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HomeMy WebLinkAboutORDINANCES - 07221997 - 97-27 97 1403S.9 ORDINANCE NO. 97- 27 (Revision of Fees for the Discovery Bay Area of Benefit) The Board of Supervisors of Contra Costa County ordains as follows: ECTION I. SUMMARY. This ordinance provides for the revision of fees collected within the Discovery Bay Area of Benefit to delete that portion previously allocated to the State Route 4 Bypass which will now be funded solely by the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee. aECTION ll. REPLACEMENT. Ordinance No. 92-80 shall be repealed and replaced by this ordinance.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 65091, 66017(a), 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 revised fees are hereby adopted for the Discovery Bay Area of Benefit to fund bridge and major thoroughfare improvements described in the Revised Development Program Report dated November 3, 1992 and in the Addendum to said Report dated July 22, 1997 on file with the Clerk of the Board, and shall be levied and collected pursuant to the above authorities: Land Use Recommended Fee Single Family Residential $895/Dwelling Unit Fees shall be collected when building permits are issued in accordance with Section 913-4.204 of Title 9 of the Contra Costa County Ordinance Code. SECTION VI. FEE AREA. The revised fees described in this ordinance shall apply to all property described in Exhibit "A" attached hereto. SECTION VII. SENIOR HOUSING. Nothing in this Ordinance shall be construed to abridge or to modify the Board's discretion, upon proper application for senior housing or congregate care facilities pursuant to Government Code Section 65915, to adjust or to 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 Discovery Bay Area of Benefit. The fees will be used to finance the road improvements listed in the Revised Development Program Report and in the Addendum to said Report dated July 22, 1997. As discussed in more detail in the Report, there is a reasonable relationship between the fees and the types of ORDINANCE NO. 97- 27 • 97 140389 development projects that are subject to the fees in that the development projects will generate additional traffic on bridges and major thoroughfares in the East County 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 VII. 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 VIII. REVIEW OF FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on January 1, to account for inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not require further notice or public hearing. SECTION IX. 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 Tiger:Dispatch 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 IX. EXISTING FEE. The replacement of Ordinance No. 92-80 and Resolution No. 921753 shall not affect any fees accrued thereunder prior to the effective date of this ordinance, and such fees shall remain subject to payment and collection. PASSED and ADOPTED on July 22 , 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla and DeSaulnier NOES: None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By eputy Board Chair ML:eh g:ltranseng197ordte\DiscoBay.wpd 7/7/97 - 2 - ORDINANCE NO. 97- 27