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Home My WebLink About2002-04-08 Ordinance 4742·, \' I· follows: ORDINANCE NO. 4742 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE PALO ALTO MUNICIPAL CODE BY ADDING CHAPTER 16.58 ESTABLISHING IMPACT FEES, TO BE IMPOSED ON NEW DEVELOPMENT, FOR PARKS, COMMUNITY CENTERS AND LIBRARIES The Council of the City of Palo Al to does ORDAIN as ION 1. Findings. (a) Plan on July undertaken to existing City Following discussion of the Long Range 17, 2000, the Council directed that a assess the impact of new development parks, community centers and libraries. Financial study be upon the (b) Based upon that direction, the City commissioned the preparation of a nexus study, Ci ty of Palo to Parks and Community Facilities Impact Fee Study, dated September 18, 2001, and prepared by DMG-MAXIMUS (here fter, "Study"). (c) The Study provides a detailed legal framework for the impos ion of development impact fees for parks, community centers and libraries, defines the facilities that could be funded by such fees and specif the levels of fees that could be justi y.charged to new development to fund the identified facilit (d) The Study is hereby adopted and shall serve as by this the basis for imposition the fees established ordinance. In particular, the Study: use and imposed. 1. Identifies the purpose of each . , 2. Identifies the use to which the will be put; 3. Shows a reasonable relationship between the fee's type of development proj ect on which the fee is 4. Shows a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed; and 020417 sm 0032527 1 5. Shows a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facil attributable to the development on which the fee is imposed. (e) considering the specific project estimates identified in the Study, descriptions and cost Council approves estimates, and finds calculating and imposing by this ordinance. such project descriptions and cost them reasonable as the basis for the development impact fees established (f) The projects and fee methodology identified the Study are consistent with the Comprehensive Plan, and mitigation of by new development upon the City's parks, community centers and libraries is in accord with numerous Comprehensi ve Plan goa policies and programs, as enumerated by the Council Resolution No. 8124, adopted January 28, 2002. (g) Adoption of the fees established by this ordinance is in publ interest. SECTION 2. Chapter 16.58 is hereby added to T 16 [Building Regulat ] of the Palo Alto Municipal Code to read: Chapter 16.58 Development Impact Fees for Parks, Community Centers and Libraries Sections: 16.58.010 16.58.020 16.58.030 16.58.040 16.58.050 16.58.060 16.58.070 Definitions Applicability Exemptions Timing of Payment Creation of Special Funds Fee Review Severability 16.58.010 Definitions. For the purposes of this chapter, the lowing definitions shall apply: (a) "Affordable residential housing" shall mean a purchase price or rental price that is affordable to a 'moderate, ' 'low' or 'very low' income household as those terms are defined by the California Department 020417sm0032527 2 of Housing and Community Development, as applicable to Santa Clara County. (b) "New development" shall mean, with respect to residential development, any development that creates additional residential units. "New development" shall not mean replacement of an existing residential unit. "New development" shall mean, with respect to nonresidential development, any development that creates additional square footage. Where a development proj ect includes replacement of existing square footage, the "new development" shall mean only the portion that constitutes additional square footage. 16.58.020 Applicability. The following fees are as a condition of the development, whether otherwise exempted by hereby established and shall be imposed approval of, or permit for, any new residential or nonresidential, except as this chapter: (a) A fee, known as a Park Development Fee, to fund acquisi tion of land and improvements for neighborhood and district parks, in an amount as set forth in the Municipal Fee Schedule. (b) A fee, known as a Community Center Development Fee, to fund development and improvements to community centers, in an amount as set forth in the Municipal Fee Schedule. (c) A fee, known as a Library Development Fee, to fund development and improvements to libraries, in. an amount as set forth in the Municipal Fee Schedule. 16.58.030 Exemptions. The provisions of this chapter shall not apply to the following: (a) City buildings or structures; (b) Public school buildings or structures; (c) Residential housing, either for sale or rental, which, by recordable means, is permanently obligated to be 100% affordable; 020417 sm 0032527 3 16.58.040 Timing of Payment. (a) The obligation to pay the fees established by this chapter shall accrue as of the date the first discretionary approval is given for the development, or if no discretionary approval is required, as of the date a complete application is submitted for a building permit for the development. Fees shall be due and payable as of the date a complete application is submitted for a building permit for the development. Fees shall be due and payable to the City of Palo Alto prior to issuance of a building permit for the development, and shall be calculated at the rate of the fees in effect as of the date the obligation to pay the fees accrued. (b) Payment of the fees may be deferred, for residential development only, 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 fees are paid. 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 attorneys fees. The director of planning and community environment shall be authorized on behalf of the City to execute the agreement described in this section, in a form acceptable to the City attorney. 16.58.050 Creation of Special Funds. The city manager is hereby directed to establish and maintain the following special funds, into which all fees of each type described in Section 16.58.020, and any interest th~reon, shall be deposited. Each fund shall be maintained as a separate capital facilities account in a manner to avoid any commingling of the fees with other revenues, funds or accounts of the City. Upon receipt and entry into the accounting records for each fund such monies shall be considered committed to the uses described in 16.58.020. The special funds established by this section are: (a) Park Development Fee Fund 020417 SID 0032527 4 (b) Community Center Development Fee Fund (c) Library Development Fee Fund 16.58.060 Fee Review. On an annual basis following the enactment of this chapter, the city manager shall review the estimated cost of the described public improvements to be funded by the fees, the continued need for those improvements and the reasonable relationship between such need and the impacts of pending or anticipated new development wi thin the City. The city manager shall report his or her findin9s to the city council at a noticed public hearing and recommend any adjustment to the fees or other action as may be needed. 16.58.070 Severability. If any provision of this chapter or the applicability thereof to any person or entity is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect any other provision of this chapter which can be given effect without the invalid provisions or application; and to this end the provisions of this chapter are declared to be severable. SECTION 3. The Municipal Fee Schedule is hereby amended to add development fees for parks, community centers and libraries, as shown on Exhibit "A", attached hereto and incorporated herein by reference. SECTION 4. This is not a proj ect for purposes of the California Environmental Quality Act (CEQA) . However, individual improvement projects to be funded by the fees hereby established and individual development proj ects upon which the fees will be imposed shall be subject to appropriate environmental review rinder CEQA. II II II II II II II 020417 sm 0032527 5 SECTION 5. This ordinance shall take effect 30 days after the date of s adoption; provided, however, that when effective, the fees hereby established shall be imposed on 1 applicable development receiving discretionary approval from and after January 29, 2002 or for applicable development projects not requiring discretionary approval, projects for which a building permit is issued from and after January 29, 2002. INTRODUCED: March 25, 2002 PASSED: April 8, 2002 AYES: BEECHAM, BURCH, MOSSAR, OJAKIAN NOES: KLEINBERG ABSENT: ABSTENTIONS: ATTEST: ,.;}- APPROVED AS TO FORM: ~.w.~ Senior Asst. Clty Attorney •• 1:J0!JOO en.ll Sf 8u!o8aJoj etIi ~iH13 IUnfJsd 10 Alleued "!9pun (G~li)IOGP JO) f.J!:\hf)O I". QlliV 05:\:,' IJ 'IONnO:) 3Hl A8 (EJE;~\I.j N,'i/: ~:rW.l a;:;JJ::l~.l~~ Sj·lN£j: ,\,1:. \ 020417 sm 0032527 FREEMAN, 6 KISHIMOTO, LYTLE, MORTON, Mayor r r Planning and Community Environment Director of Services Development Projects Preliminary Review Mitigated Negative Declaration Regular PLANNING DEPARTMENT Initial deposit of $3,000.00. 100% of processing costS will be recovered plus Environmental Impact Assessment plus Public Notice Mailing Labels fee and any other entitlements necessary to complete the project, whether indicated as 100% cost recovery in this schedule or not. Initial deposit of 100% of estimated costs due upon application. If estimated costs exceed $100,000 alternative deposit and payment schedule arrangements may be made at the discretion of the Director of Planning and Community Environment. 100% of processing costs. be recovered: $650.00 2001~02 FEE . $7,960/residence; Multi- Initial deposit of $3,000.00. 100% of processing costs will be recovered plus Environmental Impact Assessment plus Public Notice Mailing Labels fee and any other entitlements necessary to complete the project, whether indicated as 100% cost recovery in this schedule or not. Initial deposit of 100% of estimated costs due upon application. If estimated costs exceed $100,000 alternative deposit and payment schedule arrangements may be made at the discretion of the Director of Planning and Community Environment. 100% of processing costs will be recovered. $680.00 1 For the purposes of this fee, "single family" is defined as a single detached house on a lot in any zone. All subsequent units (attached or detached) constructed on a lot will be charged at the multi-family rate. 44