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HomeMy WebLinkAboutReso 211-04 TIFAdminGuidelines RESOLUTION NO. 211 - 04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN **tIIt""""""*** ESTABLISHING ADMINISTRATIVE GUIDELINES RELATED TO DOWNTOWN TRAFFIC IMPACT FEES WHEREAS, the City Council has established a Traffic Impact Fee (TIF) applicable to development occurring in all areas west of Dougherty Road and the Iron Horse Trail referred to as the "Downtown Area"; and WHEREAS, the Downtown TIF was adopted on October 19, 2004 by Resolution 210-04; and WHEREAS, Resolution 210-04 provides for the adoption of Administrative Guidelines (hereafter "Guidelines") by City Council Resolution; and WHEREAS, the intent of the Guidelines is to provide procedures for reimbursement, credit, and other administrative aspects of the Downtown TIF Program; and WHEREAS, Guidelines have been prepared which address common issues related to the collection of the TIF and administration of credits and reimbursement; and WHEREAS, the Guidelines as prepared are consistent with the requirements of Resolution 210-04 and existing laws and regulations; and WHEREAS, "Draft Copies" of the Guidelines were distributed to Interested Parties for their review and comment prior to consideration by the City Council; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby adopt the Guidelines attached hereto as Exhibit A and by reference made a part hereof PASSED, APPROVED AND ADOPTED this 19th day of October, 2004. AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika, and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None ATTEST: ~~~.; De uty City Clerk G: ICC-MTGS\2004-qtr4\Oct\1 0-19-04\reso-tif admin gdeln.DOC (Item 6.4) CITY OF DUBLIN DOWNTOWN TRAFFIC IMPACT FEE ADMINISTRATIVE GUIDELINES I. Introduction/Overview These guidelines apply to the Downtown Traffic Impact Fees (hereafter known as the "Fee" or "Fees") adopted by the City of Dublin through Resolution W-04 (hereafter "Resolution") and any subsequent replacement resolution. Terms used in these guidelines shall be defined in the same manner as such terms are defmed in the Resolution. The administrative guidelines provide procedures for calculation of the Fee, calculation and use of credits and reimbursements, and other administrative aspects of the Fee. The administrative guidelines establish the authority for providing credits and/or reimbursements to developers who construct and/or dedicate any of the improvements and facilities for which the Fee is imposed (TIF facilities). When such public improvements and facilities are constructed and/or dedicated by a developer, the developer shall be given a credit to be applied against the Fees due for the development project. The amount of the credit shall be determined pursuant to Section VI of these guidelines. If the amount of the credit is greater than the Fees due for the development project, the developer may use the credit toward the Fees for another development project or transfer the credit to another eligible developer in Downtown Dublin in accordance with these guidelines. If the developer cannot use or transfer the credit before all of the TIF improvements are completed, then the credit wil1 convert to a reimbursement right, which will commence when all of the TIP improvements are completed. The application of these guidelines will, at times, refer to various reference documents adopted by the City of Dublin. These documents include the City's General Plan, the Specific Plans, the most recent Traffic Impact Fee Study, and various other Downtown I IT A. ,..,--,.." R.eso t...U. 71 Þ¡f,) TO es~USIf A-ðmIA.lI~ TRA..Z'pII¡$ ~vp$S Downtown Traffic Impact Fee Administrative Guidelines Page 2 fee studies and updates. Such reference documents are subject to change and may affect the application ofthese guidelines. II. Authority of City Manager To Interpret Situations Not Covered Should situations arise not covered by these guidelines, the City Manager will have the authority to determine how the resolutioI!s, ordinances, guidelines and agreements will be administered. Such interpretations by the City Manager will be in writing. III. Fee Calculation A. Imposition of Fees Except as exempted under subsection 'D.' of this section, Fees are imposed on all development in Downtown Dublin as set forth in section '2.' (Traffic Impact Fee Imposed) of the Resolution incorporated in these guidelines by reference. The Administrative Services Department serves as the lead department to gather and coordinate the information necessary to calculate the Fee. The Community Development Department is responsible for determining the intended land use. The Public Works Department is responsible for determining the number of vehicle trips assigned to the project. Unless otherwise provided, the Fee will be collected with the payment for the building permit·for the development project. B. Effective Fees The Fees owed by a development project will be those in effect when the building permit is obtained. This section shall be applicable whether the fees are paid in cash or a credit is used. Downtown Traffic Impact Fee Administrative Guidelines Page 3 c. Basis for Calculating Fees The Fees for residential development projects will be calculated based upon the per unit Fee for each of the categories noted in the Resolution (i.e., Low Density Residential, Medium Density Residential, MediumlHigh Density Residential, High Density Residential) and/or any subsequent replacement resolution. The Fees for non-residential development are calculated on a per average weekday vehicle trip basis. The number of average weekday vehicle trips for each type of development is determined by the land use categories specified in Exhibit D to the Resolution. However, if the Public Works Director determines that the land use of the development project is not specifically listed on Exhibit D to the Resolution, then the Public Works Director will undertake a specific traffic study, to be paid for by the applicant, for the purpose of determining the estimated trip generation of the proposed development project. For mixed-use development projects, involving residential and/or non-residential uses, the Community Development Director will determine the projected percentage of each non-residential use at the time the Final Map or other appropriate entitlement is approved. The Fee will be calculated on a pro-rata basis among the various rates stated for each different use. As an example, if a large single building is divided between commercial office space and industrial warehouse space and the uses are unknown at the time of obtaining a building permit and the building permit does not include adequate interior details to determine the intended use, the use for the initial Fee calculation purposes will be assumed as "Industrial without Retail". Any additional Fees owed as a result of a different final use of the property will be calculated and collected at the time that a building permit is issued for interior tenant improvements. This fee calculation shall be at the rate in effect at the time the Downtown Traffic Impact Fee Administrative Guidelines Page 4 building permit for tenant improvements is issued. No refund of Fees will be given if the resulting uses are different from the projected land use. The Fee for the residential portion of a mixed-use development project shall be based on the proposed number of units, in a manner similar to when the Fee is calculated for an exclusive residential development project. The average weekday trip generation rate for any land use, which is not specifically listed oil Exhibit D to the Resolution, including, but not limited to, public/semi-public uses, shall be determined by the Public Works Director. Affordable housing projects developed by government agencies and non-profit entities will be subject to the same Fees that are assessed on private residential development. D. Exemptions Exemptions from the Fee will be given to certain development in Downtown Dublin as set forth in section '5.' (Exemptions from Fee) of the Resolution incorporated in these guidelines by reference. IV. Fee Collection Á. Payment of Traffic Impact Fees for Non-Residential Development The Fee for non-residential development will be due and payable at the issuance of a building permit and will be collected by the Building & Safety Division. The number of estimated average weekday vehicle trips, determined as described in Section III.C., above, multiplied by the non-residential Fee per trip, will be the basis for the collected Fee. The square footage or other appropriate measure as identified on the building permit will be the basis for determining the number of trips on Exhibit D to the Resolution. Following is an example: Downtown Traffic Impact Fee Administrative Guidelines Page 5 Non-Residential Fee Example: Assume that the development project is a 15,540 square foot standard commercial office building. The estimated weekday vehicle trip generation rate for this type of development is 20 trips per 1,000 square feet, and the Fee is $136 per trip for non-residential development. FEE CALCULATION: 15,540 square feet/I,OOO square feet = 15.54 x 20 trips = 311 trips x $136 per trip = $42,296 Traffic Impact Fee. Amendments to a non-residential building permit which result in 500 additional square feet of operational space or more shall result in additional Fees owed based on the added area. B. Payment of Traffic Impact Fees for Residential Development If the City incorporates the Improvements described in the Resolution into its annually adopted long-term Capital Improvement Program (CIP), then the Fees for residential development will be due and payable at the issuance of a building permit. Prior to the incorporation of these facilities into the CIP, the Fees will not be due until the dwelling is issued a Certificate of Occupancy. The developer may voluntarily pay the full fee when the building permit is issued or as otherwise appropriate under applicable law. C. Payment of Fees in Excess of $20,000 When the amount of payment for Fees exceeds $20,000 on any given day, payment shall be made in one of the following ways: I) paid by check drawn on a bank within the State of California, 2) paid by cashier's check, or 3) if paid in same day funds by a wire transfer, the wire transfer must be pre-arranged with the City's Finance Division. Downtown Traffic Impact Fee Administrative Guidelines Page 6 D. Payment Records The Administrative Services Department will record the payment of the Fees. Records will be maintained to comply with refunding requirements as prescribed by State Law. The Administrative Services Department will Qbtain a mailing address ITom each payee, as well as the applicable Assessor's Parcel Number, and will note the payee as the entity or person whose name appears as the applicant for the building permit. The Finance Division will maintain the records for a period of twenty years ITom their collection, unless a legal mandate exists for a longer retention. V. Allotment of Developer Fee Credits The City understands the practicality of having developers construct and/or contribute some of the TIP facilities described in the Resolution and any subsequent replacement resolution. For this reason, the City will allot fee credits against the collection of Fees for constructing or contributing TIP facilities. A. Fee Credit / Reimbursement Agreement Required The allotment of fee credits and/or provision for a reimbursement will only occur in accordance with a written credit/reimbursement agreement between the City and the developer responsible for the construction of the TIF facilities or dedication of TIP right of way. 1. All fee credits will be granted by use of a standard agreement approved by the City Attorney. 2. This credit/reimbursement agreement will be entered into at the time the improvements are secured and/or the right-of-way is accepted for dedication. The terms of this agreement may, at the City's discretion, be included in the agreement entered into with the City to secure certain Downtown Traffic Impact Fee Administrative Guidelines Page? public improvements as contained on a Final Parcel Map or Final Subdivision Map. 3. The developer will pay an administrative fee, as established in the City's Master Fee Schedule, prior to execution of the credit/reimbursement agreement. The purpose of this administrative fee is to cover the administrative costs associated with establishing and monitoring the credit/reimbursement agreement. 4. Any credits, which are unused before all of the TIF improvements are completed, shall convert to a right to reimbursement. The right to reimbursement will commence when all of the TIP improvements are completed. 5. Neither a credit nor the right to reimbursement shall be increased for inflation or accrue interest. 6. Credits are transferable, with the written approval of the City Manager, provided the credit is transferred to a person/firm having a legal interest in real property within the area subject to the Fee and provided that the administrative transfer fee is paid, as specified in Section IX.A. of these guidelines. 7. The credit/reimbursement agreement will indicate that the developer has obtained a copy of these administrative guidelines and they were read and understood. Downtown Traffic Impact Fee Administrative Guidelines Page 8 VI. Calculating the Fee Credits A. General The fee credit/reimbursement agreement will identify the total credit for TIP facilities constructed or right of way dedicated for a particular development project. The contributed land or improvements must be the facilities described in the Resolution and/or any subsequent replacement resolution. B. Determination of Value The Public Works Director will determine the value of the contributed facilities based upon improvement plans submitted by the developer and approved by the City, which plans shall quantify the size of the TIP facilities to be constructed or dedicated. It is recognized that in some cases the scope of construction or dedication will not exactly match the TIP facilities shown in Attachment B-1 to Exhibit B to the Resolution and in Exhibit C to the Resolution. The credits will be the lesser of the following: a) the estimated cost of the improvements as noted in the Resolution and/or any subsequent replacement resolution; or b) the pro- rated value of the improvement using the standard cost measurements in the Resolution and/or any subsequent replacement resolution. The Fee credits cannot exceed the cost estimates of the improvements in the most recent Fee study and resolution. In no case shall the fee credits include facility financing costs. Illustrative Example J: Assume that a developer dedicates land for the partial widening of a major street to offset the Fees due rrom a development project. To qualify for a credit, this roadway widening project must be included in the TIP. For each TIF improvement, the Resolution used the appropriate cost measurement per square foot for right-of-way dedication in calculating the TIF. The Fee credits due to the developer can be calculated by determining the square footage of the land to be dedicated multiplied by the proper square foot cost measurement after automatic annual adjustments based on the change in land acquisition costs. Downtown Traffic Impact Fee Administrative Guidelines Page9 Illustrative Example 2: A Developer constructing multi-family homes contributes traffic signal improvements (TIP improvement) valued at $100,000. Assume that the Fee totals $1,360 per dwelling unit. The credit of $100,000 will cover approximately 73.53 dwelling units. When the building permit is issued for the 74th dwelling unit, the developer will have used up the credit and will have to begin paying the Fee. VII. Use of Fee Credits A Credits expire when used or when all of the TIF improvements are completed, whichever occurs first. B. In the event the fee credits are unused before all of the TIP improvements are completed, the fee credit shall convert to a reimbursement right as provided for under Section X and XI of these guidelines. C. The value of the credits will be listed in the agreement and tracked as they are used by the developer. D. Only the developer who builds or dedicates the TIF facilities will be entitled to the original or initial credits, until such time as they may be transferred in accordance with these guidelines. VIII. Use of Fee Credits requires Completion of Facility or Performance Bonds Fee credits cannot be used by the developer until the developer has either: 1. Dedicated the land or improvements representing the credits to the City; or 2. Provided the City with a performance bond and a labor and materials bond or other adequate security to insure that the improvements will be constructed prior Downtown Traffic Impact Fee Administrative Guidelines Page 10 to the first Certificate of Occupancy for any building that is part of the project. The performance bond or other security shall be in an amount equal to 100% of the engineer's estimated cost to construct the improvements and the labor and materials bond shall be written by a surety licensed to conduct business in the State of California and approved by the City Manager. Illustrative Example: Assume a developer is in the midst of completing certain street improvements, which will be dedicated to the City to offset a portion of the Fee. The developer supplies the City with a right-of-way conveyance, a performance bond and a labor and materials bond for the completion of the street improvements. Fee credits can be used in advance of completing the improvements, since the City is assured that the land will be dedicated and the improvements will be completed. IX. Transferring of Credits A. The original holder of credits can request a transfer of credits to a person owning an interest in property that is subject to the TIP. Such transactions shall be subject to an administrative transfer fee, which shall cover the City's administrative costs associated with the credit transfer. The administrative transfer Fee is included in the City's Master Fee Schedule. B. There is no limit on the number of times that credits can be transferred between developments. X. Reimbursement Rights Reimbursement rights are created from the converSIOn of Fee credits, which occurs when all of the TIF improvements are completed. ReÏmbursement will be only from funds collected as Downtown Traffic Impact Fees, and will not come from the City's General Fund. Downtown Traffic Impact Fee Administrative Guidelines Page 11 XI. Process for Reimbursement of Reimbursement Rights Within one year after all TIF improvements are built, the Administrative Services Department will make an accounting of the TIP funds that are unspent as of the completion date of all the TIF improvements. The City will use the remaining funds that are unspent to reimburse holders of reimbursement rights for facilities already contributed, if any such reimbursement rights exist. Reimbursements will be made in order of creation of the credit/reimbursement agreements. XII. Other Miscellaneous Administrative Guidelines A. Procedures for Construction of Designated Facilities by Developers The improvements to be constructed or dedicated must be submitted to and approved by the Public Works Director no later than 14 calendar days prior to the approval of the Final Map by the City Council on the development project. The submittal of the improvement plans and/or description of area to be dedicated shall be in sufficient detail as determined by the Public Works Director. The developer constructing or dedicating improvements in lieu of paying a portion of the Fee must post a performance bond before the issuance of any grading and/or building permits for the construction of the improvements. B. Refunds Refunds of withdrawn applications will be done m accordance with existing procedures for paid building permits. · Payable to entity making payment or property owner of record. · Payable in accordance with State Law. · Not applicable to letters of credit, survey bonds or other instruments taken to secure payment. Downtown Traffic Impact Fee Administrative Guidelines Page 12 C. Annual Review of Fee Collection The City has existing procedures for complying with State Law in regards to accounting for developer Fees. The Administrative Services Department will maintain records to provide the following items: · A brief description of the Fee; · An identification of the improvements and the percentage of cost of the improvements which the Fee will be expended upon; and · For improvements which are funded and yet to be completed, an identification of an expected date by which construction of the facilities will commence. D. Funds and Accounting The City will incorporate the following items into its accounting procedures, which are the responsibility of the Administrative Services Department: · The City will maintain a separate fund for the collection and expenditure of Fees. · The City will allocate interest to Fees collected in the fund based upon month end cash balances. · The City will identify in accordance with State Law the beginning and ending balance of the funds held for the Fee as of fiscal year end. · The City will identify the amount of Fees collected and interest earned in each fiscal year for Fees. · The City will file an annual accounting of all development impact fees, including the Downtown traffic Impact Fee, with the City Council and for public inspection within 180 days of each fiscal year end. _..~¿. Downtown Traffic hnpact Fee Administrative Guidelines Page 13 XIII. Guidelines for Issuing Trip Credits Credit will be issued for daily trips generated by an existing land use, or by the most recent land use if the site has been vacant for a period of three years or less prior to the date when a project application is filed with the City. A Fee shall be charged and paid for changes to existing land uses, businesses and/or tenants that require discretionary approval by the City (i.e., Site Development Review, Conditional Use Permit, Tentative Map, Rezoning, Specific Plan Amendment or adoption, General Plan Amendment), if the new use is expected to create a net increase of 100 trips or more during the AM or PM peak hour, after subtracting the credited trips. AM and PM peak hour trips for existing and proposed land uses will be based upon trip generation rates obtained from ITE Trip Generation, SANDAG Traffic Generators, or other sources, as determined by the Public Works Director. G:\Downtowr¡ TIF\2004 Downtown TlFIFinalladmjr¡ guidelinesßnal.DOC