Chapter 4.14
DEVELOPMENT IMPACT FEE DEFERRALS
Sections:
4.14.010 Deferral of fees.
A. The provisions of this chapter are not applicable to fees for services or equipment.
B. The deferral of the payment of any city impact fee from the time payment is otherwise required is not permissible except as provided in this section.
1. Only those development fees defined as such by California Government Code Section 66000(b), as may be amended or revised from time to time, and including any successor statutes or provision, are subject to deferral. Development fees deferred under this subsection B shall not be deferred for more than two years from the date when fees were otherwise due and payable. Fee deferral agreements under this subsection B shall not be assignable except in the discretion of the city attorney and with prior written consent.
2. Fee amounts of less than ten thousand dollars may not be deferred. Interest will be charged on all amounts deferred in an amount equal to the average annual rate of interest earned by the city on the investment of pooled funds for the prior fiscal year.
C. An application for fee deferral under this chapter shall be filed with the department of community development at least sixty days prior to the date when the fees would otherwise be due.
D. Any deferral of fees under this title shall be documented by written agreement in a form approved by the city attorney and shall be subject to prior approval by the city council. All fee deferrals shall be secured by a deed of trust and such other security as may be required by the city attorney. The applicant shall pay all title insurance, recording and any other processing fees. The unpaid fee balance, calculated at the rate in effect at the time payment was otherwise required, shall be due and payable in full upon the sale or any other transfer of the property offered as security for payment of the fee, or upon the placement of long-term financing for the project, or at such other time as may be expressly provided in the written agreement. The fee deferral agreement shall include provisions imposing penalties for delinquent accounts. The city may require such other terms and conditions for the fee deferral as it deems necessary to protect the city’s interests.
E. The council will be regularly advised of the total amount of fee deferrals that are outstanding and the status of outstanding fee deferral accounts. (Ord. 863 § 3(part), 2016).
4.14.020 Time of payment.
Unless project conditions of approval or other provisions of the Cotati Municipal Code establish a different time of payment, all development impact fees shall be paid to the city no later than at the time of final inspection or certificate of occupancy, as applicable and whichever comes first, excepting payment of school impact fees and other fees not within the jurisdiction of the city which shall be paid at the time of building permit issuance, or, if no building permit is required, fees shall be paid upon the approval of a use which requires a use permit or other permit or approval authorizing a change in use. (Ord. 863 § 3(part), 2016).