HomeMy WebLinkAbout0618.093(~
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Oecember 9". 1993
HONORABLE CITY COUNCIL
Palo Alto, California
535 Bryant street (Byxbee House) --Requ2st by Applicant
'l'o Wai,,~e city Planning Entitlement Fees and for City to
Assume Cost of utility Ektensions
Members of the Council:
Report in Brief
31
This staff report addresses a request from Mr. Sal Gicvannotto~
applicant for development of 535 Bryant street I for "Waiver of
City fees associated with his applications for city assumption of
the costs normally paid by a developer for extension of electric,
sanitary sewer and water utilities. It is recommended that the
City Council not waive the Planning entitlement fees. It is also
recommended that the City council not waive the utility
connection fees or system extension fees.
The Regue.st
On November 6, 1993, the applicant submitted a letter requesting
waiver of ~ees he had paid, or would he required to pay, as part
of his applications for development of 535 Bryant stceet and
6ubse~~ent developm£nt of the property. Specific fees to be
waived included those for a demolition permit ($150), full cast
recovery planning application fees (currently estimoted at
$12~500) and new water. gas and sanitary sewer utility connection
fees (estima~ed at $J,170).
o~ Decemb~r 3, Mr~ Giovannotto submitted a revised request fer
vaiver of the demolition permit fee and planning entitlement
fees. The utility connection fee waiver was withdrawn and
replaced 'With a request for the City to aSSU1r.e the entire costs
of modifying gas, sanitary sewer and water services. These costs
are estimated at approximately $30,000, including the original
connection fees.
CMR:618:93
On April 5, 1992, the council assigned to staff the development
of a proposed policy regarding facilitation of public/private
partnerships and an ordinance waiving fees for certain projects.
A Dece~ber 9, 1993 staff report, titled -Adoption of City
Policies Regarding Public/Private Partnersnips and Fee Waivers·
(CMR:59S~9J, agenda item 9 on the December 13 Council agenda),
responds to that assiqnment.
The recoMmended fee ~aiver policy is based on the Children's
Theater expansion project. Waiver of fees ".IIould be limited to
construction or. other capital projects ;,,;hich, upon com.pletion!
result in a new or improved public facility, building or park
that would be solely c~ned or controlled by the City. For a
project that ~ould result in a portion of the construction effort
becoming a City facility, the ~aiver of fees could apply or.ly to
the portion of the .fees applicable to the future City facility.
All fee waiver requests would have to be approved by the City
Council.
As noted in CMR:589:93. staff has a ~ajor concern that a more
flexible approach p~oviding fee waivers for projects providinq a
public service, facility or benefit would lead to many fee waiver
requests from both nonprofit and for-profit or9anizations~
During the course of a year, staff receiv~~ numerous fee waiver
inquiries from organizations providing public services such as
recreation facilities, medi~al care, child care, social and
religious services, private education and below-marKet-rate
housing. If the waiver of fees extends beyond city owned or
controlled facilities, it \;.'i11 be very difficult to establish a
rational an~ consistent fee waiver policy; and the impact on City
revenues, at time3, may be significant.
Staff recommends that the requested waiver of planning
entitlement fees for the 535 Bryant project be denied by the city
Council.
The e~isting gas, water and sanitary sewer services to the eyxbee
House ~ust be relocated due to the lot split proposed on the
Tentative Pa·rcel Map for 535 Bryant. The existing services are
inadequate in size to serve the Byxbee House and the proposed
four unit developme:nt~ New services viII need to be extended from
Bryant street utility Mains to a 6ervice point adjacent to the
alley leading to the develop~ent and the Byxbee House. utility
work to provide these new services is charged to the customer in
accordance with utilities Rules and Regulations approved by the
COI.lncil. The estimated cost is $7,170 .. This estimate is for
constructing ser ..... ice laterals to the Bryant street right of way
CHR:618:93 12{9/93
Page 2
boundaryp not &y.tending new mains up the alley to the pr~posed
development and the Byxbee House. There is no acccrnmoaation in
the utility R~le6 to waiver connection fees.
Mra Giovannotto has now requested the City to assume all costs
for providing utility service to the proposed development. To
provide utility service requires extending th2 water and sanitary
se~er mains from Bryant Street up the alley to the pr~posed
development. This is a new request end staff has not made a
detailed estimate. However, extending the mains up the alley
would probably add $15,OOO-$23~OOO to the City's cost to provide
service. The qas service to the original building at 535 Bryant
has been installed. The existing gas service line may be
oextended to pro,\ride gas service to the four unit developme.nt and
the Byxbee house~ 'I-he utilities Rulss and Regulations and Service
Connection Fees do not authorize system extensions of this nature
at no cost to a developer.
sUmmary of Re.c~~endations
In summary, staff recommends that the City Council not approve
the waiver o~ City Planning and Utility fees and that the
developer be requir~d to pay for the. utility system extensions
and modifications necessary to serve the proposed development.
Respectfully submitted,
~f4ck~
KENNETH R. SCHREIBER ~
Director ot Planning and
community Environment
~~
Attachments:
f. (tlJ£._. /
EDWk /:::r2~ ( ,
Director of Uti~~ties
12/6/93 letter from Jim Baer and John Baer in behalf of
Sal Giovannotto
CMR,61a,93 12/9/93
Page 3
December '. 1993
Ken Schreiber
Direct<>r of Planning
City Of Palo Alto
250 Hamilton Avenue
5th Floor
Palo Alto, CA 94301
Re: Bixby House fees and Utility Hood lI;1
Dear Kpn,
The purpose of Hils letta-.is ::0 reques~~ on be:..lW.f of Sal Giovannotto, in
conjunction with preservation of the Bixby House that the City of Palo .-\lto eiL"er
or Wal ve or reimburse the following fees:
Demolition Fee
Planning EntitJetne:1!
$50
$12,5(,Xl
In a.ddition, t.u. Giovannotto requests that the Gty of Palo Alto install sewer,
waterl and g~ utility lines at its cost through the adjacent alley to a poin~ on the
new residential parcel. Relocation of the utility lines is necessary only because of
preservation of the Bixby House and creation of the new residential units.
Mr. Giovannotto will cooperate with the City and Utilities Department in any
ways necessary to accomplish the mutual goals of the City and Mr. Giovannotto.
Sincerely yours.,
'y , !
,.. {Baer It91
420 Fl<,natn' StI'\.'Jt1'!, r .. iu Alt ••• Cdifumi;l 9430] 4 r :;.3 l5 .? 7 S 7 F.,,_ ~ 1 ~ ~) ~ 5·4] fJ >I
RECEIVED
.DEC ~ :I 199.3
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