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Any person subject to the fees imposed by this chapter may apply in writing to the City Council for a reduction, adjustment, or waiver of the fee based on any one or more of the following factors: (1) that there is an alleged absence of reasonable relationship or nexus between the impacts of that development and the amount of the fee charged or the type of facilities to be financed by the TIF as identified in the T-CIP; (2) that the city has incorrectly calculated the TIF owed; or (3) that the law otherwise requires the relief sought.
(A) The appeal application shall be made in writing and filed with the City Clerk during regular business hours as posted not later than ten days after the city issues the statement of the fees owed applicable to the project.
(B) The appeal application shall state in detail the factual basis, pursuant to this section, for the claim of waiver, reduction or adjustment. The City Council shall consider the application at a duly-noticed public hearing within 60 days after the filing of the fee adjustment application. The City Council shall issue a written decision on the appeal not more than 30 days following the closure of the public hearing. The decision of the City Council shall be final.
(C) If a reduction, adjustment or waiver is granted, any change in use within the project that will intensify the impacts of the original project shall invalidate the waiver, adjustment or reduction of the fee.
(Ord. 2019-05 § 7, 2019)
The amount of the fees imposed by this chapter may be adjusted annually for inflation on each July 1 by the annual percentage change in the California Construction Cost Index (CCCI), or any similar successor index, over the previous 12-month period as specified in the resolution that adopts the fee amount or based on the change in costs based on the periodic update of the T-CIP prepared and adopted pursuant to this chapter and the Mitigation Fee Act.
(Ord. 2019-05 § 7, 2019)
The city shall collect and expend revenue collected pursuant to this chapter only for the purposes, and within the time, permitted by this chapter and the Mitigation Fee Act. Revenue collected shall be separately accounted for and held pursuant to the requirements of Cal. Gov't Code § 66006 or any successor statute.
(Ord. 2019-05 § 7, 2019)