A. A landowner subject to the school facilities fee may apply to the city director of public works, or his or her designee (for purposes of this section, the "director"), for a reduction, adjustment, or waiver of the fee, or any portion thereof, based upon the absence of a reasonable relationship or nexus between the impacts of the landowner's development project and either the amount of the fee charged or the type of public facility to be financed, or both. The application shall state in detail the factual basis for the claim of reduction, adjustment, or waiver, and shall include any and all written materials which the landowner deems appropriate in support of the application. The director shall provide a copy of the application to the school districts as soon as is practicable and the school districts, or any one or more of them, shall have an opportunity to submit responses to the same prior to the time set for the informal hearing to be held pursuant to subsection D of this section. Failure by the school districts to submit a timely response to the application may result in the granting thereof.
B. The application shall be made in writing and filed with the director at or before the time required for the filing of protests under Government Code Sections 66020 and 66021. For purposes of determining the applicable limitations period set forth in Government Code Section 66020, the date of the imposition of the fees under this chapter shall be the date of the earliest discretionary approval by the city of the subject development project which conditions the development project upon payment of the school facilities fee. The application shall be accompanied by the payment of a filing fee in an amount established by the city council. The applicant shall be liable for the actual cost of the city in processing and ruling upon the application to the extent such cost exceeds the filing fee. Such excess amount may be deducted from any refund found due and owing to the applicant or may be added to the amount of the fee found to be due or owing from the applicant, as the case may be.
C. Notwithstanding the filing of an application and the pendency of any hearing or procedure under this section, the landowner shall pay the school facilities fee originally determined by the city in a timely manner pursuant to Section 18.24.670 of this chapter. Such payment shall be deemed to be a payment under protest.
D. The director shall consider the application and the response thereto by the school districts at an informal hearing held within sixty (60) days after the filing of the fee adjustment application. The decision of the director shall be final and not appealable, except as provided in subsections G and H of this section. The director shall make his or her determination of the fee adjustment within fifteen (15) days from the date of the informal hearing or the date on which said director sets for the submission of additional engineering or other studies, other information, or additional calculations as found necessary by the director during the course of the informal hearing. Applicant's failure to submit, on a timely basis, additional information requested by the director may result in a denial of the application. The applicant shall be notified of the director's decision, in writing, by the mailing of such decision by first-class mail, postage prepaid, and addressed to the address provided by the applicant.
E. The director shall consider the following factors in his or her determination whether or not to approve an application:
1. The substance and nature of the evidence presented by the applicant;
2. The facts, findings and conclusions stated in the North Natomas community plan, the North Natomas financing plan and the school fee analysis, including technical information, studies, and reports contained within and supporting said plans and study, together with findings supporting the resolution setting the amount of the fee or fees in question. The applicant must present comparable technical information, studies, and reports to demonstrate that the fee is inappropriate for the particular development involved.
F. If the application is granted, any change in use within the particular development involved in an application shall invalidate the reduction, adjustment, or waiver of the fee if such change in use would render the same inappropriate.
G. Within ten (10) days of the date of the mailing of the decision of director's decision, an applicant or any affected school district may appeal the director's decision to the city council, by filing a notice of appeal with the city clerk. The provisions of Chapter 1.24 of this code shall govern the appeal to the city council. In reaching its decision, the city council shall consider the factors set forth in subsections A and E of this section. The decision on the appeal shall be mailed within five days following the hearing held pursuant to this section by first-class mail, postage prepaid, and addressed to the address provided by the applicant. The decision of the shall be final and not appealable, except as provided in subsection H of this section.
H. The protest procedures set forth in this section are administrative procedures which must be exhausted prior to the institution of any judicial proceeding concerning the fees protested. Any petition seeking judicial review of a decision by the city council shall be made under Code of Civil Procedure Section 1094.5 and shall be filed by or before (1) ninety (90) days following the date on which such decision is mailed to the applicant or (2) the expiration of the limitation period set forth in subsection (d) of Government Code Section 66020, whichever occurs later. For purposes of determining the applicable limitations period set forth in Government Code Section 66020, the date of the imposition of the fees under this chapter shall be the date of the earliest discretionary approval by the city of the subject development project. (Prior code § 84.05.513)