(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)