HomeMy WebLinkAboutReso 10-24 Amending the Consolidated Impact Fee Administrative Guidelines
Reso. No. 10-24, Item 5.8, Adopted 02/06/2024 Page 1 of 2
RESOLUTION NO. 10 – 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING THE CONSOLIDATED IMPACT FEE ADMINISTRATIVE GUIDELINES
WHEREAS, on July 16, 2013, the City Council adopted the Consolidated Impact Fee
Guidelines ("the Guidelines"), which superseded the Guidelines previously adopted for the
Eastern Dublin Traffic Impact Fee, Downtown Dublin Traffic Impact Fee and Public Facilities Fee
(Resolution No. 122-13); and
WHEREAS, the City Council also adopted Resolution No. 123-13 to establish a single
policy for exemptions for impact fees; and
WHEREAS, on July 15, 2014, the City Council adopted the amendment to the Guidelines
by allowing a credit holder to extend expiring credits with a five-year extension for an additional
year (Resolution No. 117-14); and
WHEREAS, on June 16, 2016, the City Council adopted the amendment to the Guidelines
by allowing Fee Credits to exist in perpetuity and not convert to a right to reimbursement at the
end of credit period; one-time allowance for current Right-to-Reimbursement agreements to be
re-converted to Fee Credits; and City Manager' s authorization to approve the conversion of credits
from one parkland and improvement category to another parkland and improvement (Resolution
No. 111-15); and
WHEREAS, on September 6, 2016, the City Council adopted the amendment to the
Guidelines due to change fee description to Western Dublin Transportation Impact Fee from
Downtown Traffic Impact Fee (Resolution No. 147-16); and
WHEREAS, on August 15, 2017, the City Council adopted the amendment to the
Guidelines to not allow Fire Impact Fee Credits to exist in perpetuity and allow current Fire Impact
Fee Credits that exist in perpetuity to be converted to right to reimbursement with the approval of
the City Manager (Resolution 109-17); and
WHEREAS, on December 21, 2021, the City Council adopted a revision to the Eastern
Dublin Traffic Impact Fee for future development within the eastern Dublin area, renaming the
program as the Eastern Dublin Transportation Impact Fee, and updating the Consolidated Impact
Fee Administrative Guidelines (Resolution No. 144-21); and
WHEREAS, the City now wishes to amend the Guidelines to remove the requirement for
unoccupied space to remain vacant for three years or less in order to issue trip credits, and make
the associated updates as well as non-substantive clarifications.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby adopt the amended Consolidated Impact Fee Administrative Guidelines attached hereto
as Exhibit A.
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Reso. No. 10-24, Item 5.8, Adopted 02/06/2024 Page 2 of 2
PASSED, APPROVED AND ADOPTED this 6th day of February 2024, by the following
vote:
AYES: Councilmembers Hu, Josey, McCorriston, Qaadri and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Exhibit A
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b
Document Description
Amendment Control
Project Name Eastern Dublin Transportation Impact Fee Update
Related Documents City of Dublin General Plan (Amended –February - 2022), Downtown Dublin
Specific Plan (Amended - January -2024), City of Dublin Bicycle and
Pedestrian Master Plan (Updated January - 2023)
Document Name Consolidated Impact Fee Administrative Guidelines
File Path G:\TRANSPORTATION\TIF\Eastern
Dublin\2021\12062021_materials_F&P
Date Document Approved February 6, 2024
City Council
Resolution
Amendment
Date
Description of Change
122-13 07/16/2013 Adoption of Consolidated Impact Fee Guidelines, Superseding
previously adopted individual fee program guidelines
117-14 07/15/2014 Extension of Credit Life and Right-to-Reimbursement
111-15 06/16/2015 Extension of Credit for Perpetuity, Right-to-Reimbursement, and Park
Credit Conversion
147-16 09/06/2016 Western Dublin Transportation Impact Fee Update
109-17 08/05/2017 Fire Facilities Fee Credit and Right-to-Reimbursement
144-21 12/21/2021 Eastern Dublin Transportation Impact Fee
___-24 02/06/2024 Removal of three (3) years or less vacancy requirement for unoccupied
space for issuance of trip credits and inclusion of Minimum Cash
Payment
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Table of Contents
I. Introduction/Overview ..................................................................................................................... 1
II. Authority of City Manager to Interpret Situations Not Covered ..................................................... 1
III. Fee Administration........................................................................................................................... 2
A. Responsible Departments ...................................................................................................... 2
B. Effective Fees ........................................................................................................................ 2
C. Basis for Calculating Fees for Projects not Covered in Fee Resolutions .............................. 2
IV. Payment Records ............................................................................................................................. 3
V. Other Miscellaneous Administrative Guidelines ............................................................................. 4
A. Refunds ................................................................................................................................. 4
B. Annual Review of Fee Collection ......................................................................................... 4
C. Funds and Accounting .......................................................................................................... 4
D. Exemptions ........................................................................................................................... 5
E. Administrative Fees .............................................................................................................. 6
VI. Developer Fee Credits...................................................................................................................... 6
A. General .................................................................................................................................. 7
B. Fee Credit/Reimbursement Agreement Required ................................................................. 7
C. Calculating the Fee Credits ................................................................................................... 8
D. Use of Fee Credits ................................................................................................................. 9
E. Use of Fee Credits requires Completion of Facility or Performance Bonds ......................... 9
F. Transferring of Credits ........................................................................................................ 10
G. Options At or Prior to Expiration of Credit Life ................................................................. 10
H. Reimbursement Rights (Excluding EDTIF Section II Residential BART Garage Fees) .... 11
I. Process for Reimbursement of Reimbursement Rights....................................................... 11
J. Procedures for Construction of Designated Facilities by Developers ................................. 12
K. Guidelines for Issuing Trip Credits for Transportation Impact Fees .................................. 12
L. Eastern Dublin Transportation Impact Fee-Section II Residential BART Garage ............. 13
Appendix A: Illustrative Examples
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City of Dublin Consolidated Impact Fee Administrative Guidelines – February 2024 Page 1
CITY OF DUBLIN CONSOLIDATED IMPACT FEE
ADMINISTRATIVE GUIDELINES
I. Introduction/Overview
The City of Dublin Consolidated Impact Fee Administrative Guidelines “Guidelines” apply to the
Western Dublin Transportation Impact Fees (adopted by the City Council of the City of Dublin
through Resolution 210-04 and as subsequently amended), the Eastern Dublin Transportation
Impact Fees (adopted by the City Council of the City of Dublin through Resolution 1-95 and as
subsequently amended), the Public Facilities Fees (adopted by the City Council of the City of
Dublin through Resolution 32-96 and as subsequently amended), the Fire Facilities Fees (adopted
by the City Council of the City of Dublin through Resolution 37-97 and as subsequently amended),
the Noise Mitigation Fee (adopted by the City Council of the City of Dublin through Resolution
33-96 and as subsequently amended), and the Non-Residential Development Affordable Housing
Impact Fee (adopted by the City Council of the City of Dublin through Resolution 70-05 and as
subsequently amended) which fees are, unless otherwise provided, hereinafter referred to as the
"Fee" or "Fees." Except as otherwise provided herein, terms used in these Guidelines shall be
defined in the same manner as such terms are defined in the Resolution.
The application of these Guidelines will, at times, refer to various reference documents adopted by
the City of Dublin. These documents include the City's General Plan, Specific Plans, and the most
recent Impact Fee Studies. Such reference documents are subject to change and may affect the
application of these Guidelines.
II. Authority of City Manager to Interpret Situations Not Covered
Should situations arise not covered by these Guidelines, the City Manager will have the authority
to determine how the resolutions, ordinances, guidelines, and agreements will be administered.
Such interpretations by the City Manager will be in writing, and the City Manager’s determination
will be final and not appealable.
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III. Fee Administration
A. Responsible Departments
The Finance Department serves as the lead department to gather and coordinate the information
necessary to calculate the Fee. The Community Development Department is responsible for
determining the intended land use. The Public Works Department is responsible for determining
the number of vehicle trips assigned to the project.
B. Effective Fees
The Fee will be collected at the filing of final map and/or at the issuance of building permit for the
development project, unless otherwise provided in the applicable Fee Resolution, or developer
enters into a fee deferral agreement with the City. This section shall be applicable whether the Fees
are paid in cash or a credit is used.
C. Basis for Calculating Fees for Projects not Covered in Fee Resolutions
The Fees for projects will be calculated as provided for in the Fee Resolutions. However, in certain
circumstances, the applicable resolutions may not appropriately reflect or apply to a particular
project. Examples of this situation could include, but not be limited to mixed use projects or projects
that involve land uses that are not included in the Resolution. In those situations, the Guidelines
presented in this section will be applied.
For non-residential development projects in which the land use is not included in the definitions
contained in the applicable Fee Resolution, the Community Development Director will determine
which of the defined categories is appropriate, maintaining as much consistency as possible with
the definition of such terms.
For mixed-use development projects in all Fee programs other than the Western Dublin
Transportation Impact Fee, the Community Development Director will determine the projected
percentage of each of the uses at the time of Final Map, other appropriate entitlement, or building
permit is approved. The Fee will be calculated on a pro-rata basis for each different land use. If the
project contains both residential and non-residential portions, the Fee will be based upon the
residential per dwelling unit or per square foot schedule for the residential portion and the non-
residential per square foot schedule for the non-residential portion. (Note that the Western Dublin
Transportation Impact Fee directly addresses the effects of mixed-use development.)
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If the use(s) are unknown at the time of obtaining a building permit and the building permit does
not include adequate interior details to determine the intended use, the use for the initial fee
calculation purposes will be determined by the Community Development Director. Any Fee
discrepancy as a result of a different final use of the property will be calculated and reconciled at
the time that a building permit is issued for interior tenant improvements. Such reconciliation may
result in an additional Fee or a partial refund of previously paid Fee(s). This fee calculation shall
be at the rate in effect at the issuance of building permit.
Quasi-public uses (churches, non-profit organizations, etc.) shall be subject to the Fees. For these
uses, the Community Development Director will determine which of the categories most
appropriately reflects the land use and allocate the project to this category. Affordable housing
projects developed by government agencies and/or non-profit entities will be subject to the same
Fees that are assessed on private residential development.
Where the Fee in question is calculated based on trips generated, the Fee Schedule of the applicable
Approving Resolution for the Fee will define appropriate trip rates to be used for the calculation of
the Fees. If an applicant disagrees with the Fee calculated based on trips generated by the proposed
project per respective Fee program, including but not limited to quasi-public uses, applicant may
make a written request to the Public Works Director, requesting that the City undertake a specific
traffic study for the purpose of determining the estimated trip generation of the proposed
development project. The applicant shall be responsible for all costs associated with the study.
If the Public Works Director determines that the land use of the proposed development project is
not appropriately reflected in the Fee Schedule to the Resolution or that the intensity of the proposed
land use is not consistent with the adopted land use categories in the Fee Schedule to the Resolution,
the Public Works Director will have the option of requiring a traffic analysis or utilizing an existing
relevant study for the purpose of determining the estimated trip generation of the proposed
development project. The applicant shall be responsible for all costs associated with the study.
IV. Payment Records
The Finance Department will record the payment of the Fees. Records will be maintained to comply
with refunding requirements as prescribed by State Law. The Finance Department will obtain a
mailing address from each payor, as well as the applicable Assessor’s Parcel Number, and will note
the payor as the entity or person whose name appears as the applicant for the building permit. The
Finance Department will maintain the records for a period of 10 years from their collection, unless
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a legal mandate exists for a longer retention.
V. Other Miscellaneous Administrative Guidelines
A. Refunds
Refunds of Fees associated with withdrawn applications or projects on which construction has not
commenced, will be done in accordance with the procedures outlined in the Dublin Municipal Code
Section 7.28.450.
If, pursuant to said procedures for paid building permits, a refund is no longer available, and if,
within 10 years of the original payment of the Fees, new building permits are issued for a project
on the subject property, the developer of the new project shall be required to pay only the difference
between the amount of the Fees that were originally paid, and the amount of the Fees in effect at
the time of issuance of building permits for the new project. This calculation of the difference in
Fee amounts shall be done on a Fee by Fee basis. Thus, if any one Fee is reduced or eliminated
between the time of the original payment and the issuance of building permits for the new project,
the original payment amount for that reduced or eliminated Fee shall not be included in the
calculation of the amount owed for the other Fees.
B. Annual Review of Fee Collection
The City has existing procedures for complying with State Law in regards to accounting for
developer Fees. The Finance Department will maintain records to provide the following items:
A brief description of the Fee;
An identification of the improvements and the percentage of cost of the improvements
which the Fee will be expended upon; and
For improvements which are funded and yet to be completed, an identification of an
expected date by which construction of the facilities will commence.
C. Funds and Accounting
The City will incorporate the following items into its accounting procedures, which are the
responsibility of the Finance Department:
The City will maintain a separate fund for the collection and expenditure of Fees.
The City will allocate interest to Fees collected in the fund based upon month end cash
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balances.
The City will identify, in accordance with State Law, the beginning and ending balance of
the funds held for the Fee as of fiscal year end.
The City will identify the amount of Fees collected and interest earned in each fiscal year
for Fees.
The City will provide a description and accounting of any inter-fund transfers made by the
Fee fund.
The City will calculate reimbursements annually within 180 days of each fiscal year end.
The City will file an annual accounting of all development impact fees with the City
Council and for public inspection within 180 days of each fiscal year end.
D. Exemptions
1. Total Exemption. The following types of development will be exempt from the collection of
Fees:
a) Any alteration or addition to a residential structure, except to the extent that a residential
unit (e.g., second dwelling unit) is added to a single-family unit, or another unit is added
to an existing multi-family building.
b) Any replacement or reconstruction of an existing single-family residential structure that
has been destroyed or demolished. This exception shall not apply to the extent that the
replacement or reconstruction includes the addition of a residential unit (e.g., second
dwelling unit).
c) Any replacement or reconstruction of an existing multi-family residential structure without
changing the use type as a residential structure that is not part of a mixed used development
and that has been destroyed or demolished. This exception shall not apply to the extent that
the replacement or reconstruction increases the number of residential units on the property.
d) Eastern Dublin Transportation Impact Fee only. Some of the retail uses within the Eastern
Dublin Transit Center and the Fairway Ranch High-Density Residential Development may
be considered ancillary to the adjoining residential uses and therefore may not generate
outside vehicle trips. The Public Works Director shall provide the final determination of
land uses that could be considered ancillary. If a land use is found to be not completely
ancillary, an appropriate Fee per trip will be charged in accordance with the provisions of
these guidelines.
e) The City Council, in its sole discretion, may waive the applicability of the Fee to certain
development constructed or to be constructed by a public entity on land having an
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appropriate General Plan land use designation upon findings of the City Council that such
a waiver is in the interest of the public health, safety, and/or welfare, for reasons specified
in the findings.
f) Any alteration or addition to a non-residential building or structure resulting in a net
increase of no more than 500 square feet.
g) Any Accessory Dwelling Unit (ADU) that is less than 750 square feet in size per the
requirements of Assembly Bill 345.
2. Partial Exemption – Applicable only to Western Dublin and Eastern Dublin TIF
A partial exemption may be granted based on prior Fees paid as follows:
If after paying the Fees for a specific development project, the project is demolished and replaced
by a new type of development, an exemption may be given for up to the amount which was paid
by the prior development project. In the event that the replacement project would result in a lower
Fee, the new development shall not accrue any unused credit or reimbursement rights. Any change
in use outside of the establishment of the Fee program shall be obligated to pay the entire Fee
except to the extent that another exemption applies. Any Transportation Impact Fees will be
calculated using the procedures outlined in these Guidelines.
E. Administrative Fees
Developers will pay the City administrative fees, provided the fees are established in the City's
Master Fee Schedule, to cover the costs associated with:
The establishment of the credit/reimbursement agreement
Credit transfers
Annual credit/Right to Reimbursement maintenance and monitoring
F. Minimum Cash Payment – Applicable to the Eastern Dublin TIF
The minimum cash payment for the Eastern Dublin Transportation Impact Fee shall be 11% of the
total Fee due (Resolution 144-21). Developers may utilize credits for the remainder of the Fee, if
authorized by the Guidelines.
VI. Developer Fee Credits
This section applies only to the Western Dublin Transportation Impact Fee, Eastern Dublin
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Transportation Impact Fee, Public Facilities Fee, Fire Facilities Fee, Non-Residential Affordable
Housing Impact Fee, and the definitions contained in the Resolutions establishing and amending
said Fees shall apply. Unless otherwise indicated, all references to the "Fee" or "Fees" in this section
shall mean only the Western Dublin Transportation Impact Fee, Eastern Dublin Transportation
Impact Fee, Public Facilities Fee, Fire Facilities Fee, and Non-Residential Affordable Housing
Impact Fee.
A. General
This section establishes the authority for providing credits and/or reimbursement to developers who
construct and/or dedicate any of the improvements and facilities for which the Fees are imposed.
When such public improvements and facilities are constructed and/or dedicated by a developer, the
developer shall be given a credit when appropriate to be applied against the Fees due for the
development project. The amount of the credit shall be determined pursuant to these Guidelines. If
the amount of the credit is greater than the Fees due for the development project, the developer
may, subject to the restrictions described herein, use the credit toward the Fees for another
development project or transfer the credit to another eligible developer in accordance with these
guidelines. If the developer cannot use or transfer the credit within 10 years, then the credit will
convert to a reimbursement right unless the developer first extends the credits as provided for in
Section VI.G of these Guidelines.
B. Fee Credit/Reimbursement Agreement Required
The allotment of Fee credits and/or provision for a reimbursement will only occur in accordance
with a written credit/reimbursement agreement between the City and the developer responsible for
the construction of the Fee facilities or dedication of land.
1. All Fee credits will be granted by use of a standard agreement approved by the City
Attorney.
2. This credit/reimbursement agreement will be entered into at the time the improvements are
secured and/or the right-of-way is accepted for dedication. The terms of this agreement
may, at the City's discretion, be included in the agreement entered into with the City to
secure certain public improvements as contained on a Final Parcel Map or Final
Subdivision Map.
3. Any credits, which are unused within 10 years following their creation, pursuant to Section
VI.G.a of these Guidelines, shall convert to a right to reimbursement, unless the developer
first extends the credits as provided for in Section VI.G.b of these Guidelines.
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4. Neither a credit nor the right to reimbursement shall either be increased for inflation or
accrue interest. The park land right to reimbursement amount shall be based on land value
at the time of dedication.
5. Credits are transferable, with the written approval of the City Manager, provided that the
administrative fee is paid, as specified in these Guidelines.
6. The developer will sign the fee credit/reimbursement agreement attesting that it obtained a
copy of these Guidelines and they were read, understood, and accepted.
7. Prior to the 2021 Update, the Eastern Dublin Transportation Impact Fee distinguished
between Section I and Section II improvements and, therefore, credits earned by Section I
and Section II improvements could only be used to offset fees for that same category. These
distinctions were eliminated in the 2021 Update to the Eastern Dublin Transportation Fee.
After the effectiveness of the 2021 Update to the Eastern Dublin Transportation Fee, any
previously created credits that were denominated “Section I” or “Section II” credits can be
used to satisfy Eastern Dublin Transportation Impact Fee obligations for which credits can
be used.
8. With respect to the Eastern Dublin Transportation Impact Fee, no Fee credits shall be
established for the "Residential BART Garage Fee" (formerly known as “Section II
Residential BART Garage”) component of the Fee. Payments from those monies shall be
made in accordance with subsection VI.L below.
9. With respect to the Public Facilities Fee, the City Manager may approve the conversion of
credits from one park land category to another park land category based on the land values
conversion ratio or may approve the conversion of credits from one park improvement
category to another park improvement category. Park land credits cannot convert to park
improvement credits nor can park improvement credits convert to park land credits. Any
such conversion shall require an amendment to the credit/reimbursement agreement that
documents the existing credits or a new credit/reimbursement agreement if the credits have
not been documented. Requests for conversion under this section must be made in writing
and the decision to approve or deny a request is made at the sole discretion of the City
Manager. The City Manager shall approve the conversion only if he or she finds that the
conversion would not materially change the Public Facilities Fee program's ability to
deliver the acreage in each category specified in the program. This provision does not apply
to any other category in the Public Facilities Fee program.
C. Calculating the Fee Credits
1. General
The fee credit/reimbursement agreement will identify the total credit for Fee
improvements/facilities constructed or land dedicated for a particular development project.
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The contributed land or improvements must be the facilities described in the applicable Fee
Resolutions and/or any subsequent replacement resolutions. There must be a minimum
value of $50,000 in improvements and/or right of way dedicated before credits will be
allotted to a developer.
2. Determination of Value
The Public Works Director will determine the value of the contributed
improvements/facilities based upon improvement plans submitted by the developer and
approved by the City, which plans shall quantify the size of the Fee facilities to be
constructed or dedicated. It is recognized that, in some cases, the scope of construction or
dedication will not exactly match the Fee facilities shown in the exhibits to the Fee
Resolution.
The credits will be the lesser of the following: a) the estimated cost of the improvements
as noted in the Resolution and/or any subsequent replacement resolution; or b) the pro-
rated value of the improvement using the standard cost measurements in the Resolution
and/or any subsequent replacement resolution. The Fee credits cannot exceed the cost
estimates of the improvements in the most recent Fee study and resolution. In no case shall
the fee credits include facility financing costs. See Appendix A for illustrative examples 1
through 6, which pertain to this section.
D. Use of Fee Credits
1. Credits expire when used or 10 years from the date of the credit/reimbursement agreement,
whichever occurs first.
2. Developer can request that a credit exists in perpetuity, with the exception of the Fire
Facilities Fee. To exercise this option, developer must make a written request to the City
Manager or designee, and the credit will not be eligible to convert to a right to
reimbursement.
The value of the credits will be listed in the agreement and applied as credits to the Fees as
authorized by the developer. The City's Finance Department will keep record of credit
utilization and balance.
3. Only the developer who builds or dedicates the Fee facilities will be entitled to the original
or initial credits, until such time as they may be transferred in accordance with these
Guidelines.
E. Use of Fee Credits requires Completion of Facility or Performance Bonds
Fee credits cannot be used by the developer until the developer has either:
1. Dedicated the land or constructed improvements/facilities representing the credits to the
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City; or
2. Provided the City with a performance bond and a labor and materials bond or other
adequate security to ensure that the improvements will be constructed prior to the first
Certificate of Occupancy for any building that is part of the project. The performance bond
or other security shall be in an amount equal to 100% of the engineer's estimated cost to
construct the improvements and the labor and materials bond shall be written by a surety
licensed to conduct business in the State of California and approved by the City Manager
or designee. See Appendix A for illustrative example 7, which pertains to this section.
F. Transferring of Credits
1. The original holder of credits can request a transfer of credits to a person owning an interest
in property that is subject to the same category of the Fee in question. Such transactions
shall be subject to an administrative fee, which shall cover the City's administrative costs
associated with the credit transfer. The administrative fee shall be established in the City's
Master Fee Schedule.
2. There is no limit on the number of times that credits can be transferred between
developments.
3. In certain circumstances, and as required in the interest of equity, the City Manager may,
at his or her sole discretion, authorize the transfer of credits to a person who does not own
an interest in property subject to the Fee.
G. Options At or Prior to Expiration of Credit Life
At or prior to expiration of the credit, the developer has the following options:
a) The expired unused fee credit shall automatically convert to a reimbursement right as
provided for under these Guidelines unless developer submits a written request for
extension no more than six (6) months prior and no less than three (3) months prior to the
credit expiration date or with City Manager's approval if the request passes the City's
required timeframe. The period for right to reimbursement extends 10 years from the date
of expiration.
b) As an alternative, developer can request that credits, other than credits created under the
Fire Facilities Fee, exist in perpetuity and not convert to a right to reimbursement. To
exercise this option, developer must make a request, in writing, no more than six (6) months
prior and no less than three (3) months prior to credit expiration, or with City Manager's
approval if the request passes the City's required timeframe. Developer must secure a
written approval from the City Manager or designee for the request. Credits cannot be re-
converted to a right to reimbursement.
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o Developers that have Fire Facilities Fee credits that would exist in perpetuity may
request that the credits be converted to a right to reimbursement with approval, in
writing, by the City Manager.
H. Reimbursement Rights (Excluding Eastern Dublin Transportation Impact Fee
Residential BART Garage Fees)
Reimbursement rights are created from the conversion of Fee credits, which occurs 10 years after
the initial date of the credit/reimbursement agreement, or after credit extension. Right to
reimbursement life is 10 years. Reimbursement rights are subject to the following specific
guidelines:
1. Reimbursement will only be from funds that were collected in payment of the same Fee as
the one for which a developer is seeking reimbursement.
2. The City will determine the amount of funds available for reimbursement on an annual
basis based on Fee programs, such as the Eastern Dublin Transportation Impact Fee and
Western Dublin Transportation Impact Fee, and the Public Facilities Fee programs.
I. Process for Reimbursement of Reimbursement Rights
1. Determination of Funds Available for Reimbursement
Within 180 days of the end of each fiscal year, the Finance Department will make an
accounting of all Fees collected for the fiscal year that just ended. The Finance Department
will also determine, for each of the Fees, the amount of Fee funds that are unspent and
unplanned. The remaining funds (the reimbursement set-aside) will be used to reimburse
holders of reimbursement rights for facilities already contributed, if any such
reimbursement rights exist.
2. Allocating the Reimbursement Set-Aside to Outstanding Reimbursement Rights
In the event that the City designates that a reimbursement set-aside is available, 50% will
be used to pay the oldest reimbursement right outstanding. If the oldest right is paid off
before this portion of funds is entirely consumed, then the balance of the 50% will go
toward the next oldest right. This portion of reimbursement set-aside funds will be
allocated according to this method until it is exhausted. The other half of the reimbursement
set-aside will be allocated to all remaining reimbursement rights on a pro-rata basis
according to their amounts outstanding, including the remaining un-reimbursed portion of
the oldest agreement. Unused reimbursement set-aside funds will not be carried over to
another fiscal year. See Appendix A for illustrative example 7, which pertains to this
section.
This guideline does not apply to any Fire Facilities Fee reimbursement that was converted
from a credit in perpetuity. Upon such conversion, the City Manager shall have the
authority, in writing, to establish the right to reimbursement priorities for rights of
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reimbursement.
J. Procedures for Construction of Designated Facilities by Developers
1. With respect to the Western Dublin Transportation Impact Fee and the Eastern Dublin
Transportation Impact Fee, the improvements requested to be constructed or dedicated
must be submitted for approval in writing to the Public Works Director no later than 30
calendar days prior to the approval of the Final/Parcel Map on the development project.
Absent a Map, a letter must be submitted for approval prior to the approval of the
improvement agreement. The submittal of the improvement plans and/or description of
area to be dedicated shall be in sufficient detail, as determined by the Public Works
Director, for the Public Works Director to make a determination regarding the approval.
The developer constructing or dedicating improvements in lieu of paying a portion of the
Fee must post a performance bond before the issuance of any grading and/or building
permits for the construction of the improvements.
2. With respect to the Public Facilities Fee (PFF), developers may, with City approval, be
permitted to design and construct facilities included in the PFF program. The design and
construction materials/methods must be in accordance with standard City specifications,
and City inspectors shall be responsible for construction inspection throughout the duration
of the construction period. The PFF Facilities to be constructed or dedicated by the
developer must be submitted for approval in writing to the Public Works Director no later
than 30 calendar days prior to the approval of the Final/Parcel Map or improvement
program on the development project. The submittal of the improvement plans and/or
description of area to be dedicated shall be in sufficient detail, including the layout of
timeline/milestones of the construction, as determined by the Public Works Director, for
the Public Works Director to make an informed determination regarding the approval. The
developer constructing or dedicating PFF Facilities in lieu of paying a portion of the Fee
must post a performance bond and a labor and materials bond before the issuance of any
grading and/or building permits for the construction of the PFF Facilities.
K. Guidelines for Issuing Trip Credits for Transportation Impact Fees
1. Trip credit shall be determined by the City based upon the adopted trip generation rates as
specified in the Fee program. See Appendix A for illustrative examples 8 through 11,
which pertain to this section.
2. Trip credits shall follow the land use and not the user. For example, assume User X
relocates from Space A to Space B, both of which are located within the Western Dublin
TIF area. User X shall not receive trip credit for vacating Space A. User X shall be charged
the appropriate TIF amount for moving into Space B, subject to receiving trip credit as
specified below. Similarly, the appropriate TIF amount shall be charged to the next user of
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Space A, subject to the appropriate trip credit.
3. Trip credit associated with unoccupied space shall be issued based on the most recent land
use if the building has been vacant prior to the date when a use permit is issued to the new
user.
4. TIF calculations/trip credit for uses, other than Urgent Care Medical Office, located within
a general office building that houses multiple tenants (such as professional services,
insurance companies, investment brokers, bank or savings and loan institutions, medical
offices, restaurant or cafeteria, retail facilities, etc.) shall be based upon a uniform trip
generation rate for Standard Commercial Office as specified in the Fee Program. For
Urgent Care Medical Office use within a general office building, the trip generation rate
for Clinic, as specified in the Fee program, shall be used to calculate the TIF and the trip
credit.
5. Trip credit for uses located within a shopping center containing retail stores, as well as
non-merchandising facilities (such as office buildings, movie theaters, restaurants, post
offices, banks, health clubs, recreational facilities, etc.) shall be based upon a uniform trip
generation rate for the appropriate type of Shopping Center as specified in the Fee program.
L. Eastern Dublin Transportation Impact Fee - Residential BART Garage
1. Payment to Alameda County Surplus Property Authority (ACSPA) for $6 million of BART
Garage Costs (Residential BART Garage, formerly known as Section II Residential BART
Garage).
With respect to the Eastern Dublin Transportation Impact Fee, payment of Residential
BART Garage Fees, payment shall be made to the Alameda County Surplus Property
Authority (ACSPA), which is responsible for the parking garage construction and
dedication of the improvement to the Bay Area Rapid Transit (BART) District for public
use. Except for interest earned on Residential BART Garage fees prior to distribution, the
maximum amount to be paid to ACSPA shall not exceed six million dollars ($6,000,000) .
Payment to Alameda County Surplus Property Authority is subject to the following specific
guidelines:
a) The maximum to be disbursed from Fees collected shall be six million dollars
($6,000,000), which amount shall not be increased for any reason including inflation. In
addition, any accrued interest pending disbursement shall be disbursed to ACSPA.
b) Disbursement will be only from the Eastern Dublin Transportation Impact Fee Residential
BART Garage Fee and will not come from any other source including the City's General
Fund.
c) The amount disbursed will depend on the payment of fees by development subject to the
fee. There is no guarantee that ACSPA will receive a total of six million dollars
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($6,000,000).
d) The City will determine and report on an annual basis to ACSPA, the amount of funds
collected from the Residential BART Garage Fee and the amount available for
disbursement, including interest accrued prior to disbursement, if any.
e) The procedure for distributing the disbursements to ACSPA is described below.
2. Process for Payment to ACSPA - Residential BART Garage Fee Funds
a) Initial Distribution of Residential BART Garage Fee Funds
i. Once the BART Garage has been accepted by BART and made available for public
use, the ACSPA shall provide to the City a written certification of the completion
of the BART Garage.
ii. Within 45 days of receipt of the certification described above, City shall calculate
the balance of funds available in Residential BART Garage fee, as of the first day
of the month preceding the date of the notice. City shall also calculate and account
for accrued interest based on the quarterly balance of Residential BART Garage
Fees and the earning rate applied to pooled funds managed by the City. City shall
remit to ACSPA the funds as calculated along with a report showing the maximum
remaining Fees that may be paid to ACSPA.
iii. Thereafter, funds shall be distributed on an annual basis as described below.
b) Annual Determination of Residential BART Garage Fee Funds Available for Payment
i. Within 180 days of the end of each fiscal year, the Finance Department will make
an accounting of all Residential BART Garage Fees collected, and not previously
disbursed, for the fiscal year that just ended. This shall include accrued interest.
ii. The City shall distribute to ACSPA, Residential BART Garage Fees available, to
the extent that the total distribution including previous payments, excluding any
amounts paid as interest, does not exceed the maximum amount described above.
iii. The Finance Department shall annually report to the ACSPA the current balance
remaining in Residential BART Garage Fees that may be paid.
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Appendix A: Illustrative Examples
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Illustrative Example 1 (Eastern Dublin Transportation Impact Fee or Western Dublin
Transportation Impact Fee): Assume that a developer dedicates land for the partial widening of a
major street to offset the Fees due from a development project. To qualify for a credit, this roadway
widening project must be included in the relevant Transportation Impact Fee program. The land
dedication to be applied for a Fee credit shall not include improvements immediately adjacent to
the development project, as these improvements are entirely the responsibility of the developer and
are not to be funded by the Fee. To qualify for a credit for the improvements immediately adjacent
to the development project, these improvements must be included in the relevant Fee program. The
Resolution used a standard cost measurement on the current value per square foot for right-of-way
dedication in calculating the TIF. The Fee credits due to the developer can be calculated by
determining the square footage of the land to be dedicated multiplied by the proper square foot cost
measurement after automatic annual adjustments based on the change in land acquisition costs.
Illustrative Example 2 (Western Dublin Transportation Impact Fee): A developer constructing
multi-family homes contributes traffic signal improvements (TIF improvement) valued at
$200,000. Assume that the Fee at the time totals $2,497 per dwelling unit. The credit of $200,000
will cover approximately 80.10 dwelling units. When the building permit is issued for the 81st
dwelling unit, the developer will have used up the credit and will have to begin paying the Fee.
Illustrative Example 3 (Eastern Dublin Transportation Impact Fee): A developer constructing
single-family homes has a fee credit of $200,000 from previous construction of improvements that
were part of the prior Section I Eastern Dublin TIF program. The Eastern Dublin TIF program no
longer makes a distinction between Section I and Section II improvements. The Fee credits can be
used to offset the developer’s future Eastern Dublin TIF obligations as allowed per the minimum
cash payment requirement (see section V.F. of these Guidelines). Assume that the Eastern Dublin
TIF at the time totals $13,613 per home. The credit of $200,000 can be used against the developer's
Eastern Dublin TIF obligation and will cover approximately 14.69 homes. When the building
permit is issued for the 15th home, the developer will have used up the credit and will have to begin
paying the Eastern Dublin TIF.
Illustrative Example 4 (Public Facilities Fee): Assume that a developer improves 10 acres of land
for a planned 20-acre community park to offset the Fees due for the Community Parks Improvement
Fee component. The last adopted Fee study used a standard cost estimate of $1,320,000 per acre
for calculating the cost of improved community park land. The Fee credit due to the developer will
be calculated using this cost estimate (10 acres, $1,320,000 per acre = $13,200,000).
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Illustrative Example 5 (Public Facilities Fee): A developer constructing single-family homes in
Dublin contributes neighborhood park improvements valued at $200,000. The Neighborhood Parks
Improvements portion of the Fee for a single-family home is $3.98 of the total Fee of $19.27. The
developer must pay a Fee of $15.29 per square foot of each single-family home (total Fee of $19.27
less credit of $3.98) until the $200,000 credit is used up. This credit will cover the Neighborhood
Parks Improvements component of the Fee for the first 50,251 square feet of single-family homes
constructed ($200,000/$3.98 = 50,251). When the developer applies for the building permit for the
home that exceeds 50,251 square feet, he or she will begin paying this component of the Fee with
the balance of the Public Facilities Fee due for the project.
Illustrative Example 6 (Eastern Dublin Transportation Impact Fee or Western Dublin
Transportation Impact Fee): A developer is constructing certain street improvements, which will
be dedicated to the City to offset a portion of the Fee. The improvements are a project in the Fee
Program. The developer supplies the City with a right-of-way conveyance, a performance bond,
and a labor and materials bond for the completion of the street improvements. Fee credits can be
used in advance of completing the improvements, since the City is assured that the land will be
dedicated and the improvements will be completed.
Illustrative Example 7 (Eastern Dublin Transportation Impact Fee): During one fiscal year, the
City collects $88,000 in Fees for Eastern Dublin TIF improvements. The total outstanding
reimbursements owed for the Eastern Dublin TIF are $100,000 to the following developers:
Developer A (the oldest agreement): $50,000
Developer B: $20,000
Developer C: $30,000
For the upcoming fiscal year, the City retains $44,000 for improvements not built by developers
and allocates $44,000 as the reimbursement set-aside to reduce current reimbursement obligations.
$22,000 (50% of the $44,000) of the reimbursement set-aside is used to pay Developer A, who
holds the oldest agreement. Developer A now has $28,000 of outstanding reimbursements
(beginning balance of $50,000 less the $22,000 payment). The other half of the reimbursement set-
aside ($22,000) is allocated proportionally to all three parties who currently hold reimbursement
rights as follows:
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Holder of
Reimbursement
Current Value of
Reimbursement
Owed
Percent of Total
Reimbursements
Outstanding
Amt. of $22,000
Reimbursement
Distributed
Reimbursement
Balance
Remaining
Developer A $28,000 35.90% $7,898.00 $20,102.00
Developer B $20,000 25.64% $5,640.80 $14,359.20
Developer C $30,000 38.46% $8,461.20 $21,538.80
TOTAL $78,000 $22,000.00 $56,000.00
Illustrative Example 8 (Eastern Dublin Transportation Impact Fee or Western Dublin
Transportation Impact Fee): User X moves his/her fast food restaurant business into an individual
(standalone) building located within the TIF area. Previous use of the building consisted of a sit-
down restaurant, which was vacated prior to User X obtaining his/her use permit. Would User X
be entitled to trip credit?
Answer: Yes, he/she would be entitled to trip credit for the previous sit-down restaurant use which
generates fewer trips than a fast food restaurant. User X would pay TIF based on the net trips
estimated for his/her project.
Illustrative Example 9 (Eastern Dublin Transportation Impact Fee or Western Dublin
Transportation Impact Fee): User X (insurance company office) and User Y (dental office) occupy
office space in two separate general office buildings (building A and building B, respectively).
Both buildings are located within the Western Dublin TIF area. The two users have decided to
switch office spaces (e.g., User X would relocate to the space in building B and User Y would
relocate to the space in building A). Would either user be required to pay TIF?
Answer: No, because as each user moves into the other space, he/she would receive full trip credit
for the previous use, based on the uniform trip generation rate for Standard Commercial Office as
specified in the Fee program. Note: Although User Y operates a dental office, which generates
more trips than an insurance company office (User X), the same trip generation rate (i.e., Standard
Commercial Office) is used in both cases to calculate the TIF, as both uses are proposed to take
place within a general office building.
Illustrative Example 10 (Eastern Dublin Transportation Impact Fee or Western Dublin
Transportation Impact Fee): User X proposes to change the use of his/her individual (standalone)
space within the Western Dublin TIF area from Health Club to Bowling Center/Video Arcade. How
would the TIF be determined?
Answer: The TIF would be determined based on the net change in trips estimated for the proposed
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project. For example, User X would be charged TIF based on the proposed Bowling Center/Video
Arcade use but would receive trip credit for the discontinued Health Club use.
Illustrative Example 11 (Eastern Dublin Transportation Impact Fee or Western Dublin
Transportation Impact Fee): User X proposes to establish an Urgent Care Medical Office within a
general office building by replacing existing retail/restaurant uses located on the first floor of the
building. How would the TIF trip credit be determined?
Answer: The trip credit would be determined based on the trip generation rate for Standard
Commercial Office. Note: The TIF would be based upon the increase in trips due to the proposed
project (e.g., the difference between Clinic trips and Standard Commercial Office trips).
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