HomeMy WebLinkAboutRESOLUTIONS - 01011997 - 97-3891 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: July 22, 1997
SUBJECT: Revision of the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee
Program, Discovery Bay Area of Benefit, East County Regional Area of Benefit, and the
Oakley/North Brentwood Area of Benefit
Project Number: 0676-6P4075, CP# 97-52
RESOLUTION NO. 971391
SPECIFIC RKQUpT(Sj OR RECOMMUNDATION(11111) & RACKOROUND AND JUSTIFICATION
i. Recommended Action:
A. It is recommended that the Board take the following actions:
1. ADOPT and APPROVE the Addendum for the Development Program Report
pertaining to the Eastern Contra Costa Sub-Regional Transportation~ Mitigation Fee
program.
2. ADOPT and APPROVE the Addendum for the Development Program Report
pertaining to the Discovery Bay Area of Benefit.
3. ADOPT and APPROVE the Addendum for the Development Program Report
pertaining to the East County Regional Area of Benefit.
4. ADOPT and APPROVE the Addendum for the Development Program Report
pertaining to the Oakley/North Brentwood Area of Benefit.
5. DETERMINE that the four activities are not subject to the California Environmental
Quality Act pursuant to Article 5, Section 15061 (b)(3) RFQA guidelines.
Continued on Attachment:X SIGNATURE:
_RECOMMENDATION of COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
—APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON J u i Y Z Z , APPROVED AS RECOMMENDED x OTHER
VOTE OF SUPERVISORS
_ UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
NW:nw:eh
g:ltranseng\bo97te\AOBrev1.wpd I hereby Certify that thin It a flue and COTMd COPY at
an acdian tak and enured an the mlnutse of the
06g. Div: Public Works(TE) Board of 8u av an the chins whom
Contact: Nancy Wein,Tel. 313-2275 ArrEst'I:o: i�4 R�
cc: Auditor/Controller PHIL 6*of the act
Community Development/G. Slusher Of su and �nlatratar
Treasurer/Tax Collector
Public Works Accounting
Public Works Design/J. l=ratfini
Revision of the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee
Program, Discovery Bay Area of Benefit, East County Regional Area of Benefit, and the
Oakley/North Brentwood Area of Benefit
July 22, 1997
Page 2
1. Recommended Actlign: (Continued)
f. DIRECT the Director of Community Development to file a Notice of Exemption with
the County Clerk.
7. DIRECT the Public Works Director to arrange for the payment of the $25.00
handling fee to the County Clerk for the filing of the Notice of Exemption.
6. DETERMINE that a majority protest does not exist.
9. ENACT the attached regular ordinances adopting revised fees for the Discovery
Bay Area of Benefit, East County Regional Area of Benefit, and Oakley/North
Brentwood Area of Benefit; ENACT the attached regular ordinance and urgency
ordinance adopting revised fees for the Eastern Contra Costa Sub-Regional
Transportation mitigation Fee Area of Benefit.
10. DIRECT the Director of Public Works and Auditor/Controller to continue the trust
fund for the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee and
that the Treasurer shall continue to invest said monies with interest to accrue in the
trust fund account.
11. DIRECT the Public Works Department and Department of Community Development
to continue to review the fee schedules for the Eastern Contra Costa Sub-Regional
Transportation Mitigation Fee Program and the Discovery Bay and East County
Regional Areas of Benefit every January 1 the respective fee schedules are in
effect, and to adjust for the effects of inflation as described in the attached
ordinances. The adjustment for inflation is not subject to CEQA.
12. DIRECT the Public Works Department and Department of Community Development
to review the fee schedule for the Oakley/North Brentwood Area of Benefit every
January 1 the respective fee schedule 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.
p. Financial Impact:
The revision in the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee Program,
and the Discovery Bay, East County Regional and the Oakley/North Brentwood Areas of Benefit
will have no impact on the General Fund. The funds collected will continue to be deposited in a
trust fund account specific to the improvements to be funded by the respective fee programs.
III. Reasons for Recommendations and Backaround:
Eastem Contra Costa Sub-Regional Mitigation Fee Program
On April 19, 1994 the Board of Supervisors adopted Resolution 94-45 approving the Eastern
Contra Costa Sub-Regional Mitigation Fee Program. On July 26, 1994 the fee program was
revised to minimize the impact on developers during the slow economic period that existed at the
time. The Board adopted Ordinance No. 94-54 which included a phasing schedule for all
residential land use categories to allow developments to adjust and plan for the increase in the
fee. A base fee was established for single and multi family housing that increased over a period
of three years to a maximum amount. The fees for commercial, office and industrial land uses
remain the same (i.e. were not phased). A key element of the phased schedule was that the fee
should be increased at the end of the three year period to make the program "whole". That is, it
was planned that the fee would be revised after July 26, 1997 to recoup revenue lost during the
three year period in which the fee was phased.
Revision of the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee
Program, Discovery Bay Area of Benefit, East County Regional Area of Benefit, and the
Oakley/North Brentwood Area of Benefit
July 22, 1997
Page 3
111. Reasons for Recommendations and Background: (Continued)
The revision in the Fee Program will allow for the recovery of revenues lost during the three year
period. On June 12, 1997 the East Contra Costa Regional Fee and Financing Authority
determined that a fee of$4,879 per single family residential unit should be the final increment in
the fee to make the program whole. The rate for multiple family homes will continue to be 80%
of the single family rate. It was recommended that the fee schedule be imposed for a period of
ten years. If during that period significant federal or state transportation monies are made
available to the program, then the period of recoupment should be extended. Calculations of the
revenue lost were made from data provided by the Cities of Brentwood and Antioch as well as the
County on building permits issued. The total shortfall from the 1994/95 fiscal year to 1996/97
fiscal year is approximately $5.4 million. The proposed fee has been adjusted slightly to include
the cost of County staff time to administer the fee area, estimated at 1/2%.
The Public Works Director and Director or Community Development have completed an
Addendum to the Revised Development Program Report for the Eastern Contra Costa Sub-
Regional Mitigation Fee Program, which was filed with the Clerk of the Board. Notice of the
hearing was duly given in accordance with Government Code Sections 65091, 66017(a) and
66484.
The revision in the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee has been
determined to be in compliance with the General Plans of the Cities of Antioch, Brentwood and
Pittsburg, and Contra Costa County and is exempt from CEQA because it is not a project as
defined in CEQA guidelines Section 15378.
Discovery Bay, East County Regional and OakleyhVorth Brentwood Areas of Benefit
The Discovery Bay Area of Benefit was first adopted by the Board of Supervisors on September
18,1979 to improve the safety and capacity of State Route 4 in the vicinity of Discovery Bay, The
East County Regional Area of Benefit (formerly a part of the Countywide Area of Benefit) was first
adopted by the Board of Supervisors on March 15, 1988 and the Oakley/North Brentwood Area
of Benefit adopted by the Board of Supervisors on February 12, 1985 to improve the safety and
capacity of the arterial road network in these areas.
In 1987 the State Route 4 Bypass (formerly called Delta Expressway)was added to the Discovery
Bay Area of Benefit and a separate trust fund established for its construction. The State Route
4 Bypass was also added to the East County Regional Area of Benefit and the Oakley/North
Brentwood Area of Benefit in 1988 and 1990, respectively. This resulted in the fee being
comprised of two parts, one to fund the construction of the State Route 4 Bypass and the other
for local road improvements. We are proposing to remove the portion of the Area of Benefit fee
specifically designated for the State Route Bypass entirely from the fee schedule for the
Discovery Bay, East County Regional and Oakley/North Brentwood Areas of Benefit. This will
eliminate the current expenditure of staff time and monies to administer these Areas of Benefit
due to the regional component of the respective fee program. Residential developments in these
Areas of Benefit will continue to contribute to the State Route 4 Bypass project through the East
Contra Costa Sub-Regional Transportation Mitigation Fee program described above.
The Public Works Director and the Director of Community Development have completed Addenda
to the Revised Development Program Reports for the Discovery Bay Area of Benefit, the East
County Regional Area of Benefit and the Oakley/North Brentwood Area of Benefit, which were
filed with the Clerk of the Board. Notice of the hearing was duly given in accordance with
Government Code Sections 65091, 66017(a) and 66484.
The revisions in the Discovery Bay Area of Benefit, the East County Regional Area of Benefit and
the Oakley/North Brentwood Area of Benefit have been determined to be in compliance with the
Contra Costa County General Plan and are exempt from CEQA because they are not a projects
as defined in CEQA guidelines Section 15378.
Revision of the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee
Program, Discovery Bay Area of Benefit, East County Regional Area of Benefit, and the
Oakley/North Brentwood Area of Benefit
July 22, 1997
Page 4
IV. Comer eauences rNe�aat_i�ve, Action:
Failure to approve the revision in the Eastern Contra Costa Sub-Regional Transportation
Mitigation Fee will result in significant funding shortfalls for the three projects contained in that
fee program. This would delay the construction of the facilities for many years until another
funding source is secured.
Failure to approve the revision in the Discovery Bay, East County Regional Area of Benefit and
the Oakley/North Brentwood will result in the continued expenditure of time and monies in
additional staff time to administer these Areas of Benefit due to the regional components of each
respective fee program.
CONTRA COSTA Co Recorder's Office
. Recording Requested by: STEPHEN L. WEIR, County Recorder
Contra Costs Cf�►i�ity DOC - 9'7--02.40393-00
Wednesday, AUG 06, 1997 11:04:56
Return To: FRE $0.00
11
Ttl Pd $0.00 Nbr-0000130078
board of fterviBms
lrc JR9
651 Pias 3t., noom 106
etc, Cd 96553
wont Title(a)
ORDINANCE 97--32 REVISION OF FEES FOR OAKLEY/N0RTH BRENTWOOD
AREA OF BENEFIT
.-.�f. " � '1.!���.� ' x.•1'1*. -1.`
projects that are subject to the fees in that the development projects will generate additional traffic on
bridges and major thoroughfares in the East County 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 V1Il. SEVERABILrTY, If any fee or provisions of this ordinance is held invalid or unenforceable
by a court of oompetent 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 every year that this ordinance
Is in effect. The fee schedule shall be adjusted annually on January i to account for Inflation using the
Engineering News Record Contex tion Cost Index Such ad}u "if not require further notice or public
gearing.
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 LsdW Mspatdr. a newspaper of general circulation and published in this County. Pursuant to Section
913-6.026 of the Contra Costa County Ordinance Code, the Cierk of the Board shall promptly file a certified
copy of this ordinance with County Recorder.
SECTION A. EXISTINQ FEE. The replacement of Ordinance No. 90-10 shall not affect any fees accrued
thereunder prior to February 6, 1990, and such fees shall remain subject to payment and collection. Final
residential subdivision maps approved prior to September 15, 1987 that have not expired or reverted to
acreage shelf be subject to the fees established by Ordinance No. 9D-10, rather than those established by
this ordinance.
PASSED and ADOPTED on July 22_,_ _1997.---- by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla and DeSaulnier
NOES: None
ASSENT: None
ABSTAIN: None
ATTEST: Phil Batchelor, Clerk of the
SAM a unty inistrator
Mt.:.n Deputy Board Chair
7*WWD dW.wpd
-2,
ORDINANCE 97- 32
Exhibit "A'+
,Commending a the point of intersection of the westerly S.P.R.R. right
of way line with the north boundary of the E. B.M.U.D. Mokelumne
aqueduct; thence due east along said boundary, 6000 Beet, more or less,
to the easterly right of way line of Highway 4 ; thence due north along
said right of way line, 2800 feet, more or less, to the Brentwood City
limit line; thence along said city limit Sine, 3000 feet, more or less,
to the Marsh Creek Flood Control Channel; thence in a general south
westerly direction along said channel, 2000 feet, more or less, to the
Brentwood City limit line; thence duct west along said city limit line,
500 feet, more or less, to the easterly right of way line of Highway 4
thence due south along said right of way line, 500 feet, more or less,
to the northerly right of way line of Sunset Road; thence in a general
north easterly direction along said right of way line, 2200 feet, more
or less, to the east property line of parcel #018--190-023; thence due
north along said property line, 1300 feet, more or lens, to the north
right of way line of the Marsh Creek Flood Control Channel; thence in a
general north easterly direction along said channel right of way line,
.5600 feet, more or less, to the southerly right of way line of Delta
Road; thence due east along said right of way line, 1600 feet, more or
lees, to the .easterly right of way line of Sellers Avenue; thence due
north along said right of way line 11500 feet, more or less, to the
northerly right of way line of the Contra Costa Canal., thence
continuing in a northerly direction, 5000 feet, more or less, to the
coast line of the San Joaquin Rivera thence in a general westerly
direction along said coast line, 35000 feet,more or less, tot he
easterly right of way line of Highway 160; thence in a general south
easterly direction along said right of way line, 5500 feet, more or
lease to State Highway 4 ; thence westerly along the northerly right of
way line of the victory Highway 800 feet, more or less, tot he westerly
right of way line of Highway 4; thence in a general south easterly
direction along said right of way line 800 feet, more or less, tp the
angle paint in said right of way line; thence easterly 400 feet,more or
lees, to the easterly right of way line of Highway 4 ; thence in a
general south westerly direction along said right of way line 4000
feet, more or less, to the southerly right of way line of S.P.R.R. ;
thence along said right of way line in a south easterly direction, 1000
feet, more or less .to the easterly property line of parcel no. 052--061.-
Oo7 ; thence due south along said property line, 2550 feet, more or
less, to the right' of way line of the Contra Costa Canal ; thence along
said city limit line due south, 2200 feet, more or less, to the
easterly -property line of parcel. no. 053-052-004 ; thence due south
along said property line, 2700 feet, =ore or leas, to the intersection
of the Antioch City limit line and the northerly property line of
parcel no. 054 -230-027; thence due east along said property line, 5900
feet, more or less, to the intersection of the easterly right of way
line of Empire Road and the northerly property line of parcel no. 054-
240-001 ; thence Niue east along said right of way line, 65 feet, more or
less, to the south westerly right of way line of the S.P.R.R. ; thence
in s general south easterly direction along said right of way line,
7000 feet, more or less, to the E.B.M.U.D.-Mokelumne Aqueduct.
CONTRA COSTA Co Recorder's Office
Recording Requested by: STEPHEN L. WEIR, County Recorder
Contra Costa county DOC - 97--0140392-00
Wednesday, AUG 06, 1997 11:04.50
Return To: FRE $0.0011
Ttl Pd $0.00 Nbr-0000130077
Dowd of 8tWerviow o lrc /R9
651 Pine St., Roca 106
Nb tlnp-v, CA 94553
Document Title(s)
ORDINANCE NO. 97-31 REVISION OF THE FEES FOR THE EAST COUNTY REGIONAL
AREA OF BENEFIT
ORDINANCE NO.97 . 31
Revision of the Fees for the East County Regional Area of Benefit
The Board of Supervisors of Contra Costa County ordains as follows:
SE,OON 1. SUbd } . This ordinance provides for the revision of fees collected within
the East County Area of Benefit to delete that portion previously allocated to the State
Route 4 Bypass which will now be solely funded by the Eastern Contra Costa Sub-
Regional Transportation Mitigation Fee.
SECTION 11. REPLACEMENT. Ordinance No. 9324 shall be repealed and replaced by
this ordinance.
SECTION Ill. A,.,UTHORITY. This ordinance Is enacted, in part, pursuant to Government
Code Section 66484 and division 913, Tittle 9, of the Contra Costa County Ordinance
Code.
SECTION N. NOTICE ANb HEARINQ. This ordinance was adopted pursuant to the
procedure set forth in Government Code Sections 65MI, 66017(a), and 86484 and
Division 913, Title 9, of the Contra Costs County Ordinance Code, and all required notices
have been properly given and public hearing held
,SECTION V. FEETION. The following revised fees are adopted for the East
County Regional Area of Benefit to fund bridge and major thoroughfare improvements, as
described in the Revised Development Program Report and in the Addendum to said
Report dated July 22, 1997, and shall be levied and collected from all development
pursuant to the above authorities:
Lal3d Use Recommended Fee
Single Family Residential $1,649 per Dwelling Unit
Multiple Family Residential $1,320 per Dwelling Unit
Office S 4.13 per Square Foot Gross Floor Area
Industrial $2.64 per Square Foot Gross Floor Area
Commercial $ 1.16 per Square Foot Gross Floor Area
The fee shall be payable when building permits are issued as specified in Chapter 913-
4.204
134.244 of Title 9 of the Contra Costa County Ordinance Code.
.SECTION VI. FEE AREA The fee area shall inckide all of unincorporated area within the
East County Area of Benefit with the Following exception:
ORDINANCE No. 97. 31
1. Properties located within the Oakley/North Brentwood Area of Benefit; and
2. Properties located within the Discovery Bay Area of Benefit, and
3. Properties located within the West Pittsburg Area of Benefit, and
4. Any development required under conditions of approval to construct certain
off-site road improvements In lieu of fee payment.
The boundaries of the East County Regional Area of Benefit are shown In Exhibit A,
attached to this ordinance. More detailed maps of the boundaries are on file with the
Department of Public Works, 255 Glacier Drive, Martinez, California.
SECTIQN Vil. 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 to
waive the fees provided for this ordinance.
,SECTION VIII. PURPOSE AND USE OF PEES. The purpose of the fees described in this
ordinance is to gate funds to finance improvements to certain bridges and major
thoroughfares in the East County area. The fees will be used to finance the road
Improvements listed in the Revised Development Program Report and in the Addendum
to said Report dated July 22, 1997. 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 East County arse,,thus creating a need to expand,
extend or improve"sting 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 IX 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 X. MMEW OF FEES. Project cost estimates shall be reviewed every year that
this ordinance is in effect. The fee schedule shall be adjusted annually on January 1, to
aowurs for inflation using the Engineering News Record Construction Cost Index. Such
adjustment shall not require further notice or public hearing.
SECTION X, EFFECTIVE DATE. This ordinance shalt becorne effective Eat) days after
passage, and within 15 days of passage, shall be published once with the nacres of the
&Pervisors vct ng for and against it in the Contra Costs 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.
_2-
ORDINANCE No. 97-3L
` SECTION XI. EXISTING FEES, The replacement of Ordinance No. 83-24 shall not affect
any fees accrued thereunder prior to the effective date of this ordinances, and such fees
shall remain to Paymrent and collection. Notwithstanding any other provision of this
ordinance, should any fee set forth in Section V be ruled invalid or unenforceable by a
court of competent jurisdiction, the comparable fee in Ordinance No. 83-24 shall be
deemed not to have been repealed and shall remain subod to payment and collection.
PASSED AND ADOPTED on,--.,h,,,, 27. 1997 : 1997 by the Following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: Done
ABSENT: None
ABSTAIN: None
Attest: Phil Batchelor, Clerk of
the Board of Supervisors and County
Administrator
By. �-- ►-
Deputy Board Chair
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Recording Requested By: STEL L.
Contra Costa flaunty DOC - 97--02,40391.--00
Wednesday, AUG 06, 1997 11:04:42
Return To: FRE $0.0011
Ttl Pd X0.00 Nbr-0000130076
Bard of Bs�3eors lrc /R9
651 Pine St., Boom 106
ghwtinarl, CA 94553
Document Titles)
ORDINANCE NO. 97-29 URGENCY MEASURE FOR INTERIM AUTHORIZATION TO
REVISE EASTERN CONTRA COSTA SUB-REGIONAL TRANSPORTATION
MITIGATION FEES
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' Boundary Description
East County Area of Benefit
EXHIBIT "A"
The eastern portion of Contra Costa County, California, bounded on the north,east, and south by
the boundary of said county, and hounded on the wast by the following described One:
I ftirming In Suisun Say on the boundary of Contra Costa County at the northern prolongation of
the west line of Section 5, Township 2 North, Range 1 West, Mount Diablo Meridian; thenar from
the Int of Beginning, along said prolongation and west firms of Sections 5 and 8 (M. RIM,
souffmorly 14X5 feat, more or less, to the west quarter ocs mr of said Section 8; them along the
midsection Brae of Section 8,easterly 5.280.05 feet more or less,to the +scat quarter rimer of said
Section 8,thence along the east lines of Sections 8 and 17 (T2N, RIM,southerly 6,430 feet more
or less, to the southwest corner of PARCEL W of Subdivision MS 8-83 filed January 20. 1984 in
Book 109 at page 10, Parcel Maps of sold county, also being an angle point on the boundary of
*CONCORD NAVAL WEAPONS STATION .ANNEXATION" to the City of Concord certified
November 1, 1865; thence along said annexation boundary as follows: (1) southeasterly 8,670.76
feet to the north line of Section 27 (T2N, RIM, (2) southeasterly 10,641.44 feet} (3) southerly
1,015.62 feet, (4) southerly 9,478.05 feet, and (5) southwesterly 817.33 feet to the south One of
U.S.A. Explosive Safety Zone recorded December 27, 1877 in Volume 8645 at page 1582, Official
Records of said county, and shown on the Record of Survey Nod January S. 1985 In Book 76 at
page 12, licensed Surveyors baps of said county, thence leaving said annexation boundary and
following the boundary of said safety tone (also being the boundary of"BRINTON ANNEXATION"
to the City of Concord certified July 15, 1987) as follows: (1) easterly 1,398.011 feet, (2) easterly
6603.00 feet, (3) northerly 646.64 feet and (4) easterly 659.60 feet, to the west line of Section 1
(TIN, RIM; thence leaving the boundary of said safety tone, along said west tine, southerly 2,582
feet;more or less, to the southeast comer of"BRINTO3N ANNEXATION"on the north right of way
tine of Virker Pass Road (also being the northeast corner of"BERNSTEIN ANNEXATION" to the
City of Concord certified March 28, 1972);thence continuing along the west lint of Section 1 (also
being fa east line of "BERNSTEIN ANNEXATION"), southerly 2,300 feet, more or less, to the
soutt "st comer of said Section 1 on the north 9ne of "OAKHURST COUNTRY CLUB AREA
ANNEXATION-to the City of Clayton cerfli"sed November 30, 1887;thence lesvkV the boundary of
erre City of Concord and following the boundary of Bald City of Clayton annexation as*glows: (1)
4ldong the south the of Section 1.easterly 5.254.46 feet,to the northeast corner of Section 12(T1 N.
#t1"an Mount Diablo Meridian,(2)Siong Said meridian,seoutharty +10.353.95 feel,#o the northeast
scorner of Section 24*(TIN,ft 1". (3) along the TOM line of Section 24.westerly 1.406.17 tenet, to
Ow northeast right of way One of Marsh 'Creek Road shown arc bhe Record of ,Survey fded
September 29, 1W6 in Book 45 of Libensed Sufwyors Maps at page 2,{4)selong sald rlght of way
line in a rm*ral southeasterly+direction 1.5,2'6.21 first to Mount Diablo Meridian.and(5)along Said
meridian,southerly 936.04 feet,to the most southeastern comer of said annexation;#*nos leaving
said annexation boundary, Continuing along said meridian, southerly 72.75 fleet, to the northwest
comer 0f4*OAKWOO D ANNEXATION-to the City of Clayton certified August 16,1990;thence afong
the boundary of "OAKWOOD ANNEXATION" (also ging the boundary of Subdivision 7259
"Oakwood"filed Decoxiber 12, 1990 in Book 35+4 of daps at page 5)as follows: (1)easterly 339.92
1
feet, (2) in a general northeasterly direction 339.14 feet, (3) in a general southerly direction 1518.4:
feet, (4) southwesterly 632.77 feet, and (5) westerly 215.95 feet to the southwest comer o
`OAKWOOD ANNEXATION`on Mount Diablo Wridian;thence leaving said annexation boundary
along said meridian, southerly 13,854.07 feet. to National Geodetic Survey Station"Mount DIablo;-
OWnce along said meridian, southerly 18,840 feet,man or leas. to the southwest come►
of Section 18 (TIS, RIE), thence along the south Ines of Sections 18. 17- 18- 15 and 14 (TIS,
RIE). easterly 28,373 feet, more orless, to the northwest Domerof Secdon 24 (T1S, RIE); thence
Wong the west ting of Sections 24 and 25(T1 S. R1 E). southerly 000 feet, more or less, to the
southwest comer of said Section 25; thence Wong the south line of Section 25(Ti S. RIE)and the
south line of Soetioh 30(T1 S. R2E), easterly 8,575 fent more or less.to the southwest right of way
Ins of Morgan TorrMtory Road shown on the map of Subdir+ision MS 18-86 ailed Fobnaq 28, 1992
in Book 157 of Parcel Maps at page 43;thence along said soult west.line to a genes*southeasterly
dh d3on 6W feet, more or less, to the southwestern prolongation of the northwest gne of
Subdivision MS 31-78 filed December 31. 1980 to Book 91 of Parcel Maps at page 44;thence along
sold prolongation and northwest One. northeasterly 2,255.06 feet„ to the west line of Section 29
(TI S, R2E);thence along said west line.southerly 1,020.02 feet,to the southwest comer of Section
29;'0mr4o along the south lines of Sections 29 and 28 (T1 S' R2E), easterly 10.560 fait, more or
Mss. to the northwest comer of Seton 34. (T1 S. R2E); thence along the west lin of Section 34
(TIS, R2E) and the west lines of Sections 3 and 10 (T2S, R2E). southerly 14, 960 feet, more or
lest;, to the boundary of Contra Costa County.
EXCLUDING THEREFROM:
1. Those'portions lying within the boundaries of incorporated cities.
2. The sphere of influence for the City of Clayton as adopted by the local Agency
Formation Commision and as shown in Exhibit 1-4, page 1-9 of the Clayton General
Plan adopted July 17, 1985.
LH:jlg:rbi
c%x:ECounty.AOB
3/31194
4116194
CONTRA COSTA Co Recorder's Office
Recording Requested By: STEPHEN L. WEIR, County Recorder
Contra Costs county DOC - 97-0:3L40390-00
Wednesday, AUG 06, 1997 11:44:31
Return To: FRE $0.00!
Ttl Pd $0.04 Nbr-0000130075
Board of lrc /R9
651' Plae St., Bo= 106
lbotlmez, C11 "113
Doam*nt Title(a)
ORDINANCE NO. 97-30 REVISION OF EASTERN CONTRA COSTA SUB-REGIONAL
TRANSPORTATION MITIGATION FEES
Ordinance No. 97 -.Q,
(Revision of Eastern Contra Costa Sub-Regional
Transportation Mitigation Fees)
The Board of Supervisors of Contra Costa County ordains as follows:
SECTION 1. SUMM6M, This ordinance provides for the revision of fees to be used for
bridge and major 'thoroughfare improvements within the Eastern Contra Costa Sub-
Regional Transportation Mitigation Area of Benefit.
SECTION 11, REPLACEMENT. Ordinanoe shall be repealed and replooed by this
ordinance.
SECTION III, AUT C►� RtTY. This ordinance Is enacted, In part, pursuant to Government
Code Section 66484 and Division 913, Title 9, of the Contra Costa County Ordinance
Cade.
SECTION_ V. ,NOTICE AND HEARING. This ordinance was adopted pursuant to the
procedure set forth in Government Code Sections 65091, 66017(a) and 66484, and
Division 913, Title g, of the Contra Costa County Ordinanoe Code, and all required notices
have been properly given and public hearings held.
SECTION Y. FEE ADOPTION. The following revised fees are hereby adopted for the
Eastern Contra Costa Sub-Regional Transportation Mitigation Area of Benefit to fund
bridge and major thoroughfare improvements described in the Revised Development
Program Report dated July 26, 1994 and in the Addendum to said Report dated July 22,
1997 on file with the Clerk of the Board, and shall be levied and collected pursuant to the
above authorities:
Eastern Contra Costa Sub-Regional Transportation Mitigation Fees:
Long Use fat
Single Family (SF) Residential $4,903 per dwelling unit
Multi Family Residential W%of SF rate($3923)
Commercial $0.55 per square foot of gross fkxu area
Office $0.57 per square foot of gross ftor area
Industrial $0.30 per square foot of gross floor area
Other $4,903 per peak hour trip
The fee rate for the Bay Point area for single family units and for the'OW category shall
be $1,206. The rate for multiple family units will be W% ($965) of the single family rate.
The Commercial, Office and Industrial land use rates aro the same as shown above.
- 1
Ordinance No. 97- 30
Fees shall be collected when building permits are issued in accordance with Section 913-
4,204 of Title 9 of the Contra Costa County Ordinance Code.
The revised fees payable under this ordinance shall be in addition to fees payable for the
following areas of benefit:
1. Bethel Island Regional Area of Benefit
2. Discovery Bay Area of Benefit
3. Oakley/North Brentwood Area of Benefit.
4. East County Regional Area of Benefit (This area of benefit includes
the East County Sub-area, the PittsburglAntioch Sub-area and the
Marsh Creak Sub-area.)
5. Bay Point Area of Benefit
However, where fees are payable for the Discovery Bay Area of Benefit, Oakley/North
Brentwood Area of Benefit or East County Regional Area of Benefit, the portion thereof
that is allocated to the State Route 4 Bypass shall be credited against the fees payable
under this ordinance, as necessary to avoid double payment for the State Route 4 Bypass.
The following shall be exempt from the fees levied under this ordinance: (1) any
developments required under conditions of approval to construct certain off-site road
improvements in lieu of fee payment to approval of the East Contra Costa Regional
Fee and Financing Authority; and(2) any unimproved subdivision lots for which fees paid
for one of the above areas of benefit (Nos 1-5)were previously paid, prior to August 8,
1994, at the time of map recordation.
SEC ION VI. FEE AREA. The revised fees set forth in this ordinance shall apply to all
property described in Exhibit A attached hereto.
SECTION VII. SENIOR HOUSING. Nothing in this Ordinance shall be construed to
abridge or to modify the Board's discretion, upon proper application for senior housing or
congregate care facilities pursuant to Government Code Section 65915, to adjust or to
waive the fees provided for within this ordinance, in accordance with the Eastern Contra
Costa Regional Fee and Financing Authority policies.
KQ VIII. 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
I Km uOlares in the Eastern Contra Costa Sub-Regional Transportation Mitigation Area
of Benefit. The fees will be used to finance the road Improvements listed in the Revised
Development Program Report dated July 28, 1994 and the Addendum to said Report dated
July 22, 1997. As discussed in more detail in the Report and Addendum, there Is a
vessonable relationship between the fees and the types of development projects that are
subject to the foes In that the development projects will generate additional traffic on
bridges and major hfares in the East County 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.
-2 -
Ordinance No. 97-30
SECTION 16, SEVERABILITY. If any fee or provision of this ordinance Is held invalid or
unefforcuble by a hurt 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 X. REVIEW OF FEES. Project cost estimates shall be reviewed every year that
this ordinance is in effect. The fee schedule shall be adjusted annually on January 1, to
account for inflation using the Engineering News Record Construction Cost Index Such
adjustment shall not require further notice or public hearing.
SECTION XL EFFECTIVE DATE. This ordinance shall become effective W days aper
passage. Within 15 days of passage, this ordinance shall be published once with the
names ofthe Supwvisom voting for and against k in the Brentwood News, Ledger Dispatch,
and the Contra Ckists Times, a newspaper of general circulation published In this County.
Pursuant to Section 913.6.426 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.
SE TION X11, EXISTING FEE. The replacement of Ordinance 94-54 shall not affect any
fees accrued thereunder prior to effective date of this ordinance, and such fees shall
remain subject to payment and collection.
PASSED and ADOPTED on July 22, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla and DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
Attest: Phil Batchelor, Clerk of
the Board of Supervisors and County
Admini or
By: �UtkiPcC
puty Board Chair
7oniWEaM�mZ.wpd
n�
-3 -
I"tr�irtissnno Nn a7- 30
` Boundary Description
Bast County Area Of Benefit
EXHIBIT "A"
The eastern portion of Contra Costa County, California, bounded on the north, east, and south by
the boundary of said county, and bounded on the west by the following described fine:
Beginning in Suisun Bay on the boundary of Contra Costa County at the northern prolongation of
the west line of Section 5, Township 2 North, Range 1 VWest, Mount Diablo Meridian; thence from
Me Point of Beginning, along said prolongation and west fines of Sections 5 and 8 (T2N, RIM,
southerly 14,225 feet, more or less, to the west quarter corner of said Section 8; thence along the
trildsection line of Section 8, easterly 5,280.06 feet, more or less, to the east quarter comer of said
Section 8; thence along the east lines of Sections 8 and 17 (T2N, RIM,southerly 6,430 feet, more
or less, to the southwest comer of PARCEL "A" of Subdivision MS 9-83 filed January 20, 1984 in
Book 109 at page 10, Parcel Maps of said county, also being an angle point on the boundary of
'"CONCORD NAVAL WEAPONS STATION ANNEXATION" to the City of Concord certified
November 1, 1966; thence along said annexation boundary as follows: (1) southeasterly 8,574.76
feet to the north line of Section 27 (T2N, RIM, (2) southeasterly 10,641.44 feet, (3) southerly
3,015.62 feet, (4) southerly 1,478.05 feet, and (5) southwesterly 817.33 feet to the south line of
U.S.A. Explosive Safety Zone recorded December 27, 1977 in Volume 8645 at page 682, Official
Records of said county, and shown on the Record of Survey filed January 8, 1985 in Book 76 at
page 12, Licensed Surveyors Maps of said county; thence leaving said annexation boundary and
following the boundary of said safety zone (also being the boundary of"BRINTON ANNEXATION"
to the City of Concord certified July 15, 1987) as follows: (1) easterly 1,398.01 feet, (2) easterly
650.00)feet, (3) northerly 646.64 feet and (4) easterly 659.60 feet, to the west line of Section 1
(TIN, RIM; thence leaving the boundary of said safety zone, along said west line, southerly 2,582
feet;more or less, to the southeast comer of"BRiNTON ANNEXATION" on the north right of way
fine of Kirker Pass Road (also being the northeast comer of"BERNSTEIN ANNEXATION" to the
City of Concord certified March 29, 1972); thence continuing along the west line of Section I (also
being the east line of '"BERNSTEIN ANNEXATION"), southerly 2,300 feet, more or less, to the
southwest coiner of said Section 1 on the north line of "OAKHURST COUNTRY CLUB AREA
ANNEXATION"to the City of Clayton certified November 30, 1987; thence leaving the boundary of
the City of Concord and following the boundary of said City of Clayton annexation as follows: (I)
along the south line of Section 1, easterly 5,254.46 feet, to the northeast comer of Section 12 (T1 N,
RIM on Mount Diablo Meridian, (2)along said meridian. southerly 10,353.95 feet,to the northeast
Corner of Section 24'(T1N, RIM. (3) along the north line of Section 24, westerly 1,406.17 feet, to
the northeast right of way line of Marsh Creek Road shown on the Record of Survey tiled
September 29, 1966 in Book 45 of Licensed Surveyors Maps at page 2, (4) along said right of way
tine in a general southeasterly direction 1,525.21 feet to Mount Diablo Meridian, and (5) along said
meridian, southerly 936.04 feet,to the most southeastern comer of said annexation; thence leaving
said annexation boundary, continuing along said meridian, southerly 72.75 feet, to the northwest
corner of"OAKWOOD ANNEXATION"to the City of Clayton certified August 16, 1990;thence along
the boundary of 'OAKWOOD ANNEXATION" (also being the boundary of Subdivision 7259
*'Oakwood"fined December 12. 1990 in Book 354 of Maps at pane 5) as follows: (1)easterly 339.82
feet, (2) in a general northeasterly direction 339.14 feet. (3) in a general southerly direction 618.45
feet, (4) southwesterly 532.77 feet, and (5) westerly 215.95 feet to the southwest comer of
'*OAKWOOD ANNEXATION" on Mount Diablo Meridian; thence heaving said annexation boundary,
along said meridian, southerly 13,854.07 Meet, to National Geodetic Survey Station"Mount Diablo;"
thence continuing Tong said meridian, southerly 15,840 feet, more or less, to the southwest comer
of Section 18 (T1 S. R 1 E); thence along the south Ones of Sections 18, 17, 16, 15 and 14 (T1 S.
R1 E). easterly 25,373 feet, more or less, to the northwest vomer of Section 24 (T1 S. RIE); thence
along the west lines of Sections 24 and 25 (T1 S. R 1 E), southerly 10,560 feet, more or less, to the
southwest corner of said Section 25; thence along the south One of Section 25 (T1 S. R 1 E)and the
south One of Section 30 (T1 S, R2E), easterly 8,575 feet, more or less, to the southwest right of way
One of Morgan Territory Road shown on the asap of Subdirvision MS 18-86 filed February 28, 1992
in Book 157 of Parcel Maps at page 43; thence along said southwest line In a general southeasterly
direction 686 feet, more or less, to the southwestern prolongation of the northwest One of
Subdivision MS 31-78 fled December 31, 1980 In Book 91 of Parcel Maps at page 44;thence along
said prolongation and northwest line, northeasterly 2,255.06 feet, to the west One of Section 29
(TI S, R2E); thence along said west One, southerly 1,020.02 feet,to the southwest comer of Section
29., thence atom the south lines of Sections 29 and 28 (T1 S; R2E), easterly 10.560 feet, more or
less, to the northwest comer of Section 34, (TIS, R2E); thence along the west line of Section 34
(TIS, R2E) and the west lines of Sections 3 and 10 (T2S, R2E), southerly 14, 960 feet, more or
less, to the boundary of Contra Costa County.
EXCLUDING THEREFROM:
1. Those portions lying within the boundaries of incorporated cities.
2. The sphere of influence for the City of Clayton as adopted by the Local Agency
Formation Commision and as shown in Exhibit 1-4, page 1-9 of the Clayton General
Plan adopted July 17, 1985.
LH:jlg,rbt
ctex:ECounty.AOB
3/31/94
4118194
CONTRA COSTA Co Recorder's Office
Recording Requested By: STEPHEN L. WEIR, Cbmty Recorder
Contra Coati County D00 -- 97-03-40389-00
Wednesday, AUG 06, 1997 10:55:56
Return To: FRE $0.0011,
Tt2 Pd $0.00 Nbr-01300130074
Dowd of irc IR9
651 Pim St., yom 106
Mort4nez, CA 94553
DOCUN*nt Title(s)
ORDINANCE NO. 97-27 REVISION OF FEES FOR THE DISCOVERY BAY AREA OF BENEFIT
ir ! E • • • • • • ! • • M • •
•
• Z V6 • 2 � r • ! _• _ _ f • si • • • • •
• ! • s i• ! • • • • • i lr •: • •
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iv •• •• Iii' • - •• ; • s - a = !! ! _ f • � " s ..s
dfkvelopment projects that are subject to the fees in that the development projects will generate
additional traffic on bridges and major thoroughfares in the East County 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 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.
SECTION Vlll. REVIEW OF FEES. Project cost estimates shall be reviewed every year that this
ordinance is in effect. The fee schedule shall be ed annually on January 1, to account for inflation
using the Engineering News Record Construction Cost Index, Such adjustment shall not require further
notice or public hearing.
SECTION IX. EFFECTIVE DATE. This ordinance shall become effective BO 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 '`Mapat.ch , a newspaper of general circulation published in this County. Pursuant
to Section 913-6.026 of the Contra Costa County Ordinance Code, the Cleric of the Board shall promptly
file a certified copy of this ordinance with the County Recorder.
.SECTION IX. EXISTING FEE. The replacement of Ordinance No. 92-80 and Resolution No. 92!753
shall not affect any fees accrued thereunder prior to the effective date of this ordinance, and such fees
shall remain subject to payment and collection.
PASSED and ADOPTED on July 22, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla and DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
By CLO, ..' - — w�
puty Board Chair
ML.*.
Wwo decisommy""
�nmr
-2 -
ORDINANCE NO. 97- 2 7
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