12.05.040 Fee in lieu of sidewalks, curb and gutter construction – Voluntary agreements.
If approved by the public works director, an applicant for a development approval or permit may enter into a voluntary agreement with the city to allow a payment in lieu of physically constructing any or all of the sidewalks, curb and gutter improvements otherwise required pursuant to this chapter.
A. Form and Execution Authority. A voluntary agreement under this section shall be in a form approved by the city attorney. The public works director is authorized to enter into and execute such voluntary agreements on behalf of the city.
B. Calculation for Payment in Lieu of Mitigation. The in-lieu payment shall be based on the estimated cost of the sidewalks, curb and gutter improvements, and shall be calculated on a per-lineal foot basis multiplied by the number of lineal frontage feet of the subject property. The per-lineal foot cost estimate shall be set by annual resolution of the city council, and may be adjusted by the council based on inflation, material and labor costs, and any other relevant factor. Provided, a development applicant may submit an independent cost estimate for the public works director’s consideration, which the public works director shall in his/her discretion accept, accept in part, or reject.
C. Payment Provisions. The in lieu of payment shall be subject to the following provisions:
1. The payment shall be received by the city prior to final development approval or permit issuance except as provided in this chapter;
2. The payment shall be held by the city in a reserve account used exclusively for the construction of public sidewalks, curbs and gutters within the city, including without limitation applicable costs of construction, administration, and design;
3. The payment shall be expended within five years of collection; and
4. Any payment not so expended shall be refunded with interest at the rate applied to judgments to the owner(s) of record of the subject property at the time of the refund; however, if the payment is not expended within five years due to delay attributable to the developer, the payment shall be refunded without interest.
D. Appeal. Determinations by the public works director under this chapter shall be appealable by the development applicant in the same manner, and subject to the same time frame, as applicable to appeals of the underlying development approval or permit. (Ord. 1219-23 § 1 (Exh. A), 2023).