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BACKGROUND <br /> Application PDR 804 for the construction of a new restaurant and related site <br /> development at 11991 Dublin Canyon Road was approved in March 2009. By March <br /> 2012, the maximum number of extensions had been granted and approval was due to <br /> expire. Agreement was reached to allow the Yoons to pay the fees for their building <br /> permit to be issued, even though the on-site permit was not yet approved. The building <br /> permit was issued on March 27th, 2012, and the on-site permit was subsequently issued <br /> January 29, 2013. After multiple permit extensions, both permits expired on December <br /> 20, 2014, without any work performed. <br /> DISCUSSION <br /> The refund of the Building Permit and associated administrative fees is addressed in <br /> Pleasanton Municipal Code (PMC) Section 20.04.015, 304A. It limits the Building and <br /> Safety Official to authorize a refund upon written application no later than 180 days after <br /> the date of payment. The total payment for these fees was $18,706.39, and the 80% <br /> specified in that section as eligible for refund would be $14,965.12. The municipal code <br /> is silent as to a refund or method of refund after the 180 days administrative refund that <br /> is allowed. Staff is recommending that Council refund these fees at the same 80% level <br /> that would have been possible to refund administratively during the first 180 days. <br /> The Public Facilities Fee ($7,282.85) refund request must be made within six months after <br /> the expiration of the Building Permit, or if authorized by a resolution of the City Council <br /> (PMC 3.22.090). The Traffic Impact Fee ($79,337.95) has the same terms for refunds <br /> (PMC 3.26.110). Staff recommends these fees be refunded in their entirety. <br /> Neither the Lower Income Housing Fee ($17,659.30) nor the City Sewer Connection Fee <br /> ($2,077.48) have provisions in the Municipal Code for refunds (PMC 17.40 & PMC 15.20). <br /> Staff recommends the full refund of these fees as there have been no impacts from the <br /> uncompleted project. <br /> The total of all fees being recommended for refund is $121,322.69. <br /> Submitted by: Fiscal view: Approved by: <br /> n <br /> I <br /> Gerry Beaudin Tina Olson Nelson Fialho <br /> Director of Director of Finance City Manager <br /> Community Development <br /> Attachments: <br /> 1. Calculation of Refund <br /> 2. Resolution <br /> Page 2 of 2 <br />