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Home My WebLink About2021-05-17 Ordinance 5521 1 0223_20210223_ts24 Ordinance No. 5521 Ordinance of the Council of the City of Palo Alto Amending Section 21.50.070 (Calculation of fair market value) of Chapter 21.50 (Park Land Dedication or Fees In Lieu Thereof) of Title 21 (Subdivisions and Other Divisions of Land) to Update the Fair Market Value of Land. The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and declarations. The City Council finds and declares as follows: 1. Pursuant to local law and the state Quimby Act (see Gov. Code section 66477 et seq.), the City requires park land dedication or fees in lieu thereof when creating a subdivision as detailed in Palo Alto Municipal Code chapter 21.50; 2. The City Council approved a Park, Community Center, and Library Development Impact Fee Justification Study on March 8, 2021 in which it was determined that the fair market value of land for acquisition for City parks is $5.7 million per acre in Palo Alto; and 3. The City Council now desires to update the fair market value per acre of land for the purposes of Chapter 21.50 to $5.7 million per acre. SECTION 2. Subsection (b) of Section 21.50.070 (Calculation of fair market value) of Chapter 21.50 (Park Land Dedication or Fees In Lieu Thereof) of Title 21 (Subdivisions and Other Divisions of Land) is hereby amended as follows (new text in underline, deleted text in strikethrough): 21.50.070 Calculation of fair market value. (a) At the time of submission a final subdivision map for approval, the city shall, in those cases where a fee in lieu of dedication is required either in whole or in part, determine the fair market value of the land in the proposed residential development, and this determination shall be used in calculating the fee to be paid. If the developer objects to the fair market value, the city, at developer's expense, shall obtain an appraisal of the property by a qualified independent real estate appraiser, agreed to by the city and the developer, and the value established by said appraiser using standard recognized appraisal techniques to establish fair market value will be accepted as the fair market value of the land in the proposed development. Alternatively, the city and the developer may agree as to the fair market value. (b) The fair market value per acre of land for the purposes of the calculation in § 21.50.080 is $3.9 $5.7 million per acre. (c) The rate of the fee shall be subject to annual adjustment for inflation pursuant to Section 16.64.110. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any 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 this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without DocuSign Envelope ID: FA599843-F3F8-4C79-B599-72C23ED9DD0E 2 0223_20210223_ts24 regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Council finds this ordinance to update this fee is not considered a Project as defined by the California Environmental Quality Act pursuant to CEQA regulation 15061(b)(3). The projects associated with this fee have been fully analyzed as part of the City’s 2030 Comprehensive Plan and its EIR, as well as the City’s Parks and Open Space Master Plan and its Mitigated Negative Declaration and no further CEQA analysis is necessary. SECTION 5. This Ordinance shall be effective upon the effective date of the revised Parks, Open Space, and Library impact fees anticipated to be approved with the City’s fiscal year 2022 budget, but in no case shall the ordinance be effective less than thirty-one days after the date of its adoption. INTRODUCED: April 12, 2021 PASSED: May 17, 2021 AYES: BURT, CORMACK, DUBOIS, FILSETH, KOU, STONE NOES: TANAKA ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Deputy City Attorney City Manager ____________________________ Director of Community Services ____________________________ Director of Administrative Services DocuSign Envelope ID: FA599843-F3F8-4C79-B599-72C23ED9DD0E Certificate Of Completion Envelope Id: FA599843F3F84C79B59972C23ED9DD0E Status: Completed Subject: Please DocuSign: ORD 5521 Ordinance Amending PAMC Section 21.50.070 to Update the Fair Market V... Source Envelope: Document Pages: 2 Signatures: 6 Envelope Originator: Certificate Pages: 2 Initials: 0 Danielle Kang AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 Danielle.Kang@cityofpaloalto.org IP Address: 199.33.32.254 Record Tracking Status: Original 5/20/2021 2:46:03 PM Holder: Danielle Kang Danielle.Kang@cityofpaloalto.org Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign Signer Events Signature Timestamp Tim Shimizu Tim.Shimizu@CityofPaloAlto.org Deputy City Attorney Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 5/20/2021 2:48:27 PM Viewed: 5/20/2021 2:49:36 PM Signed: 5/20/2021 2:50:03 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Kiely Nose Kiely.Nose@CityofPaloAlto.org Director, Administrative Services/CFO City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 73.71.66.28 Sent: 5/20/2021 2:50:04 PM Viewed: 5/25/2021 9:14:47 AM Signed: 5/25/2021 9:15:00 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Kristen O'Kane Kristen.O'Kane@CityofPaloAlto.org Assistant Director Community Services City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 67.188.116.181 Sent: 5/25/2021 9:15:01 AM Viewed: 5/26/2021 10:11:54 AM Signed: 5/26/2021 10:12:03 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Ed Shikada Ed.Shikada@CityofPaloAlto.org Ed Shikada, City Manager City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Signed using mobile Sent: 5/26/2021 10:12:04 AM Viewed: 5/26/2021 11:29:41 AM Signed: 5/26/2021 11:30:11 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Tom DuBois tomforcouncil@gmail.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 24.5.55.204 Sent: 5/26/2021 11:30:13 AM Viewed: 5/26/2021 12:09:24 PM Signed: 5/26/2021 12:09:31 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Beth Minor beth.minor@cityofpaloalto.org City Clerk City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 5/26/2021 12:09:32 PM Viewed: 5/26/2021 12:11:22 PM Signed: 5/26/2021 12:11:32 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/20/2021 2:48:27 PM Certified Delivered Security Checked 5/26/2021 12:11:22 PM Signing Complete Security Checked 5/26/2021 12:11:32 PM Completed Security Checked 5/26/2021 12:11:32 PM Payment Events Status Timestamps