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HomeMy WebLinkAboutORDINANCES - 11041986 - 86-95 f i ORDINANCE NO. 86- 95 Fees .for Planning g Services) The Board of Supervisors of the County of Contra Costa ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code) : SECTION I . Summary. Existing provisions of the County Ordinance Code establish fees for certain planning services of the Community Development Department. This ordinance amends Section 26-2.2802 to require: the payment of fees established by the Board of Supervisors, and amends and adds several sections of the Code regarding planning fees. SECTION II . Authority. This ordinance is enacted, in part, in accordance with the provisions of Government Code Sections 54985 et seq. , 54990 et seq. , 65909 . 5, 65941. 5, 65962, 66451. 2, and Public Resources Code Section 21089 . SECTION III . Section 26-2.2802 of the County Ordinance Code is amended to read as follows : 26-2. 2802 Fees Required. Each person who applies for, requests , receives, or appeals a land use permit or other entitle- ment or service furnished by the community development department shall at the time of such application, request, receipt, or appeal pay the applicable fee or fees established by the board of super- visors. (Ords. 86-95 § 3, 74-2 § 3. ) SECTION IV. Section 26-2.2804 of the County Ordinance Code is amended to read as follows : 26-2.2804 Environmental Impact Reports. ( 1) Environmental impact reports prepared by County staff shall be charged at cost against money deposited in advance by the applicant. Environ- mental impact reports prepared by consultants engaged by the county will be charged against money deposited in advance by the applicant and shall include an additional non-refundable twenty-five percent ( 25% ) of the consultant' s fee for community development department costs in support thereof. If the cost exceeds the applicant's deposit, the applicant shall pay the excess costs to the county upon initial hearing on the proposed action. If the cost is less than the deposit, any excess shall be refunded to the applicant. (b) The director of community development may waive part or all of the fee for a planned unit district final development plan EIR if he finds, in accordance with the State CEQA Guidelines, that the preliminary development plan EIR is appropriate for final development plan consideration. (Ords. 86- 95§ 4, 74-2 § 3. ) SECTION V. Section 26-2.2806 of the County Ordinance Code is amended to read as follows: 26-2.2806 Late filing. Whenever the director of community development determines that a person has begun an illegal land use without first applying for and obtaining all required permits or entitlements, he shall apply as soon as practicable and pay a fee of one and one-half ( 1 1/2 ) times the normal fee, but he remains subject to other penalties and enforcement procedures. (Ord. 86-95 § 5. ) ORDINANCE NO. 86-95 i I SECTION VI . Section 26-2. 2808 of the County Ordinance Code is amended to read as follows: 26-2. 2808 Refunds. If an application, filing, or appeal is withdrawn before any required notice is given but after processing work has begun, the director of community development shall authorize a partial or complete refund of required fees which exceed the cost of the work performed_ . Once any required notice is given, no refund may be granted. (Ords. 86- 95 § 6, 74-2 § 3. ) SECTION VII . Section 26-2.2810 is added to the County Ordinance Code to read as follows : 26-2.2810 Public service activities. The director of community development may waive the fees required by this article for applications filed by community interest, non-profit groups receiving substantial financial support from public entities for public service activities which are determined by the director to be for the welfare of the County because they relieve the County of directly performing them. (Ord. 86- 9 § 7. ) SECTION VIII. Section 26-2. 2812 is added to the County Ordinance Code to read as follows: 26-2. 2812 Bond processing fee. Whenever an applicant elects to post a faithful performance bond in lieu of improvements required in conditions. of approval , he shall pay an additional non-refundable five percent ( 5%) of estimated improvement costs in cash, check or money order (but not less than $100 nor more than $500) for administrative costs in connection with bond processing. (Ord. 86- 95 § 8. ) SECTION IX. Section 26-2. 2814 is added to the County Ordinance Code to read as follows: 26-2. 2814 Building permit process fee. The community development department shall charge for those services rendered subsequent to approval of land use entitlements and through occupancy, in order to ensure compliance with all the conditions of project approval. The fee will be $10 per permit or 10% of the building permit fees, whichever is greater. The fee shall be collected by the building inspection department at the time of collection of other building permit fees . (Ord. 86- 95 § 9 . ) SECTION X. Severability. If any 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 of Supervisors declares that it would have adopted each part of this ordinance irrespective of the validity of any other part. SECTION XI. 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 -2- ORDINANCE NO. 86- 95 for and against it in the Contra Costa Times a newspaper of general circulation published in this County. PASSED on November 4 , 1986 1986, by the following vote: AYES: Supervisors Fanden , Schroder , McPeak, Torlakson, Powers , f NOES: None , ABSENT: None . ABSTAIN: None , ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By &fid g-lCeG Deputy Bgard Chair [ !SEAL] SBM•df (10-16-86) I -3- ORDINANCE NO. 86-955 I i