City Council Regular Meeting Agenda packet 1-9-25

Ordinance No. 2289 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 as defined in Section 3.26.020. 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. 1765 § 2, 1998; Ord. 2192 § 2, 2019) § 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. (Ord. 1765 § 2, 1998; Ord. 2192 § 2, 2019) § 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. (Ord. 1765 § 2, 1998; Ord. 2192 § 2, 2019) § 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. (Ord. 1765 § 2, 1998; Ord. 2192 § 2, 2019) § 3.26.140. 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 or policies which may authorize the imposition of fees, dedications or conditions Page 39 of 638