A. 
Each applicant is hereby notified that, in order to protest the imposition of any impact fee required by this chapter, the protest must be filed in accordance with the requirements of this chapter and the Mitigation Fee Act. Failure of any person to comply with the protest requirements of this chapter or the Mitigation Fee Act shall bar that person from any action or proceeding or any defense of invalidity or unreasonableness of the imposition.
B. 
On or before the date on which payment of the fee is due, the applicant shall pay the full amount required by the City and serve a written notice to the Director with all of the following information: (1) a statement that the required payment is tendered, or will be tendered when due, under protest; and (2) a statement informing the City of the factual elements of the dispute and the legal theory forming the basis for the protest.
C. 
After receipt of the notice from the applicant, and prior to the informal hearing to be scheduled in accordance with Section 11.01.210, the Director shall investigate the factual and legal adequacy of the applicant's protest. At the request of the Director, the applicant shall provide additional information or documentation in substantiation of the protest.
D. 
The applicant shall bear the burden of proving, to the satisfaction of the Director, entitlement to a fee adjustment or waiver. The evidence (information and documentation) to be submitted by the applicant in support of the protest shall include, but is not limited to, an identification of the amount of the fee which the applicant alleges should be imposed upon the development project, and all factual and legal bases for the allegation. The applicant shall identify each portion of this chapter and any implementing resolution which the applicant claims supports the allegation. The applicant shall identify each portion of this chapter (in particular but not limited to the elements summarized in Section 11.01.030) and each portion of any implementing resolution (in particular but not limited to the technical reports incorporated therein) which the applicant claims fails to support the City's imposition of the fee upon the development project.
(Ord. 2005, Amended, 08/12/2025)
A. 
The Director shall schedule an informal hearing regarding the protest, to be held no later than 60 days after the imposition of the impact fees upon the development project, and with at least 10 days' prior notice to the applicant (unless other dates are otherwise agreed to by the Director and the applicant).
B. 
During the informal hearing, the Director shall consider the applicant's protest, relevant evidence assembled as a result of the protest, and any additional relevant evidence provided during the informal hearing by the applicant and the City. The Director shall provide an opportunity for the applicant to present additional evidence at the hearing in support of the protest. However, in weighing relevant evidence, the Director may consider the extent to which the applicant provided requested substantiating evidence prior to the hearing.
(Ord. 2005, Amended, 08/12/2025)
When the Director determines that sufficient evidence has been submitted to decide the protest, the Director shall close the informal hearing, and issue a written determination regarding the protest. The Director may continue the informal hearing to assemble additional relevant evidence. The Director's determination shall support the fee imposed upon the development project unless the applicant establishes, to the satisfaction of the Director, entitlement to an adjustment to or waiver of the fee.
(Ord. 2005, Amended, 08/12/2025)
Any applicant who desires to appeal a determination issued by the Director pursuant to Section 11.01.220 shall submit a written appeal to the Director and the City Manager. A complete written appeal shall include a complete description of the factual elements of the dispute and the legal theory forming the basis for the appeal of the Director's determination. An appeal received by the City Manager more than 10 calendar days after the Director's determination may be rejected as late. Upon receipt of a complete and timely written appeal, the City Manager shall appoint an independent hearing officer to consider and rule on the appeal.
(Ord. 2005, Amended, 08/12/2025)
The independent hearing officer shall, in coordination with the applicant and the Director, set the time and place for the appeal hearing, and provide written notice thereof. The independent hearing officer may issue directives related to the conduct of the hearing in an effort to facilitate resolution of the dispute or narrow the issues in dispute, including pre-hearing or post-hearing briefs pursuant to a briefing schedule, and scheduling presentations of evidence during the hearing. The independent hearing officer shall consider relevant evidence, provide an opportunity for the applicant and the City to present additional non-duplicative evidence at the hearing, and preserve the complete administrative record of the proceeding.
(Ord. 2005, Amended, 08/12/2025)
Within 30 days after the independent hearing officer closes the hearing and receives post-hearing briefs (if any), the independent hearing officer shall issue a written decision on the appeal which shall include a statement of findings of fact in support of the decision. The independent hearing officer's discretion shall be limited to a determination that either supports the Director's determination, or orders the City to refund all or a portion of the impact fees to the applicant. The applicant shall bear the burden of proving entitlement to a fee adjustment. The decision of the hearing officer is final and conclusive, and is subject to judicial review only in accordance with all requirements of Government Code Section 66020.
(Ord. 2005, Amended, 08/12/2025)
The applicant shall pay all City costs related to any protest or appeal pursuant to this chapter, in accordance with the fee schedule adopted by the City. At the time of the applicant's protest, and at the time of the applicant's appeal, the applicant shall pay a deposit in an amount established by the City to cover the estimated reasonable cost of processing the protest and appeal. If the deposit is not adequate to cover all City costs, the applicant shall pay the difference within 20 days after receipt of written notice from the Director.
(Ord. 2005, Amended, 08/12/2025)
As a condition of any adjustment or waiver made for a fee imposed upon a particular development project, the applicant may be required by the Director or the independent hearing officer to provide an acknowledgement and waiver, in a form acceptable to the Director, of any further right to protest or appeal the City's imposition of fees for that development project.
(Ord. 2005, Amended, 08/12/2025)