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HomeMy WebLinkAboutRESOLUTIONS - 02061990 - 90/107T3 a THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on February 6, 1990, by the following vote: AYES: Supervisors Powers, Schroder, McPeak, Torlakson and Fanden NOES: None ABSENT: None ABSTAIN:None RESOLUTION NO. 90/107 SUBJECT: IN THE MATTER OF ADOPTING THE REVISED DEVELOPMENT PROGRAM REPORT, AND REVISING ESTIMATED COSTS, COST ALLOCATION, FEE APPORTIONMENT AND FEES FOR THE OAKLEY AREA OF BENEFIT, HEREAFTER TO BE RENAMED THE OAKLEY/ NORTH BRENTWOOD AREA OF - BENEFIT (UNINCORPORATED) , AND AUTHORIZING A SEPARATE FUND FOR THE DELTA EXPRESSWAY PORTION OF THE AREA OF BENEFIT FEE The Board of Supervisors of Contra Costa County RESOLVES as follows: The Board FINDS and DETERMINES that: Government Code Section 66484 and Division 913, Title 9, of the Contra Costa County Ordinance Code provide for assessing and collecting fees for bridge and/or major thoroughfare construction within a designated area of benefit as a condition of approval of a final subdivision map or as a condition of issuing a building permit; and On December 22, 1989, the Board completed a comprehensive study of the Oakley/North Brentwood area by adopting the Oakley/North Brentwood Area General Plan. The Board finds it appropriate to rename the Oakley Area of Benefit to the Oakley/North Brentwood Area of Benefit to better describe the affected area and make it more consistent with' the current planning area; and The Public Works Director and the Director of Community Development have completed a Revised Development Program Report for the Oakley/North Brentwood . Area of Benefit which was filed with the Clerk of the Board. Notice of the hearing was duly given in accordance with Government Code Sections 54986, 54992 , 65091, 65962 and 66484 ; and The Delta Expressway is a proposed transportation facility that will benefit the entire region and as such is being funded by several cities and County areas of benefit, including the Oakley/ North Brentwood Area of Benefit. Since the Delta Expressway is a major project requiring specific funding from various sources, including this and other areas of benefit, the portion of the Oakley/North Brentwood Area of Benefit fee identified in the Revised Developrent Program Report for the Delta Expressway should be held in a separate fund account; and A Negative Declaration pertaining to this project was noticed. No protests were received during the review period. The Board hereby CONCURS in . the findings that the project will not have a significant effect on the environment and hereby DIRECTS the Director of Community Development to file a Notice of Determination with the County Clerk; and The improvements described in the Revised Development Program Report are necessary and desireable within the area of benefit, in that the improvements furnish a direct, efficient and cost- effective means of moving traffic within the area of benefit, and in that the improvements are required to reduce the traffic congestion, delay, economic loss, stressful driving conditions and degradation of air quality within the area of benefit; and RESOLUTION NO. 90/107 Page two February 6, 1990 The purpose of the fees described in this resolution is to generate monies to finance improvements to certain major thoroughfares in the Oakley/Brentwood area. The fees will be used to finance the road improvements listed in the above-described Revised Development Program Report. As discussed in more detail in said report, the types of development that are subject to the fees will generate additional traffic on major thoroughfares in the Oakley/North Brentwood are, thus crating a need to expand, extend or improve existing major thoroughfares and a need to construct new major thoroughfares. Use of the fees paid by each type of development will provide necessary infrastructure to mitigate adverse traffic impacts that would otherwise result from such development; and A majority protest does not exist, inasmuch as a written protest has not been filed by the owners of more than one-half of the area of the property to be benefited by the improvements. The Board hereby APPROVES and ADOPTS the Revised Development Program Report pertaining to the Oakley Area of Benefit, including renaming it to the Oakley/North Brentwood Area of Benefit, its boundaries, estimated cost of improvements, cost allocation, method of fee apportionment, revised fee and provision that 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, and REVISES the area of benefit in accordance with the Revised Development Program Report. The Board hereby INTENDS to adopt the following revised fee schedule by ordinance, as recommended in the Revised Development Program Report: Residential Single Family Dwelling Unit, $7,863 ; Residential Multi-Family Dwelling Unit $6,578; Commercial, $4.69 per square foot gross floor area; and industrial, $2.85 per square foot gross floor area. Final residential subdivision maps approved . prior to September 15, 1987 will be assessed the fees established by Ordinance No. 87-79; rather than those listed above. The Board DIRECTS the Director of Public Works to separate that portion of the Oakley/North Brentwood Area of Benefit fees identified in the Revised Development Program Report for the Delta Expressway project and place it in a separate fund, and DIRECTS the Auditor/Controller to establish said fund and the Treasurer to allow investment of said monies with interest accruing thereto. The Board DIRECTS the Public Works Department and the Department of Community Development to work with communities in the Oakley/ North Brentwood area and with local and State agencies in periodically reviewing the fee schedule for the Board 's consideration. The Board DIRECTS the Director of Community Development to closely monitor future amendmenl-s to the currently adopted General Plan within this area of benefit and their impact on traffic and the area of benefit and to report those amendments to the Public Works Department. The Board DIRECTS the Public Works Director to amend the Development Program Report as necessary to reflect General Plan amendments and report to the Board for consideration. vrzni l[TTJ>nl Kin nn i,n-7 Page Three February 6, 1990 The Board DIRECTS the Clerk of the Board to file certified copies of this resolution and Ordinance No. 90-10 with the County Recorder, as specified in Section 913-6.026 of the Contra Costa County Ordinance Code. I hereby Certify that this Is a true and correct Copt of an action taken and a ism on the adnut a of vw eoani of SUPIrWeors0 tthh (eddola show. ATTESTED: 99a aL BAT and t of the 9oard of Cowt4 AdmWatrstor y Deouti RMA:sd BO:23.tl Orig. Dept. : Public Works (RE) cc: County Administrator Director, Community Development Director of Public Works Building Inspection County Auditor/Controller County Treasurer/Tax Collector County Counsel County Recorder Public Works, Acctg. OMAC Oakley AOB TAC RESOLUTION NO. 90/107 r ORDINANCE NO. 90-10 Increasing Fees for the Oakley/North Brentwood Area of Benefit (Previously Called the Oakley Area of Benefit) and Replacing Ordinance No. 87-79 and Resolution No. 85/97) The Board of Supervisors of Contra Costa County ordains as follows: SECTION I.Replacement. Ordinance No. 87-79 and Resolution No. 85/97 shall be superseded and replaced by the following ordinance: SECTION II. Summary. This ordinance provides for an increase in the fee to be collected from developments proposed in the Oakley/North Brentwood Area of Benefit to fund road improvements in the Oakley/North Brentwood area. 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 54986, 54992, 65091, 65962, 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 road improvements, as described in the Revised Development Program Report, and shall be LEVIED and COLLECTED pursuant to the above authorities: Residential Single Family Dwelling Unit $7,863/unit Residential Multi-Family Dwelling Unit $6,578/unit Commercial 4.69/sq ft gross floor area Industrial 2.85/sq ft gross floor area The revised fees shall be payable as specified in Chapter 913-4 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. 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. 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 Antioch Ledger, 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 the County Recorder. Page two Ordinance No. 90-10 SECTION IX. Existing Fee. The replacement of Ordinance No. 87-79 and Resolution No. 85/97 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. 87-79, rather than those established by this ordinance. PASSED and ADOPTED on February 6, 1990 by the following vote: AYES:Supervisors Powers, Schroder, McPeak, Torlakson and Fanden NOES: None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By Deputy Board Ch it Exhibit "A" y 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. 90 54057 Cat nW E W. 9o- 9 r Urgency Measure for Interim ion Gury i to Increase Road Flees for Oakley/North $cmtwood Area of Benefit) The Board of Supervisors of Contra Costa County ordains as follows: SECTION I. S yy. This ordinance is an urgency measure for interim authorization to increase fees to be used for major thoroughfare improvements in the Oakley/North Brentwood area, which improvements are needed to protect the public health, safety and welfare. SECTIQN II. FThe Board finds that: Most roadways in the Oakley/North Brentwood area are rural two-lane roads ranging from' 18 to 28 feet in width. Many of these roads are sub-standard in width by current transportation/traffic design standards. Further, State Route 4 is a 'two-lane undivided roadway with traffic volumes of 27,000 vehicles per day causing heavy congestion. The high traffic volumes contribute to delays for vehicles turning left onto Highway 4 at several different intersections. There is an urgent need for increased fees as the inadequacy of the Oakley/ North Brentwood area road network causes significant congestion, delay and econamic 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. Housing construction activity is expected to be very heavy in the near future for the Oakley/North Brentwood area. The corresponding increase in peak hour traffic on Oakley's road network will further reduce the quality of travel in the Oakley/North Brentwood area. Failure to adopt the increased fees at this time will result in a loss of potential revenues as new development is built without having to contribute its full share to the proposed improvements. The inability to finance construction of improvements to the road infrastructure in the Oakley/North Brentwood area is detrimental to the public health, safety and welfare. Failure to require payment of the fees described in this ordinance as the condition of, issuing a building permit or filing a subdivision map would place the residents of the immediate conminity and the fee area in a condition perilous to their health and safety, in that the failure to fund necessary improvements to road infrastructure in the Oakley/North Brentwood area, will result in continuing and additional traffic congestion, delay, economic loss, stressful driving conditions and reduction in air quality. The Board also finds that: The adoption,of increased fees at this time will allow the immediate collection of the increased fees fresn new development. The end result will be to decrease travel delay, relieve traffic congestion, and thus, protect the public health, safety and welfare. 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. Procedure. This ordinance was adopted pursuant to the procedure set forth in Goverment Code Sections 65962(c) . SECTION V. Fee Adoption. The following increased fees are hereby ADOPTED for the Oakley/North Brentwood Area of Benefit to fund the major thoroughfare improve- ments described in the Revised Development Program Report on file with the clerk of the Board, and shall be LEVIED and COLLE= pursuant to the above authorities: Single Family Residential 7,863/Dwelling Unit Multi-Family Residential 6,578/Dwelling Unit Cannercial 4.69/Sq Ft Gross Floor Area Industrial 2.85/Sq Ft Gross Floor Area Ordinance No. 90-9 Page 2 The fees shall be payable as specified in Chapter 913-4 of the Contra Costa County Ordinance Code. SBCTICK VI. Fee Area. The fees described in this ordinance shall apply to all property described in Exhibit A attached hereto. SBCTICN VII. Severability. If any fee or provision of this ordinance is held invalid or unenforceable by a court of cagDetent 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. SDcacK VM. Effective Date. This ordinance shall become effective immediately after passage, and shall be operative for 30 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 Antioch Ledger, 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 February 6,1990 by the following vote: AYES: Supervisors Powers, Schroder, McPeak, Torlakson and Fanden NOES: None ABsENr: None ABSTAM: None AT=: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By:Ct Deputy Board Chair RK1 M:sd Ord.90 Exhibit "A" 1 Commencing at 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, morel,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 night of way line of Sunset Road; thence in a general north easterly dilrection along said right of way line, 2200 feet, more or less, to the east property line of parcel 1 018-190-013; 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 O rection 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 iiright 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'i feet, more or less, to the northerly right of way line of the Contra Cost 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, to the 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, to the 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'Iright 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, morej' or less, to the intersection of the City of Antioch City limit line and the southerly 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 Ci',ty 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.- MokelumneAqueduct. RECORDED AT REQUEST OF 190n AT O'CLOCK7 1M• CONTRA COSTA COUNTY RECORDS STEPHEN L. WEIR FEE $ COUNTY RECORDER ORDINANCE 90-10