Sec. 17-54. - Definitions.

For the purposes of this article III, these terms shall have the following definitions:

Change of use means any proposed use of an existing structure (or a previously existing structure) on a parcel which: (a) requires a building permit or other permit or city approval (such as a conditional use permit), and (b) the proposed use is included in a different property use category (as defined in implementing resolutions) than the last legal use of the existing structure.

Development project means any project undertaken for the purpose of development and shall specifically include a project involving the issuance of a building permit for construction or reconstruction, or any other permit or city approval required for construction or reconstruction or a change of use. "Development project" shall specifically include any change of use.

Director means the city's in finance director or person designated by the city manager to act as the director for purposes of this article.

Fee means a development impact fee imposed by the city in accordance with this article. "Fee" does not include fees charged in lieu of park land dedication under Government Code Section 66477, which are imposed under Belmont City Code Chapter 17, Article IV.

Inflation index means a recognized standard index (such as the Consumer Price Index), as determined in an implementing resolution to be a reasonable method of calculating the impact of inflation upon cost estimates set forth in implementing resolutions.

Permit means the city building permit required for a development project, or, if the development project consists of a change of use for which no building permit is required, any other permit or city approval required for the change of use.

(Ord. No. 2014-1081, § 1, 11-25-14)

Secs. 17-55—17-59. - Reserved. DIVISION 2. - PAYMENT OF FEES

Sec. 17-60. - Obligation to pay fees.

(a)

Each applicant for city approval of a development project (including applications for a change of use) shall pay impact fees to the city, in accordance with the amounts set forth in implementing resolutions, unless the applicant establishes, to the satisfaction of the director, entitlement to a fee credit under division 3 of this article or a fee adjustment under division 4 of this article.

(b)

The obligation to pay impact fees under this article shall not replace an applicant's obligation to mitigate development project impacts in accordance with other requirements of state or local law.

(Ord. No. 2014-1081, § 1, 11-25-14)

Sec. 17-61. - Timing of payment.

(a)

Nonresidential developments. The fees for all nonresidential uses within a development project shall be paid in full before the issuance of the permit required for that use.

(b)

Residential developments. The fees for all residential uses within a development project shall be paid in a lump sum when the first dwelling in the development project receives its final inspection or certificate of occupancy, whichever occurs first; unless the implementing resolution for that fee makes the findings required by Government Code Section 66007(b)(1) and requires payment in full before the issuance of the permit required for that use.

(c)

Affordable housing developments. For development projects that include lower income housing units meeting the criteria set forth in Government Code Section 66007(b)(2)(A), the fees for a development project shall be paid in a lump sum when the first dwelling in the development project receives its final inspection or certificate of occupancy, whichever occurs first.

(d)

Post-permit fee agreement. If the fee is to be paid after permit issuance, the applicant shall, as a condition of permit issuance, enter into a written agreement with the city as provided in this subsection. The written agreement with the city shall be recorded in the office of the San Mateo County recorder.

(1)

Contents of agreement. The agreement shall be signed by the property owner, be in a form approved by the city attorney, and contain all of the following:

a.

A legal description of the property;

b.

A provision that the agreement runs with the land, constitutes a lien on the property for the payment of the fees from the date of recordation and is enforceable against successors in interest;

c.

A provision that the fees must be paid before final inspection or issuance of a certificate of occupancy, whichever is first. Neither a final building inspection nor a certificate of occupancy shall be approved until all fees are paid, and no occupancy shall be permitted until the fees are paid; and

d.

A statement of the amount of the fees due.

(2)

Release of obligation. When the fees are paid in full, the city shall record a release of the obligation.

(3)

Compliance. No city official or agency may issue a permit with respect to a development project unless either the fees required by this article have been paid as required by subsections (a) and (b) or an agreement meeting the criteria set forth in this subsection (d) has been entered into and recorded in connection with the development project. No city official or agency may approve a final inspection or issue a certificate of occupancy for a development project, or otherwise allow occupancy of a development project, until the fees required by this article with respect to such development project are paid in accordance with this section.

(Ord. No. 2014-1081, § 1, 11-25-14)