A. Except as otherwise provided by the provisions of this section or any amendment or resolution adopted hereunder, the city shall impose the impact fee as a condition of approval of all new development or development projects.
B. In the case of non-residential new development or development projects, the impact fees shall be paid prior to the issuance of a building permit for construction of any part of the project.
C. Unless earlier payment is permitted pursuant to the provisions of Government Code Section 66007, or any applicable successor statute, the impact fees for residential developments shall be paid on the date of the final inspection or on the date the certificate of occupancy is issued, whichever date occurs first.
D. In no event shall a certificate of occupancy be issued for a new development or development project without payment of the impact fees.
E. Whenever impact fees are imposed pursuant to this section, the city shall provide each applicant for a development permit with a notice in writing at the time of the approval of the development permit or at the time of the imposition of the impact fees, a statement of the amount of the fees and notification of the ninety (90) day approval period in which the applicant may protest the fees. Said notice shall be in substantially the following form:
"The conditions of project approval for your project, identified as ____________________________, include certain fees, dedication requirements, reservation requirements and/or other exactions more specifically described as: _______(identification of the amount of the Impact Fee and/or description of the dedications, reservations or other exactions ___. The applicant is hereby notified that the 90-day protest period to challenge such items has begun as of the date of the project approval or the date of the Impact Fee imposition, which was ___________. If the applicant fails to file a protest regarding any of the fees, dedications, reservations or other exaction requirements as specified in Government Code Section 66020, the applicant shall be legally barred from later challenges."
(Ord. 2008-03 § 2 (part), 2008)