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HomeMy WebLinkAboutMINUTES - 07221997 - SD8 Tb: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: July 22, 1997 SUBJECT: Revision of the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee Program, Discovery Bay Area of Benefit, East County Regional Area of Benefit, and the Oakley/North Brentwood Area of Benefit Project Number: 0676-6P4075, CP# 97-52 RESOLUTION NO. 97/391 SPECIFIC REQUESTS) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION I. Recommended Action: A. It is recommended that the Board take the following actions: 1. ADOPT and APPROVE the Addendum for the Development Program Report pertaining to the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee program. 2. ADOPT and APPROVE the Addendum for the Development Program Report pertaining to the Discovery Bay Area of Benefit. 3. ADOPT and APPROVE the Addendum for the Development Program Report pertaining to the East County Regional Area of Benefit. 4. ADOPT and APPROVE the Addendum for the Development Program Report pertaining to the Oakley/North Brentwood Area of Benefit. 5. DETERMINE that the four activities are not subject to the California Environmental Quality Act pursuant to Article 5, Section 15061 (b)(3) Pf QA guidelines. Continued on Attachment: X SIGNATURE: v _ RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON July 22 , 199T-ApPROVEDAS RECOMMENDED x OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: NW:nw:eh g:\transeng\bo97te\AOBrevl.wpd C hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Orig. Div: Public Works (TE) Board of SuIsol on the date shown, Contact: Nancy Wein,Tel. 313-2275 ATTESTED: cc: Auditor/Controller PHIL dqrCHEQDR,Clerk of the Board Community Development/G. Slusher of supervi and Coun ministrator Treasurer/Tax Collector (A Public Works Accounting By 4.4d A Deouty Public Works Design/J. Frattini s Revision of the Eastern Contra Costa Sub-Regional Tra�portation Mitigation Fee Program, Discovery Bay Area of Benefit, East County Regional Area of Benefit, and the Oakley/North Brentwood Area of Benefit July 22, 1997 Page 2 I. Recommended Action: (Continued) 6. DIRECT the Director of Community Development to file a Notice of Exemption with the County Clerk. 7. DIRECT the Public Works Director to arrange for the payment of the $25.00 handling fee to the County Clerk for the filing of the Notice of Exemption. 8. DETERMINE that a majority protest does not exist. 9. ENACT the attached regular ordinances adopting revised fees for the Discovery Bay Area of Benefit, East County Regional Area of Benefit, and Oakley/North Brentwood Area of Benefit; ENACT the attached regular ordinance and urgency ordinance adopting revised fees for the Eastern Contra Costa Sub-Regional Transportation mitigation Fee Area of Benefit. 10. 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. 11. DIRECT the Public Works Department and Department of Community Development to continue to review the fee schedules for the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee Program and the Discovery Bay and East County Regional Areas of Benefit every January 1 the respective fee schedules are in effect, and to adjust for the effects of inflation as described in the attached ordinances. The adjustment for inflation is not subject to CEQA. 12. DIRECT the Public Works Department and Department of Community Development to review the fee schedule for the Oakley/North Brentwood Area of Benefit every January 1 the respective fee schedule 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. II. Financial Impact: The revision in the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee Program, and the Discovery Bay, East County Regional and the Oakley/North Brentwood Areas of Benefit will have no impact on the General Fund. The funds collected will continue to be deposited in a trust fund account specific to the improvements to be funded by the respective fee programs. III. Reasons for Recommendations and Background: Eastern Contra Costa Sub-Regional Mitigation Fee Program On April 19, 1994 the Board of Supervisors adopted Resolution 94-45 approving the Eastern Contra Costa Sub-Regional Mitigation Fee Program. On July 26, 1994 the fee program was revised to minimize the impact on developers during the slow economic period that existed at the time. The Board adopted Ordinance No. 94-54 which included a phasing schedule for all residential land use categories to allow developments to adjust and plan for the increase in the fee. A base fee was established for single and multi-family housing that increased over a period of three years to a maximum amount. The fees for commercial, office and industrial land uses remain the same (i.e. were not phased). A key element of the phased schedule was that the fee should be increased at the end of the three year period to make the program "whole". That is, it was planned that the fee would be revised after July 26, 1997 to recoup revenue lost during the three year period in which the fee was phased. Revision of the Easte n Contra Costa Sub-Regional Transportation Mitigation Fee Program, Discovery Bay Area of Benefit, East County Regional Area of Benefit, and the Oakley/North Brentwood Area of Benefit July 22, 1997 Page 3 III. Reasons for Recommendations and Background: (Continued) The revision in the Fee Program will allow for the recovery of revenues lost during the three year period. On June 12, 1997 the East Contra Costa Regional Fee and Financing Authority determined that a fee of$4,879 per single family residential unit should be the final increment in the fee to make the program whole. The rate for multiple family homes will continue to be 80% of the single family rate. It was recommended that the fee schedule be imposed for a period of ten years. If during that period significant federal or state transportation monies are made available to the program, then the period of recoupment should be extended. Calculations of the revenue lost were made from data provided by the Cities of Brentwood and Antioch as well as the County on building permits issued. The total shortfall from the 1994/95 fiscal year to 1996/97 fiscal year is approximately $5.4 million. The proposed fee has been adjusted slightly to include the cost of County staff time to administer the fee area, estimated at 1/2%. The Public Works Director and Director or Community Development have completed an Addendum to the Revised Development Program Report for the Eastern Contra Costa Sub- Regional Mitigation Fee Program, which was filed with the Clerk of the Board. Notice of the hearing was duly given in accordance with Government Code Sections 65091, 66017(a) and 66484. The revision in 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. Discovery Bay, East County Regional and Oakley/North Brentwood Areas of Benefit The Discovery Bay Area of Benefit was first adopted by the Board of Supervisors on September 18,1979 to improve the safety and capacity of State Route 4 in the vicinity of Discovery Bay. The East County Regional Area of Benefit (formerly a part of the Countywide Area of Benefit) was first adopted by the Board of Supervisors on March 15, 1988 and the Oakley/North Brentwood Area of Benefit adopted by the Board of Supervisors on February 12, 1985 to improve the safety and capacity of the arterial road network in these areas. In 1987 the State Route 4 Bypass (formerly called Delta Expressway) was added to the Discovery Bay Area of Benefit and a separate trust fund established for its construction. The State Route 4 Bypass was also added to the East County Regional Area of Benefit and the Oakley/North Brentwood Area of Benefit in 1988 and 1990, respectively. This resulted in the fee being comprised of two parts, one to fund the construction of the State Route 4 Bypass and the other for local road improvements. We are proposing to remove the portion of the Area of Benefit fee specifically designated for the State Route Bypass entirely from the fee schedule for the Discovery Bay, East County Regional and Oakley/North Brentwood Areas of Benefit. This will eliminate the current expenditure of staff time and monies to administer these Areas of Benefit due to the regional component of the respective fee program. Residential developments in these Areas of Benefit will continue to contribute to the State Route 4 Bypass project through the East Contra Costa Sub-Regional Transportation Mitigation Fee program described above. The Public Works Director and the Director of Community Development have completed Addenda to the Revised Development Program Reports for the Discovery Bay Area of Benefit, the East County Regional Area of Benefit and the Oakley/North Brentwood Area of Benefit, which were filed with the Clerk of the Board. Notice of the hearing was duly given in accordance with Government Code Sections 65091, 66017(a) and 66484. The revisions in the Discovery Bay Area of Benefit, the East County Regional Area of Benefit and the Oakley/North Brentwood Area of Benefit have been determined to be in compliance with the Contra Costa County General Plan and are exempt from CEQA because they are not a projects as defined in CEQA guidelines Section 15378. Revision of the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee Program, Discovery Bay Area of Benefit, East County Regional Area of Benefit, and the Oakley/North Brentwood Area of Benefit July 22, 1997 Page 4 IV. Consequences of Negative Action: Failure to approve the revision in the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee will result in significant funding shortfalls for the three projects contained in that fee program. This would delay the construction of the facilities for many years until another funding source is secured. Failure to approve the revision in the Discovery Bay, East County Regional Area of Benefit and the Oakley/North Brentwood will result in the continued expenditure of time and monies in additional staff time to administer these Areas of Benefit due to the regional components of each respective fee program. - 17 CONTRA COSTA Co Recorder's Office Recording Requested By: STEPHEN L. WEIR, County Recorder \ Contra Costa County DOC - 97-0140393-00 Wednesday, AUG 06, 1997 11:05:01 Return To: FRE $0.00" ', . Ttl Pd $0.00 Nbr-0000130078 Board of Supervisors lrc/R9/1-4 651 Pine St., Room 106 Martinez, CA 94553 Document Title(s) ORDINANCE 97-32 REVISION OF FEES FOR OAKLEY/NORTH BRENTWOOD AREA OF BENEFIT 1 97 1403,93 ORDINANCE NO. 97- 32 (Revision of Fees for Oakley/North Brentwood Area of Benefit) The Board of Supervisors of Contra Costa County ordains as follows: SECTION I. SUMMARY. This ordinance provides for the revision of fees collected within the Oakley Area of Benefit, to delete that portion previously allocated to the State Route 4 Bypass, which will now be funded solely by the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee. SECTION II. REPLACEMENT. Ordinance No. 90-10 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 IV. NOTICE AND HEARING. This ordinance was adopted pursuant to the procedure set forth in Government Code Sections 65091, 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 hearings held. SECTION V. FEE REVISION. The following revised fees are hereby adopted for the Oakley/North Brentwood Area of Benefit to fund bridge and major thoroughfare improvements described in the Revised Development Program Report dated February 6, 1990 and in the Addendum to said Report dated July 22, 1997 on file with the Clerk of the Board, and shall be levied and collected pursuant to the above authorities: Land Use Recommended Fee Residential Single Family Dwelling Unit $6,137/unit Residential Multi-Family Dwelling Unit $5,025/Unit Commercial $ 3.14/sq ft gross floor area Industrial $ 1.81/sq ft gross floor area Fees shall be collected when building permits are issued in accordance with Section 913-4.204 of Title 9 of the Contra Costa County Ordinance Code. SECTION VI. FEE AREA The revised fees described in this ordinance shall apply to all property described in Exhibit W attached hereto. SECTION VII. SENIOR HOUSING. Nothing in this Ordinance shall be construed to abridge or to 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 within this ordinance. SECTION VIII. 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 Oakley/North Brentwood Area of Benefit. The fees will be used to finance the road improvements listed in the Revised Development Program Report and in the Addendum to said Report dated July 22, 1997. As discussed in more detail in the Report, there is a reasonable relationship between the fees and the types of development - 1 - ORDINANCE 97- 3 2 i 97 1,403-93 protects 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 provisions 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. REVIEW OF FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on January 1 to account for inflation using the Engineering News Record Contruction Cost Index. Such adjustment shall not require further notice or public hearing. 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 Ledger Dispatch, a newspaper of general circulation and 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 County Recorder. SECTION XI. EXISTING FEE. The replacement of Ordinance No. 90-10 shall not affect any fees accrued thereunder prior to February 6, 1990, and such fees shall remain subject to payment and collection. Final residential subdivision maps approved prior to September 15, 1987 that have not expired or reverted to acreage shall be subject to the fees established by Ordinance No. 90-10, rather than those established by this ordinance. PASSED and ADOPTED on July 22 , 1997 by the following vote: AYES: Supervisors Rogers , Uilkema, Gerber, Canciamilla and DeSaulnier NOES: None ABSENT: None ABSTAIN: None ATTEST: Phil Batchelor, Clerk of the Bo an unty d inistrator D Deputy Board Chair ML:eh gAtransen g\97ordte\Oakley.wpd 7/3/97 - 2 - ORDINANCE 97- 3 2 " Exhibit "A" 97 140393 ` Commending a the point of intersection of the westerly S. P.R.R. right of way line with the north boundary of the E. B.M.U.D. Mokelumne aqueduct; thence due east along said boundary, 6000 feet, more -or less, to the easterly right of way line of Highway 4 ; thence due north along said right of way line, 2800 feet, more or less, to the Brentwood City limit line; thence along said city limit line, 3000 feet, more orless, to the Marsh Creek Flood Control Channel; thence in a general_ south westerly direction along said channel, 2000 feet, more or less, to the Brentwood City limit line; thence due west along said city limit line, 500 feet, more or less, to the easterly right of way line of Highway 4 ; thence due south along said right of way line, 500 feet, more- or less, to the northerly right of way line of Sunset Road; thence in a general north easterly direction along said right of way line, 2200 feet, more or less, to the east property line of .parcel #018-190-013 ; thence due north along said property line, 1300 feet, more or less, to the north right of way line of the Marsh Creek Flood Control Channel; thence in a general north easterly direction along said channel right of way line, .5600 feet, more or less, to the southerly right of way line of Delta Road; thence due east along said right of way line,. 1600 feet, more or less, to the .easterly right of way line of Sellers Avenue; thence due north along said right of way line 11500 feet, more or less, to the northerly right of way line of the Contra Costa Canal; thence continuing in a northerly direction, 5000 feet, more or less, to the coast line of the San Joaquin River; thence in a general westerly direction along said coast line, 36000 feet,more or less, tot he easterly right of way line of Highway 160; thence in a general south easterly direction along said right of way line, 5500 feet, more or less, to State Highway 4 ; thence westerly. along the northerly right of way line of the Victory Highway 800 feet, more or less, tot he westerly right of way line of Highway 4 ; thence in a general south easterly direction along said right of way line 800 feet, more or less, to the angle point in said right of way line; thence easterly 400 feet,more or less, to the easterly right of way line of Highway 4 ; thence in a general south westerly direction along said right of way line 4000 feet, more or less, to the southerly right of way line of S. P.R.R. ; thence along said right of way line in a south easterly direction, 2000 feet, more or less .to the easterly property line of parcel no. 052-061- 007, thence due south along said property line, 2550 feet, more or less, to the right of way line of the Contra Costa Canal; thence along said city limit line due south, 2200 feet, more or less, to the easterly =property line of parcel. no. 053-052-004 ; thence due south along said property line, 2700 feet, more or less, to the intersection of the Antioch City limit line and the northerly property line of parcel no. 054-230-027; thence due east along said property line, 5900 feet, more or less, to the intersection of the easterly right of way line of Empire Road and the northerly property line of parcel no. 054- 240-001; thence due east along said right of way line, 65 feet, more or less, to the south westerly right of way line of the S.P.R.R. ; thence in a general south easterly direction along said right of way line, 7000 feet, more or less, to the E. B.M.U.D.-Mokelumne Aqueduct. END OFDONVEN1 7 - tea - 57 / CONTRA COSTA Co Recorder's Office Recording Requested By: STEPHEN L. WEIR, County Recorder Contra Costa County DOC - 97-040392-00 Wednesday, AUG 06, 1997 11:04:54 Return To: FRE $0.0011 Ttl Pd $0.00 Nbr-0000130077 Board of Supervisors lrc/R9/1-5 651 Pine St., Room 106 Martinez, CA 94553 Document Title(s) ORDINANCE NO. 97-31 REVISION OF THE FEES FOR THE EAST COUNTY REGIONAL AREA OF BENEFIT 4 97 1-40392 ORDINANCE NO.97 - 31 Revision of the Fees for the East County Regional Area of Benefit The Board of Supervisors of Contra Costa County ordains as follows: SECTION I. SUMMARY. This ordinance provides for the revision of fees collected within the East County Area of Benefit to delete that portion previously allocated to the State Route 4 Bypass which will now be solely funded by the Eastern Contra Costa Sub- Regional Transportation Mitigation Fee. SECTION II. REPLACEMENT. Ordinance No. 93-24 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 IV. NOTICE AND HEARING. This ordinance was adopted pursuant to the procedure set forth in Government Code Sections 65091, 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 V. FEE ADOPTION. The following revised fees are adopted for the East County Regional Area of Benefit to fund bridge and major thoroughfare improvements, as described in the Revised Development Program Report and in the Addendum to said Report dated July 22, 1997, and shall be levied and collected from all development pursuant to the above authorities: Land Use Recommended Fee Single Family Residential $1,649 per Dwelling Unit Multiple Family Residential $1,320 per Dwelling Unit Office $ 4.13 per Square Foot Gross Floor Area Industrial $ 2.64 per Square Foot Gross Floor Area Commercial $ 1.16 per Square Foot Gross Floor Area The fee shall be payable when building permits are issued as specified in Chapter 913- 4.204 of Title 9 of the Contra Costa County Ordinance Code. SECTION VI. FEE AREA. The fee area shall include all of unincorporated area within the East County Area of Benefit with the Following exception: - 1 - ORDINANCE No. 97 - 31 97 IL4 0392 ` 1. Properties located within the Oakley/North Brentwood Area of Benefit; and 2. Properties located within the Discovery Bay Area of Benefit; and 3. Properties located within the West Pittsburg Area of Benefit; and 4. Any development required under conditions of approval to construct certain off-site road improvements in lieu of fee payment. The boundaries of the East County Regional Area of Benefit are shown in Exhibit A, attached to this ordinance. More detailed maps of the boundaries are on file with the Department of Public Works, 255 Glacier Drive, Martinez, California. SECTION VII. 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. SECTION VIII. 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 East County area. The fees will be used to finance the road improvements listed in the Revised Development Program Report and in the Addendum to said Report dated July 22, 1997. 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 IX. 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 X. REVIEW OF FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on January 1, to account for inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not require further notice or public hearing. 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. - 2 - ORDINANCE No. 97 —11 97 140392 SECTION XI. EXISTING FEES. The replacement of Ordinance No. 93-24 shall not affect any fees accrued thereunder prior to the effective date of this ordinance, and such fees shall remain subject to payment and collection. Notwithstanding any other provision of this ordinance, should any fee set forth in Section V be ruled invalid or unenforceable by a court of competent jurisdiction, the comparable fee in Ordinance No. 93-24 shall be deemed not to have been repealed and shall remain subject to payment and collection. PASSED AND ADOPTED on .T„13, 2 9 199 7 , 1997 by the Following vote: AYES: Supervisors Rogers , Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None Attest: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: AW4,M JAU 0 Deputy Board Chair ML:eh g:Vranseng\97o rdte\EastCo.wpd 717197 - 3 - ORDINANCE No. 97 -31 t-- � t� _ } f LU �--- CD Y.l- }- lk �.►� f (1 r c kj 1 5^ r, \fit j � it O �.ri CONTRA COSTA Co Recorder's Office Recording Requested By: STEPHEN L. WEIR,. County Recorder Contra Costa County DOC - 37-0140390-00 Wednesday; AUG 06, 1997 11:04:40 Return To: FRE $0.00,; 11 Ttl Pd $0.00 Nbr-0000130075 -Board of Supervisors lrc/R9/1-6 651 Pine St., Roam 106 Martinez, CA 94553 Document Title(s) ORDINANCE NO. 97-30 REVISION OF EASTERN CONTRA COSTA SUB-REGIONAL TRANSPORTATION MITIGATION FEES 97 14®39 Ordinance No. 97 -_30 (Revision 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 revision 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. REPLACEMENT. Ordinance 94-54 shall be repealed and replaced by this ordinance. SECTION III. AUTHORITY. This ordinance is enacted, in part, pursuant to Government Code Section 664.84 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 Sections 65091, 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 hearings held. SECTION V. FEE ADOPTION. The following revised fees are hereby adopted for the Eastern Contra Costa Sub-Regional Transportation Mitigation Area of Benefit to fund bridge and major thoroughfare improvements described in the Revised Development Program Report dated July 26, 1994 and in the Addendum to said Report dated July 22, 1997 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 (SF) Residential $4,903 per dwelling unit Multi Family Residential 80% of SF rate ($3923) 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 $4,903 per peak hour trip The fee rate for the Bay Point area for single family units and for the "Other" category shall be $1,206. The rate for multiple family units will be 80% ($965) of the single family rate. The Commercial, Office and Industrial land use rates are the same as shown above. - 1 - Ordinance No. 97- 30 97 140390 y Fees shall be collected when building permits are issued in accordance with Section 913- 4,204 of Title 9 of the Contra Costa County Ordinance Code. The revised fees payable under this ordinance shall be in addition to fees payable for the following 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 (This area of benefit includes the East County Sub-area, the Pittsburg/Antioch Sub-area and the Marsh Creek Sub-area.) 5. Bay Point Area of Benefit However, where fees are payable for the Discovery Bay Area of Benefit, Oakley/North Brentwood Area of Benefit or East County Regional Area of Benefit, the portion thereof that is allocated to the State Route 4 Bypass shall be credited against the fees payable under this ordinance, as necessary to avoid double payment for the State Route 4 Bypass. 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 subject to approval of the East Contra Costa Regional Fee and Financing Authority; and (2) any unimproved subdivision lots for which fees paid for one of the above areas of benefit (Nos 1-5) were previously paid, prior to August 8, 1994, at the time of map recordation. SECTION VI. FEE AREA. The revised fees set forth in this ordinance shall apply to all property described in Exhibit A attached hereto. SECTION VII. SENIOR HOUSING. Nothing in this Ordinance shall be construed to abridge or to 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 within this ordinance, in accordance with the Eastern Contra Costa Regional Fee and Financing Authority policies. SECTION VIII. 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 dated July 26, 1994 and the Addendum to said Report dated July 22, 1997. As discussed in more detail in the Report and Addendum, 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. - 2 - Ordinance No. 97-30 r i 97 140390 SECTION IX. 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 X. REVIEW OF FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on January 1, to account for inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not require further notice or public hearing. SECTION XI. EFFECTIVE DATE. This ordinance shall become effective 60 days after passage. 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, Ledger Dispatch, and 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 XII, EXISTING FEE. The replacement of Ordinance 94-54 shall not affect any fees accrued thereunder prior to effective date of this ordinance, and such fees shall remain subject to payment and collection. PASSED and ADOPTED on July 22, 1997 by the following vote: AYES: Supervisors Rogers , Uilkema, Gerber, Canciamilla and DeSauinier NOES: None ABSENT: None ABSTAIN: None Attest: Phil Batchelor, Clerk of the Board of Supervisors and County Adminis for By: 0 � Deputy Board Chair JB:NW:nw:eh gRranseng/97ordte/Eastem2.wpd 7n/97 - 3 - Ordinance No. 97- 30 Boundary Description East County Area of Benefit b 97 140390 EXHIBIT "A" The eastern portion of Contra Costa County, California, bounded on the north,-East,-and south by r ,.the boundary of said county, and bounded on the 11west by the following described line: $eginning in Suisun Bay on the boundary of Contra Costa County at the northem prolongation of the west tine of Section 5, Township 2 North, 'Rangisl "West, Mount Diablo Meridian;'thence from 'the Point of Beginning, :along said prolongation and west lines of:Sections 5_and 8 (T2N, R 1 W), southerly 14,225 feet, more or less, to the west quarter corner 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, R 1 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 (TIN, RIM; thence leaving the boundary of said safety zone, along said west line, southerly 2,582 feet,-more or less, to the southeast comer of"BRINTON ANNEXATION" on the-north right of way dine of Kicker Pass Road (also being the northeast comer 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 comer of said Section 1 :on _the north lineof "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 card City of Clayton annexation as follows: (1) an the south lineeof Section 1,t easterly`5,254: 6:#eet, to he_ ortheast comer of;Suction 12 (T1 N, R1 W) on Mount Diablo Meridian,`(2) along said.:meridian, southerly 10;33:95 feet,to the northeast , Omer of Section`24'(Tl N,��R 1 VN),;:(3) along the north"line of t Section 24,w�resteriy"�;406.17 feet, to the northeast right�of away ire of`fVlarsh "Creek Road shown on-she.=Record of;:Survey filed September 29, 'I9fi6 in Book 4'S of liiEensed Surveyors Maps gat page�2,(_):along`said right of way dine in a general outheasterly direction h ;;2fi 21 feetzto Mount`Drabto l►Itetd�art, and (5) along said meridian, southerly-936:04 feet,to�the most southeastern comer if said�annexati i'h:,t ence leaving said annexation boundary, continuing along said Lmeridian, southerly`72.75 feet, to the northwest r..omer of".OAKWOOD ANNEXATION"to-the City of Clayton certified August 16, 1990;:thence along the boundary of "OAKWOOD `ANNEXATION" ,Aalso being -the boundary of `Subdivision 7259 "Oakwood"filed December 1..2.-1990in Book 354 of:Maps aipage 5) as follows. `(1)easterly 339.92 1 . - 97 140390 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) westerty 215.95 feet to ,the southwest comer 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 (TI S, R 1 E); thence along the south lines of Sections 18, 17, 16, 15 and 14 (T1 S. R 1 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. RI E), southerly 10,560 feet, more or less. to the southwest comer of said Section 25; thence along the south fine of Section 25 (TIS, RIE)and the south line of Section 30 (T1 S, R2E), easterly 8,575 feet, more or less, to the southwest right of way fine 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 fess. 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 (Ti S. R2E); thence along said west line, southerly 1.020.02 feet,to the southwest comer 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 comer of Section 34, (TIS. R2E); thence along the west line of Section 34 (TIS, 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 4118/94 _ _-_ ENDOFOOCUy�IT 2 CONTRA COSTA Co Recorder's Office Recording Requested By: STEPHEN L. WEIR, County Recorder Contra Costa county DOC - 9-7-03-403,91-00 Return To: Wednesday, AUG 06, 1997 11:04:48 FRE $0.00„ Ttl Pd $0.00 Nbr-0000130076 Board of Supervisors lrc/R9/1-6 651 Pine St., Roam 106 Martinez, CA 94553 Document Title(s) ORDINANCE NO. 97-29 URGENCY MEASURE FOR INTERIM AUTHORIZATION TO REVISE EASTERN CONTRA COSTA SUB-REGIONAL TRANSPORTATION MITIGATION FEES r 97 140391 Ordinance No. 97 -29 (Urgency Measure for Interim Authorization to Revise 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 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 runs 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 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 caused 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 loss of potential revenues as residential and commercial projects are built without having to contribute their fair share to the proposed improvements. The ability to finance construction of necessary bridge and major thoroughfare improvements within the East County area is detrimental to the public health, safety and welfare. SECTION III. REPLACEMENT. Ordinance 94-54 shall be repealed and replaced by this ordinance. SECTION Ill. 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). - 1 - Ordinance No. 97- 29 • 97 140391 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 dated July 26, 1994 and in the Addendum to said Report dated July 22, 1997 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 (SF) Residential $4,903 per dwelling unit Multi Family Residential 80% of SF rate ($3923) 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 $4,903 per peak hour trip The fee rate for the Bay Point area for single family units and for the "Other" category shall be $1,206. The rate for multiple family units will be 80% ($965) of the single family rate. The Commercial, Office and Industrial land use rates are the same as shown above. Fees shall be collected when building permits are issued in accordance with Section 9134.204 of Title 9 of the Contra Costa County Ordinance Code. The interim fees payable under this ordinance shall be in addition to fees payable for the following 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(This area of benefit includes the East County Sub-area, the Pittsburg/Antioch Sub-area and the Marsh Creek Sub-area.) 5. Bay Point Area of Benefit However, where fees are payable for the DiscoveryBay Area of Benefit, Oakley/North Brentwood Area of Benefit or East County Regional Area of Benefit, the portion thereof that is allocated to the State Route 4 Bypass shall be credited against the fees payable under this ordinance, as necessary to avoid double payment for the State Route 4 Bypass. 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 subject to approval of the Eastern Contra Costa Regional Fee and Financing Authority; and (2) any unimproved subdivision lots for which fees paid 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. -2 - Ordinance No. 97-29 97 1 SECTION VII. 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 waive the fees provided for within this ordinance, in accordance with Eastern Contra Costa Regional Fee and Financing Authority policies. SECTION VIII. 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 the 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 IX. 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 X. 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, Ledge- Dispatch and 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. PASSED and ADOPTED on July 22, 1997 by the following vote: AYES: Supervisors Rogers , Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None Attest: Phil Batchelor, Clerk of the Board of Supervisors airld County Administr By: VUR Deputy Board Chair JB:NW:rvw:eh grtransen07orc te\Eastem.wpd 717/97 - 3 - Ordinance No. 97- 29 140391 y Boundary Description East County Area of Benefit EXHIBIT "A" The eastem portion of Contra Costa County, Califomia, 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 northem prolongation of .-_the west line of Section 5, Township 2 North, Range I West, Mount Diablo Meridian; thence from "the Point of Beginning, along said prolongation and west lines of Sections 5 and 8 (T2N, RIW), -southerly 14,225 feet, more or less, to the west quarter comer of said Section 6; 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, R1W ), 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, R1W1), (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 (TIN, RIM; thence leaving the boundary of said safety zone, along said west line, southerly 2,582 feet,-more or less, to the southeast comer of"BRINTON ANNEXATION" on the north right of way line of Kicker Pass Road (also being the northeast comer 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 comer 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 comer of Section 12 (T1 N. -RIM on Mount Diablo Meridian, (2) along said meridian, southerly 10,353.95`feet,to the northeast comer of Section 24_{T1 N. R 1 VC), (3) along the north line of Section 24, westerly 1406.17 feet, to :the northeast right of way line of Marsh -Creek Road shown -on the Record -of :Survey fled 'September 29, 1966 in Book 45 of Licensed Surveyors Maps at page 2,-j4) 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,lo the most southeastem comer of said annexation;thence leaving said annexation boundary, continuing along said meridian, southerly 72.75 feet, to the northwest comer 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 " - 97 140391 feet, (2) in a general northeasterly direction 339.14 feet, (3) in a general southerly direction 618.4; ` feet, (4) southwesterly 632.77 feet, and (5) westerly 215.95 feet to the southwest comer o "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 (Tl S, R1 E), easterly 26,373 feet, more or less, to the northwest comer of Section 24 (T1 S. R1 E); thence along the west lines of Sections 24 and 25 (TI S, R1 E), southerly 70,560 feel, more or less, to the southwest comer of said Section 25; thence along the south line of Section 25 (T1 S; R1E)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 fine 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 comer 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 comer of Section 34, (T1S, R2E); thence along the west line of Section 34 (TIS, 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 END OF DOCUMENT -7 - � a 97 CONTRA. COSTA Co Recorder's Office STEPHEN L. WEIR, County Recorder Recording Requested By: DOC - 97-0:I..40389-00 Contra Costa County Wednesday, AUG 06, 1997 11:04:27 'FRE $0.0011 Return To: Ttl Pd $0.00 Nbr-0000130074 lrc/R9/1-4 Board of SupervisOrs 651 Pirie St., RCM 106 -- Hartinez, CA 94553 Document Title(s)- O. 97-27 REVISION .OF FEES FOR THE DISCOVERY BAY AREA OF BENEFIT ORDINANCE N t ORDINANCE NO. 97- 27 (Revision of Fees for the Discovery Bay Area of Benefit) The Board of Supervisors of Contra Costa County ordains as follows: SECTION I. SUMMARY. This ordinance provides for the revision of fees collected within the Discovery Bay Area of Benefit to delete that portion previously allocated to the State Route 4 Bypass which will now be funded solely by the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee. SECTION II. REPLACEMENT. Ordinance No. 92-80 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 IV. NOTICE AND HEARING. This ordinance was adopted pursuant to the procedure set forth in Government Code Sections 65091, 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 hearings held. SECTION V. FEE ADOPTION. The following revised fees are hereby adopted for the Discovery Bay Area of Benefit to fund bridge and major thoroughfare improvements described in the Revised Development Program Report dated November 3, 1992 and in the Addendum to said Report dated July 22, 1997 on file with the Clerk of the Board, and shall be levied and collected pursuant to the above authorities: Land Use Recommended Fee Single Family Residential $895/Dwelling Unit Fees shall be collected when building permits are issued in accordance with Section 913-4.204 of Title 9 of the Contra Costa County Ordinance Code. SECTION V1. FEE AREA. The revised fees described in this ordinance shall apply to all property described in Exhibit "A" attached hereto. SECTION VII. SENIOR HOUSING. Nothing in this Ordinance shall be construed to abridge or to 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 within this ordinance. SECTION VIII. 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 Discovery Bay Area of Benefit. The fees will be used to finance the road improvements listed in the Revised Development Program Report and in the Addendum to said Report dated July 22, 1997. As discussed in more detail in the Report, there is a reasonable relationship between the fees and the types of ORDINANCE NO. 97- 27 A.. 97 140389 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. SECTION VIII. REVIEW OF FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on January 1, 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, shall be published once with the names of the Supervisors voting for and against it in the Tdger Dispatch, 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 IX. EXISTING FEE. The replacement of Ordinance No. 92-80 and Resolution No. 92/753 shall not affect any 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 July 22 , 1997 by the following vote: AYES: Supervisors Rogers , Uilkema, Gerber, Canciamilla and DeSaulnier NOES: None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By eputy Board Chair ML:eh g:ltransengl97ordte\DiscoBay.wpd 7/7/97 - 2 - ORDINANCE NO. 97- 27 ' 97 140389 Discovery Bay AOB WO. 4065 EXHIBIT "A" A portion of Sections 23, 24, 25, 26, 35 and 36, Township 1 North, Range 3 East, Mount Diablo Meridian, in the county of Contra Costa, California, described as follows: Beginning at a 2-inch Iron Pipe at the southwest comer of that parcel of land, described in the deed to Cechini Robert, Inc., recorded July 10, 1989 in Volume 15185 of Official Records at page 325, being also on the north right of way line of HIGHWAY 4; thence from the Point of Beginning, north 89°12'29"west 4750.91 feet to a 3/4-inch bolt and washer; thence south 86°36'24" west 667.26 feet to a 1-1/2-inch iron pipe;thence north 86°45'06" west 741.00 feet to a 5/8-inch rebar; thence south 89013'02" west 533.12 feet to a 5/8-inch rebar; thence south 78000'07" west 1258.93 feet; thence southwesterly along a tangent curve to the right having a radius of 382.00 feet through an angle of 12043'31", an arc distance of 84.84 feet; thence tangent to said curve north 89°16'22" west 15.30 -feet; thence south 0°59'09"west 60.00 feet; thence north 89°16'22"west 1321.79 feet; thence north 0056'27" east 2639.76 feet; thence north 0059'32" east 2645.39 feet; thence south 89008'09" east 1388.00 feet; thence north 47037'44" east 1515.37 feet; thence northeastedy along a tangent curve to the left having a radius of 660.00 feet through an angle of 14002'20", an arc distance of 161.72 feet; thence north 47°23'00"east 123.10 feet; thence north 16018'57' east 489.23 feet; thence north 15055'12" east 300.00 feet; thence north 15043'32" east 600.21 feet; thence north 14059'17" east 344.51 feet; thence north 17033'17" east 300.09 feet; thence north 16003'32" east 220.63 feet to the most westerly comer of Lot 18, as shown on Subdivision 5811, filed March 13, 1980 in Book 236 of Maps at page 4;thence north 16003'32" east 139.38 feet; thence north I W40'12"east 26.73 feet; thence north 4000'53"west 202.00 feet, more or less; thence north.12034'30"west 273.00 feet, more or less; thence north 3703430" east 205.00 feet, more or less; thence south 42027'30" east 215.00 feet, more or less; thence north 33030'07"east 75.00 feet, more.or less; thence north 14018'00"east 260.00 feet; thence north 19012'00" west 27.72 feet; thence north 82000'00" east 15.00 feet, more or less; thence north 55000'00" east, 130.00 feet, more or less; thence north 3249'38" east 15.00 feet, more or less; thence north 32°36'09"west 30.00 feet, more or less; thence north 82050'17"east 374.00 feet, more or less; thence north 8,T14'07" east 507.95 feet; thence north 84025'17" east 329.57 feet;thence north 81`53'52"east 419.06 feet;thence north 82039'37"east 300.01 feet;thence north 82037'22" east 300.02 feet; thence north 82°25'02" east 265.01 feet; thence north 82022'27" east 570.10 feet; thence north 87°17'02" east 8274 feet; thence south 58°54'13" east 168.88 feet; thence south 69031'13" east 43.97 feet; thence north 82038'57" east 172.35 feet; thence south 87°58'43" east 73.67 feet; thence south 83056'58" east 246.74 feet; thence south 79055'08" east 176.44 feet; thence north 77014'02" east 6213 feet; thence north 57°14'12" east 49.86 feet; thence north 43°06'52" east 26.12 feet; thence north 21046'3r east 3203 feet; thence north 1405432" east 55.15 feet; thence north 2038'12" east 76.77 feet; thence north 10004'07" east 93.55 feet; thence north 27032`47" east 87.19 feet; thence north 34036'52" east 63.80 feet; thence north 45023'17" east 71.36 feet; thence north 35001'32" east 173.30 feet; thence north 44021'42" east 78.12 feet; thence north 67009'37' east 76.44 feet; thence south 81°13'28" east 71.20 feet; thence south 70'°22'33" east 96.67 feet; thence south 71002'13'' east 80.05 feet; thence south 76051'23" east 3.33 feet; thence south 89°02'35" east 779.76 feet; thence south 0057'32" west 216.15 feet; thence south 77°22'13" east 31.45 feet; thence south 13053'01" west 327.93 feet; thence south 0044'31" west 9790.61 feet, to the Point of Beginning. c\ex:diacovry.aob WoFftRAT D29r92 ORDINANCE NO. 97- 32 (Revision of Fees for Oakley/North Brentwood Area of Benefit) The Board of Supervisors of Contra Costa County ordains as follows: SECTION I. SUMMARY. This ordinance provides for the revision of fees collected within the Oakley Area of Benefit, to delete that portion previously allocated to the State Route 4 Bypass, which will now be funded solely by the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee. SECTION II. REPLACEMENT. Ordinance No. 90-10 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 IV. NOTICE AND HEARING. This ordinance was adopted pursuant to the procedure set forth in Government Code Sections 65091, 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 hearings held. SECTION V. FEE REVISION. The following revised fees are hereby adopted for the Oakley/North Brentwood Area of Benefit to fund bridge and major thoroughfare improvements described in the Revised Development Program Report dated February 6, 1990 and in the Addendum to said Report dated July 22, 1997 on file with the Clerk of the Board, and shall be levied and collected pursuant to the above authorities: Land Use Recommended Fee Residential Single Family Dwelling Unit $6,137/unit Residential Multi-Family Dwelling Unit $5,025/Unit Commercial $ 3.14/sq ft gross floor area Industrial $ 1.81/sq ft gross floor area Fees shall be collected when building permits are issued in accordance with Section 913-4.204 of Title 9 of the Contra Costa County Ordinance Code. SECTION VI. FEE AREA. The revised fees described in this ordinance shall apply to all property described in Exhibit "A" attached hereto. SECTION VII. SENIOR HOUSING. Nothing in this Ordinance shall be construed to abridge or to 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 within this ordinance. SECTION VIII. 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 Oakley/North Brentwood Area of Benefit. The fees will be used to finance the road improvements listed in the Revised Development Program Report and in the Addendum to said Report dated July 22, 1997. As discussed in more detail,in the Report, there is a reasonable relationship between the fees and the types of development - 1 - ORDINANCE 97- 3 2 I 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 provisions 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. REVIEW OF FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on January 1 to account for inflation using the Engineering News Record Contruction Cost Index. Such adjustment shall not require further notice or public hearing. 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 Ledger,Dgspdtchr, a newspaper of general circulation and 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 County Recorder. SECTION XI. EXISTING FEE. The replacement of Ordinance No. 90-10 shall not affect any fees accrued thereunder prior to February 6, 1990, and such fees shall remain subject to payment and collection. Final residential subdivision maps approved prior to September 15, 1987 that have not expired or reverted to acreage shall be subject to the fees established by Ordinance No. 90-10, rather than those established by this ordinance. PASSED and ADOPTED.on July 22, 1997 by the following vote: AYES: Supervisors Rogers , Uilkema, Gerber, Canciamilla and DeSaulnier NOES: None ABSENT: None ABSTAIN: None ATTEST: Phil Batchelor, Clerk of the Boa d and ounty inistrator �G ?tc Deputy Board Chair ML:eh gAtranseng\97o rdte\Oakley.wpd 7/3197 - 2 - ORDINANCE 97- 3 2 Exhibit "A" _Commending a the point of intersection of the westerly S . P. R.R. right of way line with the north boundary of the E. B.M.U. D. Mokelumne aqueduct; thence due east along said boundary, 6000 feet, more or less, to the easterly right of way line of Highway 4 ; thence due north along said right of way line, 2800 feet, more or less, to the Brentwood City limit line; thence along said city limit line, 3000 feet, more or less, to the Marsh Creek Flood Control Channel ; thence in a general south westerly direction along said channel, 2000 feet, more or less, to the Brentwood City limit line; thence due west along said city limit line, 500 feet, more or less , to the easterly right of way line of Highway 4 ; thence due south along said right of way line, 500. feet, more or less, to the northerly right of way line of Sunset Road; thence in a general north easterly direction along said right of way line, 2200 feet, more or less, to the east property line of parcel #018-190-013 ; thence due north along said property line, 1300 feet, more or less, to the north right of way line of the Marsh Creek Flood Control Channel ; thence in a general north easterly direction along said channel right of way line, 5600 feet, more or less, to the southerly right of way line of Delta Road; thence due east along said right of way line, 1600 feet, more or less, to the -easterly right of way line of Sellers Avenue; thence due north along said right of way line 11500 feet, more or less, to the northerly right of way line of the Contra Costa Canal ; thence continuing in a northerly direction, 5000 feet, more or less, to the coast line of the San Joaquin River;- thence in a general westerly direction along said coast line, 36000 feet,more or less, tot he easterly right of way line of Highway 160; thence in a general south easterly direction along said right of way line, 5500 feet, more or less, to State Highway 4 ; thence westerly. along the northerly right of way line of the victory Highway 800 feet, more or less, tot he westerly right of way line of Highway 4 ; thence in a general south easterly direction along said right of way line 800 feet, more or less, to the angle point in said right of way line; thence easterly 400 feet,more or less, to the easterly right of way line of Highway 4 ; thence in a general south westerly direction along said right of way line 4000 feet, more or less, to the southerly right of way line of S . P.R.R. ; thence along said right of way line in a south easterly direction, 2000 feet, more or less -to the easterly property line of parcel no. 052-061- 007 ; thence due south along said property line, 2550 feet, more or less, to the right of way line of the Contra Costa Canal ; thence along said city limit line due south, 2200 feet, more or Tess, to the easterly property line of parcel. no. 053-052-004 ; thence due south along said property line, 2700 feet, more or less, to the intersection of the Antioch City limit line and the northerly property line of parcel no. 054-230-027 ; thence due east along said property line, 5900 feet, more or less, to the intersection of the easterly right of way line of Empire Road and the northerly property line of parcel no. 054- 240-001 ; thence due east along said right of way line, 65 feet, more or less, to the south westerly right of way line of the S .P.R.R. ; thence in a general south easterly direction along said right of way line, 7000 feet,. more or less, to the E.B.M.U. D. -Mokelumne Aqueduct. 0 ;i ORDINANCE NOW - 31 Revision of the Fees for the East County Regional Area of Benefit The Board of Supervisors of Contra Costa County ordains as follows: SECTION I. SUMMARY. This ordinance provides for the revision of fees collected within the East County Area of Benefit to delete that portion previously allocated to the State Route 4 Bypass which will now be solely funded by the Eastern Contra Costa Sub- Regional Transportation Mitigation Fee. SECTION II. REPLACEMENT. Ordinance No. 93-24 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 IV. NOTICE AND HEARING. This ordinance was adopted pursuant to the procedure set forth in Government Code Sections 65091, 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 V. FEE ADOPTION. The following revised fees are adopted for the East County Regional Area of Benefit to fund bridge and major thoroughfare improvements, as described in the Revised Development Program Report and in the Addendum to said Report dated July 22, 1997, and shall be levied and collected from all development pursuant to the above authorities: Land Use Recommended Fee Single Family Residential $1,649 per Dwelling Unit Multiple Family Residential $1,320 per Dwelling Unit Office $ 4.13 per Square Foot Gross Floor Area Industrial $ 2.64 per Square Foot Gross Floor Area Commercial $ 1.16 per Square Foot Gross Floor Area The fee shall be payable when building permits are issued as specified in Chapter 913- 4.204 of Title 9 of the Contra Costa County Ordinance Code. SECTION VI. FEE AREA. The fee area shall include all of unincorporated area within the East County Area of Benefit with the Following exception: - 1 - ORDINANCE No. 97 - 31 1. Properties located within the Oakley/North Brentwood Area of Benefit; and 2. Properties located within the Discovery Bay Area of Benefit; and 3. Properties located within the West Pittsburg Area of Benefit; and 4. Any development required under conditions of approval to construct certain off-site road improvements in lieu of fee payment. The boundaries of the East County Regional Area of Benefit are shown in Exhibit A, attached to this ordinance. More detailed maps of the boundaries are on file with the Department of Public Works, 255 Glacier Drive, Martinez, California. SECTION VII. 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. SECTION VIII. 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 East County area. The fees will be used to finance the road improvements listed in the Revised Development Program Report and in the Addendum to said Report dated July 22, 1997. 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 IX. 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 X. REVIEW OF FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on January 1, to account for inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not require further notice or public hearing. 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. - 2 - ORDINANCE No.'97 -3L SECTION XI. EXISTING FEES. The replacement of Ordinance No. 93-24 shall not affect any fees accrued thereunder prior to the effective date of this ordinance, and such fees shall remain subject to payment and collection. Notwithstanding any other provision of this ordinance, should any fee set forth in Section V be ruled invalid or unenforceable by a court of competent jurisdiction, the comparable fee in Ordinance No. 93-24 shall be deemed not to have been repealed and shall remain subject to payment and collection. PASSED AND ADOPTED on 22 , 1Q97 , 1997 by the Following vote: AYES: Supervisors Rogers , Uilkema, Gerber , Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None Attest: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By. I AA, Oal,' W wc Deputy Boatd Chair ML:eh gAtransen g\97o rdte\EastCo.wpd 7/7197 - 3 - ORDINANCE No. 97 -31 n v' T (� D CD O ta rl �X i V co CC)m` s X I/ A Ordinance No. 97 -. 30 (Revision 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 revision 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. REPLACEMENT. Ordinance 94-54 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 IV. NOTICE AND HEARING. This ordinance was adopted pursuant to the procedure set forth in Government Code Sections 65091, 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 hearings held. SECTION V. FEE ADOPTION. The following revised fees are hereby adopted for the Eastern Contra Costa Sub-Regional Transportation Mitigation Area of Benefit to fund bridge and major thoroughfare improvements described in the Revised Development Program Report dated July 26, 1994 and in the Addendum to said Report dated July 22, 1997 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 (SF) Residential $4,903 per dwelling unit Multi Family Residential .80% of SF rate ($3923) 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 $4,903 per peak hour trip The fee rate for the Bay Point area for single family units and for the "Other" category shall be $1,206. The rate for multiple family units will be 80% ($965) of the single family rate. The Commercial, Office and Industrial land use rates are the same as shown above. - 1 - Ordinance No. 97- 30 / i Fees shall be collected when building permits are issued in accordance with Section 913- 4,204 of Title 9 of the Contra Costa County Ordinance Code. The revised fees payable under this ordinance shall be in addition to fees payable for the following 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 (This area of benefit includes the East County Sub-area, the Pittsburg/Antioch Sub-area and the Marsh Creek Sub-area.) 5. Bay Point Area of Benefit However, where fees are payable for the Discovery Bay Area of Benefit, Oakley/North Brentwood Area of Benefit or East County Regional Area of Benefit, the portion thereof that is allocated to the State Route 4 Bypass shall be credited against the fees payable under this ordinance, as necessary to avoid double payment for the State Route 4 Bypass. 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 subject to approval of the East Contra Costa Regional Fee and Financing Authority; and (2) any unimproved subdivision lots for which fees paid for one of the above areas of benefit (Nos 1-5) were previously paid, prior to August 8, 1994, at the time of map recordation. SECTION VI. FEE AREA. The revised fees set forth in this ordinance shall apply to all property described in Exhibit A attached hereto. SECTION VII. SENIOR HOUSING. Nothing in this Ordinance shall be construed to abridge or to 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 within this ordinance, in accordance with the Eastern Contra Costa Regional Fee and Financing Authority policies. SECTION VIII. 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 dated July 26, 1994 and the Addendum to said Report dated July 22, 1997. As discussed in more detail in the Report and Addendum, 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. - 2 - Ordinance No. 97-30 SECTION IX. 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 X. REVIEW OF FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on January 1, to account for inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not require further notice or public hearing. SECTION XI. EFFECTIVE DATE. This ordinance shall become effective 60 days after passage. 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, ,Ledger__ Dispatch, and 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 XII. EXISTING FEE. The replacement of Ordinance 94-54 shall not affect any fees accrued thereunder prior to effective date of this ordinance, and such fees shall remain subject to payment and collection. PASSED and ADOPTED on July 22, 1997 by the following vote: AYES: Supervisors Rogers , Uilkema, Gerber, Canciamilla and DeSaulnier NOES: None ABSENT: None ABSTAIN: None Attest: Phil Batchelor, Clerk of the Board of Supervisors and County Administ for0� c 0 By: eputy Board Chair. ti JB:NW:nw:eh g/transeng/97ordte/Eastem2.wpd 717/97 - 3 - Ordinance No. 97- 30 • • 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 northem 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, RIM, 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 quaver comer of said Section 8; thence along the east lines of Sections 8 and 17 (T2N, RIM, 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 (TIN, RIM, thence leaving the boundary of said safety zone, along said west line, southerly 2,582 feet;more or less, to the southeast comer of "BRINTON ANNEXATION" on the north right of way line of Kirker Pass Road (also being the northeast comer 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 comer 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 comer of Section 12 (T1 N, R1W) 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 southeastem corner of said annexation; thence leaving said annexation boundary, continuing along said meridian, southerly 72.75 feet, to the northwest comer 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 comer 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. R 1 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 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, R2 E); thence along said west line, southerly 1,020.02 feet, to the southwest comer 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 comer 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:jig:rbt c1ex:ECounty.AOB 3/31/94 4/18/94 2 Ordinance No. 97 -2 9 (Urgency Measure for Interim Authorization to Revise 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 runs 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 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 caused 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 loss of potential revenues as residential and commercial projects are built without having to contribute their fair share to the proposed improvements. The ability to finance construction of necessary bridge and major thoroughfare improvements within the East County area is detrimental to the public health, safety and welfare. SECTION 111. REPLACEMENT. Ordinance 94-54 shall be repealed and replaced by this ordinance. 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). - 1 - Ordinance No. 97- 29 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 dated July 26, 1994 and in the Addendum to said Report dated July 22, 1997 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 (SF) Residential $4,903 per dwelling unit Multi Family Residential 80% of SF rate ($3923) 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 $4,903 per peak hour trip The fee rate for the Bay Point area for single family units and for the "Other" category shall be $1,206. The rate for multiple family units will be 80% ($965) of the single family rate. The Commercial, Office and Industrial land use rates are the same as shown above. Fees shall be collected when building permits are issued in accordance with Section 913-4.204 of Title 9 of the Contra Costa County Ordinance Code. The interim fees payable under this ordinance shall be in addition to fees payable for the following 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 (This area of benefit includes the East County Sub-area, the Pittsburg/Antioch Sub-area and the Marsh Creek Sub-area.) 5. Bay Point Area of Benefit However, where fees are payable for the Discovery Bay Area of Benefit, Oakley/North Brentwood Area of Benefit or East County Regional Area of Benefit, the portion thereof that is allocated to the State Route 4 Bypass shall be credited against the fees payable under this ordinance, as necessary to avoid double payment for the State Route 4 Bypass. 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 subject to approval of the Eastern Contra Costa Regional Fee and Financing Authority; and (2) any unimproved subdivision lots for which fees paid 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. - 2 - Ordinance No. 97-29 SECTION VII. 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 waive the fees provided for within this ordinance, in accordance with Eastern Contra Costa Regional Fee and Financing Authority policies. SECTION VIII. 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 the 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 IX. 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 X. 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 againstit in the Brentwood News, zedge�-.Dispatcb_- and 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. PASSED and ADOPTED on July 22, 1997 by the following vote: AYES: Supervisors Rogers , Uilkema, Gerber, Canciamilla , DeSaulnier NOES: None ABSENT: None ABSTAIN: None Attest: Phil Batchelor, Clerk of the Board of Supervisors and County 0 Administ I By: Deputy Board Chair JB:NW:nw:eh g/transeng/97ordte\Eastem.wpd 717197 - 3 - Ordinance No. 97- 29 • 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, RIM, 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 M, 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, RIM, (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, R1VV), thence leaving the boundary of said safety zone, along said west line, southerly 2,582 feet,-more or less, to the southeast comer of "BRINTON ANNEXATION" on the north right of way line of Kirker Pass Road (also being the northeast comer 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 comer 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 comer of Section 12 (T1 N, R1W) on Mount Diablo Meridian, (2) along said meridian, southerly 10,353.95 feet, to the northeast comer of Section 24 (T1 N, R 1 M, (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 fled 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 comer of"OAKWOOD ANNEXATION" to the City of Clayton certified August 16, 1990; thence along the boundary o; "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 618.4` feet, (4) southwesterly 632.77 feet, and (5) westerly 215.95 feet to the southwest comer 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, RIE), easterly 26,373 feet, more or less, to the northwest comer of Section 24 (T1S, R1E); thence along the west lines of Sections 24 and 25 (T1 S, RIE), 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 (TIS, R2E); thence along said west line, southerly 1,020.02 feet, to the southwest comer 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 comer of Section 34, (T1 S, R2E); thence along the west line of Section 34 (TIS, 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 3131/94 4/18/94 2 ORDINANCE NO. 97- 27 (Revision of Fees for the Discovery Bay Area of Benefit) The Board of Supervisors of Contra Costa County ordains as follows: SECTION I. SUMMARY. This ordinance provides for the revision of fees collected within the Discovery Bay Area of Benefit to delete that portion previously allocated to the State Route 4 Bypass which will now be funded solely by the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee. SECTION II. REPLACEMENT. Ordinance No. 92-80 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 IV. NOTICE AND HEARING. This ordinance was adopted pursuant to the procedure set forth in Government Code Sections 65091, 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 hearings held. SECTION V. FEE ADOPTION. The following revised fees are hereby adopted for the Discovery Bay Area of Benefit to fund bridge and major thoroughfare improvements described in the Revised Development Program Report dated November 3, 1992 and in the Addendum to said Report dated July 22, 1997 on file with the Clerk of the Board, and shall be levied and collected pursuant to the above authorities: Land Use Recommended Fee Single Family Residential $895/Dwelling Unit Fees shall be collected when building permits are issued in accordance with Section 9134.204 of Title 9 of the Contra Costa County Ordinance Code. SECTION VI. FEE AREA. The revised fees described in this ordinance shall apply to all property described in Exhibit "A" attached hereto. SECTION VII. SENIOR HOUSING. Nothing in this Ordinance shall be construed to abridge or to 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 within this ordinance. SECTION VIII. 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 Discovery Bay Area of Benefit. The fees will be used to finance the road improvements listed in the Revised Development Program Report and in the Addendum to said Report dated July 22, 1997. As discussed in more detail in the Report, there is a reasonable relationship between the fees and the types of ORDINANCE NO. 97- 27 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. SECTION VIII. REVIEW OF FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on January 1, 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, shall be published once with the names of the Supervisors voting for and against it in the lir. Dispagh , 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 IX. EXISTING FEE. The replacement of Ordinance No. 92-80 and Resolution No. 92/753 shall not affect any 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 July 22, 1997 by the following vote: AYES: Supervisors Rogers , Uilkema, Gerber, Canciamilla and DeSaulnier NOES: None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator OBy A�Wnc- y eputy Board Chair ML:eh g:\iransengl97ordte\DisooSay.wpd 717/97 - 2 - ORDINANCE NO. 97- 27 Discovery Bay AOB WO. 4065 EXHIBIT "A" A portion of Sections 23, 24, 25, 26, 35 and 36, Township 1 North, Range 3 East, Mount Diablo Meridian, in the county of Contra Costa, California, described as follows: Beginning at a 2-inch Iron Pipe at the southwest comer of that parcel of land, described in the deed to Cechini Robert, Inc., recorded July 10, 1989 in Volume 15185 of Official Records at. page 325, being also on the north right of way line of HIGHWAY 4; thence from the Point of Beginning, north 89°12'29"west 4750.91 feet to a 3/4-inch bolt and washer; thence south 86°36'24"west 66726 feet to a 1-1/2-inch iron pipe;thence north 86045'06" west 741.00 feet to a 5/8-inch rebar thence south 89°13'02" west 533.12 feet to a 5/84nch rebar; thence south 78000'07" west 1258.93 feet; thence southwesterly along a tangent curve to the right having a radius of 382.00 feet through an angle of 12043'31". an arc distance of 84.84 feet; thence tangent to said curve north 89°16'22" west 15.30 feet;thence south 0°59'09"west 60.00 feet; thence north 89°16'22"west 1321.79 feet; thence north 0°56'27" east 2639.76 feet; thence north 0°5932" east 2645.39 feet; thence south 89°08'09" east 1388.00 feet; thence north 470'37'44" east 1515.37 feet; thence northeasterly along a tangent curve to the left having a radius of 660.00 feet through an angle of 14002'20", an arc distance of 161.72 feet; thence north 47023'00" east 123.10 feet; thence north 16018'57" east 489.23 feet; thence north 15055'12" east 300.00 feet; thence north 1504332" east 600.21 feet; thence north 14059'17" east 344.51 feet; thence north 17°33'17" east 300.09 feet; thence north 16003'32" east 220.63 feet to the most westerly comer of Lot 18, as shown on Subdivision 5811, filed March 13, 1980 in Book 236 of Maps at page 4; thence north 16003'32" east 139.38 feet; thence north 18040'12"east 26.73 feet; thence north 4000'53"west 20200 feet, more or less; thence north 12034'30"west 273.00 feet, more or less; thence north 37034'30" east 205.00 feet, more or less; thence south 42°27'30" east 215.00 feet, more or less; thence north 33°30'07"east 75.00 feet, more.or less; thence north 14°18'00"east 260.00 feet; thence north 19°12'00" west 27.72 feet; thence north 82000'00" east 15.00 feet, more or less; thence north 55°00'00" east, 130.00 feet, more or less; thence north 32°49'38" east 15.00 feet, more or less;thence north 32°36'09"west 30.00 feet, more or less;thence north 82°50'17"east 374.00 feet, more or less; thence north 83°14'07" east 507.95 feet; thence north 84025'17" east 329.57 feet;thence north 81°53'52"east 419.06 feet;thence north 82039'37"east 300.01 feet;thence north 82°3722" east 300.02 feet; thence north 82025'02" east 265.01 feet; thence north 8202227" east 570.10 feet; thence north 87`1T02" east 8274 feet; thence south 58°54'13" east 168.88 feet; thence south 691"31'13" east 43.97 feet; thence north 82*38'5T east 172.35 feet; thence south 87°58'43" east 73.67 feet; thence south 83056'58" east 246.74 feet; thence south 79055'08" east 176.44 feet; thence north 77°14'02" east 6213 feet; thence north 57°14'12" east 49.86 feet; thence north 43006'52" east 26.12 feet; thence north 21"46'3r east 3203 feet; thence north 14°54'32" east 55.15 feet; thence north 2038'12" east 76.77 feet; thence north 10°04'07" east 93.55 feet; thence north 27°32'47" east 87.19 feet; thence north 34°36'52" east 63.80 feet; thence north 45°23'17" east 71.36 feet; thence north 35001'32" east 173.30 feet; thence north 44°21'42" east 78.12 feet; the north 6r09'3T' east 76.44 feet; thence south 81°1328"east 7120 feet; thence south 70°22'33" east 96.67 feet; thence south 71°02'13" east 80.05 feet; thence south 76051'23" east 3.33 feet; thence south 89°02'35" east 779.76 feet; thence south 0'5T32" west 216.15 feet; thence south 7722'13" east 31.45 feet; thence south 13°53'01" west 327.93 feet; thence south 0°44'31" west 9790.61 feet, to the Point of Beginning. 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"� O c A vi O (n (D O w. ri :4K v c� n Q z Z DO Q(n rr (D 1--+ ri =i r rr zz (mn� (D m C) m rr mm � mm n c nm C D O Z� 0m v >mp m c O O D C m cn OD p z N CJ N z z gm = c O r� z O z w -� z lip o zOD Z Z o 1 O r� O -0 2 �m O011 \ C N a Z-70 z c-0 0 v m N W m N.O m (n O m n a G ~v m Z �-+ v W � w ('•� m w n T < v_ C- o n cu 2) m W 1 (w 1 G (D z N O r-� O 2 O C] D r n m � (D h = c m 1 � mm p p C O mD rD p H m z ry N N =J b C/) N 00 OFFICE OF THE CLERK OF THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY 651 PINE STREET MARTINEZ, CALIFORNIA 94553 Phone: (510) 335-1900; FAX (510) 335-1913 DATE: TO: rQ N pp5 1-�.0 ZX CSN k) 1XVIV FAX No. 04 FROM: TOTAL PAGES INCLUDING THIS COVER: ('To : PLEASE ADVISE IF FOR ANY REASON YOU DO NOT RECEIVE THIS ITEM COMPLETEI rev. 4/97 M civ z r m n r 0 --1 — 2 (n fJ o m � DO z� ,Yo' 1 g� w -0n z 7 ' -p N w �; rk -0 O _0 51) o Zz m OIN C) m8 Q C fn =r 07mo -4 ri F- fD ^^^ aD c wm z Mrt ri ` J\ J\ J C2 3 cn 5K O� F• '10 x 310 =3 (D `o z cnm p P H. 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This ordinance provides for the revision 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. REPLACEMENT. Ordinance 94-54 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 IV. NOTICE AND HEARING. This ordinance was adopted pursuant to the procedure set forth in Government Code Sections 65091, 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 hearings held. SECTION V. FEE ADOPTION. The following revised fees are hereby adopted for the Eastern Contra Costa Sub-Regional Transportation Mitigation Area of Benefit to fund bridge and major thoroughfare improvements described in the Revised Development Program Report dated July 26, 1994 and in the Addendum to said Report dated July 22, 1997 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 (SF) Residential $4,903 per dwelling unit Multi Family Residential 80% of SF rate ($3923) 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 $4,903 per peak hour trip The fee rate for the Bay Point area for single family units and for the "Other" category shall be $1,206. The rate for multiple family units will be 80% ($965) of the single family rate. The Commercial, Office and Industrial land use rates are the same as shown above. I Fees shall be collected when building permits are issued in accordance with Section 913- 4,204 of Title 9 of the Contra Costa County Ordinance Code. The revised fees payable under this ordinance shall be in addition to fees payable for the following 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 (This area of benefit includes the East County Sub-area, the Pittsburg/Antioch Sub-area and the Marsh Creek Sub-area.) 5. Bay Point Area of Benefit However, where fees are payable for the Discovery Bay Area of Benefit, Oakley/North Brentwood Area of Benefit or East County Regional Area of Benefit, the portion thereof that is allocated to the State Route 4 Bypass shall be credited against the fees payable under this ordinance, as necessary to avoid double payment for the State Route 4 Bypass. 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 subject to approval of the East Contra Costa Regional Fee and Financing Authority; and (2) any unimproved subdivision lots for which fees paid for one of the above areas of benefit (Nos 1-5) were previously paid, prior to August 8, 1994, at the time of map recordation. SECTION VI. FEE AREA. The revised fees set forth in this ordinance shall apply to all property described in Exhibit A attached hereto. SECTION VII. SENIOR HOUSING. Nothing in this Ordinance shall be construed to abridge or to 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 within this ordinance, in accordance with the Eastern Contra Costa Regional Fee and Financing Authority policies. SECTION VIII. 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 dated July 26, 1994 and the Addendum to said Report dated July 22, 1997. As discussed in .more detail in the Report and Addendum, 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. nan . -30 SECTION IX. 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 X. REVIEW OF FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on January 1, to account for inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not require further notice or public hearing. SECTION XI. EFFECTIVE DATE. This ordinance shall become effective 60 days after passage. 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, Ledger Dispatch, and 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 XII EXISTING FEE. The replacement of Ordinance 94-54 shall not affect any fees accrued thereunder prior to effective date of this ordinance, and such fees shall remain subject to payment and collection. PASSED and ADOPTED on July 22, 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla and DeSaulnier NOES: None ABSENT: None ABSTAIN: None Attest: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: Ann Cervelli Mark DeSaulnier Deputy Board Chair Je:Nw:nw:eh 9Aranseng/97ordte/Eastem2.wpd 717197 _.,�w�'►�e ho 97 �n 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 ine: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, RIM, 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, RIM, (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 comer of "BRINTON ANNEXATION" on the north right of way line of Kirker Pass Road (also being the northeast comer 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 comer 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 comer of Section 12 (T1 N, R1W) 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 comer 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 _ 3 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 comer 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. R 1 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 (Ti 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 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 comer 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 comer of Section 34, (T1 S, R2E); thence along the west line of Section 34 (T1S, 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. n j ty. 'lam. .+ m = CDS zr m"' r, O � "� - 2Cn O Z O W yo m c Zn rn.-p m _ ^ �� N OD ` J o ' o oz m � rn C') m-4 O -0 3 ac-i n m rws (n Z N o Co cn mmON m Ft D 000 mm N v a s o ff � m C r M3: (DzZ cn H. n txi K n Z (D td a p < m a, (D rt < m 0 c m m rt O K ci D (D H. 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NW tiJ ~ C G CA ♦A N cn O ri p LD H r+ O C Z rt y �r t :0 z v ��c -i D� 0Cn nN D :E)2 C o X ,{7 M D rt m 7D r' rt 6 z (n m m c n= me O D m m O n O� v33 � - O Mo C0 O n m v mn m v n Z m0 z>M C p n z z r 3m = v O ~ z Or a z (D Zmy o O O v '� = W m \ p a m O O O N m O m (n O m a m p v -4 m Z w F-Av w me 00 b FnIn C)Co m O F, Zkx _ D D O < = t (n m v D cm v KM v _ O m>4 O m t m z N OFFICE OF THE CLERK OF THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY 651 PINE STREET MARTINEZ, CALIFORNIA 94553 Phone: (510) 335-1900; FAX (510) 335-1913 , I�I DATE:V TO: e.. 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K -A � N P. n rt rt Cn O O 7o C7 �i rt p i O C a rp D� P. rt o G N z_ H Z :I>Cl) D m2 vC � G G m rt (n _ n o� x G)m Doo w o m x c o m r c-r G o rD n M z CD m rt (D rt rt rt m P ~ rt c nm me 0 D m m O P. - O:u o 70 m I p n O G o --Im mC) m C D (n rZF- G m OD O cm n O z O Z r K= C O z r a z m y m o O O C 1 ao�o Z F- Fd D o = m00 D (D O f7 D P' -u O O O y ri m H. o m m rn w x 71 m O Cb O Gi my �m Z I Ft C7 N 00 I-' a rt N (� o r-A CO Op O �3 < p �o m co m W W 1 m m (n I p o N I-� p bi vi O Z ti0 C� _ CA D D O rY D bbl n Cl)CC m 1 w a ~ 0 p (D �D D 1� O m m I� m '°Z N N. m � N 0 v' N Ordinance No. 97 -29 (Urgency Measure for Interim Authorization to Revise 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 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 runs 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 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 caused 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 loss of potential revenues as residential and commercial projects are built without having to contribute their fair share to the proposed improvements. The ability to finance construction of necessary bridge and major thoroughfare improvements within the East County area is detrimental to the public health, safety and welfare. SECTION III. REPLACEMENT. Ordinance 94-54 shall be repealed and replaced by this ordinance. 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). 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 dated July 26, 1994 and in the Addendum to said Report dated July 22, 1997 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 (SF) Residential $4,903 per dwelling unit Multi Family Residential 80% of SF rate ($3923) 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 $4,903 per peak hour trip The fee rate for the Bay Point area for single family units and for the "Other" category shall be $1,206. The rate for multiple family units will be 80% ($965) of the single family rate. The Commercial, Office and Industrial land use rates are the same as shown above. Fees shall be collected when building permits are issued in accordance with Section 913-4.204 of Title 9 of the Contra Costa County Ordinance Code. The interim fees payable under this ordinance shall be in addition to fees payable for the following 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(This area of benefit includes the East County Sub-area, the Pittsburg/Antioch Sub-area and the Marsh Creek Sub-area.) 5. Bay Point Area of Benefit However, where fees are payable for the DiscoveryBay Area of Benefit, Oakley/North Brentwood Area of Benefit or East County Regional Area of Benefit, the portion thereof that is allocated to the State Route 4 Bypass shall be credited against the fees payable under this ordinance, as necessary to avoid double payment for the State Route 4 Bypass. 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 subject to approval of the Eastern Contra Costa Regional Fee and Financing Authority; and (2) any unimproved subdivision lots for which fees paid 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. r an No - SECTION VII. 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 waive the fees provided for within this ordinance, in accordance with Eastern Contra Costa Regional Fee and Financing Authority policies. SECTION VIII. 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 the 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 IX. 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 X. 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, Ledge- Disptt and 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. PASSED and ADOPTED on July 22, 1997 by the following vote: AYES: Supervisors Rogers , Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None Attest: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: Ann Cervelli Mark DeSaulnier Deputy Board Chair J W:nw: ra n 97o to stem. nes ' a 9 Boundary Description East County Area of Benefit EXHIBIT "A" The eastern portion of Contra Costa County, Califomia, 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, R 1 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 (T1N, R1W), thence leaving the boundary of said safety zone, along said west line, southerly 2,582 feet;more or less, to the southeast comer of "BRINTON ANNEXATION" on the north right of way line of Kirker Pass Road (also being the northeast comer 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 comer 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 comer 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 southeastem corner of said annexation; thence leaving said annexation boundary, continuing along said meridian, southerly 72.75 feet, to the northwest comer 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"Bled December 12, 1990 in Book 354 of Maps at page 5) as follows: (1) easterly 339.92 feet, (2) in a general northeasterly direction 339.14 feet, (3) in a general southerly direction 618.4 feet, (4) southwesterly 632.77 feet, and (5) westerly 215.95 feet to the southwest comer o'. "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 come, of Section 18 (TIS, R 1 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, 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 comer 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 comer of Section 34, (T1 S, R2E); thence along the west line of Section 34 (TIS, 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. A t: u t O 94 94 2 r J OFFICE OF THE CLERK OF THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY 651 PINE STREET MARTINEZ, CALIFORNIA 94553 Phone: (510) 33S-1900; FAX (510) 335-1913 DATE: TO: D,.,s 'I cct YL-�-t(I.C,,�,�oA) FAS No. FROM: 4P N TOTAL PAGES INCLUDING THIS COVER: -gm LA t]"L)AjL�. r AJOA) 12- a-7 v 1 ' r; PLEASE ADVISE IF FOR ANY REASON YOU DO NOT RECEIVE THIS ITEM COMPLETE! rev. 4/97 M 0 CCD CD � z Z m 0 m O -I -o — 2 Cn �,,uoa..• . N m o w" i -« o Om cozn-C cZC = -j k� CT\ C-) -uc-) C) ? ......... CD t .. �� OM y� � H. —� CC9 O � co �mz� m (D (D O C C C CD CD �K 0" C N N Ffi Z Uj CL C0 o C° m0 ® c� K � " C: (n =3 -n m U) a (D O O ® C2) � On ® 0 z CD C Kz Y rt Wp Z "� B a a v' W o H � � ti � ,. CO,-- CD S✓ � � �' tD trj c m m � n W n > !7 3 S L N � F • C G7 �m < vi :d G] m m m H. O N• r-m M w o �0 m i (D N rlor- M c > t m � �mH F- z X1= m O W a N td ® O 07 W W F- rt O t-' m mom a,\ cn o D C<D N. 0 m0 Oc owzc) (D �'7 ((D (D H mn olm M(n j w CD M L) CA F h O (D H C7 00 (n--I Ca w z W o d m p „� c 7o00zm < :io < m 4 S; ri n D rD o u D G (a rt rt 0' Fid 1 0 � � b r � p � m p11 (D � F- o O z c til (n Z O W (D N• ri �-i o rt O d < Fi n cn R• v N O m m H �r (D p' rt Fi- �m o tr] Z z �Zl N x (D � � n b� Ind DO CD 'o 'o a W (D W m ' O M N R• G H. �j .z..l x tl z CY ri O t::) n D V H 0 rt F- W N• (D cn O Fj• r'* (n D N b 0 n F-'• n � � _ -moi W O O O FA m C/) W rt p 0G C O CJ 'rt H. (D D O O (n ri 1-0 z � p Ft Q C O I < W H.Ho F� td N F- ♦�^ ri W V V a' � c F✓ sZ n �o n rt I IO H F- (D W --An I OH m C� Fi rt W c D C V D O --1 Cn rt O O ((D -� D� D DOS c �j Ft (n T C:, X O m D co W 10 00 z z �X f m ((D n m H rt I(D rt m (D Q, Ft rrt c o m x c 0 O 41 D m m O H. o -< 0:0 0:0w � 0 -0 0 O � m� mn v m c -� > Z O Z> m O z cm = c 0 Z O z m y m O O O z Co D N 0 'DD m -<m p \ (D > 10 m Z D ON moo H W � m O m m C !7 m 00 o C-40 m Z I F✓ W O od Ul rt ~ y �O m e 0 0 W (D N 10 -j (D O 0 0 m 00 n 1 tDd zC) n TCf) a oZ cm a 0 m w °° O m_ V7o 0 N m m z !b_ 0 cn N o < O i • 0 ORDINANCE NO. 97- 2 7 (Revision of Fees for the Discovery Bay Area of Benefit) The Board of Supervisors of Contra Costa County ordains as follows: SECTION I. SUMMARY. This ordinance provides for the revision of fees collected within the Discovery Bay Area of Benefit to delete that portion previously allocated to the State Route 4 Bypass which will now be funded solely by the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee. SECTION II. REPLACEMENT. Ordinance No. 92-80 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 IV. NOTICE AND HEARING. This ordinance was adopted pursuant to the procedure set forth in Government Code Sections 65091, 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 hearings held. SECTION V. FEE ADOPTION. The following revised fees are hereby adopted for the Discovery Bay Area of Benefit to fund bridge and major thoroughfare improvements described in the Revised Development Program Report dated November 3, 1992 and in the Addendum to said Report dated July 22, 1997 on file with the Clerk of the Board, and shall be levied and collected pursuant to the above authorities: Land Use Recommended Fee Single Family Residential $895/Dwelling Unit Fees shall be collected when building permits are issued in accordance with Section 913-4.204 of Title 9 of the Contra Costa County Ordinance Code. SECTION VI. FEE AREA. The revised fees described in this ordinance shall apply to all property described in Exhibit "A" attached hereto. SECTION VII. SENIOR HOUSING. Nothing in this Ordinance shall be construed to abridge or to 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 within this ordinance. SECTION VIII. 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 Discovery Bay Area of Benefit. The fees will be used to finance the road improvements listed in the Revised Development Program Report and in the Addendum to said Report dated July 22, 1997. As discussed in more detail in the Report, there is a reasonable relationship between the fees and the types of �R9.N ANC NO. - 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. SECTION VIII. REVIEW OF FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on January 1, 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, shall be published once with the names of the Supervisors voting for and against it in the .:Dispatch , 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 IX. EXISTING FEE. The replacement of Ordinance No. 92-80 and Resolution No. 921753 shall not affect any 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 July 22, 1997 by the following vote: AYES: Supervisors Rogers , Uilkema, Gerber, Canciamilla and DeSaulnier NOES: None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By Ann Cervelli Mark DeSaulnier Deputy Board Chair $;4hY -_ � 7 I NC - 2 4 i ov Ba kO 5 EXHIBIT "A" A portion of Sections 23, 24, 25, 26, 35 and 36, Township 1 North, Range 3 East, Mount Diablo Meridian, in the county of Contra Costa, Califomia, described as follows: Beginning at a 2-inch Iron Pipe at the southwest comer of that parcel of land, described in the deed to Cechini Robert, Inc., recorded July 10, 1989 in Volume 15185 of Official Records at page 325, being also on the north right of way line of HIGHWAY 4; thence from the Point of Beginning, north 89°12'29"west 4750.91 feet to a 3/4-inch bolt and washer; thence south 86°36'24" west 66726 feet to a 1-1/2-inch iron pipe;thence north 86045'06" west 741.00 feet to a 5/8-inch rebar; thence south 89°13'02" west 533.12 feet to a 5/84nch rebar; thence south 78°00'07" west 1258.93 feet; thence southwesterly along a tangent curve to the right having a radius of 382.00 feet through an angle of 12°43'31", an arc distance of 84.84 feet; thence tangent to said curve north 89°16'22" west 15.30 -feet; thence south 0°59'09"west 60.00 feet; thence north 89°16'22"west 1321.79 feet; thence north 0°56'27" east 2639.76 feet; thence north 0°59'32" east 2645.39 feet; thence south 89°08'09" east 1388.00 feet; thence north 47°37'44" east 1515.37 feet; thence northeasterly along a tangent curve to the left having a radius of 660.00 feet through an angle of 1400229', an arc distance of 161.72 feet; thence north 47'°23'00" east 123.10 feet; thence north 16018'57" east 489.23 feet; thence north 15°55'12" east 300.00 feet; thence north 15043'32" east 600.21 feet; thence north 14059'17" east 344.51 feet, thence north 17°33'17" east 300.09 feet; thence north 16°03'32" east 220.63 feet to the most westerly comer of Lot 18, as shown on Subdivision 5811, filed March 13, 1980 in Book 236 of Maps at page 4; thence north 16003'32" east 139.38 feet; thence north 18040'12"east 26.73 feet; thence north 4000'53"west 20200 feet, more or less; thence north 12034'30"west 273.00 feet, more or less; thence north 37034'30" east 205.00 feet, more or less; thence south 42°27'30" east 215.00 feet, more or less; thence north 33°30'07"east 75.00 feet, more.or less; thence north 14°18'00"east 260.00 feet, thence north 19°12'00" west 27.72 feet; thence north 82000'00" east 15.00 feet, more or less; thence north 55°00'00" east, 130.00 feet, more or less; thence north 3204938" east 15.00 feet, more or less;thence north 32036'09"west 30.00 feet, more or less;thence north 82°50'17"east 374.00 feet, more or less; thence north 8714'07" east 507.95 feet; thence north 84025'i7" east 329.57 feet;thence north 81°53'52"east 419.06 feet;thence north 82°39'37"east 300.01 feet;thence north 82437'22" east 300.02 feet; thence north 82025'02" east 265.01 feet; thence north 82°22'27" east 570.10 feet; thence north 87°i7'02" east 8274 feet; thence south 58°54'13" east 168.88 feet; thence south 69031'13" east 43.97 feet; thence north 82038'57" east 172.35 feet; thence south 87°58'43" east 73.67 feet; thence south 83056'58" east 246.74 feet; thence south 79°55'08" east 176.44 feet; thence north 77°14'02" east 6213 feet; thence north 5714'12" east 49.86 feet; thence north 43°06'52" east 26.12 feet;thence north 21046'3r east 32.03 feet; thence north 14954'32" east 55.15 feet; thence north 2038'12" east 76.77 feet; thence north 10°04'07" east 93.55 feet; thence north 27032'47"east 87.19 feet; thence north 34°36'52"east 63.80 feet; thence north 45°23'17"east r 71.36 feet; thence north 35001'32" east 173.30 feet; thence north 44°21'42" east 78.12 feet; thence north 67°09'3T' east 76.44 feet; thence south 81013'28" east 7120 feet; thence south 70°22'33" east 96.67 feet; thence south 71002'1.T' east 80.05 feet; thence south 76051'23" east 3.33 feet; thence south 89°02'35" east 779.76 feet; thence south 0°57'32" west 216.15 feet; thence south 77°22'13" east 31.45 feet; thence south 13°53'01" west 327.93 feet; thence south 0°4.4'31" west 9790.61 feet, to the Point of Beginning. 9 CD M 03 Z 0n No �m c0 c ON zv� co C) 0 Oz m m� ~ -8l�' .� n Z C RI 31 o ,o a cn .� co =caCD D 000 3 -I Z z n n 3 m m OC)y 0 -Z O CD W =3 A� O H m= O Z2 QQ N ADZ C CD GP• �m < mm m Nrt 03 P. -D m m p` , m r► O MF,• D mmo 0 � � ^� �i M A7 Cnr C r :1 (D EI P+ (D XZ- C D^� O 0) w 0 D D ,)ma z X jc� cn m p F-J. ao 9 mo U)1>1 < vm v rt G CD m O� CD fD b -0 CD vc w w ,n m G7 ui fn0 mn mw w � v (1) D N Co 0 G Tm ' � ODzm < :io < m 4 r7 rt 1 c» m - civ c CDD cv D m w O W ((D z c cn Z -1 n (� v < 0 FJ- G' (D v m m =rN x m zz (D b b P• G FJ- z rd Z 0 W O H. r* cQ � F,• v m `C F . OD � � z O C ri N C�/� / C U O �'• r{ N• O F� f7 3 t"' � F- (D r 0 Dc D0 (/� rZ r p z v DN D :r):1 �C CD � � X O m D 03rr rt (D m m c n=_ �c O 41 D m m O D G m O m0:1)0 m c �I D z �o m r^0 m i C - � -1 z> Z p f7 z r m c O F" Z O -, oo a TD z fD 0 z m z v o O D T vm O 00 O v n 0 <p 0 C N M m m I O ~ W � am X O co 7 C-4v o ~ vU.)Tra El me 00 CN N w F✓ v m y Q+ a Z fs✓r r. i s D D O f1 t K . D 5* x p s hY h � C m "•4. ' Da.. fl� a '�, ."• a-...0 rra, t t h, 1�—''�cc g''�•� 1., 0 m i A, V N. {2 ••y,.` .�7C r' `r ' :s- a�4 ^-. �iY' r;+- fi ,t- air, rr rt�*y, *.a.. a"'."r-r � a.--"�- .,. � � •i i' ORDINANCE NO.97 - 31 Revision of the Fees for the East County Regional Area of Benefit The Board of Supervisors of Contra Costa County ordains as follows: SECTION I. SUMMARY. This ordinance provides for the revision of fees collected within the East County Area of Benefit to delete that portion previously allocated to the State Route 4 Bypass which will now be solely funded by the Eastern Contra Costa Sub- Regional Transportation Mitigation Fee. SECTION Il. REPLACEMENT. Ordinance No. 93-24 shall be repealed and replaced by this ordinance. SECTION 111. 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 IV. NOTICE AND HEARING. This ordinance was adopted pursuant to the procedure set forth in Government Code Sections 65091, 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 V. FEE ADOPTION. The following revised fees are adopted for the East County Regional Area of Benefit to fund bridge and major thoroughfare improvements, as described in the Revised Development Program Report and in the Addendum to said Report dated July 22, 1997, and shall be levied and collected from all development pursuant to the above authorities: Land Use Recommended Fee Single Family Residential $1,649 per Dwelling Unit Multiple Family Residential $1,320 per Dwelling Unit Office $ 4.13 per Square Foot Gross Floor Area Industrial $ 2.64 per Square Foot Gross Floor Area Commercial $ 1.16 per Square Foot Gross Floor Area The fee shall be payable when building permits are issued as specified in Chapter 913- 4.204 of Title 9 of the Contra Costa County Ordinance Code. SECTION VI. FEE AREA. The fee area shall include all of unincorporated area within the East County Area of Benefit with the Following exception: C 1' 1. Properties located within the Oakley/North Brentwood Area of Benefit; and 2. Properties located within the Discovery Bay Area of Benefit; and 3. Properties located within the West Pittsburg Area of Benefit; and 4. Any development required under conditions of approval to construct certain off-site road improvements in lieu of fee payment. The boundaries of the East County Regional Area of Benefit are shown in Exhibit A, attached to this ordinance. More detailed maps of the boundaries are on file with the Department of Public Works, 255 Glacier Drive, Martinez, California. SECTION VII. 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. SECTION VIII. 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 East County area. The fees will be used to finance the road improvements listed in the Revised Development Program Report and in the Addendum to said Report dated July 22, 1997. 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 IX. 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 X. REVIEW OF FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on January 1, to account for inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not require further notice or public hearing. 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. ""/2 O o. - CIO CD a =M I f aY' ci It cli CD >-5 (n rn .01 > > rn Cf) — cc CD m> —7- ILI co r' SECTION XI. EXISTING FEES. The replacement of Ordinance No. 93-24 shall not affect any fees accrued thereunder prior to the effective date of this ordinance, and such fees shall remain subject to payment and collection. Notwithstanding any other provision of this ordinance, should any fee set forth in Section V be ruled invalid or unenforceable by a court of competent jurisdiction, the comparable fee in Ordinance No. 93-24 shall be deemed not to have been repealed and shall remain subject to payment and collection. PASSED AND ADOPTED on_ Jii I 3,z 9 91 199 7 , 1997 by the Following vote: AYES: Supervisors Rogers , Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None Attest: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: Ann Cervelli Mark DeSaulnier Deputy Board Chair � :eh \t n�ng dte o. pd �\ nes d) mIN� No. _ OFFICE OF THE CLERK OF THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY 651 PINE STREET MARTINEZ, CALIFORNIA 94553 Phone: (510) 335-1900; FAX (510) 335-1913 DATE: TO: ew ctL Ptl FAX No. oril./La/VC-0 FROM: TOTAL PAGES INCLUDING THIS COVER: PLEASE ADVISE IF FOR ANY REASON YOU DO NOT RECEIVE THIS ITEM COMPLETE! rev. 4/97 r. V _p CWD CD ca oz 0 � o o O z m m� O ` 03 O z v �p 0 Co OKT ^^^ 0 =r G)� m D � 7 (D CD� �a z M C 000 Q� 3 m O m Z S �C/)-F 3 mm (A ® CD 3 CD W o H bd 0 0 O z (n � � Q a y R. N El � C KD CO a m N. (D (D N• MJ-1 zW D G) r-4. W a Ftp cn Ji O " N. P. H. �-u m �� 0 z D � F� m mmEl m O O � JJ Or _ (D w wF� � O DmM C D^ncn F' z x 1 = m N O 0, t~t G �r � wK m0 —I ��cp < v < m m "'v oc LO N W o u~i cin m� mvv, 1wO � MO -4 D � iG-r rt rt Ft I T� �C m 0 0 z m < wo < m (D O O n m D co D � O W (D Fi O m w n n o• Z 0 H- �' (D (D O < Z K m m PCD N "d x m o z a IrN• s; F�UI a' �rt N W z z O H. rt O 'u W O �3' O D C T �cn rt m O O a �rt O m .f O �:l bd I z 010 h-' ct N Cl) H. t'9 P. G :4 C vi � p F- QL n cn O O 1 ' (D W c* O Fi c-t 1 O –1 N• F � m n rt O C Z >C/) D >--1 0 C cWt F- W v v C) X 0m Doo m m z Z Cl)M r rt (D --A O m W'' � m 0 co nz 0 D m m o-6 vm m 0 � O �o M m0O �z C � S K 0 Cm n O � n z 0 z r = C O z r C13n Z o z o y o o n O D -1 -<m-u a O :1 �m D Z y Ffi m O m (n O m m m -1 Oco Ca O m Z I � w O O n F- v W cn m ki < I nW mW N 0 Z E:1 Zq v K� v O m-D+ m m mZ N D K N n Cl) N < O { CJ7 ORDINANCE NO. 97- 32 (Revision of Fees for Oakley/North Brentwood Area of Benefit) The Board of Supervisors of Contra Costa County ordains as follows: SECTION I. SUMMARY. This ordinance provides for the revision of fees collected within the Oakley Area of Benefit, to delete that portion previously allocated to the State Route 4 Bypass, which will now be funded solely by the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee. SECTION II. REPLACEMENT. Ordinance No. 90-10 shall be repealed and replaced by this ordinance. SECTION ill. 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 IV. NOTICE AND HEARING. This ordinance was adopted pursuant to the procedure set forth in Government Code Sections 65091, 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 hearings held. SECTION V. FEE REVISION. The following revised fees are hereby adopted for the Oakley/North Brentwood Area of Benefit to fund bridge and major thoroughfare improvements described in the Revised Development Program Report dated February 6, 1990 and in the Addendum to said Report dated July 22, 1997 on file with the Clerk of the Board, and shall be levied and collected pursuant to the above authorities: Land Use Recommended Fee Residential Single Family Dwelling Unit $6,137/unit Residential Multi-Family Dwelling Unit $5,025/Unit Commercial $ 3.14/sq ft gross floor area Industrial $ 1.81/sq ft gross floor area Fees shall be collected when building permits are issued in accordance with Section 913-4.204 of Title 9 of the Contra Costa County Ordinance Code. SECTION VI. FEE AREA. The revised fees described in this ordinance shall apply to all property described in Exhibit "A" attached hereto. SECTION VII. SENIOR HOUSING. Nothing in this Ordinance shall be construed to abridge or to 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 within this ordinance. SECTION VIII. 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 Oakley/North Brentwood Area of Benefit. The fees will be used to finance the road improvements listed in the Revised Development Program Report and in the Addendum to said Report dated July 22, 1997. As discussed in more detail in the Report, there is a reasonable relationship between the fees and the types of development O� 97- 2 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 Vlll. SEVERABILITY. If any fee or provisions 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. REVIEW OF FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on January 1 to account for inflation using the Engineering News Record Contruction Cost Index. Such adjustment shall not require further notice or public hearing. 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 Ledger Dispat , a newspaper of general circulation and 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 County Recorder. SECTION XI. EXISTING FEE. The replacement of Ordinance No. 90-10 shall not affect any fees accrued thereunder prior to February 6, 1990, and such fees shall remain subject to payment and collection. Final residential subdivision maps approved prior to September 15, 1987 that have not expired or reverted to acreage shall be subject to the fees established by Ordinance No. 90-10, rather than those established by this ordinance. PASSED and ADOPTED on July 22, 1997 by the following vote: AYES: Supervisors Rogers , Uilkema, Gerber, Canciamilla and DeSaulnier NOES: None ABSENT: None ABSTAIN: None ATTEST: Phil Batchelor, Clerk of the Board and County Administrator Ann Cervelli Mark DeSaulnier Deputy Board Chair L: h s n X97 tel .�, O C 3 Exhibit "h" f _ Commending a the point. of intersection of the westerly S . P. R.R. right of way line with the north boundary of the E. B.M.U_ D. Mokelumne aqueduct; thence due east along said boundary, 6000 feet, more or less, to the easterly right of way line of Highway 4 ; thence due north along said right of way line, 2800 feet, more or less, to the Brentwood City limit line; thence along said city limit line, 3000 feet, more or less, to the Marsh Creek Flood Control Channel ; thence in a general south westerly direction along said channel, 2000 feet, more or less, to the Brentwood City limit line; thence due west along said city limit line, 500 feet, more or less, to the easterly right of way line of Highway 4 ; thence due south along said right of way line, 500 feet, more or less, to the northerly right of way line of Sunset Road; thence in a general north easterly direction along said right of way line, 2200 feet, more or less, to the east property line of parcel #018-190-013 ; thence due north along said property line, 1300 feet, more or less, to the north right of way line of the Marsh Creek Flood Control Channel ; thence in a general north easterly direction along said channel right of way line, .5600 feet, more or less, to the southerly right of way line of Delta Road; thence due east along said right of way line, 1600 feet, more or less, to the .easterly right of way line of Sellers Avenue; thence due north along said right of way line 11500 feet, more or less, to the northerly right of way line of the Contra Costa Canal ; thence continuing in a northerly direction, 5000 feet, more or less, to the coast line of the San Joaquin River;. thence in a general westerly direction along said coast line, 36000 feet,more or less, tot he easterly right of way line of Highway 160; thence in a general south easterly direction along said right of way line, 5500 feet, more or less, to State Highway 4 ; thence westerly.. along the northerly right of way line of the Victory Highway 800 feet, more or less, tot he westerly right of way line of Highway 4 ; thence in a general south easterly direction along said right of way line 800 feet, more or less, to the angle point in said right of way line; thence easterly 400 feet,more or less, to the easterly right of way line of Highway 4 ; thence in a general south westerly direction along said right of way line 4000 feet, more or less, to the southerly right of way line of S . P.R.R. ; thence along said right of way line in a south easterly direction, 2000 feet, more or less .to the easterly property line of parcel no. 052-061- '007 ; thence due south along said property line, 2550 feet, more or less, to the right of way line of the Contra Costa Canal ; thence along said city limit line due south, 2200 feet, more or less, to the easterly -property line of parcel. no. 053-052-004 ; thence due south along said property line, 2700 feet, more or less, to the intersection of the Antioch City limit line and the northerly property line of parcel no. 054-230-027 ; thence due east along said property line, 5900 feet, more or less, to the intersection of the easterly right of way line of Empire Road and the northerly property line of parcel no. 054- 240-001 ; thence due east along said right of way line, 65 feet, more or less, to the south westerly right of way line of the S. P.R.R. ; thence in a general south easterly direction along said right of way line, 7000 feet, more or less, to the E. B.M.U.D. -Mokelumne Aqueduct. \ \. '\ \1 ,� S"� .� ADDENDUM TO THE REVISED DEVELOPMENT PROGRAM REPORT FOR THE EASTERN CONTRA COSTA SUB-REGIONAL TRANSPORTATION MITIGATION FEE Prepared by and for the Contra Costa County Public Works Department July 22, 1997 ADDENDUM TO THE DEVELOPMENT PROGRAM REPORT FOR THE EASTERN CONTRA COSTA SUB-REGIONAL TRANSPORTATION MITIGATION FEE PROGRAM This Addendum to the Development Program Report provides a summary of the methodology and background for calculation of the final increment in the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee (ECCSRTMF) Program adopted by the Board of Supervisors in 1994. The above fee was phased as allowed by the County Board of Supervisors and the Joint Exercise of Powers Agreement between the County and the Cities of Brentwood and Antioch. The revision of the Fee Program will allow for the recovery of revenues lost during that three year period. All the key elements in the Program Development Report, including the project list, fee area, development potential and basis for fee apportionment, remain the same. The section entitled "Fee Calculation" has been revised. This Addendum is required by the County Board of Supervisor's Policy on Bridge and Major Thoroughfare Fees (adopted July 17, 1979), which implements Division 913 of the County Ordinance code and applied to areas in unincorporated Contra Costa County. This Development Program Report Addendum is also in fulfillment of Sections 66484 of the State Subdivision Map Act. On April 19, 1994 the Board of Supervisors adopted a Resolution establishing the ECCSRTMF program and Ordinance No. 94-45 which outlined the fee structure for 6 land use categories. On July 26, 1994, the fee program was revised to minimize the impact to developers during the slow economic period that existed at that time. The Board adopted Ordinance No. 94-54 which revised the prior ordinance and included a phasing schedule for all residential land use categories to allow developments to adjust and plan for the increase in fee. A base fee was established for single and multiple family housing that increased over a period of three years to a maximum amount. The fee for commercial, office and industrial land uses was the same. A key element of the phased schedule described in the ordinance and Engineer's Report was that the fee could be increased at the end of the three year period to make the program "whole". That is, the fee can be revised after July 26, 1997 to recoup revenue lost during the three year period in which the fee was phased. The East Contra Costa Regional Fee and Financing Authority has determined that a fee of $4879 per residential unit should be the final increment in the fee in the ECCSRTMF program established in 1994. It was recommended that this fee schedule be imposed for a period of ten years. If during that period significant federal or state transportation monies are made available to the program, then'the period of recoupment should be extended. Calculations of the revenue lost were made from data provided by the Cities of Antioch and Brentwood as well as the County on building permits issued. For the fiscal years 1994/94, 1995/96 and 1996/7 the residential dwelling unit fees were phased in, in the amounts of $1730, $2,553 and $3,376 respectively. It was estimated that during the 1994/95 fiscal - 1 - year, $1.9 million in funding was lost. During the fiscal years 1995/6 and 1996/97, approximately$1.8 million and $1.7 million respectively, in project funding for the SR413P were lost. The total shortfall during this three year time period amounts to $5.4 million. The historical yearly average for dwelling units constructed in the County and Cities of Antioch and Brentwood has been determined to be 1327 units. This results in an estimate of 13,270 dwelling units to be constructed in the above area during the next ten years. Therefore, recouping the fee in arrear over a ten year period would require adding the amount of $404 ($5.4 million/13,270 units) to the proposed July 26, 1997 fee of $4,475. This results in the fee proposed in this Addendum of $4,879. It was also recommended by the Financing Authority that the fee for residential units in the unincorporated area of Bay Point be $1200 per unit. The fees payable under the ECCSRTM fee program are in addition to fees payable for the following Areas of Benefit- 1. enefit: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 (This area of benefit includes the East County Sub-area, the Pittsburg/Antioch Sub-area and the Marsh Creek Sub-area.) 5. Bay Point Area of Benefit The fee programs for the Discovery Bay Area of Benefit, Oakley/North Brentwood Area of Benefit and East County Regional Area of Benefit currently include a regional component designated for the SR4 Bypass and described in the respective Area of Benefit Program Development Report. The ordinances for the respective Area of Benefit programs are being revised to remove the SR4 Bypass project from the fee schedules. In no case shall the total SR4 Bypass contribution collected for a particular land use exceed that described in this section. The Eastern Contra Costa Sub-Regional Transportation Mitigation Program will be the sole development fee source for the State Route 4 project. For a summary of the existing and proposed ECCSRTMF fees, please see the table below. The proposed fee includes the cost of County staff time to administer the fee area (estimated at 1/2%). The proposed fee will continue to be used to pay for the planning, environmental documentation, design, acquisition of right of way and construction of the Projects. These Projects are the Buchanan Road Bypass, the improvements to SR4 between Bailey Road and the SR4/SR160 junction as well as the SR413P and are described in detail in the Engineer's Report. - 2 - Existing<Fee Schedule Proposed Fee Land :Use Schedule ( ') 7/25/96 - 7/25/97 After 7/25/97 �4fter 7/25/97 Single Family (SF)* $3376 $4475 $4903 Multi Family (MF)* 80% of SF rate 80% of SF rate 80% of SF rate Commercial 0.55 0.55 0.55 Office 0.57 0.57 0.57 Industrial 0.30 0.30 0.30 Other $3376 $4475 $4903 * The rate for single family units and the "Other" category in the Bay Point area will be $1206. The Commercial, Office and Industrial rates will be the same as shown above. * Includes '1/2% for County staff time to administer fee area. NW:nw:eh g:\transen g\97tetem p\Addfee.wpd 7/7/97 - 3 - REVISED DEVELOPMENT PROGRAM REPORT FOR THE EASTERN CONTRA COSTA SUB-REGIONAL TRANSPORTATION MITIGATION FEE Prepared By and For the: Contra Costa County Public Works Department March 8, 1994 Revised July 26, 1994 TABLE OF CONTENTS INTRODUCTION AND PURPOSE BACKGROUND PROJECTS GENERAL LOCATION FEE AREA BOUNDARY PURPOSE OF THE FEE USE OF THE FEE RELATIONSHIP BETWEEN USE OF FEES AND TYPE OF DEVELOPMENT PROJECT RELATIONSHIP BETWEEN NEED FOR PROJECTS AND TYPE OF DEVELOPMENT GENERAL PLAN RELATIONSHIP DEVELOPMENT POTENTIAL FINANCIAL RESPONSIBILITY BASIS FOR FEE APPORTIONMENT CALCULATION OF FEES ANNUAL REVIEW OF FEES COLLECTION OF FEES INTEREST ON FEES IN LIEU DEDICATION LIST OF TABLES TABLE 1 CREDITS FOR EXISTING FEES TABLE 2 EAST COUNTY REGION PROJECTED DEVELOPMENT 2005 TABLE 3 FEE CALCULATION LIST OF EXHIBITS EXHIBIT "A" LEGAL DESCRIPTION OF FEE AREA -i- REVISED DEVELOPMENT PROGRAM REPORT FOR THE EASTERN CONTRA COSTA SUB-REGIONAL TRANSPORTATION MITIGATION FEE INTRODUCTION AND PURPOSE This Revised Development Program Report outlines the concept, methodology, and procedure for implementing the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee (ECCSRTMF). The purpose of this report is to outline an adequate funding mechanism to plan, design and construct three regional transportation projects, hereinafter referred to as the "Projects": the State Route 4 "Bypass" (SR4BP), the Buchanan Bypass, and improvements to State Route 4 (SR4) between Bailey Road in Pittsburg and the junction of SR4 and State Route 160 (SR160) east of Antioch. The SR4BP was previously known as the "Delta Expressway". The Growth Management Plan (GMP) mandated by the voters in Contra Costa when Measure C was passed in 1988 stipulates that new growth should provide infrastructure required to service the respective growth. In 1990, AB471 was passed which requires every urban and suburban County to adopt a Congestion Management Program (CMP). Adoption of this fee will assist the County in complying with both of these requirements. The remainder of this report explains the means of providing funds for the design and construction of road improvements to serve planned growth within the general East County area. Several areas in the County have already implemented a fee program for the SR4BP project. Table 1 shows the credits to be given for each land use in each existing Area of Benefit. This Revised Development Program Report is required by the County 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 applies to areas in unincorporated Contra Costa County. This Development Program Report is also in fulfillment of Sections 66484 of the State Subdivision Map Act. 1 TABLE 1 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 F` nle Family $1,994.00 $345.00 i1_ .;i 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 $2,3,21.00 $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) 2 BACKGROUND The existing SR4 between SR160 and Walnut Boulevard extends through the downtown areas of the city of Brentwood and the community of Oakley. The existing SR4 through these communities is an at-grade limited capacity arterial, located adjacent to schools, shopping, and numerous residences with direct access to the roadway. Thus, regional traffic, which includes a significant truck volume, is mixed with local traffic. Low speeds and heavy cross traffic on local roads significantly limit the lane capacity (number of cars per lane) on SR4. It would be impractical to add enough lanes on SR4 to accommodate future traffic volumes. Any widening would require substantial acquisition of properties adjacent to the roadway which would be a significant negative impact on the character of the towns, as well as an exorbitant financial burden. However, if road improvements are not constructed in conjunction with the currently planned growth, the capacity of the existing roadway will be exceeded, forcing levels of service below acceptable standards. The existing Buchanan Road in Pittsburg is significantly congested due to commuter traffic accessing central county over Kirker Pass Road. There is no opportunity to widen this roadway due to right of way constraints. Construction of the bypass would significantly reduce traffic on the existing Buchanan Road and reduce commute times. State Route 4 through Pittsburg and Antioch is extremely congested with sub-standard on and off ramps. Improvements to this segment of roadway would reduce congestion as mandated by the county wide CMP. Improvements would include widening for additional capacity, HOV lanes and for transit in the median. PROJECTS 1. The SR4BP is a proposed limited access highway 9.3 miles long, which would shift regional traffic away from the town centers to the "Bypass" road. This would preserve the character of these communities while providing infrastructure necessary for planned growth. Consequently, congestion would be reduced and through trucks would have a route away from existing schools, businesses and residences. In addition, the SR413P would alleviate the burden on local roads which would provide the road capacity to accommodate planned growth outside the immediate vicinity of the project. For example, trips originating from Bethel Island would be able to travel westerly and southerly on existing SR4 or other local roads which would otherwise be congested. Other examples are local roads such as Hillcrest Avenue and Lone Tree Way in the City of Antioch where heavy traffic could be efficiently shifted to the SR413P. These types of examples are typical of the entire region. Consequently, the SR413P would be a major corridor which would benefit the entire east county region. 3 2. The Buchanan Bypass project is located south of the Pittsburg City limits. It will parallel the existing Buchanan Road which is currently over capacity. The existing roadway is one lane in each direction with numerous residences accessing directly onto the travelled way. The proposed Buchanan Bypass will begin near the current intersection of Buchanan Road and Somersville Road and connect to Kirker Pass Road approximately three fourths of a mile south of the existing Buchanan Road. This "Bypass" will improve traffic flow on SR4 by providing a less congested route to Kirker Pass Road which leads to employment centers in Central County. 3. The improvements to SR4 between Bailey Road and the SR4/SR160 junction will extend the improvements currently being constructed over the Willow Pass Grade. The improvements will be constructed in useable and fundable segments as funds become available. Typical improvements include additional lanes (HOV and mixed flow), improved median barrier, wider medians to accommodate transit and improved ramps. GENERAL LOCATION Figure 1 shows the general location of the Fee Area in eastern Contra Costa County. Figure 2 shows the general location of the Projects. FEE AREA BOUNDARY The fee area will include the unincorporated areas of eastern Contra Costa County, including those areas adjacent to the cities of Antioch, Brentwood, and Pittsburg and those areas within the existing Discovery Bay, Oakley/North Brentwood, Bethel Island, Bay Point and East County Areas of Benefit with the following exceptions: 1. The sphere of influence for the City of Clayton as shown in Exhibit 1-4, page 1-9 of the Clayton General Plan adopted July 17, 1985. The cities of Antioch, Brentwood and Pittsburg have formed similar fee areas within their incorporated areas. A legal description of the fee area is attached as Exhibit "A". 4 �F d O r v t w 'c p � O G f) p 4 G tt) 4 P i G 0 00 G cJ -D C� N Q- 1 T \ 1 G 0- G O c� l �lC O v! •� Z � � r .r Y < � o CO �. S r t p j � '` �' Ff ✓�� 1 .a S;s results of the East County Traffic Model. The traffic model indicates that non-residential development may reduce the impact on the Projects by creating a better employment/housing balance. As a result, the proposed fee is directly related to traffic generated by each particular land use with non-residential trip generation factors significantly reduced to approximately one tenth of the standard values in the ITE manual. GENERAL PLAN RELATIONSHIP The Projects are included in the circulation element of the General Plans of Contra Costa County, Antioch, Brentwood and Pittsburg, and are designated major arterials, expressways or freeways. DEVELOPMENT POTENTIAL The development potential for the fee area was estimated using the City of Antioch, Brentwood, Pittsburg and Contra Costa County General Plans for projected growth to the year 2005. The Projects will be funded by development fees uniformly assessed over the entire East County region per dwelling unit or per square foot of gross floor area. For example, the fee assessed to a new single family home would be the same whether it was located in Antioch, Brentwood, Pittsburg or unincorporated East County area. A summary of the estimated development potential for the fee area is shown in Table 2. Table 2 East County Projected Development 2005 Town or City Single Mufti- Commercial Office Industrial Family Family (SF) (SF) (SF) (#DU) (#DU) Antioch 14,879 1,170 4,248,778 757,944 3,012,174 Brentwood 8,928 1,428 813,390 19,000 1,879,240 Pittsburg 8,500 2,065 4,608,072 0 9,082,854 Bay Point 83 150 80,000 0 600,000 Bethel Island 2,775 648 379,463 0 0 Discovery Bay 409 226 154,638 0 0 Oakley 6,177 1,755 425,892 0 1,142,820 Byron 191 298 0 0 0 Knightsen 9 0 0 0 0 Other 200 0 0 0 509,652 TOTAL 42,151 7,740 10,710,233 776,944 16,226,740 8 FINANCIAL RESPONSIBILITY This fee program will fund the Projects as follows: PROJECT ECCSRTMF COMMITMENT TOTAL COST ESTIMATE SR4BP $75 million $150 million Buchanan Bypass $4 million $19 million SR4 Improvements $110 million $234 million $189 million $403 million Development fees appear to be the most viable source at this time due to the location of the Projects, service to growth, and the incredible demand on government funds to improve road infrastructure throughout the entire State. The above estimates include construction, right of way, environmental documentation, planning, engineering, administration, and contingencies. The cost of the Projects is uniformly distributed per each dwelling unit or each square foot of gross floor area of building space throughout the entire East County area. BASIS FOR FEE APPORTIONMENT The portion of the cost of the .Projects to be funded by this fee program has been distributed between the individual land use categories based on daily trip generation. The trip generation factors assigned to non-residential land uses such as commercial, office, and industrial have been reduced below industry standards to acknowledge the potential trip reduction which may occur by provision of an employment-housing balance. CALCULATION OF FEES As previously mentioned, the fees are assessed to the various land use categories in proportion to the number of daily trips generated. The fee rates shown below are rounded off from the calculated values. The fee calculation is shown in Table 3. CALCULATED FEE RATES Single Family Residential $4,200/dwelling unit Multi-Family Residential $3,375/dwelling unit Commercial $0.55/square foot Office $0.57/square foot Industrial $0.30/square foot Other $4,200/peak hour trip However, to minimize the impact of this fee on developers during the current slow economic times the fee will be phased in as shown below. This phased fee schedule should provide funding equal to that provided by the calculated fee rates above. The last fee increment may be adjusted in 1997 as required, by Ordinance, to make the program 9 whole. The proposed phasing schedule is shown below. PROPOSED FEE RATES Land Use Proposed Fee Single Family Residential $1,730 per dwelling unit from August 8, 1994 to July 23, 1995 and Other $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 *Fee subject to review to make funding whole due to phasing 10 Y} i • Y O O U) t- O O O O LO U) CO O O U) O O O O O n <a <n <n O c N C) N v LL O a O i d O O O O O O f7 t- O co Cl) O O O O O U) C) U) N m <1� O O O O w •- — of U) CO O O co O7 N O N U) N O O a r- 4- It O (D r- rn co 07 C') N (n (') 'ct N 't N r� DO O O O) c'i U) N d' N U to N <4 O d 1 fes .- N 04 N 0 O N N N O CV 0 O 00 0-0 r- O � II II u> N CV) LO cD 0 r- C Q tO O O N CY) O Cl) r- �- N CD O (DO a) CLC: a LL 'E M O p Q ►- 000Y) CDr� 0 U o 0 0 0 0 00 0 W v 2 L 000000 � .NY o 0OD0000 au a J c N n- C +r 0 C }� O 47 0 (Uto O Cl)cIt O O It t- N 0 f- = 0 N a rococfl 0 O LL r- N cw O 0 LLJ f-- 27 .- ? cu cu N M N J CCC N L Q a C 'U D 1— `�° c%) � -E UOO 1� r ANNUAL REVIEW OF FEES The proposed fees are subject to annual adjustment on January 1 of each year the fee is in effect per the Engineering News Record Construction Cost Index. COLLECTION OF FEES Fees shall be collected upon issuance of building permits, in accordance with Section 913-4.204 of Title 9 (Subdivisions) of the Contra Costa County Ordinance Code, to assure that funds are available to construct needed road improvements before newly generated traffic exceeds the capacity of the existing facilities. Fees collected will be deposited in an interest bearing trust fund account. INTEREST ON FEES The interest accrued on the fees collected shall accumulate in the trust fund account and shall be used for purpose of administration of the fee area and for the planning, environmental documentation, design, acquisition of right of way, and construction of the Projects IN LIEU DEDICATION A development may be required to construct, or dedicate right of way for, a portion of the Projects. In such a case the developer may be eligible to receive credit or reimbursement. The developer should contact the Public Works Department prior to the commencement of construction. RBT/M H:eh/pe/rt h:wp51\other\eastoo.fee\update\Report.t6 12 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 corner 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 corner 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 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 corner of Section 18 (T1 S, R 1 E); thence along the south lines of Sections 18, 17, 16, 15 and 14 (T1 S, R 1 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 corner 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 c1ex:ECounty.AOB 3/31/94 4/18/94 2 CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor - North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (510) 313-2284 Contact Person: Joseph J. Olsen - Public Works Dept. Project Description, Common Name (if any) and Location: General Administration - Areas of Benefit Revision, County File #CP97-52: The activity consists of The activity consists only of revising the existing East Contra Costa Sub-Regional Transportation Mitigiation Fee (ECCSRTMF)and the Areas of Benefit(AOB's)fee schedules for 1.) East County, 2.) Oakley/North Brentwood, and 3.) Discovery Bay. The ECCSRTMF and AOB's are fee collection mechanisms only that are area specific and based on projected infrastructure 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. Project location: The East County AOB includes portions of Brentwood, and the Knightsen, and Byron areas. The Discovery Bay AOB is exclusive to Discovery Bay, and the Oakley/North Brentwood includes the Oakley and North Brentwood areas. The ECCSRTMF AOB includes all of the above named areas in addition to Antioch, Pittsburg and Bay Point. This project is exempt from CEQA as a: Ministerial Project(Sec. 15268) Other Statutory Exemption, Section — Declared Emergency(Sec. 15269(a)) ✓ General Rule of Applicability(Section 15061(b)(3) Emergency Project(Sec. 15269(b) or(c)) Categorical Exemption, for the following reason(s): It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Janet Frattini County Clerk Fee$25 Due h:\noes\general.aob (Rev. 2/97) PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY DATE: July 16, 1997 TO: Catherine Kutsuris, Senior Planner, Community Development FROM: Joseph J. Olsen, Associate Engineer, Design Division (Contact Person: Janet Frattini ) SUBJECT: MANDATORY REFERRAL FOR GENERAL PLAN CONFORMANCE We have reviewed the attached project, CP# 97-52, General Administration -Areas of Benefit to determine if mandatory referral for General Plan Conformance, as required by Section 65402 of the Government Code, is necessary. I recommend the project needs no further mandatory referral clearance from County staff subject to the following actions: ( ✓) This project has been determined to be exempt from 65402 review. ( ) This project has been determined to be exempt from 65402 review in accordance with the Board of Supervisors Resolution 81/522 because the project involves a road alignment project of a minor nature. ( ) Community Development staff makes the following attached recommendation which should be incorporated into the staff report on this matter. The project needs mandatory referral and we request Community Development staff to process this project in the following manner: ( ) 65402 review is required. Community Development staff should carry this matter before the appropriate Planning Commission. The map of the project site and description is attached. ( ) 65402 review must be withheld until completion of an Environmental Impact Report on this project. ( ) Other procedures. s Approved Commune y Development h Amr4 gpc\general.aob (Form Revised 1-8-97) DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO. :0676-2310-6P4075 CP NO.: 97- 52 ACTIVITY NAME: General Administration - Areas of Benefit Revision DATE: July 14, 1997 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 the existing East Contra Costa Sub-Regional Transportation Mitigiation Fee (ECCSRTMF) and the Areas of Benefit (AOB's) fee schedules for 1.) East County, 2.) Oakley/North Brentwood, and 3.) Discovery Bay. The ECCSRTMF and AOB's are fee collection mechanisms only that are area specific and based on projected infrastructure 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: The East County AOB includes portions of Brentwood, and the Knightsen, and Byron areas. The Discovery Bay AOB is exclusive to Discovery Bay, and the Oakley/North Brentwood includes the Oakley and North Brentwood areas. The ECCSRTMF AOB includes all of the above named areas in ddition o Antioch, Pittsburg and Bay Point (See Figures 1-5). REVIEWED BX: .V DATE: -1 N- 9 7 APPROVED BY: 1►� DATE: Community Deve pment epresentative hlaoblgeneral.aob (Forth Revised 2197) FIGURE z Z uj Qf m LJ < z < M X? 0 < 0 < < W< Z -j wwL) cc Q� CO 0, > < z 0 0 U. CO 0 C) 0 Mi u <-j Li -<1 . 0 < cc c) • < I-- 0 < J a z U)==i z LJ 0Li U C� C) < z 0 C5 Ll Li JZ) Lj. L-J. LL) I-- 0 1 L) < V) < Lli 1) 0 CC CL /�%oaJ JO +ct .,, cw• 4 .J • � .�'//i�/ �j• v'�, ,`• 'rte i 111 ` a,ao. c O• - N o . S rN Ocr baf i.{•� W r � d �. YNOµ • O ft ob I I+M}f Y 8 t 6 a tSLpHQ RO ,� •s ¢ o 6£1µ£l a • ,� oo W a N ` C w RO i s u i Sr Cw/` SE`C£R ur 6L40 wow, Cj i 2Q m Y7 plµ�� O Q a V oOSY aO Z a R9N. J O�a MPIR£ Pv \ • � Q i/ a � R0 ~�� �o o R F• Otto , 0 6 � N 1` y,• \y O d O a QIc \ SPSSPyPRP 70 V .yam �6Pa ,NI! ID cr O � .� P ,vhs r ERTt • rI. ff� 4Y. I,y•NO4, a dSSvdm Ul la PO 1 V I SLJ" n nr r ° FIGURE 3 OAKLEYINORTH BRENTWOOD N AREA OF BENEFIT y 1 .5 CO rn rn QST`{ �SFf' NOT TO SCALE r `� 4050 NIOC DQE f 4 GATE UR AV Dutch OAKLEY �� TiOCH 4 �"' D PROPOSED ADDITION p j RD '`' rry 9: . CYPR RD o CR E S,x O c7 D• � cn D 44 KNIGHTSEN d E D LT R TREE WAY D SUN SET RD D � m � - r a rn m n cin �T DAINTY,,- AY 6REN WOOD RD Z BALFOUR < RD < q BRENTWOOD << D r C FIGURE 4 W z p m W O 1 z - O Z o Q W rr 0 r _ t LL] 070Y 477X79 U p dr t O C 0 U F O .� o p O Sc t ` v u C C V .1♦K RD(H f J,7MM9fF( 3.1C1S AIMFOR< MG4-L2 «oaxc = = 1 f C J a K � � S ✓ t 3 r _ o r b W f W � o � \ mr �\ P r '\ VO \ D �y O W4 Q' •, u � � d q v I 05 a. 3 -Y ✓� `� . � � o _ ► 3 / Y � � s � err' � ► j l N •`�� } .rte �` W \ , `•J a NttS � I r i t � O •\ a � ., 4 5 ADDENDUM TO THE REVISED DEVELOPMENT PROGRAM REPORT FOR THE DISCOVERY BAY AREA OF BENEFIT MITIGATION FEE Prepared by and for the Contra Costa County Public Works Department July 22, 1997 t • ADDENDUM TO THE DEVELOPMENT PROGRAM REPORT FOR THE DISCOVERY BAY AREA OF BENEFIT This Addendum to the Development Program Report gives background information on the revision in the fee schedule to remove the State Route 4 Bypass component of the Discovery Bay Area of Benefit fee program. The portion of the fee schedule funding local road improvements will not change. All the key elements in the Program Development Report, including the local project list, fee area, development potential and basis for fee apportionment, remain the same. The Discovery Bay Area of Benefit was first adopted by the Board of Supervisors on September 18,1979 to improve the safety and capacity of State Route 4 in the vicinity of Discovery Bay. The Area of Benefit was first updated in 1981 and once again in 1987. At this time, the State Route 4 Bypass was added to the Area of Benefit project list and a separate trust fund established for its construction. This resulted in the fee being comprised of two parts, one to fund the construction of the State Route 4 Bypass and the other for local road improvements. We are proposing to remove the portion of the area of benefit fee specifically designated for the State Route Bypass entirely from the fee schedule for the Discovery Bay Area of Benefit. Residential developments in the area of benefit will continue to contribute to the State Route 4 Bypass project through the East Contra Costa Sub-Regional Transportation Mitigation Fee program adopted by the Board of Supervisors on April 19, 1997. The remaining development in the Discovery Bay Area of Benefit is comprised solely of single family residential housing. The existing single family rate is $2625 per dwelling unit includes the State Route 4 Bypass contribution of $1730 and $895 for local road improvements. The proposed revision in the fee schedule will reduce the existing fee of $2625 per single family unit to $895. This Addendum is required by the County Board of Supervisor's Policy on Bridge and Major Thoroughfare Fees (adopted July 17, 1979), which implements Division 913 of the County Ordinance code and applied to areas in unincorporated Contra Costa County. This Development Program Report Addendum is also in fulfillment of Sections 66484 of the State Subdivision Map Act. NW:nw:eh g:\transen g\97tetem p\DiscoAOB.wpd 7/7/97 ADOPTED BY THE BOARD OF SUPERVISORS ON 3 , 1992 REVISED DEVELOPMENT PROGRAM REPORT t 7 S 3 FOR THE DISCOVERY BAY AREA OF BENEFIT PROVIDING FUNDING FOR CONSTRUCTION OF MAJOR THOROUGHFARE IMPROVEMENTS IN THE DISCOVERY BAY AREA PREPARED PURSUANT TO SECTION 913 COUNTY ORDINANCE CODE CONTRA COSTA COUNTY PUBLIC WORKS AND . COMMUNITY DEVELOPMENT DEPARTMENTS REVISES REPORT, ADOPTED BY THE BOARD OF SUPERVISORS DATED November 3, 1987 FILED ov _3 W2 I CLERK ;.. REVISED DEVELOPMENT PROGRAM REPORT FOR THE DISCOVERY BAY AREA OF BENEFIT PURSUANT TO THE MAJOR THOROUGHFARES AND BRIDGES FEE AREA POLICY INTRODUCTION The Discovery Bay Area of Benefit was first adopted by the Board of Supervisors on September 18, 1979 to improve the safety and capacity of State Route 4 in the vicinity of Discovery Bay. The Area of Benefit was first updated in 1981 and once again in 1987. This revised 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. The revision in the development report and Area of Benefit fee is needed to reflect an updated project list, program costs and land use information. Since 1987,when the latest report was approved, additional growth has occurred and projects from the project list been constructed. There have also been changes in the estimated cost of the Delta Expressway project, a portion of which is funded by the Discovery Bay Area of Benefit. The changes in the project list and thus costs, and in projected development change the current Area of Benefit fee. In addition, the existing Discovery Bay Area of Benefit boundaries have been slightly modified to include an area northwest of the existing boundaries. This report proposes a means of providing funds for the construction of road improvements to service potential new residential development within Discovery Bay. The capacity of the existing road network will be exceeded leading to an increase in traffic congestion, if road improvements are not constructed in conjunction with new development. GENERAL 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 has been slightly modified to include an area northwest of the original boundary established in 1979. This area is however, entirely within the Discovery Bay development. The revised Areas of Benefit boundaries will now be consistent with the physical limits of Discovery Bay. The revised Area of Benefit boundary is shown in figure 2 and described in Appendix"A". .l1 NI)O_2 2. .1 o a •_- �. 2 is --------- cl Q 1 Q 1.L, o a t LL cr- 1 as '-___•� _ ...•i� y Vr _ t u • �-f t C.o a LL CL CA o '% a �.J r � T . CCS CIO CD ul x CD cc v 7 o .. J 2 s 0 i Q cc ...... ......... ......... ...... 3 N Ellca U— 0 cc �O Y3-txia Vr� CVOW p CV � 0 d .Q X s W V c c v z y }4Mtt9tFt 3,yY1S x < IV JA1491H riaas.a < a � � a o _ J � ..[ W r COMPLIANCE WITH SECTION 66001 (a) OF THE GOVERNMENT CODE 1) PURPOSE OF FEE The purpose of this area of benefit is to generate monies through the adoption of fees that will ensure a roadway network that will allow for the transportation needs for now and the future. By adoption of this fee, the roadway system can keep pace with the new growth for the area. 2) USE OF THE FEES The fees will be used to generate monies to pay for the road improvements described in Appendix 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 raised medians, general lighting, landscaping, extensive longitudinal storm drain systems, curbs and sidewalks, are not included. These necessary 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) 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 the capacity of the road network serving the Discovery Bay area as determined by future growth allowed for in the General Plan. The road network is outlined in the General Plan for Discovery Bay under the circulation element. 4) RELATIONSHIP BETWEEN NEED FOR ROAD IMPROVEMENTS AND TYPE OF DEVELOPMENT For each type of development outlined in this program report, a PM peak trip generation factor has been associated with each. These factors are industry standards, obtained from the Institute Of Transportation Engineers, Trip Generation, 4th Edition. The proposed fee is then based on the type of development use of the roadway system during the peak hour.The increased p.m. peak hour traffic directly relates to road use, leading to overuse and congestion on an already impacted roadway system. Therefore, new development will be required to pay a fee to fund the needed roadway improvements. 3 GENERAL PLAN RELATIONSHIP The basis for the Discovery Bay 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 CAPACITY IMPROVEMENT PLAN This road network capacity improvement plan was developed using the Circulation Element and the development potential identified in the original Discovery Bay Development General Plan Amendment now incorporated into the existing 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 Area of Benefit fees. Other funding sources will be actively pursued to make up the remaining project costs. The proposed road plan will help to improve the capacity needed to serve the increasing population and traffic flows generated by Discovery Bay. This Area of Benefit will only finance the minimum interim roadway needed to meet traffic level of service and safety demands. Several of the original projects described in the 1987 Development Report have been constructed. Three additional projects have been added to the current project list that are of benefit to the residents of Discovery Bay. The list of the proposed projects is described and shown in Appendix "B". One of the projects has received a commitment of State funding for the remaining two-thirds of the project cost the Area of Benefit will not cover. The remaining projects will be constructed as fees are collected and other funding sources secured. Periodic review will be made to evaluate growth impacts and facility costs. Growth and costs are considered significant variables in this road improvement plan. Their effects, along with other information, will be included in periodic updates of this plan if it is to maintain its adequacy. DEVELOPMENT POTENTIAL WITHIN AREA OF BENEFIT The development potential for the Area of Benefit was estimated using the existing County General Plan and other resources. The number of approved and proposed residential units in the area and the number of building permits that have been issued to date were used to derive this value. Fees for the Area of Benefit are collected when a building permit is issued for those properties that have approved tentative maps prior to the adoption for this Revised Development Report and for developments which do not require filing of subdivision maps. 4 Since 1979 the Area of Benefit fee has only been assessed on single family and multi- family residential units. All of the proposed and approved multi-family residential lots have been issued a building permit thus the revised fee is based only on an estimate of the potential number of single family units yet to be constructed. A summary of the estimated residential development potential is shown in Table 1. Table 1 Discovery Bay Residential Development Potential Land Use Category Housing Units Single - Family 460 Multi - Family 0 AREA OF BENEFIT FINANCIAL RESPONSIBILITY The proposed projects for the Discovery Bay Area of Benefit consist of road improvements to Byron Highway at Byron Elementary School and the construction of the "ultimate" configuration for the Byron Highway and State. Route 4 intersection. The latter will be constructed in two stages and as a result, is listed as two separate projects on the project list. The revised Area of Benefit will fund only one third of the estimated project cost for each of the three projects described above. The total Area of Benefit Share of the projects is approximately$426,800 as shown in Appendix"B". The total cost for each project includes costs for road construction, right of way,engineering and incidentals with contingencies. These costs do not include frontage improvements which are considered the responsibility of the fronting property owners. The above amount of $426,800 to fund new Area of Benefit projects, will be used to derive the "base" Area of Benefit fee. This base fee will be added to the revised Delta Expressway contribution by the Area of Benefit,to arrive at the total revised fee per single family unit. The Delta Expressway contribution is discussed below. New development in the East County has heavily impacted the existing road system making it imperative to build a bypass to State Route 4 between Antioch and South Contra Costa County. The proposed Delta Expressway, which will be a regional transportation facility, will provide an alternate route for traffic currently using State Route 4. State Route 4 is an undivided two lane road with narrow shoulders at several locations and inadequate for the estimated future traffic volumes. 5 In 1987 a portion of the Delta Expressway cost was added to the Discovery Bay Area of Benefit project list. The amount of the current Discovery Bay Area of Benefit fee designated for the Delta Expressway is being held in a separate trust fund account. The Delta Expressway is a regional route benefiting an area larger than Discovery Bay and as such, monies for its construction are separated from general Area of Benefit fees. The current Discovery Bay contribution to the Delta Expressway is approximately $900 per single family (SF) unit out of the total fee of $1,600 per SF unit. We are proposing to raise this amount ($900 per SF) to $1,730 per SF unit to equal that contributed by the Oakley/North Brentwood Area of Benefit. The Discovery Bay contribution is low when compared to that paid by other East County areas of benefit. Increasing the Discovery Bay contribution would make it more equitable with other areas of benefit are required to pay at this time. The costs of the Delta Expressway and east-west connector to State Route 4, have risen considerably since the Discovery Bay Area of Benefit contribution was first adopted in 1987. For example, the cost of improvements of the east/west connector was originally estimated at 4.2 million in the 1987 Development Program Report. The current cost estimate for its construction is 16 million. It is not reasonable to expect potential Discovery Bay development to pay a higher fee based on the total above increase. The State Route 4 Bypass Authority is now considering the adoption of a development fee to assess on all new East County development to fund the construction of the Delta Expressway. For example, the recommended fee for a single family unit would be$2,920. The proposed fee structure is still under study by the State Route 4 Bypass Authority and in the environmental process. We are proposing to increase the Discovery Bay portion of the Delta Expressway only to $1,730 per single family unit at this time. This Development Report will be reviewed periodically and project lists, costs and land use information updated if necessary. If in the future,the State Route 4 Bypass Authority formerly adopts a fee structure to fund the construction of the Delta Expressway, the proposed Discovery Bay contribution of$1,730 per single family unit will be re-evaluated. Please refer to Table 2 for a summary of costs and expenditures for the Area of Benefit. The dollar amounts shown are rounded. 6 Table 2 1. Area of Benefit fees collected to $2,677,600 date (as of 4/13/92, approximate) Trust Fund Interest (over life of Area of Benefit) $646,100 $3,323,700 Costs billed to Area of Benefit - (Project construction, administration) $3,300,800 Balance in Area of Benefit $22,980 II. Estimated cost to construct $426,800 projects (Area of Benefit Share) III. Subtotal (Section I minus II) $403,900 2% Administration $8,100 Total to be used to derive Area of Benefit base fee $412,000 The revised Delta Expressway contribution as discussed earlier, will be $1,730/single family unit. BASIS FOR FEE APPORTIONMENT In the proposed Area of Benefit, there is only one category of land use for which a fee will be assessed, single family residential. There are no longer any multiple family residential areas that have not developed i.e. been issued a building permit. The total project cost is usually divided by the number of p.m. peak hours trips generated by a particular land use category, in the case of Discovery Bay, since the remaining development which will be assessed a fee is comprised entirely of residential units, the cost will be equally distributed among these remaining units. 7 CALCULATION OF FEES The remaining development to be assessed a fee within Discovery Bay is comprised of only a single land use category, single family residential. Usually the costs of a road improvement program are allocated to several land use categories in proportion to the number of p.m. peak hour trips generated by that category. In the case of Discovery Bay however, 100% of the costs of the proposed road improvements will be assigned to the remaining single family units yet to be constructed. In 1987, the Area of Benefit fee was assessed on single and multi-family dwelling units. There are no longer any mufti-family units that have not pulled building permits thus they are no longer considered as "potential development". The fee calculation is shown below. Table 3 shows the p.m. peak hour factor and resultant percentage of trips assigned to the single family residential land use category for clarity. Table 3 Discovery Bay Trip Generation Land Use Units P.M. Peak P.M. Trips % Trips Hour Factor f Single Family 460 1.0 460 100% Total 460 100% Since 100% of the road improvement costs are assigned to the remaining single family units yet to be developed, the total shown in table 2 will simply be divided by the number of remaining single family units to derive the "base" fee. Area of Benefit Financial Responsibility $412,000 Single Family Dwellings 460 Units Base Area of Benefit fee (rounded) $895 per Single family unit As discussed in earlier sections, the proposed share by the Discovery Bay Area of Benefit for the construction of the Delta Expressway is $1,730/single family unit. 8 RECOMMENDED FEE The recommended fee for the Discovery Bay Area of Benefit resulting from the addition of the Discovery Bay road network base fee portion and the Delta Expressway fee portion is $2,625 per single family dwelling unit. ANNUAL REVIEW OF FEES Project cost estimates will be reviewed annually by analyzing the previous year's change in the California Construction Cost Index as published annually by California State Department of Transportation. Appropriate adjustments in the fees may then be established by ordinance. COLLECTION OF FEES To assure that funds are available to construct needed road improvements before newly generated traffic exceeds the capacity of existing facilities, fees will be collected in accordance with Section 913-4.202 of Title 9 (Subdivisions) of the Contra Costa County Ordinance Code. Fees may be collected prior to the filing of the subdivision map if the provisions of Government Code Section 53077.5 are met. For those properties that have approved tentative maps prior to the adoption of this revised area of benefit and for developments which do not require filing of subdivision maps, the fee will be collected when the building permit is issued in accordance with Section 913-4.204 of Title 9 (Subdivisions). Fees collected will be deposited in an interest bearing trust account entitled "Discovery Bay Area of Benefit". INTEREST ON FEES The interest accrued on the fees collected in this area of benefit shall continue to accumulate in the same account and shall be used to cover the cost of administration, design, and construction of the fee area improvements. IN LIEU DEDICATION A development may provide the right of way and construct the road improvements identified in Appendix B. In such a case the developer may be eligible to-receive credit or reimbursement. NWip c:D8AOB.t5 September 23, 1992 9 Discovery Bay AOB WO. 4065 EXHIBIT "A" A portion of Sections 23, 24, 25, 26, 35 and 36, Township 1 North, Range 3 East, Mount Diablo Meridian, in the county of Contra Costa, California, described as follows: Beginning at a 2-inch Iron Pipe at the southwest comer of that parcel of land, described in the deed to Cechini Robert, Inc., recorded July 10, 1989 in Volume 15185 of Official Records at page 325, being also on the north right of way line of HIGHWAY 4; thence from the Point of Beginning, north 89°12'29"west 4750.91 feet to a 3/4-inch bolt and washer; thence south 86°36'24" west 667.26 feet to a 1-1/2-inch iron pipe; thence north 86045'06" west 741.00 feet to a 5/8-inch rebar; thence south 89013'02" west 533.12 feet to a 5/8-inch rebar; thence south 78000'07' west 1258.93 feet; thence southwesterly along a tangent curve to the right having a radius of 382.00 feet through an angle of 12043'31u, an arc distance of 84.84 feet; thence tangent to said curve north 89°16'22" west 15.30 feet; thence south 0059'09"west 60.00 feet; thence north 89°16'22"west 1321.79 feet; thence north 0°56'27' east 2639.76 feet; thence north 0°59'32" east 2645.39 feet; thence south 89008'09" east 1388.00 feet; thence north 47°37'44" east 1515.37 feet; thence northeasterly along a tangent curve to the left having a radius of 660.00 feet through an angle of 14002'20", an arc distance of 161.72 feet; thence north 47°23'00" east 123.10 feet; thence north 16018'57" east 489.23 feet; thence north 15055'12" east 300.00 feet; thence north 15043'32" east 600.21 feet; thence north 14059'17' east 344.51 feet; thence north 17°33'17" east 300.09 feet; thence north 16003'32' east 220.63 feet to the most westerly corner of Lot 18, as shown on Subdivision 5811. filed March 13, 1980 in Book 236 of Maps at page 4; thence north 16°03'32" east 139.38 feet; thence north 18°40'12" east 26.73 feet; thence north 4000'53"west 202.00 feet, more or less; thence north 12°34'30"west 273.00 feet, more or less; thence north 37°34'30" east 205.00 feet, more or less; thence south 42027'30" east 215.00 feet, more or less; thence north 33°30'07' east 75.00 feet, more.or less; thence north 14°18'00"east 260.00 feet; thence north 19°12'00" west 27.72 feet; thence north 82000'00" east 15.00 feet, more or less; thence north 55°00'00" east, 130.00 feet, more or less; thence north 32049'38" east 15.00 feet, more or less; thence north 32°36'09"west 30.00 feet, more or less; thence north 82°50'17'east 374.00 feet, more or less; thence north 83014'07' east 507.95 feet; thence north 84025'17' east 329.57 feet; thence north 81°53'52"east 419.06 feet;thence north 82039'37'east 300.01 feet;thence north 82037'22" east 300.02 feet; thence north 82025'02" east 265.01 feet; thence north 82022'27' east 570.10 feet; thence north 87°17'02" east 82.74 feet; thence south 58054'13" east 168.88 feet; thence south 69031'13" east 43.97 feet; thence north 82038'57 east 172.35 feet; thence south 87°58'43" east 73.67 feet; thence south 83°56'58" east 246.74 feet; thence south 79055'08" east 176.44 feet; thence north 77°14'02" east 62.13 feet; thence north 5T14'12" east 49.86 feet; thence north 43°06'52" east 26.12 feet; thence north 21°46'37' east 3203 feet; thence north 14°54'32" east 55.15 feet; thence north 2038'12" east 76.77 feet; thence north 10°04'07" east 93.55,feet; thence north 2732'47" east 87.19 feet; thence north 34036'52" east 63.80 feet; thence north 45°23'17" east 71.36 feet; thence north 35°01'32" east 173.30 feet; thence north 44°21'42" east 78.12 feet; thence north 6709'37" east 76.44 feet; thence south 81°13'28" east 7120 feet; thence south 70°22'33" east 96.67 feet; thence south 71002'13" east 80.05 feet; thence south 76051'23" east 3.33 feet; thence south 89002'35" east 779.76 feet; thence south 0°57'32" west 216.15 feet; thence south 7722'13" east 31.45 feet; thence south 13053'01" west 327.93 feet; thence south 0044'31" west 9790.61 feet, to the Point of Beginning. MH:jlg c\ex:disco".aob 9/29/92 Appendix B DISCOVERY BAY AREA OF BENEFIT PROJECT LIST Road Name Description Estimated Total Estimated Project Cost AOB Share 1 Byron Hwy. Construction of improvements at $217,000 $72,350 Byron Elementary School 2 Byron Hwy. at SR4 Construct signal and interim $420,000 $140,000 (Stage 1) intersection improvements 3 Byron Hwy. at SR4 Construction of ultimate $634,000 $214,440 (Stage 2) intersection improvements Total $1,271,000 $426,790 NW:eh c:DBAOB.t5 September 23,1992 10 ADDENDUM TO THE REVISED DEVELOPMENT PROGRAM REPORT FOR THE EAST COUNTY REGIONAL AREA OF BENEFIT Prepared by and for the Contra Costa County Public Works Department July 22, 1997 f ADDENDUM TO THE REVISED DEVELOPMENT PROGRAM REPORT FOR THE EAST COUNTY REGIONAL AREA OF BENEFIT This Addendum to the Development Program Report gives background information on the revision in the fee schedule to remove the State Route 4 Bypass component of the East County Regional Area of Benefit fee program. The portion of the fee schedule funding local road improvements will not change. All the key elements in the Program Development Report, including the local project list, fee area, development potential and basis for fee apportionment, remain the same. The East County Regional Area of Benefit (formerly a part of the Countywide Area of Benefit) was first adopted by the Board of Supervisors on March 15, 1988 to improve the safety and capacity of the arterial road network in Contra Costa County. The State Route 4 Bypass was included on the Area of Benefit project list and a separate trust fund established for its construction. This resulted in the fee being comprised of two parts, one to fund the construction of the State Route 4 Bypass and the other for local road improvements. We are proposing to remove the portion of the Area of Benefit fee specifically designated for the State Route Bypass entirely from the fee schedule for the East County Regional Area of Benefit. Developments within the Area of Benefit will continue to contribute to the State Route 4 Bypass project through the East Contra Costa Sub-Regional Transportation Mitigation Fee program adopted by the Board of Supervisors on April 19, 1997. The total cost of projects funded by the East County Regional Area of Benefit fee program is approximately $19.9 million. The Area of Benefit share of the State Route 4 Bypass project was estimated to be $3.4 million. If the State Route 4 Bypass contribution is removed, this results in $16.5 million in local road improvements to be funded by the Area of Benefit. When this amount is uniformly distributed between the 5 land use categories, the resultant fee schedule is as shown in the table below in the column labeled "Portion of Fee for Local Road Improvements." EXISTING SR4 PORTION OF FEE PROPOSED LAND USE FEE' BYPASS FOR LOCAL EAST COUNTY PORTION IMPROVEMENTS AOB FEE Single Family Residential $ 1,994 $ 345 $ 1,649 $ 1,649 Multi Family Residential $ 1,596 $ 276 $ 1,320 $ 1,320 Commercial $ 4.99 $ 0.86 $ 4.13 $ 4.13 Office $ 3.19 $ 0.55 $ 2.64 $ 2-64 Industrial $ 1.40 $ 0.24 $ 1.16 $ 116 This Addendum is required by the County Board of Supervisor's Policy on Bridge and Major Thoroughfare Fees (adopted July 17, 1979), which implements Division 913 of the County Ordinance code and applied to areas in unincorporated Contra Costa County. This Development Program Report Addendum is also in fulfillment of Sections 66484 of the State Subdivision Map Act. NW:nw:eh g:\transeng\97tetemp\EastCoad.wpd 7ni97 s ADOPTED BY THE BOARD OF SUPERVISORS ON March 9, 1993 REVISED DEVELOPMENT PROGRAM REPORT FOR THE COUNTYWIDE AREA OF BENEFIT PROVIDING FUNDING FOR CONSTRUCTION OF COUNTYWIDE ROAD IMPROVEMENTS PREPARED PURSUANT TO SECTION 913 COUNTY ORDINANCE CODE CONTRA COSTA COUNTY PUBLIC WORKS and COMMUNITY DEVELOPMENT DEPARTMENTS REVISED DEVELOPMENT PROGRAM REPORT FOR THE COUNTYWIDE AREA OF BENEFIT PURSUANT TO THE BRIDGE CROSSING AND MAJOR THOROUGHFARES FEE AREA POLICY INTRODUCTION AND PURPOSE 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 Contra Costa County through the establishment of a traffic mitigation fee ordinance. This ordinance applies to the unincorporated areas of Contra Costa County and is required of all new development. This Revised 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. The Countywide Area of Benefit is being revised to modify the existing boundaries only. The project list, estimated project costs, cost allocation, fee apportionment and traffic mitigation fees will remain the same at this time. The original Countywide Area of Benefit was divided into seven regions, each with its own fee schedule. The seven regions are called West County, Central County, Lamorinda, Alamo, South County, East County, and Bethel Island. Three of the regions, West County, Central County and East County, were .urther divided into subareas. New development within a subarea is assessed a fee based on the fee schedule for the respective region. Fees collected for a particular region and subarea are held in a separate trust fund account specific to that area. This is to ensure that money collected within the region and/or subarea is used to improve the road deficiencies in that area only and not to be diverted for use elsewhere in the County. The revised boundaries for the Regional Areas of Benefit will now coincide with the boundaries of the seven regions described above, in addition to the Contra Costa County boundary. The funding mechanism and trust fund accounts specific to a particular subarea and/or region, will remain in place but now be specific to a particular Regional Area of Benefit. The proposed boundary revision will allow the Public Works Department staff to update and administer the large Countywide Area of Benefit more efficiently by creating seven smaller Regional Areas of Benefit. The Regional Areas of Benefit can then be updated independently after evaluation of the project lists, program costs, and land use information specific to the particular Area of Benefit. A separate Development Program Report will be prepared for each of the 7 Regional.Areas of Benefit as it is updated. Figure 1 shows the location of the proposed Regional Areas of Benefit. One of the objectives of the Contra Costa County General Plan is to relate new development directly to the provision of community facilities necessary to serve that development. The Regional Areas of Benefit are proposed as a means of providing funds to continue to construct the identified road improvements in the original Countywide Area of Benefit. These road improvement projects will service potential new residential and commercial development in the County. Contra Costa County continues to. provide an ideal location for present and future development. As a result, the County's arterial road network, which is already reaching capacity, will continue to face increasing pressure from future growth. Development in the form of a single residence, a single business enterprise or a single commercial project occurs throughout much of the unincorporated areas of the County. When a development is outside an established area of benefit it is often difficult to equitably assess its off-site traffic impacts. Such developments may not be conditioned to contribute towards the mitigation of their off-site traffic impacts. Cumulatively, this can and has resulted in a substantial loss of road improvement funds to the County. Seven Countywide Regional Areas of Benefit are proposed to continue to ensure that all development within the unincorporated areas of the County will share in the cost of improving the County's road system. Formation. of the original Countywide Area of Benefit was expected to provide local funding to meet the improvement needs for roadways of general public interest. The proposed separate Regional Areas of Benefit are anticipated to continue to provide needed local funding. AREA OF BENEFIT - LOCATION The Regional Areas of Benefit include all of the unincorporated areas of Contra Costa County (Figure 1), except as described below: 1. The Discovery Bay, Oakley/North Brentwood, EI Sobrante, West Pittsburg, Crow Canyon Road Extension and Pacheco Areas of Benefit. These areas of benefit have a Development Program Report detailing the amount of fees to be collected within their respective boundaries and the road improvements on which collected fees are to be expended. 2. The Canyon Lakes development in the San Ramon area. These lands have been conditioned to contribute funds for the construction of certain improvements east of 1-680. 3. The Pleasant Hill BART Station Specific Plan Area. Under the Specific Plan, these lands have been required to contribute funds for the construction of certain off-site road improvements. 4. Assessment District 1984-2 (A.D. 1984-2). A.D. 1984-2 was formed to fund the construction of certain area-wide improvements described in the North Concord/Bates Avenue Area of Benefit. Development Program Report (adopted on April 9, 1985, rescinded in June 1986). . 5. Any development required under conditions of approval construct certain off-site road improvements in lieu of fee payment. 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. Assessing fees on minor subdivisions in Agricultural Preserve and Open Space does not serve the Board of Supervisors' land use policy of preserving these lands. However, new residences on agricultural lands should be required to pay their fair share towards road improvements needed to serve the General Plan. Therefore, fees will not be required of minor subdivisions in Agricultural Preserve or Open Space, but fees will be charged on these lands if a building permit for new construction is applied for. AREA OF BENEFIT - ADMINISTRATION The seven Regional Areas of Benefit and respective subareas are shown below: Regional Area of Benefit Subarea West County Hercules/Rodeo/Crockett West County Kensington Central County Martinez Briones Central County South Walnut Creek Lamorinda Lamorinda Alamo Alamo South County South County =ast County Pittsburg/Antioch Marsh Creek East County Bethel Island Bethel Island The approximate boundaries of the Regional Areas of Benefit and subareas are shown in Figure 1. Fees will only be assessed on the unincorporated lands within each Regional Area of Benefit and subarea. The Board of Supervisors' Transportation Committee will oversee the seven Regional Areas of Benefit. Established traffic advisory committees, or new ones formed with committee members appointed by the Board of Supervisors, will help to provide community input when updating a Regional Area of Benefit. The committees will advise the Board on project priority and allocation of funds in accordance with the anticipated needs of the communities. Public Works will provide staff support to the committees. ROAD NETWORK CAPACITY IMPROVEMENT PLAN 'n recent years, there has been considerable traffic pressure on the County's road network. In some areas of the County, traffic congestion is already very heavy and is expected to become worse in future years. The road capacity improvement project list, Appendix A, is primarily based on the Countywide Transportation Project Phase I (CTP) Report (May 1983). The CTP report was prepared to evaluate the County's future course in transportation and related land development. The report provided a review of development patterns to identify developing areas and resulting impacts on the transportation CD i .40, f -' f•''r� �.7 �:%fir"1 CD CD co IA 00000 s✓ eft �, ���+ `� � '• b / e b (� d L Opp � system. Only roadways of general public interest will be considered for funding through an area of benefit. The proposed Regional Areas of Benefit will help to offset the funding shortfall for the roadway capacity improvements needed to satisfy the traffic operations and safety demands along the County's highways. Other works which do not have a direct effect on capacity, such as raised medians, general lighting, landscaping, extensive longitudinal storm drain systems, curbs and sidewalks, are not included. These necessary facilities are considered as frontage improvements by the Board of Supervisors and are the responsibility of the owners of the adjacent properties. The road capacity improvement programs proposed by the Regional Areas of Benefit will be reviewed periodically to assess the impacts of changing travel patterns, the rate of estimated potential development, and the adequacy of the estimated road improvement project costs. The Regional Areas of Benefit will be then updated as needed. GENERAL PLAN RELATIONSHIP The basis for the Regional Areas 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. DEVELOPMENT POTENTIAL WITHIN THE AREA OF BENEFIT When the original Countywide Area of Benefit was adopted, the County's Community Development Department was in the process of updating the current County General Plan. It was in the best interest of the general public to form the Countywide Area of Benefit at the time. A postponement would have resulted in development occurring without contributing to area road improvement needs, a significant loss of potential local road funds and a less equitable spread of the road improvement costs to the remaining development. The development potential for the original Countywide Area of Benefit was obtained through a combined use of the 1985 to 2005 projected increase in household and employment figures from ABAG PROJECTIONS '85, the Contra Costa County Growth Trends (1985) report, the County zoning atlas, County base maps and other similar aids. The development potential for the Regional Areas of Benefit will remain the same at this time but will be re-evaluated as each new Regional Area of Benefit is updated. A summary of the estimated development potential is shown in Table 1. Table 1 Summary of Development Potential Category Floor Area Or Units Single Family Residential 8544 Dwelling Units Multi-Family Residential 5358 Dwelling Units Office 668,720 Square Feet Industry 2,334,240 Square Feet Retail 1,114,580 Square Feet Service 1,030,860 Square Feet The specific land uses that will be assessed an area of benefit fee are: 1. Single Family Residential 2. Multiple Family Residential 3. Office 4. Industrial 5. Commercial - (This category includes commercial retail activities and commercial services operations.) FUNDING SOURCES The Regional Areas of Benefit may fund all or a portion of the desired road improvements for a particular area. Other sources of funding which may be used in conjunction with AOB fees are State and Federal aid or local sources such as sales tax, gas tax, tolls, etc... The timing of the construction of an AOB project is dependent on the total number of fees collected less expenditures. If alternate sources of funding are secured, an AOB project can be constructed that much faster. ESTIMATED COST OF ROAD NETWORK IMPROVEMENTS The road improvement cost estimates shown in Appendix A include construction, right of way, engineering, incidentals and contingencies. The cost estimates do not include items which do not have a direct effect on safety or capacity, such as raised medians, general lighting, landscaping, extensive longitudinal storm drain systems, curbs and sidewalks. These necessary improvements are considered 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. The typical road sections and right of way requirements are shown in Appendix B. In some regions project costs are reduced by other potential funding which may include Federal and State funds or joint projects with cities. In all of the regions the project costs have been increased by approximately 1% to cover the cost of administration. This includes the estimated staff time for fee :ollection, accounting, and technical support to the community groups and traffic advisory committees. 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. To summarize, the five categories of land use for which a fee will be assessed in the Regional Areas of Benefit are single family residential, multiple family residential, office, industrial and commercial. The total project cost is divided by the number of p.m. peak.hour trips generated by each category. In the residential categories, the cost is equally distributed between all dwelling units. In the office, industrial and the commercial categories, the cost is distributed on the basis of each square foot of gross floor area. Neighborhood shopping centers, restaurants, banks and service stations have p.m. peak hour factors from 0.01 to 0.02 trips per square foot of floor area and fast food restaurants have a factor of about 0.01 trips per square foot of floor area. These factors are much higher than those of regional shopping centers (0.0028 trips per square foot of floor area) and offices (0.0022 trips per square foot of floor area). While it is true that these facilities do generate a large number of trips, a large percentage of the trips are from within the community, and therefore, they are shorter in length than trips generated by regional shopping centers and offices. Also neighborhood commercial and service operations tend to develop in response to needs of communities. Trips: generated by these facilities originate from residential development and thus have already been counted. We recommend using a p.m. peak hour factor of 0.0025 trips per square foot of floor area for Commercial development. We have also reduced the factor generally used for Office development by approximately 30% to 0.0016 because Contra Costa County has adopted a Transportation Systems Management Ordinance with a trip reduction goal similar to the percent used here. CALCULATION OF FEES Regional Area of Benefit West County Subarea Estimated Proiect Cost Hercules/Rodeo/Crockett $2,010,000 West County 3,040,000 Kensington 350,000 SUBTOTAL $5,400,000 OTHER POTENTIAL FUNDING 1,095,000 SUBTOTAL $4,305,000 ADMINISTRATION 45,000 TOTAL $4,350,000 PM Peak #PM- % Total .and Use Units Hour Factor Trips Trips Fees Sing Fam 661 DU 1.00 661 25.1 $1,648.00 Multi Fam 951 DU 0.80 761 28.8 1,319.00 Office 88,400 SF 0.0016 141 5.3 2.63 Industry 485,280 SF 0.0007 340 12.9 1.15 Commercial 294,520 SF 0.0025 736 27.9 4.12 Regional Area of Benefit Central Subarea. Estimated Project Cost Martinez $4,200,000 Briones 1,500,000 Central County 3,050,000 South Walnut Creek 323,000 SUBTOTAL $9,073,000 OTHER POTENTIAL FUNDING 700,000 SUBTOTAL $8,373,000 ADMINISTRATION 77,000 TOTAL $8,450,000 PM Peak #PM- % Total Land Use Units Hour Factor Trips Trlps Fees Sing Fam 1,069 DU 1.00 1,069 29.1 $2,300.00 Multi Fam 1,289 DU 0.80 1,031 28.1 1,840.00 Office 171,340 SF 0.0016 274 7.5 3.68 Industry 64,800 SF 0.0007 45 1.2 _ 1.60 Commercial 502,020 SF 0.0025 1,255 34.2 5.75 Regional Area of Benefit Lamorinda Subarea Estimated Proiect Cost Lamorinda $75,000 ADMINISTRATION 1,000 TOTAL $76,000 PM Peak #PM- % Total _and Use Units Hour Factor Trips Trips Fees Sing Fam 0 DU 1.00 0 0 $0.00 Multi Fam 0 DU 0.80 0 0 0.00 Office 0 SF 0.0016 0 0 0.00 Industry 0 SF 0.0007 0 . 0 0.00 Commercial 0 SF 0.0025 0 0 0.00 Regional Area of Benefit Alamo Subarea Estimated Project Cost Alamo $3,625,000 ADMINISTRATION 40,000 TOTAL $3,665,000 PM Peak #PM- % Total Land Use Units Hour Factor Trips Trips Fees Sing Fam 409 DU 1.00 409 24.6 $2,201.00 Multi Fam 661 DU 0.80 529 31.8 1,762.00 Office 93,080 SF 0.0016 149 8.9 3.52 Industry 0 SF 0.0007 0 0 0.00 Commercial 231,160 SF 0.0025 578 34.7 5.50 Regional Area of Benefit South County Subarea Estimated Project Cost South County $1,750,000 ADMINISTRATION 17,500 TOTAL $1,767,500 PM Peak #PM- % Total and Use Units Hour Factor Trips Tris Fees Sing Fam 156 DU 1.00 156 46.6 $5,276.00 Multi Fam 224 DU 0.80 179 53.4 4,216.00 Office 0 SF 0.0016 0 0 0.00 Industry 0 SF 0.0007 0 0 0.00 Commercial 0 SF 0.0025 0 0 0.00 Regional Area of Benefit East County Subarea Estimated Proiect Cost Pittsburg/Antioch $5,700,000 Marsh Creek 3,000,000 East County A,--4;—/ - 10,960,000 SUBTOTAL $19,660,000�- ADMINISTRATION 200,000 TOTAL $19,860,000 PM Peak #PM- % Total and Use Units Hour Factor Trips Tris Fees ' Sing Fam 5,179 DU 1.00 5,179 52.0 $1,994.00 Multi Fam 1,857 DU 0.80 1,486 14.9 1,596.00 Office 253,500 SF 0.0016 406 4.1 3.19 Industry 1,762,560 SF 0.0007 1234 12.4 1.40(-- Commercial .40(--Commercial 661,940 SF 0.0025 1,655 16.6 4.99 _ Regional Area of Benefit Bethel Island Subarea Estimated Project Cost Bethel Island $9,200,000 OTHER POTENTIAL FUNDING 500,000 SUBTOTAL. $8,700,000 ADMINISTRATION 90,000 TOTAL $8,790,000 PM Peak #PM- % Total !_and Use Units Hour Factor Trips Trips Fees Sing Fam 1,070 DU 1.00 1,070 40.7 $2,347.00 Multi Fam 376 DU 0.80 301 11.5 2,680.00 Office 62,400 SF 0.0016 100 3.8 5.36 Industry 21,600 SF 0.0007 15 0.6 2.32 Commercial 455,800 SF 0.0025 1,140 43.4 8.37 RECOMMENDED FEES West County Regional Area of Benefit $1,648 per SINGLE FAMILY dwelling unit (West County, Kensington, 1,319 per MULTI-FAMILY dwelling unit Hercules/Rodeo/Crockett) 2.63 per square foot gross floor area OFFICE 1.15 per square foot gross floor area INDUSTRY 4.12 per square foot gross floor area COMMERCIAL We are in the process of forming the North Richmond Area of Benefit. This Area of Benefit will be similar to the Discovery Bay and Oakley/ North Brentwood Areas of Benefit, which have their own Development Program Reports, fee schedules, and road improvements on which collected fees are to be expended. The fee schedule for the West County Regional Area of Benefit does not reflect changes n the development potential or estimated road improvement costs that will be affected once the North Richmond Area of Benefit is formerly adopted by the Board of Supervisors. These factors will be adjusted accordingly at that time. Central County Regional Area of Benefit $2,300 per SINGLE FAMILY dwelling unit (Briones, Central County, 1,840 per MULTI-FAMILY dwelling unit Martinez, South Walnut Creek) 3.68 per square foot gross floor area OFFICE 1.60 per square foot gross floor area INDUSTRY 5.75 per square foot gross floor area COMMERCIAL L.amorinda Regional Area of Benefit $2,300 per SINGLE FAMILY dwelling unit (Recommended using 1,840 per MULTI-FAMILY dwelling unit the same schedule as 3.68 per square foot gross floor area OFFICE Central County) 1.60 per square foot gross floor area INDUSTRY 5.57 per square foot gross floor area COMMERCIAL Alamo Regional Area of Benefit $2,201 per SINGLE FAMILY dwelling unit (Alamo) 1,762 per MULTI-FAMILY dwelling unit 3.52 per square foot gross floor area OFFICE 1.54 per square foot gross floor area INDUSTRY 5.50 per square foot gross floor area COMMERCIAL South County Regional Area of Benefit $5,276 per SINGLE FAMILY dwelling unit (South County) 4,216 per MULTI-FAMILY dwelling unit East County Regional Area of Benefit $1,994 per SINGLE FAMILY dwelling unit (Marsh Creek 1,596 per MULTI-FAMILY dwelling unit Pittsburg/Antioch 3.19 per square foot gross floor area OFFICE East County) 1.40 per square foot gross floor area INDUSTRY 4.99 per square foot gross floor area COMMERCIAL Bethel Island Regional Area of Benefit $3,347 per SINGLE FAMILY dwelling unit (Bethel Island) 2,680 per MULTI-FAMILY dwelling unit 5.36 per square foot gross floor area OFFICE 2.32 per square foot gross floor area INDUSTRY 8.37 per square foot gross floor area COMMERCIAL COMPARISON TO OTHER TRAFFIC MITIGATION FEES Contra Costa County has adopted five other areas of benefit that were established before the Countywide Area of Benefit, for the purpose of mitigating off-site traffic impacts caused by new development. Most of these fee areas have been revised since the Countywide Area of Benefit was adopted on March 15,1988. The original or updated fee schedules are shown below. Area Fee Schedule Date fee adopted, revised or effective Discovery Bay $2,625 per single family November 3, 1992 dwelling unit Oakley/N. Brentwood $7,863 per single family February 6, 1990 dwelling unit $6,578 per multi-family, dwelling unit $4.69 per s.f of gross floor area commercial $2.85 per s.f of gross floor area industrial Richmond/El Sobrante $3,178 per single family May 14, 1991 dwelling unit $2,555 per multi-family dwelling unit $ 5.05 per s.f. of gross floor area office $7.93 per s.f of gross floor area commercial West Pittsburg $2,892 per single family February 8, 1992 dwelling unit $2,321 per multi-family dwelling unit West Pittsburg $ 4.63 per s.f. of gross 'continued) floor area office $ 7.25 per s.f. of gross floor area commercial $ 3.18 per s.f. of gross floor area light industrial $ 2.03 per s.f. of gross floor area industrial $ 2,888 per PM peak hour trip for "other" land use category Pacheco $990 per dwelling unit June 17, 1986 $3.35 per s.f office $1.35 per s.f light industrial $2.05 per s.f retail business Some cities within Contra Costa County have also established fee benefit areas to mitigate off-site traffic impacts. Fee schedules for some of the cities' fee benefit areas are shown below: Jurisdiction Fee Schedule \ntioch $55 per dwelling unit $0.33 per s.f. commercial $0.275 per s.f. office $0.22 per s.f. industrial Brentwood $2,223 per residential dwelling unit $14,409 per gross acre or $0.735 per s.f. of building space for commercial or light industrial Clayton $900 per single family dwelling unit $630 per multi-family dwelling unit $2.50 per s.f. commercial and office Concord $1,007 per single family dwelling unit $858 per multi-family dwelling unit $4.68 per s.f. commercial $3.65 per s.f. office $3.08 per s.f industrial Danville $1,400 per single family dwelling unit $980 per multi-family dwelling unit $3,200 per dwelling unit in the Tassajara Valley Area $3.50 per s.f. commercial, office and industrial EI Cerrito No Traffic Mitigation Fee • Hercules No Traffic Mitigation Fee (planning to adopt one) Lafayette No set fee. Varies upon a developments impact on the nearest intersection. Martinez $1,420 per single family dwelling unit $1,000 per multi-family dwelling unit $3.75 per s.f. office $2.00 per s.f. commercial (under 10,000 s.f.) $4.00 per s.f. commercial (over 10,000 s.f.) $1.75 per s.f industrial $2.75 per s.f. Research & Development $1,000 per pump for service station Moraga $200 per residential lot $20 per parking space, commercial, office and industrial Pinole $536 per dwelling unit $0.08 per s.f. commercial, office and industrial Pittsburg $270 per acre of single family $510 per acre of high density & duplex apartments $270 per acre of mobile home $330 per acre of industrial (based upon 30-250 trip ends) Commercial and Office: I. 1-100 trip ends, $360 per acre II. 100-400 trip ends, $1,080 per acre III. 400-900 trip ends, $2,970 per acre IV. 1 900+ trip ends, $6,750 per acre Pleasant Hill $1,800 per single family dwelling unit $1,400 per multi-family dwelling unit $1.50 per s.f of light industrial $4.50 per s.f. of retail $3.50 per s.f. office Richmond $1,215 per single family dwelling unit EI Sobrante Area $1,015 per multi-family dwelling unit $1.30 per s.f. commercial, office and industrial Richmond $2,620 per single family dwelling unit Brickyard Cove $1,780 per multi-family dwelling unit $2.62 per s.f. commercial, office and industrial San Pablo No Mitigation Fees San Ramon $1,500 per dwelling unit $3,200 per dwelling unit in the Tassajara Valley/Dougherty Area $4.50 per s.f. commercial, office and industrial Walnut Creek $3.00 per s.f. office $1.30 per s.f. retail REVIEW OF FEES Project cost estimates will be reviewed January 1 of every year that the Regional Areas of Benefit are in effect. At that time the previous year's increase in the California Construction Cost Index as published annually by California State Department of Transportation will be analyzed. Appropriate adjustments in the fees may then be established by the Board. COLLECTION OF FEES Fees shall be collected in accordance with Government Codes section 53077.5 and Section 913-4.202 of Title 9 (Subdivisions) of the Contra Costa County Ordinance Code. A separate interest bearing account will be set up for each subarea of the revised Countywide Area of Benefit. Fees collected in each subarea will be deposited in the appropriate trust account. INTEREST ON FEES The interest accrued on the fees collected in each subarea shall continue to accumulate in the subarea trust account and shall be used for the same purpose of administration, design and construction of the fee area improvements. IN LIEU DEDICATION A development may provide the right of way and construct the road improvements identified in Appendix A. In such a case the developer may be eligible to receive credit or reimbursement. NW:fp a:cwaobrep Attachments f Gt O O J r N rti ~E 1 ` f � CS ,fin ✓` � � r`3„ �� >O �� 0�7 30 Jl J N v"� N� J • N r a o Q O 0` O O a` a r' t LtJr e a O N t O p_ CV2 O O a to .ri tA ^�S. �y `� ��r.U �� rel �• �` 'a O ulU 3 � 3 G) �� l o J �y � 1 YJ p p p O O p CL O O l ^ L X� OOI p O O C to N C:. c � CIS c'J �2S C N r , W N a D N 19l K J _ c.1 G, U) (Z j cc V3- U10L) 10 41 c0 Ca r C f� r U) C C z m (d o �I > > sro _ S p ?r Z 0 0 0 01 QQ o oI o O 0 O O Q O O �1 C 0 o c oC O C C C O lt) O C 0 L'1 N N (— C"1 O N 19 O 4.4 Aj W Z Q o 9 .0 §C � tL4 c0 Cr rL3'� > H ,O, ~ Cw U0 U � rLo 0 Q) (2)� u Q)o 3 �S 3t-S 3 m 3E� O U ^ n co r � ozi LO L � o In C2) N N U: N - N ca o 0 0 G 0 O VIA S CD O t4 to 0 j�it1 CO 6 0 15 00 o FSt co cs Z5., Un o 0 C) C) C) 0 �.o Cl- ' �} o o, r" � tlA r-A. r-k Lk-A co r-A co Q-A 0 LB o rA 16 Cl) o _ O U-1 y �, co r N try O 0 C6 A4Aw co U CD y � CC• � fC�. j r.a ti w� 'tom. •'� Nom} CD i+ ' O O O o O o Ci O o 0 4 0 0 O N - N f--1 ul 4-03 tm Ali, • ri n C t0 -n Q1 Yd a •• 0 0 CD C -Lj ai 3 to -� yI � W > > ' u cn ~ J ~ ~ n C co co Ln f2. G] -� f CL G ! �I CD PA U- tn r o 1 tv L, 1 ° 0 ul N 5 COO LL 49 CC a s` lll a co p co1:3,8 tc m 0 a h 00 TO:" BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: July 8, 1997 SUBJECT: Set Date for Public Hearing to Revise the Eastern Contra Costa Sub-Regional Transporta- tion Mitigation Fee. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: FIX July 22, 1997 at 11:00 a.m. for a public hearing to revise the Eastern Contra Costa Sub- Regional Transportation Mitigation Fee. DIRECT the Public Works Director to publish notice of the hearing pursuant to Government Code Sections 65091 and 66484 and County Ordinance Code Section 913-6.014. DIRECT the Public Works Director to file a copy of the Revised Development Program Report with the Clerk of the Board in accordance with County Ordinance Code Section 913-6.002. DIRECT the Clerk of the Board to mail notice of the hearing to those persons who have filed a written request for notice with the Clerk of the Board pursuant to Government Code Sections 54986 and 65092. II. Financial Impact: This revision of the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee will have no 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 Eastern Contra Costa Sub-Regional Transportation Mitigation Fee. Continued on Attachment. X SIGNATURE. G RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON 's I {qq 7 APPROVED AS RECOMMENDED OTHER_ V0y15 OF SUPERVISORS ✓ UNANIMOUS(ABSENT AYES: NOES: ABSENT: ABSTAIN: ML:eh g:\transeng\bo97te\B08fee.wpd I hataer car*eget tha a a tr„e ane eon�ctoppy of M ae9on taken and entered on the minas of eM n0a►d of lsors on the date stwwn. Orig. Div: Public Works(Transportation Eng.) moo: Contact: Martin Lysons, Tel. 313-2295 o SUPO ,;" dR�o, tyA"niwaj, cc: Community Development Public Works Accounting �' Do" Auditor/Controller 0s • • Se Date for Public Hearing to Revise the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee. July 8, 1997 Page 2 III. Reasons for Recommendations and Background: On April 19, 1994 the Board of Supervisors approved Ordinance No. 94-45 approving the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee. The Board of Supervisors also approved a Joint Exercise of Powers Agreement between the County and the Cities of Antioch, Brentwood, and Pittsburg. The Joint Exercise of Powers Agreement ("Agreement") established a joint powers agency (East Contra Costa Regional Fee and Financing Authority) to administer the regional transportation fee program for East County using a phased approach to minimize the impact on development. The fee must now be amended for the following three reasons: 1. By determination of the East Contra Costa Regional Fee and Financing Authority Board of Directors, the shortfall in revenue created by the "phasing in" of the residential fee must be recovered over the next ten years. Now that the phasing has reached its final stage, the final residential fee must be adjusted accordingly. The Cities of Brentwood and Antioch are also bound by the Agreement to adjust the fees. 2. The final fee will include a '/% surcharge to pay for costs incurred by Contra Costa County in administering the fee collection. 3. The Bay Point fees should be adjusted to bring the fees into compliance with the Agreement. Because these adjustments to the fee will collectively result in a fee greater than that authorized by Ordinance No. 94-45, a public hearing is required. IV. Consequences of Negative Action: Failure to implement changes to the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee will bring the County out of compliance with the Agreement and may result in improvements not being constructed in a timely manner as development occurs. 4 • 9 • � r 7- $- 97 BOARD OF SUPERVISORS , CONTRA COSTA COUNTY , CALIFORNIA AFFIDAVIT OF MAILING In the Matter of setting a date for ) Public Hearing to Revise the Eastern ) Contra Costa Sub-Regional Transportation Mitigation Fee. ) ) ) ) ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been , a citizen of the United States , over age 18; and that today I deposited in the United States Postal Service in Martinez , California , postage fully prepaid , a certified copy of to the following : Home Builders Association Jeff Lawrence of Northern California Braddock & Logan P.O. Box 5160 4155 Blackhawk Plaza Cir . San Ramon, CA 94583 Suite 201 Danville , CA 94506 Albert D. Seeno Const. Co. Attn: Legal Dept. 4021 Port Chicago Highway Concord, CA 94524 David Lennon Hofmann Company P.O. Box 907 Concord, CA 94522 Dennis J. Razzari Davidon Homes 1600 So. Main Street #150 Walnut Creek, CA 94596 I declare under penalty of perjury that the foregoing is true and correct. Dated July 10, 1997 at Martinez , California. e p u t y er Shirley Casillas, 335-1903 3 i c HEARING CONFIRMATION FO 10, hearing date: -7 Z,�g? name of person phoning to request hearing: 6H S phone# hearing date confirmed with 44444 Ceeve M of GOB staff on 4Z—.e (date) agenda language (how it will read on calendar): ffi��r' i�d �p �,grt�.'r��✓ /r$�c'S t D � o� �t� �r���e.ra, 1. anticipated length of the hearing: 5 min. or less ?C or more 2. is it controversial? yes no X 3. noticing requirements:[ 10 d0a P.,or code section: Gavt• 4. publication requirements: # of times j # of days before hearing 1 O 5. who is to publish the notice? COB PWD X (if applicable) who prepares the notice? COB PWD ?� It is the responsibility of the department to provide the appropriate notice. Some notices are adopted by Board Resolution;the publication cannot be ordered until the Resolution is adopted by the Board of Supervisors. 6. if posting of notice is required, who will post? 7, if mailing the notice is required, who will provide the clerk with the correct mailing list and labels? a/A 8. when will this "fix hearing item" be listed on the Board agenda as a consent item? f7 Note from Dee: The B.O. fixing the hearing should be submitted the same as all other agenda material (i.e., by Wednesday, 13 days prior to the date of the BOS meeting). An original B.O. and "greenie" is sufficient. I will send it downtown with Mike Walford, along with the other SOS meeting materials, for approval, copying, and distribution by the Clerk-of-the-Board. Failure to submit the Board Order fixing the hearing in this time frame would result in the item being removed from the agenda. ALSO! Ann Gervelli has asked that I notify everyone that when the B.Q. (required to fix a hearing date) is prepared and submitted, it SHOULD NOT include the B.O./Resolution that will be voted on the date of the hearing. The B.O./Resolution that is to be approved the date of the hearing should be submitted to me by Tuesday -- 2 weeks in advance of the hearing (an original plus 15 copies) -- with a "stickie" on top that has the word "hearing" and the date of the hearing written on it. I will send the appropriate number of copies downtown with Mike the Wednesday morning 13 days prior to the date of the hearing and he will give them to Jeanne Maglio. g,adminlagendMhearings.frrn f . 6/17/97 a4 Ars: s&Wr (by 00"e)s ,i A e- k Ir � T 00 Z g803 SHWA A1911d ',.Y'),-) CCU VTC M YVd fiT:TT (IaM LVS9190- — Re*jest to Speak %Drm -� ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Mwnr. �daress: � 1 am speaking for myself, or �b 13 devs AsSK *No* ofWIN11 CHECK ONE: / 1 wish to speak on Agenda ltwn #= Date: -7/z My comments will be: Vneral �Lior_a#ai - _ 1 wish to speak on the subject of . _ i do rat wish to speak but leave these comments for the Board to consider.