The URL can be used to link to this page

Home My WebLink AboutORDINANCES - 03091993 - 93-27 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 As of the effective date of this ordinance, Resolution No. 88/122 is repealed and replaced by this ordinance.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 co • LO F� LU ^ c LuLu LU 0 6 in L t � i _ J d w � Lr F 4 1 F M ,4 . �� J IQ a 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 -2- ORDINANCE NO. 93-27 4 r I � 1 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 1 Bv: r Deputy ,J Board Chair NW:nw/rbt c:Ord7.t3 Attachments -3- ORDINANCE NO. 93-27