The board of supervisors do find and determine as follows:

(a) That the subdivision and development of property within the Copeland Creek drainage plan area will require construction of the facilities prescribed in such plan.

(b) That the costs described in the Copeland Creek drainage plan are reasonable estimates of the cost of constructing the facilities described in such plan.

(c) That the fees described in section 11-20 are fairly and uniformly apportioned on all land within the area of the Copeland Creek drainage plan on a per acreage basis.

(d) That the drainage facilities described within the Copeland Creek drainage plan are in addition to existing local drainage facilities serving the area at the time of the adoption of the Copeland Creek drainage plan. (Ord. No. 1065 § 3.)

It is the purpose of this article to require the payment of a fee as a condition of approval of any final subdivision map or as a condition of any permit for the construction and development of any property within the area described in the Copeland Creek drainage plan. Such fees are for the purpose of defraying the actual or estimated cost of constructing planned drainage facilities for the removal of surface and storm waters from the drainage area included within the Copeland Creek drainage plan. (Ord. No. 1065 § 1.)

Reference is hereby made to the Copeland Creek drainage plan which was approved by the city council of the City of Rohnert Park pursuant to Resolution No. 67-64, adopted by such city council on August 7, 1967, and approved by concurrent resolution No. 20275-DR 20279, adopted August 14, 1967, by the Board of Supervisors of Sonoma County and the board of directors of the Sonoma County flood control and water conservation district, which plan contains an estimate of the total cost of constructing the drainage facilities required by the plan, and a map of the drainage area showing its boundaries and the location of planned drainage facilities. Copies of the Copeland Creek drainage plan shall at all times be on file and available for public inspection in the office of the clerk of the Board of Supervisors at the County Administration Center, 2555 Mendocino Avenue, Santa Rosa, California. (Ord. No. 1065 § 2.)

* As to subdivisions generally, see ch. 25 of this code.


There is hereby established a fee of six hundred thirty dollars per acre, which shall be paid as a condition of the subdivision or development of any land within the Copeland Creek drainage plan as provided by this article. An equivalent portion of the fee shall be paid when applied to any fraction of an acre of land. (Ord. Nos. 1065 § 4, 1682.)

Payment of the fees prescribed in section 11-20 shall be made a condition of the approval of any final subdivision map as defined in the Subdivision Map Act. Computation of the fee shall be based upon the total acreage within the exterior boundaries of the land described in the final subdivision map.

Payment of the fee prescribed in section 11-20 shall also be made a condition to the issuance of any building permits for the development of any land within the area of the Copeland Creek drainage plan against which such fee has not already been paid. For the purposes of this article, development of the land is defined as any construction or improvement thereon which requires a building permit under the terms of chapter 7. Computation of the fee shall be based upon the amount of land to be utilized by the development or the planned future extension thereof. Any dispute as to the amount of land to be utilized in connection with the development shall be resolved by the county building inspector, whose decision is subject to review by the Board of Supervisors. (Ord. No. 1065 § 5.)

Only one fee or portion thereof as required by this article shall be paid as to any acre of land or portion thereof. Accurate records shall be kept concerning the collection of fees under this article, and such records shall set forth the amount of fees paid as to each parcel of land to which such fees apply. (Ord. No. 1065 § 8.)

There is hereby established the Copeland Creek drainage facilities fund. All fees collected pursuant to the terms and provisions of this article shall be deposited in such fund, and all moneys in such fund shall be expended solely for the construction or reimbursement for construction of local drainage facilities within the area of the Copeland Creek drainage plan. (Ord. No. 1065 § 6.)

Cash or other consideration in lieu of the payment of fees prescribed in section 11-20 may be accepted and deposited in the Copeland Creek drainage facilities fund. Any consideration received and so deposited other than cash shall be credited on the basis of its fair market value. (Ord. No. 1065 § 7.)