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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 -2- 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 -------------------------------------=---------------------------- ------------------------------------------------------------------- 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 -2- ORDINANCE NO. 87-98