HomeMy WebLinkAboutOrd 13-94 Establishing a Public Facilities FeeORDINANCE NO. 13-94
AN ORDINANCE OF THE CITY OF DUBLIN
ADDING CHAPTER 7.78 TO THE
DUBLIN MUNICIPAL CODE ESTABLISHING A
PUBLIC FACILITIES FEE FOR FUTURE
DEVELOPMENTS WITHIN THE CITY OF DUBLIN
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1.
Chapter 7.78 is added to the Municipal Code of the City of Dublin
to read as follows:
"Section 7.78.010 Purpose
In order to implement the goals and objectives of the
City of Dublin's ("City") General Plan, the Eastern
Dublin Specific Plan and the Parks and Recreation
Master Plan, and to mitigate the impacts caused by
future development in the City, certain public
facilities must be constructed. The City Council has
determined that a public facilities fee is needed in
order to finance these public facilities and to pay
for each development's fair share of the construction
and acquisition costs of these improvements. In
estabIishing the fee described in the following
sections, the City Council has found the fee to be
consistent with its General Plan and the Eastern
Dublin Specific Plan, and pursuant to Government Code
§ 65913.2, has considered the effects of the fee with
respect to the City's housing needs as established in
the Housing Element of the General Plan."
"Section 7.78.020 Public Facilities Fee Established
A. A Public Facilities Fee ("Fee") is hereby
established to pay for municipally owned public
facilities.
B. The City Council shall, in a Council resolution
adopted after a duly noticed public hearing, set forth
the amount of the Fee, describe the benefit and impact
area on which the Public Facilities Fee is imposed,
list the municipally owned public facilities to be
financed, describe the estimated cost of these
facilities, and describe the reasonable relationship
between the Fee and the various types of future
developments and set forth time for payment."
"Section 7.78.030 Use of Fee Revenues
A. The revenues raised by payment of the Public
Facilities Fee shall be accounted for in the City's
Capital Project Fund. Separate and special accounts
within the Fund shall be used to account for
revenues, along with any interest earnings on such
account. These monies shall be used for the following
purposes:
(i) To pay for design, engineering, right-of-way
acquisition and construction of the public facilities
designated in the Council resolution and reasonable
costs of outside consultant studies related thereto;
(ii) To reimburse the City for designated public
facilities constructed by the City with funds (other
than gifts or grants) from other sources together with
accrued interest;
(iii) To reimburse developers who have designed and
constructed designated public facilities which are
oversized with supplemental size, length, or capacity;
and/or
(iv) To Pay for and/or reimburse costs of program
development and ongoing administration of the Public
Facilities Fee Program."
"Section 7.78.040 Developer Construction of Facilities
If a developer is required, as a condition of approval
of a permit, to construct a public facility that has
been designated to be financed with Public Facilities
Fees and if the facility has supplemental size,
length, or capacity over that needed for the impacts
of the development, a reimbursement agreement with the
developer and a credit against the Fee otherwise
levied by this ordinance on the development project
shall be offered by the City. The reimbursement
amount shall not include the portion of the
improvement needed to mitigate the burdens created by
the development."
"Section 7.78.050 Administration Guidelines
The City Council may, by resolution, adopt
AdministratiVe Guidelines to provide procedures for
the calculation, reimbursement, credit or deferred
payment and other administrative aspects of the Public
Facilities Fee."
Section 2.
This ordinance was adopted at a noticed public hearing, for
which notice was given pursuant to Government Code § 6062a.
Section 3. Effective Date and Postinq.
This Ordinance shall take effect and be in force thirty
(30) days from and after the date of its passage. The City
Clerk of the City of Dublin shall cause this ordinance to
be published or to be posted in at least three (3) public
places in City in accordance with Section 36933 of the
Government Code of the State of California.
PASSED, APPROVED AND ADOPTED by the City Council of
the City of Dublin on this 12th day of December , 1994,
by vote as follows:
AYES:
Council'members Burton, Howard, Moffatt and Mayor
Houston
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
114 \ord\ci tyhall, c In