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10/22/2007 C. In the event that bonds or similar debt instruments are issued for construction of land or improvements for which impact fees may be expended, impact fees may be used to pay debt service. D. At least annually, and as required by Government Code Section 66006, the Administrator shall review the estimated cost of the public improvements to be funded by the Fee, the continued need for those improvements and the reasonable relationship between such need and the impacts of pending or anticipated new development. The Administrator shall report his or her findings to the city council at a noticed public hearing and recommend any adjustment to the Impact Fee or such other action as he or she may deem appropriate. E. Impact fee revenues may be used to provide refunds pursuant to this Article. F. Pursuant to section 66001 of the Government Code, in the fifth fiscal year following the first receipt of impact fees, and every five years thereafter, the Administrator shall make the following findings or determinations with respect to the unexpended portion of such fees, whether committed or uncommitted: 1. The purpose to which the fees are to be put; 2. The relationship between the fee and the purpose for which they are imposed; 3. The sources and amounts of funding corresponding to the capital improvements described in the impact fee project list; and 4. The approximate dates on which the funding referenced to in subsection (F)(3) of this Section, is expected to be deposited into the impact fee account. 18.261 Refund of Fees Paid A. If a building permit or other entitlement for a Development expires without commencement of construction, then the applicant shall be entitled to a refund, without interest, of the impact fee paid as a condition for its issuance, except that the City shall retain two percent (2%) of the fee to offset a portion of the costs of collection and refund. The applicant shall apply in writing for such a refund within thirty (30) calendar days of the expiration of the permit; provided, that the Administrator may extend such period for good cause, not to exceed six (6) months. B. The City Council may additionally authorize refunds as required or permitted by Government Code Section 66001 (e). 18.262 Appeals A. An Applicant may either file an appeal and pay the Impact Fee imposed pursuant to this Article under protest, or appeal the Impact Fee before the building ATTY/ORD/ORD.288 07 2318 formerly muff #. 305