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Home My WebLink AboutMINUTES - 03141995 - H.1 Td BEARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: March14, 1995 SUBJECT: Adoption of an Ordinance modifying the time of collection of the Area of Benefit Fee. Project No.: 0676-6P4070 CDD-CP# 94-74 SPECIFIC REQUESTS) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION I. Recommended Action: A. FIND that the activity, adopting an Ordinance modifying the time of collection of the Area of Benefit fee from the final map stage to the issuance of the building permit, will not have a significant effect on the environment, and that it has been determined to be exempt from the California Environmental Quality Act under State CEQA Guidelines, Article 5, Section 15061 (13)(3). B. DIRECT the Director of Community Development to file a Notice of Exemption with the County Clerk. C. DIRECT the Public Works Director to arrange for payment of the $25.00 handling fee to the County Clerk for filing of the Notice of Exemption. D. DETERMINE that a majority protest does not exist. E. ADOPT attached Ordinance No. 95- , which changes the time of collection of the Area of Benefit Fee from the final map to the issuance of the building permit. if. Financial Impact: This action will have no financial impact on the County General Funds. Continued on Attachment: X SIGNATURE: _ RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE —APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ON March 14 , 19 9 5 APPROVED AS RECOMMENDED OTHER x IT IS BY THE BOARD ORDERED that the above referenced Ordinance is REFERRED to the Transportation Committee. VOTE OF SUPERVISORS X UNANIMOUS (ABSENT ) AYES: NOES: .ABSENT: ABSTAIN: AS:eh c:BO14a.t3 I hereby certify that this Is a true and correct copy of Orig. Div: Public Works(T/E) an action taken and entered on the minutes of the Contact: A. Schaal,Tel. 313-2234 Board of Supwylvors on the date shown. � cc: Auditor/Controller ATTESTED: /1'1,01. - I q. I q PHIL BA HELOR,Cie&of the Board Community Development Supervis and county Inistrator Public Works Accounting Design-V. Germany _ Decuty Treasurer/Tax Collector 13y ORDINANCE NO. 95 - (Revision of Area of Benefit Ordinances to collect fees at building permit) The Board of Supervisors of Contra Costa County ordains as follows: SECTION 1. SUMMARY. This ordinance provides for the amendment. of the existing area of benefit ordinances listed below by exempting them from Section 913- 4.202 of the Contra Costa County Ordinance Code. Fee Collection of these Areas of Benefit will be at issuance of a building permit as required by Section 913-4.204 of the Contra Costa County Ordinance Code. These revisions are necessary to fulfill the direction given by the Board of Supervisors in item T.C.1. of the April 18, 1994 Board Agenda, to delay the time of fee collection from final map to issuance of building permits for subdivisions. Area of Benefit Ordinance Number Pacheco 86-52 Oakley N. Brentwood 90-10 Richmond/EI Sobrante 91-32 Bay Point 91-59 West County Regional 93-21 Central County Regional 93-22 Lamorinda Regional 93-23 East County Regional 93-24 South County Regional 93-25 Alamo Regional 93-26 Bethel Island Regional 93-27 North Richmond 94-3 SECTION Il. AUTHORITY. This ordinance is enacted, in part, pursuant to Government Code Sections 66484 and Division 913, Title 9, of the Contra Costa County Ordinance Code. SECTION 111. NOTICE AND HEARING. This ordinance was adopted pursuant to the procedure set forth in Government Code Sections 54986, 65091, 66016, 66017(a) 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. -1- ORDINANCE NO. 95 - SECTION IV. FEE ADOPTION. The fees contained in each area of benefit ordinance shall remain the same and shall be levied and collected pursuant to the above authorities. The fees shall be payable as specified in Section 913-4.204 of the Contra Costa County Ordinance Code. SECTION V. 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 VI. EFFECTIVE DATE. This ordinance shall become effective 60 days after passage, and within 15 days of passage, this ordinance shall be published once, with the names of the Supervisors voting for and against it, in the Brentwood News, Antioch Ledger and the Contra Costa Times, all newspapers 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. PASSED and ADOPTED on , 1995 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Board Chair ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: Deputy -2- ORDINANCE NO. 95 - Form 1024.1B DETERIVIINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO. 0676-6P4070 CP NO. 7 ACTIVITY NAME: Adopt Area of Benefit(AOB) Fee Collection Ordinance DATE: December 12 1994 PREPARED BY: Janet Frattini This activity is not subject to the California Environmental Quality Act (CEQA)_pursuant to Article 5, Section 15061(b)(3) of the CEQA Guidelines. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. DESCRIPTION OF THE ACTIVITY: The activity consists only of adopting an ordinance to change the time of collection of the AOB Fee for residential development from the final map stage to the issuance of the building permit. Fee amounts will remain the same. All existing AOB ordinances, except the Eastern Contra Costa Sub Regional Transportation Mitigation Fee, will be modified to reflect this change. LOCATION: Affected AOB's include portions of:Alamo,Bay Point,Bethel Island, Central County, Crow Canyon Road, Discovery Bay, East County, Lamorinda, North Richmond, Oakley/No. Brentwood, Pacheco, Richmond/El Sobrante, South County, and West County (Figure 1). REVIEWED BY: DATE: 1,2-/7- 1p '-'Vickie Germany, Environmental Planner APPROVED BY: DATE: Community Development Representative c\determiMaobfees.det (form revised 5/27/93) � t-�'�`� It � Y .-• � .� AN A_� ,100 tot -' � 1 � •,, �' _ ,�+ � — � , / � y- �- � iso ... 44fir: tt ��. o Cb o l'l O h /��/'� �• `� f'. a�4 A a { i • t�±f` O v� NN lis ` t •ll tii i fa It � ; : tit �-. \d{� ,=. • ',,;• Q_., ��•_.�� •r ',� ..�" -y � 16 km YA 41 ='d'• � �4444 '*� k:r• in �• i �L��/[�{• ti� 3 CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor - North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (510) 313-2296 Contact Person: Vickie Germany - Public Works Degtt. Project Description, Common Name (if any) and Location: ADOPT AREA OF BENEFIT FEE COLLECTION ORDINANCE County File #CP 94-74: The activity consists only of adopting an ordinance to change the time of collection of the Area of Benefit (AOB) Fee for residential development from the final map stage to the issuance of the building permit. Fee amounts will remain the same. All existing AOB ordinances, except the Eastern Contra Costa Sub Regional Transportation Mitigation Fee, will be modified to reflect this change. Project Location: Affected AOB's include portions of: Alamo, say Point, Bethel Island, Central County, Crow Canyon Road, Discovery Bay, East County, Lamorinda, North Richmond, Oakley/ North Brentwood, Pacheco, Richmond/El Sobrante, South County, and West County. This project is exempt from CEGA as a: Ministerial Project (Sec. 15268) Other Statutory Exemption, Section_ Declared Emergency (Sec. 15269(a)) V General Rule of Applicability(Section 15061(b)(3)) Emergency Project (Sec. 15269(b) or (c)) Categorical Exemption, Class Section for the following reason(s): It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County Public Works Department 255 Glacier Drive Department of Fish and Game Fee - Exempt Martinez, CA 94553 Attn: Janet Frattini County Clerk Fee $25 Due Receipt #