[Ord. No. 1034, § 1; Ord. No. 1212-12.]
Whenever the City of Oakdale requires an applicant to install
sewer, water or storm drain mains, street and traffic control improvements,
or other appurtenant features which benefit property not within the
applicant's proposal for development, then upon the request of
the applicant, and subject to the requirements of this chapter, the
City shall establish a Local Benefit District to apportion the costs
of such improvements among the properties benefited.
[Ord. No. 1034, § 1; Ord. No. 1212-12.]
A Local Benefit District shall not be permitted for improvements
consisting of the installation of curb, gutter and sidewalk across
the street frontage of the applicant's property and the installation
of other street improvements across the frontage of the applicant's
property to the centerline of the street.
[Ord. No. 1034, § 1; Ord. No. 1212-12.]
The city manager or his/her appointee shall determine if a Local
Benefit District is necessary for oversized utilities or improvements
determined to benefit the local area. If he/she determines such district
is required, he/she shall determine the properties to be in such District.
The city manager or his/her appointee shall prepare a report on his/her
determination of the proposed boundaries and file it with the city
clerk. The city clerk shall appoint a time and place for hearing protests
to the proposed District boundaries and shall give notice of the hearing
at least twenty days before the date thereof by mail, postage prepaid,
to all persons owning real property proposed to be included within
the District, whose names and addresses appear on the last equalized
assessment roll for City taxes, or who are known to the clerk.
The notice shall contain:
(a)
A statement of the time, place and purpose for the hearing on the
report of the city manager or his her appointee.
(b)
A statement that any person interested may file a protest in writing
or personally appear at the hearing to protest the Local Benefit District
boundaries, fees or scope of improvements.
At the conclusion of the hearing, the City Council may conform,
amend, alter, modify or correct the properties or portions thereof
to be included in the Local Benefit District.
All of such properties, including applicant's property,
shall be named a Local Benefit District. Thereafter, the applicant
shall be entitled to be the recipient (the "Recipient") of District
charges collected by the City pursuant to the provisions of this chapter.
[Ord. No. 1034, § 1; Ord. No. 1212-12.]
(a)
When a Local Benefit District is required, the city manager or his/her
appointee shall make a proposed apportionment of costs among the properties
in the District as follows:
The city manager or his/her appointee shall determine the amount
of costs to be apportioned. Costs shall be apportioned using a method
deemed appropriate by the city manager or his/her appointee, and may
include, but shall not be limited to, the approach utilized in the
Oakdale Capital Facilities Fee Nexus Study, or total acreage within
the proposed District, the lineal frontage of all properties within
the proposed District, or some reasonable combination of those of
other data (e.g. retail, office, mixed use, etc.), in the discretion
of the city manager or his/her appointee. "District frontage" shall
include planned, but not yet installed major thoroughfares, but shall
exclude subdivision or planned development interior streets. Said
costs shall be increased by the same percentage as any increase in
the Consumer Price Index for San Francisco-Oakland- San Jose from
the date the applicant's improvements are accepted by the City,
until paid.
(b)
After actual costs have been determined and prior to acceptance of
subdivision improvements by the City, the determination by the city
manager or his/her appointee of costs and apportionment among the
properties in the District shall be filed with the city clerk. The
city clerk shall appoint a time and place for hearing protests to
the apportionment and shall give notice of the hearing at least twenty
days before the date thereof by mail, postage prepaid, to all persons
owning the real property proposed to be included within the District,
whose names and addresses appear on the last equalized assessment
roll for city taxes, or who are known to the clerk.
The notice shall contain:
[Ord. No. 1034, § 1; Ord. No. 1212-12.]
The director of finance shall determine the cost to the City
in administering each Local Benefit District, and such costs shall
be equitably prorated among the properties in the District exclusive
of the property of the applicant.
[Ord. No. 1034, § 1; Ord. No. 1212-12.]
District charges applicable to a given parcel within the District
shall be imposed and paid as follows:
(a)
Timing of imposition of LBD charges. The requirement to pay all District charges, including City administrative charges, shall be imposed by the City as a condition of approval of the first "discretionary land use entitlement" on the subject property. The timing of payment of District charges shall be in accordance with subsection (b) of this section. For purposes of this section, "discretionary land use entitlement " includes the approval of any conditional use permit, tentative subdivision map or parcel map, development agreement, mixed use or planned unit development, General Plan amendment, rezoning, pre-zoning, or specific plan for the subject parcel.
(b)
Timing of payment of LBD charges. Notwithstanding the timing of imposition of District charges as set forth in subsection (a), District charges imposed upon residential projects shall be paid at the time of approval of the final map or parcel map, as applicable. In the case of a parcel zoned commercial, retail, office or mixed use which is created by parcel map, all District charges for said parcel shall be paid at the time of issuance of the first building permit on the parcel. Property having less than an even number of acres shall pay an acreage fee prorated in direct proportion to any fractional acreage.
(c)
Exceptions. "Development" shall not include any lot line adjustment,
building permit issued by the City or by Stanislaus County for the
remodeling of an existing residence, the construction or remodeling
of any second unit dwelling, reconstruction of any wholly or partially
damaged or demolished structure, or the construction of one single
family residence on an existing single parcel of land.
(d)
Developed parcels. In the case of a developed parcel for which no
discretionary land use entitlements are needed, District charges shall
be imposed at the time of application for water or sewer service for
said parcel.
(e)
City's discretion to defer payment. For good cause, the City
Manager or his/her appointee shall have the discretion to defer payment
of fees until the issuance of building permits upon the posting of
bonds or other security in a form and amount acceptable to the City
Attorney for guaranty of payment of District charges to the Recipient.
(f)
Alternative Payment Arrangements. Nothing in this chapter shall be
construed to prohibit a property owner from paying District charges
prior to development, as defined herein, or from negotiating directly
with the Recipient for an alternative payment arrangement, provided
that any such alternative arrangement shall not operate to increase
the District charges attributable to any other parcel within the District.
The Recipient of District charges pursuant to this chapter may elect
to receive credits against development impact fees which would otherwise
be due and payable in connection with any projects proposed by the
Recipient.
