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Ordinance No. 1772 <br /> Page 12 <br /> <br /> 3.40.070 Exemptions <br /> <br />The following are exempt from the requirement to pay the Area Development Impact <br />Fee: <br /> <br /> A. Existing residential units are exempt unless there is a Substantial Remodel. <br /> <br /> B. Where the Area Development Impact Fee was previously paid for a <br />particular property and use, and deposited to the NSADIF Account. <br /> <br />3.40.080 Time of Payment <br /> <br /> The Area Development Impact Fee shall be paid to the City upon the approval of a <br />final map or the issuance of a building permit, whichever is earlier, as provided in section <br />3.40.040.C. The City has, or will have, established accounts and appropriated funds for <br />the various facilities set forth in the Basic Infrastructure Program and the proposed <br />construction plan. <br /> <br />3.40.085 Distribution of Fees <br /> <br /> City shall retain an amount equal to two percent (2%) of all Area Development <br />Impact Fees collected pursuant to this Chapter to compensate City for its costs and <br />expenses to administer this Ordinance. <br /> <br />3.40.090 Authority for Additional Mitigation <br /> <br /> Fees collected pursuant to this Chapter do not replace existing development fees, <br />except as the Council may specifically provide, do not replace connection charges levied <br />on a Citywide basis, or limit requirements or conditions to provide additional site-specific <br />mitigation of site-specific impacts imposed upon development projects pursuant to <br />Pleasanton Municipal Code Title 18 (Zoning), Title 19 (Subdivisions), and Title 20 <br />(Building and Construction). <br /> <br />3.40.100 Refund of Fee <br /> <br /> A. During the annual review of the Area Development Impact Fee pursuant to <br />Section 3.40.110, the City Council shall make a finding with respect to any fee revenue <br />not expended or committed five years or more after it was paid. If the City Council finds <br />that the fee revenue is not committed, it shall authorize a refund to the then owner of the <br />property for which the fee was paid, pursuant to Government Code Section 66001. <br /> <br /> <br />