San Luis Obispo County Municipal Code Ch. 18.06 Other Rules

With respect to public facility fees imposed by resolution under this title, any provision of such public facility fees which is in conflict with this title shall be void.

(Ord. 2519 § 1 (part), 1991)

Should any provision of this title or a subsequent amendment thereto be held by a court of competent jurisdiction to be either invalid, void or unenforceable, the remaining provisions of this title shall remain in full force and effect.

(Ord. 2519 § 1 (part), 1991)

A person applying for the approval of any development project subject to public facilities fees may file an appeal to the board of supervisors for reduction or adjustment to the fees, or a waiver of the fees as follows:

(1) Timing and form of appeal. An appeal shall be made in writing on the form provided by the planning department and may be accompanied by any other supporting materials the appellant may wish to furnish explaining the reasons for the appeal. The appeal shall be filed with the planning department not later than: (1) within fourteen days of the hearing granting approval of the development project subject to public facilities fees; or (2) if no public hearing for the development permit is required, at the time of the filing of the application for the development permit. The planning director shall process the appeal pursuant to this section, including scheduling the matter before the board of supervisors for a public hearing.

(2) Basis for the appeal. The appeal for reduction or adjustment to the fees, or waiver of the fees, shall be based upon the absence of any reasonable relationship or nexus between the impacts of the development project and either the amount of the fee charged or the type of public facilities to be financed.

(3) Report and hearing. When an appeal has been filed, the planning director will prepare a staff report and recommendation for consideration by the board of supervisors within sixty days of the filing of the appeal.

(4) Action and findings. After holding a public hearing, the board of supervisors may affirm, affirm in part, or deny the appeal, based upon findings of fact regarding the particular case. Such findings shall identify the reasons for the action on the appeal. The decision on the appeal by the board of supervisors shall be final.

(5) Withdrawal of appeal. After an appeal has been filed pursuant to this section, the appeal shall not be withdrawn except with the consent of the board of supervisors.

(6) Modification of the development project after granting of an appeal. If a reduction, adjustment or waiver of the public facilities fees is granted, any change of the development project, or any change in use within the development project, shall invalidate the waiver, adjustment or reduction of the fees and the originally imposed fees shall be due and payable to the county.

(Ord. 2598 § 3, 1993: Ord. 2519 § 1 (part), 1991)

And other provision of this title to the contrary notwithstanding, any protest of the imposition of a fee or fees on a residential housing development project shall be made according to the provisions of Section 66020 of the California Government Code.

(Ord. 2519 § 1 (part), 1991)