§ 27-4.4. Findings.

The City Council finds and declares:

a.

The City provides and will provide public services and construct and maintain public improvements for the benefit of residents, businesses and employees at Alameda Point.

b.

New development potential in the City has been made available by the redevelopment of Alameda Point.

c.

The anticipated residential and commercial development at Alameda Point 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. The required new capital facilities and improvements are detailed in the Nexus Study and in the Master Infrastructure Plan for Alameda Point.

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 improvements.

e.

There is a reasonable relationship between the need and use of development impact fee projects and new development. The current infrastructure is inadequate for even current uses, and must be replaced or newly constructed for new development to occur, as detailed in the Alameda Point Master Infrastructure Plan.

1.

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 at Alameda Point will increase trips on local, citywide, and regional roads, leading to potential deterioration of service levels and the need for more traffic signals, additional turn lanes, and other improvements. The City's General Plan establishes a service standard for traffic congestion. New development will lower the level of service unless improvements are made. 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 transportation 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 roadway capacity, 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 at Alameda Point. 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.

3.

There is a reasonable relationship between the need for utility improvements, including water, sewer, and storm drain, since new residential and commercial development will result in new City residents and employees who will demand and use utilities.

4.

There is a reasonable relationship between the need for flood protection facilities and the type of development project on which the fee will be imposed to mitigate the risk of flooding and sea level rise to that development.

5.

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 at Alameda Point will increase the need for public safety improvements and other public facilities, including a new fire station. Further, there is a reasonable relationship between the need for public facilities and improvements and the type of development project on which the fee will be imposed since current levels of public facility services cannot be maintained if additional facilities and equipment are not provided to serve new development at Alameda Point.

The determination of how there is a reasonable relationship between the use of the development impact 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 at Alameda Point.

g.

The development impact fees established by this section 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 improvements and services.

h.

The City has caused to be prepared Willdan Financial's City of Alameda Development Impact Fee Update and Nexus Study, dated June 2014 (Nexus Study). The Nexus Study is on file with the City Clerk.

i.

The Nexus Study identifies the development potential at Alameda Point and identifies the categories of improvements required to serve and accommodate new development.

j.

The categories of facilities that will be funded by the Alameda Point Development Impact Fee include flood protection facilities, transportation facilities, water facilities, sanitary sewer facilities, storm drain facilities, dry utilities, parks and open space, and public facilities. The capital facilities to be funded at Alameda Point 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 section.

(Ord. No. 3098 N.S., 7-15-2014)