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Sec. 7B-16. - Appeals.

Colusa Planning Code · 2026-07 edition · updated 2026-09-02 · Colusa

(a)

Any person required to pay a fee as a result of this chapter may appeal the amount of the fee on the grounds that the development project in question either creates no impact or a lesser impact on one or more of the public facilities supported by the development impact fees established by this chapter. Any such appeal shall be made in writing within ten calendar days of the date that such person is advised of the amount of the fee in writing by the city. Such appeal shall be filed with the city clerk and shall state: (i) the specific fee or fees as listed in Section 7B-3 from which an appeal is taken; (ii) the amount of the fee that the appellant believes would mitigate the impact of the development project; and (iii) the basis for the

appeal, including any evidence supporting a finding of a lesser impact or lack of an impact. Such appeals shall be determined by the city manager within thirty days after filing. The city manager shall provide written notice to the appellant of his or her determination.

(b)

Any person aggrieved by the decision of the city manager following an appeal pursuant to subsection (a) of this section may, within ten calendar days of the decision of the city manager, appeal that decision in writing to the city council. Such appeal shall be filed with the city clerk and shall state: (i) the specific fee or fees as listed in Section 7B-3 from which an appeal is taken; (ii) the amount of the fee that the appellant believes would mitigate the impact of the development project; and (iii) the basis for the appeal, including any evidence in support of it. The decision of the city council shall be final.

(c)

No fee shall be charged for filing an appeal pursuant to this section. In any appeal taken under this section, the amount of the fees established pursuant to this chapter shall be presumed correct, and the appellant shall bear the burden of proof with respect to the inapplicability of any such fee either in whole or in part.

(Ord. No. 422, § 3.)

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▸Contents — Colusa Planning Code
Colusa Planning Code
  1. Sec. 7B-1. - Findings.
  2. Sec. 7B-2. - Definitions.
  3. Sec. 7B-3. - Establishment of fees.
  4. Sec. 7B-4. - Imposition of development impact fee.
  5. Sec. 7B-5. - Creation of special funds.
  6. Sec. 7B-6. - Expenditure and reimbursement of fees.
  7. Sec. 7B-7. - Fee payment.
  8. Sec. 7B-8. - Use of funds.
  9. Sec. 7B-9. - Refund of fees paid.
  10. Sec. 7B-10. - Exemptions.
  11. Sec. 7B-11. - Developer construction of facilities.
  12. Sec. 7B-12. - Review.
  13. Sec. 7B-13. - Controlling state law.
  14. Sec. 7B-14. - Superceding provisions.
  15. Sec. 7B-15. - Severability.
  16. Sec. 7B-16. - Appeals.

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