City Council Regular Meeting Agenda packet 1-9-25

Ordinance No. 2289 interest shall accrue on the amount of the credit. 2. For a residential subdivision, the lots or units to which the credit will apply shall be precisely identified; and the entitlement to the credit recorded in the office of the county recorder if the developer desires to sell, transfer, or assign the lots prior to obtaining a building permit. E. Appeal. Any determination of the community development director under this section is subject to appeal by the developer to the city council pursuant to Section 3.22.100 of this chapter. (Ord. 1764 § 2, 1998; Ord. 2192 § 2, 2019) § 3.22.070. Exemptions. Unless a development agreement or other agreement provides otherwise, the following projects shall be exempt, in whole or in part, from the capital facilities fee otherwise required by this chapter: A. Residential development consisting of the repair or replacement, on a one-to-one basis, of dwelling units, including expansion that does not result in the creation of additional dwelling units. B. Commercial, office or industrial 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, 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. (Ord. 1764 § 2, 1998; Ord. 2192 § 2, 2019) § 3.22.080. Use of funds. The fees paid pursuant to 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 public facilities identified by the city council in the city's capital improvement program as described in Section 3.22.060.A.1.b. 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. (Ord. 1764 § 2, 1998; Ord. 2192 § 2, 2019) § 3.22.090. 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 extension(s) has 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 Page 29 of 638