§ 27-1.7. Unit/Fee Adjustments.

a.

Fee Adjustment . A developer of any project subject to the affordable housing unit/fee may apply to the Director of Development Services for a reduction or adjustment to the fee, or a waiver of the fee, based upon the absence of any reasonable relationship or nexus between the impacts of that development and the amount of unit/fee charged. The application shall be made in writing and filed with the Director of Development Services no later than the time of the issuance of a building permit authorizing construction of the project that is subject to the fee or, where a building permit is not required, a use permit. The application shall state completely and in detail both the applicant's factual basis and legal theory for adjustment or waiver and compare its proposal with the analysis set forth in the Nexus Study. The Director of Development Services shall consider the application and render a decision in writing within thirty (30) days. The decision of the Director of Development Services is appealable pursuant to subsection 27-1.7(b).

b.

Appeal Procedure . A decision of the Director of Development Services on an application for a fee waiver pursuant to subsection 27-1.7(a) shall be appealable in accordance with this section. A person seeking judicial review of a decision shall first complete an appeal under this section. Any person wishing to appeal a decision of the Director of Development Services shall file an appeal to the City Council in writing with the City Clerk not later than ten (10) days from the date of the written decision of the Director of Development Services. The written appeal shall state completely and in detail the factual and legal grounds for the appeal. The City Council shall consider the appeal at a public hearing within sixty (60) days after the filing of the fee adjustment application. The decision of the City Council is final.

c.

Fee for Adjustment Request or Appeal . The cost of the request for fee adjustment and appeal shall be borne by the applicant in an amount set forth in the Master Fee Resolution of the City Council.

d.

Refund of Fee . If the affordable housing unit/fee is paid and the building permit is later canceled or voided, or if a use permit which triggers the application of the fee fails to vest within the terms of the use permit, the Director of Development Services may, upon written request of the developer, order return of the fee and interest earned on it less administrative costs if (1) the fees paid have not been committed, and (2) work on the private development project has not progressed to a point that would permit commencement of a new, changed, or expanded use for which a fee would be payable. If the findings required by Government Code Section 66001(d) are not made, a refund to the then owner of the property for which the fee was paid shall be made pursuant to Government Code Section 66001.

(Ord. No. 2859 N.S.)