An Alameda County Superior Court judge has voided the city of Alameda’s 2 ½-year-old park facilities impact fee, siding with a private developer who argued that the city improperly factored into its fee parkland the city already owned and had obtained at no cost. As a result, the city must prepare a new nexus study and until it adopts a new development impact fee ordinance, Alameda is delaying collection of park fees and issuing refunds of fee overpayments. Builders who have paid Alameda’s park facilities impact fee dating back to when it went into effect in September 2014 should check with city staff about potential refunds.
Click here to download and read the final judgment in Boatworks LLC vs. City of Alameda. Boatworks is a 9.4 acre project on Clement Street in Alameda, where developer Francis Collins proposes to construct 182 multi-family units.
