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Since the November 13 Board meeting, staff has updated the abbreviated timeline provided in the November 13 meeting back-up. The updated timeline is attached, formatted to show new information and details in underlining (see Attachment 1). Staff has also provided a site plan project concurrency/impact fee payment flowchart for projects in the County and a flowchart for projects in the City (see Attachments 2 and 3). The City flowchart was recently updated by City after meeting with County staff. As indicated in the updated timeline, in 2002 and 2004 when the City granted change of use site plan approval for the child care facility, City staff followed a procedure whereby approval was granted and then the previous owner/applicant was instructed to contact the Building Department for obtaining a building permit (2002 and 2004 instructions) and to complete a concurrency application with a City sign -off and submit that application to County Planning for processing (2004 instructions). The previous owner/applicant never contacted the Building Department or County Planning yet began the child care operation and eventually sold it Lisden Enterprises in 2004 which later sold to the current owner. No permit or C.O. was requested or issued. The 2008 zoning confirmation letter issued by the City, at the time due diligence was being performed for the current owner, addressed zoning and site plan approval but did not address any other items. As required by state law and licensing requirements periodic inspections of the site by Fire Prevention have been conducted since 1995 for both the ALF and child care uses. County staff discovered the unresolved impact fee issue in 2018 when the current owner applied for a deck permit after which the current owner applied for concurrency as direct by County staff. County staff then researched the use history of the parcel and worked with City staff to determine the highest impact fee credit allowed. County staff has determined that the best case impact fee liability for the current owner/applicant (lowest fee) is under the current impact fee schedule and results in a fee of $7,930.78. If the previous owner had paid impact fees in 2002 and 2004 as required by code, the best case scenario for the owner/applicant at that time (lowest fee) would have been $12,929.81. County site plan procedures for projects in the unincorporated area prevent release of an approved site plan unless project impact fees are paid and concurrency is obtained. With respect to County zoning confirmation letters for sites within the unincorporated area, zoning and use confirmation include verification of a valid site plan approval, permitting, and issuance of a C.O. which also verifies compliance with impact fee requirements. Updated City procedures include a requirement that conditional concurrency (no impact fees paid at that time) be issued prior to City site plan approval. County and City staff are coordinating to put in place more effective City/applicant/County coordination with respect to payment of impact fees. Staff's position is that the subject case is unusual and possibly unique in that a City site plan applicant simply failed to complete a process as instructed by City staff, leading to a violation of the Impact Fee Ordinance. That violation, which was not known to City or County staff, involves a change of use generating increased impacts with no payment of impact fees to help off -set the public improvements necessary to mitigate those impacts. The impact fee ordinance is based on payment of fees for every project generating impacts, without exception, including County projects. Every new County building facility developed since adoption of impact fees included payment of those fees by the County and even incentivized development such as affordable housing and target industries require impact fee payment from some funding source. Consequently, the impact fees owed must be paid by someone; they cannot be simply waived. C:\Users\legistar\AppData\Local\Temp\BCLTechnologies\easyPDF 8\@BCL@ACOE 1509\@BCL@ACOE 1509.doex i o t