HomeMy WebLinkAboutORDINANCES - 08061996 - 96-28 w
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Ordinance No. 96 -28
Bay Point Area of Benefit
The Board of Supervisors of Contra Costa County ordains as follows:
SECTION I. SUMMARY. This ordinance provides for the revision of the Bay Point Area of
Benefit, and the adoption of fees to be collected from developments proposed in the Bay
Point Area of Benefit located in unincorporated Contra Costa County to fund road
improvements,
SECTION 11, REPLACEMENT. Within the Fee Area, Ordinances 91-59 and 93-24 shall be
repealed and replaced by this ordinance.
SECTION III. AUTHORITY. This ordinance is enacted, in part, pursuant to Government
Code Section 66484 and Division 913, Title 9, of the Contra Costa County Ordinance Code.
SECTION IV. NOTICE AND HEARING. This ordinance was adopted pursuant to the
procedure set forth in Government Code Sections 54986, 65091, 66016, 66017 and 66484,
and Division 913, Title 9, of the Contra Costa County Ordinance Code, and all required
notices have been properly given and public hearings held.
SECTION V. FEE ADOPTION. The following fees to fund road improvements are adopted
for the Bay Point Area of Benefit, as established by Resolution 96 /361 dated August 6, 1996
and shall apply to all development within the Fee Area:
Bay Point Area of Benefit:
Land Use Recommended Fee
Single Family Residential $3,683 per Dwelling Unit
Multi Family Residential $2,952 per Dwelling Unit
Commercial $7.06 per square foot gross floor area
Light Industrial $4.08 per square foot gross floor area
Heavy Industrial $2.65 per square foot gross floor area
Other $3,683 per peak hour trip
Fees shall be collected when building permits are issued in accordance with Section 913-
4.204 of Title 9 (Subdivisions) of the Contra Costa County Ordinance Code.
SECTION VI. FEE AREA. The fee area shall include all of the unincorporated area within
the Bay Point Area of Benefit with the following exception:
1. Any development required under conditions of approval to construct certain off-
site road improvements in lieu of fee payment.
The revised boundaries of the Bay Point Area of Benefit as established by Resolution No. 96/
361 adopted August 6, 1996 are described in Exhibit A attached to this ordinance.
SECTION VII. SENIOR HOUSING. Nothing in this Ordinance shall be construed to abridge
or modify the Board's discretion, upon proper application for senior housing or congregate
care facilities pursuant to Government Code Section 65915, to adjust or waive the fees
provided for within this ordinance.
SECTION VIII. PURPOSE AND USE OF FEES. The purpose of the fees described in this
ordinance is to generate funds to finance improvements to certain bridges and major
thoroughfares in the Bay Point area. The fees will be used to finance the road improvements
listed in the Revised Development Program Report. As discussed in more detail in the
Report, there is a reasonable relationship between the fees and the types of development
projects that are subject to the fees in that the development projects will generate additional
traffic on bridges and major thoroughfares in the Bay Point area, thus creating a need to
expand, extend or improve existing bridges and major thoroughfares and a need to construct
new bridges and major thoroughfares to mitigate adverse traffic and infrastructure impacts
that would otherwise result from such development projects.
SECTION IX. SEVERABILITY. If any fee or provision of this ordinance is held invalid or
unenforceable by a court of competent jurisdiction, that holding shall not affect the validity or
enforceability of the remaining fees or provisions, and the Board declares that it would have
adopted each part of this ordinance irrespective of the validity of any other part.
SECTION X. REVIEW OF FEES. Project cost estimates shall be reviewed every year that
the Bay Point Area of Benefit is in effect. The fee schedule shall be adjusted annually to
account for inflation using the State of California Construction Cost Index as published
annually by the California Department of Transportation. At no time will the fee schedule be
increased at a rate of more than 5% per year due to inflation.
SECTION XI. EFFECTIVE DATE. This ordinance shall become effective 60 days after
passage, and within 15 days of passage, shall be published once with the names of the
Supervisors voting for and against it in the Contra Costa Times, a newspaper of general
circulation published in this County. Pursuant to Section 913-6.026 of the Contra Costa
County Ordinance Code, the Clerk of the Board shall promptly file a certified copy of this
ordinance with the County Recorder.
SECTION XII. EXISTING FEE.The replacement of Resolutions 91/779 and 93/104 shall not
affect fees accrued thereunder prior to the effective date of this ordinance, and such fees
shall remain subject to payment and collection when building permits are issued in
accordance with Section 913-4.204 of Title 9 (Subdivisions) of the Contra Costa County
Ordinance Code.
PASSED and ADOPTED on August 6, 1996 by the following vote:
AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson, Smith
NOES: None
ABSENT. None
ABSTAIN: None
Attest Phil Batchelor, Clerk of
the Board of Supervisors and County
Administrator
By. 0 0 e
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