HomeMy WebLinkAboutMINUTES - 11101987 - T.4 ORDINANCE NO. 87-98
(Establishing Contra Costa County Fire Protection
District Area Development Fees)
The Board of Supervisors of the County of Contra Costa
ordains as follows:
SECTION I. AUTHORITY. This Ordinance is enacted pursuant to
Division 818 of the County Ordinance Code (Ord. 86-49) .
SECTION II. NOTICE AND HEARING. This Ordinance is adopted
pursuant to the procedure set forth in Government Code Sections
54986, 54992 and 65962, -and all required- notices have been given
. and public hearings held.
SECTION III. SERVICE AREA. The service area affected by this
Ordinance shall be the entire service area' and territory of the
Contra Costa County Fire Protection District.
SECTION IV. EXISTENCE OF OVEREXTENSION. Based upon the findings
submitted by the Fire Chief of the Contra Costa County Fire
Protection District (which have been reviewed and considered by
this Board) , evidence presented at the public hearing, and .
information known to this Board, it is hereby determined that the
fire protection facilities within the service area for the Contra
Costa County Fire Protection District are not adequate to serve
the fire protection needs of said service area and that, as such,
said fire facilities are overextended.
,r SECTION V. FEES. On and after the effective date of this
Ordinance the following fees shall be collected pursuant to this
Ordinance and County Ordinance Code Sections- 818-6.202 and 818-
6.210 (Ord. 86-49) :
A. Fire Protection Facilities Fee. Each person who applies
55
for a building permit 'within the service area affected by this
Ordinance (hereinafter "Applicant" ) shall, at the time of such
application and prior to issuance, pay a fire protection
facilities fee in accordance with the following schedule:
Single Family Residential $300.00 per dwelling unit
Multi-Family Residential $200.00 per dwelling unit
Mobile Home Residential $200.00 per dwelling unit
All Other New Construction $ . 0.20 per sq. ft.
• B. Administration Fee. In addition to the foregoing, each
Applicant, at the time of application for and prior to the
issuance of a building permit, shall pay an administration fee,
which is determined to be the estimated average cost of processing
the permit, and which shall be computed as follows:
For All Residential Construction $20.00 per dwelling unit
For Non-Residential Construction A sum equal to 1% of the
fire protection facilities
fee.
r
SECTION VI PLAN AND ACCOUNT. On January 14, 1986 a proposed five
year construction and financing plan for fire facilities
improvements adopted by the District was approved by the County.
A revised version of the plan was approved by the Board on March
17, 1987. A separate account entitled Contra Costa County Fire
Protection District Area Development Fees" is hereby established
(Trust Fund No. 8504 ) and its funds appropriated therefor. All
fire protection facilities -fees collected pursuant to this
Ordinance shall be placed in said account for expenditure and the
incurring of obligations to implement the said five year plan.
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 . DELAY. If for any reason, this Ordinance's fees
are not collected as provided in Section V, they shall also be due
and paid at the date of the final inspection, or the date the
certificate of occupancy is issued, whichever occurs last.
SECTION IX. EFFECTIVE DATE. ThisOrdinance 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.
PASSED and ADOPTED on November 10 , 1987, by the following
vote:
AYES: Supervisors Powers, Schroder, Torlakson, McPeak.
NOES: None.
ABSENT: Fanden.
ABSTAIN Mne,
ATTEST. PHIL BATCHELOR,
Clerk of the Board of Chairperson, Board of
Supervisors and County Supervisors
Administrator
By: O
• Dep ty
VJW:df
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ORDINANCE NO. 87-98
TBE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on November 10, 1987_, by the following vote:
AYES: Supervisors Powers, Schroder, Torlakson, McPeak
NOES: None
ABSENT: Supervisor Fanden
ABSTAIN: None
-------------------------------------=----------------------------
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SUBJECT: Hearing on the Establishment of a Proposed
Development Fee 'for the 'Contra Costa County
Fire Protection District
The Chair convened the hearing on a proposed ordinance to
provide for the establishment of a development fee to fund the
construction of - fire facilities in the Contra Costa County Fire
.Protection District.
Phil Batchelor, County Administrator, commented on the
election results of -the advisory measures which supported the
imposition of a fee on development to help fund the construction of
fire stations. He noted that the "no" vote was targeted at the
proposed $15 per househould fee. Mr. Batchelor advised that the
development fee, if approved by the Board, would apply to the
unincorporated area within the Fire District and that the cities
within the District would have to act separately to impose such a
fee.
The Chair opened the hearing for public comment.
No one appeared 'to speak.
In response to the Chair's question, Michael Price, Presi-
dent, United Professional Firefighters, Local 1230, advised that
his membership has not had time to develop a position on this
issue.
It was noted that a letter dated October 29, 1987, was
received from David P. Dolter, Chair, Housing Task Force, Contra
Costa Council, 2682 Bishop Drive, Suite 110, San Ramon 94583-2338,
expressing concerns with the imposition of development fees.
Supervisor Torlakson commented on the need to identify as
-well as provide a funding source for staffing the fire stations.
He suggested the establishment of a task force to analyze the vote
on the fire measures as well as to identify a method for funding
fire service personnel.
On recommendation of Supervisor Schroder, IT IS BY THE BOARD
ORDERED that the hearing is CLOSED and Ordinance No. 87-98
establishing a development fee to fund fire facilities -in the
Contra Costa County Fire Protection District is ADOPTED.
IT IS FURTHER ORDERED that the Board of Commissioners of the
Contra .Costa County -Fire Protection District is REQUESTED to form a
Task Force with membership to include broad-based citizen involve-
ment and representation of the United Professional Firefighters,
Local 1230, to review the financing and implementation of the
5-Year Plan as well as the identification of a stable revenue
source for the future.. `
cc: Chief, CCCFPD 1 hereby certify that this la a true and co:mctcopy of
Board of Commissioners an action taken and entered on the minutes 0, the `t
County Administrator Board of Supervisors on the date shown.
Community Development
Building Inspector ATTESTIED: �X-E� -L�Z4--y�
PHIL BATCHELOR,Clerk of tho Board
of Supervisors and County Administrator
6y Deputy
J
ORDINANCE NO. 87-98
(Establishing Contra- Costa County Fire Protection
District Area Development Fees)
The Board of Supervisors of the County of Contra Costa
ordains as follows:
SECTION I. AUTHORITY. This Ordinance is enacted pursuant to
Division 818 of the County Ordinance Code (Ord. 86-49) ..
SECTION II . - NOTICE AND HEARING. This Ordinance is adopted
pursuant to the procedure set forth in' Government Code Sections
54986, 54992 and 65962, and all required notices have been given
and public hearings held.
SECTION III. SERVICE AREA. The service area affected by this
Ordinance shall be the entire service area and territory of the
Contra Costa County Fire Protection District.
SECTION IV. EXISTENCE OF OVEREXTENSION. Based upon the findings
submitted by the Fire Chief of the Contra Costa County Fire
Protection District (which have been reviewed and considered by
this Board) , evidence presented at the public hearing, and
information known to this Board, it is hereby determined that the
fire protection facilities within the service area for the Contra
Costa County Fire Protection District are not adequate to serve
the fire protection needs of said service area and that, as such,
said fire facilities •are overextended.
SECTION V. FEES. On and after the effective date of this
Ordinance the following fees shall be collected pursuant to this
Ordinance and County Ordinance Code Sections 818-6.202 and 818-
6.210 (Ord. 86-49) :
A. Fire Protection Facilities Fee. Each person who applies-
for a building permit within the service area affected by this
Ordinance (hereinafter "Applicant".) shall, at the time of such ,
Application and prior to issuance, pay a fire protection
facilities fee in accordance with the following schedule:
Single Family Residential $300.00 per dwelling unit
Multi-Family Residential $200.00 per dwelling unit
Mobile Home Residential $200.00 per dwelling unit
All Other New Construction $ 0.20 per sq, ft.
• B. Administration Fee. In addition to the foregoing, each
Applicant, at the time of application for and prior to the
issuance of a building permit, shall pay an administration fee,
which is determined to be the estimated average cost of processing
the permit, and which shall be- computed as follows:
For All Residential Construction $20.00 per dwelling unit
For Non-Residential Construction A sum equal to 1% of the
fire protection facilities
fee.
SECTION VI PLAN AND ACCOUNT. On January 14, 1986 a proposed five
year construction and financing plan for fire facilities
improvements adopted by the District was approved by the County.
A revised version of the plan was approved by the Board on March
17, 1987 . A separate account entitled Contra Costa County Fire
Protection District Area Development Fees" is hereby established
(Trust Fund No. 8504) and its funds appropriated therefor. All
fire protection facilities fees collected pursuant to this
Ordinance' shall be placed in said account for expenditure and the
incurring of obligations to implement the said five year plan.
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. DELAY. If for any reason, this Ordinance's fees
are not collected as provided in Section V, they shall also be due
and paid at the date of the final inspection, or the date the
certificate of occupancy is issued, whichever occurs last.
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 Contra Costa Times, a newspaper of
general circulation published in this County.
PASSED and ADOPTED on November 10 , 1987, by the following
vote:
AYES: Supervisors Powers, Schroder, Wrlakson, Mr-peak.
NOES: None.
ABSENT: Fanden.
ABSTAIN done. .
ATTEST: PHIL' BATCHELOR,
Clerk of the Board of Chairperson, Board of
Supervisors and County Supervisors
Administrator
By: O
• Dep ty
VJW:df
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ORDINANCE NO. 87-98