(a) The property owner or applicant for new development may appeal the following administrative acts, as provided for in subsection (c), below:
(1) The applicability of a transportation impact fee to the development;
(2) The amount of the transportation impact fee due;
(3) The availability of, the amount of, or the expiration of a credit;
(4) The application of a credit against a transportation impact fee due;
(5) The amount of the transportation impact fee in proportion to the benefit received by the new development;
(6) The amount of a refund due, if any; or
(7) The availability of a discount against the collection of transportation impact fees.
(b) The burden of proof shall be on the appellant to demonstrate that relief should be granted by the city.
(c) The appellant must file a written notice of appeal with the Director of Development Services within 30 days following the decision appealed from. The Director or his or her designee may resolve the appeal if the appellant agrees with the Director's decision, or refer the matter to the City Manager for decision with the Director's recommendation. If the appellant disagrees with the City Manager's decision, the appellant may request city council review after receiving the manager's written decision. City council review shall be requested within 30 days from the date the appellant has received the manager's decision. The city secretary shall schedule a public hearing to be held within 30 days of the date the request for city council review has been received, unless otherwise mutually determined, at which the appellant may present testimony and evidence before the city council. The city council may act at the time of the public hearing and must act on the appeal no later than 30 days after the public hearing.
(d) If the notice of appeal is accompanied by a payment or other security satisfactory to the Director, in an amount equal to the original determination of the transportation impact fee due, the city shall process and may issue a building permit if all other requirements are met while the appeal is pending.
(Ord. 18083, § 1(1-18), passed 5-13-2008, eff. 7-1-2008; Ord. 25810-10-2022, § 2, passed 10-25-2022, eff. 11-1-2022)