A. Beginning with the fifth fiscal year following the first deposit into an infrastructure fund, and in each succeeding fiscal year, the city council shall make the following findings with respect to the moneys in each infrastructure fund that remain unexpended, whether committed or uncommitted as of the date of the report:
1. A finding identifying the purpose to which the fee revenues and any interest earned on them are to be put;
2. A finding demonstrating a reasonable relationship between the fee and the purpose for which it is established;
3. A finding identifying all sources and amounts of funding anticipated to complete the financing of incomplete components of the applicable infrastructure; and
4. A finding designating the approximate dates on which the funding referred to in subsection A.3 is expected to be deposited into the applicable infrastructure fund.
B. The city council shall make the findings required by subsection A in connection with the information required by section 18.56.150.A. If the findings are not made as required by subsection A, then the city shall refund the moneys in the infrastructure fund in accordance with subsection C.
C. Except as provided in subsection D, when the city has collected sufficient funds to complete financing of an incomplete component of the infrastructure, as determined under section 18.56.150.A.6, the city shall take one of the following actions within 180 days of the determination that sufficient funds have been collected:
1. Identify an approximate date by which the construction of the component will be commenced; or
2. Refund on a prorated basis, to the then-current record owner or owners of the lots or units of the development project or development projects as identified on the last equalized assessment roll, the unexpended portion of the fee and any interest accrued on it, subject to following:
a. The city may refund the unexpended revenues by direct payment, by providing a temporary suspension of fees, or by any other reasonable means consistent with the purpose of this section.
b. If the administrative cost to refund the unexpended or unappropriated fee revenue would exceed the amount to be refunded, then the city council, after considering the matter at a public hearing, notice of which is given in the manner provided for by California Government Code section 66001, subdivision (f), may appropriate the revenue for any other public improvement, facility, or property for which fees are imposed and which the city council determines will benefit the development project.
c. The portion of any fee revenue the city receives as reimbursement of its costs to administer this chapter will not be refunded but shall be applied to reduce the portion of the fee charged for administrative purposes.
D. This section is to be applied consistently with subdivisions (d), (e), and (f) of California Government Code section 66001.
E. This section does not apply to the extent a subsequent article in this chapter provides otherwise. (Ord. 2017-0010 § 1)