On September 14, 2021, the city council adopted amendments to the 2016 Lawrence Station area plan in order to increase the residential development capacity of the Lawrence Station area plan district. As amended, the Lawrence Station area plan authorizes the potential construction of 3,612 residential units in addition to the 2,323 units allowed by the previously adopted plan. It is the intent and purpose of the city council in adopting this chapter to provide in part for the major traffic improvements that will be necessary as a result of the increased residential development within the Lawrence Station area plan district through the adoption of a fee to be charged to residential development in the manner specified by the Lawrence Station area plan transportation impact fee nexus study that was accepted by the city council on September 14, 2021. Based on the Lawrence Station area plan transportation impact fee nexus study, the city council finds that there is an essential nexus and reasonable relationship between the higher intensity residential development and the need for the specified transportation improvements.
(Ord. 3181-21 § 7)
"Dwelling unit"
has the meaning specified in Title 19 of this code.
"Lawrence station area plan district"
means the project area within the limits of the city of Sunnyvale as specified and depicted in the Lawrence Station area plan adopted by the city council on September 14, 2021.
"LSAP"
means the Lawrence Station area plan.
"Phase one residential development"
means the first 2,323 dwelling units within the Lawrence Station area plan district, including dwelling units that existed or were approved prior to September 14, 2021, and those approved after September 14, 2021, up to a total of 2,323 units with the Lawrence Station Area Plan District.
"Phase two residential development"
means all dwelling units approved within the Lawrence Station Area Plan District after there are a total of 2,323 existing and approved dwelling units within the Lawrence Station area plan district.
(Ord. 3181-21 § 7)
This chapter establishes the requirements for the LSAP transportation impact fee for all phase two residential development approved on or after November 27, 2021. The LSAP transportation impact fee is limited to providing funding in the amounts and for those improvements specified in the LSAP transportation impact fee nexus study. Nothing in this chapter shall restrict the ability of the city to require dedication of land, payment of fees or construction of improvements for needs other than, or in addition to, the improvements specified in the LSAP transportation impact fee nexus study.
(Ord. 3181-21 § 7)
(a) 
Commencing November 27, 2021, the LSAP transportation impact fee is hereby imposed on phase two residential development within the LSAP district.
(b) 
The amount of the fee shall be established by resolution of the city council and shall be increased by the "Engineering News-Record (ENR) Construction Cost Index" for San Francisco urban area, published by the McGraw Hill, on July 1 of every year. In addition, the amount of the fee may be periodically adjusted by the city council to reflect the current status and cost of improvements identified in the LSAP transportation impact fee nexus study.
(c) 
The fee shall be calculated at the time of complete building permit application submittal and shall be paid in full to the city before any building permit is issued.
(d) 
The fee shall be deposited in a fund designated solely for the LSAP transportation improvements and shall be reviewed annually in order to make any findings required by state law.
(Ord. 3181-21 § 7)