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HomeMy WebLinkAboutItem 6.6 Amend Tri-ValyTrans Dev (2) ~-'-,.. ~ . CITY CLERK File # 0[3][2][22]..[2][0] e AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 4, 1999 SUBJECT: ATTACHMENTS: RECOMMENDATION: 1. II_v!\- 2. f 3. 4. 5. FINANCIAL STATEMENT: Public Hearing: Amendment to Tri-Valley Transportation Development Fee (Report prepared by Elizabeth H Silver, City Attorney) 1. Resolution No. 89-98 establishing Tri- Valley Transportation Development Fee for Future Developments within the City of Dublin Proposed Resolution amending Tri- Valley Transportation Development Fee 2. Open public hearing. Receive Staff Report and public comment. Close public hearing. Deliberate. Adopt Resolution amending Tri- Valley Transportation Development Fee (Attaclunent 2) None. DESCRIPTION: On May 5,1998, the City Council approved the Joint Exercise of Powers eA::rreement ("JP A") for the Tri-Valley Transportation Development Fee (TVTD Fee). On June 16, 1998, the Council adopted Resolution 89-98 (Attaclunent 1) establishing the TVTD Fee. The purpose of the TVTD Fee is to finance transportation improvement projects needed to reduce traffic related impacts caused by future development in the Tri-Valley development area which includes Dublin. The TVTD Fee will be used to partially finance eleven described projects. The TVTD Fee became effective on September 6, 1998. Amendment Re: Development AlZreements: The JP A provides that each party will levy the TVTD Fee on all projects not legally precluded from paying the Fee. Section 4(g) of Resolution 89-98 provides an exemption from the fee for development projects which are subject to a development agreement provided the fee shall apply to any "significant" changes to the development agreement adopted after January 1, 1998. The City of Pleasant on recently amended its TVTD fee to clarifY that this exemption does not apply to those development agreements which require payment of the TVTD Fee. It was not the intent of the Joint Powers Agreement or Resolution 89-98 to exempt all projects with development agreements; rather, the intent was to exempt only those projects subject to development agreements which exempt the project from the fee. The proposed amendment to the TVTD Fee would clarify that a development project which is subject to a development agreement which requires the developer to pay the TVTD Fee is not exempt from the fee. This amendment will eliminate any possible ambiguity regarding the application of the TVTD Fee to .pr..jects with development agreements which, by their terms, require payment of the TVTD Fee. All evelopment agreements for Eastern Dublin projects require payment of the TVTD Fee. --------------------------------------------------------._--------------------~------------------------------------------------- COPIES TO: \ \DlJBLlNFS2\CM\CC-MTGS\99-QTR2\May\S-4-99\as-trlIll5 fee.doe ITEM NO. Amendment Re: Effective Date of Annual Adiustments: The JPA provides that the Fee will be adjusted annually on March 1 by the increase or decrease in the Engineering News Record's Construction Cost Index for the San Francisco Bay Area. Resolution No. 89- 98 includes such an adjustment in Section 5(a). The TVTC has recommended that the seven jurisdictions change the effective date of the adjustment from March 1 to July 1 since the information is not available until after March 1. The proposed amendment would make this change. Recommendation: Staff recommends that, following the public hearing, the Council adopt the proposed resolution amending the Tri-Valley Transportation Development Fee. \ \DUBLINFS2\CM\CC-MTGS\99.QTR2\May\5-4.99\as.trans fee.doc -~'2- . . . . . . /crf I~ RESOLUTION NO. 89 - 98 A RESOLUTION OF THE CITY COUNCIL OF THE CTIY OF DUBLIN ***** ESTABUSHlNG A TRI- VALLEY TRANSPORTATION DEVELOPMENT FEE FOR FUTURE DEVELOPMENTS WITHIN THE CITY OF DUBLIN WHEREAS, Chapter 7.82 of the Dublin Municipal Code creates and establishes the authority for imposing and charging transportation impact fees; and WHEREAS, the City's General Plan outlines future land uses within the City and within the Extended Planning Areas; and WHEREAS, the Eastern Dublin Specific Plan ("SP") provides more specific detailed goals, policies and action programs for approximately 3313 acres within the City; and WHEREAS, the General Plan, the SP, the Eastern Dublin Environmental Impact Report (SCH #911 03604) and Addenda descnbe the freeway, freeway interchange and road improvements necessary for implementation of the General Plan and the SP; and "WHEREAS, the "Tri- Valley Transportation Council" ('TVTC") consists of one representative of each of the following entities: County of Alameda, County of Contra Costa, City of Dublin, City of Livermore, City of Pleasant on, City of San Ramon and Town ofDanville; and WHEREAS, a report was prepared for the TVTC by Barton~.Aschman Associates Inc.,in a document dated July 1995 entitled "Tri- Valley Transportation Plan! Action Plan for Routes of Regional Significance" (hereafter "Plan"), which is incorporated herein as Attachment A; and WHEREAS, a second report was prepared for the TVTe and Dowling Associates by CCS Planning and Engineering, Inc. -in a document dated December 6, 1996 entitled "Tri- Valley Combined Studyrrechnical Report: Status and Funding of High Priority Projects" (hereafter "Study"), which is incorporated herein as Attachment B; and WHEREAS, the Study includes a 13-page report entitled <'Tri-Valley Regional Transportation Improvement Fee Program! Nexus Analysis" prepared by Cambridge Systematics, Inc.; and WHEREAS, the Plan and Study describe the impacts of contemplated future development on existing public facilities in the Tri-Valley Development Area, which includes the incorporated and unincorporated portions of Alameda County and Contra Costa County on the map attached hereto as Attachment C and which includes Dublin, through the year 2010, and contain an analysis of the need for new public facilities and improvements required by future development 'Within the Tn-Valley Development Area, including Dublin; and ATTACHMENT 1 ;< ~ /b WHEREAS, the County of Alameda, County of Contra Costa, City of Dublin, City of Livermore, City of Pleasant on, City of San Ramon and Town ofDanville are parties to an . agreement entitled "Joint Exercise of Powers Agreement Pertaining to Tn-Valley Transportation Development Fees for Traffic Mitigation," dated April 22, 1998 ("JPA"); and WHEREAS, the California Department of Transportation/California Transportation Commission approved a Negative Declaration (SCH# 96042087) on September 19, 1996 for the 1-580/680 Interchange Project ("580/680 Interchange Negative Declaration"); and WHEREAS, the Plan and Study'set forth the relationship between future development in Dublin, the needed improvements and facilities, and the estimated costs of those improvements and facilities; and WHEREAS, the Plan and Study were available for public inspection and review for ten (10) days prior to this public hearing; and WHEREAS, the City Council finds as follows: A The purpose of the Tn-Valley Transportation Development Fee (hereafter "TVID Fee") is to finance Transportation Improvement Projects needed to reduce the traffic-related impacts caused by future development in the Tn-Valley Development Area, including Dublin. With the exception of , Ramp Metering" which is not a Transportation Improvement Project, the . Transportation Improvement Projects are listed in the Plan in Table 8-3 and consist of the following eleven (11) projects which are hereafter defined and referred to as "Transportation Improvement Projects". 1. Improvements to the 1-580/I-680 interchange: construct a southbound 1-680 to-eastbound 1-580 flyover and associated improvements (not to exceed $5,548,300) 2. Improvements to State Route 84 between 1-580 and 1-680 3. Auxiliary lanes along 1-680 from Diablo Road to Bollinger Canyon Road 4. West Dub1in/Pleasanton BART Station 5. 1-580 HOV lanes between Santa Rita Road and Greenville Road 6. 1-680 HOV lanes from the State Route 84/I-680 interchange to the top of the Sunol Grade 7. Improvements to the 1-580/Foothill Road/San Ramon Boulevard. interchange . 8. Improvements to I-680/Alcosta Boulevard interchange 2 3; ~ jt. . 9. Crow Canyon Road safety improvement west of Bollinger Canyon Road 10. Vasco Road safety improvements north ofl-580 within Alameda County II. E},.-press bus service in the Tri- V alley area The Transportation Improvement Projects are all necessary to accommodate new development projected within the Tri -Valley Development Area by the year 2010, including development within Dublin. B. The fees collected pursuant to this resolution shall be used to finance the Transportation Improvement Projects. C. After considering the Plan. the Study, the Agenda Statement, the General Plan, the SP, the 580/680 Interchange Negative Declaration" all correspondence received and the testimony received at the noticed public hearing held on June 16, 1998 (hereafter the "record"), the Council approves and adopts the Plan and Study and incorporates them herein, and further finds that future development in Dublin will generate the need for the Transportation Improvement Projects and the Transportation Improvement Projects are consistent with the City's General Plan and the SP. . . D. For the purposes ofCEQA, the Council finds that the adoption ofthe TVID Fee is not a "project" under section 15378, subdivision (b)(5) ofthe CEQA Guidelines. While the TVTD Fee is intended to offset development impacts on regional traffic facilities by funding improvements to those facilities, the proceeds of the TVTD Fee are not, at this time, being committed to any specific project which "may result in a potentially significant physical impact on the environment," and, with one exception" it is not known at this stage which regional traffic improvements will be funded with such proceeds. The only improvement for which the proceeds of the TVT.O Fee are being committed is the improvement of the 1-580/I-680 Interchange, for which the California Department of Transportation/California Transportation Commission approved a Negative Declaration (SCH# 96042087) on September 19, 1996. Because a negative declaration has been adopted for this project, it cannot be said that the interchange improvement "may result in a potentially significant physical impact on the enviromnent." In any event, pursuant to section 15096, subdivision (f). this Council has reviewed said negative declaration, and the enviromnental effects identified in said negative declaration. Pursuant to section 15096, subdivision (g)(1), the Council finds that none of the mitigation measures identified in said negative declaration are within the jurisdiction of the City of Dublin. E. The record establishes: .,' . I. That there is a reasonable relationship between the need for the Transportation Improvement Projects and the impacts of the types of development for which the corresponding fee is charged in that new development in the City of Dublin -- both residential and non-residential -- will generate traffic which generates or contributes to the need for the Transportation Improvement Projects; and 3 ---- y ~'/6' 2. That there is a reasonable relationship between the TVTD Fee's use (to pay for the construction of the Transportation Improvement Projects) and the type of development for . which the TVTD Fee is charged in that all development in Dublin - both residential and non- residential - generates or contnbutes to the need for the Transportation Improvement Projects; and 3. That the cost estimates set forth in the Plan and Study are reasonable cost estimates for constructing the Transportation Improvement Projects, and the TV1D Fees eh"Pected to be generated by future development will not exceed the projected costs of constructing the Transportation Improvement Projects; and 4. The method of allocation of the TVTD Fee to a particular development bears a fair and reasonable relationship to each development's burden on, and benefit from, the Transportation Improvement Projects to be funded by the TVTD Fee, in that the TVID Fee is calculated based on the number of automobile trips each particular development will generate. NOW THEREFORE, the City Council of the City of Dublin does RESOL VB as follows: L Definitions a. "Gross Floor Area" refers to the sum of the area at each floor level, including, but not limited to, cellars, basements, mezzanines, penthouses, corridors, lobbies, stores, and offices, that are included within the principal outside faces of exterior walls, not including architectural setbacks or . projections. Included are all stories or areas that have floor surfaces with . clear standing head room (six feet, six inches minimum) regardless of their use. Where a ground level area, or part thereot: within the principal outside faces of the exterior walls is left unenclosed, the gross area of the unenclosed portion is- to be considered as a part of the overall square footage of the building. All unroofed areas and unenclosed roofed-over spaces, except as defined above, are to be excluded from area calculations. The gross area of any parking garages within the building shall not be included within the gross area of the entire building. b. "Industrial" refers to developments for the purpose of manufacture or fabrication of products, the processing of materials, the warehousing of merchandise for sale or distribution, research and development of industrial products and processes, and the wholesaling of merchandise. c. "Land Use Entitlement" means a pennit or approval granted for a development project as that term is defined in Government Code 966000. d. "Multi Family Residential" refers to buildings or parts thereof designed and used exclusively as a dwelling unit among other dwelling units, either on the same parcel (e.g., apartments and mobile home parks) . or under separate ownership (e.g., condominiums, townhomes, duplexes, or duets). 4 5" ucf /6 . e. "Office" refers to developments for the purpose of housing non- commercial, non-manufacturing businesses. f. "Other Uses" refers to land use categories not implicitly included within the land use categories of "Single Family Residential", "Multi Family Residential" "Retail" "Office" or "Industrial" and for which alternative , " , rates can be found in the Institute of Transportation Engineers Trip Generation Manual or in a list of peak-hour trip rates that the Tri- Valley Transportation Council has explicitly approved. g. "Retail" refers to developments for the purpose of the retail sale of merchandise and services. h. "Single Family Residential" refers to detached buildings designed for occupation as the residence of one family. . i. "Subsidized Housing Developmentll refers to housing facilities developed by public agencies, limited dividend housing corporations, or non-profit corporations, and maintained exclusively for persons or families of very low, low or moderate income, as defined in Section 50093 of the Health and Safety Code. j. "Transportation Improvement Projectsll shall include the following public improvements required to mitigate the regional traffic impacts of development within the T ri- Valley Development Area: (l) Improvements to the 1-5801I-680 interchange: construct a southbound 1-680 to eastbound 1-580 flyover and associated improvements (not to exceed $5,548,300) (2) Improvements to State Route 84 between 1-580 and I-68? (3) Auxiliary lanes along 1-680 from Diablo Road to Bollinger Canyon Road (4 ) West Dublin/Pleasanton BART Station (5) 1-580 HOV lanes between Santa Rita Road and Greenville Road . (6) 1-680 HOV lanes from the State Route 84/I-680 interchange to the top of the Sunol Grade (7) Improvements to the 1-580/Foothill Road/San Ramon Boulevard interchange 5 6 ~./b (8) Improvements to 1-6801Alcosta Boulevard interchange (9) Crow Canyon Road safety improvement west of Bollinger . Canyon Road (l0) Vasco Road safety improvements north ofI-S80 within Alameda County (11) Express bus service in the TIi-Valley area k. "Treasurer' refers to the Finance Director of the city or county designated by the TVTC to act as treasurer pursuant to the JP A 1. "Tri-Valley Development Area" refers to the incorporated and unincorporated portions of Alameda County and Contra Costa County shown on the map attached as Attachment c." 2. TVID Fee hnDosed. a. A Tri- Valley Transportation Development Fee ("TVTD Fee") shall be charged and paid for each Land Use Entitlement granted for each Single Family Residential unit and each Multi Family Residential Unit within Dublin by the date that the building permit is issued for any such residential building or structure. . b. A TVID Fee shall be charged and paid for each Land Use Entitlement granted for Industrial, Office, Retail and Other Uses within Dublin by the date that the building permit is issued for any building or structure which fits within the definition of Industrial, Office, Retail or Other Uses. 3. Amount ofTVID Fee. a. The amount of the TVTD Fee shall be as set forth on Attachment D attached hereto and incorporated herein. 4. Exemotions From TVID Fee. The TVTD Fee shall not be imposed on any of the following: a. 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 another unit is added to an existing multi-family residential unit. 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:fifty percent or more. . 6 ?~ /6 . 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 increase the destroyed or demolished building's fee based on Attachment D. d. Public schools. e. Subsidized Housing Developments. f. Governmental buildings owned by any public entity unless a development agreement provides for payment of the TVTD Fee for a governmental building. g. Development projects which are subject to a development agreement except that the fee shall be applicable to any "significant" changes to any development agreement adopted after January 1, 1998. As used herein, '(significant" means any of the following: (i) change in land use type (e.g., office to retail); (ii) intensification ofland use types (e.g., increases in square footage of approved Office); (iii) extension of term of development agreements; and (iv) reduction Of removal ofproject mitigation requirements or conditions of approval. . 5. TVTD Fee Adjustments. a. The TVTD Fee shall be adjusted automatically each March 1 by the increase or decrease in the Engineering News-Record Construction Cost Index for the San Francisco Bay Area for the period ending December 3 I of the preceding calendar year. b. In addition to the automatic adjustment of subsection (a) above, the City may amend this resolution to adjust the TVTD Fee to reflect revisions in the Transportation Improvement Projects, increases in land values over the inflationary increase or other factors. 6. Use ofTVID Fee Revenues. a. The TVTD Fees shall be placed in the Capital Project Fund. Separate and special accounts within the Capital Project Fund shall be used to account for such revenues, along with any interest earnings on each account. b. Within 30 days of the end of each quarter, the Finance Director shall transmit not less than 80% of all TVTD Fees collected during the quarter, and any interest or income generated on such 80% amount, to the Treasurer, along with a statement setting forth the Transportation Improvement Project that the City intends to fund with the retained portion of the TVTD Fees. . c. The Finance Director shall maintain a record ofaIl TVTD Fees retained, together with interest or income on such retained fees, and annually shall furnish the Treasurer an accounting of such monies for inclusion in any audit ofTVTD Fees prepared by or at the request of the Treasurer. 7 5 cr /6 d. The TVTD Fees (and interest or income generated on such fee revenues) shall be used for the following purposes: e (I) To pay for design, engineering, right-of-way acquisition and construction of the Transportation Improvement Projects; (2) To satisfY the City's obligation to the Alameda County Transportation Authority ("ACTA") pursuant to the "Local Match Agreement" between the City and ACTA for funding for the 1-580/680 Interchange project (see Section 7 of the JP A); (3) To reimburse Dublin or any of the parties to the JP A for contributions to ACTA for the 1-580/680 Interchange Project made prior to September 1, 1998 ifsuch contributions qualify for reimbursement pursuant to Section 7(d) of the JPA; (4) To reimburse Dublin or any of the parties to the JP A for contributions to ACTA for the 1-580/680 Interchange Project made on or after September I, 1998 ifsuch contributions qualifY for reimbursement pursuant to Section 7(e) of the JPA; (5) To reimburse developers who have constructed all or a portion of any of the Transportation Improvement Projects ifsuch reimbursement qualifies for reimbursement pursuant to Section 7 of this resolution and Section 15 of the JP A; e (6) To pay for and/or reimburse costs of program development and ongoing administration of the TVTD Fee program. 7. Credit of Reimbursement for Developer-Constructed Projects. A developer may be entitled to credit against the TVlD Fee or to reimbursement from TVID Fees if the developer constructs all or a portion of one of the Transportation Improvement Projects. Credit or reimbursement shall be provided in the manner set forth in Section 15 of the JPA, provided that the City Manager has approved the construction by the developer ofall or a portion of the Transportation Improvement Project. 8. Miscellaneous a. The standards upon which the needs for the Transportation Improvement Projects are based are the standards of the parties to the JP A, the State Department of Transportation (CaItrans) and the Bay Area Rapid Transit District. e. 8 . . . 7 1:f /6 b. The Council determines that the need for the Transportation hnprovement Projects is generated by new development within Dublin and within other jurisdictions in the Tri- Valley Development Area; therefore, the Plan and Study have detennined the proportionate share of the cost of the Transportation Improvement Projects for which development within 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 66006. for those TVTD Fees retained by the City. b. During each fiscal year. the Treasurer shall prepare a report for the City Council, pursuant to Government Code section 66006. for those TVTD Fees transmitted to the Treasurer. c. Pursuant to Government Code section 66002, the City Council shall review. as part of any adopted Capital Improvement Program each year, the approximate location, size. time of availability and estimates of cost for all Transportation Improvement Projects to be financed with the TVTD Fee. The City Council shall make findings identifying the purpose to which the existing TVTD Fee balances are to be put and demonstrating a reasonable relationship between the TVTD Fee and the purpose for which it is charged. 10. Eastern Dublin Traffic hnpact Fee. The Eastern Dublin Traffic Impact Fee (Resolution No. 41-96) includes improvements which are listed as either Section 1, Section n or Section ill improvements. Four improvemen~~ are listed as Section ill improvements. The four Section ill improvements are as follows: (1) 1- 580/680 Interchange Project; (2) 1-580 Auxiliary Lanes; (3) State Route 84; and (4) Improve Transit Service. These improvements are the same as the Transportation Improvement Projects listed in Section 1 (i) of this resolution. Upon the effective date of the TVTD Fee and so long as the TVTD Fee remains in effect, the portion of the Eastern Dublin Traffic hnpact Fee attributable to the Section ill improvements shall be suspended and shall not be collected. However, if the TVTD Fee becomes ineffective for any reason before the Section ill improvements have been constructed, the portion of the Eastern Dublin Traffic Impact Fee attributable to the Section III improvements shall thereafter be collected. 11. Effective Date. This resolution shall become effective immediately. The TVTD Fee shall be effective on September I, 1998, provided that a similar fee is adopted by the County of Alameda, the County of Contra Costa, the Cities of Pleasant on, San Ramon and Livermore and the Town of Danville to be effective on September 1. 1998. If such jurisdictions have not all adopted similar fees to be effective September I, 1998, then the TVTD Fee shall be effective when the similar TVTD Fee becomes effective in all of such six jurisdictions. 9 /t:5 ~ /6 12. Severability. . Each component of the TVTD Fee and all portions oftbis resolution are severable. Should any individual component of the TVTD 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 TVTD Fee shall be fully effective except as to that portion that has heen judged to be invalid. ADOPTED AND APPROVED this 16th day of June, 1998, by the following vote: AYES: Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston NOES: None .ABSENT: None .ABSTAJN: None JhA-~ \j Mayor AITESCK~~cP- 'citfJclerk . K"2./G/6-16-98/reso-fee.doc J:\WPD\RJA\TV'IDFDEV.603 EHS:Ij= . 10 1/"6/0 . TRI- V ALLEY TRANSPORTATION PLAN/ ACTION PLAN FOR ROUTES OF REGIONAL SIGNIFICANCE . Prepared for Tri-Valley Transportation Council Prepared by Tri-Valley Technical Advisory Committee in conjunction w~th Barton-Aschman Associates, Inc. July 1995 . (l<eso g1,. '1! c- .... .~ - ., _~ -:.: ': H: ~:~~f;f~, ~"1j ~ f.3 i;, t;. ;" ':,1 't, -;;- ::.~<; ~.~~{-~.: t~ ~rf~~ ~a . ._... ," r~ t,,!... I ,., .\.. ~'. ~_ .I.,.~' .. t:...,- , V '.. -~ ,. ,. '-~ -. .-,., '" ..j,e. "'1;1 ~ ~ ' AI r~ 1~1 E{ hi) f~:' :~ :.:~ t .' .: f", ~~': ;;}~ . -~~ ~~ _,." ~ I /:< '7f I~ ~ ..J - . , , ,.' '.-", "w' . ." ," ~~<~:,,'~.: ' .' '. ':. . ~ ::', ", " ~ 4: r; r ~'..' . \, ~,. , ~'.': :; -. 11 ~'''., . !1 t,:,.-" IJ ~.. II ..: ~ r~. , I r, . .... c.:.' I ,~y-;~:;:",-: ' . ~;:"..:"., p - , ' '.' ',;,',., . ' :: ;':.i::~~~::i::. . ..: :.' .. , - -" ," :, - ". ". .' . ':".7'* .."_a_ .. ;;'-.; . ,/..~.: "':.-. .,' -. ~ ' - . ~ ' ..' { ,- ~ - ,: .'. '",:', . I \,t:':1;,;' '..,~;~.;~ fj f "'.:-:,~ '.r:", . ! \.':)..!1?..... '..: :t..>". '. ...... ". n . . ' ~ ~ ~ ?J , -r. . '~ . i~ '1; t 'j: , .tJ: Tr,~-ValIey Combined Study u....... Technical Report: Status and Funding of High Priority Projects . . Prepared For Dowling Associates ec and Tri- V alley Transportation Council . :, : . - By . CCS phnnln~ and En~neering, Inc. 42080 Osgood Roa~ Suite 1 "Fremont, CA 94539 December 6, 1996 e All ACKMENT :B r 7.... ,,, J~ 1 ~ . -. -- .~ - 5' - .- "- . "." C) = l...i ..... o ~ ";'<"0 ~.;..c . b.D -=< - ... .- tr.l < o .... ~ C) .. =--- := . u.; == E-< ~ _ ;:> t.....t r~ ~ 0 ...... "" "'. /.3 % /6'...., in County S"nJou".. \ J "~' ~~ ~ t " :J~ ~:1/~, "" V -ry' L .\. 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Single Family Residential Multi Family Residential $1,500 $1,050 $1.00 Dwelling unit Dwelling unit Square foot of gross floor area Office Retail $1.00 $0.75 Square foot of gross floor area Square foot of gross floor area Industrial Other Uses $1,500 Average a.m./p.m. peak hour trip'" '" Peak-hour trips will be determined from the latest revision to the Institute of Transportation Engineers' Trip Generation Manual or other rate schedule as agreed to by the TVTC. Notwithstanding the foregoing an applicant for a Land Use Entitlement who is. dissatisfied with the number of peak-hour trips, as calculated by the Public Works Director, may appeal the determination to the Council. If such . an appeal is granted by the Council, and the Council adjusts the number of pealc- hour trips, the City shall have such decision ratified by five members of the TVTC. .Absent such ratification, the full amount of the fee must be paid by the applicant. Reso fer ,11 . ATTACHMENT ~ II -:-; ;", L"""' "'f-' j~ P /. ~.~,-. :'. . --- .'~..' ~ RESOLUTION NO. -99 /5 C,o /b . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* REVISING THE RESOLUTION ADOPTING THE TRI-VALLEY TRANSPORTATION DEVELOPMENT FEES RECITALS WHEREAS, in June 1998 the City Council adopted (Resolution No. 89-98 imposing a Tri-Valley Transportation Development Fee (TVTD Fee); WHEREAS, Resolution 89-98 was intended to reflect the provIsIOns of the Joint Powers Agreement that Dublin had entered into with Livermore, Pleasanton, San Ramon, Danville, Alameda County and Contra Costa County, which JPA provides that each party agrees to collect the TVTD Fees on development that receives a land use entitlement, to levy the TVTD Fees on all development project not legally precluded from paying the Fee (including projects subject to development agreements), and to apply the Fee to projects exempt from payment of the Fee by the terms of the development agreement when there is a significant change (as defined) to the development agreement; and WHEREAS, Resolution No. 89-98 contains language that could be read to exempt from the TVTD Fee all projects with development agreements, not just those projects with development agreements that . exempt such projects from the Fees; and WHEREAS, the intent of the JP A and Resolution No. 89-98 was not to exempt all projects with development agreements, but to exempt only those projects with development agreements with terms that expressly exempt them from the Fee; and WHEREAS, TVTD FEE includes an amount adjustment as of March 1 but the information for determining adjustments is not available until after March 1. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin that: Section 1. Resolution No. 89-98 is hereby amended by revising Section 4 thereof as follows: "Section 4. Exemptions From TVTD Fee. The TVTD Fee shall not be imposed on any of the following: (Subsections a - f, no change.) g. Development projects which are subject to a development agreement (which by such agreement's terms would exempt the developer from paying the TVTD Fee), except that the TVTD Fee shall be applicable to any such development project when, after January 1, 1998, there is a "significant" change to the . ATTACHMENT 2 project's development agreement. As used herein, "significant" means any of the following: (i) change in land use type (e.g., office to retail); (ii) intensification of land use types (e.g., increases in square footage of approved Office); (iii) extension of the term of the development agreement; and (iv) reduction or removal of project mitigation requirements or conditions of approval." . /6 ~ /~ . Section 2. Resolution No. 89-98 is hereby amended by revising Section 5(a) as follows: (a) The TVTD Fee shall be adjusted automatically each July 1 by the increase or decrease in the Engineering News- Record Construction Cost Index for the San Francisco Bay Area for the period ending December 31 of the preceding calendar year. ((b) no change) Section 3. This resolution shall become effective immediately upon its passage and adoption. PASSED, APPROVED AND ADOPTED this day of May, 1999, by the following vote: . AYES: NOES: ABSENT: ABSTAIN: MAYOR ATTEST: CITY CLERK \ \DUBLINFS2\CM\CC-MTGS\99-QTR2\May\5-4-99\reso-trans fee.doc .