(A) An owner of a parcel of property otherwise required to pay a fee under § 16.22.040 shall receive a credit for the corresponding development fee if that owner constructs and donates the Temescal Canyon Public Safety Facility, or any portion thereof, identified in the Master Facility Plan, regardless of how it may be financed, that serves the owner’s parcel or parcels. The development fee credit shall offset, on a proportionate basis without interest, the corresponding development fee to be paid pursuant to this chapter. The Temescal Canyon Public Safety Facility must be built in compliance with all applicable laws governing the construction of public improvements.
(B) The amount of the development fee credit shall equal the city’s most recent estimated cost of constructing and/or furnishing and/or staffing the Temescal Canyon Public Safety Facility or the portion of the Temescal Canyon Public Safety Facility actually completed or purchased, by contract or utilizing city forces.
(C) An owner of a parcel of property may be further entitled to a development fee credit where the city determines, on a case-by-case basis, that the construction of the Temescal Canyon Public Safety Facility, or a portion thereof, will be necessary to provide basic services to the entire city even though it does not directly serve the owner’s project or is of greater capacity than that required to serve the owner’s project adequately.
(D) The amount of the development fee credit shall be determined after inspection and acceptance of the facility or portion of the facility at the time of payment of the Temescal Canyon public safety fee.
(E) If an owner pays the fee assessed under § 16.22.040 and later elects, after city approval, to accelerate the development by constructing or purchasing facilities for the project, the owner may apply for and receive a refund, up to the amount of the Temescal Canyon public safety fee, for such facilities after those facilities are certified by the City Engineer as complying with the appropriate Master Facility Plan, city ordinances and applicable law.
(F) To the extent that an owner is granted a development fee credit, such owner shall not be entitled to a future reimbursement for their construction of the Temescal Canyon Public Safety Facility except as provided in § 16.22.060.
(G) A development fee credit is an obligation of the city that runs with the land and inures to the benefit of each successor in interest of the original landowner until full credit has been received.
(H) A developer shall also be entitled to a credit if the city and developer have executed an agreement or there is a preexisting ordinance which specifically exempts the developer from the payment of the fees enacted under this chapter. The availability of the credit and its amount shall be determined by the city on a case-by-case basis based on the provisions of the applicable agreement.
(`78 Code, § 16.22.050.) (Ord. 2497 § 3, 2000.)