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4A Public Hearing 2015 0420
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4A Public Hearing 2015 0420
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
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4/20/2015
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_CCAgenda 2015 0420 CS+RG
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\City Clerk\City Council\Agenda Packets\2015\Packet 2015 0420
PowerPoint 4A Public Hearing 2015 0420 APL15-0001
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\City Clerk\City Council\Agenda Packets\2015\Packet 2015 0420
Reso 2015-079
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\City Clerk\City Council\Resolutions\2015
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10/31/2014 <br />property as a result of prior payments. <br />San Leandro Municipal Code (San Leandro, California) <br />(e) Special regulations relating to the development of property within the proposed underground utility district. <br />(f) Such other matters. which will accomplish the purposes of this Chapter, including procedure for the <br />administration hereof. <br />(g) Such rules as may be required by the Finance Director to account for the funds deposited pursuant to this <br />Chapter and the Master Plan. <br />5-3-320 MASTER PLAN CONSTITUTES A SPECIFIC PLAN. <br />It is the intention of the City Council that the Master Plan is necessary and convenient for the implementation of <br />the General Plan of the City. For such purposes and for purposes of the Subdivision Map Act, the Master Plan <br />shall be and is hereby deemed a specific plan of the City of San Leandro. <br />5-3-325 IMPOSITION OF FEES FOR DEVELOPMENT WITHIN PROPOSED UNDERGROUND UTILITY <br />DISTRICT. <br />(a) Notwithstanding the provisions of Chapters 1 and 5 of Title VII of this Code and the Zoning Code of the City <br />of San Leandro to the contrary, no property shall be reclassified; no subdivision map or parcel map approved; no <br />conditional use permit, variance, general development plan or precise development plan approved; and no <br />building permit for construction of multi -family residential, commercial, industrial or other uses shall be issued <br />unless and until the applicant therefor deposits with the Finance Director such fees for underground utility <br />conversion as are specified in or pursuant to the Master Plan. <br />(b) If such fees are paid following the completion of the underground utility conversion project then such fee <br />shall represent the pro rata allocation of actual costs attributable to the property assessed on a front foot basis or <br />such other basis as in the opinion of the City is fair, just and equitable. If such fees are paid prior to the <br />underground utility conversion project then such fees shall represent, the pro rata allocation of estimated costs in <br />current dollars attributable to the property assessed on a front foot basis or such other basis as the opinion of the <br />City is fair, just and equitable. <br />5-3-330 PAYMENT AND DEPOSIT OF UNDERGROUND UTILITY CONVERSION FEES. <br />Fees payable under the terms of this Chapter and the Master Plan shall be paid in cash to the Finance Director. <br />The Finance Director shall deposit such funds received pursuant to this Chapter in a separate fund or account for <br />underground utility conversion projects. All earnings on such sums deposited shall be credited to such fund or <br />account. Any refunds granted shall be paid only from such fund or account. <br />5-3-335 MODIFICATION OF OBLIGATION. <br />If upon a determination by the City Council, the Planning Commission, the BZA, or any City official or <br />employee authorized by the City Council to grant a zoning approval or other entitlement as specified in Section <br />5-3-325(a), feels that an undue hardship would result from the imposition of the fees in the manner set forth in <br />Section 5-3-325, or that utility improvements to be made by the developer or owner of property subject to the <br />payment of a fee as provided in Section 5-3-325, will reduce the cost of and be usable as a part of an <br />underground utility conversion project, the Community Development Director may authorize a modification in <br />the amount or manner of payment of the obligation. If utility improvements in lieu of all or a portion of the fee <br />are to be approved, the fee shall be reduced by the cost of said utility improvements, as estimated by the serving <br />utility companies. If deferred payment or improvements are approved, such approval shall be by written <br />agreement with adequate security therefor executed by the property owner or authorized representative of <br />property owner, to undertake such improvements or make such payments at the time that the underground utility <br />http://gcode.us/codes/Sanlearidro/ 617 <br />
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