HomeMy WebLinkAbout6.2 EDublinTrffcIpct/AreaBnftFee
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CITY OF DUBLIN
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 27, 1994
SUBJECT:
Eastern Dublin Traffic Impact Fee/Area of Benefit Fee
Report by: Lee S. Thompson, Public Works Director
EXHIBITS ATTACHED:
/ 1. Proposed "Resolution Establishing a Traffic Impact Fee
and Area of Benefit Fee for Future Developments within
the Eastern Dublin Area" and Alternate Resolution without Area
of Benefit Fee
/2. Land Use Map (Figure 2b, General Plan - Eastern
Extended Planning Area) [Exhibit A to draft Resolution]
/3. Traffic Impact Fee Report by Barton-Aschman & Associates
(Nov. 1994) [Exhibit B to dmft Resolution]
I 4. Report of Roadway Costs by Santina & Thompson
(Exhibit C to draft Resolution)
15. Eastern Dublin Specific Plan, Chapter 5.0
! 6. Govenunent Code section 65913.2
/7. Memorandum dated November 29, 1994 (Senior
Planner to Director of Public Works)
! 8. Written Comments Received with Responses
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1. Open Public Hearing
2. Receive Staff Report and public comment
3. Close public hearing, determine value of protests (to
area of benefit fee only) and deliberate
4. Adopt Resolution Imposing Eastern Dublin Traffic
Impact Fee and Area of Benefit Fee or modify Resolution
to eliminate Area of Benefit Fee if majority protest received.
RECOMMENDATION:
FINANCIAL STATEMENT:
The cost of preparing the Eastern Dublin Traffic Impact
Fee report is included in the fee.
DESCRIPTION: The Eastern Dublin General Plan Amendment and Specific Plan
were adopted by the City in 1993. The General Plan Amendment (GPA) outlines future land use plans for
the approxi!11ately 4176-acre eastern Dublin sphere ofinflue1l-~e. Approximately 13,906 dwelling units
and 9.737 million square feet of commercial/office/industrial development are anticipated in the GP A
area, in addition to parks, open space and institutional uses. The Eastern Dublin Specific Plan (SP)
provides more specific detailed goals, policies and action programs for the approximately 3313-acre
portion of the GPA nearest the City. Approximately 2744 acres to the east of the City's sphere of
influence are designated on the Land Use Map (Exhibit 6) as "Future Study Area." The GPA does not
olutline future land uses in this area and this area was not considered in developing the Traffic Impact Fee.
A Ytm+gam Environmental Impact Report (EIR) was prepared for the GPA and SP (SCRNo. 91103064).
lhtEIfJt \W\$'t.entifieallby the City Councll on May 10.,1993. (resolution. 51-93).
chapter 5.CID 04f"llre:b,'l? adM$Sfsira1ffic, ~ Citculation. The existing roads are generally rural in
character 8IllIIl:adeqllD:tely serve existing development in the area which is rural residential. (EIR p.2-3.)
The transportation and circulation systems for the SP are designed to provide convenient access to and
mobility within the SP area. Chapter 5.0 describes the planned freeway, freeway interc~ange and road
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improvements necessary for implementation of the SP (SP, 5.1.2) and describes the road system which
was "designed to maximize the free flow of traffic by creating a highly interconnected system that
accommodates the movement of vehicles while enhancing opportunities for pedestrian and bicycle
circulation." (SP 5.2.1)
The road system is characterized by three major north-south and east-west streets to accommodate traffic
in the SP area. (SP 5.2.1) The north-south streets are Hacienda Drive, Tassajara Road and Fallon Road
and the east-west streets are Dublin Boulevard, the Transit Spine and Gleason Road. These streets are all
planned as major four- or six-lane streets to accommodate the SP development. Figure 5.1 from the SP
shows the major streets and their widths. Other streets necessary for development of the SP are local
roads which will be constructed by developers as they develop their properties. No fees are necessary to
provide for such roads.
The SP also identifies certain freeway improvements and interchange improvements necessary to
accommodate traffic to and from the SP area. (SP 5.2.12) The SP includes a policy (Policy 5-10) that
transit service should be provided within one-quarter mile of95 percent of the SP population. It also
establishes park-and-ride lots adjacent to freeway interchanges on the three north-south streets. (SP 5.7.2)
Finally, to encourage non-motorized forms of transportation, the SP provides for a network of pedestrian
trails (Policy 5-15) and bike paths (Policy 5-17 and Figure 5.3).
In analyzing the traffic impacts of the project, the EIR assumed that certain improvements would be
constructed and that development within the SP/GP A areas would pay its proportionate share ofthe cost
of such improvements. (EIR, page 3.3-16 to 3.3-18) The EIR also includes a number of mitigation
measures to mitigate the transportation-related impacts of the project. (EIR, page 3.3-19 to 3.3-29) These
mitigation measures were adopted by the City Council as part of the Mitigation Monitoring Program.
(Resolution No. 53-93)
The General Plan contains a policy that new development pay for infrastructure necessary to
accommodate the development. (2.104, Implementing Policy C) The SP contains a similar goal and
policy. (Policy 10-1, page 151)
The City Council adopted a Transportation Impact Fee ordinance at its December 12, 1994, meeting (Ord.
No. 14-94). This ordinance provides the authority for adoption of the proposed Eastern Dublin Traffic
Impact Fee.
The Council authorized the preparation of a study to determine the amount and method of apportioning
the fee. Barton-Aschman Associates has prepared a report (the "Report") which identifies the
transportation and traffic improvements which are required for development of the SP and GPA areas and
how the costs of the improvements should be allocated to different types of development.
A separate study was prepared by Santina & Thompson which provides estimates of the cost of
constructing the improvements which are included in Categories 1 and 2 of the Report. Barton-Aschman
Associates prepared the cost estimates for the Category 3 improvements as part of the Tri-Valley
Transportation Council study done by Barton-Aschman.
The purpose of the proposed Eastern Dublin Traffic Impact Fee (Fee) is to provide for transportation and
traffic improvements necessary for development of the SP/GPA areas. The Fee would be used to pay for
the needed traffic improvements and transportation measures to implement and develop the SP/GPA
areas. Development within the SP/GP A areas creates the need for the transportation and traffic
improvements identified in the Report.
The Report divides the required transportation improvements into three categories:
{'~~J (Oli Section I) improvements are those improvements within the SP area which are
.needed fur de\1\e:k1w~t of the SP and GP A areas. The Report concludes that development within
the SP/GPA areas should contribute 100% of the funding for these improvements. Because the
existing improvements within the SP/GP A area are adequate for existing development, there are
no "existing deficiencies" which must be funded by sources other than new development within
the area.
.'
Page 2.
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Categ:OJ:Y 2 (or Section II) improvements are those improvements located within Dublin which are
needed not only for the development of the SP/GPA areas but for other development within
Dublin and the surrounding areas. The Report calculated the SP /OP A's proportionate share of
these impm~ts.
categ:oty 3 (or Section III) improvements are improvements of a regional nature which are not
within Dublin but are needed for development of the SP/GPA areas as well as other development
within the Tri-Valley area. The Report calculates the SP/GPA's proportionate share of these
regional improvements.
Govenunent Code section 65913.2 requires the Council to consider the effect of an ordinance such as this
with respect to the housing needs of the region in which the City is located. This ordinance is one step in
the implementation of the Eastern Dublin Specific Plan which contemplates close to 13,906 dwelling
units at buildout, which will have a beneficial effect on the housing needs of the region.
The total cost of all improvements attributed to the SP/OP A areas is calculated to be $101,444,240. This
is broken down as follows:
Category 1 Improvements:
Category 2 Improvements:
Category 3 Improvements:
$ 71,911.500
$ 19,118,740 ,"
$ 10,414,000
The Report determined that development of the SP/GPA areas will generate 423,787 daily vehicle trips.
The Report concludes that "pass-by" trips account for 35% of certain retail trips, and therefore reduces the
daily vehicle trips to 346,525.
The Report compares the relationship between the total number of trips for residential development
(136,674) and non-commercial development less the 35% reduction (209,851) and concludes that
residential development's share of the total cost is $39,969,030 and the non-residential development's
share is $61,475,210.
The cost per trip is then determined to be:
Category 1 $ 208
Category 2 $ 55
Category 3 .$....JQ
Total: $ 293
The cost per unit for residential development is then calculated to be $3,355 for single-family and $2,350
for multi-family development.
Non-residential development results in a fee of $293 per trip. The number of trips for non-residential
development will be determined by the estimated weekday trip generation rates for different uses and
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types of development. The average trip generation rates are based on ITE (Institute of Transportation
Engineers) and San Diego Association Govenunent Trip Generation Rate data (see Exhibit 'E' to
resolution).
The fee for non-residential development would be payable at the time a building permit is issued.
Residential developers would pay the fee at the time of final inspection. When the Council includes the
improvements in its capital improvement program, the resolution can be amended to require residential
development to pay the fee at the time of building permit
Srtfff wi m<mitor the amount of fees collected, the cost of construction, the amount of development and
@ttlhm:'ndevamttlmonnmtion in order to return to the Council periodically for Council review of the amount
lvdoe diet. '7IIDe ammI1'ltimt ((jllffue fee would also be adjusted if the Council adopts a regional transportation
a":eretomm.'ended. by lhe Tn-Valley Transportation Council for regional improvements. Such a fee would
replace the Category 3 fee.
Page 3.
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The draft resolution would also impose an "area of benefit" fee. Ordinance No. 10-94, which was adopted
by the Council on October 24, 1994, authorizes the establishment of an "area of benefit" for the
construction of major thoroughfares and bridges unless written protests are received from owners of more
than. one-hcdfthe area. to, be benefited.
There are six. major thoroughfares in Eastern Dublin (Hacienda Drive, Tassajara Road, Fallon Road,
Dublin Boulevard, Transit Spine and Gleason Road) and three bridges. These improvements are included
within Category 1 (Section I) in the Barton-Aschman report and the imposition of the proposed Traffic
Impact Fee would duplicate an area of benefit fee for construction of such improvements. However,
because the Specific Plan calls for adoption of an area of benefit fee and to eliminate any doubt as to
validity of a traffic impact fee to pay for the construction of such improvements, Staff has drafted the
proposed resolution to satisfy both the procedural requirements for adoption of a fee under the
Transportation Impact Fee Ordinance (Ord. No. 14-94) and the Area of Benefit Ordinance (Ord. No. 10-
94).
The area of benefit fee will be less than the Traffic Impact Fee for Category 1 improvements because
other improvements are included within Category 1 which cannot be imposed by an area of benefit fee.
The area of benefit fee will be collected only in the event that the Traffic Impact Fee for the same
improvements is held to be legally invalid (see Section 11 of proposed resolution). This assures that there
is no duplication of fees.
Adoption of the Eastern Dublin Traffic Impact Fee and Area of Benefit Fee is consistent with the General
Plan and the Eastern Dublin Specific Plan. An initial study was prepared which concluded that the
adoption of the resolution is within the scope of the GPA/SP EIR, as the traffic improvements for which
the fee provides funding were all identified in the EIR as measures necessary to mitigate the impacts of
Eastern Dublin development.
Attached as Exhibit 8 are written comments and Staff responses to those comments that were received
when this agenda statement was prepared. Some of the comments were incorporated into the calculation
and administration of the Fee. Other comments would have required whole new studies and will be
revisited at the first update of the Fee.
Staff recommends that the Council conduct a public hearing, determine the value of protests (to the area
of benefit fee only), and adopt the draft resolution if insufficient protests are received, ill: if sufficient
protests are received, adopt the draft resolution without Section 10 (the area of benefit fee).
oli\og(f1lda.W!klrea/tJrfI
Page 4.
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RESOLUTION NO. ___-94
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
RESOLUTION ESTABLISHING A
TRAFFIC IMPACT FEE
AND AREA OF BENEFIT FEE FOR FUTURE DEVELOPMENTS WITHIN
THE EASTERN DUBLIN AREA
WHEREAS, the City Council of the City of Dublin has adopted
Ordinance No. 14-94 which creates and establishes the authority
for imposing and charging a Transportation Impact Feei and
WHEREAS, the Eastern Dublin General Plan Amendment ("GPA")
and Specific Plan ("SP") were adopted by the City in 1993i and
WHEREAS, the GPA outlines future land uses for approximately
4176 acres within the City'S eastern sphere of influence
including approximately 13,906 dwelling units and 9.737 million
square feet of commercial, office, and industrial developmenti
and
WHEREAS, the SP provides more specific detailed goals,
policies and action programs for approximately 3313 acres within
the GPA area nearest to the CitYi and
WHEREAS, the GPA and SP areas ("Eastern Dublin") are shown
on the Land Use Map contained in the GPA (attached hereto as
Exhibit A) and exclude the area shown on the Land Use Map as
"Future Study AreajAgriculture"i and
WHEREAS, a Program Environmental Impact Report ("EIR") was
prepared for the GPA and SP (SCH No. 91103604) and certified by
the Council on May 10, 1993 by Resolution No. 51-93, and two
1
EXHIBIT 1 (of Staff Report)
Resolution
Addenda dated May 4, 1993 and August 22, 1994 {"Addenda} have
been prepared and considered by the Council; and
WHEREAS, the SP, EIR and Addenda describe the freeway,
freeway interchange and road improvements necessary for
implementation of the SP, along with transit improvements,
pedestrian trails and bicycle paths; and
WHEREAS, the EIR and Addenda assumed that certain traffic
improvements would be made and that development within Eastern
Dublin would pay its proportionate share of such improvements;
and
WHEREAS, the City Council adopted a "Mitigation Monitoring
Program: Eastern Dublin Specific Plan/General Plan Amendment" by
Resolution No. 53-93 which requires development within Eastern
Dublin to pay its proportionate share of certain transportation
improvements necessary to mitigate impacts caused by development
within Eastern Dublin; and
WHEREAS, the SP, EIR and Addenda describe the impacts of
contemplated future development on existing public facilities in
Eastern Dublin through the year 2010, and contain an analysis of
the need for new public facilities and improvements required by
future development within Eastern Dublin; and
WHEREAS, a report was prepared for the City of Dublin by
Barton-Aschman Associates Inc., in a document dated November 1994
entitled "Traffic Impact Fee -- Eastern Dublin" {hereafter
"Study"}, which is attached hereto as Exhibit B; and
WHEREAS, a second report was prepared for the City of Dublin
by Santina & Thompson, in a document dated December 14, 1994
2
entitled "Report of Roadway Costs" (hereafter "Report"), which is
attached hereto as Exhibit C, and
WHEREAS, the Study and Report set forth the relationship
between future development in Eastern Dublin, the needed
improvements and facilities, and the estimated costs of those
improvements and facilities; and
WHEREAS, the Study and Report were available for public
inspection and review for ten (10) days prior to this public
hearing; and
WHEREAS, the City Council finds as follows:
A. The purpose of the Eastern Dublin Traffic Impact Fee
(hereafter "Fee") is to finance public improvements and
facilities needed to reduce the traffic-related impacts caused by
future development in Eastern Dublin. The public improvements
and facilities are listed in the Study under Sections I, II and
III and are hereafter defined and referred to as "Improvements
and Facilities". The Improvements and Facilities listed under
Section I are needed solely to accommodate new development
projected within Eastern Dublin. The Improvements and Facilities
listed under Section II are needed to accommodate new development
projected within Eastern Dublin and the nearby vicinity and
development within Eastern Dublin will pay its fair proportional
share of such Improvements and Facilities with the implementation
of this Fee. The Improvements and Facilities listed under
Section III ("Section III Improvements") are all necessary to
accommodate new development projected within the region by the
year 2010, including development within Eastern Dublin. However,
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if there later are changes in the projections and development in
the region, one or more of the Improvements and Facilities may
not be necessary and additional improvements and facilities may
be required. Such alternative improvements and facilities are
included in the definition of Improvement and Facilities to the
extent development in Eastern Dublin contributes to the need for
such improvements and facilities, and the proceeds of the Fee may
be used to fund such alternate improvements and facilities.
B. The fees collected pursuant to this resolution shall be
used to finance the Improvements and Facilities.
C. After considering the Study, the Report, the Agenda
Statement, the GPA, the SP, the General Plan, the EIR and
Addenda, all co~respondence received and the testimony received
at the noticed public hearings held on December 12 and 27, 1994
(hereafter the "record"), the Council approves and adopts the
Study and Report, and incorporates each herein, and further finds
that future development in Eastern Dublin will generate the need
for the Improvements and Facilities and the Improvements and
Facilities are consistent with the GPA, the SP and the City's
General Plan.
D. The adoption of the Fee is within the scope of the EIR
and Addenda. The Improvements and Facilities were all
identified in the EIR as necessary to accommodate traffic from
and/or to mitigate impacts of development in Eastern Dublin. The
impacts of such development, including the Improvements and
Facilities, were adequately analyzed at a Program level in the
EIR. Since the certification of the EIR there have been no
4
substantial changes in the projections of future development as
identified in the EIR, no substantial changes in the surrounding
circumstances, and no other new information of substantial
importance so as to require important revisions in the EIR's
analysis of impacts, mitigation measures, and alternatives.
Subsequent project-specific environmental review under CEQA of
the Specific Improvements and Facilities will be required before
any such Improvements and Facilities are approved. It is not
feasible to provide project specific environmental review of the
Improvements and Facilities at this stage, as they will be
implemented over at least a 20-year period and specific details
as to their timing and construction are not presently known.
E. The record establishes:
1. That there is a reasonable relationship between
the need for the Improvements and Facilities and the impacts of
the types of development for which the corresponding fee is
charged in that new development in Eastern Dublin -- both
residential and non-residential will generate traffic which
generates or contributes to the need for the Improvements and
Facilities; and
2. That there is a reasonable relationship between
the Fee's use (to pay for the construction of the Improvements
and Facilities) and the type of development for which the Fee is
charged in that all development in Eastern Dublin -- both
residential and non-residential generates or contributes to
the need for the Improvements and Facilities; and
5
3. That there is a reasonable relationship between
the amount of the Fee and the cost of the Improvements and
Facilities or portion thereof attributable to development in
Eastern Dublin in that the Fee is calculated based on the number
of trips generated by specific types of land uses, the total
amount it will cost to construct the Improvements and Facilities,
and the percentage by which development within Eastern Dublin
contributes to the need for the Improvements and Facilities; and
4. That the cost estimates set forth in the Study and
Report are reasonable cost estimates for constructing the
Improvements and Facilities, and the Fees expected to be
generated by future development will not exceed the projected
costs of constructing the Improvements and Facilities; and
5. The method of allocation of the Fee to a
particular development bears a fair and reasonable relationship
to each development's burden on, and benefit from, the
Improvements and Facilities to be funded by the Fee, in that the
Fee is calculated based on the number of automobile trips each
particular development will generate.
NOW THEREFORE, the City Council of the City of Dublin does
RESOLVE as follows:
1. Definitions
a. "Development" shall mean the construction,
alteration or addition of any building or structure within
Eastern Dublin.
b. "Eastern Dublin" shall mean all property
within the "General Plan Amendment Study Area" as shown on the
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Land Use Map (Exhibit A hereto) excepting the property designated
as "Future Study Area/Agriculture." The individual properties
within this area are listed on Exhibit D hereto by assessor's
parcel number.
c. "Improvements and Facilities" shall include
those transportation and transit improvements and facilities as
are described in Sections I, II and III of the Study and as
described in the Report, SP, EIR and Addenda. "Improvements and
Facilities" shall also include comparable alternative
improvements and facilities should later changes in projections
of development in the region necessitate construction of such
alternative improvements and facilities; provided that the City
Council later determines (1) that there is a reasonable
relationship between development within Eastern Dublin and the
need for the alternative improvements and facilities (2) that the
alternative improvements and facilities are comparable to the
improvements and facilities in the Study, and (3) that the
revenue from the Fee will be used only to pay Eastern Dublin
development's fair and proportionate share of the alternative
improvements and facilities.
d. Single Family Residential unit" shall mean a
dwelling unit as defined in the Uniform Building Code (UBC) as
adopted by the City of Dublin constructed or to be constructed on
property designated by the SP and GPA for one to 14 units per
acre.
e. "Multi-Family Residential Unit" shall mean
any dwelling unit which is not a Single Family Residential Unit.
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2. Traffic Impact Fee Imposed.
a. A Traffic Impact Fee ("Fee") shall be charged and
paid for each Single Family Residential Unit and each Multi-
Family Residential Unit within Eastern Dublin no later than the
date of final inspection for the unit.
b. A Fee shall be charged and paid for non-
residential buildings or structures within Eastern Dublin by the
date that the building permit is issued for such building or
structure, except where the building or structure will require a
later stage of discretionary approval by the City before it can
be occupied, in which case, with the approval of the Public Works
Director, the Fee for that building or structure may be deferred
for payment to the date the City makes the last discretionary
approval which is required prior to occupancy.
3. Amount of Fee.
a. The amount of the Fee shall be as set forth
on Exhibit E attached hereto and incorporated herein
4. Exemptions From Fee.
a. The Fee shall not be imposed on any of the
following:
(1) Any alteration or addition to a residential
structure, except to the extent that a
residential unit is added to a single family
residential unit or another unit is added to
an existing multi-family residential unit;
(2) Any replacement or reconstruction of an
existing residential structure that has been
8
destroyed or demolished provided that the
building permit for reconstruction is
obtained within one year after the building
was destroyed or demolished unless the
replacement or reconstruction increases the
square footage of the structure fifty
percent or more.
(3) 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 and the
reconstructed building would not increase
the destroyed or demolished building's trips
based on Exhibit E.
S. Use of Fee Revenues.
a. The revenues raised by payment of the Fee
shall be placed in the Capital Project Fund. Separate and
special accounts within the Capital Project Fund shall be used to
account for such revenues, along with any interest earnings on
each account. The revenues (and interest) shall be used for the
following purposes:
(1) To pay for design, engineering, right-of-
way acquisition and construction of the
Improvements and Facilities and reasonable
9
costs of outside consultant studies related
thereto;
(2) To reimburse the City for the Improvements
and Facilities constructed by the City with
funds from other sources including funds
from other public entities, unless the City
funds were obtained from grants or gifts
intended by the grantor to be used for
traffic improvements;
(3) To reimburse developers who have designed
and constructed Improvements or Facilities
which are oversized with supplemental size,
length, or capacity; and
(4) To pay for and/or reimburse costs of program
development and ongoing administration of
the Fee program.
b. Fees in these accounts shall be expended only
for the Improvements and Facilities and only for the purpose for
which the Fee was collected.
6. Miscellaneous
a. The standards upon which the needs for the
Improvements and Facilities are based are the standards of the
City of Dublin, including the standards contained in the General
Plan, GPA, SP, EIR, and Addenda.
b. The City Council determines that there are no
existing deficiencies within Eastern Dublin and that the need for
the Improvements and Facilities in Section I of the Study is
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generated entirely by new development within Eastern Dublin and,
further, that the need for the Improvements and Facilities in
Sections II and III of the Study is generated by new development
within Eastern Dublin and other new development and, therefore,
the Study has determined the proportionate share of the cost of
the Improvements and Facilities for which development within
Eastern Dublin is responsible.
7. periodic Review.
a. During each fiscal year, the City Manager
shall prepare a report for the City Council, pursuant to
Government Code section 66006, identifying the balance of fees in
each account.
b. Pursuant to Government Code section 66002,
the City Council shall also review, as part of any adopted
Capital Improvement Program each year, the approximate location,
size, time of availability and estimates of cost for all
Improvements and Facilities to be financed with the Fee. The
estimated costs shall be adjusted in accordance with appropriate
indices of inflation. The City Council 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.
8. Subsequent Analvsis of the Fee.
The Fee established herein is adopted and implemented
by the Council in reliance on the record identified above. The
City will continue to conduct further study and analysis to
determine whether the Fee should be revised. when additional
11
information is available, the City Council shall review the Fee
to determine that the amounts are reasonably related to the
impacts of development within Eastern Dublin. The City Council
may revise the Fee to incorporate the findings and conclusions of
further studies and any standards in the GPA, SP and General
Plan, as well as increases due to inflation and increased
construction costs.
9. Tri-Vallev Reqional Fee
The City has joined with other cities and counties in
the Tri-Valley area in a joint powers agreement to fund
preparation of a "Tri-Valley Transportation Plan" for the purpose
of addressing transportation issues through the year 2010 within
the Tri-Valley area. The "Tri-valley Transportation Council," an
advisory group consisting of elected representatives from each
jurisdiction, has circulated a "Tri-Valley Transportation
Plan/Action Plan for Routes of Regional Significance (Circulation
Draft)" dated August 1994 ("Action Plan") for comment. The
Action Plan indicates that further study is necessary of a
proposed regional transportation impact fee which would share
funding of regional transportation improvements among development
within the various jurisdictions. Because the Tri-Valley
Transportation Council has not yet developed a regional
transportation impact fee, the Study has analyzed Eastern
Dublin's proportionate share of responsibility for regional
improvements which is set forth in Section III of the Study. In
the event that a regional transportation impact fee is developed
by the Tri-Valley Transportation Council and adopted by the City,
12
the City Council will amend the portion of the Fee which is
attributable to Section III improvements.
10. Area of Benefit Fee.
A portion of the Fee shall also be deemed to be an Area of
Benefit Fee adopted pursuant to Ordinance No. 10-94. This is the
portion of the Fee designated for the construction of those
improvements and facilities identified in Section I of the Study
which are major thoroughfares or bridges. These improvements and
the estimated cost of such improvements are listed on Exhibit Ft
attached hereto. The "Area of Benefit" is Eastern Dublin as
defined herein. The fee shall be apportioned over the Area of
Benefit in the same manner set forth in section 3 of this
resolution and in the StudYt with the amount to be assessed for
residential and non-residential as shown on Exhibit F. The Area
of Benefit Fee shall be deposited into the City's Capital
Projects Fund into separate accounts established for each of the
improvements identified in Exhibit F.
11. Effective Date.
This resolution shall become effective immediately.
The Fee provided in Sections 2 and 3 of this resolution shall be
effective 60 days from the effective date of the resolution. The
Area of Benefit Fee established in Section 10 of this resolution
shall be effective only if the Fee provided in Sections 2 and 3
hereof is declared invalid for any reason.
12. Severability.
Each component of the Fee and all portions of this
resolution are severable. Should any individual component of the
13
Fee or other provision of this resolution be adjudged to be
invalid and unenforceable, the remaining provisions shall be and
continue to be fully effective, and the Fee shall be fully
effective except as to that portion that has been judged to be
invalid.
ADOPTED AND APPROVED this
the following vote:
day of
, 1994, by
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK
114\resol\50\reso.tif
14
.
RESOLUTION NO. ___-94
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
RESOLUTION ESTABLISHING A
TRAFFIC IMPACT FEE
FOR FUTURE DEVELOPMENTS WITHIN
THE EASTERN DUBLIN AREA
WHEREAS, the City Council of the City of Dublin has adopted
Ordinance No. 14-94 which creates and establishes the authority
for imposing and charging a Transportation Impact Feei and
WHEREAS, the Eastern Dublin General Plan Amendment ("GPA")
and Specific Plan ("SP") were adopted by th~ City in 1993i and
WHEREAS, the GPA outlines future land uses for approximately
4176 acres within the City's eastern sphere of influence
including approximately 13,906 dwelling units and 9.737 million
square feet of commercial, office, and industrial developmenti
and
WHEREAS, the SP provides more specific detailed goals,
policies and action programs for approximately 3313 acres within
the GPA area nearest to the CitYi and
WHEREAS, the GPA and SP areas ("Eastern Dublin") are shown
on the Land Use Map contained in the GPA (attached hereto as
Exhibit A) and exclude the area shown on the Land Use Map as
"Future Study Area/Agriculture"i and
WHEREAS, a Program Environmental Impact Report ("EIR") was
prepared for the GPA and SP (SCH No. 91103604) and certified by
the Council on May 10, 1993 by Resolution No. 51-93, and two
1
EXHIBIT 1 AL TERNA TE RESOLUTION
(Without Area of Benefit Fee)
Addenda dated May 4, 1993 and August 22, 1994 ("Addenda) have
been prepared and considered by the Councili and
WHEREAS, the SP, EIR and Addenda describe the freeway,
freeway interchange and road improvements necessary for
implementation of the SP, along with transit improvements,
pedestrian trails and bicycle pathsi and
WHEREAS, the EIR and Addenda assumed that certain traffic
improvements would be made and that development within Eastern
Dublin would pay its proportionate share of such improvementsi
and
WHEREAS, the City Council adopted a "Mitigation Monitoring
Program: Eastern Dublin Specific Plan/General Plan Amendment" by
Resolution No. 53-93 which requires development within Eastern
Dublin to pay its proportionate share of certain transportation
improvements necessary to mitigate impacts caused by development
within Eastern Dublini and
WHEREAS, the SP, EIR and Addenda describe the impacts of
contemplated future development on existing public facilities in
Eastern Dublin through the year 2010, and contain an analysis of
the need for new public facilities and improvements required by
future development within Eastern Dublini and
WHEREAS, a report was prepared for the City of Dublin by
Barton-Aschman Associates Inc., in a document dated November 1994
entitled "Traffic Impact Fee -- Eastern Dublin" (hereafter
"Study"), which is attached hereto as Exhibit Bi and
WHEREAS, a second report was prepared for the City of Dublin
by Santina & Thompson, in a document dated December 14, 1994
2
entitled "Report of Roadway Costsll (hereafter "Report"), which is
attached hereto as Exhibit C, and
WHEREAS, the Study and Report set forth the relationship
between future development in Eastern Dublin, the needed
improvements and facilities, and the estimated costs of those
improvements and facilities; and
WHEREAS, the Study and Report were available for public
inspection and review for ten (10) days prior to this public
hearing; and
WHEREAS, the City Council finds as follows:
A. The purpose of the Eastern Dublin Traffic Impact Fee
(hereafter "Fee") is to finance public improvements and
facilities needed to reduce the traffic-related impacts caused by
future development in Eastern Dublin. The public improvements
and facilities are listed in the Study under Sections I, II and
III and are hereafter defined and referred to as "Improvements
and Facilities". The Improvements and Facilities listed under
Section I are needed solely to accommodate new development
projected within Eastern Dublin. The Improvements and Facilities
listed under Section II are needed to accommodate new development
projected within Eastern Dublin and the nearby vicinity and
development within Eastern Dublin will pay its fair proportional
share of such Improvements and Facilities with the implementation
of this Fee. The Improvements and Facilities listed under
Section III ("Section III Improvements") are all necessary to
accommodate new development projected within the region by the
year 2010, including development within Eastern Dublin. However,
3
if there later are changes in the projections and development in
the region, one or more of the Improvements and Facilities may
not be necessary and additional improvements and facilities may
be required. Such alternative improvements and facilities are
included in the definition of Improvement and Facilities to the
extent development in Eastern Dublin contributes to the need for
such improvements and facilities, and the proceeds of the Fee may
be used to fund such alternate improvements and facilities.
B. The fees collected pursuant to this resolution shall be
used to finance the Improvements and Facilities.
C. After considering the Study, the Report, the Agenda
Statement, the GPA, the SP, the General Plan, the EIR and
Addenda, all correspondence received and the testimony received
at the noticed public hearings held on December 12 and 27, 1994
(hereafter the llrecordll), the Council approves and adopts the
Study and Report, and incorporates each herein, and further finds
that future development in Eastern Dublin will generate the need
for the Improvements and Facilities and the Improvements and
Facilities are consistent with the GPA, the SP and the City's
General Plan.
D. The adoption of the Fee is within the scope of the EIR
and Addenda. The Improvements and Facilities were all
identified in the EIR as necessary to accommodate traffic from
and/or to mitigate impacts of development in Eastern Dublin. The
impacts of such development, including the Improvements and
Facilities, were adequately analyzed at a Program level in the
EIR. Since the certification of the EIR there have been no
4
substantial changes in the projections of future development as
identified in the ErR, no substantial changes in the surrounding
circumstances, and no other new information of substantial
importance so as to require important revisions in the EIR's
analysis of impacts, mitigation measures, and alternatives.
Subsequent project-specific environmental review under CEQA of
the Specific Improvements and Facilities will be required before
any such Improvements and Facilities are approved. It is not
feasible to provide project specific environmental review of the
Improvements and Facilities at this stage, as they will be
implemented over at least a 20-year period and specific details
as to their timing and construction are not presently known.
E. The record establishes:
1. That there is a reasonable relationship between
the need for the Improvements and Facilities and the impacts of
the types of development for which the corresponding fee is
charged in that new development in Eastern Dublin -- both
residential and non-residential will generate traffic which
generates or contributes to the need for the Improvements and
Facilities; and
2. That there is a reasonable relationship between
the Fee's use (to pay for the construction of the Improvements
and Facilities) and the type of development for which the Fee is
charged in that all development in Eastern Dublin -- both
residential and non-residential generates or contributes to
the need for the Improvements and Facilities; and
5
3. That there is a reasonable relationship between
the amount of the Fee and the cost of the Improvements and
Facilities or portion thereof attributable to development in
Eastern Dublin in that the Fee is calculated based on the number
of trips generated by specific types of land uses, the total
amount it will cost to construct the Improvements and Facilities,
and the percentage by which development within Eastern Dublin
contributes to the need for the Improvements and Facilities; and
4. That the cost estimates set forth in the Study and
Report are reasonable cost estimates for constructing the
Improvements and Facilities, and the Fees expected to be
generated by future development will not exceed the projected
costs of constructing the Improvements and Facilities; and
S. The method of allocation of the Fee to a
particular development bears a fair and reasonable relationship
to each development's burden on, and benefit from, the
Improvements and Facilities to be funded by the Fee, in that the
Fee is calculated based on the number of automobile trips each
particular development will generate.
NOW THEREFORE, the City Council of the City of Dublin does
RESOLVE as follows:
1. Definitions
a. "Development" shall mean the construction,
alteration or addition of any building or structure within
Eastern Dublin.
b. "Eastern Dublin" shall mean all property
within the "General Plan Amendment Study Area" as shown on the
6
Land Use Map (Exhibit A hereto) excepting the property designated
as "Future Study Area/Agriculture." The individual properties
within this area are listed on Exhibit D hereto by assessor's
parcel number.
c. "Improvements and Facilities" shall include
those transportation and transit improvements and facilities as
are described in Sections I, II and III of the Study and as
described in the Report, SP, EIR and Addenda. "Improvements and
Facilities" shall also include comparable alternative
improvements and facilities should later changes in projections
of development in the region necessitate construction of such
alternative improvements and facilities; provided that the City
Council later determines (1) that there is a reasonable
relationship between development within Eastern Dublin and the
need for the alternative improvements and facilities (2) that the
alternative improvements and facilities are comparable to the
improvements and facilities in the Study, and (3) that the
revenue from the Fee will be used only to pay Eastern Dublin
development's fair and proportionate share of the alternative
improvements and facilities.
d. Single Family Residential Unit" shall mean a
dwelling unit as defined in the Uniform Building Code (UBC) as
adopted by the City of Dublin constructed or to be constructed on
property designated by the SP and GPA for one to 14 units per
acre.
e. "Multi-Family Residential Unit" shall mean
any dwelling unit which is not a Single Family Residential Unit.
7
2. Traffic Impact Fee Imposed.
a. A Traffic Impact Fee ("Fee") shall be charged and
paid for each Single Family Residential Unit and each Multi-
Family Residential Unit within Eastern Dublin no later than the
date of final inspection for the unit.
b. A Fee shall be charged and paid for non-
residential buildings or structures within Eastern Dublin by the
date that the building permit is issued for such building or
structure, except where the building or structure will require a
later stage of discretionary approval by the City before it can
be occupied, in which case, with the approval of the Public Works
Director, the Fee for that building or structure may be deferred
for payment to the date the City makes the last discretionary
approval which is required prior to occupancy.
3. Amount of Fee.
a. The amount of the Fee shall be as set forth
on Exhibit E attached hereto and incorporated herein
4. Exemptions From Fee.
a. The Fee shall not be imposed on any of the
following:
(1) Any alteration or addition to a residential
structure, except to the extent that a
residential unit is added to a single family
residential unit or another unit is added to
an existing multi-family residential unit;
(2) Any replacement or reconstruction of an
existing residential structure that has been
8
destroyed or demolished provided that the
building permit for reconstruction is
obtained within one year after the building
was destroyed or demolished unless the
replacement or reconstruction increases the
square footage of the structure fifty
percent or more.
(3) 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 and the
reconstructed building would not increase
the destroyed or demolished building's trips
based on Exhibit E.
5. Use of Fee Revenues.
a. The revenues raised by payment of the Fee
shall be placed in the Capital Project Fund. Separate and
special accounts within the Capital Project Fund shall be used to
account for such revenues, along with any interest earnings on
each account. The revenues (and interest) shall be used for the
following purposes:
(1) To pay for design, engineering, right-of-
way acquisition and construction of the
Improvements and Facilities and reasonable
9
costs of outside consultant studies related
thereto;
(2) To reimburse the City for the Improvements
and Facilities constructed by the City with
funds from other sources including funds
from other public entities, unless the City
funds were obtained from grants or gifts
intended by the grantor to be used for
traffic improvements;
(3) To reimburse developers who have designed
and constructed Improvements or Facilities
which are oversized with supplemental size,
length, or capacity; and
(4) To pay for and/or reimburse costs of program
development and ongoing administration of
the Fee program.
b. Fees in these accounts shall be expended only
for the Improvements and Facilities and only for the purpose for
which the Fee was collected.
6. Miscellaneous
a. The standards upon which the needs for the
Improvements and Facilities are based are the standards of the
City of Dublin, including the standards contained in the General
Plan, GPA, SP, EIR, and Addenda.
b. The City Council determines that there are no
existing deficiencies within Eastern Dublin and that the need for
the Improvements and Facilities in Section I of the Study is
10
generated entirely by new development within Eastern Dublin and,
further, that the need for the Improvements and Facilities in
Sections II and III of the Study is generated by new development
within Eastern Dublin and other new development and, therefore,
the Study has determined the proportionate share of the cost of
the Improvements and Facilities for which development within
Eastern Dublin is responsible.
7. periodic Review.
a. During each fiscal year, the City Manager
shall prepare a report for the City Council, pursuant to
Government Code section 66006, identifying the balance of fees in
each account.
b. Pursuant to Government Code section 66002,
the City Council shall also review, as part of any adopted
Capital Improvement Program each year, the approximate location,
size, time of availability and estimates of cost for all
Improvements and Facilities to be financed with the Fee. The
estimated costs shall be adjusted in accordance with appropriate
indices of inflation. The City Council 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.
8. Subsequent Analvsis of the Fee.
The Fee established herein is adopted and implemented
by the Council in reliance on the record identified above. The
City will continue to conduct further study and analysis to
determine whether the Fee should be revised. When additional
11
information is available, the City Council shall review the Fee
to determine that the amounts are reasonably related to the
impacts of development within Eastern Dublin. The City Council
may revise the Fee to incorporate the findings and conclusions of
further studies and any standards in the GPA, SP and General
Plan, as well as increases due to inflation and increased
construction costs.
9. Tri-Vallev Reqional Fee
The City has joined with other cities and counties in
the Tri-Valley area in a joint powers agreement to fund
preparation of a "Tri-Valley Transportation Plan" for the purpose
of addressing transportation issues through the year 2010 within
the Tri-Valley area. The "Tri-Valley Transportation Council," an
advisory group consisting of elected representatives from each
jurisdiction, has circulated a "Tri-Valley Transportation
Plan/Action Plan for Routes of Regional Significance (Circulation
Draft)" dated August 1994 ("Action Plan") for comment. The
Action Plan indicates that further study is necessary of a
proposed regional transportation impact fee which would share
funding of regional transportation improvements among development
within the various jurisdictions. Because the Tri-Valley
Transportation Council has not yet developed a regional
transportation impact fee, the Study has analyzed Eastern
Dublin's proportionate share of responsibility for regional
improvements which is set forth in Section III of the Study. In
the event that a regional transportation impact fee is developed
by the Tri-Valley Transportation Council and adopted by the City,
12
the City Council will amend the portion of the Fee which is
attributable to Section III improvements.
10. Effective Date.
This resolution shall become effective immediately.
The Fee provided in Sections 2 and 3 of this resolution shall be
effective 60 days from the effective date of the resolution.
11. Severability.
Each component of the Fee and all portions of this
resolution are severable. Should any individual component of the
Fee or other provision of this resolution be adjudged to be
invalid and unenforceable, the remaining provisions shall be and
continue to be fully effective, and the Fee shall be fully
effective except as to that portion that has been judged to be
invalid.
ADOPTED AND APPROVED this
the following vote:
day of
, 1994, by
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK
114\resol\50\2reso.tif
13
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