On May 3, 2016 the Oakland City Council adopted an Ordinance (1) amending the Oakland Municipal Code to Establish City - Wide Affordable Housing Impact Fees and Make Related And Conforming Amendments, including Minor Amendments for Consistency Purposes to The Jobs-Housing Impact Fee Codified in OMC Chapter 15.68, (2) Amending the Master Fee Schedule (Ordinance No. 13220, C.M.S., as Amended) to include the Affordable Housing Impact Fees, and (3) Adopting CEQA Exemption Findings.
Adoption of an Impact Fee Program is (1) not a Project under CEQA and is therefore exempt pursuant to CEQA Guidelines section 15378 (b)(4); (2) statutorily exempt pursuant to CEQA Guidelines section 15273(4) (Rates, tolls, fares and charges for obtaining funds for capital projects necessary to maintain service within existing service area); (3) statutorily exempt pursuant to CEQA Guidelines section 15267 (Financial Assistance to Low or Moderate Income Housing); and/or (4) not intended to, nor does it, provide CEQA clearance for future development-related projects by mere payment of the fees. Each of the foregoing provides a separate and independent basis for CEQA compliance and when viewed collectively provides an overall basis for CEQA compliance.
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