Chapter 9 — PROTEST PROCEDURES

In accordance with Government Code Section 66020, a developer may protest the imposition of interim development impact fees on a development project by complying with the following requirements:

• A. Tendering any required payment in full or providing satisfactory evidence of arrangements to pay the fee when due; and

• B. Serving a written notice on the City Clerk, including (1) a statement that the required payment is tendered or will be tendered when due and (2) a statement informing the City of the factual elements of the dispute and the legal theory forming the basis for the protest.

• (Ord. 19-1931 § 2)

Any such protest shall be filed within the applicable time frame, as follows:

• A. For projects that require approval or conditional approval of a development, the protest shall be filed at the time of the approval or conditional approval. For purposes of this Section, and pursuant to Government Code Section 66020(g), "approval or conditional approval of a development" occurs when the tentative map, tentative parcel map, or parcel map is approved or conditionally approved, or when the parcel map is recorded if a tentative map or tentative parcel map is not required.

• B. For projects that do not require approval or conditional approval of a development, as defined above, the protest shall be filed within ninety (90) days after approval by the City of the entitlement or permit that imposes the interim development impact fees on the development.

• (Ord. 19-1931 § 2)

The City Council shall consider the protest at a public hearing within sixty (60) days after it is filed, and the decision of the City Council shall be final. (Ord. 19-1931 § 2)

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