(A) If a building permit expires, is canceled, or is voided without the permitted construction thereunder having occurred, and any DIFs paid pursuant to this chapter have not been expended, the Director shall, upon the written request of the applicant, order the refund of all DIFs actually paid by the applicant, except for administrative facilities fees, which shall not be subject to any refunds. A written refund request shall only be honored if actually received by the Director within a period of one year from the date of the expiration, cancellation, or voiding of the building permit(s) for which the DIFs were paid. Following the expiration of the one year period, no refunds shall be granted on the basis of expired, cancelled or voided permits or approvals. If a partial refund is granted under the provisions of this section, the property involved shall be credited with the amount paid but not refunded against any similar DIFs due for the same or subsequent use.
(B) During the annual review of the DIFs pursuant to § 9-3.120 of this chapter, the City Council shall make the findings required by Cal. Gov’t Code § 60001 (or any successor statute) with respect to any DIF revenue not expended five years or more after it was paid. If the City Council cannot make the required findings, it shall authorize a refund of the unexpended DIF revenue to the then current record owner of the property for which the DIF was paid, or otherwise allocate the unexpended revenues, as provided in Cal. Gov’t Code § 66001 (or any successor statute).
(Ord. 2079-C-S, passed 3-25-14)