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HomeMy WebLinkAboutORDINANCES - 12061994 - 94-72 Ordinance No. 94—72 South Walnut Creek Area of Benefit The Board of Supervisors of Contra Costa County ordains as follows: SECTION I. SUMMARY. This ordinance provides for the formation of the South Walnut Creek Area of Benefit, and the adoption of fees to be collected from developments proposed in the South Walnut Creek Area of Benefit located in unincorporated Contra Costa County to fund road improvements. SECTION II. REPLACEMENT. Within the new area of benefit, Ordinance 93/22 shall be repealed and replaced by this ordinance. SECTION III. 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. w SECTION Ill. NOTICE AND HEARING. This ordinance was adopted pursuant to the procedure set forth in Government Code Sections 54986, 65091, 66016, 66017 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 IV. FEE ADOPTION. The following fees to fund road improvements are adopted for the South Walnut Creek Area of Benefit, as established by Resolution 94/604 dated December 6, 1994 and shall apply to all development within the Fee Area: South Walnut Creek Area of Benefit: Land Use Recommended Fee Single Family Residential $3,951 per Dwelling Unit Multiple Family Residential $3,951 per Dwelling Unit Commercial $7.51 per Square Foot Gross Floor Area Office $6.32 per Square Foot Gross Floor Area Other $3,951 per Peak Hour Trip Fees shall be collected when building permits are issued in accordance with Section 913-4.204 of Title 9 (Subdivisions) of the Contra Costa County Ordinance Code. SECTION V. FEE AREA. The fee area shall include all of the unincorporated area within the South Walnut Creek Area of Benefit with the following exception: 1. Any development required under conditions of approval to construct certain off-site road improvements in lieu of fee payment The boundaries of the South Walnut Creek Area of Benefit as established by Resolution No. 94/604 adopted December 6, 1994 are described in Exhibit A attached to this ordinance. SECTION VI. SENIOR HOUSING. Nothing in this Ordinance shall be construed to abridge or modify the Board's discretion, upon proper application for senior housing or congregate care facilities pursuant to Government Code Section 65915, to adjust or waive the fees provided for this ordinance. SECTION VII. PURPOSE AND USE OF FEES. The purpose of the fees described in this ordinance are to generate funds to finance improvements to certain bridges and major thoroughfares in the South Walnut Creek area. The fees will be used to finance the road improvements listed in the Development Program Report. As discussed in more detail in said report, there is a reasonable relationship between the fees and the types of development.projects that are subject to the fees in that the development projects will generate additional traffic on bridges and major thoroughfares in the South Walnut Creek 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 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 IX. REVIEW OF FEES. Project cost estimates shall be reviewed January 1 of every year that the South Walnut Creek Area of Benefit is in effect. The fee schedule shall be adjusted annually to account for inflation using the State of California Construction Cost Index as published annually by the California Department of Transportation. At no time will the fee schedule be increased at a rate of more that 5% per year due to inflation. 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 Contra Costa Times, a newspaper of general circulation 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 the County Recorder. SECTION XI. EXISTING FEE. The replacement of Ordinance No. 93/22 shall not affect fees accrued thereunder prior to the effective date of this ordinance, and such fees shall remain subject to payment and collection when building permits are issued in accordance with Section 913-4.204 of Title 9 (Subdivisions) of the Contra Costa County Ordinance Code. PASSED and ADOPTED on December 6, 1994 by the following vote: AYES: Supervisors Bishop, xorlakson and4Power_s_ NOES: None ABSENT: Supervisors Smith and DeSaulnier ABSTAIN: None Attest: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: Deputy and(Chair HJB:RBTIds C:swcOR D.tl 2 Attachments