HomeMy WebLinkAbout2019-05-06 Ordinance 5463SL(ts)/ ORD Transportation Impact Fee Ordinance version 4919 1
Ordinance No. 5463
Ordinance of the Council of the City of Palo Alto Amending Title 16 of the
Palo Alto Municipal Code By Establishing an Updated Citywide Transportation
Impact Fee and Indefinitely Suspending Application of the Existing Area
Specific Transportation Impact Fees for the Stanford Research Park/El
Camino Real CS Zone and the San Antonio/West Bayshore Area, and
Amending the Municipal Fee Schedule to Update the City’s Transportation
Impact Fees in Accordance with these Changes, All in Furtherance of
Implementation of the Comprehensive Plan, Including Policy T1.25 and
Programs T1.2.2 and T1.25.1
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. On November 13, 2017, the City Council adopted an update to the City of Palo
Alto Comprehensive Plan to guide projected growth and development within the City through
2030. As described in the certified Final Environmental Impact Report (EIR) for the
Comprehensive Plan Update, new development would worsen traffic congestion and result in
significant environmental impacts related to transportation. The Final EIR also identified
mitigation measures to address those impacts, which were adopted by the Council and are
reflected in the Comprehensive Plan’s policies and programs as well as the adopted Mitigation
Monitoring and Reporting Program.
B. The Comprehensive Plan includes a policy (T1.25) to pursue funding
opportunities for ongoing transportation improvements that will help mitigate impacts of
future development and protect residents’ quality of life. To implement that policy, the
Comprehensive Plan includes a program (T1.25.1) to regularly evaluate the City’s existing
transportation impact fee and modify it as needed to implement transportation infrastructure
improvements. This program provides that “[m]odifications to the impact fee program should
be structured in keeping with the City’s desire to require new development to reduce peak
hour motor vehicle trips to the extent feasible through TDM plans and by contributions to the
provision of transit services, shuttles, carpool/rideshare incentives and similar programs.”
C. The Comprehensive Plan also includes a program (T1.2.2) to require new
developments to implement transportation demand management (TDM) plans to achieve
identified targets in vehicle trip generation, and to require payment of a transportation impact
fee for those peak hour vehicle trips that cannot be reduced through TDM measures.
D. Consistent with the Comprehensive Plan, the Council desires to implement the
identified policy and programs and adopt an updated citywide transportation impact fee to
offset the traffic impacts from new development throughout Palo Alto.
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E. The City has prepared a study entitled “City of Palo Alto Transportation
Fee Nexus Study” dated April 9, 2019 and accepted by the City Council on April 22, 2019
(hereinafter the “Nexus Study”), which specifies transportation improvements required to serve
future development and recommends the amount of the impact fee on new development. The
Nexus Study is available for public inspection during normal business hours at the Office of the
City Clerk at 250 Hamilton Avenue, 1st Floor, Palo Alto, California, and the Planning &
Community Environment Department at 250 Hamilton Avenue, 5th Floor, Palo Alto, California.
The City Council has reviewed the Nexus Study and accepts the findings and conclusions of the
study.
F. The Nexus Study concluded that all new land uses in Palo Alto will generate an
increased demand for transportation infrastructure and services, and recommended that the
citywide transportation impact fee apply to both residential and nonresidential development
in the city. While the Nexus Study found that all new land uses will generate this increased
demand for transportation, the Council finds that it is in the public interest to exempt some
uses from payment of the fee, in order to promote other important City policies and priorities,
such as 100% affordable housing developments.
G. The improvements specified in the Nexus Study are intended to mitigate those
traffic impacts identified in the Final EIR for the Comprehensive Plan and other recent traffic
studies, and achieve a balanced transportation network. The range of improvements includes
bicycle and pedestrian facilities, as well as intersection and roadway improvements, and is
rooted in the City’s policies of encouraging alternative mode use, discouraging singleoccupant
vehicle trips, improving traffic flow without major capacity enhancements, and encouraging
motorists to use arterials rather than local residential streets. The cost estimates for the
improvements in the Nexus Study are planninglevel estimates and will be adjusted over time
as more detailed engineering, design and other projectlevel work is completed.
H. The fee rates charged herein are no higher than necessary to cover the
reasonable costs of providing transportation infrastructure to the population associated with
new development, such as residents, visitors, employees and customers. The impact fees shall
be used in accordance with the Planning and Zoning Law, California Government Code Section
65913.8 and the Mitigation Fee Act, California Government Code Section 66001, et seq.
I. Based on the above findings and the Nexus Study, the City determines that the
Citywide Transportation Impact Fee satisfies the requirements of the Mitigation Fee Act,
California Government Code Section 66001, et seq. as follows:
(1) The purpose of the fee is to help meet the demands imposed on the City’s
transportation network by new development projects.
(2) Funds from the collection of the fee will be used to meet the demand for
pedestrian and bicycle infrastructure, as well as roadway and intersection
improvements, generated by new development.
(3) There is a reasonable relationship between the proposed uses of the fee and
the impacts of the development projects subject to the fee on the
transportation network in the city.
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(4) There is a reasonable relationship between the types of development
projects on which the fee will be imposed and the need to fund
transportation network improvements.
(5) There is a reasonable relationship between the amount of the fee to be
imposed on the development projects and the impact on the transportation
network resulting from such projects.
J. The City currently has several transportation impact fees – one citywide fee, and
three that are specific to certain geographical areas of the city – which were adopted over time
to fund different sets of improvements. The Council desires to transition to a single citywide
transportation impact fee, and cease collection of the fees established in Chapters 16.45
(Stanford Research Park/El Camino Real CS Zone) and 16.46 (San Antonio/West Bayshore Area)
of the Code with the remaining funds to be applied to planned improvements in the covered
geographical areas as identified by the Chief Transportation Official and subject to approval of
the Council, as provided for in the Municipal Code. One areaspecific fee, for Charleston
Arastradero Corridor Pedestrian and Bicyclist Safety improvements, would remain in effect until
the identified improvements are constructed. This Ordinance amends and updates the existing
citywide transportation impact fee consistent with the Comprehensive Plan and the Nexus
Study.
SECTION 2. Chapter 16.59 (Citywide Transportation Impact Fee) of Title 16 (Building
Regulations) of the Palo Alto Municipal Code is hereby amended to read as follows:
16.59.010 Short title.
This chapter may be referred to as the "Citywide Transportation Impact Fee Ordinance."
16.59.020 Definitions.
For the purposes of this chapter, the following definitions shall apply:
(a) "Affordable unithousing" shall have the meaning provided in Section 16.65.020 of this
Title mean housing with a purchase price or rent that is affordable to a "moderate,"
"low" or "very low" income household, as those terms are defined by the California
Department of Housing and Community Development, as applicable to Santa Clara
County.
(b) "Citywide transportation capacity enhancements" shall mean public facilities and
services that relieve citywide traffic congestion caused by new development projects.
Citywide transportation capacity enhancements include, but are not limited to,
advanced transportation management and information systems, expanded shuttle
transit services, and bicycle and pedestrian improvements, and roadway and
intersection improvements. Citywide transportation capacity enhancements do not
include (i) intersection improvements designed primarily to accommodate increased
traffic generated by a specific development or (ii) the addition of throughtraffic lanes
designed for primary use by private motorized vehicles.
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(c)"Construction cost index" shall mean the construction cost index for the San Francisco
Bay Area set forth in the Engineering News Record published by McGraw Hill and
Associates. In the event the Engineering News Record ceases to calculate and publish
this index, then the city manager may designate a comparable, alternative index to
serve as the construction cost index.
(d) "Eligible citywide transportation capacity enhancements" shall mean (i) the citywide
transportation capacity enhancements identified in the most recent citywide
transportation impact fee nexus study approved by the city council, and (ii) other
citywide transportation capacity enhancements that are approved by the city council
that may be substituted for an identified improvement or service because they will
mitigate similar congestion.
(e) "Existing development" shall mean structures present (at the time the amount of the
fee is calculated) and in use (within the two years prior to the time the amount of the
fee is calculated) on parcels upon which new development is planned to occur. Where it
is necessary to project PM peak hour vehicle trips generated by existing development,
such projection shall be made based on either (i) the trip generation estimates used to
determine the fee owed with respect to such existing development when the fee was
last paid with respect to such existing development or (ii) if the fee has not been paid
with respect to such existing development (or any portion thereof), the most recent use
of the existing development.
(f) "Fee" shall mean the citywide transportation impact fee imposed pursuant to this
chapter.
(g) Any reference in this chapter to the "Government Code" or to a section of the
"Government Code" shall refer to the California Government Code as it exists at the
time this ordinance chapter is applied and shall include amendments to that codethe
Government Code made subsequently to the adoption of this chapter, it being the
intent of the city to maintain the fee in compliance with applicable law.
(h) "New development" shall mean the construction of new structures or additions to
existing structures in the city and, with respect to residential development, any
development project that creates additional residential units. "New development" shall
not mean replacement or expansion of an existing residential unit. With respect to
nonresidential development, "new development" shall also mean any development
project that creates additional square footage of useful areagross floor area, or involves
a change in use that requires a use and occupancy permit.
(i) "Transportation Impact Analysis Guidelines" shall mean the most recent edition of the
"Transportation Impact Analysis Guidelines" promulgated by the Valley Transportation
Authority or such other trip projection methodology adopted by the city for the purpose
of traffic impact analysis reports.
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16.59.030 Fee imposed.
The fee is hereby imposed as a condition of the issuance of any permit for any new
development, unless expressly exempted by this chapter.
16.59.040 Exemptions.
The provisions of this chapter shall not apply to:
(a) City buildings or structures.
(b) Public school buildings or structures.
(c) Affordable housing units, either for sale or rental, that exceed the minimum number
required for projects under the city’s below market rate (BMR) housing program or
other provisions of this code, which units are, by recordable means, is permanently
obligated to be and remain 100%affordable units for a period consistent with the
requirements of Section 16.65.075(c) of this code.
(d) Retail service, eating and drinking service, personal service, or automotive service when
the total square footage (including new development) is 1,500 square feet or less.
(ed) Day care centers used for childcare, nursery school or preschool education.
(f) Below market rate housing units above and beyond the minimum number required for
projects subject to the city's below market rate (BMR) housing program. The additional
units must be offered and constructed consistently with the requirements of the BMR
program.
(ge) Accessory dwelling units (ADU) established by the conversion of an existing garage or
carport, provided that the existing garage or carport was legally constructed, or received
building permits, as of January 1, 2017, and is converted to an ADU with no expansion of
the existing building envelope.
(hf) Junior accessory dwelling units (JADU).
(i) A change in tenancy that does not result in a change in use and which does not involve
either (i) a demolition of an existing structure or (ii) an expansion of square footage of
useful area.
(jg) New development which is exempt from the fee by virtue of the Constitutions of the
United States and or California or by virtue of other applicable state or federal law.
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16.59.045 Application of fee to projects in the approval process at effective date.
The fee shall apply to development projects that are in the approval process at the effective
date of this Section, except as modified herein. A project that has its final planning permit
before the effective date of this Section and was exempt from the fee at the time of that
permit’s issuance shall not be subject to the fee.
16.59.050 Timing of payment.
(a) The fee shall be paid as set forth in Chapter 16.64 of this code.
(b) A credit against the fee may be given for dedications of eligible citywide transportation
capacity enhancements constructed or provided at private expense and for the value of
land dedicated to the city that is necessary or useful to an eligible citywide
transportation capacity enhancement. Such credit will be granted only if the city council
determines that: (i) the city will experience a substantial cost savings or service quality
improvement as a result of private construction or provision of the capacity
enhancement or the dedication of land, (ii) the capacity enhancement can be expected
to immediately and significantly relieve citywide traffic congestion, and (iii) the grant of
the credit, in lieu of the fee,will not cause the city to delay the implementation of
elements of the city’s transportation plan that are of higher priority, in the judgment of
the city council, than the land or capacity enhancement that will be dedicated. The
credit shall be applied at the time the city accepts the land or capacity enhancement.
Where the city council has made the determinations required by this subdivision,
payment of a portion of the fee equal to the amount of an expected credit against the
fee may be deferred to the date of final building inspection approval of the
development, provided the owner of the real property for which the fees are required
enters into a recordable agreement with the city prior to issuance of the building permit
for the development, which from the date of recordation, shall constitute a lien on the
property and shall be enforceable against successors in interest to the property owner.
The agreement shall provide that final occupancy approval shall not be given until the
credit is applied and any remainingthe fees are paid or the credit issued. The agreement
shall also provide that, in any action to collect the fees or any portion thereof, the city
shall be entitled to all of its costs of enforcement and collection, including reasonable
attorney’s fees. The director of planning and community environment may execute the
agreement on behalf of the city in a form acceptable to the city attorney. Any deferral
granted pursuant to this paragraph (b) shall be consistent with the requirements of
Government Code Section 66007. Where a credit is given for the provision of a service
that is an eligible capacity enhancement, the deferral of the fee, and the application of
the credit, may be according to a schedule set forth in the recorded agreement, which
schedule shall be designed to ensure that no credit is applied in advance of the provision
of services for which the credit is made.In no event shall a credit exceed the amount of
the fee, and the city shall have no obligation to make payment to or otherwise
compensate a developer or applicant if the value of the dedication exceeds the fee
amount.
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16.59.060 Calculation of fee.
(a) The fee imposed upon a new development shall be calculated by multiplying (i) the
number of net new PM peak hour vehicle trips projected to be generated by a new
development by (ii) the current fee rate.
(b) The number of net new PM peak hour vehicle trips projected to be generated by a new
development shall be calculated by subtracting the projected PM peak hour vehicle trips
generated by existing development on the parcel(s) to contain the new development
from the projected PM peak hour vehicle trips generated by the new development
(including any existing structures to remain on the parcel after the construction of the
new development). In no event shall a new development be projected to generate less
than zero new PM peak hour vehicle trips as a result of this calculation.
(c) For purposes of subsection (b), the number of PM peak hour vehicle trips projected to
be generated by a new development shall be calculated pursuant to the transportation
impact analysis guidelines. For development projects required to prepare, receive
approval of, implement and monitor a transportation demand management (TDM) plan
consistent with Comprehensive Plan Program T1.2.2, a targetbased trip reduction
approach allowed under the transportation impact analysis guidelines may be used,
provided that the TDM plan is subject to an enforceable agreement approved by the
city.
(d) To the extent existing development on a parcel qualified qualifies as new development
after the effective date of the most recent ordinance amending this section, but was
exempt from the fee by virtue of Section 16.59.040 of this code in effect at the time the
existing development was permitted, the PM peak hour vehicle trips projected to be
generated by that existing development, shall not be subtracted (as otherwise required
by subdivision (b) of this section) from the projected PM peak hour vehicle trips
generated by the new development.
(e) The rate of the fee shall be established from time to time by resolution or ordinance of
the city council in the manner required by Government Code Sections 66004 and 66018.
(f) The rate of the fee shall be subject to annual adjustment for inflation pursuant to
Section 16.64.110.
(g) The department of planning and community environment shall be responsible for the
calculation of the fee at the time of plan review or when the fee is due, whichever is
earlier. Applicants shall supply the city with the necessary information to calculate the
fee in a format acceptable to the city.
(h) The number of net new PM peak hour vehicle trips projected to be generated by a new
development shall be calculated in a manner that accounts for peak hour vehicle trips
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expected to be reduced by any Transportation Demand Management (TDM) Plan
approved or required by the city.
(i) New retail service developments, as defined in Section 18.04.030(a)(125) of this code,
shall be charged a fee at 50% of the ordinary rate set under subdivision (e) of this
section.
16.59.070 Special fund.
(a) There is hereby established a special fund, entitled the "Citywide Transportation Impact
Mitigation Fund", into which all fee proceeds and any interest thereon shall be
deposited. The fund shall be maintained as required by Government Code Section
66006.
(b) Moneys in the fund shall be expended only on the installation, acquisition, and
construction, maintenance and operation of eligible citywide transportation capacity
enhancements.
16.59.080 Accountability measures.
(a) At least annually and as required by Government Code Section 66006, the city manager,
or his or her designee, shall review the estimated cost of the public improvements to be
funded by the fee, the continued need for those improvements and the reasonable
relationship between such need and the impacts of pending or anticipated new
developments. The city manager, or his or her designee,shall report his or her findings
to the city council at a noticed public hearing and recommend any adjustment to the fee
or other action as may be needed.
(b) The city council shall review such report in the manner required by Government Code
Section 66006(b)(2).
(c) To the extent required by Government Code Section 66001(d), the city council shall
make the findings required by that section.
16.59.090 Enforcement and pPenalties.
(a) Any person violating or failing to comply with any of the requirements of this chapter
shall be subject to an administrative penalty or administrative compliance order as set
forth in Chapters 1.12 and 1.16 of this code.
(b) The city attorney shall be authorized to enforce the provisions of this chapter and all
agreements entered into in accordance with this chapter, by civil action and any other
proceeding or method permitted by law.
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(c) Each person is guilty of a separate offense for each and every day during any portion of
which any violation of any provision of this chapter is committed, continued or
permitted by such person.
(d) All remedies provided for in this section shall be cumulative and not exclusive and shall
not preclude the city from any other remedy or relief to which it otherwise would be
entitled under law or equity.
(e) Failure of any official to fulfill the requirements of this chapter shall not excuse any
person from the requirements of this chapter.
(a) All remedies provided for in this chapter shall be cumulative and not exclusive.
(b) Violation of any provision of this chapter, including, but not limited to, converting an
exempt use to a use to which this chapter applies without paying the fee, is a
misdemeanor punishable as provided in this code.
(c) Each person is guilty of a separate offense for each and every day during any portion of
which any violation of any provision of this chapter is committed, continued or
permitted by such person.
(d) Any person violating any provision of this chapter, including, but not limited to,
converting an exempt use to a use to which this chapter applies, without paying the fee,
shall be liable civilly to the city in a sum not to exceed five hundred dollars for each day
in which such violation occurs.
(e) Persons employed in the following designated employee positions are authorized to
exercise the authority provided in the California Penal Code Section 836.5 and are
authorized to issue citation for violations of this chapter: development services director,
director of planning and community environment and their designee.
SECTION 3. Collection of the fee established in Chapter 16.45 (Transportation Impact Fee for
New Nonresidential Development in the Stanford Research Park/El Camino Real CS Zone) of
Title 16 (Building Regulations) of the Palo Alto Municipal Code is hereby suspended. It is the
Council’s intent to take further action to repeal the provisions of Chapter 16.45 upon
expenditure of the collected funds.
SECTION 4. Collection of the fee established in Chapter 16.46 (Approval of Projects with
Impacts on Traffic in the San Antonio/West Bayshore Area) of Title 16 (Building Regulations) of
the Palo Alto Municipal Code is hereby suspended. It is the Council’s intent to take further
action to repeal the provisions of Chapter 16.46 upon expenditure of the collected funds.
SECTION 5. The City Council hereby amends the Municipal Fee Schedule by amending the
Citywide Transportation Impact Fee and deleting the Stanford Research Park/El Camino Real CS
Zone and San Antonio/West Bayshore Area traffic impact fees, as shown in Exhibit "A",
attached hereto and incorporated herein by reference. When effective, the fees as amended
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by this Ordinance shall supersede any prior inconsistent fees charged by the Department of
Planning and Community Environment. The amount of the new or increased fees and charges is
no more than necessary to cover the reasonable costs of the governmental activity, and the
manner in which those costs are allocated to a payer bears a fair and reasonable relationship to
the payer’s burden on, or benefits received from, the governmental activity. Pursuant to
Government Code Section 66017, these changes shall become effective sixty (60) days from the
date of adoption.
SECTION 6. The Council finds that the potential environmental impacts related to this
Ordinance were analyzed in the Final EIR for the Comprehensive Plan Update, which was
certified and adopted by the Council by Resolution No. 9720 on November 13, 2017. The
Ordinance is consistent with and implements the program evaluated in the EIR.
SECTION 7. Severability. If any section, subsection, sentence, clause, phrase or word of this
Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City
Council hereby declares that it would have passed and adopted this Ordinance, and each and all
provisions hereof, irrespective of the fact that one or more provisions may be declared invalid.
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SECTION 8. This Ordinance shall be effective on the sixtieth (60th) day after the date of its
adoption.
INTRODUCED: April 22, 2019
PASSED: May 6, 2019
AYES: CORMACK, DUBOIS, FILSETH, KNISS
NOES: KOU
ABSENT: FINE, TANAKA
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Assistant City Attorney City Manager
Director of Planning and Community
Environment
Chief Transportation Official
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EXHIBIT A
Municipal Fee Schedule
Planning and Community Environment
Traffic Impact Fees
Stanford Research Park/El Camino Real CS Zone $12.42 per net sq. ft.
San Antonio/West Bayshore area $2.56 per sq. ft.
Citywide Transportation Impact Fee $3,575.007,886.00 per
net new PM peak hour
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