HomeMy WebLinkAboutORDINANCES - 05141991 - 91-27 ORDINANCE NO. 91- Z7
(Increasing Fees for the Richmond/EI Sobrante
Area of Benefit and Replacing Resolution No. 85/302)
The Board of Supervisors of Contra Costa County ordains as follows:
SECTION I. Summary. This ordinance provides for an increase in the fee to be collected
from developments proposed in the Richmond/EI Sobrante Area of,Benefit to fund road
improvements in the Richmond/EI Sobrante area.
SECTION II. Replacement. Resolution No. 85/302 shall be repealed and replaced by this
ordinance.
SECTION III. Author' . 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 54986, 65091; 66016, 66017, 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 Revision. The following revised fees are hereby ADOPTED for the
Richmond/EI Sobrante Area of Benefit to fund bridge and major thoroughfare
improvements, as described in the Revised Development Program;Report, and shall be
LEVIED and COLLECTED pursuant to the above authorities:
Residential Single Family $3,178/dwelling unit
Residential Multi-Family $2,555/dwelling unit
Retail $7.93/sq ft gross floor area
Office $5.05/sq ft gross floor area
All Other Land Uses $3,177/p.m. peak hour trip
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
property described in Exhibit "A" attached hereto.
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.
Ordinance No. 91-
Page 2
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
Superyisors voting for and against it in the West County Times, a newspaper of general
circulation published in this county. Pursuant to Section 913-6.026 of the Contra Costa
County Ordinance Code, the Clerk of the Board shall promptly file a certified copy of this
ordinance with the County Recorder.
SECTION IX. Existing Fee. The replacement of Resolution No. 85/302 shall not affect any
fees accrued thereunder prior to the effective date of the accompanying urgency
ordinance or the effective date of this ordinance, whichever is earlier, and such fees shall
remain subject to payment and collection.
PASSED and ADOPTED on May 14, 1991 by the following vote:
AYES: Supervisors Schroder, McPeak, Torlakson and Powers
NOES: None
ABSENT: Supervisor Fanden.
ABSTAIN: None
ATTEST:. PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
By 4&" ea.
Deputy Board Chair
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APPENDIX "A"
RICHMOND/EL SOBRANTE
AREA OF BENEFIT
BOUNDARY DESCRIPTION
Real property situated in the City of Richmond and the unincorporated area of Contra
Costa County, California, described as follows:
References to maps, boundaries, and ownerships are to records of said County.
Beginning on the east right-of-way line of Interstate Route 80 "Eastshore Freeway" at the
north comer of Subdivision 5214 "Hilltop Green - Unit No. 3-D" recorded April 20, 1978
in Map Book 210 at page 11; thence from the Point of Beginning following the boundary
common to the Cities of Richmond and Pinole, south 5r3T48" east 1,030 feet, more or
less, to the west comer of Tract 2620 "Loma Linda Heights Unit No. 2" recorded July 30,
1958 in Map Book 70 at page 30; thence leaving City of Richmond boundary and
following City of Pinole boundary in a general easterly direction 22,700 feet, more or less,
to the north comer of Subdivision 5039 lied August 10, 1978 in Map Book 215 at page
27; thence along the boundary common to the Cities of Richmond and Pinole, in a
general southeasterly direction 4,408 feet, more or less, to the west comer of East Bay
Municipal Utility District PARCEL THREE recorded April 25, 1957 in Volume 2969 of
Official Records at page 595; thence leaving City of Pinole boundary and following City
of Richmond boundary in a general southeasterly direction 8,700 feet, more or less, to
the southeast comer of Subdivision 6673 filed November 1, 1988 in Map Book 327 at
page 10; thence continuing to follow City of Richmond boundary, south 49059'01" west
1,576.45 feet, to the south comer of Subdivision 6673; thence leaving City of Richmond
boundary and following the southeast line of Subdivision MS 113-74 (filed December 30,
1974 in Parcel Map Book 36 at page 23), south 49058'32" west 456.92 feet and south
50006'03"west 2,173.62 feet, to the south comer of Subdivision MS 113-74; thence along
City of Richmond boundary, south 50006'03" west 801.07 feet, to the northeast line of
John F. Kennedy Grove PARCEL TWO granted to East Bay Regional Park District (a
public agency hereinafter referred to as E.B.R.P.D.) and recorded February 7, 1966 in
Volume 5052 of Official Records at page 489; thence continuing along City of Richmond
boundary following the boundary of John F. Kennedy Grove (5052 O.R. 489), north
46053'20" west 1,52224 feet and south 5801611" west 1,257.63 feet, to the most eastern
comer of Subdivision 2974 "Oakhill Estates Unit No. 1" recorded February 15, 1963 in
Map Book 91 at page 9; thence leaving City of Richmond boundary and following the
southeast line of Subdivision 2974, south 58°15'11" west 943.17 feet, to the northeast
right-of-way line of Hillside Drive (91 M 9); thence crossing Hillside Drive (as shown on
the map of Subdivision MS 233-77 filed February 10, 1981 in Parcel Map Book 92 at page
33) and following the southeast line of Subdivision MS 233-77, south 58°15'11" west
238.93 feet, to the east comer of Contra Costa County parcel recorded March 20, 1957
in Volume 2950 of Official Records at page 524; thence along the southeast line of said
County parcel (crossing San Pablo Dam Road), south 5712'00" west 219.29 feet, to the
south comer (2950 O.R. 524); thence along the southwest right-of-way line of San Pablo
Dam Road in a general southeasterly direction 4,400 feet, more or less, to the most
southern comer of San Pablo Development Company PARCEL ONE recorded December
19, 1989 in Volume 15550 of Official Records at page 364; thence along the south line
of said Development Company PARCEL ONE in a general northwesterly direction 10,400
feet, more or less, to the southwest line of George C. Wilson et ai PARCEL ONE recorded
July 1, 1986 in Volume 12973 of Official Records at page 870; thence along said
southwest line, north 57'30'00" west 430 feet, to an angle point on the boundary of
E.S.R.P.D. PARCEL ONE recorded February 16, 1967 in Volume 5307 of Official Records
at page 433; thence along said E.B.R.P.D. boundary in a general westerly direction 8,800
feet, more or less, to the southeast comer of Lot 124 of San Pablo Rancho filed March
1, 1894; thence along the south line of Lot 124, south 89°44'00"west 1,720.62 feet, to the
southeast comer of Ralph W. Johnson et ux PARCEL ONE recorded June 5, 1972 in
Volume 6667 of Official Records at page 436;thence along the boundary of said Johnson
PARCEL ONE, north 89°32'00" west 176.67 feet, north 04058'46" east 1,183.95 feet, and
north 02°14'17" east 584.03 feet, to the southwest comer of Ralph W. Johnson et ux
PARCEL TWO (6667 O.R. 436); thence along the west line of said Johnson PARCEL
TWO, north 02°14'17" east 71.26 feet and north 071519" east 843.10 feet, to the
boundary of Lot 124 of San Pablo Rancho; thence along the boundary of Lot 124, south
89055'00" west 115.17 feet, to the southeast comer of La Colina Subdivision recorded
April 14, 1941 in Map Book 25 at page 805; thence along the boundary of La Cciina
Subdivision in a general westerly direction 314.12 feet to the south line of Lot 126 of San
Pablo Rancho; thence along said south line, westerly 863 feet, more or less, to the
southeast comer of Lot 27, Map of North Richmond filed April 6, 1908 in Map Book 1 at
page 18; thence along the south line of Lot 27, south 79°51'00" west 7724 feet, to the
southeast comer of Lot 55 (1 M 18); thence along the south line of Lots 55 and 54 (1 M
18), south 68049'00"west 562.2 feet, to the northeast comer of Subdivision 3131 "Holford
Heights Unit One" recorded December 31, 1963 in Map Book 97 at page 2; thence along
the boundary of Subdivision 3131, south 05'03'15" east 885.00 feet, south 8405645"west
116.00 feet, south 74°26'45' west 411.00 feet, and south 83003'58" west 61.12 feet
(crossing Bonita Road), to the southeast comer of.Marvin Helbaum et ux parcel recorded
April 9, 1982 in Volume 10739 of Official Records at page 740 (described in deed to the
State of California recorded July 24, 1970 in Volume 6178 of Official Records at page
260); thence along the south line of said Heibaum parcel, south 8703'58"west 33.53 feet,
to the east right-of-way line of Grand Canyon Avenue shown on "Map of Richmond
California Heights, Contra Costa County, California" flied April 21, 1914 in Map Book 11
at page 257; thence along said east line, south 07°40'00" east 148.59 feet; thence
crossing Grand Carryon Avenue, south 82°20'00"west 40 feet, to the beginning of a curve
concave to the southwest to which a radial bears north 82020'00" east 15 feet; thence
along the arc of said curve, northwesterly 29.67 feet through a central angle of 113021'00",
to a point of tangency on the south right-of-way line of Capitol Hill Avenue (11 M 267);
thence along said south line in a general westerly direction 193.64 feet, to the most
northern comer of Lot 10 of Block 7 (11 M 267); thence along the boundary of Lot 10,
south 51014'00" west 121.67 feet and south 32°12'30" east 67.43 feet; thence crossing
said Lot 10, north 86°20'00" east 10 feet, to the northwest comer of Lot 34 of Block 7 (11
2
M 267); thence along the west line of Lot 34 and its southern prolongation, south
03040'00" east 153 feet to the south right-af-way line of Harbor View Avenue (11 M 267);
thence along said south line in a general westerly direction 71.10 feet to the east comer
of Lot 8 of Block 8 (11 M 267); thence along the southeast line of Lot 8, south 55°04'00"
west 103.56 feet, to the west comer of Lot 7 of Block 8 (11 M 267); thence along the
southwest line of Lot 7, south 30°4850° east 102.52 feet, to the north right-of-way line of
Grand Canyon Avenue (11 M 267); thence crossing Grand Canyon Avenue south
3456'00" east 40 feet;thence along the south right-0f-way line of Grand Canyon Avenue
in a general westerly direction 219.74 feet to the east One of Lot 14 of Block 1 (11 M 257);
thence along said east line, south 12273 feet, to City of Richmond boundary; thence
along City of Richmond boundary in a general westerly direction 1,307 feet, more or less,
to the north comer of Lot 2 of Block 6 of Tewksbury Heights filed September 20, 1909
in Map Book 2 at page 38;thence leaving City of Richmond boundary and following City
of San Pablo boundary in a general northerly direction 8,350 feet, more or less, to the
south comer of State of California parcel recorded July 2, 1954 in Volume 2341 of Otficiai
Records at page 430; thence leaving City of San Pablo boundary and following the
southeast right-of-way rine of Interstate Route 80 °Eastshore Freeway" in a general
northeasterly direction 9,670 feet, more or less, to the Point of Beginning..
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• e
ORDINANCE NO. 91- 28
(Urgency Measure for Interim Authorization
to Increase Road Fees for
Richmond/EI Sobrante Area of Benefit)
The Board of Supervisors of Contra Costa County ordains as follows:
SECTION I. Summary. This ordinance is an urgency measure for interim authorization
to increase fees to be used for bridge and major thoroughfare improvements in the
Richmond/EI Sobrante area,which improvements are needed to protect the public health,
safety and welfare.
SECTION II. Findings. The Board finds that:
There is an urgent need for increased fees as the inadequacy of the Richmond/EI
Sobrante area road network causes significant congestion, delay and economic
loss to the entire EI Sobrante Valley area. The resulting stressful driving conditions
and reduction in air quality are adverse factors affecting the public health, safety
and welfare.
Housing construction activity is expected to be heavy in the near future for the
Richmond/El Sobrante area. The corresponding increase in peak hour traffic on
the EI Sobrante road network will further reduce the quality of travel in the
Richmond/El Sobrante area.
Failure to adopt the increased fees at this time will result in a los of potential
revenues as new development is built without having to contribute its full share to
the proposed improvements.
The inability to finance construction of improvements to the road infrastructure in
the Richmond/EI Sobrante area is detrimental. to the public health, safety and
welfare.
Failure to require payment of the fees described in this ordinance as the condition
of issuing a building permit or filing a subdivision map would place the residents
of the immediate community and the fee area in a condition perilous to their health
and safety, in that the failure to fund necessary improvements to road
infrastructure in the Richmond/EI Sobrante area will result in continuing and
additional traffic congestion, delay, economic loss, stressful driving conditions and
reduction in air quality.
The adoption of increased fees at this time will allow the immediate collection of
the increased fees from new development. The end result will be to decrease
travel delay, relieve traffic congestion, and thus, protect the public health, safety
and welfare.
Ordinance No. 91-
Page 2
SECTION III. Replacement. Resolution No. 85/302 shall be repealed and replaced by this
ordinance.
SECTION N.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 V. Procedure. This ordinance was adopted pursuant to the procedure set forth
in Government Code Section 66017(b).
SECTION VI. Fee AdoQtion. The following increased fees are hereby ADOPTED for the
Richmond/EI Sobrante Area of Benefit to fund the major thoroughfare improvements
described in the Revised Development Program Report on file with the Clerk of the Board,
and shall be LEVIED and COLLECTED pursuant to the above authorities:
Single Family Residential $3,178/dwelling unit
Multi-Family Residential $2,555/dwelling unit
Retail $7.93/sq ft gross floor area
Office $5.05/sq ft gross floor area
All Other Land Uses $3,177/p.m. peak hour trip
The fees shall be payable as specified in Chapter 913-4 of the Contra Costa County
Ordinance Code.
SECTION VII. Fee Area. The fees described in this ordinance shall apply to all property
described in Exhibit A attached hereto.
SECTION VIII. 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 IX. Effective Date. This ordinance shall become effective immediately after
passage, and shall be operative for 30 days, after which time it mayzbe extended. Within
15 days of passage, this ordinance shall be,published once, with the names of the
Supervisors voting for and against it, in the West County Times, a newspaper of general
circulation published in this county. Pursuant to Section 913-6.026 of the Contra Costa
County Ordinance Code, the Clerk of the Board shall promptly file a certified copy of this
ordinance with the County Recorder.
Ordinance No. 91-
Page 3
SECTION X. Existing Fee. The replacement of Resolution No. 85/302 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 May 14. 1991 by the following vote:
AYES: Supervisors Schroder, McPeak, Torlakson and Powers
NOES: None
ASSENT: Supervisor Fanden
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk of -
the Board of Supervisors and County
Administrator
By: am" ��a,►4 lO�� � �-:-�-..
Deputy Bard Chair
w
MC:eh
c:ORD#91.t3
APPENDIX "A'
RICHMOND/EL SOBRANTE
AREA OF BENEFIT
BOUNDARY DESCRIPTION
Real property situated in the City of Richmond and the unincorporated area of Contra
Costa County, California, described as follows:
References to maps, boundaries, and ownerships are to records of said County.
Beginning on the east right-of-way line of Interstate Route 80 "Eastshore Freeway" at the
north comer of Subdivision 5214 "Hilltop Green - Unit No. 3-O" recorded April 20, 1978
in Map Book 210 at page 11; thence from the Point of Beginning following the boundary
common to the Cities of Richmond and Pinole, south 57"37'48" east 1,030 feet, more or
less, to the west comer of Tract 2520 "Loma Linda Heights Unit No. 2" recorded July 30,
1958 in Map Book 70 at page 30; thence leaving City of Richmond boundary and
following City of Pinole boundary in a general easterly direction 22,700 feet, more or less,
tothe north comer of Subdivision 51239 filed August 10, 1978 in Map Book 215 at page
0", thence along the boundary common to the Cities of Richmond and Pinole, in a
general southeasterty direction 4,408 feet, more or less, to the west comer of East Bay
Municipal Utility District PARCEL THREE recorded April 25, 1957 in Volume 2969 of
Official Records at page 595; thence leaving City of Pinole boundary and following City
of Richmond boundary in a general southeasterly direction 8,700 feet, more or less, to
the southeast comer of Subdivision 6673 filed November 1, 1988 in Map Book 327 at
page 10; thence continuing to follow City of Richmond boundary, south 49°59'01" west
1,576.45 feet, to the south comer of Subdivision 6673; thence leaving City of Richmond
boundary and following the southeast line of Subdivision MS 113-74 (filed December 30,
1974 in Parcel Map Book 36 at page 23), south 49058'32" west 456.92 fest and soutth
5006'03"west 2,173.62 feet, to the south comer of Subdivision MS 113-74; thence along
City of Richmond boundary, south 50°06'03" west 801.07 feet, to the northeast line of
John F. Kennedy Grove PARCEL TWO granted to East Bay Regional Park District (a
public agency hereinafter referred to as E.B.R.P.D.) and recorded February 7, 1966 in
Volume 5052 of Official Records at page 489; thence continuing along City of Richmond
boundary following the boundary of John F. Kennedy Grove (5052 O.R. 489), north
46'53'20" west 1,52224 feet and south 58015'11" west 1,257.63 feet, to the most eastern
comer of Subdivision 2974 "Oakhill Estates Unit No. 1" recorded February 15, 1963 in
Map Book 91 at page 9; thence leaving City of Richmond boundary and following the
southeast line of Subdivision 2974, south 5$°15'11" west 943.17 feet, to the northeast
rigtrt-of-way line of Hillside Drive (91 M 9); thence crossing Hillside Drive (as shown on
the map of Subdivision MS 233-77 filed February 10, 1981 in Parcel Map Book 92 at page
33) and following the southeast line of Subdivision MS 233-77, south 58°15'11" west
238.93 feet, to the east comer of Contra Costa County parcel recorded March 20, 1957
in Volume 2950 of Official Records at page 524; thence along the southeast line of said
County parcel (crossing San Pablo Dam Road), south 57°12'00" west 21929 feet, to the
south comer (2950 O.R. 524); thence along the southwest right-of-way line of San Pablo
Dam Road in a general southeasterly direction 4,400 feet, more or less, to the mcs,
southern comer of San Pablo Development Company PARCEL ONE recorded Decemcer
19, 1989 in Volume 15550 of Official Records at page 364; thence along the south line
of said Development Company PARCEL ONE in a general northwesterly direction 10,400
feet; more or less, to the southwest line of George C. Wilson et al PARCEL ONE recorded
July 1, 1986 in Volume 12973 of Official Records at page 870; thence along said
southwest line, north 57030'00" west 430 feet, to an angle point on the boundary of
EB.R.P.D. PARCEL ONE recorded February 16, 1967 in Volume'5307 of Official Records
at page 433; thence along said EB.A.P.D. boundary in a general westerly direction 8,800
feet, more or less, to the southeast comer of Lot 124 of San Pablo Rancho filed March
1, 1894; thence along the south line of Lot 124, south 89°44'00"west 1,720.62 feet, to the
southeast comer of Ralph W. Johnson et ux PARCEL ONE recorded June 5, 1972 in
Volume 6667 of Official Records at page 436;thence along the boundary of said Johnson
PARCEL ONE, north 89°32'00" west 176.67 feet, north 04°58'46" east 1,183.95 feet, and
north 02°14'17" east 584.03 feet, to the southwest comer of Ralph W. Johnson et ux
PARCEL TWO (6667 O.R. 436); thence along the west line of said Johnson PARCEL
TWO, north 02°14'17" east 7126 feet and north 03°15'19" east 843.10 feet, to the
boundary of Lot 124 of San Pablo Rancho; thence along the boundary of Lot 124, south
8905600" west 115.17 feet, to the southeast comer of La Colina Subdivision recorded
April 14, 1941 in Map Book 25 at page 805; thence along the boundary of La Colina
Subdivision in a general westerly direction 314.12 feet to the south line of Lct 126 of San
Pablo Rancho; thence along said south line, westerly 863 feet, more or less, to the
southeast comer of Lot 27, Map of North Richmond filed April 6, 1908 in Map Book 1 at
page 18; thence along the south line of Lot 27, south 7751'00" west 7724 feet, to the
southeast comer of Lot 55 (1 M 18); thence along the south line of Lots 55 and 54 (1 M
18), south 68049'00"west 5822 feet, to the northeast comer of Subdivision 3131 "Hostord
Heights Unit One" recorded December 31, 19M in Map Book 97 at page Z thence along
the boundary of Subdivision 3131, south 05°03'15" east 885.00 feet, south 84°56'45`west,
116.00 feet, south 74026'45" west 411.00 feet, and south &703'58" west 61.12 feet
(crossing Bonita Road), to the southeast comer of Marvin Helbaum et ux parcel recorded
April 9, 1982 in Volume 10739 of Official Records at page 740 (described in deed to the
State of California recorded July 24, 1970.in Volume 6178 of Official Records at page
260); thence along the south line of said Helbaum parcel, south 83°03'58"west 33.53 feet,
to the east right-of-way line of Grand Carryon Avenue shown on "Map of Richmond
California Heights, Contra Costa County, CaiifomiW filed April 21, 1914 in Map Book 11
at page 257; thence along said east line, south 0740'00" east 148.59 feet; thence
crossing Grand Carryon Avenue, south 82°20'00"west 40 feet, to the beginning of a curve
concave to the southwest to which a radial bears north 82°20'00" east 15 feet; thence
along the arc of said curve, northwesterly 29.67 feet through a central angle of 113'21'00",
to a point of tangency on the south right-of-way line of Capitol Hill Avenue (11 M 267);
thence along said south line in a general westerly direction 193.64 feet, to the most
northern comer of Lot 10 of Block 7 (11 M 267); thence along the boundary of Lot 10,
south 51014'00" west 121.67 feet and south 32°12'30" east 67.43 feet; thence crossing
said Lot 10, north 86`20'00" east 10 feet, to the northwest comer of Lot 34 of Block 7 (11
2
M 267); thence along the west fine of Lot 34 and its southern prolongation, south
03'40'00" east 153 feet to the south right-of-way line of Harbor View Avenue (11 M 267);
thence along said south line in a general westerly direction 71.10 feet to the east comer
of Lot 8 of Block 8 (11 M 267); thence along the southeast line of Lot 8, south 55°04'00"
west 103.56 feet; to the west comer of Lot 7 of Block 8 (11 M 267); thence along the
southwest line of Lot 7, south 30°48'50' east 10252 feet; to the north right-cf-way line of
Grand Canyon Avenue (11 M 267); thence crossing Grand Canyon Avenue south
34056'00' east 40 feet;thence along the south right-of-way fine of Grand Canyon Avenue
in a general westerly direction 219.74 fest to the east line of Lot 14 of Block 1 (11 M 257);
thence along said east lime, south 12273 feet, to City of Richmond boundary; thence
along City of Richmond boundary in a general westerly crection 1,307 feet. more or less,
to the north comer of Lot 2 of Block 6 of Tewksbury Heights filed September 20, 1909
in Map Book 2 at page 38;thence leaving Cay of Richmond boundary and following City
of San Pablo boundary in a general northerly direction 8,350 feet; more or less, to the
south comer of State of Caldomia parcel recorded July 2, 1954 in Volume 2341 of Officio!
Records at page 430; thence leaving Cay of San Pablo boundary and following the
southeast- right-at-way line of interstate Route 80 amore Freeway" in a general
northeasterly direction 9,670 feet; more or less, to the Point of Beginning.
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