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The capital facilities fee revenues and all interest earned on deposited fee revenues shall be used only to:
(A) Fund new development's share of the costs of the construction or installation of the capital facilities and improvements identified in the Technical Report as funds are available in the required accounts or to reimburse the city for such construction or installation if funds were advanced by the city from other sources to pay new development's share of such costs; or
(B) Fund reimbursement, under the terms set forth in § 10-8.12; or
(C) Fund loans or transfers made in conformance with Government Code § 66006(b)(1)(G).
(Ord. 754 C.S., passed 6-18-03)
(A) As may be authorized by resolution of the City Council, following review and written report from city staff, capital facilities fee revenues may be used to reimburse a developer, upon his or her written request, under this section. A developer must obtain Council approval for reimbursement, by resolution, before any offer of dedication and before any construction begins for a public improvement, which may be the subject of a reimbursement request. Reimbursement shall only be approved by the City Council where all of the following four conditions are satisfied:
(1) Developer has been required or permitted to install and dedicate a public facility identified in the Technical Report which is oversized (including supplemental size, length or capacity) beyond that which can be attributed to the specific development installing the same;
(2) The facility for which reimbursement is sought is identified by the city as a priority project to be funded within the four-year period immediately following the completion of the facility;
(3) Revenues within the particular CFF account funding the facility are available; and
(4) The sum value of the facility(ies) constructed, based on the most current estimate of the infrastructure item (as defined by annual cost review or other recent evaluation of cost), exceeds the total capital facilities fee liability of the specific development installing the facility.
(B) Reimbursements shall not be authorized if the value of the constructed and dedicated improvement is below the total capital facilities fee liability of the project. Reimbursements for oversizing shall not be available as fee credits against a development's fee liability, except as provided in § 10-8.13.
(C) Reimbursements for oversizing shall include appropriate financing charges (interest) which shall be based upon the rate at which the city can borrow money at the time the reimbursement is approved by the City Council. Financing charges included in any reimbursement payments to a developer or property owner shall not exceed this interest rate, as calculated by the city's Finance Director.
(D) In the case of City Council approval of reimbursement, the reimbursement amount will be based on the most current estimate of the infrastructure item, as defined by annual cost review, other recent evaluation of cost, or actual costs as determined by the director.
(Ord. 754 C.S., passed 6-18-03)
(A) The Community Development Director is authorized to credit development fees imposed under this chapter in consideration for certain on-site and off-site facilities and improvements constructed or paid for by the developer. A developer is entitled to credit of the improvements in an amount not to exceed the amount of the applicable capital facilities fee if the improvement is identified by the city as a priority project to be funded within the four-year period immediately following the completion of the facility and the developer (1) dedicates an appropriate site, (2) constructs the improvements, (3) finances an improvement by cash, assessment district, or Mello-Roos Community Facilities District, or (4) a combination of the above.
(B) A decision regarding a fee credit is appealable under § 10-8.19.
(Ord. 754 C.S., passed 6-18-03)
The capital facilities fee authorized by this chapter and the implementing Council resolution(s), the accumulated fee funds and their appropriation, and supporting documentation, shall be reviewed annually by the City Council in a manner, which conforms with the requirements of §§ 60001(d) and 66006(b) of the Government Code.
(Ord. 754 C.S., passed 6-18-03)
The city shall not collect the capital facilities fee established by this chapter once funds sufficient to construct residential, commercial and industrial development's share of all facilities described in the then current Technical Report and its appendices have been collected.
(Ord. 754 C.S., passed 6-18-03)
The city charges developers other fees. If a developer has paid such fees and believes all or a portion of such fee payment is being used to fund improvements included under the capital facilities fee, he or she may request a refund or credit for overpayment by following the appeal procedures provided in § 10-8.19.
(Ord. 754 C.S., passed 6-18-03)
(A) The developer of a project subject to a development fee under this chapter may apply to the Community Development Director for an adjustment to or waiver of that fee or for a finding that the project is exempt from the fee. The waiver or adjustment of a fee shall be based upon the absence of any reasonable relationship between the impact on public facilities of that development and either the amount of fee charged or the type of facilities to be financed.
(B) The application shall be made in writing and filed with the Community Development Director no later than the time of the issuance of a building permit. The application shall state completely and in detail both the applicant's factual basis and legal theory for adjustment or waiver, and compare its proposal with the analysis set forth in the Technical Report prepared for the fee being challenged. The Community Development Director may refuse to consider factual assertions or legal theories not set forth in the written application.
(C) The Community Development Director shall consider the application at an informal hearing, which may be continued from time to time, and which shall be held within 60 days after the filing of the complete application. The decision of the Community Development Director is appealable under § 10-8.19.
(Ord. 754 C.S., passed 6-18-03)
The Community Development Director or the City Council under § 10-8.17 may require as a condition of adjustment, waiver or a finding of exemption that the developer provide a recordable document in a form acceptable to the Director acknowledging the factual basis of such adjustment, waiver or exemption and further acknowledging that a subsequent change of facts may result in the requirement that additional fees be paid.
(Ord. 754 C.S., passed 6-18-03)
(A) The Community Development Director is responsible for administering, collecting, crediting, adjusting and refunding development fees. A decision by the Community Development Director regarding a fee imposed under this chapter shall be appealable in accordance with this section. A person appealing under this section shall have first sought a fee credit under § 10-8.13, or an adjustment or waiver, or a finding of fee exemption under § 10-8.18. A person seeking judicial review shall first complete an appeal under this section and shall pay all city charges for that appeal.
(B) A person appealing a decision under this chapter shall file an appeal with the City Clerk, who is responsible for processing the appeal toward a hearing. The appeal shall be in writing, stating completely and in detail the factual and legal grounds, and shall be filed within 10 calendar days following the decision being appealed.
(C) The cost of the appeal shall be borne by the applicant, who shall pay a deposit against such cost at the time of filing the appeal. The amount of the deposit shall be established by resolution of the City Council. The cost of an appeal must be paid in full before the appeal hearing takes place.
(D) The City Clerk shall notify the City Administrator of the appeal, and the matter shall be placed before and heard by the City Council.
(E) The City Council shall set the time and place for the hearing, serve notice on the parties, conduct the hearing, prepare written findings of fact and a written decision on the matter, and shall preserve the complete administrative record of the proceeding. The City Council may issue directives, including but not limited to directives that legal briefs be submitted in accordance with an established briefing schedule, to the parties in order to facilitate resolution of the appeal. The City Council shall consider relevant evidence presented by the appellant and by the Community Development Department.
(F) The decision of the City Council is final and may not be further appealed; it is reviewable by a court under Code of Civil Procedure § 1094.5.
(Ord. 754 C.S., passed 6-18-03)
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