(A) A developer of any project subject to the fee established by this chapter may apply to the director for a reduction or adjustment to the fee based upon the absence of any reasonable relationship or nexus between the impacts of the project and either the amount of the fee or the facilities to be financed by the fee. The application shall be made in writing and filed with the director not later than twenty (20) calendar days after notification of the amount of the fee. The application shall state in detail the factual basis for the claim of reduction or adjustment and the amount of the proposed reduction or adjustment. The director shall consider the application and render his decision in writing not later than forty five (45) calendar days after the filing of the fee adjustment request. Any person aggrieved by the decision of the director may, within twenty (20) calendar days thereafter, appeal the decision in writing to the city council by filing an appeal with the city clerk. The city council shall consider such appeals within forty five (45) calendar days after filing. The decision of the city council shall be final. No building permit shall be issued for the project until the final decision pursuant to this section has been made. No application for a project shall be considered final or complete for purposes of the permit streamlining act 1 , or any other purpose, until a final decision pursuant to this section has been made.
(B) Notwithstanding the provisions of subsection (A) of this section, a project proponent or applicant may pay the fee under protest and receive a building permit. Provided, however, that the application for reduction or adjustment shall thereafter be filed within ten (10) calendar days or any objection shall be deemed waived. If a reduction or adjustment is received after payment pursuant to this subsection is made, a refund to the applicant shall be made of that amount by which the fee is reduced or adjusted.
(C) The project proponent or applicant applying for a reduction or adjustment shall have the burden of proof, by a preponderance of the evidence, that a reasonable relationship or nexus is lacking between the fee, or the facilities to be financed by the fee, and the particular project.
(D) In the event of any reduction or adjustment in the fee granted pursuant to this section, any later change in the use, zoning or land use designation for the property involved shall subject the then owner to payment of the then applicable fee for such new uses, zoning or land use designation, whether or not a building permit is required. (Ord. 1461, 7-11-1989)
Notes
| 1 | 1. Gov. C. §65920 et seq. |