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HomeMy WebLinkAboutReso 42-11 Tri-Valley Trans Dev FeeRESOLUTION NO. 42 -11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* AMENDING THE TRI-VALLEY TRANSPORTATION DEVELOPMENT (TVTD) FEE SCHEDULE AND APPROVING THE 2011 STRATEGIC EXPENDlTURE PLAN UPDATE PUFtSUANT TO THE REQUIREMENTS OF THE JOINT EXERCISE OF POWERS AGREEMENT WHEREAS, the Association of Bay Governments (ABAG) projects an additional 157,000 new residents, 58,000 new households and 121,000 new jobs in the geographical area comprising the San Ramon Valley, Livermore Valley and Amador Valley by the year 2020; and WHEREAS, unless the traffic impact of additionaf residents, households and jobs is timely and adequately mitigated, the quality of fife for the existing residents of the Cities and Counties within the Tri-Valley area will be adversely affected; and WHEREAS, the City of Dublin entered into a Joint Exercise of Powers Agreement (JEPA) with the Counties of Alameda and Contra Costa, the Cities of Livermore, Pleasanton, San Ramon and the Town of Danville in 1998 - with two subsequent amendments in 2003 and 2009 - to collect TVTD Fees on developments within their respective jurisdictions requiring a Land Use Entitlement to fund off-site infrastn.~cture necessary to mitigate the effects of the ABAG projected growth; and WHEREAS, the Tri-Valley Transportation Council (TVTC) identified and prioritized a list of Projects necessary to provide for the mitigation of the ABAG growth projections; and WHEREAS, the TVTC commissioned a study entitled, "Tri-Valley Transportation Council Nexus Study Fee Update" (the "Study"), which is incorporated herein as Exhibit A, to determine what fees should be collected for each land use to generate sufficient revenue to fund the unfunded cost of the selected Projects: A-2a Route 84 Expressway I-580 to I-680 A-2b Isabel Route 84/I-580 Interchange A-3 I-680 Auxiliary Lanes A-5a I-580 HOV Lane Eastbound p A-5b I-580 HOV Lane Westbound A-7 I-580/Foothill/San Ramon Road Interchange A-9a Crow Canyon Road Improvements Phase 1 A-9b Crow Canyon Road Improvements Phase 2 A-10a Vasco Road Safety Improvements Phase 1 A-10b Vasco Road Safety Improvements Phase 2 A-11 Express Bus/Bus Rapid Transit Page 1 of 5 and Projects from Table 4.2 of the Study; B-1 I-580/I-680 interchange (westbound to southbound) B-2 5th eastbound lane on t-580 from Santa Rita to Vasco Road B-3 I-580/First Street interchange modification B-4 I-580Nasco Road interchange modification B-5 I-580/Greenville Road interchange modification B-6 Jack London Boulevard extension B-7 EI Charro Road Extension B-8 Camino Tassajara widening: East Blackhawk Drive to County line B-10 I-680 SB HOV lane Gap Closure, North Main to Livorna B-11 I-680 Express Bus/HOV On- and Off-Ramps B-11 b I-680 Transit Corridor Improvements; and WHEREAS, the Study was available for public inspection and review for ten (10) days prior to this public hearing; and ` WHEREAS, the TVTC, by Resolution Nos. 2008-05 and 2011-01, directed each of the signatories of the JEPA to increase the development fees to an amount that is still less than what was justified by the Study, to fund the unfunded cost of the Projects in List A as 1st priority and List B as 2"d priority; and WHEREAS, the TVTC acknowledges the need for the creation of additional housing in the Tri-Valley affordable to very low, low, and moderate income households as defined respectively in the State of California Health and Safety Codes Sections 50105, 5007.5, and 50093 or as amended; and WHEREAS, the State of California Housing and Community Development (HCD) encourages affordable housing to remain deed restricted for 45 years for single family residences and 55 years or longer for multi-family projects and by affordability covenants recorded on the property; and WHEREAS, the TVTC waives the TVTD fee for all very low, {ow and moderate income affordable housing units meeting the applicable State of California Health and Safety Code Sections requirements and having a minimum affordability term of 55 years (multi-family) and 45 years (single family) based on the percentage of affordable housing units to the total number of units in the project; and WHEREAS, the Joint Exercise of Powers Agreement specifies that the Fee amounts are to be adjusted automatically on an annual basis to reflect changes in regional construction costs. The amount of the adjustment is based on the changes in the "Construction Cost {ndex" (CCI) for the San Francisco Bay Area, as reported annually in the Engineering News Record (ENR); and Page 2 of 5 WHEREAS, the City Council finds as follows: A. The purpose of the TVTD Fee is to finance Transportation Improvement Projects needed to reduce the traffic-related impacts caused by future development in the Tri-Valley Development Area, including Dublin. The Transportation Improvement Projects are all necessary to accommodate new development projected within the Tri-Valley Development Area, including development within Dublin; B. The fees collected pursuant to this resolution shall be used to finance the Transportation Improvement Projects; C. After considering this Study, the City Council finds that future development in Dublin will generate the need for the Transportation Improvement Projects and the Transportation Improvement Projects are consistent with the City's General Plan and the Specific Plan; D. For the purposes of the California Environmental Quality Act (CEQA), the Council finds that the adoption of the TVTD fee is not a"project" under CEQA Guidelines section 15378(b)(4). While the TVTD fee is intended to offset development impacts on regional traffic facilities by funding improvements to those facilities, the proceeds of the TVTD fee are not, at this time, being committed to any specific project which "may result in a potentially significant physical impact on the environment;" E. The record establishes: 1. That there is a reasonable relationship between the need for the Transportation Improvement Projects and the impacts of the types of development for which the corresponding fee is charged in that new development in the City of Dublin -- both residential and non-residential -- will generate traffic which generates or contributes to the need for the Transportation Improvement Projects; and 2. That there is a reasonable relationship between the TVTD Fee's use (to pay for the construction of the Transportation Improvement Projects) and the type of development for which the TVTD Fee is charged in that all development in Dublin -- both residential and non-residential -- generates or contributes to the need for the Transportation Improvement Projects; and 3. That the cost estimates set forth in the Study are reasonable cost estimates for constructing the Transportation Improvement Projects, and the TVTD Fees expected to be generated by future development will not exceed the projected cost estimates of constructing the Transportation Improvement Projects contained in the Study; and 4. The method of allocation of the TVTD Fee to a particular development bears a fair and reasonable relationship to each development's burden on, and benefit from, the Transportation Improvement Projects to be funded by the TVTD Fee, in that the TVTD Fee is calculated based on the number of automobile trips each particular development will generate. Page 3 of 5 NOW THEREFORE, BE IT RESOLVED AS FOLLOWS: Section 1. That the City Council of the City of Dublin adopts the following regional impact Fee Schedule, as requested by the TVTC, and will, at the time indicated, collect these fees from any development within the jurisdiction of the City of Dublin that would be granted a Land Use Entitlement for each of the designated land uses for the Fiscal Years indicated, and finds that said Fee Schedule is determined by the Study to be necessary to generate sufficient revenue to fund portions of the unfunded cost of the listed Projects: FY 2010/2011 through December 31, 2011 Fee Schedule (Existing/No Change) Fee Per Unit Single Family Homes $2,170 Du* Multi-Family Homes $1,380 Du* Office $3,890 1,OOOsf Retail $1,450 1,OOOsf Industrial $2,640 1,OOOsf Other $2,170 PHT** Affordable Housing $0 Du* Calendar Year 2012 (beginning 1/1/2012) Fee Per Unit Single Family Homes $3,053 Du* Multi-Family Homes $2,104 Du* Office $5,191 1,OOOsf Retail*** $3 400 OOOsf 1 Industrial , $3,020 , 1,OOOsf Other $3, 053 PHT** Affordable Housing $0 Du* Calendar Year 2013 (beginning 1/1I2013) Fee Per Unit Single Family Homes $4,275 Du* Multi-Family Homes $2,945 Du* Office $7,270 1,OOOsf Retail*** $3,400 1,OOOsf Industrial $4,230 1,OOOsf Other $4,275 PHT** Affordable Housing $0 Du* * Du = Dwelling Unit; ** PHT = Peak Hour Trip; *** Retail is set at 15% of maximum for FY2011 /12 to FY 2029/30 Section 2. The City Council of the City of Dublin authorizes the Dublin TVTC representative to approve the proposed 2011 Strategic Expenditure Plan Update, which is incorporated herein as Exhibit B. Page 4 of 5 Section 3. This resolution shall become effective sixty (60) days from the date it is adopted, provided that the same Fee Schedule is adopted by the County of Alameda, the County of Contra Costa, the Cities of Pleasanton, San Ramon and Livermore and the Town of Danville, and that said Fee Schedules are also effective at that time. If such jurisdictions have not all adopted the same Fee Schedule to be effective within sixty (60) days from the date this Resolution is adopted, then this Resolution shall be effecfiive when the same TVTD Fee Schedule becomes effective in all six jurisdictions. PASSED, APPROVED AND ADOPTED this 19th day of Aprit, 2011, by the following vote for AMENDING THE TRI-VALLEY TRANSPORTATION DEVELOPMENT (TVTD) FEE SCHEDULE: AYES: Councilmembers Biddle, Hildenbrand, Swalwell, and Mayor Sbranti NOES: Councilmember Hart ABSENT: None ABSTAIN: None ~~ , ~~~ Mayor ATT T: ~~ . City Clerk PASSED, APPROVED AND ADOPTED this 19th day of April, 2011, by the following vote for APPROVING THE 2011 STRATEGIC EXPENDITURE PLAN UPDATE PURSUANT TO THE REQUIREMENTS OF THE JOINT EXERCISE OF POWERS AGREEMENT: AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ~~ . Mayor ATT ST: ~ ~ City Clerk Reso No. 42-11, Adopted 4-19-11, Item 6.1 Page 5 of 5