HomeMy WebLinkAbout2009-07
ORDINANCE NO. 2009-07
REPEALING SECTION 3-9 OF THE DANVILLE MUNICIPAL CODE AND
ADDING A NEW SECTION 32-104 TO THE DANVILLE MUNICIPAL CODE
SETTING TRI-V ALLEY TRANSPORTATION DEVELOPMENT FEES
The Danville Town Council does ordain as follows:
SECTION 1.
REPEALING THE EXISTING SECTION 3.9 OF THE DANVILLE
MUNICIPAL CODE.
Section 3-9 of the Danville Municipal Code is repealed in its entirety.
SECTION 2.
ADDING NEW SECTION 32-104 TO THE DANVILLE
MUNICIPAL CODE.
Section 32-104 is hereby added to the Danville Municipal Code to read as follows:
ARTICLE X
TRANSPORTATION IMPROVEMENT PROGRAM FEE
DIVISION THREE REGIONAL TRANSPORTATION FEES
SECTION 32-104. TRI- VALLEY TRANSPORTATION DEVELOPMENT FEES.
32-104.1
Purpose and Use of Fees.
The purpose of the fees described in this Section is to generate funds to finance
improvements to regional transportation projects which are designed to help mitigate
the regional impacts of forecasted 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 (JEP A). As discussed in more detail in the JEP A, 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.
32-104.2
Fee Area.
The fees authorized by this Section shall apply to all new development throughout the
Town of Danville.
32-104.3
Fees Adopted.
The following fees to fund road improvements are adopted for the TVTD Fee 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 TVTD Fee Rate
Single Family Residential: $2,1811 unit
Multi-Family Residential: $1,3871 unit
Office: $3.911 square foot of gross floor area
Retail: $1.461 square foot of gross floor area
Industrial: $2.651 square foot of gross floor area
Other: $2,1811 average a.m.j p.m. peak hour trip
Affordable Housing $0
32-104.4
Time for Payment of Fees.
Except as otherwise provided below, the fees authorized by this Section shall be
collected prior to the issuance of building permits, to the extent permitted by law. At
the sole discretion of the Town, fees may be collected after building permit issuance
pursuant to Government Code Section 66007, provided that the Party and the applicant
enter into an agreement regarding payment of the fees. The agreement shall outline the
schedule for payment of fees and shall provide for escalation of the amount owed based
on the increase in the Engineering News-Record Construction Cost Index for the San
Francisco Bay Area from the date of building permit issuance to the date of payment of
the fees.
32-104.5
Annual Fee Adjustment Process.
Project cost estimates shall be reviewed annually. The fee schedule set forth ill
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Subsection 32-104.3 above shall be adjusted annually on March 1 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 3. CODIFICATION.
Section 2 of this ordinance shall be codified in the Danville Municipal Code.
SECTION 4. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of
the ordinance. The Danville Town Council hereby declares that they would have
adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof,
irrespective of the fact that one or more sections, subsections, sentences, clauses or
phrases was declared invalid.
SECTION 5. PUBLICATION AND EFFECTIVE DATE.
The City Clerk shall have a summary of this Ordinance published twice in a newspaper
of general circulation, once within five (5) days before its adoption and once within 15
(fifteen) days after its adoption.
The foregoing Ordinance was introduced on October 6, 2009 and approved and
adopted by the Danville Town Council at a regular meeting held on October 20, 2009,
by the following vote:
AYES: Arnerich, Doyle, Andersen, Stepper, Storer
NOES: None
ABSTAIN: None
ABSENT: None
AfPJ{OVED AS TO FORM:
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CITY ATTORNEY
PAGE 3 OF ORDINANCE NO. 2009-07
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. 2009-07 of said Town and that said
ordinance was published according to law.
Dated:
City Clerk of the
Town of Danville
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