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RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON AUTHORIZING THE REFUNDING OF CERTAIN BUILDING PERMIT AND DEVELOPMENT FEES TO THE HANA YOON CORPORATION WHEREAS, on March 27th, 2009, the Hana Yoon Corporation received Design Review approval from the Planning Commission to construct a new restaurant building and related site improvements at 11991 Dublin Canyon Road; and WHEREAS, in both 2010 and 2011, they received the two allowable one-year extensions of that Design Review approval; and WHEREAS, on March 27th, 2012, the Building Permit and Development Fees were paid and the Building permit was issued for construction of a new restaurant building; and WHEREAS, on January 13th, 2013, the Building Permit Fees were paid and the On-Site Permit for related On-Site and underground utility improvements was issued; and WHEREAS, on December 20, 2014, after exhausting multiple extensions, both the Building Permit and On-Site Permit expired without any construction work performed on the 11991 Dublin Canyon Road site; and WHEREAS, a request from the applicants for refunding of fees was not received within six months after the payment of fees, nor was a request for refunding of fees received within six months of the expiration of the Building Permit; and WHEREAS, the Pleasanton Municipal Code Section 3.22.090 authorizes the refunding of the Public Facilities Fee when specifically authorized by resolution of the city council pursuant to Government Code 66001 (d); and WHEREAS, the Pleasanton Municipal Code Section 3.26.110 authorizes the refunding of the Traffic Development Fee when specifically authorized by resolution of the city council pursuant to Government Code 66001 (d); and WHEREAS, no building inspections occurred nor were any public improvement expenses derived from the monies collected in the Building Permit and Developments Fees that were paid by the Hana Yoon Corporation on these permits; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE, AND ORDER THE FOLLOWING: SECTION 1. A refund to Hana Yoon Corporation in the amount of $121,322.69 ($14,965.11 in Building Permit fees; $7,282.85 in Public Facilities Fees; $79,337.95 in Traffic Development Fees; $17,659.30 in Lower Income Housing Fees; and $2,077.48 in City Sewer Connection Fees) shall be authorized.