The county manager is hereby authorized and directed to develop an administrative
procedures manual for mobility fees addressing, among other things, standards and
appeal procedures for independent mobility fee studies. The administrative procedures
manual shall be presented to the board for approval by resolution on or prior to the
date on which mobility fees apply to building permits and tenant occupancy permits.
(b)
Any applicant (1) who believes that the trip generation rate, percentage of new trips,
percentage of internal capture, or percentage of transit reduction used to calculate
the mobility fee for the applicant's development is incorrect, or (2) who has a unique
or restrictive land use that can be verified through the county's building permit
or tenant occupancy permit process and believes that this results in a different value
than that used to calculate the mobility fee for the applicant's development, or (3)
whose land use is not listed in the mobility fee schedule, or believes the use is
incorrectly assigned in the mobility fee schedule, shall have the option to provide
an independent mobility fee study prepared in accordance with the administrative procedures
manual. The county manager is hereby authorized to reject any independent mobility
fee study not meeting such standards. The applicant shall provide notice of its intent
to provide an independent mobility fee study not later than sixty (60) days following
issuance of the building permit or tenant occupancy permit. Upon submission of the
independent mobility fee study, the applicant shall pay a review fee to the county
in an amount to be established by resolution, which shall not exceed the actual cost
of reviewing the independent mobility fee study. If the independent mobility fee study
cannot be completed and a final determination of sufficiency made by the county manager,
including any appeals, prior to issuance of the certificate of occupancy for the development,
the applicant shall pay the applicable mobility fee in the mobility fee schedule.
However, if the mobility fee study is subsequently accepted by the county manager
following issuance of the certificate of occupancy, a refund shall be made to the
applicant to the extent the mobility fee paid was higher than the mobility fee determined
in the independent mobility fee study.
(Ord. No. 2015-22, § 1, 3-16-15)
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