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BLOSSOM INDUSTRIAL PARK ANNEXATION REFUND REQUEST
RECOMMENDATION
It is recommended that the City Council approve a motion authorizing a refund to David Rajkovich in the amount of $64,766.66 for the planning application fees on the Blossom Industrial Park annexation project.
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Summary
Due to several unforeseen challenges, David Rajkovich ("Applicant") withdrew his application for the annexation of several parcels that would have facilitated the development of an industrial project known as Blossom Industrial Park.
Pursuant to Stockton Municipal Code (SMC) Section 16.84.080.B, the Community Development Director may authorize the issuance of a refund when a planning application is withdrawn. Because the recommended refund is over the $20,000 limit established by SMC Section 3.60.020.B, City Council approval is required.
DISCUSSION
Background
On November 2, 2011, David Rajkovich ("Applicant") paid $71,962.96 in permit fees and filed an application for the proposed annexation of several parcels and the development of an industrial project known as Blossom Industrial Park. The project site is located in an unincorporated area of San Joaquin County near Wilson Way and Cherokee Road.
The application, as submitted, was incomplete as it was missing many documents necessary to process the application, including: environmental documentation, annexation documents, development agreement and tentative map. Although staff notified the applicant of the missing documentation and the applicant committed to producing them, a variety of other considerations prevented the application from being completed including:
· A new state law which required the project to consider the annexation of the adjacent "Disadvantaged Unincorporated Community;"
· Uncertainty re: the annexation caused by the City's Bankruptcy;
· Expiration of the City-County Master Tax Sharing Agreement; and
· The required update to the Local Agency Formation Commission (LAFCO) Municipal Services Review.
Ultimately, the City was unable to proceed with the annexation so the Applicant withdrew the application in order to pursue development under the jurisdiction of San Joaquin County.
Present Situation
The Applicant has requested a complete refund of application fees paid for this project (Attachment A- Refund Request Form).
SMC Section 16.84.080.B states:
In the case of a withdrawal, the Community Development Director may authorize a refund based upon the following:
1. 100 percent refund, less the refund processing fee required by the Council's fee resolution, if the application is:
a. Accepted in error (an application that cannot be processed); or
b. Determined to not be complete.
Pursuant to the above and on conjunction with the missing documentation, staff determined that the application was not complete. The application amount paid by Mr. Rajkovich was $71,962.96 hence the 10% refund processing fee is $7,196.30.
Therefore, in connection with applicant's request, the requirements of SMC Section 16.84.080.B, and the Council's approved refund processing fee (Attachment B- Community Development Department Planning Fee Schedule), the Community Development Director recommends that Council approve a motion authorizing a refund to Mr. Rajkovich in the amount of $64,766.66.
FINANCIAL SUMMARY
The application fees, totaling $71,962.96 were deposited into the following Community Development Department accounts:
048-7451-345.41-02 |
$ 3,210.16 |
441-4411-345.11-20 |
$ 43.59 |
441-4411-341.23-21 |
$ 57.09 |
441-4411-341.21-09 |
$ 97.57 |
048-2631-345.11-21 |
$ 292.70 |
048-2631-341.23-21 |
$ 511.74 |
048-2631-341.21-09 |
$ 328.00 |
048-1825-345.15-48 |
$ 260.00 |
048-1825-345.15-41 |
$ 2,713.00 |
048-1825-345.11-21 |
$ 7,829.30 |
048-1825-345.11-20 |
$ 5,449.68 |
048-1825-341.23-21 |
$11,399.45 |
048-1821-345.11-20 |
$ 101.73 |
048-1821-341.23-21 |
$ 101.72 |
048-1830-345.18-02 |
$ 856.04 |
048-1825-341.21-09 |
$13,207.43 |
048-1821-341.21-09 |
$ 408.97 |
048-1825-345.15-00 |
$25,094.79 |
The refund will be made from these accounts. As such, there will be no financial impact to the general fund.
Attachment A - Refund Request Form
Attachment B - Community Development Department Planning Fee Schedule