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(A) Any applicant subject to a development fee imposed pursuant to this article who dedicates real property or interests therein to the city for the construction of capital improvements or who constructs, escrows money with the city for the construction of, agrees to participate in an assessment district for the construction of or who otherwise contributes funds for capital improvements may be eligible for a credit for such dedication, construction or contribution against the development fee otherwise due.
(B) Eligibility for, and the amount of, the credit shall be determined by the director of public works based on adopted city standards and procedures, including, but not limited to, whether the dedication, construction or contribution meets capital improvement needs for which the particular development fee has been imposed, as provided in this article and the capital improvement plan or applicable master plan; whether the dedication, construction or contribution will substitute for or otherwise reduce the need for or cost of capital improvements anticipated to be provided with development fee funds; and the value of the dedication, construction or contribution. In no event, however, shall the credit exceed the amount of the otherwise applicable development fee.
(C) If the cost of construction exceeds the fee credits, the developer may receive a reimbursement as determined by the director of public works based on adopted city standards and procedures, including, but not limited to, whether the dedication, construction or contribution meets capital improvement needs for which the particular development fee has been imposed, as provided for in this article and the capital improvement plan or applicable master plan; whether the dedication, construction or contribution will substitute for or otherwise reduce the need for or cost of capital improvements anticipated to be provided with development fee funds; and the value of the dedication, construction or contribution. In no event, however, shall the reimbursement exceed the lesser of the estimated cost of the improvements shown in the city’s development impact fee nexus study, subject to inflation factors, or the actual cost incurred.
(`64 Code, Sec. 27-88.13) (Ord. No. 2258, 2979)
(A) The applicant may appeal any decision of a city official to the city council, including, but not limited to, calculation of the amount of the development fee, the number of development units, reimbursement due, applicability of an exemption, and eligibility for and amount of a credit or refund.
(B) In order to perfect an appeal, the applicant must file a notice of appeal with the city clerk within ten days following the action of the city official that is the basis of the appeal. The notice of appeal shall include, at a minimum:
(1) Name and address of applicant/agent;
(2) Description, location and size of the affected property;
(3) Land use proposed for the affected property;
(4) Number of residential units proposed, by type and/or number of square feet of nonresidential development by type;
(5) The particular circumstances giving rise to the appeal;
(6) The city official whose action is being appealed;
(7) The grounds for the appeal, i.e., why the city official’s decision is erroneous; and
(8) Such other relevant information as may be requested by the city.
(C) The burden of proof shall be on the appellant to establish that the decision of the city official is erroneous pursuant to the express terms or intent of this article and applicable State law, including, but not limited to Cal. Gov’t Code, Sections 66000 et seq.
(D) The city council shall schedule the appeal to be heard at a regular or special meeting to be held not more than 45 days after the filing of the notice of appeal by the appellant. At least 20 days prior to the hearing date, the city shall notify the appellant of the hearing date by certified mail, return receipt requested, at the address stated on the notice of appeal.
(E) The hearing on the appeal shall be administrative. Evidence may be submitted by the appellant and by the city. Testimony shall be under oath. The city council shall make written findings of fact and conclusions of law after the close of the hearing. However, if the city clerk determines from the notice of appeal or from relevant city documents that the appeal is improper, the city, within 20 days after receipt of the notice of appeal, shall reject the notice of appeal, stating the grounds therefor and notifying the appellant by certified mail, return receipt requested.
(F) A request for a continuance of the hearing may be made by the city council on its own motion or at the request of the appellant. If requested by the appellant, the city council shall determine whether a continuance should be granted.
(G) Within 30 days after the close of the administrative hearing, the city council shall render its decision, in writing, and notify the applicant of such decision by certified mail, return receipt requested, at the address listed on the notice of appeal.
(H) The findings of fact and conclusions of law shall be completed not later than 10 days following the decision of the city council and shall be filed with the city clerk. Upon the request of the applicant, the findings of fact and conclusions of law shall be sent to the applicant.
(I) Upon the filing of the findings of fact and conclusions of law with the city clerk, the decision of the city council shall be deemed to be final.
(J) Any petition for judicial review of the city council’s final decision shall be filed not later than 90 days following the date on which the decision becomes final, and shall be made in accordance with Cal. Code of Civil Procedure, Sections 1094.5 and 1094.6.
(K) If the development fee has been paid in full or if the notice of appeal is accompanied by a cash deposit, letter of credit, bond or other surety acceptable to the city attorney, in an amount equal to the development fee calculated to be due, the application for development project approval shall be processed. The filing of a notice of appeal shall not stay the imposition or the collection of the development fee calculated by the city to be due unless sufficient and acceptable surety has been provided.
(L) If, as a result of an appeal pursuant to this section or judicial review pursuant to section 15-180, a development fee is reduced or waived, the city council may determine whether and how such reduction or waiver may affect the development fee calculation methodology. If the city council determines that capital improvement needs are correspondingly reduced, the city council may amend the capital improvement plan, the applicable master plan, the development fee calculation methodology, the applicable development fee, or take such other action as it may deem appropriate. If the city council determines that capital improvement needs remain the same, the city council shall appropriate funds in an amount equal to the reduction or waiver of the development fee and shall deposit same to the applicable development fee account or take such other action as it may deem appropriate.
(`64 Code, Sec. 27-88.14) (Ord. No. 2268, 2979)
(A) An applicant may seek judicial review of:
(1) A final decision by the city council on an administrative appeal, pursuant to section 15-179;
(2) The adoption, by resolution or ordinance, of a new development fee or the amendment of an existing development fee or the automatic adjustment of development fee if such adjustment results in a fee increase, pursuant to this section and Cal. Gov’t Code, Section 66022;
(3) The imposition of a development fee as a condition of development approval, pursuant to this section and Cal. Gov’t Code, Section 66020.
(B) The applicable time periods for and conditions precedent to the filing of an action for judicial review are:
(1) Appeal from a final decision of the city council not later than 90 days following the date on which the decision becomes final;
(2) Adoption of a development fee ordinance or amendment not later than 120 days following the effective date of the ordinance or resolution. However, if the development fee has been directly imposed as a condition of development approval and is challenged as a special tax, the appellant must, at least 30 days prior to initiating legal action, request that the city provide the documents which establish that the development fee does not exceed the cost of the capital improvements. The requirement for this request is a condition precedent to an action challenging the development fee as a special tax, but does not alter the applicable time period for filing an action for judicial review of the fee ordinance or amendment, pursuant to Cal. Gov’t Code, Section 66024;
(3) Imposition of the development fee as a condition of development approval if a protest is timely filed pursuant to this section and Cal. Gov’t Code, Section 66020, not later than 180 days after the date of imposition; if a protest is not timely filed pursuant to this section and Cal. Gov’t Code, Section 66020, not later than 90 days following imposition.
(C) Any party may protest the imposition of a development fee pursuant to Cal. Gov’t Code, Sections 66020 and 66021.
(1) If payment of the development fee has been imposed as a condition of development project approval, the protest shall be filed at the time of such approval or conditional approval of the proposed project;
(2) If the development fee has not been calculated and payment is now required, the protest shall be filed within 90 days after the date of collection;
(3) A valid protest must meet both of the following requirements:
(a) The applicant must tender any required payment in full or provide evidence satisfactory to the city attorney of arrangements to ensure performance of the conditions necessary to meet the requirements of the imposition;
(b) The applicant must serve written notice on the city council, which notice shall contain:
1. A statement that the required payment is tendered, or that any conditions which have been imposed are provided for or satisfied, under protest; and
2. A statement informing the city council of the factual elements of the dispute and the legal theory forming the basis of the protest.
(4) If a valid and timely protest is filed by an applicant, the city council shall schedule a hearing date, at a regular or special meeting, not more than 45 days after the filing of the protest. The city shall notify the protestant of the hearing date by certified mail, return receipt requested, at the address listed on the protest petition at least 20 days prior to the hearing date. However, if it is determined from the protest petition or from relevant city documents that the protest is improper, the city, within 20 days after receipt of the protest petition, shall reject the protest petition, stating the grounds therefor and notifying the protestant by certified mail, return receipt requested.
(5) The hearing of the protest shall be administrative. Evidence may be submitted by the protestant and by the city. Testimony shall be under oath. The city council shall make written findings of fact and conclusions of law after the close of the hearing.
(6) A request for continuance of the hearing may be made by the city council on its own motion or at the request of the protestant. If requested by the protestant, the city council shall determine whether a continuance should be granted.
(7) Within 30 days after the close of the administrative hearing, the city council shall render its decision, in writing, and notify the applicant of such decision by certified mail, return receipt requested at the address listed on the protest petition.
(8) The findings of fact and conclusions of law shall be completed not later than 15 days following the decision of the city council and shall be filed with the city clerk. Upon the request of the applicant, the findings of fact and conclusions of law shall be sent to the applicant.
(9) Upon the filing of the findings of fact and conclusions of law with the city clerk, the decision of the city council shall be deemed to be final.
(10) Any petition for judicial review of the city council’s final decision on the protest shall be filed not later than 90 days following the date on which the decision becomes final, and shall be made in accordance with Cal. Code of Civil Procedure, Sections 1094.5 and 1094.6.
(`64 Code, Sec. 27-88.16) (Ord. No. 2258, 2979)
This article shall not affect, in any manner, the permissible uses of property, density or intensity of development, design and improvement standards and public improvement requirements or any other aspect of the development of land or construction of buildings, which may be imposed by the city pursuant to zoning ordinances, subdivision ordinances or other ordinances or regulations of the city.
(`64 Code, Sec. 27-88.17) (Ord. No. 2258, 2979)
Specific development fees imposed by divisions 2, 3, 4, 5 and 6 of article VI of the code reflect a development’s proportionate share of the cost of providing improvements necessary to meet demands created by such development at established city service level standards. As such, development fees are additional and supplemental to, and not in substitution of, either onsite improvement requirements or offsite improvement requirements imposed by the city pursuant to zoning, subdivision or other ordinances and regulations.
(`64 Code, Sec. 27-88.18) (Ord. No. 2258, 2979)
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