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<br />10/22/2007 <br /> <br />permit or other entitlement for the development to which the fee pertains has been <br />issued. <br /> <br />B. An appeal may be filed from the following determinations of the <br />Administrator: <br /> <br />1. The applicability or amount of the impact fees calculated pursuant to Section <br />18.259; <br /> <br />2. Calculation of a credit, disapproval of a credit, or disapproval of an exemption <br />pursuant to Sections 18.258 and 18.263; <br /> <br />3. Any other determination, which the Administrator is authorized to make under <br />this Article. <br /> <br />C. An appeal shall be in writing and shall be accompanied with the appeal <br />fee established by the Council prior to the issuance of a building permit or other <br />entitlement for the development to which the appeal pertains. The written appeal shall <br />set forth the grounds for the appeal and contain technical information and specific <br />supporting data to the extent applicable to the determination to be made in the appeal. <br /> <br />D. The filing fee for appeals shall be the same as that for appeals from <br />determinations of the Zoning Administrator under the Zoning Ordinance (Ord. No. 1130, <br />as amended). <br /> <br />E. The Council shall hear the appeal within sixty (60) days of the date of <br />filing, at which hearing the Administrator shall submit to the Council: <br /> <br />1. The written appeal and any supporting information submitted by the appellant; <br /> <br />2. The Administrator's determination and the record upon which it is based; and <br /> <br />3. The Administrator's analysis of the information and materials submitted by the <br />Applicant on the appeal of Impact Fees paid. <br /> <br />18.263 <br /> <br />Exemptions <br /> <br />The provisions of this chapter shall not apply to any Development that is exempt from <br />the Impact Fee by virtue of the Constitutions of the United States or California or by <br />virtue of other applicable state or federal law. The amount of the fee calculated <br />pursuant to this Section shall not exceed that permitted by applicable law. <br /> <br />18.264 <br /> <br />Violations-Penalties <br /> <br />Any person, corporation, or other business entity violating or causing the violation of any <br />of the provisions of this Article shall be guilty of a misdemeanor and, upon conviction <br /> <br />ATTY/ORD/ORD.288 <br />07 <br /> <br />2318 <br />formerly muff # 305 <br />