Fremont Municipal Code Art. III Credits and Reimbursements

An applicant may be eligible for a credit against impact fees otherwise owed, in return for providing a public facility to the city, only if the applicant submits a written application to the director which establishes compliance with all of the following requirements to the satisfaction of the director:

(a) Describe the specified public facilities (or portion thereof) proposed to be provided by the applicant, with a cross-reference to the description of the specified public facilities in the relevant implementing resolution.

(b) Identify the estimated cost of providing the specified public facilities (including construction, design, and/or land acquisition, as set forth in Section 18.290.040) for which the applicant is requesting credit.

(c) Describe the development project or projects to which the fee credit is requested to apply. The description shall be limited to all or a portion of the development project for which specified public facilities are a condition of approval.

(d) Document that either: (1) the applicant is required, as a condition of approval for the development project, to construct the specified public facilities; or (2) the applicant requests to build one or more specified public facilities which benefit the development project, and the director determines in writing prior to the commencement of construction that it is in the city’s best interests for the specified public facilities to be built by the applicant.

(e) To the extent that credit for land acquisition costs are requested, document that: (1) the location of the land is advantageous to the public facility needs of the city; and (2) the amount of credit for the land acquisition is equal to a reasonable estimate of the fair market value of the land based upon either: (A) documentation provided by the applicant to the city, or (B) in the event that the director determines that the documentation provided by the applicant does not provide a reasonable basis for determining the fair market value of the land, the applicant shall pay for the costs of a property appraisal by an expert selected by the director which is qualified to express an opinion as to the value of the property (pursuant to Cal. Civ. Proc. Code § 1255.010). (Ord. 2463 § 1, 6-4-02. 1990 Code § 8-9300.)

The application for credit shall be submitted by the applicant to the director in accordance with the following timing requirements: (a) to the extent that the applicant requests credit for design or construction, the application shall be submitted concurrently with the submittal of improvement plans; (b) to the extent that the applicant requests credit for land dedication, the application shall be submitted prior to the recordation of the final map or parcel map for the development project. The applicant may submit a late application only if the applicant establishes, to the satisfaction of the director, that, in light of new or changed circumstances, it is in the city’s best interests to allow the late application. (Ord. 2463 § 1, 6-4-02. 1990 Code § 8-9301.)

In the event that the director determines that the applicant has submitted a timely application in compliance with Section 18.290.130, and it is in the city’s best interest to allow the applicant to provide the proposed specified public facility, the applicant shall be entitled to credit against fees otherwise owed in accordance with this chapter; provided, that the applicant enters into an agreement with the city which includes the following essential terms:

(a) The design of the specified public facility is approved by the city.

(b) The applicant agrees to provide the specified public facilities in return for the credit to be allocated in accordance with the terms of the agreement and this chapter.

(c) The amount of credit available to the applicant shall not exceed the lesser of: (1) the applicant’s actual cost of providing the specified public facility, to be evidenced by the submittal of written documentation to the satisfaction of the director, and (2) the estimated cost of providing the specified public facility, as identified in the implementing resolution.

(d) The amount of credit available to the applicant for land dedication shall be equal to the amount identified in Section 18.290.120(e).

(e) The applicant provides improvement security in a form and amount acceptable to the city.

(f) The applicant identifies the development projects to which the credit will be applied.

(g) The credit may only be applied to fees which would otherwise be owed for the public facility category relevant to the specified public facility. (Ord. 2463 § 1, 6-4-02. 1990 Code § 8-9302.)

To the extent that the applicant has a balance of credit available, the applicant may submit a written request for reimbursement to the director. The applicant shall be entitled to potential reimbursement from the city only if the applicant submits a written request to the director which establishes the following:

(a) The request shall be made no later than 180 days after the later to occur of: (1) issuance of the last permit within the development project for which the application for credit was made, or (2) the date of the city’s acceptance of the specified public facilities as complete.

(b) The request shall identify the specific dollar amount of the credit balance for which the applicant requests reimbursement, along with documentation in support thereof. This documentation shall include a calculation of the total credit available (pursuant to Section 18.290.140(c)) less amount of credit previously allocated to offset fees pursuant to Section 18.290.140(f).

(c) The request must include a designation of the name and address of the legal entity to which reimbursement payments are to be made. (Ord. 2463 § 1, 6-4-02. 1990 Code § 8-9303.)

(a) In the event the director determines that the applicant has properly submitted a request for reimbursement pursuant to Section 18.290.150, the director shall prepare a written determination which will identify the dollar amount of the potential reimbursement. The dollar amount of the reimbursement shall equal the amount specified in the applicant’s request (not to exceed the actual credit available to the applicant, less the total of all credit allocations to offset fees pursuant to Section 18.290.140, as determined by the director).

(b) The city shall make reimbursement payments to the applicant (or the entity identified by the applicant pursuant to Section 18.290.150). The right to receive reimbursement payments, if any, shall not run with the land.

(c) The city shall make reimbursement payments pursuant to a schedule to be established by the director, and consistent with the approved capital improvement program. The city shall make no reimbursements to any applicant in excess of the amount of fees deposited in the relevant reimbursement account.

(d) No reimbursement payment shall be made to an applicant until after the completion of construction by the applicant and acceptance of improvements by the city. (Ord. 2463 § 1, 6-4-02. 1990 Code § 8-9304.)