HomeMy WebLinkAboutORDINANCES - 08081995 - 95-38 Ordinance No. 95 - 3 8
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Martinez Area of Benefit
The Board of Supervisors of Contra Costa County ordains as follows:
SECTION I. SUMMARY. This ordinance provides for the formation of the Martinez Area of Benefit, and
the adoption of fees to be collected from developments proposed in the Martinez Area of Benefit located
in unincorporated Contra Costa County to fund road improvements.
SECTION II. REPLACEMENT. Within the new area of benefit, Ordinance 93-22, shall be repealed and
replaced by this ordinance.
SECTION 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 111. NOTICE AND HEARING. This ordinance was adopted pursuant to the procedure set forth
in Government Code Sections 54986, 65091, 66016, 66017 and 66484, and Division 913, Title 9, of the
Contra Costa County Ordinance Code, and all required notices have been properly given and public
hearings held.
SECTION IV. FEE ADOPTION. The following fees to fund road improvements are adopted for the
Martinez Area of Benefit, as established by Resolution 95/3 7 7 dated August 8, 1995 and shall apply
to all development within the Fee Area:
Martinez Area of Benefit:
Land Use Recommended Fee
Single Family Residential $3,357 per Dwelling Unit
Multiple Family Residential $2,696 per Dwelling Unit
Commercial $8.40 per Square Foot Gross Floor Area
Office $5.37 per Square Foot Gross Floor Area
Industrial $2.36 per Square Foot Gross Floor Area
Light Industrial $3.77 per Square Foot Gross Floor Area
Other $3,357 per peak hour trip
Fees shall be collected when building permits are issued in accordance with Section 913-4.204 of Title
9 (Subdivisions) of the Contra Costa County Ordinance Code.
SECTION V. FEE AREA. The Fee Area shall include all of the unincorporated area within the Martinez
Area of Benefit with the following exception:
1. Any development required under conditions of approval to construct certain off-site road
improvements in lieu of fee payment
The boundaries of the Martinez Area of Benefit as established by Resolution No.-=95/3 7 7 adopted
August 8, 1995 are described in Exhibit A attached to this ordinance. Y
SECTION VI. SENIOR HOUSING. Nothing in this Ordinance shall be construed to abridge or modify
the Board's discretion, upon proper application for senior housing or congregate care facilities pursuant
to Government Code Section 65915, to adjust or to waive the fees provided for this ordinance.
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95 138,124
SECTION VII. PURPOSE AND USE OF FEES. The purpose of the fees described in this ordinance is
to generate funds to finance improvements to certain bridges and major thoroughfares in the
unincorporated Martinez area. The fees will be used to finance the road improvements listed in the
Development Program Report. As discussed in more detail in said report, there is a reasonable
relationship between the fees and the types of development projects that are subject to the fees. These
development projects will generate additional traffic on bridges and major thoroughfares in the
unincorporated Martinez area, creating a need to expand, extend or improve existing bridges and major
thoroughfares and a need to construct new bridges and major thoroughfares to mitigate adverse traffic
and infrastructure impacts that would result from such development projects.
SECTION VIII. SEVERABILITY. If any fee or provision of this ordinance is held invalid or unenforceable
by a court of competent jurisdiction, that holding shall not affect the validity or enforceability of the
remaining fees or provisions, and the Board declares that each part of this ordinance is valid, in and of
itself, irrespective of the validity of any other part.
SECTION IX. REVIEW OF FEES. Project cost estimates shall be reviewed periodically while the
Martinez Area of Benefit is in effect. The fee schedule shall be adjusted annually to account for inflation
using the State of California Construction Cost Index as published annually by the California Department
of Transportation. At no time will the fee schedule be increased at a rate of more that 5% per year due
to inflation.
SECTION X. EFFECTIVE DATE. This ordinance shall become effective 60 days after passage, and
within 15 days of passage, shall be published once with the names of the Supervisors voting for and
against it in the Contra Costa Times, a newspaper of general circulation published in this County.
Pursuant to Section 913-6.026 of the Contra Costa County Ordinance Code, the Clerk of the Board shall
promptly file a certified copy of this ordinance with the County Recorder.
SECTION XI. EXISTING FEE. The replacement of Ordinances No. 93-22 shall not affect fees accrued
thereunder prior to the effective date of this ordinance, and such fees shall remain subject to payment
and collection.
PASSED and ADOPTED on August 8, 1995 by the following vote:
AYES: Supervisors Rogers , Smith, Torlakson and Bishop _.
NOES: None
ABSENT: Supervisor DeSaulnier
ABSTAIN: None
Attest: Phil Batchelor, Clerk
of the Board of Supervisors
and County Administrator
By:
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Attachments
Boundary Description
Martinez
Area of Benefit
EXHIBIT "A"
A portion of north central Contra Costa County, California, bounded on the north by Solano County, ,,;
bounded on the northeast by Walnut Creek Flood Control Channel, and described as follows:
Beginning in Suisun Bay Carquinez Straits on the boundary common to Contra Costa and Solano
Counties at the northern prolongation of the centerline of Walnut Creek Flood Control Channel;
thence from the Point of Beginning along said prolongation, south 23028'34" east 1,150 feet, more
or less, to the outfall of said channel; thence along said centerline in a general southerly direction
20,262.54 feet to a curve concave to the southwest, having a radius of 5,000 feet, and being distant
radially north 56015'04" east 208 feet from Contra Costa County Flood Control and Water
Conservation District Monument#68108; thence continuing along said centerline, being the arc of
said curve, southeasterly 460 feet, more or less, to the centerline of State Highway Route 4; thence
non-tangent along said highway centerline in a general westerly direction 5,925 feet, more or less,
to the boundary of the City of Martinez; thence along said boundary, southwesterly 250 feet, more
or less, to the northwest line of that 2.25 acre Assessor Parcel Number (hereinafter referred to as
APN) 125-200-001 described as PARCEL 1 in the Final Order of Condemnation by the State of
California recorded March 20, 1958, in Volume 3137 of Official Records at page 554; thence along
said northwest line, south 33°40' west 271.4 feet, to the north right of way line of Vine Hill Road;
thence crossing said road, southerly 41 feet, more or less, to the northwest corner of APN 125-193-
028 described in the Partial Release and Reconveyance to Contra Costa County Water District
recorded February 17, 1961, in Volume 3807 of Official Records at page 278; thence along the west
line thereof, southerly 44 feet, to the northwest corner of Lot 115 in "Beckett Acres Unit No. 2", a
subdivision recorded April 22, 1954, in Book 53 of Maps at page 37; thence along the boundary of
said subdivision in a general southerly direction 1,397.65 feet to the southwest corner thereof on the
boundary of Tract 2024 recorded March 24, 1955 in Book 57 of Maps at page 26; thence along the
boundary of Tract 2024, south 88028'58"west 25.83 feet and in a general southerly direction 634.69
feet, to the boundary of Tract 2632 recorded August 7, 1958, in Book 70 of Maps.at page 34; thence
along the boundary of Tract 2632, south 24023'13" east 305.28 feet and south 54051'15" east 50
feet, to the boundary of Tract 2024 (57 M 26); thence along the boundary of Tract 2024, south
54051'15"east 62.93 feet, north 89°59'39" east 79.01 feet, and south 0°14'50" west 560.61 feet, to
the north right of way line of Center Avenue; thence continuing south 0014'50" west 80 feet, more
or less, to the south right of way line of Center Avenue; thence along said south line in a general
westerly direction 970 feet, more or less, to the east right of way line of Contra Costa Canal; thence
along said canal right of way in a general southerly direction 813.41 feet to a 6" concrete monument
shown on the Record of Survey filed June 19, 1962, in Book 20 of Licensed Surveyors' Maps at page
15; thence continuing along said canal right of way shown as U.S.A. (461 O.R. 391) on said map,
south 1 048' east 250.5 feet and south 57°42' east 116.83 feet, to the west right of way line of High
Street; thence along said west line, southerly 95 feet, more or less, to the eastern j*olongation of the
north line of Subdivision 6313 "Hidden Lakes Unit 8"filed June 6, 1983, in Book 270 of Maps at page
20; thence along said prolongation, north 88055'05" west 170 feet, to the northeast corner of said
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subdivision; thence along the east line thereof, south 1004'02"west 738 feet, to the most eastern line
of Subdivision 4964 "Hidden Lakes Unit 3"filed July 9, 1979, in Book 226 of Maps at page 30; thence
along the boundary thereof, south 1004'01"west 682 feet and south 89037'28" west 598.94 feet, to
the southwest comer of Subdivision 4964 on the north line of Subdivision MS 12-79 filed September
5, 1980, in Book 89 of Parcel Maps at page 6; thence along said north line, westerly 725 feet, more
or less, to the northeast corner of that 3.5 acre APN 154-150-007 described in the deed to Contra
Costa County Water District recorded February 20, 1967, in Volume 5309 of Official Records at page
201; thence along the north line thereof, westerly 537.41 feet, to the northeast corner of Subdivision CMZ
5126 "Diablo Valley Estates Unit 1" filed February 15, 1978, in Book 208 of Maps at page 1; thence
along the boundary thereof, south 89044'06"west 1,227.72 feet, south 8.16 feet, and north 87°46'18" Cj
west 479.86 feet, to the northeast corner of that 10 acre APN 154-130-037 described in the deed to �p
Davidon Five Star Corporation recorded December 19, 1986, in Volume 13332 of Official Records
at page 973; thence along the north line thereof, westerly 660 feet, to the north line of Subdivision
5132 "Valley High Unit 2"filed December 1, 1981, in Book 261 of Maps at page 7; thence along the
boundary thereof, north 87°33'13" west 286.28 feet, north 89°09'34" west 1,322.61 feet, and south
47022'59" west 374.11 feet, to the most western corner of Subdivision 5132 on the boundary of
Subdivision 3556 "Valley High Unit II"filed August 21, 1968, in Book 122 of Maps at page 27; thence
along said boundary, south 47022'59"west 1,336.63 feet and south 21 °29'51" east 121.1 feet, to the
north corner of the Record of Survey filed September 18, 1967, in Book 49 of Licensed Surveyors'
Maps at page 31; thence along the boundary thereof, south 61 008'20" east 419.07 feet and south
20010'53"west 656.87 feet, to the northeast right of way line of Alhambra Avenue; thence along said
northeast line in a general southeasterly direction 4,900 feet, more or less, to the north line of Parcel
"B" shown on the map filed September 30, 1968, in Book 5 of Parcel Maps at page 41; thence along
said north line, south 89027'20" east 412.24 feet, to the west right of way line of Paso Nogal; thence
along said right of way line in a general southerly, southwesterly, and westerly direction 730 feet,
more or less, to the northeast right of way line of Alhambra Avenue as shown on said map (5 PM 41);
thence along said northeast line in a general southeasterly direction 660 feet, more or less, to the
northeastern prolongation of the northern boundary line of Subdivision 3313 recorded February 3,
1965, in Book 102 of Maps at page 14; thence along said prolongation, crossing Alhambra Avenue,
south 54029'37"west 80 feet, more or less, to the northeast corner of Subdivision 3313; thence along
the boundary thereof as follows: 1) south 54029'37" west 44.2 feet, 2) north 85042'23" west 110.29
feet, 3) south 0008'52" west 172.84 feet, and 4) south 28054'55" west 205.51 feet, to the most
northern corner of Subdivision 3274 "Shannon Hills Unit 1" recorded September 26, 1969, in Book
117 of Maps at page 27; thence along the boundary thereof, south 36007'09" west 90.28 feet and
south 53046'24"west 78.11 feet, to the most northern corner of Subdivision 3779 "Shannon Hills Unit
2" recorded November 13, 1968, in Book 125 of Maps at page 3; thence along the boundary thereof,
south 53046'24" west 63.51 feet and north 89037'46" west 836.89 feet, to the northeast corner of
Subdivision 3812 "Shannon Hills Unit 3" filed March 15, 1972, in Book 144 of Maps at page 45;
thence along the north line thereof, north 89037'46" west 1,161.41 feet, to the northeast corner of
Subdivision 7243 "Pleasant Hill Country Club" filed July 30, 1992, in Book 362 of Maps at page 36;
thence along the boundary thereof, north 89°59' west 779.35 feet, to the northeast corner of Lot 27
in Subdivision 3114 "Walnut Hills Country Club Estates" recorded October 9, 1963, in Book 95 of
Maps at page 33; thence along the north line of Lot 27, north 89°52'20" west 217.75 feet, to the east
line of Lot 28 (95 M 33); thence along said east line, north 19°27'29" west 142 feet, to the southeast
corner of Subdivision 5157 filed September 21, 1978, in Book 217 of Maps at page 16; thence along
the east line thereof, north 19025'03" west 255.64 feet, to the southeast corner of Subdivision 3543
filed November 16, 1966, in Book 113 of Maps at page 31; thence along the boundary thereof as
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follows: 1) north 19026'31" west 1,052.81 feet, 2) south 79051'46" west 727.49 feet, 3) north
10014'43"west 352.52 feet, 4) south 47051'23"west 222.37 feet, 5) south 6023'45" east 231.57 feet,
and 6) south 0047'14"west 466.07 feet, to the southwest corner of Subdivision 3543, also being the
south corner of the property delineated on the map filed April 28, 1978, in Book 65 of Parcel Maps
at page 19; thence along the southwest line thereof in a general northwesterly direction 460 feet, 'CO
more or less, to the northeastern prolongation of the most northern line of Subdivision 6769 "Hidden
Pond" filed October 13, 1988, in Book 326 of Maps at page 22; thence along said prolongation,
crossing Reliez Valley Road, south 64048'04" west 50 feet, more or less, to the boundary of
Subdivision 6769 filed October 13, 1988, in Book 326 of Maps at page 22; thence along said
boundary, in a general southwesterly direction 2,532.69 feet and south 1 041'08" west 865.96 feet, ,
to the north line of Subdivision MS 37-88 filed December 14, 1989, in Book 144 of Parcel Maps at
page 14; thence along the boundary thereof, north 88050'38" west 511.03 feet and south 0059'55"
west 1,459.73 feet, to the southwest corner thereof on the boundary of APN 365-180-001 described
in the Final Order of Condemnation by East Bay Regional Park District (hereinafter referred to as
EBRPD) recorded March 15, 1965, in Volume 4823 of Official Records at page 139; thence along
the boundary of said condemnation parcel (including APNs 365-180-002 and 004), southwesterly
3,061.66 feet and southerly 3,198.15 feet along the east line of Rancho Boca de la Canada de
Pinole, to the northeast corner of APN 365-200-005 described as PARCEL FIVE in the deed to
EBRPD recorded February 7, 1966, in Volume 5052 of Official Records at page 508; thence along
the boundary of PARCEL FIVE, PARCEL THREE, PARCEL ONE, and PARCEL FOUR in said deed
(5052 O.R. 508) in a general westerly direction 12,862.07 feet to the east line of"Garcia Ranch" filed
December 10, 1914, in Book 12 of Maps at page 268; thence along the boundary of"Garcia Ranch"
as follows: 1) continuing along the boundary of PARCEL FOUR, in a general southerly direction
2,061.71 feet, to the west corner of APN 365-200-002 described as PARCEL TWO in said deed
(5052 O.R. 508), 2) along the west line of PARCEL TWO, southerly 723.83 feet, to the north line of
APN 365-200-010 described in the deed to EBRPD recorded March 28, 1966, in Volume 5086 of
Official Records at page 467, 3) along the boundary of said EBRPD parcel, westerly 784.67 feet,
southerly 558.81 feet, and westerly 419.5 feet, to the northeast comer of Subdivision MS 118-76 filed
January 26, 1977, in Book 51 of Parcel Maps at page 39, 4) along the north line thereof, south
89039'09"west 6,743.17 feet, to the northeast corner of APN 267-110-005 described in the deed to
John J. Naylor et ux. recorded September 8, 1981, in Volume 10481 of Official Records at page 551,
5) along the north line thereof, westerly 2,626 feet, more or less, to the northeast corner of APN 267-
100-001 described in the Final Order of Condemnation by East Bay Municipal Utility District recorded
January 6, 1964, in Volume 4525 of Official Records at page 853, 6) along the north line thereof,
westerly 2,008.42 feet, to the east line of Rancho EI Sobrante, 7) along said,east line, northerly
3,465.35 feet, to the south line of Subdivision MS 244-77 filed September 11, 1979, in Book 80 of
Parcel Maps at page 35, 8) along the boundary thereof, north 87018'30" east 2,091 feet and north
1 °2629" east 1,075.51 feet, to the west corner of Subdivision MS 18-91 filed December 29, 1992,
in Book 160 of Parcel Maps•at page 33, and 9) along the boundary thereof, north 53031'13" east
2,899.02 feet, north 1 043'17" east 195.8 feet, and south 88050'02" east 420.21 feet, to the southeast
comer of Subdivision MS 8-87 filed June 25, 1993, in Book 162 of Parcel Maps at page 25; thence
along the boundary of Subdivision MS 8-87, in a general northerly direction 4,892.21 feet to the
northeast corner thereof and north 88°10'13"west 2,856.41 feet, to the northeast corner of APN 362-
120-002 described as PARCEL THREE in the Decree of Final Distribution of the Estate of Frank
Pereira recorded January 15, 1957, in Volume 2914 of Official Records at page-t04; thence along
the north line thereof, westerly 82.5 feet, to the southeast corner of APN 362-120-003 described in
PARCEL TWO in said estate (2914 O.R. 504); thence along the boundary of PARCEL TWO as
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follows: 1) northerly 1,320 feet, 2) easterly 660 feet, 3) northerly 910.8 feet, 4) in a general easterly
direction 2,066.78 feet, 5) northerly 3,290.1 feet, and 6) westerly 303.15 feet, to the west line of
Subdivision MS 20-70 filed September 3, 1971, in Book 18 of Parcel Maps at page 12; thence along
the boundary thereof as follows: 1) northerly 1,038.68 feet, 2) northeasterly 599.55 feet, 3) northerly
1,621.65 feet, and 4) easterly 1,118.96 feet, to Station Post P.R. 29 on the boundary of Rancho el :Co
Pinole at the southeast comer of APN 362-060-017 described in the deed to Julio F. Bartolomei 1991 L7
Revocable Trust recorded February 12, 1992, in Volume 17220 of Official Records at page 312;
thence along said rancho boundary, northerly 3,960 feet, to Station Post P.R. 30 at the southeast G
comer of APN 362-060-014 described in PARCEL FOUR in the deed to Miriam R. Awenius recorded QD
April 6, 1989, in Volume 14986 of Official Records at page 503; thence along the east line of
PARCEL FOUR, northerly 2,640 feet, to Station Post 1/4-S. on the boundary of Rancho Canada del
Hambre y las Bolsas at the northeast corner of APN 362-060-007 described in said PARCEL FOUR;
thence along the boundary of said rancho, easterly 5,100 feet, to the southwest corner of PARCEL
"C" in Subdivision MS 167-76 filed March 8, 1978, in Book 63 of Parcel Maps at page 47 and shown
on the Record of Survey filed October 30, 1986, in Book 81 of Licensed Surveyors' Maps at page 12;
thence along the west line of PARCEL "C", north 15°21'17"west 992.53 feet, to the northwest corner
thereof on the boundary of that 392 acre APN 368-060-002 being a portion of PARCEL 2 described
in the deed to EBRPD recorded May 25, 1989, in Volume 15090 of Official Records at page 677;
thence along the boundary of said PARCEL 2 as follows: 1) westerly 438.11 feet, 2) in a general
northwesterly direction 3,353.53 feet, and 3) in a general northeasterly direction 1,927.46 feet, to the
southwest right of way line of Carquinez Scenic Drive, being a curve concave to the northeast having
a radius of 100 feet; thence along a radial northeasterly 30 feet, to the centerline of Carquinez Scenic
Drive; thence along said centerline in a general northerly direction 1,400 feet, more or less, to the
southwestern prolongation of the most northwestern line of that 14.125 acre APN 368-080-003
described as Tract 102 Parcel 1 in the deed to the United States of America recorded June 9, 1980,
in Volume 9875 of Official Records at page 634; thence along said prolongation and northwestern
line, northeasterly 245 feet, more or less, to the southwest line of Southern Pacific Railroad Company
100 feet wide right of way; thence crossing said railroad right of way, northwesterly 235 feet, more
or less, to the most western comer of that 10 acre APN 368-080-002 reconveyed to Henry Kirchman
Jr. et al. in the instrument recorded November 28, 1984, in Volume .12081 of Official Records at
page 163; thence along the northwest line thereof and its northeastern prolongation, northeasterly
4,000 feet, more or less, into Suisun Bay Carquinez Straits, to the boundary common to Contra
Costa and Solano Counties; thence along said common boundary in a general easterly direction
16,500 feet, more or less, to the Point of Beginning.
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