HomeMy WebLinkAboutORDINANCES - 07221997 - 97-32 97 1403,93
ORDINANCE NO. 97 3
(Revision of Fees for Oakley/North Brentwood 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 Oakley 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.
SECTION II. REPLACEMENT. Ordinance No. 90-10 shall be repealed and replaced by this ordinance.
SECTION 111. 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 REVISION. The following revised fees are hereby adopted for the Oakley/North
Brentwood Area of Benefit to fund bridge and major thoroughfare improvements described in the Revised
Development Program Report dated February 6, 1990 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
Residential Single Family Dwelling Unit $6,137/unit
Residential Multi-Family Dwelling Unit $5,025/Unit
Commercial $ 3.14/sq ft gross floor area
Industrial $ 1.81/sq ft gross floor area
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 Oakley/North
Brentwood 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 development
- 1 -
ORDINANCE 97- 3 2
97 .40393
protects 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 VIII. SEVERABILITY. If any fee or provisions 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 IX. 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 Contruction 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 ledger Dispatch, a newspaper of general circulation and 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 County Recorder.
SECTION XI. EXISTING FEE. The replacement of Ordinance No. 90-10 shall not affect any fees accrued
thereunder prior to February 6, 1990, and such fees shall remain subject to payment and collection. Final
residential subdivision maps approved prior to September 15, 1987 that have not expired or reverted to
acreage shall be subject to the fees established by Ordinance No. 90-10, rather than those established by
this ordinance.
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
Bo an unty d inistrator
Deputy Board Chair
ML:eh
g:\transen g\97o rdte\Oakley.wpd
7/3/97
- 2 -
ORDINANCE 97- 32