HomeMy WebLinkAbout98-08ORDINANCE NO. 98-08
ADOPTING THE TRI-VALLEY TRANSPORTATION DEVELOPMENT FEES FOR
TRAFFIC MITIGATION
The Danville Town Council ordains as follows:
SECTION 1. SUMMARY. This ordinance provides for the formation of the Tri-Valley
Transportation Development Fee (TVTDF) Area and the adoption of fees to be collected from
developments proposed within the Town of Danville, to fund transportation projects.
SECTION 2. AUTHORITY. This ordinance is enacted, in part, pursuant to Government Code
Section 66484.
SECTION 3. NOTICE AND HEARING. This ordinance was adopted pursuant to the
procedure set forth in Govemment Code Sections 54986, 65091, 66016, 66017, and 66484, and
all required notices have been properly given and public hearings held.
SECTION 4. FEE ADOPTION. The following revised fees to fund road improvements are
adopted for the TVTDF Area as established by the Joint Exercise of Powers Agreement
Pertaining to Tri-Valley Transportation Development Fees for Traffic Mitigation and shall apply
to all development as shown in the table below. Fees shall be collected when building permits
are issued.
Land Use
Recommended Fee
Single Family Residential:
Multi-Family Residential:
Office:
Retail:
Industrial:
Other:
$1,500 per dwelling unit
$1,050 per dwelling unit
$1.00 per square foot of gross floor area
$1.00 per square foot of gross floor area
$ 0.75 per square foot of gross floor area
$1,500 per peak hour trip
SECTION 5. FEE AREA. The revised fees described in this ordinance shall apply to all new
development within the Town of Danville,
SECTION 6. SENIOR HOUSING. Nothing in this ordinance shall be construed to abridge
or to modify the Town Council'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 in this ordinance.
SECTION 7. PURPOSE AND USE OF FEES. The purpose of the fees described in this
ordinance is to generate funds to finance improvements to regional transportation projects which
are designed to help mitigate the regional impacts of forecast development within the Tri-Valley
Development Area. The fees will be used to finance the road improvements listed in the Joint
Exercise of Powers Agreement Pertaining to Tri-Valley Transportation Development Fees for
Traffic Mitigation (JEPA). As discussed in more detail in the JEPA, 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 regional transportation
facilities in the Tri-Valley area thus creating a need to expand or improve existing facilities to
mitigate adverse traffic and infrastructure impacts that would otherwise result from such
development projects.
SECTION 8. 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 9. REVIEW OF FEES. Project cost estimates shall be reviewed every year that this
ordinance is in effect. The fee schedule shall be adjusted annually on March I to account for
inflation using the Engineering News Record Construction Cost Index for the San Francisco Bay
Area for the period ending December 31 of the preceding calendar year. Such adjustment shall
not require further notice or public hearing.
SECTION 10. EFFECTIVE DATE. This ordinance shall become effective 60 days after
passage.
SECTION 11. CODIFICATION. Sections 1 through 9 of this ordinance, inclusive, shall be
codified 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.
PAGE 2 OF RESOLUTION NO. 98-08
The foregoing ordinance was first read and introduced on June 16, 1998 and approved and
adopted by the Danville Town Council at a regular meeting held on July 7, 1998 by the following
vote:
AYES: Waldo,
NOES: None
ABSTAIN: None
ABSENT: None
Arnerich, Doyle,
,AI~PROVED AS TO FORM:
CITY ATTORNEY ~
Greenberg, Shimansky
MAYOR
CITY CLERK
CLERK'S CERTIFICATE
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a true
and accurate copy of Ordinance No. 98-08 of said Town and that said ordinance was published
according to law.
Dated:
City Clerk of the
Town of Danville
PAGE 3 OF RESOLUTION NO. 98-08