HomeMy WebLinkAboutRESO 9389Resolution No. 9389
Resolution of the Council of the City of Palo Alto Making Findings
Regarding Continuing Need for Unexpended Stanford Research Park/EI Camino
Development Fees in the Amount of $823,618; San Antonio/West Bayshore
Development Fees in the Amount of $664,374; University Avenue Parking In-Lieu
Development Fees in the Amount of $90,696; and the Citywide Transportation
Impact Fund Development Fees in the Amount of $4A53
RECITALS
A. Government Code Section 66001(d) requires the City to make certain findings
with respect to development fees collected which remain unexpended or uncommitted five
of more fiscal years after deposit of such fees.
B. As authorized under Chapter 16.45 of the Palo Alto Municipal Code, the City has
collected a development fee known as the "Stanford Research Park Traffic Impact Fee" for
the purpose of funding capacity improvements at eight intersections.
C. The sum of $823,618, representing fees collected pursuant to Chapter 16.45
between 2001 and 2008, together with accrued interest thereon, remains unexpended five
or more years after deposit of the fees ("unexpended Transportation Impact Fee for New
Nonresidential Development in the Stanford Research Park/EI Camino Real CS Zone").
D. As authorized under Chapter 16.46 of the Palo Alto Municipal Code, the City has
collected a development fee known as the "San Antonio/West Bayshore Traffic Impact Fee"
for the purpose of funding capacity improvements at certain intersections.
E. The sum of $664,374, representing fees collected pursuant to Chapter 16.46
between 1989 and 2008, together with accrued interest thereon, remains unexpended five
or more years after deposit of the fees ("unexpended San Antonio/West Bayshore Traffic
Impact Fees").
F. As authorized under Chapter 16.57 ofthe Palo Alto Municipal Code, the City has
collected a development fee known as the "University Avenue In-Lieu Parking Fee" for the
purpose of funding parking structures in the University Avenue area.
G. The sum of $90,696, representing fees collected pursuant to Chapter 16.57
between 2001 and 2008, together with accrued interest thereon, remains unexpended five
or more years after deposit of the fees ("unexpended University Avenue In-Lieu Parking
Development Fees").
1
131105 jb 0131156
H. As authorized under Chapter 16.59 of the Palo Alto Municipal Code, the City has
collected a development fee known as the "Citywide Transportation Impact Fee" for the
purpose of funding the installation, acquisition, construction, maintenance and operation of
eligible citywide transportation capacity enhancements.
I. The sum of $4,453, representing fees collected pursuant to'Chapter 16.59 in
2008, together with accrued interest thereon, remains unexpended five or more years after
. deposit ofthe fees ("unexpended Citywide Transportation Impact Fees").
The Council ofthe City of Palo Alto RESOLVES as follows:
SECTION 1. The Council makes the following findings:
Stanford Research Park Fees
1. The Stanford Research Park fees were collected pursuant to Chapter 16.45 of the
Palo Alto Municipal Code, to be used solely for the purpose of funding transportation
capacity improvements at designated intersections which are adversely impacted from new
non-residential development in the Stanford Research Park/EI Camino Real CS Zone Area
("Area").
2. The need for the improvements for which the Stanford Research Park fees were
collected was identified in an Environmental Impact Report ("EIR") certified by the City
Council on March 6, 1989 and updated in the EIR for the 1998-2010 Comprehensive Plan.
3. Section 16.45.060 of Chapter 16.45 identifies the specific improvements to be
constructed with the Stanford Research Park fees. Of the four intersection improvements
identified in this section, one (Foothill/ Arastradero/Miranda) was implemented by Santa
Clara County. A second (Page Mill expressway/EI Camino Real) is in the process of being
partially implemented. The next project will be the Page Mill/Hanover intersection.
Other major intersection improvements will follow ~s funds become available, and as traffic
conditions dictate. An implementation program for these improvements has been adopted
by the City Council as part of approval of the Comprehensive Plan: This program establishes
a procedure to insure that improvements are constructed as traffic conditions warrant. The
first step in implementing the remaining improvements is the completion of design plans to
the 10-20 percent level, sufficient to establish "plan lines" that will give the City the ability
to obtain right-of-way where required.
The current cost estimate for the remaining major intersection improvements significantly
exceeds the impact fees anticipated to be collected. The remaining funds will be obtained
from other sources including: ISTEA (federal), state, county, and City (street improvement
2
131105 jb 0131156
funds). All major intersection improvements are expected to be completed by 2015. The
remaining improvements have not yet been implemented due to lack of funding, lack of
right-of-way, secondary impacts of intersection widening, and a temporary respite from
deteriorating traffic conditions due to an economic recession.
4. A reasonable relationship exists between the Stanford Research Park fees and
the purpose for which they were collected, in that the fees were imposed upon new non-
residential developments in the Area. Those projects, according to the EIR, cumulatively
generate traffic which adversely impact the intersections deSignated in the EIR.
5. The Stanford Research Park fees will be used solely for purpose of constructing
the traffic improvements identified in Chapter 16.45, as required under the Code.
6. The Stanford Research Park fees continue to be required in order to fund the
improvements specified in Chapter 16.45, in that the improvements have not yet been
constructed for the reasons described above, and the cost of the necessary improvements is
to be spread proportionately among the new non-residential users, which contribute the
traffic generating the need for the improvements.
7. Based on the foregoing, a continuing need for the Stanford Research Park fees
has been demonstrated.
San Antonio Fees
8. The San Antonio fees were collected pursuant to Chapter 16.46 of the Palo Alto
Municipal Code, to be used solely for the purpose of funding transportation capacity
improvements at designated intersections, which are adversely impacted from new non-
residential development in the San Antonio/West Bayshore Area ("AreaIJ).
9. The need for the improvements for which the San Antonio fees were collected
was identified in an Environmental Impact Report ("EIRIJ) certified by the City Council on
January 13, 1986.
10. Chapter 16.46 identifies the specific improvements to be constructed with the
fees collected thereunder, which include a right-turn lane on westbound Charleston at San
Antonio, interconnections oftraffic signals in the Area, or alternative improvements in the
Area as determined by the Chief Transportation Official, subject to the approval of the City
Council. One improvement identified in Chapter 16.46 (a signalized intersection at the
former Sun Microsystems driveway) is no longer needed.
11. The State Department of Transportation (Caltrans) has plans for a new on-ramp
and ramp metering improvements at the San Antonio Road junction with Highway 101. This
3
131105 jb 0131156
project has been planned for over twenty years, but has not yet been constructed. The
State and VTA are currently engaging in further review and study ofthe project. The San
Antonio/West Bayshore improvements described in Chapter 16.46 (with the exception of
the Middlefield/San Antonio feasibility study, which is not being actively pursued at this
time) are to be constructed together with or aner the Caltrans on-ramp improvements,
because of the need to coordinate construction projects and assess the impacts of the new
on-ramp prior to commencement of the City improvements. Accordingly, the City has been
unable to undertake the improvements as of this time, and the San Antonio fees remain
unspent.
12. The cost estimate for the projects other than the feasibility study, as of 2003 was
$712,000 and it is anticipated that all of the collected impact fees will thus be needed to
fund these improvements.
13. A reasonable relationship exists between the San Antonio fees and the purpose
for which they were collected, in that the fees were imposed upon new non-residential
developments in the Area. Those projects, according to the EIR, cumulatively generate
traffic, which adversely impact the intersections designated in the EIR.
14. The San Antonio fees will be used solely for purpose of constructing the traffic
improvements identified in Chapter 16.46, as required under the Code.
15. The San Antonio fees continue to be required in order to fund the improvements
specified in Chapter 16.46, in that the improvements have not yet been constructed for the
reasons described above, and the cost of the necessary improvements is to be spread
proportionately among the new non-residential users which contribute the traffic
generating the need for the improvements.
16. Based on the foregoing, a continuing need for the San Antonio fees has been
demonstrated.
In-Lieu Parking Fees
17. The University Avenue Parking In Lieu Fees were collected pursuant to Chapter
16.57 of the Palo Alto Municipal Code to be used solely for the purpose of construction of
public parking spaces within the assessment district to serve the parking needs of the
district created by the developments that paid the fees, as determined by the chief
transportation official, subject to the approval of the City Council.
4
131105 jb 0131156
18. A reasonable relationship exists between the University Parking In Lieu Fees and
the purpose for which they were collected, in that the fees were imposed upon non-
residential developments to serve parking needs of the district.
19. The University Parking In Lieu Fees continue to be required in order to fund the
improvements specified in Chapter 16.57.
20. Based on the foregoing, a continuing need for the University Parking In Lieu Fees
has been demonstrated.
Citywide Transportation Impact Fees
21. The Citywide Transportation Impact Fees were collected pursuant to Chapter
16.59 of the Palo Alto Municipal Code, to be used for the purpose of funding the
installation, acquisition, construction, maintenance and operation of eligible citywide
transportation capacity enhancements.
22. The unexpended Citywide Transportation fees in the amount of $4A53 are
intended to be used to fund generalized city transportation improvements such as
transportation demand management, computerized traffic management, expanded shuttle
service, and bike transportation improvements.
23. The funds have not been expended to date because the City is in the process of
exploring a comprehensive TDM program and identifying particular projects that will best
leverage use of the TIF funds.
24. The Citywide Transportation Impact fees continue to be required in order to
fund the improvements specified in Chapter 16.59 and in this resolution.
25. Based on the foregoing, a continuing need for the Citywide Transportation fees
has been demonstrated.
II
II
II
II
5
131105 jb 0131156