(A) Except as described in this section, upon application of the property owner, the city must refund that portion of any impact fee which has been on deposit over five years and which is unexpended and uncommitted. The refund will be made to the then current owner or owners of lots or units of the development project or projects, provided that the then current owner submits an application for a refund to the city within 180 days before the five year period expires.
(B) If fees in any impact fee account are unexpended or uncommitted, starting with the fifth fiscal year after the first deposit into the account or fund, and every subsequent five years, the City Council must make the findings required by Cal. Gov’t Code § 66001(d) for maintaining funds on deposit. If the Council makes such findings, the fees are exempt from the refund requirement.
(C) The city may issue refunds through direct payment; offsetting the refund against other impact fees due for development projects by the owner on the same or other property; or otherwise by agreement with the owner. If the costs of refunding the impact fees would exceed the amount refunded, the city may instead comply with Cal. Gov’t Code § 66001(f).
(Ord. 1076, passed 11-3-03)