HomeMy WebLinkAboutMINUTES - 11281989 - T.6 CORRECTED COPY!
CLERK'S COPY PLEASE PEST OY SU 25665
PREVIOUS ISSUE
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on November 28, 1989 by the following vote:
FAb
r+ AYES: Supervisors Powers, Fanden, Schroder, McPeak, Torlakson
Ov NOES: None ;
xl
ABSENT: None
A ABSTAIN: None
o►
RESOLUTION NO. 89/766
y. SUBJECT: In the Matter of Adopting the Development Program Report,
1 Establishing Estimated Costs , Cost- Allocation, Fee Appor-
tionment and Fees for the Bogue Ranch Area of Benefit.
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 development;
V and
The Public Works Director and the Director of Community Development
have completed a Development Program Report for the Bogue Ranch
Area of Benefit which was filed with the Clerk of the Board.
�O Notice of the hearing was duly given in accordance with Government
Code Sections 54986 , 54992 , 65091 , 65962 and 66484; and
(1� An Environmental Impact Report (EIR) was prepared for the Bogue
Ranch General Plan Amendment (#13-83-SR) and the Board of Supervi-
sors certified that the EIR was completed in compliance with the
California Environmental Quality Act. The Bogue Ranch EIR was
certified for use with the approval of the Stonegate at Alamo
(Alamo Estates) project (02661-RZ and #3005-86 ) . The approval
required the establishment of a funding mechanism for road improve-
ments . The current action is a result of that approval . No
further significant impacts are expected to occur as a result of
the construction of projects funded by the Area of Benefit .
The Board of Supervisors resolves as follows :
The Board hereby DETERMINES that a majority protest does not exist ,
inasmuch as a written protest has not been filed by the owners of
�q more than one-half of the area of the property to be benefited by
the improvements .
The Board FINDS that the road improvements described in the Develop-
ment Program Report are necessary and desirable within the area of
benefit .
The Board hereby ESTABLISHES the Bogue Ranch Area of Benefit, and
APPROVES and ADOPTS the Development Program Report for the Bogue
Ranch Area of Benefit, establishing boundaries, estimated cost of
improvements , cost allocation, method of fee apportionment, fee
schedules and the provision that the interest accrued on the fees
collected shall continue to accumulate in the account and shall be
used to cover the cost of administration, design and construction
of the improvements .
The Board hereby ADOPTS the following fee schedule by ordinance, as
recommended in the Development Program Report:
Bogue Ranch Property $5 , 657 per residential dwelling unit
Bannister Property: $5 , 657 per residential dwelling unit
Post Property: $5 , 192 per residential dwelling unit
The Board hereby DECLARES ITS INTENT that when adjoining properties
develop that would benefit from the road improvements described in
the Development Program Report, they may be incorporated into the
Area of Benefit and that such developments would be subject to road
improvement costs only and not right-of--way costs .
D QCl1T t'M-r Alt ave nn i^ ��
Bogue Ranch Area of Benefit
Page 2 of 2
The Board DIRECTS the Clerk of the Board to promptly file a certi-
fied copy of this Resolution with the County Recorder, pursuant to
Section 913-6 . 026 of the Contra Costa County ordinance Code.
Orig. Dept. : Community Development
c c : County Adm i n i•s t r a t o r f hereby certify chat this is a true and correct OoPY of
Public Works Director an acwn taken and e^tereddah� mires a ft
BOW of Supervisors on thl
Building Inspection ATMED. �8, ��d9
County Auditor-Controller PHIL,
CgIMCH tlOR� a�Swrd
County Counsel �ro
County Treasurer-Tax Collector � orsandt ttyAdmir►
County Recorder BYA v
en4 :BogueRch.AoB Deputy
RECORDED AT F'EQUEST 01-1
AT Al 0' 'LC("K
CONTRA COSTt', ^.;);JNT)' R-^ �C-
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RESOLUTION NO. 89/766
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ORDINANCE NO. 89-88
(Bogue Ranch Area of Benefit)
The Board of Supervisors of Contra Costa County ordains as follows :
_J
SECTION I. Summary. This ordinance provides for the adoption of
fees to be collected from residential developments proposed in the
Bogue Ranch Area of Benefit to fund road improvements in the Alamo
area.
SECTION II . 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 , 54992 , 65091 , 65962 , and 66484., and Division 9131 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 are hereby adopted
for the Bogue Ranch Area of Benefit to fund road improvements , as
described in the Development Program Report, and shall be levied
and collected pursuant to the above authorities :
Bogue Ranch Property: $5 , 657 per residential
dwelling unit
Bannister Property: $5, 657 per residential
dwelling Unit
Post Property: $5 , 192 per residential
dwelling unit
The fees shall be payable as specified in Chapter 913-4 of the
Contra Costa County Ordinance Code .
SECTION V. Fee Area. The boundaries of the area of benefit are
established as described in Exhibit "A" attached hereto. The fees
described in this ordinance shall apply to all property within such
boundaries .
SECTION VI . Costs and Apportionment. The estimated costs of the
road improvements and the method of cost and fee apportionment are
established as set forth in Exhibit "B" 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 .
Bogue Ranch Area of Benefit
Ordinance -- Page 2
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 San Ramon Valley 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 November 28, 1989, by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, McPeak and Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk of the
Board and County Administrator
By ( A J°
Dep 40
ty Board Chair
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Bogue Ranch Area of Benefit
Post Property
EXHIBIT "All
All of Parcels One and Two described in the affidavit by Irene Taylor Post,
recorded October 14, 1971 in Book 6497 at page 220, Official Records of
Contra Costa County, California.
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Bogue Ranch Area of Benefit
Bannister Property
IDUiIBIT "All
All of Subdivision M.S. 48-70 as shown on the Record of Survey Map filed
December 17, 1982 in Book 72 of Licensed Surveyors Maps at page 4, Records
of Contra Costa County, California.
EXC,EPrMG THEREFRCM: That portion of said Subdivision M.S. 48-70 (72 LSM
4) lying within Subdivision 6743 filed June 9, 1987 in Book 313 of Maps at
page 28, Records of said County.
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` Bogue Ranch Area of Benefit
Subdivision 6743
EXHIBIT "A"
All of the parcels of land shown on the map of Subdivision 6743 filed June
9, 1987 in Book 313 of Maps at page 28, Records of Contra Costa County,
California.
EXCEPTING THE MOM: Parcels A and M as shown on said map (313 M 28) .
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EXHIBIT "B"
ADOPTED BY THE BOARD OF SUPERVISORS
ON November 28, 1989
DEVELOPMENT PROGRAM REPORT FOR
BOGUE RANCH AREA OF BENEFIT
PROVIDING FUNDING FOR THE
CONSTRUCTION OF ROAD IMPROVEMENTS
PREPARED PURSUANT TO SECTION 913
COUNTY ORDINANCE CODE
CONTRA COSTA COUNTY
PUBLIC WORKS AND COMMUNITY DEVELOPMENT DEPARTMENTS
r
DEVELOPMENT PROGRAM REPORT FOR THE BOGUE RANCH AREA OF BENEFIT
PURSUANT TO THE BRIDGE CROSSING AND MAJOR THOROUGHFARES FEE AREA POLICY
INTRODUCTION
This is a Development Program to improve the capacity and safety of the
arterial road network in the Bogue Ranch area of Alamo, through the
establishment of an area of benefit and the adoption of certain fees. The
fees would apply to these properties within the proposed area of benefit,
the location of which is shown in attached Figure 1 and Figure 2. This
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.
One objective of the County General Plan is to relate new development
directly to the provision of community facilities necessary to serve that
development. The Bogue Ranch Development in Alamo was conditioned to
construct certain off-site road-improvements (as described in the Project
List below) , which would benefit future developments in the immediate area.
The largest of these future developments is what is commonly referred to as
the Post Property. Another development benefitting from the road improve-
ments is commonly referred to as the Bannister Property.
AREA OF BENEFIT - LOCATION
As shown on the Vicinity Map in Figure 1, the proposed area of benefit is
Cr bounded by the City of Walnut Creek to the west and north, by
Livorna Road and Miranda Avenue to the south and by Mt. Diablo State Park
to the east. The boundary of the area of benefit is described in Exhibit
"A" and shown on a map in Figure 2.
COMPLIANCE WITH SECTION 66001(a) OF THE GOVERNMENT CODE
In compliance with Section 66001(a) of the Government Code, the following
statements are presented:
1. PURPOSE OF FEES:
The purpose of this area of benefit is to generate monies through the
adoption of fees that will ensure that the developer .of Bogue Ranch
will be reimbursed for a portion of the road improvements that benefit
future developments. Participation in the Bogue Ranch Area of Benefit
will not exclude participation in other areas of benefit that may be
formed in the Alamo area, provided the scope of the projects .are
different.
Page 1 of 5
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2. USE OF FEES
The fees will be used to generate monies to pay for the road
improvements described in the following PROJECT LIST AND COST ESTIMATE
Section. These road- improvements are being constructed by the
developer of Bogue Ranch as required by the Conditions of Approval for
the development.
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 rapacity and safety of the road
network serving the Bogue Ranch residential development, the existing
residences, and future residential developments in the area. The road
improvement projects were included as mitigation measures in the
Environmental Impact Report prepared for the Bogue Ranch General Plan
Amendment (#13-83-SR) .
4. RELATIONSHIP BETWEEN NEED FOR ROAD IMPROVEMENTS AND TYPE OF
DEVELOPMENT PROJECT
Residential developments, such as Bogue Ranch, generate an average of
10 trips per dwelling unit per day. The 307 total residences esti-
mated for the Bogue Ranch Area of Benefit will, therefore, generate an
average of 3070 trips per day. A detailed analysis of the
relationship between the need for the road improvements and the
proposed and potential developments in the area is presented in the
Environmental Impact Report prepared for the Bogue Ranch General Plan
Amendment.
GENERAL PLAN RELATIONSHIP
The area of benefit fees will generate monies to improve the capacity and
safety of Livorna Road and Miranda Avenue, as described in the following
PROJECT LIST AND COST ESTIMATE Section. The portions of Livorna Road and
Miranda Avenue which are to be improved are part of the Circulation Element
of the General Plan. The General Plan and its various elements are
available for review at the Community Development Department, McBrien
Administration Building, 651 Pine Street. Martinez, during office hours.
DEVELOPMENT POTENTIAL WITHIN THE AREA OF BENEFIT
The development potential in the proposed area of benefit is derived from
approved or proposed developments in the area. Bogue Ranch has been
approved for 202 single family dwelling units. The Bannister Property has
been approved for 12 additional single family dwelling units. It is esti-
mated that the Post Property will add 91 single family dwelling units to
the area of benefit. This gives a total of 305 single family dwelling
units for the area of benefit.
Page 2 of 5
V
PROJECT LIST AND COST ESTIMATE
The projects to be funded by the area of benefit and the associated cost
estimates are as follows:
PROJECT DESCRIPTION COST ESTIMATE
1. LIVORNA ROAD EAST EXTENSION $252,000
2. POST PROPERTY
A. Right of Way $226,800
B. Construct a new portion of Livorna Road from $520,770
Acacia Lane through the Post Property to the
west end of Livorna Road East as a 28-foot
road in a 40-foot right of way. Provide -for
left-turn channelization and transitions at
the intersection with realigned Miranda
Avenue. Construct a new portion of Miranda
Avenue from the existing Miranda Avenue/
Livorna Road intersection to the approximate
midpoint of the new portion of Livorna Road
as a 28-foot road in 40 feet of right of
way. Construct cul-de-sacs on Miranda
Avenue between the existing Miranda/Livorna
intersection and Livorna Road East.
3. LIVORNA (BETWEEN TROTTER AND LAVENDER)
A. Right of Way $128,463
B. Improve existing Livorna Road between $538,327
Trotter Way and Lavender Drive consisting of
vertical and horizontal realignments and
road widenings to a minimum of 28 feet
through this area.
4. TOTAL COST OF IMPROVEMENTS $1,666,360
ADMINISTRATION $ 16,663
TOTAL $1,683 ,023
BASIS FOR COST ALLOCATION
Project 1 is of benefit only to Bogue Ranch and the Bannister Property so
development on the Post Property is excluded from sharing in the cost for
it. The cost of Project 2A (the Right of Way through the Post Property)
will be allocated as follows: half to the Post Property and half to the
Bogue Ranch and Bannister Properties. The costs of the remaining projects
(2B, 3A and 3B) will be allocated to all three developments. Costs will be
allocated on the basis of dwelling units.
Page 3 of 5
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PROJECT 1
Cost: $254,500 cost plus administration
Number of Dwelling Units: 214 (202 Bogue, 12 Bannister)
Cost/Dwelling Unit = $254,500 = $1,189/du
214du
PROJECT 2A
Cost: $229,068 cost plus administration
Allocation: $114,534 to Post
$114,534 to Bogue-Bannister
Number of Dwelling Units: 91 (Post)
Cost/Dwelling Unit (Post) = $114,534 = $1,259/du
91du
Cost/Dwelling Unit (Bogue-Bannister) = $114,534 = $535/du
214du
PROJECTS 2B, 3A & 3B
Cost: $1,199,436 cost plus administration
Number of Dwelling Units: 305 (202 Bogue, 12 Bannister. 91 Post)
Cost/Dwelling Unit = $1.199,436 = $3,933/du
305du
RECOMMENDED FEES
The recommended fees are:
Bogue Ranch: $5,657 per residential dwelling unit
Bannister Property: $5,657 per residential dwelling unit
Post Property: $5,192 per residential dwelling unit
REVIEW OF FEES
The fees will be adjusted to reflect the final construction costs of the
road improvements being funded by the area of benefit and the final number
of approved dwelling units within the area of benefit. The fees will be
reviewed, and adjusted if necessary, during January of every year that. the
area of benefit is in effect. At that time the previous year's increase in
the California Construction Cost Index, as published by the California
State Department of Transportation, will be applied to the fee. Appropri-
ate adjustments in the fees will be established by Board Resolution/
Ordinance.
Page 4 of 5
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COLLECTION OF FEES
Fees will be collected prior to the .filing of the final subdivision map in
accordance with Section 913-4.202 of Title 9 (Subdivisions) of the Contra
Costa County Ordinance Code. For those properties that have approved
tentative maps prior to the adoption of this 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 account entitled "Bogue Ranch Area of Benefit" .
INTEREST ON FEES
The interest accrued on the fees collected in this area of benefit shall
continued to accwnulate in the same account and shall be used to cover the
cost of administration, design and construction of the fee area improve-
ments.
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