HomeMy WebLinkAboutMINUTES - 05151990 - 2.2 TO: _ BOARD OF SUPERVISORS ?�"s.`L. Contra
Phil Batchelor, County Administrator ;. s;•
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May 15 , 1990 ���.•- - •,P
County
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DATE: 4sTq,coun� c _
PROGRESS REPORT ON ENVIRONMENTAL MANAGEMENT AGENCY
SUBJECT:
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. Accept the progress report on the Environmental Management
Agency from the County Administrator.
FINANCIAL IMPACT:
None.
BACKGROUND:
On April 17 , the Board approved in concept the creation of an
Environmental Management Agency which would consist of the
functions currently performed by Community Development, Public
Works and Building Inspection Departments. In addition, the
Board approved 19 recommendations aimed at improving the service
and efficiency of the affected Departments and directed the staff
to present monthly progress reports. Over the last three weeks,
the County Administrator held three meetings with the Directors
of the involved Departments to discuss the 19 recommendations.
What follows is a status report through May 9.
Development Processing Review Committee
A Development Processing Review Committee was to be established
which would review and recommend, to the appropriate Departments,
matters involving application and permit processing, fee changes
and code changes. The Committee was to be composed of
developers, representatives of the public and staff from the
three Departments.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON - May 15, 1990 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: Building Inspection ATTESTED /.S /990
Community Development PHIL BATCHE OR,CLERK OF THE BOARD OF
Public Works SUPERVISORS AND COUNTY ADMINISTRATOR
Administrator's Office
M382 (10/88)
BY �""" DEPUTY
-2-
A Committee has been formed under the leadership of Bob Giese and
the mission, goals, priorities and membership is presented in
Attachment A. The Building Industry Association recommended the
private sector representatives. The first meeting will be
scheduled in late May and the pre-application review process will
. be among the items to be discussed.
Pre-Application Review Process
A pre-application review process was to be formulated for
developers which would target small developers and include
representatives from the three Departments. The objective of
this process was to avoid problems before developers invest
significant resources in a project.
Under the initiative of Karl Wandry, a process has been developed
and appears in Attachment B. The plan is to present the process
to the Review Committee in May before it becomes operational.
Center For Processing Applications and Permits,' Development
Processing Information
Interim and permanent plans were to be prepared for the creation
of a center for processing development applications and permits.
This facility would house staff from the Building Inspection,
Community Development, Public Works and Health Services
Department. The plan was to include a program to streamline the
processing of applications and permits with Environmental Health
and Special Districts.
A Committee of staff representatives from the three Departments
and the Administrator' s Office has been established to study the
Service Center concept. The Committee visited the Sacramento
County Service Center to examine how that operation functions and
what insights, process and procedures can be transferred to our
County. The Service Center is - targeted to become operational in
August.
Currently, the Committee along this capital project staff in the
Administrator' s Office and General Services Department are
examining alternative locations for an interim Service Center on
the second floor - North Wing and the fourth floor. The type and
level of services to be provided at Center, the layout of the
counters and other operational details are being examined. One
alternative appears in Attachment C. Also, the cost of
remodeling each location and moving staff is being analyzed.
Finally, the Committee will review how the services provided by
Environmental Health and Fire, Water and Sanitation Districts can
be efficiently incorporated into the operation of the Service
Center.
-3-
As the Committee examined the Service Center concept, it became
apparent that the task of simplifying and revising information
related to application instructions, fee schedules and the
overall development process should reside with the same
Committee. To a large extent, the structure and function of the
Center will dictate the . form and substance of processing
information. Therefore, once the interim Service Center plan is
adopted, the Committee will revise and package the information
for processing applications and permits.
Ombudsperson/Customer Service Representative
The recommendation for studying the feasibility of an
ombudsperson position was assigned to the Service Center
Committee. . This position was seen as functioning as a customer
service representative at the Service Center. When a problem
develops with an application, plan or permit involving more than
one component of the development processing system, the
Representative would step in to provide the necessary liaison,
and problem-solving activities.
Currently, a job specification is being prepared which include
the following responsibilities:
1. Resolving complaints and referrals from Supervisors.
2. Resolving complaints from . clients served at the Service
Center.
3. Administrative management of the Service Center.
Fee Advisory Committee
The County Administrator was authorized to create an Advisory
Committee to review how land development fees should be
distributed among the various Departments. Another charge of the
Committee was to' design a "premium service" fee structure under
which clients desirous of accelerated services will pay increased
fees, without impacting services provided to other clients.
A Committee has been formed of the Administrative Services
Officers of the three Departments and a representative from the
Administrator' s Office. The Committee is developing baseline
cost and revenue data as well as identifying the various revenue
distribution methods after the baseline data is developed. The
Committee will be working in conjunction with a consultant to
determine whether the existing fees adequately cover the service
costs.
In the future, the Fee Committee will be referring findings and
recommendations to the Review Committee for evaluation of the
impacts on the processing of applications and permits.
1
-4-
Economic Development
An Economic Development unit was to be formed and placed in the
Administrator' s Office involving 12 persons. To date, Jim
Kennedy has been selected to manage the unit and plans are being
developed to move the unit to the 12th floor.
Jim has developed an ambitious work program which is included as
Attachment D. The Economic Progress Committee of the Board will
be examining this work program in detail at its May 14 meeting.
This work program includes evaluating the feasibility of
establishing an Economic Development Corporation.
Code Compliance
The Board reaffirmed its intent to assign the Administrator' s
Office the responsibility in the short run, to strengthen,
broaden and enhance coordination of code compliance efforts
throughout the county. A committee has been formed to provide
the necessary operational coordination for this effort and the
membership appears in Attachment E. A monthly status report on
code enforcement efforts will be provided to the Board of
Supervisors.
One of the major components of the code compliance effort in the
county has been the need for swifter processing and follow-up of
code violations and/or complaints. One of the reasons this has
been a problem was a lack of staffing. In the last six weeks a
new full-time code enforcement officer has been hired. Already
the dividends of the increased attention has resulted in a noted
increase in voluntary compliance of individuals choosing to
correct violations before having to go to a citation hearing. At
these hearings there may be a need to involve staff from County
Counsel, Community Development and other departments. The
resulting time saved, if this trend continues, will be
significant and allow for more attention to recalcitrant and/or
repeat violators.
Growth Management
Efforts to comply with the growth management requirements imposed
by Measure C were to be accelerated within . the Community
Development Department. Harvey Bragdon and his staff have
prepared a detailed and seperate Board report on this matter.
Attachment F is a summary of this Board Order.
Attachment A
Development Processing Review Committee
Mission, Goals and Priority Statement
Mission
The mission of the Review Committee is to review and recommend
actions to further achieve efficient and timely development
processing. Such efficiency and timely processing is intended to
insure optimal service to the private sector as well as
benefiting the overall County processing system. The Committee
will recommend actions to the Agency Director and Executive .
staff , who shall respond in writing to the Committee within 30
days.
Goals
1. To review and recommend to the appropriate departments,
matters involving application and permit processing, fee and
code changes.
2. To review, comment and make recommendations regarding the
establishment and operation of the Central Permits Bureau.
3 . To review, comment and make recommendations on specific
development processing topics brought to the attention of
the Committee. Identify and recommend specific actions for
more efficient and timely processing which could be
implemented by the County and/or development community.
4. Examine laws and regulations promulgated by other
jurisdictions and provide input to the Board of Supervisors
as to methods to streamline the development process within
these laws and regulations or recommend changes to these
laws and regulations.
Current Priorities
a. Central Permits Bureau
b. Updating Codes
C. Development Processing Fees
d. Pre-Application Review Process
Development Processing Review Committee
Roster
Dave McClelland, Developer
Vermillion Group, Inc.
San Ramon
Dean LaField, President
Building Industry Association
San Ramon
Karl Danielson, Architect
The Dahlin Group
San Ramon
Jim Causey
Public Works Department
Ron deVincenzi
Community Development Department
Larry Gunn
Building Inspection Department
Customer Service Representative
Agency Management Staff
Attachment B
PRE-APPLICATION REVIEW PROCESS
Objective:
-To provide a pre-application review process primarily directed at aiding
individuals and small developers to prepare an acceptable application
package.
Structure:
-The pre-application review committee will .initially consist of a planner,
an engineer and a building inspector. The committee will be expanded to
include environmental health staff and a fire marshall once the central
permit bureau is established. The committee may have to be expanded on
occasion depending on the nature of the project being reviewed. Multiple
committees and/or appointment days may be required to adequately serve the
public.
-Each department (C.D.D. , P.W. , B. I. ) is responsible for assigning
personnel to the committee on either a permanent or rotating basis.
Operation:
-No applications will be accepted by the County until reviewed by the
Committee.
-The committee will meet regularly once a week for 2 to. a full day.
-Applicants will meet with the committee by appointment only.
-Initially the Community Development Department receptionist will set
appointments for the committee. Once the central permit bureau is
established that receptionist will be responsible for the committee
appointment calendar.
T
-The committee will make the applicant aware of and suggest solutions to
the more obvious problems identified in its review. The committee will
also advise the applicant of the various fees associated with the
proposal . This will eliminate some of the "surprises" we hear about
occasionally.
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,1 Attachment D
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ECONOMIC DEVELOPMENT WORK PROGRAM
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_ (draft of May, 8', 1990.) .
REDEVELOPMENT .
�a t;}t , 1`. Actively, pursue - implementation of adopted County .Redevelopment
'='Ms' "` ,! Plans. for-•revitaliz.ing, communities :& infrastructure; & by,
udciousi -applying- redevelopment- financial assistance to.,
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}; economic ' development,.pro j.ects/programs than will increase ,the
` `County' s revenuer:_base.
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2 'Evaluate' the feasibility of a ,,redevelopment pldn ;;for the County,
owned. airports, °& initiate Plan,'.,adoptuion process',.if ,appropriate
3 -Evaluate , the .feasibility of additional redevelopment project
•areas_,. as.' appropriate.. .
,
' 'ECONOMIC DEVELOPMENT PROGRAMS
4 `Evaluate the `feasibility of establishing an Economic Development
Corporation: < & pursue establishment if warrented .-''',
5 Establish local:-capacity `to provide financial assistance to
facilitate the development of new businesses; or top. retain
thoose currently in existence; including;
a) Industrial Development Bonds
b) SEA financing
c) CDBG firiancing
d) State/Federal programs
e') Redevelopment assistance
6 Develop programs such as the "Main .Street' - type programs within
appropriate unincorporated communities as a means, .of enhan-
., cing the competitiveness of :older. retail centers, & resultantsales tax `revenues .
7 Evaluate the feasibility- of establ%shing. an Enterpr-ise Zone, pursuant .
-to the State' Enterprise. Zone Act.
8 Evaluate the feasibility of designating one or more, -areasas
Recycling .Market''Development Zones:
9 Develop technical assistance programs to businesses employers.
regarding land use processing & project financing,.
MARKETING
10 Develop a marketing &business attraction program' in conjunction'
with other appropriate . parties (Chambers of Commerce, Contra Costa
Council , Bay Area Economic Forum, cities) .
' r 11 Undertake an.. analysis, of .the local economy to determine. -geographic
growth.*sectors, and business classification growth. sectors
•CAPITAL "FACILITIES•:"
12 Continue to:"a r.essively implement housing finance programs`
' designedt.o.. pr.ovide housing affordable to all economic segments,
to"achieve° a .jobs/housing balance particularly. affordable housing
a
near employment ,centers
13 Develop `infrastructure financing .strategi•es & plans (Capital
r: Improvement Plan.)'. that .will permit 'realization of growth.
�..
management standards :of:'the General`.Plan & Measure C".
Execute capital`marke'ts financin•g- as. appropriate.
14 Assist in he providing .support
services- to the •communi-ty such as- child care, employment training,_
. . - ,
REVENUE ENHANCEMENT
` 1.5 -Develop :strategies . to. 'ensure areas targeted for economic development
continue, to generate revenue for '.the .County.
1.6 Develop 'a strategy or policy that would permit the waiver or
modification of County fees for . development projects that will.
provide other positive economic or policy returns ..
17 .11egotiate fiscal agreements. with city .redevelopment agencies
that maintain the current average County share of property tax
over the. life. of the Redevelopment Plan.
1`8 Develop & implement a program for the effective management .of
County real estate - assets' as a means of enhancing- County revenues .
ORGANIZATION
19 Establish an inter-departmental coordinating committee to facilitate'
a comprehensive approach to economic development.
20 Develop a list of qualified real estate/economic development:.
consultants (deal makers) " for future transaction work.
PLANNING/POLICY
21 .Staff . the Economic Progress Committee of the Board of -Slrpervisors ..
._22 Prepare a comprehensive Economic. Development. Plan within- 9
months of adoption of the County General Plan:
23 Review- County/city land use policies/ordinances for-� coiisis-
tency with economic development objectives, & for consistency.
24 Develop, in conjunction with permit processing personnel ,
a system for expediting economic develoment land use .applications,
& troubleshooting for diose encountering processing. problems .
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Attachment E
Code Compliance Committee
Administrator' s Office
John Gregory
Building Inspection
Bill Martindale
Community Development
Ron deVincenzi
Jim Hall
Kenny Shunk
County Counsel
Diana Silver
Environmental Health
Jim Blake
Sheriff ' s Department
Lt. Sizemore
Attachment F
To BOARD OF SUPERVISORS
FROM: Harvey E. Bragdon, Director Cwtr
Community Development Department C.xJJIa
DATE; _'i'4dy xX5-`-'1- 1990
courty
SUBJECT:.Compliance .Efforts for Measure C Growth Management Program
SPECIFIC REQUESTS) OR RECOMMENDATION(S) & BACKGROUND Alm JUST.1-FICATION
RECOMMENDATION:
Accept •. report -on efforts to comply with the growth management
requirements imposed by Measure C.
REASONS FOR RECOMMENDATIONS/BACKGROUND:
The report, provided as Exhibit-A, was prepared pursuant to the Boards '
action on April 10, 1990, which approved a series of recommendations
to improve. services in the Community Development, Building Inspection,
and Public Works Departments. Among these recommendations was to
direct the Community Development Director to accelerate efforts to
comply with the growth management. requirements imposed by Measure C,
and, to report .to the Board on a compliance plan.
HEB/.slg:comply.bo
Orig.Dept: CDD-TP
CONTINUED ON ATTACHMENT: _ YES SIGNATUR
RECOMMENDATION OF COUNTY ADMINISTRATOR RECO ATION F ARD COMMITTEE
APPROVE _ OTHER -
SIGNATURE(S1:
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ASSENT CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: ERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPER S ONI',;THE DATE SHOWN.
Community Development
CC: ATTESTED
PHIL BATCHELOR, CLERK THE BOARD OF
SUPERVISORS AND COUNTY A ISTRATOR
M382/7-83 BY DEPUTY
EXHIBIT A
REPORT ON COMPLIANCE EFFORTS
FOR THE MEASURE C GROWTH MANAGEMENT PROGRAM
On June 7, 1989, the Board of Supervisors adopted Resolution 89/389
declaring its intent to comply with the Measure C growth management
program and adopted a work program to attain compliance (see
Attachment A) . The Department has received $50, 000 from the Contra
Costa Transportation Authority (CCTA) to begin compliance efforts.
The following report describes the current status of compliance
efforts according to the components of the growth management
program as described in Measure C (see Attachment B) . Actions to
accelerate compliance are indicated where appropriate.
1. Adopt a Growth Management Element (CCTA Ord. 88-1, p. 10)
Adoption of a Growth Management Element (GME) relies on
adoption of the Draft General Plan which includes its own GME
(see Attachment C) . The Department is currently developing
a proposal to accelerate adoption of the Draft General Plan
for the Board's consideration later this month.
This GME will be reviewed and revised as necessary following
issuance of guidelines for complying with the Measure C growth
management program. The CCTA plans to issue these guidelines
in October. Based on a comparison between the Draft General
Plan and the CCTA's draft guidelines, the Department plans to
recommend to the Board an initial GME for submittal to the
CCTA as soon as practicable after the growth management
program guidelines are issued.
The initial GME will not include proposals for Routes of
Regional Significance or intersections with a Finding of
Special Circumstance. The draft guidelines would establish
a planning process to resolve issues on Routes of Regional
Significance and at intersections with a Finding of Special
Circumstance. This planning process may not be concluded for
many months after issuance of the CCTA's -guidelines. The
ensuing' Action Plans and associated mitigation programs can
be included later as amendments to the GME.
2 . Adopt Traffic Service Standards for Basic Routes (CCTA Ord.
88-1, P. 10)
Interim Traffic Service Standards and land use type
classifications are being applied to new development in the
unincorporated areas, pursuant to Resolution 89/786 (see
Attachment D) . These standards will be reviewed and modified
as required following issuance of the CCTA's guidelines.
3 . Adopt Performance Standards (OCTA Ord. 88-1, P. 10)
Recommended performance standards for the six urban services
(water, sanitary facilities, flood control, police, fire, and
parks) are included in the GME of the Draft General Plan.
These standards are under review as part of the General Plan
Review Program. Additional review and modification may be
required following issuance of the CCTA' s guidelines.
4. Adopt Development Mitigation Program (CCTA Ord. 88-1, P. 11)
The County's development mitigation program currently consists
of developer fees charged under the Area of Benefit (AOB)
Program, Ordinance 88-27 (see Attachment E) , and additional
exactions conditioned as part of the Department's development
review process. Revisions to the AOB program will occur
following adoption of the Draft General Plan. Additional
revisions will occur following the development of detailed
travel forecasts prepared by the CCTA.
5. Participate in a Cooperative Multi-Jurisdictional Planning
Process (CCTA Ord. 88-1, P. 11)
The Board of Supervisors, Planning Commissioners, and County
staff are currently participating in all four Regional
Transportation Planning Committees (RTPCIs) . ' These committees
include the West Contra Costa Transportation Advisory
Committee (WCCTAC) , TRANSPAC in central Contra Costa,
Southwest Area Transportation (SWAT) Committee,, and TRANSPLAN
in eastern Contra Costa. Board members also participate on
the CCTA Board of Directors, and its various committees,
(Administrative, Planning and Governmental Affairs, and
Projects and Programs) County staff , also participates on
various CCTA committees (Technical Coordination Committee,
Growth Management Task Force, and Technical Committee) .
Since the passage of Measure C, the County has furnished
considerable data and staff assistance to the RTPC's and other
CCTA committees. Much of this information was prepared as
part of the General Plan Review Program and the countywide
transportation modeling project. The Department is currently
under contract with the CCTA to prepare demographic data for
the transportation modeling effort.
Through the RTPC's, the CCTA proposes to develop Action Plans,
Regional Traffic Mitigation Fees, and other appropriate
mitigation measures that will identify future requirements for
the County's GME, and its related development mitigation
programs and Capital Improvement Program (CIP) .
A proposal unique among the RTPC's is WCCTAC's West County
Joint Transportation Planning Project which the .Board endorsed
with Resolution 90/207 (see Attachment F) . This $360, 000
two-year project would be created through a Joint Powers
Agreement. Transportation staff would be hired to develop
information to meet many of the requirements of the Measure
C Growth Management Program. The Department does not propose
to wait two years for the completion of the Project before
submitting a GME to the CCTA. The Project, however, would
furnish the Actions Plans and provide supplemental information
to the County's development mitigation programs and CIP that
could be later amended into the County's GME. If no CCTA,
funds are received for the Project, the County could be
required to contribute as much as $36, 000 in order to
participate. It is unclear at this time if County funds will
be required to participate in the other RTPC's.
Another unique effort among the RTPC's is TRANSPAC's Regional
Planning Advisory Committee (RPAC) . As currently proposed,
this committee would provide advisory comments on the regional
impacts of major development proposals and planning decisions
of the six TRANSPAC jurisdictions. At this time, TRANSPAC is
currently refining the specifics of the RPAC concept.
The Board and County staff are also participating with the
cities of San Ramon, Danville, Dublin, Pleasanton, Livermore
and Alameda County on the Tri-Valley Transportation Council
(TVTC) , which is separate from the Measure C process but
addresses similar issues. The TVTC proposes 1to develop a
uniform transportation modeling database, a Tri-Valley
Transportation Plan, and, new funding mechanisms and fees to
implement the Plan.
6. Develop a Five-Year CIP to meet Traffic Service and
Performance Standards (CCTA Ord. 88-1, P. 11)
On May 9, 1989, the Board adopted the County Road Improvement
Policy through Resolution 89/306, which established the
. process for developing a five-year CIP for transportation
improvements (see Attachment G) On April 17 1990, the Board
adopted the first County Road Improvement Program (CRIP) ,
which identifies transportation improvements to serve growth
in the unincorporated area during the next five years. The.
CRIP will be reviewed and revised as appropriate following
issuance of the CCTA guidelines and after adopting final
Traffic Service Standards.
Identification of the capital programming requirements for the
six urban services previously mentioned will be determined
through a "performance standards evaluation and infrastructure
constraints analysis" process described in GME of the Draft
General Plan. Products of this process include the
identification of infrastructure improvements to serve future
growth, and the identification of the level and source of
financing required. In most cases, these products will be
used as input to the capital programming of special districts
serving unincorporated areas. These products will also
determine the procedures for applying the performance
standards in the development review process (e.g. identifying
appropriate fees or conditions on project design .to achieve
compliance) .
Draft CCTA guidelines indicate that a performance standards
evaluation and infrastructure constraints analysis will be
required before the GME can be submitted to the OCTA. This
task is a significant effort and is critical to the timely
completion of the GME. The Department proposes to accelerate
this process by forming a task force comprised of the
appropriate service providers to work with the Department to
develop the required information. This effort is estimated
to cost between $50, 000 and $75, 000. A specific proposal to
establish this task force is expected to be submitted to the
Board for its approval in June.
7. Address Housing Options and Job Opportunities (OCTA Ord. 88-
1, p. 12)
The County has an adopted Housing Element that is under
revision as part of the County General Plan Review Program.
The Draft General Plan addresses housing options and job
opportunities in Goal 3-k, Policies 3-1 though 3-4, and
Implementation Measures 3-f through 3-i of the Land Use
Element (see Attachment H) . The County transportation
modeling project provides information for matching housing
with jobs. The Department is participating on the CCTA
Technical Committee to finalize compliance requirements for
the jobs/housing portion of Measure C.
8. Adopt a TSM Ordinance (CCTA Ord. 88-1, p. 12)
The County TSM Coordinator is implementing Ordinance 87-95
(see Attachment I) and Ordinance 89-32 (see Attachment J) ,
which substantially satisfy the CCTA's draft TSM policy. The
ordinances will be reviewed and modification may be suggested
for adoption following issuance of the CCTA's guidelines.
HEB/slg:comply.t5
Attachment A: Resolution 89/389
Attachment B: Contra Costa Transportation Improvement and Growth
Management Program
Attachment C: Growth Management Element, Draft County General Plan
Attachment D: Resolution 89/786
Attachment E: Contra Costa County Countywide Area of Benefit
Attachment F: West County Joint Transportation Planning Project
Attachment G: County Road Improvement Policy
Attachment H: Land Use Element, Draft County General Plan, pp. 40
and 61.
Attachment I: County Ordinance 87-95
Attachment J: County Ordinance 89-32
ATTACHMENT A t'
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 27, 1989 by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, McPeak, 71orlakson.
NOES: None.
ABSENT: None.
ABSTAIN: None.
RESOLUTION NO . 89/389
SUBJECT: ) RESOLUTION OF INTENT TO
COMPLY WITH THE GROWTH
MANAGEMENT PROGRAM APPROVED
BY THE VOTERS OF CONTRA COSTA
The Board of Supervisors of Contra Costa County RESOLVE :
WHEREAS , the Contra Costa Transportation Improvement and Growth
Management Program (Measure C) approved by the voters for a
one-half cent sales tax for transportation purposes included
funding for " local street maintenance and improvements" , which
may be allocated to a jurisdiction only after that jurisdiction
has adopted and implemented the requirements of the Growth
Management Program; and
WHEREAS, the County of Contra Costa intends to comply with the
Growth Management Program and implement the requirements of the
Program; and
WHEREAS , the County of Contra Costa has prepared a work program,
budget , and timetable showing key milestones and tasks and its
attached hereto, which shall be completed before the end of
three years time (fiscal Year 1991 /92) , 'as an indication that
the County of Contra Costa intends to comply with the
requirements. of the Growth Management Program; and
WHEREAS, the County of Contra Costa also intends to adopt the
traffic level of service standards in the Transportation
Improvement and Growth Management Program for all new
development applications as of January 1 , 1990; and
WHEREAS, the Contra Costa Transporation Commission .is willing
to advance " local street maintenance and improvement funds" at
$50, 000 per year for the next .three fiscal years to local
jurisdictions which intend to comply with the Growth Management
Program; and
WHEREAS , the Contra Costa Transportation Commission shall
disburse to each jurisdiction the remainder of each
jurisdiction ' s annual allocation , once they have been found in
compliance with the Growth Management Program by. the Contra
Costa Transportation Commission ; and
RESOLUTION NO. 89/389
WHEREAS, should the Board of Supervisors of Contra Costa County
vote not to adopt and implement , or through inaction not
implement , the Growth Management Program, the advanced funds
shall be returned to the Contra Costa Transportation Commission
with interest .
NOW THEREFORE BE IT RESOLVED, the Board of Supervisors of Contra
Costa County adopts this Resolution of Intent to Comply with the
. Growth Management Program subject to terms and conditions listed
above.
LM2/res . sg
I hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors the date shown. .
ATTESTED: 2
PHIL BATCHELOR,Clerk of the Board
of Suparvisora and County Administrator
'BY �• ' - Deputy
, f
RESOLUTION N0. 89/389
COUNTY OF CONTRA COSTA
WORK PROGRAM/BUDGET/TIMETABLE
MEASURE C COMPLIANCE
DUE
TASK TIME DATE RESPONSIBILITY COST
-------------------------------------------------------------------------------------------------
1. Establish methodology for defining geographic 4 weeks 10/31/89 County/Cities 12000.
areas for applying Traffic Service Standards,
and define geographic areas for unincorporated
territory.
2. Refine Countywide model for intersection level of 01/01/89 CCTC N.A.
service .analysis using subarea models developed
by CCTC.
3. Adopt Traffic Service Standards for new 4 weeks 01/01/89 County N.A.
development in- unincorporated areas.
4. Review/revise mitigation measures for traffic 8 weeks 02/28/90 County 24000
impacts from new development allowed for in
General. ;P.l an using refined transportation model
from-Task 2. Determine areas for "Finding of. z "
Special Circumstance.
5. Review/revise Area of Benefit fees and 4 weeks 03/15/90 County 12000
transportation projects in CIP ("Development
Mitigation Program") .
6. . Review/revise other performance standard (fire, 12 weeks 03/15/90 County 12000
police, parks, sanitary facilities, water, flood
.control ) for compliance with CCTC guidelines.
Review/revise other fees and other CIP projects
as appropriate.
7. Develop Jobs/Housing Opportunities-implementation . 4-weeks 03/15/90 County 120.00
program.
8. Revise. Growth Management Element 2 weeks 03/31/90 County 6000
9. CCTC review of Growth Management Element. 6 weeks 05/15/90 CCTC N.A.
10. Revise Growth Management Element pursuant to 2 .weeks `05%31/90"`-' "; County 6000
CCTC comments (if applicable) .
11. Determine/perform compliance procedures for CEQA. 6 weeks 07/15/90 County 1000
(Assumes Negative Declaration) .
12. Conduct Public Hearings/Notices. N.A. County 2000
13. Publishing-, postage, graphics. N.A. County 8000
14. Adopt amendments to Growth Management Element N.A. County N.A.
and CIP.
TOTAL BUDGET 95000
---------------------------_--.--------------------------------------------------------------------
NOTES: a) N.A. = not applicable.
b) This work program/budget/timetable assumes adoption of the County General Plan
by 01/01/90, and distribution of CCTC guidelines for Growth Management
Elements by 03/01/90.
ATrAC1IIvIENT RESOLUTION NO. 89/389
*c BOARD OF SUPERVISORS
FROM Harvey E. Bragdon - "�n"', '�,,t},r,a Cx)sta
Director,- Community Development Dept.
PATE: June 27 , 1989 ` of "1
SUBJECT: Resolution of Intent to Comply with the Growth -Management Program
of Measure C
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Approve the Resolution of Intent to Comply with the Growth Management
Program of Measure C.
FINANCIAL IMPACT:
None. Compliance with the growth management program of Measure C is
estimated to cost $95 ,000. These costs will be funded by allocations
of sales tax revenue from the CCTC.
REASONS FOR RECOMMENDATIONS/BACKGROUND:
On May 16, 1989, the Board of Supervisors referred to the- Director of
Community Development a request from the Contra Costa Transportation
Commission (CCTC) to consider and act on a "Resoluti"on of Intent" to
comply with the growth management program of Measure C.
Approval of the resolution would commit the Board to the following
actions:
1. Develop a growth management program in compliance with
requirements to be developed by the CCTC;
2. Implement the growth management program by Fiscal Year 1991/92;
and
3 . Adopt the traffic level of service standards in Measure C for
all new development applications as of January 1 , 1990 .
The department ' s draft update to the County General Plan includes a
growth management element. This element was prepared concurrently
with the development of Measure C. At this point, the element
contains actions to monitor land development and to develop a five-
HEB/SLG: intent.res
Orig. Dept. - CCC,TPD
CONTINUED ON 'ATTACHMENT; XXYES SIGNATURE'
, RECOMMENDATION OF COUNTY ADMINISTRATOR RECO EN A ION OF rlA OMMITTEE
APPROVE OTHER _
SIGNATURE S
ACTION OF BOARD ON JUN 2 7 1929
APPROVED AS RECOMMENDED
OTHER
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 BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
C,eunty Administrator ' s Office JUN 2 7 1989
cc: Community Development ATTESTED
Contra Costa Transportation Commission PHIL BATCHELOR. CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
aY
i t
ATTACHMENIT 8
CONTRA COSTA TRANSPORTATION
IMPROVEMENT AND GROWTH MANAGEMENT PROGRAM
Contra Costa Transportation
Partnership Commission
adopted
August 3, 1988
MEMBER JURISDICTIONS: Cities of Antioch, Brentwood, Clayton, Concord, E1 Cerrito, Hercules, Lafa-
yette, Martinez, Orinda, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, Walnut Creek,
Towns of Danville and Moraga, and the County of Contra Costa.
The Program contains the Contra Costa Transportation Improvement and Growth Management Expenditure
Plan and Ordinance. The Ordinance, which is required to be adopted by the Contra Costa Transportation
Authority (Contra Costa Transportation Partnership Commission) pursuant to Public Utilities Code
commencing with Section 180000, is the legal document implementing the local retail transactions and use
tax and specifying the method of allocation of the local retail transactions and use tax revenues and
other requirements of the Measure. The Ordinance becomes effective at the close of the polls on the day
of the election at which the local transportation measure is approved by the voters. The full text of
the Expenditure Plan and the Ordinance are provided on the following pages.
651 Pine Street, 4th Floor North Wing, Martinez, CA 94553, (415) 646-213'1
CONTRA COSTA TRANSPORTATION
PARTNERSHIP CONINIISSION
The Contra Costa Transportation Partnership Commission, a Transportation Authority under the provisions
of Public Utilities Code Section 180000, was created by the Mayors' Conference and the Board of
Supervisors to provide a forum for transportation issues in Contra Costa and to propose ways to reduce
traffic congestion.
CHAIR: Ronald K. Mullin
VICE-CHAIR: Sunne Wright McPeak
CENTRAL
Ronald K. Mullin, Councilmember, Concord
(Alternate: Carolyn Bovat, Councilmember, Clayton)
Ed Skoog, Mayor, Walnut Creek
(Alternate: Sherry Sterrett, Councilmember, Pleasant Hill)
EAST
Taylor Davis, Councilmember, Pittsburg
(Alternate: Richard Lettman, Councilmember, Pittsburg)
Cathryn Freitas, Councilmember, Antioch
(Alternate: Joel Keller, Mayor, Antioch)
SOUTHWEST
Beverly Lane, Mayor, Danville
(Alternate: Diane Schinnerer, Mayor, San Ramon)
Avon Wilson, Vice Mayor, Lafayette
(Alternate: Don Tatzin, Councilmember, Lafayette)
WEST
Sharon Brown, Mayor, San Pablo
David MacDiarmid, Councilmember, Richmond
BOARD OF SUPERVISORS
Sunne Wright McPeak, District 4
(Alternates: Robert I. Schroder District 3, Tom Powers, District 1, Nancy Fanden, District 2)
Tom Torlakson, District 5
(Alternates: Robert I. Schroder District 3, Tom Powers, District 1, Nancy Fanden, District 2)
MAYORS' CONFERENCE
Anna McCarty, Councilmember, Pinole
(Alternate: Ann Earnest, Councilmember, Hercules)
TABLE OF CONTENTS
EXPENDITURE PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
STATEMENT OF PRINCIPLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PROJECTS AND PROGRAMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
MAP . . . . . . . . . . . . 6
PROJECT AND PROGRAM DESCRIPTIONS . . . . . . . . . . . . . . . . . . . . . . . . 7
GROWTH MANAGEMENT PROGRAM . . . . . . . . . . . . . . . . . . . . . . . 9
APPENDIX A INFORMATION ON LAND USE DEFINITIONS . . . . . . . . . . . . . . . 13
ORDINANCE #88-01 . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 15
SECTION 1. TITLE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
SECTION 2. EXPENDITURE PLAN PURPOSES. . . . . . . . . . . . . . . . . . . . . . 15
SECTION 3. IMPOSITION OF RETAIL TRANSACTIONS AND USE TAX. . . . . . . . . 15
SECTION 4. REQUEST FOR ELECTION. . . . . . . . . . . . . . . . . . . . . . . . . . 16
SECTION 5. TRANSPORTATION IMPROVEMENT PROGRAM PURPOSES. . . . . . . . 16
SECTION 6. TRANSPORTATION IMPROVEMENT PROGRAM PROCEDURES. . . . . . 20
SECTION 7. . GROWTH MANAGEMENT PURPOSES AND PROCEDURES. . . . . . . . . 21
SECTION 8. AMENDMENTS TO THE EXPENDITURE PLAN . . . . . . . . . . . . . . . 21
SECTION 9. AMENDMENTS TO THE ORDINANCE. . . . . . . . . . . . . . . . . . 21
SECTION 10. AUTHORITY COMMITTEES. .. . . . . . . . . . . . . . . . . . . . . . . 21
SECTION 11. PRIVATE SECTOR FUNDING. . . . . . . . . . . . . . . . . . . . . . . . 22
SECTION 12. BONDING AUTHORITY. . . . . . . . . . . . . . . . . . . . . . . . . . 22
SECTION 13. ADMINISTRATIVE EXPENSES. . . . . . . . . . . . . . . . . . . . . 22
SECTION 14. ESTABLISHMENT OF SEPARATE ACCOUNTS. . . . . . . . . . . . . . . 22
SECTION 15. IMPLEMENTING ORDINANCES. . . . . . . . . . . . . . . . . . . . . . . 22
SECTION 16. EFFECTIVE AND OPERATIVE DATES. . . . . . . . . . . . . . . . . . . . 22
SECTION 17. DESIGNATION OF FACILITIES. . . . . . . . . . . . . . . . . . . . . . . 22
SECTION 18. CONTRACTS, LOCAL PREFERENCE. . . . . . . . . . . . . . . . . . . . . 23
SECTION 19. SEVERABILITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
SECTION 20. ANNUAL APPROPRIATIONS LIMIT. . . . . . . . . . . . . . . . . . . 23
SECTION 21. COORDINATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
SECTION 22. ALLOCATION OF RELEASED FUNDS. . . . . . . . . . . . . . . . . . . . 23
SECTION 23. ALLOCATION OF EXCESS FUNDS. . . . . . . . . . . . . . . . . . . . . . 23
SECTION 24. TRANSPORTATION AUTHORITY EMINENT DOMAIN. . . . . . . . . . . 23
SECTION 25. SUNSET OF THE AUTHORITY. . . . . . . . . . . . . . . . . . . . . . . 24
SECTION 26. CALDECOTT TUNNEL. . . . . . . . . . . . . . . . . . . . . . . . . . . 24
SECTION 27. MAJOR ARTERIALS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
SECTION 28. DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
ACKNOWLEDGEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
CONTRA COSTA
TRANSPORTATION IMPROVEMENT
AND
GROWTH MANAGEMENT
EXPENDITURE PLAN
STATEMENT OF PRINCIPLES
The Contra Costa Transportation Partnership Commission was created by the Mayors' Conference and the
Board of Supervisors to provide a countywide forum for transportation issues and to propose ways to
reduce traffic congestion.
To achieve this goal, the Transportation Partnership Commission, also established as the Transportation
Authority under State Law (SB 142), has established principles to guide its efforts to develop a County-
wide Comprehensive Transportation Plan and to develop an Expenditure Plan for a one-half cent retail
transactions and use tax measure to be placed before Contra Costa voters in November, 1988.
The Commission's principles are as follows:
1. A balanced transportation network of highways, local streets, public transit, growth management and
regional planning are necessary to preserve the quality of life and a healthy viable economy for
Contra Costa residents.
2. Public input, through both the Citizen Advisory Committee and the Regional Transportation Planning
Committees, is a critical element of a successful comprehensive transportation and growth management
process to reduce traffic congestion.
3. State and Federal monies are insufficient to®meet Contra Costa's transportation needs. A local
retail transactions and use tax increase for transportation improvements is the only funding method
available to local jurisdictions.
4. The Transportation Improvement and Growth Management Expenditure Plan is focused on alleviating
existing traffic congestion through funding major regional projects and the establishment of a
transportation and growth management process.
5. Transportation planning and growth management are needed to assure that new growth pays for the
facilities required to meet the demands resulting from that growth. A cooperative planning process
will be established on a countywide basis, while maintaining local authority over land use decisions
and the establishment of performance standards, exclusive of operating budgets.
6. A complementary, but separate ballot measure, will provide for the acquisition and preservation of
open space.
These principles are the basis of the Expenditure Plan which is presented by the Commission, its Citizen
Advisory Committee, Regional Transportation Planning Committees and Technical Staff for approval by lo-
cal jurisdictions and the voters of Contra Costa.
4 EXPENDITURE PLAN
EXPENDITURE PLAN
PROJECTS AND PROGRAMS
ALLOCATION
HIGHWAYS AND ARTERIALS
Interstate 680 Corridor $100,000,000
North Richmond/Interstate 80 Bypass (Route 93) 70,000,000
Route 4 (east) 80,000,000
Route 4 (west) 45,000,000
Gateway/Lamorinda Traffic Program 19,000,000
Major Arterials - Southwest Region 13,600,000
Camino Pablo (San Pablo Dam Rd. Corridor) 4,500,000
TRANSIT
Rail Extension - from Concord to North Concord and
Eastern Contra Costa 178,000,000
Contra Costa Regional Commuterway 46,000,000
BART Parking 5,500,000 ,
TRAILS
Regional Bicycle and Pedestrian Trails 3,000,000
PROGRAMS
Elderly and Handicapped Transit Service 25,900,000
Local Street Maintenance and Improvements 155,500,000
Carpools, Vanpools, and Park and Ride Lots 8,600,000
Bus Transit Improvements and Coordination 42,400,000
Regional Transportation Planning and Growth
Management 10,000.000
TOTAL $807,000,000
5 EXPENDITURE PLAN
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EXPENDITURE PLAN
PROJECT AND PROGRAM DESCRIPTIONS
PROJECTS
Interstate 680 Corridor: Widen and improve Interstate 680 between the Alameda County Line and the
Benicia-Martinez Bridge, and Route 242 between Route 4 and Interstate 680. Project involves interchange,
arterial and access improvements necessary to supplement already funded improvements. On Interstate 680,
the project includes, but is not limited to, interchange improvements at Concord Ave., Willow Pass Road,
and North Main St.; auxiliary lanes between EI Cerro Blvd. and Bollinger Canyon Rd.; and the Fostoria
Overcrossing. On Route 242, the project includes, but is not limited to, interchange improvements at
Solano Way, Concord Ave., and Clayton Rd. The Authority may loan funds to the State to speed completion
of already funded improvements to Interstate 680.
North Richmond/Interstate 80 Bypass (Route 93): Complete an expressway between Interstate 580 (the
Knox Freeway) near the Richmond-San Rafael Bridge and Interstate 80 at a new Atlas Road interchange
near Hilltop.
Route 4 (east): Widen and improve Route 4 between Willow Pass Road in Concord to at least Railroad
Avenue in Pittsburg. Project includes freeway widening, lowering the grade over the Willow Pass, and
interchange improvements at various locations.
Route 4 (west): Widen and improve Route 4 to a full freeway between Interstate 80 and Cummings Skyway.
Project includes reconstruction of the Route 4/Interstate 80 interchange.
Gateway/Lamorinda Traffic Program: To identify action/measures to mitigate the traffic density between
Highway 24 and the Town of Moraga including cost benefit analysis. Implementation of preferred project
alternative (Lamorinda cities to jointly review and establish criteria for project implementation).
Major Arterials - Southwest Region: Funds to improve major arterials as jointly determined by the local
jurisdictions of the Southwest Region (Danville, Lafayette, Moraga, Orinda,:San Ramon, and the portions
of the County). It is the intent of the Authority that local jurisdictions give priority to the follow-
ing projects: Widen San Ramon Valley Blvd. from Hartz to Alcosta; widen Dougherty Road from the County
line to Crow Canyon Rd.; widen Crow Canyon Rd. from the County line to Bollinger Canyon Rd.; widen
eastbound Route 24 off-ramp at Brookwood and up-grade signals; and improve the St. Marys Rd.-Glenside
Dr.-Reliez Station Rd. corridor.
Camino Pablo (San Pablo Dam Road Corridor): Improve and realign Camino Pablo in Orinda as a two-lane
roadway with protected left turn lanes and separated pedestrian and bicycle paths.
Rail extension from Concord to North Concord and Eastern Contra Costa: Extend rail transit (BART or
light rail) from the Concord BART Station to North Concord and over the Willow Pass Grade to eastern
Contra Costa.
7 EXPENDITURE PLAN
Contra Costa Regional Commuterway: Develop bus/van commute lanes connecting the residential areas of
eastern and central Contra Costa with job centers in central and southern Contra Costa. The project will
use available rights-of-way and planned highway widening along the Route 4 and Interstate 680 corridors.
Project shall use the Interstate 680 right-of-way in southern Contra Costa. Development of the project
shall be sensitive to adjacent land uses, including a study of route realignment in Walnut Creek as part
of mitigation of impacts. Project includes constructing park and ride lots, including those at Sycamore
Valley and Bollinger Canyon Roads. Project also includes planning and right of way preservation for
future connections to western Contra Costa.
BART Parking at the El Cerrito del Norte Station: Provide additional parking at the E1 Cerrito del
Norte BART station. The Authority shall work with BART to speed completion of already funded BART
parking projects and to.fund additional parking at other BART stations.
Regional Bicycle and Pedestrian Trails: Complete regional bicycle and pedestrian trails including the
Iron Horse Trail in the San Ramon Valley, central Contra Costa trails, and connections to eastern Contra
Costa and the Martinez Shoreline Park.
PROGRAMS
Elderly and Handicapped Transit Service: Improve paratransit service for elderly and handicapped
persons, including additional service and new vehicles.
Local Street Maintenance and.Improvements: Funds returned to local jurisdictions on a formula basis for
local, subregional and regional transportation projects as determined by cities and the county, including
street and road maintenance and/or transit improvements.
Funds shall be allocated annually to each local jurisdiction, provided that the Authority finds the
jurisdiction in compliance with the Growth Management Program. Eighteen percent of the annual net retail
transactions and use tax revenue shall be distributed as follows: each jurisdiction shall receive a basic
allocation of $50,000, and the remaining amount shall be allocated using a formula of 50% based on
population and 50% based on road miles.
It is the intent of the Authority that local jurisdictions give priority to using these funds for
improving major arterial streets.
Carpools, Vanpools, and Park and Ride Lots: Funds to provide and promote use of these commute alterna-
tives to be allocated on a grant basis.
Bus Transit Improvements and Coordination: Provide funds to increase ridership, efficiency, and coordi-
nation among the transit agencies. The Authority shall allocate funds on a grant basis to support
coordinated service proposals submitted by.the transit agencies. Service proposals shall focus on major
commute corridors such as Ygnacio Valley Road.
A plan for the implementation of transportation improvements in the Ygnacio Valley Road corridor shall be
developed by the Central Contra Costa Transit Authority, in cooperation with the City of Walnut Creek.
Regional Transportation Planning and Growth Management: Develop a countywide Comprehensive Trans-
portation Plan and computer model and update it every two years, provide technical support for the
Regional Transportation Planning Committees, and conduct transportation and growth management studies.
The Authority shall annually budget a percentage of the net tax revenue for regional transportation and
growth management purposes.
8 EXPENDITURE PLAN
EXPENDITURE PLAN
GROWTH MANAGEMENT PROGRAM
To Be Met By Local Jurisdictions For Receipt Of
Local Street Maintenance and Improvements Funding
Introduction
The overall goal of the Growth Management Program is to achieve a cooperative process for Growth Man-
agement on a countywide basis, while maintaining local authority over land use decisions and the esta-
blishment of performance standards.
The transportation retail transactions and use tax is intended to alleviate existing major regional
transportation problems. Growth management is needed to assure that future residential, business and
commercial growth pays for the facilities required to meet the demands resulting from that growth.
It is the intent of the Transportation Authority to create a process that results in the maintenance of
the quality of life in Contra Costa.
Local Street Maintenance and Improvements
Portions of the monies received from the retail transactions and use tax will be returned to the local
jurisdictions (the cities and the county) for use on local, subregional, and/or regional transportation
improvements and maintenance projects. Receipt of all such funds requires compliance with the Growth
Management Program described below. The funds are to be distributed on a formula based on population
and road miles.
Allocation of Funds
The Authority will annually review and allocate funds to cities and the county. In allocating funds, the
Authority shall make findings based on a statement of compliance regarding the Growth Management Pro-
gram.
To receive local street maintenance and improvement funds from the Authority, each jurisdiction shall
submit a statement of compliance with the Growth Management Program. Jurisdictions may use funds
allocated under this provision to comply with these administrative requirements. The Authority will
review this statement and make findings regarding the jurisdiction's efforts. If the jurisdiction's
efforts are found satisfactory, the jurisdiction will be allocated its share of local street maintenance
and improvement funding.
Because of the great variation among the jurisdictions, it is expected that the Authority will need some
flexibility in determining compliance with the Growth Management Program. Generally, this flexibility
may.take the form of the Authority setting deadlines for achieving one or more requirements as a condi-
tion of receiving local street maintenance and improvement funds.
9 EXPENDITURE PLAN
Growth Management Program
To receive its local street maintenance and improvement funds, each jurisdiction must:
1. ADOPT A GROWTH MANAGEMENT ELEMENT
Each jurisdiction is to develop a Growth Management Element of its General Plan to be applied in the
development review process. The element must include sections 2 and 3 below, and jurisdictions must
comply with sections 4-8 below. The Authority and the Regional Transportation Planning Committees
shall jointly prepare a model element and administrative procedures to guide the local jurisdic-
tions. Local jurisdictions shall develop their Growth Management Element within one year after
receipt of the Authority's model element.
2. ADOPT TRAFFIC LEVEL OF SERVICE (LOS) STANDARDS keyed to types of land use:
- Rural--LOS low-C (70 to 74) Volume to Capacity (V/C)
- Semi-Rural--LOS high-C (75 to 79) V/C
- Suburban--LOS low-D (80 to 84) V/C
- Urban--LOS high-D (85 to 89) V/C
- Central Business District--LOS low-E (90 to 94) V/C
Based on the categories established above, each jurisdiction shall determine how the Traffic Service
standards are to be applied to their General Plan land use and circulation elements, and the land
areas to be defined as Rural, Semi-Rural, Suburban, Urban, and Central Business District (as
suggested in the Guidelines in Appendix A). Each jurisdiction shall comply with the adopted stan_
dards. Jurisdictions may adopt more stringent standards without penalty.
Level of Service (LOS) would be measured by Circular 212 or the method described in the most
commonly used version of the Highway Capacity Manual. Any issues with respect to the application of
the Highway Capacity Manual or measurement of level of service shall be referred to the Authority's
Technical Coordinating Committee for review and recommendation to the Authority. In the event that
an intersection(s) exceeds the applicable Traffic Service standard, the Authority shall, jointly
with local jurisdictions, establish appropriate mitigation measures_ or determine that a given
intersection is subject to a finding of special circumstances.
Any intersection that presently exceeds the Traffic Service standard and which will be brought into
compliance in the most current Five Year Capital Improvement Program (see section 6) shall be
considered to be in compliance with the applicable standard.
The Authority, jointly, with affected local jurisdictions, shall determine and periodically review
the application of Traffic Service Standards on routes of regional significance. The review will
take into account traffic originating outside of the county or jurisdiction, and environmental and
financial considerations. Local jurisdictions, through the forum provided by the Authority, shall
jointly determine the appropriate measures and .programs for mitigation of regional traffic impacts.
(See Section 5)
Capital projects necessary to meet and/or maintain the Traffic Service standards are to be included
in the required Five Year Capital Improvement Program. (see Section 6)
10 EXPENDITURE PLAN
3. ADOPT PERFORMANCE STANDARDS, maintained through capital projects, for the following
items, based on local criteria:
a. fire c. parks e. water
b. police d. sanitary facilities f. flood control
Jurisdictions may have already adopted performance standards for some or all of these items.
Performance standards shall be adopted for inclusion in each local jurisdiction's General Plan.
Each jurisdiction shall comply with the adopted standards. The Performance Standards should
take into account fiscal constraints, and how the standards are to be applied in each jurisdiction's
development review process. To ensure the continued applicability of these standards, each jur-
isdiction may annually review and modify their adopted standards,, in consultation with special
districts where appropriate, and provide an opportunity for public comment.
Capital projects, exclusive of operating budgets, to achieve and/or maintain Performance Stan-
dards are to be included in the required Five Year Capital Improvement Program. (see Section 6)
4. ADOPT A DEVELOPMENT MITIGATION PROGRAM to ensure that new growth is paying its
share of the costs associated with that growth.
Local jurisdictions, for the most part, already impose fees for a variety of purposes including site
specific traffic improvements. Only a few jurisdictions impose fees for regional traffic mitiga-
tion.
To meet the requirements of this Section, each jurisdiction shall:
1) Ensure that revenue provided from this measure shall not be used to replace private developer
funding which has been or will be committed for any project.
2) Adopt a development mitigation program to ensure that development is paying its share of the
costs associated with that development.
In addition, the Authority shall:
1) Develop a program of regional traffic mitigation fees, assessments or other mitigations, as
appropriate, to fund regional and subregional transportation projects, as determined in the
Comprehensive Transportation Pian of the Authority.
2) Consider such issues as jobs/housing balance, carpool and vanpool programs and proximity to
transit service in the establishment of the regional traffic mitigation program.
3) The development mitigation program will be implemented with the participation and concurrence
of local jurisdictions in determining the most feasible methods of mitigating regional traffic
impacts. Existing regional traffic impact fees shall be taken into account by the Authority.
S. PARTICIPATE IN A COOPERATIVE, NIULTI-JURISDICTIONAL PLANNING PROCESS TO
REDUCE CUMULATIVE REGIONAL TRAFFIC IMPACTS OF DEVELOPMENT.
The Authority shall establish a forum for jurisdictions to cooperate in easing cumulative traffic
impacts. This will be accomplished through the Regional Transportation Planning Committees, and be
supported by an ongoing countywide comprehensive transportation planning process in which all
jurisdictions shall participate.
11 EXPENDITURE PLAN
As part of this process, a uniform database on traffic impacts will be created, based on the
countywide transportation computer model.
Use of the countywide transportation computer model provides an opportunity to test General
Plan(s) transportation and land use alternatives, and to assist cities and the county in determining
the impact of major development projects proposed for General Plan Amendments. This would pro-
vide a quantitative basis for inter-jurisdictional negotiation to mitigate cumulative regional
traffic impacts.
Input for the model shall include each jurisdiction's Five Year Capital Improvement Program of
transportation projects (see Section 6) and the projects of federal, state and regional agencies
such as Caltrans, transit operators, the Metropolitan Transportation Commission, etc. In addition,
the computer model database will include each local jurisdiction's anticipated land use development
projects expected to be constructed within the next five years.
6. DEVELOP A FIVE YEAR CAPITAL IMPROVEMENT PROGRAM to meet and/or maintain Traffic
Service and Performance Standards (defined in Sections 2 and 3).
Each jurisdiction shall determine the capital projects needed to meet and/or maintain both its
adopted Traffic Service and Performance Standards. Capital financial programming will be based on
development to be constructed during (at a minimum) the following five year period. The Capital
Improvement Program shall include approved projects and an analysis of the costs of the proposed
projects as well as a financial plan for providing the improvements.
7. ADDRESS HOUSING OPTIONS AND JOB OPPORTUNITIES
As part of its Five Year Capital Improvement Program and pursuant to the state mandated housing
element of its General Plan, each jurisdiction shall develop an implementation program that creates
housing opportunities for all income levels.
Each jurisdiction shall also address land use information as it relates to transportation demand as
well as a discussion of each jurisdiction's efforts to address housing options and job opportunities
on a city, subregional and countywide basis.
8. ADOPT A TRANSPORTATION SYSTEMS MANAGEMENT (TSM) ORDINANCE or alternative
mitigation.
To promote carpools, vanpools and park and ride lots, the Transportation Authority will draft and
adopt a Model Transportation Systems Management Ordinance for use by local jurisdictions in develop-
ing local ordinances for adoption and implementation. Upon approval of the Authority, cities with a
small employment base may adopt alternative mitigation measures in lieu of adopting a TSM Ordinance.
12 EXPENDITURE PLAN
EXPENDITURE PLAN
GROWTH MANAGEMENT PROGRAM
APPENDIX A
INFORMATION ON LAND USE DEFINITIONS
These definitions are for information, guidance and are subject to local jurisdictions' determination in
the application of Traffic Service Standards.
Rural
Rural areas are defined as generally those parts of the jurisdiction which have been designated in the
General Plan for agricultural or open space uses and which are characterized by medium to very large
parcel sizes (10 acres to several thousand acres). These areas have very low population densities,
usually no more than I person per acre or 500 people per square mile.
Semi-Rural
Semi-Rural areas are defined as generally those parts of the jurisdiction that are designated in the
General Plan for agricultural, open space or very low density residential uses, with predominant parcel
sizes down to as small as 2 to 3 acres. These areas may support viable agricultural operations, but the
operations generally occur on small to medium sized lots. The areas are also characterized by clusters
of farm housing or very low density "ranchette" development. The population densities in these areas
usually range between 500 to 1,000 persons per square mile (1.0 to 1.5 persons per acre).
Suburban
Suburban areas are defined as generally those parts of the jurisdiction that are designated in the
General Plan for low and medium density single family homes; low density multiple family residences; low
density neighborhood and community oriented commercial/industrial uses; and other accompanying uses.
Individual structures in suburban areas are generally less than 3 stories in height and residential lots
vary from about 6000 square feet up to 2 or 3 acres. Population densities in suburban areas fall within
a wide range, from about 1,000 to 7,500 persons per square mile (1.5 to 12.0 people per acre).
Urban
Urban areas are defined as generally those parts of the jurisdiction that are designated in the General
Plan primarily for multiple family housing, with smaller areas designated for high density single family
homes; low to moderate density commercial/industrial uses; and many other accompanying uses. Urban
areas usually include clusters of residential buildings (apartments and condominiums) up to three or four
stories in height and single family homes on relatively small lots. Many commercial strips along major
arterial roads are considered urban areas.
Examples of urban areas in Contra Costa County are the older neighborhoods in Richmond, El Cerrito,
Pittsburg, and Antioch and the downtown commercial districts in smaller cities such as Martinez, Dan-
ville, and Lafayette. Population densities in urban areas are usually at least 7,500 persons per square
mile (12.0 people per acre). Employment densities in commercial areas may range up to about 15 jobs per
acre.
13 EXPENDITURE PLAN
Central Business District/Maior Commercial Center
Central business districts or major commercial centers are defined as those areas designated in the Gen-
eral Plan for high density commercial and residential uses. They consist of either the downtown area
of a major city (Concord, Walnut Creek, Richmond, and the Pleasant Hill BART station area) or a large
business park (such as Bishop Ranch). These areas are characterized by large concentrations of jobs and
consist of clusters of buildings" four. stories or more in height. CBD's or major commercial centers
generally have high employment densities.
Routes of Regional Significance
Routes of regional significance are generally those that serve travel across Contra Costa County (for
example, eastern Contra Costa to. central Contra Costa), or between Contra Costa County and adjacent
counties. Examples of routes of regional significance include: the Interstate and State Highway system,
Ygnacio Valley Road, Treat Boulevard, San Pablo Avenue, San Pablo Dam Road, Lone Tree Way, etc.
14 EXPENDITURE PLAN
CONTRA COSTA
TRANSPORTATION IMPROVEMENT AND GROWTH MANAGEMENT
ORDINANCE #88-01
The Contra Costa Transportation Authority ordains as follows:
SECTION 1. TITLE. This Ordinance shall be known and may be cited as the Contra Costa Transportation
Improvement and Growth Management Ordinance (# 88-01) which shall establish and implement a retail
transactions and use tax.
SECTION 2. EXPENDITURE PLAN PURPOSES. This Ordinance provides for the implementation of the
Contra Costa Transportation Improvement and Growth Management Expenditure Plan, as approved and a-
dopted by the Contra Costa Transportation Authority, which will result in countywide transportation
facility and service improvements including highway improvements, public transit improvements, trail
facility improvements, local street maintenance and improvements and related transportation programs.
These needed improvements shall be funded by the retail transactions and use tax provided for in Section
3 of this Ordinance. The revenues shall be deposited in a special fund and used solely for transporta-
tion projects and programs. The specific projects and programs to be implemented as well as the required
growth management program are described in the Expenditure Plan which is considered a part of this
Ordinance and hereby incorporated by reference as if fully set forth herein.
The revenues received by the Authority from this Ordinance, after deduction of required Board of
Equalization costs for performing the functions specified in Section 180204of the Public Utilities Code,
and for the administration of the Contra Costa Expenditure Plan commencing with Public Utilities Code
Section 180200, in an amount not to exceed one percent (1%), shall be used for transportation projects
and programs countywide as set forth in the Expenditure Plan and,in a manner consistent with the
Comprehensive Transportation Plan developed by the Authority.
SECTION 3. IMPOSITION OF RETAIL TRANSACTIONS AND USE TAX. In addition to any other taxes
authorized by law, there is hereby imposed in the incorporated and unincorporated territory of the County
of Contra Costa, in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division
2 of the Revenue and Taxation Code which provisions are adopted by reference and Division 19 of the
Public Utilities Code commencing with Code Section 180000, a retail transactions and use tax at the rate
of one-half of one percent (1/2%) for a period not to exceed twenty years in addition to any existing or
future authorized state or local transactions and use tax.
A. Amendments. All amendments subsequent to the effective date of this Ordinance to Part I of Division
2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent
with Part 1.6 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 of
Division 2 of the Revenue and Taxation Code, shall automatically become a part of this Ordinance;
provided, however, that no such amendments shall operate so as to affect the rate of tax imposed by
this Ordinance.
B. Enjoining Collection Forbidden. No injunction of writ of mandate or other legal or equitable
process shall issue in any suit, action or proceeding in any court against the State or the Author-
ity, or against any officer of the State or the Authority, to prevent or enjoin the collection under
this Ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount
of tax required to collected.
15 ORDINANCE
SECTION 4. REQUEST FOR ELECTION, The Authority hereby requests the Contra Costa County Board
of Supervisors place this Ordinance before the voters for approval on the November 8, 1988 ballot.
The proposition to be placed on the ballot shall contain a summary of the projects and programs and shall
read substantially as follows:
Shall the Contra Costa Transportation Authority be authorized to establish, by Ordinance, a one-half
of one percent retail transactions and use tax with an Article XIII B appropriations limit of $765
million, for a period not to exceed twenty years, with the proceeds placed in a special fund solely
for the transportation construction and planning program?
SECTION 5. TRANSPORTATION IMPROVEMENT PROGRAM PURPOSES. In the allocation of all
revenues made available from the retail transactions and use tax, the Authority shall make every effort
to maximize state and federal transportation funding to the region. The Authority may amend the Expendi-
ture Plan, in accordance with Section 8, as needed, to maximize the transportation funding to Contra
Costa County. The revenues shall be allocated in accordance with the Expenditure Plan subject to the
following provisions:
A. The revenues made available for specified highway, transit and trail projects and programs shall be
allocated in accordance with the Expenditure Plan, subject to the following provisions:
1. For all projects:
a. No revenues shall be allocated for any state projects until the Authority has certified
that Contra Costa is receiving, at a minimum, its fair share of funds from state and
federal sources for transportation projects and programs. The determination of fair
share shall consider all relevant factors including the degree to which the Contra Costa
region is receiving its statutory county minimum fundingfor all budgeted, expended, and
programmed state funds and federal funds available for capital projects and operating
subsidies. The policies and project approval actions of the California Transportation
Commission, the State Department of Transportation (hereafter referred to as Caltrans) and
the federal Department of Transportation (e.g. Federal Highway Administration and Urban
Mass Transportation Administration) will also be reviewed to ensure that Contra Costa is
receiving full consideration in the allocation of any additional uncommitted state and
federal funding. Part of the certification shall include a finding that the state has not
reduced any state fund allocations to the Contra Costa region as a result of the addition
of any local revenues as provided herein. The certification shall be made annually.
b. If the Authority finances the construction of transportation facilities by the issuance of
bonds or any, similar financing device, the Authority_ shall first allocate the funds
necessary to meet all debt service requirements.
C. Each project shall have a local jurisdiction(s) or special district as a sponsor of the
project. If there is no local jurisdiction or special district as a project sponsor for a
specific Project or Program, the Authority shall be the sponsor for that Project or
Program.
d. All state improvements to be funded with revenues as provided in this Ordinance, including
project development and overall project management, shall be a joint responsibility of
Caltrans, the Authority and the affected local jurisdiction(s) or special district(s).
All major project approval actions including the project concept, the project location,
and any subsequent change in project scope shall be jointly agreed upon by Caltrans, the
Authority and the project sponsors, and where appropriate, by the Federal Highway
Administration and/or the California Transportation Commission.
16 ORDINANCE
e. The Authority may use the proceeds of this Ordinance to accelerate projects which are
anticipated to be funded through the State Transportation Improvement Program (STIP). It
must be demonstrated by Caltrans that a meaningful acceleration can be accomplished using
Authority funds and the State must commit to refunding those proceeds in dollars or in the
acceleration or completion of other Expenditure Plan Projects and Programs and/or STIP
projects.
In the event that the refund of acceleration funds impact's the implementation of any
Expenditure Plan Project or Program, the Authority shall amend the Expenditure Plan under
Section 8.
f. Any local funds already allocated, committed or otherwise included in the financial plan
for any project on the Expenditure Plan shall be made available for project development
and implementation as required in the project's financial and implementation program. All
local jurisdictions and special districts are encouraged to seek all available funding
from private and public sources to further the purposes of the Expenditure Plan and this
Ordinance.
2. For Highway Projects:
a. Once any state highway facility or usable portion thereof is constructed to at least
minimum acceptable state standards, the state shall be responsible for the maintenance and
operation thereof.
3. For Transit Projects:
a. Prior to the construction of any transit facility or usable portion thereof, the Author-
ity, in cooperation with affected transit operators and agencies, shall determine the
entity to be responsible for the maintenance and operation thereof.
4. For Trail Projects:
a. Prior to the construction of any trail facility or usable portion thereof,'the Authority,
in cooperation with affected agencies, shall determine the.entity(ies) to be responsible
for the maintenance and operation thereof.
B. Funds made available for local street and road purposes shall be allocated annually to all local
jurisdictions on a formula basis for transportation projects. In addition to local street and road
projects and maintenance, funds may be used for subregional and regional transportation projects and
to meet the administrative requirements of the Growth Management Program. Funds shall be allocated
annually to each local jurisdiction, provided that the Authority finds the jurisdiction in compli-
ance with the Growth Management Program. Available funds will be allocated to eligible jurisdic-
tions as follows:
1. Each jurisdiction will receive a basic allocation of $50,000, and the remaining funds will be
allocated to jurisdictions by formula based fifty percent (50%) on current population and fifty
percent (50%) on maintained street and road mileage.
2. Population figures used shall be the most current figures available from the Department of
Finance. Road mileage figures shall be the most current figures from the State Controller's
Annual Report of Financial Transactions for Streets and Roads.
17 ORDINANCE
3. Any new incorporation or annexations which take place after July I of any fiscal year shall be
incorporated into the formula beginning with the subsequent fiscal year, providing there is
full compliance with all other sections of this Ordinance. The Association of Bay Area
Governments' population estimates of such new incorporation or annexations shall be used until
such time that Department of Finance population estimates are available.
C. Funds allocated for the Programs specified in the Expenditure Plan shall be allocated pursuant to
the following provisions:
1. Elderly and handicapped transit service These funds are intended to improve paratransit
service for elderly and handicapped persons, including additional service and new vehicles. To
stabilize the resources available for this program, the Authority, may manage funds allocated
for this program on a trust fund basis.
The Paratransit Coordinating Council shall develop a capital and,operating plan for Authority
approval prior to the allocation of any funds pursuant to this Ordinance. Only eligible
recipients of Transportation Development Act 4.5 funds are eligible to receive retail transac-
tion and use tax funds from the Authority.
2. Carpools, vanpools and park/ride lots. These funds are to be used to provide and promote use of
commute alternatives. On a grant basis, the Authority shall annually allocate one percent of
the net tax revenue to this program. Local jurisdictions and transit operators are eligible to
seek funds from this grant program.
3. Bus transit improvements and coordination In order to receive funds under this category, bus
operators and the Authority staff are to develop a coordinated program for submission to the
Authority. This program should encompass all areas of the county, should involve affected
jurisdictions, should focus on major commute corridors, and should work to provide a viable
alternative to the single-occupant vehicle for intra-county travel.
Projects funded through the Bus Transit Improvement and Coordination program shall include, but
are not limited to:
a. services designed to improve regional (defined by the Authority) travel and coordination
among eligible transit operators to strengthen the linkages between transit service areas
and linkages to rail stations in the county;
b. transit services along major commute corridors, such as Ygnacio Valley Road and Interstate
80, to assist in relieving peak-period traffic congestion;
C. transit services to assist in alleviating traffic during major highway construction
projects; and
d. focus on linkages between residential areas and job centers.
Projects, prior to approval by the Authority, must be endorsed by the transit operators'
governing boards and be included in the respective operators' annual operating plans. All
projects shall be subject to a public participation process and a financial capacity analysis
as required by the Urban Mass Transportation Administration (UMTA).
18 ORDINANCE
Projects submitted under the Bus Transit Improvement and Coordination Program will be evalu-
ated and reviewed by a Transit Council comprised of the General Managers (or his/her designated
representative) of the eligible applicants (AC Transit, Central Contra Costa Transit Authority,
Eastern Contra Costa Transit Authority, and Western Contra Costa Transit Authority) and the San
Francisco Bay Area Rapid Transit District as an ex officio member, and the Authority Executive
Director or his/her designated representative. On an annual basis, this Transit Council will
compile a recommended Coordinated Transit Proposal consisting of the selected projects for
Authority and respective policy Board approval.
The Authority shall assist with technical support to develop,, coordinate, and review the
Transit Council's Coordinated Service Proposal.
The Transit Council shall develop its administrative procedures, subject to approval by all
eligible operators' governing boards and the Authority. The Transit Council in conjunction
with the Authority shall be responsible for the development of evaluation criteria regarding
the continued funding of projects, on a project-by-project basis. Criteria may include:
Farebox Recovery Ratio
Passenger Boarding per Revenue Vehicle Hour
Operating Cost per Revenue Vehicle
Constrained Increases in Operating Costs
Transportation, Development Act Standard Performance Indicators
Cost per Revenue Vehicle Mile
Cost per Trip
Vehicle Hours per Employee
Trips per Revenue Vehicle Hour
Trips per Revenue Vehicle Mile
These funds must:
a. be spent to alleviate traffic congestion in Contra Costa;
b. be for the purchase and operation of transit vehicles;
C. be used for operations, maintenance, and capital programs; and
d. assist the operators in the implementation of developed plans.
Bus operators are responsible for funding their service commitments at the end of the period of
this tax. Bus operators are required to seek all funds available to support operations.
4. Regional Transportation Planning and Growth Management
The Authority shall provide a forum for the discussion and resolution of countywide transporta-
tion planning and related issues.
The Authority, through the retail transactions and use tax and any other available funds, shall
support the planning efforts of the Regional Transportation Planning Committees established
under the Authority and shall support efforts to develop and maintain an ongoing planning
process with the cities and the county through the funding and development of a Comprehensive
Transportation Plan.
The Authority shall coordinate its efforts with all appropriate and affected agencies in order
to assure that the retail transactions and use tax and other funds are used effectively to
develop and implement a comprehensive'transportation planning process in cooperation with the
cities and the county.
19 ORDINANCE
Regional transportation planning may also include studies of major new transportation facili-
ties and programs.
SECTION 6. TRANSPORTATION IMPROVEMENT PROGRAM PROCEDURES. It is the intent of
the Legislature and the Authority that revenues provided from this Ordinance be used to supplement
existing revenues being used for transportation improvements and programs. Each local jurisdiction
receiving Local Street Maintenance and Improvements funds pursuant to Section 5 shall meet the
requirements in that section.
Under state enabling legislation, a jurisdiction cannot redirect monies currently being used for trans-
portation purposes to other uses, and then replace the redirected funds with local street maintenance and
improvement dollars from the retail transactions and use tax. To meet the requirements of state law, a
jurisdiction must demonstrate maintenance of a minimum level of local street and road expenditures in
conformance with one of the requirements below.
A. The same level of local discretionary funds expended for street and road purposes as was reported in
the State Controller's Annual Report of Financial Transactions for Streets and Roads - Fiscal Year
1986-87.
B. If any local jurisdiction had extraordinary local discretionary fund expenditures during FY 1986-87,
it may use, as a base for determining the minimum level of local discretionary funds:
1. the average amount of such funds reported to the State Controller for the three-year period FY
1984-85 through FY 1986-87 or;
2. the net contribution obtained by subtracting those extraordinary expenses (including, but not
limited to SB 300 funds, assessment district contributions, development impact funds, redevelopment
agency contributions, or other non-recurring contributions) from its total expenditures; or
3. a petition to the Authority for special consideration. A local jurisdiction may need to revise
its minimum expenditure base beyond the subtraction of extraordinary expenses. In this instance, the
Authority may allow the establishment of a new base for that jurisdiction's maintenance of effort
requirement. A local jurisdiction petitioning the Authority under this provision must supply
evidence of the need for special consideration.
The use of provisions B. 1, 2, or 3 of this Section by a local jurisdiction shall be subject to Authority
approval.
The Authority shall annually update the base year and preceding three year base period for the establish-
ment of an annual minimum based on the information available from the State Controller's Annual Report
of Financial Transactions for Streets and Roads.
An annual independent audit may be conducted to verify that the Maintenance of Effort requirements were
met by the local jurisdictions. Any local jurisdiction which does not meet its Maintenance of Effort
requirement in any given year may have its Local Street Maintenance and Improvements funding reduced in
the following year by the amount by which the jurisdiction did not meet, its required Maintenance of
Effort. Such funds shall be redistributed to the remaining eligible jurisdictions.
20 ORDINANCE
SECTION 7. GROWTH MANAGEMENT PURPOSES AND PROCEDURES. In order to receive Lo-
cal Street Maintenance and Improvements Funds, local jurisdictions must meet the requirements of the
Growth Management Program. The specific requirements of the growth management program are described
in the Expenditure Plan which is considered a part of this Ordinance and hereby incorporated by reference
as if fully set forth herein. The Authority shall develop administrative requirements, in consultation
with local jurisdictions, to implement the Growth Management Program.
SECTION 8. AMENDMENTS TO THE EXPENDITURE PLAN. The Authority may annually review and
propose amendments to the Expenditure Plan to provide for the use of additional federal, state and local
funds, to account for unexpected revenues, or to take into consideration unforseen circumstances. The
Authority shall establish a process for proposed Expenditure Plan amendment(s) which ensures that the
affected Regional Transportation Planning Committee(s) participate in the development of the proposed
amendment(s). Upon completion of this process, amendment(s) to the Expenditure Plan must be passed by a
roll call vote entered in the minutes and must have a majority of the Authority concurring with the
proposed amendment(s). Subsequently, the Authority shall notify the Board of Supervisors, the City
Council of each city in the county and the Mayors' Conference and provide each entity with a copy of the
proposed amendment(s). Pursuant to Public Utilities Code 180207, proposed amendment(s) shall become
effective 45 days after notice is given, unless appealed under the process outlined in the following
paragraph. The Authority shall hold a public hearing on the proposed amendment(s) within this 45 day
period.
In the event that a local jurisdiction does not agree with the Authority's amendments(s), the
jurisdiction's policy decision-making body must, by a majority vote, determine to appeal and shall,
within 45 days after notice is given by the Authority, formally notify the Authority of its intent, in
writing via registered mail, to. obtain an override of the Authority's amendment(s). The appealing
jurisdiction will have 45 days from the date of its determination to appeal the proposed amendment(s) to
obtain resolutions supporting its appeal for an override of the amendment(s) from a majority of the
cities representing a majority of the population residing in the incorporated areas of the county and
from the Board of Supervisors. If a jurisdiction does not obtain the necessary resolutions supporting
its appeal, the Authority's amendment(s) to the Expenditure Plan will stand.
SECTION 9. AMENDMENTS TO THE ORDINANCE. With the exception of Section 3, which requires
a majority vote of the electors of the County of Contra Costa to be amended, this Ordinance may be
amended to further its purposes. The Authority shall establish a process for proposed Ordinance
amendment(s) which ensures that the Regional Transportation Planning Committees participate in proposed
Ordinance amendment(s). Upon completion of that process, amendment(s) to this Ordinance must be passed
by a roll call vote entered in the minutes and must have two-thirds of the Authority concurring with the
proposed amendment(s).
In the event that a local jurisdiction does not agree with the Authority's amendments(s), the
jurisdiction's policy decision-making body must, by a majority vote, determine to formally notify the
Authority of its intent, in writing via registered mail, to obtain an override of the Authority's
amendment(s). The appealing jurisdiction will have 45 days from the date the Authority adopts the
proposed amendment(s) to obtain resolutions supporting its appeal for an override of the amendment(s)
from a majority of the cities representing a majority of the population residing within the incorporated
areas of the county and from the Board of Supervisors. If a jurisdiction does not obtain the necessary
resolutions supporting its appeal, the Authority's amendment(s) to the Ordinance will stand.
SECTION 10. AUTHORITY COMMITTEES. It is the intent of the Authority to continue the committees
which were established as part of the Transportation Partnership Commission organization. The committees
are:
A. the Regional Transportation Planning Committees which were established to develop transportation
plans on a geographic basis for sub-areas of the County.
21 ORDINANCE
B. the Transportation Partnership Advisory Committee which will serve as the Authority's citizens
advisory committee;
C. the Technical Coordinating Committee which will serve as the Authority's technical advisory commit-
tee.
SECTION 11. PRIVATE SECTOR FUNDING. Revenues provided from this Ordinance shall not be
used to replace private developer funding which has been or will be committed for any project.
SECTION 12. BONDING AUTHORITY. "Pay as you go" is the preferred method of financing trans-
portation improvements and programs. However, the Authority may use bond financing as an alternative
method in the event that the scope of planned expenditures makes "pay as .you go" financing infeasible.
Upon voter approval of the Ordinance, the Authority shall have the authority to issue bonds payable from
the proceeds of the tax for the construction of needed transportation facility improvements. The
Authority, in allocating the annual revenues from the Ordinance, shall meet all debt service requirements
prior to allocating funds for other projects.
SECTION 13. ADMINISTRATIVE EXPENSES. Revenues may be expended by the Authority for sal-
aries, wages, benefits, overhead, auditing and those services including contractual services necessary to
administer the Ordinance; however, in no case shall the annual expenditures for the salaries and benefits
of the staff of the Authority exceed one percent of the annual revenues provided by the Ordinance. Costs
of performing or contracting,for project related work shall be paid from the revenues allocated to the
appropriate purpose as set forth herein.
An annual independent audit shall be conducted to assure that the revenues expended by the Authority
under this section are necessary and reasonable in carrying out its responsibilities under the Ordinance.
SECTION 14. ESTABLISHMENT OF SEPARATE ACCOUNTS. The Authority shall allocate funds to Ex-
penditure Plan Projects and Programs as necessary to meet contractual_and program obligations. The
Authority may allocate funds as described but may reserve the right not to disburse monies until needed
to meet contractual project or program obligations, exclusive of the Local Street Maintenance and
Improvement Funds. Each agency receiving funds from this Ordinance shall deposit said funds in a
separate interest bearing Transportation Improvement Account. Any interest earned on funds allocated
pursuant to this Ordinance shall be expended only for those purposes for which the funds were allocated
or shall be returned to the Authority. The Authority reserves the, right to audit such accounts.
SECTION 15. IMPLEMENTING ORDINANCES. Upon approval of this Ordinance by the voters
the Authority shall, in addition to the local rules required to be provided pursuant to this Ordinance,
adopt implementing ordinances, rules and administrative procedures, including Authority terms of office,
and take such other actions as may be necessary and appropriate to carry out its responsibilities to
implement the Contra Costa Transportation Improvement and Growth Management Expenditure Plan.
SECTION 16. EFFECTIVE AND OPERATIVE DATES. This Ordinance shall become effective on No-
vember 8, 1988 only if a majority of the electors voting on the Ordinance at the election held on
November 8, 1988 vote to approve the Ordinance. If so approved, the provisions of this Ordinance shall
become operative on April 1, 1989.
SECTION 17. DESIGNATION OF FACILITIES. Each project or program in excess of S250,000 funded
in whole or in part by revenues from the Ordinance shall be clearly designated in writing via signs
and/or documents, during its construction or implementation as being funded by revenues from the
Ordinance.
22 ORDINANCE
SECTION 18. CONTRACTS, LOCAL PREFERENCE. It is the preference of Authority, where feasible,
and allowed under applicable law, to contract with Northern California organizations and businesses and
to maximize contract opportunities for minority and women owned businesses. The Authority shall develop
administrative procedures for contracts.
SECTION 19. SEVERABILITY. If any section, part, clause or phrase of this Ordinance is for any reason
held invalid or unconstitutional, the remaining portions shall not be affected but shall remain in full
-force and effect.
If a state law is passed in the future which prevents local jurisdictions from establishing standards for
any of the six Growth Management Performance Standards in the Authority's Growth Management Program,
the Authority may elect to delete or modify the requirements for that Performance Standard.
SECTION 20. ANNUAL APPROPRIATIONS LIMIT. Article XIII(B) of the California Constitution re-
quires the establishment of an annual appropriations limit for certain governmental entities. The max-
imum annual appropriations limit for the Authority has been established as $ 765 million. The-
ap-propriations limit shall be subject to adjustment as provided by law. All expenditures of the retail
transactions and use tax revenues imposed in Section 3 are subject to the appropriations limit of the
Authority.
SECTION 21. COORDINATION. The Authority shall consult and coordinate its actions to secure fund-
ing for the completion and improvement of the priority regional projects with the California Transporta-
tion Commission, transit operators and other interested and affected parties for the purpose of
integrating its transportation improvements with other planned improvements and operations impacting the
county. In addition, the Authority shall seek all ways to expedite the completion of Expenditure Plan
projects, the implementation of which is the responsibility of other agencies. Use of acceleration as
described in Section 5.A.l.e as well as supporting and advocating for Caltrans to contract out are both
means through which the Authority can work to achieve timely project implementation.
SECTION 22. ALLOCATION OF RELEASED FUNDS. If additional funds become available for a specific
projector projects on the Expenditure Plan, the Authority may reallocate the retail transactions and use
tax funds released by the receipt of those additional funds. In the allocation of the released funds,
the Authority shall give first priority to Expenditure Plan Projects and Programs which provide conges-
tion relief in the geographic region which received the additional funds. Second priority shall be given
to other projects and programs within the affected geographic region which may be placed on the
Expenditure Plan through the amendment process described in Section 8. Third priority shall be given to
all other Expenditure Plan Projects and Programs. Fourth priority shall be given to other projects of
regional significance which maybe placed on the Expenditure Plan through the amendment process described
in Section 8.
SECTION 23. ALLOCATION OF EXCESS FUNDS. In the event, that the retail transactions and use tax re-
venues generated by this Ordinance are greater than projected or contingency fund requirements are less
than projected, the Authority may allocate those excess funds. Determination of when the contingency
funds become excess funds shall be established by a process to be developed by the Authority.
In the allocation of excess funds, the Authority shall give first priority to Expenditure Plan Projects
and Programs, and second priority to other projects of regional significance which are consistent with
the Comprehensive Transportation Plan of the Authority and may be placed on the Expenditure Plan through
the amendment process described in Section 8.
SECTION 24. TRANSPORTATION AUTHORITY EMINENT DOMAIN. The Authority will not use
its power of eminent domain as provided in Public Utilities Code Section 180152.
23 ORDINANCE
SECTION 25. SUNSET OF THE AUTHORITY. . In the event that this Ordinance does not succeed
in obtaining a majority of the vote of the electorate at the November, 1988 election, the legal entity
known as the Contra Costa Transportation Authority will sunset within 30 days after the election.
SECTION 26. CALDECOTT TUNNEL. The Authority shall make every effort to secure state and/or fed-
eral funds to increase the capacity of the Caldecott Tunnel. The Authority shall work with other
affected jurisdictions, particularly Alameda County and the City of Oakland to assist this effort. The
Authority may, subject to the provisions of this Ordinance, loan funds to the State of California to
commence the preliminary planning for this project.
SECTION 27. MAJOR ARTERIALS. The Southwest Regional Transportation Planning Committee will
determine the financial programming of the Major Arterials -- Southwest Region Project. For the South-
west Arterial Projects, it is the intent of the Authority that local jurisdictions give priority to the
following projects: Widen San Ramon Valley Blvd. from Hartz to Alcosta; widen Dougherty Road from the
County line to Crow Canyon Rd.; widen Crow Canyon Rd. from the County line to Bollinger Canyon Rd.;
widen and eastbound Route 24 off-ramp at Brookwood and upgrade signals; and improve the St. Marys Rd.-
Glenside Dr.-Reliez Station Rd. corridor.
For the 1-680 Corridor project, the central county Regional Transportation Planning Committee
(TRANSPAC) may use up to $20 million of I-680 central county funds for improvements to arterials.
TRANSPAC will determine the programming of these funds.
SECTION 28. DEFINITIONS.
A. Authority. Means the Contra Costa Transportation Authority. The Contra Costa Transportation
Partnership Commission has been designated as the Contra Costa Transportation Authority by the
Contra Costa County Board of Supervisors with the concurrence of a majority of the cities having a
majority of the population within the incorporated area of the County.
B. Bicycle and Pedestrian Trail Facilities. Means all purposes necessary and convenient to the design,
right-of-way acquisition and construction of facilities intended for use by bicycles and pedestr-
ians. Bicycle facilities shall also mean facilities and programs which help to encourage the use of
bicycles such as secure bicycle parking facilities, bicycle promotion programs and bicycle safety
education programs.
C. Bonds. Means indebtedness and securities of any kind or class, including but not limited to bonds,
notes, revenue anticipation notes, commercial paper, and certificates of participation.
D. Comprehensive Transportation Plan. Means the long-range transportation planning document pre-
pared and adopted by the Authority.
E. Expenditure Plan. Means the expenditure plan required by Section 180206 of the Public Utilities
Code to be adopted prior to the call of an election on this Ordinance. The expenditure plan
includes the allocation of revenues for each authorized purpose.
F. Highways and Arterials. Means all purposes necessary and convenient to the design, right-of-way
acquisition, and construction of highway and arterial street facilities, including all interstate
highway routes and any other facilities so designated in the Expenditure Plan.
G. Local Street Maintenance and Improvements. Means all purposes necessary and convenient to the
maintenance, operation and construction of local streets and roads and transit purposes. Local
street and road purposes shall include all purposes allowable under Article XIX, Section 1(a)
of the State Constitution.
24 ORDINANCE
H. Transit. Means all purposes necessary and convenient to the construction, operation and mainte-
nance of transit services and facilities including the acquisition of vehicles and right-of-way.
Transit services include, but are not limited to, bus, light rail, rapid transit and commuter rail
services and facilities.
25 ORDINANCE
PASSED AND ADOPTED by the Contra Costa Transportation Authority, the 3rd day of
August, 1988 by the following vote:
AYES: Sharon Brown, Taylor Davis, Cathryn Freitas, Beverly 'Lane, David MacDiarmid,
Anna McCarty, Sunne Wright McPeak, Ed Skoog, Tom Torlakson, Avon Nilson,
and Ronald K. Mullin, Chair
NOES: None
ABSENT:None
/s/ Ronald K. Mullin
Chair
August 3. 1988
Date
'26 ORDINANCE
ACKNOWLEDGEMENTS
TRANSPORTATION PARTNERSHIP ADVISORY CONINUTTEE
The following members of the Transportation Partnership Advisory Committee assisted in the development of
the Contra Costa Transportation Improvement and Growth Management Expenditure Plan.
CHAIR: Byron Campbell
Louise Aiello (County Planning Commissioner)
Frank Baker (Paratransit Coordinating Council)
Guy Bjerke (Chambers of Commerce)
Ron Berkhimer (Contra Costa Taxpayers Association)
Alternate: Don Christen
Byron Campbell, Chair (Residents for a Better Contra Costa)
Alternate: Colleen Coll
Ernestine DeFalco (League of Women Voters)
Alternate: Nancy Oswald
Ed Dimmick (Citizens for a Better Walnut Creek)
Alternate: Peggy Cappiali
Bob Doyle (Save Mt. Diablo)
Alternate: Mike Gleason
Joseph Duarte (Farm Bureau)
Mark Evanoff (People for Open Space)
Alternate: Kent Fickett
Lou Ferrero (Contra Costa Office on Aging)
Alternate: Roberta Lumb
Kevin Garrett (City of Hercules)
Gary Gibbs (Coalition of Labor and Business)
Peter N. Hellmann (Building Industry Association).
Alternate: Rich Jensen
Darlyne Houk (Contra Costa Board of Realtors)
Alternate: Roy McKinney
Neal Johnson (Western Contra Costa Transportation Advisory Committee)
Sarge Littlehale (Southwest Regional Planning Committee)
Alternate: William C. Rust, Jr.
Steve Ohmsted (East County BART Coalition/Highway 4 Task Force)
Peter Oswald (Contra Costa Council)
Alternate: Darryl A. Foreman
Steve Roberti (Central Labor Council)
Alternate: John A. Matheis
Phyllis Roff (TRANSPAC)
Keith Samson (Industrial Association)
Laura Selfridge (Sierra Club)
Alternate: Michele Perrault
Tim Tinnes (Organization to Save Our Communities)
Alternate: Bruce Benzler
Brian Way (Oakley Municipal Advisory Council/TRANSPLAN)
Alternate: Richard Dillon
27
TECHNICAL COORDINATING C0MMITTEE
The following members of the Technical Coordinating Committee assisted in the development of the Contra
Costa Transportation Improvement and Growth Management Expenditure Plan.
CHAIR: Stanford Davis
Phil Agostini, Public Works Department, City of San Ramon
Stanford Davis, Chair, Public Works Director, City of Antioch
Tony Donato, City Manager, City of Pittsburg
Anne Drew, Transit Manager, Eastern Contra Costa County Transit Authority
(Tri-Delta Transit)
Hilmer A. Forsen, Senior Transportation Engineer, State Department of
Transportation District 4 (Caltrans)
Dale Fousel, Access Coordinator, Bay Area Rapid Transit District
Al Jelton, Public Works Department, City of Richmond
Roy Parker, Dean Howland, Public Works Department, City of Concord
Frank Kennedy, City-County Engineer's Liaison, City Engineer, City of Walnut
Creek
Doug Kimsey, Assistant Transportation Planner, Metropolitan Transportation Commission
Steve Lake, Public.Works Director, City of Danville
Don Larson, AC Transit.
Alternate: Peter Tannen
Marilyn Leuck, City Manager, City of Hercules
Barbara A. Neustadter, Commission Executive Staff
Alternate: Robert Chung
Jim Robinson, City Manager, City of San Ramon
Ron Serviss, Transit Manager, West Contra Costa Transit Authority
Maurice Shiu, Assistant Public Works Director, Contra Costa County
Alternate: Robert Faraone
John Sindzinski, Contra Costa County Transit Authority
Alternate: Mallory Nestor
Mike Uberaga, City Manager, City of Concord
COMMISSION. STAFF
Commission Staff members were loaned to the Commission by Contra Costa County and the City of Concord
to assist in the development of the Transportation Improvement and Growth Management Program.
Barbara A. Neustadter, Executive Staff, County
Robert Chung, Senior.Staff, County
Gregory R. Gleichman, Senior Staff, County
Laurel Weil, Commission Counsel, Concord
Diane S. Page,. Secretary, County
The Transportation Partnership Commission would like to acknowledge the Contra Costa Council's generosity
for providing funding to secure secretarial services and to Smith, Gray and Company for their assistance
in the development of this program.
LO
ATTACHMENT C
Contra Costa County IV. Growth Management Element
Planning Commission Hearing Draft General Plan March, 1989
IV. .GROWTH MANAGEMENT ELEMENT
Table of Contents
Page
Introduction 105
Adoption of Performance Standards 107
Land Supply/Development Monitoring Analysis 107
Performance Standards Evaluation and
Infrastructure Constraints Analysis 112
Jobs/Housing Performance Evaluation 114
Interjurisdictional Coordination and
Decision-Making . 114
Growth Management Determinations 115
Definitions of "Urban," "Suburban," etc. 116
i
103.
Contra Costa County IV. Growth Management Element
Planning Commission Nearing Draft General Plan March, 1989
104.
Contra Costa County IV. Growth Management Element
Planning Commission Hearing Draft General Plan March, 1989
CHAPTER IV
GROWTH MANAGEMENT ELEMENT
Introduction
This growth management program for Contra Costa County, included in the General
Plan as a separate element, is primarily intended to implement the General Plan
goal of providing for the public health, safety and welfare of its residents by
preserving "quality of life". For purposes of this program, "quality of life" is
defined as a given level of public amenity, service and facility capacity that
Js to be- maintained for existing developments as well as provided for future
development. Performance objectives included in this growth management program
address these minimum infrastructure and service standards which must be met in
order for growth to proceed. Land may not be eligible for development, even if
it is properly designated and zoned, unless the performance standards of key
controlling factors can be met.
This growth management program is -intended to begin to incorporate the
requirements set forth in Measure C, the Contra Costa County Transportation
Improvement and Growth Management Program, passed by the voters in November,
1988. The measure consists of two main components. First, it establishes a
retail transactions and use tax (a half cent sales tax) to generate funds to
alleviate major existing regional transportation problems, with a portion of the
funds to be returned to local jurisdictions. Second, the measure requires local
jurisdictions to adopt growth management programs that ensure future residential
and commercial growth pays for the infrastructure that is required to serve the
development. The return of local discretionary funds to each jurisdiction is
contingent upon adoption of a growth management program.
In order. to . successful ly- implement this program, Contra Costa must establish a
new city-County growth management decision-making pro cess. ;Such a process of
interjurisdictional decision-making is not in existence anywhere else in the
State; the establishment of_ one in Contra Costa County will be a . pioneering
effort.
Under this joint decision-making process, the County should negotiate agreements
with the cities to prevent development from occurring within each of the city
Spheres of Influence unless several items have been adopted: a city-County
growth management plan with performance standards; a city- Housing. Element which
provides for an appropriate jobs/housing balance for the sub-region;. and a
growth metering process and procedure for the region.
In order to implement the growth management program, five specific elements or
technical tasks must be carried out.- A flow chart illustrating the sequence of
these tasks is included as Figure IV-1. The tasks are:
(1) a landsupply and development monitoring process;
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106
Contra Costa County IV. Growth Management Element
Planning Commission Hearing Draft General Plan March, 1989
(2) periodic review of performance standards and monitoring of
infrastructure constraints;
(3) interagency coordination and decision-making to provide information
forthe first two tasks and successfully implement the overall growth
management program;
(4) , a jobs/housing performance evaluation to determine their relative
balance within each sub-region of the County; and
(5) growth management determinations, a process which identifies growth
areas capable and incapable of meeting performance standards, and
directs resources to overcoming any constraints.
These components are described in detail below.
Adoption of Performance Standards
The first step in the growth management program process is actually completed
prior to the initiation of the five ongoing elements of the process. This step
consists of the adoption of performance standards for public facilities and
services in the County's General Plan.
New development shall not be approved in unincorporated areas unless the
applicant can provide the infrastructure which meets the performance standards
outlined• in Table IV-1, or unless a funding mechanism has been established which
will provide the infrastructure- to meet the. standards at - the time the
development occurs. In addition, . the performance standards must be maintained
throughout a project's development and economic life.
The traffic level of service (LOS) standards as applied to different types of
land uses ("urban," "rural ," etc. ) in Table IV-1 are consistent with those
categories established in Measure C. As part of the implementation of this
growth management program, staff will prepare a detailed analysis of land use
intensities in different parts of the County, using the Land Use Information
System already developed for the General Plan Review program.
If the levels of service are not maintained or guaranteed prior to project
approval, development shall be: temporarily deferred until the standards can be
met or assured as a condition or approval . Projects which do not meet the
standards shall be scheduled for hearing before the appropriate hearing body
with a staff recommendation for denial , on the grounds that the project is
inconsistent with the goals, policies, and objectives of the Countywide General
Plan.
Land Supply/Development Monitoring Analysis
The second step in the growth management process, an analysis of land supply and
development monitoring, will commence at the beginning of each calendar year.
Annual status reports on the implementation of the General Plan. and its growth
!; management program will be submitted to the Board of Supervisors and City
Councils in June. This status report will fulfill the requirements of Government
107.
Contra Costa County IV. ' Growth Management Element
Planning Commission Hearing Draft General Plan March, 1989
Table IV-1
Growth Management
Performance Standards _.
Traffic Zone Management
Rural Areas: -Peak-Hour Level of Service (LOS) of low C
(Volume/Capacity Ratio= .70-.74)
Semi-Rural Areas: Peak Hour Level of Service (LOS) of mid C
(Volume/Capacity Ratio= .74-.79)
Suburban Areas., Peak-Hour Level of Service (LOS) of mid D
(Volume/Capacity Ratio= .80-.84)
Urban Areas.: Peak Hour Level of Service (LOS) of high D .
(Volume/Capacity Ratio= .85-.89)
Central Business Peak Hour .Level of Service (LOS) of mid ,E
Districts (CBD): (Volume/Capacity Ratio= .90-.94)
Ln the event`'`'that`"an intersecti`hn:`6i portion of roadway exceeds the
• ` � ��appl'i cabl e� servi'ce°� standards, . the{"deGi si on'=making 'body shal l`j.'deny � `r '� `'
the Yproject:x'wrtFiou't J pre7udi'ce `unless it' can~" `e'ith`er"` estabTish
approp'ri ate ymi ti pati on' measures, or'determthre4'that, the i ntersecti on� or
.portion of roadway is subject to a finding of special circumstances,
consistent with those findings adopted by the Contra Costa County
Transportation Commission pursuant .to Measure C.
r
108.
Contra Costa County IV. Growth Management Element
Planning Commission Hearing Draft General Plan March, 1989
.r
i Table IV-1
(continued)
Water
Verification by the appropriate water agency that adequate water
quantity and quality can be provided shall be required for approval of
new development. Project approvals shall include a finding based upon
the agency verification that capacity within the system to serve the
specific development project exists if the project is built within a
period of time specified by the agency, or capacity will be provided
by a funded program or project condition of approval .
Sanitary Sewer
Verification by the appropriate sewer agency that adequate sewage
collection and wastewater treatment capacity can be provided, shall be
required for approval of new development. 1OW /OX10104 /eWOti
/WWO11 Arid 1 HOA10109/$WUOXO/0WOt i 1001
00140AOXf 001 Project approvals shall include a finding based upon
the agency verification that capacity within the system to serve the
specific development project exists if the project is built within a
period of time specified by the agency, or capacity will be provided
by a funded program or project condition of approval .
Fire Protection
A maximum running time of 3 minutes, and/or 1.5 miles from the
first-due station, and a minimum of 3 fire fighters, shall be
maintained in all central business districts, urban and suburban
areas. In addition, a total response time (dispatch, plus running plus
set-up time) of 5 minutes shall be maintained in' CBD, urban and
suburban areas for 90% of all emergency responses.
Public Protection
A sheriff protection service standard of 1.5 patrol officers per 1,000
residents within unincorporated portions of the County shall be
achieved. A maximum response time goal for priority 1 and 2 calls of 5
minutes shall be used by the sheriff when making staffing and beat
configuration decisions.
109.
Contra Costa. County IV. Growth Management Element _
Planning Commission Hearing Draft General Plan March, 1989
Table IV-1
(continued)
Parks and Recreation
Neighborhood parks:. 2.5 acres required per 1,000 population.
Community.parks: 1.5 acres required per 1,000 population.
Flood Control and Drainage
Require major new development to finance the full costs of drainage
improvements necessary to accommodate peak flows due to the project.
Limit development within the 100 year flood plain until a flood
management pian has been .adopted and implementation is assured. For
mainland areas along. rivers and bays, it must be demonstrated that
adequate protection exists through levee protection or change of
elevation prior to development. Development shall not be al1owed ' in
flood prone areas designated by the Federal Emergency Management
Agency until a risk assessment and other technical studies have been
performed. _..
Other services
The- General .Plan -also includes specific policies, as opposed to
performance: standards,Zwki'chk;addr.ess 1,,o the wr-services or; faciilJties, such ..
.. as:
child _care schools
solid waste public transit
hazardous waste airports/heliports
scenic routes ports/wharves
railroads public meeting space
libraries
110.
Contra Costa ,County IV. Growth Management Element
Planning Commission Hearing Draft General Plan March, 1989
Code 65400 (b) in the State planning and zoning laws, which requires that every
city and County must prepare an annual report to the City Council of Board of
Supervisors which summarizes the status of the General Plan and the progress
that has been made .in its implementation. The subsequent steps in the process,
commencing with the performance standards evaluation, will occur on a five year
cycle.
The land supply and development monitoring process is a two-part component
designed as the basis for the periodic re-examination of lands available in the
County for urban development. The availability of developable lands is then
contrasted against the actual rate of growth which has been measured over the
most recent period. In essence, this component is a land supply and demand
tracking process. This process is designed to work in tandem with the other four.
components (performance standards/infrastructure constraints analysis, inter-
jurisdictional coordination, . jobs/housing balance analysis, and growth manage-
ment determinations) in order to obtain an updated, working perspective of the
current capacity of the County to accommodate growth.
The land supply and development monitoring process is prepared in an objective
fashion by staff, using a set methodology defined and agreed to by the jurisdic-
tions involved (the County, the 18 cities, the Local Agency Formation. Commission
(LAFCO) and the individual service providers) . The re-examination of the land
supply (initially set by the General Plan Review Program). will occur on an
annual basis, in concert with the State Population Certification program which
is already conducted jointly between the County and city, planning departments.
(This existing program involves each jurisdiction reporting to the County the
number of housing completions in each census tract during the calendar year. )
Using a standard format"Mand` methodol"ogy should - provide'' a hi`g'W degree of
confidence in the process and the established annual schedule should alert the
development interests, city agencies, and special districts as to when their
contribution will be critical . At the- beginning of each annual cycle, formal
notification will be given to each of the cities informing them that the land
supply and development monitoring process is being initiated and requesting
their active participation and cooperation.
The Land Use Information System (LUIS) , developed in 1987 by County and city
planning staffs and consultants for the General Plan Review Program, provides
the foundation for tracking overall land supply, land absorption, and changing
land uses in the County. The specific questions that must 'be answered during
this process with the use of the updated LUIS data system are:
o how many acres of vacant land in the County,. specified by land use
type, are identified as ,available for development?
o what changes have occurred in these numbers since the. previous
evaluation?
o how many acres of underutilized or previously developed land are
available for redevelopment?
o how many acres of land County-wide have been identified as unavailable
1 for development based upon environmental , health and safety, public
resource, or other conditions?
111.
Contra Costa County IV.. Growth Management Element
Planning Commission Hearing Draft General Plan March, 1989
The County Community Development Department staff will prepare a report which
examines the absorption rate (i .e. approved development projects) and the
General Plan Amendment requests that have been received. The report on the
status of development areas will rely upon residential and commercial/industrial
building permit and other project approval information from the cities. This
permit approval and General Plan Amendment application information will then be
compared to the expected rate of residential and job growth projected for the
jurisdiction over the planning period by the respective General Plans. The
annual report will be forwarded to- decision-making- bodies for use in reviewing
further General Plan Amendments-which would alter the land supply component.
Performance Standards Evaluation and Infrastructure
Constraints Analysis
While the second component of - the growth management program (land supply and
development monitoring) will be prepared on an annual basis, the final four
components will be performed only once every five years. The data and analysis
generated in the annual land supply and development monitoring. reports will be
aggregated for use in the tasks outlined in the following processes.
The intent of this third component of the growth management program, performance
standards and infrastructure ` capacity evaluation, is to, re-examine minimum
allowable service standards for development projects set in the General Plan,
and to determine the remaining available capacities of certain infrastructure
facilities.
-" The`growth management _program for!.the Contra- Costa' County General .Pl.an6 mandates
the establishment of infrastructure-=performance'"standaras.'Tor several',``di.ffe`rent '
services or facilities, including circulation (traffic) , sanitary sewage, flood
control and drainage, water supply, police and. fire protection and emergency
services, and parks and recreation. These standards and policies attempt to
define a quality of life by setting benchmark indicators of the minimum levels
of service required for specific urban services. New, development within
unincorporated areas of the County will not be approved unless the standards and
criteria are met, or can be assured of being met prior to issuance of building
permits.
In general , the County's growth management program relies on the individual
service providers to judge and set standards appropriate to their service area.
It should be noted that most special service districts operate' independently of
the County, and therefore are accountable only to their governing boards and,
ultimately, the electorate. Every five years the performance standards would be
reviewed by staff and the service providers by examining prior experience in
approving or denying development applications based upon the districts' ability
to serve. In addition, the service districts would be provided .an opportunity to
explain why certain standards are not being met and to explore measures to be
taken to alleviate the situation. This information would then be used to
evaluate whether the standards for the current review period were appropriate.
112.
Contra Costa County IV. Growth Management Element
Planning Commission Hearing Draft General Plan March, 1989
The second major task to be completed during this phase of the; growth management
program is an evaluation of the remaining infrastructure capacity in various
areas of the County. Part of this evaluation will determine where and why
certain existing- urbanized areas are not -being adequately served. The assumption
is that adequate infrastructure capacities can be engineered and built to serve
virtually any amount and location of growth, but that opportunities exist to
plan for cost effective and efficient growth in areas where underutilized
infrastructure capacities already exist or where the extension of services is
relatively unconstrained compared to other areas.
The basic data requirements of this portion of the process include:
o a determination of the. remaining capacity for each facility or service
provider based upon the defined performance standards, ''and identification
of the geographic areas that could be served by the capacity;
o an itemization of funded infrastructure improvement projects, their
location and expected date of. completion, and the service area or
population they are designed -to serve;
o identification of urbanized areas. with inadequate service, as defined by
the adopted service standards;
o an itemization of the major capital improvements not now funded but needed
to bring existing areas into compliance with the service standards;
o. ..itemization of. major.. cap.ital.. :improvements. necessary to, serve anticipated
future.. development,, t; .th'e:.;adop.ted..,service: level ,,,and.- the cost:`of these
improvements;
o identification of- major physical , economic and/or environmental
constraints to the provision of service in a given area;
and
o identification of possible sources of fund.ing for the improvements.
The object of the data gathering is to illustrate where future growth can and
cannot occur without major investment in new or improved infrastructure systems,
and to identify the level and source offinancing required. Additionally, the
"
exercise will allow the preparation of estimates of future required capacity
based upon the performance standards. One . outcome of this :process will be to
provide the service agencies with up-to-date_ information concerning where future
growth is expected to occur, thus assisting in their capital facilities planning
efforts.
To ensure that high density "leapfrog" growth does not occur, as a matter of
policy, this growth management program mandates that new urban and central
business. district levels of development shall not be approved unless the
development is within planned growth areas and is contiguous to existing or
committed urban and central business district levels of development, respec-
tively.
113.
Contra Costa County IV. Growth Management Element
Planning Commission Hearing Draft General Plan March, 1989
Jobs/Housing .Performance Evaluation
The purpose of this step is to provide a basis for assessing the jobs/housing
balance within each section of the County for the current five year review
cycle, to assist the jurisdictions in the sub-regions in determining preferred
locations for residential and employment growth, and to assist in focussing the
direction of implementation programs.
The jobs/housing balance evaluation is based upon the County's Land Use
Information System "data ' base, 'augmented by the information provided in the
development monitoring evaluation. The evaluation considers growth in housing
units and employment and housing and employment availability, relative
affordability and commute patterns, and to the extent that the data are
available, price of the units and wage levels of the jobs added.
The jobs/housing performance evaluation will be used to identify areas where
Jobs or housing should be stimulated and encouraged. It would also be used to
provide information about areas in which infrastructure deficiencies need to be
corrected in order to facilitate a better jobs/housing balance.
Interjurisdictional Coordination and Decision-Making
The growth management program outlined here will not succeed without the
cooperation and active participation of the County, the Local Agency Formation
Commission, the 18 cities, and the service providers. These agencies and cities
may view cooperation with the County'.s management program as a threat to their
1"ocal '"authori ty over., 1 an'dr useyr ora other ,growth ---issues The County.' s efforts to.
achieve co"operat;on"'`must''be" ai'med'"at-'oeesuading the -crties and' "agencies that the
growth management program will ultimately enhance their ability to meet their
own General Plan goals. In addition, the County will participate in the
cooperative planning process established by the County Transportation Commission
for the purpose of reducing the cumulative regional traffic impacts of
development.
Interjurisdictional cooperation would not require all of the cities and agencies
to adopt the same goals, policies and implementation measures as will be
included in the County' s General Plan and growth management program. However, it
would be desirable for the County to request that the cities and agencies adopt
resolutions that specifically recognize and accept the management program and
its premise.
A key commitment by the jurisdictions involves the dedication of a relatively
small , but adequate, level of staff time to assist the County in gathering the
required data for the necessary planning studies. Additional commitments must be
made on the part of policymakers and staff to review the annual land supply and
development monitoring reports, consider them when making important planning
decisions, and to actively participate in the growth management determination
process every five years.
114.
Contra Costa County IV. Growth Management Element
Planning Commission Hearing Draft General Plan March, 1989
Growth Management Determinations
Building upon the preceding components. of the growth management program, the
final aspect of the process involves using the reports that have been generated
to make the important decisions about where future growth in the County should
be encouraged in order to minimize infrastructure costs and to enhance the
overall level of "quality of life". The process for making these determinations
is as important as the determinations themselves. The process can help to
achieve consensus among cities and service providers as to appropriate amounts
and locations of new residential , commercial and industrial growth in the
County. The growth management determination process should include the following
steps, several of which are based upon information developed in the previous
components of the program: "
o indicate on a County General Plan map the current city boundary lines,
Spheres of Influence, and current service areas for all of the major
utilities/facilities;
o add to the base map information regarding improvements or extensions
to service systems that have been completed since the last review
period or improvements itemized in capital improvement programs, as
well as constructed and approved development projects and adopted
General Plan Amendments;. ,
o identify lands that have been determined to be undevelopable;
o,.:; •. •identify--- -on.- :-the- map,. ;the. geographic areas with infrastructure
`•constraints. and the:.Rl ota`ti ons<,:of_= Bevel opmen:t ,projects. than: have been
denied due to failure to meet service standards;
o review the annual land supply and developmentmonitoring reports in
conjunction with the performance standards and infrastructure
constraints analysis reports to determine whether an adequate supply
of vacant land is designated for urban use in the County and city
General Plans, on both a Countywide and subregional basis, to allow
the anticipated amount of urban development during the remainder of
the twenty year period.
Growth management determinations shall be made in cooperation with the County
Transportation Commission. In addition, it is anticipated that these growth
management determinations will be made in a series of joint meetings conducted
on a subregional basis with representatives of the cities, the Local Agency
Formation Commission, and the service districts. Staff will present the base map
and accompanying reports to the County and city Planning Commissions, LAFCO and
service district boards, with a request that the agencies review the
recommendations and make formal comments. After this review period is complete
and appropriate changes, if needed, have been made, the map and reports will be
recirculated to all. of the jurisdictions in the County. The final action will be
to request that the cities, LAFCO and service providers adopt resolutions in
support of the recommendations and to initiate any General Plan Amendment
hearings which may result from the review process.
115.
Contra Costa County IV. Growth Management Element
Planning Commission Hearing Draft General Plan March, 1989
Definitions of "Urban," "Suburban," etc.
The following definitions apply to the geographic terms used `in the growth
management program, as well as in other sections of this General Plan.
Rural
Rural areas are defined as generally those parts of the County that are
designated in the General Plan for agricultural , open space or- very low density
residential uses, and which- are characterized by medium to very large parcel
sizes (10 acres to several thousand acres) . These areas have very low population
densities, usually no more than 1 person per acre or 500 people per square mile.
Semi-Rural
Semi-rural areas are defined as generally those parts of the County that are
designated in the General Plan for agricultural , open space or very low density
residential uses, with predominant parcel sizes down to as small as 2 to 3
acres. These areas may support viable agricultural operations, but the
operations generally occur on small to medium sized lots. The areas are. also
characterized by clusters of farm housing or very low density "ranchette"
development. The population densities in these areas usually range between 500
> to 1,000 persons per square mile (1.0 to 1.5 persons per acre) .
Suburban
Suburban areas. are, defined as generally those parts of the County that are
-" desi-gnated in the General;`Plan'for'"how'.and medium--,density, single family homes; .
low density`"'multip'1e� fami'l'y°'Yr'e's`iden'ces,t��low'°£`dens ,ty�-�neighbor-.fiood and '.•
community-oriented commercial/industrial uses; and other accompanying uses.
Individual structures in suburban areas are generally less than 3 stories in
height and residential lots vary from about one fifth of an acre (8,000 or 9,000
square feet) up to 2 'or 3 acres. Population densities in suburban areas fall
within a wide range, from about 1,000 to 7,500 persons per square mile (1.5 to
12.0 people per acre) .
Urban
Urban areas are defined as generally those parts of the County that are
designated in the General Plan primarily for multiple family housing, with
smaller areas designated for high density single family homes;. low to moderate
density commercial/industrial uses; and .many other accompanying uses. Urban
areas usually include . clusters of residential buildings (apartments and
condominiums) up to three or four stories in height and single family homes on
relatively small lots. Many commercial strips along along major arterial road
are considered urban areas.
Examples of urban areas in Contra Costa County are the older neighborhoods in
Richmond, E1 Cerrito, Pittsburg, and Antioch and the downtown commercial
districts in smaller cities such as Martinez, Danville, and Lafayette.
Population densities in urban areas are usually at least 7,500 persons per
square mile (12.0 people per acre) . Employment densities in commercial areas may
range up to about 15 jobs per acre.
116.
Contra Costa County IV. Growth Management .Element
Planning Commission Hearing Draft General Plan March, 1989
( Central Business District/Major Commercial Center
Central business districts or major commercial centers are defined as those
areas designated in the General Plan for high density commercial and residential
uses. They consist of either the downtown area of a major city in Contra Costa
County (Concord, Walnut Creek, and Richmond) or a large business/office complex
(such as Bishop Ranch or the Pleasant Hill BART station area) . These areas are
characterized by large concentrations of jobs and consist of clusters of
buildings four stories or more in height. CBD's or major commercial centers
generally have employment densities.
117.
ATTACHMENT D �l
THE BOARD OF SUPERVISORS OF CONTRA COSTA;.COP4TY, CALIFORNIA
Adopted this Order on Dec. 12, 1989 by i he`fol to ling vote:
AYES: Supervisors Powers, Fanden, Schroder, McPeak and Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 89/786
SUBJECT: RESOLUTION ADOPTING THE INTERIM APPLICATION OF LEVEL)`
OF SERVICE STANDARDS IN ACCORDANCE WITH THE GROWTH ).
MANAGEMENT REQUIREMENTS OF MEASURE "C" )
The Board of Supervisors of Contra- Costa County RESOLVE:
WHEREAS, the Board of Supervisors adopted a resolution of intent to comply with
the Growth Management Program for all new development applications as of January
1, 1990; and,
WHEREAS,- the Board of. Supervisors has initiated a planning program to comply
.with the Growth Management Program; and
WHEREAS, Measure "C" has established acceptable levels of service for rural ,
semi-rural , suburban, urban and central business district;
NOW THEREFORE, the Board of Supervisors does hereby take the following .actions
applicable to the obligations established under Measure "C", and is in addition
to existing development review and mitigation/fee programs.:
1. Adopt the traffic level of service standards in the Contra Costa
Transportation Improvement and Growth Management Program attached as Exhibit A.
2. Apply the traffic level of service standards to the street types
within the County as shown on the map of areas subject to the levels of service
attached as Exhibit B.
3. The County shall require traffic impact analysis for any project which
is estimated to generate 100 or more A.M. or P.M. peak hour: trilps based upon the
trip generation rates as •presented in the Institute of Transportation Engineers
(ITE) Trip Generation, 4th Edition, 1985.
4. Require that during the review of development proposals, the traffic
impact analysis shall determine whether a project could cause a signalized
intersection or freeway ramp to exceed the applicable interim standard and shall
identify mitigations/fees so that the intersection or ramp ' will operate in
conformance with applicable standards.. Development proposals shall be required
to comply with identified mitigations and/or fees.
5. Require that the interim list of routes of regional significance, and
locations subject to findings of special circumstances `listed in Exhibit C
attached, are exempt from interim level of service standards, but require
mitigation/fees from '' projects that adversely affect the existing level of
service, and for which traffic impact analysis is required. ; The calculation
methodology for the application of , traffic level of service standards is
Circular 212 Planning With Operation Method Capacities.
i hereby certify mat this is a true and correct copy of
SG:cg an action taken and entered on the minutes of the
s g 2/m s r e c.res Board of supervisors on the date shown.
ATTESTED: nPrPmhPr l?- 1g29
.Ori o. DeDt. CDD PHIL BATCHELOR,Clerk of the Board
cc: Public Po r k s of Supervisors and County Administrator
CCTA (via CDD) a ,,)
By .Deputy
RESOLUTION NO. 89/736
EXHIBIT A
Traffic Level of Service Standards
Rural -- LOS low-C (70 to 74) Volume to Capacity (V/C)
Semi-Rural -- LOS high-C (75 to 79) V/C
Suburban -- LOS low-D (80 to 84) V/C
Urban -- LOS high-D (85 to 89) V/C
- Central Business District -- LOS low-E (90 to 94) V/C
Source: Contra Costa Transportation Improvement and Growth Management Program
SG:cg
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1
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EXHIBIT .C
ROUTES OF REGIONAL SIGNIFICANCE
Western Contra Costa
1. Interstate 80
2. San Pablo Avenue-Parker Avenue-Willow Avenue
3. '-San Pablo Dam Road-Camino Pablo
4. Appian Way
5. Valley View Road
Central Contra Costa-
7. Interstate 680
8. State Route 24
9. State Route 4 Freeway
10. Pacheco Boulevard (south of Arthur Road)
11. Pleasant Hill Road-Taylor Boulevard
12 . Treat Boulevard
13 . Crow Canyon Road (west of San Ramon)
Eastern Contra Costa
14. State Route- 4 Freeway
INTERSECTIONS FOR FINDINGS OF SPECIAL CIRCUMSTANCES
Western Contra Costa
1. Pomona Avenue/Second Avenue
2 . El Portal Drive/Glenlock Drive
3 . I-80 westbound off-ramp/Cummings Skyway
Central Contra Costa
4 . Reliez Valley Road/Grayson Road
5. Olympic Boulevard/Tice Valley Boulevard
Eastern Contra Costa
6. State Route 4/Lone Tree Way
7 . State Route 4/Byron Highway (Borden Junction)
SLG:stagel.xc
1 ATTACHMENT E
1
CONTRA COSTA COUNTY
1
1 COUNTYWIDE AREA OF BENEFIT
1 .
1
1
1
1 AS DESIGNATED BY COUNTY ORDINANCE AND POLICY
PROVIDING FUNDING FOR CONSTRUCTION OF
COUNTYWIDE ROAD IMPROVEMENTS
i
1
CONTRA COSTA COUNTY
PUBLIC WORKS DEPARTMENT
1 255 GLACIER DRIVE
MARTINEZ, CA 94553
(415) 646-4470
1
TABIE OF CONTENTS
Development Program Report for the Countywide Area of Benefit
(March 15,1988) .
Figure 1. Map of Contra Costa County.
Figure 2: Countywide Area of Benefit Map.
' Appendix B: Lane Standard Drawings.
II. Board Resolution (March 15,1988 Adopting Development the Program
' Report) .
III. Ordinance No. 88-27, March 15, 1988 (Countywide Area of Benefit) .
Exhibit A: Boundry Description of Contra Costa County
' Exhibit B: Map of Countywide Area of Benefit Regions and Subregions
IV. Ordinance No. 79-85, July 24, 1979 (Amending Ordinance 79-80 on Fees
' for Roads and Bridges) .
V. Contra Costa County Board of Supervisors Policy (Bridge and Major
Thoroughfare Fees)
VI. Board Resolution (Proposed Bridge Crossing and Major Thoroughfare Fee
Policy of July 17, 1979) .
VII. Ordinance No. 79-80 (July 3, 1979) .
' ADOPIED BY BOARD OF SUPERVISCRS
ON MARCH 15, 1988
DEVELOPMENT PROGRAM REPORT
' FOR THE
COUNTYWIDE AREA OF BENEFIT .
' PROVIDING FUMING FM CCNSTR= J OF
COUNTYWIDE ROAD IMPFUVEMENTS
PREPARED PURSUANT TO SECTION 913
COUAFi'Y ORDINANCE CODE
1
CONTRA COSTA CCUNTY PUBLIC WORKS AND C q4J= DEVELOPMENT DEPARIMENT5
' March 1988
EEVEr(JPMFNr PROGRAM
EM TM AREA OF BENEFIT
PURSUANT TO THE BRIDGE CROSSING AND MUM
FEE AREA POLICY '
Il�JCrION ,
This is a development program to improve the capacity and safety of the
arterial road network in Contra Costa County through the establishment of a
traffic mitigation fee. ordinance, otherwise called the Countywide -Area of
Benefit. The ordinance would apply to the unincorporated areas of Contra
Costa County. Figure 1 shows the location of the proposed Area .of of.
,
This Development Program Report is required by the Board of Supervisors Policy
on Bridge Crossings and Major Thoroughfare Fees (adopted July 17„11979) which
implements Division 913 of the County Ordinance and Section 66484 of the State
Subdivision Map Act.
One of the objectives of the Contra Costa County General Plan is to relate new
development directly to the provision of community facilities necessary to
os '
serve that development. This Area of Benefit is proposed as ,a means of
providing funds to construct the identified road improvements '';to service
potential new residential and comwrcial development in the County.;
PURPOSE
Contra Costa County continues to provide an ideal location for present and
future development. As a result, the County's arterial road network, which is
already reaching capacity, will continue to face increasing pressure from ,
future growth.
Because of reductions in State and Federal funding for public roads there is a
need for substantial increases in local money to meet the projected funding ,
shortfall in improvements to the County's arterial road network. This funding
shortfall has been partially met through the establishment of various areas of
benefit in the County. '
Primarily, these areas of benefit were established in locations where the rate
of development is high and where the potential for future development warrants ,
the formation of a specific area of benefit for that location.
Development in the form of a single residence, a single business enterprise or
a single ccnmve_=ial project occurs throughout unincorporated areas of the '
County. When a development is outside an established area of benefit it is
often difficult to equitably assess its off-site traffic impacts. Such
developments may not be conditioned to contribute towards the mitigation of ,
their off-site traffic impacts. Cumulatively, this can and has resulted in a
substantial loss of road improvement funds to the county. Therefore, a
Countywide Area of Benefit is proposed for the unincorporated areas to ensure
that all development will share in the cost of improving the county's road
2
system. Formation of the Countywide Area of Benefit is expected to provide
local funding to meet the improvement needs for roadways of general public
interest.
AREA OF ffiNEFIT - IDCATION
' The Countywide Area of Benefit includes all of the unincorporated areas of
Contra Costa County (Figure 1) , except as described below:
' 1. The Discovery Bay, Oakley/North Brentwood, El Scbrante, West Pittsburg,
Crow Canyon Road Extension and Pacheco Areas of Benefit. These areas of
benefit have a Development Program Report detailing the amount of fees to
be collected within their respective boundaries and the road improvements
on which collected fees are to be expended.
2. The Canyon lakes development in the San Ramon area. These lands have
been conditioned to contribute funds for the construction of certain
improvements east of I-680.
3. The Pleasant Hill BART Station Specific Plan Area. Under the Specific
Plan, these lands have been required to contribute funds for the con-
struction of certain off-site road improvements.
4. Assessment District 1984-2 (A.D. 1984-2) . A.D. 1984-2 was formed to
fund the construction of certain area-aide improvements described in the
North Concord/Bates Avenue Area of Benefit Development Program Report
' (adopted on April 9, 1985, rescinded in June 1986) .
5. Any development required under conditions of approval to construct
certain off-site road improvements in lieu of fee payment.
The Board'of Supervisors' Bridge Crossing and Major Thoroughfares Fee Policy,
adopted July 17, 1979, excludes areas designated in the County General Plan as
' Agricultural Preserve and Open Space. This policy has been interpreted to
exclude all properties zoned agricultural because minor subdivisions and lot
splits of such properties are often not for the purpose of new construction.
Assessing fees on minor subdivisions in Agricultural Preserve and Open Space
does not serve the Board of Supervisor's land use policy of preserving these
lands. However, new residences on agricultural lands should be required to
' pay their fair share towards road improvements needed to serve the General
Plan. Therefore, fees will not be required of minor subdivisions in Agri-
cultural Preserve or Open space, but fees will be charged on these lands if a
building permit for new construction is applied for.
1
AREA OF IENF7''P - AEMMSTRATION
The boundary of the Countywide Area of Benefit coincides with the Contra Costa
County boundary. The County has been divided into seven regions, some of
which have been further divided into subareas as shown:
3
REGICNS SUBAIZEAS
WEST OOLJNIy Hercules/ Rodeo/Crockett '
West County
Kensington
CENTRAL COUNTY Martinez '
Briones
Central County
; . South Walnut Creek. '
IANCRINDA Iamorinda
A_AND Alamo ,
SOUTH COUNTY South County
EAST COUNTY Pittsburg/Antioch
Marsh Geek
East County ,
BE11M ISLAND Bethel Island
The boundaries of the regions and subareas are shown in Figure 2., However, ,
fees will only be assessed on the unincorporated lands within each subarea.
The Board of Supervisor's Transportation Committee will oversee the,: Countywide , '
Area of Benefit. Established traffic advisory cam ittees, or new ones formed
with committee members appointed by the Board of Supervisors in accordance
with established guidelines may provide the necessary . cammmity input to
tailor the Development Program Report to the specific needs of the subareas. 1
The committees will advise the Board on project priority and allocation of
funds in accordance with the needs of the cammnities. Public 'Works will
provide ,apprcpriate staff support to the ccamnittees. '
Fees collected in a subarea will be kept in a separate trust fund specific to
that subarea. This will ensure that the money collected in a subarea is used '
to improve the road deficiencies in that subarea only and will not.be diverted
for use elsewhere in the County.
ROAD NE1%QMC CAPACI'T'Y IMPROVEMENT PIAN ,
In recent years, there has been considerable traffic pressure on the County's '
road network. In some areas of the County, traffic congestion is already very
heavy and is expected to become worse in .future years. The road capacity
improvement project list, Appendix, A, is primarily based on the County- ide
Transportation Project Phase I (CTP) Report . (May 1983) . 'Ihe CrP Report was ,
prepared to evaluate the County's future course in transportation and related
land development. The report provided a review of development patterns to
identify developing areas and resulting impacts on the transportation system.
4
' Only roadways of general public interest will be considered' for funding
through an area of benefit.
This proposed Area of Benefit will help to offset the funding shortfall for
the roadway capacity improvements needed to satisfy the traffic operations and
safety demands along the County's highways.
Other works which do not have a direct effect on capacity, such as raised
medians, general lighting, landscaping, extensive longitudinal storm drain
systems, • curbs and sidewalks, are not included. 'These neoessary facilities
' are considered as frontage improvements by the Board of Supervisors and are
the responsibility of the owners of the adjacent properties.
' Periodic review of the roadway capacity improvement needs may be necessary to
evaluate the effects of construction costs escalation, the impacts of future
development and changes in travel patterns. The road network capacity
improvement plan will be updated. as necessary to reflect any changes and to
' maintain its adequacy.
GENERAL PIAN REI�ITI
The basis for the Countywide Area of Benefit is derived frcm the features of
' the County General Plan and its amendments and subscribes to the policies of
the General Plan elements. The General Plan and its various elements are
available for review at the Ccmuminity Development Department, County
Administration Building, 651 Pine Street, Martinez during office hours.
I]P%=PMENT PCYI'P?L WI= THE ATM OF EM'f''T'T'
The County's Community Development Department is in the process of updating
the current County General Plan. However, it is in the best interest of the
general public to form the Countywide Area of Benefit at this time. A
' postponement will result in development occurring without contributing to area
road improvement needs, a significant loss of potential local road funds and a
less equitable spread of the road improvement costs to the remaining develop-
' went.
The development potential for the Countywide Area of Benefit was obtained
through a combined use of the 1985 to 2005 projected increase in household and
1 employment figures froan" ABAG PROJECTIONS 185, the Contra Costa County Growth
Trends (1985) report, the County zoning atlas, County .base maps and other
similar aids.
' Projected residential development in the unincorporated areas .was determined
based on the above referenced data. The residential types are as shown below:
' West County single family 41%., multiple family 59%
Central County single family 48%, multiple family 52%
East County single family 74%, multiple family 26%
1
5
Significant changes in land use may affect the development potential within
the Area of Benefit, resulting in modifications to the roadway, capacity
improvement needs and changes in the fee structure..
'A summary of the estimated development potential is sham in Table 1.
TABLE 1
Potential. For New Develop wnt
CATEGM& F DM MMA OR UNITS
Single F`mi_ly Respdmt?al 8544 Dwelling Units ,
MkAta-Family Residential 5358 Dwelling Units
Office 668,720 Square Feet
Industry 2,334,240 Square Feet
Retail 1,114,580 Square Feet
Service 1,030,860 Square Feet
The specific land uses that will be assessed an area of benefit fee .are:
1. Single Family Residential ,
2. Multiple Family Residential
3 Office
4. Industrial '
5. Ccmmiercial - (This category includes commercial retail activities and
conmercial services operations.)
NEW DEVEIDPMENT - TRAFFIC IMPACT
The concept of an area of benefit is the equitable distribution of road
improvement costs. to new development from which future traffic impacts will ,
arise. As traffic impacts are directly related to the total number of
vehicles on the road network, we are able to relate developnezt road fees to
the number of vehicle trips associated with a particular category of develop- ,
ment.
FUNDING SC1JRCES ,
Other sources of funding may be used in conjunction with the Countywide Area '
of Benefit to get projects funded and constructed at a faster rate:` Partici-
pation in assessment districts and other public facilities districts by
developers I will be encouraged. Also, staff will pursue other avenues of
funding such as State and Federal aid and the Local Option (sales tax, gas ,
tax, tolls, other) to meet the expected shortfall.
ESTIMATED OOT OF MAD NETWORK IMPROVEMENM ,
The road improvement cost estimates shown in Appendix A include construction,
{ right of way, engineering, incidentals and contingencies. The cost estimates
do not include items which do not have a direct effect on safety or capacity, l
6
1
such as raised medians, general lighting, landscaping; extensive longitudinal
storm drain systems, curbs and sidewalks. These necessary improvements are
considered frontage improvements by the Board of Supervisors and as such are
' the responsibility of the owners of the adjacent properties and may be
provided through development conditions of approval, or,by .other future means
such as additional fees or assessment districts.
The typical road sections and riot of way its are shown in
Appendix B.
' In some regions project costs are reduced by other potential funding which may
include Federal and state funds or joint projects with cities. In all of the
regions the project costs have been increased by approximately 1% to cover the
' cost of administration which includes staff time required to establish, revise
and administer the Area of Benefit. This involves fee collection, accounting,
and technical support to traffic advisory committees.
tBASIS FM FEE APPORTIONMERr
' In the proposed Area of Benefit, the five categories of land use for which a
fee will be assessed are single family residential, multiple family resi-
dential, office, industrial and commercial.
' The total project cost is divided by the number of p.m. peak hour trips
generated. by each category. In the residential categories, the cost is
equally distributed between all dwelling units. In the office, industrial and
' the commercial categories, the cost is distributed on the basis of each square
foot of gross floor area.
' Neighborhood shopping centers, restaurants, banks and service stations have
p.m. peak hour factors from 0.01 to 0.02 trips per square foot of floor area
and fast food restaurants have a factor of about 0.01 trips per square foot of
' floor area. These factors are much higher than those of regional shopping
centers (0.0028 trips per square foot of floor area) and offices (0.0022 trips
per square foot of floor area) . While it is true that these facilities do
generate a lame number of trips, a large percentage of the trips are from
within the community, and therefore, they are shorter in length than trips
generated by regional shopping centers and offices. Also neighborhood
con4mrcia1 and service operations tend to develop in response to needs of
ccmmunities; trips generated by these facilities originate from residential
development and thus have already been counted. We reccmmend using a p.m.
peak hour factor of 0.0025 trips per square foot of floor area for Commercial
development. Also, , we have reduced the factor generally used for Office
' development by approximately 30% to 0.0016 because Contra Costa County has
adopted a Transportation Systems Management Ordnance with a trip reduction
goal similar to the percent used here.
' In the event that an application is filed for a land use different than the
categories described in this report the fee will be calculated based on the
appropriate trip generation rate. For example, in the case of senior housing
1 or a retirement facility, which has a trip generation rate of about 3.3 trips
.7
per day per dwelling unit instead of the 10 trips per day per dwelling unit ,
for single family residential, the fee would be lowered proportionately. The
fee per dwelling unit would be 33% of that required 'of single family resi-
dential developments. However, the land use would have to be deed restricted '
to be eligible for the lower fee.
CAIJC UtMCK OF FEES '
RDGION SUBAREAS TED PF4TDC'P COST'
WEST COUNTY Hercules/Rodeo/Crockett $2,010,000 ,
West County 3,040,000.
Kensington 350,000 ,
SUBTOTAL $5,400,000 .
OTHER POTENTIAL FUNDING 1:095,000
SUBTOTAL $4,305,000
AED1INISTRATION .45.00
TOTAL. $4,350,000:
PM PEAK #PM- % TOTAL '
IAND USE # UNITS HOUR FACTOR TRIPS TRIPS FEES
SING FAM 661 DU 1.00 661 25.1 $1,648 . '
MULT FAM 951 .DU 0.80 761 28.8 11319
OFFICE 88,400 SF 0.0016 141 5.3 2.63
INDUSTRY- 485,280 SF 0.0007 340 -12.9 1.15
OON4RCTAT. 294,520 SF 0.0025 736 27.9 4.12 '
ItE]GION SUBAREAS FATED PROJECTP COST
CENTRAL Martinez $4,200,000
Briones 1,500,000
Central County 3,050,,000 ,
South Walnut Creek 323,000
SUBTOTAL 9,073,000
OTHER POTENTIAL FUNDING 700,000 .
SUBTOTAL $8,373,000
ON 77.000
TOTAL $8,450,000. '
PM PEAK #PM- % TOTAL
LAND USE # UNITS HOUR FACTOR TRIPS TRIPS' FEES ,
'SING FAM 1,069 DU 1.00 1,069 29.1 $2,300
MULT FAM 1,289 DU 0.80 1,031 28.1 1,840
OFFICE 171,340 SF 0.0016 274 7.5 3.68
INDUSTRY 64,800 SF ' 0.0007 45 1.2 1.60
CRCIAL 502,020 SF 0.0025 1,255 34.2 5.75
8
REGICN SUBAREAS PA rIMATED PROTECT COST
LAM3RINDA Lamorinda $ 75,000
' ADMINISTRATION 1,000
TOTAL, $ 76,000
' PM PEAK #PM- $ TOTAL
LAND USE # UNITS HOUR FACTOR TRIPS TRIPS FEES
' SING FAM 0 DU 1.00 0 0 $ 0
N= FAM 0 DU 0.80 0 0 0
OFFICE 0 SF 0.0016 0 0 .0
INDUSTRY 0 SF 0.0007 0 0 0
' COMMER T, 0 SF 0.0025 0 0 0
RDGICN SUBAREAS ESTIMATED PROJECT COST
' ALAMO Alamo $3,625,000
AMMSTRATION 40,000
' TOTAL $3,665,000
' PM PEAK #PM- %.TOTAL
LAND USE # UNITS HOUR FACTOR TRIPS TRIPS FEES
SING FAM 409 DU 1.00 409 24.6 $2,201
MUTE'. FAM 661 DU 0.80 529 31.8 1,762
' OFFICE: 93,080 SF 0.0016 149 8.9 3.52
INDUSTRY : 0 SF 0.0007 0 0 0
COMMERCIAL . 231,160 SF 0.0025 578 34.7 5.50
REGION SUBAREAS ESTIMATED PROJECT COST
' SOUTH COUNTY South County $1,750,000
MMUSTRATION 17,500
TOTAL $1,767,500
PM PEAK #PM- % TOTAL
1 LAND USE # UNITS HOUR FACTOR TRIPS TRIPS FEES
SING FAM 156 DU 1.00 156 46.6 $5,276
M= FAM 224 DU 0.80 179 53.4 $4,216
OFFICE 0 SF 0.0016 0 0 0
INDUSTRY 0 SF 0.0007 0 0 0
COMMERCIAL 0 SF 0.0025 0 0 0
9
. 1
SUBAIZEAS ESTIMATED PROJECT COST
EAST COUNTY Pittsburg/Antioch $ 5,700,000
Marsh Creek 3,000,000
East County 10,960,000
SUBTOTAL $19,660,000
AE14 MTISTRATION 200,000 '
TOTAL $19,860,000
PM PEAK #PM- % TOTAL
LAND USE # UNITSHOUR FACTOR 'TRIPS TRIPS FEES
SING FAM 5,179 DU 1.00 5;179 52.0 $1,994
NM FAM 1,857 DU 0.80 1,486 14.9 1,596
OFFICE 253,500 SF 0.0016 406 4.1 3.19
IND[7STRY 1,762,560 SF 0.0007 1,234 12.4 1.40
C0*0ZCIAL . 661,940 SF 0.0025 1,655 16.6 4.99 ,
RpG CEJ SUBAIUM ES IMATED PROJECT COST
BETHEL ISLAND Bethel Island $9,200,000
OTHER POTENTIAL FUNDING 500,000
SUBTOTAL $8,700,000 '
ADMINISTRATION 90,000
TOTAL $8,790,000
PM PEAK #PM- TOTAL '
LAND USE # UNITS HOUR FACTOR TRIPS TRIPS FEES
SING FAM 1,070 DU 1.00 1,070 40.7 $3,347 ,
MULT FAM 376 DU 0.80 301 11.5 2,680
OFFICE 62,400 SF 0.0016 100 3.8 5.36
INDUSTRY 21,600 SF 0.0007 15 0.6 2.32
CM96 2CIAL 455,800 SF 0.0025 1,140 43.4 8.37 '
FEES
NEST COUNTY $1,648 per SINGLE FAMILY dwelling unit
West County 1,319 per MULTI-FAMILY dwelling unit '
Kensington 2.63 per square foot gross floor area OFFICE
Hercules/Rodeo/Crockett 1.15 per square foot gross floor area INDUSTRY
4.12 per square foot gross floor area COM ERCLkL
The fee schedule in the West County Region does not reflect changes in
development potential or road improvement needs that may result frcan the North '
Richmond Redevelopnnent Area. When these figures are determined the region's
fee schedule will be revised and the North Richmond Redevelopment Area will be
treated as a separate subarea.
10
t
' CE21T 2AL COUNTY $2,300 per SINGLE FAMILY dwelling unit
Briones 1,840 per MULTI-FAMILY dwelling unit
Central County 3:68 per square foot gross floor area OFFICE
Martinez 1.60 per square foot gross floor area INDU=
South Walnut Creek 5.75 per square foot gross floor area COMMERCIAL
IAFXXU2MA $2,300 per SINGLE FAMILY dwelling unit
(Recaaunes d using 1,840 per M=I-FAMILY dwelling unit
the same schedule as 3.68 per square foot gross floor area OFFICE
Central County) 1.60 per square foot gross floor area INDUSTRY
' 5.75 per square foot gross floor area COMMERCIAL
ATPD $2,201 per SINGLE FAMILY dwelling unit
' 1,762 per MUNI-FMMY dwelling unit
3.52 per square foot gross floor area OFFICE
1.54 per square foot gross floor area IM USTRY
5.50 per square foot gross floor area COMMERCIAL
SCUM COUNTY $5,276 per SINGLE FAMILY dwelling unit
4,216 per MULTI-FAMILY dwelling unit
' EAST COUNTY $1,994 per SINGLE FAMILY dwelling unit
Marsh Creek 1,596 per MULTI-FA=Y dwelling unit
' Pittsburg/Antioch 3.19 per square foot gross floor area OFFICE
East County 1.40 per square foot gross floor area INDUSTRY
4.99 per square foot gross floor area COMAgRCLkL
' BE`II�L ISLAND $3,347 per SINGLE FANCY dwelling unit
2,680 per MULTI-FAMILY dwelling unit
5.36 per square foot gross floor area OFFICE
2.32 per square foot gross floor area =STRY
8.37 per square foot gross floor area COMMEP,=
Commnity Development is working on a Specific Plan Area for Bethel Island.
' When the Bethel Island Specific Plan is adopted the fee schedule for the
Bethel Island Region. will be revised to reflect changes in land use and the
resultant circulation needs. If the revised fees are substantially lower than
' what is reccumended in this report then the Board of Supervisors may recom-
mend refunding the difference to those who paid the higher fee.
' Cn,4PARISON TO OTHER 'TRAFFIC MITIGATION FEES
Contra Costa County has adopted seven areas of benefit for the purpose of
mitigating off--site traffic impacts caused by new development. Each area has
its own fee schedule based upon projected development and the estinated cost
of improvements as outlined in the development program reports. The fee
schedules for the existing areas of benefit are:
1
11
' l
AIM FEE SCHE= UME FEE ADOPM or I&NUBED ,
Discovery Bay $1600 per single family October 27, 1987
dwelling unit '
$1280 per multi-family -
dwelling unit
Eley $2134 per single family September 15, 1987 ,
dwelling unit
$1707 per multi-family
dwelling unit
$3.41 per s.f. of gross
floor area commercial
$1.79 per s.f. of gross '
floor area industrial
E1 Scbrante $1749 per single family June 4, 1985
dwelling unit
$1224 per multi-family
dwelling unit
$1.25 per s.f. of gross ,
floor area cxmmtiercial
West Pittsburg $1254 per single family September 29, 1987
dwelling unit ,
$1002 per multi-family
dwelling unit
$2.01 per s.f. of gross ,
floor area commercial
$0.88 per s.f. of gross
floor area industrial
Craw Canyon $1640 per single family September 29, 1987
dwelling unit
$1312 per multi-family '
dwelling unit
$1.60 per s.f. of gross
floor area commercial ,
$1.85 per s.f. of gross
floor area office
Pacheco $990 per dwelling unit June 17, 1986 ,
$3.35 per s.f. office
$1.35 per s.f. light
industrial
$2.05 per s.f. retail
business
East/Central $380 per dwelling unit August 25, 1987 ,
County Travel
Corridor
12
' In addition, some developrents within adopted areas of benefit have been
conditioned to pay traffic mitigation fees over their AOB obligation. For
example, developments in the Crow Canyon Road Extension Area of Benefit have
been conditioned to pay traffic mitigation fees totaling $3,737 per dwelling
unit in addition to the $1640 AOB fee, for a total of $5,377 per dwelling
unit. The $1640/DU goes towards constructing the road improvements outlined
' in the program report. The additional $3,737/DU is collected to mitigate
other off-site traffic impacts.
Some cities within Contra Costa CaLmty have also established fee benefit areas
' to mitigate off-site traffic impacts. Fee schedules for some of the cities,
fee benefit aYeas are shown below:
' JLIRZSDICTION FEE SCI E=
Antioch $55 per dwelling unit
' $0.33 per s.f. commercial
$0.275 per s.f. office
$0.22 per s.f industrial
' Brentwood $2223 per residential dwelling unit
$14,409 per gross acre or
$0.735 per s.f of building space for commercial or
' light industrial
Clayton $900 per single family dwelling unit
' $630 per multi-family dwelling unit
$2.50 per s.f. pial and office
Concord $1007 per single family dwelling unit
' $858 per multi-family dwelling unit
$4.68 per s.f,cxmmercial
$3.65 per s.f office
' $3.08 per s.f. industrial
Danville $1400 per single family dwelling unit
$980 per multi-family dwelling unit
$3,200 per dwelling unit in the Tassajara Valley
Area
$3.50 per s.f. commercial, office and industrial
E1 Cerrito No Traffic Mitigation Fee
Hercules No Traffic Mitigation Fee (planning to adopt one)
Lafayette No set fee. Varies upon a developments impact
' on the nearest intersection.
13 a
r
1
Martinez $1420 per single family dwelling unit '
$1000 per multi-family dwelling unit
$3.75 per s.f. office
$2.00 per s.f. commercial (under 10000 s.f.)
$4.00 per s.f. cxmmercial (over 10000 s.f.) '
$1.75 per s.f. industrial
$2.75 per s.f. Research & Development
$1000 per pump for service station ,
Moraga $200 per residential lot
$20 per parking space commercial, office and '
industrial
Pinole $536 per dwelling unit
$0.08 per s.f. commercial, office and industrial
Pittsburg $270 per acre of single family
$510 per acre of high density & duplex apart. 's
$270 per acre of mobile home
$330 per acre of -industrial
(based upon 30-250 trip ends)
Ccmmercial and Office:
I. 1-100 trip ends, $360 per acre
II. 100-400 trip ends, $1080 per acre
III. 400-900 trip -ends, $2970 per acre '
IV. 900+ trip ends, $6750 per acre
Pleasant Hill $1800 per single family dwelling unit '
$1400 per multi-family dwelling unit
$1.50 per s.f. of light industrial
$4.50 per s.f. of retail
$3.50 per s.f. of office
Richmond $1215 per single family dwelling unit
El Scbrante Area $1015 per multi-family dwelling unit
$1.30 per s.f. commercial, office and industrial
Richmond $2620 per single family dwelling unit '
Brickyard Cove $1780 per multi-family dwelling unit (town home)
$2.62 per s.f. commercial, office and industrial
San Pablo No Mitigation Fees ,
San Ramon $1500 per dwelling unit
$3200 per dwelling unit in the '
Tassajara Valley/Dougherty Area
$4.50 per s.f. commercial, office and industrial
Walnut Creek $3.00 per s.f. office r
$1.30 per s.f. retail
14
r
1
' REVIEW OF FEES
Project cost estimates will be reviewed January 1 of every year that' the
Countywide Area of Benefit is in effect. At that tine the previous year's
increase in the California Construction Cost Index as published annually by
California State Department of Transportation will be analyzed. Appropriate
adjustments in the fees may then be established by Board Resolution,/Ordinance.
CtO1L=CN OF FEES
' Fees shall be collected in accordance with Govenmve-nt Code section 53077.5 and
Section 913-4.202 of Title 9 (Subdivisions) of the Contra Costa County
Ordinance Code. A separate interest bearing account will be set up for each
1 subarea of the Countywide Area of Benefit. Fees collected in each subarea
will be deposited in the appropriate trust account.
INTEREST ON FEES
The interest accrued on the fees collected in each subarea shall continue to
accumulate in the subarea trust account and shall be used for the same purpose
of administration, design and construction of the fee area inpravements.
' IN DEDICATION
' A development may provide the richt of way and construct the road improvements
identified in Appendix A. In such a case the developer may be eligible to
receive credit or reimbursement.
1
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' WHEN,IECORDED RETURN MPR 23 198
TO 'CLERK, �� 4r1�21 MAR 2 3 1988 �
BOARD OF SUPERVISORS
THE BOARD OF SUPERVISORS OF;C�10NTRA COST COUNTY, CALIFORNIA
' Adopted this Order on March 15, 1988 by the following vote:
AYES: Supervisors Powers, Fanden, McPeak, and Torlakson
NOES, None
ABSENT: Supervisor Schroder —
�.
ABSTAIN,: , None
RESOLUTION NO., 88/ 122 O
--------------- --- ---------------------------------------------
SUBJECT
------------- -- --------------------------------------------
SUBJECT: In the Matter of Adopting the Development Program. O
' Report, Establishing Estimated Costsy Cost Allocation,
Fee Apportionment and Fees for the 'Countywide Area of
Benefit.
' 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 as a condition of
development; and
The Public Works Director and the Director of Community
Development have completed a Development Program Report for the
' Countywide 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, 54992, •65091, 65962, and, 66484;
and
' A First Stage Environmental Impact Report was prepared for the
project and certified as being adequate and complete by the
Contra Costa County Planning Commission on October 13, 1987.
' The Board of Supervisors hereby RESOLVES, FINDS and DETERMINES
that:
The Board hereby CERTIFIES that the First Stage Environmental
' Impact Report, submitted to it by the Public Works Department, as
to the environmental impact of the Countywide Area of Benefit,
has been completed in compliance with the California Environment-
al Quality Act, and it has reviewed and considered the informati-
on contained therein. The Board ACKNOWLEDGES that the project
' would have certain environmental effects and ADOPTS the findings
and mitigation measures expressed in Planning:Commission Resolu-
tion No.9-1988 which mitigate those effects.
The Board hereby DETERMINES that a majority protest does not
' exist, inasmuch as a written protest has not been filed by the
owners of more than one-half of the area of the property to be
benefited by the improvements.
' The Board hereby ESTABLISHES the Countywide Area of Benefit, and
APPROVES and ADOPTS the Development Program Report for the
Countywide Area of Benefit, establishing boundaries, estimated
cost of improvements, cost allocation, method of fee apportion-
ment, - fee
pportion-
ment, • fee schedules and the provision that the interest accrued
on the fees collected in 'each subarea of this Area of Benefit-
shall continue to accumulate in the same subarea account and
shall be used to cover the cost of administration, design and
construction of "the subarea improvements.
' The Board hereby INTENDS to adopt the following fee schedule by
ordinance, as recommended in the Development Program Report:
WEST COUNTY REGION:
LAND USE RECOMMENDED FEE
Single Family Residential' $1,648 per Dwelling Unit Multiple Family Residential $1,319 per Dwelling Unit
Office $2.63 per Sq. Foot Gross Floor Area
Industrial $1.15 per Sq. Foot Gross Floor Area
Commercial $4.12 per Sq. Foot Gross Floor Area
RESOLUTION NO. 88/122
�S
Board of Supervisors
March 15, 1988 '
Page Two
CENTRAL COUNTY REGION:
LAND USE RECOMMENDED FEE
Single Family Residential $2,300 per Dwelling Unit
Multiple Family Residential $1,840 per Dwelling Unit
Office $3.68 per Sq. Foot Gross Floor Area
Industrial $1:60 per Sq. Foot Gross Floor Area, c' '
Commercial " •. $5.75 per Sq. Foot Gross Floor Area Cl'i
CO
LAMORINDA REGION:
LAND USE RECOMMENDED FEE
Single Family Residential $2,300 per Dwelling Unit
Multiple Family Residential $1,840 per Dwelling Unit '
Office $3.68 per Sq. Foot Gross Floor Area
Industrial $1.60 per Sq. Foot Gross Floor Area
Commercial $5.75 per Sq. Foot Gross Floor Area
ALAMO REGION: t
LAND USE RECOMMENDED FEE
Single Family'Residential $2,201 per Dwelling. Unit '
Multiple Family Residential $1,762 per Dwelling Unit
Office $3.52 per Sq. Foot Gross, Floor Area
Industrial $1.54 per Sq. Foot Gross Floor Area
Commercial = $5.50 per Sq. Foot Gross Floor Area '
SOUTH COUNTY REGION:
LAND USE RECOMMENDED FEE '
Single Family Residential $5,276 per Dwelling Unit
Multiple Family Residential $4,216 per Dwelling Unit
EAST COUNTY REGION: '
LAND USE RECOMMENDED FEE
Single Family Residential $1,994 per Dwelling Unit
Multiple Family Residential $1,596 per Dwelling Unit '
Office $3.19 per Sq. Foot Gross Floor Area
Industrial $1.40 per Sq. Foot Gross Floor Area
Commercial $4.99 per Sq. Foot Gross Floor Area
BETHEL ISLAND REGION: '
LAND USE RECOMMENDED FEE
Single Family Residential $3,347 per Dwelling Unit '
Multiple Family Residential $2,680 per Dwelling Unit " -
Office $5.36 per Sq. Foot Gross Floor Area
Industrial $2.32 per Sq. Foot Gross Floor Area -
Commercial $8.37 per Sq. Foot Gross Floor Area ,
The Board DIRECTS the Public Works Department and the Department '
of Community Development to work with the subarea communities and
with local and State agencies in developing priorities, adding or
deleting projects in the list attached as Appendix A to the
Development Program Report, and to periodically review the fee '
schedules for the Board of Supervisors consideration.
' Board of Supervisors
March 15,1988
Page Three
The Board DIRECTS the Director of Community Development to
closely monitor future amendments to the currently adopted
General Plans within this Area of Benefit and to report those
amendments to the Public Works Department. The Board DIRECTS the
Public Works Director to amend the Development Program Report as
necessary to reflect General Plan amendments and report to the
Board of Supervisors for consideration. a
' The Board hereby AMENDS the Bridge Crossing and Major T
Thoroughfare Fees Policy approved by the Board on July 17, 1979 N
to provide for collection of fees from new residential construc-
tion within areas designated as Agricultural Preserve or Open
Space in the General Plan. The Board recognizes that all new
construction contributes to. increased traffic and therefore, C�1
should be required to mitigate its impacts regardless of land use Fv
designations. The fees collected in areas designated as Agricul-
tural Preserve or Open Space shall only be collected at the
building permit stage.
The Board DIRECTS the Clerk of the Board to promptly file a
certified copy of this Resolution with the County Recorder,
pursuant to Section 913-6.026 of the Contra Costa County Or-
dinance Code.
the-reby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Orig. Dept. : Public Works (RE) board of Supervisors on the date shown.
cc: CAO ATTESTED:
Director of Community Development PHIL BATCHELOR,Clerk of the Board r
'
Building Inspection
Public Works Director of Supervisors and County Adm!nIsIratar B
County Auditor/Controller
County Treasurer/Tax Collector qy _�
County Counsel Deputy
County Recorder
Public Works, Accounting
JRB:rs
BO:15.t3
RECORDED AT REQUEST OF
AT
MAR 2 31988
O'CIOCK
CUNTkA COM.
STA COUNTY RECORDS
' J.R.OLSSON
FEE 5 COUNTY RECORDE.rz
OFt-��
Enm r.F DOCUMENT
' OF2TTiCE W. 88-27
(Countywide Area of Benefit)
The Board of Supervisors of Contra Costa Omn ty ordains as follows:
' SEMON 1. 5xmery. This ordinance provides for the adaption of fees to be
collected from developments proposed in WUncarporated Contra Costa County to
fund road improvements.
SECTION ZI. Authority. This ordinance is enacted, in part, pursuant to
Government Code Section 66484 and Division 913, Title 9, of the Cmitra Costa
County Ordinance Code.
=ME-UL Notice and Hearino. This ordinance was adopted pursuant to the
procedure set forth in Government Code Sections 65962 and 66484 and Ordinance
Code Division 913, and all required notices have been properly given and public
hearings held.
SECTION TV. Fee Adoption. Zhe following fees to fund road improvements are
hereby adopted for the Countywide Area of Benefit, as established by Resolution
88/122 dated March 15, 1988, and shall apply to all development within the
Countywide Area of Benefit:
WEST COUNTY REGION:
ND USE 3NDED FE£
Single Family Residential $1,648 per Dwelling Unit
Multiple Family Residential $1,319 per Dwelling Unit
Office $2.63 per Square Foot Gross Floor Area
Industrial $1.15 per Square Foot Gross Floor Area
Commercial $4.12 per Square Foot Gross Floor Area
CTTfIRAL CSC M REGION:
LAND USE RExz11ENDED FEE
Single Family Residential $2,300 per Dwelling Unit
Multiple Family Residential $1,840 per Dwelling Unit
Office $3.68 per Square Foot Grass Floor Area
Industrial $1.60 per Square Foot Grass Floor Area
Ccnmiercial $5.75 per Square Foot Gross Floor Area
IAMORINM REGION:
I&M us RECOMMENDED FEE
Single Family Residential $2,300 per Dwelling Unit
Multiple Family Residential $1,840 per Dwelling Unit
Office - $3.68 per Square Foot Gross Floor Area
Industrial $1.60 per Square Foot Grass Floor Area
Conmesaial $5.75 per Square Foot Gross Floor Area
ALAMD REGION: ,
' IANp USE RECOMMENDEDFEE
Single Family Residential $2,201 per Dwelling Unit
Multiple Family Residential $1,762 per Dwelling Unit
Office $3.52 per Square Foot Grass Floor Area
Industrial $1.54 per Square Foot Grass Floor Area
.0 mmercial $5.50 per Square Foot Grass Floor Area
SOUZH COUNTY REGION:
IAM
' Single Family Residential $5,276 per Dwelling Unit
Multiple Family Residential $4,216 per Dwelling Unit
FAST COUNTY REGION: '
LAND USE
Single Family Residential $1,904 per Dwelling Unit '
Multiple Family Residential $1,596 per Dwelling Unit
Office $3.19 per Square Foot Cross Floor Area
Industrial $1.40 per Square Foot Gross Floor Area
commercial. $4.99 per Square Foot Cross Floor Area
BETHEL ISLAND REGION:
LAND USE
Single Family Residential $3,347 per Dwelling Unit ,
Multiple Family Residential $2,680 per Dwelling Unit
Office $5.36 per Square Foot Gross Floor Area
Industrial $2.32 per Square Foot Gross Floor Area
Camuercial. $8.37 per Square Fbot.Gross Floor Area
'The fee shall be payable as specified in Chapter 913-4 of the Contra Costa CloUnty
Ordinance Code, as modified by Government Code section 53077.5, with the follow-i
ing exception: Fees from new residential construction within Agricultural,
Preserve or Open Space areae in the General Plan shall be collected upon the
issuance of a building permit or at the time specified in Government Code section
53077.5(a), as applicable, and not upon recordation of a parcel map or final.
subdivision map. }.
SECTICN V. Fee Area. The fee area shall include all of unincorporated contra;,
Costa County with the following exceptions:
1. The Discovery Bay, Oakley, E1 Sobrante, West Pittsburg, Crow Canyon;
Road Extension and Pacheco Areas of Benefit.
2. The Pleasant Hill BART Station Specific Plan Area.
3. Assessment District 1984-2 (A.D. 1984-2).
4. Any developnent required under conditions of approval to construct
certain off-site road improvements in lieu of fee payment.
The area of benefit boundaries are described in Exhibit A and the region and;
subarea boundaries are shown in Figure 1 attached hereto. More detailed maps of
the region and subarea boundaries are on file with the Department of Public
Works, 255 Glacier Drive, Martinez, California.
!=ON VI. Senior Housing, Nothing in this Ordinance shall be construed to'i
abridge or modify the Board's discretion, upon proper application for senior ,
housing or congregate care facilities pursuant to Governmennt. Code Section 65915,
to adjust or waive the fees provided for in this Ordinance.
Sk 'lON VII. Severability.: If any fee or provision of this Ordinance is held '
invalid or unenforceable by a court of coapetent jurisdiction, that holding shall
not affect the validity or enforceability of the remaining fees-or provision,
and the Board declares that it would have adopted each part of this Ordinance
irrespective of the validity of any other part. ,
SEC17ON VIII. Effective Date. This Ordinance shall become .effective 60 days
after passage, and within 15 days of passage, shall be published ane with the
names of the Supervisors.voting for and against it in the Contra Costa Times, a .
newspaper. of general circulation published in this county. Pursuant to Section '
913-6.026 of the Contra costa Cbunty'Ordinance Code, the Clerk of the Hoard shall
prantly file a certified copy of this Ordinance with the County Recorder.
PASSED and ADOPIED on March 15, 1988 by the following vote:
AYES: Supervisors Powers, Fanden, McPeak and Torlakson
NOES: None
ASSENT: Supervisor Schroder
ABSTAIN: None
ATTEST: PHIL BA7UiEUV, Clerk of
the Board of Supervisors and Cbunnty
Administrator
By: A Deputy
Board Chair '
JIM-IV
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The boundaries of the Countywide Area of Benefit coincide with the boundaries of
contra Costa County.
The boundaries of Contra Costa County are as follows: ,
Beginning in the Bay of San Francisco at the northwest point of Red Rock, being
the common corner of Marin, Contra Costa, and San Francisco, thence up the
Straits and Bay of San Pablo, on the eastern boundary of Marin, to thepoint of '
intersection with a line bearing south 26-1/2 degrees E. , and about six and one-
quarter miles distant fran the southwest corner of Napa, forming tte cannon
corner of Marin, Solana, Sonoma, and Contra costa; thence to the Straits of
Carquinez; thence up said straits and Suisun 13ay, to the. mouth of the. San Joaquin
River; thence up said river, to the confluence of the west and main channels
thereof, as laid down on Gibbe's map; thence up the said west channel, to a point
about 10 miles below Moore and Rhodes' ranch, at a bend where the said west
channel, ni nning downward, takes a general nurse north, the point being on the
westerly line of San Joaquin, and forming the northeast corner of Alameda and
southeast corner of Contra Costa; thence westerly on the northern line of Alameda
to the easterly line of San Francisco; thence due northwest, along said'!'easterly
line of San Francisco, four and one-half miles, more or less, to the"place of
beginning.
Figure 1 shows the boundariesof the regions and subareas. A more detailed map
is on file at the County Public Works Department, 255 Glacier Drive, Martinez, CJS
94553.
JR.B:I '
FxhA.t2
i
ORDINANCE No. 79- 85
(Amending Ord. 79-80 on
Fees for Roads & Bridges)
The Contra Costa County Board of Supervisors ordains as follows
(omitting the parenthetical footnotes from the official text of
the enacted or amended provisions of the County Ordinance Code) :
SECTION I. Section 913-6.002 of the County Ordinance Code, as
enacted by Ord. #79-80 on July 3, 1979, is amended to require a
report from the Planning Director as well as the Public Works
Director, to read:
913-6.002 Re ort. The Directors of Public Works
and P annl—ing sha prepare a report.for each pro-
posed area of benefit for which a fee under this
Division is to be imposed, and shall file it with the
Clerk of the Board of Supervisors. The Clerk shall fix
a time, date, and place for Board hearing thereon and
for filing objections or protests thereto.
1 (Ords. 79- 85 §1, 79-80.)
SECTION II. Section 913-6.004, as enacted by Ord. #79-80 on
amended by adding the second sentence to require con-
formance with a Board-adopted development program, to read:
913-6.004 Contents. The report shall contain preliminary
information related to the boundaries of the area of benefit,
' the estimated costs, and the method(s) of fee apportionment.
It must be based on a development program for the area adopted
by the Board.
(Ords. 79-9552, 79-80. )
' SECTION III. Section 913-6.024, as enacted by Ord. 479-80 on 7-3-79
is amended to require a Board finding that the road improvements are
necessary and desirable, to read:
913-6.024 Hearing. The Board shall hear the matter
as sc eTulee-,`or as postponed or continued for good cause,
and consider any objections or protests. At such hearing,
the Board may then -adopt, revise, reduce or increase any
portion of the report. The Board, by resolution, shall
establish the boundaries of the area of benefit, the
costs, whether actual or estimated, and a fair method of
allocation of costs to the area of benefit and fee ap-
portionment; and the Board must find that the road and/or
bridge improvements are necessary and desirable within
the area of benefit.
(Ords. 79-8553, 79-80.)'
SECTION IV. EFFECTIVE DATE. This ordinance becomes effective 30
days after passage, an with 15 days of passage 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 July 24, 1979 by the following vote.
AYES: Supervisors - Tom Powers, N. C. Fanden, R. I. Schroder,
S. W. McPeak, E. H. Hasseltine.
NOES: Supervisors - None.
ABSENT: Supervisors - None.
ATTEST: J.R.OLSSON, County Clerk
1 & ex io Clerk the Board
airman of the Board E.H.Hasseliine
By , Dep. [Seal]
' Gloria M. Palomo
CONTRA COSTA COUNTY, CALIFORNIA
Board of Supervisors Policy RECEIVED
7, 7 F
i � , 7
JUL 99
1 Subject: Bridge Crossing and Major .Thoroughfare Fees J. z Dar:...
CLERK SOARD OF SUPERVISORS
CCsNT COSTA CO.
Purpose
1
Intensive development of land is taking place in many areas of Contra Costa County. This
development is causing a need for new or augmented major thoroughfares and bridges
which would not otherwise be necessary. It is the determination of this Board that new
development should, as far as possible, pay its own way for benefits received so as not to
become a financial burden on County taxpayers.
The purpose of this policy is to establish the criteria and procedures to be used to assess
and collect fees in connection with land development in order to provide new or
' augmented major thoroughfares and bridges necessitated by development.
Authority
Section 66484 of the Subdivision Map Act authorizes local jurisdictions to adopt
ordinances providing for the collection of requisite fees to defray the cost of construction
or augmentation of major thoroughfares and bridge crossings.
Division 913 of the Contra Costa County Ordinance Code has been enacted to provide for
assessing on the basis of. benefit and collecting the necessary fees. as a condition of
approval of final subdivision maps or building permits..
Under this ordinance, a public hearing must be held by the Board. of Supervisors at which
time a specific road or bridge deficiency,. an appropriate area of benefit and appropriate
fees may be established by Board Resolution..
Section 913-2.204 authorizes the Board of Supervisors to promulgate policiesand
regulations by resolution, to carry out Division 913.
r
Policy ,
In order to define criteria and procedures for assessing and collecting fees for the
construction of bridge crossings and major thoroughfares in a clear and equitable manner,
the following is the policy of the Board of Supervisors: ,
A. AUTHORIZATION OF A DEVELOPMENT PROGRAM REPORT TO DETERMINE
THE NEED. FOR NEW OR AUGMENTED MAJOR THOROUGHFARES OR BRIDGE
CROSSINGS.
For each road orbridge fee to be adopted, the Public Works Director, with the
Director of Planning, shall prepare a report to recommend the proposed boundaries
of the area of benefit to meet the intent of this policy and Division 913 of the
County Ordinance Code, estimate the amount of the bridge and major thoroughfare
costs, and develop an assessment schedule to apportion these costs, on the basis of
benefit, to the land parcels within the boundaries of the area. '
A development program must exist for all land within any proposed area of benefit
and for all land abutting any proposed major thoroughfare. Since the purpose; of this
policy is to assess fees in connection with land development, the area of benefit may
not include any area designated as Open Space in the current General Plan, and must
include all land abutting a proposed major thoroughfare unless such land is
designated as Open Space. ,
At the time of establishing the area of benefit, consideration will be given to
excluding from the area, developments approved prior to adoption of ordinance 79-
80 that do not significantly contribute to the need for, or that have already provided
an appropriate share of, the road or bridge improvements for which the fee is to be
collected.
The report shall include, but not be limited, to the following information:
1
1. A Planning and Development Evaluation for the area under consideration. The
Evaluation shall be prepared by the Director of Planning and represent the
best information currently available as to the type, density and timing of
existing and potential development . within the area. It shall interpret the
3
County General Plan in consideration of information such as, but not limited
to,, topography, soil conditions, parcel configuration, availability of utility
services and development activity. :The evaluation will include an estimate of
1 the potential number of housing units within the area of benefit. The
Evaluation shall also address the road circulation system necessary to service
1 the development as outlined.
2. An estimate of the expected traffic volume on each new or existing major
thoroughfare and bridge facility in the area based on the Development
1 Program and appropriate trip end generation rates as determined by the Public
Works Director. (Sample rates attached.)
3. The extent and cost of new or augmented bridge facilities and . major
thoroughfares required to handle the expected traffic volumes.
1
4. A financing program as provided by Section C.
To approve any road plan and associated area of benefit fee, the Board of
Supervisors must find that the road improvements are necessary and.desirable to
implement the Development Program for the area.
B. ASSESSMENT OF BRIDGE CROSSING AND MAJOR THOROUGHFARE COSTS
WITHIN THE AREA OF BENEFIT.
The area of benefit will be assessed for the construction costs of the new or
( augmented major thoroughfares and/or bridge facilities required to .support the.
increase- in traffic. This cost shall include preparation of the Development Program,
preliminary and construction engineering, right of way engineering and acquisition,
essential road drainage facilities,.and other appurtenant road needs. Utilities will
not be included in these costs-
C. APPORTIONMENT OF BRIDGE CROSSING FEES AND MAJOR THOROUGHFARE
FEES_
' These fees shall be apportioned within the area of benefit. in the following manner:
1. The Public Works Department shall make the followfi,o estimates:
(a) The total cost of the new or augmented bridge facilities and ';major
thoroughfares required to support the future traffic demand as identified
in the Development Program.
(b) The total potential Average Daily Traffic (ADT) generation for all the
property within the area of benefit, based on the Development Program.
(c) The potential Average Daily Traffic (ADT) generation for each parcel of
property under consideration for assessment, based on the Development t
Program.
2. One of the following formulas may be used in distributing the fees:
(a) Total Estimated Const. Costs (Item (a) above) X ADT for the Parcel (Item (c) above)
Total ADT for Area of Benefit (Item (b) above)
(b) Total Estimated Construction Costs (Item (a) above)
Total Number of Dwelling Units within Area of Benefit (From the
Development Program)
The above formulas are- not exclusive. Other apportionment methods may be
PP Y
used as the Public Works Director considers pertinent.
3. The Public Works Director may from time, to time, recommend to the Board of.
Supervisors an amendment-. to revise estimates and assessments reflecting
changes`in construction costs, changes in general plan and for similar cause.
D. COLLECTION OF FEES
Fees shall be applicable to all property within the area of benefit, and will be
payable'as a condition of approval of a -final subdivision map or as a condition of ,
issuing a building permit, but not both. This requirement is conditioned by the
f ollowing:
1. Each proposed development must identify its potential ' traffic 'impact on
existing roads. Such an analysis must .account for all approved and currently
planned development.
i
If a proposed subdivision will cause a need, either entirely or in part, for anew
major thoroughfare, the Board of Supervisors may impose, as a condition of
development, the requirement to either build the road, advance the funds for
construction of the road or form an assessment district if other appropriate
sources of funding exist or if it determined that existing development should
share the cost.
If the requirement to build the road or advance the funds to build the road is
imposed, an agreement may be drawn between the County and the developer
for reimbursement of costs in excess of the subdivisions assessed fee.
2. A developer may advance cash in excess of his assessed fee to ensure the
construction, of a portion of the required improvements concurrent with his
development or subdivision. The Board of Supervisors may enter into an
agreement with the developer providing for reimbursement to the developer
from future fees to be collected from the area of benefit for any cash advance
' exceeding his assessed fee.
1 3. Collected fees shall be budgeted for road improvements on the specified
thoroughfare or bridge within a reasonable period of time after collection.
Specific Board approval must be obtained for the accrual of funds beyond a
period of ten years.
4. Where a tentative map has been approved prior to the establishment of an area
of benefit, payment of the fee will not be required as a condition of approval
of the final map.
1 .
6
GENERAL.GUIDE ON
TRIP END GENERATION RATES BY LAND USE
DAILY ,
TYPE OF LAND USE TYPE OF DEVELOPMENT RANGE
RESIDENTIAL Subdivision 8-12.7 TE per Occupied Dwelling
Unit
Apartment (Condominiums) 3.1-7.9 TE per Occupied Dwelling
Unit
Mobile 'Home Park 2.8-6.8 TE per Occupied Dwelling
Unit
Retirement Community 2.9-4.9 TE per Occupied Dwelling
Unit
COMMERCIAL . Shopping Center (Regional) 149-671 TE per Net Acre
Shopping Center (Neighborhood) 800-1064 TE per Net Acre'
Commercial Office Bldg. 88-236 TE per 10,000 sq.ft. floor
area
Medical Office 31-53 TE per Doctor
Motel 4.7-14.6 TE per Occupied Unit
Restaurant(Sit Down) 9.1-19.5 TE per Employee
Restaurant (Fast Food) 62-89 TE per Employee
Bank, Savings & Loan 30.5-31.9 TE per Employee
Service Station 41-79 TE per Employee
l
1
I
1
1
1
1
IDofSUPpolicy
In the Board of Supervisors
of
' Contra Costa County, State of California
July 17 , 19 79
' In the Matter of
Proposed Bridge.Crossing and Major
Thoroughfare Fee Policy.
1 The Board, on June 26, 1979, introduced Ordinance 79-80 to provide for
the establishment of fees for bridges and major thoroughfares and referred to
the Public Works Director for further review and recommendation the proposed
policy to implement same and the revisions requested by Supervisor Eric H.
Hasseltine. Ordinance 79-80 was adopted by the Board on July 3, 1979.
On July 10, 1979, the Board again considered the policy and requested
the Public Works Director to make further revisions in accordance with wording
submitted by Supervisor Hasseltine.
The Board having this day discussed the policy as revised and having
further added the following paragraph to Section A:
"A development program must exist for all land within any proposed
area of benefit and for all land abutting any proposed major
thoroughfare. Since the purpose of this policy is to assess fees
in connection with land development, the area of benefit may not
include any area designated as Open Space in the current General
Plan, and must include all land abutting a proposed major thorough-
fare unless such land is designated as Open Space."
IT IS BY THE BOARD ORDERED that the Bridge Crossing and Major Thoroughfare
Fee Policy is APPROVED as amended by the Board on this date.
PASSED July 17, 1979 by the following vote of the Board:
1 AYES: Supervisors T. Powers, R. I. Schroder, S. W. McPeak and
E. H. Hasseltine.
' NOES: Supervisor N. C. Fanden (indicating she opposed the
Amendment because she felt it might encourage
development of lands designated as open space
after a thoroughfare has been completed).
1 hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
Witness my hand and the Seal of the Board of
ORIGINATOR: Public Works Department Supervisors
' affixed thisl7th day of July 1979
cc: County Administrator,
County Counsel
Director of Planning J. R. OLSSON, Clerk
Public Works Director By &2zea �.ce� , Deputy Clerk
Helen H. Kent
' H-24 4/77 15m
ORDINANCE NO. 79-80
(Fees for Bridges & Major Thoroughfares)
The Contra Costa County Board of Supervisors ordains as follows
(omitting the parenthetical footnotes from the official text of
the enacted or amended provisions of the County Ordinance Code) :
' SECTION I. Division 913 is added to the Ordinance Code, to provide
or the establishment and levy of fees , as a condition of subdividing
land or getting building permits within areas benefited, to pay for
the cost of constructing bridges and/or major thoroughfares , pursuant
to Government Code Sec. 66484 , to read:
DIVISION 913
BRIDGE CROSSINGS AND MAJOR THOROUGHFARES
CHAPTER 913-2
' GENERAL
' ARTICLE 913-2 . 2 General Provisions .
913-2 . 202 Purpose. This Division effectuates the Subdivision
Map Act overnment Code Sections 66410 and following) , including
f future amendments thereto , and constitutes the ordinance referred to
in Section 66484 therein.
(Ord. 79- 80 . )
913-2 . 204 Regulations . The Board of Supervisors , from time to
time by resolution.-, may issue regulations to establish administrative,
procedural, interpretative, and policy direction concerning the pro-
visions of this Division.
(Ord. 79-80 . )
1 ARTICLE 913-2 .4 Definitions .
n
' 913-2 .402 =General . Unless otherwise specifically provided, or
required by tEe context, the following terms have these meanings in
this Division; and these terms and all provisions in this Division are
to effectuate Government Code Section 66484 and shall be interpreted
and applied accordingly.
(Ord. 79- 80 )
ORDINANCE NO. 79- 80
913-2. 404 Area of Benefit. "Area of benefit" means an area, not
necessarily contiguous , which is determined by the Public Works Director
to be benefited by a proposed bridge or major thoroughfare, and which is
. established by the Board of Supervisors .
(Ord. 79- 80 . )
913-2 . 406 Bridge. "Bridge" means a bridge where the transportation ,
or floodcontrol pro isions of the circulation element of the general
plan identify railways , freeways, streams or canyons for which bridges '
crossings are required on general plan or local. roads , if the County
adopted such provisions effective at least thirty days before the filing
of a final map or an application for a building permit. '
(Ord. 79-80 , )
913-2 . 408 Buildin Inspector. "Building Inspector" means the
County ' s Director of Building Inspection and includes his duly authorized
subordinates .
(Ord. 79-80 see §72-2 . 001. )
913-2 . 410 Circulation Element. "Circulation element" means the ,
part of n general plan required an described in Government Code Section
65302 (b) . '
(Ord. 79-80 . )
913-2 . 412 Construction. "Construction"means design, acquisition
of right-of-way, administration of construction contracts , and actual
construction.
(Ord. 79-80 . )
913-2 . 414 General Plan. "General plan" means the statement of ,
development policies a opted by the County pursuant to Article 5 of
Chapter 3 of .the Planning and Zoning Law (Government Code Sections
65300 and following) .
(Ord. 79-80 • )
913-2 . 416 Major Thoroughfares . "Major thoroughfares" means those '
major thoroughfares , identified inthecirculation element, whose primary
purpose is to carry through traffic and provide a network connecting
to the state highway system, if the County adopted such circulation '
element effective at least .thirty days before the filing of a final map
or an application for a building permit.
(Ord. 79-80 . )
913-2. 418 Public Works Director. "Public Works Director" means ,
the County' s Director of Public Works and includes his duly author-
ized subordinates . ,
(Ord. 79-80 see §24-22 . 006 . )
ORDINANCE NO. 79- 80
CHAPTER 913-4
REQUIREMENTS
ARTICLE 913-4 . 2 Fees Required.
913-4 .202 Subdivisions . As a condition of approval of a final
' map, the sugUivvider of lan7—, any portion of which is located in an
area of benefit, shall pay the fee established and apportioned to that
land within the area of benefit pursuant to this Division for the pur-
pose of defraying the actual or estimated cost of constructing bridges
and/or major thoroughfares.
(Ord. 79- 80 . )
913-4 .204 Building Permits. As a condition of approval of a
building permit, an owner of property, any portion of which is located
in an area of benefit, shall pay the fee established and apportioned
to that property within the area of benefit pursuant to this Division
for the purpose of defraying the actual or estimated cost of construct-
ing bridges and/or major thoroughfares .
(Ord. 79- E0 . )
ARTICLE 913-4 .4 Exceptions .
' 913-4 .402 Existing Roads/Bridges . Notwithstanding the provisions
of Article 913-4 .Y,—payment of fees shall not be required for major
thoroughfares unless such major thoroughfares are in addition to, or a
' reconstruction of, any existing major thoroughfares serving the area
at the time of the adoption of the boundaries of the area of benefit,
or for bridge facilities unless the planned bridge facility is an
original bridge serving the area or an addition to any existing bridge
facility serving the area at the time of the adoption of the boundaries
of the area of benefit. Such fees shall not be expended to reimburse
the cost of existing bridge facility construction.
(Ord. 79- 80 . )
913-4 .404 Existing Buildings. Notwithstanding the provisions
of Article -4 .'£, payment of such fees shall not be required as a
condition of issuing a building permit for the following :
(1) The alteration or enlargement of an existing building or
structure, and/or the erection of any building (s) or structure (s)
accessory thereto, on the same parcel of land, provided all the follow-
ing conditions are met:
(A) the total value, as determined by the Building Inspector,
of all such work proposed to be or actually completed within any three-
year period does not exceed one-half of the value (as shown on the
Assessor's records) of all existing improvements on that parcel of
land;
' (B) the work does not change the classification of occupancy
as defined by Section 501 of the Uniform Building Code; and
(C) the work will not change the potential for traffic
generation or traffic attraction.
(2) Any alteration or enlargement of an existing residential
building or structure not creating an additional dwelling unit.
ORDINANCE NO. 79-80
-3-
(3) Private garages, children' s playhouses , radio and television
receiving antennas, windmills, silos, tank houses , shops, barns , coops ,
stables, pools, patios, and other buildings which are accessory to one-
family or two-family dwellings .
(4) Outdoor advertising structures .
(5) Agricultural buildings or structures . ,
(Ord. 79- 80 . )
913-4 .406 No Double- Payment. No property will be assessed a ,
fee under thig Division = both a final map and a building permit.
(Ord. 79- 80 . )
. ARTICLE 913-4 .6 Reduction of Fee.
913-4 . 602 In Lieu Considerations. In its discretion, the Board
of Supervisors may accept consider-all'-ons (such as land, easements ,
dedications , structures, or construction) in lieu of the payment of
fees , if it finds that the considerations are equivalent in value to
the fees apportioned under this Division and that such in lieu consider-
ation will serve the purpose of this Division.
(Ord. 79- 80 . )
913-4 : 604 In Lieu Dedication. The County may require or accept
the dediiccation an or improvement of right-of-way along a major thorough-
fare and may reduce the fees apportioned to a parcel by an amount equal
to the value of the right-of-way and improvements , as determined by the
Public Works Director, if that value was included in the calculation of
the fee.
(Ord. 79-80 . )
913-4 . 606 Fee Added Condition. Nothing in this Division shall
relieve a developer from the requirements of this Code to dedicate lands
for public roads and improve public roads as a condition of approval of
a final map, or as a condition of issuing a building permit.
(Ord. 79-80 . )
CHAPTER 913-6
PROCEDURES
913-6 .002 Report. The Public Works Director shall prepare a
report or each proposed area of benefit for which a fee under this
Division is to be imposed, and shall file it with the Clerk of the Board
of Supervisors. -The Clerk shall fix a time, date, and place for Board
hearing thereon and for filing objections or protests thereto.
(Ord. 79-80 .)
913-6.004 Contents . The report shall contain preliminary infor- ,
mation re ate to it a oundaries of the area of benefit, the estimated
costs, and the method (s) of fee apportionment.
(Ord. 79-80 .) '
ORDINANCE NO. 79-80 '
-4-
' 913-6 .006 Method of Fee Apportionment. The Public Works Director
shall compute and apportion the eey any ormula (s) or methods) which
ifairly distributes the fee among all subject parcels in proportion to
the estimated benefits they will receive from the proposed improvement.
(Ord. 79-80 , )
' 913-6 . 008 Apportionment - Ma or Thoroughfares. In the case of
major thorougEfares , the method of fee apportionment shall not provide
for higher fees on land which abuts the proposed improvement, except
where the abutting property is provided direct usable access to the
' major thoroughfare.
(Ord. 79-80 . )
913-6 . 010 Fee Applicable To All Propert Such apportioned fees
shall apply to al property within the area o benefit.
(Ord. 79- 80 . ) .
913-6 . 012 Exempted Property . Where the area of benefit includes
property not subject to the payment of fees pursuant to this Division,
the Board shall provide for payment of the share of improvement costs
apportioned to such property from other sources .
(Ord. 79-80, , )
913-6 . 014 Notice of Hearing. The Public Works Director shall
' mail notice o the hearing, in accordance with the provisions of
Government Code Section 65905 , at least ten days beforehand, to the
owners of each parcel of land, or portion thereof, situated within the
area of benefit.
(Ord. 79- 80 . )
913-6 . 016 Protest. At any time not later than the hour set for
hearing, any owneF--o-r—property situated within the area of benefit may-
protest
ayprotest the proposed area of benefit, method of apportioning the fee,
or the improvement, or all of them. Such protest must be in writing
and must contain a description of the property in which each signer of
the protest is interested, sufficient to identify it, and, if the
signers are not shown on .the last equalized assessment roll as the
owners of such property, must contain or be accompanied by written
' evidence that such signers are the owners of such property. All such
protests shall be delivered to the Clerk of the Board, and no other
protests or objections shall be considered.
(Ord. 79-80 , )
913-6 . 018 Withdrawal of Protest. Any protest may be withdrawn
in writing by the owner maKing it, at any time before the conclusion
of a public hearing held under the provisions of. this Division.
(Ord. 79- 80 , )
913-6 .020 MajoritZ Protest.. If, within the. same time when
' protests may be filedunder a provisions of Section 913-6 .016, there .
is .filed. a_ written protest by the owners of more: than one-half of the
area. of the: property to be benefited by the improvement, and sufficient
protests are- not withdrawn so as- to reduce the area represented to one_.
' half of that to be benefited, or less, then the. proposed proceedings
'. ORDINANCE NO. 79- 80
i -5-
shall be abandoned, and for one year from the filing of that protest-
the Board shall not commence or carry on any proceedings for the same
improvement or acquisition under the provisions of this Division.
Nothing in this Division shall preclude the processing and recordation ,
of maps in accordance with other provisions of this Title 9 if proceed-
ings are abandoned.
(Ord. 79-80 . )
913-6 . 022 Partial Protest. If any majority protest is directed
against only a portion of the improvement, all further proceedings under
the provisions of this Division to construct that portion of the improve-
ment so protested against shall be barred for a period of one year, but
the Board may begin new proceedings not including any part of the improve-
ment or acquisition so protested against. The Board, within such
one-year period, may commence and carry on new proceedings for the ,
construction of. a portion of the improvement so protested against if it
finds , by the affirmative vote of four-fifths of its members , that the
owners or more than one-half of the area of the property to be benefited
are in favor of going forward with such portion of the improvement or ,
acquisition.
(Ord. 79-80 . )
913-6 . 024 Hearing. The Board shall. hear the matter as scheduled, ,
or as postponed or continued for good cause, and consider any objections
or protests . At such hearing, the Board may then adopt, revise, . reduce
or increase any portion of the report. The Board, by resolution, shall ,
establish the boundaries of the area of benefit, the costs , whether
actual or estimated, and a fair method of allocation of costs to the
area of benefit and fee apportionment. ,
(Ord. 79- 80
)
913-6 . 026 Recording Resolution. The Clerk of the Board shall
promptly :.pie a certi=:-ea copy 7=s resolution with the County
Recorder.
(Ord. 79- 80 )
CHAPTER 913-8
FINANCIAL. PROVISIONS
913-8 .002 Establishment of Fund. A fund. shall. be established
for each p anned bridge facility and each planned. major- thoroughfare
project. If the area of benefit is one in which more. than one bridge
is required. to be constructed, a fund may be established- covering- all-
of
stablished. covering- allof the bridge projects in the- area..
(Ord. 79-80 . )
913-8.004 Deposit of Fees . Fees paid pursuant to this Division
shalla eposite in. a_ planned- bridge: or major thoroughfare- fund- ,
(Ord.. 79-80 .)
913-8 .006 Use- of: Money-- Money_ in- suchfund. shall. be- expended-
solely
xpendedsolely to def F-ay a actua or estimated cost: of constructing bridges- '
over waterways-, railways, freeways , and canyons-, or constructing major-
thoroughfares
ajorthoroughfares serving- the- area to be benefited and from which the fees
comprising the fund were- collected, or to reimburse the County for, the '
cost. of constructing those improvements .
(Ord. 79-80 . )
ORDINANCE NO. 79-80
-6-
T
913-8 .008 Advance By County. The County may advance money from
' its generaT-Tund or road fund to pay the cost of constructing the
improvements and may reimburse the general fund or road fund for such
advances from planned bridge or major thoroughfares funds established
under this Chapter.
' (Ord. 79-80 . )
913-8.010 Debts. The County may incur an interest-bearing
indebtedness for tTie construction of bridges or major thoroughfares;
but the sole security for repayment of such indebtedness shall be
the money in the planned bridge or major thoroughfares funds.
(Ord. 79- 80 . )
913-8. 012 Co�unt� Funds . The County may provide funds for
the construction of bridges or major thoroughfares to defray costs
not allocated to the area of benefit.
' (Ord. 79- 80 . )
' SECTION II. EFFECTIVE DATE. This ordinance becomes effective 30
days after passage, and within 15 days of passage 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 and ADOPTED on July 3 , 1979 , by the following vote :
AYES: Supervisors - Tom Powers , N. C. Fanden, R. I . Schroder,
S . W'. McPeak, E. If. Hasseltine.
' NOES: Supervisors - None.
ABSENT: Supervisors - None.
Chairman oT the -Boa-rd of Supervisors
ATTEST: J. R. OLSSON, County Clerk E. H.HesSQltit�".
& ex Clerk o the Board (SEAL)
By: ,Deputy.
G oria M. Palomo
' SBM - 1
/7/s
(5-2-79)
(5-16-79)
(5-23-79)
( 7-2-79)
' ORDINANCE NO. 79- 80
r .
., ATTACHMENT F
C� ntfd
TO: BOARD OF SUPERVISORS ION- -Aa
FROM: Transportation Committee
W�^
^
DATE: March 19, 1990
SUBJECT: West County Joint Transportation Planning Project
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Approve resolution supporting the West County Joint Transportation
Planning Project
FISCAL IMPACT
None. The resolution recommends the project be funded by the
Contra Costa Transportation Authority through its sales tax
revenues allocated to the Regional Transportation Planning and
Growth Management Program.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On January 21, the West Contra Costa Transportation Advisory
Committee conducted a workshop of Measure C. Pursuant to this
workshop, the WCCTAC Technical Advisory Committee developed a West
County Joint Transportation Planning. Project (Project) to assist
°-ticipating jurisdictions in meeting the requirements of the
pure C Growth Management Program. The TAC is requesting
..)rsement of the Project by all jurisdictions in Western Contra
. osta County. A resolution for endorsement is attached as Exhibit
A.
The two-year project would cost an estimated $360,166. A $300,000
contribution from the Contra Costa Transportation Authority .through
its Regional Transportation Planning and Growth Management Program
will be requested. $60, 166 will be funded by the participating
jurisdictions. The work program and budget are attached as Exhibit
B.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
� c
SIGNATURE(S) : r Schroder Tan Torlakson
4- --
ACTION OF BOARD ON ArR APPROVED AS, RECOI •DED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X_ UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
cc: Community Development ATTESTED APR 3 1990
WCCTAC (via CDD) PHIL BATCHELOR, CLERK OF
THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY, l , DEPUTY
TC. lb
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 3, 1990 ::; the following vote:
AYES: Supervisors Powers, Schroder, McPeak, Torlakson and Fanden
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 90/207
SUBJECT: RESOLUTION SUPPORTING THE WEST COUNTY JOINT) '
TRANSPORTATION PLANNING PROJECT )
WHEREAS the Board" of Supervisors has adopted a countywide program to develop a
Growth Management Element to comply with the Measure C G"rowth Management
Program; and
WHEREAS the Measure C Growth Management Program requiresparticipation in a
cooperative, multi-Jurisdictional planning process to reduce cumulative regional
.'.traffic impacts of development; and
WHEREAS the. Measure C ordinance requires the Contra Costa Transportation
Authority to: support the cooperative multi-jurisdictional , planning. process
through the Regional Transportation Planning Committees and provide $10 million
in the Regional Transportation Planning and Growth Management Program for this
. purpose; and -
WHEREAS the West Contra Costa Transportation Advisory, Committee is the
designated Regional Transportation Planning Committee for. all jurisdictions in
western Contra Costa County; and
WHEREAS the -West County Joint-Transportation Planning Project (Project). proposes
to establish a multi=jurisdictional transportation planning process as required
by Measure C under the direction of -the West Contra Costa Transportation
Advisory Committee, and would provide assistance to ' participating jurisdictions
to meet the requirements of the Measure. C ,Growth Management Program; and
WHEREAS the. Project complements the County's existing. countywide effort to meet
the requirements of the Measure C Growth Management. Program by providing a
multi-jurisdictional transportation planning process in western Contra Costa
County and by preparing transportation data to meet the requirements of Measure
C.
NOW THEREFORE, be it resolved by the Board .of Supervisors of- Contra Costa County
as follows:
SECTION 1. The . Board supports the West .County Joint Transportation Planning
Project .as -described. in Attachment . A with the understanding that the project
will be coordinated with the multi-jurisdictional transportation planning
activities in other regions of the County.
SECTION 2. The Board supports the request to the: Contra Costa Transportation
Authority to fully fund the $360,166 cost of the Project as described in
Attachment B through the use of sales tax . revenues 'from the Regional
Transportation Planning and Growth Management Program:
1 hereby certify that U,is is a ma and correct om of
an action taken and entered on the minutes of the
Board of Su
� d 1ATTESTED: . f990
PHIL BATCHELOR,Clerk of the Board
Sg of Supervisors and Countv Adminisuator
Transpo.eir/wcctac.doc _ � _ � �� �,�,• •
RESOLUTION NO. 90/207
• r ,
t a► 1.r .. .>> ''�.• �->r c.�1'%..J is ��l. p�� � L=J
DRAFT
ATTACHMENT A
WEST COUNTY JOINT
TRANSPORTATION PLANNING PROJECT
TWO YEAR WORK PROGRAM
I. OVERVIEW `
Measure 'C` requires: a cooperative transportation planning process. In response to
that requirement, West County jurisdictions have chosen to develop an inter-
jurisdictional planning structure which recognizes and maintains the autonomy of the
individual participating bodies.. This structure is based on the following objectives:
1. . Recognize the unique conditions which exist in western Contra. Costa County (e.g. ,
land use, employment, age of infrastructure).
2. Improve operation of the regional transportation facilities.
3. Achieve compliance with Measure 'C' requirements by participating jurisdictions. .
The following tasks are intended -to meet these objectives.
XI. OVERALL PROGRAM
Through a cooperative arrangement, participating West County jurisdictions will- obtain
the services of (1) technical and (1) support staff fora two year period.
The technical and support personnel shall receive policy direction from the West Contra
Costa Transportation Advisory Committee WCCTAC; technical direction from the West
Contra Costa Transportation Advisory Committee's Technical Advisory Committee (WCCTAC-
TAC); and day-to-day direction from supervisory staff of the City of Hercules. Office
space shall be provided by the City of Hercules. The general duties of the technical
and support personnel are as follows: 1) provide staff support to ' the WCCTAC and the
WCCTAC-TAC; 2) . de.velop. draft. materials an& _:information required ' to satisfy regional
compliance requirements (e.g. , TSM ordinance, regional fee structure, and regional
route service standards); and 3) assist individual jurisdictions :in developing draft
materials required for compliance submittal.
III. TASKS.
All tasks must,;be completed bym the,end.-of Year;t- 2..
1. Task #1 — Provide staff support to the _ WCCTAC and WCCTAC-TAC. This activity
involves preparing agendas and appropriate accompanying material for both bodies;
mailing appropriate materials to the committees' members and interested parties;
attending WCCTAC and WCCTAC-TAC meetings, as well as other meetings as deemed
appropriate; and taking and distributing minutes of. each WCCTAC and WCCTAC-TAC
meeting.
DRAFT
ATTACHMENT B
REST COUNTY JOINT TRANSPORTATION PLANNING PROJECT
TWO YEAR BUDGET
c
ESTLMATED TOTAL
ACTIVITY NO ACTIVITY ESTIMATED COST ESTIMATED COST TWO YEAR PROJECT
(FIRST YEAR) (SECOND YEAR) COSTS
11 PROFESSIONAL STAFF - SALARY $48,636.00 $48,636.00. ;97;272.00
12 PROFESSIONAL STAFF - BENEFITS $17,022.60 $17,022.6U $34,045.20
13 SUPPORT STAFF --SALARY $25,344,00 $25,344.00 $50,668.00
14 SUPPORT STAFF - BENEFITS $8,870.40 $8,870.40 $17,740.80
15 OFFICE EQUIPMENT, FURNITURE $6,260.00 $960,00 $7,220.00
& SUPPLIES
r
16 COMPUTER STATION $40,000.40 $0.00 $44;000.00
11 PRINTING, BINDING & MAILING $5,600.00 $5,600.00 $11,200.00
SUBTOTAL DIRECT OFFICE COSTS $151,733.00 $106,433.00' $258,166.00
18 TRAVEL $1,000.00 $1,000.00: $2,000.00
19 DATA DEVELOPMENT COSTS $14C,040.00 t. $0:40 $104,006.00
SUBTOTAL INDIRECT PROJECT COSTS $101,000.00. $1,000.00 $102,000.00
6RAND TOTAL $252,733.00 $107,433:04 $360,166.00 5
;NOTE: $60,166 to be paid by participating jurisdictions and agencies.
1-
D R A F T
April 1990
Mr. Bob McCleary.
Executive Director
Contra Costa Transportation
Authority
2702 Clayton'Road, Suite 202
Concord, CA 94519
Dear Bob:
Measure 'C' has been . widely discussed since its adoption. . The Measure's Growth
Management requirements, and related provision for "return to source funds" has -
received the most attention.
As you know, the requirement for cooperative planning is a basic objective of
Measure 'C' . West County jurisdictions are committed to this objective. Jurisdic-
tions in western Contra Costa County also believe that their constituents desire to
see return to source funds spent on transportation improvement .projects as soon as
possible. In response, western Contra Costa County .jurisdictions have chosen to
aggressively seek return to source monies through a cooperative transportation
planning program. This institutional structure will not .only meet Measure 'C'
requirements, but will also improve inter-jurisdictional coordination and coopera-
tion in addressing transportation issues facing our region.
As they are currently interpreted, compliance with :Measure 'C' requirements is
expensive. To reduce this expense, .jurisdictions in western Contra Costa developed
a proposed Joint West County Transportation Project. The program is predicated on
the establishment of the West Contra Costa Transportation Advisory Committee as a
strong policy body, providing direction for our joint efforts to seek Measure 'C'
compliance and meet the requirement for cooperative transportation planning.
An outline of the West County Joint Transportation Planning Project is contained in
Attachment A. attachment B contains a budget for the proposed project.
The current total budget for this two year project is $360,166. Participating
jurisdictions are seeking S300,000 in Measure 'C' planning monies to support a
portion of the anticipated direct project costs. Additional project costs will be
funded by individual participating jurisdictions. Commitments have been made for
the Authority to provide direct staff support for the Regional Committees. Notab-
ly, the program. will :negate the need - for that support to tcCCTAC which thereby
reduces the Authority's financial obligation to the western region.
. i a : t
I
\.
ATTACHMENT G
TO: BOARD OF SUPERVISORS .
FROM: SUPERVISORS TOM TORLARSON AND ROBERT SCHRODER
TRANSPORTATION COMMITTEE _ v L7 s ,,
DATE: MAY 9, 1989
SUBJECT: ADOPTION OF THE COUNTY ROAD IMPROVEMENT. POLICY
Specific Request(s) or ' Recommendations) & Background &
Justification
I. RECOMMENDATION
Adopt the attached County P.oad Improvement Policy and di;-ect the
Public Works Director and the Director of Community Development.
to . starl: developing the five year County Road Improvement Program
for the Board'sconsideration in time for the 1990/91 fiscal year
budget process.
II. FINANCIAL IMPACT-
Public Works and Community Development staff time" will be needed
to prepare the County Road Improvement Program Annual Report and
Recommendations.
III. REASONS FOR RECOMMENDATION/BACKGROUND
This policy is developed to guide the development of the Contra
Costa County Road Improvement. Program.
The County Road Improvement Program. (GRIP) is needed for the
following reasons:
1. The Growth Management Program of. Measure "C"requires each
participating local ' agency to develop a Growth Management
Element of its General Plan to be applied in° the development
review process and to develop a " five CRIP to meet
and/or maintain Traffic. Services and Performance Standards.
Continued on attachments" X yes Signature;
Recommendation of County Administrator
Recommendation of Board Committee
Approve Other:
Signature(sI
Action of 'Board on: May 9, 1989.
Approved as. Recommended x Other
Vote of Supervisors I HEREBY CERTIFY THAT THIS IS
A TRUE AND CORRECT COPY OF AN
X Unanimous (Absent' ) ACTION TAKEN AND ENTERED ON
Ayes: Noes: THE MINUTES OF THE BOARD OF
Absent: Abstain: SUPERVISORS ON DATE SHOWN.
Attested [
Orig. Div. : Trans. Comma PHIL BATCHELOR,
cc: County Administrator CLERK OF THE BOARD
Public Works, Director" OF SUPERVISORS AND
Director of Community Development COUNTY ADMINISTRATOR
County Counsel
By
_Qde_�
Di"PUTY CLERK
\lJ
Board of Supervisors
May 9, 1989.
Page Two
2. Government Code Section 66002 authorizes a local agency,
such as the County, to adopt a transportation capital
improvement plan to identify the use of developer fees.
3. Development of stable funding sources for, transportation and
project delivery are of interest to the Board of.
Supervisors. The CRIP, and the process in developing the
CRIP will allow the Board to focus on these issues.
The County Transportation Committee ' appraved the; adopticn of the
CRIP on April 25, 1989.
IV. CONSEQUENCES OF NEGATIVE ACTION
Assuming that the Board will develop and adopt the Growth
Management Element of the General Plan, without this policy,
there will not be any directions to staff.. as to the development
of the five year CRIP.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CXLIFORNIA
Adopted this Order on -May 9, 1989 by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, McPeak, Torlakson
NOES: None
ABSENT: None
ABSTAIN: None RESOLUTION N. O. 89/306
SUBJECT:. COUNTY ROAD IlIPROVEMENT POLICY
This policy shall be known as the County Road Improvement Policy.
It will guide the development of the Contra Costa County Road
Improvement Program (CRIP) as authorized by Government Code
Section 66002andas required under the Growth Management Element
of the . Contra Costa Transportation Improvement and Growth
ManagementProgram ordinance approved by the voters in November
1988 (Measure "C")
Under Section- 15061 (b) (3) of the California Environmental Quality
Act (CEQA) , it- can be seen with certainty that there is no
possibility that.- the - approval of this; policy may.,, have a
significant effect -on,-theenvironment and therefore, the approval
of this policy. is not -subject to CEQA.
The Board- of Supervisors . FINDS and DECLARES as follows:
1 A shortfall -in road maintenance funding in the past has
created a $20 million backlog of road reconstruction and
.rehabilitation, and this backlog .is increasing at a rate of
several million dollars a year.
2. The existing revenue from gasoline tax only provides about
. 50 percent of the funding needed to adequately maintain the
County's road system.
3. The existing urban traffic congestion has substantially
reduced the quality of life in Contra Costa ?County.
4: Thisurban traffic congestion degrades the air quality of
Contra Costa County and wastes scarce energy resources.
5:_. ..,Solutions to the urban traffic congestion ' problem require
coordination 'and-'-cooperation between -- the State, regional,
and local governments as well as the transit providers. It
is the intent of the Board of Supervisors to work .closely
with the cities in the County, the transit providers, the
Metropolitan Transportation Commission,, and the State so
that the CRIP will become part of the region' s effort to
solve the congestion problems in the region.
5. The intent of the funds set aside for local streets and
roads from Measure; "C" is to correct existing maintenance
and capacity problems.
7. The Growth Management Program of Measure "','C" requires each
participating local agency to develop a Growth Management
Element of its General Plan to be applied in the development
review process and to develop a five ; year CRIP to meet
and/or maintain Traffic Service and -Performance Standards.
8. The 1979 Bridge and Thoroughfare Policy of. the Board of
Supervisors requires new development to mitigate traffic
impacts created: by the development.
J
Board of Supervisors
May 9, 1989
Page Two
9. Government Code Section 65002 authorize a local agency, such
as the County, to .adopt a transportation capital improvement
plan to identify the use of developer fees.
10. There is a need to develop additional and stable funding
sources for county road maintenance, reconstruction and
capital improvement needs.
11. '- Road`-improvement" projects require years of advance planning,
coordination .and cooperation between various agencies before
construction.
12. The Contra Costa CRIP and `-hs iranSportaticn systems
management efforts of the . County --re intended to compliment
,each other to improve the quality of life,, air quality and
safety, and to reduce traffic congestion in the County.
NOW, THEREFORE, the Board of Supervisors RESOLVrS. as. follows:
The Board of Supervisors hereby adopts tl;.e County Road
Improvement Policy set forth in this Resolution. The Policy
shall consist of the following elements: I), Program Priority,
II) Program Level and III) Program. Procedure.
I.. PROGRAM PRIORITY
Road funds shall be budgeted and expended to maximize the use of
Federal and State funds- and shall be based on the .following order
of priorities.
A. Maintenance of streets and roads.
B. Construction' and installation of traffic safety
improvements.
C. Reconstruction and rehabilitation of roads.
D. Relief of traffic congestion which developed prior to
November. 1988.
E. Relief of traffic congestion resulting ' from development
after November 1988.
II. PROGRAM 'LEVELS
Road funds are derived from many sources, and the Board . of
Supervisors intends that the following priorities shall be used
,in expending the different sources ofroad funds::-
A. Highway User Fees (Gas Tax)
1. Road operation and maintenance
3. Traffic safety and hazard. elimination projects
Sufficient funds shall be budgeted `fore operation and
maintenance at a level not falling below that of FY 1988.
If funds are available after operation, and maintenance,
they shall be budgeted for safety and hazard elimination
projects.
In the event that additional user fees become available,
either from State -or Federal pass-through or from a locally
or regionally imposed user fee, the additional revenue shall
be used first to remove the shortfall in maintenance
funding, , then it shall be used to fund' other programs in
accordance with the priorities set forth in Section I.
7 4
Board of Supervisors
May 9, 1989
Page Three
B. Measure "C" Revenue Priorities.
1. A minimum program level of $300, 000 a year for road
safety and hazard elimination projects less any funds
from gasoline tax, federal and state grants.
2. Reconstruction of County roads.
3 . Rehabilitation of County roads..
4 . Traffic congestion relief of problems, which exiFstad
before November. 1988.
Priority shall be given to low cost :system management
projects that will improve air quality and encourage the use
of carpools, van pools, and mass transit.
C. Area of Benefit Revenues.
Developer fees generated through areas of benefit •shall be used
to fund projects designed to mitigate the traffic impact of
developments as identified in. the area of benefit program report
and as mandated in the growth management program of Measure "C".
D. Additional Funding Sources.
The Board of Supervisors recognizes that existing funding is
inadequate to address the County's road maintenance and capital
needs. The Public Works Director is hereby directed to develop
additional stable . funding sources for maintenance, to reduce the
.reconstruction and rehabilitation backlog, and to improve the
County's road system. The Public Works Director is further
directed to maximize the use of Federal and State funds. The
Public Works Director shall report to the Board periodically on
progress in developing additional funding sources.
III. PROGRAM PROCEDURE.
A. As specified ' in Section 913 of the County ,Ordinance Code,
the Director of Community Development and the Public Works
Director shall jointly develop areas of benefit to require
,-----.,payments by developments into trust accounts for
improvements to major thoroughfares and bridges as
mitigation for their traffic impacts. The areas of benefit
shall bedeveloped to implement the circulation element of
the County's General.• Plan. The circulation element of the
General Plan is hereby considered to be the long range GRIP.
B. The following procedure shall be used to develop the five
year GRIP.
1. The five year CRIP is a short range implementation plan
of the Circulation Element and Growth Management
Element of the• General Plan
2. Each year no later than June 15, the Director of
Community Development shall provide the Public Works
Director with a forecast of development trends in the
unincorporated areas in Contra Costa County for the
five succeeding years.
3 . The Public Works Director and the County Administrator
shall compile information on fund estimates from State
gasoline tax, local funds, State and Federal grants,
developer fees and other sources.
Board of Supervisors
May 9, 1989
Page Four
4. The fund estimate shall be presented to the
Transportation Committee of the Board of Supervisors
for review and approval by September °15 ,of each year.
5.- After fund estimate approval, the Public' Works Director
shall prepare, . with input from the Director of
Community Development and communities in the County,
the fifth year. additions- to the CRIP. `All new project,
additions . and .revisions will take into consideration
this noli>ry, funding limitations, developmf'nt -r^nds ,
and the Growth Management Program of '.Measure
6. Before January, of every year. Fhb Public 'orks
Director shall prepare a report to the Transportation
Committee which will include the follrwng:
a,. The -draft five year CRIP.
_ b. Comparison of the current' ;year' s project
delivery schedule against the current CRIP. ,
c. Identification of the shortfalls , in funding by
program categories.
d. Information about the progress. in'. development of
additional funding sources.
7. • The. Director 'of Community Development shall. provide an
analysis of the proposed CRIP with respect to any
,applicable Growth Management . Program'' of,; Measure "C" and
the General Plan.
8.' Upon approval of the draft report by" the Transportation
Committee, it shall be circulated ' for comment and
review.. .
9. The Transportation Committee shall hold a public
hearing • on the °draft CRIP at the conclusion of the
public review period.
10. The Transportation Committee shall° present the CRIP
findings and recommendations to „ the Board of
Supervisors for their action no later "than March 1 of
each year.
The Board of Supervisors hereby directs the Community Development
Department to ,file a Notice of Exemption with the' County Clerk.
This policy- was reviewed by the County Transportation -Committee
on February 27, and approved for adoption on April, 25, 1989 .
1 hereby certify that this is a true and correct copy of
an action taken end entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: 9 /9 X`9
PHIL BATCHEL Clerk of the Board
of Supervisors and County Administrator
Py Do"
RESOLUTION NO. 89/306
%► �-'- ATTACHMENT H
Contra Costa County III. Land Use Element
Planning Commission Hearing Draft General Plan March, 1989
3-E. To recognize and support existing land use densities in most
communities, while encouraging higher densities in. appropriate areas,
such as near major transportation hubs and job centers.
3-F. To permit urban development only in locations of the County where
public service delivery systems that meet applicable performance
standards are provided or committed.
3-G. To discourage development on vacant rural lands outside of planned
urban areas which is not related to agriculture, mineral extraction,
wind energy or other appropriate rural uses; and to discourage
subdivision down to minimum parcel size of rural lands that are
within, or accessible only through, geologically unstable areas.
3-H. To adopt and implement an innovative Countywide growth management
program which effectively links land use policy with transportation
and other infrastructure improvements.
3-I. To coordinate effectively the land use policies of the County General
Plan with those plans adopted by the cities and special service
districts.
3-J. To encourage a development pattern that promotes the individuality and
unique character of each community in the County.
3-K. To develop a balance between job availability and housing availability
with consideration given to wage levels, commute distance and housing
affordability. The individual characteristics of the several
subregions of the County and their interaction with other regions
shall be considered when establishing criteria for delivering that
balance.
Land Use Policies
The following are broad, Countywide policies which apply to all properties. More
detailed development policies for specific areas in the County are found in the
"Local Plan Policies" section at the end of this chapter.
Jobs/Housing Balance
3-1. Housing infill shall be supported and stimulated where the jobs/
housing ratio shows an overabundance of jobs to housing.
3-2. Job infill shall be supported and stimulated where the jobs/housing
ratio shows an overabundance of housing to jobs.
3-3. Areas experiencing rapid' urban growth shall be developed so as to
provide a balance of new residential and employment opportunities.
3-4. Financing mechanisms shall be developed which spread the costs of
facilitating jobs/housing balance between existing and new
development.
40.
r „1, N'�
Contra Costa County II.I . Land Use Element
Planning Commission: Hearing Draft General Plan March, 1989
Uses allowed- in the "Water" designation area ' include transport facilities
associated with adjacent . heavy industrial plants, such as ports and
wharves; .and -water-oriented recreation uses such as boating and fishing.
The construction of new residences or commercial uses and the subdivision
of land is inconsistent with this General Plan designation.
Implementation Measures
The following specific measures should be implemented in order to carry out. the
land use goals and policies outlined in this chapter. The major implementation
measure for this plan is ,a growth management program. 'The growth management
program is described in the final section of this chapter.
.Overall Measures
3-a.. Revise the County Zoning Ordinance and other ordinances "to conform
with the land use designations included in this General Plan, e.g.
delete the F-R, U, A-1, and F-1 zoning districts; . create a new
Commercial. Recreation district.
3-b. During project review, require that proposed uses on the edges of land
use designations be evaluated to ensure compatibility with adjacent
planned uses.
3-c. Require the dedication of deeded development rights to the County for
lands to be protected. as open space.
3-d. Review proposed land development projects for consistency with land
use designations and relevant policies and standards of each element
of the General Plan.
3-e. -Review proposed amendments to the General Plan to ensure continued
internal consistency among the elements.
Jobs/Housing Balance
3-f. Adopt land use regulations which allow mixed use developments as a
mechanism for achieving a jobs/housing balance.
3-g. Require staff reports on development applications for residential
developments of 100 or more units to address the impact of that
development. upon the subregional jobs/housing balance.
3-h. Require staff reports on development applications for commercial ,
light industrial and office developments of more than 10,000 square
feet or generating 25 or more jobs to .address the impact of that
development upon the subregional jobs/housing balance.
3-i . Provide incentives to encourage the construction of affordable housing
�v in areas where few such opportunities exist and significant employment.
centers exist or are proposed.
61.
ATTACHMENT I
ORDINANCE NO. 87-95
COUNTY OF CONTRA COSTA
TRANSPORTATION SYSTEM MANAGEMENT ORDINANCE
The Contra Costa County Board of Supervisors ordains as follows:
SECTION I . FINDINGS The Board of Supervisors hereby finds and
determines that:
A. There has been a significant increase in new employment and
housing opportunities in Contra Costa County and the cities in
Contra Costa County, and this is anticipated to continue during
the next twenty ( 20) years;
B. Recent growth and increased development and redevelopment within
the County will lead to increased traffic coming to and from,
and within the County, especially along the Interstate 80 (I-80)
and Interstate 680/State Route 24 (I-680/SR-24) Corridors;
C. Transportation System Management ( "TSM" ) programs have been
shown to be. capable of reducing vehicle trips and increasing
vehicle occupancy rates and can be simple, effective and . less
costly than major road improvements;
D. Decreasing the number of vehicular trips, both absolutely and
within peak traffic periods, will help alleviate traffic .
congestion, energy consumption, and noise levels, and will help
to improve and maintain air quality. These improvements
contribute to making the County an attractiveand convenient
place to live, work, visit, and do business, and will help
employers recruit and retain a qualified work force;
E. Cooperation with and coordination of TSM programs with other
cities, counties, transit agencies, the private sector, and
agencies in the region will assist the County in meeting the
purposes of this ordinance;
F. Adoption of this TSM ordinance is one component of implementing
a comprehensive approach to TSM that should be supported by
complementary land use policies, residential TSM strategies, and
transportation and transit improvements; and
G. Adoption of this TSM ordinance is in the best interests..of the
public' s health, safety, and general welfare, both within the
County and the region, and is consistent with the County' s
General Plan.
l
87-95
H. Participation of employee organizations is critical .to the
successful implementation of the TSM ordinance since theordinance may affect negotiated employee agreements.
SECTION. 11, PURPOSE, GOAL, AND OBJECTIVES
A. Purposes. In recognition of these findings, the Board of
Supervisors- of the County of Contra Costa does establish a TSM
ordinance for the following purposes:
1. To promote and encourage use 'of alternatives to commuting
by single occupant vehicle for individuals working in the
.County;
2`. To promote. efficient use of the existing transportation,
network;
}
3,. , To encourage consistency in planning and implementation of
transportation programs between public jurisdictions and
the private sector;
r
4 To reduce traffic impacts within the County and region by
reducing the ,n umber of automobile trips, daily parking
demand, and total vehicle miles per person-travelled that
might otherwise be generated .,by commuting. ,
B. - Goal. The goal of. the County in enacting this ordinance is to
assure that existing and future employers, complexes, and
projects in the unincorporated areas participate in. mitigating
traffic impacts by implementing TSM measures.
C. Primar , Objectives. The following objectives shall .be; the
primary measure for attaining the goal of this ordinance. The
objectives .shall be applied only to those employers and complex
sponsors subject to the TSM Program requirement described in
subsections D and F of section VI.
1. Interstate. 80 and Interstate..-680/State Route 24 Corridors.
For work locations in the I-80• and the I-680/SR-2.4
corridors, the primary objective is to ensure that no more
than 65 percent of all employee commute trips occur in
single"-occupant vehicles. Application of the primary
objective shall be staged in .accordance with the following
time schedule:
a. . At the time of the first annual report, unless the
employer has been in business less than 6. (six) months
or the complex has been' occupied less than 6 (six)
months, no more than 80 percent of all employee
commute trips shall occur in single occupant.
vehicles.
2
87-95
b. At the time of the second annual report, no more than
75 percent of employee commute trips shall occur in
single occupant vehicles.
C. At the time of the third annual report, no more than
70 percent of employee commute trips shall occur in
single occupant vehicles.
d. At the time of the fourth annual report, no more than
65 percent of employee commute trips shall occur in
single occupant vehicles.
2. Outside the Interstate 80 and Interstate 680/State Route 24
Corridors. For work locations outside the I-80 and I-
680/SR-24 Corridors, the primary objective is to ensure
that no more than 75 (seventy-five) percent of all employee
commute trips occur in single occupant vehicles.
Application of the. primary objective shall be staged in
accordance with the following time schedule:
a. At the time of the first annual report, unless the
employer has been in business less than 6 (six) months
or the complex has been occupied for less than 6 (six
months) , no more than 90 percent of . all employee
commute trips shall occur in single occupant vehicles.
b. At the time of the second annual report, no more than
85 percent of all employee commute trips shall occur
in single occupant vehicles.
C. At the time of the third annual report, no more than
80 percent of all employee commute trips shall occur
in single occupant vehicles.
d. At the time of the fourth annual report, no more than
75 percent of all employee commute trips shall occur
in single occupant vehicles.
.D. Alternate Objectives. The alternate objectives described in
this subsection shall be applied only to employerssubject to
the TSM Program requirement and whose worksites have one of the
following characteristics: 1) Operations occur on a 24 hour
basis, and a minimum of two separate workshifts are employed
within a 24 hour period; or 2) The nature of the business
requires use of an automobile during each work day for a
majority of the employees; or 3 ) A verifiable TSM Program
consistent with the applicable alternate objective in subsection
D of this section and that has been in effect six (6) months
prior to the adoption of this ordinance. For 'such work sites,
an employer may use, in lieu of the primary objective, the
following objectives as the alternate measure for attaining the .
goal of this ordinance.
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1. Interstate 80 and Interstate '680/State Route 24 Corridor.
For work locations in the I-80 and I-680/SR-24 Corridors,
the alternate objective is to achieve a shift in commute
modes and times so that no more than 55 percent of all
employee commute trips occur �in single occupant vehicles
during the A.M. and P.M. peak periods. This alternate
objective shall be staged in. accordance with 'the following
time schedule:
a. At the time of an employer' s first annual report,
unless the employer has 'been in business in the County
less than. 6 (six) months, no more than 70 percent of
all employee commute trips shall occur in single
occupant vehicles during each of the peak periods.
b. At the time of the second annual report, no more than
65 percent of all employee commute trips shall occur
in single occupant vehicles during each of the peak
periods.
C. At the time of the third annual report, no more than
60 percent of all employee commute trips shall occur
in single occupant .vehicles during each of the peak
periods.
d. At the time of the fourth annual report,._, no more than
55 percent of all employee commute trips- sha11 occur
in single occupant vehicles during each of the peak
periods,
2. Outside the Interstate 80 and Interstate 680/State Route 24
Corridors. For work locations outside the I-80 and
I'=680/SR-24 Corridors, the alternate objective is.. to
achieve a shift in commute modes or times so that no more
than 65 percent of all employee commute trips occur in
single occupant vehicles during each of the peak periods.
This alternate objective shall be staged in accordance with
the following time schedule:
a. At the time of an employer' s first annual report,
unless the employer has 'been in business in the County
less than 6 (six) months, no more than 80 (eighty)
percent of all employee commute trips shall occur in
single occupant vehicles during each of the peak
periods.
b. At the time of the second annual report, no more than
75 (seventy-five) percent of all .employee commute
trips shall occur in single occupant vehicles during
each of the peak periods.
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E. "Complex" means either:
1. Any business park or other non=retail, non-residential
project `in common ownership, which can be identified by two
or more of the following characteristics:
a.� it is known by a common name given to the project by
its developer;
b. itis governed .by a common set of covenants,
conditions, and restrictions;
C. it,'was approved, or is to; be approved, as an entity by
the County;
j
d. it is covered by' a single, tentative or final
subdivision map; or
2.,-•, Any multi-tenant building or group of buildings under
common ownership occupied by twenty ( 20). or more employees,
which is not included within the definition of complex
defined above; or
3.4' Any residential project containing thirteen ( 13) or more
dwelling units covered by a single tentative or final
subdivision map.
F. "Complex TSMCoordinator" means a 'representative of a Complex
Sponsor .designated to implement a TSM Program and to carry out
Any other requirements of this ordinance at the complex.
G. "Employee"= means a self-employed person or any person hired by
an employer, excluding independent contractors and part-time,
temporary, and seasonal employees,
H. "Employee commute trips" means the' ten weekly trips typically
made' by each fulltime worker Monday through Friday for the
purpose of traveling to and from work.
I . "Employer"means any public or private employer, including the
County.with a permanent place of business inthe unincorporated
area of Contra Costa County. "Employer shall not include
retail . establishments, contractors without a permanent place of
business in the County, or any other business without a;
permanent place of business in the' County, and government
agencies not required by law or regulat:Lon to follow local
regulations.
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C. At the time of the third annual report, no more,. than
70 (seventy) percent of all employee commute trips
shall occur in single occupant vehicles during each of
the peak periods.
d. At the time of the fourth annual report, no more than
.65 ( sixty-five) percent of all employee commute trips
shall occur in single occupant vehicles during each of
the peak periods.
E. Failure To Achieve the Ordinance' s Objective. Failure to
achieve the objective of this ordinance as described in
subsections C and D of this section shall not be a violation of
this ordinance. Compliance with the ordinance shall be
determined pursuant to the provisions of Section VIII.
F. Reasonable Progress. The County TSM Coordinator may require a
revised TSM Program if an employer or complex sponsor subject to
the TSM Program requirement of this ordinance is unable to show
that reasonable progress is being made to meet the objective of
this ordinance. This determination may be made by the time of
the second annual report, or any annual report thereafter. The
County TSM Coordinator may invoke such a requirement by
disapproving the existing TSM Program and requiring that ' a
revised TSM Program be prepared and submitted for. approval
within sixty ( 60) days of notification pursuant to the
provisions of Section VIZ. No employer shall be required'Ito
achieve greater progress than the progress achieved by the
County in limiting the percentage of County employees commuting
in single occupant vehicles.
SECTION III . . DEFINITIONS The following words and phrases have the
meanings ascribed to them in this section.
A. "Alternative Work Hours Program" shall mean any _system for
shifting the work day of an employee so that the work day starts
or ends outside of the peak periods. Such programs include, but
are not limited to: ( 1) compressed work weeks; ( 2) staggered
work hours that involve offsetting the fixed work hours of
employees at the workplace; and ( 3) flexible work hours
involving individually determined work hours within guidelines
set by the employer.
B. "Building Permit" means a permit to erect or construct any
structure or building or portion thereof.
C. "Carpool" means a motor vehicle occupied by two (2) or more
individuals (the driver and at least one passenger) travelling
together for commute purposes.
D. "Commute" means a home-to-work or work-to-home trip.
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J. "I-680/SR-24 Corridor" means all unincorporated territory
included in the Spheres of Influence boundaries for Clayton,
Concord, Danville, Lafayette, Martinez, Moraga, Orinda, Pleasant
Hill, San Ramon, and Walnut Creek, and all unincorporated
territory included in the 1980 boundaries for Census Tracts
3420, and 3440 (Alamo) .
K. "I-80 Corridor" means all unincorporated territory included in
the Spheres of Influence boundaries for E1 Cerrito, Hercules,
Pinole, Richmond, and San Pablo, and all unincorporated
territory in the 1980 boundaries for Census Tracts 3580 and
3560. 01 (Rodeo and Crockett) .
L. "Peak Periods" means the hours from 7 : 30 a.m. to 8: 30 a.m. and
4: 30 p.m. to 6: 00 p.m. Monday through Friday
M. "Project" means any non-residential, mixed-use development
application, or residential development application containing
thirteen ( 13 ) or more dwelling units that must be approved
through a public hearing process and 'has not received final
approval. Project shall also include any existing office or
industrial structure with at least five thousand ( 5,000) square
feet of gross floor area which proposes to increase its gross
floor area by twenty-five ( 25 ) percent or more. Development.
applications that share parking, are under common ownership, or
participate in a single project management/owner association
shall be considered a single project.
N. "Public Transit"means publicly provided transportation, usually
either by bus or rail, available to users at a fixed cost per
ride.
O. "Ridematching" means a process of identifying interested drivers
and interested riders for purposes of carpooling or vanpooling.
P. "Ridesharing" means transportation of persons in a motor vehicle
for commute purposes where the driver is not employed for that
purpose. The term includes arrangements known as carpools,
vanpools, and buspools.
Q. "Single Occupant Vehicle" means a passenger car 'or truck less
than two ( 2) tons occupied by one ( 1) individual traveling to or
from work.
R. "Sponsor" means the owner( s) or developer(s) of a project or
complex.
S. "Transportation Management Association" means a voluntary
organization of municipalities, employers, property
owners/managers, transit operators and other transportation
agencies to plan and implement commuter services for members'
employees, tenants, or users.
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87-95
11
a i
T.: "Transportation System Management" •t( "TSM" ) means strategies
used to improve the movement of persons through better and more
efficient use of the existing transportation system.
U., "Van. Pool" means 'a van occupied byseven (7) or more
individuals traveling together for ,commute purposes.
V. "Workplace" means the permanent place of ;employment or
predominant location of an employee;.
W. "Workplace TSM Coordinator"means ofperson,, who could be a
company employee,- designated to implement a TSM Program',Iand to
carryout any other requirements of. this. ordinance at the
workplace- on behalf. of the employer, or complex sponsor:,
SECTION -iv. ' COUNTY TSM 'COORDINATOR The' Director of the Community.
Development Department or his/her designee is ',;the County TSMI''
Coordinator and has the powers necessary; to:
A.: Administer the TSM` Program for all employees of the County of
Contra Costa;
B. ' Develop rules, regulations, procedures, and. forms for the
submittal of Transportation Surveys, Annual' Reports, '. and ,TSM
Programs;
C. Review and approve all TSM Programs:;
D. serve• as staff to the County TSM' Advisory Committee;
E.. Submit, on an annual basis, a . summary report to the Board of
Supervisors and the County TSM Advisory Committee describing the
results of the Transportation Surveys, and the efforts'i' of
employers and complex sponsors in attaining the. goal, .purposes,
and objectives established herein;
F. Review compliance with this ordinance and, if necessary;
recommend implementation of the enforcement provisions in
Section VIII; and
G., Recommend changes to this ordinance as may be necessary`'Mto meet
its goal, purposes, and objectives.
SECTION° V. County TSM Advisory Committee The County TSM Advisory
Committee shall monitor the implementation of ''TSM requirements,. in
accordance with the goal of this ordinance, and serve as an advisory
body to the County TSM Coordinator and the Board of, Supervisors.
A. Composition. Seven ( 7) members shall be ,appointe.d by the Board
of Supervisors using the following =criteria:
1. one ( 1) member of a labor organization nominated by the
Board of Supervisors;
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87-95
2 . One ( 1) member of a transit operator providing service
within the County and nominated by the Board of
Supervisors.
3. Two ( 2) complex sponsors nominated by the Contra Costa
Council; and
4. Three ( 3) employers nominated by the West Contra Costa
Council of Industry and the Industrial ,Association of
Contra Costa County.
B. Nominations. Nominations of the complex sponsors and employers
Sy- the organizations listed in subsection A of this section
shall be made within sixty ( 60) days of receiving a request for
nominations by the Board of Supervisors. Nominations not
received within sixty ( 60) days may be made by the Board of
Supervisors.
C. Term of Office. The term of office for each member of the
County TSM Advisory Committee shall be for one ( 1) year, except
that a member' s term shall not expire until the appointment and
qualification of a successor. Members may be reappointed for
consecutive terms.
D. Functions. The County TSM Advisory Committee shall have the
following functions:
1. Make recommendations on all appeals from decisions of the
County TSM Coordinator on TSM Programs;
2. Advise the Board of Supervisors and the. County TSM
Coordinator on any TSM matter brought to its attention by
any party;
3. Recommend changes to this ordinance as .may be necessary to
meet the goal, purposes, and objectives established herein.
4. Make recommendations to the Board of Supervisors regarding
matters concerning the formation of Transportation
Management Associations within the county, or with
neighboring jurisdictions, to help employers and sponsors
comply with the provisions of locally adopted TSM
ordinances.
. SECTION VI. TSM REQUIREMENTS
A. Application. Employers will be subject to the requirements of
this ordinance according to when the building occupied by the
employer was approved. Complex sponsors will be subject to the
requirements of this ordinance according to when the building(s)
comprising the complex was(were) approved.
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1. Upon the Effective Date. This ordinance applies to the
following employers and complex sponsors:
a. Employers of twenty ( 2;0) or more .employees who locate
in a structure approved of ter the effective_;'date of
this ordinance.
b. Employers who locate in a complex approved after the
effective date of this ordinance, if the complex is
occupied by twenty ( 20) or more employees;
C. Sponsors of complexes approved after the effective
date of this ordinance', if the complex- is occupied by
twenty ( 20) .or more employees',; and G
d. Sponsors of complexes containing thirteen ( 13 ) or, more
dwelling units approved afters the effective''date of
this ordinance.
.2.�. Twelve ( 12) Months After the Effective Date: Twelve ( 12)
months after the effective date ofl this ordinance, the
following employers and complex sponsors shall be -:subject
to its requirements:
a. Employers of twenty ( 20) or .more employees located in
structures approved before the effective date of this
ordinance;
b. All employers in complexes approved before the
effective date of this ordinance, if the complex is
occupied by twenty ( 20)' or more employees; and
P. Sponsors of complexes ,approved before the effective
date of this ordinance., if the complex is occupied by
twenty ( 20 ) or more employees'.
3.. Pleasant Hill BART Station Area All employers, I, complex
sponsors, and project sponsors 'subject to the Pleasant Hill
BART Station Area TSM Ordinance (County Ordinance No. 86-
51 ) , shall be exempt from the requirements of this
ordinance. G •
B. Employers of Twenty ( 20) or More.,Employees and All Employers in
Complexes Occupied by Twenty (20), or More Employees -�IAnnual
Transportation Surveys. Every employer, with twenty (-20) or more
employees and all employers located in Complexes occupied by
twenty ( 20) or more employees shall submit annually, Tito the
County TSM Coordinator, an Annual. Transportation Survey,
consisting of such survey information a,s is required by the
County TSM Coordinator to determine the applicability'! of TSM
requirements and to identify employee commute patterns.
gyp ,
1. Submittal. A Transportation Survey shall be submitted to
the County TSM Coordinator within sixty (60) days after the
employer becomes subject to the ordinance, and annually
thereafter by June 30 using a facsimile of the form
contained in the Appendix of this ordinance.
2. Content. Transportation Survey information shall include:
a. The number of employees at the workplace;
b. The city and zip code of each employee' s residence.;
C. The scheduled time at which each employee arrives and
leaves the work place; and
d. , The method of commuting for each employee which shall
be based on a survey of all employees, and shall be
reported using the following categories: (1) drive "
alone; ( 2) carpool driver; ( 3 ) carpool passenger; ( 4)
vanpool driver; ( 5) vanpool passenger; ( 6) bus; (7)
BART; ( 8) walk; ( 9) bicycle; and ( 10) other.
C. Employers of Twenty ( 20) or More Employees and All Employers in
Complexes Occupied by Twenty ( 20) or More Employees - TSM
Information Program. In addition to meeting the Annual
Transportation Survey requirement (subsection B of this
section) , every employer with twenty ( 20) or more employees and
all employers located in complexes occupied by twenty (20) or
more employees shall prepare, implement, and submit to the
County TSM Coordinator a TSM Information Program consisting of
incorporating posting and disseminating materials that describe
public transit, ridesharing, and non-motorized commuting
opportunities available to employees. .
1. Dissemination. Informational material shall be furnished
by the County TSM Coordinator and the employer. Updated
information relating to transit, ridesharing, and
non-motorized commuting opportunities shall be disseminated
to all employees at the time such information is provided
to the employer, and to new employees when hired.
2. Submittal. Every such employer shall submit a description
of the TSM Information Program to the County TSM .
Coordinator and implement the TSM Information Program
within two ( 2) months after the employer becomes subject to
the ordinance.
87-95 11
t-
D. Employers of one Hundred ( 100) or .>More Employees and All
Employers in Complexes Occupied by One Hundred ( 100) 6r.,-More
Employees TSM Program. In addition to meeting the Annual
Transportation Survey and TSM Information Program requirements
(subsections B and C of this ,section) , every employer with one
hundred ( 100) or more employees and all employers located in
complexes occupied by one hundred , ( 100) or more employees shall
prepare, implement, and submit a TSM Program to the County TSM
Coordinator.
1., TSM Program Content. The TSM Program shall include the
following components:
a. Workplace TSM Coordinator. Designation of an
individual as the Workplace TSM Coordinator. .
b. TSM Information Program`. The TSM Information Program
required by subsection C of Section VI.
C. TSM Measures. Any combination of TSM strategies
including, but not limited to, the use. of alternative
work scheduling, incentives for ridesharing use of
transit, and non-motorized transportation designed to
meet the applicable objective set forth in Section II.
d. Cost of Program. An estimate of the cost to 'implement
the TSM Program.
2:• Submittal. TSM Programs shall be submitted to the County
TSM Coordinator within three, ( 3 ) months after such
employers become subject to� the ordinance.
.3- Implementation.' TSM Programs shall be implemented within
thirty ( 30) days of approval.
4. Exemptions. An employer demonstrating that his/her
workplace meets the applicable objective set forth in
Section II shall . be exempt from the TSM Program . , ,.,
requirements described in this subsection.
E. "Sponsors of Complexes Occupied by Twenty ( 20) or More.-;'-
Employees. Every sponsor of a complex occupied by twenty (20)
or more employees shall:
1. Include reference to, and mandatory participation in, the
requirements of this ordinance in.: (a) any conditions,
covenants, -and restrictions ';at the time of recordation; and
(b) in every lease agreement at the time the lease is
entered; and
87-95.
2. Be responsible for meeting. the Annual Transportation Survey
and TSM Information Program requirementsof subsections•-B
and C of this section for employers with" fewer than 100.:
employees located in the complex if so requested by such
employers.
F. Sponsors of Complexes Occupied by One Hundred ( 100) or More
Employees. In addition to meeting the ordinance requirements
described in subsection E of this Section, every sponsor of a
complex occupied by one hundred ( 100) or more employees shall
prepare, implement, and submit a TSM Program to the County TSM
Coordinator . Such sponsors shall be responsible for developing
and implementing TSM Programs for employers of less than one
hundred ( 100) employees located in the complex if so requested
by such an employer.
1. TSM Program Content. The TSM Program shall include the.
following components:
a. Complex TSM Coordinator. Designation of an individual
as the Complex TSM Coordinator who shall be
responsible for primary implementation of the TSM
Program at the complex. The individual shall serve as
the liaison to the County. TSM Coordinator, the County
TSM Advisory Committee, the Workplace TSM Coordinators
in the complex, and shall participate in any
activities required by the County TSM Coordinator.
b. TSM Information Program. The TSM Information Program
required by paragraph 2 of subsection C of this
section.
C. TSM Measures. Any combination of TSM strategies to be
implemented, including but not limited to the use of
alternative work hours, incentives for ridesharing,
use of transit, and non-motorized transportation
designed to meet the applicable objective set forth in
Section II .
d. Coordination. A program for monitoring and assisting
the TSM Programs of employers within the complex.
e. Cost of Program. An estimate of the cost to implement
the TSM Program.
2. Submittal. TSM Programs shall be submitted to the County
TSM Coordinator within three ( 3) months after such sponsors
become subject to the ordinance pursuant to subsection A of
this section.
3. Implementation. TSM Programs shall be implemented within
thirty (30) days of approval.
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87-95
Exemptions. Every complex sponsor demonstrating that all
employers in- their complex meet the applicable objective
set forth in Section II, .. shail be exempt from theitSM
Program requirement described. in this subsection.
G. Annual Reports. Every employer and complex sponsor required to
have a TSM Program shall submit an Annual Report to the-County
'TSM Coordinator. Employers and complex sponsors qualifying, for
ATM Program exemption pursuant to paragraph 4 of subsection D
or F of this section, shall also "submit an Annual Report to the
County-TSM Coordinator.
1. Submittal. The report shall' be submitted`by August 1 for
the' immediately preceding July 1 to June 30 period.
2 . .., Contents - The report shall contain sufficient information
to allow the County TSM Coordinator to evaluate the extent
and results 'of the TSM measures employed. ' The Annual
Report shall contain information as required'-by the County AHMS
TSM Coordinator, which will include:
-a. A description of the measures taken to comply with t
this ordinance;
b. Changes, if any, proposed to' the TSM Program for the
ensuing.. year;
C. The results of the annual survey required pursuant to
subsection B of this section; ' "
d.'
The cost to implement the requirements of this
ordinance for the reporting period;
e. The number of off-street parking spaces available to
employees; and
f. The number of off-street, parking spaces .available to
non-employees.
y,
H. Off-Street Parking Reductions for Sponsors of' Projects; .
Sponsors of. projects may qualify for off-street parking
reductions. Such sponsors requesting parking reductions shall
submit a conceptual TSM Program to the Community Development
Department with the submittal of ;an application for the
project. If the tenant is known,,,ethe project sponsor and tenant
shall jointly submit' a conceptual.TSM Program.
'I'. Conceptual TSM Program. The.project sponsor or tenant
shall identify TSM measures that will demonstrate'
attainment of the claimed trp .reduction. The County TSM
Coordinator shall review the project' s conceptual!, TSM }
Program and make a recommendation to the Planning, '
Commission.
r
14
z �.
2. Final TSM Program. The design and implementation of a
final TSM Program shall be a condition of project
approval. Mandatory participation in the final TSM Program
shall be recorded in the conditions, covenants, and
restrictions governing the project. The TSM Program shall
be reviewed and approved by the County TSM Coordinator as
being consistent with the requirements of this ordinance
before any building permit is issued. A project' s TSM
Pr.ogram. must be implemented at the time -of initial
occupancy.
I . Sponsors of Residential Complexes - TSM Information Program. .
Sponsors of complexes that include residential uses shall
prepare and implement a TSM Information Program for owners or
renters of dwelling units within the complex. A description of
the TSM Information Program shall be submitted to the County TSM
Coordinator before any building permit is issued.
1. Owner-Occupied Units. Every complex sponsor selling or
offering for sale a residential dwelling in a complex to a
prospective buyer shall notify and offer as soon as it may
be done to that buyer, materials describing public transit,
ridesharing, and non-motorized commuting opportunities
available to that buyer in the vicinity of the complex.
2. Rental Units. Every complex sponsor renting or offering
for rent a residential dwelling in a complex shall notify
and offer to the prospective tenant, as soon as it may be
done, materials describing public transit, ridesharing, and
non-motorized commuting opportunities in the vicinity of
the complex. Reference to, and mandatory participation in
the requirements of this ordinance shall be included in. any
conditions, covenants, and restrictions at the time of
recordation.
SECTION VII. 'COUNTY EVALUATION OF TSM PROGRAMS
A. Review of TSM Programs, Appeal. TSM Programs shall be reviewed
and evaluated according to the procedures set forth in this
subsection.
1. County, TSM Coordinator. The County TSM Coordinator shall
review and approve, conditionally approve, or disapprove a
TSM Program within 30 days of receipt. If such action is
not taken within the thirty ( 30) day time period, the TSM
Program is deemed approved.
2. Appeal. If the County TSM Coordinator disapproves or
conditionally approves a TSM Program, the employer complex
sponsor or project sponsor may, within thirty ( 30).. days of
such decision, appeal the County TSM Coordinator' s decision
to the Board of Supervisors stating the grounds for appeal.
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87-95
i d
t
3. County TSM Advisory Committee.:. An appeal to the Board of
Supervisors -shall be automatically referred to thei'County
TSM Advisory Committee. The County TSM Advisory. Committee
shall hear the appeal and render an advisory opinion within
,. ,.sixty (60) days of the appeal date. Such opinion may
include recommendations as to ,the adequacy of the TSM
Program ,being appealed and what further components',", 'TSM
measures•, or conditions are recommended. If' an opinion is
not rendered within the sixty' ( 60) day time period,'',, -the TSM
Program is to be recommended for approval.
4. `,,;Board of' Supervisors. Within thirty ( 30) days of receipt
. of the advisory opinion of the County TSM Advisory ; .
Committee, the Board of Supervisors may approve,
,_ conditionally approve, or disapprove. a. TSM Program:;
Failure to act within the thirty ( 30) day time period will
" result in the automatic approval of the TSM Program.
B. Revised Program Upon Disapproval. :Within thirty (30) days of
disapproval of a TSM Program by the Board of Supervisors- or the
County 'TSM Coordinator, if such decision has not. been appealed,
an employer,, complex sponsor, or project sponsor shall submit a
revised TSM Program to the County TSM. Coordinator.
;C. Amendment. An amendment to an approved TSM Program may711be
approved at any time by. the County TSM Coordinator.
D. Limitations. , Nothing in this ordinance may be construed to
require an existing employer or complex sponsor to utilize TSM
measures which would constitute a .breach of an existing �;iease',
or,=which would require structural modifications or additions to
property, the nature of which would require the .issuance .of a
building permit to existing structures. .
ii
SECTION_VIII . ENFORCEMENT -
A. Failure to Provide Surveys, Annual -Reports, TSM Information
Programs,, or TSM Programs. Any employer or complex sponsor who
fails to provide to the County TSM'Coordinator the .Annual
Transportation Survey data or Annual Report required by:'this
ordinance, after thirty ( 30) days' notice. to remedy this
failure, is guilty of an infraction. Any employer, complex
sponsor, or project sponsor who fails to submit to the County.
TSM Coordinator any TSM Information_• Program or TSM Program
required by this ordinance after thirty ( 30) days' notice to
remedy the failure, is guilty of an infraction.
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87-95
1. Penalties. Every infraction violation of this ordinance. is
punishable, upon conviction thereof, by: (a) a fine not
exceeding one hundred dollars ($100) for the first
violation; (b) a fine not exceeding two hundred dollars
( $200) for a second violation of the same provision within
one year; (c) _ a fine not exceeding five hundred dollars
( $500) for each additional violation of the same provision
within one year.
2. violations - Continuing. Acts, omissions, or conditions of
violation of this ordinance which continue, exist, or
occupy more than one day constitute separate violations and
offenses on each such day. ,
B. Failure to Implement a TSM Program. Any employer, or complex
sponsor who fails to implement a term or condition of their
approved TSM Program shall have thirty ( 30) days, after notice
of such failure, to correct the failure, or satisfactorily
explain to the County TSM Advisory Committee why compliance is
not possible or that substantial progress is being made to
meeting the objectives of this ordinance. If the employer or
complex sponsor Iis not excused from compliance by the County
TSM Advisory Committee, then the County TSM Coordinator shall
refer the matter to the Board of Supervisors for one of the
following actions.
1. Time Extension. The Board of Supervisors may grant an
extension of time for compliance solely on the evidence
that time is the only condition needed to accomplish the
requirements.
2. Penalties. The Board of Supervisors may find that an
extension is not warranted, find a violation of this
ordinance, and order compliance within thirty ( 30) days.
Every violation is an infraction punishable as in
subsection A of the section.
C. Civil Enforcement:
1. Generally In addition to the penalties provided by this
ordinance, this ordinance may be enforced by an .civil
action authorized by the Board of Supervisors, directly
against the act, omission or condition, or for damages
therefor.
2. Injunction. Any failure to act as required by this
ordinance may seriously and detrimentally effect the
obtaining of the goal of this ordinance. Provided a
complex sponsor or employer is given sixty ( 60) days'
notice to comply with the provisions of this ordinance,
upon such failure, the Board of Supervisors may authorize
an action for injunctive relief, to enjoin an employer or
complex sponsor from violating the provisions of this
ordinance, including the provision of a TSM Program.
7.
87-95
a
ri
SECTION ,'M - EFFECTIVE DATE This ordinance becomes effective thirty
( 30) days after passage, and within fifteen ( 15) days after passage
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, and ADOPTED on October 27, 198,7,by the following vote:
AYES: Supervisors; Powers , Fanden, Schroder., Torlakson and McPeak
NOES: None
ABSENT: None
ABSTAIN:.None
ATTEST-: ;"PHIL BATCHELOR
Clerk of"the Board of Supervisors
and County. A inistrator
BY
Depu y Clerk t
SG:dsp( 9. 4.86)dp9:TSMord.frm Chairperson, Board. of 'Supervisor's
revised. 8. 20.87; 9.22.87; 10.29.87
18
87-95
° lk
$.7-C)5
ANNUAL TRANSPORTATION, SURVEY
To comply:.with the annual transportation survey requirement, survey thei;commute
employees'behavior of at
h
outlined�.on this form. ths iVProvide
information- muttbesubmitted to the9County' TSM
e following information
TSM
Coordinator by June 30th every year:
is Nam-e- -6f Employer
2. Address of Work Place _.
3. Contact Person and Phone No. ,f
4. Month; Day, and year of survey
5: Number of employees
6. Scheduled time employees arrive and leave the work place.
Arrive. # .of employees Leave # of emb_loyees
Before 7:30am Before 4:300m i
7:30 - 8:30am 4:30 - 6:00pm i.
After 830am After 6:300m l:
7. Method of Commuting to and from Work
Method # of Employees
Drive Alone
Carpgol/Vanpool . Passenger .
Carpool/Vanpool Driver
BART.,
Bus �
Walk
Bicycle �I
Motorcycle
Other
n
8: ZIO"-'Code of Employees' Residence (Use additional pages as needed) 'r
List # of Employees
List. Zip Codes Res.iding ,in Each Zip .Code
w.
i
_..I: ATTACHMENT J
ORDINANCE NO. 89-32
AMENDED PLEASANT HILL BART STATION AREA
TRANSPORTATION SYSTEMS MANAGEMENT ORDINANCE
The Contra Costa County Board of -Supervisors ordains as follows:-
SECTION I. FINDINGS.
A. There has been a significant increase in new employment and housing oppor-
tunities in Contra Costa County, including within the area covered by the
Pleasant Hill BART Station Area Specific Plan.
B. Adoption of the Pleasant Hill BART Station Area Specific Plan has led to
increased development activity in the vicinity of the Pleasant Hill BART
Station Area.
C. Transportation Systems Management ("TSM") programs have been shown to be
capable of reducing vehicular trips and increasing vehicle occupancy rates,
and can be simple, inexpensive, and effective.
D. Decreasing the number of vehicular trips, both abso.iuteiy and within peak
hour periods, will help alleviate traffic congestion, vehicular emissions,
energy consumption, and noise levels. These improvements contribute to
making the County an attractive and convenient place in which to live,
work, visit and do business, and help employers recruit and retain a qual-
ified work force.
E. Cooperation with and coordination of TSM programs with other cities, other
counties and communities in the-region and through regional agencies would
enhance the effectiveness of such programs.
F. Adoption of this TSM ordinance is one component of implementing a compre-
hensive approach to TSM that should be supported by complementary land use
policies, TSM strategies, and transportation improvements.
G. Adoption of this TSM ordinance is in the best interests of the public's
health, safety, and general welfare, and is consistent with and implements
the Pleasant Hill BART Station Area Specific Plan.
SECTION II . PURPOSES, GOALS AND OBJECTIVES.
A. Purposes. In recognition of these findings, the Board of Supervisors does
establish this TSM ordinance for the station- area for the following
purposes:
1. To encourage the use of alternative modes of transportation to the
single occupant vehicle;
2. To increase the efficiency of the existing transportation network;
Y!
2
E
3. To develop overall coordination between public jurisdictions and the
private sector to encourage consistency in planning and implementation
of transportation programs; -
4. To achieve change in commute modes; and
5. To reduce traffic impacts within the station area and region by
reducing the number of automobile trips, daily parking demand and
total vehicle miles per person travelled ` that might otherwise be
generated by commuting.
B. Goal . - The goal of this TSM ordinance is to assure that project sponsors
and employers in the station area participate in mitigating traffic impacts
by implementing TSM measures.
C. Objectives - Non-Residential . TSM Programs shall have the following
primary and alternate objectives:
1. Primary Objective. The primary objective ! of a TSM program is to
achieve a shift in commute modes such that at least 35%;- of all
employees commute to and from the 'workplace in alternative 'modesof
transportation, other than the single occupant vehicle (sov) _�,
2. Staging of Primary Objective. The primary objective shall be staged
in accordance with the following time schedule based upon t'he total
percentage of employees in the occupied buildings:
a. At the time of the first annual report, at least 20% of all
employees shall commute to and from the work place in alternative
modes of transportation, other than _SOVs.
b. At the time of the second annual report, at least 25% of all
employees shall commute to and from the ',!work place in alternative
modes of transportation, other than SOVs.
c. At the time of the third; annual report, at least 30% of all
employees shall commute to and from the 'work place in alternative
modes of transportation, other than SOVs.
d. At the time of the fourth annual report, at least 35%. of all
employees shall commute to and from the work place in alternative
modes of transportation, other than SOVs�.
3. Alternate Objective. For those employers and project sponsors who can
clearly demonstrate, to the satisfaction of and in accordance with
criteria developed 'by the County TSM Coordinator, that attainment of
the primary objective is not feasible, the' alternate objective may
apply. The alternate objective is to achieve' a shift in commute modes
and times so that at least 45% of all employees commute outside of the
A.M. and P.M. peak periods.
Ordinance No. 89- 32
3
4. Staging of Alternative Objective. The alternative objective shall be
staged in accordance with the following time schedule based upon the
total percentage of employees in the occupied buildings:
a. At the time of the first annual report, at least 30% of all
employees commute outside of the A.M. and P.M. peak periods.
b. At the time of the second annual report, at least 35% of all
employees commute outside of the A.M. and P.M. peak periods.
C. At the time of the third annual report, at least 40% of all
employees commute outside of the A.M. and P.M. peak periods.
d. At the time of the fourth annual report, at least 45% of all
employees commute outside of the A.M. and P.M. peak periods.
SECTION III . DEFINITIONS.
A. "Alternative Work Hours Program" means any system for shifting the work-day
of an employee so that the work day starts and/or ends outside of the peak
periods. Such programs include, but are not limited to: (1) compressed
work weeks; (2) staggered work hours involving a shift in the set work
hours of all employees at the work place; and (3) flexible work hours in-
volving individually determined work hours within guidelines established by
the employer.
B. "Building permit" means a permit to erect or construct any structure or
building or portion thereof.
C. "Carpool " means a motor vehicle occupied by two or more employees travel-
ling together.
D. "Commute" means a home-to-work or work-to-home trip.
E. "Contra Costa Centre Association" is a private non-profit organization of
developers, building owners and employers within the Pleasant Hill BART
Station Area.
F. "Employee" means any person hired by any employer, excluding independent
contractors and part-time, temporary and seasonal employees.
G. "Employer" means any public or private employer having a permanent place of
business in a project. "Employer" shall not include contractors with no
Ordinance No. 89- 32
4
permanent place of business in a project, other businesses with no perma-
nent work place and government agencies not subject to local regulation.
H. "Final Inspection" means the last inspection conducted by the Building
Inspector before occupancy.
I. "Peak Periods" means the hours from 6:30 a.m. to 8:30 a.m, and 4:00 p.m. to
6:00 p.m. during non-holiday week days measured at the work site.
J. "Project"* means any development within the unincorporated area within 3000
feet of the Pleasant Hill BART Station which is new. or for which a building
permit was issued on or after December 1, 1982, except that single build-
ings used exclusively for retail sales purposes shall be excluded.
K. "Project sponsor" means the project owner or owners.
L. "Public transit" means publicly provided transportation, usually either by
bus or rail , to users at a fixed cost per ride.
M. "Ridematching" means a process of identifying interested drivers and
interested riders for purposes of ridesharing.
N. "Ridesharing" means transportation of more than one person in a motor
vehicle for commute purposes such as carpools, vanpools and buspools.
0. '`•Single occupant vehicle" means a passenger car, or truck less than 2 tons,
occupied by one employee for commute purposes.
P. "Transportation Systems Management" ("TSM") means a program to improve the
movement of persons and goods through better and_ more efficient utilization
of the existing transportation system.
Q. "Vanpool" means a van occupied by five (5) or more employees travelling
together.
R. "Workplace" means the place of employment, base of operation, or predomi-
nant location of an employee.
S. "Workplace coordinator" means a person, who could be a company employee,
designated to implement a TSM program and carrying out any other require-
ments of this ordinance at a workplace.
SECTION IV. COUNTY TSM COORDINATOR. The Director of Community Development is
the County TSM Coordinator. The County TSM Coordinator: (1) shall review and
approve all TSM Programs and content; (2) shall develop, for submittal to the
Board of Supervisors for approval , rules, regulations, forms, guidelines and
procedures for the submittal of transportation surveys, annual reports, and TSM
programs; (3) has all those duties and powers set forth in this ordinance, and
is responsible for carrying out all acts necessary for the administration and
implementation of this ordinance; (4) shall , on an annual basis, submit a
Ordinance No. 89- 32
5 .
summary report to the Board of Supervisors and TSM Advisory Committee describing
the results of the transportation surveys, annual reports, and the success of
the TSM Programs in satisfying the goal and purposes of this ordinance; and (5)
may, at any time, recommend changes to this ordinance as may be necessary to
meet the goal , purposes and objectives established herein.
SECTION V. STATION AREA TSM ADVISORY COMMITTEE.
A. Created. The Board of Supervisors hereby finds that TSM is an area-wide
concern of both the public sector and private industry, and optimum success
of any TSM program required coordination and cooperation between public
agencies and private sector groups. Therefore, a Pleasant Hill BART
Station Area TSM Advisory Committee "TSM Advisory Committee" is hereby
created, to serve as an advisory body to the Board of Supervisors and the
County TSM Coordinator.
B. Members. The . TSM Advisory Committee shall be composed of the following
members, to be appointed by the Board of Supervisors:
1. One at large member nominated by the Board of Supervisors.
2. Two members nominated by the Board of Supervisors; who represent
employers.
3. One member nominated by the Board of Supervisors who, represents the
residential projects.
4. One member nominated by the San Francisco Bay Areae Rapid Transit
District.
5. Two members nominated by the Contra Costa Centre Association.
6. One member nominated by the City of Walnut Creek.
7: One member nominated by the City of Pleasant Hill .
C. Member Requirements. Committee members shall be persons within the area
affected by the ordinance or who have specific technical knowledge on the
operation of TSM programs.
D. Term of Office. The term of office for each member shall be one calendar
year, or portion thereof, ending on December 31 of that year, except that a
member's term shall not expire until a successor is appointed. Members may
be reappointed for consecutive terms.
E. Meetings. The TSM Advisory Committee shall establish regular scheduled
dates and times for its meetings, and shall promulgate rules for the
conduct of its meetings.
Ordinance No. 89-32
6
F. .Functions. The TSM Advisory Committee: (1) shall consider and advise the
Board of Supervisors and County TSM Coordinator on all matters as may be
referred to them; (2) shall make recommendations on all appeals from
decisions of the .County TSM Coordinator on TSM programs; (3) may consider
and render advice on any TSM matter brought to its attention by any party;
and (4) may at any time, recommend changes tothis ordinance as may be
necessary to meet the goal , purposes and objectives established herein.
SECTION VI. TRANSPORTATION SURVEY.
A. Required. I All employers in a project shall submit to the County TSM
Coordinator on an annual basis, transportation ' surveys to the County TSM
Coordinator, in accordance with the provisions of this sectyion. ' Transpor-
tation surveys shall be due on July 1 of each year, or on such other date
designated by the County TSM Coordinator.
B. Content. The transportation surveys shall include, at a minimum, the
following information:
1. The number of employees.
2. The number of employees at each workplace, if more than one workplace
is involved.
3. The number of employees per shift at each workplace.
4. The city and zip code of each employee's residence, and the employee's,
usual work schedule.
5. Based upon a survey response of at least 75`% of all employees, the
number of employees commuting to, the workplace by each of the follow-
ing modes of transportation:
a. Single occupant vehicle.
b. Carpool , including the number of occupants per vehicle.
C. Vanpool , including the number of occupants per vehicle.
d. BART.
e. Other public transportation.
f. Bicycle.
g. Walking.
h. All other modes.
Ordinance No. 89-32
7
SECTION VII. TSM PROGRAM
A. Non-Residential
1. Required. A TSM Program shall be prepared and implemented in accor-
dance with the provisions hereof by all employers located in a project
and all project sponsors.
2. Minimum components. A TSM Program shall include the following:
a. Designation of a workplace coordinator who shall be responsible
for implementing the TSM Program and serve as liaison with the
County TSM Coordinator.
b. A statement of the applicable objective.
C. A program for posting and disseminating informational materials
pertaining to transit, ridesharing, .and non-motorized commute
modes. Such informational material shall be obtained from the
County TSM Corodinator and other sources. The , program shall
provide for the dissemination of current material to new employ-
ees, and for the dissemination and/or posting of updated materi-
als.
d. 'A combination of TSM techniques developed in accordance with
written guidelines adopted by the Board of Supervisors, designed
to meet the objectives of the ordinance. TSM techniques may
include, but are not be limited to organization of van pools,
carpools or other ridesharing programs, subscription bus service
for employees, transportation incentives, parking management,
provision of amenities such as bicycle lockers, showers, transit
shelters, shuttle services or other incentives for use of alter-
native, travel modes, parking preference or other incentives for
carpooling or use of public transit.
e. An estimate of the cost to implement the TSM Program.
f. An enforcement program, designed to act as an assurance that the
TSM Program will be implemented in a manner that the ordinance
objectives are most likely to be accomplished. For project
sponsors, the enforcement program shall include the submittal of
a bond issued by a corporate surety, a letter of credit or other
financial assurance satisfactory to the County TSM Coordinator
(hereafter collectively referred to as "the bond") , guaranteeing
the implementation of the TSM Program. The bond shall be renewed
annually until the final objective has been achieved and main-
tained for a period of 12 months; however, such bond' shall not be
required longer than 7 years from the date of initial approval of
the TSM program. The bond shall be in an amount determined by
the County TSM Coordinator and shall be sufficient to fund the
implementation of the TSM Program for the following year.
Ordinance No. 89- 32
8
B. Residential . Project sponsors of new residential projects and existing
residential projects in the ordinance area obligated by their conditions of
approval to develop and implement TSM Programs- shall prepare and implement
TSM Programs and submit surveys and annual reports, in accordance with
objectives adopted by the Board of Supervisors.
C. Submittal
1. Projects. Project sponsors shall submit a proposed TSM Program to the
County TSM Coordinator with the submittal of an application for the
project. No building permit shall be issued,Funtil the TSM Program has
been approved, and a final inspection shall not be conducted until all
physical or structural elements of the TSM Program of a project or of
a particular phase of a project, have been completed.
2. Projects with Development Plan Approval . Project sponsors of projects
which have already received development plan approval shall submit a
TSM Program to the County TSM Coordinator before any building permit
may be issued. A final inspection shall not be conducted until the
TSM Program has been approved.
3. Projects with Building Permits. Project sponsors of projects which
have already been issued building permits shall submit a TSM Program
to the County TSM Coordinator within 90 days of the effective date of
this ordinance. After January 1, 1987• a final inspection shall not be
conducted until the TSM Program has been approved.
4. Employers. Employers subject to the TSM Program requirements of this
ordinance shall submit a 'TSM Program within, 90 days of the effective
date of this ordinance, or within 90 days after the employer becomes
subject to the provisions of this ordinance, or declare participation
in an approved TSM Program.
D. Joint Participation. A project sponsor's or employer's participation in an
approved TSM Program shall satisfy the TSM Program requirement of this
ordinance.
E. Review of TSM Programs, Appeal .
1. County TSM Coordinator. The County TSM Coordinator shall review and
approve, conditionally approve or disapprove a TSM Program within 30
days of receipt.
2. Appeal . If the County TSM Coordinator disapproves or conditionally
approves a TSM Program, the project sponsor or employer may, within 15
days of such decision, appeal the County TSM, Coordinator's decision to
the Board of Supervisors, stating the grounds for appeal .
Ordinance No. 89- 32
9t
3. TSM Advisory Committee. An appeal to the Board of Supervisors shall
be automatically referred to the. TSM Advisory Committee. The TSM
Advisory Committee shall hear the appeal and render an advisory
opinion within 60 days of the date of appeal . Such opinion may
include recommendations as to the adequacy of the TSM Program being
appealed and what further components, TSM techniques, conditions of
compliance assurances, including adequacy of bonding, are recommended.
4. Board of Supervisors. Within 30 days of the receipt; of the Advisory
Committee's opinion, the • Board of Supervisors shall . schedule and
conduct a public hearing. The Board of Supervisors may approve,
conditionally approve or disapprove a TSM Program.
F. New Program Upon Disapproval . Within 30 days of disapproval of a TSM
Program by the Board of Supervisors or the County TSM Coordinator, if such
decision has not been appealed, a project sponsor or employer shall submit
a new program to the County TSM Coordinator.
G. . Amendment. An amendment to an approved TSM Program may beapproved at any
time by the County TSM Coordinator. ,
H. Limitations. Nothing in this ordinance may be construed to require an
existing employer or project sponsor to utilize TSM techniques which would
constitute a breach. of an existing lease or which would require structural
modifications or additions to property, the nature of which would require
-.the issuance of a building permit..
SECTION VIII. ANNUAL REPORTS. All project sponsors and employers with approved
TSM Programs shall submit to the County TSM Coordinator an annual report,
including a transportation survey, describing the TSM Program, ' its results
during the reporting period, and recommendations for modifi',cations to the
approved TSM Program, if any.
SECTION IX. ENFORCEMENT
A. Failure to Achieve Ordinance Objectives:
1. Revised TSM Programs. If a project sponsor, or employer subject to
the TSM Program requirements of this ordinance is unable to reach or
Maintain the objectives set forth in the ordinance by the time of the
required second annual report, or any annual report ';thereafter, the
County TSM Coordinator may require that a revised `TSM Program be
prepared and submitted pursuant to Section VII, except that it shall
be submitted within 60 days of such request.
2. Mandatory TSM Program. If, after the implementation of a second
revised TSM Program, the objectives set forth in the TSM Program have
not been attained, the County TSM Coordinator shall require implemen-
tation of a mandatory TSM Program prepared by the County TSM
Coordinator.
Ordinance No. 89- 32
10
B. Failure to Implement Approved TSM Program. If the County TSM Coordinator
finds that a project sponsor or employer has failed or is failing to
implement a term or, condition of an approved TSM Program, the County TSM
Coordinator may proceed as set forth herein. Notice shall given requiring
the project sponsor or employer to take steps to implement the TSM: Program
within thirty (30) days, and to report on the TSM ,Program's progress within
ninety (90) days, or to request a hearing to show cause why such action
should not be taken. A request for hearing must be in writing and made
within 15 days of the notice.
If, after receipt of a 90-day report, the County TSM Coordinator determines
that a term or condition of a TSM Program is not being implemented; notice
shall be given to the project sponsor or employer that the County shall
assume implementation responsibility. The notice ''shall state the approxi-
mate cost of implementation and that all costs; shall be borne`' by the
project sponsor or employer. The notice shall further advise that within
15 days, a hearing may be requested to show cause. why such action should
not be taken.
All hearings under this subsection shall be heard by the County TSM
Coordinator. All decisions of the County TSM Coordinator may be appealed
as provided in Subsection E of Section VII .
C. Criminal Enforcement. Regardless of the availability of other civil or
administrative remedies and procedures for enforcing this ordinance, the
following criminal penalties will apply: _
1. Misdemeanor. Failure to submit or have an approved TSM ! Program
pursuant to Section VII , after written notice thereof is provided, is
a misdemeanor. Every misdemeanor violation of this ordinance is
punishable, upon conviction thereof, by' imprisonment in the County
jail for not over six &6) months and/or a` fine not exceeding one
thousand dollars.
2. Infraction. Except as provided in Subsection C, 1 of Section ' IX, any
failure to implement a term or condition of an approved TSM Program or
to act pursuant to Sections VI, VII , or VIII 'is an infraction:
11
D. Civil Enforcement
1. Generally. In addition_ to the penalties -provided by this ordinance,
This ordinance may be enforced by any civil action, directly against
the act, omission or condition, or for damages therefor.
2. Injunction. Any failure to act as required by this ordinance may
seriously and detrimentally affect the attaining of the goal of this
ordinance, and the goals of the Pleasant Hill BART Station Area
Specific Plan. Provided a project sponsor or employer is given 60
'days' notice to comply with the provisions of this ordinance, upon
such failure, the Board of Supervisors may authorize; an action for
injunctive relief, to enjoin a project sponsor or employer from viola-
....ting the provisions of this ordinance, including the provisions of a
TSM Program.
SECTION X. PRIOR ORDINANCE. Ordinance No. 86-51 is . repealed because it is
replaced by this ordinance.
SECTION. XI. EFFECTIVE DATE. This ordinance becomes effective':' 30 days after
passage, and within 15 days after passage shall be published once with the names
of supervisors. voting for and against it in the Contra Costa Times, newspaper
published in this County.
PASSED AND ADOPTED ON May 16, 19 89 by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, McPeak and Torlakson
NOES None
ABSENT: None
ABSTAIN: None
ATTEST: PHIL BATCHELOR
Clerk of the Board of Supervisors
and County, Administra or
By _--- I ,
Depu Board Chair
(Seal )
Ordinance No. 89- j2