§ 13.08

In the event that the City Engineer determines that the Subdivider has submitted a timely application which demonstrates that the Subdivider will be able to complete all of the requirements described in section 13.08.010 (a)—(j), the City Engineer shall prepare a written determination of the amount of potential credit available to the Subdivider. The calculation of the amount of potential credit shall be made pursuant to the terms of this section. Of the total program costs, as defined in section 13.04.050, the Subdivider may be entitled to potential credit for the following components:

(a)

Estimated construction costs for the specified public facility;

(b)

Estimated design costs;

(c)

Estimated construction management costs;

(d)

Estimated costs of land acquisition;

(e)

The Subdivider shall not be entitled to any credit for program implementation or contingencies.

(§ 1, Ord. 975 C.S., eff. August 15, 1998)

After the Subdivider receives the City Engineer's written determination of the amount of potential credit available to the Subdivider, and the Subdivider establishes completion of all requirements described in sections 13.08.010 (f)—(i), the City Engineer shall prepare a written determination of the amount of actual credit available to the Subdivider. The Subdivider may apply the actual credit against fees which would otherwise be imposed upon the Subdivider, in accordance with this section. However, the Subdivider shall be entitled to apply the credit against fees only if the Subdivider submits to the City Engineer a written designation of credit allocation which establishes the following:

(a)

To apply credit to any or all lots within a final map or final parcel map, the designation must be made no later than the date of issuance of the first building permit for the final map or final parcel map; provided that a Subdivider may submit a late application if the Subdivider pays a processing fee established in accordance with City regulations to cover the City's reasonable costs associated with administering the late application. The designation may be made no sooner than the date on which the City approves the final map or final parcel map.

(b)

The credits may only be applied to lots within the development project or projects for which the application for credit was made.

(c)

The credits may only be applied to fees for the specified public facility category in which the credited public facility (i.e., the public facility constructed by the Subdivider) is included.

(d)

The designation must specifically identify to which lots the credit will be applied.

(e)

The total amount of credit to be applied shall not exceed the amount of actual credit available to the Subdivider, as set forth in the City Engineer's written determination.

(f)

The credits may only be applied on a lot-by-lot basis to lots for which the Subdivider has a sufficient actual credit balance to offset the full fee (as described in section 13.08.040); provided that, for the last lot to which the Subdivider applies credit, the Subdivider may apply a partial credit to offset a portion of the fee. The credits may not be applied on a pro rata basis to apportion partial credit over multiple lots.

(g)

No credits shall be allocated retroactively. That is, no credits shall be applied to any lot for which fees have already been paid to the City.

(§ 1, Ord. 975 C.S., eff. August 15, 1998)

In the event that the City Engineer determines that the Subdivider has properly designated the application of credit against fees, pursuant to section 13.08.030, the City Engineer shall prepare a written determination of credit allocation and credit balances which will be calculated as follows: The amount of actual credit available to the Subdivider shall be debited in an amount equal to the sum of: (a) the amount of reimbursements requested by the Subdivider pursuant to section 13.08.050, and (b) the product of: (1) the number of lots properly designated in accordance with section 13.08.030, and (2) the relevant fee for the specified public facility category in effect (pursuant to implementing resolution) at the time of the designation.

(§ 1, Ord. 975 C.S., eff. August 15, 1998)