Alameda Municipal Code § 18-32 Determination and Imposition of Fees

For purposes specified in Section 18-31.1, the Water Quality and Flood Protection fees established pursuant to this chapter are hereby prescribed and imposed for Fiscal Year (FY) 2020-21, and shall be paid to and collected by the City, for services and facilities furnished by the City in connection with its storm drainage system to or for each parcel which is benefited directly or indirectly by said storm drainage system or any part thereof, or from which any storm water is conveyed or discharged directly or indirectly into the storm drainage system. Said fee is imposed annually and will be assessed and collected as follows:

a. Residential Class.

b. Non-Residential Class.

Rate Structure Notes:

1. The rate category for any non-residential parcel shall be assigned by the description of the land use of the parcel. For Non-Residential land uses that do not fit the descriptions in Table 8 of the Fee Report (for example, mixed use parcels), the rate with the nearest percent impervious area shown in Table 8 of the Fee Report shall be assigned to a parcel.

2. Non-residential fees are calculated in 0.01-acre increments.

(Ord. No. 3258 N.S., § 1, 12-17-19)

a. Low Impact Development Credit. All parcels that comply with Provision C.3 (New Development and Redevelopment Requirements) of the City's NPDES permit that is applicable at the time of building permit issuance shall have their fees reduced by twenty-five (25%) percent in recognition of the reduced impact on the City's storm drainage system inherent in C.3 compliance, as documented in the Fee Report (Low Impact Development Rate Credit).

b. Direct-Drain-to-Bay Credit. All parcels that drain directly to the Bay or estuary shall have their fees reduced by fifty-seven (57%) percent in recognition of the reduced impact on the City's storm drainage system as documented in the Fee Report (Direct Drain Rate Credit).

c. Residential parcels with more than one (1) residential structure shall have their fees increased by sixteen (16%) percent in recognition of the higher percentage of impervious surfaces found on those parcels.

d. For non-residential parcels that have both improvements and significant open space areas (described in the Fee Report as "hybrid parcels"), the chargeable acreage shall be adjusted downward in recognition that the open space areas do not increase the need for the fee.

e. Open space and agricultural parcels are not subject to the Water Quality and Flood Protection fees.

(Ord. No. 3258 N.S., § 1, 12-17-19)

Commencing with FY 2021-22, the City Council shall, by resolution, annually determine the Water Quality and Flood Protection Fee in accordance with the following:

a. In no event shall the rate for any category of property be increased beyond the rate approved by a majority vote of property owners subject to the Water Quality and Flood Protection Fee. Commencing in FY 2020-21, the Water Quality and Flood Protection Fee rates may be increased by an amount equal to the change in the Consumer Price Index for all Urban Consumers for the San Francisco-Oakland-Hayward, CA area (the "CPI"), including all items as published by the U.S. Bureau of Labor Statistics as of December of each succeeding year, not to exceed a maximum increase of three (3%) percent in any single year.

b. The Water Quality and Flood Protection Fee shall not be deemed to be increased in the event the actual fee upon a parcel in any given year is higher due to a change in use of the subject parcel or an increase in the amount of the impervious area of the subject parcel.

c. In any year in which the City Council does not change the Water Quality and Flood Protection fee rate, pursuant to the voter-approved CPI allowable annual increase, the previously adopted fee shall continue in full force and effect for the next fiscal year.

d. The City Council shall not be required to enact a CPI increase each year.

(Ord. No. 3258 N.S., § 1, 12-17-19)