The fees established pursuant to this chapter shall be paid for the property on which a development project is proposed at the time of the issuance of any required building permit, except as otherwise provided below.
(A) Fees imposed on residential development shall be collected in accordance with the provisions of Cal. Gov't Code § 66007, as the same presently exists or may hereafter be amended from time to time. An applicant for a residential building permit may request that payment be deferred until the date of final inspection. The request shall be approved when the property owner posts proper security in the form of cash deposit, letter of credit or other similar instrument retrievable at the time a request is made for final inspection and fees paid, or executes a contract to pay the fee at the time a request is made for final inspection. The form and manner of the security or contract shall be approved by the City Manager.
(B) Fees imposed on industrial and commercial development may be deferred by action of the City Council. The action shall consist of the adoption of a resolution consistent with the following terms and conditions:
(1) A determination is made that such action will promote and stimulate economic development within the city. The City Council shall make specific findings setting forth how the subject project accomplishes this goal;
(2) Establish a specific timetable for payment in full of the deferred fees. The City Council may also require a percentage to be paid with the issuance of a building permit. In no event shall deferral of payment in full be permitted for more than five years;
(3) Interest on the unpaid portion of deferred impact fees shall accrue at a rate equal to the Local Agency Investment Fund (LAIF) interest rate in effect at the time the resolution is adopted and shall be articulated in the resolution. Interest shall be due and payable, in full, with the final payment, although interest may be paid earlier at the election of the party developing the project;
(4) A written guarantee of payment in full of the impact fees, in the form of a surety bond or some other form of surety instrument as may be acceptable to the City Engineer and the City Attorney, shall be executed and delivered to the city prior to the issuance of a building permit for the project. Interest in real property may be deemed an appropriate form of surety; and
(5) A determination is made that the deferral of the fees shall not materially affect the financial ability of the city to satisfy its then current five-year capital improvement program.
(C) Development impact fees shall be paid prior to map recordation or deed recordation on parcels intended for water well sites, storm drainage basins, park, police, fire or other government facilities.
(D) The term "building permit" as used herein includes any permits required for construction, reconstruction, remodeling, moving structures into the city, and the like, such as electrical and plumbing permits, moving permits and the like.
(E) The fees created pursuant to this chapter shall be calculated on the basis of building area, or number of units, as set forth in the resolution referenced in § 8.56.030 of this chapter. All fees collected shall be promptly deposited in the appropriate fund referenced in § 8.56.060 of this chapter. All fees paid pursuant to this chapter shall be the fees in effect at the time of collection; provided that fees collected pursuant to division (B) hereinabove shall be those in effect at the time the City Council adopts the required resolution.
(Ord. 19-08, passed 12-17-2019)