HomeMy WebLinkAboutOrd 01-95 Noise Mitigation FeeORDINANCE NO. 1 - 95
AN ORDINANCE OF THE CITY OF DUBLIN
ADDING CHAPTER 5.112 TO THE
DUBLIN MUNICIPAL CODE ESTABLISHING A
NOISE MITIGATION FEE FOR FUTURE
DEVELOPMENTS WITHIN THE CITY OF DUBLIN
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1.
Chapter 5.112 is added to the Municipal Code of the City of
Dublin to read as follows:
"Section 5.112.010 Purpose
In order to implement the goals and objectives of the
City of Dublin's ("City") General Plan and the Eastern
Dublin Specific Plan and to mitigate the impacts
caused by future development in the City, certain
noise mitigation measures must be implemented. The
City Council has determined that a noise mitigation
fee is needed in order to implement these noise
mitigation measures and to pay for each develOpment's
fair share of the implementation costs of the
necessary noise mitigation measures. In establishing
the fee described in the following sections, the City
Council has found the fee to be consistent with its
General Plan and the above Specific Plan, and-
pursuant to Government Code § 65913.2, has considered
the effects of the fee with respect to the City's
housing needs as established in the Housing Element of
the General Plan."
"Section 5.112.020 Noise Mitiqation Fee Established
A. A Noise Mitigation Fee ("Fee") is hereby
established to pay for noise mitigation measures
necessary to mitigate cumulative impacts identified in
the Eastern Dublin General Plan Amendment and Specific
Plan Environmental Impact Report (SCH No. 91103064).
B. The City Council s-hall, in a Council resolution or
resolutions adopted after a duly noticed public
hearing, set forth the amount of the Fee, describe the
benefit and impact area on which the Fee is imposed,
list the noise mitigation measures to be financed,
describe the estimated cost of these measures, and
describe the reasonable relationship between the Fee
and the various types of future developments and set
forth time for payment."
"Section 5.112.030 Use of Fee Revenues
A. The revenues raised by payment of the Fee shall be
accounted for in the City's Capital Project Fund
("Fund"). Separate and special accounts within the
fund shall be used to account for revenues, along with
any interest earnings on such account. These monies
shall be used for the following purposes:
(i) To pay for design, engineering, right-of-way
acquisition and construction of noise mitigation
measures designated in the Council resolution and
reasonable costs of outside consultant studies related
thereto;
(ii) To reimburse the City for designated noise
mitigation measures constructed by the City with funds
(other than gifts or grants) from other sources
together With accrued interest;
(iii) To reimburse developers who have designed and
constructed designated noise mitigation measures which
have a value in excess of the amount of the Fee
payable; and/or
(iv) To pay for and/or reimburse costs of program
development and ongoing administration of the Noise
Mitigation Fee Program."
"Section 5.112.040 Developer Construction of Facilities
If a developer is required, as a condition of approval
of a permit, to construct an improvement that has been
designated to be financed with Noise Mitigation Fees
and if the improvement has a value in excess of that
needed to mitigate the impacts of the development, a
reimbursement agreement with the developer and a
credit against the Fee otherwise levied by this
ordinance on the development project shall be offered
by the City. The reimbursement amount shall not
include the portion of the improvement needed to
mitigate the burdens created by the development."
"Section 5.112.050 Administration Guidelines
The City Council may, by resolution, adopt
Administrative Guidelines to provide procedures for
the calculation, reimbursement, credit or deferred
payment and other administrative aspects of the Noise
Mitigation Fee."
Section 2.
This ordinance was adopted at a noticed public hearing, for
which notice was given pursuant to Government Code § 6062a.
Section 3. Effective Date and Posting.
This Ordinance shall take effect and be in force thirty
(30) days from and after the date of its passage. The City
Clerk of the City of Dublin shall cause this ordinance to
be published or to be posted in at least three (3) public
places in City in accordance with Section 36933 of the
Government Code of the State of California.
PASSED, APPROVED AND ADOPTED by the City Council of
the City of Dublin on this 9th' day of January , 1995,
by vote as follows:
AYES:
NOES:
Councilmembers Barnes, Burton, Howard, Moffatt
and Mayor Houston
None
ABSENT: None
ABSTAIN: None
MAYOR
ATTEST:
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