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Notwithstanding any other provision of this Division, the applicant as defined in this Division shall, as a part of the development permit process, have the right to present evidence to the Director to demonstrate that the fee calculation or amount of TIF is incorrect or inequitable as applied in such case. In certain cases, assumptions that are built into the program may not apply equitably to a particular land use. In order to address these potential inequities, it is necessary to have a process for appeal. The applicant shall have the burden of demonstrating any inaccuracy or inequity by serving on the Director engineering studies and cost estimates necessary to support the applicant's contentions.
If the applicant is processing an application for which the TIF is a condition of approval, the studies and cost estimates must be served on the Director no later than sixty (60) days prior to approval of the project. The Director shall then make a recommendation regarding fee adjustment to the County hearing body. Upon review of the Director's recommendation, the hearing body shall have the authority to change the amount of fee when it finds the amount so established is incorrect or inequitable in the specific case. The decision of the County's hearing body shall be final, and any additional appeals shall be in accordance with the County subdivision ordinance or zoning ordinance, whichever applies to the application being processed.
If the applicant is seeking a ministerial permit, the appeal, required engineering studies and cost estimates can be served on the Director any time prior to development permit issuance. The Director shall review the requested fee adjustment and shall have the authority to change the amount of fee when it finds the amount so established is incorrect or inequitable in the specific case. The decision of the Director shall be final.
(Added by Ord. No. 9712 (N.S.), effective 6-19-05; amended by Ord. No. 10231 (N.S.), effective 12-30-12)
A development which is designed and intended as a temporary use (3 years or less) and which is conducted in facilities which are, by their nature, short-term interim facilities such as a portable or modular buildings (including mobile homes, trailers and other residential facilities of ready highway use or relocation not located in an established mobile home park, subdivision, or other non-temporary residential development) may apply to the Director for a TIF fee waiver. The Director shall have the authority to grant such waivers. No waivers shall be granted for the RTCIP Impact Fee. If the temporary use extends beyond three (3) years, the TIF fee must be paid as if the use is a permanent use based on the TIF fee effective at the beginning of the third year.
(Added by Ord. No. 9712 (N.S.), effective 6-19-05; amended by Ord. No. 9919 (N.S.), effective 4-27-08; amended by Ord. No. 10231 (N.S.), effective 12-30-12)
Developers may elect to construct TIF Facility improvements rather than pay the TIF. Projects for which developers have elected to construct improvements of sufficient size and scale to mitigate both direct and cumulative impacts, but for which permits that would otherwise trigger the payment of TIF are outstanding, shall be exempt from the payment of TIF. The following projects are exempt from the payment of TIF as a result of the construction of facilities by the developer:
4S Ranch (Areas covered by the Public Benefit Agreement (DA 99-001) dated December 6, 2000),
Pepper Tree Park (SP87-007), and
Alpine Village Center (SP99-047).
(Added by Ord. No. 10231 (N.S.), effective 12-30-12)
If a building permit or development permit expires, is cancelled, or is voided and if any fees paid pursuant to this Division have not been expended and no construction has taken place pursuant to such building permit or development permit, the Director shall, upon written request, refund the fee and any interest, if earned, on the fee, to the record property owner or his or her representative.
(Added by Ord. No. 9712 (N.S.), effective 6-19-05; amended by Ord. No. 10231 (N.S.), effective 12-30-12)
This Division shall be of no further force when the County determines that the amount of fees which have been collected is sufficient to complete the ME improvements identified in the TIF Report, as subsequently amended or modified, to fully mitigate for the transportation impacts of future development. The RTCIP Impact Fee shall expire upon the termination or modification of the TransNet Ordinance and Expenditure Plan, SANDAG Ordinance No. 04-01, in a manner that eliminates the requirement to have a local funding program for residential development impacts on TIF RAS facilities.
(Added by Ord. No. 9712 (N.S.), effective 6-19-05; amended by Ord. No. 10231 (N.S.), effective 12-30-12)