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Home My WebLink About6.1NoiseMitigationFee ,}, e e CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 9, 1995 BG.:J1JC'Ji.Y: 1Vohse Mli:tiqation Fee Ordinance m~~rt Prepared by Elizabeth H. Silver, city .Ad:itQ:lnaey ~~B~S ATTA~~ k. Eastern Dublin General Plan Amendment and Specific Plan EIR, pages 3.10-3 and 5.0-13 B. Eastern Dublin General Plan Amendment and Specific Plan Mitigation Monitoring Program, page 64 C. Government Code Section 65913.2 D. Draft Ordinance RECOMHENDATID:' rr1) /'7jJl.I' 2) . y/~fl 3) 4) 5) Open public hearing Receive staff Report and pUblic comment Close public hearing Deliberate Waive reading and ADOPT Noise Mitigation Fee Ordinance FINANCIAL STATEMENT: The cost of preparing the Noise Mitigation Fee Ordinance can be recovered from property owners applying for approval of development in Eastern Dublin. DESCRIPTION: The City council at its meeting of December 27, 1994.,introduced a Noise Mitigation Fee Ordinance for the Eastern Dublin Area. The Eastern Dublin General Plan Amendment and specific Plan Envi:tonmental Impact Report ("EIR") identified increased noise on roadways as being a potentially significant impact from Eastern Dublin development on existing residences (EIR, page 3.10-3). The EIR also conCLuded that the development within Eastern Dublin would contribute to cumulative traffic-related noise impacts (EIR, page 5.0-13). The EIR includes a mitigation measure (MM 3.10/7.0) to mitigate this impaat. MM 3.10/7.0 provides that the city should develop a noise mitigation fee to pay for mitigation measures such as noise barriers, earthen berms or retrofitting existing structures with sound-related windows. '!bEE Council must follow the provlslons of AB 1600 . (Government Code nK:t:Lons 660QOJ et seq.) to enact a noise mitigation fee on future tievalcbpment .tim the Eastern Dublin area. These provisions contemplate ,~ ttwQ-:-step P11.Tm:eB~'i prior to the imposition of such a fee on new dE~lopment.nhm first step is the adoption of an "implementing rmdibnance". '11Hm ::sRCorrd step is adoption of a resolution setting the iaIOlm;\!.: of the ftim~" tha' t~pe of improvements to be funded by the fee, PlloJlBrties St'Zlt~1j; '(tD) t~ fee and when the fee is payable. TltD draft ordinan:m is t.11tt: f i:i:rstt step. It is an implementing 'Qr.ti!li.nance which, ii:lf arlopte\tft, Wlir.t establish the mechanism for imposing a mmise. mi tigatiOl"l fee. No ~teeS wi_lLl be imposed by the ordinance. - :: The s~ond step, adoption of a resolution setting the fee, requires a pUbljc hearing. It also requires that information regarding the amount fmf."the proposed fee be available to the pUblic at least ten days in advance. This information would be in the form of a study or -------_._------------------------------------------------------------- ITEM NO. b.1 COPIES TO: CI~ FILE 0 () ~. e . AGENDA STATEMENT - Noise Mitigation Fee Ordinance Page 2 staff Report which would show the relationship between development projects'and the mitigation measures (e.g., noise barriers, earthen berms or retrofitting existing structures with sound related windows) for whicb 'the fee is propo:sed to be charged. A noi5'e mdt--i.r.rtfaition fer.:: CQlQIld be adopted once the ordinance is in place.. 1ft 'WD1~1ld be appnicable only to developments within Eastern DubLin K!1:he area inc:E.uc:'lle:i within the specific Plan and General Plan Amendment are~ but excllading the Future study Area) and would not replaoe specific project-related improvements for individual projects to nnat~te noise impacts on site. GOV~mUl~nt Code section 65913.2 requires the Council to consider the effe~ of an ordinance such as this with respect to the housing needs of ~ region in which the city is located. The Government Code reqGITres the city to refrain from imposing regulations which would mak~ housing infeasible for any segment of the community. This orc~ance would not make housing infeasible for any segment of the conmmnity because it is necessary to allow development to occur. This orcUCnance is one step in the implementation of the Eastern Dublin specific Plan which contemplates close to 14,000 dwelling units at buildout (including the General Plan area not within the Specific Plan), and which will have a beneficial effect on the housing needs of the: region. It will help the city to meet the ABAG projected housing need in Dublin. Adoption of the draft ordinance is consistent with and will implement the Eastern Dublin Specific Plan. The adoption of the draft ordinance is not subject to CEQA (Public Resources Code section 21080(b) (8) . Staff recommends that the city Council conduct a public hearing, deliberate, waive the reading and ADOPT the ordinance. K2/A/AS-NOISE I' I I . . . . -. .:~: :,j''-' ~ ~. i '''~ '" I! - .. .. II . . 1 e e s.10 ... ~ DUIiA SP/GPAEm 'future nQise contours for the Year 2010 wiu the Proje"ure shoW11 on Figure 3.1 O-B. These contours do not take into account acoustical shielding due to existing buildings Of topography. Consequently, actual noise levels may be less than tha.t shown on the map. By placing the contours on the land use map, one can easily d.etermine the W01'$1: case future Doise exposure of a particular development "arcel. For exan1nle. Medium DensitY R.esidential development just DOnA of Gleason Boulevard. OD both sides of Tassajua Road will be exposed to a CNEL of 60 dB or mort. According to the City's land use compatibility guidelines, these laDd uses would be in the "conditionally a.ceeptable" range for this tYPe of land. use. .Conditionally acceptable" means that an ~oustical study should be initiated. ' during projeet development to determine hOW interior noise levels will be ~ntrOUed to the City and State goal of CNEL 45 dB. Mitiga.tion Measure or the EIR MM 3.10//.0 Require thizl an ~mutiCGl stwly bd nJJmitted with all residentil21 dsvelopment projects located within tile fUlure CNEL 60 ,ontour. The goal 0/ the QCOUStiCIU stwly is to .show how the interior noise level will be controlled to a CNEL oj ." dB as required by Title 24, Pll11ll. Ths Title 24 goal 0/ CNEL 45 should be applied to Single-family hcrusing. MM 3.10/1.0 is app1icab1~ to the total ProjKC sit.. Implet4entation of th1s mitigation measure will reduce the impact to a level of insie.nificsncc. 1M 3.10jB Exponre of Exi$t1~1 RC$iclellftS to F~ture Roadway Noise Future Project development will alsO have the pOtential to iml)act existing rc:sideQ~ due to in~eased noise on roadways. Table 3.10-3 shows the future noise level along major roadways in the plaJ111ing area ror the Year 2010 With Project and Year 2010 without Project. Aloq1nterstate 580. the noise level increase will be 1 dB or less with or withou~ the Project. A l-QB change would not be considered signific;:a.nt. Along Tassaiara Road., the future noise level will increase by 3 dB neaf existing rtsidential development north or Dublin Boulevard without the Project and by an ac1d.itional I dB with the Project fOf a total in"eas~ of 4 dB. Fallon Road. Doolan Road. and Hacienda Road do not have significant traffic OD them C\IlTeotly. In the f\lturc~ without the Project. !loise levels along these roadways would remain similar to the current noise levels. NOiSe levels along Doolan Road, however t would increase by 7 to 15 dB due to the Project. This would result in future CNELs Of 62 to 70 dl3 approximately SO teet from the roadway centerline. In ccn"lusion, increased. traffic noise on local roads would result in noise level increases of 6 dB or more along Doolan and Fallon Roacb. This would be coDSidued a liznirieant jmn~ef. . This impact is alSO a DOtentia1lv si8nificant adverse im'Oact as cUsC11S$ed in ChtJptu S. Mitigation Measure of the EIR ' MM 3.10IZ.0 Require that de-relopment prtIjecrs pt'ovid. /OT "oi.s. bonief'! OT berms near existing residences to cofUTfJl nais~ in outdoor use spaces. One possibility is the c:o'flSt1"UCticm 0/ solid ft1fCes Mound DUtdoor us, aret:l$. The noiSe control/or existin,. 1't1sidenees should be nalutzt6d on a case...by-~e basis. MM J.10/2.0 is applicable to existing residential areas thrOughout the total Project site. lmplementa.tion of this mitigation will reduce the impacts to a level of nntentiaJlv sismificallI since mitigation may not be feasible at aU locations due to site eonstraints such. IS driveways or proximity 3.10-3 - ,Ex h,'b;'-!-' fl j. ...... .. I . . . ~ . ~ ~17 - DEC-07-34 WED 14:51 . . a :. . II . ... -~.- i. . [J I ,] '1 ~ l J e e ......- DnbIiD. fI91C.PJa. ma. . 1.0 CZQA .. U....l-.....a c-_.....~~ change. This impact remai.ns a. $it:njfi~nt cumulative imo1lct. Noise 1M 3.10/B Exposure of Existing Residellces to Future Roadwa,. Noise The Project would contribute to cumulative traffic-related noise impacts in the region. Each oumulative project may eontribute On! or two decibels to the overall noise levet in the subregional area. This may typicaUy be co'O.Sidered no impact since tho iGcreue is generallY less than 3 dB. However, over the lOng term, the noise level increases in a 5ubsWltia1 m8lU1cr. This 'Would be we alonl such roadways as Fallon and Tassajara read. Therefore. the noise imPact of the Project is considered a si~nificant cumulative imt'aet. ~ -4 I $2t~ f(tt : ~ 1./..:.9 ,4tazr:r.~ 8$~ Mitigation Measure of the EIR MM 3.10/7.0 In ()rd~1' ID mililalc thi$ $igni/icmu c:umuIativI imp4Cl.lh, CilY sJundd develop a noise mtzigtuton fet to pay for mitigatin, measureS such as noise barriers. eartht1f bums or retrofitting eXisting structures with smmd-raltd windows. 1'1u miliration jee coul;d 1M d~vel(Jped on a "dollars for decibel" bQJis. For example. ilthe fwure noise leyel i$ predicted to increase by 4 dB. tmd the PNJjecl will contribute 2 dB, then lhe applicant should bd' responsible Jor SO peresnt (lIthe total COIl 01 any off-site mitigation measures. This mitigation measure is designed especially to reduoe oumulatlve impactS related to noise. This is an experimental concept which has been adoptl11 by other jurisdictions in the Tri- Valley. Implementation of this mitigation measure would reduce cumulative noise impacts to a DOtentially. ;iSpifl93l1~ 1,vel. Air Quality 1M 3.11/ A Dust ~POSitiOD Soiliatl Nuisue. fro. CoastructioD Activity This is a ~tel'ltiallv sil!nificant cumulativ@ imoaet due to the non-attainment statuS of the air basiD.. MitiptiO!l Measures of the EIR MM 3.J J /1.0 re(lWres that a $eries of actions be taken by the City of Dublin to reduce d~t dtposition from ~onstruction activity. Even if the City implements MM 3.11/ 1.D. c:wnulative PM-lO impacts will not be reduced to a level of insignificanc:e because the non-anainment st:1tuS of the air basin imposes I. zero tolerance threshold for cumulative impactS for any non-a.tWnmcnt pollutants. This impat;t will remain a ootentiall"t sj8nifi~nt cumulative imollct. 1M 3.11/B CoutnaCtiOD EquipmC1lt/Vehicle Emisaiop This is a DOtentiallv sinlif'j~nt ~lmlltative imDact due to the non-attainment statl.1S of the air baSin. Mitigation Measures of the :EIR. MM 3.11/1.0 through MM 3.11/4.0 propose measures to reduce emissions related to COn:;trugtiOIl I)peratio!1S. .. 5.0..13 381 -., " aii}' of DubUI1 May 1, 1993 e e Eu'un Dublin SS*ific Plan .k GP A EIR Mitigation Momcorins Plan :2.. Miti;.:\tlon Implementation and Monitorinf PrC/tram Impact 3.10/ A Exposure of Proposed Housing to Future Roadway Noise Miti!latien Measure 3.101) ,0: Acou.ttical Studv Within Future CNEL 60 COnlQur Why: Who: What: When; Cornl'letion: VeriCication: To require acoustical studies Cor'all residential development projects within the future CNEL 60 contour to show how interior noise levels will be reduced to 45 dB. Applicants/Planning Department. Verify the preparation of an acoustical study for aU residential projects located within the future CNEL 60 noise contour. and confirm the incorporation of mitigation measures into the proposed plan. Prior to tentative map approval. Prior to final map approval. Planning Depa.rtment. Impact 3.10jB Ex%,osure of ExistinS Re!lident@~ to Future Roadway Noise Mitigation Measure 3./0/2\0: J>rovisir}11 of Hoise Control Measures Why: Who: What: When: Completion: Verification: To require that al1 development projects in the Ptojec:t area provide noise barriers Or berms n~ar existing residences to control noise in outdoor use spaces, Applica.nts/Planning Department. Verify that proposed plans provide noise abatement for existing residenct:s or that such mitigation is not necessary. Prior to tentative map approval. Prior to Final map approval. Planning Department~ Mili~arion Measure 3.10/7.0: Noise. Mitiflatio.n Fee. Why: Who: What: When: Completion: Verification: To provide ror the establishment of a noise mitigation fee to pay fot on- and off -site noise mitigations, including but not limited tOl noise barriers, earthen berms. or retrofitting structures with sound-rated windows. Applicants/Planning Department. Prepare an ordinance pennitting the levying of a noise mitigation fee. During processing of pre~oning and annexation applications. Prior to tentative map approval for projects along Tassajara Road, Hacienda Road. or Fallon Road. . Planning Department. Impact 3.10/D Exposure of Proposed Residential Development to Noise from Future MiIltary Training Activities at Parks Reserve Fnrces Training Area (Camp Parks RITA) and the County Jail MitiJ!arion Measure 3.10/3.0: Perform Act2uslfcal Studies Why: ) To require acoustical studies prior to future development in the Foothill 64 Ex hI' b,'i 6 1602 ...:Jc........uu 65913.8. Public capital facility improvement relat- ed to deve.lai.ment project; prohibition of fee o.her payment including amount for maintenance and operation as condition for approval; exceptions. m 111 N- J- Ig I.) 5. 65913.4, 659i3.5, Repealed. Density bonus for de.er of housing within one-half mil mass transit guideway station. e ~ 65913. Legislative findings and declarations (a) The Legislature finds and declares that there exists a severe shortage of affordable housing, especially for persons and families of low and moderate income, and that there is an immediate need to encourage the development of new housing, not only through the provision of financial assistance, hut also through changes in law designed to do all of the following~ (1) Expedite the local and state residential development process ... ... ... ~ (2) Assure that local governments zone sufficient land at densities high enough for production of affordable housing. (3) Assure that local governments make a diligent effort through the administration of land use and development controls and the provision of regulatory concessions and incentives to significantly reduce housing development costs and thereby facilitate the development of affordable housing, including housing for elderly persons and families, as defined by Section 50067 of the Health and Safety Code. These changes in the law are consistent with the responsibility of local government to adopt the program required by subdivision (c) of Section 65583. (b) The Legislature further finds and declares that the costs of new housing developments have been increased, in part, by the existing permit process and by existing land use regulations and that vitally needed housing developments have been halted or rendered infeasible despite the benefits to the public health, safety, and welfare of those developments and despite the absence of adverse environmental impacts. It is, therefore, necessary to enact this chapter and to amend existing statutes which govern housing development so as to provide greater encouragement for local and state governments to approve needed and sound housing developments. (Amended by Stats.1985, c. 1117, ~ 1.) :h o 9 r .! , I, II e l- .1 cl t I, Law Review Commentaries Growth control by the ballot box: California's experi- ence, Daniel J. Curtin, Jr. and M. Thomas Jacobson, 24 Loy.LA L.Rev. 1073 (1991). ~ 65913.2. Limitations on local government regulation of subdivisions In exercising its authority to regulate subdivisions under Division 2 (commencing with Section 66410), a city, county, or city and county shall: (a) Refrain from imposing criteria for design, as defined in Section 66418, or improvements, as defined in Section 66419, for the purpose of rendering infeasible the development of housing for any and all economic segments of the community, However, nothing in this section shall be construed to enlarge or diminish the authority of a city, county, or city and county under other provisions of law to permit a developer to construct such housing. (b) Consider the effect of ordinances adopted and actions taken by it with respect to the housing needs of the region in which the local jurisdiction is situated, . (c) Refrain from imposing standards and criteria for public improvements including, but not limited to, streets, sewers, fire stations, schools, or parks, which exceed the standards and criteria bein~ applied by the city, county, or city and county at that time to its publicly financed improvements located in similarly zoned distJicts within that city, county, or city and county. (Amended by Stats.1983, c. 367, S 1.) Additions or changes Indlcat~d by underline; deletions by asterisks * * * 93 Cal Code 1994 P.P.-2 31 Ex hi b,' t L e e ORDINANCE NO. 94- AN ORDINANCE OF THE CITY OF DUBLIN ADDING CHAPTER 5.112 TO THE DUBLIN MUNICIPAL CODE ESTABLISHING A NOISE MITIGATION FEE FOR FUTURE DEVELOPMENTS WITHIN THE CITY OF DUBLIN THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 5.112 is added to the Municipal Code of the City of Dublin to read as follows: "Section 5.112.010 Purpose In order to implement the goals and objectives of the City of Dublin's ("City") General Plan and the Eastern Dublin Specific Plan and to mitigate the impacts caused by future development in the City, certain noise mitigation measures must be implemented. The City Council has determined that a noise mitigation fee is needed in order to implement these noise mitigation measures and to pay for each development's fair share of the implementation costs of the necessary noise mitigation measures. In establishing the fee described in the following sections, the City Council has found the fee to be consistent with its General Plan and the above Specific Plan, and pursuant to Government Code ~ 65913.2, has considered the effects of the fee with respect to the City's housing needs as established in the Housing Element of the General Plan." "Section 5.112.020 Noise Mitiqation Fee Established A. A Noise Mitigation Fee ("Fee") is hereby established to pay for noise mitigation measures necessary to mitigate cumulative impacts identified in the Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report (SCH No. 91103064). B. The City Council shall, in a Council resolution or resolutions adopted after a duly noticed public hearing, set forth the amount of the Fee, describe the benefit and impact area on which the Fee is imposed, list the noise mitigation measures to be financed, describe the estimated cost of these measures, and describe the reasonable relationship between the Fee and the various types of future developments and set forth time for payment." f EXh,'hii: ]) e e nSection 5.112.030 Use of Fee Revenues A. The revenues raised by payment of the Fee shall be accounted for in the City's Capital Project Fund (nFund"), Separate and special accounts within the fund shall be used to account for revenues, along with any interest earnings on such account. These monies shall be used for the following purposes: (i) To pay for design, engineering, right-of-way acquisition and construction of noise mitigation measures designated in the Council resolution and reasonable costs of outside consultant studies related thereto; (ii) To reimburse the City for designated noise mitigation measures constructed by the City with funds (other than gifts or grants) from other sources together with accrued interest; (iii) To reimburse developers who have designed and constructed designated noise mitigation measures which have a value in excess of the amount of the Fee payable; and/or (iv) To pay for and/or reimburse costs of program development and ongoing administration of the Noise Mitigation Fee Program.n "Section 5.112.040 Developer Construction of Facilities If a developer is required, as a condition of approval of a permit, to construct an improvement that has been designated to be financed with Noise Mitigation Fees and if the improvement has a value in excess of that needed to mitigate the impacts of the development, a reimbursement agreement with the developer and a credit against the Fee otherwise levied by this ordinance on the development project shall be offered by the City. The reimbursement amount shall not include the portion of the improvement needed to mitigate the burdens created by the development." "Section 5.112.050 Administration Guidelines The City Council may, by resolution, adopt Administrative Guidelines to provide procedures for e . the calculation, reimbursement, credit or deferred payment and other administrative aspects of the Noise Mitigation Fee." Section 2. This ordinance was adopted at a noticed public hearing, for which notice was given pursuant to Government Code ~ 6062a. Section 3. Effective Date and Postina. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this ordinance to be published or to be posted in at least three (3) public places in City in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin on this ____ day of , 1995, by vote as follows: AYES: NOES: ABSENT: ABSTAIN: MAYOR ATTEST: CITY CLERK 114\ord\noise