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HomeMy WebLinkAboutORDINANCES - 07221997 - 97-31 97 -140392 ORDINANCE NO.97 - 31 Revision of the Fees for the East County Regional Area of Benefit The Board of Supervisors of Contra Costa County ordains as follows: SECTION I. SUMMARY. This ordinance provides for the revision of fees collected within the East County Area of Benefit to delete that portion previously allocated to the State Route 4 Bypass which will now be solely funded by the Eastern Contra Costa Sub- Regional Transportation Mitigation Fee. SECTION II. REPLACEMENT. Ordinance No. 93-24 shall be repealed and replaced by this ordinance. SECTION Ill. 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 hearing held. SECTION V. FEE ADOPTION. The following revised fees are adopted for the East County Regional Area of Benefit to fund bridge and major thoroughfare improvements, as described in the Revised Development Program Report and in the Addendum to said Report dated July 22, 1997, and shall be levied and collected from all development pursuant to the above authorities: Land Use Recommended Fee Single Family Residential $1,649 per Dwelling Unit Multiple Family Residential $1,320 per Dwelling Unit Office $ 4.13 per Square Foot Gross Floor Area Industrial $ 2.64 per Square Foot Gross Floor Area Commercial $ 1.16 per Square Foot Gross Floor Area The fee shall be payable when building permits are issued as specified in Chapter 913- 4.204 of Title 9 of the Contra Costa County Ordinance Code. SECTION VI. FEE AREA. The fee area shall include all of unincorporated area within the East County Area of Benefit with the Following exception: - 1 - ORDINANCE No. 97 - 31 97 140392 i 1. Properties located within the Oakley/North Brentwood Area of Benefit; and 2. Properties located within the Discovery Bay Area of Benefit; and 3. Properties located within the West Pittsburg Area of Benefit; and 4. Any development required under conditions of approval to construct certain off-site road improvements in lieu of fee payment. The boundaries of the East County Regional Area of Benefit are shown in Exhibit A, attached to this ordinance. More detailed maps of the boundaries are on file with the Department of Public Works, 255 Glacier Drive, Martinez, California. 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 to waive the fees provided for 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 East County area. 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 said 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 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 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 X. 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. - 2 - ORDINANCE No. 97 -i 97 14039 SECTION XI. EXISTING FEES. The replacement of Ordinance No. 93-24 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. Notwithstanding any other provision of this ordinance, should any fee set forth in Section V be ruled invalid or unenforceable by a court of competent jurisdiction, the comparable fee in Ordinance No. 93-24 shall be deemed not to have been repealed and shall remain subject to payment and collection. PASSED AND ADOPTED on Jii I W 99 , 1 ga , 1997 by the Following vote: AYES: Supervisors Rogers , Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None Attest: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator 0By: I� Deputy Board Chair ML:eh g:Vranseng\97ordte\Eastco.wpd rn/s7 - 3 - ORDINANCE No. 97 -31