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HomeMy WebLinkAboutMINUTES - 01111994 - H.2 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: January 11, 1994 SUBJECT: Formation of the North Richmond Area of Benefit RESOLUTION NO. 94/ 29 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION I. 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 North Richmond Area of Benefit. 2. FIND, on the basis of the initial study and all comments received, that there is not substantial evidence that the Area of Benefit formation will have a significant effect on the environment. 3. ADOPT the Negative Declaration, in compliance with the California Environmental Quality Act. 4. DIRECT the Director of Community Development to file the Notice of Determination and a certificate of fee exemption: de minimis impact finding with the County Clerk. 5. DIRECT the Public Works Director to arrange for payment of the $ 25.00 handling fee to the County Clerk. 6. DETERMINE that a majority protest does not exist. Continued on Attachment: X SIGNATURE: / ✓x /�. ,u� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON January 11, 1994 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) AYES: NOES: -,ABSENT. ABSTAIN: NW/RT:rt c:NRaobB01.t12 i hereby certify that this to a true and correct copy a# an action taken and entered on the minutes of the Orig. Div: Public Works (T/E) Board of Supervisors on the date shown. Contact: Rob Tavenier, Tel. 313-2256 ATTESTED: 190181-_�E 1 1 , 19914 cc: M. Shiu, Deputy PW Director of BATCHELOR.Ginty ism I�or Community Development Public Works Accounting By .- _...,0s" County Auditor-Controller Treasurer-Tax Collector RESOLUTION N0. 94/29 Formation of the North Richmond Area of Benefit January 11, 1994 Page 2 I. Recommended Action: (Cont.) 7. INCORPORATE in this resolution by reference the boundaries, costs, and method of fee apportionment set forth in the Development Program Report and the attached ordinance. 8. DIRECT the Director of Public Works and Auditor/Controller to continue the existing trust fund for the North Richmond area, that was established by Board Resolution 92/706 on October 20,1992, and that this trust fund shall now be specific for the North Richmond Area of Benefit, and that the Treasurer shall continue the investment of said monies with interest to accrue in the trust fund account. 9. 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. 10. DIRECT the Director of Community Development to monitor future amendments to the currently adopted General Plan and their impact on traffic within the North Richmond Area of Benefit, and to report those amendments to the Public Works Director as necessary to facilitate updating of the North Richmond Area of Benefit, and to make recommendations to the Board. 11. DIRECT the Public Works Department and Department of Community Development to comply with CEQA on development application and road projects to be constructed pursuant to the Development Program Report for the North Richmond Area of Benefit. B. It is recommended that the Board ADOPT the attached ordinance, which creates the North Richmond Area of Benefit, and ordains the following: Traffic Mitigation Fees (Ordinance No. 94 - 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 Imp act: The total estimated cost of the road improvement projects identified in the Program Development Report for the North Richmond area, is approximately $5.6 million. The proposed projects however, will only be partially funded by Area of Benefit fees. The Redevelopment Agency has made a commitment to participate financially in the construction of the AOB projects. The remaining amount of the projects not funded by AOB fees or monies from Redevelopment, is estimated to be constructed as frontage improvements as development occurs. Adoption of the Area of Benefit will generate approximately $3.6 million for road improvement projects, when all the fees are collected by the year 2010 target date. The Redevelopment Agency will contribute approximately $675,000. III. Reasons for Recommendations and Background: The North Richmond Area of Benefit is a development program to improve the safety and capacity of the arterial road network in the unincorporated area of North Richmond. The majority of the existing road system consists of narrow roads with deep roadside drainage ditches adjacent to the roadway. In addition, the existing road network has poor circulation patterns which are compounded during the AM and PM peak travel hours. The completion of 5 Formation of the North Richmond Area of Benefit January 11, 1994 Page 3 the Richmond Parkway will significantly increase traffic through the area, further straining the existing road system. III. Reasons for Recommendations and Background: (Cont.) The area suffers from a combination of blighting conditions ranging from the presence of hazardous waste on several potentially "developable" sites, the negative image of the area, competition for economically desirable types of development and an inadequate road infrastructure for current and estimated traffic uses and volumes. The formation of the North Richmond Area of Benefit is an important and urgent tool to improve road infrastructure in the area. 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 approval of a final subdivision map or 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 North Richmond 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. The North Richmond Area of Benefit is currently within the West County Regional Area of Benefit (WCRAOB) formerly established by Ordinance 93/21 on March 9, 1993. It is now proposed to separate the North Richmond area from the area comprising the WCRAOB. The fee schedule, project list, estimated project costs, and potential development for the WCRAOB will be revised when the WCRAOB is updated. The project has been determined to be in compliance with the General Plan. A Negative Declaration of environmental significance pertaining to this project was published October 8, 1993 with no protest, and the Board has considered the negative declaration together with all comments received during the public review period. IV. Consequences of Negative Action: Failure to form the North Richmond Area of Benefit may result in the loss of crucial road funds needed to construct necessary road improvements for the area. Currently the North Richmond Area is part of the West County Regional Area of Benefit, but there are no projects on the existing project list for the North Richmond area. Ordnance No. 94 - 3 North Richmond 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 North Richmond Area of Benefit, and the adoption of fees to be collected from developments proposed in the North Richmond Area of Benefit located in unincorporated Contra Costa County to fund road improvements. 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, 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 North Richmond Area of Benefit, as established by Resolution 94/29 dated Jammy 11'1994 and shall apply to all development within the Area of Benefit: North Richmond Area of Benefit: Land Use Recommended Fee Single Family Residential $ 1,900 per Dwelling Unit Multiple Family Residential $ 1,525 per Dwelling Unit Industrial $ 1.33 per Square Foot Gross Floor Area Commercial $ 4.81 per Square Foot Gross Floor Area Other $ 1,900 per PM peak hour trip The fee shall be payable as specified in Chapter 913-4 of the Contra Costa County Ordinance Code, as modified by Government Code Section 53077.5, with the following exception: Fees from new .residential construction within Agricultural Preserve or Open Space areas in the General Plan shall be collected upon the issuance of a building permit or at the time specked in Government Code section 53077.5(a), as applicable, and not upon recordation of a parcel map or final subdivision map. SECTION V. FEE AREA. The fee area shall include all of the unincorporated area within the North Richmond 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 North Richmond Area of Benefit as established by Resolution No. 94/29 adopted. .11, 1994 are described in Exhibit A attached to this ordinance. -1- 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 is to generate funds to finance improvements to certain bridges and major thoroughfares in the North Richmond 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 North Richmond 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 North Richmond 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 West 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 January 11, 1994 , 1994 by the following vote: AYES: Supervisors Smith, Bishop, McPeak, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None Attest: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: D7Aiz.� ► Deputy Board Chair Nw/MT:nw:rbt QNRA08ORD.t12 Attachments -2- i` EXHIBIT A Real property in the unincorporated area of Horth Richmond. California. Document and map references are to records of Contra Costa County. Beginning at the intersection of the south line of Chesley Avenue (Road No. 25; with the east line of Southern Pacific Railroad right of way, shown on Map of Wall's Second Addition to the City of Richmond filed March 2. 1912 in Map Hook 6 at page 140; thence along the south line of Chesley Avenue, South 890 Su' West 2.588.6 feet, to the centerline of York Street (6 M 140); thence along said centerline. South 000 04' East 100 feet, to the easterly prolongation of the north line of Lot 15 (6 M 140); thence along said prolongation and north line. South 890 56' West 125 feet, to the northwest corner; thence along the crest line of Lot 15 and its southerly prolonga- tion, South 000 04' East 125 feet, to the centerline of Gertrude Avenue (6 M 140); thence along said centerline. Korth 890 56' East 12S feet, to the centerline of York Street; thence along the centerline of York Street, South 000 04' East 1.310 feet, to the easterly prolongation of the north line of Slack 2. Map of the Andrade-Gularte Tract filed in Map Book 7 at page 175; thence along said prolongation. north line, and westerly prolongation, North 890 45' West 970.9 feet, to the northwest corner of Block 1 (7 K 175) being 1 a point an the south line of City of Richmond PARCEL THREE recorded April 21. 1978 in Volume 8803 at page 828; thence along the boundary of said City parcel. Horth 880 51' 40' West 5.10 feet and North 120 51' 10' East 21 fet to the southwest corner :i of Lot 18, Block 237, Wall's Second-Addition ?6 A 140); thence along the boundary of said Addition. North 110 45' 50' East 7.65 feet, North 600 34' East 196.92 feet. North 130 .02' 10' East 1.006.29 feet. North 540 East 224.4 feet. and North 010 45' West 98.16 feet, t0 the north line of Gertrude Avenue; thence along said north line. North 880 54' 410 - West 2.293.06 feet, to the southwest corner of Chevron U.S.A. Inc. (formerly known as Standard Oil Co. of California) parcel recorded April 26. 1961 in Volume 3854 at page 360; thence along the west line thereof. Horth 854.07 feet, to the northwest corner; thence along the north line thereof and its easterly prolongation, North 860 25' East 620 feet, more or less, to an angle point in the east line of Edward J. Hegarty PARCEL ONE recorded March 26. 1962 in Volume 4083 at page 364; thence along the east line thereof. North 000 01' 24' West 171.94 feet, to the south line of Golden State Sanwa Sank parcel recorded June 18, 1985 in Volume 12365 at page 62; thence along said south line, South 890 45' West 72.22 feet to the south- west corner; thence along the west line thereof and its northerly prolonga- tion. North 1.214.4 feet, to the south line of Garden Tract Road granted to Contra Costa County and recorded September 28. 1956 in Volume 2852 at page 423; thence along said south line. West 30 feet, to the southwest corner; thence along the west line of Garden Tract Road. North 000 11' East 1.937 feet, to the southeast corner of West Contra Costa Sanitary District parcel recorded July 17. 1953 in Yolume 2162 at pase 82; thence along the boundary thereof. West 580.70 fest and North 733 feet, to the south line of Section 35, Township 2 North, Range 5 West. Mount Diablo Base and Meridian; thence 1 • Korth 60 feet; thence west 3,300 feet to the vest line of Section 35; thence West 1.770 feet, more or less, to a point on the boundary of State of California parcel recorded April 30. 1981 as EXHIBIT C in Volame 10304 at - page 217; thence along said boundary the following courses: North 1210 S2' 08' West 132.38 feet. North loo 48' S8' East 329.01 feet, North 310 01'' 19' Fast 94.34 feet, North 760 42' 32' East 195.26 feet, South 880 02' S7' East 48S.64 feet, South 850 41' 40' East 910.51 feet. South 890 Z7' 21' East 375.13 feet. North 410 37' S1' East 135.88 feet, and North 646.04 feet; thence East 4.370 feet, more or less, to the most western corner of State of California parcel recorded July 18. 1978 in Volume 8928 at page 164; thence .along the boundary of said State parcel. North 640 30' East 10S feet more or less, North 330 00' East 290.4 feet, north 030 East 99 feet. and North 630 30' East 58.74 feet. to the north line thereof. being also the south line of Subaivision 5754 filed June 18. 19aZ in Map Book 264 at page 36; thence -along said south line and its easterly prolongation. South 890 01' 12' East 2,007 feet, to the east line of 6aodriek Avenue (264 M 36); thence along said east line. South 010 02' 18' Most 704.96 feet, to the northwest corner of Minor Subdivision 758-84 filed August 24. 1984 in Parcel Map Book 111 at page 30; thence South 840 48' 42' East 25.07 feet to the northwest corner of PARCEL 0 (111 PH 30); thence along the west lines of PARCEL 0 and PARCEL C till PM 30), South 010 02' 18' Best 618.81 feet, to a tangent curve, concave to the northeast with a radius' of 50 feet; thence along the arc of said curve. Southeasterly 90.12 feet, thru a central angle of 1030 16' 200, to a point of reverse curvature (a radial to said point bears North 120 14' -02' West 1.040 feet); thence along the arc of-said reverse curve. being also the north line of Parr Boulevard, Easterly 607.91 feet, thru a central angle of 320 29' 280, to the southeast corner of PARCEL 8 (111 PH 30); thence along the east line of PARCEL B. North 050 11' 18' East 647.61 feet, to the northeast corner thereof. being also the Bost southeastern corner of PARCEL A filed January 24, 1973 in Parcel Map Book 26 at page 12; thence along the east line of PARCEL A. Korth 040 06' 30' East 1.071.OS feet, to the south- west corner of PARCEL C filed October 3. 1984 in Parcel Map Book 112 at page- 17; thence along the west line of PARCEL C. North 040 06' 30' East 203.78 page- .17; the northwest corner; thence along -the north line of PARCEL C and Its easterly prolongation. South, 850 53' 30' East 1.230 feet. more or less, to the east line of Southern Pacific Railroad 125 feet wide right of way; thence along said east line. Southerly 2.245 feet, wore or less, to the north line of Parr Boulevard; thence Southerly 82 feet, more or less, to the south line of Parr Boulevard at its Intersection with the east line of Southern Pacific Railroad 100 feet wide right of way; thence along said east fine. Southerly 2.300 feet, more, or less, to the northwest corner of ` Southern. Pacific Railroad Company parcel 872-7-9E Pcl 15; thence along the boundary thereof the following courses: South 670 15' East 23.1 feet. South 480 30' East 52.8 feet. South 710 .45' East 37.6 feet. South 030 45' Hest 609.14 feet. North 860 IS' West 16.S feet. South 030 45' West 537 feet. and North 890 57' West 100 feet, to the east line of Southern Pacific Railroad 100 feet wide right of way; thence along said east line. South 040 06' 10' West 630 feet and South 030 4S' West 501 feet. wore or less, to the point of beginning. Excepting therefrom all of 8.43 acre City of Richmond parcel recorded August 4. 1972 In Volume 6717 at page 145. 2