Loading...
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)
A developer seeking to proceed with his or her project during the pendency of an application for adjustment or waiver or a finding of exemption or during the pendency of an appeal may do so by following the procedures set forth in § 66020 of the Government Code.
(Ord. 754 C.S., passed 6-18-03)
Loading...