HomeMy WebLinkAboutReso 215-11 Multi Fam Deferral Prog
RESOLUTION NO. 215 - 11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ADOPTING A TRANSIT DISTRICT MULTI-FAMILY RESIDENTIAL DEVELOPMENT FEE
DEFERRAL PROGRAM
WHEREAS, the City Council has made economic development a high priority and has
asked Staff to evaluate possible incentives to stimulate new development in Dublin; and
WHEREAS, the City Council desires to develop an incentive to encourage multi-family
residential development in the City's two transit districts - the East Dublin and West Dublin
BART Stations; and
WHEREAS, City Staff have developed a program that would permit developers of
certain multi-family residential projects to defer payment of certain development impact fees
until the time for installation of the first City-released utility meter for the project or, where a
project consists of multiple structures, the developer would be permitted to pay only the impact
fees attributable to individual structures upon installation of the first City-released utility meter for
that structure; and
WHEREAS, the City Council believes that this program would not only encourage multi-
family residential development in these designated areas, but would also encourage more
commercial development activity, particularly in the Downtown Specific Plan area where the
West Dublin BART Station is located, resulting in new jobs and revenues for the City.
NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves the
Transit District Multi-Family Residential Development Fee Deferral Program attached hereto as
Exhibit A for the Fiscal Years of 2011-2012 and 2012-2013.
PASSED, APPROVED AND ADOPTED this 20th day of December, 2011, by the
following vote:
AYES: Councilmembers Biddle, Hildenbrand, Swalwell, and Mayor Sbranti
NOES: None
ABSENT: Vice Mayor Hart
ABSTAIN: None
t:. AJ.'
Mayor
ATTEST:
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City Clerk
Reso No. 215-11, Adopted 12-20-11, Item 8.1
Page 1 of 1
Exhibit A
Transit District Multi-Family Residential :Development Fee Deferral Program
1) Illtellt. This Transit District :-Iulti-Family Residential Development Fee Deferral Program
("the Program") is intended to give developers of elit,rible residential projects the ability to defer
payment of certain fees, described in Section 3 below, lUltil the time of approval by the City of
Dublin Building Division for installation of the first City-released utility meter (electric meter or
gas meter, whichever is first) for elit,rible projects.
2) EIZgible Prqjelfs. Eligible projects are limited to multi-hmily residential development projects
of 20 units or more located in the East and \,' est Dublin Transit Districts as shown in the map
attached hereto as Exhibit 1, and for which either (a) site development review approval has
previously been approved alidhas not expired at the tiine of approval of the Prot,rram or (b) site
development review is obtained within one year of the approval of the Program. ":-Iulti-family"
for the pmposes of tllls program means attached residential units. :-li.\:ed-use projects with a
multi-family residential component that \vould be eligible for the Prot,rram may participate in the
Prot,rram with respect to the Impact Fees applicable to that multi-family residential component
only. In no event shall participation in this Program permit the deferral of any Impact Fees
charged on a single-family residential or non-residential component of any project.
3) Fees that Aft!), Be D~fm-ed Upon satisfaction of all the requirements of this Prot,rram, elit,rible
projects may defer payment of tlie following fees lUltil the time described herein:
a) Eastern Dublin Traffic Impact Fee
b) Downtown Traffic Impact Fee
c) Public Facilities Fee
d) Fire Facilities Fee
(These fees are collectively referred to herein as the "Impact Fees." Participation in this
program would not affect the imposition of any otIler fees tIlat may be imposed and/ or
collected by the City of Dublin, such as the T ri- \" alley Transportation Development Fee;
Pleasanton Interchange Fee; Zone 7 Impervious Surface Fee, etc.)
4) _\pplicants to the Program shall be reqtilled to make an initial deposit of $5,000. Said deposit
shall be used to pay for the City's costs, including fi.\:ed costs, staff time andlet,>al expenses,
associated with processing tIle application and devebping a Program _\t,rreement for the project.
In tIle event that the City's actual costs exceed $5,000, tIle applicant shall be required to make an
additional deposit. In tIle event tll.'lt the City's actual costs are less tll.'ln $5,000, the City shall
return tIle difference to the developer upon developer's payment of all amounts owed under the
Program _\t,rreement. HO\vever, if the City adopts a flat fee as part of the City's most recent Fee
Study findings, the flat fee will be the collected amount.
5) Upon application for participation in tIle Prot,rram, the developers of eligible projects shall be
required to enter lllto a fee deferral at,rreement ("Program _\t,rreement") drafted by the City. The
Program _\t,rreement shall include, but not be litnited to, the followlllg provisions:
Exhibit A
a) Payment of any Impact Fees deferred 1Ulder the Prot,rrammust be made prior to
installation of the first City-released utility meter for the project. \'\11ere a project consists of
multiple structures, the developer may pay only the Impact Fees attributable to a given stmchlre
prior to installation of the t1rst City-released utility meter for that structure. The City shall be
authorized to withhold authorization to install such utility meters lU1til such time as all deferred
Impact Fees relating to the structure served by the utility meter are paid.
b) TIle amount owed by the developer shall be the amount of the deferred Impact Fees
in effect at the time of payment by the developer.
c) The Prot,rram _\greement, identifying the flllancial terms and the debt mved to the City
thereunder, will be recorded against, and constitute a lien on, the property.
d) The developer \vill be required to notify the City upon the opening of escrow for the
sale of the property. The developer shall be required to ensure that the escrO\v instmctions for
any such sale mandate that the City be paiel all amounts owed to it under the Prot,rram
_\greement prior to disbursement of any proceeds to seller. TIllS subsection (d) is not intended
to be applicable to sales or transfers to affiliated entities of dle developer.
1604.:;66.8
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