Chapter 3.28 - Public Facilities Element Reimbursement Fee#

3.28.010 - Purpose#

The city council has determined to prepare a public facilities element of the Lincoln general plan pursuant to Government Code Section 65303 and an environmental impact report and financing plan for the public facilities element (hereinafter referred to collectively as the program) to provide for the public health, safety, and welfare and the orderly physical development of the city. The city has entered into a reimbursement agreement dated as of December 13, 1988, to aid in financing preparation of the program. Under this agreement three developers have advanced to the city the full cost of preparation of the program and the city has agreed to reimburse to them that portion of the amounts advanced that exceeds their proportionate fair share of the cost. The city council determines that a reimbursement fee is needed to spread the cost of preparation of the program to all benefitted properties and to meet the city's reimbursement obligation. In establishing the fee described in the following sections the city council has found the fee to be consistent with the city's general plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the city's housing needs as established in the housing element of the general plan.

(Ord. 515B §1, 1988)

3.28.020 - Public facilities element reimbursement fee#

A public facilities element reimbursement is established on the annexation of territory into the city. The city council shall, in a council resolution, set forth the specific amount of the fee, describe the benefit area on which the fee shall be imposed, describe the program and its estimated cost, describe the reasonable relationship between the fee and the annexation to which it shall apply, and set forth the time of payment. As described in the fee resolution, the reimbursement fee shall be paid as a condition of submitting an application to the city for annexation of the territory to which it applies to the city. On an annual basis, the city council shall review this fee to determine whether the fee amounts are reasonably related to the preparation of the program and whether the fee is still needed.

(Ord. 515B §2, 1988)

3.28.030 - Limited use of fee#

The funds raised by payment of the reimbursement fee shall be placed in a separate interest-bearing account for the benefit of those developers advancing to the city the cost of preparation of the program (the "reimbursement fee account") and such funding, along with all accrued interest earnings on the funds, shall be used solely to reimburse the developers as provided in the reimbursement agreement.

(Ord. 515B §3, 1988)

3.28.040 - Fee waiver#

The fee established in this chapter shall be waived for any applicant for annexation who is a party to the reimbursement agreement under the terms and conditions and as provided for in the reimbursement agreement.

(Ord. 515B §4, 1988)

3.28.050 - Fee adjustment#

Any applicant for annexation who is subject to the fee established in this chapter may apply for a reduction or waiver of the fee based on a lesser degree or complete absence of any reasonable relationship between the annexation and the benefits of the program to that annexation and the amount of the fee. The application shall be in writing and filed with the director of community development concurrently with the annexation application, accompanied by a fee in the amount of $250.00 to cover the cost of the hearing. The application shall state in detail the factual basis for the reduction or waiver request. The city council shall consider the application at a noticed public hearing held no later than 60 days thereafter. The city council shall approve the application in whole or in part only upon finding that due to specific and specified factors particular to the proposed annexation that the information in the program is not fully beneficial or applicable to the proposed annexation. The decision of the city council shall be final. The procedure and hearing requirements of this section shall not apply to a fee waiver under Section 3.28.040.

(Ord. 515B §5, 1988)