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HomeMy WebLinkAbout6.2 MitigationMonitorFee ~-, ! CITY CLERK File # D631@1[Q]-[gJri] . AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 17, 1998 SUBJECT: PUBLIC HEARING: Establishment of Eastern Dublin Specific Plan and Mitigation Monitoring Program Implementation Fee 'f-'(Report Prepared by Carol R. Cirelli, Senior Planner and Fred Marsh, Finance Manager) EXIDBITS ATTACHED: A. Section 65456 (a) California Government Code B. Eastern Dublin Specific Plan/EIR Mitigation Monitoring Implementation Costs c. Resolution Establishing Implementation Fees D. Letter dated January 21, 1998 to Eastern Dublin Specific Plan Property Owners Explaining the Proposed Fee ~vP 1) 2) 3) 4) 5) Open public hearing and hear staff presentation. Take testimony from the public. Question staff and the public. Close the public hearing and deliberate. Adopt Resolution establishing implementation fees for the Eastern Dublin Specific Plan and EIR Mitigation Monitoring Program. . RECOMMENDATION: FINANCIAL STATEMENT: A fee has been proposed which will reimburse the City for the cost of implementing the Specific Plan, including estimated future costs of $270,272. The costs include approximately $195,030 already expended plus estimated future costs $75,242 for a total of $270,272. BACKGROUND: The City adopted the Eastern Dublin General Plan Amendment and Specific Plan on May 10, 1993. The approval was subject to a voter referendum, where the Dublin voters upheld the project on November 2, 1993. Since then, the City has advanced funds from the General Fund to cover the costs of administering the Eastern Dublin Specific Plan and implementing the Plan's action programs and the EIR mitigation measures, until a fee could be developed and implemented to recover these costs. In accordance with Section 65456 (a) of the California Government Code (Exhibit A), the City has the ability to impose a specific plan fee for persons seeking governmental approvals that are required to be consistent with the specific plan. This fee can be established for covering the cost of preparing, adopting . and administering, or implementing the specific plan. In addition, the Eastern Dublin Specific Plan contemplated the establishment of such a fee. ------------------------------------------------------------------- COPIES TO: In-House Distribution ITEMNO.~ G:\EDUBLIN\SPLNlMPL\CCSR2.DOC , . In order to assure that the City fee schedule is in conformance with the Specific Plan it is necessary to . adopt a fee for the monitoring and implementation of the Plan. In November of 1994, the City Council established and adopted the Eastern Dublin Specific Plan Preparation Fee. This fee recovers the cost of preparing and adopting the Specific Plan plus accrued interest. Eastern Dublin property owners must pa. this fee at the time that an application for a Land Use and Development Plan, or Planned Developmen (PD) District Zoning is submitted. The action currently under consideration is the fee owed for implementing and administering the specific plan. This fee will allow the City to take measures to ensure that new development in Eastern Dublin will not drain existing City resources, as discussed in the fmancing section of the Specific Plan (Exhibit A). Fee Required By Eastern Dublin Specific Plan Resolution In addition to Government Code Section 65456, the resolution approving the Eastern Dublin Specific Plan (Resolution No. 53-93) includes a finding directing the establishment of fees for recovering the Specific Plan preparation, adoption and administration costs. As previously noted a fee to recover the preparation and adoption costs has already been adopted by the City CounciL The resolution includes another finding directing that applicants seeking land use approvals in the Specific Plan area shall pay their pro rata share of all costs associated with the implementation of the EIR mitigation monitoring program. The applicable sections from the Resolution adopting the Eastern Dublin Specific Plan (No. 53-93) read as follows: BE IT FURTHER RESOLVED THAT the Dublin City Council does hereby direct that the Applicants for land use approvals in the Specific Plan area shall pay their pro rata share of all costs associated with the implementation of the Mitigation Monitoring Program. BE IT FURTHER RESOLVED THAT the Dublin City Council does hereby direct that all fees. established pursUant to Government Code Section 65456, to recover costs of preparation of the Specific Plan, shall include the cost of preparation, adoption and administration of the Specific Plan. Methodology The applicable section of the Government Code Section 65456 requires that the fee charged be prorated among the affected properties. The legislation recognizes that the cost expended on the Eastern Dublin Specific Plan should result in a savings to the property owner, by reducing the cost of documenting environmental consequences and advocating changed land uses, which may be authorized pursuant to the specific plan. In accordance with the law the costs as estimated cannot exceed the cost of administering the Specific Plan. As shown in detail in Exhibit B, staff allocated an estimated total of $270,272 in expenses for implementing the Specific Plan and the Mitigation Monitoring Program. This figure includes the implementation costs incurred to date, plus estimated implementation costs for the next 5 years. It is projected that the costs will be updated within the next 5 years. A summary by major category of the costs incurred to date plus the estimated implementation costs for the next 5 years is provided on the following page. The costs for some of the items noted below relates strictly to staff time necessary to coordinate the review process with other agencies, such as DSRSD and. the Dublin Unified School District. 2 I ; SUMMARY OF ESTIMATED CITY COSTS ADMINISTERING THE EASTERN DUBLIN SPECIFIC PLAN . Costs Incurred Estimated Costs Total Estimated Category to Date over Next 5 Years Costs Administration $ 47,095 $ 5,533 $ 52,628 Community Improvements 120,136 37,267 157,403 Wastewater System Mitigation 3,515 11,325 14,840 Water System Mitigation 0 6,090 6,090 Public Safety 10,213 9,534 19,747 Schools 14,071 5,493 19,564 Total Estimated Costs $195,030 $75,242 $270,272 The total Specific Plan acreage subject to this fee has been reduced by 26.01 acres to account for public agency properties, which would not be subject to the City's development regulations. Based upon the total cost spread among all affected properties, the cost on a per acre basis is calculated at $141.70 for properties designated for all residential uses except rural residential, $126.42 for properties designated for non-residential uses, and a $141.70 per 100 acres, or fraction thereof, for properties designated as rural residential. The difference between the per acre fees is due to the implementation costs related to schools being entirely allocated to residential projects. The flat charge for the rural residential properties is due to the fact that the Specific Plan indicates only one home is planned per 100 acres for properties designated as rural residential. . As required by State law the fees are to be prorated relative to the benefit derived by the property. Therefore, administrative costs related solely to residential uses have been segregated and applied solely to residential uses. It should be noted that this fee is a one time cost to the developer which is payable at the time a development application is submitted. When Fee is Required According to Section 65456 (a) of the Government Code, after the City adopts an implementation fee, the City has the legal ability to refuse to process or approve an application for land use entitlements, prior to payment of the fee. The draft resolution Exhibit C includes a finding that the fee shall be paid at the time a development application is submitted, for a project that is consistent with the Eastern Dublin Specific Plan. The fee would be collected once at the time of the initial land use application. Opportunity for Public Comment As required under state law, the City Council must provide a public comment period prior to approving and establishing any fee. Staff has published the required public notices announcing the public hearing date. All affected property owners were mailed information regarding the fee (Exhibit D). Written comments were requested by February 6, 1998. At the time the staff report was prepared, no written comments had been received. Members of the public may wish to present oral and/or written testimony at the public hearing. The fee will become effective in 60 days as required under Government Code Section 66017 (a). . 3 RECOMMENDATION: Staff recommends that the City Council 1) conduct a Public hearing; 2) adopt the Resolution (Exhibit C) approving and establish the proposed Eastern Dublin Specific Plan and Mitigation Monitoring Program implementation fee; and 3) Direct Staff to Proceed with necessary procedures to collect the fees once it i. effective. This action will be consistent with prior resolutions adopted by the City Council, whicH provided for the City to recover costs advanced for preparing and adopting the Specific Plan. . . 4 . . . /~g REli'ERENCE EXCERPTS A. SECTION 65456 (A) OF THE CALIFORNIA GOVERNMENT CODE AUTHOIUZATION FOR A SPECIFIC PLAN AND MITIGATION MONITOIUNG PROGRAM IMPLEMENTATION FEE. (,5456. (a) 'n;e legislative body, aCte; adopting a specific plan, llIay impose a ~pecific plan fee upon persons seeking guvclIllllcnlal :Il'l'lOv:lls which me requiledto be eonsistent with the specific plan. 'nle fees shall be eSlablished so that, in the aggregate, they defray but as estimated do not exceed, the cost of preparation, adoption, and administration of the specific plan, including costs incurred pursuant to Division 13 (commencing with Section 21 000) of the Public Resources Code. As nearly as can be estimated, tile fee char-ged shall be a prorated amount in accordance with the applicant's relati ve bcnefit dcrived frumthe specific plan. 11. is the intent of the Legislature in providing for such fees to eharge persons who benefit from specific plans for the costs of developing thosc specific plans which result in savings to Ulem by reducing tlle cost of documenting environmental consequences and advocating changed land uses which may be authorized pursuant to Ule spceific plan_ (b) NotwiUlsl.anding Section 600 16, a city or county may require a person who requests adoption, amendment, orn:peal of a specific plan to deposit with the planning agency an amount cqualto Ule estimated cost of preparing Ule plan, amendment, or repeal prior to its preparation by the planning agency. B. SECTION 10.1 OF FINANCING PLAN OF EASTERN DUBLIN SPECIFIC PLAN 10.1 INTRODUCTION The two primary purposes of this financing plan are 1) to show how the major infrastructure costs of new eastern Dublin development will be financed and 2) to show that measures have ..\Lt.. been taken to ensure that new development will not drain -""" existing City resources. G:\EDUBLIN\CODE.'DOC EXHIBIT A EASTERN DUBLIN SPECIFIC PLAN AND MITIGATION MONITORING ./ r </ PROGRAM IMPLEMENTATION COST RECOVERY FEE SCHEDULE {,A 1F{ ;.' Estimates for the Following Portion Allocated to Staff Staff Consultant Total Non Category Hours Costs Costs Costs Residential ~ Administration Financing Techniques 675 36,555 10,540 47,095 30,423 16,672 MllSter Development Agreement 40 2,720 2,813 5,533 3,574 1,959 Total Administration 715 S 39,275 S 13,353 S 52,628 S 33,997 S 18,631 Community Improvements Map viewsheds of scenic vistas 850 850 549 301 Scenic conidor designation and policy 135 5,536 29,330 34,866 22,523 12,343 Stream corridor restoration program / Grazing Mgmt 356 14,060 70,360 84,420 54,535 29,885 Flood control improvements 225 10,845 510 11,355 7,335 4,020 Kit fox habitat management plan 90 2,724 4,288 7,012 4,530 2,482 Monitoring specific plan policies with Resource Management Agencies 125 5,700 5,700 3,682 2,018 Preservation of historic sites 50 2,280 1,020 3,300 2,132 1,168 Public parking lots 200 9,900 9,900 6,395 3,505 Total Community Improvements 1,181 S 51,045 S 106,358 S 157,403 S 101,681 S 55,722 WasteWater System Mitigation Measures Solid Waste Management Program 30 S 1,770 S 510 S 2,280 S 1,473 S 807 Wastewater export pipeline system 5 385 850 1,235 798 437 Discourage use of septic systems 2 100 100 65 35 Energy efficient treatment systems 12 600 600 388 212 Wastewater treatment and disposal facilities 121 6,375 4,250 10,625 6,864 3,761 Total WasteWater System Mitigation Measures 170 S 9,230 S 5,610 S 14,840 S 9,588 S 5,252 Water System Mitigation Measures . Construction of2 additional turnouts for pipeline 2 S 100 S $ 100 $ 65 $ Design of energy efficient facility and pump station 6 300 300 194 106 Expand DSRSD Service Boundaries 5 250 340 590 381 209 Groundwater recharge program 2 100 100 65 35 Increased water source reliability 6 300 300 194 106 Reduce sound levels of water pump stations 2 100 100 65 35 Review of adequacy of water supply 24 1,200 1,200 775 425 Review of Design Standards for reservoir construction 64 3,300 3,300 2,132 1,168 Two new chlorination / flooridation systems 2 100 100 65 35 Total Water System Mitigation Measures 113 $ 5,750 $ 340 $ 6,090 $ 3,936 $ 2,154 Public Safety Wildfire Management Plan 77 $ 3,132 $ 5,383 $ 8,515 S 5,501 $ 3,014 Evaluation of Police Services 30 $ 1,698 S $ 1,698 $ 1,097 $ 601 Evaluation of Police Department Staffing Levels 850 850 549 301 Expansion of Police Services 146 8,344 340 8,684 5,610 3,074 Total Public Safety 253 $ 13,174 $ 6,573 $ 19,747 $ 12,757 S 6,990 . g:\edublin\IMPLEMT3.XLS EXIllBIT B EASTERN DUBLIN SPECIFIC PLAN AND MITIGATION MONITORING PROGRAM IMPLEMENTATION COST RECOVERY FEE SCHEDULE . Category Schools Determine boundaries for DUSD Planning for School Sites Phil) for new school facilities Funding of school facilities Total Schools Total Costs to Implement Plan Acres in Specific Plan Designated for Residential I NOD Residential Use Cost Per Acre . . g:\edublin\IMPLEMT3XLS Staff Hours 2,611 Estimates for the Following Staff Consultant Costs Costs 137 19 13 10 179 S 2,705 5,416 473 770 S 9,364 S 127,838 S 850 5,100 3,400 850 S 10,200 S 142,434 Total Costs S 3,555 10,516 3,873 1,620 S 19,564 S 270,272 3c-(ff Portion Allocated to Non Residential Residential S 3,555 10,516 3,873 1,620 19,564 S S ] 81,523 1,28] S ]41.70 s s 88,749 702 s 126.42 EXmBIT B RESOLUTION NO. - 98 1/41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN . ********* ESTABLISHING FEES AND CHARGES FOR PUBLIC SERVICES EASTERN DUBLIN SPECIFIC PLAN PLAN IMPLEMENTATION AND MONITORING FEE WHEREAS, the City Council has adopted Resolution No. 53-93, which adopted the Eastern Dublin Specific Plan; and WHEREAS, included in the Resolution was a determination that fees would be established pursuant to Government Code Section 65456, to recover the costs of administering the Specific Plan; and WHEREAS, also included in the Resolution was a determination that applicants seeking land use approvals in the Specific Plan area shall pay their pro-rata share of all costs associated with the implementation of the Eastern Dublin Specific Plan EIR Mitigation Monitoring Program; and WHEREAS, a fee has been developed which covers the cost incurred to date for administering and implementing the Specific Plan and Mitigation Monitoring Program. plus future estimated implementation costs; and WHEREAS, the fee has been developed in a manner which prorates the cost among all properties. included in the Specific Plan; and WHEREAS, the fee shall be collected from all persons seeking governmental approvals that are considered to be consistent with the Specific Plan and shall be paid at the time a development application is submitted. NOW, TIffiREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby adopt Attachment CI - Development Fees, as attached hereto and by reference made a part hereof. BE IT FURTIIER RESOLVED that the fees established pursuant to this Resolution shall not be effective for a period of60 days after adoption of this resolution. PASSED, APPROVED AND ADOPTED this 17th day of February, 1998. AYES: NOES: ABSENT: ABSTAIN: Mayor . ATTEST: City Clerk K'/Gf2-17-98/reso-fee.doc G:\CC-MTGS\98-QTRl \FEBRUARY\2-17-98\RESO-FEEDOC EXHIBIT C . . . ATTACHMENT Cl DEVELOPMENT FEES ~~1 Eastern Dublin Specific Plan and EIR Mitigation Monitoring Program Implementation Applicable to: Amount of fee: Payment due: Prepayment: G:\EDUBUN\ATIACHBl.OOC All property within the Eastern Dublin Specific Plan Area (as adopted by the City Council May 10, 1993 - Resolution No. 53-93). The amount of the fee will be calculated by the City on a per acre basis. Parcel sizes allocated between the different categories shall be approximated based on data from the Alameda County Assessor records and the Adopted Specific Plan, in accordance with the following schedule: Residential $141.70 per acre (for all properties zoned as residential except rural residential) Rural Residential $141.70 per 100 acres or fraction thereof. All Non-Residential Uses $126.42 per acre The per acre charges are due at the time of application, which is consistent with the Eastern Dublin Specific Plan. Property owners may elect to prepay the amount owed at any time. CITY OF DUBLIN b e{7 po. Box 2340, Dublin, California 94568 . City Offices, 100 Civic Plaza, Dublin, California 945 January 21, 1998 TO: Eastern Dublin Specific Plan Property Owners RE: Proposed Fee: Eastern Dublin Specific Plan and EIR Mitigation Monitoring Program Implementation Costs Dear Property Owner: The pwpose of this letter is to provide preliminary information regarding the proposed establishment of a fee, which may affect the processing cost of any land use application to be considered by the City of Dublin. The implementation of a fee to recover the cost of administering the Eastern Dublin Specific Plan was anticipated when the Specific Plan was adopted. The City Council will consider adoption of this fee at a public hearing on Tuesday, February-17, 1998 at 7:00 p.m. In 1988, the City of Dublin embarked on a comprehensive effort, at the request of property owners, to amend its General Plan and adopt a Specific Plan for Eastern Dublin. The City Council adopted the Eastern Dublin Specific Plan on May 10, 1993, with the passage of Resolution No. 53-93. The Resolution provided for the development of a fee . to cover the cost of preparing and implementing the Specific Plan. The City Council established a fee for preparing the Specific Plan in November of 1994. The City Council is now being asked to adopt the second portion of this fee which will recover the estimated costs of implementing and administering the Eastern Dublin Specific Plan and EIR Mitigation Monitoring Program. The City Council will consider establishing a fee for recovering the costs incurred to date, and estimated future costs associated with implementing the Eastern Dublin Specific Plan and Mitigation Monitoring Program. Costs incurred to date have been advanced from the City General Fund and to maintain the principles of the adopted Eastern Dublin Specific Plan were to be reimbursed from project applicants. Based upon data collected to date the total Specific Plan and Mitigation Monitoring Program implementation cost is estimated at $270,272. In order to recover these costs, the proposed fee will be collected on a per acre basis, depending on the Specific Plan land use designation. The rate of $141.70 per acre is proposed for properties designated for all residential uses except rural residential. Property designated as Rural Residential is proposed at $141. 70 per 100 acres, or fraction thereof. For properties designated as non- residential uses the fee would be $126.42. The difference between the per acre fees is due to the implementation costs related to schools being entirely allocated to residential projects. . EXHIBIT D Administration (510) 833-6650 . City Council (510) 833.6605 · Finance (510) 833-6640 . Building Inspection (510) 833-6620 Code Enforcement (510) 833-6620 . Engineering (510) 833-6630 . Parks & Community Services (510) 833.6645 Economic Development (510) 833.6650 . Police (510) 833-6670 . Public Works (510) 833-6630 . Planning (510) 833-6610 . . . ~ :J 1f ff As a property owner, . you will not be required to pay the fee until a development application is submitted to the City of Dublin. For example, if you wanted to development your property for a different use, which is consistent with the Specific Plan, the fee would be pai~ at the time you submit a City of Dublin development application. This fee is intended to be a one-time fee which will be collected with the first application affecting the subject property. It is our hope that this letter will explain the proposed fee and to provide an opportunity for your input. In the event that you have any written comments or suggestions, it would be appreciated if they were submitted by February 6, 1998. This will provide staff an opportunity to consider and incorporate the information with the City Council staff report. Once again, this action will merely implement the section of City Council Resolution No. 53-93, which directed that fees be established to recover the cost of implementing the Specific Plan and EIR Mitigation Monitoring Program. In the event that you have any questions, please feel free to contact this office at (510) 833-6640. Sincerely, (9JJ.~ Paul S. Rankin Assistant City Manager/ Administrative Services Director cc: Richard C. Ambrose, City Manager Eddie Peabody, Jr.Community Development Director Carol R. Cirelli, Senior Planner Libby Silver, City Attorney ~ ~ff> ,. James R. & Dixie M. Campbell Michael H. Kobold Albert C. Jr. & Beverly A. Haight 4141 Mattos Dr. 815 Diablo Rd. 6833 Tassajara Rd. Fremont, CA 94536 Danville, CA 94526 Pleasanton, CA 94588 Hanabul F. & Molineux Orletta Jordan R T. & Eileen Sperfslage 1110mas A. & Helene L. Fredrich Trust . 537 Grove Wy 6060 Tassajara Rd. 6960 Tassajara Rd. Hayward, CA 94541 Pleasanton, CA 94588 Pleasanton, CA 94588 Robert D. & Shirley M. Branaugh Trust Anderson Second Family LP Redgwick Construction Company. P.O. Box 2388 P.O. Box 273 25599 Huntwood Ave. Livermore, CA 94551 Pleasant Grove, UT 84062 Hayward, CA 94544 Mission Peak Homes Inc. Rodman R & Azevedo Claudine Scott Ann H. Silveria Trust 245 Sinclair Frontage Rd. 6363 Tassajaro Rd. 6615 Tassajara Rd. Milpitas, CA 95035 Pleasanton, CA 94588 Pleasanton, CA 94588 Robert J. Jr. & Michelle O. Nielsen James G. Sr. & Sue Tipper Opus Southwest Corp. 6407 Tassajara Rd. 7440 Tassajara Rd. Attn: John Greer Pleasanton, CA 94588 Pleasanton, CA 94588 6130 Stoneridge Mall Rd. #115 Pleasanton, CA 94588 Mr. Martin W.lnderbitzen Mr~ Ted C. Fairfield Staubach Retail Services Attorney at Law 5510 Sunol Blvd., Suite A Attn: Auto Nation 5510 Sunol Blvd., Suite A Pleasanton, CA 94566 2030 Main Street, #350 Pleasanton, CA 94566 Irvine, CA 92614 Sununerhill Homes Kaufman and Broad of No California Frederic & Kevin Lin & James Tong . Attn: Bryan McKeen Larry Jenkins, Chief Financial Officer 6601 Owens Dr., #100 777 California Avenue 3130 Crow Canyon PI., Suite 300 Pleasanton, CA 94588 Palo Alto, CA 94304 San Ramon, CA 94583 1 Dublin Land Company Paoyeh & Bihyu Lin Marjorie R & Adams Caro Koller Trust 1991 Leigh Ann PI. 9657 E. Las Tunas Dr. 5379 Tassajara Rd. San Jose, CA 95125 Temple City, CA 91780 Pleasanton, CA 94588 Clyde C. Casterson Mr. Pat Caslunan Adolph Martinelli, Dr. of Planning 5020 Tassajara Rd. Alameda Co. Surplus Property Authority County of Alameda Pleasanton, CA 94588 224 W. Winton Ave., Suite 151 399 Elmhurst Street Hayward, CA 94544 Hayward, CA 94544 Elvera I TR & Silva C. Bragg Milton R. & Gloria Righetti Royal Formosa Inc. 646 Donner St. P.O. Box 2694 1499 Old Bayshore Hwy #132 Sonoma, CA 95476 Castro Valley, CA 94546 Burlingame, CA 94010 , Jose L. & Violeta Vargas 7020 Tassajara Rd. Pleasanton, CA 94588 Anne R. Gygi 5868 Tassajara Rd. Pleasanton, CA 94588 D. Devany 215 Tim Court Danville, CA 94526 Wm. & Jean S. Maynard 350 Tideway Drive. Alameda, CA 94501 Frederic, Kevin, & Jennifer Lin Chang S. & H.Y. & Hong L. Lin James Tong 6601 Owens Dr. #100 Pleasanton, CA 94588 . ADDRESS LIST FOR 1/21/98 NOTICE OF PROPOSED FEE - SPECIFIC PLAN