16.40.040   Timing of fee payment.
   A.   Notwithstanding the requirements of Section 16.40.030, the City Council may, by resolution, authorize the payment of the fee at a time other than that identified in Section 16.40.030.
   B.   In adopting the resolution identified in subsection A of this section, the City Council shall make the following findings:
   1.   That the state of the economy in the city is such that the deferment of the fee required by this chapter will stimulate the economy and enhance the provision of jobs; and
   2.   That the deferment of the fee required by this chapter will not materially affect the ability of the city to deliver its five-year capital improvement program.
   C.   In adopting the resolution identified in subsection A of this section, the City Council shall:
   1.   Identify the point in time at which the fee shall be paid; provided, that in no event shall the deferral be extended beyond the time of the final inspection or issuance of the certificate of occupancy, whichever occurs first;
   2.   Identify to which major land use category (i.e., residential, commercial, office and/or industrial) the resolution applies;
   3.   Identify whether or not a contract shall be entered into by and between the property owner, or lessee if the lessee's interest appears of record, and the city prior to the issuance of the building permit. If a contract is required to be executed, it shall be processed and recorded in accordance with Government Code Section 66007(c). In lieu of entering into a contract, if one is required, the fee payer may provide such other form of surety instrument guaranteeing payment of the fee as may be acceptable to the city engineer or his/her designee and the city attorney;
   4.   Impose a penalty, equal to one hundred (100) percent of the amount of the fees deferred, on any party who fails to pay the deferred fee by the point in time specified in such resolution; and
   5.   Provide that a party who fails to pay such deferred fees by the point in time specified in such resolution shall further forfeit the future right to defer such fees on parcels in which such party has a financial interest.
   D.   Companies classified within the following Standard Industrial Codes shall be able to pay their development impact fees over five years without interest or administrative fee. The first installment of twenty (20) percent shall be due upon occupancy and the balance shall be paid in five equal annual installments thereafter and shall be collected on the property tax roll. The collection of the balance due on the property tax roll shall not preclude the earlier payment of any outstanding balance.
   2000–2099   Food processing
   2200–3999   Certain other manufacturers
   4200–4299   Trucking and warehousing
   4500–4599   Air transportation
   4700–5199   Transportation services and warehouse trade
(Ord. 2017-01 (part), 2017: Ord. 9818 § 4, 1998)