HomeMy WebLinkAboutRESOLUTIONS - 01011993 - 1993-104 WHEN RECORDED RETURN
TO CLERK,
BOARD OF SUPERVISORS
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: March 9, 1993
SUBJECT: Revisionof the Countywide Area of Benefit to Modify the Existing Boundaries to Create
Separate Regional Areas of Benefit
RESOLUTION NO. 93I
SPECIFIC REQUEST(S)08 RECOMMENDATtON(S) &BACKGROUND AND JUSTIFICATION
I. Recommended Action:
It is recommended that the Board take the following actions:
1 ADOPT and APPROVE the Revised Development Program Report pertaining to the
separation of the Countywide Area of Benefit into seven regional areas of benefit:
2. REVISE the Countywide Area of Benefit in accordance with the Revised Development
Program Report by;,separating`said area of benefit into seven regional areas of benefit.
3. DETERMINE that the Area of Benefit boundary revision is not a project subject to the
California Environmental Quality Control Act.
4. DIRECT-'the Director of Community Development to file a Notice of Exemption; and
DIRECT the Public Works Director to,arrange for payment of the $ 25.00 handling.fee"to
the County Clerk for the filing of the Notice of Exemption.
5. DETERMINE that a majority protest does not exist.
6 ENACT the attached ordinances, which separate the Countywide Area of Benefit into
regional.'areas of benefit as recommended in the Revised Development'Program Report'
and which readapt the fee schedules specific tot a respective regional'areas of benefit.
Continued on Attat:hment: X SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR'
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES)
ACTION OF BOARD ON March 9 1993 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ASSENT 1
AYES: NOES:
ABSENT: ABSTAIN: t hereby cartify that this Is a Vue and correct copy of
an action taken and°s entered'on the minutes'of the
NW:fp
ett Board of Supervl on the data shown.
NW:f p:e ATTESTED: X� 9, / 9", WIND
C:BPHIL BATCHELOR,Clerk at tho Board
of Supervisom and County Administrator
Orig. Div Public Works (TIE)
Contact: Nancy Wein, Tel. 313-2275
cc: M. Shiu, Deputy PW Director
Community Development
Public Works,Accounting
County Auditor-Controller
Treasurer-Tax Collector
Recorder
Revision of the Countywide Area of Benefitto Modify the Existing Boundaries to 'Create Separate
Regional Areas of Benefit
March 9, 1993
Page 2
h Recommended Action: (Cont.)
7. INCORPORATE in this resolution by reference the boundaries, costs and method of fee
apportionment set forth in the Revised Development Program Report, the attached
ordinances and the maps on file with the Public'Works Department.
8. DIRECT the Public Works Director to continue the trust fund accounts for the seven
regional''areas of benefit and their respective subareas.
9. DIRECT the Auditor/Controller to continue saidtrust fund accounts; and DIRECT the
Treasurer to continue the investment of said monies with interest to accrue in the
respective trust fund accounts
10: DIRECT the Public Works Department and Department of Community Development to
work with local and state agencies in periodically reviewing the fee schedules for the
regional areas of benefit:
11. DIRECT the Director of Community Development to monitor future amendments to the
currently adopted General Plan and their impact on traffic within the regional areas of
benefit, to report those amendments to the Public Works Director as necessary to
facilitate updating of the regional areas of benefit, and to make recommendations to the
Board,
12. DIRECT the Clerk of the Board to promptly file a certified copy of this resolution with the
County Recorder, pursuant to Section 913=6.026 of the Contra Costa County';Ordinance
Cade."
IL Financiallmpact
The proposed changes to the Countywide Area of Benefit 'boundaries will have no financial
impact. The current fee 'schedules for the original Area of Benefit regions, now separate'
Regional Areas of Benefit,will remain the same. The trust fund accounts specific to a particular
subarea and therefore region, will remain in place but now be specific to a particular Regional'
Areas of Benefit.
Ill. Reasons for Regommendations and Background:
The Countywide Area of Benefit is being revised to modify the existing boundaries only. The
project list, estimated project costs,cast allocation,fee apportionment,and traffic mitigation fees
will remain the same at this time. The proposed boundary revision will allow the Public Works
Department staff to update and administer the large Countywide Area of Benefit more efficiently
by creating seven smaller Regional Areas of Benefit. The Regional Areas of Benefit can then be
updated independently after evaluation of the project lists, program costs, and land use
information specific to the particular Regional Area of Benefit.
Government Code Section 66484 and Division 913, Title 9 of the Contra Costa County
Ordinance Code provide for assessing and collecting fees for bridge and/or major thoroughfare
construction within a designated area of benefit and as a condition of approval of a final
subdivision reap or as a condition of issuing a building,permit. The Public Works Director and
Director of Community Development have completed a Development Program Report for the
proposed Regional Areas of Benefit, which was filed with the Clerk of the Board. Notice of the
hearing was duly given in accordance with Government Code Sections 54986, 65091, 66016,
and 66484.
The Countywide Area of Benefit was first adopted by the Beard of Supervisors on March 15
1988, to improve the capacity and safety of the arterial road network in Contra Costa County
through the establishment of a>traffic mitigation fee. The traffic mitigation fee applies to the
unincorporated areas of the County and is<required of all new development. The Countywide
Area of Benefit was divided into seven regions, some of which were further divided into
Revision of the Countywide Area of Benefit to Modify the Existing Boundaries to Create Separate
Regional Areas of Benefit.
March 9, 1993
Page 3
III. Reasons for l ecocnmendatlons and:Ba ftround: (Cont.)
subareas. The seven regions are called West County, Central County,Larmorinda,Alamo, South
County, East County, and Bethel Island. There is a separate fee schedule for each region. Fees
collected within subareas are held in a separate trust fund account specific to that area. This
is to ensure that money collected within the subarea is used to improve the road deficiencies
in that area only and not to be diverted for use elsewhere in the County.
The revised boundaries for the Countywide Area of Benefit will now coincide with the boundaries
of the seven regions'described above, in addition to the Contra Costa County boundary. This
will create seven separate and distinct Regional Areas of Benefit. The funding mechanism and
trust fund'accounts specific to a particular subarea and region, will remain in place but now be
specific to a particular Regional Area of Benefit:
The revision in the Countywide Area of Benefit was determined not to be a project subject to the
California Environmental Quality'Act.
IV. Consequences of Negative Action:
Failure to revise the Countywide Area of Benefit to form separate Regional Areas of Benefit may
result in the loss of road funds. Currently,the seven regions are updated at one time. If the fee
schedule for a region cannot be revised within a reasonable time period to be reflective of
updated ,project lists, project costs and land use information, any development which would
occur would be assessed an inadequate fee.
ORDINANCE NO. '93 -„
WEST COUNTY REGIONAL AREA OF BENEFIT
(Revision of the Countywide Area of Benefit
into Separate Regional Areas of Benefit)
The Board of Supervisors of Contra Costa County ordains as follows:
SECTION I. SUMMARY. This ordinance revises the boundaries of the Countywide Area
of Benefit by establishing .a separate West County Regional Area of Benefit and by
readopting existing fees.
SECTION II. REPEAL. As of the effective date of this ordinance, Resolution No. 88/122
is 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.
SECTION IV. NOTICE AND HEARING. This ordinance was adopted pursuant to the-
procedure set forth in Government Code Sections 54986, 55091, 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 hearing held.
SECTION V. FEE ADOPTION. The following fees are adopted for the West County
Regional Area of Benefit to fund bridge and major thoroughfare improvements,as described
in the Revised Development Program Report, and shall be levied and collected from all
development pursuant to the above authorities:
Land Use Recommended Fee
Single Family Residential $1,648 per Dwelling Unit
Multiple Family Residential $1,319 per Dwelling Unit
Office $2.63 per Square Foot Gross Floor Area
Industrial $1.15 per Square Foot Gross Floor Area
Commercial $4.12 per Square Foot Gross Floor Area
The fee shall be payable as specified in Chapter 913-4 of the Contra Costa County
Ordinance' Code, as modified by Government Code Section 53077.5, with the following
exception:
-1-
ORDINANCE NO. 93-.21
Fees from new residential construction within Agricultural Preserve or Open,
Space areas in the General Plan shalt be collected upon the issuance of a
building ''permit or at the time specified in Government Code section
53077.5(x), as applicable, and not upon recordation of'a parcel map or final'
subdivision map.
SECTION VI. FEE AREA. The fee area shall include all of unincorporated area within
the West County Area of Benefit with the following exception:
1. Properties located within the El Sobrante Area of Benefit; and
2. Any development required under conditions of approval to construct certain
off-site road improvements in lieu of fee payment.
The boundaries of the West County Regional Area of Benefit are shown in Exhibit A,
attached to this ordinance. More detailed maps of the boundaries are on file with the
Department of Public Works, 255 Glacier Drive, Martinez, California.
SECTION VII. 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' VIII. PURPOSE AND USE OF FEES. The purpose of the fees described in
this ordinance is to generate funds to finance"improvements to certain bridges and major
thoroughfares in the West County area. The fees will be used to finance the road
improvements listed in the Revised 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"West County 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 IX. 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 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
-2-
ORDINANCE NO. 93-21,
County Ordinance Code, the Clerk of the Board shall promptly file a certified copy of this `
ordinance with the County Recorder.
SECTION XI. 'EXISTING FEES. The replacement of Resolution No. 88/122 shall not
affect any fees accrued thereunder prior to the effective date of this ordinance, and such
fees shall 'remain subject to payment and collection. Notwithstanding any other prevision
of this ordinance, should any fee set forth in Section'V be ruled invalid or unenforceable by
a court of competent jurisdiction, the comparable fee in Resolution No. 881122 shall be
deemed not to have been repealed and shall remain subject to payment and collection.
PASSEL`;and ADOPTED on March 9 , 1993 by the following vote:
AYES: Supervisors Smith Bishop, McPeak and Torlakson
NOES: None
ABSENT: Supervisor Powers
ABSTAIN: None
Attest: Phil Batchelor, Clerk of
the Board''of Supervisors and County
Administrator
i•"'- r' e--
By:
-----""By:
Deputy J� Board Chair
NW:nw/rbt
c:Ordl'.t3
Attachments
ORDINANCE NO. 93-.21
d
fr
�r
�_ �"'�•f �� 1, ^"�'• �'.�. � fix:
'� .Tilt\ '�� ' � :w• a +�
t�., rj�•e �. i'f
1 ✓
l- l
Ordinance No. 93 - 22
CENTRAL:COUNTY REGIONAL AREA OF BENEFIT
(Revision of the Countywide Area of Benefit
into Separate Regional Areas of Benefit)
The Board of Supervisors of Contra Costa County ordains as follows:
SECTION I. SUMMARY. This ordinance revises the boundaries of the Countywide Area
of Benefit``by establishing a separate Central County Regional Area of Benefit and by
readopting existing fees.
SECTION-II. REPEAL. As of the effective date of this ordinance, Resolution No. 88/122
is repealed and replaced by this ordinance.
SECTION III. At3TFIORITY. This ordinance is enacted,in part, pursuant to Government
Code Section 66484 and Division 913, Title 9, of the Contra Costa County Ordinance Code.
SECTION`IV. 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 hearing held:
SECTION V. FEE ADOPTION. The following fees are adopted for the Central County
Regional Area of Benefit to fund bridge and major thoroughfare improvements,as described
in the Revised Development Program Report, and shall be levied and collected from all
development pursuant to the above authorities:
Land Use Recommended Fee
Single Family Residential $2,300 per;Dwelling Unit
Multiple Family Residential $1,840 per Dwelling Unit
Office $3.68 per Square Foot Gross Floor Area
Industrial $1.60 per Square Foot Gross Floor Area
Commercial $5.75 per Square Foot Gross Floor Area
The fee shall be payable as specified' in Chapter 913-4 of the Contra Costa County
Ordinance 'Code, as modified by 'Government Code Section 53077.5, with the following
exception:'
-1-
ORDINANCE NO. 93-22
Fees from new residential construction within Agricultural Preserve or Open
Space areas in the General Plan shall be collected upon the issuance of a
building 'permit or at the time specified in Government Code section
53077.5(x), as applicable, and not upon recordation of a parcel map or final
subdivision map.
SECTION VI. FEE AREA. The fee area shall include all of unincorporated area within
the Central County Area of Benefit with the following exception:
1. Properties located within the Pacheco Area of Benefit, and
2. Any development required under conditions of approval to construct certain
off-site road improvements in lieu of fee payment.
The boundaries of the Central County Regional Area of Benefit are shown in Exhibit A,
attached to this ordinance. More detailed maps of the boundaries are on file with the
Department of Public 'Works, 255 Glacier Drive, Martinez, California.
SECTION VII. SENIOR >HOUSING. Nothing in this Ordinance shall be construed to
abridge or modify the Beard'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 VIII. PURPOSE AND USE OF FEES. The purpose of the fees described in
this ordinance is to generate funds to finance improvements to certain bridges and major
thoroughfares in the Central County area The fees will be used to finance the road
improvements listed in the Revised 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 Central County 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 TX 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 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
ORDINANCE NO. 93-22
County Ordinance Code, the Clerk of the Board shall promptly file a certified copy of this
ordinance with the County Recorder.
SE.CTION`,'XI. EXISTING FEES. The replacement of Resolution No. 88/122 shall not
affect any 'fees accrued thereunder prior to the effective date of this ordinance, and such
fees shall remain subject to payment and collection. Notwithstanding any other provision
of this ordinance, should any fee set forth in Section V be ruled invalid or unenforceable'by
a court of competent jurisdiction,, the comparable fee in Resolution No. 88/122 shall be
deemed not to have been repealed and shall remain subject to payment and collection.
PASSED and ADOPTED on March 9, , 1993 by the following vote:
AYES: Supervisors Smith, Bishop, McPeak and Torlakson
NOES': None
ABSENT: Supervisors Powers
ABSTAIN:None
Attest: Phil Batchelor, Clerk of
the Board of Supervisors and County
Administrator
Deputy t/ Board hair
NW.nw/rbt
cord2 tg
Attachments
-3-
ORDINANCE NO. 93- 22
e
i
tc 1,
fk
53
{ w�
V
Zn
{
tib
r-
........... ........................ .........
..........
ORDINANCE NO. 93 -23
LAMORINDA REGIONAL AREA OF BENEFIT
(Revision of the Countywide Area of Benefit
into Separate Regional Areas of Benefit)
The Board of Supervisors of Contra Costa County ordains as follows:
SECTION I. SUMMARY. This ordinance revises the boundaries of the Countywide Area
of Benefit by establishing a separate Lamorinda Regional Area of Benefit and by readopting
existing fees.
SECTION II. REPEAL. As of the effective date of this ordinance, Resolution No. 88/122
is 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.
SECTION IV. 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 hearing held.
SECTION V. FEE ADOPTION. The following fees are adopted for the Lamorinda
Regional Area of Benefit to fund bridge and major thoroughfare improvements, as described
in the Revised Develovment Program Report, and shall be levied and collected from all
development pursuant to the above authorities:
Land Use Recommended Fee
Single Family Residential $2,300 per Dwelling Unit
Multiple Family Residential $1,840 per Dwelling Unit
Office $3.68 per Square Foot Gross Floor Area
Industrial $1.60 per Square Foot Gross Floor Area
Commercial $5.75 per Square Foot Gross Floor Area
The fee shall be payable as specified in Chapter 913-4 of the Contra Costa County
Ordinance Code, as modified by Government Code Section 53077.5, with the following
exception:
ORDINANCE NO. 93- 23
Fees from new residential construction within Agricultural Preserve or Open
Space areas in the General Plan shall be collected upon the issuance of-a
building permitor at the time specified in Government Code section
53077.5(x), as applicable, and not upon recordation of a parcel map or final
subdivision map.
SECTION VI. FEE AREA. The fee area shall include all of unincorporated area within
the Lamorinda 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 Lamorinda'Regional Area of Benefit are shown in Attachment A
attached to this ordinance. More detailed maps of the boundaries are on file with the
Department of Public Works, 255 Glacier Drive, Martinez, California.
SECTION VII. SENOR 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 Cade Section-65915, to adjust or waive
the fees provided' for this ordinance.
SECTION VIII. PURPOSE AND USE:OFFEES. purpose of the fees described in
this ordinance is to generate funds to finance improvements to certain bridges and major
thoroughfares in the Lamorinda area.. The fees` will be used to finance the road
improvements listed in:the Revised 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 Lamorinda 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.
S CTIt7N IX. 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 adapted each part of this ordinance irrespective of the validity of any other part.
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 Centra Costa Times, a newspaper of general
circulation published in this County. Pursuant to Section 913-6.026 of the Contra Costa
_2
ORDINANCE NO. 93-
County Ordinance Code, the Clerk of the Board shall promptly file a certified copy of this
ordinance with the County Recorder.
SECTION XI. EXISTING FEES. The replacement of Resolution No. 88/122 shall not
affect any fees accrued thereunder prior to the effective date,of this ordinance, and such
fees shall 'remain subject to payment and collection. Notwithstanding any other provision
of this ordinance, should any fee set forth in Section V be 'ruled invalid or unenforceable by
a court of competent jurisdiction, the comparable fee in Resolution No. 88/122 shall be
deemed not to have been repealed and shall remain subject to payment and collection.
PASSED ,and ADOPTED on March 2 , 1993 by the following vote:
AYES. Supervisors Smith, Bishop, McPeak and Torlskson
NOES: None
ABSENT: Supervisor Powers
ABSTAIN: None
Attest: Phil Batchelor, Clerk of
the Board of Supervisors and County
Administrator
!gym l
Deputy J oard Chair
NW:nwlrbt
e:Ord3.t3
Attachments
-3-
ORDINANCE NO. 93- 23
CID_
1
�r
,tf
iy
�rj
r/
ORDINANCE NO.'93 - 24
EAST COUN'T'Y REGIONAL AREA OF BENEFIT
(Revision of the Countywide Area of Benefit
into Separate Regional Areas of Benefit)
The Board of Supervisors of Contra Costa County ordains as follows.
SECTION I. SLI MARY. This ordinance revises the boundaries of the Countywide Area
of Benefit by establishing-`a separate East County RegionalArea of Benefit and by
readopting existing fees.
SECTION II. REPEAL, As of the effective date of this ordinance, Resolution No. 88/122
is repealed and replaced by this ordinance.
SECTION'IIII. 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.
SECTION:IV. NO'T'ICE 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 hearing held.
SECTION;V. FEE ADOPTION. The following fees are adopted for the East County
Regional Area of Benefit to fund bridge and major thoroughfare improvements, as described
in the Revised Development Program Report, and shall be levied and collected from all
development pursuant to the above authorities:
Land Use Recommended Fee
Single Family Residential $1,994 per Dwelling Unit
Multiple Family Residential $1,596 per Dwelling Unit
Office $3.19 per Square Foot'Gross Floor Area
Industrial $1.40 per Square Foot Gross Floor Area
Commercial $4.99 per Square Foot Gross Floor Area
The 'fee shall be payable as specified.. in Chapter 913-4 of the Contra Costa County
Ordinance Code, as modified by Government Code Section 53077.5, with the following
exception:
ORDINANCE NO. 93-24
Fees from new residential construction within Agricultural Preserve or Open
Space areas in the General Plan shallbe collected upon the:issuance of a
building permit or at the time specified in Government Code section
53077.5(a), as applicable, and not upon recordation of a parcel map or final
subdivision map.
SECTION VI. FEE AREA. The fee area shall include all of unincorporated area within
the East County Area of Benefit with the following exception:
1. Properties located within the Oakley/North Brentwood Area of Benefit; and
2. Properties located within the Discovery Bay Area of Benefit; and
3. Properties located within the West Pittsburg Area.of Benefit; and
4. Any development required under conditions'of approval to construct certain
off-site road improvements in lieu of fee payment.
The boundaries of the East County Regional Area of Benefit are shown in Exhibit A,
attached to this ordinance. More detailed maps of the boundaries are on file with the
Department of Public Works, 255 Glacier Drive, Martinez, California.
SECTION VII. 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 VIII. PURPOSE AND USE OF FEES. The purpose of the fees described in
this ordinance is to generate funds to finance improvements to certain bridges and major
thoroughfares in the 'East County area. The fees will be used to finance the road
improvements listed in the Revised 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 East County 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 IX. 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 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
-2-
ORDINANCE NO. 93-24;
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 Cleric of the Board shall promptlyfile a'certified copy of this
ordinance with the County Recorder,
SECTION' XI. EXISTING FEES. The replacement of Resolution No. 88/122 shall not
affect any„fees accrued thereunder prior to the effective date of this ordinance, and such
fees shall remain subject to payment and collection. Notwithstanding any other provision
of this ordinance, should any fee set forth in Section..V be ruled invalid or unenforceable by
a court of competent jurisdiction, the comparable fee in Resolution No. 88/122 shall be
deemed not to have been repealed and shall remain subject to payment and collection.
PASSED and ADOPTED on March 9 , 1993 by the following vote:
AYES: Supervisors Smith, Bishop, McPeak' and Torlakson
DOES: None
A 3SENT: Supervisor Powers
ABS'T'AIN: None
Attest: Phil Batchelor, Clerk of
the Board of Supervisors and County
Administrator
B
Deputy Board Chair
NW:nwlrbt
ctord6.t3
Attachments
-3-
ORDINANCE NO. 93,2 +
r
LU
LLI ` 1
LU
03
1 ,d
0 LU
cr. t �<
Lo
f a� J vi
4-4
M
1
ORDINANCE NO. 93 -25
SOUTH COUN'T'Y REGIONAL AREA OF BENEFIT
(Revision of the Countywide Area of Benefit
into Separate Regional Areas of Benefit)
The Board of Supervisors of Contra Costa County 'ordains as follows:
SECTION I. SUMMARY. This ordinance revises the boundaries of the Countywide Area ,
of Benefitby establishing 'a separate South County Regional Area of Benefit and by
readopting existing fees."
SECTION'11. REPEL. As of the effective date of this ordinance, Resolution No. 8$/122
is repealed and replaced by this ordinance.
SECTION III. .AUTHORITY. This ordinance is enacted, in part, pursuant to Government
Code Section 664$4 and Division 913, Title 9, of the Contra Costa County Ordinance Code.
SECTION`"IV. NOTICE AND HEARING. This ordinance was adopted pursuant to the
procedure set forth in Government Code Sections 54986,'65091, 66016, 66017, and 664$4
and Division 913, Title 9, of the Contra Costa County Ordinance Code, and all required
notices have been properly given and public hearing held.
SECTION V. FEE ADOPTION.. The following fees are adapted for the South County
Regional Area of Benefit to fund bridge and major thoroughfare improvements, as described
in the Revised Development Program Report, and shall be levied and collected from all
development pursuant to the above authorities.
Land Use Recommended Fee
Single Family Residential $5,276 per Dwelling Unit
Multiple Family Residential $4,216 per Dwelling Unit
The fee shall be payable as specified in Chapter 913-4 of the Contra Costa County
Ordinance Code, as modified by Government Code Section 53077.5, with the following
exception:
_1.
ORDINANCE`NO. 93-.25
Fees from new residential construction within Agricultural Preserve.or Open
Space areas in the General Plan shall be collected upon the issuance of a
building permit or` at the time specified in GovernmentCode section
53077.5(a), as applicable, and not upon recordation of a parcel map or final
subdivision map.
SECTION-VI. FEE AREA. The fee area shall include all of unincorporated area within
the South County 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 County >Regional Area of Benefit are shown in Exhibit A
attached to this ordinance`. More detailed reaps of the boundaries are on file with the
Department of Public 'Works, 255 Glacier Drive, Martinez, California.
SECTION VII. SENIOR:HOUSING, Nothing in this Ordinance shall be construed to
abridge or modify the Beard'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 VIII. PURPOSE AND LJSE OF FEES. The purpose of the fees described in
this:ordinance is to generate funds to finance improvements to certain bridges and major
thoroughfares in the South County area. The fees will be used to finance the road
improvements listed in the Revised 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 County 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,
SF.CJIQN IX SEVVEMMILITY� 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.
5 „CTIC?N X. :EFEEC
Ma PAU. 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
..2.
ORDINANCE NO. 93-25
ordinancewith the County Recorder.
SECTION XI. EXISTING FEES. The replacement of Resolution No. 88/122 shall not
affect any fees accrued thereunder prior to the effective date of this ordinance, and such
fees 'shall remain subject to payment and collection. Notwithstanding any other provision
of this ordinance, should any fee set forth in Section V be ruled invalid or unenforceable by
a court of competent'jurisdiction, the comparable fee in Resolution No. '88/122 shall be
deemed not to have been repealed and shall remain subject to payment and collection.
PASSED and ADOPTED on March 9 , 1993 by the following vote:
AYES: Supervisors Smith, Bishop, McPeak and Torlakson
NOES: None
ABSENT: Supervisor Powers
ABSTAINNone
Attest: Phil Batchelor, Clerk of
the Board of Supervisors and County
Administrator
B : l
Deputy Board Chair
N W:nw/rbt
c:ord5.t3
Attachments
-3-
ORDINANCE NO. 93-25
d
r _
s �' �r •{ Sd'{ ��f
It
ZI
l+
,,► ,: . ,100,
y�f { f r✓
70,
Yj
Y' , it
ORDINANCE NO. 93 -26
ALAMO REGIONAL AREA OF BENEFIT
(Revision of the Countywide Area of Benefit
into Separate Regional Areas of Benefit)
The Board of Supervisors of Contra Costa County ordains as follows:
SECTION I. SUMMARY. This ordinance revises the boundaries of the Countywide Area
of Benefit by establishing a separate Alamo Regional Area of Benefit and by readopting
existing fees.
SECTION II. REPEAL. As of the effective date of this ordinance, Resolution No. 88/122
is 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.
SECTION IV. NOTICE AND HEARING. This ordinance was adopted pursuant to the
procedure set forth in Government Cade Sections 54986, 65091, 65016, 66017, and 65484
and Division 913, Title 9, of the Contra Costa County Ordinance Code, and all required
notices have been properly given and public hearing held.
SECTION V. FEE ADOPTION. The following fees are adopted for the Alamo Regional
Area of Benefit to fund bridge and major thoroughfare improvements, as described in the
Revised Development Program Report, and shall be levied and collected from all
development pursuant to the above authorities.
Land Use Recommended Fee
Single Family Residential $2,201 per Dwelling Unit
Multiple Family Residential $1,762 per Dwelling Unit
Office $3.52 per Square Foot Gross Floor Area
Industrial $1.54 per Square Foot Gross Floor Area
Commercial $5.50 per Square Foot Grass Floor Area
The fee shall be payable as specified in Chapter 913-4 of the Contra Costa County
Ordinance Code, as modified by Government Code Section53077.5, with the following
exception:
ORDINANCE NO 93-26
Fees from new residential constructionwithin Agricultural Preserve or Open
Space areas in the General Plan shall be collected upon the issuance of a
building ''permit or at the time specified in Government >Code section
53077.5(x), as applicable, and not upon recordation of a parcel map or final
subdivision map.
SFCTIQN'VI. FEE AREA. The fee area shall include all of unincorporated area within
the Alamo Regional 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 Alamo Regional'Area of Benefit are shown in Exhibit A: attached
to this ordinance. More detailed maps of the boundaries are on file with the Department
of Public 'Warks, 255 Glacier Drive, Martinez, California.
SECTION`VII. SENIOR HOUSING. Nothing in this Ordinance shall he 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 VIII. PURPOSE AND USE OF FEES. The purpose of the fees described in
this ordinance is to generate funds to finance improvements to certain bridges and major
thoroughfares in the Alamo area. ;The fees will be used to finance the road improvements
listed in the Revised 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 Alamo 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.
SEC'T'ION;.IX. 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 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.
ORDINANCE°'NO. 93-26
SECTIQN XL EXIST NG FEES. The replacement of Resolution No. 88/122 shall not
affect any fees accrued thereunder prior to the effective date of this",ordinance, and such
fees shall remain subject to payment and collection. Notwithstanding any other provision
of this ordinance, should any,fee set forth in Section V be ruled invalid or unenforceable by
a court of"'competent jurisdiction,, the comparable fee in Resolution No. 88/122 shall be
deemed not to have been repealed and shall remain subject to payment and collection.
PASSED and ADOPTED on mrr-h g , 1993 by the following vote;
AYES: Supervisors Smith, Bishop, McPeak and Torlakson
NOES• None
ABSENT: Supervisor Powers
ABSTAIN: None
Attest: Phil Batchelor, Clerk of
the Board of Supervisors and County
Administrator
By; L /
Deputy tl Board Chair
NW-nw/rst
c:ord4.t3
Attachments
-3-
ORDINANCE NO. 93-26
Lli
_m
X
LU
Lij _
LL
V
C/)
LU
L.j
r `
''"
c
Lij
UJ
)J C
Q.
/
� � � Vii,. •�•
to
c
C/) ,
ORDINANCE NO. 93 - 27
BETHE. ISLAND REGIONAL AREA OF BEFIT
(Revision of the Countywide Area of Benefit
into Separate Regional Areas of Benefit
The Board of Supervisors of Contra Crista County ordains as follows:
SECTION,,i. SUMMARY. This ordinance revises the boundaries of the Countywide Area
of Benefitby establishing a separate Bethel Island Regional Area of Benefit and by
readopting existing fees.
SECTION'II. REPEAL. As of the effective date of this ordinance, Resolution No. 881122
is 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 Cosh County Ordinance Code.
SECS" iO l,IV. NOTICE AN HEARING. This ordinance was adopted pursuant to the
procedure 'set forth in Government Code Sections 54986, 65491, 66416, 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 hearing held.
SECTION V. FEE ADOPTION. The following fees are adopted for the Bethel Island
Regional Area of Benefit to fund bridge and major thoroughfare improvements,as described
in the Revised Development Program Report, and shall be levied and collected.'from all
development pursuant to the above authorities:
Land UseUse Recommended Fee
Single Family Residential $3,347 per Dwelling Unit
Multiple Family Residential $2,680 per Dwelling Unit
Office $5.36 per Square Foot Gross Floor Area
Industrial' $2.23 per Square Foot Cross Flog Area
Commercial $8.37 per Square Foot Gross Floor Area
The fee shall be payable as specified in Chapter 913-4 of the Contra 'Costa County
Ordinance'Code, as modified by Government Code Section 53477.5, with the following
exception:
.1.
ORDINANCE'NO. 93-27'
d
"�r�rrrrrN �!
f x
,p
nr
co
.+•+ "Of
1}
C' `r ' *l,.
iv
Ul
�• 4i.
a
A
.. L
Fees from new residential construction within Agricultural Preserve or Open
Space areas in the General Plan shall be collected upon the issuance of a
building permit or at the time specified in Government Code section
531177.5(a), as applicable, and not upon recordation of a,'parcel mapor final
subdivision map.
SECTION VI. FEE AREA. The fee area shall include all of unincorporated area within
the Bethel'Island 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 Bethel Island Regional Area of Benefit are :shown in Exhibit'A, `
attached to this ordinance. More detailed maps of the boundaries are on file' with the
Department of Public Works, 255 Glacier Drive, Martinez, California;
SECTION':VII. 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.
SECTIGN'VIII. PURPOSE AND USE OF FEES-. The purpose of the fees described in
this ordinance is to generate funds to finance ,improvements to certain bridges and major
thoroughfares in the Bethel Island area. The fees will be used to finance the road
improvements listed in the Revised 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 Bethel Island 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.
5F ION IX. SEVERABILM..' 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.
5ECTION X. EFFECTIU 'DATE. This ordinance shall became effective 64 days after
passage, and within 15 days: of passages 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 913-6.425 of the Contra Costa
County Ordinance Code, the Clerk of the Board shall promptly file a certified copy of this
-2
ORDINANCE NO. 93-27
ordinance with the CountyRecorder.
SECTION XI. .' EXISTING FEES. The replacement of Resolution No. 881122 shall not
affect any fees accrued thereunder prior to the effective date of this ordinance, and such
fees'shall remain subject to payment and collection. Notwithstanding any other provision
of this ordinance, should any fee set forth in Section V be ruled invalid or unenforceable by
a court of competent jurisdiction, the 'comparable fee in Resolution No. 881122 shall be
deemed not to have been repealed and shall remain subject to payment and collection.
PASSED and ADOPTED on March 9 , 1993 by the following vote:
AYES: Supervisors Smith, Bishop, McFeak and Torlakson
NOES: None
ASSENT: Supervisor Powers
ABSTAIN:None
Attest. Phil Batchelor, Clerk of
the Board' of Supervisors and County
Administrator
By: '
Deputy Board Chair
rrw.nwlrbt
cord?.t3
Attachments
-3-
ORDINANCE NO. 93-27