§ 13-270. Establishment of development impact fee

By city council resolution, a development impact fee shall be established based on the Costa Mesa Fire Protection System Fee Study. The resolution shall set forth the specific amount of the fee and set forth time for payment.

(a) Limited use of fees. The revenues raised by payment of this impact fee shall be placed in a separate and special account and revenues, along with any interest earnings on that account, and used solely to pay for the city's future construction of facilities and equipment purchases or to reimburse the city for those identified facilities and equipment funded by the city with monies advanced by the city from other sources.

(b) Fee refunds. A refund may be made when a building permit expires and no extensions have been granted for a development for which the funds have been collected.

(c) Fee adjustments.

(1) A developer of any project subject to the development fee impact program may apply to the city council for an adjustment of the fee. The developer shall have the burden of proving that either the amount of fee charged or the facility and/or equipment financed is disproportionate or not reasonably related to the impact of the project on the fire protection system. The application shall be made in writing and filed with the city clerk no later than:

a. Ten (10) days prior to the public hearing on the development permit application for the project; or

b. If no development permit is required, at the time of the filing of the request for a building permit.

(2) The application shall state in detail the factual basis for the claim of adjustment. The city council shall consider the application at the public hearing on the permit application or at a separate hearing held within sixty (60) days after the filing of the fee adjustment application. The decision of the city council shall be final. If an adjustment is granted, any change in use or increase in building intensity within the project shall require reconsideration of the fee adjustment.

(Ord. No. 97-11, § 2, 5-5-97)