Loading...
HomeMy WebLinkAboutMINUTES - 08081995 - SD2 WHEWRECORDEO RETURN • j • TO CLERK;, I CONTRA COSTA COUNTY BOARD OF SUPERVISORS BOARD OF SUPERVISORS __ ---- -- _ _-- - e!ORDED AT REDUES 0F ti � Adopted this Resolution on August 8,1995, by the following vote: AYES: Supervisors Rogers , Smith, Torlakson and Bishop AUG 2 2199 AT I u, -L-.--�;K M. NOES: None ��77 p� �� � CONTRA COSTA COUNTY RECORDS STEPHEN L. WEIR COUNTY RECORDEPt,��, ABSENT: Supervisor DeSaulnier FEE: $dAW RESOLUTION NO. 95/377 SUBJECT: Formation of the Martinez Area of Benefit Martinez Area Project No. 0676-2310-6P4070 CDD-CP#94-43 The Board of Supervisors, by Resolution, shall: ADOPT and APPROVE the Development Program Report pertaining to the formation of the Martinez Area of Benefit. DETERMINE that the activity, formation of the Martinez Area of Benefit, is not subject to the California Environmental Quality Act pursuant to Article 5, Section 15061(b)(3) CEQA guidelines. DIRECT the Director of Community Development to file the Notice of Exemption with the County Clerk. DIRECT the Public Works Director to arrange for payment of the $25.00 handling fee to the County Clerk for the filing of the Notice of Exemption. DETERMINE that a majority protest does not exist. INCORPORATE in this resolution by reference the boundaries, costs, and method of fee apportionment set forth in the Development Program Report and the attached ordinance. DIRECT the Director of Public Works and Auditor/Controller to continue the existing trust (Trust Fund No. 8240) fund for the Martinez subarea, that was established by Board Resolution 88/122 on March 15, 1988, and that this trust fund shall now be specific for the Martinez Area of Benefit, and that the Treasurer shall continue the investment of said monies with interest to accrue in the trust fund account. DIRECT the Director of Public Works and Auditor/Controller to arrange for the transfer the funds from the existing trust fund (Trust Fund No. 8241) for the Briones subarea, that was established by Board Resolution 88/122 on March 15, 1988, into the trust fund (Trust Fund No. 8240) for the Martinez Area of Benefit. DIRECT the Public Works Department and Department of Community Development to review the fee schedule every year that the Area of Benefit 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. DIRECT the Director of Community Development to monitor future amendments to the currently adopted General Plan and their impact on traffic within the Martinez Area of Benefit, and to report those amendments to the Public Works Director as necessary to facilitate updating of the Martinez Area of Benefit, and to make recommendations to the Board. 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 Martinez Area of Benefit. RESOLUTION NO. 95/ 377 Formation of the Martinez Area of Benefit August 8, 1995 Page 2 ADOPT the attached ordinance, which forms the Martinez Area of Benefit, and ordains the following: d� Traffic Mitigation Fees (Ordinance No. 95 -_aL) 1. Adopt traffic mitigation fees, as recommended in the Development Program Report. d`J i 2. Adjust the fee schedule every year that the Area of Benefit is in effect, ' to account for the affects of inflation and that at no time will the fee schedule be increased at a rate of more that 5% per year. i Financial Impact: The total estimated cost of the road improvement projects identified in the Development Program Report for the Martinez area, is approximately $7.86 million. The proposed projects however, will only be partially funded by Martinez Area of Benefit fees. Adoption of the Martinez Area of Benefit will generate approximately $1.66 million for road 4 improvement projects, when all the fees are collected by the year 2015 target date. The existing unencumbered balance of the Martinez subarea of the Central County Regional Area of Benefit is approximately $525,000 and the unencumbered balance of the Briones subarea is approximately $246,000. Other sources of funding (State or Federal aid, or local sources such as sales tax and gas tax, etc.) will fund the remaining portions of the project costs. Reasons for Recommendations and Background: i The Countywide Area of Benefit was first adopted by the Board of Supervisors on March 15, 1988, to improve the capacity and safety of the arterial road network in unincorporated Contra Costa County through the establishment of a traffic mitigation fee. The Countywide 1 Area of Benefit was divided into seven regions, some of which were divided into subareas. The seven regions were named West County, Central County, Lamorinda, Alamo, South County, East County, and Bethel Island. The Central County region was divided into four subareas, named Briones, South Walnut Creek, Central County, and Martinez. There was a separate fee schedule for each region. Fees collected within subareas were held in a separate trust fund account specific to that subarea. The formation of separate Areas of Benefit based upon the subareas of the Regional Areas of Benefit will allow the Public Works Department staff to update and administer the program more efficiently. The fees for a particular subarea will now reflect the needs and potential development of that subarea and not of the region surrounding it. The project list set forth in the Development Program Report include the three projects that were on the original project list for the 1988 Countywide Area of Benefit. Two projects were in the Martinez subarea and one was in the Briones subarea. Since this project was the only project in the Briones subarea, the funds in the trust account for the Briones subarea will be transferred into the trust account for the Martinez Area of Benefit. The formation of this area of benefit will incorporate that project and a portion of the Briones subarea into the Martinez Area of Benefit. The reason for this boundary change, is that development in the Martinez subarea has had, and will continue to have, a significant impact upon the infrastructure of this portion of the Briones subarea. The cost estimates of these projects have been revised, the development potential for this area has been revised, and one new project has been added to the project list. This has resulted in a new schedule of proposed fees. RESOLUTION NO. 95/ 377 Formation of the Martinez Area of Benefit August 8, 1995 Page 3 Reasons for Recommendations and Background (continued): Sometime in the near future, the remaining portions of the Briones subarea will be incorporated into the Hercules/Rodeo/Crockett Area of Benefit. At that time, the existing trust fund for the Briones subarea will be closed. Until then, traffic mitigation fee will be CA continued to be collected from development in the subarea and deposited into the Briones subarea trust fund. Government Code Section 66484 and Division 913, Title 9 of the Contra Costa Count Ordinance Code provide for assessing and collecting fees for bridge and/or major thoroughfare construction within a designated area of benefit as a condition of issuing a building permit. The Public Works Director and Director of Community Development have completed a Development Program Report for the Martinez Area of Benefit, 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. Consequences of Negative Action: Failure to form the Martinez Area of Benefit will result in lower revenue and the funding of future projects may be delayed. PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By r�AIM 0,4 .4A� � �'j � -Deputy Clerk NW:ML:ds h:wcresolu.wpd Orig.Dept.: Public Works Depart.(RE) Contact: Martin Lysons,Tel.313-2264 cc: County Administrator County Auditor-Controller Community Development Treasurer-Tax Collector M.Shiu,PW Director Public Works Accounting V.Germany,Design Division RESOLUTION NO. 95/377 • 4 . Ordinance No. 95 - 3 8 9s 138424 Martinez Area of Benefit The Board of Supervisors of Contra Costa County ordains as follows: SECTION I. SUMMARY. This ordinance provides for the formation of the Martinez Area of Benefit, and the adoption of fees to be collected from developments proposed in the Martinez Area of Benefit located in unincorporated Contra Costa County to fund road improvements. SECTION II. REPLACEMENT. Within the new area of benefit, Ordinance 93-22, shall be repealed and replaced by this ordinance. SECTION III. AUTHORITY. This ordinance is enacted, in part, pursuant to Government Code Section 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 and 66484, and Division 913, Title 9, of the Contra Costa County Ordinance Code, and all required notices have been properly given and public hearings held. SECTION IV. FEE ADOPTION. The following fees to fund road improvements are adopted for the Martinez Area of Benefit, as established by Resolution 95/3 7 7 dated August 8, 1995 and shall apply to all development within the Fee Area: Martinez Area of Benefit: Land Use Recommended Fee Single Family Residential $3,357 per Dwelling Unit Multiple Family Residential $2,696 per Dwelling Unit Commercial $8.40 per Square Foot Gross Floor Area Office $5.37 per Square Foot Gross Floor Area Industrial $2.36 per Square Foot Gross Floor Area Light Industrial $3.77 per Square Foot Gross Floor Area Other $3,357 per peak hour trip Fees shall be collected when building permits are issued in accordance with Section 913-4.204 of Title 9 (Subdivisions) of the Contra Costa County Ordinance Code. SECTION V. FEE AREA. The Fee Area shall include all of the unincorporated area within the Martinez Area of Benefit with the following exception: 1. Any development required under conditions of approval to construct certain off-site road improvements in lieu of fee payment The boundaries of the Martinez Area of Benefit as established by Resolution No.--=95/377 adopted August 8, 1995 are described in Exhibit A attached to this ordinance. SECTION VI. SENIOR HOUSING. Nothing in this Ordinance shall be construed to abridge or modify the Board'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 this ordinance. 95 138424 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 unincorporated Martinez area. 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. These development projects will generate additional traffic on bridges and major thoroughfares in the unincorporated Martinez area, 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 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 each part of this ordinance is valid, in and of itself, irrespective of the validity of any other part. SECTION IX. REVIEW OF FEES. Project cost estimates shall be reviewed periodically while the Martinez Area of Benefit is in effect. The fee schedule shall be adjusted annually to account for inflation using the State of California Construction Cost Index as published annually by the California Department of Transportation. At no time will the fee schedule be increased at a rate of more that 5% per year due to inflation. SECTION X. EFFECTIVE DATE. This ordinance shall become effective 60 days after passage, and within 15 days of passage, shall be published once with the names of the Supervisors voting for and against it in the Contra Costa Times, a newspaper 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 XI. EXISTING FEE. The replacement of Ordinances No. 93-22 shall not affect fees accrued thereunder prior to the effective date of this ordinance, and such fees shall remain subject to payment and collection. PASSED and ADOPTED on August 8, 1995 by the following vote: AYES: Supervisors Rogers , Smith, Torlakson and Bishop . . _ NOES: None ABSENT: Supervisor DeSaulnier ABSTAIN: None Attest: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: 4Dety4a 04 4al Board hair NW/MUds C:MTZaob0RD.t12 Attachments Boundary Description Martinez Area of Benefit EXHIBIT "A" A portion of north central Contra Costa County, California, bounded on the north by Solano County, bounded on the northeast by Walnut Creek Flood Control Channel, and described as follows: 00 Beginning in Suisun Bay Carquinez Straits on the boundary common to Contra Costa and Solano Counties at the northern prolongation of the centerline of Walnut Creek Flood Control Channel; thence from the Point of Beginning along said prolongation, south 23°28'34" east 1,150 feet, more or less, to the outfall of said channel; thence along said centerline in a general southerly direction 20,262.54 feet to a curve concave to the southwest, having a radius of 5,000 feet, and being distant radially north 56015'04" east 208 feet from Contra Costa County Flood Control and Water Conservation District Monument #68108; thence continuing along said centerline, being the arc of said curve, southeasterly 460 feet, more or less, to the centerline of State Highway Route 4; thence non-tangent along said highway centerline in a general westerly direction 5,925 feet, more or less, to the boundary of the City of Martinez; thence along said boundary, southwesterly 250 feet, more or less, to the northwest line of that 2.25 acre Assessor Parcel Number (hereinafter referred to as APN) 125-200-001 described as PARCEL 1 in the Final Order of Condemnation by the State of California recorded March 20, 1958, in Volume 3137 of Official Records at page 554; thence along said northwest line, south 33°40' west 271.4 feet, to the north right of way line of Vine Hill Road; thence crossing said road, southerly 41 feet, more or less, to the northwest corner of APN 125-193- 028 described in the Partial Release and Reconveyance to Contra Costa County Water District recorded February 17, 1961, in Volume 3807 of Official Records at page 278; thence along the west line thereof, southerly 44 feet, to the northwest corner of Lot 115 in "Beckett Acres Unit No. 2", a subdivision recorded April 22, 1954, in Book 53 of Maps at page 37; thence along the boundary of said subdivision in a general southerly direction 1,397.65 feet to the southwest corner thereof on the boundary of Tract 2024 recorded March 24, 1955 in Book 57 of Maps at page 26; thence along the boundary of Tract 2024, south 88028'58"west 25.83 feet and in a general southerly direction 634.69 feet, to the boundary cf Tract 2632 recorded August 7, 1958, in Book 70 of Maps.at page.34; thence along the boundary of Tract 2632, south 24023'13" east 305.28 feet and south 54051'15" east 50 feet, to the boundary of Tract 2024 (57 M 26); thence along the boundary of Tract 2024, south 54°51'15" east 62.93 feet, north 89059'39" east 79.01 feet, and south 0"14'50" west 560.61 feet, to the north right of way line of Center Avenue; thence continuing south 00 14'50" west 80 feet, more or less, to the south right of way line of Center Avenue; thence along said south line in a general westerly direction 970 feet, more or less, to the east right of way line of Contra Costa Canal; thence along said canal right of way in a general southerly direction 813.41 feet to a 6" concrete monument shown on the Record of Survey filed June 19, 1962, in Book 20 of Licensed Surveyors' Maps at page 15; thence continuing along said canal right of way shown as U.S.A. (461 O.R. 391) on said map, south 1 048' east 250.5 feet and south 57°42' east 116.83 feet, to the west right of way line of High Street; thence along said west line, southerly 95 feet, more or less, to the eastern Orolongation of the north line of Subdivision 6313 "Hidden Lakes Unit 8"filed June 6, 1983, in Book 270 of Maps at page 20, thence along said prolongation, north 88°55'05" west 170 feet, to the northeast corner of said 1 subdivision; thence along the east line thereof, south 1°04'02"west 738 feet, to the most eastern line of Subdivision 4964 "Hidden Lakes Unit 3"filed July 9, 1979, in Book 226 of Maps at page 30; thence along the boundary thereof, south 1 °04'01" west 682 feet and south 89037'28" west 598.94 feet, to the southwest comer of Subdivision 4964 on the north line of Subdivision MS 12-79 filed September 5, 1980, in Book 89 of Parcel Maps at page 6; thence along said north line, westerly 725 feet, more or less, to the northeast corner of that 3.5 acre APN 154-150-007 described in the deed to Contra Costa County Water District recorded February 20, 1967, in Volume 5309 of Official Records at page ►� 201; thence along the north line thereof, westerly 537.41 feet, to the northeast corner of Subdivision G7 5126 "Diablo Valley Estates Unit 1"filed February 15, 1978, in Book 208 of Maps at page 1; thence along the boundary thereof, south 89044'06"west 1,227.72 feet, south 8.16 feet, and north 87046'18" CJ west 479.86 feet, to the northeast corner of that 10 acre APN 154-130-037 described in the deed to Davidon Five Star Corporation recorded December 19, 1986, in Volume 13332 of Official Records at page 973; thence along the north line thereof, westerly 660 feet, to the north line of Subdivision 5132 "Valley High Unit 2"filed December 1, 1981, in Book 261 of Maps at page 7; thence along the boundary thereof, north 87033'13"west 286.28 feet, north 89009'34" west 1,322.61 feet, and south 47022'59" west 374.11 feet, to the most western corner of Subdivision 5132 on the boundary of Subdivision 3556 "Valley High Unit II"filed August 21, 1968, in Book 122 of Maps at page 27; thence along said boundary, south 47022'59"west 1,336.63 feet and south 21029'51" east 121.1 feet, to the north corner of the Record of Survey filed September 18, 1967, in Book 49 of Licensed Surveyors' Maps at page 31; thence along the boundary thereof, south 61 "08'20" east 419.07 feet and south 20°10'53"west 656.87 feet, to the northeast right of way line of Alhambra Avenue; thence along said northeast line in a general southeasterly direction 4,900 feet, more or less, to the north line of Parcel "B" shown on the map filed September 30, 1968, in Book 5 of Parcel Maps at page 41; thence along said north line, south 89027'20" east 412.24 feet, to the west right of way line of Paso Nogal; thence along said right of way line in a general southerly, southwesterly, and westerly direction 730 feet, more or less, to the northeast right of way line of Alhambra Avenue as shown on said map (5 PM 41); thence along said northeast line in a general southeasterly direction 660 feet, more or less, to the northeastern prolongation of the northern boundary line of Subdivision 3313 recorded February 3, 1965, in Book 102 of Maps at page 14; thence along said prolongation, crossing Alhambra Avenue, south 54029'37"west 80 feet, more or less, to the northeast corner of Subdivision 3313; thence along the boundary thereof as follows: 1) south 54029'37" west 44.2 feet, 2) north 85042'23"west 110.29 feet, 3) south 0008'52" west 172.84 feet, and 4) south 28054'55" west 205.51 feet, to the most northern corner of Subdivision 3274 "Shannon Hills Unit 1" recorded September 26, 1969, in Book 117 of Maps at page 27; thence along the boundary thereof, south 36°07'09" west 90.28 feet and south 53046'24"west 78.11 feet, to the most northern corner of Subdivision 3779 "Shannon Hills Unit 2" recorded November 13, 1968, in Book 125 of Maps at page 3; thence along the boundary thereof, south 5304624" west 63.51 feet and north 89037'46" west 836.89 feet, to the northeast corner of Subdivision 3812 "Shannon Hills Unit 3" filed March 15, 1972, in Book 144 of Maps at page 45; thence along the north line thereof, north 89°37'46" west 1,161.41 feet, to the northeast corner of Subdivision 7243 "Pleasant Hill Country Club" filed July 30, 1992, in Book 362 of Maps at page 36; thence along the boundary thereof, north 89°59' west 779.35 feet, to the northeast corner of Lot 27 in Subdivision 3114 "Walnut Hills Country Club Estates" recorded October 9, 1963, in Book 95 of Maps at page 33; thence along the north line of Lot 27, north 89052'20" west 217.75 feet, to the east line of Lot 28 (95 M 33); thence along said east line, north 19027'29" west 142 feet, to the southeast corner of Subdivision 5157 filed September 21, 1978, in Book 217 of Maps at page 16; thence along the east line thereof, north 19025'03" west 255.64 feet, to the southeast corner of Subdivision 3543 filed November 16, 1966, in Book 113 of Maps at page 31; thence along the boundary thereof as 2 0 0 follows: 1) north 19°26'31" west 1,052.81 feet, 2) south 79051'46" west 727.49 feet, 3) north 10014'43"west 352.52 feet, 4) south 47051'23"west 222.37 feet, 5) south 6023'45" east 231.57 feet, and 6) south 0047'14"west 466.07 feet, to the southwest corner of Subdivision 3543, also being the south corner of the property delineated on the map filed April 28, 1978, in Book 65 of Parcel Maps at page 19; thence along the southwest line thereof in a general northwesterly direction 460 feet, more or less, to the northeastern prolongation of the most northern line of Subdivision 6769 "Hidden Ul Pond" filed October 13, 1988, in Book 326 of Maps at page 22; thence along said prolongation, crossing Reliez Valley Road, south 64048'04" west 50 feet, more or less, to the boundary of Subdivision 6769 filed October 13, 1988, in Book 326 of Maps at page 22; thence along said QD boundary, in a general southwesterly direction 2,532.69 feet and south 1 041'08"west 865.96 feet, to the north line of Subdivision MS 37-88 filed December 14, 1989, in Book 144 of Parcel Maps at , page 14; thence along the boundary thereof, north 88050'38" west 511.03 feet and south 0059'55" west 1,459.73 feet, to the southwest corner thereof on the boundary of APN 365-180-001 described in the Final Order of Condemnation by East Bay Regional Park District (hereinafter referred to as EBRPD) recorded March 15, 1965, in Volume 4823 of Official Records at page 139; thence along the boundary of said condemnation parcel (including APNs 365-180-002 and 004), southwesterly 3,061.66 feet and southerly 3,198.15 feet along the east line of Rancho Boca de la Canada de Pinole, to the northeast corner of APN 365-200-005 described as PARCEL FIVE in the deed to EBRPD recorded February 7, 1966, in Volume 5052 of Official Records at page 508; thence along the boundary of PARCEL FIVE, PARCEL THREE, PARCEL ONE, and PARCEL FOUR in said deed (5052 O.R. 508) in a general westerly direction 12,862.07 feet to the east line of"Garcia Ranch" filed December 10, 1914, in Book 12 of Maps at page 268; thence along the boundary of"Garcia Ranch" as follows: 1) continuing along the boundary of PARCEL FOUR, in a general southerly direction 2,061.71 feet, to the west corner of APN 365-200-002 described as PARCEL TWO in said deed (5052 O.R. 508), 2) along the west line of PARCEL TWO, southerly 723.83 feet, to the north line of APN 365-200-010 described in the deed to EBRPD recorded March 28, 1966, in Volume 5086 of Official Records at page 467, 3) along the boundary of said EBRPD parcel, westerly 784.67 feet, southerly 558.81 feet, and westerly 419.5 feet, to the northeast comer of Subdivision MS 118-76 filed January 26, 1977, in Book 51 of Parcel Maps at page 39, 4) along the north line thereof, south 89°39'09"west 6,743.17 feet, to the northeast corner of APN 267-110-005 described in the deed to John J. Naylor et ux. recorded September 8, 1981, in Volume 10481 of Official Records at page 551, 5) along the north line thereof, westerly 2,626 feet, more or less, to the northeast corner of APN 267- 100-001 described in the Final Order of Condemnation by East Bay Municipal Utility District recorded January 6, 1964, in Volume 4525 of Official Records at page 853, 6) along the north line thereof, westerly 2,008.42 feet, to the east line of Rancho EI Sobrante, 7) along said,east line, northerly 3,465.35 feet, to the south line of Subdivision MS 244-77 filed September 11, 1979, in Book 80 of Parcel Maps at page 35, 8) along the boundary thereof, north 87°18'30" east 2,091 feet and north 1°26'29" east 1,075.51 feet, to the west corner of Subdivision MS 18-91 filed December 29, 1992, in Book 160 of Parcel Maps'at page 33, and 9) along the boundary thereof, north 53031'13" east 2,899.02 feet, north 1 04317" east 195.8 feet, and south 88°50'02" east 420.21 feet, to the southeast comer of Subdivision MS 8-87 filed June 25, 1993, in Book 162 of Parcel Maps at page 25; thence along the boundary of Subdivision MS 8-87, in a general northerly direction 4,892.21 feet to the northeast corner thereof and north 8801013"west 2,856.41 feet, to the northeast corner of APN 362- 120-002 described as PARCEL THREE in the Decree of Final Distribution of the Estate of Frank Pereira recorded January 15, 1957, in Volume 2914 of Official Records at paget04; thence along the north line thereof, westerly 82.5 feet, to the southeast corner of APN 362-120-003 described in PARCEL TWO in said estate (2914 O.R. 504); thence along the boundary of PARCEL TWO as 3 follows: 1) northerly 1,320 feet, 2) easterly 660 feet, 3) northerly 910.8 feet, 4) in a general easterly direction 2,066.78 feet, 5) northerly 3,290.1 feet, and 6) westerly 303.15 feet, to the west line of Subdivision MS 20-70 filed September 3, 1971, in Book 18 of Parcel Maps at page 12; thence along the boundary thereof as follows: 1) northerly 1,038.68 feet, 2) northeasterly 599.55 feet, 3) northerly 1,621.65 feet, and 4) easterly 1,118.96 feet, to Station Post P.R. 29 on the boundary of Rancho el Pinole at the southeast comer of APN 362-060-017 described in the deed to Julio F. Bartolomei 1991 G Revocable Trust recorded February 12, 1992, in Volume 17220 of Official Records at page 312; thence along said rancho boundary, northerly 3,960 feet; to Station Post P.R. 30 at the southeast GJ comer of APN 362-060-014 described in PARCEL FOUR in the deed to Miriam R. Awenius recorded QD April 6, 1989, in Volume 14986 of Official Records at page 503; thence along the east line of :± PARCEL FOUR, northerly 2,640 feet, to Station Post 1/4-S. on the boundary of Rancho Canada del Hambre y las Bolsas at the northeast corner of APN 362-060-007 described in said PARCEL FOUR; thence along the boundary of said rancho, easterly 5,100 feet, to the southwest corner of PARCEL "C" in Subdivision MS 167-76 filed March 8, 1978, in Book 63 of Parcel Maps at page 47 and shown on the Record of Survey fled October 30, 1986, in Book 81 of Licensed Surveyors' Maps at page 12; thence along the west line of PARCEL "C", north 15°21'17"west 992.53 feet, to the northwest corner thereof on the boundary of that 392 acre APN 368-060-002 being a portion of PARCEL 2 described in the deed to EBRPD recorded May 25, 1989, in Volume 15090 of Official Records at page 677; thence along the boundary of said PARCEL 2 as follows: 1) westerly 438.11 feet, 2) in a general northwesterly direction 3,353.53 feet, and 3) in a general northeasterly direction 1,927.46 feet, to the southwest right of way line of Carquinez Scenic Drive, being a curve concave to the northeast having a radius of 100 feet; thence along a radial northeasterly 30 feet, to the centerline of Carquinez Scenic Drive; thence along said centerline in a general northerly direction 1,400 feet, more or less, to the southwestern prolongation of the most northwestern line of that 14.125 acre APN 368-080-003 described as Tract 102 Parcel 1 in the deed to the United States of America recorded June 9, 1980, in Volume 9875 of Official Records at page 634; thence along said prolongation and northwestern line, northeasterly 245 feet, more or less, to the southwest line of Southem Pacific Railroad Company 100 feet wide right of way; thence crossing said railroad right of way, northwesterly 235 feet, more or less, to the most western comer of that 10 acre APN 368-080-002 reconveyed to Henry Kirchman Jr. et al. in the instrument recorded November 28, 1984, in Volume .12081 of Official Records at page 163; thence along the northwest line thereof and its northeastern prolongation, northeasterly 4,000 feet, more or less, into Suisun Bay Carquinez Straits, to the boundary common to Contra Costa and Solano Counties; thence along said common boundary in a general easterly direction 16,500 feet, more or less, to the Point of Beginning. LH:kd gAdericantransmit.exa 7/21/95 END OF DOCUMENt 4 Form 1024.1B DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMEN'T'AL QUALITY ACT (CEQA) FILE NO. 0676-2310-04070 CP NO. q�-4 3 ACTIVITY NAME: General Administration Areas of Benefit Revision DATE: June 29, 1994 PREPARED BY. Janet Frattini This activity is not subject to the California Environmental Quality Act(CEQA)pursuant to Article 5, Section 15061 (b) (3) of the CEQA Guidelines. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. DESCRIPTION OF THE ACTIVITY: The activity consists only of revising existing Areas of Benefit (AOB's)boundaries and creating new AOB's. The AOB's are fee collection mechanisms only that are area specific and based on projected infrastructure needs. Due to changes in the development potential, development pattern, and traffic circulation needs in the County, boundary revisions are needed. Individual AOB's will be created that will have their own ordinance and fee schedules based on their own development potential and traffic circulation needs. The Public Works Department and the Community Development Department will review the fee schedules every January 1 that the AOB's are in effect and will adjust for inflation. The adjustment for inflation is not subject to CEQA. Once sufficient funds have been collected to design a given project, the proposed improvements will be covered by an appropriate project specific CEQA document. Following are representative projects that may occur within AOB's: (1) roadway widening, extensions, or realignments, (2) bridge widening or construction of new bridges, (3) signalization of intersections, upgrade of signals, and/or interconnection of signals, (4) alignment studies for roadways. LOCATION: Portions of West, Central, and South County areas are included (see attached figures). REVIEWED BY: DATE: �=fy Vickie Germany, Environmental Planner APPROVED BY: DATE: c:aobrev.det ommunity Development Representative (form revised 527/93) CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor - North Wing, McBrien Administration 169912 p 4: 53 Martinez, CA 94553-0095 S-L WER- OTh 011MY Telephone: (510) 313-2296 Contact Person: Vickie Germany - PuR WoSrks Dept. er Project Description,Common Name (if any) and Location: GENERAL ADMINISTRATION AREAS OF BENEFIT REVISION, County File #CP 94-43: The activity consists only of revising existing Areas of Benefit (AOB's) boundaries and creating new AOB's. The AOB's are fee collection mechanisms only that are area specific and based on projected infrastructure needs. Due to changes in the development potential, development pattern, and traffic circulation needs in the County, boundary revisions are needed. Individual AOB's will be created that will have their own ordinance and fee schedules based on their own development potential and traffic circulation needs. The Public Works Department and the Community Development Department will review the fee schedules every January 1 that the AOB's are in effect and will adjust for inflation. The adjustment for inflation is not subject to CEQA. Once sufficient funds have been collected to design a given project, the proposed improvements will be covered by an appropriate project specific CEQA document. Following are representative projects that may occur within AOB's: (1) roadway widening, extensions, or realignments, (2) bridge widening or construction of new bridges, (3) signalization of intersections, upgrade of signals, and/or interconnection of signals, (4) alignment studies for roadways. Subject project is located in portions of West, Central, and South County areas. This project is exempt from CEOA as a: Ministerial Project (Sec. 15268) _ Other Statutory Exemption, Section _ Declared Emergency (Sec. 15269(a)) XX General Rule of Applicability(Section 15061(b)(3)) Emergency Project (Sec. 15269(b) or (c)) Categorical Exemption, Class_ Section _ This activity is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061(b)(3) of the CEQA Guidelines. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on th en vi nment. Date: December 12. 1994 By: om Dev p t `Department Representative AFFIDAVIT OF HUNG _ ,OND POSTING 1 declare that-on DEC 2 Md I received and posted this notice as required by California Public Resources/ Cpdp Section 21152(c). Said notice will remain posted for 30 days from the filing date. Ili`-1 i DEPUTY COUNTY CLERK �Signiture Title Applicant: County Public Works Department Department of Fish and Game Fee - Exempt 255 Glacier Drive Martinez, CA 94553 County Clerk Fee $25 Due Receipt # Attn: Janet Frattini ty f r o o. 77 Z P > �»• 7 t7't1 G -- b ^ 'n ?_'� mcwi m slrn { CD c T m . � ��p q� � 6 � � yJ rn � �t+ �,,,Z• pn 61 N � m 40 T y N to ID v O D 0 to ♦ p sy m O 9 01 .1p' n � �� .Z d W � 7• �' Q � m Z (o) 0 OC C? a, to'eft CD (fl 6 p .J cn m O c 2 Q a T T C� z c� ADOPTED BY BOARD OF SUPERVISORS ON AUGUST 8, 1995 DEVELOPMENT PROGRAM REPORT FOR THE MARTINEZ AREA OF BENEFIT PROVIDING FUNDING FOR CONSTRUCTION OF MAJOR THOROUGHFARE IMPROVEMENTS IN THE MARTINEZ AREA PREPARED PURSUANT TO SECTION 913 COUNTY ORDINANCE CODE CONTRA COSTA COUNTY PUBLIC WORKS AND COMMUNITY DEVELOPMENT DEPARTMENTS August 8, 1995 DEVELOPMENT PROGRAM REPORT FOR THE MARTINEZ AREA OF BENEFIT PURSUANT TO THE BRIDGE CROSSING AND MAJOR THOROUGHFARES FEE AREA POLICY INTRODUCTION AND PURPOSE The Martinez Area of Benefit is a development program to maintain and improve the capacity and safety of the arterial road network in the unincorporated Martinez area of Contra Costa County. This ordinance applies to all new development within the unincorporated area of this Area of Benefit. This Development Program Report is required by the Board of Supervisors Policy on Bridge Crossings and Major Thoroughfare Fees (adopted July 17, 1979) which implements Division 913 of the County Ordinance Code and Section 66484 of the State Subdivision Map Act. One of the objectives of the County General Plan is to relate new development directly to the provision of community facilities necessary to serve that development. In other words, development cannot be allowed to occur unless a mechanism is in place to provide the funding for the infrastructure necessary to serve that development. The Martinez Area of Benefit is a means of providing funds to construct road improvements to serve new residential, commercial and industrial development. Requiring that all new development pay a road improvement fee will help ensure that they participate in the cost of improving the road system. Each new development or expansion of an existing development will generate new traffic. Where the existing road system is inadequate to meet future needs based on new development, improvements are required to meet the new demand. The purpose of this program is to determine improvements ultimately required by future development and to require developers to pay a fee to fund these improvements. Because the fee is based on the relative impact on the road system and the costs of the necessary improvements to mitigate this impact, the fee amount is roughly proportional to the development impact. This report discusses the basis of that fee amount. BACKGROUND The Countywide Area of Benefit was first adopted by the Board of Supervisors on March 15, 1988 (Resolution 88/122 and Ordinance 88-27), to improve the capacity and safety of the arterial road network in Contra Costa County through the establishment of a traffic mitigation fee. The Countywide Area of Benefit was divided into seven regions. Some of these regions were further divided into subareas. The seven regions were named West County, Central County, Lamorinda, Alamo, South County, East County, and Bethel Island. The Central County region was further divided into four subareas, named Briones, Martinez, South Walnut Creek, and Central County. The Martinez Area of Benefit involves two of these subareas, Briones and Martinez. There was a separate fee schedule established for each region of the Countywide Area of Benefit. Fees collected within each subarea are held in a separate trust fund account specific to that subarea. In 1993, the Countywide Area of Benefit was replaced by seven Regional Area&=of Benefit. These seven Regional Areas of Benefit used the same boundaries, development potentials, projects, and fees of the seven regions of the Countywide Area of Benefit formed in 1988. Ordinance 93-22 adopted by the Board of Supervisors on March 9, 1993 replaced and repealed Ordinance 88-27. The 2 BACKGROUND (CONTINUED) formation of individual Areas of Benefit based on the subareas of the Regional Areas of Benefit will allow Public Works Department staff to update and administer these regions more efficiently. The Development Program Report and Area of Benefit fees reflect the estimated cost of projects that will meet the projected traffic circulation needs of the area, based upon existing conditions and projecting the impact of future development. The Martinez subarea boundaries have been modified slightly to include a portion of the Briones subarea, an area west of the southerly portion of the existing boundaries, generally following Alhambra Valley Road until after its intersection with Main Road. This is being done in an effort to connect development in the Martinez Area with its impact upon the infrastructure of this region. Of the three original projects from the Countywide Area of Benefit, one has been annexed into the City of Martinez, and two have had significant changes to their cost estimates. There are also two new projects, one warranted by potential development and the other, the sole project of the former Briones subarea. The funds in the trust account for the Briones subarea will therefore be transferred into the trust account for the Martinez Area of Benefit. These changes to the project list and boundary, along with a change in the development potential, have led to a new fee schedule. AREA OF BENEFIT - LOCATION Figure 1 shows the general location of the Area of Benefit within Contra Costa County. AREA OF BENEFIT BOUNDARY The Area of Benefit boundary is shown in Figure 2 and described in Exhibit A. COMPLIANCE WITH SECTION 66001 (a) OF THE GOVERNMENT CODE 1) PURPOSE OF THE FEE The purpose, of this Area of Benefit is to generate monies through the adoption of a traffic mitigation fee to ensure a roadway network consistent with current and future transportation needs. By adoption of this fee, the proposed road improvement system will be able to keep pace with new growth. 2) USE OF THE FEES The fees will be used to generate monies to pay for the road improvements described in Exhibit B. This proposed Area of Benefit will only finance the minimum interim roadways needed to meet traffic level of service and safety demands. Amenities.which do not have a direct effect on capacity, such as general lighting, extensive longitudinal storm drain systems, and sidewalks, are not included. These improvements are considered as frontage improvements by the Board of Supervisors and as such are the responsibility of the owners of the adjacent properties and may be provided through development conditions of approval, or by other future means such as additional fees or assessment districts. 3 COMPLIANCE WITH SECTION 66001 (a) OF THE GOVERNMENT CODE (continued) 3) RELATIONSHIP BETWEEN USE OF FEES AND TYPE OF DEVELOPMENT PROJECT The road improvement projects for which the fees will be used are necessary for the improvement of the safety and capacity of the road network serving the unincorporated Martinez area, as determined by future growth allowed for in the General Plan. The road network is outlined in the Circulation Element of the General Plan. 4) RELATIONSHIP BETWEEN NEED FOR ROAD IMPROVEMENTS AND TYPE OF DEVELOPMENT A peak trip generation factor has been associated for each type of development outlined in this program report. These factors are industry standards obtained from the Institute of Transportation Engineers,_Trip Generation, 5th Edition. The proposed fee is based on distributing the cost of the Area of Benefit road improvement program to new development in proportion to the number of peak hour trips generated by the particular type of new development. All new development will be required to pay a fee to fund the needed roadway improvements. GENERAL PLAN RELATIONSHIP The basis for the Martinez Area of Benefit is derived from the features of the County General Plan and its amendments, and subscribes to the policies of the General Plan elements. The General Plan and its various elements are available for review at the Community Development Department, County Administration Building, 651 Pine Street, Martinez, during office hours. ROAD NETWORK CAPACITY IMPROVEMENT PLAN The road network capacity improvement program was developed using the Circulation Element and the development potential identified by the County General Plan. The road improvements will be funded and constructed in conjunction with the development of property within the Area of Benefit. The proposed projects however, are only partially funded by Martinez Area of Benefit fees. The rate of revenue generated within the Martinez Area of Benefit is dependent on the rate of new development. This affects the timing of the construction of an Area of Benefit project as it is dependent on the total amount of fees collected less expenditures. Other sources of funding (State or Federal aid, or local sources such as sales tax, gas tax, etc...) will be pursued. The proposed road improvements will help to provide the capacity needed to serve the estimated potential development and future traffic volumes in the Martinez area. This Area of Benefit will finance only the minimum interim roadways needed to meet traffic level of service and safety demands. The road capacity improvement proposed by the Martinez Area of Benefit will be reviewed periodically to assess the impacts of changing travel patterns, the rate of development, and the adequacy of the estimated project costs. 4 DEVELOPMENT POTENTIAL WITHIN THE AREA OF BENEFIT The development potential for the Area of Benefit was estimated by the County Public Works Department using the General Plan and other resources provided by the County Community Development Department. A summary of the potential new residential dwelling units, and commercial, office, and industrial development is shown in Table 1. Table 1 Development Potential Category Floor Area Or Units Single Family Residential 74 Dwelling Units Multi-Family Residential 66 Dwelling Units Commercial 47,960 Square Feet Office 20,000 Square Feet Industrial 217,661 Square Feet Light Industrial 29,377 Square Feet ESTIMATED COST OF ROADWAY NETWORK IMPROVEMENTS The estimated Martinez Area of Benefit contribution shown in Exhibit B is only a portion of the total project cost. The area of benefit will not fund items which do not have a direct effect on safety or capacity, such as general lighting, extensive longitudinal storm drain systems, and sidewalks. The area of benefit will only.finance the proportional share of the road improvements necessitated by the impact on the road system from new development. The estimated Martinez Area of Benefit contribution has been increased by 2% to cover the cost of administration. This includes the estimated staff time for fee collection, accounting, and technical support to the community groups and traffic advisory committees. The total cost of the projects listed in Exhibit B is estimated at approximately $7.86 million dollars. The Martinez Area of Benefit will generate approximately $1.56 million by the target date, the year 2015. The unencumbered balance of the Martinez subarea of the Central County Regional Area of Benefit is approximately $525,000 and the unencumbered balance of the Briones subarea is approximately $246,600. BASIS FOR FEE APPORTIONMENT The concept of an area of benefit is the equitable distribution of road improvement costs to new development from which future traffic impacts will arise. As traffic impacts are directly related to the total number of vehicles on the road network, we are able to relate development road fees to the number of vehicle trips associated with a particular category of development. The six categories of land use for which a fee will be assessed in the Martinez Area of Benefit, are: single and multi-family residential, commercial, office, industrial and "other". The total estimated Area of Benefit share of the project costs is divided by the sum of the peak hour trips generated by each category. In the residential categories, the cost is equally distributed between all dwelling units. In the non- residential categories, the cost is distributed on the basis of each square foot of gross floor area. For the "other' category, the fee would be based on the number of peak hour trips generated by 5 BASIS FOR FEE APPORTIONMENT (continued) the particular type of development. A traffic report prepared by a licensed engineer and reviewed by the Public Works Department would be required to analyze the project's impact during the peak traffic hours. The project would then be charged the peak hour trip rate for the Area of Benefit, multiplied by the number of peak hour trips identified in the traffic report. The Board of Supervisors' Bridge Crossing and Major Thoroughfares Fee Policy, adopted July 17, 1979, excluded areas designated in the County General Plan as Agricultural Preserve and Open Space. This policy has been interpreted to exclude all properties zoned agricultural because minor subdivisions and lot splits of such properties are often not for the purpose of new construction. Fees will be charged on these lands only when a building permit for new construction is applied for. CALCULATION OF FEES The costs of the road improvement program have been distributed to each land use category in proportion to the number of peak hour trips generated by that category. The fee calculation is shown below in Table 2. Table 2 Martinez Area of Benefit Fee Calculation Land Use Units or Peak Hour Trips %Trips Cost Share Fee Square Factor Feet Single Family 74 1.0 74 15.9% $248,354 $3,357 Multi-Family 66 0.8 53 11.4% $177,875 $2,696 Commercial 47,960 0.0025 120 25.8% $402,735 $8.40 Office 20,000 0.0016 32 6.9% $107,396 $5.37 Industrial 217,661 0.0007 153 32.9% $513,488 $2.36 Light Industrial 29,377 0.0011 33 7.1% $110,752 $3.77 Other I 1 1 $3,357 TOTAL 465 1 100.0% 1 $1,560,600. RECOMMENDED FEES The recommended fees for the Martinez Area of Benefit, resulting from the above calculations, are shown below. Single Family Residential: $3,357 per dwelling unit Multi-Family Residential: $2,696 per dwelling unit Commercial: $8.40 per SF of gross floor area Office $5.37 per SF of gross floor area=_ Industrial $2.36 per SF of gross floor area __. Light Industrial $3.77 per SF of gross floor area Other: $3,357 per peak hour trip 6 REVIEW OF FEES Project cost estimates will be reviewed periodically while the Martinez Area of Benefit is in effect. The fee schedule shall be adjusted annually to account for inflation using the State of California Construction Cost Index as published annually by the California Department of Transportation. At no time will the fee schedule be increased at a rate of more that 5% per year for inflation. COLLECTION OF FEES Fees shall be collected when the building permit is issued in accordance with Section 913-4.204 of Title 9 (Subdivisions) of the Contra Costa County Ordinance Code. Fees collected will be deposited in an interest bearing account already established by the Board of Supervisors on March 15, 1988. This trust fund account was set up for the Martinez subarea of the Central County Region of the Countywide Area of Benefit. INTEREST ON FEES The interest accrued on the fees collected in the Martinez Area of Benefit, shall continue to accumulate in the trust account and shall be used for purpose of administration, design and construction of the fee area improvements. IN LIEU DEDICATION A development may be required to construct a portion of the road improvements identified in Exhibit B. In such a case the developer may be eligible to receive credit or reimbursement toward the Area of Benefit fee. The developer should contact the Public Works Department prior to the commencement of construction to determine the eligibility of the road improvement. HJB:MUds c:MTZrep.t12 Attachments 7 Tow Ul up ul ul ca uo 0 cc 30 % 15 ul Ul tul 1 -1 ul 0 112 cr. ul U3 0 cr. C) cc Ul MARTINEZ AREA OF BENEFIT �' Port Chi CRO CKETT B EN t C I A V_ _p F s e� Pt ` --Avon 5 . i Costo `r Cl 4, f MALLARD y JOHN MARTINEZ RES _ s La 4X �C° / f- G SUCH N d y H7ER O�CORD AV ® PROPOSED ADDITION • ° `- DITTO <-•� � � NOGAl / 9� S ��' CO A48 o / R0 P CONCOR 1100' '000" D `.68 / J� / -t O� JO / - v v �. p EGORY PLEASANT ANE N HILL nj O� 0 K PARK RD y '✓ 0 Q `GEARY RD WALNUT w RFS � - CREEK CC CREEK NOT TO SCALE r >o =z `: LAFAYETTE PO u j 9 � `i 0 o 0 REl1EZ n� 0� Z-` Da EXCLUDING THEREFROM: INCORPORATED CITIES \ �f F FIGURE 2 ` �` `�\\ Boundary Description Martinez Area of Benefit EXHIBIT "A" A portion of north central Contra Costa County, California, bounded on the north by Solano County, bounded on the northeast by Walnut Creek Flood Control Channel, and described as follows: Beginning in Suisun Bay Carquinez Straits on the boundary common to Contra Costa and Solano Counties at the northern prolongation of the centerline of Walnut Creek Flood Control Channel; thence from the Point of Beginning along said prolongation, south 23°28'34" east 1,150 feet, more or less, to the outfall of said channel; thence along said centerline in a general southerly direction 20,262.54 feet to a curve concave to the southwest, having a radius of 5,000 feet, and being distant radially north 56°15'04" east 208 feet from Contra Costa County Flood Control and Water Conservation District Monument#68108; thence continuing along said centerline, being the arc of said curve, southeasterly 460 feet, more or less, to the centerline of State Highway Route 4; thence non-tangent along said highway centerline in a general westerly direction 5,925 feet, more or less, to the boundary of the City of Martinez; thence along said boundary, southwesterly 250 feet, more or less, to the northwest line of that 2.25 acre Assessor Parcel Number (hereinafter referred to as APN) 125-200-001 described as PARCEL 1 in the Final Order of Condemnation by the State of California recorded March 20, 1958, in Volume 3137 of Official Records at page 554; thence along said northwest line, south 33040' west 271.4 feet, to the north right of way line of Vine Hill Road; thence crossing said road, southerly 41 feet, more or less, to the northwest corner of APN 125-193- 028 described in the Partial Release and Reconveyance to Contra Costa County Water District recorded February 17, 1961, in Volume 3807 of Official Records at page 278; thence along the west line thereof, southerly 44 feet, to the northwest corner of Lot 115 in "Beckett Acres Unit No. 2", a subdivision recorded April 22, 1954, in Book 53 of Maps at page 37; thence along the boundary of said subdivision in a general southerly direction 1,397.65 feet to the southwest corner thereof on the boundary of Tract 2024 recorded March 24, 1955 in Book 57 of Maps at page 26; thence along the boundary of Tract 2024, south 88028'58"west 25.83 feet and in a general southerly direction 634.69 feet, to the boundary of Tract 2632 recorded August 7, 1958, in Book 70 of Maps.at page 34; thence along the boundary of Tract 2632, south 24023'13" east 305.28 feet and south 54051'15" east 50 feet, to the boundary of Tract 2024 (57 M 26); thence along the boundary of Tract 2024, south 54051'15"east 62.93 feet, north 8905939" east 79.01 feet, and south 00 14'50" west 560.61 feet, to the north right of way line of Center Avenue; thence continuing south 0°14'50" west 80 feet, more or less, to the south right of way line of Center Avenue; thence along said south line in a general westerly direction 970 feet, more or less, to the east right of way line of Contra Costa Canal; thence along said canal right of way in a general southerly direction 813.41 feet to a 6" concrete monument shown on the Record of Survey filed June 19, 1962, in Book 20 of Licensed Surveyors' Maps at page 15; thence continuing along said canal right of way shown as U.S.A. (461 O.R. 391) on said map, south 1048' east 250.5 feet and south 57042' east 116.83 feet, to the west right of way line of High Street; thence along said west line, southerly 95 feet, more or less, to the eastern prolongation of the north line of Subdivision 6313 "Hidden Lakes Unit 8"filed June 6, 1983, in Book 270 of Maps at page 20; thence along said prolongation, north 88055'05" west 170 feet, to the northeast corner of said 10 subdivision; thence along the east line thereof, south 1°04'02"west 738 feet, to the most eastern line of Subdivision 4964"Hidden Lakes Unit 3"filed July 9, 1979, in Book 226 of Maps at page 30; thence along the boundary thereof, south 1°04'01"west 682 feet and south 89°37'28"west 598.94 feet, to the southwest comer of Subdivision 4964 on the north line of Subdivision MS 12-79 filed September 5, 1980, in Book 89 of Parcel Maps at page 6; thence along said north line, westerly 725 feet, more or less, to the northeast corner of that 3.5 acre APN 154-150-007 described in the deed to Contra Costa County Water District recorded February 20, 1967, in Volume 5309 of Official Records at page 201; thence along the north line thereof, westerly 537.41 feet, to the northeast corner of Subdivision 5126"Diablo Valley Estates Unit 1"filed February 15, 1978, in Book 208 of Maps at page 1; thence along the boundary thereof, south 89044'06"west 1,227.72 feet, south 8.16 feet, and north 87046'18" west 479.86 feet, to the northeast corner of that 10 acre APN 154-130-037 described in the deed to Davidon Five Star Corporation recorded December 19, 1986, in Volume 13332 of Official Records at page 973; thence along the north line thereof, westerly 660 feet, to the north line of Subdivision 5132 "Valley High Unit 2"filed December 1, 1981, in Book 261 of Maps at page 7; thence along the boundary thereof, north 87033'13"west 286.28 feet, north 89009'34"west 1,322.61 feet, and south 47°22'59" west 374.11 feet, to the most western corner of Subdivision 5132 on the boundary of Subdivision 3556 "Valley High Unit II"filed August 21, 1968, in Book 122 of Maps at page 27; thence along said boundary, south 4702259"west 1,336.63 feet and south 21°29'51" east 121.1 feet, to the north corner of the Record of Survey filed September 18, 1967, in Book 49 of Licensed Surveyors' Maps at page 31; thence along the boundary thereof, south 61°08'20" east 419.07 feet and south 20010'53"west 656.87 feet, to the northeast right of way line of Alhambra Avenue; thence along said northeast line in a general southeasterly direction 4,900 feet, more or less, to the north line of Parcel "B"shown on the map filed September 30, 1968, in Book 5 of Parcel Maps at page 41; thence along said north line, south 89°27'20" east 412.24 feet, to the west right of way line of Paso Nogal; thence along said right of way line in a general southerly, southwesterly, and westerly direction 730 feet, more or less, to the northeast right of way line of Alhambra Avenue as shown on said map (5 PM 41); thence along said northeast line in a general southeasterly direction 660 feet, more or less, to the northeastern prolongation of the northern boundary line of Subdivision 3313 recorded February 3, 1965, in Book 102 of Maps at page 14; thence along said prolongation, crossing Alhambra Avenue, south 54029'37"west 80 feet, more or less, to the northeast corner of Subdivision 3313; thence along the boundary thereof as follows: 1) south 54°2937"west 44.2 feet, 2) north 85042'23"west 110.29 feet, 3) south 0008'52" west 172.84 feet, and 4) south 2805455" west 205.51 feet, to the most northern corner of Subdivision,3274 "Shannon Hills Unit 1" recorded September_26, 1969, in Book 117 of Maps at page 27; thence along the boundary thereof, south 36°07'09" west 90.28 feet and south 53046'24"west 78.11 feet, to the most northern corner of Subdivision 3779 "Shannon Hills Unit 2" recorded November 13, 1968, in Book 125 of Maps at page 3; thence along the boundary thereof, south 53°46'24" west 63.51 feet and north 8903746" west 836.89 feet, to the northeast corner of Subdivision 3812 "Shannon Hills Unit 3" filed March 15, 1972, in Book 144 of Maps at page 45; thence along the north line thereof, north 89037'46" west 1,161.41 feet, to the northeast corner of Subdivision 7243"Pleasant Hill Country Club" filed July 30, 1992, in Book 362 of Maps at page 36; thence along the boundary thereof, north 89°59' west 779.35 feet, to the northeast corner of Lot 27 in Subdivision 3114 "Walnut Hills Country Club Estates" recorded October 9, 1963, in Book 95 of Maps at page 33; thence along the north line of Lot 27, north 89°52'20"west 217.75 feet, to the east line of Lot 28 (95 M 33); thence along said east line, north 19027'29" west 142 feef to the southeast corner of Subdivision 5157 filed September 21, 1978, in Book 217 of Maps at page 16; thence along the east line thereof, north 1902603" west 255.64 feet, to the southeast corner of Subdivision 3543 filed November 16, 1966, in Book 113 of Maps at page 31; thence along the boundary thereof as 11 follows: 1) north 1902631" west 1,052.81 feet, 2) south 79051'46" west 727.49 feet, 3) north 10°14'43"west 352.52 feet, 4) south 47051'23"west 222.37 feet, 5) south 6°2345" east 231.57 feet, and 6) south 047'14"west 466.07 feet, to the southwest corner of Subdivision 3543, also being the south corner of the property delineated on the map filed April 28, 1978, in Book 65 of Parcel Maps at page 19; thence along the southwest line thereof in a general northwesterly direction 460 feet, more or less, to the northeastern prolongation of the most northern line of Subdivision 6769 "Hidden Pond" filed October 13, 1988, in Book 326 of Maps at page 22; thence along said prolongation, crossing Reliez Valley Road, south 64°48'04" west 50 feet, more or less, to the boundary of Subdivision 6769 filed October 13, 1988, in Book 326 of Maps at page 22; thence along said boundary, in a general southwesterly direction 2,532.69 feet and south 1"41'08" west 865.96 feet, to the north line of Subdivision MS 37-88 filed December 14, 1989, in Book 144 of Parcel Maps at page 14; thence along the boundary thereof, north 88050'38" west 511.03 feet and south 0059'55" west 1,459.73 feet, to the southwest corner thereof on the boundary of APN 365-180-001 described in the Final Order of Condemnation by East Bay Regional Park District (hereinafter referred to as EBRPD) recorded March 15, 1965, in Volume 4823 of Official Records at page 139; thence along the boundary of said condemnation parcel (including APNs 365-180-002 and 004), southwesterly 3,061.66 feet and southerly 3,198.15 feet along the east line of Rancho Boca de la Canada de Pinole, to the northeast corner of APN 365-200-005 described as PARCEL FIVE in the deed to EBRPD recorded February 7, 1966, in Volume 5052 of Official Records at page 508; thence along the boundary of PARCEL FIVE, PARCEL THREE, PARCEL ONE, and PARCEL FOUR in said deed (5052 O.R. 508) in a general westerly direction 12,862.07 feet to the east line of"Garcia Ranch"filed December 10, 1914, in Book 12 of Maps at page 268; thence along the boundary of"Garcia Ranch" as follows: 1) continuing along the boundary of PARCEL FOUR, in a general southerly direction 2,061.71 feet, to the west corner of APN 365-200-002 described as PARCEL TWO in said deed (5052 O.R. 508), 2) along the west line of PARCEL TWO, southerly 723.83 feet, to the north line of APN 365-200-010 described in the deed to EBRPD recorded March 28, 1966, in Volume 5086 of Official Records at page 467, 3) along the boundary of said EBRPD parcel, westerly 784.67 feet, southerly 558.81 feet, and westerly 419.5 feet, to the northeast comer of Subdivision MS 118-76 filed January 26, 1977, in Book 51 of Parcel Maps at page 39, 4) along the north line thereof, south 89039'09"west 6,743.17 feet, to the northeast corner of APN 267-110-005 described in the deed to John J. Naylor et ux. recorded September 8, 1981, in Volume 10481 of Official Records at page 551, 5) along the north line thereof, westerly 2,626 feet, more or less, to the northeast corner of APN 267- 100-001 described in the Final Order of Condemnation by East Bay Municipal Utility District recorded January 6, 1964, in Volume 4525 of Official Records at page 853, 6) along the north line thereof, westerly 2,008.42 feet, to the east line of Rancho EI Sobrante, 7) along said east line, northerly 3,465.35 feet, to the south line of Subdivision MS 244-77 filed September 11, 1979, in Book 80 of Parcel Maps at page 35, 8) along the boundary thereof, north 87018'30" east 2,091 feet and north 1 026'29" east 1,075.51 feet, to the west corner of Subdivision MS 18-91 filed December 29, 1992, in Book 160 of Parcel Maps at page 33, and 9) along the boundary thereof, north 53031'13" east 2,899.02 feet, north 1"4317" east 195.8 feet, and south 88050'02" east 420.21 feet, to the southeast corner of Subdivision MS 8-87 filed June 25, 1993, in Book 162 of Parcel Maps at page 25; thence along the boundary of Subdivision MS 8-87, in a general northerly direction 4,892.21 feet to the northeast corner thereof and north 8801013"west 2,856.41 feet, to the northeast corner of APN 362- 120-002 described as PARCEL THREE in the Decree of Final Distribution of the Estate of Frank Pereira recorded January 15, 1957, in Volume 2914 of Official Records at page 504; thence along the north line thereof, westerly 82.5 feet, to the southeast corner of APN 362-120-003 described in PARCEL TWO in said estate (2914 O.R. 504); thence along the boundary of PARCEL TWO as 12 • follows: 1) northerly 1,320 feet, 2) easterly 660 feet, 3) northerly 910.8 feet, 4) in a general easterly direction 2,066.78 feet, 5) northerly 3,290.1 feet, and 6) westerly 303.15 feet, to the west line of Subdivision MS 20-70 filed September 3, 1971, in Book 18 of Parcel Maps at page 12; thence along the boundary thereof as follows: 1) northerly 1,038.68 feet, 2) northeasterly 599.55 feet, 3) northerly 1,621.65 feet, and 4) easterly 1,118.96 feet, to Station Post P.R. 29 on the boundary of Rancho'el Pinole at the southeast corner of APN 362-060-017 described in the deed to Julio F. Bartolomei 1991 Revocable Trust recorded February 12, 1992, in Volume 17220 of Official Records at page 312; thence along said rancho boundary, northerly 3,960 feet; to Station Post P.R. 30 at the southeast comer of APN 362-060-014 described in PARCEL FOUR in the deed to Miriam R. Awenius recorded April 6, 1989, in Volume 14986 of Official Records at page 503; thence along the east line of PARCEL FOUR, northerly 2,640 feet, to Station Post 1/4-S. on the boundary of Rancho Canada del Hambre y las Bolsas at the northeast corner of APN 362-060-007 described in said PARCEL FOUR; thence along the boundary of said rancho, easterly 5,100 feet, to the southwest corner of PARCEL "C" in Subdivision MS 167-76 filed March 8, 1978, in Book 63 of Parcel Maps at page 47 and shown on the Record of Survey filed October 30, 1986, in Book 81 of Licensed Surveyors' Maps at page 12; thence along the west line of PARCEL"C", north 1502117"west 992.53 feet, to the northwest corner thereof on the boundary of that 392 acre APN 368-060-002 being a portion of PARCEL 2.described in the deed to EBRPD recorded May 25, 1989, in.Volume 15090 of Official Records at page 677; thence along the boundary of said PARCEL 2 as follows: 1) westerly 438.11 feet, 2) in a general northwesterly direction 3,353.53 feet, and 3) in a general northeasterly direction 1,927.46 feet, to the southwest right of way line of Carquinez Scenic Drive, being a curve concave to the northeast having a radius of 100 feet; thence along a radial northeasterly 30 feet, to the centerline of Carquinez Scenic Drive; thence along said centerline in a general northerly direction 1,400 feet, more or less, to the southwestern prolongation of the most northwestern line of that 14.125 acre APN 368-080-003 described as Tract 102 Parcel 1 in the deed to the United States of America recorded June 9, 1980, in Volume 9875 of Official Records at page 634; thence along said prolongation and northwestern line, northeasterly 245 feet, more or less, to the southwest line of Southern Pacific Railroad Company 100 feet wide right of way; thence crossing said railroad right of way, northwesterly 235 feet, more or less, to the most western corner of that 10 acre APN 368-080-002 reconveyed to Henry Kirchman Jr. et al. in the instrument recorded November 28, 1984, in Volume 12081 of Official Records at page 163; thence along the northwest line thereof and its northeastern prolongation, northeasterly 4,000 feet, more or less, into Suisun Bay Carquinez Straits, to the boundary common to Contra Costa and Solano Counties; thence along said common boundary in a general easterly direction 16,500 feet, more or less, to the Point of Beginning. LH:kd gAclerical\transmit.exa 7/21/95 13 Exhibit B Martinez AOB Project List Estimated AOB Share *No. Name Description Contribution 1 Alhambra Valley Road Safety and capacity improvements $700,000 from Martinez City Limits to Ferndale Road 2 Alhambra Valley Road Realign curves at Main Road and $400,000 Ferndale Road 3 Pacheco Boulevard Realign grade crossing with AT&SF $300,000 4 Pacheco Boulevard Widen to four lane arterial standard $900,000 *Projects are not listed by priority Martinez Area Of Benefit "share" $2,300,000 Existing Martinez Subarea Balance -$523,400 Existing Briones Subarea Balance -$246,600 Project Funding to be Provided by New Development $1,530,000 2% Administration +$30,600 Total Revenue to be Provided by New Development $1,560,600 14 DATE: �Z S RE#FST TO .SPEAK FAM (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. NAME: T115 4?iA Zz. PHONE: qAS-6069 ADDRESS: I_IyGL'3 S• 1�J07/J L(f CITY: W htI11 u L - I am speaking for myself OR organization: V iDQQ 0C E> Check one: (NAME OF ORGANI7_kTION) I wish to speak on Agenda Item # 2- My My comments will be: general ,� for against . I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider. 1 � TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: July 18, 1995 SUBJECT: Set Date for Public Hearing to Form the Martinez Area of Benefit. SPECIFIC REQUESTS) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION I. Recommended Action: FIX August 8, 1995 at 9:45 a.m. for a public hearing to form the Martinez Area of Benefit and DIRECT the Public Works Director to give notice of the hearing and to file a copy of the Development Program Report for the Martinez Area of Benefit with the Clerk of the Board in accordance with Government Code Sections 65091 and 66484. II. Financial Impact: The formation of the Martinez Area of Benefit will have no financial impact on the General Fund. The funds collected will be deposited in a trust fund account specific to the improvements to be funded by the Martinez Area of Benefit. Ill. Reasons for Recommendations and Background: The unincorporated areas of Contra Costa County adjacent to the City of Martinez has and will experience significant growth under the current general plan. The proposed projects to be partially funded by this fee program include: safety and capacity improvements along Alhambra Valley Road; curve realignment at Alhambra Valley Road and Main Road and Ferndale Road; realignment of grade crossing of Pacheco Boulevard at AT&SF; and widening of Pacheco Boulevard between Morello Avenue and Arthur Road. 1V. Consequences of Negative Action: Failure to implement the Martinez Area of Benefit will result n to er revenue and the funding of future projects may be delayed. Continued on Attachment: SIGNATURE: Cl �tiJ I,ti4� _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON 1%11gg5 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT XT_ ) AYES: NOES: ABSENT: ABSTAIN: ML:ds:eh g:\transeng\ml\BO11AOBM.t7 :e:y certify that this is a true and correct copy of Orig. Div: Public Works(T/E) an Ection taken and entered on the minutes of the Contact: Martin Lysons,Tel.313-2295 Board of Supervisors on the date shown. cc: M. Shiu,Deputy Public Works Director ATTESTED. L 13. Ian ti Community Development-G. Slusher PHIL BA HE R,C ark of the Board Auditor/Controller of Supervisors and County Administrator Public Works Accounting , Design-V. Germany Deputy DAVIDON HOMES SD. RECEIVED AUG 71995 August 7, 1995 CLERK BOARD OF SUPERVISORS CONTRA "OS"M Honorable Chair and Members of the Board of Supervisors c/o Mr. Phil Batchelor Clerk of the Board of Supervisors Contra Costa County 651 Pine Street, Room 106 Martinez, CA 94553 Protest to Martinez Area of Benefit August 8, 1995 Agenda Honorable Supervisors: By this letter Davidon Development Company protests the formation of the Martinez Area of Benefit pursuant to Contra Costa County Code section 913-6.016, and objects to any fee increases. This letter is intended to be made part of the record of proceedings for this matter. In the past the County has exempted lots that have paid traffic mitigation fees from paying increased fees. Specifically the County took this position with the approval of the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee Program as adopted on April 19, 1994, see attached Exhibit "A"" A. Background: Davidon is developing Subdivisions 7151, 7820 and 7821, which were approved by the County and which are within the Central County Area of Benefit. Davidon Development Company is the owner of this property as shown on the last equalized assessment roll. Legal descriptions of these properties are attached as Exhibit `B"to this letter and are incorporated herein by this reference. All three of our Subdivisions were approved by the County under one vesting Tentative Map. A condition of approval of the Map was that Davidon comply with the Bridge Thoroughfare Fee Ordinance for the Countywide Area of Benefit. The County required that the Thoroughfare Fees be paid at the time of final may approval. Davidon has complied with this condition for each of its three Subdivisions and has already paid these Fees. The County now proposes to increase those Fees; and there has been some suggestion that the County may require that Davidon again pay the Fees - to the extent of the increase -when Davidon seeks building permits. 1600 SOUTH MAIN STREET, SUITE 150, WALNUT CREEK, CALIFORNIA 94596-5394 TELEPHONE (510) 945-8000 - FACSIMILE (510) 256-0140 We understand that this Board will consider later this year whether the County will in fact impose the Thoroughfare Fees twice on Subdivisions such as Davidon's. However, the County is proposing to adopt the resolution that increases the Fees now, pursuant to code sections that provide that the fees shall apply to all property within the area, without providing for exemptions for Davidon's property. (See County Code sections 913-0.010 and 913-6.012.) Accordingly, Davidon must protest at this early point, before you have had a chance to address and resolve this issue. B. Basis of Protest The "Martinez Area of Benefit" is simply a new name for certain subareas of the Central County Regional Area of Benefit, as the Notice of Public Hearing advises. Since Davidon already paid all existing Central County Regional Area of Benefit fees, the action before the Board represents an increase of those fees. Davidon Homes has vested rights against increased or new fees pursuant to the vesting map provision of the Subdivision Map Act. Imposing this fee increase on Davidon's property would infringe on these rights. Imposing this fee increase would also violate Government Code section 65961, the"one bite of the apple" rule. Further, Government Code section 66484, the Bridge and Major Thoroughfare statute, provides that the fees shall be payable"as a condition of approval of a final map or as a condition of issuing a building permit." However, if the County were to require payment at both stages, it would turn the disjunctive"or" into a conjunctive "and" in violation of this section. See, Griffis v. County of Mono, 163 Cal. App. 3d 414 (1985) (court invalidated local ordinance that purported to restrict rights granted developers under the Map Act). Finally, the fee increase cannot be applied to Davidon because there is an insufficient nexus between the purpose of the fee and Davidon's project. Under the takings clauses of the United States and California Constitutions, Davidon cannot be charged with fees for improvements that have an insufficient nexus with Davidon's project. The nexus for Davidon's project was established in the approval process for Davidon's vesting tentative subdivision map. There has been no significant change in the project, and it therefore has not generated the need for any new or additional road or bridge improvements. However, the draft Development Project Report indicates that the County proposes to charge Davidon, retroactively, for different projects and for the cost of improvement of the arterial road network in the unincorporated Martinez area. This should not be allowed. We have satisfied the conditions as imposed and have lived up to our side of the bargain. The County should do the same. Respectfully submitted, DAVIDON DEVELOPMENT COMPANY Dennis J. Razzari Vice President DJR:kk EXHIBIT "A" �- T0: BOARD OF SUPERVISORS FROM: TRANSPORTATION COMMITTEE DATE: April 18, 1894 SUBJECT: The Eastern Contra Costa Sub-regional Transportation Mitigation Fee Program SPECIFIC FBQUEST(S)OR ftcomMSNPATAON(p 4 a4GKoRwmP ANo JuanFICATioN I. Recommended AgIon: APPROVE the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee Program with the following modifications: 1. Direct the Director of Public Worl5 to update existing Areas of BentAt that include fees for the State Route 4 Bypass to remove the State,Route 4 Bypass contribution. 2. Direct the Director of Public works to revise the Timing of tee collection for transportation mitigation fees as existing Areas of Bonefit aro updated. 3. For lots that have previously adopted trafl"ia mitigation fees,the Transportation Committee recommends the Board consider the two following alternatives: 1. Provide no exemptions for payment of the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee for lots that have paid previously adopted traffc mitigation fees, 2 Exempt lots than have paid previously adopted traffic mitigation fees from payment of the Eastern Cora Costa Transportation h0gation Fee. 4. Provide no exclusions for small projects as proposed by other agencies. Continued on Attachment: X_ SIGNATURE! RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE r-► _APPROVE OTHER /fix r 5 774/{ ;7- SIGNATURE(S): Cisyte Bishop Tom Torlakson ACTION OF BQARp ON April 19, 1994 VED AS RECOMMENDED_OTHER R The SoArd APPROVED Recommendations 1, 2, 4, 4nd 5, and Item 2 of Recommendation No. 3 oxempting lots that have paid previously adopted traffic mitigation fees from payment of the Eastern Contra Coata Transportation Mitigation Fee. Supervisor aishop advised that she was voting no because believes there is a great need for roxion.al fees. VO'T'E OF SUPERVISORS UNANIMOUS (ASSENT AYES;A -=+:C NOES: _ ABSENT: ,�- ABSTAIN;____,�_,�, tlrrobyeett�Nthat katNY ttactve as L'f:eh on txe date shown. c:BO t e.t4 Arrss�°o . «�I� oA�ark rofid►salr+tBMW atar Orig. Div. Public Works (TIE) eI►�� �� Contact: Lowell Tunison, Tel. 313-2382 cc: See page 3 LJOW EXHIBIT "B" RELIEZ VALLEY HIGHLANDS LEGAL DESCRIPTION FOR TRACTS 7151, 7820 AND 7821 Lots 1 thru 8, 10 thru 14 and 16 thru 18 inclusive, as shown on the final map of Subdivision 7151 as recorded on the 18th day of August 1993 in book 367 of maps at pages 47 thru 53, in the office of the County Recorder of the County of Contra Costa, State of California. Lots 1 thru 34 inclusive, as shown on the final map of Subdivision 7820 as recorded on the 7th day of June 1994 in book 373 of maps at pages 1 thru 7 in the office of the County Recorder of the County of Contra Costa, State of California. Lots 1 thru 26 inclusive, as shown on the final map of Subdivision 7821 as recorded on the 10th day of October 1994 in book 376 of maps at pages 1 thru 4 in the office of the County Recorder of the County of Contra Costa, State of California.