HomeMy WebLinkAboutStaff Report 10321TO:
FROM:
DATE:
CITY OF
PALO
ALTO
HONORABLE CITY COUNCIL
MOLLY STUMP, CITY ATTORNEY
APRIL 25, 2019
STAFF REPORT #10321
11
SUBJECT: SECOND READING: ADOPTION OF AN ORDINANCE AMENDING TITLE 16 OF THE
PALO ALTO MUNICIPAL CODE TO MODIFY AND INCREASE THE CITYWIDE
TRANSPORTATION IMPACT FEE (CHAPTER 16.59} AND SUSPEND APPLICATION
OF THE EXISTING AREA SPECIFIC TRANSPORTATION IMPACT FEES FOR THE
STANFORD RESEARCH PARK/EL CAMINO REAL CS ZONE (CHAPTER 16.45} AND
THE SAN ANTONIO/WEST BAYSHORE AREA (CHAPTER 16.46), AND AMENDING
THE MUNICIPAL FEE SCHEDULE TO UPDATE THE CITY'S TRANSPORTATION
IMPACT FEES IN ACCORDANCE WITH THESE CHANGES, ALL IN FURTHERANCE
OF IMPLEMENTATION OF THE COMPREHENSIVE PLAN. THE CITYWIDE
TRANSPORTATION IMPACT FEE IS A ONE-TIME FEE ON NEW DEVELOPMENT
AND REDEVELOPMENT THROUGHOUT PALO ALTO TO FUND TRANSPORTATION
IMPROVEMENTS TO ACCOMMODATE AND MITIGATE THE IMPACTS OF FUTURE
DEVELOPMENT IN THE CITY. THIS ORDINANCE IS WITHIN THE SCOPE OF THE
COMPREHENSIVE PLAN ENVIRONMENTAL IMPACT REPORT (EIR} CERTIFIED
AND ADOPTED ON NOVEMBER 13, 2017 BY COUNCIL RESOLUTION NO. 9720
(FIRST READING: APRIL 22, 2019, PASSED: 5-2 DUBOIS, KOU NO}
The ordinance attached to this memo replaces the ordinance included with the original packet
for the second reading.
Both the staff report and the ordinance attached to the staff report contained an error
regarding the amendment to Palo Alto Municipal Code Section 16.59.020(h). The corrected
ordinance reflects the language in the Council's approved motion (item C) to revise Section
16.59.020{h) to state:
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STAFF REPORT #10321
CI TY 0 F
PALO
ALTO
"New development" shall mean the construction of new structures or additions
to existing structures in the city and, with respect to residential development,
any development project that creates additional residential units . "New
development" shall not mean replacement or expansion of an existing
residential unit. With respect to nonresidential development, "new
development" shall also mean any development project that creates additional
gross floor area. or involves a change in use that requires a use and occupancy
permit.
Sandra Lee
Assistant City Attorney
Attachment A: Revise Ordinance
2 of2
Not Yet Adopted
Ordinance No.
Ordinance of the Council of the City of Palo Alto Amending Title 16 of the
Palo Alto Municipal Code By Establishing an Updated Citywide Transportation
Impact Fee and Indefinitely Suspending Application of the Existing Area
Specific Transportation Impact Fees for the Stanford Research Park/El
Camino Real CS Zone and the San Antonio/West Bayshore Area, and
Amending the Municipal Fee Schedule to Update the City's Transportation
Impact Fees in Accordance with these Changes, All in Furtherance of
Implementation of the Comprehensive Plan, Including Policy T-1.25 and
Programs Tl.2 .2 and Tl.25.1
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations . The City Council finds and declares as follows :
A. On November 13, 2017, the City Council adopted an update to the City of Palo
Alto Comprehensive Plan to guide projected growth and development within the City through
2030. As described in the certified Final Environmental Impact Report (EIR) for the
Comprehensive Plan Update, new development would worsen traffic congestion and result in
significant environmental impacts related to transportation. The Final EIR also identified
mitigation measures to address those impacts, which were adopted by the Council and are
reflected in the Comprehensive Plan's policies and programs as well as the adopted Mitigation
Monitoring and Reporting Program .
B. The Comprehensive Plan includes a policy (T-1.25) to pursue funding
opportunities for ongoing transportation improvements that will help mitigate impacts of
future development and protect residents' quality of life. To implement that policy, the
Comprehensive Plan includes a program (Tl.25 .1) to regularly evaluate the City's existing
transportation impact fee and modify it as needed to implement transportation infrastructure
improvements. This program provides that "[m]odifications to the impact fee program should
be structured in keeping with the City's desire to require new development to reduce peak
hour motor vehicle trips to the extent feas i ble through TOM plans and by contributions to the
provision of transit services, shuttles, carpool/rideshare incentives and similar programs."
C. The Comprehensive Plan also includes a program (Tl.2.2) to require new
developments to implement transportation demand management (TDM) plans to achieve
identified targets in vehicle trip generation, and to require payment of a transportation impact
fee for those peak hour vehicle trips that cannot be reduced through TOM measures.
D. Consistent with the Comprehensive Plan, the Council desires to implement the
identified policy and programs and adopt an updated citywide transportation impact fee to
offset the traffic impacts from new development throughout Palo Alto.
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E. The City has prepared a study entitled "City of Palo Alto Transportation
Fee Nexus Study" dated April 9, 2019 and accepted by the City Council on April 22, 2019
(hereinafter the "Nexus Study"), which specifies transportation improvements required to serve
future development and recommends the amount of the impact fee on new development. The
Nexus Study is available for public inspection during normal business hours at the Office of the
City Clerk at 250 Hamilton Avenue, ist Floor, Palo Alto, California, and the Planning &
Community Environment Department at 250 Hamilton Avenue, 5th Floor, Palo Alto, California.
The City Council has reviewed the Nexus Study and accepts the findings and conclusions of the
study.
F. The Nexus Study concluded that all new land uses in Palo Alto will generate an
increased demand for transportation infrastructure and services, and recommended that the
citywide transportation impact fee apply to both residential and non -residential development
in the city. While the Nexus Study found that all new land uses will generate this increased
demand for transportation, the Council finds that it is in the public interest to exempt some
uses from payment of the fee, in order to promote other important City policies and priorities,
such as 100% affordable housing developments .
G. The improvements specified in the Nexus Study are intended to mitigate those
traffic impacts identified in the Final EIR for the Comprehensive Plan and other recent traffic
studies, and achieve a balanced transportation network . The range of improvements includes
bicycle and pedestrian facilities, as well as intersection and roadway improvements, and is
rooted in the City's policies of encouraging alternative mode use, discouraging single-occupant
vehicle trips, improving traffic flow without major capacity enhancements, and encouraging
motorists to use arterials rather than local residential streets. The cost estimates for the
improvements in the Nexus Study are planning-level estimates and will be adjusted over time
as more detailed engineering, design and other project-level work is completed.
H. The fee rates charged herein are no higher than necessary to cover the
reasonable costs of providing transportation infrastructure to the population associated with
new development, such as residents, visitors, employees and customers. The impact fees shall
be used in accordance with the Planning and Zoning Law, California Government Code Section
65913 .8 and the Mitigation Fee Act, California Government Code Section 66001, et seq.
I. Based on the above findings and the Nexus Study, the City determines that the
Citywide Transportation Impact Fee satisfies the requirements of the Mitigation Fee Act,
California Government Code Section 66001, et seq. as follows:
(1) The purpose of the fee is to help meet the demands imposed on the City's
transportation network by new development projects.
(2) Funds from the collection of the fee will be used to meet the demand for
pedestrian and bicycle infrastructure, as well as roadway and intersection
improvements, generated by new development.
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(3) There is a reasonable relationship between the proposed uses of the fee and
the impacts of the development projects subject to the fee on the
transportation network in the city.
(4) There is a reasonable relationship between the types of development
projects on which the fee will be imposed and the need to fund
transportation network improvements.
(5) There is a reasonable relationship between the amount of the fee to be
imposed on the development projects and the impact on the transportation
network resulting from such projects.
J. The City currently has several transportation impact fees -one citywide fee, and
three that are specific· to certain geographical areas of the city-which were adopted over time
to fund different sets of improvements. The Council desires to transition to a single citywide
transportation impact fee, and cease collection of the fees established in Chapters 16.45
(Stanford Research Park/El Camino Real CS Zone) and 16.46 (San Antonio/West Bayshore Area)
of the Code with the remaining funds to be applied to planned improvements in the covered
geographical areas as identified by the Chief Transportation Official and subject to approval of
the Council, as provided for in the Municipal Code. One area-specific fee, for Charleston
Arastradero Corridor Pedestrian and Bicyclist Safety improvements, would remain in effect until
the identified improvements are constructed. This Ordinance amends and updates the existing
citywide transportation impact fee consistent with the Comprehensive Plan and the Nexus
Study.
SECTION 2. Chapter 16 .59 (Citywide Transportation Impact Fee) of Title 16 (Building
Regulations) of the Palo Alto Municipal Code is hereby amended to read as follows:
16.59.010 Short title.
This chapter may be referred to as the "Citywide Transportation Impact Fee Ordinance."
16.59.020 Definitions.
For the purposes of this chapter, the following definitions shall apply:
(a) "Affordable unitl:ie1:JsiAg11 shall have the meaning provided in Section 16.65.020 of this
Title meaA l:ie1:JsiAg witl:i a p1:Jrel:iase priee er reAt tl:iat is affereaele te a "me aerate,"
"lew" er "ver'( lew" iAeeme l:ie1:Jsel:iele, as tl:iese terms are eefiAee B'f tl:ie CaliferAia
QepartmeAt ef Me1:JsiAg aAe Cemm1:JRit'( QevelepmeAt, as applieaele te SaAta Clara
CeblRty.
(b) "Citywide transportation eapaeit'( enhancements" shall mean public facilities a.A&
serviees that relieve citywide traffic congestion caused by new development projects.
Citywide transportation eapaeit'( enhancements include, but are not limited to,
aevaAeee traAspertatieA maAagemeAt aAe iAfermatieA S'/stems, e><paAeee sl:i1:Jttle
traAsit serviees, aAe bicycle and pedestrian improvements. and roadway and
intersection improvements. Citywide transportation eapaeit•1 enhancements do not
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include (i) intersection improvements designed primarily to accommodate increased
traffic generated by a specific development or (ii) the addition of through-traffic lanes
designed for primary use by private motorized vehicles.
(c) "Construction cost index" shall mean the construction cost index for the San Francisco
Bay Area set forth in the Engineering News Record published by McGraw Hill and
Associates. In the event the Engineering News Record ceases to calculate and publish
this index, then the city manager may designate a comparable, alternative index to
serve as the construction cost index.
(d) "Eligible citywide transportation ea~aeity enhancements" shall mean (i) the citywide
transportation ea~aeity enhancements identified in the most recent citywide
transportation impact fee nexus study approved by the city council, and (ii) other
citywide transportation ea~aeity enhancements that are approved by the city council
that may be substituted for an identified improvement or service because they will
mitigate similar congestion.
(e) "Existing development" shall mean structures present (at the time the amount of the
fee is calculated) and in use (within the two years prior to the time the amount of the
fee is calculated) on parcels upon which new development is planned to occur. Where it
is necessary to project PM peak hour vehicle trips generated by existing development,
such projection shall be made based on either (i) the trip generation estimates used to
determine the fee owed with respect to such existing development when the fee was
last paid with respect to such existing development or (ii) if the fee has not been paid
with respect to such existing development (or any portion thereof), the most recent use
of the existing development.
(f) "Fee" shall mean the citywide transportation impact fee imposed pursuant to this
chapter.
(g) Any reference in this chapter to the "Government Code" or to a section of the
"Government Code" shall refer to the California Government Code as it exists at the
time this ereliRaRee chapter is applied and shall include amendments to tt;Jat eeelethe
Government Code made subsequently to the adoption of this chapter, it being the
intent of the city to maintain the fee in compliance with applicable law.
(h) "New development" shall mean the construction of new structures or additions to
existing structures in the city and, with respect to residential development, any
development project that creates additional residential units. "New development" shall
not mean replacement or expansion of an existing residential unit. With respect to
nonresidential development, "new development" shall also mean any development
project that creates additional s1:11:1are feetage ef 1:1sef1:1I areagross floor area, or involves
a change in use that requires a use and occupancy permit.
(i) "Transportation Impact Analysis Guidelines" shall mean the most recent edition of the
"Transportation Impact Analysis Guidelines" promulgated by the Valley Transportation
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Authority or such other trip projection methodology adopted by the city for the purpose
of traffic impact analysis reports.
16.59.030 Fee imposed.
The fee is hereby imposed as a condition of the issuance of any permit for any new
development, unless expressly exempted by this chapter.
16.59.040 Exemptions.
The provisions of this chapter shall not apply to:
(a) City buildings or structures.
(b) Public school buildings or structures.
(c) Affordable l=le1::1sing units, either for sale or rental, that exceed the minimum number
required for projects under the city's below market rate (BMR) housing program or
other provisions of this code, which units are, by recordable means, is 13ern::ianentl'(
obligated to be and remain 1QQ% affordable units for a period consistent with the
requirements of Section 16.65.07S(c) of this code.
{et Retail serviee, eating ans srinking serviee, 13ersenal serviee, er a1::1ten::ieti'a1e serviee wl=len
tl=le tetal sei1::1are feetage (inel1::1sing new se·;ele13n::ient) is l,SQQ sei1::1are feet er less.
(eQ.) Day care centers used for childcare, nursery school or preschool education.
ff} Belew n::iarket rate l=le1::1sing 1::1nits aee·;e ans 8e·;ens tl=le n::iinin::11::1n::1 n1::1n::18er reei1::1ires fer
13rejeets s1::18jeet ta tl=le eit'('s 8elew market rate (8MR) he1::1sing 13regrarn. The assitienal
1::1nits n::11::1st 8e efferes ans eenstr1::1etes eensistentl'( with the reei1:1iren::ients ef the 8MR
13regran::1.
(gg_) Accessory dwelling units (ADU) establishes 8•; tf:ie eenversien ef an eMisting garage er
ear130rt, 13re·;ises tf:iat the eKisting garage er ear13ert was legall'( e0nstr1::1etes, er reeeives
81::1ilsing 13ern::iits, as ef Jan1::1ar'( 1, 2Ql7, ans is een·;ertes te an AQY witf:i ne eM13ansien ef
tf:ie eMisting 81::1ilsing envel013e.
(~f) Junior accessory dwelling units (JADU).
{+}--A ef:iange in tenane'( that sees net res1::1lt in a ehange in 1::1se ans whief:i sees net involve
either (i) a sen::ielitien ef an eKisting str1::1et1:1re er (ii) an eK13ansien ef sq1::1are feetage ef
1::1sef1::1I area .
(fg) New development which is exempt from the fee by virtue of the Constitutions of the
United States ~r California or by virtue of other applicable state or federal law.
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16.59.045 Application of fee to projects in the approval process at effective date.
The fee shall apply to development projects that are in the approval process at the effective
date of this Section. except as modified herein. A project that has its final planning permit
before the effective date of this Section and was exempt from the fee at the time of that
permit's issuance shall not be subject to the fee.
16.59.050 Timing of payment.
(a) The fee shall be paid as set forth in Chapter 16.64 of this code.
(b) A credit against the fee may be given for dedications of eligible citywide transportation
eai;iaeity enhancements constructed or provided at private expense and for the value of
land dedicated to the city that is necessary or useful to an eligible citywide
transportation eai;iaeity enhancement. Such credit will be granted only if the city council
determines that: (i) the city will experience a substantial cost savings or service quality
improvement as a result of private construction or provision of the eai;iaeity
enhancement or the dedication of land, (ii) the eai;iaeity enhancement can be expected
to immediately and significantly relieve citywide traffic congestion, and (iii) the grant of
the credit, iR lie1:1 ef tRe fee, will not cause the city to delay the implementation of
elements of the city's transportation plan that are of higher priority, in the judgment of
the city council, than the land or eai;iaeity enhancement that will be dedicated. The
credit shall be applied at the time the city accepts the land or eai;iaeity enhancement.
Where the city council has made the determinations required by this subdivision,
payment of a portion of the fee equal to the amount of an expected credit against the
fee may be deferred 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
credit is applied and any remainingthe fees are paid er tRe ereelit iss1:1eel. 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
attorney's fees. The director of planning and community environment may execute the
agreement on behalf of the city in a form acceptable to the city attorney. Any deferral
granted pursuant to this paragraph (b) shall be consistent with the requirements of
Government Code Section 66007. WRere a ereelit is giveR fer tRe i;irevisieR ef a serviee
tRat is aR eligiele eai;iaeity eRRaReeFReRt, tRe eleferral ef tRe fee, aRel tRe a13131ieatieR ef
tRe ereelit, FRa'{ ee aeeereliRg te a seReel1:1le set fertR iR tRe reeereleel agreeFReRt, WRieR
seReel1:1le sRall ee elesigReel te eRs1:1re tRat Re ereelit is a13131ieel iR a Elva Ree ef tRe i;irevisieR
ef seF\1iees fer WRieR tRe ereelit is FRaele.ln no event shall a credit exceed the amount of
the fee. and the city shall have no obligation to make payment to or otherwise
compensate a developer or applicant if the value of the dedication exceeds the fee
amount.
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16.59.060 Calculation of fee.
(a) The fee imposed upon a new development shall be calculated by multiplying (i) the
number of net new PM peak hour vehicle trips projected to be generated by a new
development by (ii) the current fee rate.
(b) The number of net new PM peak hour vehicle trips projected to be generated by a new
development shall be calculated by subtracting the projected PM peak hour vehicle trips
generated by existing development on the parcel(s) to contain the new development
from the projected PM peak hour vehicle trips generated by the new development
(including any existing structures to remain on the parcel after the construction of the
new development). In no event shall a new development be projected to generate less
than zero new PM peak hour vehicle trips as a result of this calculation.
(c) For purposes of subsection (b), the number of PM peak hour vehicle trips projected to
be generated by a new development shall be calculated pursuant to the transportation
impact analysis guidelines. For development projects required to prepare. receive
approval of, implement and monitor a transportation demand management (TOM) plan
consistent with Comprehensive Plan Program Tl.2.2, a target-based trip reduction
approach allowed under the transportation impact analysis guidelines may be used,
provided that the TDM plan is subject to an enforceable agreement approved by the
city.
(d) To the extent existing development on a parcel ~1:1alifiea qualifies as new development
after the effective date of the most recent ordinance amending this section, but was
exempt from the fee by virtue of Section 16.59.040 of this code in effect at the time the
existing development was permitted, the PM peak hour vehicle trips projected to be
generated by that existing development, shall not be subtracted (as otherwise required
by subdivision (b) of this section) from the projected PM peak hour vehicle trips
generated by the new development.
(e) The rate of the fee shall be established from time to time by resolution or ordinance of
the city council in the manner required by Government Code Sections 66004 and 66018.
(f) The rate of the fee shall be subject to ann-ual adjustment for inflation pursuant to
Section 16.64.110.
(g) The department of planning and community environment shall be responsible for the
calculation of the fee at tl:ie tiR-le ef ~laR review er when the fee is due, wl:iiel:iever is
earlier. Applicants shall supply the city with the necessary information to calculate the
fee in a format acceptable to the city.
!bl... The number of net new PM peak hour vehicle trips projected to be generated by a new
development shall be calculated in a manner that accounts for peak hour vehicle trips
expected to be reduced by any Transportation Demand Management (TOM) Plan
approved or required by the city.
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ill_ New retail service developments, as defined in Section 18.04.030(a)(125) of this code,
shall be charged a fee at 50% of the ordinary rate set under subdivision (e) of this
section.
16.59.070 Special fund.
(a) There is hereby established a special fund, entitled the "Citywide Transportation Impact
Mitigation Fund", into which all fee proceeds and any interest thereon shall be
deposited. The fund shall be maintained as required by Government Code Section
66006.
(b) Moneys in the fund shall be expended only on the installation, acquisition, and
construction; maintenanee anEI e~eratien of eligible citywide transportation ea~aeity
enhancements.
16.59.080 Accountability measures.
(a) At least annually and as required by Government Code Section 66006, the city manager,
or his or her designee, shall review the estimated cost of the public improvements to be
funded by the fee, the continued need for those improvements and the reasonable
relationship between such need and the impacts of pending or anticipated new
developments. The city manager, or his or her designeeL shall report his or her findings
to the city council at a noticed public hearing and recommend any adjustment to the fee
or other action as may be needed.
(b) The city council shall review such report in the manner required by Government Code
Section 66006(b )(2).
(c) To the extent required by Government Code Section 66001(d), the city council shall
make the findings required by that section.
16.59.090 Enforcement and pPenalties.
(a) Any person violating or failing to comply with any of the requirements of this chapter
shall be subject to an administrative penalty or administrative compliance order as set
forth in Chapters 1.12 and 1.16 of this code.
(b) The city attorney shall be authorized to enforce the provisions of this chapter and all
agreements entered into in accordance with this chapter, by civil action and any other
proceeding or method permitted by law.
(c) Each person is guilty of a separate offense for each and every day during any portion of
which any violation of any prov1s1on of this chapter is committed, continued or
permitted by such person.
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(d) All remedies provided for in this section shall be cumulative and not exclusive and shall
not preclude the city from any other remedy or relief to which it otherwise would be
entitled under law or equity.
(e) Failure of any official to fulfill the requirements of this chapter shall not excuse any
person from the requirements of this chapter.
fat-All reFRedies pravided far iR tl=lis el:lapter sl:lall ee e1:1FR1:1lative aRd Rat exel1:1sive.
{&}-VialatiaR af aRy 13ravisiaR af tl=lis el:la13ter, iRel1:1diRg, 81:1t Rat liFRited ta, eaRvertiRg aR
exeFR13t 1:1se ta a 1:1se ta 'Nl:liel:I tl:lis el:la13ter a1313lies witl:la1:1t payiRg tl=le fee, is a
FRisdeFReaRar 131:1Risl=laele as pravided iR tl=lis eade.
f4-~ael=I persaR is g1:1ilty af a separate affeRse far eael:I aRd every day d1:1riRg aRy partiaR af
wl:liel:I aR'f vialatiaR af aR't' pravisiaR af tl=lis el:lapter is eaFRFRitted, eaRtiR1:1ed er
perFRitted ey s1:1el:I persoR.
~ ARy persaR vialatiRg aRy prav1s10R af tl=lis el=lapter, iRel1:1diRg, 81:1t Rat liFRited ta,
eaRvertiRg aR exeFRpt 1:1se ta a 1:1se ta wl=liel=I tl=lis el=lapter applies, witl=lo1:1t 13ayiRg tl=le fee,
sl:lall ee liaele eivilly ta tl:le eity iR a s1:1FR Rot ta exeeed five l:l1:1Rdred dallars for eael=I day
iR wl:liel:I Sl:IER vialatioR aee1:1rs.
fet-PersaRs eFRplayed iR tl:le follawiRg desigRated eFRplayee pasitiaRs are a1:1tl=lorized ta
exereise tl:le a1:1tl:lority pravided iR tl:le California PeRal Cade ~eetioR 8~e.S aRd are
a1:1tl:larized ta iss1:1e eitatiaR for vialatiaRs af tl:lis el:lapter: develapFReRt serviees direetar,
direetor af plaRRiRg aRd E0FRFRl:IRity eRviraRFReRt aRd tl:leir desigRee.
SECTION 3. Collection of the fee established in Chapter 16.45 (Transportation Impact Fee for
New Nonresidential Development in the Stanford Research Park/El Camino Real CS Zone) of
Title 16 (Building Regulations) of the Palo Alto Municipal Code is hereby suspended. It is the
Council's intent to take further action to repeal the provisions of Chapter 16.45 upon
expenditure of the collected funds.
SECTION 4. Collection of the fee established in Chapter 16.46 (Approval of Projects with
Impacts on Traffic in the San Antonio/West Bayshore Area) of Title 16 (Building Regulations) of
the Palo Alto Municipal Code is hereby suspended. It is the Council's intent to take further
action to repeal the provisions of Chapter 16.46 upon expenditure of the collected funds.
SECTION 5. The City Council hereby amends the Municipal Fee Schedule by amending the
Citywide Transportation Impact Fee and deleting the Stanford Research Park/El Camino Real CS
Zone and San Antonio/West Bayshore Area traffic impact fees, as shown in Exhibit "A",
attached hereto and incorporated herein by reference. When effective, the fees as amended
by this Ordinance shall supersede any prior inconsistent fees charged by the Department of
Planning and Community Environment. The amount of the new or increased fees and charges is
no more than necessary to cover the reasonable costs of the governmental activity, and the
manner in which those costs are allocated to a payer bears a fair and reasonable relationship to
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the payer's burden on, or benefits received from, the governmental activity. Pursuant to
Government Code Section 66017, these changes shall become effective sixty (60) days from the
date of adoption.
SECTION 6. The Council finds that the potential environmental impacts related to this
Ordinance were analyzed in the Final EIR for the Comprehensive Plan Update, which was
certified and adopted by the Council by Resolution No. 9720 on November 13, 2017. The
Ordinance is consistent with and implements the program evaluated in the EIR.
SECTION 7. Severability. If any section, subsection, sentence, clause, phrase or word of this
Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City
Council hereby declares that it would have passed and adopted this Ordinance, and each and all
provisions hereof, irrespective of the fact that one or more provisions may be declared invalid.
SECTION 8. This Ordinance shall be effective on the sixtieth (Goth) day after the date of its
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
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Mayor
APPROVED:
City Manager
Director of Planning and Community
Environment
Chief Transportation Official
Not Yet Adopted
EXHIBIT A
Municipal Fee Schedule
Planning and Community Environment
Traffic Impact Fees
StaAfora Researe"1 Park/El CaFAiAo Real CS ZoAe
SaA AAtoAio/West 8ays"1ore area
Citywide Transportation Impact Fee
2019042302 TIF Ordinance -Second Reading 11
$12 .42 13er Aet sq . ft .
$2.56 13er sq. ft.
$3,575 .007,886 .00 per net new
PM peak hour trip