DRAFT 6/19/23________
T-CDD-160115/67407 1
Agenda:
Item No.:
RESOLUTION NO. _______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SUNNYVALE AMENDING RESOLUTION NO. _____, THE
CITY'S FEES, RATES AND CHARGES RESOLUTION, TO
A D D S E C T I O N 4 . 0 2 ( p ) , F E E S F O R T H E M O F F E T T P A R K
SPECIFIC PLAN (MPSP) AREA
WHEREAS, the City Council adopted Resolution No. __________, the Master Fee Schedule, on June 20, 2023; and
WHEREAS, on July 11, 2023, the City Council adopted the Moffett Park Specific Plan (MPSP) and rezoned properties within the area covered by the MPSP (Ordinance No. ____); and
WHEREAS, pursuant to Government Code Section 65456, the City is authorized to establish fees to defray the cost of preparation, adoption, and administration of a specific plan which is prorated in accordance with the applicant’s relative benefit derived from the specific plan; and
WHEREAS, the City has established the prorated cost of preparation, adoption, and administration of the MPSP based on building valuation and has established the Specific Plan Fee as outlined in Exhibit A to this Resolution; and
WHEREAS, pursuant to Government Code Sections 66000 et seq. (the Mitigation Fee Act), the City is empowered to impose fees and other exactions to provide necessary funding and public facilities required to mitigate the effects of new development projects; and WHEREAS, the City prepared a nexus study to analyze whether there is a reasonable relationship between the proposed increased development of the MPSP area and the need for improvements to mitigate or offset, to the extent feasible, the impacts of increased traffic congestion caused by future growth authorized by the MPSP; and WHEREAS, that study, prepared by Hexagon Transportation Consultants, dated May 2, 2023, titled “Moffett Park Specific Plan Update Transportation Impact Fee Nexus Study”, demonstrates that such a nexus exists with respect to the identified traffic improvements, and that use of a Transportation Impact Fee for the purpose of those improvements is justified; and WHEREAS, the City prepared a nexus study to analyze whether there is a reasonable relationship between the proposed increased development of the MPSP area and the need for improvements to mitigate or offset, to the extent feasible, the impacts of future growth authorized by the MPSP on waterlines and sanitary sewers; and WHEREAS, that study, prepared by BKF Engineers, dated April 2023, titled “Moffett Park Specific Plan Infrastructure Fee Study”, demonstrates that such a nexus exists with respect Attachment 6
T-CDD-160115/67407 2
Agenda:
Item No.:
to the identified waterline and sanitary sewer improvements, and that use of a Utility Infrastructure Fee for the purpose of those improve
ments is justified; and
WHEREAS, without the authority to impose appropriate fees for projects in the MPSP area, those excess costs would be borne by the City’s General Fund, which would constrain the City’s ability to fund other programs and services that protect the health, safety, and welfare of
the community; and
WHEREAS, pursuant to Government Code Sections 66016, 66015.5, 66017 and 66018, the City has
: (1) made available to the public, at least 30 days prior to the public hearing, the nexus study data identifying the existing level of service for each public facility, the proposed new level of service, and an explanation of why the new level of service is appropriate; (2) made available to the public, at least 10 days before
the hearing, to the public the data indicating the
amount of cost, or the estimated cost, required to p
rovide the public facilities and the revenue
sources anticipated to fund those public facilities, including general fund revenues; (3) mailed
notice at least 30 days prior to this meeting to all interested parties that have requested noticed o f new or increased development fees; and (4) held a duly noticed, regularly scheduled public hearing at which oral and written testimony was received regarding the proposed fees; and WHEREAS, the City desires to implement the fees applicable to development in the
MPSP area as set forth in this Resolution.
NOW, THER
EFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY O F SUNNYVALE AS FOLLOWS:
1. Section 4.02(o), “Moffett Park Specific Plan (MPSP)” of the Master Fee Schedule is hereby added and adopted as set forth in Exhibit A, attached hereto and incorporated herein, effective September 22, 2023.
2. The fees for the preparation of the MPSP shown in Exhibit A are a reasonable estimate of the costs of providing the services for which the fee will be charged.
3. The City Council finds that there is an essential nexus between the higher intensity development of the MPSP area authorized by the MPSP and the need for transportation improvements and improvements to waterlines and sanitary sewers that will serve the new residents in the MPSP.
4. The Moffett Park Specific Plan Update Transportation Impact Fee Nexus Study and the Moffett Park Specific Plan Infrastructure Fee Study establish a reasonable relationship between the need for the identified improvements and the higher intensity development authorized by the MPSP.
5. The establishment of fees herein is exempt from the requirements of the California Environmental Quality Act pursuant to Public Resources Code 15378(b)(4) because it is related to the creation of government funding mechanisms or other fiscal activities which do not involve any commitment to any specific project.
Attachment 6
T-CDD-160115/67407 3
Agenda:
Item No.:
6. All other provisions of Resolution No. _____-23 shall remain in effect.
Adopted by the City Council at a regular meeting held on _____________, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
RECUSAL:
ATTEST: APPROVED:
____________________________________ __________________________________
DAVID CARNAHAN
City Clerk
LARRY KLEIN
Mayor
(SEAL)
APPROVED AS TO FORM:
_____________________________________
JOHN A. NAGEL
City Attorney
Attachment 6
Last Updated 6/12/2023
EXHIBIT A
City of Sunnyvale
Fee Schedule
SecƟon 4.02 Planning Permit Fees
Replace exisƟng 4.02 (e) MoīĞƩ Park SpeciĮc Plan (MPSP) Fiscal Year
2023/24 New Fee Oracle
Fund
Oracle
Program
Natural
Account* Natural Account Title
MPSP MPP $481.00 $1,544.00 6181 10412 432019 Other General Fees
MPSP MPP
Design Review
- Staī Level
$475.00
$1,544.00 6181 10413 432019 Other General Fees
MPSP Minor
SDP
$2,176.00
$2,720.00 6181 10411 430719 Minor Permit ApplicaƟon
Fees – MoīĞƩ Park
MPSP Minor
SDP Plan
Review
$1,179.00
$2,355.00 6181 10411 430719 Minor Permit ApplicaƟon
Fees – MoīĞƩ Park
MPSP Major
SDP
$5,950.00
$6,623.00 6181 10410 430716 Major Permit ApplicaƟon
Fees – MoīĞƩ Park
MPSP Major
SDP Plan
Review
$2,355.00
$6,695.00 6181 10410 430716 Major Permit ApplicaƟon
Fees – MoīĞƩ Park
MPSP
Site Master
Plan*
$4,067.00
per lot acre
6181 10412 432019 Other General Fees
MPSP
Development
Agreement
Deposit
$7,700.00 $15,400.00 6181 00000 211022 Misc. Passthroughs MPSP
Development
Agreement
Actual Cost
Deposit +
Actual Cost
Including All
Salary,
BeneĮts and
Materials
6181 10409 432012 LegislaƟve AcƟon Fees
MPSP
TransportaƟon
Impact Fee
MPSP TransportaƟon Impact
Fee
ResidenƟal* $1,859.00
per 1,000
net new sq.
Ō.
3111 00001 TBD FIN will create new NA
Oĸce $7,119.57
per 1,000
net new sq.
Ō
3111 00001 TBD FIN will create new NA
Attachment 6
Last Updated 6/12/2023
R+D $3,876.22
per 1,000
net new sq.
Ō
3111 00001 TBD FIN will create new NA
Hotel $2,333.64
per 1,000
net new sq.
Ō. of guest
rooms
3111 00001 TBD FIN will create new NA
Retail/
Commercial
Fee Waived 3111 00001 TBD FIN will create new NA
MPSP Plan
Fee
0.17%
ConstrucƟon
ValuaƟon
1001 00001 TBD FIN will create new NA
MPSP UƟlity Infrastructure Costs – Water MPSP Infrastructure Fee -- Water
ResidenƟal* $1.49 sq. Ō 6045 14308 432375 Water Infrastructure Fees Oĸce/R+D $1.21 sq. Ō 6045 14308 432375 Water Infrastructure Fees MPSP UƟlity Infrastructure Costs– Sewer MPSP Wastewater Infrastructure Fees
ResidenƟal* $1.48 sq. Ō 6085 14605 432402 Water Infrastructure Fees Oĸce/R+D $1.21 sq. Ō 6085 14605 432405 Water Infrastructure Fees * ResidenƟal fee based on habitable square feet
Attachment 6