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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />C. An owner shall only be entitled to reimbursement to the extent that any <br />land donation benefits property not within the owner's project. Thus, an owner may receive a <br />mitigation fee credit as provided in this chapter for property that serves the owner's project and <br />reimbursement for the additional land donation that benefits subsequently developed property. <br />D. In no event shall an owner receive a mitigation fee credit and/or <br />reimbursement in excess of the city's most recent estimated cost of acquiring the land. <br />E. Any reimbursement agreement entered into under this Section shall require <br />the city, for a period of up to fifteen years, to reimburse the owner from the proceeds of the <br />mitigation fees collected from new projects that directly benefit from the land donated that is the <br />subject of the reimbursement agreement. The terms of the reimbursement shall be set forth in the <br />reimbursement agreement. <br />3.46.110 Deferrals, Waivers and Reductions. <br />The City Council is empowered to grant deferral, waiver or reduction of any fee <br />imposed by this chapter upon request. Such deferral, waiver or reduction may only be granted if, <br />in the opinion of the City Council, properly supported by specific findings and evidence, that <br />deferral, waiver or reduction would allow a fairer financing arrangement to be imposed, or where <br />waiver or reduction is required because imposition of such mitigation fees in full would cause <br />inequities because prior mitigation lands have been donated. Findings must be based on written <br />and other evidence submitted by the property owner substantiating the owner's contention that the <br />fee should be deferred, waived or reduced. <br />Findings must include facts supporting deferral, waiver or reduction including, <br />without limitation, findings that in the case of deferral (1) other properties to be benefitted by any <br />fee will not be burdened by the review and delay in fee imposition, and (2) alternative financing <br />methods involving more than one owner have been proposed for review and will be approved <br />prior to the payment of the fees in question ,and (3) delay will result in a more fair funding <br />23152.06000\9686953.1 - 9 - <br />