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7B <br /> Page 26 <br /> D. At least annuafly, and as required by Government Code Section 66006, <br /> the Administrator shall review the estimated cost of the pubfic improvements to be <br /> funded by the Fee, the cantinued need for those improvements and the reasonable <br /> relationship between such need and the impacts of pending or anticipa#ed new <br /> development. The Administrator shall report his or her findings to the city council at a <br /> noticed public hearing and recommend any adjustment to the Impact Fee or such other <br /> action as he or she may deem appropriate. <br /> E. Impact fee revenues may be used to provide refunds pursuant ta this Articie. <br /> F, Pursuant to secti�n 66001 of the Govprnment Code, in the fifth fiscal year <br /> following the first re�eipt of impact fees, and every five years thereaf#er, �h� <br /> Administratvr shall rnake the fallowing findings or determinations with respect to the <br /> unexpended portian af such fees, whether committed or uncammitted: <br /> 1. The purpose to which the fees are to be put; <br /> 2. The relationship between the fee and t#�e purpose for which they are imposed; <br /> 3. The sources and amounts of funding corresponding to the capital <br /> improvements and traffic reduction measures described in the impact fee project <br /> list; and <br /> 4. The approxima#e dates on which the funding referenced to in subsection (F)(3) <br /> o#this Section, is expec#ed to be deposited into the impact fee account. <br /> 18.261 Refund of Fees Pa6d <br /> A. If a building permit or other entitlement for a Development expires wi#hout <br /> cammencement af construction, then the applicant shall be entitled to a refund, without <br /> interest, of the impact fee paid as a condition for its issuance, except that the City shall <br /> retain two percent (2%) of #he fee to offset a portion of the costs of collection and <br /> refund. The applicant shall apply in writing for such a refund within thirty (30) calendar <br /> days of the expiration of the permit; provided, that the Administrator may extend such <br /> period for goad cause, not to exceed six (6} months. <br /> B. The City Council may additionally authorize refunds as required or <br /> permitted by Government Code Section 66001(e). <br /> 18.262 Appeals <br /> A. An Applicant may either file an appeal and pay the lmpact Fee imposed <br /> pursuant fo this Article under protest, or appeal the Impact Fee before the building <br /> permit or other enti#lement for fihe development to which the fee per�ains has been <br /> issuecf. <br /> AT7Y/ORD/ORD.288 <br /> 09Q507 <br />