1 APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
A RESOLUTION ACCEPTING THE FISCAL YEAR 2023 -2024 ANNUAL
IMPACT FEE INFORMATIONAL REPORT AND MAKING FINDINGS
REGARDING SAID ANNUAL IMPACT FEE REPORT AND
PREVIOUSLY PRESENTED FIVE -YEAR IMPACT FEE REPORTS
CONSISTENT WITH THE MITIGATION FEE ACT, CALIFORNIA
GOVERNMENT CODE SECTIONS 66000 TO 66025.
WHEREAS, the City of Oakland has a critical need to ensure i mpacts from new development to transportation, capital improvement, and affordable housing resources are addressed and development impact fees are a commonly used mechanism to address this need ; and
WHEREAS, Government Code Section 66000 -66025 establish t he legal requirements for a jurisdiction to implement a development impact fee program for fees that meet the terms of the Mitigation Fee Act, California Government Code Sections 66000 to 66025; and
WHEREAS, on July 30, 2002 the City Council approved Ordinance No. 12442 C.M.S. adopting the City of Oakland Jobs/Housing Impact Fee; and
WHEREAS, on May 3, 2016 the City Council approved Ordinance No. 13365 C.M.S. adopting the City of Oakland Affordable Housing Impact Fee; and
WHEREAS, on May 3, 2016, the Cit y Council approved Ordinance No. 13366 C.M.S. adopting the City of Oakland Transportation and Capital Improvement Impact Fees; and
WHEREAS, California Government Code Section 66006(b) requires that for each separate account or fund established for the col lection and expenditure of Development Impact Fees, the City shall make available to the public, within one hundred and eighty (180) days after the last day of each fiscal year, an annual impact fee report; and
WHEREAS, said annual impact fee report for Fiscal Year 2023 -2024, having been prepared, was made available for public review on or before December 27, 2024; and
2 WHEREAS, California Government Code Section 66001(d) requires that for the fifth fiscal year following the first deposit into the account or fund, and every five years thereafter, the City shall make a five-year impact fee report with respect to that portion of the account or fund remaining unexpended, whether committed or uncommitted;
WHEREAS, said five-year impact fee reports for transportation, capital improvements, jobs/housing, and affordable ho using impact fees were prepared in December 2021 and presented to City Council as an informational report to the Community and Economic Development Committee on June 28, 2022; and
WHEREAS, subsequent to preparation and presentation of the statutorily required five- year impact fee reports, the City performed a development feasibility analysis of the impact fee s and said analysis was presented to the Community and Economic Development Committee on December 10, 2024; and
WHEREAS, based on the conclusions of the development feasibility analysis and the feedback received at the Community and Economic Development Committee, City Staff is currently working on proposed revisions to the Impact Fee program, which changes are not subject to or impacted by this resolution; now, therefore, be it
RESOLVED: That the City Council does hereby find and determine that the foregoing recitals and determinations are true and correct; and be it
FURTHER RESOLVED: That the City Council at a public meeting has rev iewed the information presented in the Fiscal Year 2023 -2024 Annual Impact Fee Report pursuant to California Government Code Section 66006 and accepts said report as findings of the City Council; and be it
FURTHER RESOLVED: That the City Council at a pu blic meeting has reviewed the information presented in the five -year impact fee reports prepared in December 2021 and previously presented as an information report to the Community and Economic Development Committee on June 28, 2022, and accepts said reports as findings of the City Council; and be it
3 FURTHER RESOLVED: That the City Council hereby determines that the City is in compliance with California Government Code Section 66000 et seq. , relative to the receipt, deposit, investment, expenditure, and/or refund of reportable fees received and expended relative to transportation, capital improvement, jobs/housing, and affordable housing impact fees.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - BROWN, FIFE, HOUSTON, KAPLAN, RAMACHANDRAN, UNGER, AND
PRESIDENT PRO TEMPORE GALLO
NOES –
ABSENT – COUNCIL PRESIDENT JENKINS (serving as Mayor pursuant to Charter Section 303) ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
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