A developer of any development project subject to an impact
fee described in this title may submit a request to the Director of
Community Development for an adjustment to the fee when the applicant
can demonstrate that there are special characteristics of the development
project that will result in less impact than that assumed in the fee
calculations. The burden shall be on the applicant to demonstrate
that the adjustment is necessary.
A.
Written
Request
The fee adjustment request shall be made in writing and filed
with the Department of Community Development prior to the public hearing
on the development project, or if no public hearing is required, prior
to issuance of the building permit for the project. The applicant
shall state in detail the factual basis for the claim of adjustment.
The filing of a request for a fee adjustment shall not stay
the imposition or the collection of any fee calculated by the City
to be due unless sufficient and acceptable surety has been provided.
No final tract or parcel map shall be recorded, or building permit
issued, for any development project for which a fee is required unless
the fee adjustment application is accompanied by a cash deposit, letter
of credit, bond or other surety acceptable to the City Attorney in
any amount equal to the fee calculated to be due.
B.
Decision
The Director shall act expeditiously on all requests for fee
adjustments. If an adjustment of fees is granted, any change in use
of the subject development project property or any increase in the
square footage of the development project shall invalidate the adjustment.
(08-05)
A developer of any development project subject to impact fees, or any other person, may appeal any decision of the Director of Community Development pertaining to the applicability of a fee, the fee rate assigned to a proposed development, the amount of the fee, the applicability of an exemption, or the eligibility for or amount of credit or refund of a fee, pursuant to Chapter 16.321. The burden of proof shall be on the appellant to establish that the decision of the Director is erroneous pursuant to the express terms or intent of this Code and applicable state law.
(08-05)
