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HomeMy WebLinkAboutReso 11-12 Downtown TIF RESOLUTION NO. 11 -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* REVISING ADMINISTATIVE GUIDELINES RELATED TO THE DOWNTOWN TRAFFIC IMPACT FEE WHEREAS, the City Council has established a Traffic Impact Fee (TIF) applicable to development occurring in all areas west of Dougherty Road and the Iron Horse Trail, referred to as the "Downtown Area;" and WHEREAS, the Downtown TIF was adopted on October 19, 2004, via Resolution 210- 04; and WHEREAS, City Council previously adopted Resolution 211-04, Establishing the Downtown TIF Administrative Guidelines; and WHEREAS, the intent of the Guidelines is to provide procedures for reimbursement, credit, or other administrative aspects of the Downtown TIF Program; and WHEREAS, revisions to the Administrative Guidelines are necessary to provide greater flexibility to the Public Works Director to determine the trip generation rate calculations and to ensure language consistency between the Downtown TIF Administrative Guidelines and the Eastern Dublin TIF Administrative Guidelines; and WHEREAS, the revised Guidelines, as prepared, are consistent with the requirements of Resolution 211-04, as well as existing laws and regulations. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Dublin does hereby adopt the revised Downtown Traffic Impact Fee Administrative Guidelines attached hereto as Exhibit A and by reference made a part hereof to supersede all prior versions of the Guidelines. PASSED, APPROVED AND ADOPTED this 7th day of February, 2012, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenb.rand, Swalwell, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None rY . Of) J r 0p-~ Mayor ATT7jT: ~ ['f!~ City Clerk Reso No. 11-12, Adopted 2-7-12, Item 4.4 Page 1 of 1 CITY OF DUBLIN DOWNTOWN TRAFFIC IMPACT FEE ADMINISTRA TIVE GUIDELINES I. Introduction/OYen'iew These guidelines apply to the Downtown Traffic Impact Fees (hereafter known as the "Fee" or "Fees") adopted by the City of Dublin through Resolution 210-04 (hereafter "Resolution") and any subsequent replacement resolution. Terms used in these guidelines shall be defined in the same manner as such terms are defined in the Resolution. The administrative guidelines provide procedures for calculation of the Fee, calculation and use of credits and reimbmsements, and other administrative aspects of the Fee. The administrative guidelines establish the authority for providing credits and/or reimbursements to developers who construct and/or dedicate any of the improvements and facilities for which the Fee is imposed (TIF facilities). When such public improvements and facilities are constmcted and/or. dedicated by a developer, the developer shall be given a credit to be applied against the Fees due for the development project. The amount of the credit shaIl be determined pursuant to Section VI of these guidelines. If the amount of the credit is greater than the Fees due for the development project, the developer may use the credit toward the Fees for another development project or transfer the credit to another eligible developer in Downtown Dublin in accordance with these guidelines. If the developer cmmot use or transfer the credit before all of the TIF improvements are completed, then the credit will convert to a reimbmsement right, which will commence when all of the TIF improvements are completed The application of these guidelines will, at times, refer ,to various reference documents adopted by the City of Dublin. These documents include the City's General Plan, the Specific Plans, the most recent Traffic Impact Fee Study, and various other Downtown Downtown Trame Impact Fee Administrati ve Guidelines Page 2 fee studies and updates Su<.:h referen<.:e do<.:uments are sub)e<.:t to <.:hunge tmd may afJe<.:t the appli<.:ation of these guidelines II. Authorit). of Cit), Manager to Interpret Situations Not Covered Should situations arise not <.:overed by these guidelines: the City Manager wl11 have the authority to determine how the resolutions, ordinan<.:es, guidelines and agreements will be administered. Such interpretations by the City Manager will be in \vriting III. Fee Calculation Imposition of Fees Except as exempted under subse<.:tion "D" of tillS section, Fees are imposed on all development in Downtown Dublin as set fortil in Section "2" (T ranic Impact Fee Imposed) of tile Resolution incorporated in these guidelines by reference. The Administrative Services Department serves as tile lead department to gather and coordinate the information necessary to calculate the Fee. The Commurllty Development Department is responsible for deternllning the intended land use The Public Works Department is responsible for determining the number of vehicle trips assigned to the proJect Unless otilerwise provided, tile Fee will be collected with tile payment for tile building pennit for tile development project. Effectin Fees The Fees mved by a development proJect will be those in effect when the building permit is obtained. This section shall be applicable whether tile fees are paid in cash or a credit is used Downtown Traffic Impact Fee Administrati ve Guidelines Page 3 Basis for Calculating Fees The Fees for residential development projects \ivill be calculated based upon the per unit Fee for each of the categories noted in the Resolution (i.e., Low Density Residential, Medium Density Residential, Medium/High Density Residential, High Density Residential) and/or any subsequent replacement resolution. The Fees for non-residential development are calculated on a per average weekday vehicle trip basis The number of average weekday vehicle trips for. each type of development is determined by the land use categories specified in Exhibit D to the Resolution. However. if the Public Works Director determines that the land use of the development proiect is not appropriatel\! reflected in Exhibit D to the Resolution or thtit the intensity of the proposed land use is not consistent with the adopted land use categories in Exhibit D. then the Public Works Director will have the option of requiring a traffic anal\!sis or utilizing an existing, relevant stud\! for the pUf1)ose of determining the estimated trip generation of the proposed development proiect. The Public Works Director will require that an\! new traffic anal\!sis costs b\! borne b\! the applicant. Fees for non- residential development will be chamed for am addition to an existing building or structure if the addition exceeds 500 square teet.._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - For mixed-use development projects, involving residential and/or non-residential uses, the Community Development Director will detennine the projected percentage of each non-residential use at the time the Final Map or other appropriate entitlement is approved The Fee will be calculated on a pro-rata basis among the various rates stated for each different use As an example, If a large single building is divided betwe~n commercial office space and industrial warehouse space and the uses are lUlknown at the time of obtaining a building permit and the building pennit does not include adequate interior details to detennine the intended use, the use for the initial Fee calculation Deleted: However. ifthe Public: Works Dired,ol detenuines thatthe land use of the deYt~lopllle111 project i,':l not. specitically listed on Exhibit. D to t.he Resolllt1cm, then the Public Work:.: Director Will undert.ake a sr~cific tJaftic study, to be paid for by the applicant, for the purpose of delenll..inlng: the estimated trip generat.ion of the proposed development. project. Downtown Traffic Impact Fee Administrative Guidelines Page 4 purposes will be assumed as "Industrial without Retail." Any additional Fees owed as a result of a different final use of the property will be calculated and collected at the time that a building permit is issued for interior temmt Improvements. This fee calculation shall be at the rate in effect at the time the building permit for tenant improvements is Issued. No refund of Fees will be given if the resultlllg uses are different from the projected land use. The Fee for the residential portion of a mixed-use development project shall be based on the proposed number of units, in a manner similar to when the Fee is calculated for an exclusive residential development project The average \veekday trip generation rate for any land use, which is not appropriate Iv reflected f11~ Exhibit D t~) _t~l~ f._e::(~I~I~i\?I~,_ i:!.l~I~I~I~lg:J~l~ _n.?! !i:!.~i~e<l_ _ _ _ -{ Deleted: spccitknlly h,ted to, public/semi-public uses, shall be detennined by the Public Works Director. Affordable housing projects developed by government agencies and non-profit entities will be subject to the same Fees that are assessed on private residential development Exemptions Exemptions from the Fee will be given to certain development in Downtown Dublin as set forth in section "5" (Exemptions from Fee) of the Resolution incorporated in these guidelines by reference. IV. Fee Collection 1. Pa~'ment of Traffic Impact Fees for Non-Residential Development The Fee for non-residential development will be due and payable at the issuance of a building permit and will be collected by the Building & Safety Division. The number of estimated average weekday vehicle trips, determined as described in Section me, above, multiplied by the non-residential Fee per trip, will be the basis for the collected Fee. The square footage or other appropriate measure as Downtown Traffic Impact Fee Administrati ve Guidelines Page 5 identified on tile building permit will be the basis for detennining tile number of trips on Exhibit D to the Resolution. Following is an example Non-Residential Fee Example: Assume tiult the development pn~iect is a 15,540 square foot standard commercial office building. The estimated weekday vehicle trip generation rate for this type of development is 20 trips per 1,000 square feet, and fue Fee is $136 per trip for non-residential development FEE CALCULATION: 15,540 square feet/l ,000 square feet = 15.54 x 20 trips = 311 trips x $136 per trip = $42,296 Traffic Impact Fee. Amendments to a non-residential building permit which result in 500 additional square feet of operational space or more shall result in additional Fees O\ved based on tile added area. B. Pa)lUent of Traffic Impact Fees for Residential Development If the City incorporates tile Improvements described in the Resolution into its annually adopted long-tennCapital Improvement Program (CIP), tilen tile Fees for residential development will be due and payable at the issuance of a building permit Prior to tile incorporation of tilese facilities into the CIP, tile Fees will not be due until the dwelling is issued a Certificate of Occupancy. The developer may voluntarily pay fue full fee when the building pennit is issued or as otherwise appropriate under applicable law. C. Pa)lUent of Fees in Excess of $20,000 When tile amount of payment for Fees exceeds $20,000 on any given day, payment shall be made in one of tile following ways I) paid by check drawn on a bank witilin tile State of Califomia, 2) paid by cashier's check, or 3) if paid in same day funds by a wire transfer, tile wire transfer must be pre-arrangedwith the City's Finance Division. Downtmvn Traffic Impact Fee Administrati ve Guidelines Page 6 D. Pa~ment Records The Administrative Services Department will record the payment of the Fees. Records will be maintained to Cl11l1ply vvith refunding requirements as prescribed by State Law The Administrative Services DepartJ.nent will obtain a mailing address from each payee, as lvell as the applicnble Assessor's Parcel NlUnber, and will note the payee as the entity or person whose name appears as the applicant for the building permit The Finance Division will maintain the records for a period of twenty years from their collection, unless a legal mandate exists for. a longer retention. 2. Allotment of Developer Fee Credits The City understands the practicality of having developers constmct and/or contribute some of the TlF facilities described in the Resolution and any subsequent replacement resolution. For tiris reason, the City wiil allot fee credits against the collection of Fees for constmcting or contributing TlF facilities. A. Fee Credit / Reimbursement Agreement Required The allotment of fee credits and/or provision for a reimbursement will only occur in accordance Witil a written creditlreimbursement agreement between the City and the developer responsible for tile construction of the TlF facilities or dedication of TlF right of way. All fee credits will be granted by use of a standard agreement approved by the City Attornev. - - 2. Tlris credit/reimbursement agreement vvill be entered into at tile time the improvements are secured and/or tile right-of-way is accepted for dedication. The tenns of this agreement may, a't tile City's discretion, be included in the agreement entered into with tile City. to secure certain Downtown Traffic Impact Fee Administrative Guidelines Page 7 public improvements as contained on a Final Parcel Map or Final Subdivision Map. 3. The developer will pay an administrative fee, as established in the City's Master Fee Schedule, prior to the execution of the credit/reimbursement agreement The purpose of this administrative tee is to cover the administrative costs associated \vith establishing and monitoring the credit/reimbursement agreement 4. Any credits, which are unused before all of the TIF improvements are completed shall convert to a right to reimbursement The right to reimbursement will commence when all of the TIF improvements are completed. J. Neither a credit nor the right to reimbursement shall be increased for int1ation or accme interest 6. . Credits are transferable, with the written approval of the City Manager, provided the credit is transterred to a persoll/finll having a legal interest in real property within the area subject to the Fee and provided that the administrative transfer fee is paid, as specified in Section IXA of these guidelines. 7. The credit/reimbursement agreement will indicate that the developer has obtained a copy of these administrative guidelines and they were read and understood. VI. Calculating the Fee Credits A. General The fee credit/reimbursement agreement will identify the total credit for TIF facilities constructed or right of way dedicated for a particular development Downtown Traffic Impact Fee Administrative Guidelines Page 8 proleGt The Gontributed land or improvements must be the faGilities desGribed in the Resolution and/or any subsequent replacement resolution B. Determination of Value The Public Works Directonvill detenlline the value of the contributed t~lcilities based upon improvement plans submitted by the developer and approved by the City, \-vhidl plans shall quantify the size of the TIF faGilities to be constructed or dedicated. It is recognized that in some Gases the scope of construGtion or dedication will not exadly match the TIF faGilities shown in Attadullent B-I to Exhibit B to the Resolutioil and Exhibit C to the Resolution. The credits will be the lesser of the following: a) the estimated cost of the improvements as noted in the Resolution and/or any subsequent replacement resolution: or b) the pro-rated value of the improvement using the standard cost measmements in the Resolution and/or any subsequent replacement resolution. The Fee credits cannot exceed the cost estimates of the improvements in the most recent Fee study and resolution. In no case shall the fee Gredits include t~lcility financing costs. 1111lsrrorive Example 1:. Assun~e that a developer dedicates land for the partial widening of a major street to offset the Fees due from a development project. To qualify for a credit, this roadway widening projeGt must be included in the TIF. For eadl TIF improvement, the Resolution used the appropriate Gost measmement per square foot for right-of-vvay dediGation in calculating the TIF. The Fee Gredits due to the developer can be calculated by determining the square footage of the land to be dedicated multiplied by the proper square foot Gost measurement aftcr automatic aIll1ual adjustmcnts bascd on thc change in land acquisition costs. 1111lstrative Example 2: A Developer cimstructing mu1ti-t~lI11ily homes contributes tratlic signal improvements (TIF improvcmcnt) valucd at $100,000. Assume that Downtown Traffic Impact Fee Administrative Guidelines Page 9 the Fee totals $1,360 per dwelling unit. The credit of $100,000 will cover approximately 73.53 dwelling mllts. When the building pennit is issued for the 74th dwelling mllt, the developer vvill have used up the credit and will have to begin paying the Fee VII. Use of Fee Credits A Credits expire when used or when all of the TIF improvements are completed, whichever occurs first. B. In the event the fee credits are unused before all of the TIF improvements are completed, the fee credit shan convert to a reimbursement right as provided for lUlder Section X and XI of these guidelines. C The value of the credits will be listed in the agreement and tracked as they are used by the developer D. Only the developer who builds or dedicates the TIF facilities will be entitled to the original or initial credits, until such time as they may be transferred in accordance with these guidelines. Vill. Use of Fee Credits requires Completion of Facility or Performance Bonds Fee credits cannot be used by the developer until the developer has either: 1. Dedicated the land or improvements representing the credits to the City: or 2. Provided the City with a perfonnance bond and a labor and materials bond or other adequate security to insure that the improvements will be constructed prior to the first Certificate of Occupmlcy for any building that is part of the proJect. The perfonnance bond or other security shall be in an amount equal to 100% of the engineer's estimated cost to construct the improvements and the labor and Downtown Traffic Impact Fee . Administrative Guidelines Page I () materials bond shall be written by a surety licensed to conduct business in the State of Califomia and approved by the City Manager. Illustrative Example: Assume a developer is in the midst of completing certain street improvements, which \vill be dedicated to the City to offset a portion of the Fee. The developer supplies the City with a right-of-way conveyance, a perlormance bond and a labor and materials bond for the completion of the street improvements Fee credits can be used in advance of completing the improvements, since the City is assured that the land will be dedicated and the improvements will be completed. IX. Transferring of Credits A The original holder of credits can request a transfer of credits to a person owning an interest in property that is subJect to the TIF. Such transactions shall be subject to an administrative transfer fee, which shall cover the City's administrative costs associated \vith the credit transfer. The administrative transfer Fee is included in the Citv's Master Fee Schedule. B. There is no limit on the number of times that credits can be transferred between developments. X. Reimbursement Rights Reimbursement rights are created from the conversion of Fee credits, which occurs when all of the TIF improvements are completed Reimbursemerit will be only from flUlds collected as Downtmvn Traffic Impact Fees, and will not come from the City's General Fund. XI. Process for Reimbursement of Reimbursement Rights Within one vear after all TIF improvements are built, the Administrative Services Department will make an accounting of the TIF funds that are unspent as of the Downtown Traffic Impact Fee Administrati ve Guidelines Page 11 completion date of all the TIF improvements. The City will use the remaining funds that are unspent to reimburse holders of reimbursement rights for t~1cilities already contributed, if ,my such reimbursement rights exist Reimbursements will be made in order of creation of the credit/reimbursement agreements. XII. Other Miscellaneous Administratiye Guidelines A. Procedures for Construction of Designated Facilities by Developers The improvements to be constructed or dedicated must be submitted to and approved by the Public Works Director no later than 14 calendar days prior to the approval of the Final Map by the City Council on the development project The submittal of the improveri1ent plans and/or description of area to be dedicated shall be in sufficient detail as determined by the Public Works Director The developer constructing or dedicating improvements in lieu of paying a portion of the Fee must post a perfonnancebond before the issuance of any grading and/or building permits for the construction of the improvements. B. Refunds Refunds of vvithdrawn applications will be done in accordance with existing procedures for paid building permits. . Payable to entity making payment or property owner of record . Payable in accordance with State Law. . Not applicable to letters of credit, survey bonds or other mstruments taken to secure payment C. Annual Review of Fee Collection The City has existing procedures for complying with State L3\\' in regards to accounting for developer Fees. The Administrative Services Department will maintain records to provide the following items: Downtown Traffic Impact Fee Administrati ve Guidelines Page 12 . A brief description of the Fee~ . An identification of the improvements and the percentage of cost of the improvements ,vhich the Fee will be expended upon: and . For improvements ,vhich are funded and yet to be completed, an identification of an expected date by which construction of the facilities vvill commence. D. Funds and Accounting The City will incorporate the following items into its accounting procedures, which are the responsibility of the Administrative Services Department . The City willmaintam a separate fund for the collection and expenditure of Fees. . The City will allocate interest to Fees collected in the fund based upon month end cash balances. . The City will identify in accordance with State Law the beginning and ending balance of the funds held for the Fee as of fiscal year end. . The City will identify the amount of Fees collected and interest earned in each fiscal year for Fees. . The City will file an annual accounting of' all development impact fees, inc1udmg the Downtown trafflc Impact Fee, with the City Council and for public inspection within 180 days of each fiscal year end. xm. Guidelines for Issuing Trip Credits Credit will be issued for daily trips generated by an existing land use, or by the most recent land use if the site has been vacant for a period of three years or less prior to the date when a project application is filed with the City. Downtmvn Traffic Impact Fee Administrati ve Guidelines Page 13 A Fee shall be charged and paid for changes to existing land uses, businesses tUld/or tenants that require discretionary approval by the City (i.e. Site Development Review, Conditional Use Permit, Tentative Map, Rezoning, Specific Plan Amendment or adoption, General Plan Amendment), if the new use is expected to create a net increase of 100 trips or more during the AM or PM peak hour, after subtracting the credited trips AM or PM peak hour trips for existing and proposed land uses will be based upon trip generation rates obtained from ITE Trip Generation, SANDAG Tr4fic Generators, or other sources, as determined by the Public Works Director.