Chapter 4 — PUBLIC FINANCING PLANS

The intent of this Chapter is to provide for the adoption and amendment of Public Financing Plans to facilitate implementation of the General Plan for new communities or substantial expansion of existing communities. The need for a Public Financing Plan is defined by the policies or implementation measures of the General Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

Applications for Public Financing Plans may be initiated by the City Council, Planning Commission, Director of Community Development, or the property owner or his or her authorized agent. To initiate an application, the applicant shall file a request for a preapplication conference with the Community Development

Department. The Public Financing Plan or the Public Financing Plan Amendment shall be prepared by the City or its consultant, with information provided by the applicant. A fee, as specified by resolution of the City Council, shall be required.

(Ord. 2024-18, § 1(Exh. A), 2024)

Public Financing Plan applications shall be reviewed using the Public Hearing Review Procedure in Chapter 5 of Division 2, with modifications as provided in this Section.

(a)

Planning Commission. At the conclusion of the Public Hearing the Planning Commission shall recommend approval of the application or deny the application.

(1)

If the Planning Commission recommends approval, the application shall be reviewed by the City Council.

(2)

If the Planning Commission denies the Public Financing Plan Application, the action is final, unless appealed to the City Council.

(b)

City Council. The City Council shall hold a Public Hearing to take final action if the Planning Commission has recommended approval or if the Planning Commission's denial was appealed.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-8-404 - Approval.

Prior to approving an application for a Public Financing Plan Amendment, the Planning Commission and the City Council shall determine that the following are true:

(a)

The Public Financing Plan Amendment is consistent with the General Plan and the Master Plan;

(b)

The Public Financing Plan Amendment shall not adversely affect the jobs/housing program and housing affordability; and

(c)

All applicable provisions of the Mountain House Development Agreement have been met.

(Ord. 2024-18, § 1(Exh. A), 2024)

Prior to taking action on an application for a Public Financing Plan Amendment, the impact of the proposed Public Financing Plan Amendment on the jobs/housing program and on housing affordability shall be determined. In addition, the potential impact of the Public Financing Plan Amendment on the financial and fiscal resources of the community and the City shall be determined.

(a)

If the Director decides that private consulting services are required, the Director shall select a consultant.

(b)

The applicant shall be responsible for the cost of any consultant services plus an administrative fee as set by resolution of the City Council.

(Ord. 2024-18, § 1(Exh. A), 2024)

For a Public Financing Plan or a Public Financing Plan Amendment prepared at the City's expense, the City Council may impose a Public Financing Plan fee. The fee shall be applied to persons seeking approvals for development within the area covered by the Public Financing Plan or Public Financing Plan Amendment. The fee charged shall be a prorated amount determined on the basis of the amount of land proposed for development expressed as a percentage of the total land included in the applicable Pubic Financing Plan or Pubic Financing Plan Amendment.

(Ord. 2024-18, § 1(Exh. A), 2024)