HomeMy WebLinkAbout2015-02ORDINANCE NO. 2015-02
AMENDING SECTION 32-104 OF THE DANVILLE MUNICIPAL CODE
ESTABLISHING TRI -VALLEY TRANSPORTATION DEVELOPMENT FEES
The Danville Town Council does ordain as follows:
SECTION 1. AMENDING THE EXISTING SECTION 32-104.1 OF THE DANVILLE
MUNICIPAL CODE.
The existing Section 32-104.1 of the Danville Municipal Code is hereby amended to read
as follows:
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 Establishing the Tri -Valley Transportation Council for Planning and Facilitating
the Implementation of Transportation Improvement Projects in the Tri -Valley
Transportation Area (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 2. AMENDING THE EXISTING SECTION 32-104.3 OF THE DANVILLE
MUNICIPAL CODE.
The existing Section 32-104.3 of the Danville Municipal Code is hereby amended to read
as follows:
32-104.3 Fees Adopted.
The amount of the fee shall be as set forth by Resolution of the Town Council, and as
established by the TVTC JEPA.
SECTION 3. AMENDING THE EXISTING SECTION 32-104.4 OF THE DANVILLE
MUNICIPAL CODE.
The existing Section 32-104.4 of the Danville Municipal Code is hereby amended to read
as follows:
32-104.4 Payment of Fees.
a) Project developers shall be required to pay the fees prior to issuance of building
permits for the project, or no later than occupancy, and to the extent permitted by
law; and
b) The fees shall be levied on all development projects not exempt from payment of the
fee; and
c) The fees shall apply on all significant changes to existing development agreements
adopted after the execution of this Agreement. The fee shall be applied to all
components of a project that are subject to an amended or renewed development
agreement. As used herein, significant means any of the following: (a) change in
land use type (e.g., office to retail); (b) intensification of land use types (e.g.,
increases in square footage of approved office); (c) extension of term of development
agreements; and (d) reduction or removal of project mitigation requirements or
conditions of approval.
SECTION 4. AMENDING THE EXISTING SECTION 32-104.5 OF THE DANVILLE
MUNICIPAL CODE.
The existing Section 32-104.5 of the Danville Municipal Code is hereby amended to read as
follows:
32-104.5 Annual Fee Adjustment Process.
The fees set forth by Resolution of the Town Council pursuant to Section 32-104.3 of the
Danville Municipal Code 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 5. CODIFICATION. Sections 1-4 of this Ordinance shall be codified in the
Danville Municipal Code.
SECTION 6. 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 fifteen (15) days after adoption.
This Ordinance shall become effective 30 days after adoption.
SECTION 7. 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.
PAGE 2 OF ORDINANCE NO. 2015-02
The foregoing Ordinance was introduced on May 5, 2015 and approved and adopted by
the Danville Town Council at a regular meeting held on May 19, 2015, by the following
vote:
AYES: Doyle, Arnerich, Morgan, Storer
NOES: None
ABSTAINED: None
ABSENT: Stepper
AP;:17VED AS TO FORM:
CITY ATTORNEY
A OR
ATTEST:
CITY CLERK
PAGE 3 OF ORDINANCE NO. 2015-02
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. 2015-02 of said Town and that said
Ordinance was published according to law. X11
Dated: — q:�� 15-
City Clerk he Town of Danville
PAGE 4 OF ORDINANCE NO. 2015-02