eLaws | eCases | California Laws | California Code of Regulations | Illinois Courts | Counties & Cities of California | Code of Federal Regulations | United States Code |
 Alameda
 Code of Ordinances
 Chapter XXVII. DEVELOPMENT FEES
 Appendix 27-3. DEVELOPMENT IMPACT FEES.

  § 27-3.8. Fee Adjustments.  

Latest version.

  • a.

    A developer of any project subject to the fee described in subsection 27-3.5 may apply to the Public Works Director for a reduction or adjustment to the fee, or a waiver of the fee, based upon the absence of any reasonable relationship or nexus between the impacts of that development and the amount of fee charged or the type of facilities to be financed. 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 Study.

    b.

    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, waiver or reduction.

    c.

    The Public Works Director shall consider the application and respond in writing setting forth the reasons for the decision within thirty (30) days. The decision of the Public Works Director is appealable pursuant to subsection 27-3.13.

    d.

    If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee.

    e.

    The cost of an application for a reduction or adjustment to the fee or a waiver of the fee shall be borne by the applicant in an amount established by Master Fee Resolution or ordinance of the City Council.

(Ord. No. 3098 N.S., 7-15-2014)