HomeMy WebLinkAboutORDINANCES - 08081995 - 95-37 ` Ordinance No. 95 - 3 7
West County Area of Benefit
The Board of Supervisors of Contra Costa County ordains as follows:
SECTION I. SUMMARY. This ordinance provides for the formation of the West County Area
of Benefit, and the adoption of fees to be collected from developments proposed in the West
County Area of Benefit located in unincorporated Contra Costa County to fund road G~J
improvements. rxj
SECTION II. REPLACEMENT. Within the new area of benefit, Ordinances 93-21 and 93-22
shall be repealed and replaced by this ordinance.
SECTION III. AUTHORITY. This ordinance is enacted, in part, pursuant to Government Code
Section 66484 and Division 913, Title 9, of the Contra Costa County Ordinance Code.
SECTION III. NOTICE AND HEARING. This ordinance was adopted pursuant to the procedure
set forth in Government Code Sections 54986, 65091, 66016, 66017 and 66484, and Division
913, Title 9, of the Contra Costa County Ordinance Code, and all required notices have been
properly given and public hearings held.
SECTION IV. FEE ADOPTION. The following fees to fund road improvements are adopted for
the West County Area of Benefit, as established by Resolution 95 3 7 6 dated August 8, 1995
and shall apply to all development within the Fee Area:
West County Area of Benefit:
Land Use Recommended Fee
Single Family Residential $2,550 per Dwelling Unit
Multiple Family Residential $2,040 per Dwelling Unit
Commercial $4.86 per Square Foot Gross Floor Area
Other $2,550 per peak hour trip
Fees shall be collected when building permits are issued in accordance with Section 913-4.204
of Title 9 (Subdivisions) of the Contra Costa County Ordinance Code.
SECTION V. FEE AREA. The fee area shall include all of the unincorporated area within the
West County Area of Benefit with the following exception:
1. Any development required under conditions of approval to construct certain off-
site road improvements in lieu of fee payment.
2. Areas in the Richmond/EI Sobrante Area of Benefit
3. Areas in the North Richmond Area of Benefit
The boundaries of the West County Area of Benefit as established by Resolution No. 95/_1 7 6
adopted August 8, 1995 are described in Exhibit A attached to this ordinance.
SECTION VI. SENIOR HOUSING. Nothing in this Ordinance shall be construed to abridge or
modify the Board's discretion, upon proper application for senior housing or congregate care
facilities pursuant to Government Code Section 65915, to adjust or waive the fees provided for
this ordinance.
SECTION VII. PURPOSE AND USE OF FEES. The purpose of the fees described in this
ordinance are to generate funds to finance improvements to certain bridges and major
thoroughfares in the West County area. The fees will be used to finance the road improvements
listed in the Development Program Report. As discussed in more detail in said report, there is 'z
a reasonable relationship between the fees and the types of development projects that are L
subject to the fees in that the development projects will generate additional traffic on bridges and
major thoroughfares in the West County area, thus creating a need to expand, extend or W
improve existing bridges and major thoroughfares and a need to construct new bridges and
major thoroughfares to mitigate adverse traffic and infrastructure impacts that would otherwise
result from such development projects.
SECTION VIII. SEVERABILITY. If any fee or provision of this ordinance is held invalid or
unenforceable by a court of competent jurisdiction, that holding shall not affect the validity or
enforceability of the remaining fees or provisions, and the Board declares that each part of this
ordinance is valid, in and of itself, irrespective of the validity of any other part.
SECTION IX. REVIEW OF FEES. Project cost estimates shall be reviewed periodically while
the West County Area of Benefit is in effect. The fee schedule shall be adjusted annually to
account for inflation using the State of Califomia Construction Cost Index as published annually
by the California Department of Transportation. At no time will the fee schedule be increased
at a rate of more that 5% per year due to inflation.
SECTION X. EFFECTIVE DATE. This ordinance shall become effective 60 days after passage,
and within 15 days of passage, shall be published once with the names of the Supervisors
voting for and against it in the West Contra Costa Times, a newspaper of general circulation
published in this County. Pursuant to Section 913-6.026 of the Contra Costa County Ordinance
Code, the Clerk of the Board shall promptly file a certified copy of this ordinance with the County
Recorder.
SECTION XI. EXISTING FEE. The replacement of Ordinance No. 93-21 shall not affect fees
accrued thereunder prior to the effective date of this ordinance, and such fees shall remain
subject to payment and collection when building permits are issued in accordance with Section
9134.204 of Title 9 (Subdivisions) of the Contra Costa County Ordinance Code.
PASSED and ADOPTED on August 8, 1995 by the following vote:
AYES: Supervisors Rogers, Smith, Torlakson and Bishop
NOES: None
ABSENT: Supervisor DeSaulnier
ABSTAIN: None
Attest: Phil Batchelor, Clerk of
the Board of Supervisors and County
Administrator
By: a
Deputy Boar6 Chair
NW/Muds
g1ranseng\ds\WCA0B0rd.t12
Attachments
i
Boundary Description
West County .�
Area of Benefit
EXHIBIT"A" F-+
Real property in west Contra Costa County, California, (with the exception of the Kensington area
hereinafter described) bounded on the north by Solano County. bounded on the west and south by +
Alameda County, and bounded on the east by the following described line: Z!I
Beginning in San Pablo Bay on the boundary common to Contra Costa and Solano Counties at the
northwest prolongation of the southvmst fine of that property shown on the Map of Rodeo filed February
5, 1892 in Book D of Maps at page 91;thence from the Point of Beginning, along said prolongation and
southwest fine, southeasterly 17,000 feet, more or less, to the south comer of Block 27W on the west
right of way File of Garretson Avenue; thence along said west fine, southerly 140 feet, more or less, to
an angle point thence continuing along said road tight of way, southeasterly-.1,140 feet, to the
southeast right of way tine of Seventh Street;thence along said southeast line. northeasterly 60 feet,
more or less, to the northeast line of Hercules.Powder Company property described in the deed
recorded November 20, 1922 in Volume 429 of Official'Records at page 97, also being the northwestern
prolongation of the southwest line of Assessor Parcel Number(hereinafter referred to as APN)357-120-
006 described in the deed to Unus F. Claeys recorded December 17. 1973 in Volume 7114 of Official
Records at page 607; thence along said common line. southeasterly 1,200 feet, more or less, to the
south comer of said Claeys property; thence crossing Willow Avenue, southeasterly 380 feet,more or
less, to the southern terminus of a cave concave to the northeast having a radius of 957.5 feet, on the
northeast right of way line of Willow Avenue; thence along said northeast line. crossing Interstate 80
Freeway shown on State Highway Right of Way Map R-14-35, southeasterly 1,200 feet, more or less,
to the northwest line of Subdivision 4325 recorded April 25, 1973 in Book 156 of Maps at page 29;
thence along the northeast line of Willow Avenue widening parcel shown on said map, south 37°4640"
east 1,115.68 feet, south 41°0041" east 301.42 feet, and south 37°46'40" east 71.01 feet; thence
crossing Viewpointe Boulevard, southeasterly 230 feet, more or less, to the southern terminus of a curve
concave to the southeast having a radius of 50 feet,on the northeast right of way line of Willow Avenue;
thence in a general southeasterly direction 626.23 feet, along said northeast line, also being the
boundary of Subdivision 4958"Mariner's Point"filed August 19, 1977 in Book 201 of Maps at page 16;
thence leaving said road and continuing along said boundary. south 37°4640" east 938.01 feet, to the
southwest comer thereof; thence south 37°4640" east 473.24 feet to the most southern iron pipe
marked LS 2742 shown on sheet 2 of said map(201 M 16); thence crossing Atchison Topeka and Santa
Fe Railroad right of way, State Highway Route 4, and Franklin Canyon Road, southeasterly 325 feet,
more or less,to the south right of way line of said road on the boundary of Subdivision 5007 filed August
2, 1977 in Book 200 of Maps at page 12; thence along said boundary, south 371,4654" east 1,934.3
feet, south 77`16'06"east 2,636.77 feet, and south 29029'35' east 200.18 feet, to the north comer of
PARCEL MAP 1010 fried November 18, 1977 in Book 60 of Parcel Maps at page 12; thence along the
boundary thereof, south 29029'35" east 592 feet, to the north comer of Subdivision 6722 "Refugio
Valley Ranch''filed October 7, 1988 in Book 326 of Maps at page 9; thence along the boundary thereof;
south 29029'10"east 2,679.56 feet, to the north comer of Subdivision 6723"Refugio Valley Ranch"filed
April 6, 1987 in Book 321 of Maps at page 24; thence along the boundary thereof, south 29'29'10" east
1,100 feet and south 1645'28" west 551.76 feet, to the most northern comer of Subdivision 6724
"Estate Lots at Refugio Valley Ranch"filed February 12, 1987 in Book 310 of Maps at page 4s; thence
along the boundary thereof as follows: 1) south 164528"west 377.93 feet, 2) south 66°2�F-0' east
1
546.45 feet, 3) south 84`26'56" east 361.66 feet, 4) south 37`26'27" east 311.92 feet, 5) south
22`52`10"west 1,95207 feet, 6) south 53Q4T41"west 1,135.44 feet, 7) south 2510'56"west 365.79
feet, 8)south 38'32'07'west 205.69 feet, 9)south 66`03`44"west 243.92 feet, and 10) south 24°50'32"
west 282.03 feet, to-the east comer of APN 362-090-008 described in PARCEL TWO in EXHIBIT"fa-
in the deed to Refugio Valley Ranch Master recorded February 29, 1988 in Volume 14193 of Official cz
Records at page 318; thence along the south line thereof in a general westerly direction 3,98263 feet, CA
to the west line thereof, thence along said west line, northerly 660 feet, more or less, to the south line �
of Subdivision 3452"Silver Canyon, Unit No. 2"recorded December 14. 1966 in Book 113 of Maps at Ca
page 47; thence along said south line, north 83°20' west 150 feet, more or less, to an angle point QD
them,south 76°36 west 316 feet,and south 82`06 west 338 feet,to the east comer of the Amended +�
Map of Subdiivision 3449"Silver Canyon Unit No. 1"recorded May 3, 1966 in Book 111 of Maps at page
17;thence along the boundary thereof, south 25026 west 567 feet, south 8`30'west 154.23 feet, and CA
south 87006'30"west 252.83 feet, to the east comer of Subdivision 3544 recorded July 27, 1966 in
Book 112 of Maps at page 18;thence along the boundary thereof,north 81°28'19"west 716.01 feet and
south 73'34'17"west 627.88 feet,to the west line of APN 360-232-012 being the west line of PARCEL
ONE described in the deed to East Bay Municipal Utility District(hereinafter referred to as EBMUD)
recorded April 25, 1957 in Volume 2969 of Official Records at page 595; thence along said west line,
soL4hedy 1,441.14 feet,to the northwest comer of APN 360-232-001 described in the deed to Leonard
Mohring et ux recorded January 28, 1987 in Volume 13414 of Official Records at page 151 and
excepted in said EBMUD deed (2969 O.R. 595); thence along the west line thereof, southerly 304.5
feet, more or less, to the north right of way line of Alhambra Valley Road; thence crossing said road,
southerly 50 feet, more or less, to the south right of way fine thereof on the west line of that 125 acre
APN 360-231-001, also being the west line of said PARCEL ONE(2969 O.R. 595); thence along the
boundary thereof, southerly 241.55 feet, to its junction with the boundary of Rancho el Pinole;thence
along said common boundary, easterly 568.92 feet and southerly 660 feet, to"Station Post P.R. 10"
>_ described in said PARCEL ONE(2969 O.R. 595) on the boundary of APN 432-020-002 described as
PARCEL THREE in said deed (2969 O.R. 595); thence along the boundary of PARCEL THREE as
follows: 1) southwesterly 1,438.7 feet, 2) westerly 122.2 feet, 3) southeasterly 516.9 feet, 4)
southeasterly 763.32 feet, to the most northern comer of Subdivision 6485"Carriage Hills Unit Two"
recorded September 11, 1985 in Book 293 of Maps at page 30, 5) along the north line of Subdivision
6485 in a general easterly direction 1,578.38 feet to the northeast comer of Subdivision 6485, and 6)
easterly 590.2 feet, to the southeast comer of said EBMUD PARCEL THREE on the boundary of
Rancho el Pinole; thence along said rancho boundary, southerly 312 feet and in a general easterly
direction 4,913 feet, more or less, to the southwest comer of APN 362-100-001 conveyed in the deed
to EBMUD dated December 8, 1938 and recorded in Volume 163 of Official Records-at page 90;thence
along the south line thereof, continuing along the boundary of Rancho el Pinole, south 88019'15"east
3,268.49 feet, south 01130'51"west 672.08 feet, and south 8800341"east 1,267.92 feet, to the west line
of APN 365-010-001 described as PARCEL TWO in the deed to EBMUD recorded September 14, 1950
in Volume 1632 of Official Records at page 326; thence along said west line in a general southerly
direction 3,792.15 feet to the northwest comer of Subdivision MS 244-77 filed September 11, 1979 in
Book 80 of Parcel Maps at page 35; thence along the boundary thereof, south 1°19'21"west 2,943.29
feet and south 89`21'12"east 4,197.78 feet; thence crossing Hampton Road, south 89°21'12" east 40
feet, more or less, to an angle point on the south line of Subdivision MS 244-77; thence continuing
along the boundary thereof, south 89°21'12"east 451.47 feet, and north 870.18'30" east 42.27 feet to
the east line of Tract 27, Rancho El Sobrante; thence along the east line of Rancho el Sobrante,
southerly 11,701.81 feet, to the northeast comer of APN 267-030-020 conveyed to EBMUD in said deed
dated December 8, 1928 and recorded in Volume 163 of Official Records at page 90, thence along the
east line thereof and its southern prolongation, southerly 2,450 feet, more or less, to the east right of
way line of Bear Creek Road. thence along said road right of way in a general southwesterly direction
3,150 feet, more or less, to the eastern prolongation of the north tine of APN 267-0--1"13 described
as PARCEL ONE in the deed to EBMUD recorded February 9, 1990 in Volume 15650 of Official
Records at page 239; thence along said prolongation, southwesterly 40 feet, more or less,to the nom
comer of said PARCEL ONE; thence along the boundary thereof in a general southwesterly,
southeasterly and easterly direction 3,900 feet, more or less, to the southeast comer thereof on the
northwest right of way line of Bear Creek Road; thence along said northwest tine and its prolongation
in a general southwesterly direction 1,450 feet,to the northwest prolongation of the southwest tight of }-►
way line of Camino Pablo; thence southeasterly 140 feet, more or less, to an angle point on said
southwest line and boundary of said APN 267-030-020 (163 O_R- 90); thence along said boundaryas
follows: 1) along said southwest line in a-general southeasterly direction 1,620 feel; more or less, to
the southeast comer thereof. 2) leaving said road right of way, along the southeast line of APN 267_ G7
030-020 in a general southwesterly direction 2,000 feet, more or less, to an angle point, and 3)north
30053' west 99.2 feet, to the most eastern comer of APN 267-020-007 described in the deed to
Theodore S. Urban, et at. recorded December 24, 1985 in Volume 12675 of Official Recorcls at page
199;thence along the boundary common to Urban and EBMUD as follows: 1) north 30°53'west 998A
feet,2)south 54`OT50"west 478.5 feet;3)north 63`0T west 257.1 feet, and 4)south 5410OP50"west
3,208.3 feet, to the northwest comer of APN 267-020-004 described in said Urban deed;thence in a
general southerly direction 3,132 feet, more or less, along the west line of APN 267-020-004(12675
O.R. 199)and the west line of APN 267-020-005 described in the deed to Johnson Orinda Ranch Inc.
recorded April 23, 1981 in Volume 10294 of Official Records at page 858, to the northwest comer of
PARCEL"A"shown on the Record of Survey filed October 3, 1968 in Book 51 of licensed Surveyors'
Maps at page 23;thence south 22°12'20"east 15207:feet and south 25°10'15'east 140.66 feet to the
"FOUND 2"X 2"REDWD. STAKE&TACK'shown on said map (51 LSM 23) on the northeast line of
APN 267-0104009 described in the deed to East Bay Regional Park District recorded July 24, 1940 in
Volume 541 of Official Records at page 271; thence along said northeast line, southeasterly 531.76
feet, to the east comer thereof, also being the east comer of Lot 55 of Rancho Laguna de los Palos
Colorados on Mount Diablo Base Line; thence along said base line, westerly 2,600 feet, more or less,
to the boundary common to Contra Costa and Alameda Counfies, the terminus of said described line.