The City of Alameda has notified developers that it is again collecting park impact fees. Members may recall that the city suspended its park development impact fee (DIF) after an Alameda County judge voided the program, siding with the developer in Boatworks vs. The City of Alameda who argued that the city incorrectly failed to excluded from the formula parkland that it already owned. The City of Alameda is appealing the lower court ruling and is permitted to resume collecting the fee during the appeal process. Tom Roth, the attorney for Boatworks, would like to call members’ attention to the last paragraph in the notice, where the city states that it assumes that all applicants who pay the DIF on or after April 3, 2017, is protesting the difference between the DIF and any reduced DIF the city ultimately adopts to comply with the court's final decision. Roth cautions developers and builders to submit fee protests for the FULL park impact fee amount and not to rely on the city's assumption language. An appeals court judge could find other parts of the city's park fee invalid in the future and developers will want to protect their ability to seek full refunds. Click here
to view the city’s notice.