Pursuant to Government Code Section
66001(d), whenever fees collected pursuant to the ordinance codified in this chapter remain unexpended or uncommitted for five or more years after deposit of the fee, the city council shall make findings once each year with respect to the unexpended amount. The city council shall identify the purpose for which the fee is to be used, and demonstrate a reasonable relationship between the fee and the purpose for which it was charged. The findings required by this section need only be made for monies in possession of the city, and need not be made with respect to any letter of credit, bonds or other items given to secure payment of the fee at a future date.
The city shall refund to the then-current owner or owners of the new development project or projects, on a prorated basis the unexpended or uncommitted portion of the fees for which need cannot be demonstrated pursuant to this section. The city may refund the unexpended or uncommitted revenue by direct payment, by providing a temporary suspension of public facility impact fees, or by any other means consistent with this section. The determination of the means by which those fees are to be refunded is a legislative act.
If the city council determines that the administrative costs of refunding the unexpended or uncommitted fees collected pursuant to the ordinance codified in this chapter exceed the amount to be refunded, the city council, after a public hearing, notice of which has been published pursuant to Section
6061 of the California Government Code and posted in three prominent places within the area of the new development project, may determine that the unexpended or uncommitted fees shall be allocated for some other purpose for which the fees are collected and which serves the new development project on which the fees were originally imposed.
(Ord. 608 § 7 (part), 2000)