(a) The fee shall be paid as set forth in Chapter 16.64 of this code.
(b) A credit against the fee may be given for dedications of eligible citywide transportation enhancements constructed or provided at private expense and for the value of land dedicated to the city that is necessary or useful to an eligible citywide transportation enhancement. Such credit will be granted only if the city council determines that: (i) the city will experience a substantial cost savings or service quality improvement as a result of private construction or provision of the enhancement or the dedication of land, (ii) the enhancement can be expected to immediately and significantly relieve citywide traffic congestion, and (iii) the grant of the credit will not cause the city to delay the implementation of elements of the city’s transportation plan that are of higher priority, in the judgment of the city council, than the land or enhancement that will be dedicated. The credit shall be applied at the time the city accepts the land or enhancement. Where the city council has made the determinations required by this subdivision, payment of a portion of the fee equal to the amount of an expected credit against the fee may be deferred to the date of final building inspection approval of the development, provided the owner of the real property for which the fees are required enters into a recordable agreement with the city prior to issuance of the building permit for the development, which from the date of recordation, shall constitute a lien on the property and shall be enforceable against successors in interest to the property owner. The agreement shall provide that final occupancy approval shall not be given until the credit is applied and any remaining fees are paid. The agreement shall also provide that, in any action to collect the fees or any portion thereof, the city shall be entitled to all of its costs of enforcement and collection, including reasonable attorney’s fees. The director of planning and development services may execute the agreement on behalf of the city in a form acceptable to the city attorney. Any deferral granted pursuant to this paragraph (b) shall be consistent with the requirements of Government Code Section 66007. In no event shall a credit exceed the amount of the fee, and the city shall have no obligation to make payment to or otherwise compensate a developer or applicant if the value of the dedication exceeds the fee amount.
(Ord. 5494 § 3, 2020: Ord. 5463 § 2 (part), 2019: Ord. 5400 § 10, 2016: Ord. 4958 § 2 (part), 2007)