HomeMy WebLinkAbout220614_Ordinance 8.22 Adding Chapter 47 to MV City Code Regarding Precise Plan Development Impact Fee and East Whisman Precise PlanAN ORDINANCE OF THE CITY OF MOUNTAIN VIEW
ADDING CHAPTER 47 TO THE MOUNTAIN VIEW CITY CODE
REGARDING PRECISE PLAN DEVELOPMENT IMPACT FEES AND
Section 1. Council Findings.
a. On November 5, 2019, the City Council adopted the East VVhismoan Precise Plan
("Precise Plan"), which allows new residential land use and expanded commercial land use, open
spaces, and multi -modal connectivity inthe EestVVhisrnan Area /"EastVVhisnnen"\.
b. The Precise Plan identifies key public improvements needed inEast Whismanto serve
projected development in the area.
C. The Precise Plan includes 3 Funding Strategy that details how new public
improvements in East Whisman could be funded to serve new development in the area.
d. The Funding Strategy identified the need for development fees as key element to
fund public improvements needed to serve new development in the Precise Plan area.
e. Prior to the approval of this Ordinance, the City Council by Resolution No. 18669
adopted a nexus study prepared bvVVi||dan Financial Services, entitled "EastVVhisnnan Precise
P|anDeve|upmnent|rnpaotFeeNexusStud«"anddatedK4ayl[\2O22("Nexus3tudv"),vvhichvvas
placed on file and made available for public inspection on the City website on April 22, 2022, and
is incorporated herein by reference.
t The Nexus Study describes: (i)anEast WhismanTransportation Facilities Impact Fee;
(ii) an EasLVVhisrnan Potable Water Facilities Impact Fee; (iii) an EastVVhisrnan Sewer Facilities
Impact Fee; and (iv)an EastVhisman RecycledWater Facilities Impact Fee (collectively herein,
the "Fees" and sometimes referred to together as the "East Whisman Precise Plan Development
Impact Fee").
g. The Nexus Study demonstrates that each of the Fees meets the requirements of the
Mitigation Fee Act (Section 66000 et seq. of the California Government Code) and applicable law.
h. The Nexus Study includes data indicating the amount of cost, or the estimated cost
required to provide public facilities and the revenue sources anticipated tofund those public
facilities, including General Fund revenues.
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Ordinance No. 82Z
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i At its May 24, 2022 Regular Meeting, the City [nund| held a public hearing on the
imposition of the fees set forth in the Nexus Study and related matters (the "Public Hearing").
i At least 30 days prior to the date this Ordinance was heard, notice of the filing of the
Nexus Study and of the Public Hearing 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.
k Notice of the Public Hearing was published 1xvue in a newspaper of general
circulation, in the manner set forth in Government [Ode Section 6062a as required by
Government Code Section 66018.
i The City Council has received and considered the Nexus Study, the Council report, and
any and all public comments, oral and written, received prior to or during Public Hearing.
rn. The City Council finds that the findings set forth in Section 8 of the Nexus Study are
true and correct with respect to the fees described in the Nexus Study.
Section 2. Chapter 47ishereby added to the Mountain View City Code to read asfollows:
"CHAPTER 47
IMPACT FEES IN PRECISE PLAN AREAS
ARTICLE 1.
GENERAL PROVISIONS
This Article may bereferred toasthe City of Mountain View Precise Plan Impact Fee
Administration Ordinance.
SEC. 47.2. - Application.
a. The provisionsof this Article Iapply toany fee imposed bvany article of this Chapter
47, unless such article specifically provides that the provisions of this Article 1 do not apply to
said fee.
b. In the event the article imposing a fee contains provisions that directly contradict a
provision of this Article I, such contradictory language in the article imposing the fee shall
govern.
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Ordinance No. 8.22
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The following terms shall have the following meanings:
a. Developer. The owner ofland that is to be developed as part ofa development
b. Development project or project. A construction or reconstruction project that
requires azoning permit orbuilding permit under this code.
C. Dwelling units. Defined as in Chapter 36.
d. Existing land use. Asite's legally existing improvements, uses and characteristics
(such asgross floor area, dwelling units, and hotel nrmotel rooms) atthe time Vfsubmission of
a complete and adequate application for zoning permit (or for a building permit if no zoning
permit is required). A site's legally existing improvements, use and characteristics include legally
existing improvements, uses and characteristics that were demolished not more than one (1)
year prior to the filing of the applicable complete and adequate application and have not yet
been replaced.
e. Fee. Any fee towhich the provisionsoJthis Article 1apply pursuant tuSec. 47.2/a\
of this Article. For purposes of this Chapter, each fee for which a separate fund is established
shall be considered a separate fee; for example, if an article creates a transportation impact fee
for aprecise plan area, and also creates asewer impact fee for that same precise plan area, the
transportation impact fee and the sewer impact fee shall beconsidered separate fees.
f. Gross floor area. Defined as in Chapter 36.
g. Public facilities mrfacilities. Shall have the meaning set forth in Section d\ of
the California Government Code.
h. Public improvement or improvement. Any physical improvement orland needed
for a public purpose, including, for example, streets, intersections, sidewalks, bikeways,
pedestrian and bicycle bridges, transit stops, pu1eb|8 and recycled water pipes, sewer pipes,
storage tanks, pumps and other equipment. The cost of an °innprovenoent. also includes the
architectural, administrative, engineering, legal, planning, environmental and other costs
required in connection with the construction, acquisition or improvement of the improvement.
L Zoning permit. Any of the discretionary permits included in Chapter 36.
SEC. ��-Interaction with other fees, requirements and exactions.
Except as specificallyprovided inthis code, payment nfany fee shall not beinterpreted to
exempt any developer or other person from any requirement otherwise imposed upon that
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person b«orpUryJaOt1Dthis code o[other applicable law. For example, the fees d0not replace
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other subdivision nn8p exactions orother measures required to mitigate site-specific impacts of
- a development project, including, but not limited to, mitigations pursuant to the California
Environmental Quality Act ([ECA); regulatory and processing fees; fees required pursuant to a
development agreement; citywide impact fees; community benefits; funds collected pursuant to
a reimbursement agreement that exceed the developer's share of public improvement costs; or
assessment district proceedings, benefit assessments, or taxes. Similarly, the fees are not
intended to replace or limit requirements to provide mitigation of impacts not mitigated by the
fee and created by specific project; or requirements imposed upon development projects as
part of the development review process; or site -related improvements, including, but not limited
to, required dedications in fee or easement, utility work, or improvements necessary to serve the
site; orcommunity benefits.
a. Except as otherwise provided in this Section, each fee shall be paid prior tothe
issuance of building permit for the development project. The city shall not issue a building
permit for a development project unless the fees have been paid. If no building permit is
required, the fee shall be paid before a conversion of use of an existing building may take place.
b. The fees for a development project shall be calculated at the time of payment based
on the rate then in effect, unless the use of lower rate has vested for the project under
applicable law.
C. If applicable state |avv does not permit the city to require payment of the fees for a
development project ontheschedu|esetforthinsubsectiunaofthisSection,thenthefeesfu/
that development project shall be paid on the earliest possible schedule that the city is
permitted to require such payment under state law. If payment is to be delayed pursuant to this
subsection (c), the city shall not issue a building permit to the developer until: (1) the developer
and the city enter into a contract for delayed payment as authorized by Section 66007(c) of the
California Government Code; (2) such contract is recorded in the manner set forth in that
section; and (3) unless the developer is specifically exempt from such requirement under state
law, the developer posts a performance bond or letter ofcredit from a federally insured,
recognized depository institution toguarantee payment ofthe fees.
SEC. 47.6. - Credit for redevelopment.
Where the development project involves the rep|acernentofan existing land use, the
developer shall be entitled to a credit against each fee. A separate credit shall be calculated for
each fee to which this Section applies. Each credit shall be equal to the fee that would be charged
for the development of the existing land use to be replaced, calculated at the rate in effect at the
time of payment, unless the use of a lower rate has vested for the project under applicable law.
In no event shall: /i\ the amount of the credit reduce a fee for the development project below
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zero dollars; (ii) a credit for one (l) development project be applied against a different
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development project; or (iii) a credit for one /l\ fee (for example, a precise plan transportation
improvements fee) be applied against another fee (for example, a precise plan sewer
improvements fee) charged to the same development project, even if both fees are imposed
pursuant tothe same article ofthis chapter. All development projects thatareapartofaoin8|e
master plan approved by the city council shall be treated as single -development project for
purposes of the previous sentence. For reference, master plan, as used in this Section, is intended
to mean a plan, designated a master plan by the city council, that is subordinate to a precise plan
and is adopted prior to, or concurrent with, the issuance of zoning permits for the purpose of
achieving key precise plan objectives, such as creating new publicly accessible streets, while
allowing projects flexibility and an administrative process focusing on key development
objectives.
SEC. 4�7.-Improvement agreement.
a. The city may, but iSnot required to, enter into animprovement agreement with a
developer pursuant to which the developer will construct, pursuant to city standards and
requirements, one (l) or more public improvements that vvuu|d otherwise be eligible for
funding with the proceeds of fee, and receive a fee credit as described in this Section.
b. The credit amount shall bethe engineering and construction costs that would be
reasonably incurred bvthe city in building the public improvement and shall not exceed the
amount set forth in the improvement agreement.
C. The credit will be available to the developer upon execution of 8 binding
improvement agreement.
d. The credit may b2applied only tnthe fee that would otherwise be eligible to fund
the public improvement. For example, a credit awarded for construction of transportation
facility serving a precise plan area may be applied only against the transportation facilities
impact fee for that precise plan area.
e. The improvement agreement must be approved by the city manager and may
include any additional terms as the city manager finds to be necessary or useful.
Appeals of fee conditions made by the zoning administrator shall be filed in accordance
with Sec. 36.56. The city council shall hold a public hearing to consider any appeals in
accordance with the procedures of Sec. 36.56.
Ifabuilding permit oruse permit expires, iscanceled ori6voided and any fees paid pursuant
to this Chapter have not been expended, no construction has taken place and the use has never
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occupied the site, the public works director may, upon the written request ofthe applicant, order
return of the fee, less administrative costs.
SEC. 47.10. - Regulations.
The public works director may promulgate such interpretive regulations for the application
of this Chapter as the public works director finds necessary or useful.
SEC. 47.11, - Environmental review.
Prior to the approval of any improvement to be funded with fees pursuant to this Chapter,
all necessary environmental review required by the California Environmental Quality Act (CEOA)
shall be completed. Adoption of these fees in no xv8y limits the city's discretion in Connp|Phng
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 city plans, consistent with the Mitigation Fee Act; to maintain consistency with the city's
general plan; or to take into consideration unforeseen circumstances, including, without
limitation, circumstances that may come to light as a result of subsequent CEQA environmental
review.
ARTICLE 2.
EAST WHISMAN PRECISE PLAN DEVELOPMENT IMPACT FEE
SEC. 47.12. - Authority.
This Article is enacted pursuant to the Mitigation Fee Act (Government Code Section
66000 etseq.\ and the charter city authority provided by the Constitution of the State of
a. The purpose Vfthis Article btoimpose fees upon development projects in1heEast
VVhisnoan Precise Plan Area that fully nr partially offset the costs of public transportation,
potable water, sewer and recycled water facilities within orserving the East VVhisrnan Precise
Plan Area that are needed tnserve demand created bythat development project. Theannount
offees will not include the costs attributable todemand generated byexisting development or
the costs attributable to existing deficiencies in public facilities.
b. The fees imposed by this Article do not replace the need for all site-specific
improvements that may be needed to mitigate the impact of specific projects upon the city's
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Ordinance No. 82Z
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C. The types 0fimprovements for which the fees imposed bvthis article can beused are
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identified inthe East VVhiannanPrecise Plan Development Impact Fee Nexus Study and the city /s
Capital Improvement Program, as each has been adopted and may be amended from time to
time. The improvements funded by the fees imposed by this Article are not duplicative of the
improvements funded from other citywide impact mitigation fees charged upon new
development. For example, while property may be subject to both the transportation impact fee
imposed by this Article and a citywide transportation impact fee, the transportation impact fee
imposed by this Article will fund improvements of a more local nature that are generally designed
tofacilitate trips that begin or end within the EastVVhisrnan Precise Plan Area and connect with
the citywide system of improvements that is funded by the citywide impact fee.
In addition to the definitions set forth in Sec. 47.3 of this Chapter, the following terms shall
have the following meanings in this Article:
a. EWPparea. The territory of the City of Mountain View that is subject to the East
VVhisrnan Precise Plan.
b. EWPP Nexus Study. The nexus study approved by the city council for the fees
imposed by this Article, including such amendments to such study that may be subsequently
adopted.
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Except as otherwise provided in this Article, the following fees are hereby imposed upon
the developer of each development project in the EWPP area as a condition of development:
East WhismanTransportation Facilities Impact Fee
East VVhiSnnanPotable Water Facilities Impact Fee
East VVhiSnnanSewer Facilities Impact Fee
East Whisman Recycled Water Facilities Impact Fee
n. The rate Vfeach fee shall be set by the city council by ordinance or resolution. At
the time it sets a rate' the city council shall make each of the findings required by Section
6600l/a\Vfthe California Government Code.
b. The rate may be adjusted as part of the city's annual budget process by the
percentage change in the San Francisco Engineering News -Record Construction Cost Index
(ENR -CCI) for the previous year or successor or subsequently identified index.
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Ordinance No. 8.2Z
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a. The following accounts or funds shall be established:
East \NhismanTransportation Facilities Impact Fee Fund
East VVhisrnonPotable Water Facilities Impact Fee Fund
East VVhisrnanSewer Facilities Impact Fee Fund
East Whisman Recycled Water Facilities Impact Fee
b. When the city receives payment of a fee pursuant to this Article, that payment shall
be deposited in the appropriate account or fund established pursuant to this Section in a
manner that avoids any unrnnninQ|inQ of the fees with other revenues and funds of the city,
except for temporary investments.
C. Any interest income earned by moneys in an account or fund established pursuant
to this Section shall also be deposited in that account or fund.
d. Moneys in the East VVhbrnanTransportation Facilities Impact Fee Fund shall be
expended by the city only for local transportation facilities serving the EWPP area, as described
inthe EVVPPNexus Study.
e. Moneys inthe EastVVhisrnan Potable Water Facilities Impact Fee Fund shall be
expended by the city only for potable water facilities serving the EWPP area, as described in the
EVVPPNexus Study. `
f. Moneys inthe East VVhisnnanSewer Facilities Impact Fee Fund shall beexpended by
the city only for sewer facilities serving the EWPP area, as described in the EWPP Nexus Study.
9. Moneys inthe East VVhisrnan Recycled Water Facilities Impact Fee shall beexpended
by the city only for recycled water facilities serving the EWPP area, as described in the E\NPP
Nexus Study.
h. In addition to the uses set forth in this Section, moneys in the funds created by this
Section may be used to fund costs associated with the administration of this Article, including
any activity required to establish or set the rates of any fee established by this Article.
SEC. 47.18.'Administration.
The provisions of Article 1 of this Chapter 47 shall apply to any fee imposed by this Article,
except to the extent such provision is inconsistent with a provision of this Article.
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The following are exempt from any fee imposed by this Article:
a. Government and nonprofit facilities. Public park facilities and buildings which one
owned and at least seventy-five (75) percent occupied by governmental or nonprofit agencies
and organizations.
b. Affordable housing. Because affordable housing isan important community need,
the affordable housing units included innew development projects ShaUnotbeindudedinthe
total number Of dwelling units used to calculate the fee. This exemption shall not include
affordable housing units in otherwise market -rate developments, provided pursuant to density
bonus law (under state law and as set forth in Chapter 36, Article IV, Division 11 of the city code).
C. Neighborhood Commercial. Neighborhood Commercial Uses, asdefined inthe East
VVhisnman Precise Plan, and which may include retail, restaurants, recreation, personal sen/ices
and similar n2ighborhond-servinQ commercial uses. This exemption shall only apply to
properties with recorded agreements to identify use of the space for qualified businesses or uses,
pursuant tothe Precise Plan.
d. Accessory dwelling units, asdefined inChapter 36.
e. Temporary uses, asdefined inChapter 36.
f. Parking structures.
g. Residential additions where nunew dwelling units are created.
h. Interior remodels and tenant improvements where no new dwelling units, hotel or
motel rooms, or non-residential gross square footage are created and where no change of use is
occurring.
L Repair orreplacement ofa structure, where no new dwelling units hotel or rnute|
rooms, or non-residential gross square footage are created and where no change of use is
occurring."
Section 3. Effective Date. The provisions ofthis Ordinance shall beeffective thirty (3O)
days following the adoption ofthis Ordinance. However, nofee imposed bvthis Ordinance shall
be effective prior to the later of: (i) sixty (60) days from the date of its adoption; or (ii) the
effective date of the first resolution or ordinance setting the rates of any of the fees established
herein.
Section 4. Previously Approved Development Projects. Nofee imposed bvthis Ordinance
shall apply to a development project that has received zoning permit approval prior to the
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introduction of this Ordinance and that zoning permit remains in effect at the time that the fee
would be due and payable under this this Ordinance, except for projects that have agreed to
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pay the fee as a term of an executed Development Agreement (DA), which shall pay the fee in
accordance with the terms ufthe DA.
Section 5. Severability. If any section, subsection, sentence, clause, orphrase ofthis
Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity
of the other remaining portions of this Ordinance. The City Council hereby declares that it
would have passed this Ordinance and each section, subsection, sentence, clause, orphrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses,
urphrases bedeclared unconstitutional.
Section 6. Publication. Pursuant tuSection 522nfthe Mountain View City Charter, itis
ordered that copies of the foregoing proposed ordinance be posted at least two (2) days prior to
its adoption in three /3\ prominent places inthe City and that single publication be made to the
official newspaper of the City of a notice setting forth the title of this Ordinance, the date of
its introduction, and e list ofthe places where copies ufthe proposed ordinance are posted.
Section 7. [EUA. This Ordinance isnot subject tnthe California Environmental Quality
Act ("CE{}A") in that, pursuant to Section I5378(b)(4j of the [E[y\ Guidelines, the creation of
government funding mechanisms which do not involve any commitment to any specific project
which may cause @ significant effect onthe environment isnot identified a3a"project" under
CEQA.
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The foregoing ordinance was regularly introduced at the Regular Meeting of the City
Council of the City of Mountain View, duly held on the 24th day of May 2022, and thereafter
adopted at the Regular Meeting of said Council, duly held on the 14th day of June 2022, by the
following roll call vote:
AYES: Councilmembers Abe-Koga, Lieber, Matichak, Showalter, and Mayor
Ramirez
NOES: None
RECUSED: Vice Mayor Hicks
am W
ATTEST: APPROVED:
Q'6wp
H
EA HER
CITY
H� E R G LikS`E
�y
CITY LERK
Date of Attestation:
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e.
LUCAS RAMIREZ
MAYOR
I do hereby certify that the foregoing ordinance was passed
and adopted by the City Council of the City Of Mountain
View at a Regular Meeting held on the 14th day of June
2022, by the foregoing vote, and was published in the Doily
Post by reference on the 10th day of June 2022, and posted
in three prominent places in said City.
City CI rl<
City of Mountain "View