HomeMy WebLinkAboutMINUTES - 07261994 - H.6 r"\
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TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: July 2 6, 1994
SUBJECT: Revision of the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee
Project No.: 0676-6P4057, CP# 9403
RESOLUTION No. 94/386
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION
I. Recommended Action:
A. It is recommended that the Board take the following actions:
1. ADOPT and APPROVE the Revised Development Program Report pertaining to the
Eastern Contra Costa Sub-Regional Transportation Mitigation Fee.
2. DETERMINE that a majority protest does not exist.
3. INCORPORATE in this resolution by reference the boundaries, costs, and method
of fee apportionment set forth in the attached Revised Development Program
Report and the attached ordinances.
4. DIRECT the Director of Public Works and Auditor/Controller to continue the trust
fund for the Eastern Contra Costa Sub-Regional Transportation mitigation Fee and
that the Treasurer shall continue to invest said monies with interest to accrue in the
trust fund account.
5. DIRECT the Public Works Department and Department of Community Development
to review the fee schedule every January 1 the Eastern Contra Costa Sub-Regional
Transportation mitigation Fee is in effect, and to adjust for the effects of inflation
as described in the attached ordinance. The adjustment for inflation is not subject
to CEQA.
Continued on Attachment: X SIGNATURE:
_ RECOMMENDATION OF COUNTY ADMINISTRATOR
_ RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON July 26, 1994 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
X UNANIMOUS (ABSENT I )
AYES: NOES:
ABSENT: ABSTAIN: I hereby certify thatthis is a tnieand ttbrrect cApyof
an action taken and entered on the minutes of the
RT:eh Board of Supervisors an the date shown.
ATTESTED:_..T-1-2A 1Q()4
g:transeng\rob\B026.t7 MIL BATCHELOR,clerk of the Board
Of Supervisors andCo my Administrator
3rig. Div: Public Works (TE)
ntact: Rob Tavenier, Tel. 313-2256 Br ,Dep°:y
cc: See Page 3
RESOLUTION NO. 94/386
�c2
Revision of the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee
July 26, 1994
Page 2
I. Recommended Action: (Cont.)
6. DIRECT the Director of Community Development to monitor future amendments to
the currently adopted General Plan and their impact on traffic within the Eastern
Contra Costa Sub-Regional Transportation Mitigation Fee area, and to report those
amendments to the Public Works Director as necessary to facilitate updating of the
Eastern Contra Costa Sub-Regional Transportation Mitigation Fee, and to make
recommendations to the Board.
7. DIRECT the Public Works Department and Department of Community Development
to comply with CEQA on development applications and road projects to be
constructed pursuant to the Development Program Report for the Eastern Contra
Costa Sub-Regional Transportation Mitigation Fee.
8. RESOLVE that it is the intention of the Board that the caps and limits set forth in
Attachment 2 to the East Contra Costa Regional Fee and Financing Authority Joint
Exercise of Powers Agreement not be exceeded by funds from the developer fees.
9. RESOLVE that it is the intention of the Board that the Agency aggressively pursue
outside funding sources, such as federal and state monies, to finance the roadway
improvements to the maximum extent possible.
10. RESOLVE that it is the intention of the Board that this program be the sole fee
program for addressing regional traffic improvements in the East County area.
B. It is recommended that the Board ADOPT the attached ordinances, which revises the
Eastern Contra Costa Sub-Regional Transportation Mitigation Fee, and ordain the
following:
Traffic Mitigation Fees (Ordinance No. 94 - 54 )
1. Adopt traffic mitigation fees, as recommended in the Development Program Report.
2. Adjust the fee schedule every January 1 that the Area of Benefit is in effect, to
account for the affects of inflation.
II.
Financial Impact:
The total estimated cost of the road improvement projects identified in the Program Development
Report for the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee, is
approximately$403 million. The proposed projects however, will only be partially funded by the
fee program.
Adoption of the Area of Benefit will generate approximately $189 million for road improvement
projects, when all the fees are collected by the year 2010 target date.
The remaining project costs will be funded by local, state, or federal grants, Measure C funds,
or Gas Tax revenues.
No General Fund monies will be used.
Revision of the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee
July 26, 1994
Page 3
III. Reasons for Recommendations and Background:
The Eastern Contra Costa Sub-Regional Transportation Mitigation Fee area is being revised to
fulfill the obligation of the County under the Joint Exercise of Powers Agreement relating to the
East Contra Costa Regional Fee and Financing Authority. The Joint Powers Agreement-requires
each participant to implement a uniform fee to finance construction of three projects of regional
significance. The participants in the Joint Powers Agreement are the cities of Antioch,
Brentwood, and Pittsburg and Contra Costa County. The three projects are to construct the
proposed State Route 4 Bypass, the proposed Buchanan Bypass, and improve the safety and
capacity of State Route 4 through Pittsburg and Antioch.
The State Route 4 Bypass has been identified as a necessary route for development of east
county allowed under the current General Plan. This roadway will alleviate congestion that
currently exists along State Route 4 and other major arterials in the area such as Lone Tree Way
and Hillcrest Avenue. The alignment of the proposed State Route 4 Bypass is consistent with the
planned transportation corridor from the Brentwood area to Interstate 580 to the south.
The Buchanan Bypass project is sponsored by the City of Pittsburg as an alternative route to the
existing Buchanan Road and State Route 4. Construction of this bypass would help alleviate
congestion on State Route 4 through Pittsburg, and the existing Buchanan Road.
The improvements to State Route 4 through Antioch and Pittsburg are necessary to alleviate
congestion and improve safety. Improvements include additional lanes and improved on and off
ramps.
Government Code Section 66484 and Division 913, Title 9 of the Contra Costa County Ordinance
Code provide for assessing and collecting fees for bridge and/or major thoroughfare
construction within a designated area of benefit and as a condition of approval of a final
subdivision map or as a condition of issuing a building permit. The Public Works Director and
Director of Community Development have completed a Revised Development Program Report
for the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee, which was filed with
the Clerk of the Board. Notice of the hearing was duly given in accordance with Government
Code Sections 54986, 65091, 66016, and 66484.
The Eastern Contra Costa Sub-Regional Transportation Mitigation Fee has been determined to
be in compliance with the General Plans of the cities of Antioch, Brentwood and Pittsburg, and
Contra Costa County and is exempt from CEQA because it is not a project as defined in CEQA
guidelines Section 15378. On April 19, 1994 the project was determined not to be subject to the
California Environmental Quality Act pursuant to Article 5, Section 15061(b)(1) CEQA guidelines.
The Notice of Exemption was filed and the $25.00 filing fee was paid on April 20, 1994.
IV. Consequences of Negative Action:
Failure to approve the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee will
result in significant funding shortfalls for the three projects contained in this fee program. This
would delay the construction of the facilities for many years until another funding source is
secured.
cc: M. Shiu, Deputy Public Works Director
V. Germany, Public Works Design
Community Development
Public Works Accounting
County Auditor-Controller
Treasurer-Tax Collector
ORDINANCE NO. 94 - 53
(Urgency Measure.for Interim Authorization to Adopt Eastern
Contra Costa Sub-Regional Transportation Mitigation Fees)
The Board of Supervisors of Contra Costa County ordains as follows:
SECTION 1. SUMMARY. This ordinance provides for the adoption of an urgency measure
as an interim authorization for fees to be used for bridge and major thoroughfare improvements
within the Eastern Contra Costa Sub-Regional Transportation Mitigation Area of Benefit, which
improvements are needed to protect the public health safety and welfare.
SECTION II. FINDINGS. The Board finds that:
Highway 4, which nuns between Bay Point and Discovery Bay, is the major regional access route
within the above-named area of benefit. Highway 4 is currently inadequate in capacity to serve
present and anticipated traffic generated by development within the Cities of Pittsburg, Antioch
and Brentwood, as well as the unincorporated areas of East County. As a result, Highway 4 is
now experiencing travel delays and traffic congestion of increasing severity.
To adequately handle present and anticipated traffic within the East County area, and to provide
congestion relief on Highway 4, it has been proposed to improve Highway 4 between Bailey Road
and Antioch, to construct a new access route known as the State Route 4 Bypass (Delta
Expressway) between Antioch and Brentwood, and to(construct the Buchanan Bypass south of
Pittsburg.
There is an urgent need for interim fees as the inadequacy of the transportation infrastructure
within the above-named area of benefit causes significant'congestion, delay and economic loss
to the entire East County region. The resulting stressful driving conditions and reduction in air
quality are adverse factors affecting the public health, safety and welfare.
Residential, commercial and other construction activity is increasing in the East County area and
is expected to remain strong in the near future. The corresponding increase in traffic along
Highway 4 and connecting streets will further reduce the quality of travel throughout the entire
East County area.
Failure to adopt the interim fees at this time will result in a loss of potential revenues as
residential and commercial projects are built without Having to contribute their full share to the
proposed improvements.
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The inability to finance construction of necessary bridge and major thoroughfare improvements
within the East County area is detrimental to the public health, safety and welfare.
Failure to require payment of the fees described in this ordinance as a condition of issuing a
building permit or equivalent permit would place the residents or occupants of the development,
immediate community and fee area in a•condition perilous to their health and safety, in that the
failure to fund necessary bridge and major thoroughfare improvements in the East County area
will result in continuing and additional traffic congestion, delay, economic loss, stressful driving
conditions and reduction in air quality.
The adoption of interim fees at this time will allow the immediate collection of the fees from
residential, commercial and other development. The end result will be to decrease travel delay,
relieve traffic congestion and protect the public health, safety and welfare.
SECTION III. AUTHORITY. This ordinance is enacted, in part, pursuant to Government
Code Sections 66017(b) and 66484 and Division 913, Title 9, of the Contra Costa County
Ordinance Code.
SECTION IV. NOTICE AND HEARING. This ordinance was adopted pursuant to the
procedure set forth in Government Code Section 66017(b) and all required notices have been
properly given and public hearing held.
SECTION V. FEE ADOPTION. The following interim fees are hereby adopted for the
Eastern Contra Costa Sub-Regional Transportation Mitigation Area of Benefit to fund the bridge
and major thoroughfare improvements described in the Revised Development Program Report
on file with the Clerk of the Board, and shall be levied and collected pursuant to the above
authorities:
Eastern Contra Costa Sub-Regional Transportation Mitigation Fees:
Land Use Fee
Single Family Residential $1,730 per dwelling unit
Multi Family Residential 80% of the Single Family Residential rate
Commercial $0.55 per square foot of gross floor area
Office $0.57 per square foot of gross floor area
Industrial $0.30 per square foot of gross floor area
Other $1,730 per peak hour trip
The fees shall be payable as specified in Section 913-4.204 of the Contra Costa County
Ordinance Code.
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The interim fees payable under this ordinance shall be in addition to fees payable for the
following existing areas of benefit:
1. Bethel Island Regional Area of Benefit
2. Discovery Bay Area of Benefit
3. Oakley/North Brentwood Area of Benefit
4. East County Regional Area of Benefit (including the East County Sub-Area, the
Pittsburg/Antioch Sub-Area and the Marsh Creek Sub-Area)
5. Bay Point Area of Benefit (formerly West Pittsburg Area of Benefit)
However, where fees are paid for one of the above areas of benefit, the fees payable under this
ordinance shall be reduced in an amount not exceeding that shown in Exhibit B attached to the
ordinance. In addition, tlae following shall be exempt from the fees levied under this ordinance:
(1) any developments required under conditions of approval to construct certain off-site road
improvements in lieu of fee payment; and (2) any unimproved subdivision lots for which fees for
one of the above areas of benefit were previously paid, prior to August 8, 1994, at the time of map
recordation.
SECTION VI. FEE AREA. The interim fees set forth in this ordinance shall apply to all
property described in Exhibit A attached hereto.
SECTION VII. PURPOSE AND USE OF FEES. The purpose of the fees described in this
ordinance is to generate funds to finance improvements to certain bridges and major
thoroughfares in the Eastern Contra Costa Sub-Regional Transportation Mitigation Area of
Benefit. The fees will be used to finance the road improvements listed in the Revised
Development Program Report. As discussed in more detail in said report, 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 bridges and major
thoroughfares in the East County area, thus creating a need to expand, extend or improve
existing bridges and major thoroughfares and a need to construct new bridges and major
thoroughfares to mitigate adverse traffic and infrastructure impacts that would otherwise result
from such development projects.
SECTION VIII. SEVERABILITY. If any fee or provision of this ordinance is held invalid or
unenforceable by a court of competent jurisdiction, that holding shall not affect the validity or
enforceability of the remaining fees or provisions, and the Board declares that it would have
adopted each part of this ordinance irrespective of the validity of any other part.
SECTION IX. EFFECTIVE DATE. This ordinance shall become effective immediately after
passage, and shall be operative for thirty days, after which time it may be extended. Within 15
days of passage, this ordinance shall be published once, with the names of the Supervisors
voting for and against it, in the Brentwood News, Antioch Ledger and the Contra Costa Times,
all newspapers of general circulation published in this County. Pursuant to Section 913-6.026
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of the Contra Costa County Ordinance Code, the Clerk of the Board shall promptly file a certified
copy of this ordinance with the County Recorder.
SECTION X. PRIOR ORDINANCE. This ordinance supercedes 'Ordinance No. 94-45
previously enacted on April 19, 1994, which is hereby repealed.
PASSED and ADOPTED on July 26, 1994 , 1994 by the following vote:
AYES: Supervisors Smith, Bishop, DeSaulnier and Torlakson
NOES: None
ABSENT: Supervisor Powers
ABSTAIN: None
ATTEST: Phil Batchelor, Clerk of the Board
of Supervisors and County Administrator
Deputy
Bohrd Chair
H:wp51\eastco.fee\update\urgord.t7
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Boundary Description
East County Area of Benefit
EXHIBIT "A"
The eastern portion of Contra Costa County, California, bounded on the north, east, and south by
the boundary of said county, and bounded on the west by the following described line:
Beginning in Suisun Bay on the boundary of Contra Costa County at the northern prolongation of
the west line of Section 5, Township 2 North, Range 1 West, Mount Diablo Meridian; thence from
the Point of Beginning, along said prolongation and west lines of Sections 5 and 8 (T2N, R1W),
southerly 14,225 feet, more or less, to the west quarter comer of said Section 8; thence along the
midsection line of Section 8, easterly 5,280.06 feet, more or less, to the east quarter comer of said
Section 8; thence along the east lines of Sections 8 and 17 (T2N, R1 W), southerly 6,430 feet, more
or less, to the southwest comer of PARCEL "A" of Subdivision MS 9-83 filed January 20, 1984 in
Book 109 at page 10, Parcel Maps of said county, also being an angle point on the boundary of
"CONCORD NAVAL WEAPONS STATION ANNEXATION" to the City of Concord certified
November 1, 1966; thence along said annexation boundary as follows: (1) southeasterly 8,670.76
feet to the north line of Section 27 (T2N, R1W), (2) southeasterly 10,641.44 feet, (3) southerly
3,015.62 feet, (4) southerly 1,478.05 feet, and (5) southwesterly 817.33 feet to the south line of
U.S.A. Explosive Safety Zone recorded December 27, 1977 in Volume 8645 at page 682, Official
Records of said county, and shown on the Record of Survey filed January 8, 1985 in Book 76 at
page 12, Licensed Surveyors Maps of said county; thence leaving said annexation boundary and
following the boundary of said safety zone (also being the boundary of "BRINTON ANNEXATION"
to the City of Concord certified July 15, 1987) as follows: (1) easterly 1,398.01 feet, (2) easterly
660.00 feet, (3) northerly 646.64 feet and (4) easterly 659.60 feet, to the west line of Section 1
(T1 N, R 1 W); thence leaving the boundary of said safety zone, along said west line, southerly 2,582
feet,-more or less, to the southeast corner of "BRINTON ANNEXATION" on the north right of way
line of Kirker Pass Road (also being the northeast corner of "BERNSTEIN ANNEXATION" to the
City of Concord certified March 29, 1972); thence continuing along the west line of Section 1 (also
being the east line of "BERNSTEIN ANNEXATION"), southerly 2,300 feet, more or less, to the
southwest corner of said' Section 1 on the north line of "OAKHURST COUNTRY CLUB AREA
ANNEXATION" to the City of Clayton certified November 30, 1987; thence leaving the boundary of
the City of Concord and following the boundary of said City of Clayton annexation as follows: (1)
along the south line of Section 1, easterly 5,254.46 feet, to the northeast corner of Section 12 (T1 N,
R1W) on Mount Diablo Meridian, (2) along said meridian, southerly 10,353.95 feet, to the northeast
corner of Section 24 (T1 N, R 1 W), (3) along the north line of Section 24, westerly 1,406.17 feet, to
the northeast right of way line of Marsh Creek Road shown on the Record of Survey filed
September 29, 1966 in Book 45 of Licensed Surveyors Maps at page 2, (4) along said right of way
line in a general southeasterly direction 1,526.21 feet to Mount Diablo Meridian, and (5) along said
meridian, southerly 936.04 feet, to the most southeastern corner of said annexation; thence leaving
said annexation boundary, continuing along said meridian, southerly 72.75 feet, to the northwest
corner of"OAKWOOD ANNEXATION" to the City of Clayton certified August 16, 1990, thence along
the boundary of "OAKWOOD ANNEXATION" (also being the boundary of Subdivision 7259
"Oakwood" filed December 12, 1990 in Book 354 of Maps at page 5) as follows: (1) easterly 339.92
1
feet, (2) in a general northeasterly direction 339.14 feet, (3) in a general southerly direction 618.45
feet, (4) southwesterly 632.77 feet, and (5) westerly 215.95 feet to the southwest corner of
"OAKWOOD ANNEXATION" on Mount Diablo Meridian; thence leaving said annexation boundary,
along said meridian, southerly 13,854.07 feet, to National Geodetic Survey Station "Mount Diablo;"
thence continuing along said meridian, southerly 15,840 feet, more or less, to the southwest comer
of Section 18 (T1 S, R1 E); thence along the south lines of Sections 18, 17, 16, 15 and 14 (T1 S,
R1 E), easterly 26,373 feet, more or less, to the northwest corner of Section 24 (T1 S, R1 E); thence
along the west lines of Sections 24 and 25 (T1 S, R1 E), southerly 10,560 feet, more or less, to the
southwest comer of said Section 25; thence along the south line of Section 25 (T1 S, R 1 E) and the
south line of Section 30 (T1 S, R2E), easterly 8,575 feet, more or less, to the southwest right of way
line of Morgan Territory Road shown on the map of Subdivision MS 18-86 filed February 28, 1992
in Book 157 of Parcel Maps at page 43; thence along said southwest line in a general southeasterly
direction 686 feet, more or less, to the southwestern prolongation of the northwest line of
Subdivision MS 31-78 filed December 31, 1980 in Book 91 of Parcel Maps at page 44; thence along
said prolongation and northwest line, northeasterly 2,255.06 feet, to the west line of Section 29
(T1 S, R2E); thence along said west line, southerly 1,020.02 feet, to the southwest corner of Section
29; thence along the south lines of Sections 29 and 28 (TIS, R2E), easterly 10,560 feet, more or
less, to the northwest corner of Section 34, (T1 S, R2E); thence along the west line of Section 34
(T1 S, R2E) and the west lines of Sections 3 and 10 (T2S, R2E), southerly 14, 960 feet, more or
less, to the boundary of Contra Costa County.
EXCLUDING THEREFROM:
1. Those portions lying within the boundaries of incorporated cities.
2. The sphere of influence for the City of Clayton as adopted by the Local Agency
Formation Commision and as shown in Exhibit 1-4, page 1-9 of the Clayton General
Plan adopted July 17, 1985.
LH:jlg:rbt
c\ex:ECounty.AOB
3/31/94
4/18/94
2
EXHIBIT B
CREDITS FOR EXISTING FEES
Oakley/N. Brentwood Area of Benefit "
Current Amount of current fee
Fee to be credited
Single Family $7,863.00 $1,726.00
Multi Family $6,578.00 $1,553.00
Commercial $4.69 $1.55
Office
Industrial $2.85 $1.04
** No property in this Area of Benefit is zoned "Office" therefore no fee exists, "Office" projects would
pay a local traffic impact fee based upon ITE trip generation rates at $6,037/ peak hour trip.
Discovery Bay Area of Benefit *
Current Amount of current fee
Fee to be credited
Single Family $2,625.00 $1,730.00
East County Regional Area of Benefit
Current Amount of current fee
Fee to be credited
Single Family $1,994.00 $345.00
Multi Family $1,596.00 $276.00
Commercial $4.99 $0.86
Office $3.19 $0.55
Industrial $1.40 $0.24
Bethel Island Regional Area of Benefit
Current Amount of current fee
Fee to be credited
Single Family $3,347.00 $0.00
Multi Family $2,680.00 $0.00
Commercial $8.37 $0.00
Office $5.36 $0.00
Industrial $2.23 $0.00
Bay Point Area of Benefit (formerly West Pittsburg Area of Benefit)
Current Amount of current fee
Fee to be credited
Single Family $2,892.00 $2,892.00
Multi Family $2,321.00 $2,321.00
Commercial $7.25 $0.00
Office $4.63 $0.00
Industrial $2.03 $0.00
Light Industrial $3.18 $0.00
All Other Land Uses $2,888.00 $2,888.00
* The credit in these areas of benefit shall be based upon the portion of the area of benefit
fee that was expressly allocated for the State Route 4 Bypass (Delta Expressway)
ORDINANCE NO. 94 -.54
(Adoption of Eastern Contra Costa Sub-Regional
Transportation Mitigation Fees)
The Board of Supervisors of Contra Costa County ordains as follows:
SECTION I. SUMMARY. This ordinance provides for the adoption of fees to be used for
bridge and major thoroughfare improvements within the Eastern Contra Costa Sub-Regional
Transportation Mitigation Area of Benefit.
SECTION II. AUTHORITY. This ordinance is enacted, in part, pursuant to Government
Code Sections 66484 and Division 913, Title 9, of the Contra Costa County Ordinance Code.
SECTION III. NOTICE AND HEARING. This ordinance was adopted pursuant to the
procedure set forth in Government Code Sections 54986, 65091, 66016, 66017(a) and 66484 and
Division 913, Title 9, of the Contra Costa County Ordinance Code, and all required notices have
been properly given and public hearing held.
SECTION IV. FEE ADOPTION. The following fees are hereby adopted for the Eastern
Contra Costa Sub-Regional Transportation Mitigation Area of Benefit to fund the bridge and major
thoroughfare improvements described in the Revised Development Program Report on file with
the Clerk of the Board, and shall be levied and collected pursuant to the above authorities:
Eastern Contra Costa Sub-Regional Transportation Mitigation Fees:
Land Use Fee
Single Family Residential $1,730 per dwelling unit from September 24, 1994 to July 23, 1995
$2,553 per dwelling unit from July 24, 1995 to July 24, 1996
$3,376 per dwelling unit from July 25, 1996 to July 25, 1997
$4,475 per dwelling unit after July 25, 1997
Multi Family Residential 80% of the Single Family Residential rate
Commercial $0.55 per square foot of gross floor area
Office $0.57 per square foot of gross floor area
Industrial $0.30 per square foot of gross floor area
Other $1,730 per peak hour trip from September 24, 1994 to July 23, 1995
$2,553 per peak hour trip from July 24, 1995 to July 24, 1996
$3,376 per peak hour trip from July 25, 1996 to July 25, 1997
$4,475 per peak hour trip after July 25, 1997
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a
The fees shall be payable as specified in Section 913-4.204 of the Contra Costa County
Ordinance Code.
The fees payable under this ordinance shall be in addition to fees payable for the following
existing areas of benefit:
1. Bethel Island Regional Area of Benefit
2. Discovery Bay Area of Benefit
3. Oakley/North Brentwood Area of Benefit
4. East County Regional Area of Benefit (including the East County Sub-Area, the
Pittsburg/Antioch Sub-Area and the Marsh Creek Sub-Area)
5. Bay Point Area of Benefit (formerly West Pittsburg Area of Benefit)
However, where fees are paid for one of the above areas of benefit, the fees payable under this
ordinance shall be reduced in an amount not exceeding that shown in Exhibit B attached to the
ordinance. In addition, the following shall be exempt from the fees levied under this ordinance:
(1) any developments required under conditions of approval to construct certain off-site road
improvements in lieu of fee payment; and (2) any unimproved subdivision lots for which fees for
one of the above areas of benefit were previously paid, prior to August 8, 1994, at the time of map
recordation.
SECTION V. FEE AREA. The fees set forth in this ordinance shall apply to all property
described in Exhibit A attached hereto.
SECTION VI. PURPOSE AND USE OF FEES. The purpose of the fees described in this
ordinance is to generate funds to finance improvements to certain bridges and major
thoroughfares in the Eastern Contra Costa Sub-Regional Transportation Mitigation Area of
Benefit. The fees will be used to finance the road improvements listed in the Development
Program Report. As discussed in more detail in said report, 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 bridges and major thoroughfares in the
East County area, thus creating a need to expand, extend or improve existing bridges and major
thoroughfares and a need to construct new bridges and major thoroughfares to mitigate adverse
traffic and infrastructure impacts that would otherwise result from such development projects.
SECTION VII. SEVERABILITY. If any fee or provision of this ordinance is held invalid or
unenforceable by a court of competent jurisdiction, that holding shall not affect the validity or
enforceability of the remaining fees or provisions, and the Board declares that it would have
adopted each part of this ordinance irrespective of the validity of any other part.
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SECTION VIII. REVIEW AND INCREASE OF FEES. Project cost estimates shall be
reviewed January 1 of every year that this ordinance is in effect. The fee schedule shall be
adjusted annually to account for inflation using the Engineering News Record Construction Cost
Index. Such adjustment shall not require further notice or public hearing.
SECTION IX. EFFECTIVE DATE. This ordinance shall become effective 60 days after
passage, and within 15 days of passage, this ordinance shall be published once, with the names
of the Supervisors voting for and against it, in the Brentwood News, Antioch Ledger and the
Contra Costa Times, all newspapers of general circulation published in this County. Pursuant to
Section 913-6.026 of the Contra Costa County Ordinance Code, the Clerk of the Board shall
promptly file a certified copy of this ordinance with the County Recorder.
SECTION X. PRIOR ORDINANCE. This ordinance supersedes Ordinance No. 94-45
previously enacted on April 19, 1994, which is hereby repealed.
PASSED and ADOPTED on July 26, 1994 , 1994 by the following vote:
AYES: Supervisors Smith, Bishop, DeSaulnier, and Torlakson
NOES: None
ABSENT: ' Supervisor Powers
ABSTAIN: None
ATTEST: Phil Batchelor, Clerk of the
Board of Supervisors and County
Administrator
By: 4d lu,
Deputy Voard Chair
H:wp511eastoo.feelupdatebrdinanc.t7
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Boundary Description
East County Area of Benefit
EXHIBIT "A"
The eastern portion of Contra Costa County, California, bounded on the north, east, and south by
the boundary of said county, and bounded on the west by the following described line:
Beginning in Suisun Bay on the boundary of Contra Costa County at the northern prolongation of
the west line of Section 5, Township 2 North, Range 1 West, Mount Diablo Meridian; thence from
the Point of Beginning, along said prolongation and west lines of Sections 5 and 8 (T2N, R1 W),
southerly 14,225 feet, more or less, to the west quarter comer of said Section 8; thence along the
midsection line of Section 8, easterly 5,280.06 feet, more or less, to the east quarter comer of said
Section 8; thence along the east lines of Sections 8 and 17 (T2N, R1 W), southerly 6,430 feet, more
or less, to the southwest comer of PARCEL "A" of Subdivision MS 9-83 filed January 20, 1984 in
Book 109 at page 10, Parcel Maps of said county, also being an angle point on the boundary of
"CONCORD NAVAL WEAPONS STATION ANNEXATION" to the City of Concord certified
November 1, 1966; thence along said annexation boundary as follows: (1) southeasterly 8,670.76
feet to the north line of Section 27 (T2N, R1 W), (2) southeasterly 10,641.44 feet, (3) southerly
3,015.62 feet, (4) southerly 1,478.05 feet, and (5) southwesterly 817.33 feet to the south line of
U.S.A. Explosive Safety Zone recorded December 27, 1977 in Volume 8645 at page 682, Official
Records of said county, and shown on the Record of Survey filed January 8, 1985 in Book 76 at
page 12, Licensed Surveyors Maps of said county; thence leaving said annexation boundary and
following the boundary of said safety zone (also being the boundary of "BRINTON ANNEXATION"
to the City of Concord certified July 15, 1987) as follows: (1) easterly 1,398.01 feet, (2) easterly
660.00 feet, (3) northerly 646.64 feet and (4) easterly 659.60 feet, to the west line of Section 1
(T1 N, R1 W); thence leaving the boundary of said safety zone, along said west line, southerly 2,582
feet,-more or less, to the southeast corner of"BRINTON ANNEXATION" on the north right of way
line of Kirker Pass Road (also being the northeast corner of "BERNSTEIN ANNEXATION" to the
City of Concord certified March 29, 1972); thence continuing along the west line of Section 1 (also
being the east line of "BERNSTEIN ANNEXATION"), southerly 2,300 feet, more or less, to the
southwest corner of said Section 1 on the north line of "OAKHURST COUNTRY CLUB AREA
ANNEXATION" to the City of Clayton certified November 30, 1987; thence leaving the boundary of
the City of Concord and following the boundary of said City of Clayton annexation as follows: (1)
along the south line of Section 1, easterly 5,254.46 feet, to the northeast corner of Section 12 (T1 N,
R1 W) on Mount Diablo Meridian, (2) along said meridian, southerly 10,353.95 feet, to the northeast
comer of Section 24 (T1 N, R 1 W), (3) along the north line of Section 24, westerly 1,406.17 feet, to
the northeast right of way line of Marsh Creek Road shown on the Record of Survey filed
September 29, 1966 in Book 45 of Licensed Surveyors Maps at page 2, (4) along said right of way
line in a general southeasterly direction 1,526.21 feet to Mount Diablo Meridian, and (5) along said
meridian, southerly 936.04 feet, to the most southeastern corner of said annexation; thence leaving
said annexation boundary, continuing along said meridian, southerly 72.75 feet, to the northwest
corner of"OAKWOOD ANNEXATION"to the City of Clayton certified August 16, 1990; thence along
the boundary of "OAKWOOD ANNEXATION" (also being the boundary of Subdivision 7259
"Oakwood"filed December 12, 1990 in Book 354 of Maps at page 5) as follows: (1) easterly 339.92
1
feet, (2) in a general northeasterly direction 339.14 feet, (3) in a general southerly direction 618.45
feet, (4) southwesterly 632.77 feet, and (5) westerly 215.95 feet to the southwest corner of
"OAKWOOD ANNEXATION" on Mount Diablo Meridian; thence leaving said annexation boundary,
along said meridian, southerly 13,854.07 feet, to National Geodetic Survey Station "Mount Diablo;"
thence continuing along said meridian, southerly 15,840 feet, more or less, to the southwest comer
of Section 18 (TIS, R1 E); thence along the south lines of Sections 18, 17, 16, 15 and 14 (T1 S,
R1 E), easterly 26,373 feet, more or less, to the northwest comer of Section 24 (T1 S, R 1 E); thence
along the west lines of Sections 24 and 25 (T1 S, R1 E), southerly 10,560 feet, more or less, to the
southwest comer of said Section 25; thence along the south line of Section 25 (T1 S. R 1 E) and the
south line of Section 30 (T1 S, R2E), easterly 8,575 feet, more or less, to the southwest right of way
line of Morgan Territory Road shown on the map of Subdivision MS 18-86 filed February 28, 1992
in Book 157 of Parcel Maps at page 43; thence along said southwest line in a general southeasterly
direction 686 feet, more or less, to the southwestem prolongation of the northwest line of
Subdivision MS 31-78 filed December 31, 1980 in Book 91 of Parcel Maps at page 44; thence along
said prolongation and northwest line, northeasterly 2,255.06 feet, to the west line of Section 29
(T1 S, R2E); thence along said west line, southerly 1,020.02 feet, to the southwest corner of Section
29; thence along the south lines of Sections 29 and 28 (T1 S, R2E), easterly 10,560 feet, more or
less, to the northwest corner of Section 34, (T1 S, R2E); thence along the west line of Section 34
(T1 S, R2E) and the west lines of Sections 3 and 10 (T2S, R2E), southerly 14, 960 feet, more or
less, to the boundary of Contra Costa County.
EXCLUDING THEREFROM:
1. Those portions lying within the boundaries of incorporated cities.
2. The sphere of influence for the City of Clayton as adopted by the Local Agency
Formation Commision and as shown in Exhibit 1-4, page 1-9 of the Clayton General
Plan adopted July 17, 1985.
LH:jlg:rbt
c1ex:ECounty.AOB
3/31/94
4118/94
2
EXHIBIT B
CREDITS FOR EXISTING FEES
Oakley/N. Brentwood Area of Benefit
Current Amount of current fee
Fee to be credited
Single Family $7,863.00 $1,726.00
Multi Family $6,578.00 $1,553.00
Commercial $4.69 $1.55
Office
Industrial $2.85 $1.04
** No property in this Area of Benefit is zoned "Office" therefore no fee exists, "Office" projects would
pay a local traffic impact fee based upon ITE trip generation rates at $6,037/peak hour trip.
Discovery Bay Area of Benefit
Current Amount of current fee
Fee to be credited
Single Family $2,625.00 $1,730.00
East County Regional Area of Benefit
Current Amount of current fee
Fee to be credited
Single Family $1,994.00 $345.00
Multi Family $1,596.00 $276.00
Commercial $4.99 $0.86
Office $3.19 $0.55
Industrial $1.40 $0.24
Bethel Island Regional Area of Benefit
Current Amount of current fee
Fee to be credited
Single Family $3,347.00 $0.00
Multi Family $2,680.00 $0.00
Commercial $8.37 $0.00
Office $5.36 $0.00
Industrial $2.23 $0.00
Bay Point Area of Benefit (formerly West Pittsburg Area of Benefit)
Current Amount of current fee
Fee to be credited
Single Family $2,892.00 $2,892.00
Multi Family $2,321.00 $2,321.00
Commercial $7.25 $0.00
Office $4.63 $0.00
Industrial $2.03 $0.00
Light Industrial $3.18 $0.00
All Other Land Uses $2,888.00 $2,888.00
* The credit in these areas of benefit shall be based upon the portion of the area of benefit
fee that was expressly allocated for the State Route 4 Bypass (Delta Expressway)