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HomeMy WebLinkAboutItem 6.1 NoiseMitigationFeeOrd 1",~""'~.1,./~_"":j,;(i,jlJ.:<l'L~~~~~"'~-".1""r._.':~'>.'"'4'.'1 '-II . . . CITY OF DUBLIN AGENDA STATEMENT CiTY COUNCIL MEETING DATE: December 27, 1994 SUBJECT: Noise Mitigation Fee Ordinance Report Prepared by Elizabeth H. Silver, city Attorney A~astern Dublin General Plan Amendment and Specific Plan EIR, pages 3.10-3 and 5.0-13 By/Eastern Dublin General Plan Amendment and Specific Plan Mitigation Monitoring Program, 'page 64 C./Government Code Section 65913.2 D~raft Ordinance EXHIBITS ATTACHED: RECOMMENDATION: 1) tJJ~ 2) '\ 3) 4) 5) Open public hearing Receive Staff Report and public comment Close public hearing Deliberate Waive reading and INTRODUCE Noise Mitigation Fee Ordinance FINANCIAL STATEMENT: The cost of preparing the Noise Mitigation Fee Ordinance can be recovered from property owners applying for approval of development in Eastern Dublin. DESCRIPTION: The Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report ("EIR") identified increased noise on roadways as being a potentially significant impact from Eastern Dublin development on existing residences (EIR, page 3.10-3). The EIR also concluded that the development within Eastern Dublin would contribute to cumulative traffic-related noise impacts (EIR, page 5.0-13). The EIR includes a mitigation measure (MM 3.10/7.0) to mitigate this impact. MM 3.10/7.0 provides that the City should develop a noise mitigation fee to pay for mitigation measures such as noise barriers, earthen berms or retrofitting existing structures with sound-related windows. The council must follow the provisions of AB 1600 (Government Code Sections 66000 et seg.) to enact a noise mitigation fee on future development in the Eastern Dublin area. These provisions contemplate a two-step process prior to the imposition of such a fee on new development. The first step is the adoption of an "implementing ordinance". The second step is adoption of a resolution setting the amount of the fee, the type of improvements to be funded by the fee, properties subject to the fee and when the fee is payable. The draft ordinance is the first step. It is an implementing ordinance which, if adopted, will establish the mechanism for imposing a noise mitigation fee. No fees will be imposed by the ordinance. The second step, adoption of a resolution setting the fee: r2quires a public hearing. It also r~quires 'that information regarding the amo~nt ~t r~e- proposed fee be available to the public at least ten ~WS im ad~m~. This information would be in the form of a study or $taE~ ~'pmr~ mkThcm would show the relationship between development proj~ts and tbe. mitigation measures (e.g., noise barriers, earthen berms ,or reb:::ofittinq existing structures with sound related windows) for which the fee is proposed to be charged. ---------------------------------------------------------------------- ITEM NO. -".1 COPIES TO: CITY CLERK FILE~ ~'., . .. ._,. ....~,..~...~.,,:...t..o>.+'I-,.l ;.1.' ~ . . AGENDA STATEMENT - Noise Mitigation Fee Ordinance Page 2 A noise mitigation fee could be adopted once the ordinance is in place. It would be applicable only to developments within Eastern Dublin (the area included within the Specific Plan and General Plan Amendment area but excluding the Future Study Area) and would not replace specific project-related improvements for individual projects to mitigate noise impacts on site. Government Code section 65913.2 requires the Council to consider the effect of an ordinance such as this with respect to the housing needs of the region in which the City is located. The Government Code requires the City to refrain from imposing regulations which would make housing infeasible for any segment of the community. This ordinance would not make housing infeasible for any segment of the community because it is necessary to allow development to occur. This ordinance is one step in the implementation of the Eastern Dublin Specific Plan which contemplates close to 14,000 dwelling units at buildout (including the General Plan area not within the Specific Plan), and which will have a beneficial effect on the housing needs of the region. It will help the city to meet the ABAG projected housing need in Dublin. Adoption of the draft ordinance is consistent with and will implement the Eastern Dublin Specific Plan. The adoption of the draft ordinance is not subject to CEQA (Public Resources Code Section 21080(b) (8). Staff recommends that the City Council conduct a pUblic hearing, deliberate, waive the reading and INTRODUCE the ordinance. K2/AlAS-NOISE .' . . I . . . . . ~ I I (II . III . . 1 .. ... -. . t,:' ~ Dvbb SP/GPJ.. Em. . . s..10 ..... Future noise contours for the Year 2010 wi'th the Project are shown on :Figure 3.1 O..B. These contours do not take into account acoustical shielding due 'to existing buildings or topogrll'hy. Consequently, a.etuall1oise levels may be less than tha.t shown on the mal'. By plaCing the contours on the land use map, one can easily determine the worst case future noise exposure of a particular development parcel. For examtJle. Medium DensitY Residential development just north of Gleason Boulevarc1 011 both sides of Tassa.jan Road will be exposed to a CNEL of 60 dB or more. According to the City'S land. use compatibility guidelines, these land uses would be in the "conditionally a.eeeptl.ble" range for this type of land use. .Conditionally accepg,ble" means that an ~ousuc::al study should be initiateci ' during project development to determine how interior noise levels will be cOQwUed to the City and State goal of CN'EL 45 dB. Mitigation Measure or the ElR MM 3.]0/1.0 Require tlull an Q&DUStietJ Slutl'Y bd submitted wilh all residential development projects located within the future CNEL 60 (:QnICRIT. The goal of th~ dCC1U3tical study is to .show how the interior noise level will be controlled to a CNEL 0/ 45 dB as required by Title 24. PlUllI. The Title 24 ,om of CNEL 45 should be applied to single-/amlIY housing. MM 5.10/1.0 is appli.:ablo to the total Project site. Implementation of this 11'1itigation measure will reduce the impact to a level of insie.nificancc. 1M 3.10/9 Exposure of Existins Raideaces to i.dure Roadwal Noiu Future Project de...e1opment will alsO have the potential to impact existing mideQ~ due to increased noise on roadwa)'S. Table 3.10-3 ghows the future noise level along major roaaways in the pIaDning area for the Year 2010 With Project and Year 2010 without Projecn. Alol1Slnterstate S&o. the noise level increase will be 1 dB or less with or withOUt the Project. A I-dB change would 110t be considered significant. Along Tassaiara Roacl, the f\lture noise level wID incre-ase by 3 dB near cxisu.ng residential development north or Dublin Boulevard without the Project and by an additional I dB with the Project for a total increase of 4 dB. Fallon Road. Doola.n R.oad. and Hacienda Road do not have significant traffic on 'them currently. In the future, without the Project, noise levels alan; theSe roadways would remain similar to the current noise le'Vels. NOise levels along Doolan Road.. however, woulcl increase by 7 to 15 dB due to the projeet. This would result in future CNELs of 62 to 10 dB approximately SO tcet from the roadway centerline. In oonclusion.. b1areasecl trlf'fic noise Oft local roads would result in noise level increues of 6 dB or more along J)oOlan aDd Fallon. Roads. This would be considered a l,ill!f\lf'icallt ~~' This Unl'act is aJso a DOtentiallv :n&1lificant advetSe imoact IS c1.iscllSSed in ChQPll' S. Mitigation Measure of the EIR . MM 3,101Z.0 Require tJuzt deveJDpment prDjflcts pt()'1id. for "oi.s, hDfritf'S or berms ntar existing residences to control noise in outdoor use spaces. One possibility is the construeti07l of solid fences around outdoor use aretJ3. T1u! noise control/or existing re$idenee: should be naluttlld 012 a case..bY-Cl1Se basis. MM 3.10/2.0 is applicable to existing residential areas throughout the total Proj~ct site. Implementation of this mitigation will reduc:e the hnpac:t$ to a level of notentiallv silITiificant since mitigation may not be feasible at a11locations due to site constraints such as driveways or prOximity . r\ 3.10-3 ~'7 . . a . . II . t ,'. - ~. i!; [J I '. 'J ,] 1 :1 . 1.1." ~...A_..A C .~~ ~n.blin.sp/CPA.zm . change. This impact remains a sii~jr;~nt cumulative imD;lct. Noise 1M 3.10/B Exposure of Existing Residences to Future Road.way Noise The Project would contribute to cumulative traffic-related Daise impactS in the region. I:ach cumulative project may contribute one Or two d~bels to the overall noise level- in the subregional ate3. This !:MY tyl)ically be oonsidered no impact since the iDcreue is generallY less than 3 dB. However, over the lOng term. the noise level increases in a 5ub5tantial maDllcr. This Tt'ould be true alons. such roadways as Fallon and Tassajara road. Therefore. the noise imPact of the Project is considered a eitlnific::mt cumulative irnollct. ~ -4> I ~~ R.C1 :~4.:.'l ,4ta.p:r.~ 8$~ Mitigation Measure of the :EIR MM 3.10/7.0 In order ta miligalc Ihis sirdlicDN cumulali" ;mptW, the CilY should develop a noise miligaztonfee to pay /or mitigating me:a.mre:s such as noise barriers. elUthell berms or retro/ittinl existing structures with sound-rml!d windows. 1114 mitigation fIe coul.d be developd 071' a "dollars for deciber ba.sis. For example. i/ the future noise level is predicted to ;ncrease by 4 dB. and the Project will COli tribute 2 dB. then the applicant should be r~$ponsiblc lor SO ~rcsnJ. 01 Ihe tOlal cost 0/ aIty off-site mitigazion measw'es. This mitigation measure is designee! especially to reduoe c:umulanve impacts related to noise. This is an experimental concept which haS been adopted by other jurisdi~ons in the Tri- Valley. ImJ)lementation of this mitigation measure would reduce cumulative noise impacts to a potentia.lly. siC!nifiy.m~ level. . Air Quality 1M 3.11/A Dust Dtposltioll Soiling Nvisp~, frOm CODStnlc:tioll AetiYity This is a ~te-ntiallv siinificant cumulative in'lDact due to the non-attaiDment statuS of the air basin. Miti~ti01J. Measures of the EIR MM 3.11/ J.O rtclWres that a series of actions be taken by the City of Dublin to reduce dust deposition irom t;ODStnetion activity. Even if the City implements MM 3.11/1.0. cumulative PM-IO impacts will not be reduced to a level of insignificance because the nOl1-atta.inment 5ta~ of th~ ~ basin imposes I. %ero tolerance threshold for cumulative impactS for any non-attainment pollutants. This impact will remain a. Q2tentiall~ sjgnif~~Dt cumulative imoact. 1M 3.11/D CoustnlCtiOD EquipDlC1J-t/Vehic1e: Emissions This is a aptenrialtv sifnif'1~nt eurnutative impact due to the non-attainment statuS of the air basm. Mitigation Measures of the Em. MM 3.11/ 'l.D through MM 3.11/4.0 propose measures to reduce emissions related to COD:ltructiou operatiot13. 5.0-13 381 ,~, .' Ct_y of DubUfI May 1, 1993 . . Eastern Dublin Spteific Plan Ie GPA ErR Mitig1l.tion Monitoring Plan 2. Miti;'l\tlon Imnlcrnentation and Monitorine PrQuam Impact 3.10/A Exposure of Proposed Housing- to Future Roadway Noise Miti~ation, Measure 3.10 I] .0: Acoustical Study Within Future CNEL 60 Contour Why~ Who: What: When: Completion: Verification: To require acoustical studies for'all residential development projects within the future CNEL 60 comour to show hOW interior noise levels will be reduced to 45 dB. Applica.nts/Planning Department. Verify the preparation of an acoustical study for aU residential projects located within the future CNEL 60 noise contour. and confirm the incorporation of mitigation measures into the proposed plan. Prior to tentative map approval. Prior to final map approval. Planning Department. Impact 3.10/B Exposure of :b:istinS Re!lidence~ to Future Roadway Noise Mit/ration Measure 3,10/2.0: Provision of Noise Control Measures Why: Who: What: When: Completion: Verification: To require th:at 3.11 development projects in the Project area provide noise barriers or berms near uisting residences to control noise in outdoor use spaces. Applicants/Planning Department. Verify that proposed plans provide noise abatement for existing residencl:s or that such mitigation is not necessarY. Prior to tentative map approval. Prior to Final map a.pproval. Planning Department~ Miti~atfon Measure 3.10/7.0: Noise. Mitigation Fe.e. Why: Who: What: When: Completion: Verification: To provide for the establislunent of a noise mitigation fee to pay for on- and off -site noise mitigations, including but not limited tOI noise barriers, earthen berms. or retrofitting structures with sound-rated windows. APplicants/Planning Department. Prepare an ordinance permitting the levying of a noise mitigation fee. During processing of prezoning and -annexation applications. Prior to tentative map approval for projects along Tassajara Road, Hacienda Road, or Fallon Road. . :Planning Department. Impact 3.10/D Exposure of Proposed Residential Development to Noise from Future Military J'raining Activities at Parks Reserve Fnrces Trl'1inine Area (Camp Parks RITA) and the County Jail MiaJ!ation Measure 3.10/3.0: Perform ACouslfcal Studies Why: ~ .' To require acoustical studies prior to future development in the FoothillP 1602 64 ...,~'"".....U&. 65913.8. Public capital facility improvement relal.- ed to development project; prohibition of fee 01'.1' payment including amount for tenance and operation as condition for approval; exceptions. m \(1 /I. t- Ig I.) 5. 6591~.4. 65913.5. Repealed. Density bonus for devew of housing within one-half mile ~ass transit guideway station. e ~ 65913. Legislative findings and declarations (a) The Legislature finds and declares that there exists a severe shortage of affordable housing, especially for persons and families of low and moderate income, and that there is an immediate need to encourage the development of new housing, not only through the provision of financial assistance, hut ahm through changes in law designed to do all of the followin1f (1) Expedite the local and state residential development process * * *: (2) Assure that local governments zone sufficient land at densities high enough for production of affordable housing. (3) Assure that local governments make a diligent effort through the administration of land use and development controls and the provision of regulatory concessions and incentives to significantly reduce hOU'in: development costs and thereby facilitate the development of affordable housing, including housing for elderly persons and families, as defined by Section 50067 of the Health and Safety Code. These changes in the law are consistent with the responsibility of local government to adopt the program required by subdivision (c) of Section 65583. (b) The Legislature further finds and declares that the costs of new housing developments have been increased, in part, by the existing permit process and by existing land use regulations and that vitally needed housing developments have been halted or rendered infeasible despite the benefits to the public health, safety, and welfare of those developments and despite the absence of adverse environmental impacts. It is, therefore, necessary to enact this chapter and to amend existing statutes which govern housing development so as to provide greater encouragement for local and state governments to approve needed and sound housing developments. (Amended by Stats.19S5, c. 1117, S 1.) h o 9 i '. I i 1, I II ! e I t- , J \ . cl t I, Law Review Commentaries Growth control by the ballot box: California's experi- ; ence. Daniel J. Curtin) Jr. and M. Thomas Jacobson, 24 Loy.L.A. L.Rev. 1073 (1991). ~ 65913.2. Limitations on local government regulation of subdivisions In exercising its authority to regulate subdivisions under Division 2 (commencing with Section 66410), a city, county, or city and county shall: (a) Refrain from imposing criteria for design, as defined in Section 66418, or improvements, as defined in Section 66419, for the purpose of rendering infeasible the development of housing for any and all economic segments of the community. However, nothing in this section shall be construed to enlarge or diminish the authority of a city, county, or city and county under other provisions of law to permit a developer to construct such housing. (b) Consider the effect of ordinances adopted and actions taken by it with respect to the housing needs of the region in which the local jurisdiction is situated. (c) Refrain from imposing standards and criteria for public improvements including, but not limited to, streets, sewers, fire stations, schools, or arks, which exceed the standards and criteria bein a lied b the city, county, or city and county at that time to its publicly financed improvements located in similar1;y zoned distJicts within that city, county, or city and county. (Amended by Stats.19S3, c. 367, S 1.) Additions or changes Indicated by underline; deletions by asterisks * *' * , 93 Cal Code 1994 P.P.~2 31 c/ . . ORDINANCE NO. 94- AN ORDINANCE OF THE CITY OF DUBLIN ADDING CHAPTER 5.112 TO THE DUBLIN MUNICIPAL CODE ESTABLISHING A NOISE MITIGATION 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 5.112 is added to the Municipal Code of the City of Dublin to read as follows: "Section 5.112.010 Purpose In order to implement the goals and objectives of the City of Dublin's ("City") General Plan and the Eastern Dublin Specific Plan and to mitigate the impacts caused by future development in the City, certain noise mitigation measures must be implemented. The City Council has determined that a noise mitigation fee is needed in order to implement these noise mitigation measures and to pay for each development's fair share of the implementation costs of the necessary noise mitigation measures. 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 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 5.112.020 Noise Mitiqation Fee Established A. A Noise Mitigation Fee ("Fee") is hereby established to pay for noise mitigation measures necessary to mitigate cumulative impacts identified in the Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report (SCH No. 91103064). 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 noise mitigation measures to be financed, describe the estimated cost of these measures, and describe the reasonable relationship between the Fee and the various types of future developments and set forth time for payment." .' D . . "Section 5.112.030 Use of Fee Revenues A. The revenues raised by payment of the 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 noise mitigation measures designated in the Council resolution and reasonable costs of outside consultant studies related thereto; (ii) To reimburse the City for designated noise mitigation measures 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 noise mitigation measures which have a value in excess of the amount of the Fee payable; and/or (iv) To pay for and/or reimburse costs of program development and ongoing administration of the Noise Mitigation Fee Program." "Section 5.112.040 Developer Construction of Facilities If a developer is required, as a condition of approval of a permit, to construct an improvement that has been designated to be financed with Noise Mitigation Fees and if the improvement has a value in excess of that needed to mitigate 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 5.112.050 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 Noise Mitigation 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 ____ day of , 1995, by vote as follows: AYES: NOES: ABSENT: ABSTAIN: MAYOR ATTEST: CITY CLERK 114\ord\noise -'