HomeMy WebLinkAboutMINUTES - 12061994 - H.4 f
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TO: BOARD OF SUPERVISORS V
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: December 6, 1994
SUBJECT: Formation of the South Walnut Creek Area of Benefit Fee Schedule and Boundaries
Project No. 0676-2310-6P4070. CDD-CP#94-43.
RESOLUTION NO. 94/ 604
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1. J Recommended Action:
A. It is recommended that the Board take the following actions:
1. ADOPT and APPROVE the Development Program Report pertaining to the
formation of the South Walnut Creek Area of Benefit.
2. DETERMINE that the activity, formation of the South Walnut Creek Area of Benefit,
is not subject to the California Environmental Quality Act(CEQA) pursuant to Article
5, Section 15061(b)(3) CEQA guidelines.
3. DIRECT the Director of Community Development to file the Notice of Exemption
(the custodian of which is the Chief Engineer who is located at 255 Glacier Drive,
Martinez) with the County Clerk.
4. DIRECT the Public Works Director to arrange for payment of the $ 25.00 handling
fee to the County Clerk for the filing of the Notice of Exemption.
5. DETERMINE that a majority protest does not exist.
6. INCORPORATE in this resolution by reference the boundaries, costs, and method
of fee apportionment set forth in the Development Pro m Report and the attached
ordinance.
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Continued on Attachment: X SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON 1994 APPROVED AS RECOMMENDED�OTHER_
VOTE OF SUPERVISORS
✓ UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
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Orig. Div: Public Works (T/E)
Contact: Rob Tavenier, Tel. 313-2256 1 hereby certify that this is a true and correct copyof
an action taken and entered on the minutes of the
cc: M. Shiu, Deputy PW Director Board of Supery. o the d�at�j shown.
Community Development ATTESTE:— IClIH�ELOR,Clerk�of4 the Board
Public Works Accounting of Supervisors and County Administrator
Design Division-Environmental By. a1±29AA1/1" ,Deputy
County.Auditor-Controller
Treasurer-Tax Collector
RESOLUTION N0. 94/604
Revision of the South Walnut Creek Area of Benefit
December 6, 1994.
Page 2
1. Recommended Action: (Cont.)
7. DIRECT the Director of Public Works and Auditor/Controller to continue the existing
trust fund for the Central County subarea, that was established by Board Resolution
88/122 on March 15, 1988, and that this trust fund shall now be specific for the
South Walnut Creek Area of Benefit, and that the Treasurer shall continue the
investment of said monies with interest to accrue in the trust fund account.
8. DIRECT the Public Works Department and Department of Community Development
to review the fee schedule every January 1 the Area of Benefit is in effect, and to
adjust for the effects of inflation as described in the attached ordinance. The
adjustment for inflation is not subject to CEQA.
9. DIRECT the Director of Community Development to monitor future amendments to
the currently adopted General Plan and their impact on traffic within the South
Walnut Creek Area of Benefit, and to report those amendments to the Public Works
Director as necessary to facilitate updating of the South Walnut Creek Area of
Benefit, and to make recommendations to the Board.
10. DIRECT the Public Works Department and Department of Community Development
to comply with CEQA on development applications and road projects to be
constructed pursuant to the Development Program Report for the South Walnut
Creek Area of Benefit.
B. It is recommended that the Board ADOPT the attached ordinance, which forms the South
Walnut Creek Area of Benefit, and ordains the following:
Traffic Mitigation Fees (Ordinance No. 94 - 72 )
1. Adopt traffic mitigation fees, as recommended in the Development Program Report.
2. Adjust the fee schedule every January 1 that the Area of Benefit is in effect, to
account for the affects of inflation and that at no time will the fee schedule be
increased at a rate of more that 5% per year.
II. Financial Impact:
The total estimated cost of the road improvement project identified in the Development Program
Report for the South Walnut Creek area, is approximately $2.8 million. The proposed project
however, will only be partially funded by South Walnut Creek Area of Benefit fees. Adoption of
the Area of Benefit will generate approximately $500,000 for Olympic Boulevard Widening
Project, when all the fees are collected by the year 2010 target date. The South Walnut Creek
Area of Benefit has already contributed funds in excess of$200,000 for this project, and has an
existing unencumbered balance of$300,000 in its trust account. Other sources will be found to
provide the remaining necessary funds.
III. Reasons for Recommendations and Background:
The Countywide Area of Benefit was first adopted by the Board of Supervisors on March 15,
1988, to improve the capacity and safety of the arterial road network in Contra Costa County
through the establishment of a traffic mitigation fee. The traffic mitigation fee applies to the
unincorporated areas of the County and is required of all new development. The Countywide
Area of Benefit was divided into seven regions, some of which were divided into subareas. The
seven regions were called West County, Central County, Lamorinda, Alamo, South County, East
County, and Bethel Island. The Central County region was divided into four subareas, called
Briones, Martinez, South Walnut Creek, and Central County. There was a separate fee schedule
for each region. Fees collected within subareas were held in a separate trust fund account
specific to that subarea.
Revision of the South Walnut Creek Area of Benefit
December 6, 1994
Page 3
III. Reasons for Recommendations and Background: (Cont.)
The formation of separate Areas of Benefit based upon the original subareas of the Countywide
Area of Benefit will allow the Public Works Department staff to update and administer these
subareas more efficiently. The fees for a particular subarea will now reflect the needs and
potential development of that subarea and not of the region surrounding it. Also, a "subarea" will
now be able to be revised without revising the development program report for the entire region.
The project list set forth in the Development Program Report is the same project that was
contained on the original project list for the South Walnut Creek subarea of the West County
Region of the Countywide Area of Benefit. The cost estimate and development potential have
been updated, resulting in a new schedule of proposed fees.
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 and as a condition of issuing a building permit. The Public
Works Director and Director of Community Development have completed a Development
Program Report for the West County 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,
65091, 66016, and 66484.
IV. Consequences of Negative Action:
Failure to revise the South Walnut Creek Area of Benefit will result in lower revenue and the
funding of future projects may be delayed.
Ordinance No. 94-72
72
South Walnut Creek 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 South Walnut Creek Area
of Benefit, and the adoption of fees to be collected from developments proposed in the South Walnut
Creek Area of Benefit located in unincorporated Contra Costa County to fund road improvements.
SECTION II. REPLACEMENT. Within the new area of benefit, Ordinance 93122 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
South Walnut Creek Area of Benefit, as established by Resolution 94/604 dated December 6, 1994
and shall apply to all development within the Fee Area:
South Walnut Creek Area of Benefit:
Land Use Recommended Fee
Single Family Residential $3,951 per Dwelling Unit
Multiple Family Residential $3,951 per Dwelling Unit
Commercial $7.51 per Square Foot Gross Floor Area
Office $6.32 per Square Foot Gross Floor Area
Other $3,951 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 South
Walnut Creek 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 South Walnut Creek Area of Benefit as established by Resolution No. 94/604
adopted December 6, 1994 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 South
Walnut Creek 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 in that the development
projects will generate additional traffic on bridges and major thoroughfares in the South Walnut Creek
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 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 it would have adopted
each part of this ordinance irrespective of the validity of any other part.
SECTION IX. REVIEW OF FEES. Project cost estimates shall be reviewed January 1 of every year
that the South Walnut Creek 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 Ordinance 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 when building permits are issued in accordance with Section 913-4.204 of Title 9
(Subdivisions) of the Contra Costa County Ordinance Code.
PASSED and ADOPTED on December 6, 1994 by the following vote:
AYES: Supervisors Bishop, Torlakson and4Powers
NOES: None
ABSENT: Supervisors Smith and DeSaulnier
ABSTAIN: None
Attest: Phil Batchelor, Clerk of
the Board of Supervisors
and County Administrator
By: �a >Z�a ttrt z
Deputy and Chair
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Attachments
Boundary Description
South Walnut Creek Area of Benefit
EXH I BIT "A"
A portion of south central Contra Costa County, California, described as follows:
Beginning on the south right of way line of State Freeway 24 at the east line of Lot 62 in "Sun Valley
Estates" recorded February 8, 1946 in Book 28 of Maps at page 27; thence from the Point of
Beginning, along said freeway right of way in a general easterly direction 3,200 feet, more or less,
to the east line of Lot 11 in "White Orchard Estates" recorded August 28, 1941 in Book 25 of Maps
at page 43; thence along said east line, being the arc of a non-tangent curve concave to the east
having a radius of 50 feet, southerly 12.29 feet, to the north right of way line of Boulevard Way;
thence non-tangent along said north line, north 73038'43" east 236.54 feet, more or less, to a curve
having a radius of 133 feet; thence crossing Boulevard Way, easterly 180 feet, more or less, to the
eastern terminus of a curve having a radius of 45 feet on the north right of way line of Nicholson
Road; thence along said north line in a general southeasterly direction 1,000 feet, more or less, to
the east right of way line of Bonita Lane; thence south 66048'23" east 18.3 feet to the northeast
comer of the Record of Survey filed November 24, 1962 in Book 20 of Licensed Surveyors' Maps at
page 47; thence along-the northeast line thereof, south 66°48'23" east 256.74 feet and south
58°33'23" east 65 feet, to the northeast corner of Subdivison MS 212-76 filed November 18, 1977
in Book 60 of Parcel Maps at page 19; thence south 57023'05" east 116.25 feet to the east corner
thereof; thence.crossing Olympic Boulevard, southeasterly 62 feet, more or less, to the northeast
right of way line of Paulson Lane; thence along said northeast line in a general southeasterly
direction 400 feet, more or less, to an angle point on the southwest right of way line of Interstate
Freeway 680; thence along said southwest line, south 57021'31" east 165 feet, more or less, to an
angle point thereon; thence south 52002'55" east 880 feet, more or less, to the east corner of Lot
Line Adjustment LL 63-89 shown on the Record of Survey filed February 9, 1990 in Book 93 of
Licensed Surveyors' Maps at page 2; thence crossing Newell Avenue, easterly 92 feet, more or less,
to the most northern comer of Subdivision MS 161-79 filed September 3, 1980 in Book 88 of Parcel
Maps at page 50; thence along the southwest right of way line of Interstate Freeway 680, south
57021'31" east 820 feet, more or less, to the east corner of Assessor Parcel Number (hereinafter
referred to as APN) 184-211-027 described as PARCELS ONE and TWO in the deed to the State
of California recorded June 13, 1990 in Volume 15917 of Official Records at page 559; thence
crossing Lilac Drive, easterly 165 feet, more or less, to the east right of way line of Lancaster Road;
thence along said east line in a general southeasterly direction 2,060 feet, more or less, to an,iron
pipe on the northeast line of Grumman Court shown on the map of Subdivision MS 37-78 filed
November 3, 1978 in Book 71 of Parcel Maps at page 33; thence along said northeast line and the
northeast line of Subdivision MS 37-78 in a general southeasterly direction 638.88 feet to the iron
pipe marked R.C.E. 10319 on the southwest right of way line of South Main Street as shown on said
map (71 PM 33); thence along said southwest line in a general southeasterly direction 1,850 feet,
more or less, to the centerline of Crest Avenue; thence along said centerline in a general
southwesterly direction 980 feet, more or less, to an angle point thereon at the southeast corner of
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Lot 22 in 'Walnut Creek Paris"filed February 6, 1911 in Book 4 of Maps at page 84; thence along the
south lines of Lots 22 and 19 (4 M 84), westerly 908.6 feet, to the centerline of Meadow Road; thence
along said centerline, southerly 256 feet, to the north line of Lot 4 (4 M 84); thence along said north
line, westerly 392.1 feet, to the northwest line thereof; thence along said northwest line,
southwesterly 11.2 feet, to. the northwest line of Subdivision MS 88-72 filed July 27, 1972 in Book 23
of Parcel Maps at page 15; thence along said northwest line in a general southwesterly direction
294.26 feet, to the southwest comer thereof on the boundary of Subdivision MS 204-76 filed August
18, 1977 in Book 57 of Parcel Maps at page 14; thence along said boundary in a general
southwesterly direction 576 feet to the most southern comer thereof, shown as a 2" x 2" hub on the
boundary of Subdivision MS 5-80 filed November 5, 1985 in Book 119 of Parcel Maps at page 25;
thence along the boundary of Subdivision MS 5-80 in a general southwesterly direction 395.69 feet
to the most southern comer thereof, also being the northwest comer of Subdivision 61-74 filed March
21, 1975 in Book 37 of Parcel Maps at page 20; thence along the boundary of Subdivision MS 61-74,
south 5°23'53" east 219.02 feet and south 28°21'07"west 34.67 feet, to the northwest right of way
line of Tice Valley Boulevard; thence crossing said road, southeasterly 72 feet, more or less, to the
north corner of Lot 1 in Tract 2304 recorded November 29, 1955 in Book 61 of Maps at page 50;
thence along the boundary of Tract 2304, south 26°58'20" east 352.4 feet, north 54048'26" east
83.47 feet, and south 20042'50" east 60 feet, to the northwest corner of Subdivision MS 224-77 filed
September 14, 1978 in Book 69 of Parcel Maps at page 43; thence along the boundary thereof,
north 69003'05" east 182.07 feet, north 68055'37" east 27.18 feet, and in a general southerly
direction 824.1 feet, to the northeast comer of Subdivision MS 45-88 filed February 25, 1990 in Book
145 of Parcel Maps at page 32; thence along the boundary thereof as follows: 1) in a general
southerly direction 403.55 feet to the north line of Saddle Road, 2) south 70040'24" east 130.84 feet,
3) south 22030'17" east 71.29 feet, and 4) in a general westerly direction 1,207.49 feet, to the
southwest comer thereof, also being the most eastern corner of Lot 10 in Tract 2304; thence along
the south line of Tract 2304, north 70020'30" west 733 feet, to the southwest corner thereof, also
being the southeast comer of Harlan Ranch shown on the Record of Survey filed September 8, 1939
in Book 7 of Licensed Surveyors' Maps at page 7; thence along the boundary thereof, westerly
379.04 feet, northwesterly 1,221 feet, and northerly 552.56 feet, to the southwest right of way line
of Tice Valley Boulevard; thence along said southwest line in.a general westerly and northwesterly
direction 3,750 feet, more or less, to the north line of Subdivision 6815 "Del Valle" recorded
November 12, 1987 in Book 318 of Maps at page 3; thence along said north line, south 89°36'27"
west 639.9 feet, to the northwest corner thereof on the boundary of the Record of Survey filed April
1, 1965 in Book 33 of Licensed Surveyors' Maps at page 40; thence along said boundary in a general
westerly direction 1,678.27 feet to the east line of the Record of Survey filed June 18, 1965 in Book
35 of Licensed Surveyors' Maps at page 23; thence along the boundary thereof in a general westerly
direction 1,286.93 feet to the east corner of Terra California Territory described in the Annexation
to the City of Lafayette Resolution 50-80 adopted May 12, 1980; thence along the boundary thereof
in a general northwesterly direction 1,787.43 feet to the most northern corner thereof; thence
crossing Olympic Boulevard along the northwestern prolongation of the northwest line of'said
annexation, northeasterly 200 feet, more or less, to the north right of way line of Olympic Boulevard,
also being the south line of Lot 11 in Subdivision 5016 recorded February 10, 1978 in Book 207 of
Maps at page 41; thence along said north line (being lot lines of Subdivision 5016) in a general
easterly direction 1,370 feet, more or less, to the southeast corner of Lot 1 in Subdivision 5016;
thence leaving the boundary thereof and following the boundary shown on the Record of Survey filed
July 26, 1982 in Book 71 of Licensed Surveyors' Maps at page 1 as follows: 1) south 69°48'10" east
63 feet, 2) north 23039'45" east 98.89 feet, 3) north 55050'29" east 95.49 feet to the west right of
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way line of Freeman Road being a non-tangent curve concave to the east having a radius of 185.84
feet to which a radial bears south 66019'04" west, 4) along the arc thereof, northerly 18.31 feet,
through a central angle of 5038'38"to a compound curve concave to the east having a radius of 925
feet, and 5) along the arc thereof, northerly 44.19 feet, through a central angle of 2044'15" to the
most eastern comer of Subdivision 5016 (207 M 41); thence along the boundary thereof, continuing
along the arc of said curve having a radius of 925 feet, northerly 54.77 feet, through a central angle
of 3023'33", to the southeast corner of Lot 9 in "Swanson Tract" recorded September 30, 1946 in
Book 31 of Maps at page 8; thence along the boundary common to Subdivision 5016 and "Swanson
Tract"as follows: 1) in a general westerly direction 874.7 feet and 2) in a general northerly direction
170.97 feet; thence leaving the boundary of Subdivision 5016 and continuing along the boundary of
"Swanson Tract" in a general northerly direction 373.55 feet to the northwest comer thereof, also
being the southwest comer of"Sun Valley Estates" recorded February 8, 1946 in Book 28 of Maps
at page 27; thence along the boundary thereof in a general northerly direction 921.19 feet, to the
south corner of Lot 239; thence along the southeast lines of Lots 239, 238, and 237 (28 M 27),
northeasterly 385.67 feet; thence crossing Sunset Loop, northeasterly 50 feet, to the south corner
of Lot 261; thence along the southeast lines of Lots 261, 260, 259, 258, and 257 (28 M 27),
northeasterly 435 feet, to the northeast line of APN 185-330-006 described in the deed to Brueckner
Trust recorded January 28, 1994 as Series #94025807; thence along said northeast line,
southeasterly 165 feet, more or less, to the north right of way line of Kinney Drive; thence crossing
EI Curtola Boulevard, northeasterly 110 feet, more or less, to the west terminus of a curve concave
to the south having a radius-of 225 feet on the north right of way line of Kinney Drive; thence along
the arc of said curve, easterly 70 feet, to the east line of Lot 37 (28 M 27); thence along said east
line, northerly 251.38 feet, to the northwest line of Lot 35; thence along the northwest lines of Lots
35 and 34 (28 M 27), northeasterly 550.28 feet, to the east line of Lot 43; thence along the east lines
of Lots 43, 89, and 79 (28 M 27), northerly 376.59 feet, to the northeast line of Lot 79; thence along
the northeast lines of Lots 79 and 78 (28 M 27), northwesterly 273 feet, to the east line of Lot 75;
thence along the east lines of Lots'75, 74, 73 72, and 71 (28 M 27), northerly 455 feet, to the east
line of Lot 69; thence along the east lines of Lots 69 and 68, northerly 247 feet, to the northeast line
of Lot 68; thence along the northeast lines of Lots 68 and 67 (28 M 27), northwesterly 308 feet, to
the east line of Lot 62 (28 M 27); thence along said east line, northerly 30.69 feet, to the south right
of way line of State Freeway 24, the Point of Beginning.
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