From time to time the city and private development install public
improvements including curbs, gutters, paving, sidewalks, median islands
and similar public right-of-way improvements appurtenant to parcels
yet to be developed. These improvements cause the value of these parcels
to increase. When these developed parcels develop, the city, for the
most part, does not receive property tax revenues to reimburse for
the public improvements that have directly benefitted these parcels.
In addition, the private developer installing those improvements is
not reimbursed for the benefit bestowed on adjacent property. This
section is intended as a procedure for reimbursement of public improvements
made out of moneys from the treasury of the city for such public improvements
and to reimburse private developers for installation of public improvements
of benefit to adjacent private landowners.
(Ord. 445 § 1, 1989; Ord. 466 § 1, 1990; Ord. 505 § 1, 1991; Ord. 580 § 1 Exh. A, 1993)
A. Whenever
the city council determines that the public interest and necessity
demand the construction and completion of public projects including,
but not limited to, street improvements, including curbs, gutters,
paving and side-walks, and related improvements, including median
island improvements and utility undergrounding, to undeveloped areas
of the city, not adequately improved, and appropriates money out of
the treasury of the city for such public improvements, no person shall
be permitted to develop such property until such property owner has
paid to the city the proportionate share of the cost of the street
improvements as established by the city council with respect to the
property; and no application, either by petition or otherwise, shall
be approved by the city council for the building and/or development
of such property until the property owners to be benefitted or a sufficient
number thereof shall have paid to the city, or agreed to pay such
proportionate share of the costs of the street improvements as in
the opinion of the council insures the payment of the cost of the
public street improvements. Such payments include a development fee
or license tax fee on new construction obligation and shall be in
addition to any other fee prescribed by any ordinance of the city.
B. Whenever
a public project is financed in any part by the general fund of the
city, the city engineer shall determine if there are any parcels directly
benefitted by installation of the public project. Whenever the city
engineer determines that a parcel is directly benefitted from a public
project, the city engineer shall recommend to the city council, as
part of the documents to be approved by the council for the public
project, the amount of reimbursement to be apportioned to any such
parcel. Reimbursement may be in the form of a lump sum payment to
the city or payment of a development fee or license tax on new construction.
The owner of any such parcel as designated upon the latest records
of the county assessor, shall be notified of the council hearing for
consideration of the public project. At said hearing, if the city
council approves the public project, the city council shall also consider
apportionment of the cost of said improvement among the parcels directly
benefitted from the project. If a parcel is required to reimburse
the city for any portion of the public project, a recorded document
will be filed with the county recorder's office stating the obligation
is due and payable upon issuance of any permit for development upon
the parcel.
C. As
referred to herein, "permit" refers to any permit issued by the city
and "development" means any improvement upon real property for which
any permit is required.
D. A temporary
waiver of payment of costs may be requested, in writing, to the city
manager. A waiver request may only be submitted for a permit of improvements
upon a parcel already occupied with a residence structure. The city
manager may waive, for a designated period of time, all or a portion
of the reimbursement.
(Ord. 445 § 1, 1989; Ord. 466 § 2, 1990; Ord. 497 § 1, 1991; Ord. 580 § 1 Exh. A, 1993)
When utility undergrounding is required by the city to accommodate
a street widening, the developer shall receive a partial reimbursement
from the City if the cost of utility undergrounding exceeds the amount
estimated to be collected for utility undergrounding as part of development
fees or license tax payments over the period of project buildout.
The partial reimbursement shall be limited to the difference between
the cost of undergrounding and the total estimated development fee
or license tax collections for utility undergrounding. Reimbursement
by the City shall only be paid from designated utility undergrounding
accounts, subject to the availability of funds.
(Ord. 580 § 1 Exh. A,
1993)