HomeMy WebLinkAboutORDINANCES - 05092023 - 2023-10
Exhibit A
Development Fee Zones
(adapted from Figure 9-1 of the HCP/NCCP)
Figure 9-1: Development FeeZones Legend Inventory Area alkali grassland alkali wetland aquatic aqueduct chaparral cropland grassland landfill non-native woodland oak savanna oak woodland orchard pasture pond riparian rock outcrops ruderal seasonal wetland slough/channel turf urban / future urban vineyard wetland wind turbines Fee Zone Zone I Zone II Zone III Miles 2 1 0 2 09/05/2006
Exhibit B
Initial Urban Development Area
(Figure 2-3 of the HCP/NCCP)
* Figure 2-3: Initial Urban Development Area Legend Inventory Area County Urban Limit Line Initial Urban Development Area Land Use Designations * For Areas Outside Initial Urban Development Area Agricultural Core Agriculture Development Open Space (Designated in General Plan) Parks, Public Watershed Lands, and Deed Restricted Open Space Urban Parks & Open Spaces (in Inventory Area) Public Facilities Public Facilities with Undeveloped Land Water Land Use Designations were derived from County and City General Plan Maps. Designations were combined to create a simpler map. Miles 2 1 0 2 07/12/2006
Exhibit C
Wetland Mitigation Fee and Acreage Determination Methods
(adapted from Table 9-5 of the HCP/NCCP to reflect the fee amounts applicable
after the effective date of this Ordinance 2023-10)
Land Cover Type
Fee per unit of
Impact
Method for Determining Fee Boundary
Riparian woodland/scrub
$111,060.40/acre
Limit of tree or shrub canopy (drip line)
Perennial wetlands
$170,908.06/acre
Jurisdictional wetland boundary of state or federal
government1, whichever is greater
Seasonal wetland
$401,479.18/acre
Same as above
Alkali wetland
$405,871.63/acre
Same as above
Ponds
$221,421.23/acre
Jurisdictional waters boundary of state or federal
government1, whichever is greater
Aquatic (open water)
$110,711.14/acre
Wetted area during normal rainfall year or
jurisdictional waters boundary, whichever is greater
Slough/channel
$156,815.09/acre
Area of impact within banks
Streams
Streams 25 feet wide
or less
$580.00/linear foot
Stream length measured along stream centerline.
Stream width measured between top of bank.
Streams greater than
25 feet wide2
$869.47/linear foot
Stream length measured along stream centerline.
Stream width measured between top of bank.
1 Using methods for determining state and federal jurisdictional wetlands and waters at the time of HCP/NCCP approval.
2 Impact fee for wider streams is 1.5 times the base stream fee to account for higher construction costs on wider streams.
Exhibit D
Fee Adjustment Indices
(adapted from Table 9-7 of the HCP/NCCP to reflect the fee adjustment procedures applicable
after the effective date of this Ordinance 2023-10)
Fee Annual AdjustmentIndex1
Development Fee
Average
Annual Rate
(2006-2022)
Example
Portion for Land Acquisition2
(59.53% initially3)
Change in the annual Home Price Index (HPI) for
the Oakland-Berkeley-Livermore, CA
Metropolitan Division (MSAD) for the prior
calendar year (Office of Federal Housing Finance
Agency)4
3.85%
Portion for Preserve System Operation,
Restoration, and Maintenance
(40.47% initially3)
Change in the Consumer Price Index for the San
Francisco-Oakland-Fremont Combined Statistical
Area for all urban consumers for the prior calendar
year (U.S. Bureau of Labor Statistics)5
2.87%
Wetland Mitigation Fee Change in the Consumer Price Index for the San
Francisco-Oakland-Fremont Combined Statistical
Area for all urban consumers for the prior calendar
year (U.S. Bureau of Labor Statistics)5
2.87%
Note:
1 HCP/NCCP fees to be adjusted automatically by March 15 of every year based on the indices for the prior
calendar year. See Appendix G of the HCP/NCCP for more details on methodology and sources.
2 Direct land acquisition costs only. Excludes costs associated with land transaction, site improvements, and due
diligence (e.g., pre-acquisition surveys).
3 The portion of the Development Fee that will be adjusted according to the HPI and CPI will vary over time. For
the first annual automatic adjustment following the effective date of this Ordinance No. 2023-10, 59.53% of the
initial fees will be adjusted according to the HPI and 40.47% will be adjusted according to the CPI. The
apportionment in subsequent years will depend on the relative values of the indices, in accordance with the formula
provided in Exhibit E.
4 See https://www.fhfa.gov/DataTools/Downloads/Pages/House-Price-Index-Datasets.aspx#atvolData. Data
for the prior calendar year are published in March. To calculate automatic adjustments, the change in the
HPI for the prior calendar year will be used.
5 Consumer Price Index, All Items, with base data year of 1982-1984 (i.e., 1982-1984 = 100), for all urban
consumers (CPI-U), not seasonally adjusted. See https://www.bls.gov/eag/eag.ca_sanfrancisco_msa.htm.
Exhibit E
Automatic Development Fee Increase Formula
(adapted from Table 9-7 of the HCP/NCCP to reflect the fee amounts
applicable after the effective date of this Ordinance 2023-10)
Feen = [[Ln-1 * (HPIn-1/HPIn-2)] + [Sn-1 * (CPIn-1/CPIn-2)]]* Z
Where:
n = year of HCP/NCCP Implementation [year 1 (n=l) is 2007, the calendar year in which the
HCP/NCCP implementation ordinance was adopted; year 2 (n = 2) is 2008; etc. Year 0 (n=0)
is 2006. Year 17 (n=17) is 2023.]
Feen = Development Fee for year n (the Development Fee for yearn applies from March 15
of year n through March 14 of the following year)
Fee 17 = $39,743.83 for Zone II; $19,871.91 for Zone I; and $9,935.96 for Zone III
Ln = [Ln-1 * (HPIn-1/HPIn-2)]* Z
Ln-1 = Land acquisition portion of development fee for the year prior to year n
L 17 = 59.53% of $39,743.83 = $23,659.15
HPIn-1 = Home Price Index (HPI) for the Oakland-Berkeley-Livermore, CA Metropolitan Division
(MSAD) at the end of the calendar year prior to year n as published by the Office of Federal
Housing Finance Agency
Sn = [Sn-1 * (CPIn-1/CPIn-2)]* Z
Sn-1 = Non-land acquisition portion of development fee for the year prior to year n
S17 = 40.47% of $39,743.83 = $16,084.67
CPIn-1 = Consumer Price Index for the San Francisco-Oakland-Fremont Combined Statistical
Area for all urban consumers at the end of the calendar year prior to year n as published by
U.S. Bureau of Labor Statistics
Z = Fee zone factor (based on which fee zone the project is in (see Figure 9-1 in the HCP)). The
fee zone factors for the three zones are as follows:
Z = l for Zone II, the Natural Lands Zone
Z = 0.5 for Zone I, the agricultural lands zone
Z = 0.25 for Zone III, the infill zone