Ordinance 3247
CITY OF ALAMEDA ORDINANCE NO. 3247
New Series
AMENDING ALAMEDA MUNICIPAL CODE CHAPTER XXVII, SECTION
27-3 CONCERNING DEVELOPMENT IMPACT FEES
WHEREAS, approximately 78,000 people live in the City of Alameda; and
WHEREAS, new development is expected to continue to occur in the City of Alameda
and the population is expected to increase to 88,000; and
WHEREAS, increased population due to this new development will place addit ional
burdens on park and recreation facilities, transportation infrastructure, public safety
facilities and other general public facilities throughout the City; and
WHEREAS, to maintain existing levels of service to the population, new facilities are
required; and
WHEREAS, the City has adopted a citywide General Plan that establishes park and
recreation service standards, public safety facility service goals, public facility needs, and
transportation facility needs and priorities; and
WHEREAS, the existing city parks provide 2.3 acres of park land per 1,000 residents;
and
WHEREAS, these planning documents reflect the City’s commitment to parks and
recreation for its residents, safe neighborhoods, effective transportation infrastructure,
and general public facilities; and
WHEREAS, to implement these policies, the City intends to require every person who
develops or redevelops land in the City to mitigate the impacts of such development or
redevelopment by paying fees that will be used to develop and improve park and
recreation facilities, transportation infrastructure, public safety facilities and other general
public facilities; and
WHEREAS, a Development Impact Fee Study was prepared by Willdan Financial
Services in 2014 to analyze the relationship between new development in the City, the
increased demand for and use of public facilities, and the amount of fee revenue
necessary to fund new public facilities in response to the increased demand (“2014 Nexus
Study”); and
WHEREAS, in response to judicial guidance and staff’s ongoing evaluation of the existing
Development Impact Fees, staff has caused Willdan to prepare an updated nexus study
(“2019 Nexus Study”) to refine the park and recreation com ponent, establish a park fee
credit for projects that provide public park land in excess of legal requirements, provide a
fee exemption for deed restricted affordable housing and accessory dwelling units, reduce
fees for eligible transit oriented residential projects, and provide other ordinance
clarifications; and
WHEREAS, with respect to the park and recreation component, the 2019 Nexus Study
used a Facility Standards and Cost Allocation Approach to calculate the fees to maintain
the current level of service; and
WHEREAS, under this approach, the current levels for the provision of parks and
recreation facilities and parkland by the City were used as the basis for determining the
fair share contribution of new development; and
WHEREAS, these development impact fees will be used for a broad range of parks and
recreation facilities investments, including the capital improvement of existing and new
park facilities and development of new parks and recreation facilities; and
WHEREAS, the amount of fees collected pursuant to this Ordinance is limited to the cost
of these public facilities attributable to new development and the amount of these fees do
not include the cost of facilities attributable to demand generated by existi ng
development.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY COUNCIL
OF THE CITY OF ALAMEDA THAT:
Section 1. Chapter XXVII of the Alameda Municipal Code is hereby amended as
follows:
27-3 - DEVELOPMENT IMPACT FEES.
27-3.1 - Authority.
This Section 27-3 of the Alameda Municipal Code may be referred to as the Development
Impact Fee Ordinance and is adopted pursuant to the police power of the City,
Government Code Section 66000 et seq. (Mitigation Fee Act), and Government Code
Sections 65000 et seq. (Planning and Zoning Law of the State of California), and in
accordance with the findings set forth in the ordinance codified herein. All words, phrases,
and terms used in this section shall be interpreted in accordance with the definitions set
forth in the Mitigation Fee Act, unless otherwise specifically defined herein. All references
to “this section” shall refer to Section 27-3.
27-3.2 - Application.
This section applies to development impact fees charged as a condition of development
in the portion of the City outside Alameda Point to defray the cost of certain public
improvements, services, and amenities. The cost of developing and administering the
City's development impact fee program may be included as a component of the
established fees. The fees charged under this section do not replace or repeal any other
fee or charge levied pursuant to any section of the Alameda Municipal Code, nor do the
fees charged under this section replace any subdivision map exactions; other site -specific
mitigation measures or conditions; other regulatory or processing fees, funding required
pursuant to a development agreement or reimbursement agreement, or special
assessments, unless such charges, exactions or assessments relate to the facilities
funded pursuant to this section.
27-3.3 - Intent and Purpose.
The intent and purpose of the development impact fee is to mitigate the impacts of new
residential and new or intensified industrial and commercial development on
transportation, parks and recreation, general public facilities, and public safety as more
specifically described in the projects listed in Appendix B to the 2014 Nexus Study , and
the park and recreation facilities identified in Table 11 of the 2019 Nexus Study Update
or in a capital improvement plan for park and recreation facilities adopted by the City in
accordance with Government Code section 66002. The purpose of each component of
the development impact fee is as follows:
a. The purpose of the transportation component is to fund required improvements related
to public safety such as traffic signals, street overlays, handicap ramps at intersections,
and other traffic safety improvements and to mitigate the degradation in the levels of
service on public roads from new developments.
b. The purpose of the parks and recreation component is to fund a portion of the capital
improvement of existing and new park facilities and costs associated with construction of
new park and recreation improvements and facilities.
c. The purpose of the general public facilities component is to fund a portion of the capital
costs associated with library improvements and collections, seismic upgrades, and other
improvements to existing public facilities and equipment.
d. The purpose of the public safety facilities and improvements component is to fund a
portion of the costs associated with construction of public safety facilities and the
purchase of public safety equipment.
27-3.4 - Findings.
The City Council finds and declares:
a. The City provides public services and constructs and maintains public improvements
for the benefit of residents, businesses and employees within the City.
b. New development potential in the City has been made available by the redevelopment
of the northern waterfront area and intensification of existing uses and development of
new uses such as housing as well as other infill or urban redevelopment activity
throughout the City.
c. This anticipated residential and commercial development will generate an increase in
the need for City services and the corresponding capital facilities necessary to provide
those services. New residential and new or intensified commercial development will thus
create an additional burden on the existing capital facilities and services.
d. If additional capital facilities and public services are not added as development occurs,
the existing facilities and services will not be adequate to serve the community. This could
result in adverse impacts, such as inadequate public safety services, inadequate traffic
safety and transportation improvements, inadequate parks and recreation facilities, as
well as inadequate other general public facilities.
e. There is a reasonable relationship between the nee d and use of development impact
fee projects and new development.
1. There is a reasonable relationship between the need for transportation projects and
the type of development project on which the fee will be imposed since new development
throughout the City will increase demand on local, citywide, and regional roads, leading
to the need for more traffic signals, additional turn lanes, and other improvements. The
resurfacing of streets and pathways ensures that both drivers and pedestrians are safe
from accidents resulting from cracks, potholes, and other damage that occurs. New
development also adds to the wear of city streets. Further, there is a reasonable
relationship between the need for the transportation projects and the type of development
project on which the fee will be imposed since each new development project will add to
the incremental need for new roadway capacity, safety or replacement projects in order
to meet public safety standards.
2. There is a reasonable relationship between the need for parks and recreation facilities
and improvements and the type of development project on which the fee will be imposed
since new residents will use parks and recreational facilities throughout the City. Further,
there is a reasonable relationship between the need for the parks and recreation projects
and the type of development project on which the fee will be imposed since current parks
and recreation service levels will fall if additional facilities and equipment are not provided
and a greater variety of facilities, as called for in the General Plan and the Park Master
Plan, will not be able to be provided.
3. There is a reasonable relationship between the need for public improvements and the
type of development project on which the fee will be imposed since new residential and
commercial development will result in new City residents and employees who will demand
and use the services offered by the new public buildings and improvements included in
this program. Further, there is a reasonable relationship between the need for the public
improvement projects and the type of development project on which the fee will be
imposed as further explained in the City's Capital Improvement Program and the City's
General Plan.
4. There is a reasonable relationship between the need for public safety facilities and
improvements and the type of development project on which the fee will be imposed since
new development throughout the City will increase the need for public safety
improvements. Further, there is a reasonab le relationship between the need for public
safety facilities and improvements and the type of development project on which the fee
will be imposed since current levels of police and fire services cannot be maintained if
additional facilities and equipment are not provided to serve new development. The need
for these facilities and equipment is further explained in the Land Use Element of the
General Plan and the City's Capital Improvement Program.
The determination of how there is a reasonable relationship between the use of the
development impact fee and the type of development project on which the fee is imposed
is set forth in more detail in the Nexus Studies as that term is defined in Section 27-3.4h.
f. To prevent these undesirable consequences, and to reduce the impacts of new
development on capital facilities, equipment, and services, the City's capital facilities must
be constructed, and the City's public services must be provided, at a rate which will
accommodate the expected growth in the City.
g. The development impact fees established by this section will be imposed upon
development projects for the purpose of mitigating the impact of the development on the
ability of the City to provide specified public improvements and services.
h. The City has caused to be prepared Willdan Financial Service’s City of Alameda
Development Impact Fee Update and Nexus Study, dated June 2014 (“2014 Nexus
Study”) and the City of Alameda Park and Recreation Facilities Development Impact Fee
Nexus Study dated June 2019 (“2019 Nexus Study Update”) (collectively, the 2014 Nexus
Study and the 2019 Nexus Study Update are referred to as the “Nexus Studies”). The
Nexus Studies are on file with the City Clerk.
i. The Nexus Studies identify the development potential of the City from the year 2014
until 2040; identify four (4) categories of capital facilities and equipment required to serve
and accommodate new development; and provide a summary of the portion of ea ch
improvement category's costs that can be funded by new development.
j. The four (4) categories of capital facilities and equipment that will be funded by the
development impact fee established by this section are (1) transportation; (2) parks and
recreation facilities; (3) general public facilities; and (4) public safety. The improvements
summarized by these categories are more specifically described in Appendix B to the
2014 Nexus Study and the park and recreation facilities identified in Table 11 of the 2019
Nexus Study Update or in a capital improvement plan for park and recreation facilities
adopted by the City in accordance with Government Code section 66002. These capital
facilities and equipment are needed to promote and protect the public health , safety and
general welfare within the City, to facilitate orderly urban development, to maintain
existing levels of service, and to promote economic and social well-being.
k. The City Council has relied upon the factual information, analysis, and conclu sions in
the Nexus Studies in adopting this section.
27-3.5 - Development Impact Fee Established; Timing of Payment; Application; Review;
Definitions.
a. A development impact fee is hereby established on development in the City to pay for
transportation improvements and facilities; parks and recreation improvements and
facilities; general public facilities; and public safety facilities. The development impact fee
will be imposed by land use category of development. Except as otherwise provided in
subsection 27-3.10, the development impact fee shall be imposed upon any:
1. new residential or nonresidential development upon improved or unimproved land;
2. expansion of any nonresidential development of more than two hundred (200) square
feet or more than ten (10) percent of the existing structure(s), cumulatively over a two (2)
year period;
3. addition of any dwelling unit to any residential development except accessory dwelling
units or accessory dwelling units—junior, as those terms are defined is subsection 27-
3.5f; or
4. change in a use which results in an intensification of the existing use.
b. The project applicant shall pay fees according to the schedule of fees in place on the
date the fees are paid, except that the applicant for a vesting tentative map for a
development project shall pay the fees in effect on the date the application for the vesting
tentative map is deemed complete.
1. No building permit or, if no building permit is required, no certificate of occupancy for
any project shall be issued unless the fees have been paid, except for residential uses
where state law requires payment before final inspection or the issuance of certificate of
occupancy, whichever comes first. If state law applies, a contract to pay the fees shall be
executed with the City, in which case, no final inspection shall be approved until the fees
have been paid. If a residential development project contains more than one dwelling unit
and is approved for development in phases, the developer shall pay the fees in
installments based on the phasing of the residential development project. Each fee
installment shall be paid at the time when the first dwelling unit within each phase of
development has received its final inspection.
2. For all projects subject to this section th e City may require the payment of fees at an
earlier time if the fees will be collected for public improvements or facilities for which an
account has been established and funds appropriated and for which the City has a
proposed construction schedule or plan prior to final inspection, or the fees are to
reimburse the City for expenditures previously made.
c. 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, th e fees shall be
payable consistent with subsection b above.
1. Regardless of whether a building permit is required, a structure, subject to any permit,
which has been vacant (as that term is defined in subsection 27-3.5f.9) shall be assessed
the development impact fee based on the proposed use at the time the permit is issued.
No development impact fee credit shall apply to such vacant structure.
2. Notwithstanding subsection 27-3.5c.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 provided a fee offset consistent with the provisions of subsection 27 -3.11.
d. The City Council shall adopt a resolution or ordinance setting forth the specific amount
of the fee. The amount of the fee shall not exceed the estimated reasonable cost of
providing the facility, equipment, or improvement for which the fee is imposed.
e. The City Council shall review the development impact fee annually following the first
deposit into the accounts established pursuant to subsection 27-3.6 as required by
applicable laws.
f. Definitions. For the purposes of the development impact fee, the following definitions
apply:
1. Accessory dwelling unit shall mean the same as that term is defined in Section 30-2b.
2. Accessory dwelling unit — Junior shall mean the same as that term is defined in
Section 30-2b.
3. Inclusionary Unit shall mean the same as that term is defined in Section 30-16.3.
4. Dwelling, multiple family shall mean a building designed and/or used to house two (2)
or more families, living independently of each other.
5. Dwelling, one family shall mean the same as that term is defined in Section 30 -2b.
6. Commercial or Office. Any building or portion of a building that is defined by the
California Building Code as an Assembly Group A, Business Group B, Educational Group
E, or Institutional Group I. This category also includes Group R-1, R-2, and R-4 buildings
or portions of buildings designed f or hotels, motels, residential care facilities, congregate
living health facilities, work/live studios consistent with the provisions of Section 30 -15,
and other commercial developments that provide sleeping, eating, and/or other services
to temporary or permanent residents.
7. Retail. Any non-residential building or portion of a building that is defined by the
California Building Code as a Mercantile Group M.
8. Warehouse/Manufacturing. Any non-residential building or portion of a building that is
defined by the California Building Code as a Factory Industrial Group F, High Hazard
Group H, or Storage Group S.
9. Vacant. For the purpose of this section, a non-residential property or a multi-family
residential property shall be deemed “vacant” during the two 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 two year period.
For the purpose of a single family dwelling, the property is “vacant” if Alameda Municipal
Power records do not show energy usage consistent with occupancy of the building or
with similar adjacent single family dwellings that were occupied during the two -year
period.
10. 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.
11. Alameda Point. For the purposes of this section, “Alameda Point” is the area covered
by the Alameda Point Zoning Ordinance, Section 30-4.24, adopted on February 4, 2014.
27-3.6 - Use of Development Impact Fee.
a. Development impact fees shall be deposited in segregated accounts and all interest
earned on deposited fees shall be used solely to:
1. Pay for the cost of providing the specified projects listed in Appendix B to the 2014
Nexus Study and the park and recreation facilities identified in Table 11 of the 2019 Nexus
Study Update or in a capital improvement plan for park and recreation facilities adopted
by the City in accordance with Government Code section 66002. The projects are divided
into four (4) categories: transportation; parks and recreation; general public facilities; and
public safety.
2. Reimburse the City for such projects if funds were advanced by City for such projects
from other sources to pay new development’s share of such costs.
3. Fund reimbursement or refund under subsections 27-3.7 or 27-3.9.
4. Fund loans or transfers made in conformance with Government Code Section
66006(b)(1)(G).
b. The use of each component of the development impact fee is more specifically set forth
in the resolution or ordinance referenced in subsection 27-3.5d establishing the amount
of the fee and making certain findings.
27-3.7 - Fee Credits and Reimbursements.
a. Application for Potential Fee Credit or Reimbursement. Absent a development
agreement or other contract with the City that specifically addresses fee credits and
reimbursements for development impact fees, an applicant may be eligible for a credit
against impact fees otherwise owed, in return for providing a public facility to the City,
only if the applicant submits a written application to the Director of Public Works which
establishes compliance with all of the following requirements to the satisfaction of the
Public Works Director:
1. Describe the specified public improvements (or portion thereof) proposed to be
provided by the applicant, with a cross-reference to the description of the specified public
improvements. The applicant shall provide a design of the specified public facil ity, which
must be on the project list in Appendix B of the 2014 Nexus Study, identified in Table 11
of the 2019 Nexus Study Update or identified in a capital improvement plan for park and
recreation facilities adopted by the City in accordance with Govern ment Code section
66002.
2. Identify the estimated cost of providing the specified public improvements (including
construction, design, and/or land acquisition), as set forth in subsection 27 -3.7c for which
the applicant is requesting credit.
3. Describe the development project or projects to which the fee credit is requested to
apply. The description shall be limited to all or a portion of the development project for
which specified public improvements are a condition of approval.
4. Document that either: (A) the applicant is required, as a condition of approval for the
development project, to construct the specified public improvements or (B) the applicant
requests to build one or more specified public improvements which benefit the
development project; and the Public Works Director determines in writing prior to the
commencement of construction that it is in the City's best interests for the specified public
improvements to be built by the applicant.
5. To the extent that credit for land acquisition costs are requested, document that: (A)
the location of the land is advantageous to the public facility needs of the City; and (B)
the amount of credit for the land acquisition is equal to a reasonable estimate of the fair
market value of the land based upon either: (i) documentation provided by the applicant
to the City, or (ii) in the event that the Public Works Director determines that the
documentation provided by the applicant does not provide a reasonable basis for
determining the fair market value of the land, documentation provided by an expert
selected by the Public Works Director and paid for by the applicant, which expert is
qualified to express an opinion as to the fair market value of the property.
6. Provide a schedule of completion for the specified public improvements to be built by
the applicant, which ensures that the public improvements will be completed concurrent
with the development project or projects.
b. Timing of Application. The application for credit shall be submitted by the applica nt to
the Public Works Director in accordance with the following timing requirements: (1) to the
extent that the applicant requests credit for design or construction, the application shall
be submitted concurrently with the submittal of improvement plans or building permit; (2)
to the extent that the applicant requests credit for land dedication, the application shall be
submitted prior to the recordation of the final map or parcel map for the development
project. The applicant may submit a late application only if the applicant establishes, to
the satisfaction of the Public Works Director, that, in light of new or changed
circumstances, it is in the City's best interests to allow the late application.
c. Amount of Potential Credit. In the event that the Public Works Director determines that
the applicant has submitted a timely application in compliance with subsection 27-3.7b
and it is in the City’s best interest to allow the applicant to provide the proposed specified
public improvement, the applicant may be eligible for a credit against fees otherwise owed
in accordance with this section, provided that the applicant enters into an agreement with
the City which includes the following essential terms:
1. The design of the specified public improvement is approved by the City.
2. The applicant agrees to provide the specified public improvement in return for the credit
to be allocated in accordance with the terms of the agreement and this section.
3. The amount of credit available to the applicant shall not exceed the lesser of: (A) the
applicant’s actual cost of providing the specified public facility, to be evidenced by the
submittal of written documentation to the satisfaction of the Public Works Director, or (B)
the estimated cost of providing the specified public improvement, as identified in the
project list on Appendix B of the 2014 Nexus Study and the park and recreation facilities
identified in Table 11 of the 2019 Nexus Study Update or in a capital improvement plan
for park and recreation facilities adopted by the City in accordance with Government Code
section 66002.
4. The amount of credit available to the applicant for land dedication shall be equal to the
amount identified in subsection 27-3.7a.5.
5. The applicant provides improvement security in a form and amount acceptable to the
City (e.g., performance and labor and materials bonds).
6. The applicant identifies the development projects to which the credit will be appl ied.
7. The credit may only be applied to fees which would otherwise be owed for the fee
category relevant to the specified improvement.
8. The timing of the proposed construction of the public improvement shall be no later
than the completion of the applicant’s development project.
d. Request for Reimbursement. To the extent that the applicant has a balance of credit
available, the applicant may submit a written request for reimbursement to the Public
Works Director. The applicant may be entitled to potential reimbursement from the City,
but only if the applicant submits a written request to the Public Works Director which
meets the following requirements:
1. The request shall be made no later than one hundred eighty (180) days after the later
to occur of: (A) issuance of the last permit within the development project for which the
application for credit was made, or (B) the date of the City’s acceptance of the specified
public improvements as complete.
2. The request shall identify the specific dollar amount of the credit balance for which the
applicant requests reimbursement, along with documentation in support thereof. This
documentation shall include a calculation of the total credit available (pursuant to
subsection 27-3.7c.3) less the amount of credit previously allocated to offset fees
pursuant to Section 27-3.11.
3. The request must include a designation of the name and address of the legal entity to
which reimbursement payments are to be made.
e. Allocation of Reimbursements.
1. In the event the Public Works Director determines that the applicant has properly
submitted a request for reimbursement pursuant to subsection 27 -3.7e, the Public Works
Director and the Finance Director shall prepare a written determination which will identify
the dollar amount of the potential reimbursement. The dollar amount of the
reimbursement shall equal the amount approved by the Public Works Director and the
Finance Director (not to exceed the actual credit available to the applicant), less the total
of all credit allocations to offset fees pursuant to subsection 27-3.7c.
2. The City shall make reimbursement payments pursuant to a schedule to be established
by the Public Works Director and Finance Director, and consistent with the approved
capital improvement program. The City shall make no reimbursements to any applicant
in excess of the amount of fees available in the relevant reimbursement account, as
determined by the Finance Director.
3. No reimbursement payment shall be made to an applicant until after the completion of
construction by the applicant and acceptance of improvements by the City. The right to
receive reimbursement payments, if any, shall not run with the land.
27-3.8 - Fee Adjustments.
a. A developer of any project subject to the fee described in subsection 27-3.5 may apply
to the Public Works Director for an adjustment, reduction or waiver of the fee, based on
a showing that applying the requirements of this section would effectuate an
unconstitutional taking of property or otherwise have an un constitutional or unlawful
application to the property. The application shall be made in writing and filed with the
Public Works Director no later than the time of the issuance of a building permit
authorizing construction of the project that is subject to the fee. The application shall state
completely and in detail both the applicant’s factual basis and legal theory for adjustment
or waiver and compare its proposal with the analysis set forth in the Nexus Studies.
b. A developer of a residential project subject to the park and recreation facilities impact
fee described in subsection 27-3.5 may apply to the Public Works Director for an
adjustment, reduction or waiver of the fee if: 1) the applicant is providing park land that
will be accessible to the public at no cost to the general public and available to the public
during the same hours of the day as City park lands ; 2) the public’s right of access is
recorded as a permanent deed restriction on the land; 3) the park lands accessible to the
public are in excess of the open space requirements set forth in Section 30 -5.12; and 4)
the credit is based upon the costs incurred by the applicant to provide the excess public
open space. Credit shall not be provided for park lands that are being developed to meet
the minimum open space requirements of the set forth in Section 30-5.12 for the project.
c. A developer of a residential project subject to the transportation impact fee described
in subsection 27-3.5 may apply to the Public Works Director for an adjustment, reduction
or waiver of the fee if the residential project is: 1) located within one -half mile of a ferry
terminal or a “bus hub” which is defined as the intersection of three (3) or more bus routes
with a minimum route headway of 10 minutes during peak hours; 2) located on a barrier-
free walkable path not exceeding one-half mile in length with direct access to the ferry
terminal or bus hub; 3) located within one-half mile of convenience retail uses, including
a store that sells food; and 4) the housing development provides either the minimum
number of parking spaces required by the City’s parking ordinance, or no more than one
onsite parking space for zero to two bedroom units, and two onsite parking spaces for
three or more bedroom units, whichever is less. The application for the fee adjustment,
reduction or waiver shall be accompanied by an automobile trip generation analysis
prepared by a qualified traffic engineer that compares the automobile trip generation of
the project to housing developments in Alameda without these characteristics. The
transportation impact fee shall be reduced by the percentage that is equivalent to the
percentage difference between the automobile trip generation for the project and the
automobile generation for Alameda housing developments that do not meet the above
characteristics.
d. No building permit shall be issued prior to the payment of the fee, adjusted or reduced
fee, or the grant of a fee waiver. The applicant may elect to pay the full fee under protest
at the time of the submittal of the fee adjustment application in order to obtain a building
permit in advance of the determination of the fee adjustment application. If the full fee is
paid under protest and the application is subsequently granted, then the applicant shall
receive a refund in the amount of the difference between the amount of the fee paid and
the amount of the fee due after the application of the adjustment, reduction or waiver.
e. The Public Works Director shall consider the application and respond in writing setting
forth the reasons for the decision within thirty (30) days of receipt of the request for an
adjustment, reduction or waiver of the fee. The decision of the Public Works Director is
appealable pursuant to subsection 27-3.13.
f. If an adjustment, reduction or waiver is granted, any change in use within the project
shall invalidate the adjustment, reduction or waiver of the fee.
g. The cost of an application for an adjustment, reduction or waiver of the fee shall be
borne by the applicant in an amount established by the Master Fee Resolution or
ordinance of the City Council.
27-3.9 - Refund of Fee.
a. If the development impact fee is paid and the building permit is later expired, vacated
or voided, or if a use permit which triggers the application of the fee fails to vest within the
term of the use permit, the Public Works Director shall, upon written request of the
developer, order return of the fee and interest earned on it less administrative costs if (1)
the fees paid have not been committed as determined by the Public Works Director and
Finance Director; and (2) work on the private development project has not progressed to
a point that would permit commencement of a new, changed or expanded use for which
a fee would be payable. Any such request for a refund shall be submitted within one year
of the date that the permit expires or is vacated or voided. Failure to submit a timely
request for refund shall constitute a waiver of any right to a refund.
b. If the findings required by Government Code Section 66001(d) are not made, a refund
to the then owner of the property for whic h the fee was paid shall be made pursuant to
Government Code Section 66001.
27-3.10 - Exemptions.
a. The development impact fee shall not be imposed upon a building permit for remodeling
or for an addition to an existing occupied residential structure so long as the remodeling
or addition does not add a dwelling unit. Consistent with subsection 27-3.5c.1, the
exemption for remodeling of an existing residential structure shall not apply if the building
is vacant (as defined in subsection 27-3.5f.9).
b. The development impact fee shall not be imposed upon a building permit for the
demolition of an existing structure and the construction of a new structure on the same
site, provided the demolished structure was not “vacant” (as defined in subsection 27-
3.5f.9) prior to the issuance of a building permit for the new structure, and the size and
use of the new structure is substantially similar to the size and use of the demolished
structure.
27-3.11 - Fee Offsets.
The amount of development impact fee shall be offset or adjusted to account for any
previously existing use, so long as the structure holding that use is not defined as “vacant”
as specified in subsection 27-3.5f.9. The offset shall consist of any difference between
the current applicable fee category a nd the fee category applicable to the previously
existing non-“vacant” use, as defined in subsection 27-3.5f.9. The offset for existing use
shall not exceed the amount computed for the proposed use.
27-3.12 - Fee and Fee Escalators.
a. The development impact fees shall be:
Residential Fee per
Dwelling Unit
Dwelling, One Family (subsection 27-3.5f)
$13,844
Dwelling, Multiple family (subsection 27-3.5f ) $10,436
Residential Fee per
Dwelling Unit
Accessory Dwelling Unit or Accessory Dwelling Unit—Junior
(subsection 27-3.5f) $0
Inclusionary Unit (subsection 27-3.5f) $0
Nonresidential Fee per 1,000
Sq. Ft.
Retail $4,958
Commercial or Office $5,534
Warehouse or Manufacturing $3,993
b. To account for inflation in construction costs, the fee established by this section shall
be adjusted automatically on July 1 of each year, beginning on July 1, 2020, by a
percentage equal to the change in the appropriate Construction Cost Index as published
by Engineering News Record, or its successor publication, for the precedi ng twelve (12)
months.
c. The development impact fee may be adjusted from time to time, based upon
amendments or updates to the Nexus Studies, to reflect extraordinary changes in the cost
of construction of any of the improvements listed in Appendix B of the 2014 Nexus Study
and the park and recreation facilities identified in Table 11 of the 2019 Nexus Study
Update or in a capital improvement plan for park and recreation facilities adopted by the
City in accordance with Government Code section 66002, changes in the levels of actual
or projected development, or the actual or estimated proportionate share of costs as
determined by additional or amended engineering analysis. Such adjustments may be
established by a resolution of the City Council.
27-3.13 - Appeal Procedure.
a. A decision of the Public Works Director or Finance Director pursuant to this section
shall be appealable in accordance with this subsection. A person seeking review of a
decision shall first complete an appeal under this subsection.
b. Any person wishing to appeal a decision of the Public Works Director or Finance
Director shall file an appeal to the City Council in writing by filing such appeal with the
City Clerk not later than ten (10) days from the date of the Public Wor ks Director or
Finance Director’s written decision. The written appeal shall state completely and in detail
the factual and legal grounds for the appeal.
c. The City Council shall consider the appeal following generally the procedures set forth
in Section 30-25.5 except the hearing shall not be de novo but shall be based on applying
the substantial evidence standard to the decision of the Public Works Director or Finance
Director.
d. The decision of the City Council shall be final.
e. The cost of the appeal shall be borne by the applicant in an amount established by the
Master Fee Resolution of the City Council.
27-3.14 - Regulations.
The City Manager, or the City Manager’s designee, is authorized to adopt written
administrative regulations that are consistent with and that further the terms and
requirements set forth within this section.
Section 2. CEQA DETERMINATION
The City Council finds and determines that the adoption of this Ordinance is exempt from
review under the California Environmental Quality Act (CEQA) pursuant to the following,
each as a separate and independent basis: CEQA Guidelines, Section 15378 (b)(4),
which excludes from the definition of Project “the creation of government funding
mechanisms or other government fiscal activities, which do not involve any commitment
to any specific project which may result in a potentially significant physical i mpact on the
environment”, Section 15061(b)(3) (where it can be seen with certainty that the proposed
ordinance does not have the potential to significantly impact the environmen t), and
15273(a) (rates, tolls, fares and charges).
Section 3. SEVERABILITY
If any provision of this Ordinance is held by a court of competent jurisdiction to be invalid,
this invalidity shall not affect other provisions of this Ordinance that can be given effect
without the invalid provision and therefore the provisions of this O rdinance are severable.
The City Council declares that it would have enacted each section, subsection,
paragraph, subparagraph and sentence notwithstanding the invalidity of any other
section, subsection, paragraph, subparagraph or sentence.
Section 4. IMPLIED REPEAL
Any provision of the Alameda Municipal Code inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or
modified to that extent necessary to effect the provisions of this Ordinance.
Section 5. EFFECTIVE DATE