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Ordinance 2854ORDINANCE 2854 AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING ARTICLE 27 -3 (CITYWIDE DEVELOPMENT FEES) TO CHAPTER XXVII (DEVELOPMENT FEES) ESTABLISHING A CITYWIDE DEVELOPMENT FEE BE IT ORDAINED by the City Council of the City of Alameda that: Section 1. Article 27 -3 is hereby added to the Alameda Municipal Code to read as ARTICLE 27 -3 CITYWIDE DEVELOPMENT FEES Section 27 -3.1. Authority. W .a 11 a unless otherwise specifically defined herein. r Section 27 -3.2. Application. This Chapter applies to Citywide Development Fees charged as a condition of development to defray the cost of certain public facilities, services, improvements and amenities. The cost of developing and administering the City's Citywide Development Fee program may be included as a component of the established fees. The fees charged under this Article do not replace or repeal any other fee or charge levied pursuant to any section of the Alameda Municipal Code, nor do the fees charged under this Article replace any subdivision map exactions; other site specific mitigation measures or conditions; other regulatory, or processing fees, funding required pursuant to a development agreement or reimbursement agreement or special assessments, unless such charges, exactions or assessments relate to the facilities funded pursuant to this Ordinance. Section 27 -3.3. Intent and Purpose. The intent and purpose of the Citywide Development Fee is to mitigate the impacts of new residential and new or intensified industrial, and commercial development on traffic safety/capital replacement, parks and recreation, public facilities, public safety, and transportation as more specifically described in the Projects listed in Exhibit B to the Nexus Study. The purpose of each component of the Citywide Fee is as follows: ´┐Ży. a. The purpose of the Traffic Safety/Capital Replacement and Traffic component is to fund required improvements related to public safety such as traffic signals, street overlays, handicap ramps at intersections, and other traffic safety improvements and to mitigate the degradation in the levels of service on public roads from new developments. b. The purpose of the Parks and Recreation component is to fund a portion of the capital costs associated with construction of new park and recreation improvements and facilities, renovations to existing park and recreation facilities, and other related improvements such as new lighting and play equipment at existing parks. c. The purpose of the Public Facilities component is to fund a portion of the capital costs associated with the construction of a number of public buildings including a new library, seismic upgrades to new buildings, and other improvements to existing public facilities. d. The purpose of the Public Safety Facilities and Improvements component is to fund a portion of the costs associated with construction of public safety facilities and the purchase of public safety equipment. Section 27 -3.4. Findings. The City Council finds and declares: a. The City provides public services and constructs and maintains public facilities for the benefit of residents, businesses and employees within the City. b. New development potential in the City has been made available by the closure of the Naval Air Station Alameda ( "Alameda Point") and the Fleet Industrial Supply Center ("FISC") , which will be conveyed to the City by the Federal government. Additional development potential exists along the Northern Waterfront area through redevelopment and intensification of existing uses and development of new uses such as housing as well as other infill or urban redevelopment activity throughout the City. c. This anticipated residential and commercial development will generate an increase in the need for City services and the corresponding capital facilities necessary to provide those services. New residential and new or intensified commercial development will thus create an additional burden on the existing capital facilities and services. d. If additional capital facilities and public services are not added as development occurs, the existing facilities and services will not be adequate to serve the community. This could result in adverse impacts, such as inadequate public safety services, inadequate traffic safety and transportation improvements, inadequate parks and recreation facilities, as well as inadequate other important public facilities. e. There is a reasonable relationship between the need and use of Citywide Development Fee projects and new development. The determination of how there is a reasonable relationship between the use of the Citywide Development Fee and the type of development project on which the Fee is imposed is set forth in more detail in the Nexus Study. f. To prevent these undesirable consequences, and to reduce the impacts of new development on capital facilities, equipment, and services, the City's capital facilities must be constructed, and the City's public services must be provided, at a rate which will accommodate the expected growth in the City. g. The Citywide Development Fees established by this Chapter will be imposed upon development projects for the purpose of mitigating the impact of the development on the ability of the City to provide specified public facilities and services. h. The City has caused to be prepared the Alameda Citywide Development Fee Nexus Study, dated January, 2001, ( "Nexus Study"), by Economic and Planning Systems, Inc. The Nexus Study is on file with the City Clerk. i. The Nexus Study identifies the development potential of the City from the year 2000 until buildout; identifies five categories of capital facilities and equipment required to serve and accommodate new development; and provide both a summary of the portion of each improvement category's costs that can be funded by new development. j. The four categories of capital facilities that will be funded by the Citywide Development Fee established by this Chapter are (1) traffic safety/capital replacement and transportation; (2) parks and recreation facilities; (3) public facilities; and (4) public safety. These capital facilities are needed to promote and protect the public health, safety and general welfare within the City, to facilitate orderly urban development, to maintain existing levels of service, and to promote economic and social well - being. k. The City Council has relied upon the factual information, analysis, and conclusions in the Nexus Study in adopting this Article. Section 27 -3.5. Citywide Development Fee Established. a. A Citywide Development Fee is hereby established on development in the City to pay for traffic safety/capital replacement and transportation improvements and facilities; parks and recreation improvements and facilities; public facilities; and public safety facilities. The Citywide Development Fee will be imposed by land use category of development. The Citywide Development Fee shall be imposed upon all new, or expanded existing, commercial development and on new residential development and also upon Use Permits which intensify the use of existing commercial or residential structures as set forth in the Citywide Development Fee Resolution, except as provided in Section 27 -3.12. b. The improvements summarized by category in Section 27- 3.4(j), are listed specifically in Exhibit B to the Nexus Study ( "Projects "). (1) There is a reasonable relationship between the need for Traffic Safety/Capital Replacement Projects and the type of development project on which the fee will be imposed since new development throughout the City will increase trips on local, citywide, and regional roads, leading to the need for more traffic signals, additional turn lane signals, and other improvements. The resurfacing of streets and pathways ensures that both drivers and pedestrians are safe from accidents resulting from cracks, potholes, and other damage that occurs. New development also adds to the wear of city streets. Further, there is a reasonable relationship between the need for the Traffic Safety/Capital Facilities Projects and the type of development project on which the fee will be imposed since each new development project will add to the incremental need for new safety or replacement projects in order to meet public safety standards. (2) There is a reasonable relationship between the need for Parks and Recreation Facilities and Improvements and the type of development project on which the fee will be imposed since new residents will use parks and recreational facilities throughout the City. Further, there is a reasonable relationship between the need for the Parks and Recreation Projects and the type of development project on which the fee will be imposed since current parks and recreation service levels will fall if additional facilities and equipment are not provided and a greater variety of facilities, as called for in the General Plan, will not be able to be provided. (3) There is a reasonable relationship between the need for Public Facilities and the type of development project on which the fee will be imposed since new residential and commercial development will result in new City residents and employees who will demand and use the services offered by the new public buildings and improvements included in this program. Further, there is a reasonable relationship between the need for the Public Facilities Projects and the type of development project on which the fee will be imposed as further explained in the City's Capital Improvement Program, the Alameda Free Library Feasibility Study, and the City's General Plan. (4) There is a reasonable relationship between the need for Public Safety Facilities and Improvements and the type of development project on which the fee will be imposed since new development throughout the City will increase the need for public safety improvements. Further, there is a reasonable relationship between the need for Public Safety Facilities and Improvements and the type of development project on which the fee will be imposed since current levels of police and fire services cannot be maintained if additional facilities and equipment are not provided to serve new development. The need for these facilities and equipment is further explained in the Land Use Element of the General Plan and the City's Capital Improvement Program. (5) There is a reasonable relationship between the need for Transportation Projects and the type of development project on which the fee will be imposed since new development will increase trips on local, citywide, and regional roads, leading to a potential deterioration of service levels. The City's General Plan establishes a service standard for traffic congestion Xs LOS "13" on all arterial street corridors. New development will lower this level of service unless improvements are made. Further, there is a reasonable relationship between the need for Transportation Projects and the type of development project on which the fee will be imposed since each new development project will add to the need for roadway capacity. c. Except as otherwise provided in subsections 27- 3.5(d), the Citywide Development Fee shall be paid by each developer prior to the issuance of building permit. d. For development which intensifies the use of an existing structure by means of a Use Permit, for which no building permit is otherwise required, the fees shall be payable prior to the issuance of a certificate of occupancy or the commencement of the use. e. The City Council shall adopt a resolution setting forth the specific amount of the fee. The amount of the fee shall not exceed the estimated reasonable cost of providing the facility for which the fee is imposed. f. The City Council shall review the Citywide Development Fee annually following the first deposit into the account or fund established pursuant to Section 27 -3.6, and shall identify the purpose of the Fee, demonstrate a reasonable relationship between the fee and the purpose for which it is charged; identify all sources and amounts of funding anticipated to complete financing incomplete improvements funded by the Fee; designate the approximate dates on which the funding referred to is expected to be deposited into the appropriate account or fund; and adjust the fee schedule if necessary. g. It is the intent of this Article 27 -3, that the Alameda Reuse and Redevelopment Authority shall pay an amount which would be equivalent to the Citywide Development Fee which would otherwise be applicable to new or renewed leases at the former Alameda Naval Air Station if such new leases or lease renewals would have triggered the application of the Citywide Development Fee, even though these new leases or lease renewals may require neither a building permit or a Use Permit at the time the lease agreements are entered into. The terms of such payment shall be established by mutual agreement between the Alameda Reuse and Redevelopment Authority and the City. Section 27 -3.6. Use of Citywide Development Fee. Citywide Development Fee revenues shall be deposited in a segregated account and all interest earned on deposited fee revenues shall be used solely to: a. Pay for the cost of providing the specified Projects listed in Exhibit B to the Nexus Study. The Projects are divided into four categories: Traffic safety capital replacement and transportation; parks and recreation; public facilities; and public safety; b. Reimburse the City for such Projects if funds were advanced by City for such Projects from other sources to pay new development's share of such costs; c. Fund reimbursement under Section 27 -3.10; d. Fund loans or transfers made in conformance with Government Code section 66006(b)(1)tG). e. The use of each component of the Citywide Fee is more specifically set forth in the resolution referenced in Section 27- 3.5(e) establishing the amount of the Fee and making certain findings. Section 27 -3.7. Developer Construction of Facilities: Fee Credit. Whenever a developer constructs a public facility described on Exhibit B to the Nexus Study which is determined by the City to have supplemental size, length or capacity over that needed for the impacts of that development, either voluntarily or as required by a condition of approval of a development permit, and when such construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged pursuant to this Chapter, shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development. The amount of the reimbursement shall be determined by the Public Works Director and shall be appealable pursuant to Section 27 -3.9. Section 27 -3.8. Fee Adjustments. a. A developer of any project subject to the fee described in Section 27 -3.5 may apply to the Public Works Director for a reduction or adjustment to the fee, or a waiver of the fee, based upon the absence of any reasonable relationship or nexus between the impacts of that development and the amount of fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the Public Works Director no later than the time of the issuance of a building permit authorizing construction of the project that is subject to the fee. The application shall state completely and in detail both the applicant's factual basis and legal theory for adjustment or waiver and compare its proposal with the analysis set forth in the Nexus Study. b. No building permit shall be issued prior to the payment of the fee, adjusted or reduced fee, or the grant of a fee waiver. The applicant may elect to pay the full fee under protest at the time of the submittal of the fee adjustment application in order to obtain a building permit in advance of the determination of the fee adjustment application. If the full fee is paid under protest and the application is subsequently granted, then the applicant shall receive a refund in the amount of the difference between the amount of the fee paid and the amount of the fee due after the application of the adjustment, waiver or reduction. c. The Public Works Director shall consider the application and respond in writing setting forth the reasons for the denial of the appeal within 30 days. The decision of the Public Works Director is appealable pursuant to Section 27 -3.9. d. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee. e. The cost of an application for a reduction or adjustment to the fee or a waiver of the fee shall be bome by the applicant in an amount established by Master Fee Resolution of the City Council. Section 27 -3.9. Appeal Procedure. a. A decision of the Public Works Director on an application for fee credit (pursuant to Section 27 -3.7), fee waiver (pursuant to Section 27 -3.9), fee offset calculation (pursuant to Section 27- 3.13), fee exemption (pursuant to Section 27 -3.12) shall be appealable in accordance with this section. A person seeking judicial review of a decision shall first complete an appeal under this section. b. Any person wishing to appeal a decision of the Public Works Director shall file an appeal to the City Council in writing with the City Clerk not later than (10) ten days from the date of the Public Works Director's written decision. The written appeal shall state completely and in detail the factual and legal grounds for the appeal. c. The City Council shall consider the appeal at a regular or special meeting of the City Council within 60 days after the filing of the appeal of the Public Works Director's determination. d. The decision of the City Council shall be final. e. The cost of the appeal shall be borne by the applicant in an amount established by the Master Fee Resolution of the City Council. The cost of an appeal from the decision of the Public Works Director to City Council shall be borne by the applicant in the amount of a fee set forth in the Master Fee resolution of the City Council. Section 27 -3.10. Refund of Fee. a. If the Citywide Development Fee is paid and the building permit is later canceled or voided, or if a Use Permit which triggers the application of the Fee fails to vest within the term of the Use Permit, the Public Works Director shall, upon written request of the developer, order retum of the fee and interest earned on it less administrative costs if (1) the fees paid have not been committed; and (2) work on the private development project has not progressed to a point that would permit commencement of a new, changed or expanded use for which a fee would be payable. b. If the findings required by Government Code section 66001(d) are not made, a refund to the then owner of the property for which the fee was paid shall be made pursuant to Government Code section 66001. Section 27 -3.11 Notice of Protest Rights. This section shall constitute notice, pursuant to Government Code section 66020, that the ninety (90) day period in which the developer may protest the imposition of any fees, dedications, reservations, or other exactions imposed on a development project shall begin on the date that the development project is approved or conditionally approved. Section 27 -3.12. Exemptions. a. The Citywide Development Fee shall not be imposed upon a building permit for remodeling or for an addition to an existing residential structure so long as the remodeling or addition does not add a dwelling unit. b. The Citywide Development Fee shall not be imposed upon a building permit for the demolition of an existing structure and the construction of a new structure on the same site, . provided the demolished structure was in use during the two year period prior to the issuance of a building permit for the new structure, and the size and use of the new structure is substantially similar to the size and use of the demolished structure. c. The Citywide Development Fee shall not be imposed on any alteration of a nonresidential structure, where the square footage is not increased by more than 200 square feet or 10% of the existing structure, whichever is less, cumulatively over a two year period, unless the alteration includes an intensification of use as set forth in the Citywide Development Fee Resolution. Section 27 -3.13. Fee Offsets. The amount of Citywide Development Fee shall be offset or adjusted to account for any previously existing unabandoned use. The offset for existing use shall not exceed the amount computedifor the proposed use. Section 27 -3.14. Fee Escalators. a. The Citywide Development Fee resolution may provide for an annual increase in the amount of the fee to reflect the percentage increase in the cost of construction or public improvements as reported in the Engineering News Record - Construction Price Index for the San Francisco Bay Area. b. The Citywide Development Fee may be adjusted from time to time, based upon amendments or updates to the Nexus Study, to reflect extraordinary changes in the cost of construction of any of the improvements listed in Appendix B of the Nexus Study, changes in the levels of actual or projected development, or the actual or estimated proportionate share of costs as determined byadditional or amended engineering analysis. Section 2. Effective Date. This Ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. The fees imposed pursuant to this ordinance shall not be effective upon any development project which received a preliminary entitlement including but not limited to the approval of a Planned Development, Master Plan, Development Plan, Use Permit, Variance, Preliminary Plan or Design Review, but not including General Plan or Zoning, prior to January 1, 2001, and which preliminary entitlement has not lapsed. Attest: i ty Clerk I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 20th day of February, 2001 by the following vote to wit: AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 21st day of February, 2001. rvaP 6 lei Diane Felsch, City Clerk City of Alameda