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HomeMy WebLinkAboutORDINANCES - 10311989 - 89-78 ORDINANCE NO. 89-78 (Establishing Bethel Island 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 Bethel Island Fire Protection District. SECTION IV. EXISTENCE OF OVEREXTENSION. Based upon the findings submitted by the Fire Chief of the Bethel Island 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 Bethel Island 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 $488 per dwelling .unit Multi-Family Residential $305.00 per dwelling unit Mobile Home Residential $298.00 per dwelling unit All Other New Construction $ .30 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 fees. SECTION VI . PLAN AND ACCOUNT. On October_ 3, 1989 a proposed five year construction and financing plan for fire facilities improvements adopted by the District was approved by the County. A separate account entitled"Bethel Island Fire Protection District Area Development Fees" is hereby established (Trust Fund No. 8502 and its funds appropriated therefor. All fire -1- ORDINANCE NO. 89-78 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 Brentwood News, a newspaper of general circulation published in this County. PASSED and ADOPTED on October 31, 1989 by the following vote: AYES: Supervisors Torlakson, McPeak, Fanden NOES: None ABSENT: Powers, Schroder ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: �Sl Deputy Chairperson, Board of Supervisors VJW:df df4:\vjw\ord\bi-fees -2- ORDINANCE NO. 89-78