A development impact fee determination by city staff may be appealed in accordance with the following procedures:
A. Limited Scope. An appeal shall be limited to disputes regarding the calculation of the development impact fees for a specific development and/or permit and calculation of SMUs for the development.
B. Form of Appeal. An appeal shall be initiated on such written form as the city may prescribe, and shall be submitted to the director of the planning and development department.
C. Department Action. The planning and development department director shall act upon the appeal within thirty calendar days of the filing of the appeal with the planning and development department, and the applicant shall be notified of the director's decision in writing.
D. Appeal to Manager. The applicant may further appeal the decision of the planning and development department director to the city manager, or his or her authorized designee, who shall be in a more senior position than the planning and development department director, within fourteen calendar days of the decision.
E. Action by Manager. The city manager, or his or her authorized designee, shall act upon the appeal within fourteen calendar days of receipt of the appeal, and the applicant shall be notified of the city manager or authorized designee's decision in writing.
F. Final Decision. The city manager or authorized designee’s decision regarding the appeal is final and no further appeals shall be permitted.
G. Fees During Pendency. Building permits may be issued during the pendency of an appeal if the applicant (1) pays the full impact fee calculated by the city at the time the appeal is filed, or (2) provides the city with financial assurances in the form acceptable to the city manager, or authorized designee, equal to the full amount of the impact fee calculated by the city. Upon final disposition of an appeal, the fee shall be adjusted in accordance with the decision rendered, and a refund paid if warranted. If the appeal is denied by the city manager or his/her authorized designee, and the applicant has provided the city with financial assurances as set forth in clause (2) above, the applicant shall deliver the full amount of the impact fee to the city within ten calendar days of the city manager or designee's final decision on the appeal. If the applicant fails to deliver the full amount of the impact fees when required by this subsection, the city may draw upon such financial assurance instrument(s) as necessary to recover the full amount of the impact fees due from the applicant. (Ord. 1397.04.34 § 3 (part), 2013)