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Home My WebLink About98-06ORDINANCE NO. 98-06 REPEALING AND AMENDING PROVISIONS OF THE DANVILLE MUNICIPAL CODE RELATING TO THE METHOD OF ESTABLISHING USER AND COST RECOVERY FEES The Danville Town Council does ordain as follows: SECTION 1. REPEALING SECTIONS 3-20, 13-5.2, 13-5.3, 13-5.4, 13-5.5, 13-5.6, 13-5.7, 30- 1.2(c), 30-2.3, 30-9.2, 30-9.3 AND 30-9.4 OF THE DANVILLE MUNICIPAL CODE. Sections 3-20, 13-5.2, 13-5.3, 13-5.4, 13-5.5, 13-5.6, 13-5.7, 30-1.2(c), 30-2.3, 30-9.2, 30-9.3 and 30-9.4 of the Danville Municipal Code, relating to user and cost recovery fees, are hereby repealed in their entirety. SECTION 2. AMENDING SECTION 8-28.5(d) OF THE DANVILLE MUNICIPAL CODE. Section 8-28.5(d) of the Danville Municipal Code is hereby amended to read as follows: 8-28.5 Resident Parking Permits d. Fee. The fee for a permit shall be as established by resolution of the Town Council° SECTION 3. AMENDING SECTION 13-5.1 OF THE DANVILLE MUNICIPAL CODE. Section 13-5.1 of the Danville Municipal Code is hereby amended to read as follows: 13-5.1 Fees. Fees for the rental or use of Town owned, operated or controlled parks and community facilities shall be as established by resolution of the Town Council. The fee schedule established by the Town Council may contain different rates for Town sponsored or co-sponsored events, for commercial or private activities, for activities or non-profit organizations and for residents and non-residents. The Community Services Director shall have the discretion to determine the appropriate fee to be charged for specific activities and may waive fees in special circumstances. In the case of Hap Magee Ranch Park, such discretion should be exercised with the concurrence of the Joint Planning and Operations Committee Chairperson. Should the Director and the Chairperson not concur, the issue shall be presented to the Joint Planning and Operations Committee for its consideration. SECTION 4. AMENDING SECTION 15-3.14 OF THE DANVILLE MUNICIPAL CODE. Section 15-3.14 of the Danville Municipal Code is hereby amended to read as follows: 15-3.14 Fees. Every person required by this Chapter to obtain a permit, shall pay to the County Health Officer any fees required by the County for such permit. SECTION 5. AMENDING SECTION 30-7.3 OF THE DANVILLE MUNICIPAL CODE. Section 30-7.3 of the Danville Municipal Code is hereby amended to read as follows: 30-7.3 Appeal; Notice. An appeal meeting the criteria specified in Section 30-7.2 must be filed within 10 calendar days after the date of the decision which is being appealed° In order to be accepted as a valid appeal, the appellant must submit a written notice of appeal, specifying the grounds for appeal, as well as the appeal fee, which shall be established by resolution of the Town Council° SECTION 6. AMENDING SECTION 30-9.1 OF THE DANVILLE MUNICIPAL CODE. Section 30-9.1 of the Danville Municipal Code is hereby amended to read as follows: 30.9.1 Payment of Fees Required. Each person who applies for a land use permit, variance or any other development entitlement or permit, shall at the time of application pay the applicable fee as established by resolution of the Town Council. SECTION 7. AMENDING SECTION 31-9.11 OF THE DANVILLE MUNICIPAL CODE. Section 31-9.11 of the Danville Municipal Code is hereby amended to read as follows: 31-9.11 Appeal; Procedure; Fee. Any person who wishes to appeal the action of the advisory agency with respect to the tentative map or the improvements required as a condition of the tentative map, may appeal the decision. The procedure for any such appeal shall be as provided for in Sections 30-7.2 and 30-7.3 of this Code. The fee for any such appeal shall be as established by resolution of the Town Council. SECTION 8. AMENDING SECTION 32-45.30f OF THE DANVILLE MUNICIPAL CODE. Section 32-45.30f of the Danville Municipal Code is hereby amended to read as follows: 32-45.30 General Requirements for On-Site Parking. In Lieu Fees. In Lieu Parking Fees shall be set at $0 until May 1, 1999. Beginning on May 1, 1999, In Lieu Parking Fees shall be $3,500/gpaee for retail uses and $7,000 PAGE 2 OF ORDINANCE NO. 98-06 for all other uses. The total amount of In Lieu Parking Fees will be based on the number of parking spaces required for the Downtown Business District, Chapter 32- 45 of this Code, In calculating the In Lieu Parking Fee, if a credit to the property owner for Assessment District 73/74 (the Clocktower Lot) is applicable, the credit shall not exceed the amount owed to the Town by way of the new project. Any In Lieu Parking Fees due to the Town shall be paid as a condition of the issuance of(l) a land use entitlement or (2) a building permit, whichever occurs first. Upon request from the person responsible for paying the In Lieu Parking Fee, the Town Manager may provide for the collection of the fee over a specified period of time upon execution of a promissory note in a form approved by the City Attomey. SECTION 9. AMENDING SECTION 32-140.3 OF THE DANVILLE MUNICIPAL CODE. Section 32-140.3 of the Danville Municipal Code is hereby amended to read as follows: 32-140.3 Fee Amount. The amount of the fee shall be as established by resolution of the Town Council. SECTION 10. SEVERABILITY. The Town Council hereby declares that every section, paragraph, clause and phrase of this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases° SECTION 11. CODIFICATION. Sections 1 through 9 of this ordinance, inclusive, shall be codi~ed in the Danville Municipal Code. SECTION 12. PUBLICATION. The City Clerk shall either (a) have this ordinance published once within 15 (fifteen) 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 (fifteen) days after adoption. The effective date of this ordinance shall be July 7, 1998. PAGE 3 OF ORDINANCE NO. 98-06 The foregoing Ordinance was introduced on May 19, 1998 and approved and adopted by the Danville Town Council at a regular meeting held on June 3, 1998, by the following vote: AYES: Waldo, NOES: None ABSTAIN: None ABSENT: None Arnerich, Doyle, Greenberg, Shimansky MAYOR APPROVED AS TO FORM: · &L,__~-~--,~ CITY ATTORNEY ATTEST: CITY CLERK CLERK'S CERTIFICATE I, Made Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a true and accurate copy of Ordinance No. 98-06 of said Town and that said ordinance was published according to law. Dated: City Clerk of the Town of Danville PAGE 4 OF ORDINANCE NO. 98-06