 feet, more or less, to the southeasterly prolongation of the northeast line of Lot 4 (134 M 29); thence along said prolongation and northeast line, north 33°22'10" west 142.25 feet, to the north corner of Lot 4 on the boundary of Subdivision 3836; thence along said boundary, south 56°38'56"west 490.00 feet, to the west corner of Subdivision 3836,being Drainage Area 76 Exhibit "A" Page 4 also the north corner of that parcel described in the deed to County Superintendent of Schools recorded March 10, 1971 in Volume 6334 of Official Records at page 352; thence along the northwest line of said County parcel and its southwesterly prolongation, continuing south 56'38' 56"west 1,204.42 feet, to the monument line of Miranda Avenue shown on the map of Subdivision 3836; thence along said monument line, north 26°48'24" west 240 feet, more or less, to the northeasterly prolongation of the northwest line of Lot 1, Tract 2359 recorded March 7, 1957 in Map Book 66 at page 33; thence along-said prolongation, southwesterly 40.02 feet, to the north corner of Lot 1 on the boundary of Tract 2359; thence along said boundary, southwesterly 673.22 feet, to the west corner of Lot 4 (66 M 33), being also the most northern corner of Tract 2491 recorded July 5, 1957 in Map Book 68 at page 4; thence along the boundary of Tract 2491 as follows: (1) southwesterly 333.56 feet to the northeast corner of Lot 30 (68 M 4), (2) westerly 135.42 feet; (3) southerly 157.00 feet to an angle point, and (4) southerly 372.40 feet, to the southeast corner of Subdivision MS 33- 79 filed January 9, 1980 in Parcel Map Book 83 at page 39; thence along the south line of MS 33-79,westerly 79.00 feet, to the centerline of Austin Lane; thence along said centerline, southerly 311.00 feet, to the easterly prolongation of the north line of PARCEL ONE described in the deed to Larry A. Watson et ux recorded May 11, 1977 in Volume 8325 of Official Records at page 972; thence along said prolongation and north line, westerly 418.81 feet, to the boundary of Subdivision 4879 (224 M 47); thence along said boundary, northerly 43.06 feet, to the north corner of Lot 10 (224 M 47); thence along the northwest line of Lot 10, southwesterly 214.65 feet, to the right of way line of Ranger Court; thence southwesterly 45 feet, more or less, to the centerline terminus of Ranger Court; thence along the centerline of Ranger Court,southwesterly 247.06 feet,to the centerline of Stone Valley Way; thence along the centerline of Stone Valley Way, westerly 122.57 feet, to the northerly prolongation of the west line of Lot 15 (224 M 47); thence along said prolongation and west line, south 3°19'12" west 64.54 feet, to the boundary of Subdivision 4879; thence along said boundary continuing south 3°19'12" west 764.47 feet, to the Point of Beginning. HB/14F:jlg/pe c:DA\da76.ExA November 5,1993 EXHIBIT 'B" ORDINANCE NO. 94/ 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 76 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 76, Boundary Map and Drainage Plan," dated May, 1993, on file with the Clerk of the Board of Supervisors, is adopted as the drainage plan for the Contra Costa County Flood Control and Water Conservation District Drainage Area 76 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 increase in impervious surfaces, will require the construction of facilities described in the drainage plan; that the fees herein provided to be charged are uniformly applied on a square foot of impervious surface basis and fairly apportioned within said drainage area on the basis of benefits conferred on property upon which additional impervious surfaces in said drainage area are constructed; that the estimated total of all fees collectible hereunder does not exceed the estimated total costs of all drainage facilities shown on the drainage plan or included in the engineer's report; 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. 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. Formation of Drainage Area 76 Page 2 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, 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 $620 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$0.70 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. Development Type BuildingPermit Subdivision Commercial/Industrial/Downtown Office $28,785/acre $30,920/acre Office (Medium) $24,670/acre $27,565/acre Office (Light) $20,645/acre $23,270/acre Multifamily Residential (Includes Mobile Home Parks) Less than 2,500 sq. ft. of land per unit $22,680/acre $22,680/acre 2500 to 2999 sq. ft. of land per unit $ 1,345/unit $ 1,345/unit 3000 to 3999 sq. ft. of land per unit $ 1,540/unit $ 1,540/unit 4000 to 4999 sq. ft. of land per unit $ 1,790/unit $ 1,790/unit 5000 to 5999 sq. ft. of land per unit $ 2,050/unit $ 2,050/unit 6000 to 6999 sq. ft. of land per unit $ 2,305/unit $ 2,305/unit 7000 to 7999 sq. ft. of land per unit $ 2,550/unit $ 2,550/unit 8000+ sq. ft. of land per unit $ 2,675/unit $ 2,675/unit ORDINANCE NO. 94/ Formation of Drainage Area 76 Page 3 Development Type Building Permit Subdivision Single Family Residential 4000 to 4999 sq. ft. of land per unit $ 1,885/unit $ 3,015/unit 5000 to 5999 sq. ft. of land per unit $ 1,965/unit $ 3,145/unit 6000 to 6999 sq. ft. of land per unit $ 2,050/unit $ 3,270/unit 7000 to 7999 sq. ft. of land per unit $ 2,135/unit $ 3,395/unit 8000 to 9999 sq. ft. of land per unit $ 2,260/unit $ 3,575/unit 10000 to 13999 sq. ft. of land per unit $ 2,515/unit $ 3,940/unit 14000 to 19999 sq. ft. of land per unit $ 2,935/unit $ 4,535/unit 20000 to 29999 sq. ft. of land per unit $ 3,625/unit $ 5,440/unit 30000 to 39000 sq. ft. of land per unit $ 4,500/unit $ 6,495/unit 40000+ sq. ft. of land per unit $ 5,395/unit $ 7,485/unit Agricultural Under 10% of lot impervious EXEMPT More than 10% of lot impervious $27,445/acre of developed portion 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 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 deposited in 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 used to reduce the principal or interest of any bonded indebtedness of the drainage area. ORDINANCE NO. 94/ Formation of Drainage Area 76 Page 4 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. SECTION X. 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 "Contra Costa Times," a newspaper published in this area. PASSED AND ADOPTED ON by the following vote: AYES: NOES: ABSENT: Chair of the Board ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: Deputy HF:pe c DA\DA76.Ord November 29,1993 ORDINANCE NO. 94/