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HomeMy WebLinkAboutMINUTES - 03231993 - H.2 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: March 23, 1993 SUBJECT: Revision of the Area of Benefit Fee Schedules for the Oakley/North Brentwood, Discovery Bay, Bethel Island, and East County Sub-Area of the East County Area of Benefit in order to provide adequate funding for the State Route 4 Bypass. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION I. Recommended Action: OPEN the public hearing and then CONTINUE the public hearing until May 11, 1993. II. Financial Impact: None. III. Reasons for Recommendations and Background: On March 19, 1993 the State Route 4 Bypass Authority Board of Directors, at the request of the Building Industry Association (BIA), voted to defer setting the recommended fee levels for the financing of the Delta Expressway/State Route 4 Bypass. They agreed to allow 30 additional days for the BIA to define an alternate proposal. This action will require the member constituents of the Bypass Authority, the Cities of Antioch and Brentwood, and the County to defer action on the adoption of the fee program. IV. Consequences of Negative Action: Taking action at this time would preclude development of an alternative financing program by the residential builders. Continued on Attachment: SIGNATURE: _ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON March 23, 1993 APPROVED AS RECOMMENDED x_ OTHER _ The Board on February 23, 1993 fixed this date for hearing on the aforementioned Revision of the Area of Benefit Fee Schedules. The Public Works Director requested that the matter be continued to May 11, 1993. IT IS BY THE BOARD ORDERED that the aforesaid hearing is CONTINUED to May 11, 1993 at 11:00 a.m. VOTE OF SUPERVISORS X UNANIMOUS (ABSENT II AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and corroct copy of an action taken and entered on the i;.; ::tos ;;f the LT:eh Board of Supervisors on the date shown. c:B023c.t3 ATTESTED: �1'h',Qit :.j a-_�, /`/ PHIL BATCHELOR,Clerk of the Board Orig. Div: Public Works (TE) of Supervisors and County Administrator Contact: Lowell Tunison, Tel.313-2382 cc: Auditor/Controller �1 -� --- ,Deputy PW Accounting CoVrZWr. IoILL N07- c AAJirrj�5 CONTRA COSTA COUNTY I+AJA iTIAAJ - CvvAlry ` BOARD OF SUPERVISORS 6 p(J,.)sCZ_- i 15_(11A—C&J Adopted this Resolution on March 23, 1993 by the following vote: AYES: NOES: ABSENT: RESOLUTION NO. 93/ SUBJECT: IN THE MATTER OF ADOPTING THE SUPPLEMENTAL DEVELOPMENT PROGRAM REPORT,AND REVISING ESTIMATED COSTS, COST ALLOCA- TION, FEE APPORTIONMENT, AND FEES FOR THE DISCOVERY BAY, OAKLEY/NORTH BRENTWOOD, AND BETHEL ISLAND AREAS OF BENEFIT, AND EAST COUNTY SUB AREA OF THE EAST COUNTY REGIONAL AREA OF BENEFIT. The Board FINDS and DETERMINES that: 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 approval for a final subdivision map or as a condition of issuing a building permit; and The Public Works Director and the Director of Community Development have completed a Supplemental Development Program Report for the Discovery Bay, Oakley/North Brentwood, Bethel Island, and East County Sub-Area of the East County Regional Areas 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, 65091, 66016, 66017 and 66484; and It has been determined that the areas of benefit update is not a project subject to the California Environmental Quality Act. The Board hereby CONCURS in the finding that the update is not a project and DIRECTS the Director of Community Development to file a Notice of Exemption with the County Clerk and DIRECTS the Public Works Director to arrange for payment of the $25.00 handling fee to the County Clerk for filing the Notice of Exemption; and The improvements described in the Supplemental Development Program Report are necessary and desirable to provide service to the areas of benefit in the general East County region, in that the improvements furnish a direct, efficient and cost effective means of moving traffic within the area of benefit and general East County region, and in that the improvements are required to reduce the traffic congestion, delay, economic loss, stressful driving conditions and degradation of air quality within the area of benefit and immediate vicinity; and The purpose of the fee adjustment described in this resolution is to generate monies to finance construction of a"Bypass" road to the existing State Route 4 between SR160 and Walnut Boulevard which will serve the Discovery Bay, Oakley/North Brentwood, Bethel Island, and East County sub- areas. The fee adjustment will be used to finance the State Route 4 Bypass (SR4BP) Project described in the Supplemental Project Development Report. As discussed in more detail in said report, the types of development that are subject to the fees will generate additional traffic on bridges and major thoroughfares in the Discovery Bay, Oakley/North Brentwood, Bethel Island, and East County sub- areas, thus creating a need to expand, extend or improve existing bridges and major thoroughfares and a need to construct new bridges and major thoroughfare. Use of the fees paid by each type of development will provide necessary infrastructure to mitigate adverse traffic impacts that would otherwise result from such development; and 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 benefitted by the improve- ments. RESOLUTION NO. 93/ Adopt Fee Adjustment for Discovery Bay, Oakley/North Brentwood, Bethel Island, and East County Areas of Benefit March 23, 1993 Page 2 The Board hereby APPROVES and ADOPTS the Supplemental Development Program Report pertaining to the Discovery Bay, Oakley/North Brentwood,and Bethel Island Areas of Benefit, and East County Sub-Area of the East County Regional Area of Benefit, estimated cost of improvements, cost allocation, method of fee apportionment, revised fee and provision that the interest accrued on the portion of the fees collected in this area of benefit for the SR48P project shall continue to accumulate in the same account, SR413P Trust Fund, and shall be used to cover the cost of administration, design and construc- tion of the SR4BP improvements, and REVISES the area of benefit in accordance with the Supplemental Development Program Report. The Board hereby intends to ADOPT the following revised fee schedule by ordinance, as recommended in the Supplemental Development Program Report: Discovery Bay Single Family $4,895 per Dwelling Unit of which, $4,000 deposited in the SR4BP Trust Fund Account. Oakley/North Brentwood Single Family $10,137 per Dwelling Unit of which, $4,000 deposited in the SR4BP Trust Fund Account. Multi Family $8,225 per Dwelling Unit of which, $3,200 deposited in the SR4BP Trust Fund Account. Commercial $3.66 per square foot of gross floor area of which $0.52 deposited in the SR4BP Trust Fund Account. Office $0.61 per square foot of gross floor area of which, $0.61 deposited in the SR4BP Trust Fund Account. Industrial $2.12 per square foot of gross floor area of which $0.31 deposited in the SR4BP Trust Fund Account. Bethel Island Single Family $7,347 per Dwelling Unit of which, $4,000 deposited in the SR413P Trust Fund Account. Multi Family $5,880 per Dwelling Unit of which, $3,200 deposited in the SR4BP Trust Fund Account. Commercial $ 8.89 per square foot of gross floor area of which $0.52 deposited in the SR4BP Trust Fund Account. Office $5.97 per square foot of gross floor area of which, $0.61 deposited in the SR4BP Trust Fund Account. Industrial $2.54 per square foot of gross floor area of which $0.31 deposited in the SR4BP Trust Fund Account. East County sub-area of the East County Regional Area of Benefit Single Family $5,376 per Dwelling Unit of which, $4,000 deposited in the SR4BP Trust Fund Account. Multi Family $4,301 per Dwelling Unit of which, $3,200 deposited in the SR4BP Trust Fund Account. Commercial $3.96 per square foot of gross floor area of which $0.52 deposited in the SR4BP Trust Fund Account. Office $2.80 per square foot of gross floor area of which, $0.61 deposited in the SR4BP Trust Fund Account. Industrial $1.28 per square foot of gross floor area of which $0.31 deposited in the SR4BP Trust Fund Account. The Board of Supervisors of Contra Costa County RESOLVES as follows: The Board DIRECTS the Public Works Department and the Department of Community Development to work with communities in the Discovery Bay, Oakley/North Brentwood, Bethel Island, and East County areas and with local and State agencies in periodically reviewing the fee schedule for the Board's consideration. RESOLUTION NO. 93/ 4 Adopt Fee Adjustment for Discovery Bay, Oakley/North Brentwood, Bethel Island, and East County Areas of Benefit March 23, 1993 Page 3 The Board DIRECTS the Director of Community Development to closely monitor future amendments to the adopted General Plan within this area of benefit and their impact on traffic and the 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 for consideration. The Board DIRECTS the Clerk of the Board to file certified copies of this resolution and Ordinance Nos. 93- , 93- , 93-- , and 93- with the County Recorder, as specified in Section-61-3-6.026--of the Contra Costa County Ordinance Code. PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By Deputy Clerk MH:eh c:BlV3.t3 Orig. Dept.: Public Works Depart. (RE) Contact: Mary Halle, Tel. 313-2327 cc: County Administrator Community Development Director Public Works Director Building Inspection County Auditor/controller County Treasurer/Tax Collector County Counsel County Recorder Public Works/Accounting Building Industry Association RESOLUTION NO. 93/ CDIV7rlV7` GJ I LL /V07- G1-11,gAj6C TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: March 23, 1993 SUBJECT: Revision of the Area of Benefit Fee Schedules for the Oakley/North Brentwood, Discovery Bay, Bethel Island, and East County Sub-Area of the East County Area of Benefit in order to provide adequate funding for the State Route 4 Bypass. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION I. Recommended Action: 1. It is recommended that the Board ADOPT the attached resolution, which resolves the following: a. That this Area of Benefit update has been determined to be a project not subject to the California Environmental Quality Act. b. Directs the Director of Community Development to file a Notice of Exemption. C. Directs the Public Works Director to arrange for payment of the $25.00 handling fee to the County Clerk for filing the Notice of Exemption. d. Determines that a majority protest does not exist. e. Adopts the Supplemental Development Program Report which recommends adjustments to the current fees. See attached Report for Fee Adjustment Table. f. Authorizes the continuation of a separate Trust Fund Account for the Delta Expressway portion of the Area of Benefit fee. g. Directs the Public Works Director and the Director of Community Development to work with local agencies to assist in reviewing the fee schedule periodically, and making their recommendations to the Board of Supervisors. Continued on Attachment: X SIGNATURE:: _ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT 1 AYES: NOES: ABSENT: ABSTAIN: MH:eh c:B023b.t3 Orig. Div: Public Works (Transportation Eng.) Contact: Mary Halle, Tel. 313-2327 cc: See Page 2 Revision of'the Area of Benefit Fee Schedules for the Oakley/North Brentwood, Discovery Bay, Bethel Island, and East County Sub-Area of East County Area of Benefit in order to provide adequate funding for the State Route 4 Bypass. March 23, 1993 Page 2 I. Recommended Action: (Cont.) h. Directs the Director of Community Development to monitor future amendments to the current adopted General Plan within these Areas of Benefit and their impact on the Areas of Benefit and to report those amendments to the Public Works Department. I. Directs the Public Works Director to amend the Development Program Report as necessary to reflect General Plan Amendments and make recommendations to the Board of Supervisors. 2. It is recommended that the Board ADOPT the four attached Ordinance Amendments which ordains the following: Road Fees (Ord. No. 93-_J a. Adopt fee adjustment to the Discovery Bay AOB as recommended in the Supplemental Development Program Report. Road Fees (Ord. No. 93-_J b. Adopt fee adjustment to the Oakley/North Brentwood AOB as recommended in the Supplemental Development Program Report. Road Fees (Ord. No. 93-_J C. Adopt fee adjustment to the East County Sub-Area of the East County Area of Benefit as recommended in the Supplemental Development Program Report. Road Fees (Ord. No. 93-_J d. Adopt fee adjustment to the Bethel Island AOB as recommended in the Supple- mental Development Program Report. II. Financial Impact: Modifying the State Route 4 Bypass contribution from the Area of Benefit Fees for the general East County area will provide an adequate funding mechanism to design and construct the State Route 4 Bypass which is a major transportation corridor contained in the County's General Plan and the Transportation Authority's Congestion Management Program (CMP). The County is required to implement the CMP in order to receive the allotted funding provided by gas tax revenues. III. Reasons for Recommendations and Background: The existing State Route 4 extends through the downtown areas of Brentwood and the communities of Byron, Oakley, and Knightsen. The existing SR4 through these communities is an at-grade limited capacity highway, located adjacent to schools, shopping, and numerous residences with direct access to the highway. Thus, regional traffic which includes a significant truck volume is mixed with the local traffic and conveyed on local roads. Because of low speeds and heavy cross traffic on local roads,the lane capacity (number of cars per lane) is significantly limited on the existing SR4. Therefore, it would be unreasonable to add enough lanes to Revision of the Area of Benefit Fee Schedules for the Oakley/North Brentwood, Discovery Bay, Bethel Island, and East County Sub-Area of the East County Area of Benefit in order to provide adequate funding for the State Route 4 Bypass. March 23, 1993 Page 3 III. Reasons for Recommendations and Background: (Cont'd) accommodate planned growth. In addition, any widening would require substantial acquisition of properties adjacent to the roadway which would be a significant negative impact on the character of the towns, as well as an exorbitant financial constraint. However, if road improvements are not constructed in conjunction with currently planned growth, the capacity of the existing highway will be exceeded, leading to an increase in traffic congestion. The State Route 4 Bypass is a proposed limited access highway, extending 9.3 miles, which would shift regional traffic away from town centers to the 'Bypass" road. This would preserve the character of these communities while providing for planned growth. Consequently, congestion would be limited and thru-trucks carrying heavy loads or hazardous materials could be detoured away from schools and businesses. In addition, the SR413P would alleviate burden on local roads which would provide the road capacity to accommodate planned growth outside the vicinity of the project. The scope of the SR4BP project also includes improvements to existing SR4, just west of the SR160 junction, in the City of Antioch. Consequently,the SR4BP would be a major corridor which would provide for the transportation needs for the entire east county region. The Growth Management Plan mandated by the Contra Costa County Transportation Authority stipulates that new growth should provide the infrastructure required to service respective growth. This growth management policy is mandated as.well by AB 3093. Thus, the most viable funding source at this time is through development fees. The State Route 4 Bypass Authority recommends that the County Board of Supervisors approve this modification to the general east county region Area of Benefit Fees to provide an adequate funding mechanism to design and construct the Delta Expressway. Since the initial Area of Benefit contribution was established, the SR4 Bypass project has undergone significant project development which has resulted in a more detailed and refined scope of work and list of project constraints. Accordingly, the cost estimates have been updated which is reflected in the fee modification. IV. Consequences of Negative Action: Failure to establish the Area of Benefit Fee Adjustment will result in a significant increase in traffic congestion and road related accidents, thus diminishing the quality of life for residents in the general East County area. cc: CAO Community Development Director Public Works Director Building Inspection Auditor/Controller Treasurer/Tax Collector County Counsel County Recorder Accounting, Public works DRM�7 - _,olv7aA 17 w/LL /RIOT GN�NG,�J r�i�i�AT aN�y ADOPTED BY THE BOARD OF SUPERVISORS ON 1992 SUPPLEMENTAL DEVELOPMENT PROGRAM REPORT FOR THE FOLLOWING AREAS OF BENEFIT: DISCOVERY BAY, OAKLEY/NORTH BRENTWOOD, BETHEL ISLAND, & EAST COUNTY SUB AREA OF THE EAST COUNTY REGIONAL AREA OF BENEFIT PROVIDING FUNDING FOR CONSTRUCTION OF THE STATE ROUTE 4 BYPASS MAJOR ROAD IMPROVEMENTS IN THE GENERAL EAST COUNTY AREA PREPARED PURSUANT TO SECTION 913 COUNTY ORDINANCE CODE CONTRA COSTA COUNTY PUBLIC WORKS AND COMMUNITY DEVELOPMENT DEPARTMENTS SUPPLEMENTS REPORT, ADOPTED BY THE BOARD OF SUPERVISORS DATED TABLE OF CONTENTS INTRODUCTION GENERAL LOCATION AREA OF BENEFIT BOUNDARY COMPLIANCE WITH SECTION 66001(a) OF THE GOVERNMENT CODE GENERAL PLAN RELATIONSHIP ROAD CAPACITY IMPROVEMENT PLAN DEVELOPMENT POTENTIAL WITHIN AREA OF BENEFIT AREA OF BENEFIT FINANCIAL RESPONSIBILITY BASIS FOR FEE APPORTIONMENT CALCULATION OF FEES RECOMMENDED FEE ANNUAL REVIEW OF FEES COLLECTION OF FEES INTEREST ON FEES RIGHT OF WAY DEDICATION POLICY LIST OF TABLES TABLE 1 EAST COUNTY REGION PROJECTED DEVELOPMENT 2005 TABLE 2 FEE CALCULATION TABLE 3 RECOMMENDED FEE ADJUSTMENT LIST OF EXHIBITS EXHIBIT "A" LEGAL DESCRIPTION OF AOB BOUNDARY EXHIBIT "B" SR413P COST ESTIMATE EXHIBIT "C" RIGHT OF WAY DEDICATION POLICY SUPPLEMENTAL DEVELOPMENT PROGRAM REPORT FOR DISCOVERY BAY, OAKLEY/N.BRENTWOOD, BETHEL ISLAND, AND EAST COUNTY SUB AREA OF THE EAST COUNTY REGIONAL AREAS OF BENEFIT PURSUANT TO THE STATE ROUTE 4 BYPASS MAJOR ROAD IMPROVEMENTS INTRODUCTION This Supplemental Development Program Report is required by the Board of Supervisors Policy on Bridge Crossings and Major Thoroughfare Fees (adopted July 17, 1979) which implements Division 913 of the County Ordinance Code and Sections 66484 of the State Subdivision Map Act. The purpose of this supplemental report is to amend Area of Benefit Fees described in the current development program report in order to provide an adequate funding mechanism to design and construct the State Route 4 "Bypass", also known as the Delta Expressway. The existing State Route 4 between SR160 and Walnut Boulevard extends through the downtown areas of Brentwood and the communities of Byron, Oakley, and Knightsen. The existing SR4 through these communities is an at-grade limited capacity highway, located adjacent to schools, shopping, and numerous residences with direct access to the highway. Thus, regional traffic which includes a significant truck volume is mixed with local traffic and conveyed on local roads. Because of low speeds and heavy cross traffic on local. roads, the lane capacity (maximum cars accommodated per a lane) is significantly limited on existing SR4. Therefore, it would be unreasonable to add enough lanes to accommodate planned growth. In addition, any widening would require substantial acquisition of properties adjacent to the roadway which would be a significant negative impact on the character of the adjacent towns, as well as an exorbitant financial constraint. However, if road improvements are not constructed in conjunction with the currently planned growth, the capacity of the existing highway will be exceeded, leading to an increase in traffic congestion. The State Route 4 'Bypass" (SR4BP) is a proposed limited access highway, extending 9.3 miles, which would shift regional traffic away from town centers to the 'Bypass" road. This would preserve the character of these communities while providing for planned growth. Consequently, congestion would be limited and through trucks carrying heavy loads or hazardous materials could be detoured away from schools and businesses. Figure 1 shows the preliminary alignment of the SR4BP. In addition, the SR4BP would alleviate burden on local roads which would provide the road capacity to accommodate planned growth outside the vicinity of the project. For example, trips originating in Bethel island would be able to travel westerly and southerly on existing SR4 or other local roads which would otherwise be congested. Other examples are the local roads such as Hillcrest Avenue and Lone Tree Way in the City of Antioch where heavy traffic could be efficiently shifted to the SR4BP. These types of examples are typical in the entire region. Consequently, the SR413P would be a major corridor which would provide the transportation needs for the entire east county region. SAN JOAQUIN RIVER EXISTING4. STATE ROUTE.!'.A,:. T:� OAKLEY ' '• k,,,�.s II z C`CWD CANAL iy ANTIOCH a II LAUREL ROAD IIS Ila 1'=6000' II LONE TREE WAY ...:..............:.... �,.... .��...x.,, .�... ..._. .....::.......JI II � PIPELINES z f SAND -Ckelt ;m > PROPOSED II STATE ROUTE 4 :e AVENUE BYPASS BRENTWOOD BALFOUR ROAD ECCID CANAL 4g�R �PAYMN�E AVENLfE ........................+t EXISTING— — BRIONES iRi% % 4 `q�� y! M:kRSH CREEK A' PROPOSED EAST-%VEST ROAD CONNECTOR va :z �+ °o Figure 1 State Route 4 Bypass Preliminary Alignment Improvements to existing State Route 4, just west of the SR160 junction, in the City of Antioch would also be included in the scope of the SR413P project. In 1988 the voters in Contra Costa passed Measure C which mandates adoption of a Growth Management Plan. This legislation stipulates that new growth should provide infrastructure required to service the respective growth. Thus, the most viable funding source at this time is through a development fee program. In 1990, AB471 was passed which requires every urban and suburban County to adopt a Congestion Management Program (CMP). The objective of the CMP is to tie planned growth to provisions of infrastructure. The remainder of this report will explain the means of providing funds for the design and construction of road improvements to service planned growth within the general East County area. Three Areas of Benefit have already implemented a fee program for the SR4BP: Oakley/North Brentwood, Discovery Bay, and East County. In these areas, the present contribution to the Delta Expressway Trust Fund would be adjusted. The project list for the Bethel Island Area of Benefit would be revised to include a Delta Expressway contribution. GENERAL LOCATION Figure 2 shows the general location of the Areas of Benefit within Contra Costa County and the SR4BP Fee Boundary. AREA OF BENEFIT BOUNDARY All of the area of benefit boundaries will remain the same. Approximate boundary locations are shown in Figure 2. i n ' O t ♦ 1 zb .ea- o N f i r -�� o -;;p o ' G -fl ♦* O p z m (Prn 7.0 -� m Joao 00 Z. to n CD rn N f °r ^ )! i COMPLIANCE WITH SECTION 66001 (a) OF THE GOVERNMENT CODE 1) PURPOSE OF THE FEE The purpose of these area of benefit revisions is to generate monies through the adoption of fees that will ensure that the SR4BP is constructed which will provide additional capacity, as well as alleviate demand on existing local roads. By adoption of this fee, the roadway system can keep pace with the growth in the area and the region's transportation needs. 2) USE OF THE FEES The fee adjustments will be used to generate monies to pay for the design and construction of the State Route 4 Bypass, between SR160 and Walnut Boulevard, and improvements to SR4 in Antioch. A cost estimate is included as Exhibit "A". This fee adjustment will finance roadway improvements which will meet the minimum traffic level of service and safety demands. The SR413P will be constructed to Caltrans highway design standards. The project is proposed to be built in two phases: Phase 1, two lane highway with six at grade intersections; and Phase 2, four lane highway with two grade separated interchanges and four at grade intersections. The proposed fee adjustment will also finance construction of a full three directional interchange at the existing SR160 Junction. The new interchange will connect SR4, SR160, and the SR4BP and allow movement in all three directions which includes east and west movements on SR4, north and south movements on SR4 Bypass, and north and south movements on SR160. The scope of work for the SR4BP project also includes improvements to existing SR4, just west of the proposed interchange in Antioch and improvements to Marsh Creek Road which will serve as an East-West Connector between the SR4BP and existing SR4. 3) RELATIONSHIP BETWEEN USE OF FEES AND TYPE OF DEVELOPMENT PROJECT The State Route 4 Bypass project, which will be financed by the fees, is a necessary improvement for the safety and the capacity of the road network serving the general East County area as determined by planned growth depicted in the Contra Costa County General Plan. The road network outlined in the circulation element of the General Plan shows the State Route 4 Bypass as a major transportation corridor. 4) RELATIONSHIP BETWEEN NEED FOR ROAD IMPROVEMENTS AND TYPE OF DEVELOPMENT A trip generation factor has been designated for each of the various land uses outlined in this program report. These factors were determined utilizing the Institute of Transportation Engineers, Trip Generation Manual, 5th Edition and preliminary results of the East County Traffic Model. As a result, the proposed fee is directly related to traffic generated by each particular land use. Proposed development is directly related to road use, which leads to overuse and congestion on an already impacted roadway system. Therefore, new development will be required to pay a fee to fund the needed roadway improvements. GENERAL PLAN RELATIONSHIP Area of Benefit fees are.based on improvements and features included in the County General Plan and its amendments and subscribes to the policies of the General Plan elements. The State Route 4 Bypass is included in the circulation element of the 1990 County General Plan and is designated as the Delta Expressway, a major transportation corridor. The General Plan and its various elements are available for review during office hours at the Community Development Department, County Administration Building, 651 Pine Street, Martinez. ROAD CAPACITY IMPROVEMENT PLAN Areas of Benefit in Contra Costa County provides funding mechanisms to implement the road network capacity improvement plans for each area. The improvement plans for each area are based on a project list of improvements included in the circulation element of the General Plan and a corresponding cost estimate for the project list. The plan is also developed utilizing the development potential shown in the land use element of the General Plan. The State Route 4 Bypass is included in the road network capacity improvement plan for the Discovery Bay, Oakley/N. Brentwood, and East County sub- area of the East County Regional Area of Benefit. Since the initial studies were performed, the State Route 4 Bypass project has undergone significant project development, resulting in a refined cost estimate. It is recommended the AOB fees be adjusted to reflect the updated cost estimate. Currently, the Bethel Island project list does not include the SR4BP project. The fee schedule for the Bethel Island Area of Benefit should be revised to accommodate this revision to the project list. The proposed AOB contributions to the SR4BP project will finance roadway improvements needed to meet minimum traffic level of service and safety demands. 1 DEVELOPMENT POTENTIAL WITHIN AREA OF BENEFIT The development potential for the Areas of Benefit was estimated using the 1990 County General Plan for projected growth to the year 2005. Other appropriate sources were utilized such as the General Plans for the cities of Antioch and Brentwood. The SR4BP project will be funded by development fees uniformly assessed over the general east county region (shown on Figure 2) per dwelling unit or per square foot gross floor area. Thus, each of the Areas of Benefit identified in this report. which are in unincorporated Contra Costa County, would contribute the same amount per dwelling unit as in the cities of Antioch and Brentwood. A summary of the estimated development potential for east county and the cities of Brentwood and Antioch is shown in Table 1. Table 1 East County Projected Development 2005 Town or Single Multi Commercial Office Industrial City Family Family (SF) (SF) (SF) (# DU) (# DU) Antioch 14,879 1,170 4,248,778 757,944 3,012,174 Brentwood 8,928 1,428 813,390 19,000 1,879,240 B. Isle 2,775 648 379,463 Disc. Bay 409 226 154,638 Oakley 6,177 1,755 425,892 1,142,820 Byron 191 298 Knightsen 9 Other 200 509,652 AREA OF BENEFIT FINANCIAL RESPONSIBILITY The State Route 4 Bypass project in proposed to be ninety percent funded by development fees from the proposed AOB's and the City of Antioch and Brentwood development fees. It is the intent of the State Route 4 Bypass Authority to obtain public funding through the State & Local Partnership program for ten percent of the project cost. The total cost for the project is estimated to be $175 million which assumes a policy of land dedication. This cost includes road construction, right of way, engineering, administration, planning and contingencies. An itemized cost estimate is shown as Exhibit "A". The cost is uniformly distributed per each dwelling unit or each square foot of building space throughout the entire east county area to include the unincorporated areas and the Cities of Antioch and Brentwood. Since the majority of development is planned to occur within the incorporated areas of Brentwood and Antioch,70%of the project will be funded by development in incorporated areas while 30% of the SR4BP project will be funded by development in unincorporated East County. BASIS FOR FEE APPORTIONMENT The total project cost has been distributed between the individual land use categories based on daily trip generation. The trip generation factors assigned to non-residential land uses such as commercial, office, and industrial are significantly lower to acknowledge the potential trip reduction which may occur by providing a better employment-housing balance. CALCULATION OF FEES As previously mentioned, the cost of the SR4BP is distributed uniformly over the areas of Oakley/North Brentwood, Discovery Bay, East County, Bethel Island, and the Cities of Brentwood and Antioch. The fee assigned to each land use was calculated based on the number of daily trips typically generated from each type of land use. The fee calculation is shown in Table 2. The amount of the Area of Benefit fee allocated for local road improvements will remain the same. The fees will be adjusted in order to increase the contribution to SR4BP to match the region's uniform fee calculated in Table 2. RECOMMENDED FEE The recommended fee for the Oakley/N. Brentwood, Discovery Bay, Bethel Island, and the East County sub-area of the East County Regional Area of Benefit are shown in Table 3. Table 3 also lists the current contribution to SR4BP and the fee adjustment amount. rn rn rn n A D S, E: p_n��Cn r r cfl ni a rn m .n C F., a CD �- m m (D ED 0 a 0) N ft rt iD O O W CD Ov+ .t0 ID co N fD rt a m M ow �.nNicnw � a �' ao Cl, -n .� to iGn er+ = O ca O c^ fl N + � T — d A .A - 0 co ' -n CD D CD G tD O C0 N th u. 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ANNUAL REVIEW OF FEES Project cost estimates will be reviewed annually by analyzing the previous year's change in the California Construction Cost index as published annually by California State Department of Transportation. Appropriate adjustments in the fees may then be established by ordinance. COLLECTION OF FEES To assure that funds are available to construct needed road improvements before newly generated traffic exceeds the capacity of existing facilities, fees will be collected in accordance with Section 913-4.202 of Title 9 (Subdivisions) of the Contra Costa County Ordinance Code. Fees may be collected prior to the filing of the subdivision map if the provisions of Government Code Section 53077.5 are met. For those properties that have approved tentative maps prior to the adoption of these revised areas of benefit and for developments which do not require filing of subdivision maps, the fee will be collected when the building permit is issued in accordance with Section 913-4.204 of Title 9 (Subdivisions). Fee contributions for the SR4BP project will be deposited into an interest bearing trust account entitled "SR4BP Areas of Benefit'. INTEREST ON FEES The interest accrued on the fees collected for the subject project shall continue to accumulate in the same account and shall be used to cover the cost of administration, design, and construction of the SR4BP improvements. RIGHT OF WAY DEDICATION The proposed fee schedules and cost estimate are based on a right of way dedication policy which is included as Exhibit "B". MH:eh c:SR4BP'AOB.t3 ' PROPOSED PHASE II DELTA EXPRESSWAY COST SUNLtilARY ASSUMING RIGHT OF WAY DEDICATION4 EXHIBIT A CONSTRUCTION j AND RIGHT OF i SEG\4:F1VT ENGINEERING` WAY Z3 TOTAL I SR 4/SR 160 Interchange 532.100,0005 I I 532,100.000 SR 4 to Laurel Road 16,783,4941 I 16,783,494 Laurel Road Interchange 10,000,000 I 10,000.000 j Laurel Road to Lone Tree Wav 9,133,665 9,133.605 Lone Tree Way Interchange 10,000,000 I 10.000.000 Lone Tree Way to Sand Creek Road 9,735,947 906,000 10,641,947 Sand Creek Road - Interchange 500,000 500,000 Sand Creek Road to Balfour Road 9,826,313 1,686,000 11,512,313 Balfour Road - Signal/Intersection 500,000 ----- 500,000 Modifications Balfour Road to Marsh Creek Road 14,518,293 772,000 15,290,293 Marsh Creek Road 500,000 500,000 Signal/Intersection Modifications Marsh Creek Road - Walnut Blvd 10,298,355 520,000 10,818,355 Walnut Blvd Signal/Intersection 500,000 500,000 Modifications Marsh Creek E-W Connector 19,574,7096 1,557,.) 21,132,101 Hwy. 4 Improvements 15,000,000 Environmental Mitigation 10,000,000 R/W Subtotal 5,441,392 R/W Contingency & Assistance . 1,088,278 Program @ 20% TOTAL $168,970,776 6,529,670 175,500,1!!6jj NOTES: 1. Assumes divided four lane roadway north of Balfour Road. Two lane typical south of Balfour Road. 2. Assumes $60,000 acre north of Balfour Road, otherwise $40,000 acre. 3. Assumes 250 feet corridor typical, and 110 feet at east/west connector. 4. Assumes grade separated interchanges and at-grade intersections. 5. Assumes interim SR4/SR160 interchange. 6. Assumes grade separation at SPRR crossing. CMEXCosul January 27,1993 EXHIBIT B STATE ROUTE 4 BYPASS AUTHORITY DATE: January 25, 1993 TO: BOARD OF DIRECTORS FROM: Lowell Tunison, Senior Civil Engineer, Transportation Engineering SUBJECT: Right of Way Dedication Policy The R4B A Technicai Advisory Committee A reviewed the ro owing policy ror right of way dedication for the Delta Expressway Project. The TAC recommends that the Board of Directors accept this policy so that it may be incorporated into the Delta Expressway cost estimate and Engineer's Report on the Delta Expressway Funding Mechanism. The State Route 4 Bypass Authority is dedicated to preserving right of way for the Delta Expressway corridor. The following is a general policy for land dedication/acquisidon. Where develo2ment applications are being processed, the applicant will be required to dedicate the property within the proposed Delta Expressway Right of Way as a condition of project approval. Dedication is required because the Delta Expressway is a major transportation corridor contained in the circulation element of the General Plan. Where,no development applications are pending or anticipated and the land is needed for Delta Expressway construction, the property owner will be compensated for land within the right of way and any area determined as severance. Compensation will be according to best use of the land at the time of acquisition. This policy is in accordance with the Porterville case as precedence. Acquisition will occur based on project schedule and hardship. MINE: a:\rwpolb FILE:ECPTC:board cc: M. Shiu, Deputy Public Works Director '7 0/v12F7ivT W IL` I107' C#71-1v&E A-W I I T/Nla- CUvn.IT% CdUNSEL. AMENDMENT TO ORDINANCE NO. Bethel Island Area of Benefit The Board of Supervisors of Contra Costa County ordains as follows: SECTION I.Summary. This ordinance provides for an adjustment of the fees to be collected from developments proposed in the Bethel island Area of Benefit to fund road improvements which will provide service to the Bethel Island Area. The fee adjustment is related to a revision to the project list to include the State Route 4 Bypass project. SECTION II.Amendment. This ordinance amends Section IV of County Ordinance No. to read as shown in Section V of this ordinance. SECTION III. Authority. This ordinance is enacted, in part, pursuant to Government Code Section 66484 and Division 913, Title 9, of the Contra Costa County Ordinance Code. SECTION IV. Notice and Hearing. This ordinance was adopted pursuant to the procedure set forth in Government Code Sections 65091, 65962 and 66484 and Division 913, Title 9, of the Contra Costa County Ordinance Code, and all required notices have been properly given and public hearings held. SECTION V. Fee Adoption. The following revised fees are hereby ADOPTED for the Bethel Island Area of Benefit to fund bridge and major thoroughfare improvements, as described in the Revised and Supplemental Development Program Reports, and shall be LEVIED and COLLECTED pursuant to the above authorities. Single Family Residential $7,347/Dwelling Unit Multi Family Residential $5,880/Dwelling Unit Commercial $ 8.89/Square Foot of Gross Floor Area Office $ 5.97/Square Foot of Gross Floor Area Industrial $ 2.54/Square Foot of Gross Floor Area The State Route 4 Bypass was added to the Bethel Island Area project list as shown in the Supplemental Project Development Report. The amount of the fee increase shall be deposited in the State Route 4 Bypass (SR4BP) Trust Fund Account. The revised fees shall be payable as specified in Chapter 913-4 of the Contra Costa County Ordinance Code. Fee Adjustment Amount Land Use Deposited to SR4BP Single Family Residential $4,000/DU Multi Family Residential $3,200/DU Commercial $ 0.52/SF Office $ 0.61/SF Industrial $ 0.31/SF SECTION VI. Fee Area. The revised fees described in this ordinance shall apply to all properties within the current Bethel Island Area of Benefit. Boundaries are described in County Ordinance No. SECTION VII. Severability. If any fee or provision of this ordinance is held invalid or unenforceable by a court of competent jurisdiction,that holding shall not affect the validity or enforceability of the remaining fees or provisions, and the Board declares that it would have adopted each part of this ordinance irrespective of the validity of any other part. SECTION VIII. Effective Date. This ordinance shall become effective 60 days after passage, and within 15 days of passage, shall be published once with the names of the Supervisors voting for and against it in the Antioch Daily Ledger, a newspaper of general circulation published in this County. Pursuant to Section 913-6.026 of the Contra Costa county Ordinance Code, the Clerk of the Board shall promptly file a certified copy of this ordinance with the County Recorder. SECTION IX. Existing Fee.. This amendment of Ordinance No. 92-80 shall not affect any fees accrued thereunder prior to the effective date of this ordinance, and such fees shall remain subject to payment and collection. PASSED and ADOPTED on by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: . PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By _ Deputy Board Chair MH:eh c:Ord93.t3 -2- CONT�n/T GJ/LL NO r" /-}GJf��7r/✓V Cr• COU/V rY GOrJNSCL RF►//E!J AMENDMENT TO ORDINANCE NO. 93- East County Sub-Area of the East County Area of Benefit The Board of Supervisors of Contra Costa County ordains as follows: SECTION I.Summary. This ordinance provides for an adjustment of the fees to be collected from developments proposed in the East County Sub-Area of the East County Regional Area of Benefit. This fee adjustment to the East County sub-area is over and above the fees currently collected uniformly over the entire East County Regional Area of Benefit. This Area of Benefit fee provides funds for road improvements which will provide service to the East County Sub Area of the East County Region. The fee adjustment is related to an increase in the portion of the fee contributed to funding the State Route 4 Bypass project. SECTION II.Amendment. This ordinance amends Section IV of County Ordinance No. 93- to read as shown in Section V of this ordinance. SECTION III. Authority. This ordinance is enacted, in part, pursuant to Government Code Section 66484 and Division 913, Title 9, of the Contra Costa County Ordinance Code. SECTION IV. Notice and Hearing. This ordinance was adopted pursuant to the procedure set forth in Government Code Sections 65091, 65962 and 66484 and Division 913, Title 9, of the Contra Costa County Ordinance Code, and all required notices have been properly given and public hearings held. SECTION V. Fee Adoption. The following revised fees are hereby ADOPTED for the East County Sub Area of the East County Regional Area of Benefit to fund bridge and major thoroughfare improvements, as described in the Revised and Supplemental Development Program Reports, and shall be LEVIED and COLLECTED pursuant to the above authorities. Single Family Residential $5,376/Dwelling Unit Multi Family Residential $4,301/Dwelling Unit Commercial $ 3.96/Square Foot of Gross Floor Area Office $ 2.80/Square Foot of Gross Floor Area Industrial $ 1.28/Square Foot of Gross Floor Area The following chart lists the amount of the fee adjustment, which is above and beyond the current East County Regional Area of Benefit fee, and the total contribution to the State Route 4 Bypass (SR4BP) Trust Fund Account. The revised fees shall be payable as specified in Chapter 913-4 of the Contra Costa County Ordinance Code. Fee Adjustment Total Contribution Land Use Above Regional Fee to SR413P Single Family Residential $3,382/DU $4,000/DU Multi Family Residential $2,705/DU $3,200/DU Commercial $-1.03/SF $ 0.52/SF Office $-0.39/SF $ 0.61/SF Industrial $-0.12/SF $ 0.31/SF SECTION VI. Fee Area. The revised fees described in this ordinance shall apply to all properties within the current East County Sub Area of the East County Regional Area of Benefit. Boundaries are described in County Ordinance » . SECTION VII. Severability. If any fee or provision of this ordinance is held invalid or unenforceable by a court of competent jurisdiction, that holding shall not affect the validity or enforceability of the remaining fees or provisions, and the Board declares that it would have adopted each part of this ordinance irrespective of the validity of any other part. SECTION VIII. Effective Date. This ordinance shall become effective 60 days after passage, and within 15 days of passage, shall be published once with the names of the Supervisors voting for and against it in the Antioch Daily Ledger, a newspaper of general circulation published in this County. Pursuant to Section 913-6.026 of the Contra Costa county Ordinance Code, the Clerk of the Board shall promptly file a certified copy of this ordinance with the County Recorder. SECTION IX. Existing Fee. This amendment of Ordinance " shall not affect any fees accrued thereunder prior to the effective date of this ordinance, and such fees shall remain subject to payment and collection. PASSED and ADOPTED on by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By Deputy Board Chair MH:eh c:ORD23M -2- 6D/✓7;e-1v7— G01LL_ N07- C_,tl �ti - �� COuN-rY CO u ,)SEL. .................. AMENDMENT TO ORDINANCE NO..----- Oakley/North O.`-Oakley/North Brentwood Area of Benefit The Board of Supervisors of Contra Costa County ordains as follows: SECTION I.Summary. This ordinance provides for an adjustment of the fees to be collected from developments proposed in the Oakley/North Brentwood Area of Benefit to fund road improvements which provide service to the Oakley/North Brentwood area. The fee adjustment is related to an increase in the amount of the fee contributed to funding the State Route 4 Bypass project. SECTION II.Amendment. This ordinance amends -'R n....::........:...............:s ::.:::::;.;::.:.:::.::.:.:....:...........:.:....... to read as shown in Section V of this ordinance. SECTION Ill. Authority. This ordinance is enacted, in part, pursuant to Government Code Section 66484 and Division 913, Title 9, of the Contra Costa County Ordinance Code. SECTION IV. Notice and Hearing. This ordinance was adopted pursuant to the procedure set forth in Government Code Sections 65091, 65962 and 66484 and Division 913, Title 9, of the Contra Costa County Ordinance Code, and all required notices have been properly given and public hearings held. SECTION V. Fee Adoption. The following revised fees are hereby ADOPTED for the Oakley/North Brentwood Area of Benefit to fund bridge and major thoroughfare improvements, as described in the Revised and Supplemental Development Program Reports, and shall be LEVIED and COLLECTED pursuant to the above authorities. Single Family Residential $10,137/Dwelling Unit Multi Family Residential $ 8,225/Dwelling Unit Commercial $ 3.66/Square Foot Gross Floor Area Office $ 0.61/Square Foot Gross Floor Area Industrial $ 2.12/Square Foot Gross Floor Area The following chart lists the amount of the fee adjustment and the total contribution to the State Route 4 Bypass (SR4BP) Trust Fund Account. The revised fees shall be payable as specified in Chapter 913-4 of the Contra Costa County Ordinance Code. Land Use Fee Adjustment Amount Total Contribution to SR413P Trust Fund Single Family $2,274/DU $4,000/DU Multi Family $1,647/DU $3,200/DU Commercial $-1.03/SF $0.52/SF Office $ 0.61/SF $0.61/SF Industrial $-0.73/SF $0.31/SF SECTION VI. Fee Area. The revised fees described in this ordinance shall apply to all properties within the current Oakley/North Brentwood Area of Benefit Boundaries as described in County Ordinance Mcfr . SECTION VII. Severability. If any fee or provision of this ordinance is held invalid or unenforceable by a court of competent jurisdiction,that holding shall not affect the validity or enforceability of the remaining fees or provisions, and the Board declares that it would have adopted each part of this ordinance irrespective of the validity of any other part. SECTION VIII. Effective Date. This ordinance shall become effective 60 days after passage, and within 15 days of passage, shall be published once with the names of the Supervisors voting for and against it in the Antioch Daily Ledger, a newspaper of general circulation published in this County. Pursuant to Section 913-6.026 of the Contra Costa county Ordinance Code, the Clerk of the.Board shall promptly file a certified copy of this ordinance with the County Recorder. SECTION IX. Existing Fee. This amendment of Ordinance §@IM shall not affect any fees accrued thereunder prior to the effective date of this ordinance, and such fees shall remain subject to payment and collection. PASSED and ADOPTED on by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By Deputy Board Chair MH:eh c:Ord92'80.t3 - 2 - r. 0 N T'6 nM-r 1/01 L/f'111_ Aw,�-J r+Av6r C001vey Cvv�vsEI, eF-111 F-cJ AMENDMENT TO ORDINANCE NO. :BR' Discovery Bay Area of Benefit The Board of Supervisors of Contra Costa County ordains as follows: SECTION I.Summary. This ordinance provides for an adjustment of the fees to be collected from developments proposed in the Discovery Bay Area of Benefit to fund road improvements which provide service to the Discovery Bay area. The fee adjustment is related to an increase in the amount of the fee contributed to funding the State Route 4 Bypass project. SECTION II. Amendment. This ordinance amends Section V of County Ordinance No. % Q to read as shown in Section V of this ordinance. SECTION III. Authority. This ordinance is enacted, in part, pursuant to Government Code Section 66484 and Division 913, Title 9, of the Contra Costa County Ordinance Code. SECTION IV. Notice and Hearing. This ordinance was adopted pursuant to the procedure set forth in Government Code Sections 65091, 65962 and 66484 and Division 913, Title 9, of the Contra Costa County Ordinance Code, and all required notices have been properly given and public hearings held. SECTION V. Fee Adoption. The following revised fees are hereby ADOPTED for the Discovery Bay Area of Benefit to fund bridge and major thoroughfare improvements, as described in the Revised and Supplemental Development Program Reports, and shall be LEVIED and COLLECTED pursuant to the above authorities. Single Family Residential $4,895/Dwelling Unit The revised fee reflects an increase of $2,270/Dwelling Unit increase in the contribution to the State Route 4 Bypass (SR4BP) Trust Fund Account. This results in a total contribution of$4,000/Dwelling Unit to the SR4BP Trust Fund Account. The revised fees shall be payable as specified in Chapter 913-4 of the Contra Costa County Ordinance Code. SECTION VI. Fee Area. The revised fees described in this ordinance shall apply to all properties within the current Discovery Bay Area of Benefit Boundaries as described in County Ordinance No. 92-80. SECTION VII. Severability. If any fee or provision of this ordinance is held invalid .or unenforceable by a court of competent jurisdiction,that holding shall not affect the validity or enforceability of the remaining fees or provisions, and the Board declares that it would have adopted each part of this ordinance irrespective of the validity of any other part. SECTION VIII. Effective Date. This ordinance shall become effective 60 days after passage, and within 15 days of passage, shall be published once with the names of the Supervisors voting for and against it in the Antioch Daily Ledger, a newspaper of general circulation published in this County. Pursuant to Section 913-6.026 of the Contra Costa county Ordinance Code, the Clerk of the Board shall promptly file a certified copy of this ordinance with the County Recorder. SECTION IX. Existing Fee. This amendment of Ordinance No. Q shall not affect any fees accrued thereunder prior to the effective date of this ordinance, and such fees shall remain subject to payment and collection. PASSED and ADOPTED on by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By Deputy Board Chair MH:eh c:ord9280c.t3 -2-