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<br /> <br />structures, provided, that such repair or replacement does not result in any conversion or <br />change in land use which increases the peak hour trip rate applicable to the previous <br />structure, or any enlargement of gross floor area beyond that of the previous structure. <br />C. Additions, extensions or enlargements of an existing commercial, office/retail, or light <br />industrial/warehouse structure which, in any calendar year, do not increase the gross floor <br />area of the structure by 200 square feet or more. <br />(Ord. 1765 § 2, 1998; Ord. 2192 § 2, 2019) <br /> <br />§ 3.26.100. Use of funds. <br />The fees paid pursuant to the provisions of this chapter shall, except for temporary investments, <br />be placed in a separate fund in a manner to avoid commingling of the fees with other revenues <br />or funds of the city, and shall be used solely for the purpose of acquiring and constructing the <br />transportation improvements identified by the city councilas defined in Section 3.26.020. Any <br />interest income earned on the fund shall also be deposited therein and shall only be expended for <br />the purposes set forth in this section. <br />(Ord. 1765 § 2, 1998; Ord. 2192 § 2, 2019) <br /> <br />§ 3.26.110. Refunds. <br />Refunds may be made where: <br />A. Development has ceased, the building permit has expired and no extensions have been <br />granted, or if granted, the extensions have expired; as to a development for which the fee <br />required under this chapter has been collected; provided that the claim for such a refund is <br />filed no later than six months after the expiration date of the building permit, or any extension <br />thereof as may have been approved by the city; or <br />B. A refund is specifically authorized by resolution of the city council adopted pursuant to <br />Government Code Section 66001(d). Such amounts shall be refunded by the city to the then- <br />current record owners of the development on a prorated basis. The city may effect such <br />refunding by direct payment, or by providing credit towards future transportation <br />improvements fees, or by any other means consistent with the intent of Government Code <br />Section 66001. <br />(Ord. 1765 § 2, 1998; Ord. 2192 § 2, 2019) <br /> <br />§ 3.26.120. Appeals. <br />A developer may appeal to the city council any final administrative determination made pursuant <br />to this chapter, after exhausting all other appeals provided in this chapter, and payment of the fee <br />for a planning appeal as set forth in the master fee schedule (on file in the office of the city clerk). <br />All appeals to the city council shall be in a form prescribed by the city clerk and shall be filed <br />within 15 days of the date of mailing to the developer any written notice of the applicable final <br />administrative determination. Any appeal not filed within such period shall be deemed waived. <br />The city clerk shall set the matter for hearing before the city council within 45 days of the date of <br />receipt by the city clerk of the notice of the appeal. In making its determination on the appeal, the <br />city council shall follow the standards set forth in this chapter. <br />(Ord. 1765 § 2, 1998; Ord. 2192 § 2, 2019) <br /> <br />§ 3.26.130. Expiration of fee. <br />Page 190 of 893