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HomeMy WebLinkAboutORDINANCES - 07221997 - 97-29 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 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 • 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 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 97 140391 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, 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. 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: 0 Deputy Board Chair JB:NW:nw:eh gftransen07ordte\Eastem.wpd 717197 - 3 - Ordinance No. 97- 29