Sec. 17-207. - Fee adjustment.

An applicant of any project subject to the DIFs described in this article may apply to the city council for a reduction or waiver of the DIF based upon the absence of any reasonable relationship between the impact on public facilities of that development and either the amount of fee charged or the type of facilities to be financed. Such requests shall be subject to the process outlined below.

(a)

The application shall be made in writing and shall be processed concurrently with the development permit application for the project when submitted to the planning department.

(b)

The application shall state in detail the factual basis and legal theory for the claim of reduction or waiver. The applicant shall bear the burden of proof of presenting substantial evidence to support the request for an adjustment or waiver.

(c)

The filing of a request for a fee reduction or waiver shall not stay the imposition or collection of any fee calculated by the city 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 DIF is required unless a cash deposit, letter of credit, bond or other surety acceptable to the city attorney in an amount equal to the fee calculated for the DIF.

(d)

If a reduction or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment, or reduction of the fee.

(Ord. No. 2286, § 3(Exh. A), 12-1-15)