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A. A developer shall be entitled to a reduction in the amount of the component of the development impact fees required by Sections 16.36.020 and 16.36.030, if the developer constructs public facilities, relating to that component, pursuant to the city's capital improvement plan and the public facilities constructed are those for which the capital improvement plan designates development impact fees as the funding source. The specific component of the development impact fees which would have funded the improvement when installed shall be reduced by the amount of engineering and construction costs that would be reasonably incurred by the city in building those same public facilities. The amount of the reduction in the development impact fee component shall be subject to approval by the development services director prior to construction of the development. In no case shall the reduction in a specific development impact fee component (i.e. streets and minor bridges, storm drainage, etc.) be greater than the amount assessed to the developer for that specific component; nor shall fees from one component be transferred to another component to offset public facility improvements constructed by the developer that exceed the assessed amount.
B. If a developer constructs off-site public facilities pursuant to the city's capital improvement plan, and if the city's engineering and construction costs to construct those same public facilities would have been more than the public facilities development impact fees assessed to that developer pursuant to Sections 16.36.020 and 16.36.030, then nothing in this section shall prevent the city from entering into a reimbursement agreement with that developer, subject to the availability of funds.
(Ord. 196 § 1 (part), 1998)
A. Application for Fee Reduction.
1. Any developer whose development is subject to the public facilities development impact fee required by this chapter may apply to the development services director for a reduction in that fee based upon the demonstrable absence of a reasonable relationship between the impact of that development on the city's public facilities and either the amount of public facilities development impact fee charged, or the type of public facilities improvements to be constructed and/or purchased. The application shall be made in writing and filed with the development services director no later than ninety (90) days after approval of the development. If no application for discretionary review is required for the development, then the application shall be made in writing and filed within ninety (90) days after the city issues a building permit for the development. The application shall state in detail the factual basis for the request for reduction. Failure to file a timely application for reduction deprives the director of jurisdiction to consider the application. The director shall make a decision on the application for reduction within thirty (30) calendar days after the application has been filed. Notice of the director's decision shall be mailed to the applicant, postage paid.
2. Any developer whose development is subject to the public facilities development impact fee required by this chapter, including a developer who, in connection with the development, has constructed or financed regional or regionally significant public facilities substantially similar to those facilities that are listed or otherwise identified in the city's capital improvement plan, either through participation in a special district (e.g., a community facilities district or a special assessment district) or as a result of conditions of approval for the development, may apply to the development services director for a reduction in that fee. The application shall be made in writing and filed with the development services director no later than ninety (90) days after the effective date of this section or ninety (90) days after the city issues a building permit for the development, whichever is later. The application shall state in detail the factual basis for the request for reduction. The city shall consider entering into an agreement, or modifying an existing agreement, with any developer applying for a reduction pursuant to this subsection.
B. Appeal from Director's Decision.
1. Any decision of the development services director under subsection 16.36.050(A) may be appealed to the city council by filing an application for appeal with the city clerk. The application must be filed within fifteen (15) calendar days after notice of the director's decision has been mailed to the applicant; provided, however, that if the fifteen (15) days expire on a day when Murrieta City Hall is not open for business, then the appeal period shall be extended to the next business day.
2. Failure to file a timely appeal application deprives the city council of jurisdiction to hear the appeal.
3. The city council shall consider the appeal at a public hearing to be held within forty-five (45) calendar days after the appeal application is filed. Notice of public hearing pursuant to Chapter 16.76 of the Murrieta Municipal Code shall not be required for an appeal of development impact fees.
C. Allocation of Fee Reductions or Credits. Any fee reductions or fee credit granted pursuant to this chapter shall be applied only to that component of the public facilities development impact fee which would have funded the improvement upon which the reduction or credit is based or for which a fee reduction was granted pursuant to subsection 16.36.050(A)(1).
D. Processing of Protests. The procedure set forth in this section shall implement Government Code Section 66020, or its successor, and shall serve as the city's method for processing protests filed pursuant to that section. Prior to the effective date of the approval of the development, or, if no discretionary approval is revoked, prior to the issuance of a building permit, a developer that is subject to this chapter shall sign a statement acknowledging the imposition of a public facilities development impact fee upon that developer's development. Such acknowledgment shall not be deemed a waiver of the developer's right to protest the imposition and to request a fee adjustment pursuant to this section.
(Ord. 196 § 1 (part), 1998)
All public facilities development impact fees paid and collected pursuant to this chapter shall be placed in one or more funds and used solely for the purpose of constructing, expanding or rehabilitating the public facilities specified in the resolution establishing the fee and described in the city's capital improvement plan.
(Ord. 196 § 1 (part), 1998)
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