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Atty/Ord/Ord.258 032806 1, 2, 3, 4/3/2006 For a Development that involves a change in land use, credit for the existing uses shall be determined by the Administrator based on the level of utilization and actual or estimated PM Peak Hour Trips generated by the existing use, The credit shall not necessarily be equivalent to the amount of the Impact Fee based on the existing uses but calculated with reference to the then current Impact Fee Schedule, The Administrator may require the Applicant to bear the cost of existing PM Peak Hour traffic counts. If a Development includes existing, unoccupied, or unused buildings or structures, the credit may be based upon the estimated PM Peak Hour Trips generated by the prior permitted use and occupancy ofJhe structures at the site of the proposed Development. For a Development that involves a change of use or modification of an existing use, the Impact Fee shall be based upon the net increase in the Impact Fee for the new use as compared with the prior use, subject to the conditions specified above, However, should the change in use result in a calculation of an Impact Fee less than that paid for the prior use, no refunds or credits therefor shall be paid or given," Notwithstanding any provision of the Traffic Impact Fee Ordinance to the contrary, if Section 18,249.C.1, as introduced for amendment on March 27,2006 shall go into effect no later than May 3, 2006, then where any proposed development includes existing, unoccupied, or unused buildings or structures and impact fees are paid by a developer/ applicant between March 28, 2006 and May 3, 2006, any portion of such payment that would qualify for a credit under the provisions of the amended Section 18,249, C,1 shall be reimbursed to the 5 Ord 2298 formerly muff# 505 .. --...----.' --"-"-'-'-"-------"----""'--'-------------------