ORD 2192 - Laserfiche WebLink

Ordinance No. 2192 Page 6 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 capital facilities fees, or by any other means consistent with the intent of Government Code Section 66001. 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 development 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 filed 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. 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. 3.22.120 Supplementary provisions. It is the intent of the city council that the fees required by this chapter shall be supplementary to the fees, 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. 3.22.130 Severability. The provisions of this chapter shall not apply to any person, association, corporation or to any property as to whom or which it is beyond the power of the city to impose the fee provided in this chapter. If any sentence. clause, section or part of this chapter, or any fee imposed upon any person or entity is found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality or invalidity shall affect only such sentence, clause, section or part of this chapter, and shall not affect or impair any of the remaining provisions, sentences, clauses, sections or other parts of this chapter, or its effect on other persons or entities. It is declared to be the intention of the city council that this chapter would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, section or part of this chapter had not been included herein; or had such person or entity been expressly exempted from the application of this chapter. To this end, the provisions of this chapter are severable. • Chapter 3.26 Traffic Development Fee is amended to read as follows: Chapter 3.26 TRANSPORTATION DEVELOPMENT FEE 3.26.010 Purpose. City council finds that the cumulative impact of all new development under the general plan will result in adverse impacts to traffic circulation. To prevent these undesirable consequences, transportation improvements must be provided at a rate which will accommodate the expected growth in the city. The city council acknowledges that the demand for transportation improvements is shared by existing as well as new development. The proposed transportationdevelopment fee (formerly the traffic development fee) apportions the cost of the necessary transportation improvements and reconstruction among the different categories of new and existing users according to the reasonably estimated peak hour trip demand that each group of users places upon transportation improvements. 3.26.020 Terms and definitions. For the purposes of this chapter, the following terms shall have the meanings indicated in this section: