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Home My WebLink AboutRESO 101481 0003_20240125_ca29 Resolution No. 10148 Resolution of the Council of the City of Palo Alto Accepting the Development Impact Fee Report for the Period Ending June 30, 2023 and Making Findings Regarding the Continuing Need for Development Impact Fees Collected but Not Expended R E C I T A L S A.Government Code Sections 66000 et seq., commonly known as the Mitigation Fee Act, regulates the imposition, collections, expenditure, and reporting of development impact fees; and B.Government Code Section 66006 requires that certain information be made available to the public regarding development impact fees on an annual basis; and C.Government Code Section 66001 requires the City Council to make findings describing the continuing need for impact fees every five years specifying the intended use of any unexpended impact fees; and D.The City of Palo Alto imposes various development impact fees, and has prepared the Development Impact Fee Report for the Period Ending June 30, 2023, which contains the information required by Government Code 66006 for these fees; and E.The City of Palo Alto also imposes in-lieu fees and dedication fees in connection with development projects and although the Mitigation Fee Act’s requirements do not apply to these fees, the Development Impact Fee Report for the Period Ending June 30, 2023 includes information regarding those fees in its annual report in the interest of transparency. F.The Development Impact Fee Report for the Period Ending June 30, 2023 was published on the City of Palo Alto website on December 29, 2023. G.The City Council has read and considered the Development Impact Fee Report for the Period Ending June 30, 2023. The Council of the City of Palo Alto RESOLVES as follows: Section 1. The City Council accepts the Development Impact Fee Report for the Period Ending June 30, 2023 as required by Government Code 66006. Section 2. Based on the Development Impact Fee Report for the Period Ending June 30, 2023, and the Schedule of Improvements and Expenditures attached as Exhibit 1 to this resolution, the City Council makes the following findings as required by Government Code Section 66001 with regard to fees collected but not expended for the following development impact fees: DocuSign Envelope ID: BBC1D1F1-E93D-476B-B928-DDF1F56D1086 2 0003_20240125_ca29 Stanford Research Park/El Camino Real Traffic Impact Fee A.The purpose of this fee is to fund traffic-related improvements at eight designated intersections within the Stanford Research Park/El Camino Real CS zone. B.The fee is reasonably related to its purpose because the fee is imposed on new non- residential development, which is expected to generate an average of eighty percent of new commute period traffic at the designated intersections, and the amount of the fee is based upon the estimated cost of the capacity improvements at the designated intersections. C.The sources and amounts of funding anticipated for incomplete improvements is set forth in Exhibit 1 to this resolution. D.The approximate dates on which the funding is expected to be deposited into the appropriate account is set forth in Exhibit 1 to this resolution. San Antonio/West Bayshore Area Traffic Impact Fee A.The purpose of this fee is to fund the cost of capital expenditures needed to provide operational improvements at certain intersections in the San Antonio/West Bayshore Area. B.This fee is reasonably related to its purpose because the fee is imposed on new development in the San Antonio/West Bayshore Area, and the San Antonio/West Bayshore Environmental Impact Report (EIR) showed that these improvements are necessary to mitigate the demonstrated significant traffic impacts of such new development. C.The sources and amounts of funding anticipated for incomplete improvements/facilities is set forth in Exhibit 1 to this resolution. D.The approximate dates on which the funding is expected to be deposited into the appropriate account is set forth in Exhibit 1 to this resolution. Citywide Transportation Impact Fee A.The purpose of this impact fee is to fund the cost of citywide transportation enhancements, or public facilities and services that relieve citywide traffic congestion caused by new development projects. B.The fee is reasonably related to its purpose because the fee is imposed on development projects that cause traffic congestion on a citywide basis, calculated based on the additional traffic impacts attributable to the project, and fee funds are used only on eligible citywide transportation enhancements. C.The sources and amounts of funding anticipated for incomplete improvements/facilities is set forth in Exhibit 1 to this resolution. D.The approximate dates on which the funding is expected to be deposited into the appropriate account is set forth in Exhibit 1 to this resolution. DocuSign Envelope ID: BBC1D1F1-E93D-476B-B928-DDF1F56D1086 3 0003_20240125_ca29 University Avenue Parking In-Lieu A.The purpose of this fee is to fund the cost of providing public parking facilities to serve nonresidential development within the University Avenue parking assessment district area that does not provide adequate new off-street parking spaces to satisfy the requirements of the zoning code. B.The fee is reasonably related to its purpose because the fees will be used for the construction of additional public parking spaces within the University Avenue parking assessment district area. C.The sources and amounts of funding anticipated for incomplete improvements/facilities is set forth in Exhibit 1 to this resolution. D.The approximate dates on which the funding is expected to be deposited into the appropriate account is set forth in Exhibit 1 to this resolution. In addition to the estimated expenditures stated in Exhibit 1, the City has also allocated $1.3 million of the unexpended fund balance for resolution of pending litigation (Hamilton and High, LLC, et al. v. City of Palo Alto, et al. Case No. 20CV366967, Superior Court of California, Santa Clara County). Commercial Housing Impact Fee Fund A.The purpose of this fee is to offset the demand that new jobs create for low and moderate-income housing in the city as a result of commercial and industrial development by supporting below-market rate housing at various levels of affordability. B.The fee is reasonably related to its purpose because the fees are expended exclusively to provide housing affordable to very low income, lower income, and moderate income households in the city, consistent with the goals and policies contained in the City's housing element and for administration and compliance monitoring of the City’s affordable housing program. C.The sources and amounts of funding anticipated for incomplete improvements/facilities is set forth in Exhibit 1 to this resolution. D.The approximate dates on which the funding is expected to be deposited into the appropriate account is set forth in Exhibit 1 to this resolution. // // // // // DocuSign Envelope ID: BBC1D1F1-E93D-476B-B928-DDF1F56D1086 4 0003_20240125_ca29 SECTION 3. The Council finds that adoption of this resolution is not a project as defined by the California Environmental Quality Act (CEQA) in that it is a fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. CEQA Guidelines section 15378(b)(4). INTRODUCED AND PASSED: February 6, 2024 AYES: BURT, KOU, LAUING, LYTHCOTT-HAIMS, STONE, TANAKA, VEENKER NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ _____________________________ Chief Assistant City Attorney City Manager _____________________________ Director of Administrative Services DocuSign Envelope ID: BBC1D1F1-E93D-476B-B928-DDF1F56D1086 Exhibit 1 FY 2023 and Prior FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Traffic Signal and Intelligent Transporation Systems (PL‐05053)San Antonio/W. Bayshore Impact Fee Fund 900,000$ Refer to City of Palo Alto FY 2024 Adopted Capital Budget, pp. 330‐331 San Antonio/Charleston intersection improvements (PE‐86070)San Antonio/W. Bayshore Impact Fee Fund 900,000$ 400,000$ Refer to City of Palo Alto FY 2024 Adopted Capital Budget, pp. 290‐291 San Antonio Overpass (PE‐86070)San Antonio/W. Bayshore Impact Fee Fund 900,000$ Refer to City of Palo Alto FY 2024 Adopted Capital Budget, pp. 290‐291 Churchill Ave Enhanced Bikeway (PL‐14000) Citywide Traffic Impact Fee Fund 1,000,000$ Refer to City of Palo Alto FY 2024 Adopted Capital Budget, pp. 304‐305 Traffic Signal and Intelligent Transportation Systems (PL‐05030)Citywide Traffic Impact Fee Fund 395,000$ 395,000$ 395,000$ 395,000$ 395,000$ Refer to City of Palo Alto FY 2024 Adopted Capital Budget, pp. 330‐331 Downtown Parking Garage (PE‐15007) Downtown Parking In‐Lieu Fee Fund 1,300,000$ 5,448,600$ Refer to City of Palo Alto FY 2024 Adopted Capital Budget, pp. 158‐159. In December 2023, the City Council directed staff to resume work on the Downtown Parking Garage project in conjunction with the development of affordable housing on City‐owned parking lots. Project budget, funding amounts and dates will be updated in the FY 2025‐2029 Capital Improvement Program. 2811 Alma Street Commercial Housing Impact Fee 1,290,000$ Affordable housing units managed by Alta Housing 801 Alma Street Commercial Housing Impact Fee 4,137,254$ Affordable housing units managed by Eden Housing Management Buena Vista Mobile Home Park Commercial Housing Impact Fee 7,700,000$ Affordable housing units managed by Santa Clara County Housing Authority Wilton Court Commercial Housing Impact Fee 10,502,309$ Affordable housing units managed by Alta Housing Community Development Block Grant‐ additional eligible affordable housing units/affordable housing program expenditures Commercial Housing Impact Fee $2,000,000 The Planning and Development Services Department will be releasing a notice of funding availability (NOFA) in February 2024 and remaining funding should be allocated in FY 2024; a minimum balance will be maintained to account for unrealized losses as these funds are invested until the time of disbursement. Page Mill Road/Hanover Street Intersection Improvements Stanford Research Park/El Camino Real Traffic Impact Fee $2,200,000 Project constructed in partnership with County of Santa Clara Page Mill Road/El Camino Real Intersection Improvements Stanford Research Park/El Camino Real Traffic Impact Fee $1,000,000 Project to be constructed in partnership with County of Santa Clara with tenative construction start in FY 2026 Traffic Signal and Intelligent Transportation Systems (PL‐05030) Stanford Research Park/El Camino Real Traffic Impact Fee $50,000 $50,000 $50,000 $50,000 Funding amounts and dates will be updated in the FY 2025‐2029 Capital Improvement Program. Schedule of Improvments and Expenditures Amount and Approximate Dates of Funding to be Deposited Additional Funding Sources; NotesFunding SourceImprovement/Public Facility DocuSign Envelope ID: BBC1D1F1-E93D-476B-B928-DDF1F56D1086 Certificate Of Completion Envelope Id: BBC1D1F1E93D476BB928DDF1F56D1086 Status: Completed Subject: DocuSign: Resolution 10148 - Development Impact Fee Report Source Envelope: Document Pages: 5 Signatures: 5 Envelope Originator: Certificate Pages: 2 Initials: 0 Vinhloc Nguyen AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 Vinhloc.Nguyen@CityofPaloAlto.org IP Address: 199.33.32.254 Record Tracking Status: Original 2/8/2024 3:11:36 PM Holder: Vinhloc Nguyen Vinhloc.Nguyen@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 Caio Arellano Caio.Arellano@CityofPaloAlto.org Chief Assistant City Attorney City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 199.33.32.254 Sent: 2/8/2024 3:21:00 PM Viewed: 2/8/2024 4:47:16 PM Signed: 2/8/2024 4:47:44 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Kiely Nose Kiely.Nose@CityofPaloAlto.org Assistant City Manager/CFO City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 199.33.32.254 Sent: 2/8/2024 4:47:45 PM Viewed: 2/9/2024 12:15:33 PM Signed: 2/9/2024 12:15:42 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Ed Shikada Ed.Shikada@CityofPaloAlto.org Ed Shikada City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 2/9/2024 12:15:43 PM Viewed: 2/12/2024 8:39:49 PM Signed: 2/12/2024 8:40:20 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Greer Stone greer.stone@cityofpaloalto.org Vice Mayor Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 208.185.159.234 Sent: 2/12/2024 8:40:21 PM Viewed: 2/14/2024 10:10:37 AM Signed: 2/14/2024 10:10:53 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Mahealani Ah Yun Mahealani.AhYun@CityofPaloAlto.org City Clerk Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 2/14/2024 10:10:54 AM Viewed: 2/14/2024 10:12:15 AM Signed: 2/14/2024 10:12:27 AM 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 2/8/2024 3:21:00 PM Certified Delivered Security Checked 2/14/2024 10:12:15 AM Signing Complete Security Checked 2/14/2024 10:12:27 AM Completed Security Checked 2/14/2024 10:12:27 AM Payment Events Status Timestamps