A. Public Facilities Financing Plans. No application for a SPA Plan, or, if a SPA Plan is not required, no application for a Tentative Map, shall be deemed complete or accepted for review unless:

The PFFP may be waived by the City Council upon a showing that there are no public facilities, infrastructure and service needs warranting the preparation of a PFFP.

B. No SPA Plan, nor any Tentative Map, shall be approved, or deemed approved, without an approved PFFP. To provide consistency and implementation of said plan, the City Council may impose any condition to the approval of a SPA Plan or Tentative Map necessary to implement the PFFP or the Facility Master Plans.

C. No Final Map shall be approved until all the conditions of the PFFP have been met, or the Project applicant has provided adequate security to the City that said plans will be implemented.

D. No other discretionary planning approvals shall be granted unless the City Council finds that the Project is consistent with an approved PFFP and the Facility Master Plans.

E. No building permit shall be issued unless the permit is consistent with any applicable PFFP and all applicable fees, including, but not limited to, development impact fees, traffic impact fees, drainage fees, school fees, park fees, sewer fees, water fees, or other development fees adopted by the City Council, have first been paid or provision for their payment has been made to the satisfaction of the City Council.

F. No Development shall occur in a PFFP area if the demand for any public facilities, infrastructure and services exceeds capacity and it is not feasible to increase capacity prior to completion of Development unless the means, schedule and financing for increasing the capacity are established through the execution of a binding agreement providing for installation and maintenance of such Facilities or improvements in advance of the City’s phasing schedule. (Ord. 3563 § 18, 2024; Ord. 3539 § 1(Y), 2022).

A. A PFFP may be processed concurrently with the SPA Plan or Tentative Map.

B. A PFFP may be initiated by filing an application with the Director of Development Services. The applicant shall pay a deposit at the time any application for a PFFP is accepted to cover the City’s costs for reviewing the plan.

C. A PFFP for a Project shall be prepared by the applicant and its qualified consultants, according to the procedures established by this chapter.

D. The cost of PFFP preparation shall be borne by the applicant. (Ord. 3563 § 18, 2024; Ord. 3539 § 1(Y), 2022).

A. A completed PFFP complying with this chapter, and accompanied by a processing fee in an amount established by City Council resolution, may be submitted to the Director of Development Services for processing. If the Director of Development Services determines that the plan complies with the provisions of this chapter, the Director shall accept the PFFP for review. Once the PFFP has been reviewed and complies with the provisions of this chapter, it shall be set for public hearing before the Planning Commission together with the accompanying development plan.

B. The hearing shall be noticed according to the provisions of CVMC 19.12.070. A staff report containing recommendations on the PFFP shall be prepared and furnished to the public, the applicant, and the Planning Commission prior to the hearing.

C. The Planning Commission shall hear and consider the application and shall by resolution prepare recommendations and findings for the City Council. The action of the Commission shall be filed with the City Clerk, and a copy shall be mailed to the applicant.

D. When the Planning Commission action is filed with the City Clerk, the Clerk shall set the matter for public hearing before the City Council. The hearing shall be noticed according to the provisions of CVMC 19.12.070.

E. The City Council shall hear the matter, and after considering the findings and recommendations of the Planning Commission, may approve, conditionally approve, or deny the plans. The City Council may include in the resolution adopting the PFFP any fees or Facilities improvement requirements provided for in City ordinances in order to implement the Facility Master Plans and the PFFP.

F. A PFFP may be amended following the same procedures for the original adoption. (Ord. 3539 § 1(Y), 2022).

A. The Director of Development Services shall ensure that PFFPs are prepared for all SPA Plans and Tentative Maps or equivalent Projects pursuant to Chapter 19.48 CVMC.

B. In the event that the Director of Development Services or their designee finds that the Project is not in Substantial Compliance with the PFFP as modified or amended, the developer may be deemed to be in default and the corresponding discretionary permit approval may be affected. (Ord. 3563 § 18, 2024; Ord. 3539 § 1(Y), 2022).

A. Adoption of a PFFP does not establish any entitlement or right to any particular General Plan or zoning designation or any particular development proposal.

B. If the Director of Development Services determines that such events or changed circumstances adversely affect the health, safety or welfare of the City, the City may require the amendment, modification, suspension, or termination (hereinafter “change”) of an approved PFFP. If the City requires such change, the City shall (1) give notice to applicant or owner of (a) the City’s intended action to change the PFFP, and (b) the reasons and factual basis for the City’s determination; (2) give notice to the applicant or owner, at least 30 days prior to the hearing date, of the time and place of the hearing; and (3) hold a City Council hearing on the determination, at which hearing the applicant or owner shall have the right to present witnesses, reports, and oral and written testimony. Prior to approving any change, the City shall find that (1) the circumstances were unknown or that the circumstances have changed; and (2) the health, safety or welfare of the community requires the change of the PFFP. This provision shall neither limit nor expand the rights of liabilities of either of the parties with respect to the PFFP or the Development of the property.

If, after notice and hearing, the Council determines that a deficiency exists, then prior approval of the associated discretionary action may be affected until an amendment to the applicable PFFP mitigating the deficiency is approved by the City Council.

C. The City Council may initiate an amendment to any PFFP at any time if, in its discretion, it determines that an amendment is necessary to provide adequate Facilities and improvements and subsequent permits will be conditioned on conformance. (Ord. 3563 § 18, 2024; Ord. 3539 § 1(Y), 2022).

A. Exceptions. Nothing in this chapter shall alter or amend the terms and conditions of any development agreement entered into between the City and a developer.

B. Exclusions. Development projects which consist of Facilities or structures constructed by a city, county, special district, state, or federal government or any agency, department, or subsidiary thereof for governmental purposes are excluded from the provisions of this chapter. To the extent that the City has authority to regulate such development projects, such projects shall not be exempt. For example, any private Development occurring on land leased from a public agency would not be exempt. This exclusion shall not apply to development projects to which a possessory interest tax would be applicable. (Ord. 3539 § 1(Y), 2022).

A. Whenever this chapter requires or permits an action or decision of the City Council, that action or decision shall be accomplished by resolution and/or ordinance, as appropriate.

B. The City Council shall establish application and processing fees for the submission and processing of Public Facilities Financing Plans (PFFPs).

C. Whenever written notice is required to be given to property owners under this chapter, the notice shall be mailed by first class mail to the project applicant and owners shown on the last equalized assessment roll. (Ord. 3563 § 18, 2024; Ord. 3539 § 1(Y), 2022).