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3.85.445   Deferral of storm drainage facility fees imposed on low income housing projects financed by the city.
   Where a storm drainage facility fee is assessed and levied upon the owner of residential property located within the city incident to the construction of a new building on the property, construction of an addition to an existing building on the property, or the alteration of an existing building on the property which is or will be occupied by "persons and families of low and moderate income" as defined by Section 50093 of the Health and Safety Code, and the entire amount of such fee will be financed with a loan or grant made by the city, then such fee may be deferred by the owner of the property to the date of the issuance of a certificate of occupancy for such building.
(Ord. 1956 §1 (part); Ord. 2521 §19)
3.85.450   Disposition of storm drainage facility fee revenues.
   All revenues from the storm drainage facility fees assessed and levied pursuant to the provisions of this chapter shall be deposited in the city's storm drainage facility fund and thereafter used solely for the purpose of constructing and installing the storm drainage facilities for which the fees were imposed in any of the various storm drainage basins located within the city.
(Ord. 1956 §1 (part))
3.85.455   Use of storm drainage facility fees to reimburse developers of property for the cost of constructing oversized storm drainage facilities.
   A.   Reimbursement Obligation. Any developer of property located within the city who is required to construct and install storm drainage facilities incident to the approval of a tentative map, tentative parcel map or certificate of compliance authorizing the subdivision of property or incident to the issuance of a building permit authorizing construction of a building or structure, shall be entitled to a reimbursement, paid by the city out of the storm drainage facility fees assessed and levied pursuant to the provisions of this chapter, for the cost of any portion of such storm drainage facilities which are in excess of that reasonably required to serve the property within the subdivision approved by such tentative map, tentative parcel map or certificate of compliance, or reasonably required to serve the property improved with the building or structure authorized by such building permit, all as determined by the director.
   B.   Reimbursement Agreement. Any reimbursements for the oversizing costs of storm drainage facilities required by this section shall be made in accordance with the terms and conditions of a written reimbursement agreement between the city and the developer, which shall provide for the payment to the developer of a portion of the revenues received by the city from the storm drainage facility fees assessed and levied pursuant to the provisions of this chapter in incremental amounts reasonably calculated to reimburse the developer for such oversizing costs over a stipulated period between 15 and 30 years in duration, beginning the date the storm drainage facilities are completed and accepted by the city, all as determined by the director. Such agreement shall be in a form approved by the city attorney, and shall be executed on behalf of the city by the city manager or the city manager's designee at the time of approval of the final map, final parcel map, or certificate of compliance in the case of subdivisions approved by a tentative map, tentative parcel map or certificate of compliance, or at the time of the issuance of a certificate of occupancy in the case of a building or structure authorized by a building permit.
(Ord. 1956 §1 (part), Ord. 2158 §4, Ord. 2364 §94)
ARTICLE V. PARK FACILITY FEES
3.85.505   Imposition of park facility fees.
   A park facility fee is assessed and levied upon the owners of residential property located in the city at the time of the occurrence of any of the following events affecting the improvements to or use of such property:
   A.   The construction of a new building on the property containing one or more dwelling units;
   B.   The construction of alterations or additions to an existing building on the property which adds one or more dwelling units to such existing building; or
   C.   The change in use of an existing building on the property from a previous nonresidential use to a residential use.
(Ord. 1956 §1 (part))
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