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An impact fee determination by City staff may be appealed in accordance with the following procedures:

A. Limited Scope. An appeal shall be limited to disputes regarding the calculation of the impact fees for a specific development and/or permit and calculation of EDUs for the development.

B. Form of Appeal. An appeal shall be initiated on such written form as the City may prescribe, and submitted to the Planning and Development Department for processing.

C. Decision of the Planning and Development Director. The Planning and Development Director, in consultation with the director(s) of the department(s) responsible for the associated necessary public service(s), shall act upon the appeal within 30 calendar days of the filing of the appeal. The applicant shall be notified in writing of the Planning and Development Director’s decision.

D. Appeal of the Planning and Development Director’s Decision. The applicant may further appeal the decision of the Planning and Development Director within 30 calendar days of the decision to the City Manager.

E. Decision of the City Manager. The City Manager shall act upon the appeal of the Planning and Development Director’s decision within 30 calendar days of the filing of the appeal with the City Manager’s office. The applicant shall be notified in writing of the decision of the City Manager.

F. Final Decision. The decision of the City Manager regarding the appeal is final.

G. Fees During Pendency. Building permits may be issued during the pendency of an appeal if the applicant pays the impact fee due at the time the appeal is filed. Upon final disposition of an appeal, the fee shall be adjusted in accordance with the decision rendered, and a refund paid if warranted. (Ord. No. G-5984, 2015)