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HomeMy WebLinkAboutPC Reso 90-051 PA 90-021 Imposing Traffic Impact Fee- McDonalds RESOLUTION NO. 90 - 051 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN A RESOLUTION IMPOSING A TRAFFIC IMPACT FEE ON PA 90-021, MCDONALD'S AT 7145 DUBLIN BOULEVARD WHEREAS, by Planning Commission Resolution No. 90-049 the Planning Commission has approved the Conditional Use Permit for the expansion of the existing McDonald's use, the drive through, the outdoor seating area, and the construction of a new outdoor recreation facility, and by Planning Commission Resolution No. 90-050 the Planning Commission has approved the Site Development Review for the addition to the McDonald's building, construction of interior, exterior and on-site improvements and signage (hereafter "the proposed project"); and WHEREAS, the Planning Commission did hold two public hearings on said application on August 6 and September 4, 1990; and WHEREAS, proper notice of said public hearing was given in all respects as required by law for purposes of considering adoption of this resolution; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and was found to be Categorically Exempt under Section 15301, Class 1 (a)(e) of the State CEQA Guidelines because the project will consist of minor interior alterations and a minor addition to an existing structure involving negligible expansion of the existing use; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth; and WHEREAS, Condition No. 18 of Planning Commission Resolution No. 90-050 approving the Site Development Review requires the developer to pay a traffic impact or mitigation fee to be used for traffic facility improvements; and WHEREAS, a report setting forth the impacts of the proposed development on traffic through the year 2010, has been prepared by TJKM, along with an analysis of the need of the public facilities and improvements required by future development consisting of a memorandum dated August 28, 1990 to Lee Thompson, Public Works Director from David othling of TJKM, which is attached hereto as Attachment D1 and incorporated herein (referred to herein as "the report"); and - 1 - WHEREAS, said report sets forth the relationship between the proposed development, the needed facilities and the estimated costs of the facilities. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: A. The purpose of the said traffic impact fee is to mitigate the traffic impacts caused by the proposed development by construction of certain public facilities. B. The public facilities to be constructed with the traffic impact fee (referred to herein as "the public facilities") are identified in Attachment D1, attached hereto and incorporated herein by reference. C. The traffic impact fee is needed in order to finance the public facilities and to pay for the proposed development's fair share of the construction of the improvements and will be used for these purposes. D. The Commission finds the fee to be consistent with the General Plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the City's downtown commercial needs as established in the Land Use Plan component of the Downtown Specific Plan. E. The fees collected pursuant to this resolution shall be used to finance the public facilities identified in Attachment D1. F. After considering the report prepared by TJKM and the testimony received at this public hearing, the Commission approves and adopts said report, and incorporates such herein, and further finds that the proposed development will generate additional demands on municipal services. G. The report and the testimony establish: 1. That there is a reasonable relationship between the need for the public facilities designated in Attachment D1 and the impacts of the proposed development for which the corresponding fee is charged; 2. That there is a reasonable relationship between the fee's use and the proposed development for which the fee is charged; 3. That there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the proposed development on which the fee is imposed; and 4. That the cost estimates set forth in Attachment D1 are reasonable cost estimates for constructing these facilities, and the fees expected to be generated by future developments will not exceed the total costs of constructing the public facilities identified in Attachment Dl. -2- H. The TJKM report (Attachment D1) is a detailed analysis of how public services will be affected by the proposed development, and the public facilities required to accommodate that development and those deficiencies. The calculations and assumptions in the report can reasonably be applied to the proposed development. I. The method of allocation of the traffic impact fee to the proposed development bears a fair and reasonable relationship to the proposed development's burden on, and benefit from, the facilities to be funded by the fee. J. A traffic impact fee in the amount set forth in Attachment D1 and Condition No. 18 of Planning Commission Resolution No. 90-050 is hereby imposed, to be paid prior to the issuance of building permits. The Commission finds that Attachment D1 is the "plan" required by Government Code Section 53077.5. K. The traffic impact fee shall be placed in the Capital Improvement Fund and shall be segregated in separate and special accounts as provided herein and such revenues, along with any interest earnings on each account, shall be used for the following purposes: 1. To pay for design and construction of the public facilities described in Attachment D1 and reasonable costs of outside consultant studies related thereto; 2. To reimburse the City for the public facilities described in Attachment D1, constructed by the City with funds from other sources, unless the City funds were expended to remedy existing deficiencies as identified in Attachment D1 or were obtained from grants or gifts; and 3. To pay for and/or reimburse costs of program development and ongoing administration of the traffic impact fee program. L. The fees collected pursuant to this resolution shall be deposited into deposit accounts for the improvement projects identified in Attachment D1 and identified by developer or development being charged. M. Fees in the Capital Improvement Fund, and interest thereon, shall be expended only for those facilities listed in Attachment D1 and only for the purpose for which the fee was collected; and 1. The standards upon which the needs for facilities are based are the standards of the City. The City has undertaken an extensive capital improvement program to implement these standards and the City will remedy existing deficiencies without using proceeds of the traffic impact fee. N. The City Manager may develop rules and regulations for the effective implementation and administration of the traffic impact fee. 0. No later than June 30, 1991 and June 30 of each year thereafter, the City Manager shall prepare a report for the City Council identifying the balance of fees in the improvement projects' deposit account, the facilities constructed and the capital facilities to be constructed. In preparing the -3- report, the City Manager shall adjust the estimated cost of the public improvements in accordance with the Engineering Construction Cost Index as published by Engineering News Record for the elapsed time period from the previous July 1 or the date that the cost estimate was developed. The annual report shall also include a review of the administrative charge; and 1. The City Council shall review the report at a noticed public hearing and shall make findings identifying the purpose to which the existing fee balances are to be put and demonstrating a reasonable relationship between the fee and the purpose for which it is charged. P. The fees imposed herein shall be effective 60 days following adoption of this resolution. PASSED, APPROVED AND ADOPTED this 4th day of September, 1990. AYES: Commissioners Barnes, Burnham and Springer NOES: Commissioners Okun and Zika ABSENT: None , / ax ( Planning Commission C irperson ATTEST: -7-414Y- A! 4:77(dAIS Planning Director -4- • RECEIVED AUG 2 8 1990 MEMORANDUM DUBLIN PLANNING August 28,1990 TO: Lee Thompson City of Dublin FROM: David P.Othling SUBJECT: Traffic Impact Mitigation Fee for McDonald's This memo documents an analysis determining a traffic impact mitigation fee for the proposed 900 square foot expansion of the McDonald's fast food restaurant (PA 90-021). This fee reflects an update of the previous calculation based on trip generation data obtained from McDonald's, an updated daily traffic count along Dublin Boulevard and updated non-City source improvement funding. Approximately 208 square feet is to accommodate a bathroom and is not expected to increase traffic, so only the planned 692 square foot dining area expansion, including a total of 30 new seats, is assumed to generate additional traffic. The restaurant is located in the northwest quadrant of the intersection of Village Parkway and Dublin Boulevard at 7145 Dublin Boulevard in the City of Dublin. The project has a total of two existing right turn only access driveways,one each on Dublin Boulevard and Village Parkway. The addition of daily traffic due to the McDonald's expansion, plus other future development traffic, will require that the planned widening of Dublin Boulevard from four to six lanes between Donlon Way and Village Parkway be implemented at a total cost of$1,410,500,based on the current City of Dublin Capital Improvement Program. Approximately $679,593 will be funded by non-City sources so the difference of$730,907 is applicable to a traffic mitigation fee. Dublin Boulevard is projected to carry an average of 30,100 vehicles per day(vpd)in the year 2010. The existing(1990) average vpd on this road segment is 23,765. Thus,the increase is 6,335 vpd over existing volumes. Information provided by the McDonald's Corporation, based on a nationwide study of 25 McDonald's fast food restaurants being prepared by Barton-Aschman Associates, indicates that a McDonald's can be expected to generate 757 vehicle trip ends per 1,000 square feet on an average weekday. Therefore,the project expansion of 692 square feet can be expected to generate a maximum total of 524 vehicles. McDonald's also indicated that typically approximately 33 percent of the total vehicle generation are primary trips,directly to and from the project only. Based on this information,173 of the 524 total vehicles generated are primary trips with an assumed 60 percent of the 173 vehicles, or 104, traveling on Dublin Boulevard between Village Parkway and Donlon Way. The other 40 percent,or 69 vehicles,are oriented to Village Parkway and do not significantly impact other traffic improvement projects applicable to a mitigation fee. 4637 Chabot Drive,Suite 214,Pleasanton,California 94588•(415)463-0611 PLEASANTON•SACRAAIENIO•FRESNO•CONCORD A TTItGHM EN T D 1 Lee Thompson -2- August 28,1990 The 104 new project vehicles added to Dublin Boulevard equal 1.64 percent of the additional future traffic. Therefore, the project should be required to contribute 1.64 percent of the improvement costs applicable to the traffic mitigation fee or $11,987. Since the trip generation data used in this study is generally applicable to the construction of a new McDonald's, the actual daily vehicle generation of this expansion may be less than indicated,resulting in a lower mitigation fee. A vehicle count at the two McDonald's driveways during one average weekday of operation will be conducted prior to the expansion and not less that three months after completion to determine the actual additional vehicles generated due only to the expansion. cc: Ms.Carol Cirelli,City of Dublin ca 157-001