HomeMy WebLinkAboutMINUTES - 11021999 - SD7 Contra
�* Costa
TO: BOARD OF SUPERVISORS County
FROM: DENNIS M BARRY, AICP
COMMUNITY DEVELOPMENT DIRECTOR
DATE: NOVEMBER 2, '1999
SUBJECT: TRI-VALLEY TRANSPORTATION COUNCIL (TVTC) TRANSPORTATION
DEVELOPMENT FEE AMENDMENT (CP#99 92)
RESOLUTION NO. 99/ 5 7 2
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION$
1. INTRODUCE AND WAIVE READING of the proposed Ordinance
( Exhibit "A") to amend Ordinance 98-35 to reduce a fee category of the Tri-
Valley Transportation Development Fee (TVTDF).
2. OPEN the public hearing on the ordinance.
3. CLOSE the public hearing and consider the following actions:
a. DETERMINE that the project is not subject to California Environmental
Quality Act pursuant to Article 5, Section 15061(b)(1)CEQA guidelines;
b. ADOPT the attached ordinance (Exhibit "A„), which reduces a fee
category of the TVTDF, set November 2, 1999 as date of adoption;
C. DETERMINE that a majority protest does not exist;
d. DIRECT the Community Development Director to file Notice of
Exemption with County Clerk;
GGRTINON ATTACHMENT: ,�C �YES SIGNATURE t
�_Fai"-L4
f
_RECOMMENDATION OF COUNTY ADMINISTRATOR—RECOMMENDATION OF BOARD COMMITTE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED3TH
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE
SHOWN.
Contact: Daniel Pulon, CDD (925/335-1241) ATTESTED `
cc: Community Development Department(CDD) PHIL BATCHELOR, Cl RK OF
Martin Lysons, Public Works THE BOARD OF SUPERVISORS
Millie Greenberg, NTC Chair AND COUNTY ADMINISTRATOR
County Counsel �,�° �� ��,�
Frank Escudero, PWD BY �= , DEPUTY
Carlos Baltodan, BID
RESOLUTION NO. 991572
TVTC TRANSPORTATION DEVELOPMENT FEE AMENDMENT
NOVEMBER 2, 1999
Page 2
RECO 1AMENDABONS ( ONTINUED)
e. DIRECT the Public Works Director to arrange for payment of the $25 handling
fee to the Clerk of the Board for filing the Notice of Exemption; and
f. DIRECT the Clerk of the Board of Supervisors to cause the Ordinance to be
published, as required by Government Code Section 25124.
FISCALI�13 PACT'
NONE. The fee reduction will have no financial impact on the General Fund. The
funds collected will be deposited in an existing trust account', to fund specific
transportation projects in the TVDF Area.
BACKGROUND/REASONS F TI
The Tri-Valley Transportation Council (TVTC), comprising seven (7) elected city and
county representatives in the Tri-Valley area of Contra Costa and Alameda Counties,
has been engaged in transportation planning efforts, over the last several years. The
Board of Supervisors approved the TVTC Action Plan/Transportation Plan,which the
TVTC adopted in July 1995. This document identified eleven (11) transportation
projects needed to accommodate year 2010 projected growth in the Tri-Valley area.
These transportation projects were the basis of the TVTC Nexus Study for a
development impact fee in the Tri-Valley Area. The Board of Supervisors previously
accepted the Nexus Study, on file with the Clerk of the Board, which served as the
basis for a proposed Tri-Valley Transportation Development Fee. On October 29,
1997, the TVTC agreed to transmit to each TVTC jurisdiction a resolution of
Principles of Agreement for Adoption of the Tri- Valley Transportation Development
Pee. Upon unanimous approval from the TVTC jurisdictions, this document became
the framework for a Joint Exercise of Powers of Agreement to enact a development
impact fee program in the Tri-Valley Area. The Board of Supervisors approved the
fee program on November 4, 1997 by Resolution No. 97/£15. Having received
unanimous approval from the TVTC jurisdictions for the flee program, the TVTC
developed the Joint Exercise Powers of Agreement (JEPA) to create a Tri-Valley
Transportation Development Fee. At an August 11,1998 hearing, the Board of
Supervisors approved the JEPA and adopted Ordinance No. 98-35 to enact the
following Tri-Valley Development Fee (TVTDF), annually increased to account for
inflation:
AANC? USE CATEQQRIES MQF PER UNIT
Single Family residential $1,515 Dwelling Unit
Multi-Family Residential $1,060 Dwelling Unit
Retail $1.01 Sq. Ft
Office $1.01 Sq. Ft.
Industrial $0.75 Sq. Ft.
Other Uses $1,515 Average AM/PM Peak. Hour Trip*
*(TVTC? Fees for other uses not listed shall be based upon the average AM/PM peak hour trip
generation, as estimated by the most recent edition of the ITE Trip Generation Manual),
RESOLUTION NO. 99/572
TVTC TRANSPORTATION DEVELOPMENT FEE AMENDMENT
NOVEMBER 2, 1999
Page 3
BACKGRO NDIREASONS FOR RECOl1t MENDATIONS(COMI NUED)
In August 1999, the TVTC approved the fee reduction for the " Other Uses" of the
Land Use Categories from $1515 per trip to $606 per trip (actually $1541 to $616 to
account for inflation) because the TVTC determined that the high fee was
inequitable. The TVTC proportionately reduced the fee for the`'Other Uses" category
relative to the fees of the Single Family Residential, Multi-Family Residential, Retail,
Office, and Industrial land use categories.
Public Notice
Government Code Section 66484 and Division 913, Title 9 of the Contra Costa
Ordinance Code provide for assessing and collecting fees for development and
construction of bridges and/or major thoroughfares within a designated area of
benefit and as a condition of issuing a building permit. The Community Development
and Public Works Departments have completed a Development Program Report for
the TVTD Fee Area, which is on file with the Clerk of the Board. Notice of the
hearing was duly given in accordance with Government Code Sections 65091 and
66484.
CONSEQUENCES OF NEGATIVE ACTION
Failure to enact the amending ordinance would leave intact the original fee schedule
for land use developments in the Tri-Valley Transportation Development Fee Area.
The County could continue to collect from developers $1515 per average am/pm
peak hour trip for developments categorized in the "Other Uses," while other Tri-
Valley jurisdictions collect the reduced fee.
C:%wp511tvtc12feeamend.bo
RESOLUTION NO. 991572
EXHIBIT A
ORDINANCE NO. 99- 5 2
(Tri-Valley Transportation Development Fee Area)
The Contra Costa County Board of Supervisors ordains as follows:
SECTI N6i. SUMMARY. This ordinance amends Ordinance No. 98-35 by decreasing the fee
applicable to Other Uses.
SECTION II. The fee for Other Uses set forth in Section IV of Ordinance No. 98-35 is amended
to read:
Land Use Fee
Other Uses: $616 per average am/pm peak hour trip
SECTION III. Except for the change made above, all other provisions and fees of Ordinance No.
98-35 shall continue in full force and effect.
SECTION IV. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage.
Within 15 days of passage, this ordinance shall be published once with the names of supervisors
voting for and against it in the Contra Costa Times, a newspaper published in this County.
PASSED on November 2 , 1999,by the following vote:
A'C'ES: SUEPRVISOR'; GIQIA, UILKEMA, OESAULNIER and CANCIAMILLA
NOES: NONE
ABSENT: SUPERVISOR GERBER
ABSTAIN: NONE
ATTEST: PHIL BATCHELOR, Clerk of the
Board of Supervisors and County
Administrator
r
/Z
Deputy s ,Board of Supervisors
ORDINANCE NO. 99- 52