HomeMy WebLinkAboutReso 61-07 East Dublin SP Recover Fee
RESOLUTION NO. 61 - 07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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UPDATING THE FEE TO RECOVER COSTS OF
PREPARING AMENDMENTS TO THE
GENERAL PLAN AND THE EASTERN DUBLIN
SPECIFIC PLAN AND RELATED STUDIES AND APPROVALS
WHEREAS, in November 1994, the City Council of the City of Dublin (the "City") adopted
Resolution No. 115-94, which imposed a fee on all property within the Eastern Dublin Specific Plan Area
for the costs incurred in preparation of the Eastern Dublin Specific Plan, as adopted by Resolution No. 53-
93 (the "1994 Fee"); and
WHEREAS, in February 1998, the City Council adopted Resolution No. 16-98, which imposed a
fee on all property within the Eastern Dublin Specific Plan Area for the costs incurred in administering
and implementing the Eastern Dublin Specific Plan and the costs associated with the implementation of
the Eastern Dublin Specific Plan EIR Mitigation Monitoring Program (the "1998 Fee"); and
WHEREAS, in March 2002, property referred to as the Eastern Dublin Property Owners
Annexation Area ("EDPOA"; aka Fallon Village), and shown on Exhibit A. was annexed to the City
pursuant to Local Agency Formation Commission ("LAFCO") Resolution No. 02-19, approved on March
26,2002; and
WHEREAS, some of the properties in the EDPOA were part of the Eastern Dublin Specific Plan
Area when the Specific Plan was adopted in 1994; and
WHEREAS, upon annexation the EDPOA became part of the Eastern Dublin Specific Plan Area,
and is currently comprised of 13 contiguous parcels containing acreage as set forth in Exhibit B; and
WHEREAS, by the approval of Resolution No. 167-02 on September 3,2002, the City Council of
the City of Dublin authorized and directed staff to begin the process of updating land use and other
planning for the EDPOA by preparing the necessary studies and documents, including a Resource
Management Plan, for possible adoption of a General Plan Amendment ("GP A") and Eastern Dublin
Specific Plan Amendment ("SPA"), related and conforming amendments to the Stage 1 Development
Plan for the EDPOA, associated environmental work required pursuant to the California Environmental
Quality Act ("CEQA") and associated Staff time, legal expenses, and the cost of consultants (collectively,
the "GP A/SP A Study"); and
WHEREAS, by the approval of Resolution No. 223-05 on December 6, 2005, the City Council of
the City of Dublin approved the GP A and SPA; and
WHEREAS, State Law requires consistency between a City's General Plan, as well as its Specific
Plans, and its planning policies and decisions; and
WHEREAS, State Law, including Government Code Section 65300 et seq. and Government
Code Sections 65750 to 65763, requires every city to have an adequate and up-to-date General Plan and
numerous court decisions have held cities liable for failing to have a General Plan that meets all of the
criteria in the Government Code; and
Reso No. 61-07; Adopted 5/1/07, Item 6.5 Page 1 of 5
WHEREAS, Government Code Section 66014 provides that fees charged to defray the cost of
planning services may include the costs reasonably necessary to prepare and revise the plans and policies
that a local agency is required to adopt before it can make any necessary findings and determinations; and
WHEREAS, Government Code Section 65456(a) authorizes the adoption of a fee to defray the
costs of preparation, adoption and administration of a specific plan and the associated environmental
documents; and
WHEREAS, the City and those who wish to develop the EDPOA and who apply for various
entitlements for the property, have an interest in planning for the use of the property in advance, rather
than on a piecemeal basis; and
WHEREAS, developers and property owners of the EDPOA benefit from the preparation of the
GP A/SP A Study; and
WHEREAS, the City completed various planning efforts in support of the adoption of the
GPA/SPA Study; and
WHEREAS, it is difficult to segregate the costs involved in planning efforts for the EDPOA
between the GP A and the SPA; and
WHEREAS, the final costs of preparing the GPA/SPA Study, including the preparation of the
Resource Management Plan, the City's administrative and overhead costs, such as personnel,
maintenance, operation, and capital costs, consultants' fees and attorneys' fees, are as shown on
Exhibit B hereto; and
WHEREAS, on October 7, 2003, the City Council adopted Resolution No. 198-03 to require
owners of property in the EDPOA to pay a fee to the City for the costs of the GP A/SP A Study, and
Resolution No. 198-03 specified that upon completion of the GPA and SPA the City Council should
update the fee to recover the full costs incurred by the City in preparing the GP A/SP A Study, including
the then-unknown, yet anticipated, costs for land planning and environmental review (the "2003 Fee); and
WHEREAS, Staff recommends that the City Council of the City of Dublin update the fee
calculated to recover the costs of planning efforts in support of the adoption of the GP A/SP A Study as
shown on Exhibit B, which is $1,121.94 per acre (the "EDPOA-Fallon Area Specific Plan Fee"); and
WHEREAS, the 1994 Fee and the 1998 Fee are still in effect and applicable to those EDPOA
properties that were included in the Eastern Dublin Specific Plan in 1994, in addition to the 2003 Fee, as
amended herein; and
WHEREAS, in adopting the EDPOA-Fallon Area Specific Plan Fee set forth in this Resolution,
the City Council of the City of Dublin is exercising its powers under Article XI, Section 7 of the
California Constitution; and
WHEREAS, at least 14 days prior to the public hearing at which this Resolution was considered,
notice of the time and place of the hearing was mailed to eligible interested parties who filed written
requests with the City for mailed notice of meetings on new or increased fee or service charges; and
WHEREAS, Exhibit B was available for public review and comment for 10 days prior to the
public hearing at which this resolution was considered; and
Reso No. 61-07, Adopted 5/1/07, Item 6.5
Page 2 of5
WHEREAS, 10 days advance notice of the public hearing at which this resolution was considered
was given by publication twice with at least five days intervening each publication, in accordance with
Section 6062a of the Government Code; and
WHEREAS, the EDPOA-Fallon Area Specific Plan Fee shall become effective 60 days following
the adoption of this Resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin finds as
follows:
A. The purpose of the EDPOA-Fallon Area Specific Plan Fee set forth in this resolution is to
recover up to the full recoverable costs incurred by the City in preparing the GP A/SP A Study.
B. After consideration of Exhibit B, the testimony received at a noticed public hearing, the
agenda report, the background documents to the Staff Report, and all correspondence received, the City
Council of the City of Dublin concludes that developers and property owners of the EDPOA seeking to
exercise entitlements benefit from amendments of the General Plan and Eastern Dublin Specific Plan.
C. Adoption of the EDPOA-Fallon Area Specific Plan Fee set forth in this Resolution, as it
relates to services provided by the City to developers and property owners of the EDPOA seeking to
exercise entitlements, is intended to recover costs necessary to prepare the GP A/SP A Study. Consistency
with the General Plan and the Eastern Dublin Specific Plan is a necessary component of those services.
D. The documents and testimony presented supporting this Resolution establish that the costs
listed in Exhibit B, are the final costs of preparing the GPA/SPA Study, and that the recommended
EDPOA-Fallon Area Specific Plan Fee is a necessary first step in recovering the reasonable costs of
preparing the GP A/SP A Study.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does resolve as
follows:
1. EDPOA-Fallon Area Specific Plan Fee Imposed. The EDPOA-Fallon Area Specific Plan
Fee for the EDPOA shall be imposed on and paid by applicants at the times, and in the amounts, and
otherwise apply and be administered as prescribed in this Resolution.
2. Application of and Time for Pavment of Fee. Except as provided in Section 4 of this
Resolution, the applicant shall pay the EDPOA-Fallon Area Specific Plan Fee listed as "Fee Owed" in
Exhibit B at the time of application for any of the following approvals, whichever application shall be
submitted first, for all gross acres contained in the parcel that is the subject of the application, as set forth
in Exhibit B:
a. building permit;
b. land use, conditional use, or similar permit;
c. VarIance;
d. tentative subdivision or parcel map;
e. site development review;
Reso No. 61-07, Adopted 5/1/07, Item 6.5
Page 3 of5
f. development agreement;
g. rezoning; and
h. any other discretionary approval granted by the Zoning Administrator, Community
Development Director, Planning Commission, or City Council for which a finding of
consistency with the Specific Plan is required by state law.
3. Basis for Fee. The amount of the EDPOA-Fallon Area Specific Plan Fee shown on
Exhibit B is based on the final costs of planning efforts in support of the preparation of the GP A/SP A
Study.
4. Exemptions. The following kinds of approvals are exempt from the EDPOA-Fallon Area
Specific Plan Fee:
a. any addition, modification, or improvement to an existing single family dwelling;
b. any addition, modification, or improvement to an existing nonresidential building
or multifamily dwelling, unless the addition, modification, or improvement results in the
development of a portion of a gross acre;
c. a temporary use permit;
d. any approval for a public building or facility;
e. any approval for a structure not intended for occupancy, and that is accessory to a
permitted use including but not limited to fences, antennas, storage tanks, and mechanical
equipment; and
f. final maps and improvement plans.
5. Effective Date. This Resolution shall become effective immediately. The EDPOA-Fallon
Area Specific Plan Fee shall become effective sixty (60) days following the effective date of this
Resolution.
6. Effect on Fee Established by Resolution No. 198-03.
a. Upon the EDPOA-Fallon Area Specific Plan Fee imposed by this Resolution becoming
effective as set forth in Section 5, the fee established by Resolution No. 198-03 shall be
superceded and shall no longer by imposed, except as set forth in Section 6.b.
b. The fee set forth in Resolution No. 198-03 shall remain in effect until the EDPOA-
Fallon Area Specific Plan Fee becomes effective as set forth in Section 5. Any
applicant who has made payment towards the fee set forth in Resolution No. 198-03
shall receive a credit in the amount of such payment against the EDPOA-Fallon Area
Specific Plan Fee, once effective, which shall be imposed at the time of application for
any of the approvals set forth in Section 2. In the event that a court should invalidate
any part ofthe EDPOA-Fallon Area Specific Plan Fee imposed by this Resolution the
fee imposed by Resolution No. 198-03 shall become effective.
Reso No. 61-07, Adopted 5/1/07, Item 6.5
Page 4 of5
7. Severability. The EDPOA-Fallon Area Specific Plan Fee adopted by this Resolution and
all portions of this Resolution are severable. Should the EDPOA-Fallon Area Specific Plan Fee or any
portion of this Resolution be adjudged invalid and unenforceable by a body of competent jurisdiction,
then the remaining EDPOA-Fallon Area Specific Plan Fee and/or Resolution portions shall be and
continue in full force and effect, except as to the Resolution portions that have been adjudged invalid.
The City Council of the City of Dublin hereby declares that it would have adopted the EDPOA-Fallon
Area Specific Plan Fee and this Resolution and each section, subsection, clause, sentence, phrase and
other portion thereof, irrespective of the fact that the EDPOA-Fallon Area Specific Plan Fee or one or
more of sections, subsections, clauses, sentences, phrases or other portions of this resolution may be held
invalid or unconstitutional.
PASSED, APPROVED AND ADOPTED this 1st day of May, 2007, by the following vote:
AYES: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
~t fZW
City Clerk I Oep II t1
ATTEST:
Reso No. 61-07, Adopted 5/1/07, Item 6.5
Page 5 of5
EXHIBIT A
Map of the Eastern Dublin Property Owners Annexation Area (aka Fallon Village)
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Reso No. 61-07, Adopted 5/1/07, Item 6.5
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Page 1 of 1
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EXHIBIT A
EXIllBIT B
Eastern Dublin Owners Annexation Area
Current Property Ownership Infonnation
And Methodology Used To Calculate the Allocation Of Fees Owed
Fee Owed
Current Assessor's Parcel # Current Property Owner Current Acrea2e Fee / Acre Total Project*
905-0002-003 Braddock & Logan 159.5 $1,121.94 $178,949.29
905-0002-001-01 & 002 Croak 165.5 $1,121.94 $185,680.92
985-0027-006 & 007 First American Title (Jordan Trust) 189.7 $1,121.94 $212,831.85
985-0027-002 Chen 140.1 $1,121.94 $157,183.67
985-0001-006-03 Anderson 50.3 $1,121.94 $56,433.54
985-0001-005-02 Righetti Partners 49.6 $1,121.94 $55,648.18
905-0001-004-04 Branaugh 40.2 $1,121.94 $45,101.95
985-0027-004 EBJ Partners, LP 1.1 $1,121.94 $1,234.13
905-0001-004-03 Monte Vista 9.3 $1,121.94 $10,434.03
985-0028-002 Fallon Enterprises 328.7 $1,121.94 $368,781.39
985-0027-005 Pleasanton Ranch Investments 0.4 $1,121.94 $448.78
Total Acreage: 1134.4
* Fee Owed does not aCC01.mt fur any p~ial pa)1ll.eIrts collected Ptn"Suant to Resolution 198-03 to the ree
EDPOA-Fallon Area Specific Plan Fee Calculation Per Acre Basis
The fullo\Ving; provides the full costs incurred by ~~gity in preparing; thtl GP A and SPA and related work fur the EDPOA
and the resultant p~~l:l(;re EDPOA- Fallon Study ~a Specific Plan Fee.
Cost Incurred
CONTRACT COSTS - RESOURCE MANAGEMENT PLAN
CITY STAFF PROCESSING 12
CONSULTANT COSTS 665,3~?8~i
CITY ATTORNEY LEGAL COSTS 209,121.62:
TOTAL COST GPA/SPA STUDY* $1,272,727.73
* Note: All costs incWe City Administrative and Overhead Costs
GROSS ACREAGE OF ED}>().t\ (R.ounded to the nearest acre
1,134.4
:ALLOCATION ON A PER ACRE BASIS OF
EDPOA- FALLON AREA SPECIFIC PLAN COST
$1,121.94'
Reso No. 61-07, Adopted 5/1/07, Item 6.5
Page 1 of 1
EXHIBIT B