Chapter 7.78
PUBLIC FACILITIES FEE
Sections:
7.78.020 Public facilities fee established.
7.78.040 Developer construction of facilities.
7.78.050 Administration guidelines.
7.78.010 Purpose.
In order to implement the goals and objectives of the city of Dublin’s (“city”) general plan, the various specific plans, including but not limited to the Downtown Dublin specific plan, Dublin Crossing specific plan, Dublin Village Historic Area specific plan, Eastern Dublin specific plan, and the parks and recreation master plan, and to mitigate the impacts caused by future development in the city, certain public facilities must be constructed. The City Council has determined that a public facilities fee is needed in order to finance these public facilities and to pay for each development’s fair share of the construction and acquisition costs of these improvements. 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 city’s various specific plans, and pursuant to Government Code Section 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. (Ord. 8-15 § 1: Ord. 13-94 § 1 (part))
7.78.020 Public facilities fee established.
A. A public facilities fee (“fee”) is established to pay for municipally owned public facilities.
B. The City Council shall, in a Council resolution adopted after a duly noticed public hearing, set forth the amount of the fee, describe the benefit and impact area on which the public facilities fee is imposed, list the municipally owned public facilities to be financed, describe the estimated cost of these facilities, and describe the reasonable relationship between the fee and the various types of future developments and set forth time for payment. (Ord. 13-94 § 1 (part))
7.78.030 Use of fee revenues.
The revenues raised by payment of the public facilities fee shall be accounted for in the city’s capital project fund. 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:
A. To pay for design, engineering, right-of-way acquisition and construction of the public facilities designated in the Council resolution and reasonable costs of outside consultant studies related thereto;
B. To reimburse the city for designated public facilities constructed by the city with funds (other than gifts or grants) from other sources together with accrued interest;
C. To reimburse developers who have designed and constructed designated public facilities which are oversized with supplemental size, length, or capacity; and/or
D. To pay for and/or reimburse costs of program development and ongoing administration of the public facilities fee program. (Ord. 13-94 § 1 (part))
7.78.040 Developer construction of facilities.
If a developer is required, as a condition of approval of a permit, to construct a public facility that has been designated to be financed with public facilities fees and if the facility has supplemental size, length, or capacity over that needed for the impacts of the development, a reimbursement agreement with the developer and a credit against the fee otherwise levied by this chapter 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. (Ord. 13-94 § 1 (part))
7.78.050 Administration guidelines.
The City Council may, by resolution, adopt administrative guidelines to provide procedures for the calculation, reimbursement, credit or deferred payment and other administrative aspects of the public facilities fee. (Ord. 13-94 § 1 (part))