HomeMy WebLinkAbout041-2022DocuSign Envelope ID: F2995219-7012-4FFA-AA1D-7AE6330ED9F0
RESOLUTION NO. 41-2022
ADOPTING THE TRI -VALLEY TRANSPORTATION DEVELOPMENT FEE
PURSUANT TO THE REQUIREMENTS OF THE JOINT EXERCISE OF POWERS
AGREEMENT OF THE TRI -VALLEY TRANSPORTATION COUNCIL
WHEREAS, on October 13, 2013 the Counties of Alameda and Contra Costa County, the
Cities of Dublin, Livermore, Pleasanton, San Ramon, and the Town of Danville entered
into a Joint Exercise of Powers Agreement (JEPA) in order to establish the Tri -Valley
Transportation Council (TVTC), as a separate agency, to jointly coordinate transportation
planning efforts within the Tri -Valley Area through collecting and administering the Tri -
Valley Development Fee (TVTDF) to facilitate the implementation of transportation
improvement projects identified in the TVTC Strategic Expenditure Plan (SEP); and
WHEREAS, the 2013 JEPA replaced the previous JEPA, adopted in 1998, pursuant to
which the member agencies previously collected the TVTDF; and
WHEREAS, pursuant to Section 6(b) of the JEPA, TVTC shall through resolution, based
on the findings of a nexus study, recommend regional impact fee amounts for categories
of land use entitlements within the Tri -Valley area for purposes of funding a portion of
transportation improvements projects identified in the TVTC SEP; and
WHEREAS, pursuant to Section 6(c) of the JEPA, if the TVTDF is recommended for
amendment, each member agency shall consider the adoption (by ordinance or
resolution) of the TVTDF in the amounts recommended by TVTC; and
WHEREAS, pursuant to Section 7(b) of the JEPA, member agencies are only eligible to
receive the TVTDF in accordance with the TVTC SEP if they have adopted the uniform
TVTDF as recommended by the TVTC; and
WHEREAS, there have been significant changes in the funding, planning and traffic
conditions under which the TVTDF was originally developed. In addition, many of the
original 22 projects identified in the previous SEP have been completed and the TVTC
has identified 23 new projects (List C) contained in the 2022 SEP to be considered; and
WHEREAS, TVTC entered into a contract with Kimley Horn Associates ("Consultant")
to complete the 2020 Nexus Study and 2022 SEP in accordance with the requirements of
the California Mitigation Fee Act; and
WHEREAS, the 2020 Nexus Study considered the following new projects ("Projects")
and the number of trips generated by anticipated development of each land use type and
determined a Maximum Fee Rate for each of the land uses from Appendix B of the Study.
The Projects considered in the 2020 Nexus Study include the remaining projects from List
DocuSign Envelope ID: F2995219-7012-4FFA-AA1D-7AE6330ED9F0
A and List B, as well as the following new projects: C-1 Tesla Road Safety Improvement,
C-2 Norris Canyon Road Safety Improvement Project, C-3 Dublin Boulevard -North
Canyons Parkway Extension, C-4 Vasco Road at Dalton Avenue Intersection
Improvements, C-5 El Charro Road Widening, C-6 Sunol/680 Interchange
Improvements, C-7 I-680 Express Lanes -Hwy 84 to Alcosta, C-8 Santa Rita/I-580
Interchange, C-9 Stoneridge/I-680 Interchange, C-10 Innovate 680 C -11A Iron Horse Trail
Bicycle Pedestrian Overcrossing-City of San Ramon, C -11B Iron Horse Trail Bicycle
Pedestrian Overcrossing-City of San Ramon, C -11C Iron Horse Trail Crossing at Dublin
Boulevard, C -11D Iron Horse Trail, C -11E Iron Horse Trail to Shadow Cliffs Connection,
C -11F Iron Horse Trail Connection Improvements at Santa Rita Road, C -11G Iron Horse
Trail Bicycle/Pedestrian Overcrossing-Town of Danville, C -11H Iron Horse Trail System -
Wide Improvements, C-12 I-680 Interchange Improvements at Hacienda Drive, C-13
Fallon/El Charro Interchange, C-14 Valley Link Rail (Phase 1), C-15 Technology
Enhancements, C-16 I-680 Express Bus Service; and
WHEREAS, the TVTC Technical Advisory Committee and Consultant reviewed
forecasts of new development in the Tri -Valley, and outlined the status, scope, costs, and
anticipated funding for the Projects; and
WHEREAS, on August 16, 2021, the TVTC adopted the Tri -Valley Transportation
Council 2020 Nexus Study, pursuant to Resolution 2021-10; and
WHEREAS, since adopting the 2020 Nexus Study in August 2021, Assembly Bill (AB) 602
was approved by the Governor of California and includes additional requirements for
nexus fee studies adopted after January 1, 2022; and
WHEREAS, while the 2020 Nexus Study was not required to incorporate AB 602 given
its adoption date, TVTC retained Kimley-Horn and Associates, Inc. to complete an AB
602 supplemental analysis to (1) outline the future implications of AB 602 and (2) to
proactively define the methodologies of future Nexus Study updates such that they will
be compliant with AB 602; and
WHEREAS, the AB 602 Supplemental Analysis was adopted by the TVTC on April 18,
2022; and;
WHEREAS, on April 18, 2022, by Resolution No. 2022-07 the TVTC adopted and
recommended, by a vote of all seven members, the new TVTDF rates shown in Table 4
below, which are effective July 1, 2022 ("2022 TVTDF rates") as follows:
PAGE 2 OF RESOLUTION NO. 41-2022
DocuSign Envelope ID: F2995219-7012-4FFA-AA1D-7AE6330ED9F0
Table 4: FY 2022/2023 Rate Adjustment
DU = Dwelling Units; SF = Square Feet
WHEREAS, the Mitigation Fee Act (California Government Code § 66001(a)) requires
jurisdictions to make certain statutory findings prior to any action establishing,
increasing, or imposing a fee as a condition of approval of a development project and
TVTC made such findings as part of its adoption of the 2022 TVTDF rates; and
WHEREAS, the recommended fee rate is 15% of the Maximum Fee Rate for the duration
of the SEP for all uses except retail and "other” land uses, which are recommended to be
set at 6% and 12% of the Maximum Fee Rates respectively; and
WHEREAS, Transit -oriented housing development projects satisfying the criteria in
Government Code 66005.1 may conduct a project -level transportation analysis and a
smaller proportion of the applicable fee may be imposed; and
WHEREAS, the 2022 TVTDF recommended retail rate is $5.07 for FY 22-23 and increased
to $5.92 (7% of the maximum) effective July 1, 2023. All other rates for remaining land
uses will be adjusted per Construction Cost Index (CCI) as of July 1st of each year
consistent with current practice; and
WHEREAS, the TVTC adopted the 2022 SEP and Prioritization of Projects and Funding
Plan, which proposes funding for 22 projects (16 projects from New List C and 6 priority
list from previous project lists) over the next 10 years; and
WHEREAS, that the Danville Town Council has reviewed the 2020 Nexus Study, the AB
602 Supplemental Analysis, and the 2022 SEP and Prioritization of Projects and Funding
Plan; and
WHEREAS, Section 32-104.3 of the Danville Municipal Code provides that the amount
of the TVTDF may be approved by Resolution of the Danville Town Council, once
established by the TVTC; and
PAGE 3 OF RESOLUTION NO. 41-2022
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Single Family (DU)
$5057
15%
$6,596.40
$1,539.40
30.4%
Multi -Family (DU)
$3,484
15%
$3889.20
05.20
11.6%
Retail (SF)
$3.74
6%
$5.07
$1.33
35.6%
Office (SF)
$8.59
15%
$8.81
$0.22
2.5%
Industrial (SF)
$5.00
1510
$4.97
40.03
-0.6"/0
Other (avg AM/PM trips)
$5,620
12%
$6,100.68
. 80.68
8.6%
DU = Dwelling Units; SF = Square Feet
WHEREAS, the Mitigation Fee Act (California Government Code § 66001(a)) requires
jurisdictions to make certain statutory findings prior to any action establishing,
increasing, or imposing a fee as a condition of approval of a development project and
TVTC made such findings as part of its adoption of the 2022 TVTDF rates; and
WHEREAS, the recommended fee rate is 15% of the Maximum Fee Rate for the duration
of the SEP for all uses except retail and "other” land uses, which are recommended to be
set at 6% and 12% of the Maximum Fee Rates respectively; and
WHEREAS, Transit -oriented housing development projects satisfying the criteria in
Government Code 66005.1 may conduct a project -level transportation analysis and a
smaller proportion of the applicable fee may be imposed; and
WHEREAS, the 2022 TVTDF recommended retail rate is $5.07 for FY 22-23 and increased
to $5.92 (7% of the maximum) effective July 1, 2023. All other rates for remaining land
uses will be adjusted per Construction Cost Index (CCI) as of July 1st of each year
consistent with current practice; and
WHEREAS, the TVTC adopted the 2022 SEP and Prioritization of Projects and Funding
Plan, which proposes funding for 22 projects (16 projects from New List C and 6 priority
list from previous project lists) over the next 10 years; and
WHEREAS, that the Danville Town Council has reviewed the 2020 Nexus Study, the AB
602 Supplemental Analysis, and the 2022 SEP and Prioritization of Projects and Funding
Plan; and
WHEREAS, Section 32-104.3 of the Danville Municipal Code provides that the amount
of the TVTDF may be approved by Resolution of the Danville Town Council, once
established by the TVTC; and
PAGE 3 OF RESOLUTION NO. 41-2022
DocuSign Envelope ID: F2995219-7012-4FFA-AA1D-7AE6330ED9F0
WHEREAS, in accordance with the requirements of the Mitigation Fee Act, (1) a public
hearing was held by the TVTC and a notice was published in the newspaper and
interested persons were notified 30 days in advance of the TVTC's proposed action on
the 2022 TVTDF, (2) notices were sent to any individuals requesting notices pertaining to
fee increases by the Town of Danville 14 days in advance of this meeting at which the
new 2022 TVTDF is proposed for adoption, (3) the 2020 Nexus Study, AB 602
Supplemental Analysis, and the 2022 SEP Funding Plan were available for public review
on the TVTC and Town websites, and at the Town Offices 10 days in advance of this
meeting, and (4) A public hearing notice was published twice in the newspaper 10 days
in advance of this meeting with 5 days intervening between publication dates; now,
therefore, be it
RESOLVED, that in accordance with Government Code §66001(a)) and based on the
information presented in the 2020 Nexus Study, the Danville Town Council adopts and
approves the 2022 TVTDF rates shown in Table 4 above and makes the following
findings:
1. Identify the purpose to which the fee is to be put. Response: TVTC policy, as
expressed through the TVTC Action Plan, is that new development shall
contribute for mitigation of their impacts on Routes of Regional Significance,
and that the cost sharing of recommended improvements will be implemented
through the Tri -Valley Transportation Development Fee regional impact fee
program. The fee advances a legitimate public interest by enabling the TVTC
to fund improvements to transportation infrastructure required to
accommodate and mitigate the impacts of new development. This finding is
documented by the analysis of the projected increase in future travel generated
by the new development that is projected to occur in the Tri -Valley. Growth in
new residents and employees is projected to increase cumulative average daily
delay on the Tri -Valley regional roadways in the morning and evening peak
hours, excluding effects from more cut -through traffic.
2. Identify the use to which the fee is to be put. Response: The TVTDF will be
used to fund projects to expand capacity, traffic signal coordination and other
traffic improvements, improve safety, improve regional transit, improve active
transportation/bicycle options, and mitigate the impacts of additional
congestion on Routes of Regional Significance to serve new development as
designated in the Strategic Expenditure Plan. The projects/public facilities to
be funded by the fee are identified in the 2020 Nexus Study and the 2022 SEP
and the Prioritization of Projects and Funding Plan.
3. Determine how there is a reasonable relationship between the fee's use and the
type of development project upon which the fee is imposed. Response: Based
PAGE 4 OF RESOLUTION NO. 41-2022
DocuSign Envelope ID: F2995219-7012-4FFA-AA1D-7AE6330ED9F0
on the analysis in the 2020 Nexus Study, the new development projects within
the Tri -Valley will generate additional trips which will impact the
transportation system in the region, including on Routes of Regional
Significance. As illustrated in the 2020 Nexus Study, the planned projects will
expand and improve capacity on the Routes of Regional Significance and
alleviate congestion to accommodate the increased trips generated by new
development. Thus, there is a reasonable relationship between the use of the
fee for these projects and the new development generating these additional
trips on which the fee will be imposed.
4. Determine that there is a reasonable relationship between the need for the
public facility and the type of development project on which the fee is imposed.
Response: The need for the planned projects is based on the forecasted increase
in congestion on Routes of Regional Significance, as well as other
transportation impacts resulting from new development. The 2020 Nexus
Study analyzed the contribution by each land use based on the proportion of
average AM/PM trips generated by each land use. As demonstrated in the
Study, there is a reasonable relationship between the need for the planned
projects and the types of development upon which the fee is imposed because
the planned projects will mitigate the transportation impacts generated by new
development.
5. Determine that there is a reasonable relationship between the amount of the
fee and the cost of public facilities or portion of the public facilities attributable
to the development on which the fee is imposed. Response: The 2020 Nexus
Study demonstrates that there is a reasonable relationship between the amount
of the proposed fee and the cost or portion of the cost of the public facilities
attributable to the development on which the fee is imposed because each land
use category's share of the total trips generated was multiplied by the
applicable project costs and then divided by the total number of units, square
feet or trips that will occur within the development horizon. In this way, there
is a reasonable relationship between the amount of the fee and the cost
attributable to each land use type because the fee applicable to each land use
type is based on the number of trips generated by that applicable land use type.
Furthermore, the 2022 TVTDF is proposed to be set at between 6% to 15% of
the justified maximum fee rate and thus, the amount of the fee is lower than
the actual costs attributable to new development; and, be it further
RESOLVED that the Town of Danville will:
PAGE 5 OF RESOLUTION NO. 41-2022
DocuSign Envelope ID: F2995219-7012-4FFA-AA1D-7AE6330ED9F0
1. Require each project developer to pay the TVTDF prior to issuance of building
permits for the project, or no later than occupancy, and to the extent permitted
by law; and
2. Levy the TVTDF on all development projects not exempt from payment of the
fee;
3. Apply the TVTDF on all significant changes to existing development
agreements adopted after the effective date of the JEPA. The TVTDF shall be
applied to all components of a project that are subject to an amended or
renewed development agreement. As used herein, "significant" means any of
the following: (a) change in land use type (e.g., office to retail); (b)
intensification of land use types (e.g., increases in square footage of approved
Office); (c) extension of term of development agreements; and (d) reduction or
removal of project mitigation requirements or conditions of approval; and, be
it further
RESOLVED that the Town Council finds that the foregoing recitals are true.
APPROVED by the Danville Town Council at a regular meeting on May 17, 2022, by the
following vote:
AYES•Arnerich, Fong, Morgan, Stepper, Storer
NOES: None
ABSTAINED: None
ABSENT: None
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MAYOR
APPROVED AS TO FORM: ATTEST:
,r—DocuSigned by:
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DocuSigned by:
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CITY ATTORNEY CITY CLERK
PAGE 6 OF RESOLUTION NO. 41-2022