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A. The city manager shall determine and calculate the fees required by this chapter for each development project in accordance with the applicable finance plans or nexus studies.
B. Fees shall be computed based on the primary uses of the development project and the rates specified for those uses by the finance plan or nexus study.
C. Area associated with an ancillary use shall be included in the commercial building area of the primary use. Warehouses may include no more than 25 percent of the building area as an ancillary office use.
D. For projects with multiple primary uses, fees shall be computed by applying the applicable fee rate to the total residential units or total commercial building area for each primary use. (Ord. 2017-0010 § 1)
A. Except as otherwise provided in subsection B or by any written policies, guidelines, or procedures the city council may establish for deferring payment, the fees imposed on a development project must be paid when the first building permit for the project is issued or, for maps, at the earliest of the recording of a parcel map, master parcel map, or final map. If a building permit is not required for the project, then the fees must be paid when an encroachment permit or other applicable permit is issued.
B. In accordance with California Government Code section 66007, when a fee is imposed on a residential development project, the fee must be paid on the date of the final inspection or the date the certificate of occupancy is issued, whichever occurs first, unless subsection C applies.
C. Subsection A, and not subsection B, applies when fees are imposed on a residential development project and either:
1. The city manager determines that the specific infrastructure fund required by this chapter has been established, that funds for the infrastructure have been appropriated, and that the city has adopted a proposed construction schedule or plan for the infrastructure; or
2. The fee is to reimburse the city for expenditures previously made.
D. The city shall collect the fees and deposit them in the appropriate infrastructure fund.
E. If a building permit expires under subsection A of section 15.08.140 because the building or work authorized by the permit is not commenced within 180 days after the date of the permit, then the permit holder is entitled to a refund, subject to the following:
1. The permit holder must submit a written refund application to the city manager within 90 days after the building permit expires; and
2. The amount refunded will not include interest and will not include the administrative component of the fee, which reimburses the city's costs to administer the applicable fee.
F. Failure to timely submit an application for a refund is an absolute and unconditional waiver of any right to a refund. Fees not refunded can be used as credits as provided for in section 18.56.125. (Ord. 2017-0010 § 1)
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