Section:
3.84.010 Purpose.
3.84.020 City council findings.
3.84.030 Definitions.
3.84.040 Manner of serving notices on property owners.
3.84.050 Street facility costs subject to reimbursement.
3.84.060 Establishment of unit street facility costs.
3.84.070 Annual adjustments to unit street facility costs.
3.84.080 Reimbursement for street facility costs incurred by initial developer - Application for reimbursement.
3.84.090 Reimbursements for street facility costs incurred by initial developers - Memorandum of reimbursable street facility costs.
3.84.100 Reimbursement for street facility costs incurred by initial developer - Hearing on memorandum of reimbursable street facility costs.
3.84.110 Reimbursements for street facility costs incurred by initial developer - Action on memorandum of reimbursable street facility costs.
3.84.120 Reimbursements for street facility costs incurred by initial developers - Reimbursement agreement.
3.84.130 Reimbursements for street facility costs incurred by the city or the Chico Redevelopment Agency - Memorandum of reimbursable street facility costs.
3.84.140 Reimbursements for street facility costs incurred by the city or the Chico Redevelopment Agency - Hearing on memorandum of reimbursable street facility costs.
3.84.150 Reimbursements for street facility costs incurred by the city or the Chico Redevelopment Agency - Action on memorandum of reimbursable street facility costs.
3.84.160 Imposition of street facility reimbursement fees.
3.84.170 Amount of street facility reimbursement fees.
3.84.180 Exemptions from street facility reimbursement fees.
3.84.190 Payment of street facility reimbursement fees.
3.84.200 Disposition of street facility reimbursement fee revenues.
3.84.210 Other street facility fees.
This chapter is adopted pursuant to the municipal affairs provisions of the city Charter in order to establish a procedure for reimbursing developers of property located within the city, as well as the Chico Redevelopment Agency and the city itself, for a portion of the costs of constructing and installing street facilities which adjoin other properties within the city, reduce the cost of any additional development occurring on such other properties by eliminating the need for the construction and installation of such street facilities at the time such development occurs, and, by reason thereof, directly benefit such other properties.
(Ord. 1897 (part))
The city council makes the following findings and determinations provided for in Section 66001 of the Government Code in regard to the street facility reimbursement fees assessed and levied pursuant the provisions of this chapter:
A. The city council finds that developers of property located in the city are often required to construct and install off-site street facilities incident to or as a condition of the approval or issuance of a final map, parcel map, certificate of compliance for a minor land division or a building permit which, while necessary to serve development occurring on their property, also adjoin other properties, reduce the cost of additional development occurring on such other properties by eliminating the need for the construction and installation of such street facilities at the time such development occurs, and, by reason thereof, directly benefit such other properties. Similarly, the city and the Chico Redevelopment Agency often construct and install street facilities adjoining properties located in the city which directly benefit such properties. Because such street facilities benefit adjoining properties, the city council finds that it is equitable and proper to assess and levy a fee on the owners of such properties incident to and as a condition of additional development occurring on the properties in an amount equal to each property's proportional share of the cost of constructing and installing the street facilities, and to use the revenue derived from such fees for the purpose of reimbursing the initial developer, the city or the Chico Redevelopment Agency for the cost of constructing and installing that part of such street facilities which benefit such adjoining properties. By reason of the foregoing, the city council determines that there is a reasonable relationship between the street facilities, the costs of which will be reimbursed with the fees assessed and levied pursuant to the provisions of this chapter, and the development upon which such fees are imposed.
B. The city council finds that the revenues from the street facility reimbursement fees assessed and levied pursuant to this chapter will be used to reimburse developers, the city or the Chico Redevelopment Agency as and for the cost of that part of the street facilities constructed and installed by them which benefit the adjoining properties for which such fees are assessed. In particular, the city council finds that in accordance with the provisions of this chapter, the revenue from the street facility reimbursement fees assessed and levied against an owner of property pursuant to a memorandum of reimbursable street facility costs approved under this chapter must be used for the purpose of reimbursing the initial developer over a period of 15 to 30 years for the cost of that part of the street facilities constructed and installed by the initial developer which benefit such property, all in accordance with the terms and conditions of a reimbursement agreement between the city and initial developer executed in the manner provided by this chapter. Similarly, the revenue from the street facility reimbursement fees assessed and levied against an owner of property pursuant to a memorandum of reimbursable street facility costs approved by the city council for the city or the Chico Redevelopment Agency in the manner provided by this chapter must also be used for the purpose of reimbursing the city or Chico Redevelopment Agency for the cost of that part of the street facilities constructed and installed by the city or the Chico Redevelopment Agency which benefit such property. By reason of the foregoing, the city council determines that there is a reasonable relationship between the use of street facility reimbursement fees provided for by this chapter and the development upon which such fees are imposed.
C. The city council finds that the street facility reimbursement fees assessed and levied pursuant to the provisions of this chapter for the purposes of reimbursing developers, the city or the Chico Redevelopment Agency as and for the costs of constructing and installing street facilities which benefit adjoining properties will be in an amount equal to each such property's proportional share of such costs. In particular, the city council finds that in accordance with the provisions of this chapter, the amount of street facility fees assessed and levied pursuant to a memorandum of reimbursable street facility costs approved by the city council for an initial developer, the city or the Chico Redevelopment Agency in the manner provided by this chapter will be based on the product of the cost per foot of constructing such street facilities, determined from the actual costs incurred by the initial developer, the city or the Chico Redevelopment Agency in designing, constructing and installing the street facilities, or as calculated from unit street facility costs established by resolution of the city council, whichever is less, multiplied by the total footage of that part of a benefitted parcel fronting on the street facilities and adjusted for any increase in the cost of constructing and installing street facilities between the date such costs were incurred and the date such fees are paid. By reason of the foregoing, the city council determines that there is a reasonable relationship between the amount of the street facility reimbursement fees provided for by this chapter and the cost of the street facilities for which the fees are assessed.
(Ord. 1897 (part), Ord. 2158 §1)
Unless the contrary is stated or clearly appears from the context, the following definitions shall govern the construction of the words and phrases used in this chapter:
A. Benefitted Property. The term “benefitted property” or “benefitted parcel” means a parcel of real property or any part thereof which adjoins a street which was constructed and installed by an initial developer, the city or the Chico Redevelopment Agency.
B. Director. The term “director” means the director of the public works department.
C. Initial Developer. The term “initial developer” means any person who is required to construct and install off-site street facilities which benefit other parcels of real property incident to or as a condition of the approval of a final map, final parcel map, certificate of compliance for a minor land division, or incident to or as a condition of the issuance of a building permit.
D. Street Facilities. The term “street facilities” means a public street constructed or installed within the city or any part thereof including, but not limited to, the street surface, street base, street sub-base, and all sidewalks, curbs, gutters, storm drains, street lights, street signs and other facilities necessary and appurtenant thereto.
E. Street Facility Costs. The terms “street facilities costs” or “the cost of constructing and installing street facilities” means all direct costs usually incurred in the construction and installation of street facilities within the city including, but not limited to, costs incurred in designing such street facilities, the cost of all plan check fees and other fees incurred in securing city and other governmental approvals of the plans and specifications for the street facilities, and the cost of all labor, materials, equipment, contractors and/or subcontractors employed in constructing and installing the street facilities, but excluding the cost of any land or interests in land acquired for or devoted to the street facilities.
(Ord. 1897 (part), Ord. 2364 §82, Ord. 2439 §33)
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