Encinitas Municipal Code Ch. 23.90 Exactions—general Provisions

It is the purpose of this chapter to set forth general provisions relating to exactions imposed upon development. These provisions do not apply to utility fees.

(Ord. 87-20)

The amount of an exaction established in accordance with the authority of this title shall not exceed the estimated cost of providing the proposed development with the service or facility for which the exaction is imposed.

(Ord. 87-20)

When exactions are imposed in accordance with the provisions of this title and made payable during the building permit process, the exaction shall be satisfied as a condition to the issuance of the building permit for development, except:

A. If the exaction is for the construction of public improvements or facilities, and the building permit is for a residential development of only one dwelling, the exaction is due and payable as a condition to obtaining a final inspection or certificate of occupancy, whichever occurs last.

B. If the exaction is for the construction of public improvements or facilities, and the building permit is sought for a residential development of more than one dwelling, the exaction shall be satisfied on a pro rata basis for each dwelling when it receives its final inspection or certificate of compliance, whichever occurs last.

C. In accordance with the Government Code, the City may require the developer of a residential development to pay, at an earlier time, exactions for the construction of public improvements or facilities if the public project has been funded and scheduled, or if exacted fees are to reimburse the City for expenditures previously made on the project.

(Ord. 87-20)