1999 MAY - Laserfiche WebLink

3.22.070 3.22.070 Exemptions: Unless a development or other agree- ment provides otherwise, the following projects shall be exempt, in whole or in part, from the public facilities fee other- wise required by this Chapter: A. Residential development consisting of the repair or replacement, on a one-to- one basis. B. Commercial or industrial develop- ment consisting of the repair or replace- ment of structures, provided, that such repair or replacement does not result in any conversion or change in land use, or any enlazgement of gross floor azea be- yond that of the previous structure. (Ord. 1764 § 2, 1998) 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 Capital Facilities Master Plan or facilities included in the City's Capital Improvement Program. Any interest in- come earned on the fund shall also be deposited therein and shall only be ex- pended for the purposes set forth in this Section. (Ord. 1764 § 2, 1998) 3.22.090 Refunds: Refunds may be made where: A. Development has ceased, the build- ing permit has expired and no extensions have been granted, or if granted, the extension(s) has expired; as to a develop- ment 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 (6) months after the expira- tion date of the building permit, or any extension thereof as may have been ap- proved by the City, as the case may be; 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 towazds future public facilities fees, or by any other means consistent with the intent of Government Code section 66001. (Ord. 1764 § 2, 1998) 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 Director of Plan- ning and Community Development and shall be filed within fifteen (15) days of the date of mailing to the developer any written notice of the applicable determina- tion. Any appeal not filed within such period shall be deemed waived. The City Council shall set the matter for hearing within forty five (45) days of the date of receipt by the City Clerk of the notice of the appeal. (Ord. 1764 § 2, 1998) 69 (Pleasanton 5-99)