Chapter 15.07
REIMBURSEMENT PROCEDURES FOR CERTAIN PREVIOUSLY CONSTRUCTED ROADWAYS AND FACILITIES
Sections:
15.07.020 Improvements subject to reimbursement.
15.07.030 Preparation of reimbursement plan.
15.07.060 Decision of City Council.
15.07.070 Recording of resolution and payment.
15.07.080 Waiver of payment in full.
15.07.010 Policy.
The City Council does hereby find and determine that where the City of Poway or the Poway Redevelopment Agency has constructed or caused to be constructed at its cost and expense street improvements to any arterial roadway identified on the comprehensive plan of the City of Poway or to any water, sewer, or flood control facilities which benefit properties, abutting such improvements, which have not participated in the cost of acquiring the right-of-way and installing such improvements, the owners of such properties shall reimburse such public agency in accordance with the terms of this chapter. This chapter shall not apply to reimbursement as required by Government Code Section 66484. (Ord. 202, 1986)
15.07.020 Improvements subject to reimbursement.
“Improvements subject to reimbursement” means any or all of the following types of improvements constructed or caused to be constructed at the expense of the City of Poway Redevelopment Agency which benefit properties abutting such improvements which have not participated in the cost of installing such improvements.
A. Street improvements to any arterial roadway identified as such in the comprehensive plan of the City of Poway, including but not limited to curbs, gutters, sidewalks, paving, traffic signals, street lights, and any underground water, sewer or other utilities within the right-of-way of such arterial.
B. Water, sewer and flood control facilities, including but not limited to pipes, channels and bridges abutting any property which abuts an arterial roadway.
C. Public right-of-way and easements acquired for the installation of such improvements. (Ord. 202, 1986)
15.07.030 Preparation of reimbursement plan.
Prior to the completion of improvements subject to reimbursement, the Director of Public Services shall prepare a reimbursement plan which shall contain the following:
A. A legal description of all benefiting properties including the owner’s property;
B. A detailed plat drawn at an engineering scale on legal size paper showing the precise locations of all improvements and complete dimensions (including frontage) of all benefiting property;
C. A reimbursement schedule to include a list of all benefiting properties with current Tax Assessor’s parcel number, owner’s name, property’s street address, acreage of benefiting parcels and a benefit charge. The amount of the benefit charge assigned to each benefiting parcel shall be subject to the approval of the City Council. The benefit charge assigned to each parcel shall bear a reasonable relationship to the benefit conferred upon that parcel by the improvements and shall bear interest at the rate of five percent per year, compounded annually;
D. A report identifying the burden which the development of each property in accordance with its zoning and general plan designation will impose upon the public facilities to be improved and the extent to which the development of such property will contribute to the need, for such improvements;
E. A detailed estimated cost of the design and construction of the permanent construction;
F. A detailed description of the method of benefit charge allocation. (Ord. 202, 1986)
15.07.040 Notice of hearing.
Upon completion of the reimbursement plan as drafted by the Director of Public Services, review of the plan shall be set for public hearing before the City Council. Notice of the hearing shall be provided by publication in a newspaper of general circulation within the City and to all persons whose names appear on the latest adopted tax roll of the County as owning benefiting properties as follows:
A. The City Clerk shall set the time and place of the public hearing.
B. Notice of the public hearing shall be given not less than 10 days nor more than 30 days prior to the date of the hearing.
C. The hearing may be continued at the discretion of the City Council. (Ord. 202, 1986)
15.07.050 Conduct of hearing.
The hearing shall be conducted by the City Council to consider the proposed benefit charge, the benefit conferred upon each property by the improvements, the burden which the development of each property in accordance with its zoning and general plan designation will impose upon the public facilities to be improved and the extent to which the development of such property will contribute to the need for such improvements, impose the fairness of the method of benefit charge allocation, and the approval, conditional approval, or denial of the reimbursement plan. The hearing may be conducted before or after actual completion of the improvements, as the Council may determine. (Ord. 202, 1986)
15.07.060 Decision of City Council.
At the conclusion of the public hearing, the City Council shall adopt a resolution approving, conditionally approving or denying the reimbursement plan. The resolution shall attach as an exhibit thereto a copy of the reimbursement plan as adopted by the Council and shall set forth the method of benefit charge allocation as approved by the Council. (Ord. 202, 1986)
15.07.070 Recording of resolution and payment.
The resolution of the City Council shall be recorded in the Office of the Recorder of San Diego County. The benefit charge shall become a lien upon the property against which it is allocated and shall be payable not later than upon issuance of certificate of occupancy as a condition of approval of development review for the property, or any portion thereof, to the order of the public agency to be reimbursed, to be deposited in the appropriate street development, water, sewer or drainage fund according to the nature of the improvements for which the payment is made. (Ord. 202, 1986)
15.07.080 Waiver of payment in full.
Notwithstanding any other provisions of this chapter to the contrary, the Poway Redevelopment Agency may waive payment in full of the benefit charge upon finding that such waiver would promote the prompt implementation of, and would not otherwise be inconsistent with, the redevelopment plan. (Ord. 202, 1986)
15.07.090 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions. The City Council of the City of Poway hereby declares that it would have passed this chapter and each section, subsection, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases are declared invalid or unconstitutional, and would have passed and adopted the same even though any parts, sections, subsections, sentences, clauses or phrases that may be held invalid had been omitted therefrom. (Ord. 202, 1986)