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HomeMy WebLinkAbout6.1 Fire, TIF, Public Fac Fee~~FDU~~r~ CITY CLERK 1~1 File # ^ 3^®® ®® -~ 8~ ~ ~ ~'~ \~/I T r...~.-~15~~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: ~{-a~- o~ SUBJECT: PUBLIC HEARING: Resolutions Revising the Public Facilities Fee, the Fire Facilities Impact Fee the Downtown Traffic Impact Fee to Include Second Units As a Separate Category of Residential Development and Establishing a Fee For Second Units For Each Fee Report Prepared by: John D. Bakker, City Attorney ATTACHMENTS: 1) Resolution Revising Dublin Public Facilities Fee to Include Second Units As a Separate Category of Residential Development and Establishing a Fee For Second Units including the following Exhibit: Exhibit 1: Revised Public Facilities Fee Schedule. 2) Resolution Revising Dublin Fire Facilities Impact Fee to Include Second Units As a Separate Category of Residential Development and Establishing a Fee For Second Units including the following Exhibit: Exhibit 1: Revised Fire Facilities Fee Schedule. 3) Resolution Revising Dublin Downtown Traffic Impact Fee to Include Second Units as a Separate Category of Residential Development and Establishing a Fee For Second Units including the following Exhibit: Exhibit 1: Revised Downtown Traffic Impact Fee Schedule. BACKGROUND DOCUMENTS: 1) General Plan (Updated to March 2008) (to be available at City Council 2) Eastern Dublin Specific Plan (Updated to March 4, 2008) meeting) 3) Resolution 214-02 Revising the Public Facilities Fee for Future Developments Within the City of Dublin, including all exhibits to the Resolution. 4) November 19, 2002 City Council Agenda Statement discussing Amendment to Public Facilities Fee. COPIES TO: Parties Requesting Notice of Fee Changes (List on file with City Clerk) ITEM NO. _~ f J,t 5) Resolution 12-03 Revising the Fire Facilities Fee for Future Developments Within the City of Dublin, including all exhibits to the Resolution. 6) February 4, 2003 City Council Agenda Statement discussing Amendment to Fire Facilities Fee. 7) Resolution 210-04 Revising the Downtown Traffic Impact Fee for Future Developments Within the City of Dublin, including all exhibits to the Resolution. 8) October 19, 2004 City Council Agenda Statement discussing Amendment to Downtown Traffic Impact Fee. RECOMMENDATION: 1) Open Public Hearing 2) Receive Staff Presentation 3) Receive Public Testimony 4) Close Public Hearing 5) Deliberate 6) Adopt the following Resolutions: 1) Resolution Revising the Public Facilities Fee to Include Second Units As a Separate Category of Residential Development and Establishing a Fee For Second Units; 2) Resolution Revising the Fire Facilities Impact Fee to Include Second Units As a Separate Category of Residential Development and Establishing a Fee For Second Units; and 3) Resolution Revising the Downtown Traffic Impact Fee to Include Second Units As a Separate Category of Residential Development and Establishing a Fee For Second Units. FINANCIAL STATEMENT: Fees collected are used to finance public facilities and improvements needed to reduce the impacts caused by development in Dublin. The Public Facilities Fee (PFF) was last revised in November, 2002, the Fire Facilities Fee (FFF) was last revised in February, 2003 and the Downtown Traffic Impact Fee (DTIF) was adopted in October, 2004. All three fees need to be updated to reflect the City's most recent estimates regarding the impact of second units, which are currently charged the same fee as single-family units for the PFF and the FFF, and the same fee as other developments with the same property density designation in the City of Dublin General Plan for the DTIF. DESCRIPTION: The Public Facilities Fee (PFF) was originally established in March 1996 and was revised in April 1999 and November 2002. The Fire Facilities Fee (FFF) was originally established in April 1997 and was revised in December 2000 and February 2003. The Downtown Traffic Impact Fee (DTIF) was originally established in October 2004. The Ordinance amending the Eastern Dublin Traffic Impact Fee, which was introduced by the City Council at its meeting on April 7, 2009, established a new definition and fee category for second units. Staff therefore recommends that the PFF, FFF and DTIF be updated to reflect this new category. Page 2 1)'~ Proposed Rates: The proposed PFF fee for second units is: $14,851 for second units in Eastern Dublin, $14,547 for second units in the Schaefer Ranch area of Western Dublin, and $10,509 for second units elsewhere in the City. The proposed FFF fee for second units is $~44. The proposed DTIF fee for second units is $1104. Public Facilities Fee The purpose of the PFF is to finance municipal public facilities to reduce the impacts caused by firture development in the City. Such facilities include acquisition and construction of neighborhood and community parks and community buildings. The PFF is imposed on both residential and non-residential development throughout the City, though the actual amount of the PFF varies depending on the location of the development. For residential development the PFF fee study, conducted in 2002, determined the total cost of constructing these facilities per new resident. The study also determined the average occupancy rates for single family residences and multi family residences. The amount of the fee is then determined by multiplying the per resident facilities cost by the average occupancy rates of these two residence types. A single family residence is estimated to have 3.2 occupants, while amulti-family residence is estimated to have 2 occupants. The current definitions of "multiple family" and "single family" residences are based on the land use density designation included in the City of Dublin General Plan. Thus, a person constructing a second unit attached to a single family residence would be required to pay the same fee as he or she would for a second single family residence. Because second units can be no larger than 1,000 square feet (Dublin Municipal Code, Chapter 8.80), the Community Development Director estimates that the number of occupants of a second unit will be similar to the number of occupants for amulti-family residence. Thus, staff recommends amending the resolution establishing the PFF to create a new "second unit'' residential category for the purposes of assessing the PFF, and establishing the amount of the fee to be imposed on such second units at the same amount imposed on multi-family units. The Community Development Director estimates that approximately 50 second units could be constructed within eastern Dublin, approximately 10 second units could be constructed in Schaefer Ranch, and approximately 10 second units could be constructed in the Downtown Dublin area, for a total of 70 second units. Since the second units are estimated to have two occupants each, this category would be required to account for the impact on the City's public facilities of 140 new residents. Depending on the facility type in question, and upon the region of the City requiring new facilities, the 2002 PFF fee study anticipated a service population build-out rg owth of about 34,360 residents citywide. Because 140 residents represents only 0.00407% of the total anticipated increase in residents, the impact of adding the second units as a separate category is de minimis, and does not trigger the need for new facilities nor a need to recalculate the amountof the PFF for all categories of residential uses as a result of this amendment. Fire Facilities Fee The purpose of the FFF is to finance the construction and purchase of the additional fire facilities and equipment that are required to serve new growth in the City while maintaining the service levels currently provided to both Dublin businesses and residents. Besides the fact that the amount of money needed to provide fire facilities and equipment is different, the FFF fee is calculated in the same manner as the PFF, and the definitions of single family and multi-family residences is likewise the same. Page 3 ~ ~j Because second units can be no larger than 1,000 square feet (Dublin Municipal Code, Chapter 8.80), the Community Development Director estimates that the number of occupants of a second unit will be similar to the number of occupants for amulti-family residence. Thus, staff recommends amending the resolution establishing the FFF to create a new ``second unit" residential category for the purposes of assessing the FFF, and establishing the amount of the fee to be imposed on such second units at the same amount imposed on multi-family units. As noted above, the Community Development Director estimates that approximately 70 second units could be constructed within Dublin. Since the second units are estimated to have two occupants each, this category would be required to account for the impact on the City's public facilities of 140 new residents. The 2003 FFF fee study anticipated a residential service population build-out rg owth of about 31,600 residents citywide. Because 140 residents represents only 0.00443% of the total anticipated increase in residents, the impact of adding the second units as a separate category is de minimis, and does not trigger the need for new fire facilities, nor does it require a recalculation of the amount of the FFF for all categories of residential uses as a result of this amendment. For the reasons described above, staff recommends amending the resolution establishing the FFF to create a new "second unit" residential category for the purposes of assessing the FFF, and establishing the amount of the fee to be imposed on such second units at the same amount imposed on multi-family units. Downtown Traffic Impact Fee The DTIF was established to finance roadway and other improvements needed to accommodate anticipated traffic increases due to growth in the Downtown Area. The fee is applied to new development in all areas west of Dougherty Road and the Iron Horse Trail. As with the other two fees discussed above, the DTIF fee was established by first determining the total costs of the improvements that will be required with new development in the Downtown Area. This cost is then used to determine the cost attributable to each weekly trip generated by new development. The fee study establishing the DTIF identified the average weekday trip generation of particular land use types, based on the land designation included in the General Plan and Village Parkway, Downtown Core and West Dublin BART Specific Plans. For residential land uses, the designations were broken down into "low density dwelling unit,'' `'medium density dwelling unit," "medium/high density dwelling unit" and "high density dwelling unit." Because second units can be no larger than 1,000 square feet (Dublin Municipal Code, Chapter 8.80), the Public Works Department estimates that the number of vehicle trips per day will be similar to the trips generated from high density dwelling units on property designated for over 25 units per acre, or six trips per day per unit. For this reason, staff recommends amending the resolution establishing the DTIF to create a new "second unit" residential category for the purposes of assessing the DTIF and establishing the amount of the fee to be imposed on such second units at the same amount imposed on multi-family units. As noted above, the Community Development Director estimates that approximately 10 second units could be constructed in Schaefer Ranch, which is encompassed by the DTIF, as well as 10 second units in Downtown Dublin, for a total of 20 anticipated second units. Since the second units are estimated to generate six trips each, this category would be required to account for the impact on the City's traffic infrastructure of 120 additional weekday trips. The 2004 DTIF fee study estimated that, based on current land use projections for build out conditions in downtown Dublin, development in the area would result in an increase of 38,885 daily trips. Because 120 trips represents only 0.00309% of the total anticipated weekday trips, the impact of adding the second units as a separate category is cue minimis, and does not Page 4 ~ (~ trigger the need for new traffic infrastructure or a recalculation of the amount of the DTIF for all categories of residential uses as a result of this amendment. New Fee Schedule Exhibits The original resolutions establishing the PFF, FFF and DTIF each contain provisions for automatic, annual adjustments of the fees. Each of the proposed resolutions before the City Council includes a provision replacing the fee schedule exhibits contained in the original resolutions with a new schedule that includes the fee amount for second units. The exhibits are otherwise the same as the original exhibits, except that the amounts of the fees in these exhibits have been adjusted reflect the current costs of the fees in light of the most recent automatic adjustment effective on July 1, 2008. Tri-Valley Transportation Development Fee and 580 Interchange Fee As a signatory of the Joint Exercise of the Powers Agreement establishing the Tri-Valley Transportation Development (TVTD) Fee, the City also assesses a TVTD fee. However, this fee may only be revised upon unanimous agreement of all the parties to the agreement. For this reason, staff is not recommending amendment of this fee to include second units at this time. In 1996, the City Council adopted Resolution No. 11-96 establishing a freeway interchange fee for future development in the Eastern Dublin area. The Interchange Fee was adopted following completion of a jointly funded study conducted in the 1980's by the City of Dublin and the City of Pleasanton. The Interchange Fee is intended to apportion responsibility for the funding of freeway interchange improvements necessitated by new development in both Dublin and Pleasanton. The fee was not effective until the two cities entered into a separate agreement for the collection and disbursement of the fee revenue. That agreement, dated October 20, 1998, establishes the amount of the fee and all other aspects of the fee. Accordingly, staff is not recommending amendment of this fee to include second units at this time. Environmental Analysis These amendments to the PFF, FFF and DTIF as they relate to development within the City of Dublin would simply modify fees intended to obtain funds for capital projects necessary to maintain services within existing services areas. As such, these Resolutions are not "projects" within the meaning of CEQA (Public Resource Code section 21080(b)(8)(D)). Conclusion In accordance with Government Code Sections 66016 and 66017, notice of this public hearing was mailed to those requesting such notice 14 days before this public hearing. Also in accordance with Government Code Sections 66016 and 66017, the Attachments to this Staff Report and the Background Documents (listed on page 1 of this Report) were made available for public review 10 days prior to this public hearing. The revised fees will be effective 60 days following adoption of the Resolutions. Page 5 ~ (~ Recommendation Staff recommends that the City Council conduct a public hearing, deliberate, and adopt the following resolutions: 1) Resolution Revising the Public Facilities Fee to Include Second Units As a Separate Category of Residential Development and Establishing a Fee For Second Units; 2) Resolution Revising the Fire Facilities Impact Fee to Include Second Units As a Separate Category of Residential Development and Establishing a Fee For Second Units; and 3) Resolution Downtown Traffic Impact Fee to Include Second Units As a Separate Category of Residential Development and Establishing a Fee For Second Units. 1197440.10 Page 6 ~ (,e /a~ /~ RESOLUTION NO. -09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RESOLUTION REVISING THE PUBLIC FACILITIES FEE TO INCLUDE SECOND UNITS AS A SEPARATE CATEGORY OF RESIDENTIAL DEVELOPMENT AND ESTABLISHING A FEE FOR SECOND UNITS WHEREAS, the City Council of the City of Dublin adopted Resolution No. 32-96 establishing a Public Facilities Fee, which Resolution was subsequently amended by City Council Resolution Nos. 60- 99 and 214-02; and WHEREAS, the City Council of the City of Dublin wishes to revise Resolution No. 214-02 to add a new definition for second units and to revise the fee schedule for the Public Facilities Fee; and WHEREAS, notice of the public hearing was provided as required by law. WHEREAS, the City Council does find as follows: A. The purpose of the Public Facilities Fee (hereafter "Fee") is to finance municipal public facilities to reduce the impacts caused by future development in the City. Resolution No. 214-02, including all attachments thereto, established the reasoning and methodology for the imposition of the fee, and is incorporated herein as if set forth in full_ The November 19, 2002 City Council Agenda Statement contained the factual basis for the findings included in Resolution 214-02 and is incorporated herein as if set forth in full. B. The Community Development Director of the City of Dublin estimates that approximately 50 second units could be constructed within Eastern Dublin, approximately 10 second units could be constructed in Schaefer Ranch in Western Dublin, and approximately 10 second units could be constructed in the Downtown Dublin area, for a total of 70 second units which would be subject to the Fee. The Community Development Director of the City of Dublin further estimates that second units will have two occupants each; as such, this category would be required to account for the impact on the City's public facilities of 140 new residents. Depending on the facility type in question, and upon the area of the City requiring new facilities, the 2002 Fee study anticipated a service population build-out growth of about 34,360 residents citywide. Because 140 residents represents only 0.00407% of the total anticipated increase in residents, the impact of adding the second units as a separate category is de minimus, and does not trigger the need for new facilities nor a need to recalculate the amount of the Fee for all categories as a result of this amendment. C. The purpose of the Fee is to obtain funds for capital projects necessary to maintain service within the existing services areas; that the City currently provides neighborhood and community park services, community and recreation facilities services, and civic center services; that the City and the Alameda County Library System currently provide library services; that the Fee will be used to maintain current services levels; and that second units are not currently included in the Fee as a separate residential use. As such, neither the Resolution nor the Fee as it relates to development within the City is a "project" within the meaning of CEQA (Public Resources Code § 21080(b)(8)(D)). 6J Y-ai-oy ~ ~ /D NOW THEREFORE, the City Council of the City of Dublin does RESOLVE as follows: 1. Anew Definition is added to Section 1 of Resolution 214-02 to read as follows: "Second Unit" shall mean a dwelling unit as defined in the Uniform Building Code (UBC) as adopted by the City of Dublin that is issued a building permit as a second unit pursuant to Dublin Municipal Code Chapter 8.80 (Second Unit Regulations) of the City of Dublin Zoning Ordinance. 2. The current Public Facilities Fee Schedule, attached to Resolution No. 214-02 as Exhibit C is hereby deleted, and a new Public Facilities Fee Schedule, attached hereto as Exhibit 1, is hereby added. 3. Effective Date This resolution shall become effective immediately. The Public Facilities Fee Schedule added by Section 2 of this resolution shall be effective sixty (60) days from the effective date of the resolution and shall supersede the Fee Schedule contained in established by Resolution No. 214-02 sixty (60) days from the effective date of the resolution. PASSED, APPROVED AND ADOPTED this day of , 2009. AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk 1197972.3 Mayor 2 CITY OF DUBLIN EXHIBIT C PUBLIC FACILITIES FEE Fee by Land Use Type and Area RESIDENTIAL (per Dwelling Unit) SINGLE MULTI- SECOND AREA FAMILY FAMILY UNIT Citywide Community Parks, Land 58,073 55,045 Community Parks, Improvements 4,381 2,739 Community Buildings 2,880 1,801 Libraries 1,134 709 Civic Center 346 215 Citywide Total Fee 516,814 510,509 Eastern Dub/in Neighborhood Parks, Land 54,562 52,851 Neighborhood Parks, Improvements 1,899 1,187 Aquatic Center 488 304 Subtotal 56,949 54,342 Citywide Costs 516,814 510,509 Eastern Dublin Costs 6,949 4,342 Eastern Dublin Total Fee 523,763 514,851 Western Dub/in Neighborhood Parks, Land 54,562 52,851 Neighborhood Parks, Improvements 1,899 1,187 Subtotal 56,461 54,038 Citywide Costs 516,814 510,509 Western Dublin Costs 6,461 4,038 Western Dublin Total Fee 523,275 514,547 2 ~ ~~ NON-RESIDENTIAL (per 1,000 Sq. Ft.) COMM'L OFFICE INDUSTR'L 55,045 51,149 52,230 5985 2,739 623 1,211 533 1,801 90 173 76 709 175 341 151 215 52 99 44 510,509 52,089 54,054 51,789 52,851 50 50 50 1,187 0 0 0 304 12 23 10 54,342 512 523 510 510,509 52,089 54,054 51,789 4,342 15 30 12 514,851 52,104 54,084 51,801 52,851 50 50 50 1,187 0 0 0 54,038 50 50 50 510,509 52,089 54,054 51,262 4,038 0 0 0 514,547 52,089 54,054 51,262 Exhibit 1 to Attachment 1 ~ ~ ~~ RESOLUTION NO. -09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RESOLUTION REVISING THE FIRE FACILITIES FEE TO INCLUDE SECOND UNITS AS A SEPARATE CATEGORY OF RESIDENTIAL DEVELOPMENT AND ESTABLISHING A FEE FOR SECOND UNITS WHEREAS, the City Council of the City of Dublin adopted Resolution No. 37-97 establishing a Fire Facilities Fee, which Resolution was subsequently amended by City Council Resolution Nos. 208-00 and 12-03; and WHEREAS, the City Council of the City of Dublin wishes to revise Resolution No. 12-03 to add a new definition for second units and to revise the fee schedule for the Fire Facilities Fee; and WHEREAS, notice of the public hearing was provided as required by law. WHEREAS, the City Council does find as follows: A. The purpose of the Fire Facilities Fee (hereafter ``Fee") is to finance municipal public facilities to reduce the impacts caused by future development in the City. Such facilities include the following: land acquisition and construction of two new fire stations, rolling stock and equipment for two new stations, other associated vehicles and equipment, administrative space, and improvements to existing facilities. Resolution No. 13-03, including all attachments thereto, established the reasoning and methodology for the imposition of the fee, and is incorporated herein as if set forth in full. The February 4, 2003 City Council Agenda Statement contained the factual basis for the findings included in Resolution 13-03 and is incorporated herein as if set forth in full. B. The Community Development Director of the City of Dublin estimates that approximately 50 second units could be constructed within Eastern Dublin, approximately 10 second units could be constructed in Schaefer Ranch in Western Dublin, and approximately 10 second units could be constructed in the Downtown Dublin area, for a total of 70 second units which would be subject to the Fee. The Community Development Director of the City of Dublin further estimates that second units will have two occupants each; as such, this category would be required to account for the impact on the City's public facilities of 140 new residents. The 2003 Fee study anticipated a residential. service population build-out growth of about 31,600 residents citywide. Because 140 residents represents only 0.00443% of the total anticipated increase in residents, the impact of adding the second units as a separate category is de minimis, and does not trigger the need for new fire facilities, nor does it require a recalculation of the amount of the Fee for all categories. C. The purpose of the Fee is to obtain funds for capital projects necessary to maintain service within the existing services areas; that the City currently provides fire protection and suppression services through a contractual relationship with the Alameda County Fire Department, which operates from three fire stations, two of which are located within the City limits; that the Fee will be used to maintain current services levels; and that second units are not currently included in the Fee as a separate residential use. As such, neither the Resolution nor the Fee as it relates to development within the City is a "project" within the meaning of CEQA (Public Resources Code § 21080(b)(8)(D)). ATTACH~YT z ~~; ~~ ~~ NOW THEREFORE, the City Council of the City of Dublin does RESOLVE as follows: 1. Anew Definition is added to Section 1 of Resolution 214-02 to read as follows: "Second Unit" shall mean a dwelling unit as defined in the Uniform Building Code (UBC) as adopted by the City of Dublin that is issued a building permit as a second unit pursuant to Dublin Municipal Code Chapter 8.80 (Second Unit Regulations) of the City of Dublin Zoning Ordinance. 2. The current Fire Facilities Fee Schedule, attached to Resolution No. 13-03 as Exhibit C is hereby deleted, and a new Public Facilities Fee Schedule, attached hereto as Exhibit 1, is hereby added. 3. Effective Date This resolution shall become effective immediately. The Fire Facilities Fee Schedule added by Section 2 of this resolution shall be effective sixty (60) days from the effective date of the resolution and shall supersede the Fee Schedule contained in established by Resolution No. 12-03 sixty (60) days from the effective date of the resolution. PASSED, APPROVED AND ADOPTED this day of , 2009. AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk 1197975.3 Mayor 2 (~ ~~ ~~ Exhibit C FIRE FACILITY FEE (By Land Use Type) USE TYPE RATE RESIDENTIAL Sin le Famil $870 er unit Multi-Famil $544 er unit Second Unit $544 er unit NON-RESIDENTIAL Commercial $0.131 er s uare foot Office $0.254 er s uare foot Industrial $0.112 er s uare foot 1218532.1 Exhibit 1 to Attachment 2 RESOLUTION NO. _ 09 ~ /~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RESOLUTION REVISING THE DOWNTOWN TRAFFIC IMPACT FEE TO INCLUDE SECOND UNITS AS A SEPARATE CATEGORY OF RESIDENTIAL DEVELOPMENT AND ESTABLISHING A FEE FOR SECOND UNITS WHEREAS, the City Council of the City of Dublin adopted Resolution No. 210-04 establishing a Downtown Traffic Impact Fee; and WHEREAS, the City Council of the City of Dublin wishes to revise Resolution No. 210-04 to add a new definition for second units and to revise the fee schedule for the Downtown Traffic Impact Fee; and WHEREAS, notice of the public hearing was provided as required by law. WHEREAS, the City Council does find as follows: A. The purpose of the Downtown Traffic Impact Fee (hereafter "Fee") is to finance municipal public facilities to reduce the impacts caused by future development in the City. Such facilities include the following: land acquisition and construction of two new fire stations, rolling stock and equipment for two new stations, other associated vehicles and equipment, administrative space, and improvements to existing facilities. Resolution No. 13-03, including all attachments thereto, established the reasoning and methodology for the imposition of the fee, and is incorporated herein as if set forth in full. The February 4, 2003 City Council Agenda Statement contained the factual basis for the findings included in Resolution 13-03 and is incorporated herein as if set forth in full. ; B. The Community Development Director of the City of Dublin estimates that approximately 10 second units could be constructed in Schaefer Ranch in Western Dublin, and approximately 10 second units could be constructed in the Downtown Dublin area, for a total of 20 second units which would be subject to the Fee. The Community Development Director of the City of Dublin further estimates that second units will generate six weekday trips each; as such, this category would be required to account for the impact on the City's public facilities of 120 additional weekday trips. residents. The 2004 Fee study estimated that 38,885 daily trips would be subject to the Fee. Because 120 trips represents only 0.00309% of the total anticipated weekday trips, the impact of adding the second units as a separate category is de minimis, and does not trigger the need for new traffic infrastructure or a recalculation of the amount of the Fee for all categories of residential uses as a result of this amendment. C. The purpose of the Fee is to obtain funds for capital projects necessary to maintain service within the existing services areas; that the City's transportation system is currently adequate for the existing level of development in the Downtown Area, based on the General Plan level of service standard; that the fee is used to maintain acceptable services levels with additional traffic from new development; and that second units are not currently included in the Fee as a separate residential use.' As such, neither the Resolution nor the Fee as it relates to development within the City is a "project" within the meaning of CEQA (Public Resources Code § 21080(b)(8)(D)). A9TAC~;NT 3 ~ ~~ ~~ NOW THEREFORE, the City Council of the City of Dublin does RESOLVE as follows: 1. The current definition of "Second Dwelling Unit" is hereby deleted, and a new definition for "Second Unit" is added to Section 1 of Resolution 214-02 to read as follows: "Second Unit" shall mean a dwelling unit as defined in the Uniform Building Code (UBC) as adopted by the City of Dublin that is issued a building permit as a second unit pursuant to Dublin Municipal Code Chapter 8.80 (Second Unit Regulations) of the City of Dublin Zoning Ordinance. 2. The current Downtown Traffic Impact Fee Schedule, attached to Resolution No. 210-04 as Exhibit D is hereby deleted, and a new Downtown Traffic Impact Fee Schedule, attached hereto as Exhibit 1, is hereby added. 3. Effective Date This resolution shall become effective immediately. The Downtown Traffic Impact Fee Schedule added by Section 2 of this resolution shall be effective sixty (60) days from the effective date of the resolution and shall supersede the Fee Schedule contained in established by Resolution No. 210-04 sixty (60) days from the effective date of the resolution. PASSED, APPROVED AND ADOPTED this day of , 2009. AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk 1197976.3 Mayor 2 Exhibit D DOWNTOWN TRAFFIC IMPACT FEE SCHEDULE Effective December 20, 2004 Residential Low Density Dwelling (up to 6 units per acre) $1,842/unit Medium Density Dwelling (6.1 - 14 units per acre) $1,842/unit Medium/High Density Dwelling (14.1 - 25 units per acre) $1,290/unit High Density Dwelling (more than 25 units per acre) $1,104/unit Second Unit $1,104/unit Non-Residential Development Other Than Residential $ 184/trip LAND USE ESTIMATED WEEKDAY VEHICLE (Non-Residential) TRIP GENERATION RATE* HOTEUMOTEL OR OTHER LODGING: 10/room OFFICE: Standard Commercial Office 20/1,000 sf RECREATION: Recreation Community Center 26/1,000 sf Health Club 40/1,000 sf Bowling Center 33/1,000 sf Golf Course 8/acre Tennis Courts 33/court Theaters: Movie 220/screen Live 0.2/seat Video Arcade 96/1,000 sf EDUCATION (Private Schools): 1.5/student HOSPITAL: General 12/bed Convalescent/Nursing 3/bed Urgent Care Clinic 24/1,000 sf CHURCH: 9/1,000 sf INDUSTRIAL: Industrial (with retail) 16/1,000 sf Industrial (without retail) 8/1,000 sf * Sources of information for Trip Generation Rates: Institute of Transportation Engineers (ITE) and San Diego Association of Governments (SANDAL). These trip generation rates are based on averages. Most retail uses are given a 35% pass-by reduction. Page 1 of 2 Exhibit 1 to Attachment 3 y~~~ Exhibit D DOWNTOWN TRAFFIC IMPACT FEE SCHEDULE Effective December 20, 2004 LAND USE )Non-Residential) RESTAURANT: Quality (leisure) Sit-down, high turnover Bar/Tavern Fast Food (without drive through) Fast Food (with drive through) AUTOMOTIVE: Car Wash: Automatic Self-Serve Gas Station with or without food mart Tire Store/Oil Change Store Auto Sales/Parts Store Auto Repair Center Truck Terminal FINANCIAL: Bank/Savings and Loan COMMERCIAL/RETAIL: Super Regional Shopping Center (More than 600,000 SF; usually more than 60 acres, with usually 3+ major stores) Regional Shopping Center (300,000 - 600,000 SF; usually 30 - 60 acres, w/usually 2+ major stores) Community or Neighborhood Shopping Center (Less than 300,000 sf; less than 30 acres w/usually 1 major store or grocery store and detached restaurant and/or drug store) Commercial Shops: Retail/Strip Commercial (no major store) Supermarket Convenience Market Discount Store ESTIMATED WEEKDAY VEHICLE TRIP GENERATION RATE (WITH PASS=6Y) 65/1,000 sf 104/1,000 sf 98/1,000 sf 285/1,000 sf 465/1,000 sf 585/site 70/wash stall 97/pump 28/service bay (no pass-bys) 48/1,000 sf (no pass-bys) 20/1,000 sf (no pass-bys) 80/acre 130/1,000 sf 22/1,000 sf 33/1,000 sf 46/1,000 sf 26/1,000 sf 98/1,000 sf 325/1,000 sf 46/1,000 sf Note: Land uses marked in BOLD will always pay at the individual trip rate as these uses tend to generate destination trips. Recreation, Restaurant, Financial and Commercial/Retail uses will pay at the individual trip rate if the site is a stand-alone land use; if the land use is part of a larger shopping center, the appropriate Shopping Center trip rate will apply. If the land use is part of a general office building (GOB) and is included on the list of GOB uses (per the Downtown TIF Resolution), then the Standard Commercial Office trip rate will apply. ~o ~ ~o Page 2 of 2 EXHIBIT 1