Loading...
HomeMy WebLinkAboutORDINANCES - 07221997 - 97-30 97 140390 Ordinance No. 97 -_30 (Revision of Eastern Contra Costa Sub-Regional Transportation Mitigation Fees) The Board of Supervisors of Contra Costa County ordains as follows: SECTION I. SUMMARY. This ordinance provides for the revision of fees to be used for bridge and major thoroughfare improvements within the Eastern Contra Costa Sub- Regional Transportation Mitigation Area of Benefit. SECTION II. REPLACEMENT. Ordinance 94-54 shall be repealed and replaced by this ordinance. SECTION III. AUTHORITY. This ordinance is enacted, in part, pursuant to Government Code Section 664.84 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(x) 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 Eastern Contra Costa Sub-Regional Transportation Mitigation Area of Benefit to fund bridge and major thoroughfare improvements described in the Revised Development Program Report dated July 26, 1994 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: Eastern Contra Costa Sub-Regional Transportation Mitigation Fees: Land Use Fee Single Family (SF) Residential $4,903 per dwelling unit Multi Family Residential 80% of SF rate ($3923) Commercial $0.55 per square foot of gross floor area Office $0.57 per square foot of gross floor area Industrial $0.30 per square foot of gross floor area Other $4,903 per peak hour trip The fee rate for the Bay Point area for single family units and for the "Other" category shall be $1,206. The rate for multiple family units will be 80% ($965) of the single family rate. The Commercial, Office and Industrial land use rates are the same as shown above. - 1 - Ordinance No. 97- 30 9'7 140390 y 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. The revised fees payable under this ordinance shall be in addition to fees payable for the following areas of benefit: 1. Bethel Island Regional Area of Benefit 2. Discovery Bay Area of Benefit 3. Oakley/North Brentwood Area of Benefit. 4. East County Regional Area of Benefit (This area of benefit includes the East County Sub-area, the Pittsburg/Antioch Sub-area and the Marsh Creek Sub-area.) 5. Bay Point Area of Benefit However, where fees are payable for the Discovery Bay Area of Benefit, Oakley/North Brentwood Area of Benefit or East County Regional Area of Benefit, the portion thereof that is allocated to the State Route 4 Bypass shall be credited against the fees payable under this ordinance, as necessary to avoid double payment for the State Route 4 Bypass. The following shall be exempt from the fees levied under this ordinance: (1) any developments required under conditions of approval to construct certain off-site road improvements in lieu of fee payment subject to approval of the East Contra Costa Regional Fee and Financing Authority; and (2) any unimproved subdivision lots for which fees paid for one of the above areas of benefit (Nos 1-5) were previously paid, prior to August 8, 1994, at the time of map recordation. SECTION VI. FEE AREA. The revised fees set forth 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, in accordance with the Eastern Contra Costa Regional Fee and Financing Authority policies. 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 Eastern Contra Costa Sub-Regional Transportation Mitigation Area of Benefit. The fees will be used to finance the road improvements listed in the Revised Development Program Report dated July 26, 1994 and the Addendum to said Report dated July 22, 1997. As discussed in .more detail in the Report and Addendum, 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 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. - 2 - Ordinance No. 97-30 r i 97 140390 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 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 XI. EFFECTIVE DATE. This ordinance shall become effective 60 days after passage. Within 15 days of passage, this ordinance shall be published once with the names of the Supervisors voting for and against it in the Brentwood News, Le"dger Dispatch, and 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 Ordinance 94-54 shall not affect any fees accrued thereunder prior to 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 Adminis for By: I All Z) Deputy Board Chair JB:NW:nw:eh gftranseng/97ordte/Eastem2.wpd 7n/97 - 3 - Ordinance No. 97- 30