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Resolution 13314CITY OF ALAMEDA RESOLUTION NO. 13 314 ESTABLISHING A CITYWIDE DEVELOPMENT IMPACT FEE SCHEDULE FOR THE CONSTRUCTION OF CAPITAL FACILITIES WITHIN THE CITY OF ALAMEDA WHEREAS, the City of Alameda adopted Article 27 -3 of the Alameda Municipal Code creating and establishing the authority for imposing and charging a Citywide Development Impact Fee applicable to new residential development and new or intensified commercial and industrial development within the City to mitigate the impacts on availability and condition of public facilities caused by this development, subject to adoption of an implementing resolution and fee schedule; and WHEREAS, the City completed an Alameda Citywide Development Fee Nexus Study ( "Nexus Study ") prepared by Economic & Planning Systems Inc., dated January 2000, which is on file with the City Clerk. The Nexus Study includes the list of public facilities improvements and identifies the need for, and calculates the amount of the development impact fees to pay for the necessary public facilities improvements, which are needed to serve and mitigate the impacts of new development; and WHEREAS, it is the intent and purpose of the Citywide Development Fee to mitigate w the impacts of new residential and new or intensified industrial and commercial development on ccz traffic safety /capital replacement, parks and recreation, public facilities, public safety, and 0 transportation as more specifically described in the Projects listed in Exhibit B to the Nexus Study; Iā€” and Q WHEREAS, the City Council makes the following findings: 1) The fees imposed are reasonable and proportionate to the impacts caused by new development as set forth the Nexus Study and other evidence on the record before City Council. 2) There is a reasonable relationship between the need and use of Citywide Development Fee projects and new development as follows: (a) There is a reasonable relationship between the need for traffic safety /capital replacement and transportation 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 replacement 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. (b) 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. (c) 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/industrial 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. (d) 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. (e) 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 at LOS "D" 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; and WHEREAS, the establishment of this Citywide Development Fee is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15273(a)(4) of the CEQA Guidelines; and WHEREAS, the City has held noticed public workshops on November 29, 2000 and January 11,2001 and a regular hearing was held by the Council, at which the Nexus Study and other staff material as well as oral and/or written comments provided by the public were considered. that: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda 1) The Nexus Study and its appendices are hereby adopted. 2) Citywide Development Fees are hereby adopted and shall be charged and paid at issuance of building permit or, if no building permit is required, prior to the issuance of a Certificate of Occupancy or commencement of use. 3) The fees charged pursuant to the Citywide Development Fee ordinance shall vary depending upon the geographic location of the development. The administration of the fee shall be subject to geographic zones described in the Nexus Study and set forth in Exhibit A attached hereto. 4) Development projects for which any portion of the property is within 100 feet of the boundary of one or more adjacent geographic zone shall be charged an average of the fee between the zone the project is located and the adjacent zone within 100 feet of the development project as set forth in Exhibit A attached hereto. 5) The City shall charge a 3% surcharge to all fees due and payable to cover the cost of administration. 6) The amount of the Citywide Development Fees are based upon the technical and financial analysis conducted as part of the Nexus Study which includes a 3% surcharge to cover administration costs. The following fee schedule, which includes a 3% surcharge, shall apply: CITY DISTRICT Land Use Category West End Northern Waterfront Central/ East End Bay Farm Infill CDF Fees per Residential Unit SF Low $3,239 $3,018 $3,014 2,052 S F Med $2,832 $2,655 $2,652 $1,882 Duplex $2,734 $2,536 $2,532 $1,666 Work/Live $2,399 $2,233 $2,230 $1,509 MF $2,517 $2,320 $2,316 $1,450 CDF Fees per s.f. of Non - Residential Building Space General Industrial $2.77 $2.36 $2.36 $0.59 Retail $4.20 $3.58 $3.57 $0.88 Commercial/Office $4.03 $3.45 $3.44 $0.93 Warehouse $1.60 $1.37 $1.36 $0.35 Other Uses 1. Non - transportation Fee $0.65 psf $0.65 psf $0.65 psf $0.65 psf 2. Transportation Fee ā€” Cost per vehicle trip generated $1,151 $942 $938 $29 Definitions: USE Residential Uses: SF Low S F Med Duplex Work/Live DEFINITION and EXAMPLES Are detached units of 1,800 s.f. or greater. Are detached units less than 1, 800 s.f. Are two attached dwelling units. Any work /live unit as per the Alameda Municipal Code. Also, generally medium density with occupied spaces averaging 1,500 s.f.. MF This category applies to Alameda Housing Authority replacement units and house boat units meeting the general density classification. CDF Fees per s.f. of Bldg. space: General Industrial Industrial use including heavy and light industrial uses, in which the principal purpose is manufacturing, assembling, altering, finishing, dismantling, or processing of any goods or parts into finished products; and where a large area for handling and storage is required. Examples include but are not limited to, manufacturing plants; builders supplies; industrial machinery sales and service; marine- related industries; printing plants; materials testing labs; assembly and production of goods or equipment, or craft workshop. General industrial uses correspond to the F -1, F -2, H-4, H -6, H -7, S -3 and S -5 Building Code Occupancy Classifications. Retail Commercial /Office Warehouse Other Uses: Commercial business operated for the sale of good or services to the general public. Examples of retail uses include but are not limited to, convenience markets, shopping centers hardware stores , supermarkets, gas stations, bars, restaurants, and taverns. Retail uses typically correspond to Building Code Occupancy Classifications of M or "B -2, eating and Drinking." Structure used for the purpose of conducting administrative, clerical, technical, governmental , or professional activities which does not include dealing with members of the public on a direct, regular and unscheduled basis except as an ancillary activity. Examples of commercial /office uses include but are not limited to law firms, doctor's, dentists' or chiropractor's offices (outside of hospitals), and accounting firms. Commercial /office uses typically correspond to all `B" Building Code Occupancy Classifications, with the exception of "B Eating and Drinking." Businesses primarily involved in the storage and /or wholesale of bulk goods to other businesses. Examples of warehouse uses include wholesale truck warehousing, self - storage facilities, archive facilities, and unstaffed utility structures. Warehouse uses typically correspond to Building Code Occupancy Classifications of S -1 or S -2 The CDF fee for other non - residential uses will be determined by adding the product of the non - transportation ( $0.55) fee multiplied by the building square footage plus the CDF District cost per vehicle peak hour trip multiplied by the number of peak hour vehicle trips to be generated by the proposed use. This category applies to all uses which do not appropriately belong in one of the other stated categories. 7) The dollar amounts shown on the fee schedule shall be adjusted annually (on July 1 of each year) by a percentage equal to the percentage increase, if any, in the Engineering News Record (ENR) Construction Price Index for the San Francisco Bay Area. 8) The revenues collected pursuant to the Citywide Development Fee shall be deposited in the appropriate segregated Citywide Development Fee Account and shall earn interest. 9) The revenues collected from the implementation Citywide Development Fee shall be used only for the construction of the improvements included in Exhibit B to the Nexus Study, as it may be amended from time to time. 10) The determination of the type of use of a structure or property shall be made by the Planning Director. 11) Fees shall be collected at the time of the issuance of a building permit, unless no building permit is required for a development in which case the fee shall be collected at the issuance of a Use Permit or prior to commencement of use. 12) For developments which consist solely or partially of changing the approved use of an existing structure, the applicable fee shall be calculated by subtracting the amount equal to the existing square footage multiplied by the applicable fee amount for the existing use (as determined by the fee schedule above), from the amount equal to the proposed square footage multiplied by the applicable fee amount for the proposed new use (as determined by the fee schedule above). If the resulting number is negative, no fee shall be charged. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 6th day of February , 2001, by the following vote to wit: AYES: Councilmembers Daysog, DeWitt, Johnson and Kerr - 4. NOES: None. ABSENT: Mayor Appezzato - 1. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 7th day of February , 2001. Di "ne Felsch, City Clerk City of Alameda