The City requires the payment of fees to generate revenue so that public facilities and public improvements can be constructed and so that City programs and services can be funded. All fees shall be payable to the City at the rate in effect at the time the payment of the fess is required except as may otherwise be expressly provided in this Title 21. The City periodically reevaluates and, if appropriate, adjusts its fees as required by law. The reevaluation of the development fees takes into account the City's latest adopted general plan and any existing specific and area plans, the capital improvement program and other relevant policies and studies with the goal of having new development pay fees that will defray the cost of public facilities and improvements related to the new development. All other fees are periodically reevaluated and, if appropriate, adjusted so that the revenues generated do not exceed the costs of the program or service. The adoption of any adjustment to fees occurs at duly noticed public meetings where all those interested are given the opportunity to be heard.
(Ord. 3822 § 1, 2007; Ord. 3828 § 1, 2007)
(A) 
The deferral of the payment of any City fee from the time payment is otherwise required is not permissible except as provided in this section.
(1) 
Fees may be deferred for projects providing affordable housing units as to those affordable units that are under contract with the City. Only those development fees defined as such by California Government Code Section 66000(b), as may be amended or revised from time to time, and including any successor statutes or provision, are subject to deferral. Development fees deferred under this Section 21-01.020(A)(1) shall not be deferred for more than two years from the date when fees were otherwise due and payable. Fee deferral agreements under this Section 21-01.020(A)(1) shall not be assignable except in the discretion of the City Attorney and with prior written consent.
(B) 
An application for fee deferral under this chapter shall be filed with the Planning and Economic Development Department at least 120 days prior to the date when the fees would otherwise be due.
(C) 
Any deferral of fees under this Title 21 shall be documented by written agreement in a form approved by the City Attorney and shall be subject to prior approval by the City Council. All fee deferrals shall be secured by a deed of trust and such other security as may be required by the City Attorney. The applicant shall pay all title insurance, recording and any other processing fees. The unpaid fee balance, calculated at the rate in effect at the time payment was otherwise required, shall be due and payable in full upon the sale or any other transfer of the property offered as security for payment of the fee, or upon the placement of permanent financing for the project, or at such other time as may be expressly provided in the written agreement. The fee deferral agreement shall include provisions imposing penalties for delinquent accounts. The City may require such other terms and conditions for the fee deferral as it deems necessary to protect the City's interests.
(D) 
The Council will be regularly advised of the total amount of fee deferrals that are outstanding and the status of outstanding fee deferral accounts.
(E) 
Water and sewer demand fees may be paid in accordance with a payment plan policy, if any, approved by the Board of Public Utilities.
(Ord. 3822 § 1, 2007; Ord. 3828 § 1, 2007; Ord. 2018-013 § 1)
Unless project conditions of approval or other provisions of the Santa Rosa City Code establish a different time of payment, all development impact fees shall be paid to the City no later than at the time of final inspection, excepting payment of school impact fees and other fees not within the jurisdiction of the City which shall be paid at the time of building permit issuance, or, if no building permit is required, fees shall be paid upon the approval of a use which requires a use permit or other permit or approval authorizing the change in use.
(Ord. 3995 § 16, 2012)