Sec. 21-354. - Exemptions.

The following will be exempted from payment of the public administration facility development impact fees referenced herein:

(a)

Any development project that has no public administration impact, as defined by section 21-351 (i) of this ordinance.

(b)

Any development project that does not result in an increase in gross square footage, or does not require a county permit that allows for the erection, moving, alteration, or improvement within the county.

(Ord. No. 4355, § 1)

Sec. 21-355. - Timing of fee payment.

(a)

Imposition of Fees.

(1)

Fees shall be imposed at the time of approval of any discretionary permit for development or, if the fees could not have been lawfully imposed as a condition of discretionary approval, at the time of any other subsequent permit required for the development to proceed, including but not limited to building permits. The applicant pays according to the schedule of fees in place on the date the fees are paid.

(2)

The schedule of fees in effect on the date the vesting tentative map or vesting tract map for a development project is deemed complete determines the applicable fee imposed on the subject map. If there is no vesting map, the applicant pays according to the schedule of fees in place on the date the fees are paid.

(3)

When the applicant applies for a new permit following the expiration of a previously issued permit for a development project for which fees were paid, another fee payment is not required unless (1) the project has been changed in a way that alters its public administration impact, or (2) the schedule of fees has been amended during the interim. In this event, the applicant pays the appropriate increase or decrease in the fees.

(4)

When fees are paid for a development project and the development project is abandoned without any further action beyond the obtaining of a permit or an approval, the payor shall be entitled to a refund of the fees paid, less a portion of the fees sufficient to cover costs of collection, accounting for and administration of the fees paid.

(b)

Payment of Fee.

(1)

Except as set forth in subsection (b)(2) and (3) of this section, public administration facility development impact fees shall be paid on or before the date the final inspection is approved.

(2)

For residential development containing more than one dwelling unit, the developer may request that the fees be paid in installments based on the phasing of their development project. The decision whether to allow installment payments shall be determined by the planning and development director. Any fee installment shall be paid at the time when the first dwelling unit within each phase of development has received its final inspection.

(3)

The county shall require the payment of fees at an earlier time if the fees will be collected for public improvements of facilities for which an account has been established and funds appropriated and for which

the county has adopted a proposed construction schedule or plan prior to final inspection, or the fees are to reimburse the local agency for expenditures previously made.

(4)

No building permit for any development project shall be issued unless a contract has been executed to pay the public administration fees, and no final inspection for any development project shall be approved unless fees have been paid.

(Ord. No. 4355, § 1)

Sec. 21-356. - Fee adjustments.

(a)

A developer of any project, or a subdivider of any land, subject to the payment of fees pursuant to this ordinance may appeal to the board of supervisors for a reduction, adjustment, or waiver of any public administration facility development impact fee(s) based upon the absence of any reasonable relationship or nexus between the public administration impacts of the project or subdivision and either the amount of the fee(s) charged or the type of public administration facilities to be financed. The appeal shall be made in

writing, shall state the factual basis for the claim of reduction, adjustment or waiver, and shall be submitted to the planning and development director or his/her designee within fifteen calendar days following determination of the fee amount.

(b)

The planning and development director or his/her designee shall review the appeal, develop recommended actions to be taken by the board of supervisors, and submit both the appeal and recommended actions to the board of supervisors for their consideration at a public hearing to be conducted within sixty days after the filing of the appeal. The decision of the board of supervisors shall be final. If a reduction adjustment or waiver is granted, any change in use from the project as approved shall invalidate the waiver, adjustment or reduction of the fee.

(Ord. No. 4355, § 1)

Sec. 21-357. - Fee reduction for beneficial projects.

The board of supervisors may establish by resolution categories of "beneficial projects" which are eligible for fee reductions or waivers. The resolution will establish procedures for granting fee reductions or waivers.

(Ord. No. 4355, § 1)

Sec. 21-358. - Fee account.

(a)

Upon receipt of a fee subject to this ordinance, the county shall deposit, invest, account for and expend the public administration facility development impact fees pursuant to California Government Code 66006.

(b)

Public administration facility development impact fees paid shall be held by the general services department in a separate public administration facility development impact fee account to be expended for the purpose for which they were collected. The general services department shall retain all interest earned on the fees in such accounts and shall allocate the interest to the accounts for which the original fee was imposed.

(Ord. No. 4355, § 1)

Sec. 21-359. - Use of funds.

(a)

Funds collected from public administration facility development impact fees shall be used to acquire, construct, and install public administration facilities or reimburse costs of previously constructed facilities.

(b)

No funds collected pursuant to this ordinance shall be used for periodic or routine maintenance.

(c)

Funds may also be used to pay debt service on bonds or similar debt instruments to finance the acquisition, construction and installation of related equipment to the public administration facilities.

(d)

Funds may also be used to offset the cost of administration of the fund including audits, yearly accounting and reports, and other costs associated with maintaining the fund.

(Ord. No. 4355, § 1)

Sec. 21-360. - Developer construction of facilities.

In lieu fee credit for the construction of public administration facilities and service improvements is allowable under the following conditions:

(a)

Only the costs of public administration facilities listed on, or exempted from, the applicable public administration capital improvement plan shall be eligible for in-lieu credit.

(b)

With prior approval of the planning and development director or his/her designee, an in-lieu credit of fees may be granted for actual construction costs (or a portion thereof) of public administration facilities provided by the developer.

(c)

If the actual construction cost is greater than the required relevant fees, the county shall have no obligation to pay the excess amount.

(d)

An amount of in-lieu credit that is greater than the specific fee(s) required under this ordinance may be reserved and credited toward the fee of any subsequent phases of the same development or subdivision, if such credit is determined to be appropriate and timely, and approved in advance by the planning and development director or his/her designee.

(e)

If an applicant is required, as a condition of approval for a discretionary permit or a final subdivision map, to construct any off-site public administration facilities, and the cost of the facilities is determined to exceed the fee due under this ordinance, a reimbursement agreement may be offered in writing by the planning and development director or his/her designee. The reimbursement agreement shall contain terms and conditions approved by the planning and development director or his/her designee, auditor-controller, county counsel and the board of supervisors. This section shall not create any duty to offer a reimbursement agreement.

(f)

A developer or subdivider seeking credit and/or reimbursement for construction or improvements of facilities, or dedication of land or rights-of-way, shall submit documentation acceptable to the planning and development director or his/her designee to support the request for credit or reimbursement. The planning and development director or his/her designee shall determine whether the facilities or improvements are eligible for credit or reimbursement, and the amount of such credit or reimbursement due the developer or subdivider if so eligible.

(g)

Any claim for credit must be made at or before the time of application for a building permit. Any claim not so made shall be deemed waived.

(h)

Exemptions, credits, reductions, adjustments, or waiver of fees shall not be transferable from one project or subdivision to another without the board of supervisors' approval.

(i)

Determination made by the planning and development director or his/her designee pursuant to this section 21-360 may be appealed to the board of supervisors by filing a written request with the clerk of the board, together with a fee established by the board of supervisors, within ten working days of the determination of the planning and development director or his/her designee.

(Ord. No. 4355, § 1)

Sec. 21-361. - Condition for refunds.

(a)

If a permit upon which a fee was based expires without commencement of construction, the applicant shall be entitled to a refund of the public administration facility development impact fee(s) paid, with any interest accrued thereon, as a condition for the issuance of the permit. The applicant shall submit a written request for a refund to the planning and development director or his/her designee within two years after the expiration date of the permit. Failure to timely submit a request for a refund may constitute a waiver of any right to a refund.

(b)

The general services director or his/her designee shall report to the board of supervisors, once each fiscal year, any portion of public administration facility development impact fees remaining unexpended or uncommitted in an account five or more years after deposit and identify the purpose for which the fee was collected. In accordance with Government Code Section 66001, the board of supervisors shall make findings once each fiscal year on any portion of the fee remaining unexpended or uncommitted in its account five or more years after deposit of the fee, to (1) identify the purpose to which the fee shall be put; (2) demonstrate a reasonable relationship between the fee and the purpose for which it is charged; (3) identify all sources and amounts of funding anticipated to complete financing of the public administration facilities and; (4) designate the approximate dates on which the funding is deposited into the appropriate account,

(c)

For all unexpended or uncommitted fees for which the findings set forth in subsection (b) of this section cannot be made, the county shall refund to the current record owner or owners of lots or units of the development project(s) on a prorated basis the unexpended or uncommitted fees, and any interest accrued.

(d)

If the administrative costs of refunding unexpected and uncommitted revenues collected pursuant to this ordinance exceeds the amount to be refunded, the board of supervisors, after a public hearing, for which notice has been published pursuant to Government Code Section 66001 and posted in three prominent places within the area of the development project, may determine that the revenues shall be allocated for some other purpose for which the fees are collected pursuant to Government Code Section 66001 et seq. and that serves the project on which the fee was originally imposed.

(Ord. No. 4355, § 1)