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HomeMy WebLinkAboutReso 035-90 TIF 1stWestDevRESOLUTION NO. 35 - 90 A RESOLUTION OF THE CITY OF DUBLIN A RESOLUTION IMPOSING A TRAFFIC IMPACT FEE ON PA 89-050 - FIRST WESTERN DEVELOPMENT Recitals WHEREAS, by Ordinance No.l.~!~3--' ~!~96. the City Council has approved a rezoning of the 7+ acre site on the southeast corner of Amador Valley Boulevard and Amador Plaza Road from C-1 to PD, Planned Development and by Resolution No. 34 - 90 the Council has adopted general provisions for such Planned Development (PA 89- 050), (hereafter "the proposed Development"); and WHEREAS, one condition of approval of the Planned Development (Condition No. 10) is that the developer pay a traffic impact or mitigation fee to be used for traffic facility improvements; and WHEREAS, the City Council has authorized a report setting forth the impacts of proposed development on traffic through the year 2005 , which report is being prepared by TJKM, along with an analysis of the need of the public facilities and improvements required by future development; and 1 i mpact2. fee March 28, 1990 WHEREAS, said report will set forth the relationship between the proposed development, the needed facilities and the estimated costs of the facilities; and WHEREAS, a noticed public hearing was held for purposes of considering adoption of this resolution. NOW, THEREFORE, the Council resolves that: 1. The purpose of the said traffic impact fee is to mitigate the traffic impacts caused by development of any structure in the PD, Planning Development District by construction of certain public facilities. 2. The public facilities to be constructed with the traffic impact fee (referred to herein as "the public facilities") are identified in Attachment D-i, attached hereto and incorporated herein by reference. 3. The traffic impact fee is needed in order to finance the public facilities and to pay for the proposed development's fair share of the construction of the improvements and will be used for these purposes. 4. The Council finds the fee to be consistent with the General Plan and, pursuant to Government Code S 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. I impact2.fee March 28, 1990 2 5. The fees collected pursuant to this resolution shall be used to finance the public facilities identified in Attachment D-1. 6. After considering the staff report and the testimony received at this public hearing, the Council approves and adopts said report, and incorporates such herein, and further finds that the proposed development will generate additional demands on municipal services. 7. The report and the testimony establish: (a) That there is a reasonable relationship between the need for the public facilities designated in Attachment D-1 and the impacts of the proposed development for which the corresponding fee is charged; (b) That there is a reasonable relationship between the fee's use and the proposed development for which the fee is charged; (c) That there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the proposed development on which the fee is imposed; and (d) That the cost estimates set forth in Attachment D-1 are reasonable cost estimates for constructing these facilities, and the fees expected to be generated by future 1 i ~act2. fee March 28, 1990 3 developments will not exceed the total costs of constructing the public facilities identified in Attachment D-1. 8. The TJKM report will be a detailed analysis of how public services will be affected by the proposed development~ the existing deficiencies, and the public facilities required to accommodate that development and those deficiencies. The calculations and assumptions in the report can reasonably be applied to the proposed development. 9. The method of allocation of the traffic impact fee to the proposed development will bear a fair and reasonable relationship to the proposed development's burden on, and benefit from, the facilities to be funded by the fee. 10. A traffic impact fee in the amounts to be determined by the method established in the TJKM is hereby imposed, to be paid prior to issuance of a building permit for development of any structure in the Planned Development District. The Council finds that Attachment D-1 is the "plan" required by Government Code ~ 53077.5. 11. (a) The traffic impact fee shall be placed in the Capital Improvement Fund and shall be segregated in separate and special accounts as provided herein and such revenues,along with any interest earnings on each account, shall be used for the following purposes: I ~mpact2.fee March 28, 1990 4 (1) To pay for design and construction of the public facilities described in Attachment D-1 and reasonable costs of outside consultant studies related thereto; (2) To reimburse the City for the public facilities described in Attachment D-i, constructed by the City with funds from other sources, unless the City funds were expended to remedy existing deficiencies as identified in Attachment D-1 or were obtained from grants or gifts; and (3) To pay for and/or reimburse costs of program development and ongoing administration of the traffic impact fee program. 12. The fees collected pursuant to this resolution shall be deposited into deposit accounts for the improvement projects identified in Attachment D-1 and identified by developer or development being charged. 13. (a) Fees in the Capital Improvement Fund, and interest thereon, shall be expended only for those facilities listed in Attachment D-1 and only for the purpose for which the fee was collected; and (b) The standards upon which the needs for facilities are based are the standards of the City. The City has undertaken an extensive capital improvement program to implement 1 impact2. fee March 28, 1990 these standards and the City will r~medy existing deficiencies without using proceeds of the traffic impact fee. 14. The City Manager may develop rules and regulations for the effective implementation and administration of the traffic impact fee. 15. (a) No later than June 30, 1990 and June 30 of each year thereafter, the City Manager shall prepare a report for the City Council identifying the balance of fees in the improvement projects' deposit account, the facilities constructed and the capital facilities to be constructed. In preparing the report, the City Manager shall adjust the estimated cost of the public improvements in accordance with the Engineering Construction Cost Index as published by Engineering News Record for the elapsed time period from the previous July 1 or the date that the cost estimate was developed. The annual report shall also include a review of the administrative charge; and (b) The City Council shall review the report at a noticed public hearing and shall make findings identifying the purpose to which the existing fee balances are to be put and demonstrating a reasonable relationship between the fee and the purpose for which it is charged. 16. The fees imposed herein shall be effective 60 days following adoption of this resolution, but in no event prior to 1 impact2. fee March 28, 1990 adoption by the City Council of a traffic impact or mitigation fee ordinance or resolution setting forth a method of determining the proposed development's proportionate share of the cost of the facilities identified in Attachment D-1. AYES: NOES: ABSENT: PASSED, APPROVED AND ADOPTED this~26th~ day of March, 1990. ATT : ~~ ~"~~l~rk 't Mayor 1 impact2. fee March 28, 1990 7 , ATTACHMENT D-1 Public Facilities to be Constructed with Traffic Impact Fees from PA 89-050 Project Site Project Dublin Boulevard widening between Donlan and Village Parkway 1-580 Off Ramp Dublin Boulevard Parallel Road Signals at Village Parkway & Brighton Drive and Village Parkway & Tamarack Drive Dougherty Road Improvements Cost Estimate $1,345,000 $ 660,000 $3,360,000 $ 285,000 $ 967,000