San Joaquin County Municipal Code Ch. 9 1260M - Specific Plan Reimbursement Fees

It is the intent of this chapter to establish Specific Plan reimbursement fees, in accordance with Section 65456 of the Government Code, and to set forth the responsibilities of the parties involved in implementing the Specific Plan Reimbursement Program as provided in the Mountain House Public Financing Plan.

(Ord. 4033, § 3 (part), 1999)

In establishing Specific Plan reimbursement fees, the Board of Supervisors finds as follows:

(a) Following extensive planning, environmental impact analysis, and public review, the Board of Supervisors adopted the Mountain House Master Specific Plan as an implementation measure to the San Joaquin County General Plan.

(b) The Master Specific Plan sets forth a comprehensive plan for the Mountain House Community, including a Land Use Plan which designates and guides the location and amount of land for residential, commercial, industrial, institutional, and recreational uses. As a result of this Land Use Plan, Mountain House will be a well-planned community with each land use dependent on the other.

(c) The Board of Supervisors has also adopted Specific Plan I and will adopt subsequent Specific Plans, as the primary implementation documents for the Master Specific Plan.

(d) Specific Plans are both policy and regulatory documents, providing detailed information and instruction regarding the types, locations and densities of land uses; development phasing; zoning regulations; public infrastructure and services; development standards; and design guidelines. Adopted Specific Plans are critical precursors to actual physical on-site development, making possible the granting of land use entitlements.

(e) Those developing property in the Mountain House Community will derive benefit from the adopted Master Specific Plan and subsequent Specific Plans, including the Supporting Documents, whose preparation and adoption has been paid for by the Master Developer and/or other Developers.

(f) The Board of Supervisors has adopted the Mountain House Public Financing Plan which includes policies for reimbursing Developers, including the Master Developer, for the cost of preparing and adopting the Mountain House Master Specific Plan and subsequent Specific Plans, including the Supporting Documents.

(g) In order to establish equity among Developers who benefit from the adopted Master Specific Plan and subsequent Specific Plans, including the Supporting Documents, it is necessary to create and implement a mechanism whereby the Master Developer and other Developers who have paid for the cost of said documents can recover their costs, in accordance with Section 65456 of the Government Code.

(Ord. 4033, § 3 (part), 1999)

Two types of reimbursement fees are authorized in the Mountain House Community: the Master Specific Plan Reimbursement Fee, and a Specific Plan Reimbursement Fee.

(a) Each reimbursement fee shall be established by a resolution adopted by the County, pursuant to this Chapter and to the Mountain House Public Financing Plan. The resolution shall describe the area of coverage for the respective reimbursement fee.

(b) Reimbursement fees shall be based on the amended Specific Plan Reimbursement Program Technical Report which specifies the methodology and serves as the basis of the fee computation. The Specific Plan Reimbursement Program Technical Report is incorporated herein, as part of this Chapter, by this reference, and is on file with the San Joaquin County Community Development Department.

(c) The amount owed on property subject to reimbursement fees shall be determined by multiplying the gross acreage of said property by each applicable reimbursement fee. The sum of the products from this calculation shall equal the total amount owed from reimbursement fees for said property.

(d) A Developer who has paid for the cost of preparing and adopting a Specific Plan may request that the County establish a Specific Plan Reimbursement Fee for the area covered by said Specific Plan.

(e) Reimbursement fees shall be automatically adjusted, commencing on July 1st of each succeeding year following adoption of said fees, by the change, if any, in the Consumer Price Index (CPI), San Francisco-Oakland-San Jose Index for Urban Wage Earners and Clerical Workers—All items, published by the Bureau of Labor Statistics, U.S. Department of Labor (1967=100). The adjustment in reimbursement fees shall be calculated by multiplying each applicable reimbursement fee by a fraction having a numerator equal to the most recent June CPI and having a denominator equal to the June 2001 CPI.

(Ord. 4033, § 3 (part), 1999; Ord. 4126, § 1, 2001)

Unless otherwise specified, all property within the Mountain House Community shall be subject to the Master Specific Plan Reimbursement Fee and any applicable Specific Plan Reimbursement Fee. The applicable reimbursement fee or fees shall be payable as a condition of, and upon the issuance of, any Development Permit, or any zoning or rezoning, affecting real property within the area covered by the Mountain House Master Specific Plan that (i) subdivides land under the California Subdivision Map Act or applicable local ordinance, or creates a new parcel of real property, or (ii) creates, authorizes, permits or allows any use that affords the beneficial owner of any such real property access to, or use of, development entitlements provided by or pursuant to the Mountain House Master Specific Plan, or any Specific Plan, including Specific Plan I. For the purposes of this section, "development entitlements" means the ability to develop or use real property in a manner created by, or allowed pursuant to, the Mountain House Master Specific Plan, or any Specific Plan, including Specific Plan I, which did not exist prior to the adoption of such plan(s).

(Ord. 4033, § 3 (part), 1999)

Property shall be exempt from the Master Specific Plan Reimbursement Fee or the applicable Specific Plan Reimbursement Fee or both said fees under any of the following circumstances:

(a) If the subject property has previously fully met the fee requirements of this Chapter, the property shall be exempt from said fees;

(b) If the Development Permit to develop the subject property is for a public facility, and the applicant for the Development Permit is a public entity, and the subject property is owned by the public entity the Development Permit shall not result in the imposition of said fees on the property, except in cases where the public entity obtains land through condemnation;

(c) If the Master Developer or the Master Developer's assignee submits a Development Permit application to the County to develop property within the area covered by the Mountain House Master Specific Plan, the property shall be exempt from the Master Specific Plan Reimbursement Fee;

(d) If a Developer, or the Developer's assignee, who has paid for the cost of preparing and adopting a Specific Plan submits a Development Permit application to the County to develop property in said Specific Plan area, the property shall be exempt from the applicable Specific Plan Reimbursement Fee.

(Ord. 4033, § 3 (part), 1999)

Reimbursement fees shall be deposited in either the Master Specific Plan Reimbursement Fee Fund or the relevant Specific Plan Reimbursement Fee Fund, whichever is applicable, that is established by the County to hold the revenue generated by the fees. Revenue within such funds, and any interest generated therein, shall be used solely for the purposes set forth in Section 9-1260.7M.

(Ord. 4033, § 3 (part), 1999; Ord. 4126, § 2, 2001)

(a) Revenues generated from the Master Specific Plan Reimbursement Fee shall be used for the following purposes:

(1) To reimburse the Master Developer for the casts incurred by the Master Developer in the preparation and adoption of the Mountain House Master Specific Plan and the Supporting Documents, as specified in the Specific Plan Reimbursement Program Technical Report; and

(2) To reimburse the County for the costs incurred in the administration of the Master Specific Plan Reimbursement Fee.

(b) Revenues generated from a Specific Plan Reimbursement Fee shall be used for the following purposes:

(1) To reimburse a Developer for the costs incurred by the Developer in the preparation and adoption of the applicable Specific Plan and the Supporting Documents, as specified in the Specific Plan Reimbursement Program Technical Report; and

(2) To reimburse the County for the costs incurred in the administration of the applicable Specific Plan Reimbursement Fee.

(Ord. 4033, § 3 (part), 1999; Ord. 4126, § 3, 2001)

Once the Master Developer or any other Developer has been fully reimbursed for all cost incurred by the Master Developer or any other Developer in preparing and adopting the Mountain House Master Specific Plan or the applicable Specific Plan, and the Supporting Documents, the applicable reimbursement fees shall cease to be collected and this Chapter shall be repealed. Any monies remaining in the Master Specific Plan Fee Fund or in the applicable Specific Plan Fee Fund shall be paid into the General Fund of the County.

(Ord. 4033, § 3 (part), 1999)

There shall be no refund of monies generated from the imposition of any reimbursement fees on property.

(Ord. 4033, § 3 (part), 1999)