The provisions of this section apply to each of the fees set forth above.
(A) New development. For purposes of this chapter NEW DEVELOPMENT shall have the following meanings:
(1) NEW DEVELOPMENT, when applied to the development of residential uses, including the placement of mobilehomes on real property, means that development or installation which increases the number of dwelling units on a given parcel or which increases the square footage of a residential use by at least 25% of gross floor area.
(2) NEW DEVELOPMENT, when applied to construction or installation of nonresidential buildings, means the development, construction or installation of new buildings on a given parcel or which increases the amount of floor space for nonresidential buildings by at least 25% of the gross floor area.
(B) Credit for existing development. All new development shall receive a credit for any use on the property which currently exists and which will be replaced by the new development. The fee shall only be charged for the intensification of the use.
(C) Fund. Any reference in this chapter, or any resolution enacted thereunder, to a specific capital facilities fund, shall mean a separate fund or account.
(D) Fee adjustment.
(1) The developer of a project subject to a fee under this chapter may request a waiver or adjustment of that fee based upon the absence of any reasonable relationship between the impact on public facilities of that development and either the amount of fee charged or the type of facilities to be financed.
(2) The request shall be made in writing and shall be processed concurrently with the development permit application for the project. If no development permit is required, the request for a fee adjustment or waiver shall be made with the application for a building permit. The request shall state in detail the factual basis and legal theory for the waiver or adjustment.
(3) The applicant shall bear the burden of proof of presenting substantial evidence to support the request for an adjustment or waiver.
(E) Waiver of fee. Upon the request of the developer, all or a portion of the fees set forth in this chapter may be waived for very low and low income housing, as defined by Cal. Health and Safety Code §§ 50079.5 and 50105 respectively, when such housing is guaranteed affordability for a minimum period of 30 years. The request for such a waiver shall be submitted in writing and shall be processed with the development permit application for the project.
(F) When any of the fees set forth above are imposed upon a residential development, the fees shall be collected in accordance with the provisions of Cal. Government Code § 66007 as the same may be amended from time to time. Fees for all other types of development projects shall be paid prior to the issuance of the building permit.
(G) For each of the fees set forth above, the Finance Department shall timely prepare the information required by Cal. Government Code § 66006, as the same may be amended from time to time.
(H) Whenever fees are imposed pursuant to this chapter, the city shall provide the project applicant with a notice in writing at the time of the approval of the project or at the time of the imposition of the fees, a statement of the amount of the fees and notification of the 90-day approval period in which the applicant may protest the imposition of the fees. Said notice shall be in substantially the following form:
The conditions of project approval for your project, identified as , include certain fees, dedication requirements, reservation requirements and/or other exactions more specifically described as: (identification of the amount of the fee and description of the dedications, reservation, or other exactions) . The applicant is hereby notified that the 90-day protest period to challenge such items has begun as of the date of the project approval or the date of the fee imposition, which date was . If the applicant fails to file a protest regarding any of the fees, dedication, reservation, or other exaction requirements as specified in Cal. Government Code § 66020, the applicant shall be legally barred from later challenges.
(I) The fees established by this chapter are intended to establish a supplemental method for funding the cost of certain facilities and services, the demand for which will be generated by the expected build- out of the city. The provisions of this chapter shall not be construed to limit the power of the City Council to impose any other fee or exactions or to continue to impose existing ones on development within the city, but shall be in addition to any other requirements which the City Council is authorized to impose, or has previously imposed within the city. In particular, individual property owners shall remain obligated to fund, construct, and/or dedicate the improvements, public facilities and other exactions required by the city, including without limitation those required by the city standard details and specifications and other applicable public works standards. Any credits or reimbursements shall not include the funding, construction or dedications described in this division.
(Ord. 533-C.S., passed 11-16-04)