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HomeMy WebLinkAboutOrd 14-94 Tran Impact FeeORDINANCE NO. 14-94 AN ORDINANCE OF THE CITY OF DUBLIN ADDING CHAPTER 7.82 TO THE DUBLIN MUNICIPAL CODE ESTABLISHING A TRANSPORTATION IMPACT FEE FOR FUTURE DEVELOPMENTS WITHIN THE CITY OF DUBLIN AND DECLARING THIS ORDINANCE TO BE AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY THE CITY COUNCIL OF. THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 7.82 is added to the Municipal Code of the City of Dublin to read as follows: "Section 7.82.010 Purpose In order to implement the goals and objectives of the City of Dublin's ("City") General Plan- and the Eastern Dublin Specific Plan, the Downtown Specific Plan and the San Ramon Road Specific Plan and to mitigate the impacts caused by future development in the City, certain transportation facilities must be constructed. The City Council has determined that a transportation impact fee is needed in order to finance these transportation facilities and to pay for each development's fair share of the construction and acquisition costs of the necessary transpo~rtation improvements. In establishing the fee described in the following sections, the City Council has found the fee to be consistent with its General Plan and the above Specific Plans, 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 7.82.020 Transportation Impact Fee Established A. A Transportation Impact Fee ("Fee") is hereby established to pay for transportation facilities. B. The City Council shall, in a Council resolution or resolutions adopted after a duly noticed public hearing, set forth the amount of the Fee, describe the benefit and impact area on which the Fee is imposed, list the transportation 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 7.82.030 Use of Fee Revenues A. The revenues raised by payment of the Transportation Impact Fee shall be accounted for in the City's Capital Project Fund ("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 transportation facilities designated in the Council resolution and reasonable costs of outside consultant studies related thereto; (ii) To reimburse the City for designated transportation 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 transportation 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 Traffic Impact Fee Program." "Section 7.82.040 Developer Construction of Facilities If a deVeloper is required, as a condition of approval of a permit, to construct a transportation facility that has been'designated to be financed with Transportation Impact 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 7.82.050 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 Traffic Impact Fee." Section 2. This ordinance was adopted at a noticed public hearing, for which notice was given pursuant to Government Code § 6062a. Section 3. This ordinance pursuant to Cal. Gov. Code § 36937, subd. (b), shall become effective immediately. The facts constituting the urgency are as follows: The eastern Dublin Specific Plan is considered critical to the long- term economic health of the City. The Specific Plan requires that new development pay for the infrastructure necessary to serve the new development and provides that developer impact fees should be analyzed as a means of paying for road improvements. The Council has determined that impact fee for transportation improvements should be authorized by this ordinance. The City has received an application from Homart Development Company (the "Applicant") for development within the Specific Plan area for a 75-acre retail shopping center (the "Center"). In order for the Applicant to meet its schedule for development of the Center, it must know the amount of any traffic or transportation impact fees before entering into a development agreement within the City as required by the Specific Plan. To meet the Applicant's schedule, the Council's meeting schedule and procedural requirements related to adoption of fees, approval of development agreements and other actions required for approval of the Center, this implementing ordinance must be in effect prior to the Council's next regular meeting. The Council therefore finds, based on the foregoing facts, that this ordinance is an urgency ordinance necessary for the immediate preservation of the public health and, in particular, the economic health of the City of Dublin, and shall become, effective immediately. Section 4. 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: NOES: Councilmembers Burton, Howard, Moffatt and Mayor Houston . None ABSENT: None ABSTAIN: None ATTEST: 114 \ord\ traffic. 3