HomeMy WebLinkAboutORDINANCES - 06271995 - 95-32 Ordinance No. 95 - 32
Central County Area of Benefit
The Board of Supervisors of Contra Costa County ordains as follows:
SECTION I. SUMMARY. This ordinance provides for the formation of the Central County Area of
Benefit, and the adoption of fees to be collected from developments proposed in the Central County Area
of Benefit located in unincorporated Contra Costa County to fund road improvements.
SECTION II. REPLACEMENT. Within the new area of benefit, Ordinance No. 93-21, Ordinance 93-22,
Ordinance 93-23 and Ordinance 93-24 shall be repealed and replaced by this ordinance.
SECTION III. AUTHORITY. This ordinance is enacted, in part, pursuant to Government Code Section
66484 and Division 913, Title 9, of the Contra Costa County Ordinance Code.
SECTION III. NOTICE AND HEARING. This ordinance was adopted pursuant to the procedure set forth
in Government Code Sections 54986, 65091, 66016, 66017 and 66484, and Division 913, Title 9, of the
Contra Costa County Ordinance Code, and all required notices have been properly given and public
hearings held.
SECTION IV. FEE ADOPTION. The following fees to fund road improvements are adopted for the
Central County Area of Benefit, as established by Resolution 95/ 273 dated June 13, 1995 and shall
apply to all development within the Fee Area:
Central County Area of Benefit:
Land Use Recommended Fee
Single Family Residential $2,972 per Dwelling Unit
Multiple Family Residential $2,641 per Dwelling Unit
Commercial $5.67 per Square Foot Gross Floor Area
Office $4.82 per Square Foot Gross Floor Area
Industrial $2.08 per Square Foot Gross Floor Area
Other $2,972 per peak hour trip
Fees shall be collected when building permits are issued in accordance with Section 913-4.204 of Title
9 (Subdivisions) of the Contra Costa County Ordinance Code.
SECTION V. FEE AREA. The Fee Area shall include all of the unincorporated area within the Central
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
2. Areas in the Pacheco Area of Benefit
3. Areas in the Pleasant Hill BART Station Specific Plan Area
4. Areas in the Bates Avenue Assessment District
The boundaries of the Central County Area of Benefit as established by Resolution No. 95/ 273
adopted June 13, 1995 are described in Exhibit A attached to this ordinance.
SECTION VI. SENIOR HOUSING. Nothing in this Ordinance shall be construed to abridge or modify
the Board's discretion, upon proper application for senior housing or congregate care facilities pursuant
to Government Code Section 65915, to adjust or to waive the fees provided for this ordinance.
SECTION VII. 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 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. These development projects will
generate additional traffic on bridges and major thoroughfares in the Central County area, 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
result from such development projects.
SECTION VIII. SEVERABILITY. If any fee or provision of this ordinance is held invalid or unenforceable
by a court of competent jurisdiction, that holding shall not affect the validity or enforceability of the
remaining fees or provisions, and the Board declares that each part of this ordinance is valid, in and of
itself, irrespective of the validity of any other part.
SECTION IX. REVIEW OF FEES. Project cost estimates shall be reviewed periodically while the Central
County Area of Benefit is in effect. The fee schedule shall be adjusted annually to account for inflation
using the State of California Construction Cost Index as published annually by the California Department
of Transportation. At no time will the fee schedule be increased at a rate of more that 5% per year due
to inflation.
SECTION X. EFFECTIVE DATE. This ordinance shall become effective 60 days after passage, and
within 15 days of passage, shall be published once with the names of the Supervisors voting for and
against it in the Contra Costa Times, a newspaper of general circulation published in this County.
Pursuant to Section 913-6.026 of the Contra Costa County Ordinance Code, the Clerk of the Board shall
promptly file a certified copy of this ordinance with the County Recorder.
SECTION XI. EXISTING FEE. The replacement of Ordinances No. 93-21, 93-22, 93-23, and 93-24 shall
not affect fees accrued thereunder prior to the effective date of this ordinance, and such fees shall
remain subject to payment and collection.
PASSED and ADOPTED on June 13, 1995 by the following vote:
AYES: Supervisors Smith, Torlakson, Bishop
NOES: None
ABSENT: Supervisors Rogers, DeSaulnier
ABSTAIN: None
Attest: Phil Batchelor, Clerk
of the Board of Supervisors
and County Administrator
By:
Deputy Board hair
HB/ds
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Attachments