Chapter 16.209 — FEE ADJUSTMENTS AND APPEALS

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)