ORD 2192 - Laserfiche WebLink

Ordinance No. 2192 Page 12 written notarized assignment with the city clerk. It is the developer's or assignee's responsibility to keep the city clerk advised of a current address. If the city cannot locate a developer or assignee to send a reimbursement payment after reasonable diligence, the amount of the reimbursement for that year is forfeited, and the unclaimed funds shall be returned to the transportation development fee fund. 3.26.090 Exemptions. Unless a development or other agreement provides otherwise, the following projects shall be exempt, in whole or in part, from the transportation development fee otherwise required by this chapter: A. Residential development consisting of the repair or replacement, on a one-to-one basis, of dwelling units; B. Commercial or industrial/warehouse development consisting of the repair or replacement of structures, provided, that such repair or replacement does not result in any conversion or change in land use which increases the peak hour trip rate applicable to the previous structure, or any enlargement of gross floor area beyond that of the previous structure. C. Additions, extensions or enlargements of an existing commercial, office/retail, or light industrial/warehouse structure which, in any calendar year, do not increase the gross floor area of the structure by 200 square feet or more. 3.26.100 Use of funds. The fees paid pursuant to the provisions of this chapter shall, except for temporary investments, be 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 transportation improvements identified by the city council. Any interest income earned on the fund shall also be deposited therein and shall only be expended for the purposes set forth in this section. 3.26.110 Refunds. Refunds may be made where: A. Development has ceased, the building permit has expired and no extensions have been granted, or if granted, the extensions have expired; as to a development 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; or B. A refund is specifically authorized by resolution of the city council adopted pursuant to Government 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 transportation improvements fees, or by any other means consistent with the intent of Government Code Section 66001. 3.26.120 Appeals. A developer may appeal to the city council any final administrative determination made pursuant to this chapter, after exhausting all other appeals provided in this chapter, and payment of the fee for a planning appeal as set forth in the master fee schedule (on file in the office of the city clerk). All appeals to the city council shall be in a form prescribed by the city clerk and shall be filed within 15 days of the date of mailing to the developer any written notice of the applicable final administrative determination. Any appeal not filed within such period shall be deemed waived. The city clerk shall set the matter for hearing before the city council within 45 days of the date of receipt by the city clerk of the notice of the appeal. In making its determination on the appeal, the city council shall follow the standards set forth in this chapter. 3.26.130 Expiration of fee. The fees required by this chapter shall expire when the transportation improvements are completed and all debt service and reimbursements related to such transportation improvements are paid and satisfied.