§ 3.92.160. Independent fee calculations

A. If in the judgment of the director, none of the fee categories or fee amounts set forth in Attachment A of the ordinance codified in this chapter accurately describe or capture the impacts of a particular new residential development on parks and recreation facilities, the department may conduct independent fee calculations and the director may impose alternative fees on a specific development based on those calculations. The alternative fees and the calculations shall be set forth in writing and shall be mailed to the fee payer. For example, with respect to group homes, the fees imposed shall take into account the size and number of residents proposed to be housed in such group homes, and the director shall determine the fees to be imposed based on the director's judgment of the approximate equivalent number of residents that would be generated compared to single family dwelling units.

B. If a fee payer opts not to have the impact fees determined according to those set forth in Attachment A of the ordinance codified in this chapter, then the fee payer shall prepare and submit to the director an independent fee calculation for the residential development activity for which a building permit is sought. The documentation submitted shall show the basis upon which the independent fee calculation was made.

C. Any fee payer submitting an independent fee calculation will be required to pay the city an administrative fee to cover the costs of reviewing the independent fee calculation. The fees are set forth in the official development review fee schedule for the city, and the amendments thereto, and shall reflect the actual cost, including all staff time spent in the review. The city shall require the fee payer to post a cash deposit for the amount of the estimated total cost of the review prior to initiation of review procedures.

D. While there is a presumption that the calculations set forth in the parks and recreation impact fee study are valid, the director shall consider the documentation submitted by the fee payer and the analysis prepared but is not required to accept such documentation or analysis which the director reasonably deems to be inaccurate or not reliable, and may, in the alternative, require the fee payer to submit additional or different documentation for consideration. The director is authorized to adjust the impact fees on a case-by-case basis based on the independent fee calculation, the specific characteristics of the residential development, and/or principles of fairness. The fees or alternative fees and the calculations shall be set forth in writing and shall be mailed to the fee payer.

E. Determinations made by the director pursuant to this section may be appealed to the board of adjustment subject to the procedures set forth in Section 3.92.100.

(Ord. 2474 § 14, 1998)