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Home My WebLink AboutRESOLUTIONS - 01011999 - 1999-572 Contra 5 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/ 572 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 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 (MDF). 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; fONTINU B ON ATTACHMENT: X YES SIGNATURE t� l RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTE —APPROVE —OTHER SIGNATURE (S): ACTION OF BOARD ON APPROVED AS RECOMMENDED )C0TTi#fiR-® VOTE OF SUPERVISORS I 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 (925/535-1241) ATTESTED cc: Community Development Department(CDD) PHIL BATCHELOR, CLERK OF Martin Lysons, Public Works THE BOARD OF SUPERVISORS Millie Greenberg, TVTC Chair AND COUNTY ADMINISTRATOR County Counsel Frank Escudero, PWD BY •, DEPUTY Carlos Baltodan, BID RESOLUTION NO. 99/572 TVTC TRANSPORTATION DEVELOPMENT FEE AMENDMENT NOVEMBER 2, 1999 Page 2 RECOMMENDATI NS CONTINUEDI 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. FISCAL IMPACT 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. BACK ROUNDIREASONS FOR RECOMMENDATIONS 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 Fee. 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. 97/616. Having received unanimous approval from the TVTC jurisdictions for the fee 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: LAND USE CATEGORIES MIDE 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 $0.76 Sq. Ft. Other Uses $1,515 Average AM/PM Peak Hour Trip* *(TVTD Fees for other uses not listed shall be based upon the average AM/PM peek 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 Fuge 3 BACKGROUND/REASONS FOR RECOMMENDATIONS(CONTINUED) 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.1wp51ltvtci2feeamend.bo RESOLUTION NO. 99/572 EXHIBIT A QEDINAN E NO.-99n--52 (Tri- /alley Transportation Development Fee Area) The Contra Costa County Board of Supervisors ordains as follows: SECTION I. 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: LMd Use EM Other Uses: $616 per average am/prn 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. F'FF .CTIYE 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: AYES: SUEPRVISOR:i GIOIA, UILKEMA, DESAULNIER and CANCIAMILLA NOES: NONE ABSENT: SUPERVISOR GERBER ABSTAIN: NONE ATTEST: PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator By: Deputy C z B d of Supervisors ORDINANCE NO. 99- 5 2