(A) Notwithstanding the provisions of § 16.24,162, the owner of an excluded parcel may defer the payment of the fees for all or any part of the excluded parcel from the time of the approval of a final subdivision map or final parcel map therefor until the time of the issuance of building permits for the excluded parcel or a portion thereof by entering into a written agreement with the city at the time the owner presents such a final map to the city for approval for recordation, agreeing to the amount of the fees which are owing for the excluded parcel, or if the final map relates only to a portion of the excluded parcel, such portion, and to pay such fees at the time of application for the issuance of building permits for the development of the portion of the excluded parcel to which the agreement relates based on the number of building permits and the type of buildings for which application is made. The agreements shall be and are hereinafter referred to as “Fee Deferment Agreement.” The term “development” as used herein means the preparation of an excluded parcel or any portion thereof by the owner thereof or an agent or contractor of the owner for construction thereon of residential units, including single family residences (detached or attached), condominiums and apartment buildings or commercial or industrial buildings or any combination thereof for sale or lease.
(B) The payment of the fees under each such Fee Deferment Agreement shall be secured by a deed of trust on the excluded parcel or the portion thereof to which the agreement relates, naming the city as beneficiary, and reciting in an addendum thereto that the amount of the fees secured thereby is payable as a condition to the issuance of building permits for the development of the property encumbered thereby.
(C) Upon entering into a Fee Deferment Agreement and the recordation of the deed of trust securing payment of the fees thereunder, the owner of the excluded parcel or the portion thereof to which the agreement relates shall be allowed to record a final subdivision map or a final parcel map for the portion of the excluded parcel to which the agreement relates without paying the fees therefor.
(D) The amount of the fees which shall be set forth in a Fee Deferment Agreement which relates to only a portion of an excluded parcel shall be based on the number of residential units and the square footage of the floor space of commercial and industrial buildings, if any, which is/are allowed therefor in Specific Plan SP-81-2 or proposed by the owner thereof on the final subdivision or parcel map therefor, whichever is greater, and the criteria and methodology developed and employed by the Engineer of Work for Assessment District No. 79-2 in determining the amount of the fees set forth in Exhibit B to Ordinance No. 1674.
(E) At the time of making application for the issuance of building permits for the development of a portion of an excluded parcel which is the subject of a Fee Deferment Agreement, the owner thereof shall pursuant to such agreement pay the fees in the full amount provided in the agreement, or if application is made for less than all of the buildings allowed for the portion of the excluded parcel which is the subject of such agreement, a proportionate amount of said full amount based on the number of permits and the type of buildings for which application is made, as a condition to the issuance of the building permits for which application is made, and no such permits shall be issued until the appropriate amount of the fees is paid.
(F) Upon the payment by the owner of an excluded parcel to the city of the total amount of the fees provided for in a Fee Deferment Agreement, the city shall deliver to the owner a full reconveyance of the deed of trust securing the payment of such fees; and provided further that, if the owner of an excluded parcel which, or a portion of which, is subject to a Fee Deferment Agreement pays a portion of the fees set forth therein for certain lots or parcels on a final subdivision or parcel map of the excluded parcel or such a portion thereof, the city shall deliver to the owner a partial reconveyance of the deed of trust relating to the agreement as to the lots or parcels for which payment has been made. The city shall subordinate any such deed of trust to the lien of any subsequent deed of trust given by the owner of an excluded parcel to secure a loan for the development of the excluded parcel or any part thereof.
(G) Notwithstanding the preceding provisions of this section, the owner of an excluded parcel who has entered into a Fee Deferment Agreement may apply for and shall be issued grading permits and other similar preliminary or incidental permits relating to the preparation of the portion of the excluded parcel to which the Fee Deferment Agreement relates for development without being required to pay the fees provided for in the agreement; and provided further that an owner of an excluded parcel, whether or not he or she has entered into a Fee Deferment Agreement, may apply for and shall be issued building permits for the construction of location on the excluded parcel or any portion thereof of a building or buildings which will be used solely by the owner in connection with its use and enjoyment of the excluded parcel, such as a single family residence, a garage, a storage building or a utility building or temporary buildings to be used by the owner or its agents or contractors in connection with the preparation of an excluded parcel or a portion thereof which is subject to a Fee Deferment Agreement for development, without being required to pay the fees for the excluded parcel or any portion thereof.
(H) If after having entered into a Fee Deferment Agreement with respect to an excluded parcel or a portion thereof, the owner thereof makes application to the city for the recordation of a final subdivision map or a final parcel map for a portion of the excluded parcel or the portion thereof (the larger portion thereof) which is subject to the Fee Deferment Agreement, the fees for the portion of the excluded parcel to which the final subdivision map or parcel map for which application is made relates shall be determined as herein above provided and the owner shall either pay such fees or enter into a Fee Deferment Agreement for such portion, and the amount of such fees shall, in either event, be deducted from the fees provided for in the Fee Deferment Agreement first entered into with respect to the excluded parcel or the larger portion thereof.
(`78 Code, § 16.24.166.) (Ord. 1744 § 3, 1984.)