The required specific plan recovery fee for a development in a designated specific plan shall be paid in an amount established by resolution of the City Council. The required specific plan recovery fee shall be due and paid on a lump-sum basis prior to issuance of the building permit for a development.
(Ord. 12-777, § 2)
(a) 
The following uses and types of developments shall be exempt from the payment of specific plan recovery fees:
(1) 
Any residential development that does not increase the number of permanent housing units that exist at the time of the application for the development on the parcel or parcels of land where the construction is proposed to take place, such as with a remodeling or rebuilding of existing units.
(2) 
The remodeling or rebuilding of an existing non-residential structure, provided the remodeling or rebuilding does not do any of the following:
(i) 
Increase the square footage of the structure above that of the previously existing structure;
(ii) 
Increase the building footprint above that of the previously existing structure;
(iii) 
Change the use to which the property or structure is to be put; or
(iv) 
Increase the average daily trips generated from the property above the amount generated by the prior use of the property.
(3) 
City owned facilities, including, but not limited to, public libraries and public parks.
(4) 
Publicly owned facilities serving the health and safety of the public, including, but not limited to, police, fire and safety facilities.
(b) 
A developer may be exempted or allowed a reduction in fees from the specific plan recovery fee requirements of Section 3-7.101 if the developer enters into a development agreement with the city pursuant to which specific plan recovery fees are assessed to the developer but offset in whole or in part based on other payments, public dedications or improvements to be provided by the development. In such cases, the specific plan recovery fee may be reduced by the amount of the other payments, public dedications or improvements that would be reasonably incurred by the City. The amount of such reduction shall be subject to the approval of the City's City Manager, or designee, prior to the making of the payment, dedication or construction of the improvements.
(c) 
If a fee exemption or a fee reduction is granted pursuant to this section, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property shall require the applicant to pay the specific plan recovery fee applicable to the portion of the development that was not already subject to the fee exemption or fee reduction. The amount of the fee shall be based on the fee in effect at the time of the change or expansion.
(Ord. 12-777, § 2)
(a) 
A developer subject to the specific plan recovery fee required by this chapter for a particular project may apply to the City Manager, or designee, for a fee adjustment based upon a showing of substantial evidence that the amount of the specific plan recovery fee charged to the developer is not proportional to the developer's relative benefit derived from the specific plan. The application shall be made in writing and filed with the City Manager or designee not later than 30 days prior to the public hearing on the development permit application for the project. If development review is not required for the development, then the application shall be made in writing and filed no later than at the time of filing the request for a building permit. The application shall state in detail the factual basis for the request for reduction.
(b) 
The City Manager or designee shall make a decision on the application for adjustment within 30 calendar days after the application has been filed. Notice of the City Manager's decision shall be mailed to the developer.
(c) 
The decision of the City Manager or designee may be appealed to the Planning Commission by filing an application for appeal with the City Clerk. The application must be filed within 15 calendar days after notice of the City Manager's decision has been mailed to the developer.
(d) 
The Planning Commission shall consider the appeal at a public hearing to be held within 30 calendar days after the appeal application has been filed. Notice of the Planning Commission's decision shall be mailed to the developer.
(e) 
The decision of the Planning Commission may be appealed to the City Council by filing an application for appeal with the City Clerk. The application must be filed within 15 calendar days after notice of the Commission's decision has been mailed to the developer.
(f) 
The City Council shall consider the appeal at a public hearing to be held within 30 calendar days after the appeal application is filed. The decision of the City Council shall be final. The decision of the City Council shall be in writing and shall be mailed to the developer.
(g) 
If a fee exemption or a fee reduction is granted pursuant to this section, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property shall require the applicant to pay the specific plan recovery fee applicable to the portion of the development that was not already subject to the fee exemption or fee reduction. The amount of the fee shall be based on the fee in effect at the time of the change or expansion.
(h) 
If a fee exemption, fee reduction or land use category adjustment is not granted pursuant to this section, then upon the payment of the required fees, the City shall provide the developer a written notice of the amount of the fees or a description of the dedications, reservations, or other exactions, and shall also provide notification that the 90 day protest period has begun.
(Ord. 12-777, § 2)
All specific plan recovery fees paid and collected pursuant to this chapter shall be placed into a separate account established for such fee and used solely for the purpose of defraying the cost of the preparation, adoption, and administration of the specific plan for which the specific plan recovery fee is required.
(Ord. 12-777, § 2)
Except as may otherwise be provided in the resolution which adopts the fee amount, a developer subject to the payment of specific plan recovery fees required by Section 3-7.101 must pay the amount of the fee that is in effect when the fee becomes due as provided in Section 3-7.101 for specific plan recovery fees. The amount of the fee is the amount specified by resolution of the City Council, as amended from time to time. The fee imposed on a development project for which vested rights have been acquired through a vesting tentative subdivision map or a development agreement shall be the fee in effect at the time the rights became vested, plus any adjustment for inflation made between that date and the date the fee becomes due.
(Ord. 12-777, § 2)