HomeMy WebLinkAboutItem 7.1 EastDubTraficImpactFee
CITY CLERK
File # D6J[9J[Q]-[Zfj]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 16,2004
Revision to Eastern Dublin Traffic Impact Fee (EDTIF)
Administrative Guidelines, Regarding the Extension of Credit and
Reimbursement Terms
Report Prepared by: Mark Lander, Acting City Engineer
SUBJECT:
ATTACHMENTS:
1)
Resolution Revising Administrative Guidelines Related to
Eastern Dublin Traffic Impact Fees, together with Exhibit
"A", Revised Administrative Guidelines
Red-Lined Version of Existing Guidelines Administrative
Guidelines, for purposes of comparison
Eastern Dublin Traffic Impact Fee Update (Staff Report,
June 15,2004, without attachments)
Resolution No. 04-111, Revising the Traffic Impact Fee and
Area of Benefit Fee for Future Developments Within the
Eastern Dublin Area, June 15, 2004, without Exhibits
Exhibit "C" to Resolution No. 04-111 (Traffic Impact Fee
Schedule)
Resolution No. 23-99 (Adopting Administrative Guidelines,
February 16, 1999)
2)
3)
4)
5)
6)
RECOMMENDATION:~ Adopt the Resolution Revising Administrative Guidelines Related to
Eastern Dublin Traffic Impact Fees
~
FINANCIAL STATEMENT:
The cost of unused fee credits is included as a cost to the EDTIF
program, and is therefore included in the current fee rates.
Increasing the life span of unused credits (or future rights to
reimbursement) will help ensure that developers will have the
opportunity to use these credits before expiration, and will not result
in an additional cost to the EDTIF.
DESCRIPTION: The Eastern Dublin Traffic Impact Fee (EDTIF), which was
originally established in January 1995, was revised in April 1996, again in December 1999, and most
recently on June 15, 2004. The City Council last adopted administrative guidelines for the Fee program
_ _ _ _ _ _ _ _ _ _ _ _ _ _1IIIiII1III _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - --
COPIES TO:
Mark McClellan, MacKay & Somps
Martin Inderbitzen, Attorney for Un Family
Stuart Cook, Alameda Co. SPA
ITEMNO.~
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G: IEDT/ F Update IStqff Report EDT! F Admin Guildelines Revisions, 11-/6-04. doc
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on February 16, 1999, under Resolution No. 23-99 ("the Guidelines"). Under the Guidelines, EDTIF
credits will remain in effect for ten (10) years, after which the credits revert to a right of reimbursement
for an additional ten (10) years.
The public comments received during the 2004 EDTIF update included a request £rom the Alameda
County Surplus Property Authority that the Guidelines be modified to increase the lifespan of EDTIF
credits, due to concerns regarding the proposed increase in the minimum cash payment for EDTIF fees.
Since the higher minimum cash payment will decrease the amount of existing credits that can be used with
each building permit, it will take a longer period of time for credit holders to utilize the remainder of
existing credits. This could result in the loss of credits should the ten-year limit be exceeded.
The property owners requested that consideration be given to extending the credit life. The Staff Report
for the 2004 EDTIF Update included the indication that Staff would return at a later date with
recommendations to possibly amend the Guidelines to extend the life of the credits/reimbursements, as
deemed appropriate.
Following internal discussion, Staff proposed that the Guidelines be revised to extend the life of the
credits by an additional five years (fifteen years total), with the right-to-reimbursement continuing for an
additional ten years (twenty-five years past the date of execution for the original credit agreement).
Responsibility for requesting the extension will be the credit holder's. Extension requests will be
processed only if one year or less remains on the life of the credit prior to expiration. If an extension is
granted, it will be necessary to prepare and execute a replacement credit agreement stating the new
expiration date of the extended credit life. A nominal fee will be charged for processing the extension.
A letter explaining the proposed revisions was sent to all credit holders. One response to the letter was
received from Martin Inderbitzen, representing the Lin Family, which concurred with the proposed
revision, with one suggested modification. The suggested modification was that credit holders, upon
reaching the ten-year life span of the original credit agreement, be given the option of (a) increasing the
credit life by an additional five years, to be followed by a ten-year right-to-reimbursement, or (b)
converting the credit to a fifteen.:.year right-to-reimbursement.
This option would provide a developer with greater flexibility in the use of credits and is recommended by
Staff. At the tenth year, a credit holder with remaining undeveloped land would have the ability to use
credits against future fees, and would obtain some value from the additional five-years of credit. On the
other hand, a developer whose land was built out would see little value in the additional credit life, and
would see more benefit in the right-to-reimbursement.
The revised Administrative Guidelines also include revisions to require that funds collected £rom the new
Section II Residential Parking Garage Fee be deposited in a separate account to be used for the sole
purpose of funding the cost of500 spaces in the Eastern Dublin Transit Center BART garage structure.
RECOMMENDATION
Staff recommends that the City Council adopt the Resolution revising Administrative Guidelines related
to Eastern Dublin Traffic Impact Fees.
Page 2 ~~
ItJ(JS1
RESOLUTION NO. -04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
REVISING ADMINISTRATIVE GUIDELINES RELATED TO
EASTERN DUBLIN TRAFFIC IMPACT FEES
WHEREAS, the City Council has established a Traffic Impact Fee (TIF) applicable to
development occurring within the Eastern Dublin Specific Plan Area; and
WHEREAS, the current TIF was adopted on June 15,2004, with Resolution 111-04; and
WHEREAS, the City Council previously adopted Resolution 23-99 on February 16, 1999,
establishing Administrative Guidelines; and
WHEREAS, the intent of the Guidelines is to provide procedures for reimbursement, credit, or
other administrative aspects of the Traffic Impact Fee Program; and
WHEREAS, the adoption of Resolution 111-04, establishing the fee program, requires certain
revisions to the Administrative Guidelines in order to maintain conformance with the fee program; and
WHEREAS, the previously adopted guidelines have been revised to bring the guidelines into
conformance with the fee program; and
WHEREAS, the revised Guidelines, as prepared, are consistent with the requirements of
Resolution 111-04 and existing laws and regulations; and
WHEREAS, "Draft Copies" of the revised 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 revised Eastern Dublin Traffic Impact Fee Administrative Guidelines, attached hereto as
Exhibit "A", and by reference made a part hereof to supersede all prior versions of the Guidelines.
PASSED, APPROVED AND ADOPTED this 16th day of November, 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
,\-It.D...~+ ;¡/
ATTACHMENT
I.
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EXHIBIT "A" OF RESOLUTION ·04
CITY OF DUBLIN
EASTERN DUBLIN TRAFFIC IMPACT FEE
ADMINISTRATIVE GUIDELINES
(Revised November 16, 2004)
I. Introduction/Overview
These guidelines apply to the Eastern Dublin Traffic Impact Fees (hereafter known as the 'Fee'
or 'Fees') adopted by the City of Dublin through Resolution 111-04 and any subsequent
replacement resolution.
The Eastern Dublin Traffic Impact Fee includes three categories of improvements and facilities.
· Category 1 improvements and facilities are those located exclusively in the Eastern Dublin
Specific Plan area.
· Category 2 improvements and facilities are those projects to which Eastern Dublin
developers contribute a proportionate share, including projects located in other areas of the
City.
· Category 3 improvements and facilities are those of a regional nature.
(NOTE: Category 3 Fee suspended effective September 12, 1998, as long as Tri-Valley
Transportation Development Fee remains in place.)
The administrative guidelines provide procedures for calculation of the Fee, calculation and use
of credits and reimbursements, and other administrative aspects of the Fee. In addition, the
guidelines include procedures for construction of designated facilities by developers.
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
Eastern Dublin Traffic Impact 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
Eastern Dublin in accordance with these guidelines. If the developer cannot use or transfer the
credit within ten years, then the credit will convert to a reimbursement right. At the end of the
ten-year period, the developer may elect to extend the credit for an additional five vears. The
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Eastern Dublin Traffic Impact Fee
Administrative Guidelines November 16,2004
Page 2.
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combination of credit and reimbursement rights will terminate twenty-five years after the
effective date ofthe agreement creating such rights.
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 Eastern Dublin
Specific Plan, the most recent Traffic Impact Fee Study, and various other fee studies and
updates. Such reference documents are subject to change and may affect the application of these
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 resolutions, 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 Eastern Dublin as described below:
1. All new development, including new construction of any building or structure
(residential or non-residential);
2. Additions to non-residential buildings or structures which result in an increase of
500 square feet or more;
3. Additions to residential buildings or structures which increase the number of units
(i.e. construction of a "granny unit").
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 and
Engineering Departments are 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.
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Eastern Dublin Traffic Impact Fee
Administrative Guidelines November 16, 2004
Page 3.
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.
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 Resolution 111-04 (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 C" of
Resolution 111-04. However, if the Public Works Director determines that the land use
of the development project is not appropriately reflected on "Exhibit C" of Resolution
111-04, then the Public Works Department 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. Fees for non-residential development will be charged
for any addition to an existing building or structure if the addition exceeds 500 square
feet.
For mixed-use non-residential development projects, the Community Development
Director will determine the projected percentage of each 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 (For example, a large single building
could be divided between commercial office space and industrial warehouse space). If
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
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Eastern Dublin Traffic Impact Fee
Administrative Guidelines November 16,2004
Page 4.
and collected at the time that a building pennit is issued for interior tenant improvements.
This fee calculation shall be at the rate in effect at the time the building permit· for tenant
improvements is issued. No refund of Fees will be given if the resulting uses are
different £rom the projected land use.
The average weekday trip generation rate for quasi-public uses, which is not
appropriately reflected on the "Estimated Weekday Vehicle Trip Generation Rate"
schedule that was adopted as part of the Traffic Impact Fee Resolution (Exhibit C to
Resolution 111-04), as determined by the Public Works Director, will be established by a
project specific traffic study. This study will be conducted by the City (Public Works
Department) and paid for by the project applicant. 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
1. Total Exemption. The following types of development will be exempt £rom the
collection of Traffic Impact Fees:
a) Any alteration or addition to a residential structure, except to the extent
that a residential unit is added to a single-family unit, or another unit is
added to an existing multi-family building.
b) Any replacement or reconstruction of an existing residential structure that
has been destroyed or demolished, provided that the building pennit for
reconstruction is obtained within one year after the building was destroyed
or demolished, unless the replacement or reconstruction increases the
square footage of the structure 50% or more.
c) Any replacement or reconstruction of an existing non-residential structure
that has been destroyed or demolished provided that the building permit
for new reconstruction is obtained within one year after the building was
destroyed or demolished and the reconstructed building would not
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Eastern Dublin Traffic Impact Fee
Administrative Guidelines November 16, 2004
Page 5.
mcrease the destroyed or demolished building's trips based on the
"Estimated Weekday Vehicle Trip Generation Rate" as applied to the
original building.
2. Partial Exemption. A partial exemption may be granted based on prior Fees
paid in the situation of a change in the type of use as described below:
If within 10 years of paying Eastern Dublin Traffic Impact Fees for a specific
development project, the project is demolished and replaced by a new type of
development, an exemption may be given for up to the amount which was paid by
the prior development project. Proof of payment shall be obligation of the
individual/entity requesting the exemption. The new development shall not
accrue any unused credit or reimbursement rights, in the event that the
replacement project would result in a lower Fee. Any change in use outside of the
10 year period stated shall be obligated to pay the entire Fee.
IV. Fee Collection
Á. Payment of Traffic Impact Fees for Non-Residential Development
The Traffic Impact 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 C" of
Resolution 111-04. Following is an example:
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 $360 per trip for non-residential development. FEE
CALCULATION: 15,540 square feet/1,000 square feet = 15.54 x 20 trips =
310.8 trips x $360 per trip = $111,888 Traffic Impact Fee.
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Eastern Dublin Traffic Impact Fee
Administrative Guidelines November 16,2004
Page 6.
Amendments to a non-residential building permit which result in 500 additional square
feet 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 facilities described in Resolution 111-04 into its annually
adopted long-term Capital Improvement Plan (CIP), then the Traffic Impact 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 Fee 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 $50,000
When the amount of payment for Traffic Impact Fees exceeds $50,000 on any given day,
payment shall be made in one of the following ways: 1) paid by check drawn on a bank
within the State of California, 2) paid by cashier's check, or 3) ifpaid in same day funds
by a wire transfer, the wire transfer must be pre-arranged with the City's Finance
Division.
D. Payment of Fees in Conjunction with Development Agreements
The Traffic Impact Fees can be collected at an earlier point of time than what is noted in
this section if agreed to by a developer within the terms of a Development Agreement.
E. Payment Records
The Administrative Services Department will record the payment of the Traffic Impact
Fees. Records will be maintained to comply with refunding requirements as prescribed
by State Law. The Administrative Services Department will obtain a mailing address
£rom 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 ten years £rom their
collection, unless a legal mandate exists for a longer retention.
Eastern Dublin Traffic Impact Fee
Administrative Guidelines November 16,2004
Page 7.
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v. Allotment of Developer Fee Credits
The City understands the practicality of having developers construct and/or contribute some of
the TIF facilities described in Resolution 111-04 and any subsequent replacement resolution.
For this reason, the City will allot fee credits against the collection of Fees for constructing or
contributing TIF 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 TIF 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 public improvements as
contained on a Final Parcel Map or Final Subdivision Map.
3. The developer will pay an administrative fee, due on the effective date of the
credit/reimbursement agreement, to be established in the City's Master Fee
Schedule. 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 ten years following their creation, shall convert to
a right to reimbursement. The right to reimbursement terminates fifteen years
after it is created.
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Eastern Dublin Traffic Impact Fee
Administrative Guidelines November 16, 2004
Page 8.
Alternatively, credit holders may elect by providing written notice to the City
Manager to extend the term of the credit for an additional five years. Notices of
the election to extend the term must be received no sooner than one year prior to
and no later than six months prior to the conversion of the credits to a right to
reimbursement. If the credit holder elects to extend the term of the credit for five
years, then any credits remaining at the end of the five-year extension shall
convert to a right of reimbursement. The right to reimbursement terminates ten
years after it is created.
All rights to reimbursement shall terminate twenty-five years after the effective
date of the agreement creating such rights.
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 developer will sign a certificate attached to the fee credit/reimbursement
agreement attesting that it obtained a copy of these administrative guidelines and
they were read and understood.
B. Applicability of Administrative Guidelines to Pre-Existing Credits Allotted to the
Alameda County Surplus Property Authority
These guidelines do not apply to existing fee credits to which the Alameda County
Surplus Property Authority is entitled under the terms of the Agreement between the City
of Dublin, the City of Pleasanton, the County of Alameda and the Surplus Property
Authority regarding coordination of certain Freeway Improvements dated March 12,
1991.
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Eastern Dublin Traffic Impact Fee
Administrative Guidelines November 16, 2004
Page 9.
These guidelines do apply to existing fee credits to which the Alameda County Surplus
Property Authority is entitled under development agreements entered into between
January 1, 1995 and the effective date of these guidelines, to the extent provided for in a
specific fee credit/reimbursement agreement to be entered into between the City and the
Alameda County Surplus Property authority.
VI. Calculating the Fee Credits
For calculation purposes, the fee credits will be segregated into the following categories:
Category 1: Eastern Dublin Traffic Improvements
Category 2: Citywide Traffic Improvements
Category 3 : Regional Transportation
(Note: Category 3 Fee suspended effective September 12, 1998, as long as Tri-Valley
Transportation Development Fee remains in place.)
A. General
The fee credit/reimbursement agreement will identify the total credit by category for TIF
facilities constructed or right of way dedicated for a particular development project. The
contributed land or improvements must be the facilities described in Resolution 111-04
and/or any subsequent replacement resolution. There must be a minimum value of
$50,000 in improvements and/or right of way dedicated before credits will be allotted to a
developer.
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 TIF facilities to be constructed or dedicated. It is
recognized that in some cases the scope of construction or dedication will not exactly
match segments shown in the TIF Report.
The credits will be the lesser of the following: a) the estimated cost of the improvements as noted
in Resolution 111-04 and/or any subsequent replacement resolution; or b) the pro-rated value of
the improvement using the standard cost measurements in Resolution 111-04 and/or any
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Eastern Dublin Traffic Impact Fee
Administrative Guidelines November 16,2004
Page 10.
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 1: Assume that a developer dedicates land for the partial widening
of a major street to offset the Traffic Impact Fees due £rom a development project. To
qualify for a credit, this roadway widening project must be included in the TIF. The land
dedication to be applied for a fee credit shall not include improvements immediately
adjacent to the development project, as these improvements are entirely the responsibility
of the developer and are not to be funded by the Traffic Impact Fee. Resolution 111-04
used a standard cost measurement of $7 per square foot for right-of-way dedication in
calculating the Traffic Impact Fees. The fee credits due to the developer can be
calculated by determining the square footage of the land to be dedicated multiplied by
this per square foot cost measurement.
Illustrative Example 2: A developer constructing single family homes contributes traffic
signal improvements (Category 1 improvement) valued at $200,000. Assume that the
Traffic Impact Fee totals $6,950 per home, which is comprised of the Category 1 portion
of $4,700 and the Category 2 portion of $2,250. The credit of $200,000 can only be used
against the developer's Category 1 Fee of $4,700 per home, which will cover
approximately 42.55 homes. When the building permit is issued for the 43rd home, the
developer will have used up the credit and will have to begin paying the Category 1 Fee.
The Category 2 portion of the Fee must be paid at the issuance of each building permit
for all homes included in the development, as the Category 1 credit cannot be used to
offset these portions of the Fee.
VII. Use of Fee Credits
A. Credits expire when used or ten years £rom the date of the credit/reimbursement
agreement (unless extended an additional five years at the request of the credit holder),
whichever occurs first.
B. In the event the fee credits are unused following ten years £rom the date of the
credit/reimbursement agreement (or fifteen years if extended at the request of the credit
Eastern Dublin Traffic Impact Fee
Administrative Guidelines November 16, 2004
Page 11.
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holder), 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 in each category will be listed in the agreement and tracked by
fee category as they are used by the developer. The City's Finance Division will keep
record of the unused credits and provide this information to the Building Safety Division
at the time fee credits are used.
D. Credits earned by constructing or dedicating a certain category of improvements can only
be used to offset fees for that category. The balance of the Traffic Impact Fee, which is
to be used for other categories of improvements, will be paid by the developer as
specified in Section IV of these guidelines. Fee credits will not be mixed between the fee
categories. For example, unused credits £rom Category 1 portion of the Traffic Impact
Fees cannot be used to offset amounts due for Category 2 and Category 3.
E. Only the developer who builds or dedicates the TIP 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 labor and materials bonds or other
adequate security to insure that the improvements will be constructed prior to the first
Certificate of Occupancy for any building that is a 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 in an
amount equal to 50% of the engineer's estimate. The bonds shall be written by a surety
licensed to conduct business in the State of California and approved by the City's City
Manager.
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Eastern Dublin Traffic Impact Fee
Administrative Guidelines November 16,2004
Page 12.
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
Traffic Impact 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 same category of Traffic Impact Fee. 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
shall be established 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 £rom the conversion of fee credits, which occurs ten years
after the initial date of the credit/reimbursement agreement creating the fee credit (unless the
credits have been extended an additional five years at the request of the credit holder).
Reimbursement rights are subject to the following specific guidelines:
A. The reimbursement rights shall expire twenty-five years after the initial date ofthe credit/
reimbursement agreement creating the fee credit.
B Reimbursement will be only £rom funds collected as Eastern Dublin Traffic Impact Fees
or £rom fees collected by Contra Costa County and paid to Dublin for any improvements
also included in the Eastern Dublin Traffic Impact Fee, and will not come £rom the City's
General Fund.
Eastern Dublin Traffic Impact Fee
Administrative Guidelines November 16, 2004
Page 13.
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C. The City will determine the amount of funds available for reimbursement in each of the
categories on an annual basis.
D. The procedure for prioritizing reimbursements IS described III Section XI of these
guidelines.
XI. Process for Reimbursement of Reimbursement Rights
A. Determination of Funds Available for Reimbursement
Within 180 days of the end of each fiscal year, the Administrative Services Department
will make an accounting of all Traffic Impact Fees collected for the fiscal year that just
ended. The Administrative Services Department will also determine the amount of
Traffic Impact Fee funds that are unspent and unencumbered as of the close of the fiscal
year. For funds that are unspent and unencumbered in each fee category, the City will
allocate the necessary amount to be used to finance needed TIF facilities for the
upcoming fiscal year and/or to repay amounts due on outstanding loans for previously
constructed TIF facilities. The remaining funds (the reimbursement set-aside) will be
used to reimburse holders of reimbursement rights for facilities already contributed, if
any such reimbursement rights exist.
B. Allocating the Reimbursement Set-Aside to Outstanding Reimbursement Rights
In the event that the City designates that a reimbursement set-aside is available, fifty
percent will be used to pay the oldest reimbursement right outstanding. If the oldest right
is paid off before this portion of funds is entirely consumed, then the balance of the 50%
will go toward the next oldest right. This portion of reimbursement set-aside funds will
be allocated according to this method until it is exhausted. The other half of the
reimbursement set aside will be allocated to all reimbursement rights on a pro-rata basis
according to their amounts outstanding, including the remaining unreimbursed portion of
the oldest agreement. Unused reimbursement set-aside funds will not be carried over to
another fiscal year. The following example illustrates this allocation:
Eastern Dublin Traffic Impact Fee
Administrative Guidelines November 16, 2004
Page 14.
t6dò"
Illustrative Example: During one fiscal year, the City collects $88,000 in Fees for
a certain category of improvements. The total outstanding reimbursements owed
are $100,000 to the following developers:
Developer A (the oldest agreement):
Developer B:
Developer C:
$50,000
$20,000
$30,000
For the upcoming fiscal year, the City retains $44,000 for improvements not built
by developers and allocates $44,000 as the reimbursement set-aside to reduce
current reimbursement obligations. $22,000 (50% of the $44,000) of the
reimbursement set-aside is used to pay Developer A, who holds the oldest
agreement. Developer A now has $28,000 of outstanding reimbursements
(Beginning balance of $50,000 less the $22,000 payment). The other half of the
reimbursement set-aside ($22,000) is allocated proportionally to all three parties
who currently hold reimbursement rights as follows:
Holder of Current Value of Percent of Total Amt. of $22,000 Reimbursement
Reimbursement Reimbursement Reimbursements Reimbursement Balance
Owed Outstandin2 Distributed Remainin2
Developer A $28,000 35.90% $7,898.00 $20,102.00
Developer B $20,000 25.64% $5,640.80 $14,359.20
Developer C $30.000 38.46% $8.461.20 $21.538.80
TOTAL $78,000 $22,000.00 $56,000.00
XII. Other Miscellaneous Administrative Guidelines
A. Procedures for Construction of Designated Facilities by Developers
The improvements to be constructed or dedicated must be submitted for approval in
writing to the Public Works Director no later than thirty calendar days prior to the
approval of the Final Map 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 Pubic Works Director will attempt to
respond to the request within twenty business days. The developer constructing or
dedicating improvements in lieu of paying a portion of the traffic fee must post a
liP "f>51
Eastern Dublin Traffic Impact Fee
Administrative Guidelines November 16, 2004
Page 15.
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 in 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, surety bonds or other instruments taken to
secure payment.
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 ofthe Traffic Impact Fee;
· An identification of the improvements and the percentage of cost of the
improvements which the Traffic Impact 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 separate funds for the collection and expenditure of Traffic
Impact Fees as follows:
Category I: Eastern Dublin Traffic Improvements
Category II: City-Wide Traffic Improvements
Category II (Non-Transit Center Residential Surcharge): Eastern Dublin Transit
Center Parking
The City will allocate interest to fees collected in the funds based upon month
end cash balances.
Eastern Dublin Traffic Impact Fee
Administrative Guidelines November 16, 2004
Page 16.
Il~S1
· The City will identify in accordance with State Law the beginning and ending
balance of the funds held for the Traffic Impact Fee as of fiscal year end.
· The City will identify the amount of fees collected and interest earned in each
fiscal year for Traffic Impact Fees.
· The City will provide a description and accounting of any interfund transfers
made by the Traffic Impact Fee Funds. Although it may be authorized by State
Law, it shall not be City policy to loan TIF monies for another public purpose.
· The City will calculate reimbursements annually within 180 days of each fiscal
year end.
· The City will file an annual accounting of all development impact fees, including
the Traffic Impact Fee, with the City Council and for public inspection within 180
days of each fiscal year end.
CITY OF DUBLIN
EASTERN DUBLIN TRAFFIC IMPACT FEE
ADMINISTRATIVE GUIDELINES
(Final Reeommended February 16, 1999Revised November 16, 2004)
l ís'Db 51
I. Introduction/Overview
These guidelines apply to the Eastern Dublin Traffic Impact Fees (hereafter known as the 'Fee'
or 'Fees') adopted by the City of Dublin through Resolution 4-l--%111-04 and any subsequent
replacement resolution.
The Eastern Dublin Traffic Impact Fee includes three categories of improvements and facilities.
· Category 1 improvements and facilities are those located exclusively in the Eastern Dublin
Specific Plan area.
· Category 2 improvements and facilities are those projects to which Eastern Dublin
developers contribute a proportionate share, including projects located in other areas of the
City.
· Category 3 improvements and facilities are those of a regional nature.
(NOTE: Category 3 Fee suspended effective September 12, 1998, as long as Tri-Valley
Transportation Development Fee remains in place.)
The administrative guidelines provide procedures for calculation of the Fee, calculation and use
of credits and reimbursements, and other administrative aspects of the Fee. In addition, the
guidelines include procedures for construction of designated facilities by developers.
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
Eastern Dublin Traffic Impact 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
Eastern Dublin in accordance with these guidelines. If the developer cannot use or transfer the
credit within ten years, then the credit will convert to a reimbursement right. At the cnd of the
tcn-vearperiod, the developer may elect to extend the credit for an additional five years. The
A"'ACHMENT~
Eastern Dublin Traffic Impact Fee Draft
Administrative Guidelines February 16, 1999
Page 2
lt1Db 51
combination of credit and reimbursement rights will terminate twenty-five years after the I
effective date ofthe agreement creating such rights.
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 Eastern Dublin
Specific Plan, the most recent Traffic Impact Fee Study, and various other 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 resolutions, 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 Eastern Dublin as described below:
1. All new development, including new construction of any building or structure
(residential or non-residential);
2. Additions to non-residential buildings or structures which result in an increase of
500 square feet or more;
3. Additions to residential buildings or structures which increase the number of units
(i.e. construction of a "granny unit").
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 and
Engineering Departments are 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.
Eastern Dublin Traffic Impact Fee Draft
Administrative Guidelines February 16, 1999
Page 3
~~S1
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.
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 Resolution 4l-9é 111-04 (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 EC" of
Resolution 4+--94111-04. However, if the Public Works Director determines that the land
use of the development project is not appropriately reflected on "Exhibit EC" of
Resolution 4+--94111-04, then the Public Works Department 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. Fees for non-residential
development will be charged for any addition to an existing building or structure if the
addition exceeds 500 square feet.
For mixed-use non-residential development projects, the Community Development
Director will determine the projected percentage of each 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 (For example, a large single building
could be divided between commercial office space and industrial warehouse space). If
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
Eastern Dublin Traffic Impact Fee Draft
Administrative Guidelines February 16, 1999
Page 4
:;"1~~1
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 building permit for tenant
improvements is issued. No refund of Fees will be given if the resulting uses are
different ftom the projected land use.
The average weekday trip generation rate for quasi-public uses, which is not
appropriately reflected on the "Estimated Weekday Vehicle Trip Generation Rate"
schedule that was adopted as part of the Traffic Impact Fee Resolution (Exhibit BC to
Resolution 4-l---9Ðl11-(4), as determined by the Public Works Director, will be
established by a project specific traffic study. This study will be conducted by the City
(Public Works Department) and paid for by the project applicant. 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
1. Total Exemption. The following types of development will be exempt from the
collection of Traffic Impact Fees:
a) Any alteration or addition to a residential structure, except to the extent
that a residential unit is added to a single-family unit, or another unit is
added to an existing multi-family building.
b) Any replacement or reconstruction of an existing residential structure that
has been destroyed or demolished, provided that the building permit for
reconstruction is obtained within one year after the building was destroyed
or demolished, unless the replacement or reconstruction increases the
square footage of the structure 50% or more.
c) Any replacement or reconstruction of an existing non-residential structure
that has been destroyed or demolished provided that the building permit
Eastern Dublin Traffic Impact Fee Draft
Administrative Guidelines February 16, 1999
Page 5
~~~57
for new reconstruction is obtained within one year after the building was
destroyed or demolished and the reconstructed building would not
increase the destroyed or demolished building's trips based on the
"Estimated Weekday Vehicle Trip Generation Rate" as applied to the
original building.
2. Partial Exemption. A partial exemption may be granted based on prior Fees
paid in the situation of a change in the type of use as described below:
If within 10 years of paying Eastern Dublin Traffic Impact Fees for a specific
development project, the project is demolished and replaced by a new type of
development, an exemption may be given for up to the amount which was paid by
the prior development project. Proof of payment shall be obligation of the
individual/entity requesting the exemption. The new development shall not
accrue any unused credit or reimbursement rights, in the event that the
replacement project would result in a lower Fee. Any change in use outside ofthe
10 year period stated shall be obligated to pay the entire Fee.
IV. Fee Collection
A. Payment of Traffic Impact Fees for Non-Residential Development
The Traffic Impact 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 IILC., 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 EC" of
Resolution 41--96111-04. Following is an example:
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 $360 per trip for non-residential development. FEE
Eastern Dublin Traffic Impact Fee Draft
Administrative Guidelines February 16, 1999
Page 6
;;1?'fJ 51
CALCULATION: 15,540 square feet/1,000 square feet = 15.54 x 20 trips =
310.8 trips x $360 per trip = $111,888 Traffic Impact Fee.
Amendments to a non-residential building permit which result in 500 additional square
feet 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 facilities described in Resolution 4-l--% 111-04 into its
annually adopted long-term Capital Improvement Plan (CIP), then the Traffic Impact
Fees for residential development will be due and payable at the issuance of a building
permit. Prior to the incorporation ofthese facilities into the CIP, the Fee 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 $50,000
When the amount of payment for Traffic Impact Fees exceeds $50,000 on any given day,
payment shall be made in one of the following ways: 1) 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.
D. Payment of Fees in Conjunction with Development Agreements
The Traffic Impact Fees can be collected at an earlier point of time than what is noted in
this section if agreed to by a developer within the terms of a Development Agreement.
E. Payment Records
The Administrative Services Department will record the payment of the Traffic Impact
Fees. Records will be maintained to comply with refunding requirements as prescribed
by State Law. The Administrative Services Department will obtain a mailing address
£rom 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.
Eastern Dublin Traffic Impact Fee Draft
Administrative Guidelines February 16, 1999
Page 7
.? 4 Db f/1
The Finance Division will maintain the records for a period of ten years £rom 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 TIF facilities described in Resolution 4l--9é 111-04 and any subsequent replacement
resolution. For this reason, the City will allot fee credits against the collection of Fees for
constructing or contributing TIF 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 TIF 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 public improvements as
contained on a Final Parcel Map or Final Subdivision Map.
3. The developer will pay an administrative fee, due on the effective date of the
credit/reimbursement agreement, to be established in the City's Master Fee
Schedule. The purpose of this administrative fee is to cover the administrative
costs associated with establishing and monitoring the credit/reimbursement
agreement.
Eastern Dublin Traffic Impact Fee Draft
Administrative Guidelines February 16, 1999
Page 8
~~ 't 51
4. Any credits, which are unused ten years following their creation, shall convert to
a right to reimbursement. The right to reimbursement terminates teft-tifteen years
after it is created.
Alternatively. credit holders may elect bv providing written notice to the City
Manager to extend the term of the credit for an additional five years. Notices of
the election to extend the ternl must be received no sooner than one year prior to
and no later than six months prior to the conversion of the credits to a right to
reimbursement. If the credit holder elects to extend the term of the credit for five
years. then any credits remaining at the end of the five-year extension shall
convert to a right of reimbursement. The right to reimbursement terminates ten
years after it is created.
All rights to reimbursement shall terminate twenty-five years after the effective
date ofthe agreement creating such rights.
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 developer will sign a certificate attached to the fee credit/reimbursement
agreement attesting that it obtained a copy of these administrative guidelines and
they were read and understood.
B. Applicability of Administrative Guidelines to Pre8Existing Credits Allotted to the
Alameda County Surplus Property Authority
These guidelines do not apply to existing fee credits to which the Alameda County
Surplus Property Authority is entitled under the terms of the Agreement between the City
Eastern Dublin Traffic Impact Fee Draft
Administrative Guidelines February 16, 1999
Page 9
Zú Þ() 51
of Dublin, the City of P1easanton, the County of Alameda and the Surplus Property
Authority regarding coordination of certain Freeway Improvements dated March 12,
1991.
These guidelines do apply to existing fee credits to which the Alameda County Surplus
Property Authority is entitled under development agreements entered into between
January 1, 1995 and the effective date of these guidelines, to the extent provided for in a
specific fee credit/reimbursement agreement to be entered into between the City and the
Alameda County Surplus Property authority.
VI. Calculating the Fee Credits
For calculation purposes, the fee credits will be segregated into the following categories:
Category 1: Eastern Dublin Traffic Improvements
Category 2: Citywide Traffic Improvements
Category 3 : Regional Transportation
(Note: Category 3 Fee suspended effective September 12, 1998, as long as Tri-Valley
Transportation Development Fee remains in place.)
A. General
The fee credit/reimbursement agreement will identify the total credit by category for TIF
facilities constructed or right of way dedicated for a particular development project. The
contributed land or improvements must be the facilities described in Resolution 4l-
%111-04 and/or any subsequent replacement resolution. There must be a minimum
value of $50,000 in improvements and/or right of way dedicated before credits will be
allotted to a developer.
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 TIF facilities to be constructed or dedicated. It is
recognized that in some cases the scope of construction or dedication will not exactly
match segments shown in the TIF Report.
Eastern Dublin Traffic Impact Fee Draft
Administrative Guidelines February 16, 1999
Page 10
2.1 d'/)G1
The credits will be the lesser ofthe following: a) the estimated cost of the improvements as noted
in Resolution 41-%111-04 and/or any subsequent replacement resolution; or b) the pro-rated
value of the improvement using the standard cost measurements in Resolution 41-% 111-04
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 1: Assume that a developer dedicates land for the partial widening
of a major street to offset the Traffic Impact Fees due from a development project. To
qualify for a credit, this roadway widening project must be included in the TIF. The land
dedication to be applied for a fee credit shall not include improvements immediately
adjacent to the development project, as these improvements are entirely the responsibility
of the developer and are not to be funded by the Traffic Impact Fee. Resolution 4l--
% 111-04 used a standard cost measurement of $7 per square foot for right-of~way
dedication in calculating the Traffic Impact Fees. The fee credits due to the developer
can be calculated by determining the square footage ofthe land to be dedicated multiplied
by this per square foot cost measurement.
Illustrative Example 2: A developer constructing single family homes contributes traffic
signal improvements (Category 1 improvement) valued at $200,000. Assume that the
Traffic Impact Fee totals $~6.950 per home, which is comprised of the Category 1
portion of $2,9301.700 and the Category 2---aml--J portions of $~2.250. The credit of
$200,000 can only be used against the developer's Category 1 Fee of $~4.700 per
home, which will cover approximately 68.25 12.55 homes. When the building permit is
issued for the @#143rd home, the developer will have used up the credit and will have to
begin paying the Category 1 Fee. The Category 2 aRd--J-portions of the Fee must be paid
at the issuance of each building permit for all homes included in the development, as the
Category 1 credit cannot be used to offset these portions of the Fee.
VII. Use of Fee Credits
A. Credits expire when used or Mten years £rom the date of the credit/reimbursement
agreement (unless extended an additional five years at the request of the credit holder),
whichever occurs first.
Eastern Dublin Traffic Impact Fee Draft
Administrative Guidelines February 16, 1999
Page 11
2~ot51
B. In the event the fee credits are unused following Wten years £rom the date of the
credit/reimbursement agreement (or fitlcen years if extended at the request of the credit
holder), the fee credit shall convert to a reimbursement right as provi~ed for under
Section X and XI of these guidelines.
C. The value of the credits in each category will be listed in the agreement and tracked by
fee category as they are used by the developer. The City's Finance Division will keep
record of the unused credits and provide this information to the Building Safety Division
at the time fee credits are used.
D. Credits earned by constructing or dedicating a certain category of improvements can only
be used to offset fees for that category. The balance of the Traffic Impact Fee, which is
to be used for other categories of improvements, will be paid by the developer as
specified in Section IV of these guidelines. Fee credits will not be mixed between the fee
categories. For example, unused credits from Category 1 portion of the Traffic Impact
Fees cannot be used to offset amounts due for Category 2 and Category 3.
E. 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 labor and materials bonds or other
adequate security to insure that the improvements will be constructed prior to the first
Certificate of Occupancy for any building that is a 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 in an
amount equal to 50% of the engineer's estimate. The bonds shall be written by a surety
Eastern Dublin Traffic Impact Fee Draft
Administrative Guidelines February 16, 1999
Page 12
2~"'b 57
licensed to conduct business in the State of California and approved by the City's 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
Traffic Impact 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 same category of Traffic Impact Fee. 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
shall be established 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 £rom the conversion of fee credits, which occurs lQten years
after the initial date of the credit/reimbursement agreement creating the fee credit (unless the
crcdits have been extended an additional five years at the request of the crcdit holder).
Reimbursement rights are subject to the following specific guidelines:
A. The reimbursement rights shall expire twenty-five years after the initial date of the credit/
reimbursement agreement creating the fee credit.
BA:- Reimbursement will be only from funds collected as Eastern Dublin Traffic Impact Fees
or from fees collected by Contra Costa County and paid to Dublin for any improvements
Eastern Dublin Traffic Impact Fee Draft
Administrative Guidelines February 16, 1999
Page 13
3°trbS7
also included in the Eastern Dublin Traffic Impact Fee, and will not come £rom the City's
General Fund.
C-B. The City will determine the amount of funds available for reimbursement in each of the
categories on an annual basis.
DG. The procedure for prioritizing reimbursements IS described III Section XI of these I
guidelines.
XI. Process for Reimbursement of Reimbursement Rights
A. Determination of Funds Available for Reimbursement
Within 180 days of the end of each fiscal year, the Administrative Services Department
will make an accounting of all Traffic Impact Fees collected for the fiscal year that just
ended. The Administrative Services Department will also determine the amount of
Traffic Impact Fee funds that are unspent and unencumbered as of the close of the fiscal
year. For funds that are unspent and unencumbered in each fee category, the City will
allocate the necessary amount to be used to finance needed TIF facilities for the
upcoming fiscal year and/or to repay amounts due on outstanding loans for previously
constructed TIF facilities. The remaining funds (the reimbursement set-aside) will be
used to reimburse holders of reimbursement rights for facilities already contributed, if
any such reimbursement rights exist.
B. Allocating the Reimbursement Set-Aside to Outstanding Reimbursement Rights
In the event that the City designates that a reimbursement set-aside is available, fifty
percent will be used to pay the oldest reimbursement right outstanding. If the oldest right
is paid off before this portion of funds is entirely consumed, then the balance of the 50%
will go toward the next oldest right. This portion of reimbursement set-aside funds will
be allocated according to this method until it is exhausted. The other half of the
reimbursement set aside will be allocated to all reimbursement rights on a pro-rata basis
according to their amounts outstanding, including the remaining unreimbursed portion of
the oldest agreement. Unused reimbursement set-aside funds will not be carried over to
another fiscal year. The following example illustrates this allocation:
Eastern Dublin Traffic Impact Fee Draft
Administrative Guidelines February 16, 1999
Page 14
3'ot~1
Illustrative Example: During one fiscal year, the City collects $88,000 in Fees for
a certain category of improvements. The total outstanding reimbursements owed
are $100,000 to the following developers:
Developer A (the oldest agreement):
Developer B:
Developer C:
$50,000
$20,000
$30,000
For the upcoming fiscal year, the City retains $44,000 for improvements not built
by developers and, allocates $44,000 as the reimbursement set-aside to reduce
current reimbursement obligations. $22,000 (50% of the $44,000) of the
reimbursement set-aside is used to pay Developer A, who holds the oldest
agreement. Developer A now has $28,000 of outstanding reimbursements
(Beginning balance of $50,000 less the $22,000 payment). The other half of the
reimbursement set-aside ($22,000) is allocated proportionally to all three parties
who currently hold reimbursement rights as follows:
Holder of Current Value of Percent of Total Amt. of $22,000 Reimbursement
Reimbursement Reimbursement Reimbursements Reimbursement Balance
Owed Outstandinl! Distributed Remaininl!
Developer A $28,000 35.90% $7,898.00 $20,102.00
Developer B $20,000 25.64% $5,640.80 $14,359.20
Developer C $30.000 38.46% $8.461.20 $21.538.80
TOTAL $78,000 $22,000.00 $56,000.00
XII. Other Miscellaneous Administrative Guidelines
A. Procedures for Construction of Designated Facilities by Developers
The improvements to be constructed or dedicated must be submitted for approval in
writing to the Public Works Director no later than thirty calendar days prior to the
approval of the Final Map 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 Pubic Works Director will
attempt to respond to the request within twenty business days. The developer
constructing or dedicating improvements in lieu of paying a portion of the traffic fee
Eastern Dublin Traffic Impact Fee Draft
Administrative Guidelines February 16, 1999
Page 15
32'061
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 in 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, surety bonds or other instruments taken to
secure payment.
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 Traffic Impact Fee;
· An identification of the improvements and the percentage of cost of the
improvements which the Traffic Impact 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
Traffic Impact Fees as fol1º}:Y..§..;.~
Categorv I: Eastern Dublin Traffic Improvements
Category II: City-Wide Traffic Improvements
Category II (Non-Transit Center Residential Surcharge): Eastern Dublin Transit
Center Parking
The City will allocate interest to fees collected in the fund§ based upon month
end cash balances.
Eastern Dublin Traffic Impact Fee Draft
Administrative Guidelines February 16, 1999
Page 16
~~c1b:> 1
· The City will identify in accordance with State Law the beginning and ending
balance of the funds held for the Traffic Impact Fee as of fiscal year end.
· The City will identify the amount of fees collected and interest earned in each
fiscal year for Traffic Impact Fees.
· The City will provide a description and accounting of any interfund transfers
made by the Traffic Impact Fee Fund~. Although it may be authorized by State
Law, it shall not be City policy to loan TIF monies for another public purpose.
· The City will calculate reimbursements annually within 180 days of each fiscal
year end.
· The City will file an annual accounting of all development impact fees, including
the Traffic Impact Fee, with the City Council and for public inspection within 180
days of each fiscal year end.
3t.{ If) & 1
CITY CLERK
File # DODD-DO
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 15, 2004
SUBJECT:
ATTACHMENTS:
BACKGROUND DOCUMENTS: 1)
(to be available at Council meeting) 2)
3)
PUBLIC HEARING: Revision to Eastern Dublin Traffic Impact
Fee (EDTIF) and Area of Benefit Fee Resolution
Report Prepared by: Ray Kuzbari, Senior Civil Engineer {Traffic} and
Mark Lander, Consulting Engineer
I)
Resolution Establishing Revised Traffic Impact Fee and Area
of Benefit Fee for Future Developments within the Eastern
Dublin Area, as Previously Established by Resolution 1-95
and Revised by Resolutions 41-96 and 225-99, including the
following Exhibits:
Exhibit A: Land Use and Boundary Map
Exhibit B: 2004 Eastern Dublin Traffic Impact Fee
Update, dated May 27,2004
Traffic Impact Fee Schedule
Area of BenefitlMajor Thoroughfares and
Bridges
Allocation Between Land and Construction Costs
Analysis of East Dublin Residents Parking at the Dublin
BART Station, Omni-Means Engineers and Planners,
October 11, 2002
Transit Center Staff Report (PA 00-013), November 19,
2002 (without attachments)
Written Comments From Public (Three Letters)
Staff Responses to Written Comments
Exhibit C:
Exhibit D:
2)
3)
4)
5)
6)
4)
General Plan (Updated to November 5, 2002)
Eastern Dublin Specific Plan (Updated to November 1, 2002)
Dublin Transit Center, General Plan/Specific Plan
Amendment, Stage 1 Planned Development Rezoning,
October, 2002
Resolution No. 47-04 Approving Amendments to the
General Plan and Eastern Dublin Specific Plan for the IKEA
Project and the Dublin Ranch Area F North Project
Resolution No. 1-95 (with all Exhibits)
Resolution No. 41-96 (with all Exhibits)
5)
6)
--------------------------------------------------------------
COPIES TO: Mark McClellan, MacKay & Somps
Martin Inderbitzen, Attorney for Lin Family
Stuart Cook, Alameda Co. SPA
ATTACHMENT
3·
G:\EDTIF Update\StaffReport EDTIF Update 06-/5-04. doc
RECOMMENDATION:
FINANCIAL STATEMENT:
7)
Resolution No. 225-99 (with all Exhibits)
~G·I{);1
1)
2)
3)
4)
Open Public Hearing
Receive Staff Presentation
Receive Public Testimony
Close Public Hearing, determine value of protests (to Area of
Benefit Fee only)
Deliberate
Adopt Resolution Revising the Traffic Impact Fee and Area
of Benefit Fee for Future Developments within the Eastern
Dublin Area, as Previously Established by Resolution 1-95
and Revised by Resolutions 41-96 and 225-99.
5)
6)
Fees collected are used to finance public facilities and improvements
needed to reduce the traffic-related impacts caused by development
in Eastern Dublin. The EDTIF (Fee) was last revised in December
1999, and needs to be updated to reflect the current cost of acquiring
land and constructing traffic impact improvements. In addition,
additional territory was added to the Eastern Dublin Specific Plan,
and that territory will be added to the EDTIF. The Fee needs to be
updated to reflect the addition of that territory and additional
improvements related to the newly added territory. The cost of
preparing the 2004 EDTIF Update is included in the fee.
DESCRIPTION: The Eastern Dublin Traffic Impact Fee (EDTIF), which was
originally established in January 1995, was revised in April 1996, and again in December 1999. Since the
last revision, some of the background data (land-use assumptions, land valuations) used in determining the
Fee has changed. In addition, the territory known as the Transit Center was added to the Eastern Dublin
Specific Plan and that territory will also be added to the EDTIF. It is therefore necessary for the Fee to be
updated to reflect current conditions and the addition of the Transit Center. Accordingly, a 2004 TIP
Update Study has been prepared, the details of which are discussed in the body of this report. As a result
of the 2004 Update Study, an increase in EDTIF rates is recommended for adoption by the City Council.
The proposed resolution includes an automatic annual fee adjustment, which is based on indicators
measuring the annual increase in land and construction costs.
Proposed TIF Rates:
The proposed per trip EDTIF rates (Section I and Section II only) are summarized on the following table
(Page 3 of this Report). The per trip rate utilized for residential uses located within the Transit Center is
$594 per trip, while the per trip rate utilized for residential uses outside the Transit Center is $695 per trip.
The per trip rate for non-residential uses is proposed at $549 per trip. All residential uses are subject to
the Section I Residential adjustment ($45 per trip), which allocates to the residential fee the improvements
that benefit residential uses. In addition, residential uses outside the Transit Center are subject to the
Section II Residential BART Parking adjustment ($101 per trip), which allocates a portion of the Transit
Center BART parking structure to the Fee. The proposed rates represent a 9%-25% increase over the
current fees, which have been in place and escalated for four years, based on automatic annual
adjustments to reflect increased costs of construction and land.
Page 2
3úÞ~ ;1
The two residential surcharge fees will be collected and tracked separately from the remainder of the
Section I and Section II fees. Credits for improvements constructed in these categories will also be
tracked separately.
Land Use Residential Non-Residential
Existing Proposed % Change Existing Proposed %
Change
Section I $391 $425 9% $391 $425 9%
Section I Residential $48 $45 (6%) N/A N/A N/A
Section II $99 $124 25% $99 $124 25%
Section II Residential $0 $101 N/A N/A N/A N/A
Parking Garage
Total Section I and N/A $594 N/A N/A / $549 N/A
II (Development within
Transit Center)
Total Section I and $538 $695 29% $490 $549 12%
II (Development
Outside
Transit Center)
Non-Residential Fee
The fee for non-residential development is determined by applying the per trip fee of $549 to the
estimated average weekday trip generation of the particular development, utilizing the trip generation rates
detailed on Exhibit C to the proposed resolution, entitled "Eastern Dublin Traffic Impact Fee Schedule."
The fee schedule has been modified £rom the current fee schedule. Trip generation rates remain the same,
but several categories of land uses have been eliminated £rom the schedule for practical reasons. Further,
the application of the trip rates has been clarified. Financial uses (bank/savings & loan) and most
restaurant uses will be subject to the appropriate shopping center rate, as these uses are likely to occur as
part of a larger shopping center. For commercial/retail and certain recreation uses, the trip rate for the
specific land use will only be used if the site is a stand-alone land use; if the land use is part of a larger
shopping center, the trip rate for the shopping center will apply. Certain land uses (fast food restaurants,
convenience markets, and automotive uses) will utilize the trip rate for the specific use regardless of
location, as these uses tend to generate destination trips and will not likely result in shared trips to
adjoining uses.
The trip generation rate specified for fast food restaurant in Exhibit C was lowered from 511 trips/1,000 sf
to 465 trips/1,000 sf in order to be consistent with current trip generation rates in the ITE Trip Generation,
6th Edition and San Diego Association of Governments (SANDAG).
Two commercial uses, the retail stores within the Transit Center and the retail within the Fairway Ranch
high-density residential development, are exempt £rom paying the fees as these retail uses are ancillary to
these developments, will serve the adjoining residential areas via pedestrian access, and will not generate
additional vehicle trips.
Residential Fee
The fee for residential development (except for development within the Transit Center) is determined by
applying the per trip fee of $695 to the estimated average weekday trip generation of the particular
housing type, based on the land designation included in the Eastern Dublin General Plan Amendment and
Page 3
......,
Specific Plan. The fee for residential development within the Transit Center is determined by ~p~~n~
the per trip rate of $594 to the estimated average weekday trip generation. The residential fee schedule is
summarized below:
T e
Densit
Trips per
Da er Unit
U to 6 units/ acre
7-14 units/ acre
15-25 units/ acre
26 or more units/ acre
10
10
7
6
Fee erUnit
Within Outside of
Transit Center Transit Center
N/ A $6,950
N/ A $6,950
N/ A $4,865
$3,564 $4,170
Background
The Eastern Dublin General Plan Amendment (GP A) and Eastern Dublin Specific Plan (SP) were adopted
by the City in 1994. The GPA outlines future land use plans for the 4, 176-acre Eastern Dublin sphere of
influence. Based on the 1994 GPA, approximately 13,906 dwelling units and 9.737 million square feet of
commercia1/officelindustria1 development are anticipated in the GP A area, in addition to parks, open
space, and institutional uses.
The SP provides more specific detailed goals, policies, and action programs for the 3,313-acre westerly
portion of the GP A abutting the easterly City limits.
A Program Environmental Impact Report (EIR) was prepared for the GPA and SP (SCH No. 91103064)
and was certified by the City Council on May 10, 1993 (Resolution No. 51-93). There were two
subsequent addenda, dated May 4, 1993, and August 22, 1994.
Chapter 5.0 of the SP addresses Traffic and Circulation. At the time the SP was adopted, the existing
roads were generally rural in character and adequately served existing rural residential development in the
area (EIR, pp. 2-3). Portions of the SP area have since been developed and new roads constructed. The
transportation and circulation systems for the SP are designed to provide convenient access to and
mobility within the SP area.
The road system is characterized by three major north-south streets (Hacienda Drive, Tassajara Road, and
Fallon Road) and three major east-west streets (Dublin Boulevard, Central Parkway, and Gleason Drive)
to accommodate traffic in the SP area (SP 5.2.1). These streets are all planned or built as major four- or
six-lane streets. Other streets necessary for development of the SP are local roads that will be constructed
by developers to provide access to respective properties as development occurs. No fees are necessary to
provide for such roads.
The SP also 'identifies certain freeway improvements and interchange improvements necessary to
accommodate traffic to and £rom the SP area (SP 5.2.12). The SP includes a policy (Policy 5 -10) that
transit service should be provided within one-quarter mile of 95 percent of the SP population and also
establishes park-and-ride lots adjacent to freeway interchanges on the three north-south streets (SP 5.7.2).
Finally, to encourage non-motorized forms of transportation, the SP provides for a network of pedestrian
trails (Policy 5-15) and bike paths (Policy 5-17 and Figure 5.3).
In analyzing the traffic impacts of the project, the EIR assumed that certain improvements would be
constructed and that development within the SP/GP A areas would pay its proportionate share of the cost
of such improvements (EIR, pp 3.3-16 to 3.3-18). The EIR also included a number of mitigation
Page 4
~f G1
measures to mitigate the transportation-related impacts of the development (EIR, p.3.3-19 t?3.3~9).
These mitigation measures were adopted by the City Council as part of the Mitigation Monitoring
Program (Resolution No. 53-93).
As a result, two Supplemental EIRs (SEIR) have been prepared and certified: the first for the Eastern
Dublin Property Owners Annexation (EDPOA SEIR), and the second for the recently-approved IKEA
project (IKEA SEIR). Both SEIRs assumed that certain improvements would be constructed and that the
costs would be shared by development in Eastern Dublin.
In December 2002, the SP was amended to add the territory known as the Transit Center. The EIR for this
project also assumed that certain improvements would be constructed and that development in the Transit
Center would pay its proportionate share of the cost for the improvements.
The General Plan contains a policy that requires new development to pay for infrastructure necessary to
accommodate the development (2.1.4, Implementing Policy C). The SP contains a similar goal and policy
(Policy 10-1, page 151).
The City Council adopted a Transportation Impact Fee ordinance on December 12, 1994 (Ordinance No.
14-94), which provided the authority for the Eastern Dublin Traffic Impact Fee ("TIF"), which was then
adopted by the Council on January 9, 1995 (Resolution 1-95). The TIF was based on two reports: a study
prepared by Barton-Aschman Associates ("Study"), and a report prepared by Santina & Thompson ("Cost
Estimate Report").
The City Council adopted a revised Traffic Impact Fee at its meeting of April 9, 1996, under Resolution
No. 41-96. The revised Fee was based on two reports (Exhibits Band C, respectively): a study prepared
by TJKM Transportation Consultants ("1996 Study Update"), and a revised cost estimate by Santina and
Thompson ("1996 Cost Estimate").
A revised Traffic Impact was subsequently adopted by the City Council on December 7, 1999, under
Resolution No. 225-99. The revised Fee was based on the 1999 Eastern Dublin Traffic Impact Fee
Update prepared by the Department of Public Works, dated November 8, 1999 (" 1999 Study Update").
The current proposed revision to the EDTIF is the result of a Staff Report for the Transit Center
(Attachment 4), in which it was indicated that Staff would return to the City Council with a proposed
amendment to the EDTIF to include those improvements required by the Transit Center that are
appropriate for inclusion in the EDTIF program.
2004 Eastern Dublin Traffic Impact Fee Update
The 2004 Eastern Dublin Traffic Impact Fee Update (2004 Update Study, Exhibit B to Resolution)
utilizes similar methodology to that used in the original 1995 Study, the 1996 Study Update, and the 1999
Study Update, to determine the appropriate fee rate. This approach first estimates the cost of all TIF
improvements left to be constructed, and then allocates these estimated costs to new development left to
be constructed, based on the estimated average weekday trip generation of different types of land uses.
EDTIF' improvements are categorized in three sections: Section I improvements are those within the
Eastern Dublin Specific Plan Area which are needed solely to accommodate new development projected
within Eastern Dublin and are funded 100% through the EDTIF. Section II improvements refer to
improvements within or outside the Eastern Dublin Specific Plan Area which are needed, in part, to
support new development projected within Eastern Dublin, and the.EDTIF funds the proportionate fair
share by Eastern Dublin development. Section III improvements were originally necessary to
accommodate new development projected within the region by the Year 2010.
Page 5
3qtö ~1
Section I improvements include two projects funded solely by residential development through a
residential adjustment: (1) the Park and Ride lots, and (2) the Tassajara Creek Bike Path. In addition,
Section II improvements also include an East Dublin BART Garage project funded solely by residential
development outside of the Transit Center. The remainder of the Section I improvements are funded both
by residential and non-residential development at the same trip rate.
The 2004 Update Study calculates the appropriate Fee rates for Section I and Section II improvements, as
well as for the Section I and Section II residential adjustments. The Section III portion of the Fee was
suspended with the adoption of the Tri-Valley Transportation Development Fee (TVTDF) in 1998; thus,
the 2004 Update Study does not include a Fee rate for Section III fees. In the event that the Section III
portion of the Fee becomes effective again, the rate will be adjusted to account for all changes in land and
construction costs since the effective date of the TVTDF.
While the 2004 Update Study employs the same methodology as was used in the past, the fact that the
EDTIF' program is well underway complicates the calculation. The 2004 Update Study must account for
EDTIF improvements that have been completed or are under construction by private developers in return
for EDTIF credits, as well as for EDTIF funds that have been received to date. The 2004 Update Study
also refines the aggregate trip generation estimates and determines the remaining trips upon which to base
the revised Fee. Table 1 of the 2004 Update Study details the calculation ofthe revised EDTIF rates. The
following discussion highlights specific issues that were considered in calculating revised TIF rates:
Cost Estimates
The 2004 Update Study relies on a number of data sources to determine the costs that must be financed by
the revised EDTIF, which are listed below:
1. The Department of Public Works has prepared a new cost estimate for remaining improvements
(included as Attachments 1 through 5 in the Study Update). This estimate updates cost estimates
for all EDTIF improvements remaining to be funded, excluding improvements already completed
or currently being constructed by private developers under existing development agreements.
2. The Finance Department has provided information regarding the outstanding balance due on prior
funding advances and EDTIF credits, as of March 10, 2004, as well as the cash balance of EDTIF
funds collected and unallocated as of March 10,2004 (Attachments 6 and 7 in the Study Update).
Costs and credit estimates in Item 1 above rely on updated right-of-way values provided in the Valuation
Analysis Report for Traffic and Facilities Impact Fee Study, Eastern Dublin, prepared by Associated
Right-of-Way Services, dated September 10, 1999, and updated in June 2003. Right-of-way values were
based on the same methodology and policy as in past studies, but were updated to reflect current economic
conditions.
Certain EDTIF improvements changed in scope since the 1999 Study Update and are reflected in the cost
and credit estimates. Largely due to refinements in street design, which resulted from more detailed
traffic studies of specific developments, the changes are minor in scope and are consistent with the
General Plan and Eastern Dublin Specific Plan. The specific changes are described in detail in the 2004
Update Study.
Page 6
Contra Costa County Contribution
~øo? 1
The 1999 Study Update included an estimate of $19.5 million in traffic mitigation funds to be provided by
Contra Costa County to pay for portions of EDTIF improvements needed as the result of development in
the Dougherty Valley. Subsequent to adoption by the City Council of the 1999 Study Update, the City of
Dublin and Contra Costa County entered into a Joint Exercise of Powers Agreement (dated June 1,2000)
whereby the total amount of the Dougherty Valley contributions was set at $13.5 million. The 2004
Update Study uses the revised contribution amount.
Inclusion of the Transit Center and the Associated Improvements
As alluded to previously, the City Council approved a General Plan Amendment/Specific Plan
Amendment/Stage I Development Plan/Tentative Map for the Eastern Dublin BART Transit Center on
December 3,2002. This allows the development of two million square feet of office space, 70,000 square
feet of retail space, and 1,500 units of high-density residential development. The development will
contribute to the need for a number of roadway improvements not currently included in the EDTIF. The
Transit Center property is not currently located within the boundaries of the EDTIF, nor is it now subject
to the payment of the EDTIF, although it is now within the Eastern Dublin Specific Plan area.
The Alameda County Surplus Property Authority, owner of the Transit Center property, has requested that
the property be annexed into the EDTIF area and that certain improvements required to mitigate traffic
impacts £rom the Transit Center development be added to the scope of improvements funded by the
EDTIF. Staff indicated in the Transit Center staff report that it would return to the Council with a
proposed amendment to the EDTIF to include improvements required by the Transit Center that are
appropriate for inclusion in the EDTIF program. The resulting extended EDTIF area is shown in the Land
Use and Boundary Map (Exhibit A to the Resolution).
The 2004 Update Study finds that several improvements, estimated at a cost of $10.7 million, required of
the Transit Center Project are appropriate for inclusion in the EDTIF:
(1) DublinIDougherty intersection [Dougherty Road north leg and south leg, and Dublin
Boulevard west leg and east leg], Condition No. 26 of Planning Cort;lmission Resolution
No. 02-40, approving Parcel Map 7892;
(2) Scarlett Drive improvements between Dougherty Road and Dublin Boulevard, Condition
No. 27 of Planning Commission Resolution No. 02-40, approving Parcel Map 7892; and
(3) Hacienda Drive/I-580 Interchange, Condition No. 29 of Planning Commission Resolution
No. 02-40, approving Parcel Map 7892.
While the Transit Center requires the completion ofthese improvements, the need for the improvements is
necessitated not just by the trips associated with the Transit Center alone, but cumulatively by the trips
£rom Eastern Dublin and the Transit Center. In other words, both the Transit Center and other Eastern
Dublin developments would generate additional trips in the area and contribute to the need for the
improvements. Thus, costs of these improvements should be spread across the entirety of Eastern Dublin.
Other improvements that were required as Conditions of Approval for the Transit Center, such as the
roadway extensions of Martinelli Way west of Hacienda Drive, Arnold Road south of Dublin Boulevard,
and other internal roadway improvements, were considered to be inappropriate for inclusion in the EDTIF
Page 7
since they were more local in nature and do not meet the general benefit requirement fo~' ~i:'J
improvement/fee.
In addition, the developer of the Transit Center requested that the City consider including certain parking
spaces in the proposed BART parking garage in the Eastern Dublin TIF program. This improvement was
not a Condition of Approval for the Transit Center because it was proposed as part of the Project. Based
on a study conducted by Omni-Means Engineers and Planners, dated October 11, 2002 (Attachment 3),
the 2004 Update Study concludes that the cost of a portion of the parking spaces in the parking garage can
be included in the EDTIF. The 2004 Update Study indicates that Eastern Dublin creates a need for
parking stalls at the DublinIP1easanton BART station and that this need will continue to grow as Eastern
Dublin develops. The 2004 Update Study concludes that Eastern Dublin's proportionate share of the $20
million cost of the garage is $6 million, or 30% of the total cost, based on traffic generated within Eastern
Dublin utilizing 500 parking spaces out of the total of 1,680 spaces in the structure.
Since the Transit Center EIR indicates that the Transit Center does not necessitate the BART parking
garage, the costs associated with the BART parking garage would only be charged to the remainder of
Eastern Dublin, which creates the need for the spaces in the garage. In addition, since Eastern Dublin's
use of the BART parking garage is associated with residential development and not commercial
development, costs associated with the parking garage would only be imposed on residential development.
Accordingly, the proposed EDTIF update includes a new adjustment to the Section II fees that applies
only to residential development outside of the Transit Center Area in order to fund the portion of the costs
for the BART parking garage that are attributable to Eastern Dublin.
The 2004 Update Study also demonstrates that the Transit Center contributes to the need for the
improvements funded by the existing EDTIF. Inclusion of tç.e Transit Center in the EDTIF area is
justified because the Transit Center, like the rest of Eastern Dublin, relies on the Eastern Dublin
transportation network that the EDTIF funds. Like the remainder of Eastern Dublin (including the
General Plan Amendment area), the Transit Center is in an area that was characterized by the lack of
developed transportation infrastructure to serve the necessary urban development. That infrastructure is
necessary only to serve development in Eastern Dublin, and since the Transit Center is within Eastern
Dublin, it should pay its proportionate share of the costs of the necessary infrastructure.
One important issue to note is that, if the Transit Center and the improvements associated with the Transit
Center are included in the area covered by the Eastern Dublin TIF, the TIF amount for those properties
within the current TIF area will be less than it would have been under the 2004 Update had the Transit
Center not been included.
Thus, the 2004 Update Study demonstrates that it is appropriate to include the Transit Center and the
associated improvements in the TIF.
Trip Generation
The 2004 Update Study refines the estimated trip generation from land subject to the EDTIF based on
actua11and use proposals. This refinement results in a total number of trips to be generated within the Fee
area of 361,432, as compared to 356,369 in the 1999 Update and 344,078 in the 1996 Update. The
changes are due to minor differences between the densities allowed under the SP and actual densities
proposed for projects that have received entitlements or for which project applications are currently
pending. The 2004 Update Study excludes trips generated by and from public facility land uses, including
public schools and parks, because the trips to and from these land uses are generated by new development.
Trips for Alameda County government offices are also currently excluded from the 2004 Update Study,
Page 8
42.11\ ~7
but differ from trips to schools and parks because they are not generated by the new development. 'thIs
information is shown in Attachments 9 and 10 to the Update Study.
Based on building permits issued in Eastern Dublin through March 31, 2004, and on construction activity
pursuant to existing entitlements, the 2004 Update Study estimates the number of trips for which the
EDTIF has already been paid at 103,026, and estimates that an additional 10,600 trips will pay the Fee at
the current rate before this update goes into effect. This results in an estimated 247,806 trips that will be
subject to the new Fee, of which 59,227 are generated from residential development and 188,579 are
generated from non-residential development.
These numbers will be increased with the addition of trips generated by the Eastern Dublin Transit Center.
The Transit Center will add 49,030 trips to the EDTIF, of which 9,030 are from residential development
and 40,000 are from non-residential development. This results in a total of 296,836 trips subject to the
revised Fee, of which 68,257 are residential trips.
Proposed TIF Rates
Based on the updated cost estimates and trip generation rates, the 2004 Update Study proposes a revised
EDTIF rate of $549 per trip for non-residential uses, $594 per trip for residential uses within the Transit
Center, and $695 per trip for residential uses outside the Transit Center. The application of these per trip
rates to particular non-residential and residential land uses is described at the beginning ofthis Report.
Future Adjustments to the TIF
Consistent with prior policy, the proposed resolution includes a process for making future adjustments to
the EDTIF, either based on further study and analysis of the then-current circumstances or on an automatic
adjustment.
The proposed resolution provides that the City will continue to conduct further study and analysis to
determine whether the Fee should be revised. When additional information is available, the Fee shall be
reviewed and revised to include amounts that are reasonably related to impacts of development in Eastern
Dublin. The City will evaluate land values through an appraisal approximately once every three (3) years.
The proposed resolution further provides that, in years in which the Fee is not adjusted based on specific
studies and analysis, it shall be automatically adjusted (on July 1) based on a formula that accounts for
changes in construction and land costs. The formula applies indicators of the change in construction and
land costs to the Fee rates, based on the relative allocation between the cost estimates for construction and
land acquisition for certain improvements included in the 2004 Update Study. This allocation is 68% for
improvements and 32% for land, and the formula will be weighted accordingly. The allocation is shown
on Attachment 2 ofthe Staff Report.
Area of Benefit Fee
The adoption of an Area of Benefit Fee is required by the Eastern Dublin Specific Plan and covers the cost
of construction of the major thoroughfares and bridges within the Specific Plan. Exhibit D to the
proposed resolution identifies the major thoroughfares and bridges included in the Specific Plan Area.
Exhibit D also includes cost estimates for construction of these improvements, using the updated cost
estimates included in the Update Study for improvements that have not yet been constructed or bonded.
Exhibit D does not include credits due for construction of portions of these major thoroughfares and
bridges, but provides that, in the event the Area of Benefit becomes effective, these credits will be
calculated and the Fee will be adjusted accordingly.
Page 9
4-:>P1-. ~1
The improvements included in the Area of Benefit Fee are also included in Section I of the Eastern Du61in
Traffic Impact Fee. Imposition of both the Traffic Impact Fee and the Area of Benefit Fee would be
duplicative.
In order to eliminate any doubt as to the validity of the EDTIF to pay for the construction of such
improvements, Section 12 of the proposed resolution has been added to satisfy both the procedural
requirements for the adoption of a fee under the Transportation Impact Fee Ordinance (No. 14-94) and the
Area of Benefit Ordinance (No. 10-94). Section 14 of Ordinance 10-94 provides that the Area of Benefit
Fee would be collected only in the event that the Traffic Impact Fee for the same improvements is held to
be legally invalid. Thus, there would be no duplication of fees.
Administrative Guidelines
The City Council last adopted administrative guidelines for the Fee program on February 16, 1999, under
Resolution No. 23-99. It is proposed that the guidelines remain in effect for the 2004 Fee update, with
one modification: Staff has received a request from property owners that the guidelines be modified to
increase the lifespan of EDTIF credits in order to offset the proposed increase in the minimum cash
payment for EDTIF fees.
Under the existing guidelines, EDTIF credits will remain in effect for ten (10) years, after which the
credits revert to a right of reimbursement for an additional ten (10) years. Since the higher minimum cash
payment will decrease the amount of existing credits that can be used with each building permit, it will
take a longer period of time for credit holders to utilize the remainder of their existing credits. This could
result in the loss of credits should the ten-year limit be missed.
The property owners are requesting that the credit life be extended by an additional ten years, which
would increase the credit life to twenty years plus the ten year right to reimbursement, or a total of thirty
years. Staff has reviewed this request and proposes to evaluate it further in coordination with current
credit holders. If the City Council approves, Staff will return at a later date with recommendations to
possibly amend the Administrative Guidelines to extend the life of the credits/reimbursements, as deemed
appropriate.
Staff also proposes to return to the City Council at a later date with recommendations to amend the EDTIF
Administrative Guidelines to allow the revenues from the Section II residential fee to be deposited in a
separate account to be used for the sole purpose of funding the cost of 500 spaces in the BART garage
structure.
Review Process for 2004 Update Study
A prior draft of the 2004 Update Study was sent to developers and affected property owners in Eastern
Dublin on April 28, 2004, for their review and comment. An informational meeting was held on Monday,
May 10, 2004 and was attended by six individuals, representing four property owners.
Verbal comments received at the meeting and Staffs responses are as follows:
Comment (Downtown TIF contribution for improvements): A number of Section II improvements are
proposed to be funded entirely by the EDTIF, without a proportionate contribution by the Downtown TIF
for the traffic generated within the Downtown Area (Comment from the Alameda County Surplus
Property Authority, or ACSP A).
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t..f~41\ 51
Response: Since there is currently no adopted Downtown TIF, there is no guaranteed revenue strðíní
from that fee. Therefore, revenue from the fee cannot be applied against the EDTIF improvements. There
are several accounts holding past traffic mitigation contributions paid by individual developments within
the Downtown area. These contributions total approximately $2.0 Million; the EDTIF cost estimates are
amended to show this revenue. No additional revenue beyond the existing contributions will be shown
until a Downtown TIF is adopted.
Comment (BART Parking Structure): The Section I Residential BART Parking Surcharge should be
included in the Section II costs (comment from the ACSP A). The ACSP A is concerned that, because of
the large amount of Section I credits held by other landowners, the surcharge will be paid using credits
instead of cash, and there will be no funds accrued to reimburse the ACSP A for its costs.
Response: The costs for constructing 500 spaces in the BART parking garage will be treated as a separate
fee, distinct from the other Section I fees. If the ACSP A constructs the structure, the ACSP A will receive
a $6 million credit for the BART Garage Section II fee. Since other developments cannot obtain credits
for the structure, these developments will have to pay the entire surcharge in cash. Staff will return with
revisions to the Administrative Guidelines that would enable ACSP A, being the only credit holder, to
receive the cash as it is accrued. There would be no reason for the City to retain the cash for other uses, as
the structure is the only improvement in this fee category.
Subsequent to the May 10th meeting, the BART parking garage was re-designated as a Section II
improvement since the structure has outside funding and meets the definition of a Section II improvement.
The fee for the parking structure will still be treated as a separate fee, and the designation change will not
impact the way the fee is administered.
Since the proposed Section II residential fee is intended to pay for only one improvement (i.e., 500 BART
garage spaces), it is appropriate to treat this fee differently by using the fee revenues to reimburse the
entity constructing this improvement. Staff proposes to return to the City Council at a later date with
recommendations to amend the Administrative Guidelines to allow the revenues ftom the Section II
residential fee to be deposited in a separate account to be used for the sole purpose of funding the above
improvement.
Comment (Minimum Cash Payment of Fees): The proposed update will increase the minimum cash
payment for fees, which will dilute the ability of credit holders to utilize existing credits. There is a
possibility that some credits will expire under the existing 10-year credit life. The credit life should be
revised to extend the current 10-year limit (comment from ACSPA).
Response: Staff is considering this request and will return to the City Council at a later date with
recommendations regarding the issue of extending the life of the credits/reimbursements. Staff will
conduct this evaluation in coordination with current credit holders.
Comment (Camino Tassajara GP A): Development within the Camino Tassajara General Plan
Amendment area (Intervening Properties and Alamo Creek Residential Developments) is conditioned by
Contra Cost County to pay fees to mitigate impacts to streets in Dublin (comment ftom MacKay and
Somps Engineers).
Response: The fee payment is limited to the Fallon Road/Dublin Boulevard intersection. The amount of
the fees is negligible in terms of the overall EDTIF costs. The fees are therefore not included in the
current EDTIF calculations.
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Following the meeting, three letters contammg written comments were received. These letters are
included in this Report as Attachment 5 and Staff responses are included as Attachment 6.
Environmental Analysis
The EIR and Addenda, the EDPOA SEIR, the IKEA SEIR, and the Transit Center EIR (collectively "the
Environmental Documents") describe the freeway, freeway interchange, and road improvements necessary
for implementation of the SP, along with transit improvements, pedestrian trails, and bicycle paths. The
adoption of the Fee is within the scope of the Environmental Documents.
The Improvements and Facilities were all identified in the Environmental Documents as necessary to
accommodate traffic to mitigate impacts of development in Eastern Dublin. The impacts of such
development, including the Improvements and Facilities, were adequately analyzed at a Program level in
the Environmental Documents. Since the certification of the Environmental Documents, there have been
no substantial changes in the projections of future development as identified in the Environmental
Documents, no substantial changes in the surrounding circumstances, and no other new information of
substantial importance so as to require important revisions in the Environmental Documents' analysis of
impacts, mitigation measures, and alternatives. Subsequent project-specific environmental review under
CEQA of the Specific Improvements and Facilities is not required at this stage as they will be
implemented over at least a 20-year period, and specific details as to their timing and construction are not
presently known.
Conclusion'
In accordance with Government Code Sections 66016 and 66017, notice of this public hearing was mailed
to those requesting such notice 14 days before this public hearing. Also in accordance with Government
Code Sections 66016 and 66017, the Attachments to this Staff Report and the Background Documents
(listed on page 1 of this Report) were made available for public review 10 days prior to this public
hearing.
The 2004 Update will continue to insure that new development will pay its fair share of the improvements
needed to mitigate the resulting new traffic and that those needed mitigations will be constructed.
Recommendation
Staff recommends that Council conduct a public hearing, deliberate, and adopt the Resolution establishing
the revised Traffic Impact Fee and Area of Benefit Fee for future developments within the Eastern Dublin
Area, as previously established by Resolution 1-95 and revised by Resolutions 41-96 and 225-99.
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, .
RESOLUTION NO. 111.. 04
A RESOLUTION OF THE CITY COUNCIL
OF mE CITY OF DUBLIN
.........
RESOLUTION REVISING THE TRAmc IMPACT FEE AND
AREA OF BENEFIT FEE FORFUTUREDEVÊLOPMENTS ..
WITHIN THE EASTERN DUBLIN AREA,
AS PREVIOUSLY ESTABLISHED BY RESOLUTlO~ NO. 1..95
AND REVISED BY RESOLUTION NO. 41..96 AND RESOLUTION NO. 225-99
WHEREAS, the City Council of the City of Dublin has adopted Ordinance No. 14-94 which
creates and establishes the authority for imposing and charging a Transportation Impact Fee; and
WHEREAS, the Eastern Dublin General Plan Amendment ("OP A") and Specific Plan (''SP'')
were adopted by the City in 1993; and
WHEREAS, the SP has been the subject of various amendme~ including an amendment known
as the Transit Center Specific Plan Amendment that added 90.65 acres to the area covered by the specific
plan; and
WHEREAS, the OPA outlined future land uses for approximately 4,176 acres within the City~s
eastern sphere of influence including approximately 13,906 dwelling units and 9.737 million square fee of
commercial, office, and industrial development; and
WHEREAS, the SP provides more speciftc detailed goals, policies, and action programs for
approximately 3,404'~s within the OPA area nearest to the City; and
WHEREAS, the OP A and SP areas are included on the Land' Use and Boundary Map of the
Eastern Dublin TIF Area attached hereto as Eshibit A; and .
. WHEREAS, a Prograrrt Environmental Impact Report ("EIR") was prepared for the OP A and SP
(SCH No. 91103604) and certified by the Council on May 10, 1993 by Resolution No. Sl~93, and two
Addenda dated May 4, 1993, and August 22, 1994 U(Addendaj have been prepared and considered by
the Council; and
WBEMAS, two Supplemental EIRs, for the IKEA project and the Eastern Dublin Property
Owners Annexation (respectively "the IKEA SEIR" and "the EDPOA SEIR"), have been certified for
portions of the OP A and SP areas; and
WHEREAS, the Diagram of the Eastern Dublin TIF Area also includes the Transit Center area,
and the area diagrammed on the Map is referred to as "Eastern Dublin"; and
WHEREAS, a Program EIR ("the Transit Center EIR") was prepared for the Dublin Transit
Center project, and certified by the Council by Resolution 21 S~02; and
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ATIACHMENT
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WHEREAS, the SP, EIR and Addenda, the EDPOA SEIR, the lKEA SEIR, and the Transit Center
ErR (collectively "the Environmental Documents") describe the :freeway, freeway interchange, and road
improvements necessary for implementation of the SP, along with transit improvements, pedestrian trails,
and bicycle paths; and
WHEREAS, the Environmental DocumentS assumedtbat..certain tta.ftic.improvements would be
made 'and that development within Eastern Dublin would pay its proportiOnate share of such
improvements; and
WHEREAS, the City Council adopted a "Mitigation Monitoring Program: Eastern Dublin
Specific Plan/General Plan Amendment" by Resolution No. 53..93 which requires development within
Eastern Dublin to pay its proportionate share of certain transportation improvements necessary to mitigate
impacts caused by development within Eastern Dublin; and
WHEREAS, the SP, EIR, and Addenda descn"be the impacts of contemplated future deveiopment
on eXistiI1g public mcilities in EastemDublin through the Year 2010, and contain an analysis of the need
for new public facilities and improvements required by future development within Eastern Dublin; and
, WHEREAS, the City Council adopted Resolution No. 1-95 on January 9, 1995, establishing an
"Eastern Dublin Traffic Impact Fee" for development within Eastern Dublin; and
WHEREAS, Resolution No. 1-95 relies upon and incorporates a report prepared for the City of
Dublin by Barton·Aschman Associates, Inc., in a document dated Nove~ 1994 and entitled 'Vfraffic
Impact Fee-Eastern Dublin" (hereafter "Study"), which is attached as Exltlbit B to Resolution No. 1·95;
and
WHEREAS, Resolution No. 1-95 further relies upon a second report which was prepared for the
City of Dublin by Santma and Thompson in a document dated December 30, 1994, entitled "Eastern
Dublin Traffic Impact Fee Study /Roadway Costs, Initial Level" (hereinafter "Cost Report''), which was
attached as E~ibit C to Resolution No. 1..95; and
WHEREAS, the çity Council adopted Resolution No. 41.;.96 on Apri19t 1996, revising the fee
established under Resolution No. 1-95, and. .
WHEREAS, Resolution No. 41-96 relies upon and incorporates a report prepared for the City by
TJKMC"I996 Study Update") and cost estimates prepared by Santina and Thompson ("1996 Cost
. Estimate Update"); and
WHEREAS, the City Council adopted Resolution No. 225..99 on December 7, 1999, revising the
. fee established under Resolution No. 41-96, and
WHEREAS, Resolution No. 225-99 relies upon and incorporates a report prepared by the
Department ofPubliç Works el999 Eastern Dublin Traffic Impact Fee Update", bereinafter ""1999 Study
Update"), and
WHEREAS, Section 8 of Resolution No. 225-95 provides that the City will periodicálly review'
the fee and make revisions as appropriate; and
2
'1ßøò þ;
WHEREAS, the City staff has prepared a revised report, dated May 27, 2004, as revised and
entitled "2004 Eastern Dublin Traffic Impact Fee Update" (hereafter "2004 Update Study") which is
attached hereto as ~xhjbit B; and
WHEREAS, the 2004 Update Study includes and incorporates the fullowing items:
· Table 1, which summarizes the calculations of the revised per trip traffic impact fee for Section I
improvements, Section I residential improvements, Section II ùuprovements, and Section II residential
BART parking improvement;
· Table 2, which provides detail of total (unadjusted) ùuprovement costs by section and project
segment:
· Attachments 1..5, which includes revised cost estimates for roadway improvements that have not
yet been constructed or guaranteed;
· Attachment 6, provided by the Finance Division, which provides a Summary of outstanding loans,
cash advances, or credits to developers for construction of improvements or dedication ofright..ot:way;
· Attachment 6a. which segregates the current balance of Section I Residential fee credits ftom the
total Section I credits;
· Attachment 7, which provides a summary of unencumbered Section I, Section I Residential,
Section II, and Dougherty Valley traffic nùtigation· fees which are currently on hand in reserve accounts;
· Attachment 8, which segregates the current bah\nce of unellC1,JD1bered Section I Residential fees
ftom the total Section I funds;
· Attachments 9, which provides detailed infunnation on the number .of trips generated for each
parcel in the Eastern Dublin Specific Plan Area (including the parcels within the Transit Center) that will
be subject to the existing fee rate; .
· Attachment 10, which provides detailed· information on the number of trips generated for each
parcel in the Eastern Dublin Specific Plan Area which will be subjêct to the proposed fee revision; and
.. Attachment 12, which provides a plan for paying off existing interest..bearing loans; and
WHEREAS, Resolution Nos. 1-95,41..96, and 225..99 set forth thei re1ationship between future
development in Eastern Dublin, the needed improvements and facilities, and the estimated costs of those
improvements and:fåcilities; and
WHEREAS, the 2004 Update Study demonstrates the appropriateness of modifying the Eastern
Dublin Traffic Impact Fee in certain respects; and
WHEREAS, the 2004 Update Study and the 2004 Cost Estimate Update were available for public
inspection and review Cor ten (10) days prior to this public hearing; and
WHEREAS, notice of the public hearing was provided as required by law.
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WHEREAS, the City Council finds as follows:
A. The purpose of the Eastern Dublin Traffic Impact Fee (hereafter "Fee") is to finance public
improvements and facilities needed to reduce the traffic~relatedimpacts caused by future development in
Eastern Dublin. The public improvements and facilities are listed in the Study, the 1996 Study Update,
the 1999 Study Update and the 2004 Update Study under Sections L II~ and III and are hereafter defined
and referred to as "Improvements and Facilities." The I~rovements and Facilities listed under Section I
refer to Improvements and Facilities within the Eastern Dublin Specific Plan Area, which are needed
solely to accommodate new development projected within Eastern Dubl~ and such Improvements and
Facilities are funded l000/Ó through the Fee. The Improvements and Facilities listed under Section II refer
to Improvements and Facilities within or outside the Eastern, Dublin Specific Plan ~ whjch are
needed, in ~ to support new development projected within Eastern Dublin, and the Fee' funds the
proportionate fair share by Eastern Dublin deVelopment to construct such Improvements and Facilities.
The Improvements and Facilities listed UDder Section In ("Section III Improvements") are all necessary to
accommodate new development projected within the wider region by the Year 2010, including
development within Eastern Dublin.
Although the City bas adopted the TVTD Fee by Resolution 85-95, and Section 10 of that
resolution ~ Section III ~ the portion of the Fee attributable to, Section In improvements will
be adjusted if and when the Section III portion of the Fee becomes effective· again by any· adjustments
made to the cost of improvements and/or right-of-way from the effective date of Resolution 85-95 to the
date the Section UI portion of the Fee becomes effective.
B. The fees conected pursuant to this resolution shall be used to finance the Improvements
and Facilities. .
. C. After considering the Study, the 1996 Study Update, the Cost Estimate Repo~ the 1996
Cost Estimate Update, the 1999 Study Update, the 2004 Update Study, Resolution No. 1-95, Resolution
41-96, Resolution 225·99" the Agenda Statement, the SP, the General Plan, the Environmental
Documents, all correspondence received and the testimony received at the noticed public hearing held on
June 15,2004, the Council reapproves and readopts the Study, as revised by the 1996 Study Update, the
1999 Study Update" and the 2004 Update Study, and the Cost Estimate Report, as revised by the 1996
Cost Estimate, the 1999 Cost Study Update and the 2004 Update Study, and incorporates each herein, and
further finds that future development in Eastern Dublin will generate the need fur the Improvements and
Facilities and the Improvements and Facilities are consistent with tbeGP A, the SP, and the City's General
Plan.
D. The adoption of the Fee is within the scope ofllie Environmental Documents.
E. The Improvements and Facilities. were all, ideµ:tifi~. iµ the ..~n~mnenta1. Doctnnents as
necessary to accommodate traffic from and/or to, to mitigate impacts of developmetd:'jJ'\ EBstem DUblin. .
The impacts of such development, including the Improvements and Facilities, were adequately analyzed
at a. Progn)D1 level in the Environmental Documents. Since the certiñ. . cat. ion O. f the Environmental.
Docwnents" there have been no substantial changes in the projections of futw'e development as identified
in the Environmental Documents, no substantial changes in the surrounding cÎJ'cumstances, and no other
new infonnation of substantial importance so as to require important revisions in the Enviromnental
Documents' analysis of impacts, mitigation measures, and alternatives. Subsequent project..specific
environmental review.under CEQA of the Specific Improvements and Facilities is not required at this
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stage, as they will be implemented over at least a 20..year period and specific details as to their timing and .
construction are not presently known.
E. The record establishes:
1. That there is a reasonable relationship between the need fur the Improvements and
Facilities and the impacts of the types of development for which the corresponding fee is charged in that
new development in Eastern Dublin, both residential and rton~residentiaI, will generate traftic which
generates or contributes to the need for the Improvements and Facilities; and
2. That there is a reasonable re1ationsmp between the Fee's use (to pay for the construction of
the Improvements and Facilities) and the type of development for which the Fee is charged in that all
development in Eastern Dublin, both residential and. non-residential, generates or contributes to the need
for the Improvements and Facilities; and
3. That there is a reasonable relationship between the amount oCtile Fee and the cost of the
Improvements and Facilities or portion thereof attributable to development ,in Eastern Dublin in that thé
Fee is calculated based on the number of trips generated by specific types of land uses, the total amount it
will cost to constnJct the Improvements and Facilities; and the percentage by which development within
Eastern Dublin contributes to the need fur the Improvements and Facilities; and
4. That the cost estimates set forth in the Study, as revised by the 1996 Study Update, the
1999 Study Update, and the 2004 Study Update, and the Cost Estimate Report, as revised by the 1996
Cost Estimate, the 1999 Study Update, and the 2004 Update Study, are reasonable cost estimates for
constructing the Improvements and Facilities, and the Fees expected to be generated by future
development will not exceed the projected costs of constructing the Improvements and Facilities; and
s. The method of allocation of the Fee to a particular development, set forth in the Study, as
revised in the 1996 Study Update, the 1999 Study Update, and the 2004 Update Study, bears a fair and
reasonable relationship to each development's burden .on, and benefit ftotn, the Improvements and
Facilities to be funded by the Fee, in that the Fee is calculated based on the number of automobile trips
each particu1ar development will generate.
NOW THEREFORE, the City Council oftbe City of Dublin does RESOLVE as follows:
1. Definitions
a. "Development" shall mean the construction, alteration or addition
of any 'building or structure within E~em Dublin.
b. "Eastern Dublin" shall mean all tenitory depicted within the Eastern Dublin TIF
Area on the Land Use and Boundary Map attached hereto as Exhibit A.
c. "Improvements and Facilities" shall include those transportation and transit
itnprovements and :tàcilities as are descn"bed in Section I, n and In of the Study and as described in the
1996 Study Update, 1999 Study Update, the 2004 Update Study, 1996 Cost Estimate, SP, and the
Environmental DOcuments. "Improvements and Facilities" shall also include comparable alternative
improvements and facilities should later. changes in projections of development in the region necessitate
construction of such alternative improvements and facilities; provided that the City Council later
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51D"b'?1
determines (1) that there is a reasonable relationship between development within Eastern Dublin and the
need for the alternative improvements and facilities, (2) that the alternative improvements and 1àcilities
are comparable to the ùnprovements and :tàcilities in the Study, 1996 Study Update, the 1999 Study
Update,.and the 2004 Update Study, and (3) that the revenue from the Fee. will be used only to pay
Eastern Dublin development's :fàir and proportionate share of the ahernative improvements and tàcilities.
d. ~'Low Density Dwelling Unit" shall mean a dwelling unit as defined in the Uniform
Building Code (UBC) as adopted by the City of Dublin comtructed or to be constrocted on property
designated by the SP and OP A for up to six units per acre.
e. "Medium Density Dwelling Unit" shall mean a pwelling unit as defined in the .
Uniform Building Code. (UBC) as adopted by ~e City of Dublin constructed or to be çÒnstructed on
property designated by the SP and OP A for over 6 to 14 units per acre.
£ G4<MediumlHigh Density Dwelling Unit" shan mean a dwelling unit as defined in the
Uniform Building Code (UBC) as adopted by the City of Dublin constructed or to be constructed on
property designated by the SP and OP A for over t 4 to 2Sunits per acre.
g. "High Density Dwelling Unit" shall mean a dwelling unit as defined in the Uniform
Building Code (UBC) as adopted by the City of Dublin Constructed or to be constructed on property
designated by the SP and OP A for over 25 units per acre.
2. Traffic Impact Fee Imposed
a. A Tmffic Impact Fee ("Fee'') shall be charged and paid for each Low Density
Dwelling Unit, Medium Density Dwelling Unit, MediumlHigh Density DweUing Unit, and High Density
Dwelling Unit within Eastern Dublin no later thfµ), the ~~9{~J~pection for the unit, provided that
the Fee shall be payable by the date that the building permit is issued for any such Unit ftom and after the
date the City Council approves a Capital Ilrtp1'Ovenient Program. for the Improvements and Facilities.
b. A Fee shall be charged and paid for non-residential buildings Qr structures witIûn
Eastern Dublin at the time of issuance of the building permit for such building or structure, except where
the building or structure will require a later stage of discretionary approval by the City before it can be
occ~ in which case, with the approval of the ~1ic Works Director, the Fee for that building or
structure may be deferred for payment to the date the City makes the last discretionary approval which is
required prior to occupancy. Each component of the Fee, - including the Section I Fee, Section I
Residential Fee, Section II Fee and Section II Residential Parking Garage Fee, is a separate fee and
together they are referred to as the "Fee:" ."
3. Amount of Fee
a. Low Density Dwelling Units (Outside Transit Center). The amount of the Fee for
each Low Pensity Dwelling Unit shall be $6,950 per unit.
b. Medium Density Dwelling Units (Outside Transit Center). The amount of the Fee
for each Medium Density Dwelling Unit shall be $6,950 per unit.
c. MecliumIHigh Density Dwelling Units (Outside Transit Center). The amount of the
Fee for each MediumlHigh Density Dwelling Unit sIiall be $4,865 per wût.
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d. High Density Dwelling UnitS (Outside Transit Center). The amount of the Fee for
each High Density Dwelling Unit shall be $4,170 per wût.
e. High Density Dwelling Units (WIthin Transit Center). The· amount of the Fee for
each High Density Dwelling Unit shall be $3,564 per unit.
£ Non-Residential Buildings or Structures. The amount of the Fee for each Non-
Residential Building or Strocture shall be $549 per average weekly hip. The amount of Traffic Impact
Fees for Residential and Non--Residential Uses are shown on I~ib¡t c.
4. Minitnum Cash Pàyment
a. The minimum ca1Sb payment for Secûon I fees sh811 be 11% of the total fee. The
minimum. cash payment for Section n fees shall be 25% of the total.fee. Developers may utilize credits
fur the remainder of the 1èe, if authoñzed by the Administrative Guidelines.
The City will utilize the appropriate percentage of the .cash payment for repayment of
existing interest-bearing loans or advances ftom other agencies, as listed on Attachment 6 to Jtshibit B.
The remaining percen1age of the cash payment will be used· for construction of remaining improvements .
as listed on Attachment 1 to Ixhibit ~.
s. Exemptions From Fee
a. The Fee sball not be imposed on any of the following:
1) Any alteration or addition to a residential structure, except to the extent that
a residential unit is added to· a single-family residential unit or is added to anexistÎDg muhi-family
residential unit;
2) Any replacement or reconstruction ,of an existing residential structure that
has been destroyed or demolished provided that the buikiing permit for reeonstmction is obtained within. .
one year after the building was destroyed or demolished unless the replacement or reconstruction'
increases the square footage of the structure fifty percent or more.
3) Any replacement or reço~n of an existing non-residential structW'e
that bas been destroyed or demolished provided that the building permit: for new reconstruction is
obtained within one year after the building was destroyed or demolished and the reconstructed building
would not increase the destroyed or demolished building's trips based on Exhibit C.
4) Retail uses within the Eastern Dublin Transit Center and the Fairway Ranch
High-Density Residential Development, as these uses are considered ancillary to the adjoining residential
uses and will not generate outside vehicle trips.
6. Use of Revenues
a.. The revenues raised by payment of the Fee shall be placed in the Traffic Impact
Fee Fund. Separate and special accounts within the Traffic Impact Fee Fund shall be used to account for
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, such revenues, along with any interest earnings on each account. The revenues (and interest) shall be
used for the following purposes:
1) To pay for design, engineering, right..of-way acquisition and constroctions
of the Improvements and Facilities and reasonable costs of outside consUltant'studies related thereto;
, '
2) To reimburse the City for Improvements and Facilities constructed by the
City with funds from other sources, including funds from other public entities, unless the City funds were
obtained ftom grants or gifts intended by the grantor to be used for traffic improvements.
3) To reimburse developers and/or public agencies who have constructed
Improvements and Facilities; and
4) To pay for and/or reimburse costs of program development and ongoing
administration of the Fee program.
b. Fees in these accowits shall þe e::KpCnded only for the Improvements and
Facilities and only for the purpose for which the Fee waS collected..
7. Standards
The standards upon which the- needs for the Improvements and Facilities are based are the
standards of the City of Dublin, including the standards contained in the General Plan, SP, and the
Environmental Documents.
8. No ExistiDg Deficiencies
The City CotmCil determines that there are no, existing deficiencies within Eastern DubJµ¡
and that the need for the Improvements and Facilities in Category I (Section I) of the Study, 1996 Study
Update, the 1999 Study Update, and the 2004 Update Study, is generated entirely by new development
within Eastern Dublin and, further, th8.t the need for the Improvements and Facilities in Category n and
fiI (Section II and fiI) of the Study, 1996 Study Update, the 1999 Study Update, and the 2004 Update
Study, is generated by new development within Eastern Dublin and other new development and,
therefore, the Study, as revised by the 1996 Study Update, the 1999 Study U~, and the 2004 Update
Study, bas determined the proportionate share of the cost of the Improvements and Facilities for which
development within Eastern Dublin is responsible.
9. Periodic Review
a. During each fiscal year, the City Manager shall prepare a report for the City
Council, pursuant to Government Code Section ~.
b. Pursuant to Government Code Section 66002, the City Council shall also review, as
part of any adopted Capital Improvement Program each year~ the approximate location, size, time of
availability and estimates of cost for all Improvements and Facilities to be:finaµced with the F~~ The
estímatedcosts shall be adjusted in accordance with appropriate indices ôf inflation. The City CoWlCil
shall make findings identifYing the purpose to which the existing Fee balances are to be put and
demonstrating àreasonable relationship between the Fee a,nd the purpose for which it is charged.
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to. Subsequent Analysis of the Fee
The Fee established herein is adopted' and implemented by the City Council in reliance on
the record identified above. The City will cOntinue to conduct further study and analysis to determine
whether the . Fee should be, revised. When additional information ..is. avaiJable, the City Council shall
review ,the Fee to detennine that the amounts are rçasonably reI8ted tö the impacts of development within
EastemDublin. The city Council may revise the Fee to incorporate the findings and conclusions of
further studies and any standards in .the GPA, SP and General Plan, as well as increøses due to
construction costs 8,11d land values. The City will evaluate land values through an appraisal approximately
every three (3) years.
11. Automatic Increase in Fee
The purpose of this section is to provide for an automatic annual adjustment to the Fee in
years when the City Council does not revise the Fee pursuant to Section 9 above.
The City Manager shall adjust the Fee automatically, effective Iuly 1,2005 and each July I
thereafter, as follows:
a. The costs of construction of the Facilities (as shown in the 2004 Cost Estimàte
Update) shall be increased/decreased by the annual percentage increase/decrease in the Engineering NeW$
Record's Construction Cost Index (2o.cityavèrage) for the month of April over the same CoDStruction
Cost Index for the month of April of the prior year. The City Manager may round the;Fee adjustment to
whole dollars. . . . .
b. The Land CoSt per acre for the Facilities. shall be increasedIdecreased annually by
the percentage increase/decrease between the land cost per acre in the most recent land appraisal
(prepared for the City for purposed of adjusting the Fee) over the land cost per acre in the îmn1ediately
,preceding appraisal (prepared for. the City for purposes of adjusting the Fee and using the same
methodology), calculated as an annual increase/decrease. For example, if the appraised land value in
Year One is $10/acre and in y~ Two is Sll/acre, that is annual increase of 10% which will result in a
yearly increase of 10%, until the Fee is revised, by the Council pursuant to Section 9 above. The City
Manager may round the Fee adjustment to whole dollars.
12. Area ofBenefrt Fee
A portion of the Fee shall also be deemed to bean Area ofBe~fit Fee ¢opted pursuant to
Ordinance No. 10-94. This is the portion of the Fee designated for the construction of those
improvements and fàcilities identified in Category I (Section I) of the Study that are major thoroughfares
, and bridges. These improvements and the estimated cost of such improvements are listed on ~
attached hereto. The "Area ofBeneñt" is Eastern Dublin as defined herein. The fee shall be apportioned '
over the Area of Benefit in the same manner set forth in Section 3 oftbis resolution and in the Study.
1996 Study Update. the 1999 Study Update, and the 2064 Update study, with the amount to be assessed
for residential and non-residential as shoWn on Exhibit D. The Area of Benefrt Fee shall be deposited
into the City's Traffic Impact Fee Fund into separate accounts established for each of the improvements
identified in ~~Jb¡t D.
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13. Administrative Guidelines
The City Cowcll may adopt administrative guidelines for the fee program to provide
procedures for reimbursement, credit or other administratiye aspects of the Fee. The amount of any
reimbursèment or credit shall be determined by the Public Works Director using the costs of construction
and value of rigbt--o:t:way used by the City in calculating and establishing the Fee. The amount of any ,
reimbursement or credit, once established; shall not be ~ fQr~t,ion,nor ~l, ~staccrue on
such amount. No credit or reimbursement shall be given unless the improvenientsooriSii1îcte<ï are"the
Improvements and Facilities described herein. Reimbursement shall only be ftom revenues rai$OO by
Payment of the Fee.
14. Effective Date
This resolution s1uill ~rne~ff~~yc=}~~!~,ç~y. The Fee provided in Sections 2 and 3
of this resolution shall be effective 60 days from the effective date of the resolution and shall supersede ~
the Fee established by Resolution No. 225-99 sixty (60) days ':iTom the effective date oftbe resolution.
The Area of Benefit Fee established in Section 12, of this resolution shall be effective only if the Fee
provided in Sections 2 and 3 hereof is declared invalid for any reason.
15. Severability
Each component of the Fee, including the Section I fee, Section I ResidentiaJ,. Section II, Section
II Residential Parking Garage Fees and each and every improvement financed by the Fee or any of the
component fees, and all portions oftbis resolution are severable. Should any individual component fee of
the Fee or other provision of this resolution be adjudged to be invalid and unenforceable, the remaining
provisions shall be and. continue to be fully effective, and the Fee shall be fully effective except as to that
portion that has been judged to be invalid.
PASSED, APPROVED AND ADOPTED this 15th day of June, 2004.
AYES: Councilmembers McCormick,. Oravetz and Sbranti, and Mayor Lockhart
NOES: V~ Zika
ABSENT: None
ABSTAIN: None
A~~~
Deputy City Clerk .
G: ICC-MTGSI1004-q11'2VU1UII06-J 5-041re»«ltffDOC (lWm 6.1)
10
ExhibltC
EASTERN DUBLIN TRAFFIC IMPACT-FEE
Effective August 15, 2004
ESTIMATEPJIVEEKDAY VEHICLE
TRIP GENt;::RAT/ON RATE
fWlTH PAS~·BY}
LAND USE
(Non-ReSidential)
RESTAURANT:
, '
- ~l.Þ øo G?
Qua'lity (leisure) See appropriate Shopping Genter-Rate
Sit-down. hi'gh turnover (usually chain other' than fast food)· See appropriate Shopping Center Rate
BarlTavem - . . , See appropriate Shopping Center Rate
Fast Food (with or without drive through) , 465/1,000 sf
AUTOMOTIVE:
Car Wash:
Automatic
Self-Sèrve ,
Gas Station with or without food mart
Tire Store/Oil Change Store
Auto Sales/Parts Store
Auto Repair Center
Truck Terminal
FINANCIAL:
Bank/Savings and Loan
COMMERCIAURETAIL:
_ Super Regional Shopping Center
(More than,600,000 SF.; usually
more than 60 acres, with
usually 3+ major stores)
Regional Shopping Center '
(300,000 - 600,000 SF; usually
30 - 60 acres, w/usually 2+ major stores)
Community or Neighborhood Shopping Center
(Less than 300,000 sf; less than 30 acres
w/usually 1 major store or grocery store
and detaçhed restaurant and/or drug store)
Commercial Shops:
Retail/Strip Commercial (no major store)
Supermarket
, Convenience Market
Discount Store
585/site,
70/wash stall
97/pump
281servlce bay
(no pass.bys) 48/1,000 sf
(no'pass-bys) 20/1,000 sf
, (no pass-bys) aD/acre -
See appropriate Shopping Center Rate
22/1,000 sf
33/1 ;000 sf
46/1,000 sf
26/1,000 sf
98/1 ,000 sf
325/1,000 sf
46/1 ,000 sf
land uses marked in BOLD will, always pay at the individual trip ratè as these uses tend to
generate destination trips. Commercial/retail and certain recreation uses will pay at the individual
trip rate if the site is a stand-alone land use; if the land use is part of a larger shopping center, the
appropriate shopping center trip rate will apply.
Page 2 of 2
6117/2004
ATIACHMENT
s.
'"'
" 51rJbG7
-
RESOLUTION NO. 23 - 99
,,-..
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
****tt**tt*
ESTABLISHING ADMINISTRATIVE GUIDELINES RELATED TO
EASTERN DUBLIN TRAFFIC IMPACT FEES
WHEREAS~ tlte City Council has Established a Traffic Impact Fee (TIF) applicable to development
occurring within the Eastern Dublin Specific Plan Area~ and
WHEREAS, the current TIP was adopted in Apri11996 with Resolution 41-96; and
WHEREAS, Section 11 of Resolution 41-96 provides for the future adoption of Administrative
.. Guidelines by City Council Resolution; and '
WHEREAS, the intent of the Guidelines is to provide procedures for reimbursement, credit, or
other administrative aspects of the Traffic Impact Fee Program; and
WHEREAS, Guidelines have been prepared which address conunon issues related to the collection
of the TIF and administration of Credits; and
.r-_
WHEREAS, the Guidelines as prepared are consistent with the requirements of Resolution 41-96
and existing laws and regulations~ and
WHEREAS, '"Draft Copies" of the Guidelines were distributed to Interested Parties for their
review and conunent 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 16th day ofFebrumy, 1999.
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers Howard, Lockhart, McCormick, Zika and Mayor Houston
None
None
None
JhJ/~0t
Mayor
ATTEST:
.-.
K2/G/2-16-99/reso-edtif
G:ImpactFee/Guides/Cncladptlresoadopt. doc
ATTACHMENT
~.
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