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<br />#4 requires a property o"W'ner to pay the Specific Plan fees for all the lots allocated to that Lot, <br />even if the Lot is developed "W'ith fe"W'er than the number of lots so allocated. <br /> <br />A property o"W'ner "W'ith a "Lot" designated both Hillside ResidentiallLo"W' Density <br />Residential/Open Space or Hillside Residential/Open Space could seek to subdivide the Lot (for <br />example, a parcel map) even though the property o"W'ner has no immediate plans to develop all <br />or any of the parcels. Similarly, a property o"W'ner "W'ith a Lot "W'ith a HillsidelLo"W' Density <br />Residential/Open Space designation could seek to develop the Lo"W' Density Residential portion <br />of the Lot but not the Hillside Residential portion. Under the current Financing Program, the <br />property o"W'ner must pay all the Specific Plan fees for all of the lots that could be developed on <br />the "Lot" "W'ithout regard to "W'hen the lots "W'ould be developed. <br /> <br />This issue came up most recently "W'hen Council approved a major modification to the <br />Berlogar/Chrisman PUD. The Berlogar Lot is designated HillsidelLo"W' Density <br />Residential/Open Space and the property o"W'ner intends to subdivide only the Lo"W' Density <br />portion at this time. Under the Financing Program, the property o"W'ner "W'ill be required to pay <br />Specific Plan fees for 14 lots (nine "W'ithin the Lo"W' Density portion and five in the Hillside/Open <br />Space portion) even though the Hillside/Open Space portion is not being subdivided at this time. <br />The property o"W'ner felt this "W'as inequitable. In response, Council adopted a condition that <br />"W'ould require the property o"W'ner to pay the fees for the "Lot" unless the Financing Program <br />"W'ere modified to defer payment for the lots "W'ithin the Hillside Residential/Open Space portion <br />until a map creating those lots "W'as approved. <br /> <br />Staff has prepared this staff report to allo"W' the Council to determine "W'hether amendments to the <br />Financing Program are "W'arranted to address the situation posed by Berlogar and by other <br />scenarios affecting "W'hen payment of the Specific Plan fees is to be made. <br /> <br />DISCUSSION <br /> <br />As to residential lots "W'ithin the Specific Plan, because the financing program is based, in part, <br />on the development of 189 ne"W' buildable lots, staff believes the Financing Program should <br />continue to provide that generally the fees are to be paid at the time of the approval of a parcel <br />or final map. The purposes of that provision "W'ere (a) to ensure that funds "W'ould be available for <br />certain infrastructure improvements "W'ithin the Specific Plan area and (b) to reimburse funding <br />developers "W'ho constructed improvements the cost of "W'hich "W'as greater than their pro rata <br />share. <br /> <br />In that sufficient funds have no"W' been collected to construct all of the remaining improvements <br />(other than the "W'ater tank and pump station), by continuing to require that the Specific Plan fees <br />are paid at the time of the first subdivision of the Lot, the City "W'ill continue to receive Specific <br />Plan fees at the earliest possible time, thereby allo"W'ing funding developers to be repaid as soon <br />as possible as "W'ell as providing funding for the "W'ater tank and pump station. <br /> <br />SR:05:340 <br />Page 3 <br />