§ 15.74.020. Findings.

A.

New development generally increases the demand for transportation and capital improvements infrastructure and affects the quality of the community's infrastructure.

B.

The City of Oakland conducted a nexus study that recognizes that development within Oakland will result in further growth, and that such growth will place additional burdens on transportation and capital improvements infrastructure in the City. The nexus study further recognizes the locations and types of development that will generate those impacts, necessitating the construction of facilities and improvements, and/or the expansion of services and infrastructure needed to meet and accommodate development.

C.

The nexus study established factors that reasonably estimate the level of impacts on transportation and capital improvements infrastructure from new development based on the type of development project, and thus determined that there is a reasonable relationship between the type of development project paying the fees and the need for transportation and capital improvements infrastructure.

D.

The nexus study established eligible uses of revenues from the transportation and capital improvements fees as further detailed in Subsections 15.74.100(A) and 15.74.110(A) of this Chapter, based on the types of impacts from development projects, and thus determined that there is a reasonable relationship between the type of development project paying the fees and the use of fee revenues.

E.

The nexus study applied factors that reasonably estimate the level of impacts on transportation and capital improvements infrastructure per unit of development and that vary by the type of development project, to calculate the fee on a development project, and thus determined that there is a reasonable relationship between the amount of the fee and the cost of the transportation and capital improvements infrastructure attributable to the development project on which the fee is imposed.

F.

Through the payment of the fee, developers of benefitting land uses will address at least a portion of the impact of their developments on transportation and capital improvements infrastructure and mitigate all of their cumulative transportation impacts as required by the California Environmental Quality Act.

G.

The Transportation and Capital Improvements Impact Fees as well as the Transportation and Capital Improvements Funds created by this ordinance serve the public interest and are necessary to protect the health, safety, and/or welfare of the citizens of Oakland, and are enacted pursuant to Article XI, Section 7, of the California Constitution, Government Code Sections 66000—66025 (Mitigation Fee Act; AB 1600), Section 106 of the Charter of the City of Oakland and the City's General Plan, specific plans and other land use plans.

(Ord. No. 13366, § 4, 5-3-2016)