HomeMy WebLinkAboutMINUTES - 05091995 - H.2 i
TO: BOARD'OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: May 9, 1995
SUBJECT: Adoption of an Ordinance modifying the time of collection of the Area of Benefit Fee.
Project No.: 0676-6P4070 CDD-CP# 94-74
SPECIFIC REQUESTS) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
I. Recommended Action:
A. FIND that the activity, adopting an Ordinance modifying the time of collection of the Area
of Benefit:fee from the final map stage to the issuance of the building permit, will not have
a significant effect on the environment, and that it has been determined to be exempt from
the California Environmental Quality Act under State CEQA Guidelines, Article 5, Section
15061 (8)(3).
B. DIRECT the Director of Community Development to file a Notice of Exemption with the
County Clerk.
C. DIRECT the Public Works Director to arrange for payment of the $25.00 handling fee to
the County Clerk for filing of the Notice of Exemption.
D. DETERMINE that a majority protest does not exist.
E. ADOPT attached Ordinance No. 95- 2 7 , which changes the time of collection of the
Area of Benefit Fee from the final map to the issuance of the building permit.
II. Financiallmpact:
This action will have no financial impact on the County General Funds.
Continued on Attachment: X SIGNATURE: W
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
_„APPROVE _ OTHER
SIGNATURE(S):
ACTION OF BOARD ON1/ q� �qQ S' APPROVED AS RECOMMENDED OTHER_
VOTE OF SUPERVISORS
—,4- UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ,ABSTAIN:
AS:eh I hereby certify that this is a true and correct
g:\transeng\as\bo9.t5 copy of an action taken and entered on the
Orig. Div: Public Works(T/E) minutes of the Board of Supervisors on the
Contact: A.Schaal,Tel.313-2234 date show r
cc: Auditor/Controller ATTESTED: ---
Community Development PHIL BATCH R, Clerk of the Board
Public Works Accounting of u erviso nd Coun dministrator
Design-V.Germany By Deputy
Treasurer/Tax Collector
4
Adoption of an Ordinance modifying the time of collection of the Area of Benefit Fee.
May 9, 1995
Page 2
III. Reasons for Recommendations and Background:
Currently Area of Benefit fees are collected at the issuance of a building permit for non-residential
developments and at the filing of the final,map for residential subdivisions.
During the April 18, 1994 hearing for the Eastern Contra Costa Sub-Regional Transportation
Mitigation Fee, the Board of Supervisors directed the Public Works Director to amend existing
Area of Benefits to revise the timing of the fee collection. This ordinance changes the fee
collection to issuance of building permit for the specified Area of Benefits.
IV. Consequences of Negative Action:
The fees will continue to be collected at the recording of the final map rather than at the issuance
of the building Kermit.
a
•i
ORDINANCE NO. 95 - 2
(Revision of Area of Benefit Ordinances to collect fees at building permit)
The Board of Supervisors of Contra Costa County ordains as follows:
SECTION I. SUMMARY. This ordinance provides for the amendment of the
existing area of benefit ordinances listed below by exempting them from Section 913-4.202
of the Contra Costa County Ordinance Code. Fee Collection of these Areas of Benefit will
be at issuance of a building permit as required by Section 913-4.204 of the Contra Costa
County Ordinance Code. These revisions are necessary to fulfill the direction given by the
Board of Supervisors in item T.C.1. of the April 18, 1994 Board Agenda, to delay the time
of fee collection from final map to issuance of building permits for subdivisions.
Area of Benefit Ordinance Number
Pacheco 86-52
Oakley N. Brentwood 90-10
Richmond/EI Sobrante 91-32
Bay Point 91-59
West County Regional 93-21
Central County Regional 93-22
Lamorinda Regional 93-23
East County Regional 93-24
South County Regional 93-25
Alamo Regional 93-26
Bethel Island Regional 93-27
North Richmond 94-3
SECTION II. AUTHORITY. This ordinance is enacted, in part, pursuant to
Government Code Sections 66484 and Division 913, Title 9, of the Contra Costa County
Ordinance Code.
SECTION III. NOTICE AND HEARING. This ordinance was adopted pursuant to
the procedure set forth in Government Code Sections 54986, 65091, 66016, 66017(a) and
66484 and Division 913, Title 9, of the Contra Costa County Ordinance Code, and all
required notices. have been properly given and public hearing held.
-1-
ORDINANCE NO. 95 - 2 7
I
SECTION IV. FEE ADOPTION. The fees contained in each area of benefit
ordinance shall remain the same and shall be levied and collected pursuant to the above
authorities. The: fees shall be payable as specified in Section 913-4.204 of the Contra
Costa County Ordinance Code.
SECTION V. 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 VI. EFFECTIVE DATE. This ordinance shall become effective 60 days
after passage, and within 15 days of passage, this ordinance shall be published once, with
the names of the Supervisors voting for and against it, in the Brentwood News, Antioch
Ledger and the Contra Costa Times, all newspapers 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.
PASSED and ADOPTED on May 9 , 1995 , 1995 by the following vote:
AYES: Supervisors Rogers , Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: None
ABSTAIN:None
` Board Chair
ATTEST: Phil Batchelor, Clerk of the
Board of . Supervisors and County
Administrator
By: '
D putt'
g:ordb1dg.t2
-2-
ORDINANCE NO. 95 - 2 7
ORDINANCE NO. 95 - 2 7
(Revision of Area of Benefit Ordinances to collect fees at building permit)
The Board of Supervisors of Contra Costa County ordains as follows:
SECTION I. SUMMARY. This ordinance provides for the amendment of the
existing area of benefit ordinances listed below by exempting them from Section 913-4.202
of the Contra Costa County Ordinance Code. Fee Collection of these Areas of Benefit will
be at issuance of a building permit as required by Section 913-4.204 of the Contra Costa
County Ordinance Code. These revisions are necessary to fulfill the direction given by the
Board of Supervisors in item T.C.1. of the April 18, 1994 Board Agenda, to delay the time
of fee collection from final map to issuance of building permits for subdivisions.
Area of Benefit Ordinance Number
Pacheco 86-52
Oakley N. Brentwood 90-10
Richmond/EI Sobrante 91-32
Bay Point 91-59
West County Regional 93-21
Central County Regional 93-22
Lamorinda Regional 93-23
East County Regional 93-24
South County Regional 93-25
Alamo Regional 93-26
.Bethel Island Regional 93-27
North Richmond 94-3
SECTION II. AUTHORITY. This ordinance is enacted, in part, pursuant to
Government Code Sections 66484 and Division 913, Title 9, of the Contra Costa County
Ordinance Code.
SECTION III. NOTICE AND HEARING. This ordinance was adopted pursuant to
the procedure set forth in Government Code Sections 54986, 65091, 66016, 66017(a) and
66484 and Division 913, Title 9, of the Contra Costa County Ordinance Code, and all
required notices have been properly given and public hearing held.
-1-
ORDINANCE NO. 95 2 7
S
SECTION IV. FEE ADOPTION. The fees contained in each area of benefit
ordinance shall remain the same and shall be levied and collected pursuant to the above
authorities. The fees shall be payable as specified in Section 913-4.204 of the Contra
Costa County Ordinance Code.
SECTION V. 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 VI. EFFECTIVE DATE. This ordinance shall become effective 60 days
after passage, and within 15 days of passage, this ordinance shall be published once, with
the names of the Supervisors voting for and against it, in the Brentwood News, Antioch
Ledger and the Contra Costa Times, all newspapers 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.
PASSED and ADOPTED on May 9 , 1995 , 1995 by the following vote:
AYES: Supervisors Rogers , Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: None
ABSTAIN:None
Board Chair
ATTEST: Phil Batchelor, Clerk of the
Board of Supervisors and County
Administrator
By: 0,2
D puty
gordbldg.Q
-2-
ORDINANCE NO. 95 - 2 7
RECORD T REQUEST Of
95 0'79841
MAY 19 19S
CLOCK
CORA�OST� COUNTY RECORDS
STEPHEN L. WEIR ,
ORDINANCE NO. 95 -27 COUNTY RECORDER
(Revision of Area of Benefit Ordinances to collect fees at building perms
The Board of Supervisors of Contra Costa County ordains as follows:
SECTION I. SUMMARY. This ordinance provides for the amendment of the
existing area of benefit ordinances listed below by exempting them from Section 9134.202
of the Contra Costa County Ordinance Code. Fee Collection of these Areas of Benefit will
be at issuance of a building permit as required by Section 9134.204 of the Contra Costa
County Ordinance Code. These revisions are necessary to fulfill the direction given by the
Board of Supervisors in item T.C.1. of the April 18, 1994 Board Agenda, to delay the time
of fee collection from final map to issuance of building permits for subdivisions.
Area of Benefit Ordinance Number
Pacheco 86-52
Oakley N. Brentwood 90-10
Richmond/El Sobrante 91-32
Bay Point 91-59
West County Regional 93-21
Central County Regional 93-22
Lamorinda Regional 93-23
East County Regional 93-24
South County Regional 93-25
Alamo Regional 93-26
Bethel Island Regional 93-27
North Richmond 94-3
SECTION II. AUTHORITY. This ordinance is enacted, in part, pursuant to
Government Code Sections 66484 and Division 913, Title 9, of the Contra Costa County
Ordinance Code. '
SECTION III, NOTICE AND HEARING. This ordinance was adopted pursuant to
the procedure set forth in Government Code Sections 54986, 65091, 66016, 66017(a) and
66484 and Division 913, Title 9, of the Contra Costa County Ordinance Code, and all
required notices have been properly given and public hearing held.
-1-
ORDINANCE NO. 95 -27
N
i
i
SECTION IV. FEE ADOPTION. The fees contained in each area of benefit
ordinance shall remain the same and shall be levied and collected pursuant to the above
authorities. The fees shall be payable as specified in Section 913-4.204 of the Contra
Costa County Ordinance Code.
SECTION V. 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 VI. EFFECTIVE DATE. This ordinance shall become effective 60 days
after passage, and'within 15 days of passage, this ordinance shall be published once, with
the names of the Supervisors voting for and against it, in the Brentwood News, Antioch
Ledger and the Contra Costa Times, all newspapers 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.
PASSED and ADOPTED on May 9 , 1995 , 1995 by the following vote:
AYES: Supervisors Rogers , Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: None
ABSTAIN:None
Board Chair
ATTEST: Phil Batchelor, Clerk of the
Board of Supervisors and County
Administrator
By:
aw a
Ueputy
p:ordb�dp.t2
_2_
ORDINANCE NO. 95 .2?
ORDINANCE NO. 95 -27
(Revision of Area of Benefit Ordinances to collect fees at building permit)
The Board of Supervisors of Contra Costa County ordains as follows:
SECTION I. SUMMARY. This ordinance provides for the amendment of the
existing area of benefit ordinances listed below by exempting them from Section 913-4.202
of the Contra Costa County Ordinance Code. Fee Collection of these Areas of Benefit will
be at issuance of a building permit as required,by Section 913-4.204 of the Contra Costa
County Ordinance Code. These revisions are necessary to fulfill the direction given by the
Board of Supervisors in item T.C.1. of the April 18, 1994 Board Agenda, to delay the time
of fee collection from final map to issuance of building permits for subdivisions.
Area of Benefit Ordinance Number
Pacheco 86-52
Oakley N. Brentwood 90-10
Richmond/EI Sobrante 91-32
Bay Point 91-59
West County Regional 93-21
Central County Regional 93-22
Lamorinda Regional 93-23
East County Regional 93-24
South County Regional 93-25
Alamo Regional 93-26
.Bethel Island Regional 93-27
North Richmond 94-3
SECTION II. AUTHORITY. This ordinance is enacted, in part, pursuant to
Government Code Sections 66484 and Division 913, Title 9, of the Contra Costa County
Ordinance Code.
SECTION Ill. NOTICE AND HEARING. This ordinance was adopted pursuant to
the procedure set forth in Government Code Sections 54986, 65091, 66016, 66017(x) and
66484 and Division 913, Title 9, of the Contra Costa County Ordinance Code, and all
required notices have been properly given and public hearing held.
-1-
ORDINANCE NO. 95 -27
SECTION IV. FEE ADOPTION. The fees contained in each area of benefit
ordinance shall remain the same and shall be levied and collected pursuant to the above
authorities. The fees shall be payable as specified in Section 913-4.204 of the Contra
Costa County Ordinance Code.
SECTION V. 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 VI. EFFECTIVE DATE. This ordinance shall become effective 60 days
after passage, and within 15 days of passage, this ordinance shall be published once, with
the names of the Supervisors voting for and against it, in the Brentwood News, Antioch
Ledger and the Contra Costa Times, all newspapers 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.
PASSED and ADOPTED on May 9 , 1995 , 1995 by the following vote:
AYES: Supervisors Rogers , Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: None
ABSTAIN:None
Board hair
ATTEST: Phil Batchelor, Clerk of the
Board of Supervisors and County
Administrator
By: C�Mm (1�14 ,L
e uty
g:ordb1dgA2
-2-
ORDINANCE NO. 95 -.2 -7
r
FAX XXXORANDUM - -
I', CLERK OF THE BOARD OF SUPERVISORS
_
CONTRA COSTA COUNTY
„t 651 Pine Street, Room 106
•'�!!io .,; l6artinez, California 94553
Phone (415) 646-2371; FAX 646-1059
DATE:e1J4
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ORDINANCE NO. 95 -27
(Revision of Area of Benefit Ordinances to collect fees at building permit)
The Board of Supervisors of Contra Costa County ordains as follows:
SECTION I. SUMMARY. This ordinance provides for the amendment of the
existing area of benefit ordinances listed below by exempting them from Section 9134.202
of the Contra Costa County Ordinance Code. Fee Collection of these Areas of Benefit will
be at issuance of a building permit as required by Section 913-4.204 of the Contra Costa
County Ordinance Code. These revisions are necessary to fulfill the direction given by the
Board of Supervisors in item T.C.1 of the April 18, 1994 Board Agenda, to delay the time
of fee collection from final map to issuance of building permits for subdivisions.
Area of Benefit Ordinance Number
Pacheco 86-52
Oakley N. Brentwood 90-10
Richmond/El Sobrante 91-32
Bay Point 91-59
West County Regional 93-21
Central County Regional 93-22
Lamorinda Regional 93-23
East County Regional 93-24
South County Regional 93-25
Alamo Regional 93-26
Bethel Island Regional 93-27
North Richmond 94-3
SECTION II. AUTHORITY. This ordinance is enacted, in part, pursuant to
Government Code Sections 66484 and Division 913, Title 9, of the Contra Costa County
Ordinance Code:.
SECTION III. NOTICE AND HEARING. This ordinance was adopted pursuant to
the procedure set forth in Government Code Sections 54986, 65091, 66016, 66017(a) and
66484 and Division 913, Title 9, of the Contra Costa County Ordinance Code, and all
required notices; have been properly given and public hearing held.
D : 95 =2
SECTION IV. FEE ADOPTION. The fees contained in each area of benefit
ordinance shall remain the same and shall be levied and collected pursuant to the above
authorities. The fees shall be payable as specified in Section 913-4.204 of the Contra
Costa County Ordinance Code.
SECTION V. 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 VI. EFFECTIVE DATE. This ordinance shall become effective 60 days
after passage, and within 15 days of passage, this ordinance shall be published once, with
the names of the Supervisors voting for and against it, in the Brentwood News, Antioch
Ledger and the Contra Costa Times,.all newspapers 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.
PASSED and ADOPTED on May 9 , 1995 , 1995 by the following vote:
AYES: Supervisors Rogers , Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: None
ABSTAIN:None
GAYLE BIS OP
1�a�
Board thair
ATTEST: Phil Batchelor, Clerk of the
Board of Supervisors and County
Administrator
\, ANN CERVELLI
By: I
e uty 1411 2
-0 R D I N A N . 9
8EC0 DED AT REQUEST(W A c
RIN4. I o ,� '
-r V+ V4--'?-, 1(� �- s� MAY 19 1995 MAY 19 19%
AT
?/
95 079 '41 CONTRA' A•COUNTY REC RDS
STEPHEN L. WEIR
COUNTY RECORDER
FEES qV ,ORDINANCE NO. 95 -27
(Revision of Area of Benefit Ordinances to collect fees at building permit)
The Board of Supervisors of Contra Costa County ordains as follows:
SECTION I. SUMMARY. This ordinance provides for the amendment of the
existing area of benefit ordinances listed below by exempting them from Section 913-4.202
of the Contra Costa County Ordinance Code. Fee Collection of these Areas of Benefit will
be at issuance of a building permit as required by Section 913-4.204 of the Contra Costa
County Ordinance Code. These revisions are necessary to fulfill the direction given by the
Board of Supervisors in item T.C.1. of the April 18, 1994 Board Agenda, to delay the time
of fee collection from final map to issuance of building permits for subdivisions.
Area of Benefit Ordinance Number
Pacheco 86-52
Oakley N. Brentwood 90-10
Richmond/EI Sobrante 91-32
.Bay Point 91-59
West County Regional 93-21
Central County Regional 93-22
Lamorinda Regional 93-23
East County Regional 93-24
South County Regional 93-25
Alamo Regional 93-26
Bethel Island Regional 93-27
North Richmond 94-3
SECTION II. AUTHORITY. This ordinance is enacted, in part, pursuant to
Government Code Sections 66484 and Division 913, Title 9, of the Contra Costa County
Ordinance Code.
.SECTION III. NOTICE AND HEARING. This ordinance was adopted pursuant to
the procedure set forth in Government Code Sections 54986, 65091, 66016, 66017(a) and
66484 and Division 913, Title 9, of the Contra Costa County Ordinance Code, and all
required notices have been properly given and public hearing held.
.1-
ORDINANCE NO. 95 -27
SECTION IV. FEE ADOPTION. The fees contained in each area of benefit
ordinance shall remain the same and shall be levied and collected pursuant to the above
authorities. The fees shall be payable as specified in Section 913-4.204 of the Contra W
Costa County Ordinance Code.
SECTION V. 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 VI. EFFECTIVE DATE. This ordinance shall become effective 60 days
after passage, and'within 15 days of passage, this ordinance shall be published once, with
the names of the Supervisors voting for and against it, in the Brentwood News, Antioch
Ledger and the Contra Costa Times, all newspapers 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.
PASSED and ADOPTED on May 9 , 1995 , 1995 by the following vote:
AYES: Supervisors Rogers , Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: none
ABSTAIN:None
Board,Chair
ATTEST: Phil Batchelor, Clerk of the
Board of Supervisors and County
Administrator
6LBy: °
uty
p:o►dDida.c�
`. -2-
ORDINANCE NO. 95 - 2 7
DATE:
REQUEST TO SPEAK FORM
(THREE (3) MINUTE LIMIT) /
Complete this foram and place it in the box near the speakers' rostrum before
addressing the Board.
NAME: PHONE: GO 2 --77� 3S'
ADDRESS: �a2/ PDX 7" Glql6A60 y Cny: Ca 1,J60 l2�
I am speaking formyself OR organization: it/o�Thf
Check one: (NAME OF ORGANVNTION)
I wish to speak on Agenda Item #
My comments will be: general for i� against
I wish to speak on the subject of
I do not wish to speak but leave these comments for the Board to consider.
AMA
AMP
RECEIVED
®. - -.� -- MAY
100E
Development Company
CLERK BOARD OF SUPERVISORS
4021 Port Chicago Highway•P.O. Box 4113•Concord, CA 94524-4113•(510)671-7711 CONTRA COSTA CO,
May 8, 1995
Board of Supervisors
Contra Costa County
651 Pine Street
Martinez, CA 94553
Re: Revision of Time of Collection of Area of Benefit (AOB) Fees
Honorable Members of the Board of Supervisors:
I want to express our support for the change in the time of collection of AOB
fees from final map. to building permits. I would also like to propose a
re-evaluation of the existing AOB fee levels.
Collection of AOB fees at building permits is consistent with the
requirements of Measure C. A project only has an impact on County roads
when the homes are built and occupied. It is common, particularly in the
depressed market we have been in for the past five years, for developed lots
to sit for several years or more before homes are built. Fee collection at
building permits is more reasonable because most builders do not pull
permits until they feel a home will sell.
Cities throughout the County collect traffic-related fees along with other
impact fees at building permits. Collection at final map is unjustified
because merely subdividing does not create a traffic impact.
The early collection of AOB fees puts a large burden on proposed projects.
For example, in the OakleyArea a 100-lot subdivision must pay an AOB fee
of almost $800,000. This fee, in addition to site improvement costs, requires
a builder to make a very large investment before any homes may be started,
much less sold. When home sales are slow, as they continue to be, it can be
years before all homes are built and sold and the AOB fee recouped. The
interest carry on the AOB fee alone over that time can be several hundred
thousand dollars.
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Board of Supervisors May 1, 1995
Contra Costa County Page 2
Re: Revision. of Time of Collection
of Area of Benefit (AOB) Fees
The current collection of AOB fees at final map is preventing many approved
projects from proceeding. That delay hurts the County economy because it
costs jobs and keeps property tax revenues from increasing. It also means
that fees to build very needed projects such as the widening of Highway 4
are not being collected. The collection of AOB fees at building permits
should help some of these projects move ahead.
With regard to the level of AOB fees, particularly in the Oakley/North
Brentwood Area, we believe it is time that they be revisited. The current fees
were adopted over five years ago when development was thriving. Since that
time, home sales have slowed to a crawl and home prices have declined. A
hard look should be taken at the scope of the proposed AOB projects. Are
they more Elaborate or expensive than they need to be? Are all the
proposed improvements really necessary? Do they involve landscaping
which may be pretty, but does not improve traffic flow. The AOB projects
should only provide for good circulation and safety. I encourage you to
direct staff to take a fresh look at the AOB fees to assure they are reasonable
and appropriate.
We strongly encourage you to adopt the recommendation of your
Transportation Committee and approve the change in the time of AOB fee
collection to building permits. We also request that you authorize staff to
review the existing AOB levels for possible needed adjustments.
Sincerely,
NORTH STATE DEVELOPMENT COMPANY
QJ eAX)
Richard D. Sestero
Project Manager
/bjr
cc: M. Shiu, Deputy Public Works Director
J. Bueren, Assistant Public Works Director, Transportation
H. Ballenger, Transportation Engineering
Guy Bjerke, BIA
misco\0501
I
Development Company
4021 Fort Chicago Highway•P.O. Box 4113•Concord, CA 94524-4113•(510)671-7711
May 8, 1995
Board of Supervisors
Contra Costa County
651 Pine Street
Martinez, CA. 94553
Re: Revision of Time of Collection of Area of Benefit (AOB) Fees
Honorable Members of the Board of Supervisors:
I want to express our support for the change in the time of collection of AOB
fees from final map to building permits. I would also like to propose a
re-evaluation. of the existing AOB fee levels.
Collection of AOB fees at building permits is consistent with the
requirements of Measure C. A project only has an impact on County roads
when the homes are built and occupied. It is common, particularly in the
depressed market we have been in for the past five years, for developed lots
to sit for several years or more before homes are built. Fee collection at
building permits is more reasonable because most builders do .not pull
permits until they feel a home will sell.
Cities throughout the County collect traffic-related fees along with other
impact fees at building permits. Collection at final map is unjustified
because merely subdividing does not create a traffic impact.
The early collection of AOB fees puts a large burden on proposed projects.
For example, in the Oakley Area a 100-lot subdivision must pay an AOB fee
of almost $800,000. This fee, in addition to site improvement costs, requires
a builder to make a very large investment before any homes may be started,
much less sold. When home sales are slow, as they continue to be, it can be
years before all homes are built and sold and the AOB fee recouped. The
interest carry on the AOB fee alone over that time can be several hundred
thousand dollars.
Board of Supervisors May 1, 1995
Contra Costa County Page 2
Re: Revision of Time of Collection
of Area of Benefit (AOB) Fees
The current collection of AOB fees at final map is preventing many approved
projects from proceeding. That delay hurts the County economy because it
costs jobs and keeps property tax revenues from increasing. It also means
that fees to build very needed projects such as the widening of Highway 4
are not being collected. The collection of AOB fees at building permits
should help some of these projects move ahead.
With regard. to the level of AOB fees, particularly in the Oakley/North
Brentwood Area, we believe it is time that they be revisited. The current fees
were adopted over five years ago when development was thriving. Since that
time, home sales have slowed to a crawl and home prices have declined. A
hard look should be taken at the scope of the proposed AOB projects. Are
they more elaborate or expensive than they need to be? Are all the
proposed improvements really necessary? Do they involve landscaping
which may be pretty, but does not improve traffic flow. The AOB projects
should only provide for good circulation and safety. I encourage you to
direct staff to take a fresh look at the AOB fees to assure they are reasonable
and appropriate.
We strongly encourage you to adopt the recommendation of your
Transportation Committee and approve the change in the time of AOB fee
collection to building permits. We also request that you authorize staff to
review the existing AOB levels for possible needed adjustments.
Sincerely,
NORTH STATE DEVELOPNINT COMPANY
'or
Richard D. Sestero
Project Manager
/bjr
cc: M. Shiu, Deputy Public Works Director
J. Bueren, Assistant Public Works Director, Transportation
H. Ballenger, Transportation Engineering
Guy Bjerke, BIA
misco\osol