§ 27-4.5. Alameda Point Development Impact Fee Established.

a.

A development impact fee is hereby established on development at Alameda Point to pay for flood protection facilities, transportation facilities, water facilities, sanitary sewer facilities, storm drain facilities, dry utilities, parks and open space, and public facilities. The development impact fee shall be imposed upon all new, or expanded existing, commercial development and on new residential development and also upon use permits which intensify the use of existing commercial or residential structures as set forth herein, except as provided in subsection 27-4.10 or a development agreement or other contractual agreement with the City.

b.

The improvements summarized by category in subsection 27-4.4j are listed specifically in Appendix C to the Nexus Study and in the Master Infrastructure Plan.

c.

Except as otherwise provided in subsection 27-4.5d or subsection 27-4.7a, the development impact fee shall be paid or otherwise satisfied by each developer prior to the issuance of building permit.

d.

For development which intensifies the use of an existing non-vacant structure or a structure for which the development impact fee has not been paid, the fees shall be payable prior to issuance of a building permit, or if no building permit is required, prior to the issuance of a certificate of occupancy, the final inspection, or the commencement of the use (pursuant to a use permit or other similar permit), whichever occurs first.

1.

Regardless of whether a building permit is required, a structure, subject to any permit, which has been vacant (as defined in 27-4.5g.3) shall be assessed the development impact fee based on the proposed use at the time of permit issuance. No credit shall apply to such vacant structure.

2.

Notwithstanding Section 27-4.5d.1, a structure for which the development impact fees have been paid shall not be considered vacant for the purposes of the Fee and shall be assessed consistent with the provisions of subsection 27-4.11

e.

The City Council shall adopt a resolution setting forth the specific amount of the fee. The amount of the fee shall not exceed the estimated reasonable cost of providing the facility for which the fee is imposed.

f.

The City Council shall review the development impact fee annually following the first deposit into the accounts established pursuant to subsection 27-4.6, and shall identify the purpose of the fee, demonstrate a reasonable relationship between the fee and the purpose for which it is charged; identify all sources and amounts of funding anticipated to complete financing incomplete improvements funded by the fee; designate the approximate dates on which the funding referred to is expected to be deposited into the appropriate accounts; and adjust the fee schedule if necessary.

g.

Definitions. For the purposes of the development impact fee, the following definitions apply:

1.

Residential/Mixed Use. Any development that consists of a residential unit (or units) only, or residential unit (or units) and commercial development on a single parcel.

2.

Commercial. Any development on a parcel or parcels consisting solely of non-residential uses. This category also includes buildings or portions of buildings designed for hotels, motels, residential care facilities, congregate living health facilities and other commercial developments that provide sleeping, eating, and/or other services to temporary or permanent residents.

3.

Vacant. For the purpose of this section, a non-residential property or a multi-family residential property shall be deemed "vacant" during the five years prior to the issuance of the building permit for a new structure, if the property owners or property tenants failed to maintain an active business license for the property during the entire five-year period. For the purpose of a single family home, the property is "vacant" if Alameda Municipal Power records do not show energy usage consistent with occupancy of the building and/or adjacent single family properties that were occupied during the five-year period.

4.

Improvement Plans. For the purpose of this section, "improvement plans" shall be defined as a building permit to construct improvements on real property which are designed to be occupied for the purpose of residential, commercial, office, retail, or warehouse manufacturing use as defined in this section.

5.

Alameda Point. For the purposes of this section, "Alameda Point" is the area covered by the Alameda Point Zoning Ordinance, adopted on February 4th, 2014, by the Alameda City Council.

6.

Master Infrastructure Plan for Alameda Point, or "MIP". For the purposes of this section, the "Master Infrastructure Plan" or "MIP" is the document of that name approved by the City Council on February 4th, 2014.

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