§ 6-444

Any person may request an audit of any development fee imposed by the city in order to determine whether the amount of the fee imposed by the city exceeds the amount reasonably necessary to finance capital improvements, the need for which is attributable to new development projects. Upon such request, the city council may retain an independent auditor to conduct an audit to determine whether the development fee is reasonable. Any costs incurred

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City of Escondido, CA § 6-444.1

BUILDINGS AND BUILDING REGULATIONS

§ 6-444.2

by the city in having an audit conducted by an independent auditor shall be recovered from the person who requested the audit. If an audit is requested, the city may require a deposit from the applicant equal to the estimated cost of the audit. (Ord. No. 89-12, §§ 1, 2, 4-12-89)

• (a) The property owner or applicant may appeal to the city council any decision of a city official with respect to the imposition or calculation of a development fee or the amount of any credit or refund due. The burden of proof is on the appellant to demonstrate that the imposition of the fee or amount of the fee or of the credit or refund was not calculated in accordance with the procedures established herein.

• (b) An appellant protesting the imposition of a development fee must file a notice of appeal with the clerk within 10 calendar days following the final decision on the imposition of the fee.

• (c) An appellant protesting the calculation of a development fee or the determination of applicability and calculation of a credit or refund must file a notice of appeal with the city clerk within 10 calendar days following the final decision on the calculation of the development fee or on the applicability or calculation of a credit or refund. If the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the city attorney in an amount equal to the development fee calculated by the city official to be due, the development application shall be processed. The filing of an appeal shall not stay the collection of the fee which is due unless a bond or other sufficient surety has been filed.

• (d) Failure to appeal within the time limits set forth herein shall be deemed a waiver of the right to appeal.

• (e) Any judicial action or proceeding to attack, review, set aside or annul the reasonableness, legality or validity of the imposition of a development fee must be filed and service of process effected within 90 days after the date of imposition.

• (f) Any judicial action or proceeding to attack, review, set aside or annul the calculation of a development fee or the determination of applicability and calculation of a credit or refund must be preceded or accompanied by a valid protest filed within 90 days after the date of calculation. A valid protest must meet both of the following requirements:

  • (1) Tendering the required payment in full or providing satisfactory assurance of payment;

  • (2) Serving written notice on the city including:

    • (A) A statement that the required payment is/has been tendered under protest,

    • (B) A statement informing the city of the factual elements of the dispute over the calculation of the development fee or the determination of applicability and calculation of a credit or refund,

    • (C) A statement informing the city of the legal theory forming the basis for the protest.

• (g) Only a party who files a valid protest may file a judicial action to attack, review, set aside,

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City of Escondido, CA § 6-444.2

ESCONDIDO CODE

§ 6-444.6

void or annul a decision on the calculation of a development fee or the applicability and calculation of a credit or refund. Such judicial action must be filed and service of process effected within 180 days after the date of calculation.

(Ord. No. 89-12, §§ 1, 2, 4-12-89)

Petitions for exceptions to the application of this chapter shall be made in accordance with procedures established by resolution of the city council.

(Ord. No. 89-12, §§ 1, 2, 4-12-89; Ord. No. 91-30 § 2, 8-7-91)

• (a) At least once every year prior to city council adoption of the annual budget and capital improvements plan, staff shall prepare a report to the city council on the subject of development fees and shall incorporate:

  • (1) Recommendations on amendments, if appropriate, to this chapter, to ordinances imposing development fees, or to resolutions establishing development fee amounts;

  • (2) Proposed changes to the capital improvements program identifying capital improvements to be funded by development fees;

  • (3) Proposed changes to the boundaries of benefit areas; and

  • (4) Proposed changes to development fee rates or schedules.

• (b) Based upon the report and such other factors as the city council deems relevant and applicable, the city council may amend this chapter, specific ordinances imposing development fees, and resolutions establishing development fee rates or schedules. Changes to the development fee rates or schedules, to the boundaries of benefit areas, or to the list of capital improvements to be funded by development fees may be made by resolution. Nothing herein precludes the city council or limits its discretion to amend this chapter, ordinances imposing development fees or resolutions establishing development fee rates or schedules at such other times as may be deemed necessary.

• (Ord. No. 89-12, §§ 1, 2, 4-12-89)

Neither this article nor Articles XVIIIIA, XVIIIB or XVIIIC of this chapter shall affect, in any manner, the permissible use of property, density of development, design and improvement standards and public improvement requirements or any other aspect of the development of land or construction of buildings, which may be imposed by the city pursuant to the zoning ordinance, subdivision regulations or other ordinances or regulations of the city, which shall be operative and remain in full force and effect without limitation with respect to all such development. (Ord. No. 89-12, §§ 1, 2, 4-12-89)

Specific development fees imposed by Articles XVIIIA, XVIIIB and XVIIIC of this chapter reflect a development's proportionate share of improvements necessary to meet facility demands created by such development at established city service level standards. As such, development

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City of Escondido, CA § 6-444.6

BUILDINGS AND BUILDING REGULATIONS

§ 6-445

fees are additional and supplemental to, and not in substitution of, on-site facility requirements imposed by the city pursuant to zoning, subdivision or other city ordinances and regulations. If, and to the extent that zoning, subdivision or other city ordinances, regulations or policies require the provision of off-site improvements included in the applicable development fee capital improvement plan, the applicant shall be eligible for a credit pursuant to section 6-442 hereof for the cost of such improvement.

(Ord. No. 89-12, §§ 1, 2, 4-12-89)

In the event of a conflict between the provisions of this article and the provision of any other ordinance or resolution establishing or amending development fees, the provisions of this article shall govern.

(Ord. No. 89-12, §§ 1, 2, 4-12-89)