Oakland Municipal Code Art. III Impact Fee Funds

The City Administrator shall establish a transportation impact fee fund to receive all transportation impact fees collected pursuant to this Chapter.

A. Use of Funds. Funds deposited into the Transportation Impact Fee Fund, and all interest and investment earnings thereon, shall be used to pay for improvements within the public right-of-way for pedestrians, bicyclists and/or motor vehicles. Fee revenues may be used to fund a capital project or portion of a capital project that meets all of the following criteria:

1. The project is a capital project contained within the City's Capital Improvement Program;

2. The project is part of the City's Citywide transportation infrastructure or provides connectivity between neighborhoods and activity centers within the City, or to neighboring communities or regional transportation facilities, and is not primarily for access to one specific neighborhood or development site; and

3. The project improves or expands the City's Citywide transportation infrastructure to address and manage travel demand from new development.

Projects may include not only managing vehicle impacts, but also shifting demand to transit, biking, and walking. Funds may not be used for rehabilitation, maintenance or operating costs.

Funds may also be used to cover reasonable administrative or related expenses of the City not reimbursed through processing fees. Funds may also be used for costs reasonably related to preparation and revision of plans, policies and studies including nexus studies required to make any necessary findings and determinations required by the Mitigation Fee Act.

B. Administration and Reporting Requirements. The Transportation Impact Fee Fund shall be administered by the City Administrator, who shall have the authority to govern the Transportation Impact Fee Fund consistent with this Section and to prescribe regulations for the administration and use of the Transportation Impact Fee Fund.

The City shall comply with the annual reporting requirements under Government Code Section 66006(b) related to beginning and ending account balances, revenues received and capital projects funded.

Following the fifth fiscal year after the first deposit of fee revenue and every five (5) years thereafter, the City shall comply with the reporting requirements under Government Code Section 66001(d). To comply with this Section, the City must demonstrate that there continues to be a reasonable relationship between the fee and the purpose for which it is charged.

(Ord. No. 13366, § 4, 5-3-2016)

The City Administrator shall establish a Capital Improvements Impact Fee Fund to receive all capital improvements impact fees collected pursuant to this Chapter.

A. Use of Funds. Funds deposited into the Capital Improvements Impact Fee Fund, and all interest and investment earnings thereon, shall be used to pay for projects that are required for fire, police, library, parks and recreation, or storm drain services. Fee revenues may be used to fund a public facility or portion of a public facility that meets all of the following criteria:

1. The project is a capital project contained within the City's Capital Improvement Program;

2. If the project supports fire, police, library, or parks and recreation services, the project must improve or expand the City's public facilities to accommodate service demand from new development; funds may not be used for rehabilitation, maintenance or operating costs; and

3. If the project supports storm drain services the project must improve, expand, or rehabilitate the City's storm drain facilities to accommodate service demand from new development.

Funds may also be used to cover reasonable administrative or related expenses of the City not reimbursed through processing fees. Funds may also be used for costs reasonably related to preparation and revision of plans, policies, and studies including nexus studies required to make any necessary findings and determinations required by the Mitigation Fee Act.

B. Administration and Reporting Requirements. The Capital Improvements Impact Fee Fund shall be administered by the City Administrator, who shall have the authority to govern the Capital Improvements Impact Fee Fund consistent with this Section and to prescribe regulations for the administration and use of the Capital Improvements Impact Fee Fund.

The City shall comply with the annual reporting requirements under Government Code Section 66006(b) related to beginning and ending account balances, revenues received and capital projects funded.

Following the fifth fiscal year after the first deposit of fee revenue and every five (5) years thereafter, the City shall comply with the reporting requirements under Government Code Section 66001(d). To comply with this Section, the City must demonstrate that there continues to be a reasonable relationship between the fee and the purpose for which it is charged.

(Ord. No. 13366, § 4, 5-3-2016)