The URL can be used to link to this page

Home My WebLink About2002-04-08 Ordinance 4744follows: ORDINANCE NO. 4744 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 16.45.060 OF CHAPTER 16.45 (TRANSPORTATION IMPACT FEE FOR NEW NONRESIDENTIAL DEVELOPMENT IN THE STANFORD RESEARCH PARK/EL CAMINO REAL CS ZONE) OF THE PALO ALTO MUNICIPAL CODE TO INCREASE THE FEE AND TO REVISE THE LIST OF INTERSECTION IMPROVEMENTS TO BE FUNDED BY THE FEE The Council of the City of Palo Alto does ORDAIN as SECTION 1. Recitals. (a) By Ordinance No. 3894 adopted August 7, 1989, the City Council added Chapter 16.45 to the Palo Alto Municipal Code, to establish a fee on new development in the Stanford Research Park/EI Camino Real CS Zone, to pay for the cost of certain intersection improvements described in the ordinance. (b) The intersection improvements described in the ordinance had been identified in the Citywide Land Use and Transportation Study Environmental Impact Report (Citywide EIR) prepared by City staff and certified by the City Council on March 6, 1989. (c) Due to the passage of time, some of the identified intersection improvements have been completed. Further, the uncompleted improvements as well as possible alternative solutions were studied in Chapter 4.3, Section 5(a) of the Environmental Impact Report for the 1998-2010 Comprehensive Plan, which was certified by the City Council on July 20, 1998. The intersections recognized as necessary to mitigate the impacts of ongoing development in the Stanford Research Park/EI Camino Real CS zone were set forth in the 1998- 2010 Comprehensive Plan. (d) The estimated costs of construction have increased substantially subsequent to adoption of Ordinance No. 3894. A study by Korve Engineering dated June 2001, entitled "Estimated Cost of Capacity Improvements for Stanford Research Park/EI Camino Real Service Commercial (CS) Zone, II a copy of which is on file in the office of the Chief Transportation Official, and to which copy reference is hereby made for the 020313 sm 0032532 1 full particulars thereof I has updated the estimated costs of those improvements that staff has identified as currently meeting the needs identified in the Citywide EIR and Ordinance No. 3894 and as updated by the 1998-2010 Comprehensive Plan. (e) This improvements to be No. 3894, as well the fee to be paid ordinance sets forth a revised funded by the fee established by as their costs, and increases the by applicable development projects. list of Ordinance amount of SECTION 2. Section 16.45.060 of Chapter 16.45, Title 16 [Building Regulations] of the Palo Alto Municipal Code is hereby amended to read as follows: 16.45.060 Calculation of transportation impact fee. (a) Capacity improvements at the designated intersections and estimated cost thereof. The following capacity improvements were identified in the EIR (pages IV.B-50 through 85) and in Chapter 4.3, Section 5(a) of the Environmental Impact Report for the 1998-2010 Comprehensive Plan. Intersection Number and Name B-5 Page Mill Expressway/Hanover Street C-1 Middlefield Road/ Oregon Expressway new Foothill Express way/Arastradero/ Miranda D-2(a)Page Mill Expressway/ El Camino Real Capacity Improvement* Add southbound right-turn lane; restripe northbound approach Add north-and south-bound left turn lanes Est.Cost($) 1,072,469 Add additional westbound 4,598,554 lane on Arastradero at Miranda to provide two left-turn lanes, two through lanes and a right-turn lane at Foothill. Add right-turn lanes all approaches 7,807,133 Total Estimated Cost of Capacity Improvements 020313 sm 0032532 2 Notes: * Full descriptions of the capacity improvements are contained in Chapter 4.3, Section 5(a} of the EIR for the 1998- 2010 Comprehensive Plan. ** The estimated cost of the capacity improvements reflect the Comprehensive plan EIR estimates, revised in accordance with current rates, as set forth in a report entitled "Estimated Cost of Capacity Improvements for Stanford Research Park/El Camino Real Service Commercial (CS) Zone, " Prepared by Korne Engineering, June 2001. (b) Estimated Development. Approximately one million seven hundred ninety-four thousand gross square feet of new development is estimated to occur under the zoning regulations established for the area. This figure represents the realistic, long-term, maximum development potential of the area, taking into consideration the existing roadway network, the planned capacity improvements and the planned transportation demand management program. (c) Calculation of Fee. In order for new nonresidential . development in the area to bear proportionately the cost of the identified capacity improvements, such new development shall pay a fee of eight dollars and twenty cents per gross square foot of development, determined by dividing the total estimated cost of four million two hundred eighty-five thousand dollars by the total permitted new development of one million seven hundred ninety-four thousand square feet. This fee shall be adjusted annually on July 1 by an amount equal to the change in the construction cost index for the preceding year, as determined by the Engineering News Record, the McGraw Hill Construction Weekly. (d) Payment. The fee shall be paid in full to the city building inspection division prior to issuance of the building permit for the development. If no building permit is required for a change of use, the fee shall be paid in full prior to issuance of a certificate of use and occupancy. (e) Special Fund. There is established a special Stanford Research Park/El Camino Real CS Zone Fund into which all fees, and any interest thereon, collected pursuant to this chapter, shall be deposited. in a separate capital facilities account in a manner to avoid any commingling of the fees with other revenues and funds of the city. Upon receipt and entry to 020313 sm 0032532 3 the accounting records for the fundi such moneys shall be considered committed to the designated improvements or alternative improvements in accordance with subsections (f) and (g) hereof. (f) Use of Fund. The moneys in the fund shall be eligible for expenditure only for the capacity improvements at the designated intersections, as direct expenditures I or reimbursements if improvements are constructed prior to deposit of moneys into the fund, or for alternative improvements or alternative intersections that are determined by the chief transportation official, subject to the approval of the city council I to provide adequate feasible alternative mitigation of those impacts addressed in the EIR that are proposed to be mitigated by the capacity improvements in subsection (a) hereof. In no event shall fund moneys be used for regular road maintenance. The priority for spending moneys in the fund among the eight intersections shall be determined by the chief transportation official. (g) Budget Approval. The uses proposed for expenditure by the moneys in the fund shall be reviewed annually by the city council along with its review of the capital improvement program I and fund moneys shall be appropriated for such expenditure in the manner provided for adoption of the annual budget by the charter of the city. SECTION 3. The changes effected by this ordinance are consistent with the Environmental Impact Report prepared for the 1998-2010 Comprehensive Pl'an, which was certified by the City Council on July 20, 1998. Individual projects which may be required to pay the fee shall be subject to appropriate environmental review. II II II II II II II 020313 sm 0032532 4 SECTION 4. This ordinance shall be effective 30 days after the date of its adoption. INTRODUCED: March 25 1 2002 PASSED: AYES: NOES: ABSENT: April 8 1 2002 BEECHAM 1 OJAKIAN BURCH, ABSTENTIONS: FREEMAN, KISHIMOTO, NOT PARTICIPATING: KLEINBERG, MOSSAR City Clerk APPROVED AS TO FORM: ~ t~!~-<- Senior Asst. City Attorney 1M is DOCUME·NT IS CERTIf:IED TO BE AN ORtlH#\I"JCE DULY PASSED BY THE COUNCIL OF TNi:' c:nv or: PALO ALI'O AND TH!",: f,a::tu" f, H{ POSTED 101 THE COUNCIL ,'-",. ,d , .... " ,.," ('''' q. -610l-" .. !l dWITHIN'''' l~.l~i~';;~!ot;:.t'-f~ JIU ~ " :)Xi:;) [';': riS P/~SSAGE) I'"c: 're) EHider penalty )\1(; bmgoii'l{! is true 020313 sm 0032532 5 Mayor Director of Services LYTLE, MORTON 1