Notwithstanding any other provision of the Sacramento City Code, the city may defer payment of a city fee on a project in accordance with the following criteria and conditions:
A. Application. A developer who wishes to participate in the program must pay a filing fee in an amount established by resolution of the city council and submit an application to the city's community development department.
B. Approval. A developer of a project may participate in the program if the city manager approves the developer's application. The city manager shall not approve an application unless the following requirements are met:
1. The project is on a site within the city;
2. All payments of taxes and assessments on the project site are current;
3. The developer has all necessary land-use entitlements for the project;
4. The developer passes any risk assessment the city conducts to determine the developer's ability to pay all deferred city fees when due. At the city manager's discretion, the risk assessment may also cover the developer's affiliates. The risk assessment may include but is not limited to the following criteria:
a. Neither the developer nor any of the developer's affiliates has had a foreclosure on any property during the four years preceding submission of the application;
b. Neither the developer nor any of the developer's affiliates has had a bankruptcy filing in the four years preceding submission of the application;
c. Neither the developer nor any of the developer's affiliates is subject to an outstanding civil judgment;
5. The city manager determines that deferral of city fees on the project will not endanger the public health, safety, or welfare;
6. The developer executes a deferral agreement that complies with section 18.52.030;
7. The developer has provided the city with evidence confirming to the city manager's satisfaction that the developer has satisfied all requirements for participation in the program. (Ord. 2017-0017 § 1; Ord. 2008-052 § 2)