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3.26.090
<br />ued at $10,000,000.00 and is entitled to a $5,000,000.00
<br />reimbursement. Developer's reimbursement amount is
<br />10 percent of the cost of all improvements, so developer
<br />is entitled to 10 percent of the traffic development fees
<br />collected each year, irrespective of whether the value of
<br />the total traffic improvements increases or decreases in
<br />subsequent years (e.g., if $5,000,000.00 in traffic fees
<br />are collected in year two, the developer is entitled to 10
<br />percent or $500,000.00, and interest accrues on the re-
<br />maining $4,500,000.00). Developer should receive full
<br />reimbursement, with interest, upon build -out, subject to
<br />adjustments as provided in subsection (C)(4) of this sec-
<br />tion.
<br />4. In the event that the amount to be reim-
<br />bursed to developers pursuant to this section, or pursu-
<br />ant to a development or other agreement, exceeds the
<br />amount of traffic development fees received by the city
<br />in the preceding calendar year, the city council shall take
<br />action to apportion the available fee revenue to develop-
<br />ers entitled to reimbursement pursuant to this section in
<br />a manner which the council determines is reasonable for
<br />that calendar year.
<br />5. The city council may elect, in its absolute
<br />discretion, to provide reimbursement at a faster rate than
<br />provided in this section, based upon fees collected and
<br />available.
<br />6. The reimbursement shall be paid one time
<br />each calendar year.
<br />7. The right to reimbursement shall not run
<br />with the land, but shall be personal to the developer. The
<br />developer may assign his or her right to reimbursement
<br />to another by filing a written notarized assignment with
<br />the city clerk. It is the developer's or assignee's respon-
<br />sibility to keep the city clerk advised of a current ad-
<br />dress. If the city cannot locate a developer or assignee to
<br />send a reimbursement payment after reasonable dili-
<br />gence, the amount of the reimbursement for that year is
<br />forfeited, and the unclaimed funds shall be returned to
<br />the traffic development fee fund. (Ord. 2000 § 1, 2009;
<br />Ord. 1765 § 2, 1998)
<br />3.26.090 Exemptions.
<br />Unless a development or other agreement provides
<br />otherwise, the following projects shall be exempt, in
<br />whole or in part, from the traffic development fee oth-
<br />erwise required by this chapter:
<br />A. Residential development consisting of the
<br />repair or replacement, on a one -to -one basis, of dwelling
<br />units;
<br />13. Commercial or industrial /warehouse devel-
<br />opment consisting of the repair or replacement of struc-
<br />tures, provided, that such repair or replacement does not
<br />(Pleasanton Supp. No. 3, 1-10)
<br />84
<br />result in any conversion or change in land use which
<br />increases the peak hour trip rate applicable to the previ-
<br />ous structure, or any enlargement of gross floor area
<br />beyond that of the previous structure.
<br />C. Additions, extensions or enlargements of an
<br />existing commercial, office /retail, or light indus-
<br />trial /warehouse structure which, in any calendar year, do
<br />not increase the gross floor area of the structure by 200
<br />square feet or more. (Ord. 1765 § 2, 1998)
<br />3.26.100 Use of funds.
<br />The fees paid pursuant to the provisions of this
<br />chapter shall, except for temporary investments, be
<br />placed in a separate fund in a manner to avoid commin-
<br />gling of the fees with other revenues or funds of the city,
<br />and shall be used solely for the purpose of acquiring and
<br />constructing the traffic improvements identified by the
<br />city council. Any interest income earned on the fund
<br />shall also be deposited therein and shall only be ex-
<br />pended for the purposes set forth in this section. (Ord.
<br />1765 § 2, 1998)
<br />3.26.110 Refunds.
<br />Refunds may be made where:
<br />A. Development has ceased, the building per-
<br />mit has expired and no extensions have been granted, or
<br />if granted, the extensions have expired; as to a develop-
<br />ment for which the fee required under this chapter has
<br />been collected; provided that the claim for such a refund
<br />is filed no later than six months after the expiration date
<br />of the building permit, or any extension thereof as may
<br />have been approved by the city; or
<br />B. A refund is specifically authorized by reso-
<br />lution of the city council adopted pursuant to Govern-
<br />ment Code Section 66001(d). Such amounts shall be
<br />refunded by the city to the then- current record owners of
<br />the development on a prorated basis. The city may effect
<br />such refunding by direct payment, or by providing credit
<br />towards future traffic improvements fees, or by any
<br />other means consistent with the intent of Government
<br />Code Section 66001. (Ord. 1765 § 2, 1998)
<br />3.26.120 Appeals.
<br />A developer may appeal to the city council any
<br />final administrative determination made pursuant to this
<br />chapter, after exhausting all other appeals provided in
<br />this chapter, and payment of the fee for a planning ap-
<br />peal as set forth in the master fee schedule (on file in the
<br />office of the city clerk). All appeals to the city council
<br />
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