Redwood City Municipal Code Art. XVII Development Fee Deferral Ordinance

A. This Article shall be known and may be cited as the "Development Fee Deferral Ordinance."

B. Development fees authorized by the Mitigation Fee Act (California Government Code Section 66000 et seq.) shall be eligible for deferral pursuant to this Article. Any deferral granted pursuant to this Article shall be consistent with the requirements of Government Code Section 66007.

C. This Article shall apply to the extent permitted by the statutes and laws of the State of California.

(Ord. No. 2549, § 5(Exh. A), 7-21-25)

This Article provides definitions of terms and phrases that are technical or specialized, or which may not reflect common usage. If any of the definitions in this Article conflict with other definitions stated elsewhere in the Municipal Code, these definitions shall control only for the purpose of interpreting and enforcing this Article.

ADMINISTRATOR: "Administrator" shall mean the City Manager or designee.

DEVELOPMENT FEES: "Development Fees" shall have the same meaning as "Fees" in Government Code Section 66000(b).

RESIDENTIAL PROJECT: "Residential Project" shall mean a "residential development" project as that term is used in Government Code Section 66007.

(Ord. No. 2549, § 5(Exh. A), 7-21-25)

All Development Fees associated with the development of real property shall be due at the time established by applicable ordinance, resolution, or policy. Notwithstanding the foregoing, payment of any Development Fees may be deferred in accordance with Section 18.269.

(Ord. No. 2549, § 5(Exh. A), 7-21-25)

Payment of the development fees may be deferred to the date of approval of the first temporary certificate of occupancy, the final building inspection, or the issuance of a final certificate of occupancy, whichever occurs first, provided the owner, or lessee if the lessee's interest appears of record, of the real property for which the fees are required enters into a recordable agreement with the City prior to issuance of the building permit for the development, which shall constitute a lien on the property from the date of recordation and shall be enforceable against successors in interest to the property owner or lessee. The agreement shall provide that approval of the first temporary certificate of occupancy, final building inspection, or final certificate of occupancy for each separate building (if there are multiple buildings) shall not be granted until the impact fees are paid for that building. The agreement shall also provide that, in any action to collect the impact fee or any portion thereof, the City shall be entitled to all of its costs of enforcement and collection, including reasonable attorney's fees. The City Manager may execute such agreements on behalf of the City in a form acceptable to the City Attorney.

(Ord. No. 2549, § 5(Exh. A), 7-21-25)

A. The Administrator may establish policies and procedures to administer fee deferral requests.

B. The Administrator is authorized to execute fee deferral agreements for development fees authorized under the Mitigation Fee Act for Residential Projects.

C. The Administrator is authorized to execute a release of lien agreement upon payment of the required fees.

(Ord. No. 2549, § 5(Exh. A), 7-21-25)