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Ordinance No. 1764 <br /> <br />3.22.070 Exemptions <br /> <br /> Unless a development or other agreement provides otherwise, the following <br />projects shall be exempt, in whole or in part, from the public facilities fee otherwise <br />required by this Chapter: <br /> <br /> A. Residential development consisting of the repair or replacement, on a <br />one-to-one basis. <br /> <br /> B. Commercial or industrial development consisting of the repair or replacement <br />of structures, provided, that such repair or replacement does not result in any conversion <br />or change in land use, or any enlargement of gross floor area beyond that of the previous <br />structure. <br /> <br />3.22.080 Use of Funds <br /> <br />The fees paid pursuant to this Chapter shall, except for temporary investments, be placed <br />in a separate fund in a manner to avoid commingling of the fees with other revenues or <br />funds of the City, and shall be used solely for the purpose of acquiring and constructing <br />the public facilities identified by the City Council in the Master Plan for Capital Facilities <br />or facilities included in the City's capital improvement plan. Any interest income earned <br />on the fund shall also be deposited therein and shall only be expended for the purposes set <br />forth in this section. <br /> <br />3.22.090 Refunds <br /> <br />Refunds may be made where: <br /> <br /> A. Development has ceased, the building permit has expired and no extensions <br />have been granted, or if granted, the extension(s) has expired; as to a development for <br />which the fee required under this Chapter has been collected; provided that the claim for <br />such a refund is filed no later than six months after the expiration date of the building <br />permit, or any extension thereof as may have been approved by the City, as the case may <br />be; or <br /> <br /> B. A refund is specifically authorized by resolution of the City Council adopted <br />pursuant to Government Code section 66001 (d). Such amounts shall be refunded by the <br />City to the then-current record owners of the development on a prorated basis. The City <br />may effect such refunding by direct payment, or by providing credit towards future public <br />facilities fees, or by any other means consistent with the intent of Government Code <br />section 66001. <br /> <br /> Page 10 <br /> <br /> <br />