Loading...
HomeMy WebLinkAbout220524_Resolution 18670 Adopting Fee Rates for East Whisman Precise PlanRESOLUTION NO. 18670 SERIES 2022 WHEREAS, onNovember 5,2019,the City Council adopted the East WhismenPrecise Plan ("Precise Plan"), which allows new residential land use and expanded commercial land use, open spaces, and multi -modal connectivity in the East Whisman Area ("East Whisman"); and WHEREAS, the Precise Plan identifies key public improvements needed in East Whisman to serve projected development in the area; and WHEREAS, the Precise Plan includes a Funding Strategy that details how new public improvements in East Whisman could be funded to serve new development in the area; and WHEREAS, the Funding Strategy identified the need for development fees as a key element to fund public improvements needed to serve new development in the Precise Plan area; and WHEREAS, onApril 22\2O22,anexus study prepared bv\NiUdanFinancial Services, entitled "EaStVVhisrnan Precise Plan Development Impact Fee Nexus Study" and dated April 22, 2022, was placed on file and made available for public inspection on the City website and at the location identified in the notice of availability of the nexus study and public hearing mailed on April 22,2O22 to all interested parties requesting notice and all property owners in the Precise Plan area; and WHEREAS, minor text changes were made to the nexus study, providing clarification and further explanation of the methodology used in response to questions and comments received during the public inspection period, which are reflected in the revised "EastVVhismnan Precise Plan Development Impact Fee Nexus Study,"dated May I0,2O22("NexusStud»");and WHEREAS, the Nexus Study describes: (i) an East Whisman Transportation Facilities Impact Fee; (ii) an East VVhisrnon Potable Water Facilities Impact Fee; (iii) an East VVhionoan Sewer Facilities Impact Fee; and (iv) an East Whisman Recycled Water Facilities Impact Fee (collectively herein, the "Fees" and referred to togetheraathe "EastVVhism8n Precise Plan Development Impact Fee"). WHEREAS, the Nexus Study: (i) meets the requirements of Section 66016.5 of the Government Code; (ii) describes development impact fees ("Fees") to be collected within the Precise Plan area for potable water facilities, transportation facilities, sewer facilities, and -1- Resolution No. I867 Page lof8 recycled water facilities that would be necessary to fund public improvements associated with the development of the Precise Plan area; (iii) supports that the Fees do not exceed the amount — permitted by law; (iv) includes data indicating the amount of cost, or the estimated cost, required to provide public facilities and the revenue sources anticipated to fund those public facilities, including General Fund revenues; and («) provides the City Council with a basis for making the findings required by Section 66001(a)of1he Government Code with respect to the adoption of Fees;and WHEREAS, atleast 3Odays prior tothe date this Resolution was heard, notice ofthe filing of the Nexus Study was provided to any persons or organizations who had requested such notice pursuant to Sections 66016.5 or 66019 of the Government Code or other applicable law; and WHEREAS, notice of the hearing on the proposed fees was published twice in a newspaper of general circulation, in the manner set forth in Government Code Section 6062a as required by Government Code, Section G6O1M;and WHEREAS, atapublic hearing held atits May 24,2022Regular Meeting /"Pub|icHeahno"\ the City Council considered the Nexus Study and the proposed Impact Fee; and WHEREAS, following the Public Hearing, the City Council, bvresolution, adopted the Nexus Study; and WHEREAS, following the Public Hearing, the City Council introduced an ordinance adding Chapter 47 to the City Code to govern the Fees; and WHEREAS, the City Council has received and considered the Nexus Study, the [nund| report, and any and all public comments, on3| and written, received prior to or during Public Hearing; and WHEREAS, the City Council desires to adopt rates for the Fees; and WHEREAS, the City Council adopts Master Fee Schedule as part of its annual budget, fixing and establishing fees, nahBS, and charges for goods and services provided by the City of Mountain View; and WHERAS, the City Council desires to add the Fees to the City's Master Fee Schedule; and WHEREAS, the adoption of the rates and the addition of the Fees to the Master Fee Schedule are not subject to the California Environmental Quality Act (CEQA) in that, pursuant to CE(}AGuide|ineS, Section 15378(b)(4), the creation of government funding mechanisms which do not involve any commitment to any specific project which may cause a significant effect On the environment, i5not identified asa"p ject"underCEOA; -2- Resolution No. 18670 Page ]of8 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mountain View that the following fees are hereby adopted as set forth in the schedules attached hereto and incorporated herein as: 1. The City Council finds as follows: a. Nature of Fee The East VVhisman Precise Plan Development Impact Fee includes the East Whisman Transportation Facilities Impact Fee, the East Whisman Potable Water Facilities Impact Fee, the East VVhi3noan Sewer Facilities Impact Fee, and the East VVhisnoan Recycled Water Facilities Impact Fee. The amounts of each of these fees is set forth in Exhibit A to this Resolution. 11,111111111111110 0=0 - The four proposed fees are designed tOrecuverfrunnnevvdeve|oprnentinthe East VVhisrnan Precise Plan Area the coot of providing Transportation Facilities, Potable Water Facilities, Sewer Facilities, and Recycled Water Facilities, respectively, that are necessary to serve such new development. The fees do not allocate to new development any portion of facility cost that remediates existing deficiencies, rather than allowing service to new development. C. Use of Fee The fees will beused, respectively, to fund Transportation Facilities, Potable Water Facilities, Sewer Facilities, and Recycled Water Facilities that are either identified in the East VVhismoan Project -Level Transportation Analysis, East VVhismoan Precise Plan U1i|hY Impact Study, and City of Mountain View Recycled Water Feasibility Study Update, or are identified as providing Transportation, Potable Water, Sewer, or Recycled Water services to the Precise Plan Area. Proceeds of each of the four fees will be separately accounted for, and each fee will be used only for its respective service. d. Reasonable Relationship New residential and nonresidential development will generate trips and will require water and wastewater service. As described in more detail in the Nexus Study, the proposed fees will enable the City to accommodate these trips and to provide water and wastewater services tothe new development. The City will accommodate the water service demands in the EVVPp area with a combination of potable and nonpotab|e facilities. It will accommodate the trip demands in the EVVPP area with a combination of vehicular, bicycle, pedestrian, and multi -modal facilities. Consequently, there isareasonable relationship between the use of the proposed fees and the types of development on which the fees will be imposed. -3- Resolution No. 18670 Page 4 of 8 The facilities that will be funded are each either: /i\ needed to connect new development in the EWPP area to the City's existing infrastructure network; or (ii) needed to expand the capacity of existing infrastructure so that it can accommodate service demands or trips from the new development. Each new development project ischargedoO|yf0rtheshana of the cost of the new facilities that is proportionate to the trips generated, or water or s8xxar service demanded by the project. Costa associated with remediating existing deficiencies in service or providing service to future development outside of the EVVPP area have not been included inthe fees. Trip generation and service demand has been calculated for each type uf development based onthe development's land use characteristics. Consequently, there is reasonable relationship between the need for the identified public facilities and the types of development onwhich the fees are imposed. f. Proportionality The amount of the fee had been calculated on a per trip (transportation) or volumetric (water, uevveH basis. Therefore, each development will pay only for the cost of accommodating the number of trips, or the volume of water or sewer service, that the development is anticipated to generate. Consequently, there is o reasonable relationship between the fee amounts and the cost of the facilities or portion of the facilities attributable to the development onwhich the fee isimposed. g. Automobile Trips Housing developments inthe EVVPParea that have the characteristics set forth in Section 66005.1/o\ of the Government Code will not generate fewer automobile trips than housing developments in the EWPP area that lack one or more of those characteristics. This is because the EVVPP area is compact area, to be extrerne|yvveU'served by transit, bicycle, and pedestrian infrastructure (as well as walkable shopping opportunities), that is being developed with relatively high -occupancy residential buildings that have relatively |uxv on-site parking availability. Therefore, all housing developments in the EWPP area (including those that may not technically satisfy all the criteria set forth in Section 66005.1(a) of the Government Code) are anticipated to generate a relatively |ovv level of automobile trips. The Nexus Study and the improvements to be funded by the impact f225 take into account this shift to alternative transportation methods. h. Housing Developments The fees adopted by this Resolution for housing development projects are nVt directly based on the square footage of each dwelling unit included in the housing development. Instead, fees are scaled based on the anticipated number of residents of each dwelling unit, as - estimated based onthe number ufbedrooms inthe dwelling unit. -4- ResnudonNo. l867 Page 5of8 This measure was chosen because: i Dwelling unit square footage is not an appropriate metric of water or sewer use because: (i) the indoor water and sewer use of dwelling is not proportional to the floor area of the unit but to the number of individuals who use the bathroom, kitchen, and laundry facilities of the unit; (ii) a dwelling unit does not generate trips based on its size but on its occupancy; and (iii) the common area landscaping water use of a development is based on the square footage of landscaping, not the interior square footage of the dwelling unit, and common area open space is required on a per person/per unit basis rather than a per square foot basis ii Afee based on projected occupancy (based on number of bedrooms) bears a reasonable relationship to the burden posed by the development upon the City's water, sewer, and transportation capacity because (for the reasons described, above) trip generation and water and sewer service demand are best estimated based on occupancy. iii. This fee structure supports smaller developments and ensures that smaller developments are not charged disproportionate fees because dwelling units with less bedrooms (8nd,therefore, alower projected Vccupancy)vxi||generatea|pxverfeethmndxve||ing units with more bedrooms. Furthermore, each development will pay only for the number of dwelling units itcontains, meaning that a srna|| building with less dwelling units will pay less than a larger building with more dwelling units ofthe same size. 2. Setting of East Whismam Development Impact Fee Rates. The rates for the East Whisman Transportation Facilities Impact Fee, the East Whisman Potable Water Facilities Impact Fee, the East VVhisnoan Sewer Facilities Impact Fee, and the East VVhisrnon Recycled Water Facilities Impact Fee are established as set forth in Exhibit A to this Resolution, which is incorporated herein by reference. The fees shall be administered pursuant to Article 2 of Chapter 37ofthe City Code. 3. Environmental Review. Prior to the approval nfany transportation, potable water recycled water, or sewer project to be funded with E8stVVhisnoen Development Impact Fees, all necessary environmental review required byCEQAshall becompleted. Adoption nfthese fees in no way limits the City's discretion in completing environmental review of the planned improvements. The planned improvements may be modified to provide for the use of additional Federal State, and local funds; to account for unexpected revenues, whether greater or lesser; to modify, add, or delete a project or program from the plan, consistent with the Mitigation Fee A[±; to maintain Consistency with the City's General Plan; or to L8kS into consideration unforeseen circumstances, including, without limitation, circumstances that may come 1V light as a result mfsubsequent CE(}Aenvironmental review. 0 Resolution No. 18670 Page 6 of 8 4. Effective Date. This resolution shall take effect on the latest of: (i) the sixtieth (60th) day following the adoption of the ordinance adding Chapter 47 to the City Code; and (ii) the sixtieth (60th) day following the adoption of this Resolution. The foregoing Resolution was regularly introduced and adopted at a Regular Meeting of the City Council of the City of Mountain View, duly held on the 24th day of May 2022, by the following vote: AYES: Councilmembers Abe-Koga, Lieber, Matichak, and Mayor Ramirez NOES: Councilmember Showalter RECUSED: Vice Mayor Hicks ABSENT: Councilmember Kamei ATTEST: APPROVED: HEAT ER GLASS CITY LERK RG/4/RESO 926-05-24-22r-1 LUC IREZ MAYOR I do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Mountain View at a Regular Meeting held on the 24th day of May 2022, b the foregoing vote. Q City CI r City 011 f Mountain View Exhibit: A. Fee Schedule for Public Works Department -6- Resolution No. 18670 Page 7 of 8 FEE SCHEDULE O. DEVELOPMENT IMPACT ADOPTEDAS [ State Code § (if any) Title of Fee Amount of Fee Fee Basis Effective Date § 66000 et seq EAST WHISMAN DEVELOPMENT IMPACT FEE 8/13%2022 Office / R & D Transportation $5.35 Per square foot net new gross floor area Potable Water $0.30 Recycled Water $4.18 Sewer $0.92 Retail Transportation $13.06 Per square foot net new gross floor area Potable Water $0.30 Recycled Water $4.18 Sewer $0.62 Hotel Transportation $2,505 Per Room Potable Water $231 Recycled Water $3,213 Sewer $618 Residential Studio Transportation $1,278 Per Dwelling Unit Potable Water $193 Recycled Water $900 Sewer $517 1 -Bedroom Transportation $1,496 Per Dwelling Unit Potable Water $223 Recycled Water $1,028 Sewer $609 2 -Bedroom Transportation $2,281 Per Dwelling Unit Potable Water $344 Recycled Water $1,607 Resolution No. 18670 Page 8 of 8 Sewer $923 3 -Bedroom Transportation $2,762 Per Dwelling Unit Potable Water $416 Recycled Water $1,928 Sewer $1,117 Per Additional Bedroom Transportation $392 Per Dwelling Unit Potable Water $58 Recycled Water $257 Sewer 1 $157-1