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3.26.070 <br />based upon an appraisal done by a li- <br />censed appraiser at City expense. <br />b. For nonstandazd improvements, the <br />credit shall be calculated based on infor- <br />mation provided by the developer (such <br />as bids or other documents verifying <br />costs) for the Director of Public Works' <br />review and approval. <br />c. The calculation of costs shall be <br />based only on work which is eligible for <br />credit under subsection A of this Section. <br />No credit shall be given for the cost of <br />constructing improvements otherwise <br />required by direct development pursuant <br />to Titles 18, 19, and 20 of this Code. The <br />amount of credit includes construction <br />costs and the cost of engineering. <br />2. Assessment Districts, Benefit Area <br />And Community Facilities Districts: If <br />development occurs within an assessment <br />district, fee benefit azea, community facil- <br />ities district, or otherwise is subject to an <br />assessment, fee or special tax collected <br />specifically to defray the costs of provid- <br />ing or constructing traffic circulation <br />improvements, the amount of credit is <br />equal to that portion of the estimated <br />construction cost of the traffic circulation <br />improvements included in the assess- <br />ments, fees or special taxes which will be <br />contributed by the development. <br />C. Reimbursement When Credit Ex- <br />ceeds Fee: When the amount of credit <br />exceeds the amount of the developer's <br />traffic development fee, the developer <br />may be eligible for reimbursement of <br />costs under Section 3.26.080 of this <br />Chapter. <br />D. How And When Credit Is Given: <br />1. If a developer is eligible for credit, <br />the Director of Public Works shall calcu- <br />late the credit pursuant to subsection B of <br />this Section, and determine the number of <br />residential units, or office, commerciaU <br />retail, or industriaUwazehouse square <br />footage for which developer shall receive <br />a credit. Developer shall draw down this <br />credit as he or she receives building per- <br />mits. No interest shall accrue on the <br />amount of the credit. <br />2. For a residential subdivision, the lots <br />or units to which the credit will apply <br />shall be precisely identified; and the enti- <br />tlement to the credit recorded in the office <br />of the County Recorder if the developer <br />desires to sell, transfer, or assign the lots <br />prior to obtaining a building permit. <br />E. Appeal: Any determination of the <br />Director of Public Works under this Sec- <br />tion is subject to appeal by the developer <br />to the City Council pursuant to Section <br />3.26.120 of this Chapter. (Ord. 1765 § 2, <br />1998) <br />3.26.080 Reimbursements: <br />A. General: <br />1. If the credit for improvements due <br />under Section 3.26.070 of this Chapter <br />exceeds the required traffic development <br />fee for development, the developer is <br />eligible for reimbursement from the Traf- <br />fic Development Fee Fund. <br />2. To be eligible for reimbursement, <br />the following must be satisfied: <br />a. The developer is eligible for credit <br />under Section 3.26.070 of this Chapter; <br />and <br />b. The credit due exceeds the required <br />traffic development fee. <br />B. Development Or Other Agreement: <br />The terms of a written development or <br />other agreement regazding reimbursement <br />for traffic improvements shall supersede <br />(Pleasanton 5-99) '76 <br />