City Council Regular Meeting Agenda packet 1-9-25

Ordinance No. 2289 transportation development fee shall equal the fee applicable to the entire new structure minus the fee otherwise applicable to the existing structure. D. The amount of the transportation development fee determined in accordance with subsection A of this section, shall be reduced by the amount of any credits authorized by Section 3.26.070 of this chapter. 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. (Ord. 1765 § 2, 1998; Ord. 2000 § 1, 2009; Ord. 2192 § 2, 2019) § 3.26.060. 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 for development, but is not required to seek a building permit from the city, the transportation development 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 transportation development 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 transportation development 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 transportation development fee, unless prepayment is authorized in a development agreement or other agreement. (Ord. 1765 § 2, 1998; Ord. 2192 § 2, 2019) § 3.26.070. Credits. When a developer constructs a transportation improvement not otherwise required by Titles 18, 19, and 20 of this code, the developer's transportation development fee shall be reduced as provided in this section. The details of any credit provided shall be reflected in an agreement between the city and the developer, which shall 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 transportation improvement which would otherwise be constructed by the city using transportation development fee funds. b. The transportation improvement must appear on the city council approved 5-Year Capital Improvement Plan or Pleasanton Development Impact Fee Long-Term Improvement Plan for transportation improvements, as said plans may be amended from time to time. c. The land on which the work is done must be owned by the city, or offered for Page 35 of 638