HomeMy WebLinkAboutRESO 102141
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Resolution No. 10214
Resolution of the Council of the City of Palo Alto Accepting the Annual Report
on Development Impact Fees for the Period Ending June 30, 2024 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, 2024, 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, 2024 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, 2024 was published on
the City of Palo Alto website on December 2, 2024.
G. The City Council has read and considered the Development Impact Fee Report for the Period
Ending June 30, 2024.
The Council of the City of Palo Alto RESOLVES as follows:
Section 1. The City Council accepts the Annual Report on Development Impact Fees
for the Period Ending June 30, 2024 as required by Government Code 66006.
Section 2. Based on the Development Impact Fee Report for the Period Ending June
30, 2024, 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 fees:
Stanford Research Park/El Camino Real Traffic Impact Fee
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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 are 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 are 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 are 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 are set forth in Exhibit 1 to this resolution.
Commercial Housing Impact Fee
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 new and preserve existing 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 Planning and Development Services Department released a Notice of Funding
Availability (NOFA) for eligible facilities/services in September 2024.
D. The unexpended fund balance should be allocated in FY 2025 and later years through the
NOFA process, which awards grants to eligible projects on an annual basis; however, a
minimum balance will be maintained to account for unrealized losses as these funds are
invested until the time of disbursement.
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General Government Facilities Fee
A. The purpose of this fee is to fund the cost of improvements to those facilities used by the
City to provide basic governmental services and public facilities maintenance services,
exclusive of public safety.
B. The fee is reasonably related to its purpose because new residential and non-residential
development in the city will generate additional residents and employees who will
increase the demand for services, including municipal services and general government
functions. Population and growth has a direct impact on the need for government services
and facilities, thus a reasonable relationship exists between new development and
government facilities, which will have to be acquired to meet the increased demand.
A. The sources and amounts of funding anticipated for incomplete improvements are set
forth in Exhibit 1 to this resolution.
B. The approximate dates on which the funding is expected to be deposited into the
appropriate account are set forth in Exhibit 1 to this resolution.
Park Development Fee
A.The purpose of this fee is to fund the cost to design, acquire, install, and construct park
facilities.
B.The fee is reasonably related to its purpose because the fees will be collected from new
residential and non-residential development in the city for park facilities that will be
necessary due to increased demand for such facilities resulting from new development.
New development will generate additional residents and employees who will increase the
demand for active and passive park facilities within the city. Land will have to be
purchased and improved to meet this increased demand.
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.
Community Center Development Fee
A.The purpose of this fee is to fund the cost to design, acquire, install, and construct
community center facilities.
B.The fee is reasonably related to its purpose because the fees will be collected from new
residential and non-residential development in the city for community center facilities
that will be necessary due to increased demand for such facilities resulting from new
development. New development will generate additional residents and employees who
will increase the demand for community center facilities within the city. Land will have to
be purchased and improved to meet this increased demand.
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.
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Library Development Fee
A.The purpose of this fee is to fund the cost to design, acquire, install, and construct library
facilities.
B.The fee is reasonably related to its purpose because the fees will be collected from new
residential and non-residential development in the city for library facilities that will be
necessary due to increased demand for such facilities resulting from new development.
New development will generate additional residents and employees who will increase the
demand for library facilities within the city. Land will have to be purchased and improved
to meet this increased demand.
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.
Residential Housing Impact Fee
A. The purpose of this fee is to offset the demand for low and moderate-income housing in
the city as a result of market rate residential 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 new and preserve existing 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 Planning and Development Services Department released a Notice of Funding
Availability (NOFA) for eligible facilities/services in September 2024.
D. The unexpended fund balance should be allocated in FY 2025 and later years through the
NOFA process, which awards grants to eligible projects on an annual basis; however, a
minimum balance will be maintained to account for unrealized losses as these funds are
invested until the time of disbursement.
Charleston-Arastradero Corridor Pedestrian and Bicyclist Safety Impact Fee
A.The purpose of this fee is to fund the cost to implement the Charleston-Arastradero
Corridor Plan, a series of streetscape improvements designed to increase pedestrian and
bicyclist safety in the corridor.
B.The fee is reasonably related to its purpose because the fees will be collected on
residential and non-residential development within the Charleston-Arastradero Corridor
Plan area and used to construct improvements identified in the Charleston-Arastradero
Corridor Plan.
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.
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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 are 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 are set forth in Exhibit 1 to this resolution.
Public Safety Facilities Impact Fee
A.The purpose of this fee is to fund the construction, acquisition and/or upgrade of Police
and Fire Facilities and equipment.
B.The fee is reasonably related to its purpose because new residential and non-residential
development will generate additional residents and employees who will require
additional service calls increasing the need for trained Police and Fire personnel. Buildings
and vehicles used to provide these services will have to be expanded, constructed, or
purchased to meet this increased demand. Thus a reasonable relationship exists between
the need for Public Safety facilities and the impact of residential and non-residential
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.
University Avenue Parking In-Lieu Fee
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 are 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 are set forth in Exhibit 1 to this resolution.
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Residential Housing In-Lieu Fee
A. The purpose of this fee is to offset the demand for low and moderate-income housing in
the city as a result of market rate residential development by supporting below-market
rate housing at various levels of affordability. The fee allows developers of market-rate
residential ownership projects to fulfill their obligation to provide affordable ownership
units by paying an in-lieu fee after demonstrating that providing such units as part of the
project would be infeasible.
B. The fee is reasonably related to its purpose because the fees are expended exclusively to
provide new and preserve existing 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 Planning and Development Services Department released a Notice of Funding
Availability (NOFA) for eligible facilities/services in September 2024.
D. The unexpended fund balance should be allocated in FY 2025 and later years through the
NOFA process, which awards grants to eligible projects on an annual basis; however, a
minimum balance will be maintained to account for unrealized losses as these funds are
invested until the time of disbursement.
Public Art In-Lieu Fee
A. The purpose of this fee is to fund the cost of providing publicly visible art displays that
enhance the built environment in the city when private developers opt not to commission
on-site art displays as part of their projects.
B. The fee is reasonably related to its purpose because the fees will be collected from
development projects that exceed a minimum size that do not include on-site art displays
and used to acquire and install temporary or permanent works of art in public places,
provide publicly accessible exhibitions of art, provide community-based public art events,
and cover expenses associated with the Public Art Program.
C. The Community Services Department, through the Public Art Commission, continually
evaluates opportunities for public art displays, exhibitions, and community events using
the Public Art Fund. The Public Art Fund also contributes to cost of administering the
Public Art Program, however that contribution is limited to 20% of the project budget and
for the repair, maintenance, conservation and insurance of those works.
D. The sources and amounts of funding anticipated for incomplete improvements are set
forth in Exhibit 1 to this resolution.
E. The approximate dates on which the funding is expected to be deposited into the
appropriate account are set forth in Exhibit 1 to this resolution. The unexpended fund
balance is allocated on an ongoing basis as public art projects are considered and
approved by the Public Art Commission.
Parkland Dedication Fee
This fee is under Government Code section 66477 and 66479 and therefore the requirement to
make additional findings every five years does not apply.
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Water & Wastewater System Connection and Capacity Fees
These fees are imposed under Government Code section 66013 and therefore the requirement
to make additional findings every five years does not apply. Refer to the Development Impact
Fee Report for the Period Ending June 30, 2024 for the information required by Government Code
66013(d).
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: JANUARY 13, 2025
AYES: BURT, LAUING, LU, LYTHCOTT-HAIMS, RECKDAHL, STONE, 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: 8E957EF4-DAAA-4DDC-AFB1-53E6C7CAC193
Attachment B - Exhibit 1 City of Palo Alto
Schedule of Improvements and Expenditures
Fund/Project Name CIP Project
Number
Unexpended
Balance FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 Notes; Other Funding Sources/Amounts
Stanford Research Park/El Camino Real Transportation Impact Fee 1,275,357$
Page Mill Road/El Camino Real Intersection Improvements N/A 1,276,358$ Project to be constructed by County of Santa Clara; additional project funding
from County 2016 Measure B Expressway Program; anticipated construction
start in mid-2025
San Antonio/West Bayshore Area Transportation Impact Fee
Traffic Signal and Intelligent Transportation System Upgrades PL-05030 427,121$ 427,121$ San Antonio/Charleston Road Intersection Improvement Project; anticipated
construction start in 2026Commercial Housing Impact Fee 4,207,369$
Notice of Funding Availability issued September 30, 2024 N/A 2,200,000$ The City annually issues Notices of Funding Availability (NOFA) to provide
funding support for eligible affordable housing projects. Funding awards vary by
project and the available balance in the this fund, and other funds managed
throught City's affordable housing program. Specific projects to be funded
through the FY 2025 NOFA process will be determined in January 2025.
Additional NOFAs will be issued for FY 2026 and later years based on available
funding.
General Government Facility Development Fee 191,973$
Public Safety Building PE-15001 191,972$ See pp. 164-166 of FY 2025 Capital Budget; technical adjustments to capital
budget approved by City Council October 21, 2024; additional technical
adjustments to capital budget anticipated in Q1 of FY 2025.
Park Development Fee 2,384,330$
Dog Park Installation and Renovation PG-18001 150,000$ 150,000$ See pp. 218-219 of FY 2025 Capital Budget.Park Restroom Installation PG-19000 629,590$ 559,342$ 559,342$ See pp. 254-256 of FY 2025 Capital Budget.
Community Center Development Fee 970,142$
Electrification of City Facilities PE-24001 490,000$ See pp. 122-123 of FY 2025 Capital Budget.
Facility Interior Finishes Replacement PF-02022 440,250$ See pp. 124-126 of FY 2025 Capital Budget.Library Development Fee 617,837$
Library Automated Material Handling LB-21000 382,983$ See pp. 138-140 of FY 2025 Capital Budget.Residential Housing Impact Fee 1,155,034$
Notice of Funding Availability issued September 30, 2024 N/A 400,000$ The City annually issues Notices of Funding Availability (NOFA) to provide
funding support for eligible affordable housing projects. Funding awards vary by
project and the available balance in the this fund, and other funds managed
throught City's affordable housing program. Specific projects to be funded
through the FY 2025 NOFA process will be determined in January 2025.
Additional NOFAs will be issued for FY 2026 and later years based on available
funding.
Charleston-Arastradero Corridor Pedestrian & Bicyclist Safety 17,253$ Bike Pedestrian Transportation Plan Implementation Project PL-04010 17,252$ See pp. 308-310 of FY 2025 Capital Budget.
Citywide Transportation Impact Fee 1,883,518$ Traffic Signal and Intelligent Transportation System Upgrades PL-05030 395,000$ 395,000$ 395,000$ 395,000$ 395,000$ See pp. 344-346 of FY 2025 Capital Budget.
Public Safety Facility Development Impact Fee 151,288$
Fire Station 4 Replacement PE-18004 95,093$ 56,195$ See pp. 128-130 of FY 2025 Capital Budget.
University Avenue Non-Residential Development Parking In-Lieu 15,189,652$
New Downtown Parking Garage PE-15007 15,498,600$ See pp. 160-162 of FY 2025 Capital Budget; technical adjustments to capital
budget approved by City Council October 21, 2024; revised project budget and
funding sources anticipated Q2 2025.
Residential Housing In-Lieu 1,516,624$
Notice of Funding Availability issued September 30, 2024 N/A 500,000$ The City annually issues Notices of Funding Availability (NOFA) to provide funding support for eligible affordable housing projects. Funding awards vary by
project and the available balance in the this fund, and other funds managed throught City's affordable housing program. Specific projects to be funded
through the FY 2025 NOFA process will be determined in January 2025. Additional NOFAs will be issued for FY 2026 and later years based on available
funding.
Public Art In-Lieu 2,244,651$
Code: Art Community Event 2025 N/A 275,000$ Project funding approved by Public Arts Commission August 28, 2024.
Docusign Envelope ID: 8E957EF4-DAAA-4DDC-AFB1-53E6C7CAC193
Certificate Of Completion
Envelope Id: 8E957EF4-DAAA-4DDC-AFB1-53E6C7CAC193 Status: Completed
Subject: RESO 10214 - FY24 Development Impact Fees and Findings for Continuing Need
Source Envelope:
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Certificate Pages: 2 Initials: 0 Christine Prior
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250 Hamilton Ave
Palo Alto , CA 94301
Christine.Prior@CityofPaloAlto.org
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Caio Arellano
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Chief Assistant City Attorney
City of Palo Alto
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Lauren Lai
Lauren.Lai@CityofPaloAlto.org
Director Administrative Services/CFO
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Ed Shikada
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Ed Shikada
City of Palo Alto
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Ed Lauing
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Mahealani Ah Yun
Mahealani.AhYun@CityofPaloAlto.org
City Clerk
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