HomeMy WebLinkAboutORDINANCES - 12201994 - 94-80 1-I .
Ordinance No. 94 - 80
Oakley Median Island Fee Area
The Board of Supervisors of Contra Costa County ordains as follows:
SECTION I. SUMMARY. This ordinance provides for the formation of the Oakley Median Island Fee,
and the adoption of fees to be collected from developments proposed in the Oakley Median Island Fee
Area located in unincorporated Contra Costa County to fund road improvements.
SECTION Il. 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 111. 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 median island improvements are adopted
for the Oakley Median Island Fee Area, as established by Resolution 94,;/637 dated December, 1994
and shall apply to all development within the Fee Area:
Land Use Recommended Fee
Single Family Residential $254 per Dwelling Unit
Multi Family Residential $203 per Dwelling Unit
Commercial $0.48 per SF
Office $0.41 per SF
Industrial $0.28 per SF
Other $254 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 Oakley
Median Island Fee Area 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 Oakley Median Island Fee Area as established by Resolution No. 941637
adopted December 20, 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
is to generate funds to finance improvements to certain major thoroughfares in the Oakley area. The
fees will be used to finance the median island 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 major thoroughfares in the Oakley area, thus creating a need to expand, extend
or improve the existing 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 Oakley Median Island Fee Area 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 Daily Ledger, a newspaper of general circulation published in the Oakley area.
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 December 20, 1994 , 1994 by the following vote:
AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers
NOES: None
ABSENT: None
ABSTAIN: None
Attest: Phil Batchelor, Clerk of
the Board of Supervisors and County
Administrator
By: �iatX e.� ��dLaiti
Deputy Board Chair
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Attachments
Boundary Description
Oakley Median Islarid'Fee Area,
Oakley
EXHIBIT A
Real property in the Oakley area of Contra Costa County, California, bounded on the north by the
north bank of Big Break, bounded on the east by Sellers Avenue, bounded on the south by Delta
Road and Neroly Road, bounded on the southwest by Southern Pacific Railroad, bounded on the
west by State Freeway Route 4 and State Highway Route 160, and described as follows:
Beginning at the southeast comer of Section 31, Township 2 North, Range 3 East, Mount Diablo
Meridian, being a street monument marking the centerline intersection of Sellers Avenue and Delta
Road;thence from the Point of Beginning, along the south line of said Section 31 and the south lines
of.Sections 36 and 35 (T2N, R2E), westerly 15,022.69 feet, to the northeast right of way line of
Southern Pacific Railroad; thence along said railroad right of way in a general northwesterly direction
11,665 feet, more or less, to the east right of way line of State Freeway Route 4; thence along said
east line in a general northerly direction 4,850 feet, more or less, to the highway interchange at the
south line of the north half of Section 21 (T2N, R2E);thence along said south line, westerly 220 feet,
more or less, to the southern prolongation of the east right of way line of State Highway Route 160;
thence along said prolongation and east line, in a general northerly direction 3,500 feet, more or less,
to the northeast comer of that parcel described in the deed to Robert W. Wiley et al. recorded
February 14, 1991 in Volume 16401 of Official Records at page 50; thence crossing Bridgehead
Road, easterly 60 feet, to the east right of way line thereof, thence along said east line, northerly
1,300 feet, more or less, to the south comer of that parcel described in the deed to the State of
California Department of Fish and Game recorded December 11, 1970 in Volume 6273 of Official
Records at page 310; thence along the east line thereof, north 11'43'24" east 723.47 feet and north
0°46'30"east 58 feet, to the north line of those parcels described in the deed to TAPJM, a California
Limited Partnership, recorded December 8, 1993 in Volume 19244 of Official Records at page 912;
thence along said north line, easterly 400 feet, to the west line of that 15.15 acre PARCEL ONE
described in EXHIBIT"B"the deed to Christian A. Lauritzen III recorded August 25, 1989 in Volume
15292 of Official Records at page 943; thence along said west line, northerly 70 feet, more or less,
to the north line thereof; thence along said north line, easterly 80.6 feet and easterly 523.32 feet, to
the northeast comer of said PARCEL ONE; thence southeasterly 4,850 feet, more or less, to the
southeast comer of Section 15 (T2N, R2E), also being an angle point on the west line of Subdivision
MS 57-84 filed October 18, 1985 in Book 119 of Parcel Maps at page 5; thence along the boundary
thereof as follows: 1) north 0'57'50" east 2,991.62 feet, 2) north 5501T42" east 1,014.1 feet, 3)
north 22°30'32"east 463.96 feet, 4) north 26°08'34"east 645.97 feet, 5) north 83019'50" east 569.18
feet,6)south 85045'27" east 550.19 feet, and 7) south 74°06'38" east 250 feet, more or less, to the
centerline of Section 14 (T2N, R2E); thence along said centerline, northerly 500 feet, more or less,
to the north bank of Big Break; thence along said north bank in a general easterly direction 15,000
feet, more or less, to the northern prolongation of the centerline of Sellers Avenue on the east line
of Section 19 (T2N, R3E); thence along said east line and the east lines Sections 30 and 31 (T2N,
RK), southerly 10,265 feet, more or less, to the Point of Beginning.
Bearings are based on the California Coordinate System Zone III (CCS27).
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