HomeMy WebLinkAbout095-86 BEFORE THE CITY COUNCIL OF THE CITY OF DANVILT~
In the Matter of: )
)
An Ordinance Adding Chapter 43, ) ORDINANCE NO. 95
Residential Transportation )
Improvement Program Fee, For )
Circulation Improvements To Be )
Charged for Residential Development )
in Danville )
)
The City Council of the City of Danville DOES ORDAIN as
follows:
SECTION 1. A new Chapter 43 is added to Title 8 (Planning and
Land Use) of the Danville Municipal Code to read as follows:
"CHAPTER 43
RESIDENTIAL TRANSPORTATION IMPROVEMENT PROGRAM FEE
Section 8-4301 Intent and Purpose
Section 8-4302 Fee Requirement
Section 8-4303 Time of Payment
Section 8-4304 Credit
Section 8-4305 Appeal
Section 8-4301. Intent and PutDose.
The City Council of the City of Danville declares that:
(1) Improvements to the circulation system are needed to
promote the health, safety and general welfare of the citizens
of Danville. (The need for improvements is documented in the
"County Public Works Department Road Deficiency Study, 1968",
the "Transportation and Parking Analysis, October 1984" prepared
by JHK and Associates, and the Danville General Plan.)
(2) New development within the entire City will create an
additional burden on the existing circulation systems.
(3) The General Plan includes goals and objectives relating
to minimizing congestion and maximizing safety in the
circulation system. Modifications are needed to mitigate
existing and potential future circulation impacts.
PAGE 1 ORDINANCE NO. 95
(4) In order to implement the General Plan, and promote the
health, safety and general welfare it is necessary (among other
implementation methods) that new development pay a fee to
compensate for the additional burden it places on existing
circulation systems.
(5) Fees collected will be used throughout the City area
based upon a priority ranking determined by the City Council.
The projects selected as priorities may not necessarily provide
a direct benefit to a development making a contribution.
(6) This ordinance is adopted under the police power of the
City, Article XI, Section 7 of the California Constitution, and
under the appropriate provisions of the Planning and Zoning Law
of the State of California, Government Code sections 65000 et
seq.
Section 8-4302. Fee Requirement.
A person who applies for a permit for the erection or
construction of a new residential unit shall pay to the City a
residential transportation improvement program fee for
circulation improvements in an amount to be determined by
resolution of the City Council.
Section 8-4303. Time of Payment.
The transportation improvement program fee shall be paid to
the City of Danville before issuance of a building permit.
Section 8-4304. Credit.
The City Council may approve, or designate the Director of
Development Services to approve, full or partial credit against
the residential transportation improvement program fee for a
person who:
(1) has made substantial off-site, traffic- or
parking-related improvements in connection with a development
project approved within the three years before the effective
date of this chapter; or
(2) makes substantial off-site traffic- or parking-related
improvements in connection with the current development
project. To qualify for credit under this subsection, the
PAGE 2 ORDINANCE NO. 95
dedication or improvement must exceed that required for similar
development projects.
Section 8-4305. Appeal.
A decision by the Director of Development Services regarding
a residential transportation improvement program fee imposed
under this chapter may be appealed in accordance with the appeal
provisions of Chapter 26-2 of the Ordinance Code of Contra Costa
County, adopted by the City by reference."
SECTION 2. Effective Date.
Under Government Code section 65962(b), this ordinance
becomes effective sixty (60) days after adoption.
SECTION 3. Publication.
The City Clerk shall either a) have this ordinance published
once within 15 days after adoption in a newspaper of general
circulation or b) have a summary of this ordinance published
twice in a newspaper of general circulation, once five days
before its adoption and again within 15 days after adoption.
The foregoing ordinance was introduced at a meeting of the
City Council of the City of Danville held on August 4
1986, and approved and ordered published at a meeting of the
City Council of the City of Danville held on August 18
1986, by the following vote:
AYES: Lane, Mcr~eely~ ~.~ fe~artz, Sch]end~rf
NOES: None
ABSENT: ~nnett
MAYOR
ATTEST:
PAGE 3 ORDINANCE NO. 95