RESOLUTION NO. 22-151
Resolution Of The City Council Of The City Of Emeryville Approving The Annual Development Impact Fee Report For Fiscal Year 2021-2022 WHEREAS, on August 7, 1990, the City Council of the City of Emeryville adopted Ordinance No. 90-08, adding Article 3 of Chapter 2 of Title 3 to the Emeryville Municipal Code, entitled “Traffic Facilities Impact Fee Fund”, which established the authority for imposing and charging a Traffic Facilities Impact Fee to be deposited into the Traffic Facilities Impact Fee Fund; and
WHEREAS, pursuant to that authority, the City Council adopted Resolution No. 90-62 on August 7, 1990, imposing a Traffic Impact Fee on all new development in the City to help fund various traffic facility improvements; and
WHEREAS, on October 6, 1998, the City Council adopted Resolution No. 98-167 updating the Traffic Impact Fee; and
WHEREAS, on July 15, 2014, the City Council adopted Ordinance No. 14-008 adding Article 19 of Chapter 5 of Title 9 to the Emeryville Municipal Code, entitled “Development Impact Fees”, repealing Article 3 of Chapter 2 of Title 3, and establishing the authority for the City to impose fees on development projects for the purpose of mitigating the impacts that the projects may have upon the City’s ability to provide public facilities including, but are not limited to, transportation facilities and park and recreation facilities; and WHEREAS, on July 15, 2014, the City Council adopted Resolution No. 14-105, establishing an updated and renamed Transportation Facility Impact Fee, approving and adopting a “Transportation Impact Fee Update” study (“Transportation Impact Fee Nexus Study”), and imposing an updated Transportation Impact Fee on all new development in the City to be deposited into Fund 250, the Transportation Facility Impact Fee Fund, to help fund a list of transportation improvement projects as more particularly described in Attachment 1a of the attached Annual Development Impact Fee Report for Fiscal Year 2021-2022; and
WHEREAS, on July 15, 2014, the City Council adopted Resolution No. 14-104, establishing a Park and Recreation Facility Impact Fee, approving and adopting a “Park and Recreation Facility Development Impact Fee Study” (“Park Fee Nexus Study”) and imposing a Park and Recreation Facility Impact Fee on all new development in the City to be deposited into Fund 237, the Park and Recreation Impact Fee Fund, to help fund a list of parks and recreation projects as more particularly described in Attachment 1b of the attached Annual Development Impact Fee Report for Fiscal Year 2021-2022; and WHEREAS, on July 15, 2014, the City Council adopted Ordinance No. 14-009 amending Article 4 of Chapter 5 of Title 9 of the Emeryville Municipal Code, entitled “Affordable Housing Set Aside Program”, and retitling it “Affordable Housing Program”, and establishing the authority for the City to impose fees on new rental residential projects and new nonresidential projects to mitigate the projects’ impacts on the need for affordable housing in the City; and
DocuSign Envelope ID: CF922D99-EB30-45E5-8D36-27E55CBD42EF Resolution No. 22-151
Annual Development Impact Fee Report for Fiscal Year 2021-2022 City Council Meeting | November 15, 2022
WHEREAS, on July 15, 2014, the City Council adopted Resolution No. 14-103, establishing an Affordable Housing Impact Fee, approving and adopting a “Residential Nexus Study” and a “Non-Residential Jobs-Housing Nexus Study”, and imposing an Affordable Housing Impact Fee on all new rental residential projects and new nonresidential projects in the City to be deposited into Fund 239, the Affordable Housing Impact Fee Fund, to mitigate the projects’ impacts on the need for affordable housing in the city; and
WHEREAS, on October 20, 2015, the City Council adopted Resolution No. 15-130 increasing the Affordable Housing Impact Fee on rental residential projects to $28,000 per dwelling unit; and
WHEREAS, the adopting resolutions for each of the three development impact fees, described above, provide that, for any annual period during which the City Council does not otherwise amend the impact fees, the fee amounts shall be adjusted once as of July 1st based on the percentage increase in the Engineering News-Record Construction Cost Index for San Francisco, California, and, pursuant to these provisions, on April 20, 2021, the City Council adopted Resolution No. 21-31 increasing the development impact fees by 2.55% for fiscal year 2021-2022; and
WHEREAS, California Government Code Section 66000 et seq. (the “Mitigation Fee Act”) requires each local agency to make public certain information on development impact fees within 180 days of the close of each fiscal year; and WHEREAS, the Mitigation Fee Act also requires each local agency to review the information at a public meeting not less than 15 days after the information is made available to the public; and
WHEREAS, the Annual Development Impact Fee Report for Fiscal Year 2021-2022, attached as Exhibit A, provides the necessary information as required by the Mitigation Fee Act; and
WHEREAS, the information was made available to the public on October 21, 2022 in connection with the agenda for the regular City Council meeting held on Tuesday November 1, 2022, and for public comment at a properly noticed public meeting held on Tuesday, November 15, 2022; now, therefore, be it
RESOLVED, that the City Council of the City of Emeryville, after considering public comment and the Annual Development Impact Fee Report for Fiscal Year 2021-2022, dated November 1, 2022, does hereby approve the Annual Development Impact Fee Report for Fiscal Year 2021-2022, dated November 1, 2022, attached hereto as Exhibit A.
DocuSign Envelope ID: CF922D99-EB30-45E5-8D36-27E55CBD42EF Resolution No. 22-151
Annual Development Impact Fee Report for Fiscal Year 2021-2022 City Council Meeting | November 15, 2022
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, November 15, 2022, by the following vote:
AYES: 5
Mayor Bauters, Vice Mayor Medina and Council Members Donahue, Martinez, and Welch
NOES: 0
ABSTAIN: 0
ABSENT: 0
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK LEGAL COUNSEL
ATTACHMENTS
Exhibit A – Impact Fee Annual Report FY 21-22
DocuSign Envelope ID: CF922D99-EB30-45E5-8D36-27E55CBD42EF City of Emeryville
C A L I F O R N I A
M E M O R A N D U M
DATE: November 1, 2022
TO: Adam Politzer, Interim City Manager
FROM: Charles S. Bryant, Community Development Director SUBJECT: Annual Development Impact Fees Report – Fiscal Year 2021-2022
RECOMMENDATION
Staff recommends that the City Council accept this report as information only. No action is requested of the City Council at this time, as this report is required to be available to the public at least 15 days prior to City Council action. The report will be brought back for City Council consideration of approval at the November 15, 2022 meeting.
BACKGROUND
In 1989, the State Legislature passed the Mitigation Fee Act which added Section 66000 et seq. to the California Government Code (the “Mitigation Fee Act”). Among other things, the Mitigation Fee Act requires each local agency that has adopted fees pursuant to the Mitigation Fee Act to make public a report on collected developer fees within 180 days of the close of each fiscal year.1 The Mitigation Fee Act also requires each local agency to review the report at a public meeting not less than 15 days after the information is made available to the public2. The purpose of this item is to comply with this reporting requirement relative to City of Emeryville development impact fees for Fiscal Year 2021-2022. The City of Emeryville has three such fees: (1) Transportation Facility Impact Fee, (2) Park and Recreation Facility Impact Fee, and (3) Affordable Housing Impact Fee. Each is discussed below.
Transportation Facility Impact Fee
Originally called the Traffic Facilities Impact Fee, this impact fee was established by Ordinance No. 90-08, adopted by the City Council on August 7, 1990. This ordinance added Article 3 of Chapter 2 of Title 3 to the Emeryville Municipal Code, entitled “Traffic Facilities Impact Fee Fund”, which established the authority for imposing and charging a Traffic Facilities Impact Fee to be deposited into the Traffic Facilities Impact Fee Fund.
The fee itself was established by Resolution No. 90-62, also passed on August 7, 1990, and subsequently amended by Resolution No. 96-75 on May 21, 1996, and Resolution No. 98-167 on October 6, 1998. Resolution 98-167 adopted a “Traffic Mitigation Fee Study”, which established the existence of a reasonable relationship between the need for the public facilities and the impacts of the types of development described in the Fee Study for which the Impact Fee was charged. The Fee Study also established that there was a reasonable relationship between the Traffic Impact Fee’s use and the type of development for which the Traffic Impact Fee was charged. 1 Government Code Section 66006(b)(1)
2 Government Code Section 66006(b)(2)
Exhibit A
DocuSign Envelope ID: CF922D99-EB30-45E5-8D36-27E55CBD42EF Annual Development Impact Fees Report FY 2021-22
City Council Meeting | November 1, 2022
On July 15, 2014, the City Council adopted Ordinance No. 14-008 adding Article 19 of Chapter 5 of Title 9 to the Emeryville Municipal Code, entitled “Development Impact Fees”, and repealing Article 3 of Chapter 2 of Title 3. This Article establishes the authority for the City to impose fees on development projects for the purpose of mitigating the impacts that the projects may have upon the City’s ability to provide public facilities.
Such facilities are divided into “public facility categories”, and each category is to have a separate fee to be deposited into a separate and distinct “fee fund”. Such categories may include, but are not limited to, transportation facilities and park and recreation facilities. The ordinance took effect on August 14, 2014, 30 days after its final passage.
Also on July 15, 2014, the City Council adopted Resolution No. 14-105, establishing an updated and renamed Transportation Facility Impact Fee. By this resolution, the City Council approved and adopted a “Transportation Impact Fee Update” study (“Transportation Impact Fee Nexus Study”) prepared by Fehr and Peers. The Transportation Impact Fee Nexus Study included a revised list of transportation improvement projects to be funded by the fee, based on the General Plan, which calls for a multi-modal transportation system, including public transit, pedestrians, bicycles, and automobiles. This nexus study established the existence of a reasonable relationship between the need for the public facilities and the impacts of the types of development described in the study for which the impact fee is charged, and that there is a reasonable relationship between the fee’s use and the type of development for which the fee is charged. This resolution was effective on September 14, 2014, 60 days after its passage. Projects included in the updated Transportation Facility Impact Fee are indicated in Attachment 1a. Revenues from this fee are deposited into Fund 250, the Transportation Facility Impact Fee Fund.
Park and Recreation Facility Impact Fee
As noted above, on July 15, 2014, the City Council adopted Ordinance No. 14-008 adding Article 19 of Chapter 5 of Title 9 to the Emeryville Municipal Code, entitled “Development Impact Fees”. Park and recreation facilities are among the “public facility categories” authorized by this Article. Also on July 15, 2014, the City Council adopted Resolution No. 14-104, establishing a Park and Recreation Facility Impact Fee. By this resolution, the City Council approved and adopted a “Park and Recreation Facility Development Impact Fee Study” (“Park and Recreation Impact Fee Nexus Study”) prepared by Willdan Financial Services, including a list of parks and recreation projects to be funded by the fee, based on the General Plan and Parks and Recreation Strategic Plan. This nexus study established the existence of a reasonable relationship between the need for the public facilities and the impacts of the types of development described in the study for which the impact fee is charged, and that there is a reasonable relationship between the fee’s use and the type of development for which the fee is charged. This resolution was effective on September 14, 2014, 60 days after its passage. Projects included in the Park and Recreation Facility Impact Fee program are shown in Attachment 1b. Revenue from this fee is deposited into Fund 237, the Park and Recreation Impact Fee Fund.
DocuSign Envelope ID: CF922D99-EB30-45E5-8D36-27E55CBD42EF Annual Development Impact Fees Report FY 2021-22
City Council Meeting | November 1, 2022
Affordable Housing Impact Fee
On July 15, 2014, the City Council adopted Ordinance No. 14-009 amending Article 4 of Chapter 5 of Title 9 of the Emeryville Municipal Code, entitled “Affordable Housing Set Aside Program”, and retitling it “Affordable Housing Program”. This Article establishes the authority for the City to impose fees on new rental residential projects and new nonresidential projects to mitigate the projects’ impacts on the need for affordable housing in the city. The ordinance took effect on August 14, 2014, 30 days after its final passage.
Also on July 15, 2014, the City Council adopted Resolution No. 14-103, establishing an Affordable Housing Impact Fee of $20,000 per dwelling unit on rental residential projects and $4.00 per square foot on most nonresidential projects. By this resolution, the City Council approved and adopted a “Residential Nexus Study” and a “NonResidential Jobs-Housing Nexus Study”, both prepared by Keyser Marston Associates.
These nexus studies established the existence of a reasonable relationship between the impact fees and the affordable housing impacts attributable to the developments on which the fees are imposed. This resolution was effective on September 14, 2014, 60 days after its passage. On October 20, 2015, the City Council adopted Resolution No. 15-130 increasing the Affordable Housing Impact Fee on rental residential projects to $28,000 per dwelling unit. This resolution was effective on December 19, 2015, 60 days after its passage. Revenue from this fee is deposited into Fund 239, the Affordable Housing Impact Fee Fund.
DISCUSSION
The three development impact fees are subject to the reporting requirements of the Mitigation Fee Act, as follows:
1. Create separate capital facilities funds or accounts for each improvement funded with impact fees. Remit all interest income earned by the fees to the same fund; interest income must be spent solely on the purpose for which the fee was originally collected. A local agency must not co-mingle fees with any other revenue, except for temporary investment purposes. (California Government Code Section 66006(a))
As noted above, separate funds have been established for each development impact fee as follows: Fund 250, Transportation Facility Impact Fee Fund; Fund 237, Park and Recreation Impact Fee Fund; and Fund 239, Affordable Housing Impact Fee Fund. No funds are co-mingled, and all interest earned by each fund is remitted into its particular account and spent solely on the purpose for which the fee was originally collected. Revenues, expenditures, and fund balances of these three funds are shown in Attachments 2a, 2b, and 2c, respectively. It should be noted that capital improvement projects funded by the development impact fees are also identified in the City’s budget and separate project accounts are established by the Finance Department for each such capital improvement project in order to properly account for its costs and funding sources. A summary DocuSign Envelope ID: CF922D99-EB30-45E5-8D36-27E55CBD42EF Annual Development Impact Fees Report FY 2021-22
City Council Meeting | November 1, 2022
of capital improvement projects funded by the impact fees is included as Attachment 3.
2. Within 180 days after the close of the fiscal year, prepare a public report concerning each impact fee fund. Required contents of the report are as follows (California Government Code Section 66006(b)):
(a) A brief description of the type of fee in the account.
The Transportation Facility Impact Fee Fund (Fund 250) contains fees imposed on development projects for the purpose of mitigating the impacts that the projects have upon the City’s ability to provide transportation facilities. The Park and Recreation Impact Fee Fund (Fund 237) contains fees imposed on development projects for the purpose of mitigating the impacts that the projects have upon the City’s ability to provide parks and recreation facilities. The Affordable Housing Impact Fee Fund (Fund 239) contains fees imposed on new rental residential projects and new nonresidential projects to mitigate the projects’ impacts on the need for affordable housing in the city.
(b) The amount of the fee.
The City Council established the following fees for Fiscal Year 2014-15 in relation to the maximum fee, or cap, that can justifiably be imposed on new development, as established by the various nexus studies described above:
• Transportation Facility Impact Fee: 20% of the cap (cap is $12,541 per trip)
• Park and Recreation Facility Impact Fee: 25% of the cap (cap is $8,048 per capita for residents and $4,024 per capita for workers) • Affordable Housing Impact Fee: $20,000 per dwelling unit (approximately 56% of the cap of $35,600) for rental residential projects and $4.00 per square foot for nonresidential projects (approximately 1.6% to 6.0% of the cap, which ranges from $66.80 to $244.90 per square foot for various uses.) As noted above, on October 20, 2015, the City Council increased the fee on rental residential projects to $28,000 per dwelling unit (approximately 79% of the cap).
The adopting resolutions for each of the three development impact fees, described above, provide that, for any annual period during which the City Council does not otherwise amend the impact fees, the fee amounts shall be adjusted once as of July 1st based on the percentage increase in the Engineering News-Record Construction Cost Index for San Francisco, California. The increase for Fiscal Year 2021-22 was 2.55% and was adopted by City Council Resolution No. 21-31 on April 20, 2021.
DocuSign Envelope ID: CF922D99-EB30-45E5-8D36-27E55CBD42EF Annual Development Impact Fees Report FY 2021-22
City Council Meeting | November 1, 2022
The nexus studies established fees for various use types. For ease of reference, the fees have been consolidated into a single table using the standardized use classifications from the Planning Regulations, as shown in Attachment 4. This table indicates each development impact fee for each use type, based on the nexus studies, the percentage of the caps as noted above, and the annual increase, as well as the total of the three development impact fees for each use type.
(c) The fund’s beginning and ending balance for the fiscal year.
As noted in Attachments 2a, 2b, and 2c, the beginning balance on July 1, 2021 and the ending balance on June 30, 2022 for each of the three development impact fee funds were as follows:
July 1, 2021 June 30, 2022
Transportation Facility (Fund 250) $1,160,658 $1,500,454 Park and Recreation Facility (Fund 237) $970,469 $1,046,014 Affordable Housing (Fund 239) $726,870 $860,716
(d) Amount of fees collected and interest earned and deposited into the fund for the fiscal year.
As noted in Attachments 2a, 2b, and 2c, the fees collected and interest earned for each of the three development impact fee funds for Fiscal Year 2021-22 were as follows:
Fees Interest
Transportation Facility (Fund 250) $337,659 $3,134
Park and Recreation Facility (Fund 237) $73,689 $2,178
Affordable Housing (Fund 239) $132,094 $1,752
(e) A description of each expenditure from the fund for that year, including identification of the improvement being funded and the percentage of the cost of the public improvement that was funded with the fee.
Please refer to Attachments 2a, 2b, and 2c detailing fund activities under the heading of “EXPENDITURES”. A summary of capital improvement projects funded by the development impact fees, as indicated in the City’s budget for Fiscal Year 2021-22 is included as Attachment 3. (f) An identification of the date by which construction of a public improvement will commence if the City determines that sufficient funds have been collected to complete financing on any incomplete project.
A summary of capital improvement projects funded by the development impact fees is included as Attachment 3.
DocuSign Envelope ID: CF922D99-EB30-45E5-8D36-27E55CBD42EF Annual Development Impact Fees Report FY 2021-22
City Council Meeting | November 1, 2022
(g) A description of any interfund transfers or loans.
On May 16, 2017, the City Council approved a loan of $4,500,000 to the 3706 San Pablo Avenue Affordable Housing Project. Of this amount, $1,840,000 was from the Affordable Housing Impact Fee Fund (Fund 239), and the remainder came from the Housing Asset Fund (Fund 298).
The loan will be repaid each year out of a portion of the surplus cash flow earned by the owner for the previous year after the project is completed and a surplus is determined to exist through an audited annual financial statement. The interest rate is 3% per year.
On June 9, 2020, the City Council adopted Resolution No. 20-46, approving mid-cycle amendments to the Fiscal Year 2019-20 budget. This resulted in a transfer of $551,507.72 from the General Capital Improvement Fund (Fund 475) into the Park and Recreation Impact Fee Fund (Fund 237) for the Horton Landing Park Expansion project. (h) Identification of any fees refunded or allocated for some other purpose.
In Fiscal Year 2021-22, $3,284.16 was refunded from the Transportation Facility Impact Fee Fund to an applicant as reimbursement for fees that were overcharged by mistake.
3. The report is required to be reviewed by the City at a regularly scheduled public meeting not less than 15 days after the report is released to the public (California Government Code Section 66006(b)(2)).
This report is being released to the public no later than October 21, 2022 in connection with the agenda for the November 1, 2022 regular meeting of the City Council and is scheduled for approval by the City Council at its regularly scheduled meeting on November 15, 2022.
4. For the fifth fiscal year following the first deposit into a development impact fee fund, and every five years thereafter, if fees remain unexpended, the local agency must make the findings identifying the purpose to which the fee is to be put, demonstrate that there remains a reasonable relationship between the current need for the fees and the purpose for which it is charged, identify all sources and amounts of funding contemplated to complete financing of incomplete improvements, and designate the approximate dates on which the contemplated funding is expected to be deposited into the fund (California Government Code Section 66001(d)).
The first deposits into the updated Transportation Facility Impact Fee Fund and the new Park and Recreation Facility Impact Fee Fund and Affordable Housing Impact Fee Fund occurred in Fiscal Year 2014-2015. Thus, the fifth fiscal year following these first deposits was Fiscal Year 2019-20, so the findings noted DocuSign Envelope ID: CF922D99-EB30-45E5-8D36-27E55CBD42EF Annual Development Impact Fees Report FY 2021-22
City Council Meeting | November 1, 2022
above were made in the report prepared for Fiscal Year 2019-20. They will be required to be made again in the report for Fiscal Year 2024-25, and every five years thereafter.
FISCAL IMPACT
This report is for informational purposes. There is no fiscal impact.
STAFF COMMUNICATION WITH THE PUBLIC
Staff has had no communication with the public regarding this item.
APPROVED AND FORWARDED TO THE
CITY COUNCIL OF THE CITY OF EMERYVILLE:
Adam Politzer, Interim City Manager
ATTACHMENTS
1. Public Facilities Funded by Development Impact Fees:
a. Transportation Facility Impact Fee
b. Park and Recreation Facility Impact Fee
2. Revenues, Expenditures, and Fund Balances of Development Impact Fees:
a. Fund 250, Transportation Facility Impact Fee Fund
b. Fund 237, Park and Recreation Impact Fee Fund
c. Fund 239, Affordable Housing Impact Fee Fund
3. Impact Fee Budgets from Fiscal Year 2021-2022 City Budget:
a. Fund 250, Transportation Facility Impact Fee Fund
b. Fund 237, Park and Recreation Impact Fee Fund
c. Fund 239, Affordable Housing Impact Fee Fund
4. City of Emeryville Development Impact Fees, Fiscal Year 2021-2022 DocuSign Envelope ID: CF922D99-EB30-45E5-8D36-27E55CBD42EF City of Emeryville
Transportation Impact Fee Update
March 2014
23 TABLE 6
ALLOCATION OF PROJECT COSTS TO FEE PROGRAM
Map
# Project Type Total Cost
Percent of Cost to Include in Fee Portion of
Cost to
include in Fee Existing/Other Emeryville
Growth
1. Citywide Transit Improvements Transit $2,347,500 0% 100% $2,347,500
2. Powell Street Multi-Modal Phase 1 Multi-modal $3,350,000 0% 100% $3,350,000
3. Christie Bay Trail Multi-modal (non-motorized) $480,000 0% 100% $480,000
4. ECCL Path Multi-modal (non-motorized) $750,000 0% 100% $750,000
5. South Bayfront Bridge Multi-modal (non-motorized) $14,549,000 0% 100% $14,549,000
6. San Pablo Avenue Mid-block Crossing Pedestrian $344,100 0% 100% $344,100
7. Shorebird Park Connections Multi-modal (non-motorized) $220,000 0% 100% $220,000
8. Spur Alley Bicycle Treatments Multi-modal (non-motorized) $900,300 0% 100% $900,300
9. Railroad Quiet Zone Multi-modal $4,035,000 0% 100% $4,035,000
10. I-80/Powell Off Ramp Improvements Automobile Capacity $450,000 0% 100% $450,000
11. Christie Avenue/ Powell Street Automobile Capacity $4,600,000 85% 15% $690,000
12. Bicycle and Pedestrian Plan
Implementation Multi-modal (non-motorized) $300,000 0% 100% $300,000
13. 40th Street/Horton Street Multi-Modal $59,500 0% 100% $59,500
14. 40th Street/Emery Street Automobile Capacity $87,000 0% 100% $87,000
15. Transit Center Plaza and Platform
Extension Pedestrian $1,042,100 80% 20% $208,420
16. Public Parking and Bus Bays at Transit
Center Transit $8,431,000 50.2% 49.8% $4,200,048
17. Doyle Street Bicycle Boulevard Bicycle $275,000 0% 100% $275,000
18. Hollis Street Sidewalk Pedestrian $603,000 0% 100% $603,000
19. Adeline/San Pablo/ Macarthur/Peralta
"Star” Intersection Multi-modal (non-motorized) $456,000 0% 100% $456,000
20. Ped-Bike Bridge over I-80: 65th St to
Frontage Rd Multi-modal (non-motorized) $18,500,000 0% 100% $18,500,000
21. Horton Street and Overland Avenue
from 40th Street to 62nd Street Bicycle $2,015,000 0% 100% $2,015,000 Attachment 1a
DocuSign Envelope ID: CF922D99-EB30-45E5-8D36-27E55CBD42EF City of Emeryville
Transportation Impact Fee Update
March 2014
24 TABLE 6
ALLOCATION OF PROJECT COSTS TO FEE PROGRAM
Map
# Project Type Total Cost
Percent of Cost to Include in Fee Portion of
Cost to
include in Fee Existing/Other Emeryville
Growth
22. Emeryville Greenway extension from
Powell St south to Stanford Ave at
Horton St
Multi-modal (non-motorized) $1,350,000 0% 100% $1,350,000
23. 40th Street/ Harlan Street Signalization Multi-Modal $290,000 0% 100% $290,000
24. Sherwin Area Improvements Pedestrian $2,843,850 0% 100% $2,843,850
25. Bike Sharing Program Bicycle $600,000 0% 100% $600,000
26. Bicycle Parking Bicycle $200,000 0% 100% $200,000
27. Traffic Signal Enhancements Bicycle $490,000 0% 100% $490,000
28. Emery-go-Round Bus Yard Acquisition Transit $1,000,000 0% 100% $1,000,000 Total Project Costs $70,568,350 $61,593,718
Contingency, Design Environmental Review and Other (40%) $28,227,340 $24,637,487 Preparation of Transportation Fee Study $200,000 $200,000 City Administrative Costs (2%) $1,979,914 $1,728,624
Total Cost $100,975,604 $88,159,829
Source: Fehr & Peers, 2014
DocuSign Envelope ID: CF922D99-EB30-45E5-8D36-27E55CBD42EF City of Emeryville Parks and Recreation Facilities Fee Study 13 Use of Fee Revenue
The City plans to use park facilities fee revenue to purchase parkland or construct improvements to add to the system of park and recreation facilities that serves new development. The City may only use impact fee revenue to provide facilities and intensify usage of existing facilities needed to serve new development.
The City intends to use the fee revenue to purchase and develop the planned and proposed facilities mapped and listed in the Parks and Recreation Strategic Plan (2011). Table 3.9 displays the planned and proposed facilities identified in the Strategic Plan. In order to fully realize all of the planned and proposed facilities in the Strategic Plan, the City will need to fund approximately $70.4 million in costs with non-fee funding sources.
Table 3.9: Planned and Proposed Park Facilities
Project
Proposed
Acres
Planning Level
Cost Estimate
Planned Parks
Horton Landing Park 1.40 $ 372,800
Christie Avenue Park 0.37 344,285
48th Street Community Garden 0.09 20,970
Subtotal 1.86 $ 738,055
Proposed Parks
Site 1: Doyle Hollis Park Expansion 6.75 $ 38,930,888
Site 2: PG&E site West of Hollis between 45th and 53rd 6.24 36,776,183 Site A: I-80 ped-bike bridge touchdown in Ashby Interchange 0.25 1,329,075 Site B: West of Shellmound North of 65th 0.50 3,291,575 Site C: North of 65th, East of RR tracks 1.00 6,054,575 Site D: North of Powell, between Christie and I-80 0.50 3,000,325 Site E: Stanford Ave, Park expansion West to Hollis 0.80 4,315,950 Site F: Stanford Ave, Park expansion North to Powell 0.55 3,241,675 Site G: Powell St. Plaza West of Shellmound, South of Powell 1.00 5,897,300 Site H: Temescal Creek Park and Temescal Creek Greenway 0.08 65,856 Site J: On Park Ave, West of Hollis 0.50 3,204,200
Site K: East Bay Bridge Center, South of 40th, West of San Pablo 3.00 17,590,050 Site L: Triangle neighborhood East of San Pablo, North of 40th 0.50 3,250,800 Emeryville Greenway Expansions 4.71 25,797,972
Temescal Creek Greenway Expansions 1.32 7,135,761
Subtotal 27.70 $ 159,882,185
Total - Planned and Proposed Park Facilities 29.56 $ 160,620,240 Source: Table C-1, City of Emeryville Parks and Recreation Strategic Plan, January 18, 2011.
Fee Schedule
Table 3.10 shows the proposed park facilities fee schedule. The proposed fees are based on the costs per capita shown in Table 3.8.
Attachment 1b
DocuSign Envelope ID: CF922D99-EB30-45E5-8D36-27E55CBD42EF REVENUE: FY92-FY14 FY15 FY16 FY17 FY18 FY19 FY20 FY21 FY22 Total Traffic Impact Fees (Pre-Sep 2014 projects) 5,739,066 279,871 6,018,936 Transportation Impact Fees - Residential (effective Sep 2014) 595 2,672 1,650 11,599 326,700 343,216 Transportation Impact Fees - Non-Residential (effective Sep 2014) 391,303 990,502 554,402 * 42,601 53,905 1,238,706 218,556 337,659 3,827,633 Interest 661,274 3,205 9,982 16,871 26,914 37,648 41,810 13,981 3,134 814,818 Reimbursements (275,197) (275,197)
General Fund Subsidy for Updated Fee Study 236,982 236,982 Interfund Transfer from Parks and Recreation Impact Fee Fund 237 34,213 34,213 Total Revenue 6,362,124 674,973 1,003,156 572,923 81,115 452,467 1,280,515 232,537 340,792 11,000,602 EXPENDITURES:
Pre-September 2014 Projects:
Powell St & I-80 E Off Ramp 34,959 34,959
Shellmound Loop Improvements 1,967,995 1,967,995
Powell/Hollis Intersection Improvements 185,559 185,559 Hollis St Interconnect 73,049 73,049
Shellmound Signal Timing 142,984 142,984
40th Street Signal Design 17,403 17,403
40th & SPA Widening 7,965 7,965
Shellmound Street Striping 8,512 8,512
Horton Street Extension 2,047,791 2,047,791
65th Street Traffic Signal 1,225,898 1,225,898
Powell Streetscape Design 80,668 - - 80,668
Post-September 2014 Projects:
Christie Ave Bay Trail 6,210 309,818 316,028
Horton Street Traffic Calming 13,407 13,407
Traffic Signal Powell/Doyle 2,500 289,500 292,000
South Bayfront Pedestrian-Bicycle Bridge 3,550 1,071,875 1,075,426 Emervyille Greenway - Stanford to Powell 487,129 487,129 SafeTREC Powell Street Corridor Study 80,041 24,508 104,549 Transit Center - Public Parking 176,753 176,753
Powell Street Bridge Widening 10,181 10,181
Emery Go-Round Shuttle Bus Yard 1,000,000
Update Traffic Impact Fee Study 200,237 2,540 50 202,827 Administrative Expenses - - - 301 45 997 1,343
Interfund Transfer to Parks and Recreation Impact Fee Fund 237 27,727 27,727 Total Expenditures 5,993,019 8,750 309,868 16,208 490,724 284,520 299,681 2,096,384 997 9,500,149 Revenues Over/(Under) Expenditures 369,105 666,224 693,288 556,715 (409,609) 167,946 980,835 (1,863,847) 339,795 1,500,454 Beginning Fund Balance, July 1 - 369,105 1,035,329 1,728,617 2,285,333 1,875,724 2,043,670 3,024,505 1,160,658 - Ending Fund Balance, June 30 369,105 1,035,329 1,728,617 2,285,333 1,875,724 2,043,670 3,024,505 1,160,658 1,500,454 1,500,454 City of Emeryville
Transportation Impact Fee Fund 250
Revenues & Expenditures
Through June 30, 2022
Attachment 2a
DocuSign Envelope ID: CF922D99-EB30-45E5-8D36-27E55CBD42EF FY15 FY16 FY17 FY18 FY19 FY20 FY21 FY22 Total
REVENUE:
Park/Rec Impact Fees - Residential 7,382 3,822 61,086 72,290 Park/Rec Impact Fees - Non-Residential 193,914 398,531 705,302 5,097 49,822 393,132 73,689 1,819,488 Interest 293 3,093 8,518 14,793 6,133 4,941 4,497 2,178 44,446 Interfund Transfer from Transportation Impact Fee Fund 250 27,727 27,727 Interfund Transfer from General Capital Improvement Fund 475 551,508 551,508 Total Revenue 194,207 409,005 717,643 80,977 83,682 949,581 4,497 75,867 2,515,458 EXPENDITURES:
Stanford Avenue Park Expansion 3,960 3,960
Horton Landing Park Expansion 13,215 73,764 756,941 7,588 851,507 South Bayfront Bicycle/Pedestrian Bridge 26,428 235,365 19,158 322 281,273 Emervyille Greenway - Stanford to Powell 259,735 38,757 298,491 Interfund Transfer to Transportation Impact Fee Fund 250 34,213 34,213 Total Expenditures 3,960 - 13,215 359,926 1,065,276 7,588 19,158 322 1,469,444 Revenues Over/(Under) Expenditures 190,247 409,005 704,428 (278,950) (981,593) 941,993 (14,661) 75,545 1,046,014 Beginning Fund Balance, July 1 - 190,247 599,252 1,303,679 1,024,730 43,136 985,130 970,469 - Ending Fund Balance, June 30 190,247 599,252 1,303,679 1,024,730 43,136 985,130 970,469 1,046,014 1,046,014 City of Emeryville
Parks and Recreation Impact Fee Fund 237
Revenues & Expenditures
Through June 30, 2022
Attachment 2b
DocuSign Envelope ID: CF922D99-EB30-45E5-8D36-27E55CBD42EF FY15 FY16 FY17 FY18 FY19 FY20 FY21 FY22 Total
REVENUE:
Affordable Housing Impact Fee - Residential 28,000 28,122 56,122 Affordable Housing Impact Fee - Non-Residential 479,168 446,055 1,105,258 52,477 129,632 233,712 10,993 132,094 2,589,390 Interest 447 5,036 12,135 5,761 11,472 14,603 3,996 1,752 55,203 Total Revenue 479,615 451,092 1,145,393 86,360 141,104 248,315 14,989 133,846 2,700,716 EXPENDITURES:
3706 San Pablo Avenue Project (Loan) 1,840,000 1,840,000 Total Expenditures 1,840,000 1,840,000
Revenues Over/(Under) Expenditures 479,615 451,092 (694,607) 86,360 141,104 248,315 14,989 133,846 860,716 Beginning Fund Balance, July 1 - 479,615 930,707 236,100 322,460 463,565 711,880 726,870 - Ending Fund Balance, June 30 479,615 930,707 236,100 322,460 463,565 711,880 726,870 860,716 860,716 City of Emeryville
Affordable Housing Impact Fee Fund 239
Revenues & Expenditures
Through June 30, 2022
Attachment 2c
DocuSign Envelope ID: CF922D99-EB30-45E5-8D36-27E55CBD42EF City of Emeryville
2021-22 Budget
Capital Project Funds
Traffic Impact Fee Fund #250
Purpose of Fund
Capital Projects 2021-22 2022-23 2023-24 2024-25 2025-26 Carryover Budget Projection Projection Projection Projection Beginning Available Fund Balance $ 559,901 1,322,547 $ 104,121 $ 119,121 $ 84,121 $ Annual Activity
Revenues
Investment Earnings 15,000 15,000 15,000 15,000 15,000
Development Fees 347,625 379,220 50,000 50,000 1,184,000 Total Revenues 394,220 362,625 65,000 65,000 1,199,000
Expenditures
Operations
Public Works - ENR Membership - - - - -
Operating Expenses - - - - -
Capital Projects
Street Light Signals 50,000
Street Improvements 165,000
PB-06 ECCL - North-South
Pedestrian Path from 47th St
to 53rd St - 750,000 - - -
PB-08 Transit Stop Improvements $ 100,000 - - - - -
PB-11 Bike Share Stations 240,000 - - - - -
T-04 Quiet Zone at 65th, 66th,
and 67th Street At-Grade
Crossings 500,000 - - - - -
T-08 Powell Street Bridge
Widening 14,820 - - - - -
T-09 Powell Corridor Traffic
Safety Study 5,451
T-11 Traffic Signal Modernization -
Phase 2 - 50,000 100,000 50,000 100,000 100,000
Carryforward $ 860,271 860,271 - - - -
Total Capital 1,125,271 850,000 50,000 100,000 100,000
Total Expense 1,125,271 850,000 50,000 100,000 100,000
Net Annual Activity (455,780) (762,646) 15,000 (35,000) 1,099,000 Ending Available Fund Balance $ 559,901 $ 104,121 $ 119,121 $ 1,183,121 84,121 $ The Transportation Impact Fee Fund accounts for transportation impact fees paid by new development, as required by the City’s Transportation Impact Fee Ordinance.
72 Attachment 3a
DocuSign Envelope ID: CF922D99-EB30-45E5-8D36-27E55CBD42EF City of Emeryville
2021-22 Budget
Capital Project Funds
Park Impact Fee Fund #237
Purpose of Fund
2021-22 2022-23 2023-24 2024-25 2025-26
Budget Projection Projection Projection Projection
Beginning Available Fund Balance $ 1,951,458 $ 2,006,458 $ 2,849,354 $ 2,904,354 $ 2,959,354 Annual Activity
Revenues
Development Fees 55,000 842,896 55,000 55,000 1,145,500 Total Revenues 55,000 842,896 55,000 55,000 1,145,500
Expenditures - - - - -
Total Expense - - - - -
Net Annual Activity 55,000 842,896 55,000 55,000 1,145,500 Ending Available Fund Balance $ 2,006,458 $ 2,849,354 $ 2,904,354 $ 2,959,354 $ 4,104,854 The Park / Rec Impact Fee Fund accounts for parks and recreation impact fees paid by new development, as required by the City’s Park / Rec Impact Fee Ordinance.
63 Attachment 3b
DocuSign Envelope ID: CF922D99-EB30-45E5-8D36-27E55CBD42EF City of Emeryville
2021-22 Budget
Capital Project Funds
Affordable Housing Impact Fee Fund #239
Purpose of Fund
Capital Project 2021-22 2022-23 2023-24 2024-25 2025-26 Carryover Budget Projection Projection Projection Projection Beginning Available Fund Balance $ 266,880 536,880 $ 196,880 $ 226,880 $ 256,880 $ Annual Activity
Revenues
Investment Earnings 5,000 5,000 5,000 5,000 5,000
Development Fees 25,000 25,000 25,000 25,000 1,438,000
Total Revenues 30,000 30,000 30,000 30,000 1,443,000
Expenditures
Capital Projects
H-02 6150, 5890 and 5900
Christie Housing Site $ 300,000 - 100,000 - - -
Carryforward $ 300,000 300,000 - - - -
Total Capital 300,000 100,000 - - -
Net Annual Activity (270,000) (70,000) 30,000 30,000 1,443,000 Ending Available Fund Balance $ 266,880 $ 196,880 $ 226,880 $ 256,880 $ 1,699,880 The Affordable Housing Impact Fee Fund accounts for rental residential developments and nonresidential developments to mitigate the impact of such developments on the need for affordable housing in the City. 42 Attachment 3c
DocuSign Envelope ID: CF922D99-EB30-45E5-8D36-27E55CBD42EF Use Type Affordable
Housing
Park and
Recreation
Facility
Transportation
Facility
Residential Use Types
Single Unit $0 $4,511 $3,025 $7,536 / dwelling unit
Two Unit and Multi-Unit
Rental - Apartment $31,823 $4,344 $1,876 $38,043 / dwelling unit In TH Transit Hub Overlay Zone $31,823 $4,344 $1,815 $37,982 / dwelling unit Owner - Condominium $0 $4,344 $1,571 $5,915 / dwelling unit In TH Transit Hub Overlay Zone $0 $4,344 $1,514 $5,858 / dwelling unit Owner - Townhome $0 $4,511 $1,571 $6,082 / dwelling unit In TH Transit Hub Overlay Zone $0 $4,511 $1,514 $6,025 / dwelling unit Domestic Violence Shelter $0 $1,699 $668 $2,367 / bed
Group Residential $0 $1,699 $668 $2,367 / bed
Mobile Home Park
Rental $31,823 $4,344 $1,876 $38,043 / dwelling unit
Owner $0 $4,511 $1,571 $6,082 / dwelling unit
Residential Care Facility $4.83 $6.56 $2.26 $13.65 / square foot Supportive Housing $0 $1,699 $668 $2,367 / bed
Transitional Housing $0 $1,699 $668 $2,367 / bed
Accessory Dwelling Units (including Junior ADUs) $0 $0 $0 $0 / dwelling unit Commercial and Institutional
Adult Oriented Businesses
Retail $4.83 $2.42 $5.64 $12.89 / square foot
Performance $4.83 $1.84 $116.96 $123.63 / square foot
Animal Care and Sales
Grooming $4.83 $2.19 $4.40 $11.42 / square foot
Kennel/Animal Care $4.83 $3.39 $16.79 $25.01 / square foot Pet Stores $4.83 $2.42 $5.64 $12.89 / square foot
Veterinary Services $4.83 $2.19 $14.27 $21.29 / square foot Arts and Entertainment
Gallery $4.83 $0.36 $0.54 $5.73 / square foot
Indoor Entertainment $4.83 $1.46 $14.86 $21.15 / square foot Outdoor Entertainment TBD TBD TBD TBD
Banks and Financial Institutions $4.83 $2.42 $12.85 $20.10 / square foot Business Services $4.83 $2.42 $22.43 $29.68 / square foot Colleges and Trade Schools $0.00 $2.19 $7.69 $9.88 / square foot Community Assembly $0.00 $0.59 $8.29 $8.88 / square foot Day Care Centers $0.00 $3.39 $16.79 $20.18 / square foot Eating and Drinking Establishments
Bars/Nightclubs/Lounges $4.83 $6.06 $10.30 $21.19 / square foot Restaurants
Quality (ITE Land Use 931) $4.83 $6.06 $6.82 $17.71 / square foot High Turnover (ITE Land Use 932) $4.83 $6.06 $8.93 $19.82 / square foot Fast Food (ITE Land Use 933) $4.83 $6.06 $39.53 $50.42 / square foot Fast Food with Drive-Thru (ITE Land Use 934) $4.83 $6.06 $49.39 $60.28 / square foot Mobile Food Vendors $0.00 $0.00 $0.00 $0.00
Emergency Shelters $0 $1,699 $668 $2,367 / bed
Funeral Homes, Mortuaries and Mausoleums $4.83 $0.59 $1.66 $7.08 / square foot City of Emeryville
Development Impact Fees
Fiscal Year 2021-2022 (valid July 1, 2021 through June 30, 2022)
TOTAL IMPACT FEES
7/1/2021 TBD = To be determined. Contact Community Development Department to determine applicable fees. Page 1 of 3 Attachment 4
DocuSign Envelope ID: CF922D99-EB30-45E5-8D36-27E55CBD42EF Use Type Affordable
Housing
Park and
Recreation
Facility
Transportation
Facility
TOTAL IMPACT FEES
Health Care
Clinics and Medical Offices $4.83 $4.42 $10.80 $20.05 / square foot Hospitals $4.83 $3.52 $2.81 $11.16 / square foot
Medical Laboratories (non research) $4.83 $2.19 $9.52 $16.54 / square foot Instructional Services
Individual/ Small Group Instruction $4.83 $0.71 $2.93 $8.47 / square foot Group Instruction $4.83 $0.71 $2.93 $8.47 / square foot Libraries and Museums
Libraries $4.83 $1.69 $22.08 $28.60 / square foot
Museums $4.83 $0.36 $0.54 $5.73 / square foot
Live/Work Unit $4.83 $1.84 $6.67 / square foot plus
plus $1,966 $1,966 / unit
Lodging
Hotels and Motels $4.83 $1.21 $6.04 / square foot plus
plus $1,270 $1,270 / room
Bed & Breakfast $0.00 $0.00 $0.00 $0.00 / square foot
Major Public Services $4.83 TBD TBD TBD / square foot
Marina $0 $1,213 $574 $1,787 / berth
Motor Vehicle Sales and Services
Cleaning (Self-Service Car Wash - ITE Land Use 947) $4.83 $4.83 / square foot plus plus $304 $8,377 $8,681 / stall
Rentals $4.83 $1.84 $3.03 $9.70 / square foot
Sales and Leasing $4.83 $1.58 $7.92 $14.33 / square foot Repair and Service $4.83 $1.21 $13.49 $19.53 / square foot Service Station $4.83 $4.83 / square foot plus
plus $304 $8,389 $8,693 / pump
Towing and Impounding $4.83 $1.21 $15.14 $21.18 / square foot Offices
General/Government/Walk-In Clientele $4.83 $4.42 $4.51 $13.76 / square foot Corporate Headquarters (ITE Land Use 714) $4.83 $4.42 $4.28 $13.53 / square foot Parking $0.00 $0.00 $0.00 $0.00 / square foot
Personal Services $4.83 $2.42 $4.40 $11.65 / square foot Public Safety Facilities $0.00 $2.42 $3.64 $6.06 / square foot Recreation
Gaming $4.83 $2.42 $40.63 $47.88 / square foot
All Other $4.83 $2.42 $10.68 $17.93 / square foot
Repair Services $4.83 $1.58 $2.93 $9.34 / square foot
Retail
Food and Beverage Sales
Supermarket (ITE Land Use 850) $4.83 $2.42 $12.90 $20.15 / square foot Convenience Market (ITE Land Use 851) $4.83 $2.42 $47.56 $54.81 / square foot All Other $4.83 $2.42 $5.64 $12.89 / square foot
Schools $0.00 $1.21 $3.62 $4.83 / square foot
Social Service Facilities $0.00 $3.89 $4.51 $8.40 / square foot 7/1/2021 TBD = To be determined. Contact Community Development Department to determine applicable fees. Page 2 of 3 DocuSign Envelope ID: CF922D99-EB30-45E5-8D36-27E55CBD42EF Use Type Affordable
Housing
Park and
Recreation
Facility
Transportation
Facility
TOTAL IMPACT FEES
Industrial
Arts-Industrial - All $4.83 $1.58 $2.93 $9.34 / square foot Commercial Kitchens $4.83 $1.58 $2.93 $9.34 / square foot Construction and Maintenance $4.83 $0.85 $0.96 $6.64 / square foot Crematories $4.83 $2.66 $2.22 $9.71 / square foot
Food Production and Assembly - All $4.83 $1.58 $2.93 $9.34 / square foot Hazardous Waste Facilities - All $4.83 $2.66 $2.22 $9.71 / square foot Laundry and Dry Cleaning Services $4.83 $1.58 $2.93 $9.34 / square foot Manufacturing
Pharmaceutical $4.83 $1.21 $2.93 $8.97 / square foot
Custom $4.83 $1.21 $1.97 $8.01 / square foot
Light $4.83 $1.21 $2.93 $8.97 / square foot
General $4.83 $1.21 $2.22 $8.26 / square foot
Heavy $4.83 $1.21 $2.22 $8.26 / square foot
Cannabis Manufacturing $4.83 $1.21 $2.93 $8.97 / square foot Recycling Facilities - All $4.83 $2.66 $2.22 $9.71 / square foot Research and Development $4.83 $3.04 $3.24 $11.11 / square foot Salvage and Wrecking $4.83 $2.66 $2.22 $9.71 / square foot Storage and Distribution
Indoor and Outdoor $4.83 $0.85 $0.96 $6.64 / square foot Personal $4.83 $0.04 $0.77 $5.64 / square foot
Agricultural
Community Gardens $0.00 $0.00 $0.00 $0.00
Indoor Agriculture $4.83 $1.58 $2.93 $9.34 / square foot Outdoor Agriculture $4.83 $1.58 $2.93 $9.34 / square foot Animal Husbandry $4.83 $1.58 $2.93 $9.34 / square foot
Communication, Transportation and Utilities
Communication Facilities
Transmission Towers $0.00 $0.00 $0.00 $0.00
Equipment within Buildings $4.83 $0.05 $0.29 $5.17 / square foot Transportation and Delivery Services
Bus/Rail Passenger Stations $4.83 TBD TBD TBD / square foot Truck/Rail Freight Terminals $4.83 $1.58 $2.52 $8.93 / square foot Human-Powered $4.83 $0.85 $0.96 $6.64 / square foot
Light Fleet $4.83 $0.85 $0.96 $6.64 / square foot
Utility Services $4.83 $8.84 $2.31 $15.98 / square foot 7/1/2021 TBD = To be determined. Contact Community Development Department to determine applicable fees. Page 3 of 3 DocuSign Envelope ID: CF922D99-EB30-45E5-8D36-27E55CBD42EF