The purpose of this chapter is to provide for the mechanisms that are required to obtain, account for, and expend developer mitigation fees. These fees are those described in Government Code Section 66000 et seq. (hereinafter "The Mitigation Fee Act") and generally those fees are required for development, but does not include Quimby Act parkland development fees, as those are exempted by Section 66000, processing fees or development agreement fees paid pursuant to Section 65864.
(Ord. 1576 § 4, 2021)
(a) 
For any fee that is to be a condition of development, the city shall:
(1) 
Identify the purpose of the fee.
(2) 
Identify the use to which the fee is to be put.
(3) 
Determine the reasonable relationship between the fee's use and the type of development.
(4) 
Determine that there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion attributable to the development.
(b) 
The criteria is further described in Government Code Section 66001.
(Ord. 1576 § 4, 2021)
Upon receipt of a developer mitigation fee, the city shall deposit the money and invest and account for and expend the money as provided in the Mitigation Fee Act, and specifically Section 66006.
(Ord. 1576 § 4, 2021)
(a) 
Per Government Code Section 660001, for the fifth fiscal year after the first deposit, the city shall make the following findings with respect to funds unexpended:
(1) 
Identify the purpose for which the fee is to be put.
(2) 
Demonstrate the reasonable relationship between the fee and the purpose.
(3) 
Identify all sources of funding to complete the improvement.
(4) 
Designate the dates on which funding is to be deposited into the account.
(b) 
The criteria is further described in Government Code Section 66001.
(Ord. 1576 § 4, 2021)