Lathrop Municipal Code Ch. 3.21 West Lathrop Specific Plan Reimbursement Fee

This chapter shall be known and cited as the "West Lathrop Specific Plan Reimbursement Fee" regulations of the city.

(Ord. 02-208 § 1)

The provisions of this chapter are to promote the public health, safety, and general welfare of the citizens of the city, and to implement the goals and objectives of the general plan of the city and the 1996 West Lathrop specific plan (the "WLSP"). Particularly, the provisions of this chapter are adopted for the following reasons:

A. To implement provisions of the 2003 development agreement between the city of Lathrop and Califia, LLC ("Califia") relating to the Stewart Tract approved by city council on February 4, 2003, which provides, in part, that the city shall impose a reimbursement fee ("reimbursement fee") paid by the owners of property and others seeking city approvals on developments within the WLSP to recover the costs paid by Califia to fund the preparation, adoption, and/or certification of the 1996 WLSP, the 1996 West Lathrop Specific Plan Environmental Impact Report ("WLSP EIR") and the related documents, including an amount for interest (the "project costs").

B. To promote the orderly planning and development of the area contained within the WLSP.

C. To provide an equitable mechanism whereby the property owners and others in Mossdale Village who benefit from the WLSP approvals when they seek to develop their land reimburse Califia and its successors for the costs they bore for the project costs.

(Ord. 02-208 § 1)

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

"Acres"

means the area contained in Mossdale Village consisting of 1,161 gross acres which are calculated in accordance with the following table:

MOSSDALE VILLAGE DEVELOPABLE CONCEPT PROGRAM ACREAGE BY PHASE (1996 WLSP)

"Califia"

means Califia, LLC and its predecessors and successors in interest.

"Reimbursement fee"

means the fee charged by the city within Mossdale Village as a condition of approval of the first development permit to recover the costs incurred by Califia in the preparation and adoption of the 1996 WLSP, 1996 WLSP EIR, West Lathrop Annexation and legal defense of these approvals.

"Mossdale Village"

means that area of the city consisting of 1,161 acres (Gross Acres) as defined in this section, generally bounded on the east by Interstate 5, on the south and west by the San Joaquin River and on the north by the existing city limits and as shown on the attached map.

"Prime rate"

means the San Francisco Federal Reserve Bank prime rate on January 1st of each year. \

"Fee resolution"

means the resolution adopted by the city council establishing the amount of the fee to be collected by the city for the purposes of reimbursing Califia for the project costs, as may be amended from time to time.

"First development application"

means a complete application for an approval that utilizes the West Lathrop specific plan, including, but not limited to, a tentative tract map, vesting tentative tract map, urban design concept, final map, parcel map, site plan, development agreement, or specific plan amendment, whichever occurs first. First development application does not include an application for or the issuance of a building or other permit for the expansion or remodeling, relocation, rebuilding, replacement or construction of a single-family residence, barn or other similar structure or facility that does not require the filing of a tract map; parcel map or final map or the continuation or expansion of a legally nonconforming use, which shall not be subject to the payment of the fee.

"Project costs"

means the costs incurred by Califia for the preparation of the 1996 WLSP, the 1996 WLSP EIR, the West Lathrop Annexation and the legal defense of the 1996 WLSP, 1996 WLSP EIR, and annexation in the courts, as approved by the city, which Califia continues to incur to help the city and the property owners within Mossdale Village to defend these approvals and an amount for interest as defined in this chapter, exclusive of Califia's internal staff time costs.

(Ord. 02-208 § 1)

A. The reimbursement fee shall be set by city council resolution as may be amended from time to time.

B. In calculating the fee, the original amount of the fee shall be sufficient to reimburse Califia its project costs in the amount of one million two hundred five thousand two hundred fifty-three dollars ($1,205,253) as of June 1, 2003. This sum represents the costs Califia incurred in preparing the 1996 West Lathrop specific plan, 1996 West Lathrop specific plan EIR, and related annexation costs, including costs for legal defense of those documents. This amount also reflects interest, as set forth herein, through June 1, 2003.

C. The project costs shall be updated annually to include additional administrative and other costs that may have been incurred since the last update of the reimbursement fee. The update shall also require the reduction of the total amount to be reimbursed by the amounts paid since the last update of the reimbursement fee. Once the project costs have been updated, interest, as set forth herein, shall be calculated on the new project costs.

D. The reimbursement fee shall include an amount of interest which shall be the lesser of: (1) the amount permitted to be charged under controlling California law or (2) two percent above the San Francisco Federal Reserve prime rate on January 1st of each year. Such interest shall be included in the reimbursement fee when it is updated and shall be compounded on an annual basis.

E. The project costs, including interest and adjustments as set forth herein, shall be spread over the Gross Acres in Mossdale Village. In adjusting the reimbursement fee after its initial adoption, the total number of acres to which the reimbursement fee applies shall be reduced by the number of acres for which the reimbursement fee has been paid as set forth in this chapter.

(Ord. 02-208 § 1)

A. The payment of the fees established in this chapter is a condition of approval for a first development application.

B. The person submitting the first development application shall pay the then-current reimbursement fee by depositing the amount of the fee into an escrow account acceptable to the city, no later than 30 calendar days prior to the date of the scheduled action by the approving body on the first development application. The escrow instructions shall be reviewed and approved by the city and shall provide for the disbursal of the reimbursement fee to the city if the first development application is approved and for the return of the reimbursement fee to the applicant if the first development application is not approved by the city. All costs associated with the establishment and administration of this escrow account shall be the responsibility of the person submitting the first development application.

(Ord. 02-208 § 1)

A. Any person who previously contributed toward the project costs shall be entitled to a credit against the reimbursement fee credit in an amount equivalent to the costs paid.

B. For those persons who had submitted a first development application and received development approval from the city prior to the effective date of the ordinance codified in this chapter and any fee resolution adopted pursuant to its terms, the reimbursement fee shall be paid within 10 days of the written notification by the city to the applicant that the fee is payable.

(Ord. 02-208 § 1)