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HomeMy WebLinkAboutMINUTES - 03091993 - H.1 WHEN RECORDED RETURN TO CLERK, I BOARD OF SUPERVISORS TO: BOARD OF SUPERVISORS ' FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: March 9, 1993 SUBJECT: Revision of the Countywide Area of Benefit to Modify the Existing Boundaries to Create Separate Regional Areas of Benefit RESOLUTION NO. 93/lo4 SPECIFIC REQUEST(S) OR RECOMMENDATION(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 readopt the fee schedules specific to the respective regional areas of benefit. � n - Continued on Attachment: X SIGNATURE: w" ' _ RECOMMENDATION OF COUNTY ADMINISTRATOR NJ _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON March 9, 1993 APPROVED AS RECOMMENDED x _ OTHER _ VOTE OF SUPERVISORS UNANIMOUS (ABSENT L ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the NW:fp:eh Board of Supervisors on the date shown. c:BO9.t3 ATTESTED: �� , z 9 L3 _ PHIL BATCHELOR,Clerk of tho Board of Supervisors and County Administrator Orig. Div: Public Works (T/E) .� 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 Benefit to Modify the Existing Boundaries to Create Separate Regional Areas of Benefit March 9, 1993 Page 2 I. 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 said trust 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 Code. 11. 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. III. Reasons for Recommendations and Background: The Countywide Area of Benefit is being revised to modify the existing boundaries only. The project list, estimated project costs, cost 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 map 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 Board 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 Recommendations and Back round: (Cont.) subareas. The seven regions are called West County, Central County, Lamorinda, 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, 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 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: ORDINANCE NO. 93- 21 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(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 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. 9-3-21 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 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 ABSTAIN: None Attest: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: iN Deputy Board Chair J NW:nwirbt c:Ordl.t3 Attachments -J- ORDINANCE NO. 93-21 i I '� L< L1J ( r: Z J '' i I x W W z A W LU /J(rl •+b W LUf (L l o o c) 3I, � f �.1 • .� V rf I� .01 +CCAs • P - �QMy \ St ��1 O f m LU cc 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 IIl. 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 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(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 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 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 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 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 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. 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: Supervisors Powers ABSTAIN:None Attest: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator B J � /` K AW Y Deputy Board Chair V NW:nw/rbt c:Ord2.t3 Attachments -J- ORDINANCE NO. 93- 22 ii\ l Y 4 1 / t ♦ �, tr � .niti 7\ r 53 O `%1 . � :� ��i�.•'lam,,..• �n CD ;If ;� 0 .,r � f' 1.� C 1."� �� /•�Z, T 7e- f a f sl iM P � � `► ., 1' "mow,! �: ]� yoy $ ice' m \ � W_ 71 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 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- 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 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 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. 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 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. 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 ORDINANCE NO. 93- 1 1 i 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 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 By: Deputy J Board Chair IJ NW:nw/rbt c:Ord3.t3 Attachments -J- ORDINANCE NO. 93- 23 eA VV cr� ORDINANCE NO. 93 - 24 EAST 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 East 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, 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: -1- ORDINANCE NO. 93-24 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(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 ORDINANCE NO. 93-24 i 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 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 ABSTAIN: None Attest: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator Deputy J Board Chair Nw:nw•/rbt c:Ord6.t3 Attachments -3- ORDINANCE NO. 93,24 CID 00010 CD IT ORDINANCE NO. 93 -25 SOUTH 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 r of Benefit by establishing a separate South 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, 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 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 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 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 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 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. 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 County Ordinance Code, the Clerk of the Board shall promptly file a certified copy of this ORDINANCE NO. 93-25 ordinance with the County Recorder. SECTION XI. EXISTING FEES. The replacement of Resolution No. 88/122 shall not affect anv 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 By: / J Deputy Board Chair NW:nw/rbt c:Ord5.t3 Attachments -3- ORDINANCE NO. 93-25 G m Z �t � d ! St rk it ell ' r , "q .�. _ r„ �►� tt tea, ,�1 a 1 A JP •v' OBJ t � 4 ��t � N 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 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 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 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. 93-26 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(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 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 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 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. 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 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 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 Mnrr•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: ` Ion Deputy U Board Chair N W:nw/rbt c:Orda.t3 Attachments -3- ORDINANCE NO. 93-26 4 J6- VQ 7Z- rj ORDINANCE NO. 93 - 27 BETHEL ISLAND 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 Bethel Island 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 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 Use 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 Gross Floor 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 53077.5, with the following exception: -1- ORDINANCE NO. 93-27 d S f! 1 � Y _ v ./� 4� —" •�_ Eta V. y J -41 •� tcrA cr � f 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(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 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. 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 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. 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 County Ordinance Code, the Clerk of the Board shall promptly file a certified copy of this ORDINANCE NO. 93-27 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 NOES: None ABSENT: Supervisor Powers ABSTAIN:None Attest: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator Bv: Deputy Board Chair NW:nw/rbt c:Ord7.t3 Attachments -3- ORDINANCE NO. 93-27