2010 JANUARY - Laserfiche WebLink

3.22.050 D. The amount of the fee shall be subject to an annual inflation adjustment on January 1st of each year based upon the Engineering News Record Construction Cost Index for the San Francisco —Bay Area. E. The amount of the fee shall be reviewed at least every four years. (Ord. 2000 § 1, 2009; Ord. 1764 § 2, 1998) 3.22.050 Payment of fee. A. The full amount of the fee shall be paid at the time of issuance of the building permit. B. No city official may issue a building permit, certificate of occupancy, or certify a final inspection, as the case may be, for a development until the public fa- cilities fee, with respect to such development required by this chapter, is paid in accordance with this section. C. The city shall not accept prepayments of the public facilities fee, unless prepayment is authorized in a development or other agreement. (Ord. 1764 § 2, 1998) 3.22.060 Credits. If the developer desires to construct a public facil- ity, the developer and the city may enter into an agree- ment regarding a credit against public facilities fees due. (Ord. 1764 § 2, 1998) 3.22.070 Exemptions. Unless a development or other agreement provides otherwise, the following projects shall be exempt, in whole or in part, from the public facilities fee otherwise required by this chapter: A. Residential development consisting of the repair or replacement, on a one -to -one basis. B. Commercial or industrial development con- sisting of the repair or replacement of structures, pro- vided, that such repair or replacement does not result in any conversion or change in land use, or any enlarge- ment of gross floor area beyond that of the previous structure. (Ord. 1764 § 2, 1998) 3.22.080 Use of funds. The fees paid pursuant to this chapter shall, except for temporary investments, he placed in a separate fund in a manner to avoid commingling of the fees with other revenues or funds of the city, and shall be used solely for the purpose of acquiring and constructing the public facilities identified by the city council in the capital fa- cilities master plan or facilities included in the city's capital improvement program. Any interest income earned on the fund shall also be deposited therein and shall only he expended for the purposes set forth in this section. (Ord. 1764 § 2, 1998) (Pleasanton Stipp, No, 3, 1 -11)) 78 3.22.091) Refunds. Refunds may be made where: A. Development has ceased, the building per- mit has expired and no extensions have been granted, or if granted, the extension(s) has expired; as to a devel- opment for which the fee required under this chapter has been collected; provided that the claim for such a refund is filed no later than six months after the expiration date of the building permit, or any extension thereof as may have been approved by the city, as the case may be or B. A refund is specifically authorized by reso- lution of the city council adopted pursuant to Govern- ment Code Section 66001(d). Such amounts shall be refunded by the city to the then - current record owners of the development on a prorated basis. The city may effect such refunding by direct payment, or by providing credit towards future public facilities fees, or by any other means consistent with the intent of Government Code Section 66001. (Ord. 1764 § 2, 1998) 3.22.100 Appeals. A developer may appeal to the city council any determination made pursuant to this chapter. All appeals shall be in a form prescribed by the community devel- opment director and shall be filed within 15 days of the date of mailing to the developer any written notice of the applicable determination. Any appeal not fled within such period shall be deemed waived. The city council shall set the matter for hearing within 45 days of the date of receipt by the city clerk of the notice of the appeal. (Ord. 2000 § 1, 2009; Ord. 1764 § 2, 1998) 3.22.110 Expiration of fee. The fees required by this chapter shall expire when the public facilities are completed and all debt service related to such public improvements are paid and satisfied. (Ord. 1764 § 2, 1998) 3.22.120 Supplementary provisions. 11 is the intent of the city council that the fees re- quired by this chapter shall be supplementary to the lees, dedications or conditions imposed upon development pursuant to the provisions of the Subdivision Map Act, California Environmental Quality Act, and other state laws and city ordinances, policies or conditions which may authorize the imposition of fees, dedications or conditions thereon. (Ord. 1764 § 2, 1998)