(A) Development fees shall be imposed as a condition of approval of a development project. No tentative subdivision map or final map or parcel map, grading permit, building permit, final inspection, final approval, or certificate of occupancy shall be approved, made or issued unless the provisions of this section have been fulfilled. An inspection or approval shall be deemed “final” if the inspection or approval is the last one to be performed for the project by the city.
(B) For development projects for which the city issues a building permit, development fees shall be calculated and collected at the time of issuance of the building permit, based on the development fee schedule then in effect. For development projects for which the city does not issue a building permit, development fees shall be calculated and collected, based on the development fee schedule then in effect, at the time of collection by the city of any other fee, at the time of issuance by the city of any other permit, certificate or approval, or at the time of performance by the city of any inspection of the project, which time shall be selected by the director of public works.
(C) Notwithstanding subsection (B) above, planned water facilities fees and planned wastewater facilities fees for residential development projects shall be calculated and collected at the time of application for connection to the utility system. For all development projects already connected to the utility system, such fees based solely on an increase in water meter size or a change in use shall be calculated and collected prior to installation of the larger meter or making a change in use.
(D) The city council has determined that the adoption and annual update of the capital improvement plan, together with the adoption of any applicable master plans, constitutes the adoption of a proposed construction schedule or plan for the public improvements or facilities for which development fees are imposed by this article on residential development. The requirement of payment of such fees by residential development at the time provided in subsection (B) above is, therefore, in accordance with Cal. Gov’t Code, Section 66007, Subdivision (b).
(E) Notwithstanding subsection (B) above, 50% of the amount by which planned traffic circulation facilities fees exceed credits for the provision of planned traffic circulation facilities must be paid prior to issuance of a building permit for a development project. The remaining amount must be paid prior to the sale or transfer of all or any part of the project or issuance of any temporary or permanent certificate of occupancy for all or any part of the project, whichever first occurs.
(F) If the developer, prior to the date upon which fees are otherwise required to be paid under this section, enters into a written agreement with the city providing that at least 20% of the units in the development will be sold or rented only to lower income families or that at least 10% of the units in the development will be sold or rented only to very low income families, as defined in Cal. Health and Safety Code, Sections 50079.5 and 500105 respectively, at housing costs affordable to such families, as defined in Cal. Health and Safety Code, Sections 50052.5 and 50053, for a period of at least ten years from the date of such written agreement, the city council may, in such written agreement or in a separate written agreement entered into prior to the date upon which fees are otherwise required to be paid under this division, agree to do either or both of the following:
(1) Defer payment of all or part of the fees required by this section up to the date that the developer first requests electrical service clearance for a unit in the development;
(2) Calculate development fees for the project based on such fees in effect as of a date no earlier than the date such fees otherwise would be required to be paid under this section.
(`64 Code, Sec. 27-88.8) (Ord. No. 2258, 2284, 2590, 2979)