Lathrop Municipal Code Ch. 15.52 Reimbursement of Developers for Off-Site Improvements

The purpose of this chapter is to carry out the requirements and policies of the general plan of the city, and, in particular, to provide a means by which the cost of certain off-site improvements may be reimbursed. A reimbursement procedure is needed to accomplish the purposes of the general plan, provide for the development of an environmentally alert community, and allow for the development of projects which require installation of municipal improvements as a condition of approval.

(Prior code § 154.01)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"City"

means the city of Lathrop.

"Developer"

means any person, individual, corporation or any other legal entity who shall have filed for a permit or license for a development project. "Developer" shall also include the city.

"Development"

shall have the same meaning as defined by Government Code Section 65927.

"Development project"

means any project including a subdivision and/or parcel map undertaken for the purpose of development. "Development project" includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate. "Development project" does not include any ministerial projects proposed to be carried out or approved by public agencies.

"Improvements"

means all acquisition of rights-of-way, paving (preparation, removal, excavation, fill base, material compaction), curbs, gutters, sidewalks, street lights (including cables and electrical conduit), utilities required to prevent later excavation of such streets, storm drainage improvements, sanitary sewer mains and laterals, water mains and laterals, median islands, and any and all appurtenances to the foregoing improvements, and any other improvements occasioned by the impact of the development.

(Prior code § 154.02)

A. Whenever the developer advances the costs for improvements not located on the development project, which are required as a condition of such development project, the developer shall be entitled to reimbursement for that part of the required improvement which contains supplemental size, capacity, number or length for the benefit of property not within the development project. Any unimproved real property benefitted by such improvement shall be required, as a condition of improvement, to reimburse the developer for that portion of the cost of those improvements, including an amount for interest, which is directly attributable to the use of the improvements by such real property. The city shall enter into an agreement with the developer to reimburse the developer for the cost of such supplemental sizing, capacity, number and/or length.

B. The repayment to developer shall be required as a condition in any development permit issued or approved for land benefitted by such improvements. Except in the case of approval of a tentative map, such condition shall provide that the permit shall not become effective unless and until the permittee, within the time provided in such permit, shall have repaid to developer, through the city, the acquisition and construction costs attributable to such subsequent development, and no such development permit shall have any force or effect, unless and until the repayment shall have been made within the time provided. In the case of the approval of a tentative map, such condition shall provide that such repayment shall be made prior to and as a prerequisite to approval of a final or parcel map based upon such tentative map, and such repayment shall be made prior to and as a prerequisite to recording of a final or parcel map for such land (even if repayment was for any reason not imposed as a condition of the tentative map).

C. To the extent repayment has been made before issuance or approval of a development permit, it shall not be made a condition of issuance or approval of such permit. If a required repayment has not been made a condition in any development permit, or if for any reason such required repayment has not been made, such repayment shall be made prior to and as a prerequisite to the issuance of a building permit on any portion of the land covered by the development permit.

D. The director of public works is authorized to accept moneys paid to the city by owners or developers of land if they, for any reason, desire to repay the developer in full acquisition or improvement costs advanced by the developer, even though such owner or developer has not yet applied for or received a development permit, and such repayment shall be applied to any later requirement for such repayment imposed as a condition in a subsequent development permit for such land. The director of public works shall immediately send such moneys to the developer who advanced the same.

(Prior code § 154.03)

A. If the city requires a developer to install improvements which benefit property not within the developer's property, the city shall, upon written request by the developer, consider the establishment of a benefit assessment district to apportion the costs of such improvements among the properties benefitted.

B.

1. In the event the director of public works determines that a local benefit district is necessary, the director shall determine which properties are to be included in the benefit district. The director shall cause to be prepared a report containing all of the information, maps and diagrams required by Streets and Highways Code Section 10204. The city clerk shall appoint a time and place for the hearing of protests of the proposed district, and shall give notice of the hearing at least 20 days prior to the date thereof by first class mail, postage prepaid, to all persons owning real property proposed to be included within the district, whose names and addresses appear on the latest equalized assessment roll of the county. The notice shall contain:

a. A statement of the time, place and purpose of the hearing on the report to the director of public works;

b. A statement that any person interested may file a protest in writing or personally appear at the hearing to protest the benefit district boundaries;

2. At the conclusion of the hearing, the city council may confirm, amend, after, modify or correct the properties or portions thereof to be included in the benefit assessment district, and shall assess the costs and expenses of the proposed improvements. Such costs and expenses shall be adjusted annually to reflect any increase in the construction price index from the date the applicant's improvements are accepted by the city until paid.

3. All of such properties, including the applicant's property, shall be named a local benefit district.

C. The director of public works shall determine the cost to the city of 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.

D. The applicant shall pay to city, prior to the issuance of any building permit, the administrative cost of establishing the local benefit district. Further, an applicant for a division of land or an applicant for sewer and/or water services, or a building permit whose affected property is located within a local benefit assessment district shall pay the fee determined by the director of public works, plus any city administrative fee then owing.

(Prior code § 154.04)