(A) A subdivider subject to a fee established pursuant to this subchapter may apply to the Director of Public Works for a reduction, adjustment, or waiver or any one or more of the fees, or any portion thereof, based upon the absence of a reasonable relationship or nexus between the impacts of the subdivider's development project and either the amount of the fee charged or the type of public infrastructure to be financed, or both. The application shall state in detail the factual basis for the claim of reduction, adjustment, or waiver, and shall include any and all written materials which the landowner deems appropriate in support of the application.
(B) The application shall be made in writing and filed with the Director at or before the time required for the filing of protests under Government Code Sections 66020 and 66021. For purposes of determining the applicable limitations period set forth in Government Code Section 66020, the date of the imposition of fees under this subchapter shall be the date of the earliest discretionary approval by the city of the subject development project. In the case of a development project where no discretionary approval is granted by the city, the date of the imposition of the fees under this subchapter shall be the date of the earliest ministerial approval by the city of the subject development project. The application shall be accompanied by the payment of a filing fee in an amount established by the City Council. The applicant shall be liable for the actual cost of the city in processing and ruling upon the application to the extent such cost exceeds the filing fee. Such excess amount may be deducted from any refund found due and owing to the applicant or may be added to the amount of development impact fees to be due or owing from the applicant, as the case may be.
(C) Notwithstanding the filing of an application and the pendency of any hearing or procedure under this section, the subdivider shall pay the development impact fees originally determined by the city in a timely manner pursuant to § 33.074. Such payment shall be deemed to be a payment under protest pursuant to Government Code Sections 66020 and 66021.
(D) An application for a reduction, adjustment, or waiver or any one or more of the fees, or any portion thereof, shall be reviewed by the Director of Public Works. The Director of Public Works shall approve a fee adjustment application only if he or she determines that there is the absence of a reasonable relationship or nexus between the impacts of the subdivider's development project and either the amount of the fee charged or the type of public infrastructure to be financed, or both. No formal public hearings need be conducted nor any notice given except to the applicant in connection with the granting or denial of such a fee adjustment application. The decision of the Director of Public Works shall be final and not appealable, except as provided in § 33.079.
(E) The protest procedures set forth in this section are administrative procedures which must be exhausted prior to the institution of any judicial proceeding concerning the fees protested. Any petition seeking judicial review of a decision by the City Council shall be made under Code of Civil Procedure § 1094.5 and shall be filed by or before (1) 90 days following the date of which such decision is mailed to the applicant or (2) the expiration of the limitation period set forth in subsection (d) of Government Code Section 66020, whichever occurs later.
(Ord. 1463, passed 5-17-06)