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(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)
(A) The city shall deposit development fees received with other fees for the same type of capital improvement in a separate capital improvement account in a manner to avoid commingling of the fees with other city revenues and funds, except for temporary investments, and shall expend the fees solely for the purpose for which they were collected.
(B) Any interest income earned by money in the capital improvement account shall also be deposited in that account and expended only for the purpose for which the fees were collected.
(C) For each separate development fee account, the director of finance shall, within 180 days of the close of each fiscal year, make available to the public the following information:
(1) Brief description of the type of fee in the account or fund.
(2) Amount of the fee.
(3) Beginning and ending balance in the account or fund.
(4) Amount of the fee collected and the interest earned.
(5) Identification of each public improvement for which fees were expended and the amount of expenditures.
(6) Identification of an approximate date by which time construction on the improvement will begin if it is determined that sufficient funds exist to complete the project.
(7) Description of each inter-fund transfer or loan made from the account and when each will be repaid.
(8) Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.
(D) The city council shall review the information referred to in subsection (C) of this section at the next regularly scheduled public meeting held not less than 15 days after the information is made available.
(`64 Code, Sec. 27-88.9) (Ord. No. 2258, 2979)
(A) Development fees shall be expended only for the type of capital improvement for which they were imposed, calculated, and collected and shall be expended or committed in accordance with the time limits and procedures established in this article. Development fees may be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the city to finance such capital improvements.
(B) Development fees shall not be expended to maintain, repair or operate capital improvements.
(`64 Code, Sec. 27-88.10) (Ord. No. 2258, 2979)
The city shall expend or commit development fees deposited in the development fee account within five years from the date of deposit into the fund, except as provided in section 15-177(B).
(`64 Code, Sec. 27-88.11) (Ord. No. 2258, 2979)
(A) Once each fiscal year, the city council shall identify all unexpended or uncommitted development fees in each development fee account.
(B) With respect to any portion of development fees unexpended or uncommitted five or more years after deposit in a development fee account, the city council shall make findings once each fiscal year to identify the purpose to which the fee is to be put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged. Such findings need be made only for money, and not for letters of credit, bonds or other instruments taken to secure payment of the fees at a future date. If the city council makes such findings, the fees are exempt from the refund requirements.
(C) The city shall refund to the then current record owner or owners of lots or units of the development project or projects on a prorated basis the unexpended or uncommitted portion of the fee, and any interest accrued thereon, for which need cannot be demonstrated pursuant to subsection (B).
(D) If the city council finds that the administrative costs of refunding unexpended or uncommitted development fees exceed the amount to be refunded, the city council, after a public hearing, notice of which shall be published in accordance with Cal. Gov’t Code, Section 6061 and posted in three prominent places within the area of each development project subject to a refund, may determine that the revenues shall be allocated for other capital improvements for which development fees are collected and which serve the development projects on which the fee was originally imposed.
(E) The city may refund the unexpended or uncommitted portions of development fees by direct payment, by temporarily suspending fees, by offsetting the refunds against other development fees due for development projects on the property, or by other means agreed to by the property owner.
(`64 Code, Sec. 27-88.12) (Ord. No. 2258, 2979)
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