Chapter 10.70 — SOUTHEAST OAKLAND AREA TRAFFIC IMPACT FEE

This Chapter 70 of Title 10 of the Oakland Municipal Code maybe referred to as the "Southeast Oakland Area Traffic Impact Fee" as is adopted pursuant to the authority of Article XI, Section 7 of the California Constitution, Government Code sections 66000 et seq. (hereinafter "Mitigation Fee Act"), and in accordance with findings set forth in the ordinance codified herein (and all amendments thereto).

(Ord. 12786 § 1 (part), 2007)

Pursuant to this chapter, the city has established fees that will constitute a funding mechanism for traffic improvements required to mitigate cumulative traffic impacts in the Southeast Oakland area, as documented in the Leona Quarry Environmental Impact Report. Development of a TIF and TIP is required as part of the Conditions of Approval (see Condition #26) for the Leona Quarry project (Resolution No. 78358), and is also addressed in the Leona Quarry Settlement Agreement executed in December 2003 (Action No. RG-03077607).

(Ord. 12786 § 1 (part), 2007)

The Traffic Impact Program (TIP) area is located in Southeast Oakland. The area generally extends along both sides of the 1-580 freeway corridor between the Seminary Avenue and the 98th Avenue interchanges. A more detailed map of the geographic area included in the Southeast Oakland TIF and TIP Fee Study is included as Appendix B, and made a part of the resolution establishing the TIP.

(Ord. 12786 § 1 (part), 2007)

Fees imposed by the city pursuant to this chapter shall be used solely for the purpose of constructing or providing specific traffic and transportation related projects and/or facilities, as described in the implementing resolution(s). The fees shall be collected by the city and deposited in a separate and distinct "fee fund" in a manner to avoid commingling of the fees with other revenues or funds of the city. Such fees are subject to accounting requirements of the Mitigation Fee Act. Any interest income earned on the fund shall also be deposited therein and shall only be expended for the purpose for which the fee was originally collected.

(Ord. 12786 § 1 (part), 2007)

As used in this chapter, all words, phrases, and terms shall be interpreted in accordance with the definitions set forth in the Mitigation Fee Act, unless otherwise defined herein.

"Affordable housing" means a housing unit that is provided at an affordable rent or sold at an affordable sales price to persons and families of low or moderate income.

"Affordable sales price" means a sales price that would permit persons and families of low or moderate income to purchase the housing unit at an affordable housing cost. "Affordable housing cost" shall be as defined in California Health and Safety Code Section 50052.5. "Housing cost" shall include those items set forth in 25 California Code of Regulations Section 6920. "Affordable rent" shall be as defined in California Health and Safety Code Section 50053. "Persons and families of low or moderate income" shall be as defined in California Health and Safety Code Section 50093.

"Applicant" means any person, developer, or other legal entity, which applies to the city for approval of a development project.

"Change of use" means any proposed use that results in an increase in the number of peak hour trips generated by the replacement land use.

"Development project" means any project undertaken for the purpose of development, as defined in the Mitigation Fee Act, and shall specifically include any building permit, or any other permit or city approval required for a change of use. Development project shall specifically include any change of use or remodel.

"Director" means the Development Director who oversees the planning, zoning, and building services functions of the City of Oakland or any person designated by the City Administrator to perform the functions of the "Director" specified in this chapter.

"Fee" means, for the purpose of this chapter, a traffic impact fee imposed by the city in accordance with this chapter.

"Fee fund" means each of the separate and distinct funds into which fees for each public facility category are deposited.

"Future growth" means the total amount of potential new development in the city permitted under the general plan. Future growth can be expressed in terms of either gross square footage for commercial,

office, and industrial development, and in terms of the number of dwelling units for residential development.

"Implementing resolution" means a resolution of the City Council of the City of Oakland, including any technical report incorporated by reference.

"Inflation index" means a recognized standard index (such as the Consumer Price Index or Engineering News Record Construction Cost Index), as determined by the Director to be a reasonable method of calculating the impact of inflation upon cost estimates set forth in implementing resolutions.

"Mitigation Fee Act" means California Government Code Section 66000 et seq.

"Peak hour trip" is as defined in Trip Generation, 7th Edition by the Institute of Transportation Engineers (ITE).

"Traffic or transportation facility" means any traffic or transportation related public improvements, public services, or community amenities, as defined by the Mitigation Fee Act, including, but not limited to: traffic signals, street improvements, bicycle amenities and any similar public improvement for which the city has adopted an implementing resolution pursuant to this chapter.

"Remodel" means any proposed improvement or reconstruction of an existing structure (or a previously existing structure) on a parcel which: (a) requires a building permit or other permit or city approval (such as a conditional use permit or a zoning administrator permit), and (b) results in an increase in the number of peak hour trips generated from the last legal use of the existing structure.

"Vested development rights" means an applicant's right to proceed with development of a development project in substantial compliance with the local ordinances, policies, and standards in effect at the time that the rights vests, as the term is defined in the vesting tentative map statutes (Government Code sections 66498.1 66498.9), development agreement statutes (Government Code sections 65864— 65869.5), and other state laws.

(Ord. 12786 § 1 (part), 2007)