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HomeMy WebLinkAboutCouncil Policy No. 300-10 - Development Agreement Fees CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Development Agreement Fees Policy No. 300-10 Effective Date: 7/13/04 Revised: 9/12/06 Page 1 of 2 BACKGROUND State law and the Lake Elsinore Municipal Code permit the City to enter into Development Agreements to vest certain development rights. PURPOSE The purpose of this Policy is to guide the imposition of fees to be paid in consideration of the vested rights provided by development agreements and provide guidelines on how the City will use such development agreement fees. POLICY Pursuant to California Government Code Sections 65864-65869.5 and Lake Elsinore Municipal Code Chapter 19.12, the City enters into development agreements with developers to vest development rights and to formalize financial and functional elements of a development. LEMC Section 19.12.170 requires that property owners entering into development agreements with the City must pay a fee in consideration for the benefits and privileges accruing from the development agreement. The amount of the fee is a negotiated term. Fees must be used for public purposes and facilities to the benefit of the public and the residents of the City as a whole. In considering a property owner’s request for a development agreement, the City Council may rely on the general provisions of LEMC Section 19.12.170 or it may designate specific projects and/or uses of the development agreement fees paid by the property owner under the terms of the development agreement. Scope The development agreement fee policy applies to any development agreement fees whether restricted or unrestricted by the development agreement. CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Development Agreement Fees Policy No. 300-10 Page 2 of 2 Use of Developer Agreement Fees Restricted Development Agreement Fees Restricted development agreement fees must be used according to the contractual terms of the development agreement. Staff will propose the use of those funds through the annual budget process or anytime during the year as the need to spend the restricted funds arise. Unrestricted Development Agreement Fees The use of unrestricted development agreement fees shall be recommended by staff or City Council in a manner consistent with LEMC Section 19.12.170 as part of the City’s annual budget process. The expenditure of such unrestricted funds shall be determined by a majority vote of City Council. It shall be the policy of the City that development agreement fees not be used for routine on-going operating costs. Reporting The current and projected development agreement fees shall be reported to City Council as part of the annual operating and CIP budget study sessions and at adoption, at the Mid- year budget review study session and periodically during the year on revenue budget monitoring reports. HISTORY Approved by Minute Action 7/13/04 Revised by Resolution No. 2006-152 9/12/06