This section shall be known as the “Public Use Facilities Development Impact Fee Ordinance.” (Ord. 5575 § 1 (part), 2007)

The city council finds and declares that the ordinance codified in this chapter is passed to achieve the following, among other, purposes, and directs the provisions of this chapter be interpreted in order to accomplish these purposes:

A. New residential subdivisions and new development generally increase the demand for public facilities and affects the quality of the community’s infrastructure. The public interest, convenience, health, welfare and safety require neighborhood, community, regional park and recreational facilities, and library facilities be provided for the maintenance and enhancement of the quality of life of the city’s residents.

B. Pursuant to Article 11, Section 7 of the California Constitution, the city is empowered to enact measures that protect the health, safety, and welfare of its citizens, and specifically, the California Government Code Section 66477, commonly known as the Quimby Act, permits cities to adopt an ordinance requiring the dedication of land or the imposition of a fee in lieu thereof or a combination of both, for park or recreational purposes as a condition to the approval of a tentative map or parcel map.

C. The public interest necessitates, and AB 1600 also permits cities to impose development impact fees on new residential, commercial and industrial development, not involving the subdivision of land, in order to provide for park, recreation and library facilities to the community.

D. The city has determined that there currently is a deficiency in the city’s park and recreational facilities and land because the requisite three (3) acres per one thousand (1,000) persons is not provided, which deficiency is caused, in significant part, by residential, commercial and industrial construction without adequate community park and recreational facilities and land for the residents.

E. The developer of residential units, and/or commercial and industrial facilities who does not subdivide the land upon which the units or facilities are constructed increases the population of the city and adds to the need for public recreational facilities to the same extent as the subdivider of land for residential construction.

F. Development of new and rehabilitation of existing park and recreational facilities should be financed by applicants for developments which are served by public recreational facilities.

G. Establishment of residential, commercial and industrial development park dedication and inlieu fees, and/or payment of AB 1600 Mitigation Fee Act Development Impact Fees as provided in this chapter, will promote the general welfare by requiring all developers of new residential units and commercial or industrial facilities to pay a fair share of the cost of developing new, and rehabilitating existing, park and recreational facilities which will serve the residents and users of the development.

H. The City of Glendale Public Facilities Fee Study (August 2006) describes the city standard for parks and recreation facilities, the cost for parks and recreation facilities construction and the cost thereof per new residential development per unit and for new industrial and/or commercial square footage.

I. The whole city will derive benefit from the parks and recreation facilities and should be assessed per the provisions of this chapter to pay a fair share, or appropriate proportion thereof, as determined by the city council, based on the benefit derived therefrom.

J. New development also affects the city’s ability to meet increasing needs for library service, and additions to the library collections will be needed to maintain the current levels of service.

K. The need for additional library facilities and collections is identified in the Glendale Public Library Service Area Study and is necessary to maintain adequate library services within the city.

L. The City of Glendale Public Facilities Fee Study describes the city standard for the number of library books per person, the number of persons new development generates, the library collection required to service new development, and estimates of the costs of additions to the library collection to maintain the current level of service.

M. New residential, commercial and industrial development will derive benefit from the library facilities and collections and should be assessed per the provisions of this chapter to pay a fair share of the cost thereof based on the benefit derived therefrom.

N. After consideration of the City of Glendale Public Facilities Fee Study and the development impact fee staff report, and testimony at the public hearing, the city council finds that new development will create needs for park and recreation facilities and for library facilities and collections, and that the development impact fees authorized by this chapter will provide the funding necessary for these facilities. (Ord. 5575 § 1 (part), 2007)

For purposes of this chapter and any resolution adopted to implement development fees imposed by this chapter, the words and terms defined herein shall have the meanings stated, unless another meaning is plainly intended, or expressly provided. To the extent that terms utilized in this chapter are not defined herein, but are defined elsewhere in the Glendale Municipal Code, such terms shall have the meanings stated therein.
“Affordable housing project” or “affordable” is defined in Section 4.10.040(G).
“Auto dealer” means, based on California Vehicle Code Section 285, any person or entity who is engaged wholly or in part in the business of selling vehicles or buying or taking in trade, vehicles (as defined by Section 415 of the California Vehicle Code) for the purpose of resale, selling or offering for sale, or consigned to be sold, or otherwise dealing in vehicles, whether or not such vehicles are owned by such person.
“Calculate” means to determine the amount of development impact fees (as defined herein) to be collected based on the need for capital improvements (as defined herein) related to a particular development project.
“Capital improvement plan” means the plan for capital improvements adopted and updated annually, or otherwise updated by the city council, describing the approximate location, size, time of availability and estimated cost of and appropriating money for capital improvement projects.
“Capital improvements” means public improvements, such as land and/or facilities for parks and recreation, and library facilities identified in the city’s master plans and/or capital improvement plans (as defined herein).
“Certificate of occupancy” means the official city certification that all or a portion of a building, structure or addition is suitable for use or occupancy. For purposes of this chapter, certificate of occupancy shall refer to the earlier of, issuance of a certificate of occupancy or temporary certificate for use or occupancy of all, or a portion of a building by a tenant, owner or occupant.
“City of Glendale Public Facilities Fee Study (August 2006)” and the “City of Glendale Development Impact Fee Report (June 2007),” collectively mean the studies prepared by, or for, the parks, recreation and community services, development services and planning departments of the city which form the basis for collecting development impact fees (defined herein) for public facilities improvements and plans for library, and parks and recreation facilities related to new development.
“Collection” means the point at which the development impact fee due is actually paid over to the city.
“Community park” as defined by the general plan recreation element means those facilities that consist of ten (10) to thirty (30) acres of usable land area. Community parks should provide active recreational uses which include facilities such as athletic fields and swimming pools. A community park should also provide for passive recreational opportunities, such as waling, viewing, sitting or picnicking as well as community center or facility for group uses. A community park should serve a population living within a one (1) mile radius and should be easily accessible to the neighborhoods served. Community parks can also encompass specialized facilities appropriate for use by all the city’s residents.
“Development” means the addition of new dwelling units and/or new nonresidential gross floor area square footage to an undeveloped portion of a building the permit or certificate of occupancy for such construction, reconstruction or use, but not including: (i) a permit to operate; (ii) a permit for the internal alteration, remodeling, rehabilitation, or other internal improvements or modifications to an existing structure, so long as no additional dwelling units or gross floor area is added; (iii) an accessory use, so long as no additional dwelling units or gross floor area is added, or (iv) parking facilities.
“Development impact fee” means a monetary exaction imposed as a condition of or in connection with the issuance of an approval of a development project (defined herein) for the purpose of defraying all or a portion of the cost of certain capital improvements related to the development project.
“Development project” means any project undertaken for the purpose of development, including a project involving the issuance of a permit for construction of a building or structure. However, “development project” does not include the issuance of a permit to operate.
“Fair share development impact fee” means that development impact fee amount as determined by the City of Glendale Public Facilities Fee Study (August 2006) to be the amount necessary for new development to fully fund their respective fair share of the public facilities for parks, recreation and libraries.
“Gross floor area” shall mean the total horizontal area of all floors beneath the roof of a building. The computation excludes the columns, permanent interior walls, stair shafts, and mechanical equipment rooms that serve the building as a whole (offices only) and that are actually occupied by parking. The computation includes corridors, bathrooms, interior partitions which are not permanent or anything else not excluded above.
“Hotel” means any structure or any portion of any structure which is occupied, or intended or designed for occupancy by transients for dwelling, lodging, or sleeping purposes, at a fixed location or other similar structure or portion thereof.
“Imposition” means the determination that a particular development project is subject to the condition of payment of development impact fees and the attachment of such requirement to the project as a condition of development approval.
“Library fee” means a monetary exaction imposed as a condition of development approval in order to fund and to assure the provision of library space and collections needed to serve additional residents caused by new development.
“Mini-parks” as defined by the general plan recreation element means those facilities that consist of anywhere from one-third (1/3) to one (1) acre containing a tot lot, picnic area or other facility. Mini-parks are intended to serve a limited population or specific group such as young children or senior citizens, and should be located within a service area of one-quarter (1/4) mile and should be located in proximity to multiple-family developments or housing for the elderly.
“Neighborhood park” as defined by the general plan recreation element means those facilities consisting of two (2) to ten (10) acres of developed land area. Neighborhood parks are typically facilities that are used for intense recreational facilities such as game fields, court games, playground apparatus, walking trails, viewing and sitting areas, picnic grounds and wading pools. The neighborhood park should be located within a service area of one-half (1/2) mile and should be centrally located within walking and bicycling distance to the neighborhood it serves.
“New residential development” means any of the following: net new construction intended to be occupied, in whole or in part, as a residence, including but not limited to, subdivisions, single-family dwelling units, multi-family dwelling units, live/work units, and any other form of residence, regardless of the zoning designation for the property. This term shall exclude remodeling of any residence which does not create an entirely new living unit. This term shall only apply to the construction of net new residences, including the addition of new residences to preexisting construction, and the conversion of a commercial or industrial structure to residences.
“Park fee” means a monetary exaction imposed as a condition of development approval in connection with a development project in order to fund and to assure the provision of park land and recreation improvements needed to serve such development at established city service level standards within a reasonable period of time.
“Pipeline development project” means any development projects for which either an agency stage I design review approval or a city design review board preliminary review and authorization to proceed to final design review, or the equivalent, has been issued on or prior to the effective date of the public use facilities development impact fee ordinance.
“Private open space area” is defined in Section 4.10.070(H).
“Quimby fees” means those fees collected pursuant to California Government Code Section 66477 (Quimby Act).
“Regional park” as defined by the general plan recreation element means those facilities that consist of more than thirty (30) acres of usable land area. A regional park should promote a wide variety of activities and should service a broad geographic area. Specifically, the site should incorporate two (2) or more major specialized facilities that will attract people of all age groups residing within an hour drive of the city. The regional park should also assist in providing a city identity and should promote the conservation of the environment.
“Residential development project” means any development undertaken for the purpose of creating a new dwelling unit, as defined in this chapter or units and involving the issuance of a building permit for construction. (Ord. 5575 § 1 (part), 2007)

A. This division applies to all development impact fees imposed by the city and as set forth in this chapter as a condition of issuance of certain permits required for development approval for the purpose of financing capital improvements, the need for which is attributable to such development, including without limitation:

1. Library fees; and

2. Park and recreation fees (except charged in lieu of park land dedication pursuant to Government Code Section 66477).

3. Quimby fees collected in lieu of dedication of park land pursuant to Government Code Section 66477.

B. Development impact fees shall be imposed as a condition of the issuance of permits for new development or as a map condition for subdivisions/parcel maps for new residential development pursuant to Government Code Section 66477, unless expressly exempted by this chapter. Development impact fees shall be assessed in the amount established by the city council by resolution.

C. Changes in Fee Schedule. The fees shall be reviewed no less than once every two (2) years. Such review shall be based upon a survey of residential land values in the city (the “Land Values Survey”), and may consider, as applicable, increases or decreases in construction costs based upon the Engineering News Record, Construction Cost Index for the calendar year as of December 1st (the “Cost Report”). Nothing in this section shall prevent the city council from making fee adjustments greater or less than indicated by the Cost Report and Land Values Survey. Any changes in the fee schedule shall not become effective until the thirty-first day after action by the city council to change the fee schedule.

D. Pipeline Projects. In order to maintain pipeline development project status, building plan check must be completed and a validly issued building permit must be obtained within three (3) years from the date the development project plans are deemed a complete submission to building plan check. Pipeline development projects that fail to complete building plan check within this three (3) year timeframe will lose the pipeline development project status and will pay the full development impact fee then currently applicable.

E. Quimby Fee Calculation Method. The method for calculating the Quimby fees shall be based on the number of units in the new residential development. A studio or a loft shall each be considered one (1) unit. Quimby fees shall be imposed as a condition of approval for a tentative tract map or tentative parcel map, the subdivider shall pay into the residential impact fund a fee established by resolution and as set forth in the fee schedule. Payment of fees required by this section shall be made prior to the approval of the final map. Quimby fees do not apply to commercial or industrial subdivisions or to condominium projects or stock cooperative projects which consist of the subdivision of airspace in an existing building when no new residences are added. Any person seeking a building permit for a new residential development, which was not required to pay a Quimby fee, shall pay the development impact fee as set forth in the fee schedule in this section. (Ord. 5575 § 1 (part), 2007)

The provisions of this chapter do not apply to the following:

A. Taxes for special assessments.

B. Fees for processing development applications or approvals.

C. Fees for enforcement of or inspections pursuant to regulatory ordinances.

D. Fees collected under development agreements adopted pursuant to California Government Code Section 65864 et seq., except for development agreements which required development fees as enacted by this chapter. However, in the event the aforementioned development agreements contain specific provisions which conflict with this chapter, the specific provisions in the development agreement shall be applied.

E. Fees imposed pursuant to a reimbursement agreement by and between the city and a property owner or developer for that portion of the cost of a capital improvement paid by the property owner or developer which exceeds the need for the capital improvement attributable to and reasonably related to the development.

F. Fees imposed for the reconstruction of any residential, commercial, or industrial development project that is damaged or destroyed as a result of a natural disaster, as declared by the governor. Any reconstruction of real property, or portion thereof, which is not substantially equivalent to the damaged or destroyed property, shall be deemed to be new construction and only that portion which exceeds substantially equivalent construction may be assessed a fee. The term substantially equivalent, as used herein, shall have the same meaning as the term in subdivision (c) of Section 70 of the Revenue and Taxation Code, and as amended.

G. Development impact fees shall be imposed on affordable housing projects pursuant to the following sliding scale:

1. Notwithstanding any other provision contained in this chapter, any new residential development that provides the percentages of affordable housing within the new residential development as set forth below shall be assessed development impact fee as follows:

a. Where at least twenty (20) percent of the units in the new residential development are made available and restricted for affordable housing, the new residential development shall be exempt from the imposition of the development impact fee;

b. Where at least fifteen (15) percent of the units in the new residential development are made available and restricted for affordable housing, the new residential development shall be assessed a development impact fee in an amount equal to twenty-five (25) percent of the development impact fee otherwise imposed on new residential developments;

c. Where at least ten (10) percent of the units in the new residential development are made available and restricted for affordable housing, the new residential development shall be assessed a development impact fee in an amount equal to fifty (50) percent of the development impact fee otherwise imposed on new residential developments;

d. Where at least five (5) percent of the units in the new residential development are made available and restricted for affordable housing, the new residential development shall be assessed a development impact fee in an amount equal to seventy-five (75) percent of the development impact fee otherwise imposed on new residential developments;

As used herein, “made available and restricted for affordable housing” means: (A) for rental housing, the units shall be rented to “lower income households” (as defined in Health and Safety Code Section 50079.5) at an “affordable rent” (as defined in Health and Safety Code Section 50053), or (B) for for-sale housing, the units shall be sold to “persons or families of low or moderate income (as defined in Health and Safety Code Section 50093) at a purchase price that will not cause the purchaser’s monthly housing cost to exceed “affordable housing cost (as defined in Health and Safety Code Section 50052.5) subject to an equity sharing agreement consistent with the provisions of Government Code Section 65915(c)(2).

H. Fees imposed on unique land uses primarily devoted to hospitals, churches, educational facilities, youth and recreational facilities, and other community uses which serve the public, similar to those listed, as determined by the director of planning.

I. Fees imposed on applicants who have a valid building permit on the effective date of the ordinance codified in this chapter, except those who were required to pay development impact fees as a condition of approval to build.

J. Nominal Square Footage Additions. Retail, restaurant, office or industrial uses, excluding auto dealers and hotel uses, when the total additional square footage is one thousand two hundred fifty (1,250) square feet or less. This exemption shall apply only when the additional square footage of new development does not exceed one thousand two hundred fifty (1,250) square feet. New development that is larger than one thousand two hundred fifty (1,250) square feet shall pay a fee for all square footage, including the first one thousand two hundred fifty (1,250) square feet.

K. Fees imposed on auto dealers.

L. Fees imposed on hotels. (Ord. 5575 § 1 (part), 2007)

When the Quimby fee assessed to the residential development project equals or exceeds one million dollars ($1,000,000.00), the developer may request to dedicate land, either on-site or off-site, and develop a park in lieu of payment of said fee. Such dedication of land shall be subject to acceptance of the dedication by the city council. The dedication of land and development of a park shall be in conformity with the conditions, provisions, standards, and formulas contained in this chapter.

A. Procedure.

1. A developer who requests to dedicate land and develop a park shall submit a written proposal describing the property to be dedicated and the park development plans to the director of parks, recreation and community services. The proposal shall include an appraisal of the property to be dedicated.

2. The director or parks, recreation and community services shall determine whether the proposal complies with existing park standards and requirements. If the director of parks, recreation and community services determines the proposal meets the standards and requirement, the director of parks, recreation and community services shall prepare a report to the city council regarding the proposed dedication.

3. The city council may accept or decline the dedication and determine the amount of the Quimby fee to be waived. If the property being dedicated and the park development are accepted by the city council in lieu of the Quimby fee or any portion thereof, the city council shall, by resolution, waive the fee or any portion thereof upon the dedication of the property to the city. The resolution shall also indicate the time for completion of the park development.

4. Real property dedicated to the city shall be conveyed in fee by grant deed, free and clear of encumbrances. Deeds in a form acceptable to the city shall be executed and delivered to the city at the time the first building permit is issued. The grantor shall provide all instruments required to convey the land and shall also provide a preliminary title report and title insurance in favor of the city in an amount equal to the value of the property being conveyed. The developer dedicating land in fee by grant deed shall develop and construct the park to current safety standards.

5. Real property dedicated to the city by way of an easement for park purposes shall be conveyed free and clear of encumbrances that would impede the use of the property for park purposes. The conveyance of the easement shall be in a form acceptable to the city and shall be executed and delivered at the time the first building permit is issued. The developer dedicating land by way of an easement for park purposes shall construct and maintain a park on the dedicated land in accordance with current safety standards. The developer shall assume all liability for the dedicated land and shall maintain liability insurance in an amount acceptable to the city and wherein the city, its officers, agents and employees shall be named as additional insureds. Any such insurance documentation shall be in a form acceptable to the city. (Ord. 5575 § 1 (part), 2007)

A. Where private open space area is developed for park or recreational facilities in a proposed development, the park or recreational facility may not be credited against the development impact fee established in Section 4.10.040, except as otherwise provided in this chapter.

B. The city council shall grant credit for land dedicated and/or fees paid pursuant to this chapter under a previously approved final subdivision map or parcel map in the event a new map is submitted for approval. Such credit shall be subtracted from the dedication and/or fees required under this chapter for the new map; provided, that in no event shall the city be required to return any fees paid or any land dedicated as a condition of a previously approved final map pursuant to this section. (Ord. 5575 § 1 (part), 2007)

When a building permit is sought for addition of a second unit to a property containing a single unit, regardless of the zoning district in which the property is located, there shall be not a reduction in development impact fee to be paid at the time the certificate of occupancy is issued. (Ord. 5575 § 1 (part), 2007)

Development impact fees shall be established by resolution or ordinance of the city council from time to time, and to be paid into each development impact fee account, as applicable. Before establishing or changing any development impact fee, the city council shall hold a public hearing as part of a regularly scheduled meeting and pursuant to notice published in accordance with Section 6062 of the Government Code, at which oral or written presentations may be made by interested parties. An ordinance or resolution establishing a new development impact fee shall take effect no sooner than sixty (60) days following the final action by the city on the ordinance or resolution. Development impact fees shall not exceed the estimated reasonable cost of providing the facility for which the fee or exaction is imposed. (Ord. 5575 § 1 (part), 2007)

A. Imposed on Development Projects. Development impact fees established in accordance with this chapter shall be imposed on all development projects which require a building permit or subdivision of land for residential development projects.

B. Calculation and Collection. Development impact fees on nonresidential projects, if imposed, shall be collected at the earlier of the date of final inspection (if a certificate of occupancy is not issued, e.g., additions) or the date the certificate of occupancy is issued, unless the city has adopted a facilities master plan, in which case fifty (50) percent of the fees shall be calculated and collected by the building official as a requirement to issuance of a building permit, and the remaining fifty (50) percent shall be collected prior to issuance of a certificate of occupancy based on the development impact fee amount in effect at the time unless:

1. The applicant is entitled to an exemption pursuant to Section 4.10.050;

2. The applicant has made an irrevocable offer to dedicate land which has been accepted by the city pursuant to Section 4.10.060; or

3. The applicant’s development project is subject to a credit pursuant to Section 4.10.070; or

4. The applicant has taken an appeal pursuant to Section 4.10.150 and a cash deposit, letter of credit, bond or other surety in the amount of the development impact fee, as calculated by the building official, has been posted with the city; or

5. The applicant has requested the city council to approve a payment plan pursuant to Section 4.10.150(K), and a cash deposit, letter of credit, bond or other surety in the amount of the development impact fee, as calculated by the building official, has been posted with the city. In order to have a payment plan considered, the applicant shall submit the request pursuant to Section 4.10.150(K).

C. Residential Fee. Development impact fees, if imposed on residential development, shall be calculated and collected prior to final tract or parcel map approval for residential subdivisions pursuant to Section 16.16.010, and for other development projects at the earlier of the date of final inspection (if a certificate of occupancy is not issued, e.g., additions) or the date the certificate of occupancy is issued, unless the city has adopted a facilities master plan, in which case fifty (50) percent of the fees shall be calculated and collected by the building official as a requirement to issuance of a building permit, and the remaining fifty (50) percent shall be collected prior to issuance of a certificate of occupancy based on the development impact fee amount in effect at the time. (Ord. 5575 § 1 (part), 2007)

Fees imposed by this chapter shall be adjusted pursuant to Section 4.10.040(C), changes in fee schedule. (Ord. 5575 § 1 (part), 2007)

A. Separate Account. The city shall deposit development impact fees received with other fees for the same type of capital improvement in a separate capital improvement accounts for parks and recreation (parks fund) and libraries (library fund) in a manner to avoid any commingling of the fees with other city revenues and funds, except for temporary investments, and shall expend the fees solely for the purpose for which they were collected.

B. Upon receipt of a written application from the director of parks, recreation and community services for disbursement of moneys from the fund on account of expenditures made or proposed for the benefit or use of parks, recreational and/or library facilities, the finance director shall immediately advise the director of parks, recreation and community services, or his/her designee and provide copies of any accompanying documents or papers that might have been submitted in support of the application. Within ten (10) days after receipt of such notice, the director of parks, recreation and community services shall advise the finance director whether the disbursement made or proposed is consistent with approved facilities master plan or capital improvement plan adopted to implement the development impact fees program. If the director of parks, recreation and community services fails to so certify within ten (10) days, it shall be presumed that he or she has made a positive finding thereon. Within five (5) days thereafter, the finance director shall, if a positive finding has been made or presumed, approve payment as requested.

C. Use of Funds. The funds of each account shall be expended within the city and shall be used exclusively for the capital improvements for which the development impact fees were collected.

D. Annual Statement of Account Balances by Finance Director. For each separate development impact fee account, the director of finance and administrative services shall, within sixty (60) days of the close of each fiscal year, make available to the public the beginning and ending balance for the fiscal year and the fee, interest, and other income and the amount of expenditure by capital improvement and the amount of refunds made during the fiscal year.

E. Annual Review of Statement by City Council. The city council shall review the information referred to in subsection D of this section, at the next regularly scheduled public meeting held not less than fifteen (15) days after the information is made available to the public.

F. Audits. The applicant or property owner may request an audit of any subfund by submitting a request for audit with the city clerk, to determine whether the development impact fee imposed exceeds the amount reasonably necessary to finance capital improvements to serve new development at established city service levels. The city council may then retain an independent auditor who shall determine whether the fee is reasonable. The city may require, and it shall be a condition to the right to such audit, that the applicant or property owner deposit with the city a sum equal to the reasonable estimated cost of the audit. The decision of the independent auditor shall be final unless duly appealed to the city council by the property owner or applicant. (Ord. 5575 § 1 (part), 2007)

A. Permitted Expenditures. Development impact fees shall be expended only for the type of capital improvement for which they were imposed, calculated, and collected and shall be expended or committed in accordance with the time limits and procedures established in this chapter. Development impact fees may be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the city to finance such capital improvements; and any administrative costs incurred by the city in accordance with this chapter.

B. Restrictions on Use of Fee. Development impact fees shall not be expended to maintain, repair or operate capital improvements, however, subject to specified limitations, Quimby fees may be used to repair existing facilities. (Ord. 5575 § 1 (part), 2007)

A. Unspent Funds—Automatic Refund. If development impact fees are unexpended or uncommitted five (5) or more years after deposit in a development impact fee account, the city council shall make findings once each fiscal year to identify the purpose to which the fee was put, and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged. Such findings need be made only for money in possession of the city, and not for letters of credit, bonds or other instruments taken to secure payment of the fees at a future date.

B. Refunds. If the city council cannot make the aforementioned findings, the city shall refund to the then current record owner or owners of lots or units of the development project or projects on a prorated basis, the unexpended or uncommitted portion of the fee, and any interest accrued thereon, which has been on deposit over five (5) years and for which need cannot be demonstrated pursuant to subsection A of this section.

C. Finding by Council Not to Refund. If the city council finds that the administrative costs of refunding unexpended or uncommitted development impact fees exceed the amount to be refunded, the city council, after a public hearing, notice of which shall be published in accordance with Government Code Section 6061 and posted in three (3) prominent places within the area of each development project subject to a refund, may determine that the revenues shall be allocated for other capital improvements for which development impact fees are collected and which serve the development projects on which the fee was originally imposed.

D. Method of Refund. The city may refund the unexpended or uncommitted portions of development impact fees by direct payment, by temporarily suspending fees, by offsetting the refunds against other development fees due for development projects on the property, or by other means agreed to by the property owner. The property owner shall provide as evidence of ownership a title report issued by a licensed title insurer. If, in the view of the city attorney there is doubt as to whom such refund shall be made, the city attorney may interplead the possible claimants and deposit the amount of refund with the Superior Court.

E. Other Refunds. In the event that an applicant requests a refund due to reasons not set forth in this section, the applicant shall submit a claim for refund with the city clerk who then shall forward the request to the city council for action. The time period to file a claim pursuant to this provision shall be limited to one (1) year after payment of the fee. (Ord. 5575 § 1 (part), 2007)

A. Appeal to City Council. The applicant may appeal any decision of a city official under this chapter to the city council or seek a reconsideration by the city council of a refund issue, including, but not limited to, calculation of the amount of the development impact fee, the number of development units and/or gross square footage, reimbursement due, applicability of an exemption, and eligibility for and amount of a credit or refund. Any request for special financing of the development impact fees may be made to the city council by filing a notice of appeal with the city clerk in accordance with this chapter. As part of the request for financing process, the applicant shall be required to provide adequate security in the amount of the development impact fees required for the development project.

B. Written Notice of Appeal. The appellant must file a written notice of appeal together with an appeals fee as set forth in the fee resolution, as the same may be amended from time to time, within fifteen (15) days following the action of the city official that is the basis for the appeal. The notice of appeal shall include, at a minimum:

1. Name and address of applicant/agent;

2. Description, location and size of the affected property;

3. Land use proposed for the affected property;

4. Number of residential units proposed by type and/or number of square feet of nondevelopment by type;

5. The particular circumstances giving rise to the appeal;

6. The city official whose action is being appealed;

7. The grounds for the appeal, i.e., why the city official’s decision is erroneous; and

8. Such other relevant information as may be requested by the city.

C. Burden of Proof. The burden of proof shall be on the appellant to establish that the decision of the city official is erroneous pursuant to the express terms or intent of this chapter and applicable state law, including, but not limited to Government Code Section 66000 et seq.

D. Hearing. The city council, or a designated official or appeals board which may be appointed by city council at a public meeting by resolution, shall schedule the appeal to be heard at a regular or special meeting to be held not more than forty-five (45) days after the filing of the notice of appeal by the appellant. At least twenty (20) days prior to the hearing date, the city shall notify the appellant of the hearing date by certified mail, return receipt requested, at the address stated on the notice of appeal.

E. Administrative Hearing. The hearing on the appeal shall be administrative. Evidence may be submitted by the appellant and by the city. The city council shall make written findings of fact and conclusions of law after the close of the hearing. However, if it is determined from the notice of appeal or from relevant city documents that the appeal is improper, the city, within twenty (20) days after receipt of the notice of appeal, shall reject the notice of appeal, stating the grounds therefor, and notifying the appellant by certified mail, return receipt requested.

F. Continuance. A request for a continuance of the hearing may be made by the city council on its own motion or at the request of the appellant. If requested by the appellant, the city council shall determine whether a continuance should be granted.

G. Decision. Within thirty (30) days after the close of the administrative hearing, the city council shall render its decision, in writing, and notify the applicant of such decision by certified mail, return receipt requested, at the address listed on the notice of appeal.

H. Findings. The findings of fact and conclusions of law shall be completed not later than ten (10) days following the decision of the city council and shall be filed with the city clerk. Upon the request of the applicant, the findings of fact and conclusions of law shall be sent to the applicant.

I. Final Decision. Upon the filing of the findings of fact and conclusions of law with the city clerk, the decision of the city council shall be deemed to be final.

J. Further Review. Any petition for judicial review of the city council’s final decision shall be filed not later than the ninetieth day following the date on which the decision becomes final, and shall be made in accordance with Sections 1094.5 and 1094.6 of the Code of Civil Procedure.

K. Fee Not Stayed Pending Appeal or Request for Financing. If the development impact fee has been paid in full or if the notice of appeal or request for financing is accompanied by a cash deposit, letter of credit, bond or other surety acceptable to the city attorney, in an amount equal to the development impact fee calculated to be due, the application for development project approval shall be processed. The filing of a notice of appeal shall not stay the imposition or the collection of the development impact fee calculated by the city to be due unless sufficient and acceptable surety has been provided.

L. Waiver or Reduction of Fee. If, as a result of an appeal pursuant to this section or judicial review pursuant to Section 4.10.160, a development impact fee is reduced or waived, the city council may determine whether and how such reduction or waiver may affect the development impact fee calculation methodology. If the city council determines that capital improvement needs are correspondingly reduced or increased, the city council may amend the capital improvement plan, the applicable master plan, the development impact fee calculation methodology, the applicable development impact fee, or take such other action as it may deem appropriate. If the city council determines that capital improvement needs remain the same, the city council shall appropriate funds in an amount equal to the reduction, waiver or increase of the development impact fee and shall deposit same to the applicable development impact fee account or take such other action as it may deem appropriate. (Ord. 5575 § 1 (part), 2007)

A. Judicial Review. An applicant may seek judicial review of:

1. A final decision by the city council on an administrative appeal, pursuant to Section 4.10.150.

2. The adoption, by resolution or ordinance, of a new development impact fee or the amendment of an existing development impact fee or the automatic adjustment of the development impact fee if such adjustment results in a fee increase, pursuant to this section and Government Code Section 66022.

3. The imposition of a development impact fee as a condition of development approval, pursuant to this section and Government Code Section 66020.

B. Time Periods. The applicable time periods for and conditions precedent to the filing of an action for judicial review are:

1. Appeal from a final decision of the city council: not later than the ninetieth day following the date on which the decision becomes final.

2. Adoption of development impact fee ordinance or amendment: not later than the one hundred twentieth day following the effective date of the ordinance or resolution. However, if the development impact fee has been directly imposed as a condition of development approval and is challenged as a special tax, the appellant must, at least thirty (30) days prior to initiating legal action, request that the city provide the documents which establish that the development impact fee does not exceed the cost of the capital improvements for which it is imposed. The requirement for this request is a condition precedent to an action challenging the development impact fee as a special tax, but does not alter the applicable time period for filing an action for judicial review of the fee ordinance or amendment, pursuant to Government Code Section 66024.

3. Imposition of the development impact fee as a condition of development approval—if a protest is timely filed pursuant to this section and Government Code Section 66020, not later than the one hundred eightieth day after the date of imposition; if a protest is not timely filed pursuant to this section and Government Code Section 66020, not later than the ninetieth day following imposition.

C. Protests of Fee Imposition. Any party may protest the imposition of a development impact fee pursuant to Government Code Sections 66020 and 66021.

1. If payment of the development impact fee has been imposed as a condition of development project approval, the protest shall be filed at the time of such approval or conditional approval of the proposed project.

2. If the development impact fee has been calculated and payment is now required, the protest shall be filed within ninety (90) days after the date of collection.

3. A valid protest must meet both of the following requirements:

a. The applicant must tender any required payment in full or provide evidence satisfactory to the city attorney of arrangements to ensure performance of the conditions necessary to meet the requirements of the imposition.

b. The applicant must serve written notice on the city council, which notice shall contain: (i) a statement that the required payment is tendered, or that any conditions which have been imposed are provided for or satisfied, under protest; and (ii) a statement informing the city council of the factual elements of the dispute and the legal theory forming the basis of the protest.

4. If a valid and timely protest is filed by an applicant, the city council shall schedule a hearing date, at a regular or special meeting, not more than forty five (45) days after the filing of the protest. The city shall notify the protestant of the hearing date by certified mail, return receipt requested, at the address listed on the protest petition at least twenty (20) days prior to the hearing date. However, if it is determined from the protest petition or from relevant city documents that the protest is improper, the city, within twenty (20) days after receipt of the protest petition, shall reject the protest petition, stating the grounds therefor and notifying the protestant by certified mail, return receipt requested.

5. The Hearing of the Protest Shall be Administrative. Evidence may be submitted by the protestant and by the city. Testimony shall be under oath. The city council shall make written findings of fact and conclusions of law after the close of the hearing.

6. A request for continuance of the hearing may be made by the city council on its own motion or at the request of the protestant. If requested by the protestant, the city council shall determine whether a continuance should be granted.

7. Within thirty (30) days after the close of the administrative hearing, the city council shall render its decision, in writing, and notify the applicant of such decision by certified mail, return receipt requested at the address listed on the protest petition.

8. The findings of fact and conclusions of law shall be completed not later than fifteen (15) days following the decision of the city council and shall be filed with the city clerk. Upon the request of the applicant, the findings of fact and conclusions of law shall be sent to the applicant.

9. Upon the filing of the findings of fact and conclusions of law with the city clerk, the decision of the city council shall be deemed to be final.

10. Any petition for judicial review of the city council’s final decision on the protest shall not be filed not later than the ninetieth day following the date on which the decision becomes final, and shall be made in accordance with Sections 1094.5 and 1094.6 of the Code of Civil Procedure. (Ord. 5575 § 1 (part), 2007)

This chapter shall not affect in any manner the permissible uses of property, density or intensity of development, design and improvement standards and public improvement requirements or any other aspect of the development of land or construction of building, which may be imposed by the city pursuant to zoning ordinances, subdivision ordinance or other ordinances or regulations of the city. (Ord. 5575 § 1 (part), 2007)

Specific development impact fees imposed by Section 4.10.040 reflect a development’s proportionate share, or percentage thereof, of the cost of providing improvements necessary to meet demands created by such development at established city service level standards. As such, development impact fees are additional and supplemental to, and not in substitution of, either on-site improvement requirements or off-site improvement requirements imposed by the city pursuant to zoning, subdivision or other ordinances and regulations. (Ord. 5575 § 1 (part), 2007)