HomeMy WebLinkAboutReso 123-13 Single Policy Impact Fees RESOLUTION NO. 123 - 13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ESTABLISHING A SINGLE POLICY FOR EXEMPTIONS FOR THE EASTERN DUBLIN
TRAFFIC IMPACT FEE, DOWNTOWN DUBLIN TRAFFIC IMPACT FEE, PUBLIC FACILITIES FEE,
FIRE FACILITIES FEE AND NOISE FEE
WHEREAS, the City Council previously adopted Resolution 210-04 establishing the Downtown
Traffic Impact Fee; and
WHEREAS, the City Council previously adopted Resolution 1-95 establishing the Eastern
Dublin Traffic Impact Fee; and
WHEREAS, the City Council previously adopted Resolution 32-96 establishing the Public
Facilities Fee; and
WHEREAS, the City Council.adopted Resolution 37-97 establishing the Fire Facilities Fee;
and
WHEREAS, the City Council adopted Resolution 33-96 establishing the Noise Fee; and
WHEREAS, the resolutions above, and their successors, are referred to in this resolution as
the Fee Resolutions, and the above named fees shall hereinafter be referred to as the "Fees'; and
WHEREAS, in the interest of achieving a greater degree of uniformity across the Fees, the
City Council desires to adopt a common set of exemptions for the Fees.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin that,
notwithstanding anything to the contrary in the provisions of the Fees as adopted and as later
amended, the following provisions shall apply in the administration of the Fees:
Exemptions
1. Total Exemption. The following types of development will be exempt from the collection
of Fees:
a) Any alteration or addition to a residential structure, except to the extent that a
residential unit (e.g., second dwelling unit) is added to a single-family unit, or
another unit is added to an existing multi-family building.
b) Any replacement or reconstruction of an existing single-family residential
structure that has been destroyed or demolished. This exception shall not apply
to the extent that the replacement or reconstruction includes the addition of a
residential unit (e.g., second dwelling unit).
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c) Any replacement or reconstruction of an existing multi-family residential structure
that has been destroyed or demolished, provided that the building permit for
reconstruction is obtained within one year after the building was destroyed or
demolished. This exception shall not apply to the extent that the replacement or
reconstruction increases the number of residential units on the property.
d) Any replacement or reconstruction of an existing non-residential structure that
has been destroyed or demolished provided that the building permit for new
reconstruction is obtained within one year after the building was destroyed or
demolished. This exception shall not apply to the extent that the reconstructed
building would increase the destroyed or demolished building's impacts as
measured by the provisions for calculating the Fee contained in the Fee
Resolution.
e) Any addition to an existing non-residential structure that would not increase the
building's impacts as measured by the provisions for calculating the Fee
contained in the applicable Fee Resolution.
f) With respect to the Eastern Dublin Traffic Impact Fee only, retail uses within the
Eastern Dublin Transit Center and the Fairway Ranch High-Density Residential
Development, as these uses are considered ancillary to the adjoining residential
uses and will not generate outside vehicle trips.
g) The City Council, in its sole discretion, may waive the applicability of the Fee to
certain development constructed or to be constructed by a public entity on land
having an appropriate General Plan land use designation upon findings of the
City Council that such a waiver is in the interest of the public health, safety,
and/or welfare, for reasons specified in the findings. Such reasons may include,
but are not limited to, that the Fee, as it would apply to such development by a
public entity, will be sufficiently recovered in whole or in part from residential
development, the residents of which may constitute the primary users of the
public entity development.
2. Partial Exemption. A partial exemption may be granted based on prior Fees paid in the
situation of a change in the type of use as follows:
If within 10 years of paying the Fees for a specific development project, the
project is demolished and replaced by a new type of development, an exemption
may be given for up to the amount which was paid by the prior development
project. In the event that the replacement project would result in a lower Fee, the
new development shall not accrue any unused credit or reimbursement rights.
Any change in use outside of the 10 year period stated shall be obligated to pay
the entire Fee except to the extent that another exemption applies.
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PASSED, APPROVED AND ADOPTED this 16th day of July, 2013, by the following
vote:
AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
g, sze j,
Mayor
ATTEST:
6(4,0 C P W
City Clerk
Reso No. 123-13,Adopted 7-16-13, Item 4.10 Page 3 of 3