HomeMy WebLinkAboutReso 198-03 FeeGenPlnEstDubSPRESOLUTION NO. 198 - 03
RESOLUTION OF THE CITY COUNCIL
oF CITY OF OVBLm
ADOPTING A FEE TO RECOVER COSTS OF PREPARING AMENDMENTS TO THE
GENERAL PLAN AND T~ EAS~ DUBLIN SPECIFIC PLAN
WHEREAS, property located in a portion of the City of Dublin was recently annexed to the City
pursuant to Local Agency Formation Commission ("LAFCO") Resolution No.02-19, approved on March
26, 2002, referred to as the Eastern Dublin Property Owners area ("EDPO"), and shown on Exhibit A;
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 m begin the process of updating land use and other
planning for the EDPO by preparing the necessary studies and documents, including a Resource
Management Plan, for possible adoption of a General P!~ ~ndmem ~d.'.Eastem Dub!~n,Spe~fie Plan
Amendment ("GPA" and "SPA", respectively, or "amendments"), associated environmentm work
required pursuant to the California Enviromental Quality Act ("CEQA") and associated Staff time, legal
expenses, and the cost of consultants; 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
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 ora 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 EDPO and who apply for various
discretionary approvals 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 EDPO would benefit from the preparation of
amendments to the Dublin Plan and the Eastern Dublin Specific Plan; and
WHEREAS, the City has commenced planning efforts in support of the adoption of the GPA and
SPA, including contracting to prepare a Resource Management Plan; and
WHEREAS, it is difficult to segregate the costs involved in planning efforts for the EDPO
between the GPA and the SPA; and
WHEREAS, the costs to date of commencing planning efforts in support of the adoption of the
GPA and SPA, including the consultant contract to prepare the Resource Management Plan, the City's
administrative and overhead costs, such as personnel, maintenance, operation, professional services, and
capital costs, and attorneys' fees, are as shown on Exhibit B hereto; and
WHEREAS, Staff recommends that the City Council of the City of Dublin first adopt a fee
("Fee") calculated to recover the costs to date of commencing planning efforts in support of the adoption
of the GPA and SPA as shown on Exhibit B; and
WHEREAS, Staff recommends that the City Council of the City of Dublin, upon completion of
the GPA and SPA, adopt a resolution updating the fee to recover the full costs incurred by the City in
preparing the amendments, including the unknown, yet anticipated, costs for land planning and
environmental review; and
WHEREAS, in adopting the 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 ten days prior to the
public hearing at which this resolution was considered; and
WHEREAS, 10 days advance notice of the public heating at which this resolution was considered
was given by publication; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin finds as
follows:
A. The purpose of the Fee set forth in this resolution is to, first, reCover the actual or
committed costs through July 31, 2003 of commencing planning efforts in support of the adoption of the
GPA and SPA, and upon completion of the amendments, to recover up to the full recoverable costs
incurred by the City in preparing the amendments.
B. After consideration of Exhibit B, the testimony received at a noticed public heating, the
agenda report, the background documents to the agenda report, and all correspondence received, the City
Council of the City of Dublin concludes that developers and property owners of the EDPO seeking to
exercise entitlements benefit from amendments of the General Plan and Eastern Dublin Specific Plan.
C. Adoption of the Fee set forth in this resolution, as it relates to services provided by the City
to developers and property owners of the EDPO seeking to exercise entitlements, is intended to recover
costs necessary to amend the General Plan and Eastern Dublin Specific Plan. 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 costs to date of commencing planning efforts in support of the adoption of the
GPA and SPA, and that the recommended Fee is a necessary first step in recovering the reasonable costs
of preparing the amendments.
AND BE IT FURTHER RESOLVED that the City Council of the City of Dublin does resolve as
follows:
Section 1.
GPA and SPA Fee Imposed.
Fee for the EDPO 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.
Section 2.
Application of and Time for Pawnent of Fee.
Except as provided in Section 5, of this resolution, the applicant shall pay the Fee listed in
Exhibit B at the time of the first to occur for any of the following approvals for the EDPO:
a. a land use, conditional use, or similar permit;
b. a variance;
c. a tentative subdivision or parcel map;
d. site development review;
e. a development agreement;
£. rezoning;
g. any other discretionary approval granted by the Community Development Director,
Planning Commission, or City Council for which a finding of consistency with the specific
plan is required by state law; and
h. a building permit.
Section 3. Basis for Fee.
The amount of the Fee shown on Exhibit B is based on the costs to date of commencing
planning efforts in support of the preparation of the. GPA and SPA. Upon completion of
the amendments, the City Council °fthe City of Dublin will adopt a resolution updating
the Fee to reflect the final costs of preparing the amendments, including the unknown, yet
anticipated, costs for land planning and environmental review.
Section 4. Subsequent .Applications.
If an applicant pays the Fee when applying for an initial discretionary approval, before the
Fee has been updated by the City to reflect the final cost of preparing the GPA and SPA,
the applicant, upon seeking approval of a building permit, will be required to pay the
difference between the Fee paid and the updated Fee. Once the Fee is paid in full, any
subsequent application for the same property shall not be required to pay the Fee.
Section 5. Exemptions.
The following kinds of approvals are exempt from the 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.
Section 6.
Revision of Fee.
The Fee shall be reviewed annually to assure that the assumptions underlying the
calculation of the Fee remain valid and that s~cient ~d5 ~ebeing collected. If the Fee
is found inadequate, the City Council may revise it by resolution.
Section 7. Severabili _ty.
The Fee adopted by this resolution and all portions of this resolution are severable. Should
the Fee or any portion of this resolution be adjudged invalid and unenforceable by a body
of competent jurisdiction, then the remaining 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 each of the Fee and this resolution and each section, subsection, clause,
sentence, phrase and other portion thereof, irrespective of the fact that the 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 BY the City Council of the City of Dublin on this 7th day
of October 2003, by the following votes:
AYES:
Councilmembers Oravetz, Sbranti and Zika and Mayor Lockhart
NOES: None
ABSENT: Councilmember McCormick
ABSTAIN: None
ATTEST: ~~.~ C.~~
K2/G/10-7-03/reso-fee- pe~doc (Item 6.1)
g:pa00-025/CC staffreports and resos/c¢ 10-03 reso reimburse fee agmt
Mayor
EXHIBIT A to Attachment 1
Map of Fee Area
i
EXHIBIT B to Attachment 1
GENERAL PLAN AND SPECIFIC PLAN AMENDMENTS FEE CALCULATION
Costs To Date (costs incurred through July 31, 2003) of Planning Efforts in
Support of Adoption of General Plan and Specific p!an ~me~d~ents
Cost of contract to prepare Resource
Management Plan:
City's Staff time, professional
services, and capital costs:
City Attorneys' fees:
Land Planning:
Environmental Review:
(All costs include City's administrative and
overhead costs)
$209,635
$18,871
$ 8,610.00
Anticipated future co~s, unknownmthistime
Anficipatedfuture costs, unknownmthistime
TOTAL
Gross Acreage under Eastern Dublin
ProPerty. Owners AnnexatiOn Area:
Pe, r Acre F~e (rounded to the nearest whole dollar)
for Costs to Date of
Planning Efforts in Support of
Adoption of General Plan
and Specific Plan ,Amendments:
$23~11600
1,119
$212.00