City Council Regular Meeting Agenda packet 1-9-25

Ordinance No. 2289 Francisco—Bay Area. E. The amount of the fee shall be reviewed periodically, but not less than every eight years or more frequently if specified by state law. F. (Ord. 1764 § 2, 1998; Ord. 2000 § 1, 2009; Ord. 2192 § 2, 2019) § 3.22.050. Payment of fee. A. The full amount of the fee shall be paid at the time of issuance of the building permit. For those instances where a developer receives an entitlement or approval for development, but is not required to seek a building permit from the city, the capital facilities fee shall be payable within 30 days of final action on the development entitlement or approval. B. No city official may issue a building permit, certificate of occupancy, or certify a final inspection for a development until the capital facilities fee, with respect to such development required by this chapter, is paid in accordance with this section. C. If the developer has appealed the determination of the fee, and such appeal is pending at the time he or she applies for a building permit, the developer must pay the capital facilities fee to receive a building permit, but may do so under protest. If the developer's appeal is successful, and the fee is subsequently reduced, the developer shall be refunded the difference within 30 days. D. The city shall not accept prepayments of the capital facilities fee, unless prepayment is authorized in a development agreement or other agreement. (Ord. 1764 § 2, 1998; Ord. 2192 § 2, 2019) § 3.22.060. Credits. If the developer desires to construct a public facility, the developer and the city may enter into an agreement regarding a credit against capital facilities fees due, as provided in this section. The City shall require such agreement to be recorded against the property. A. Eligibility. 1. To be eligible for credit, each of the following must be satisfied: a. The construction for which credit is given must be a public facility which would otherwise be constructed by the city using capital facilities funds. b. The public improvement must appear in the city council adopted 5-Year Capital Improvement Plan or Pleasanton Development Impact Fee Long-Term Capital Improvement Plan for public facilities or improvements, as such plans may be amended from time to time. c. The land on which the work is done must be owned by the city, offered for dedication to the city through a recorded document, or be owned by or offered for dedication to a public agency that would offer general public access to the facility or land. d. The developer shall have improvement plans for the work approved by the city engineer Page 26 of 638