Clovis Municipal Code Art. 2 Main Extensions, Connections, and Frontage Charges

For purposes of this chapter, the following words shall have the meanings indicated in this section:

(a)

“Assisted living facility”

shall be defined as a building or group of buildings containing individual living units or rooms for occupancy by infirm persons who require living assistance in the form of housekeeping services, meals, recreational programs, laundry services, shopping and transportation services, and/or limited medical care not involving a physician.

(b)

“Density,”

for purposes of applying the water supply charge to residential properties, shall be calculated as the total number of units divided by the area (in acres) of the parcel or parcels of land included in the development. The area shall include land which must be removed for local streets, parks, collector and arterial roads and infrastructure.

(c)

“Dwelling unit”

shall be defined as a room or suite of rooms which is occupied exclusively by one family (adjoining suites shall be considered separate units) for living and sleeping purposes, including a single-family residence, mobile home unit, apartment, townhouse, flat or condominium.

(d)

“Equivalent dwelling unit (EDU)”

shall mean, in general, a unit of development that is approximately equivalent in impact to the base unit as established in the justification reports on file with the City. For mini-storage facilities, equivalent dwelling units shall be rounded to the nearest tenth (0.1) of a unit and shall be defined as each gross acre.

(e)

“Gross acreage”

shall mean the total area of the land included within the boundaries of the lot and one-half (1/2) the area of all frontage streets and alleys. For public and nonpublic schools, the gross acreage shall include the entire developed site inclusive of plazas, open space, play areas, and sports fields plus one-half (1/2) the right-of-way on all boundary streets and alleys.

(f)

“Gross building area” or “building square footage”

shall mean the cumulative square footage of the building, in the case of a multi-story building it shall be the summation of square footage of all floors.

(g)

“Public utilities infrastructure”

for purposes of applying fees and exemptions pursuant to this chapter shall mean any City-owned facility or improvement that is funded by a City of Clovis development impact fee including water well sites, booster pump sites that are part of or appurtenant to the City water and recycled water systems, water reservoir sites, water recharge sites, water treatment facility sites, water reuse facility sites, and sewer lift station sites.

(h)

“Public facilities”

shall mean any building or site used exclusively to house a City of Clovis function including fire and police stations, City corporation yards, and City offices and buildings.

(§ 3, Ord. 10-19, eff. January 7, 2011; § 10, Ord. 13-13, eff. July 12, 2013)

Any person desiring an extension or connection to be made to the water system of the City shall make a request in writing to the City Engineer to obtain a permit therefor. The City Engineer shall determine if the extension requested is feasible and, in the event such extension is feasible in his opinion, shall issue a permit therefor and, as a condition of such permit, shall require such person to pay the cost of such extension from the point of connection to the existing City water system across the entire property to be served or developed.

(§ 1, Ord. 329; as amended by § 1, Ord. 77-15, eff. July 1, 1977; Ord. 96-20, amended, December 18, 1996; § 10, Ord. 13-13, eff. July 12, 2013)

Any such installation shall be in accordance with the specifications of the City and of the size and grade designated by the City Engineer. All connections to the City water system shall be made in the presence of a City employee certified as a distribution operator by the State of California.

(§ 1, Ord. 329; as amended by § 2, Ord. 77-15, eff. July 1, 1977; Ord. 96-20, amended, December 18, 1996; § 4, Ord. 09-21, eff. December 2, 2009; § 10, Ord. 13-13, eff. July 12, 2013)

Permits required: Charges. No person shall connect any lot to any city water main or any water service or add units, equivalent dwelling units, or building square footage to any lot that is connected to a City water main without a permit from the City Engineer. No permit shall be issued unless the following charges, when applicable, have been paid:

(a) Water oversize charges.

(1) Purpose. The water oversize charge provides for the difference in construction cost between eight-inch (8") water mains and valves and those greater than eight inches (8") diameter.

(2) Amount of fee. The water oversize charge shall be as set forth in the Master Development Fee Schedule, per gross acre for the property to be served by such connection and developed or used by the person so connecting. Area calculations shall be based upon the following:

(i) Property which has wholly or proportionately paid the water oversize acreage charge, when such fact has been or can be established to the satisfaction of the City Engineer, need pay only the water over-size acreage charge applicable to the portion of the property for which the charge has not been paid.

(ii) When only a portion of a lot is developed, and the remaining portion is to continue undeveloped or is to be used solely for the growing of agricultural crops or for public recreation uses not enclosed in a building, the City Engineer may require the payment of the water oversize acreage charge applicable only to that portion of the lot developed or to be developed; provided, however, the parcel for which such fees are charged shall have an area of not less than twelve thousand five hundred (12,500) square feet or one-fourth (1/4) of the lot, whichever is greater. When the balance of the lot is developed, the acreage charge shall be paid, regardless of whether or not additional water service is required. The City Engineer shall fix the portion of the lot which is to be considered as developed.

(3) FMFCD basins shall be exempt from the payment of fees or charges under this subsection.

(b) Water major facilities charges.

(1) Purpose. The water major facilities charge pays for the construction and financing of major transmission mains, water treatment facilities, water wells, pump stations, and storage facilities. These facilities are necessary components of the City’s water system and essential to providing water to City residents and the public. The City has a continuing cost for establishing, maintaining, and operating these facilities.

(2) Amount of fee. A major facilities water charge, as set forth in the Master Development Fee Schedule, shall be required for every lot sought to be connected to the water system.

The water major facilities fee rates shall be established by resolution adopted by the City Council, based upon the justification reports, as those reports may be subsequently amended or supplemented, and upon a determination that there is a reasonable relationship between the amount of the fee and the cost of the public improvement, or portion thereof, attributable to development of which the water major facilities fees are imposed.

The water major facilities fees shall be based on the following:

(i) Residential projects, hotels, motels, schools, churches, and hospitals shall pay water major facilities fees per dwelling unit or equivalent dwelling unit.

(ii) Retail, office, and industrial projects and assisted living facilities shall pay water major facilities fees per square foot of building.

(iii) Mini-storage facilities shall pay water major facilities fees per equivalent dwelling unit.

(iv) The rates charged for all projects except assisted living facilities, mini-storage facilities, churches, hotels, motels, and hospitals shall be based on the zoning of the property. Retail rates will apply on properties that are zoned C-1, C-2, C-3, and PCC. Office rates will apply to properties zoned C-P and P-F. Industrial rates will apply to properties zoned C-M, M-1, M-2, and M-P. For properties located within the RT zone district, rates will be based on the land use of the development as it is allowed within the zone districts listed above. The rates charged for assisted living facilities, mini-storage facilities, churches, hotels, motels, and hospitals shall be as indicated in the Master Development Fee Schedule regardless of the underlying zoning. For land uses, except those listed above, that are allowed in multiple zone districts the higher of the rate associated with the actual land use or the rate associated with the zoning shall apply.

(v) For public schools, portable/relocatable buildings that are used to provide additional student capacity are to be considered on a cumulative, City-wide basis, rather than a site specific basis. The School District shall be required to provide the City with an annual report containing the total number of portable/relocatable buildings within the City, currently in use for instructional space, together with the total gross building area of each of those portable/relocatable buildings. An equivalent dwelling unit (EDU) for portable/relocatable buildings shall be rounded to the nearest tenth (0.1) of a unit and shall be defined as one thousand five hundred (1,500) square feet or fraction thereof, of the total City-wide instructional space represented by portable/relocatable buildings. A water major facilities charge, as set forth in the Master Development Fee Schedule, per EDU, shall be required for any additional portable/relocatable classroom square footage added within the City that exceeds the previously paid baseline square footage. Moving portable/relocatable classrooms from one location to another within the City is not considered a net change in portable/relocatable square footage and will not result in the payment of additional fees. Only the addition of portable/relocatable classroom capacity in excess of the previously paid baseline square footage will be counted as additional units for fee purposes.

(vi) Private schools providing a K-12 curriculum and meeting the following criteria shall be subject to the rates for schools as set forth in the Master Development Fee Schedule:

a. Campus includes a mix of open space, recreation, or sports facilities and buildings similar to public schools.

b. Open space areas and recreation or sports facilities and assembly buildings are available to the public in a manner similar to public schools within the City.

Private schools not meeting the criteria shall be subject to the rates for office projects or the rate associated with the zoning on which the school is sited, whichever is greater.

(vii) FMFCD basins shall be exempt from the payment of fees or charges under this subsection.

(c) Water supply charges. All properties connecting to the City water system, and properties connected to the City water system that are subsequently developed or redeveloped to a land use or intensity that increases the water demand for the property, shall pay a water supply charge as set forth herein.

(1) In approving the water supply charges, the City Council finds as follows:

i. The City water system provides a necessary public service and a resource essential to life and growth in the City of Clovis. The health and safety of residents of the City of Clovis and members of the public require the City to provide an adequate water supply for residential, municipal, commercial, and industrial uses. Future development and redevelopment within the City and in areas to be annexed into the City require a sufficient supply of water to meet anticipated demands based on future development and more intensive land uses. (See Government Code Section 66473.7(b)(1).)

ii. Properties within the City of Clovis sphere of influence have no or insufficient surface water allocation. These properties will be developed or redeveloped with projects at densities or intensities that will create a potable water demand that exceeds any available water allocation. Approval of these projects or connection to the City water system will require that a source of surface water supply be secured to meet the demand that will be created by the proposed project or connection in order to avoid adverse impacts to the public health and safety.

iii. The Revised, Amended and Restated Cooperative Agreement between Fresno Irrigation District and City of Clovis for Water Utilization and Conveyance, dated September 1, 2019, limited the growth in the City’s Kings River Supply to 7.12 percent of the Fresno Irrigation District’s Kings water supply right, and shall remain fixed at 7.12 percent until the City and the Fresno Irrigation District mutually agree to adjust the City’s percentage of the Fresno Irrigation District’s Kings Water Supply. None of the surface water allocation provided by the Fresno Irrigation District shall be used to supplant or replace the water allocation for property either within the boundaries of the Garfield Water District or within the boundaries of the International Water District.

iv. To meet demand for growth, the City will need to develop, secure, and pay for sufficient additional water supply for the City’s water system. Without the additional water supply, the City would be unable to serve new development and redevelopment at more intensive land uses, and if required to serve new development or redevelopment, the result would be significant adverse impacts to public health and safety. Therefore, the City must establish a water supply fee to cover the anticipated costs. The costs associated with securing additional water supply will vary based on then-current available water supply and intended property use and water use demands. The water supply fee is essential to provide a necessary public service to the City of Clovis.

v. These findings are based on the City’s water master plan or other reports on file with the City, and on such other information provided to the City Council at the public hearing concerning the adoption of fees pursuant to this section, including reports from the City Engineer, City Manager, and such consultants as the City Council deemed necessary.

(2) Pursuant to the above findings, the City hereby establishes a system for the coordinated acquisition of water supply in order to accomplish the following:

i. To coordinate the effort to acquire surface water supply to meet the identified need; and

ii. To establish a financing mechanism for the acquisition of surface water supply which creates a reasonably equitable distribution of the cost based on the demand imposed and the benefits received.

(3) Water supply charges shall be established by resolution adopted by the City Council, based upon the justification reports, as those reports may be subsequently amended or supplemented, and upon a determination that there is a reasonable relationship between the amount of the fee and the cost to provide supplemental water supply as needed for property connection, development or redevelopment. The water supply charge shall be included in the Master Development Fee Schedule.

(4) The water supply charge shall be assessed per gross acre for all properties to be connected to the water system and for properties connected to the City water system that are subsequently developed or redeveloped to a land use or intensity that increases the water demand for the property. The water supply charge will be based on the unit cost to acquire an annual surface water supply adequate to meet the excess demand imposed by the development or redevelopment based on the potable water demand assumptions contained in the water master plan.

(5) The water supply charge shall be applied as follows:

i. Single-family residential, multifamily residential and nonresidential developments, public schools, and planned regional, community and area parks shall pay a water supply charge for each gross acre of development based on the type of use as set forth in the Master Development Fee Schedule.

ii. FMFCD basins shall be exempt from the payment of fees or charges under this subsection.

iii. For nonresidential developments with floor-to-area ratios exceeding three-tenths (0.3), the City Engineer may require the payment of a water supply charge based on an approved project water assessment.

iv. Charges for developments that utilize a nonpotable water supply for landscape irrigation shall be based on the potable component of the total water demand for the development, as determined by an approved project water assessment.

v. Redevelopment projects that will result in an increase in density shall pay the charges based on the demand imposed by the new density. Redevelopment projects with no increase in building area or density shall be exempt.

vi. For developments on properties that have existing water service involving a change in use, the charge shall be based on the increase in water demand. If the land use change results in a decrease or no change in water demand, no fee will be due.

vii. For residential parcels in the City not already connected to the City water system that desire or are forced to connect to the City water system, the City Engineer may require the payment of the water supply charge for only the portion of the parcel that is actually developed or to be developed and uses water from the City water system. In no case shall the charge be for less than the equivalent of a twelve thousand five hundred (12,500) square foot lot.

(6) Payment. The water supply charges shall be due and payable prior to any new connection to the water system and as a condition precedent to and upon approval of a final map, or a building permit issued pursuant to or in conjunction with a conditional use permit, or a site plan, or a parcel map, or any other building permit for which the water supply charges are applicable.

(d) Nonpotable water system charge. A nonpotable water system charge, as set forth in the Master Development Fee Schedule, per gross acre, shall be required for every parcel developed. The fee will be calculated based on the construction cost divided by the estimated remaining developable area within street service areas 1, 2, 3, 4, and 5.

(1) No nonpotable water system charge will be required for modifications to existing single-family residential structures meeting the following criteria:

i. The structure was originally constructed within the City’s corporate limits; or

ii. The structure lies within the City’s original 1912 corporate limits.

(2) The fee for modifications to existing residential, single-family residential, and multifamily residential which add to the building square footage but do not meet the above criteria and have not fully paid a nonpotable water system fee shall be based on the ratio of the additional building square footage to the total building square footage including the building addition, multiplied by the gross area of the lot.

(3) When structural additions are added to an existing nonresidential structure, including hotels and motels, which has not fully paid its nonpotable water system fee obligation, nonpotable water system fees shall be assessed and collected based on the ratio of the additional square footage to the future building square footage, multiplied by the gross acreage of the lot.

(4) FMFCD basins shall be exempt from the payment of fees or charges under this subsection.

(e) Administrative charge. All fees and charges shall include an administrative charge not to exceed the percentage shown in the Master Development Fee Schedule to cover the cost of the City’s record keeping and handling, except that if sufficient fees are held in the particular fund and general interest sufficient to cover such costs, the administrative charge will be taken from such interest.

(f) Public utilities infrastructure. Any development considered to be public utilities infrastructure shall be exempt from the payment of water supply charges, water oversize gross acreage charges, nonpotable water system charges, and water major facilities charges under this section.

(g) Public parks and City government facilities. Planned regional, community, and area parks as defined in the Clovis General Plan, fire stations, police stations, public libraries, and other government buildings shall be exempt from the payment of water oversize gross acreage charges, nonpotable water system charges, and major facilities water charges under this section, but shall be subject to water supply charges.

(§ 1, Ord. 329; as amended by § 3, Ord. 77-15, eff. July 1, 1977; § 10, Ord. 79-25, eff. August 1, 1979; § 1, Ord. 91-25, eff. July 17, 1991; § 5, Ord. 93-19, eff. August 18, 1993; § 7, Ord. 93-24, eff. December 1, 1993; § 2, Ord. 94-24, eff. October 6, 1994; Ord. 96-20, eff. December 18, 1996; § 7, Ord. 00-12, eff. May 31, 2000; § 11, Ord. 02-12, eff. June 5, 2002; §§ 13, 14, Ord. 03-15, eff. June 18, 2003; § 3, Ord. 03-21, eff. August 13, 2003; §§ 20, 21, Ord. 04-14, eff. May 5, 2004; § 7, Ord. 07-19, eff. August 3, 2007; § 4, Ord. 10-19, eff. January 7, 2011; § 10, Ord. 13-13, eff. July 12, 2013; § 3, Ord. 13-25, eff. December 2, 2013; § 1, Ord. 15-07, eff. May 1, 2015; §§ 1, 2, Ord. 20-06, eff. May 6, 2020; §§ 3, 4, Ord. 24-09, eff. July 17, 2024)

Every person connecting to a water line of the City or adding units, equivalent dwelling units, or building square footage to any lot that is connected to a City water main shall pay a front footage charge, as set forth in the Master Development Fee Schedule, per front foot of property to be served by such connection. FMFCD basins shall be exempt from the payment of fees under this section. The front footage shall be calculated as follows:

(a) Purpose. The front footage water charge provides for reimbursement of one-half (1/2) of the cost to construct eight-inch (8") public water mains within streets, alleys, thoroughfares, and easements that serve multiple properties;

(b) Amount of fee. The front footage water charge shall be as set forth in the Master Development Fee Schedule per front foot of land sought to be connected. Measurement of front footage shall be based on the dimensions of the gross parcel including all adjacent public streets, alleys, easements, and thoroughfares. On lots with multiple street, alley, thoroughfare, and easement frontages, the total front footage shall be determined by adding the length of all frontages. The total length on any side of the parcel shall not exceed the total length of existing or planned water main along that frontage. No front footage water charge shall be payable with respect to property which has borne wholly or proportionally the cost of water mains and such fact has been, or can be, established to the satisfaction of the City Engineer;

(c) Property which has not previously had City service (except for water service solely for fire protection) shall pay a front footage charge only to the extent that such front footage charge or the cost of the main serving the premises has not heretofore been paid by the applicant or his predecessor in interest; provided, however, no such charge shall be collected for that portion of the frontage where the applicant is required to extend a main across his property frontage as a condition precedent to receiving service;

(d) When only a portion of a lot is developed and the remaining portion is to continue undeveloped or is to be used solely for the growing of agricultural crops, the City Engineer may require the payment of the front footage charge applicable only to that portion of the lot developed or to be developed; provided, however, the parcel for which such fees are charged shall have an area of not less than twelve thousand five hundred (12,500) square feet or one-fourth (1/4) of the lot, whichever is greater. When the balance of the lot is developed, the front footage on that portion shall be paid regardless of whether or not additional water service is required. The City Engineer shall fix the portion of the lot which is to be considered as developed;

(e) Where a property fronts on a street in which there is an existing main from which service could be rendered, but the applicant elects to install water mains to serve all or portions of such property in streets or other rights-of-way which he dedicates within his property, he shall pay frontage charges for the portions of his property served from the additional mains in an amount equal to one-half (1/2) of the frontage charges calculated on the basis of the frontage of such portions prior to such dedication; and

(f) Properties on behalf of which no contribution has been made to the cost of the water mains, and which receive services from extensions made in other than dedicated and surfaced streets, shall pay to the City the same front footage charge as would be payable if the line were located in a dedicated street adjacent to the property to be served.

(§ 2, Ord. 329; as amended by § 4, Ord. 77-15, eff. July 1, 1977; § 6, Ord. 93-19, eff. August 18, 1993; § 8, Ord. 93-24, eff. December 1, 1993; § 4, Ord. 96-10, eff. July 1, 1996; Ord. 96-20, eff. December 18, 1996; Ord. 97-11, eff. June 5, 1997; § 6, Ord. 99-5, eff. May 12, 1999; §§ 5, 6, Ord. 10-19, eff. January 7, 2011; § 10, Ord. 13-13, eff. July 12, 2013; § 5, Ord. 24-09, eff. July 17, 2024)

(a) Transmission water mains. When a water main installed by a person is required by the City Engineer pursuant to Section 6.5.202 to be constructed to a transmission main size that is twelve inches (12") in size or larger the City shall reimburse such person as set forth in the Master Development Fee Schedule.

The amount to be reimbursed on account of the installation of a transmission main shall be credited against the charges to be paid under Section 6.5.203 on behalf of all property contributing to the cost thereof in proportion to the amount of such contribution. In the event the credit for any such property exceeds such charges, then a sum equal to the difference shall be paid from the Water Fund upon the completion of the main.

(b) Water mains.

(1) This subsection shall be applicable to all water mains, including valves, installed pursuant to Section 6.5.201, except those constructed by special assessments.

(2) Any person installing a water main, prior to the construction of the main, shall file with the City Engineer a legal description of the properties on behalf of which contributions have been made to the cost of the construction, and a statement of the proportions of the cost borne by each property, and within ninety (90) days following the completion of the main shall file with the City Engineer a financial statement stating the cost (excluding any City reimbursement) of the construction of the main. In the event a financial statement has not been filed with the City Engineer within such period, then a refund under subsection (b)(3) of this section shall not be made in the event additional property is connected to the main constructed. If an ownership statement is not filed prior to construction, only the property served by the main, owned by the person who installed the main on the date of the commencement of the installation, will be deemed to have paid for the installation; provided, however, if within seven (7) years after the date of the commencement of the installation, such person acquires in fee property served by the main which would otherwise be subject to the payment of the frontage charges, such person shall also be deemed to have paid the frontage charges for such property.

(3) For a period of twenty (20) years after the completion of a water main referred to in subsection (b)(1) of this section, ninety percent (90%) of the frontage charges collected by the City pursuant to Section 6.5.204 for connection to such water main shall be paid in proportion by the City to the owner or owners of property on behalf of which contributions were made to the cost of construction of such water main or to their assignees; provided, however, the total refund shall not exceed one hundred percent (100%) of the cost of constructing water mains which do not front on any contributing property and fifty percent (50%) of the cost of constructing water mains fronting on properties on behalf of which contributions were made to the cost of constructing the water mains, nor shall the total refund exceed the total amount of the frontage charges which would have been payable by property on behalf of which no contribution was made to the cost of installation as of the date of the completion of the main. Such reimbursements shall be paid from the Water Fund.

(4) If the total amount of the frontage charges (based on fees in effect on the date of the completion of the main) which would be collectible from property on behalf of which no contribution has been made to the cost of the installation is less than one thousand and no/100ths dollars ($1,000.00), the City Engineer may elect to proportionally reimburse from the Water Connection Charge Fund, after the completion of the main, to the person or persons contributing to the cost of constructing the main ninety percent (90%) of the amount of such frontage charges which would be collectible from noncontributing property, in which case such person or persons will not be eligible for the exemption provided for in subsection (b)(2) of this section nor for the further refunds provided for in subsection (b)(3) of this section.

(5) For the purposes of reimbursements, where a property has more than one frontage, the actual front footage charge paid shall be apportioned between the frontages on which the calculation of charges was based in the ratio of the total length of each frontage.

(§ 5, Ord. 77-15, eff. July 1, 1977; as amended by § 2, Ord. 91-25, eff. July 17, 1991; § 6, Ord. 93-19, eff. August 18, 1993; § 9, Ord. 93-24, eff. December 1, 1993; Ord. 96-20, eff. December 18, 1996; § 3, Ord. 01-13, eff. May 16, 2001; § 7, Ord. 10-19, eff. January 7, 2011; § 10, Ord. 13-13, eff. July 12, 2013)

Fees listed below shall be reviewed and adjusted annually by the percentage increase or decrease in the Engineering News Record Index for the California Cities for the twelve (12) month period preceding December, or by variations of the actual construction costs or cost to acquire. The fees shall be fixed by the City Council, by resolution, and shall be included in the Master Development Fee Schedule.

(a) The rates for the water oversize charge, major facilities water charge for residential developments, hotels, motels, schools, water supply charge, and the nonpotable water system charge described in Section 6.5.203(a), (b), (c), and (d), respectively, shall be rounded to the nearest one and no/100ths dollar ($1.00).

(b) The rate for the front footage charge described in Section 6.5.204 shall be rounded to the nearest five cents ($0.05).

(c) The per each valve reimbursements rates described in Section 6.5.204.1(a) shall be rounded to the nearest one and no/100ths dollar ($1.00).

(d) The per linear foot reimbursement rates described in Section 6.5.204.1(a) shall be rounded to the nearest five cents ($0.05).

(§ 6, Ord. 77-15, eff. July 1, 1977; as amended by § 11, Ord. 79-25, eff. August 1, 1979; § 3, Ord. 91-25, eff. July 17, 1991; § 10, Ord. 93-24, eff. December 1, 1993; § 13, Ord. 95-14, eff. June 30, 1995; § 8, Ord. 10-19, eff. January 7, 2011; § 10, Ord. 13-13, eff. July 12, 2013)

The amount of any water connection charge set forth in this article shall be deemed a debt owing to the City which shall be paid in advance, provided, however, if the property to be connected to the City water system is developed, the owner has the option for payment of the water connection charges as set forth in Section 6.4.03.2.

When only a portion of a lot is developed and the remaining portion is to continue undeveloped or is to be used solely for the growing of agricultural crops or for public recreation uses, if irrigated by an agricultural well or a canal, the City Engineer may require the payment of the water connection fees applicable only to that portion of the lot developed or to be developed provided the parcel for which such fees are charged shall have an area of not less than twelve thousand five hundred (12,500) square feet or one-fourth (1/4) of the lot, whichever is greater. The charges on the undeveloped portion shall be deferred only until, and shall be paid upon, the development of the undeveloped portion at the rate applicable at the time of the development of such deferred portion.

Payment may be deferred in accordance with the provisions of Chapter 6 of Title 3.

(§ 3, Ord. 329; as amended by § 2, Ord. 90-31, eff. August 22, 1990; Ord. 96-20, Amended, 12/18/1996; Ord. 97-11, Amended, 06/05/1997, Adopted May 5, 1997, effective June 5, 1997; § 10, Ord. 13-13, eff. July 12, 2013)

An owner/developer may protest the imposition of fees, dedications, reservations, or other exactions on a development project imposed pursuant to the authority of this chapter, in accordance with Government Code Sections 66020 and 66021, by following the procedures for protesting fees adopted by resolution of the City Council.

(§ 4, Ord. 329; § 10, Ord. 13-13, eff. July 12, 2013)