HomeMy WebLinkAbout6.4 Public Facilties Impct Fee Ord
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CITY OF DUBLIN
AGENDA STATEMENT
ern OfJDNICIL MImTING DATE: November 28, 1994
S~~ Public Facilities Impact Fee Ordinance
(Prepared by: City Attorney Elizabeth H. Silver)
EXIlll..llw:JCS A'rl'ACHED: 1. ~raft Public Facilities Impact Fee Ordinance
2. ~ Eastern Dublin Specific Plan, Pages 149, 151-153
~d 165
3. ~Government Code Section 65913.2
RECOMMENDATION: 1.
~2.
3.
4.
Open Public Hearing
Receive Staff Report and Public comment
Close public hearing and deliberate
Waive reading and INTRODUCE Public Facilities
Impact Fee Ordinance
FINANCIAL STATEMENT:
The cost of preparing the Public Facilities Impact
Fee Ordinance can be recovered from property
owners applying for approval of development.
DESCRIPTION: The Eastern Dublin Specific Plan was adopted in 1993.
The Plan includes financing goals including a goal that new development in
the Specific Plan area should pay the full cost of infrastructure needed to
serve the area. The Plan anticipates that the cost of new infrastructure
will be paid for in a variety of ways. These include:
. MelIo-Roos Community Facilities Districts which authorize a special
tax to finance public facilities ( and some public services)
. Special Assessment Districts which authorize an assessment against the
property; bonds are typically issued secured by the lien of the
assessment and annual assessments are paid along with property taxes
for the term of the bonds
. Marks-Roos Bonds which are a bond pool made up of other bonds that the
Ci ty has issued or plans to issue for the purpose of reducing the
costs of issuance of the bonds
. Infrastructure Financing Districts which allow the formation of a
district which then receives "tax increment II property tax monies to
finance designated public facilities
. Developer Impact Fees which are established pursuant to Government
Code Section 66000 et seg. ("AB 1600") for infrastructure such as
streets, parks and community buildings
. Ftre Impact Fees which are established by the Dougherty Regional Fire
Authority to fund the cost of new fire stations
. Skbo>>l Lmpact Fees which are established by the school districts
.
;~ amd Water Connection Fees which are established and charged by
ttb~ mvI3I:m San Ramon Services District and Zone 7
.
The Spec:if:L\.1' 1?lIam. ;(pge 152) recognizes that the entire cost of new
inCras~~u~~ ~ me ,fi;~ed over tiRe through an assessment district
or a Me-..J.lo-Roos spe1Cii.:i'l I:a:r' because to do so would impose an excessive
burden on futoJteprupert:y owners.. The Specific Plan contemplates,
therefore~ that part of the cost of infrastructure will be financed through
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ITEM NO. -". 4
COPIES TO:
CITY CLERK
FILE ~
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"developer impact fees" to be adopted by the Council pursuant to AB 1600
(GoveX'DDlellt Code Sections 66000 et seq..)
AB 1600 was ena.cted by the state Legislature in 1989 and is contained in
Sect.iams 66000 et seq.. of the Government Code.. These provisions
conte8plate a two-step process prior to the imposition of impact fees on
new development. The first step is adoption of an "implementing
ordinance." The second step is adoption of a resolution setting the amount
of the fee, the type of improvements to be funded by it, and the properties
subdect to the fee.
The draft ordinance is the first step. It is an iaplementing ordinance
which, if adopted, will establish the mechanism for imposing a fee.. No
fees will be imposed by the ordinance.
The second step - adoption of a resolution setting the fees - requires a
public hearing.. It also requires that information regarding the amount of
the proposed fee be available to the public at least ten days in advance..
This information would be in the form of a study which would show the
relationship between development projects and the public improvements for
which the fee is proposed to be charged..
Fees to pay for public facilities such as park improvements, community
facilities, a library and buildout of the Civic Center necessary to
accommodate development in Eastern Dublin could be adopted by resolution
once the implementing ordinance is in place.
The adoption of a public facilities fee which is applicable to properties
within the Eastern Dublin Specific Plan area will not preclude developers
from picking and choosing from the various financing options available to
them. Developers are required to prepare Financing Plans which are to be
part of the Development Agreement. The Financing Plan is the vehicle for a
developer to propose the "mix" of financing options available to him so
that the property is not overburdened with assessments and I or special
taxes..
Government Code Section 65913..2 requires the Council to consider the effect
of an ordinance such as this with respect to the housing needs of the
region in which the City is located. The Government Code requires the City
to refrain from imposing regulations which would make housing infeasible
for any segment of the community. This ordinance would not make housing
infeasible for any segment of the community because it is necessary to
allow development to occur. This ordinance is one step in the
implementation of the Eastern Dublin Specific Plan which contemplates close
to 14,000 swelling units at buildout, and which will have a beneficial
effect on the housing needs of the region. It will help the City to meet
the ABAG projected housing need in Dublin.
Adoption of the draft ordinance is consistent with and will implement the
Eastern Dublin Specific Plan and the Parks and Recreation Master Plan. The
adoption of the draft ordinance is not subject to CEQA (Public Resources
COde Section 21080(b)(8).)
staff recommends that the City Council conduct a public hearing,
deliberate, waive the reading and INTRODUCE the ordinance.
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ORDINANCS NO. ,....._
AN ORDIBANCB OP THB CITY OP DUBL%B
ADDING C3AP'1'D 7.78 1'0 TaB
DUBLIN KttH%C%PAL COOB BSTABLISBIWS A
PUBLIC FACILITIES PIE POR J'tJ'1'tJRl
DEVELOP~>>TS WITHIN ~E2 aImy OP DUBLIN
TKB CI'l'Y cotmCIL OJ' TO CI'l'Y OJ' DUBLI>> DOSS HUBBY ORDAIN M
FOLLOWS:
Section 1.
Chap~er 7.78 is added to the Municipal Code of the city of Dublin
to reaa as follows:
"Section 7.78.010 Purpose
In order to implement the goals and objectives of ~he
City of Dublin's C"cityfl) General Plan, the Eastern
Dublin Specific Plan ~nd the Parks and Recreation
Master Plan, and to mitigate the impacts caused by
future development in the City, certain public
facilitiQs must b. const.ucted. The city Council has
determined that a public facilities fee is needed i~
oraer to finance these pUblic facilities and to pay
for each development's fair share of the constructicn
and nQquisi~ion CO~t8 of these improvements. In
establishing the tee described in the following
sections, the city counoil has found the fee to be
consistent with its General Plan and the Eastern
Dublin Specific Plan, and pursuant to Government Code
S 65913.2, has considered the effects of the fee with
respect to the city's housing needs as established in
the Housin9 Element ot the General Plan."
"secti.on 7.7S.020 PUblic Facilities Fee Established
A. A public Facilities Fee ("Fee") is hereby
established to be ~aid at ~he time of the issuanoe of
building permits for development in the city of Dublin
to pay for municipally owned public facilities.
B. The city Counoil shall, in a Council resolution
adopted after a duly notic.d public hearing, set forth
the amount of the Fee, describe the benefit and impact
area on which the Public Facilities Fee is imposed,
list the munioipally owned pUblic facilities to be
financed, describe the estimated cost of these
facilities, and describe the reasonable relationship
between the Fee and the yarious ~ypes of future
developments and set forth time for payment...
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.'Seotion 7.78.030 Use of Fee Revenues
A. The revenues raised by payment of ~e Public
Facilities Fee shall be accountGd for in the City's
Capital Project Fund. Separate and special accounts
within the Fund Shall be used to account for
revenues, alonq with any in~er.s~ earnings on such
account. These monies shall be used for the fOllowing
purposes:
(i) To pay for desiqn, e~gineerin9, right-af-way
acquisition and construction of the public facilities
designatea in the Council resolution and reasonable
costs of outside consultant studies related thereto;
(ii) To reimburse the City for designated public
facilities constructed by the City with funds (other
than gifts or grants) from other sources t0gether with
accrued interest;
(iii) To reimburse developers whQ have designed and
constructed designated public facilities which are
oversized with supplemental size, lenqth, or capacity;
and/or
(iv) To pay for and/or reimburse costs of program
development and ongoing administration of the Public
Facilitie$ Fee Program."
"Section 7.78.040 Developer Construction of Facilities
If a devaloper is required, as a condition of approval
of a permit, to construct a pUblic facility that has
been desiqnated to be finanoed with Public Facilities
Fees and if tha faoility has supplemental size,
length, or capacity over that needed for the impacts
ot the development, a rQtmburs~ent agreement with the
developer and a oredit against the Fee otherwise
levied by this ordinance on the development project
shall be offered by the City. The reimbursement
amount shall not include the portion of the
improvement needed to miti9a~. the burdens created by
the development." .
"Section 7.78.050 Adminisi:ration Guidel.ines
The City council may, by resolution, adopt
Administrative Guidelines to provide procedures for
the oaleula~ion, reimbursement, credit or deferred
payment &nd other admin1stra~ive aspects of the Public
Facilities Fee."
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seo~ion 2.
This ordinance was adopted at a ~oticed public hearing, for
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th~ calcu~ation, reimbursemQnt, credi~ or deferred
payment and other administrative aspee~s of ~he
Traffic Impact Fee."
section z.
This ordinance was adopted at a no~iced public hearinq, for
which notice was given pursuan~ ~o Government Code S 6D62a.
See~ion 3. Effective Date and ~ostinq.
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This Ordinance shall take effect and be in force ~hirty
(30) days from and after the date of its passage. The City
Clerk of the city of Dublin shall cause this ordinance to
be published or to be posted in at least three (3) public
places in City in accordance with section 36933 of the
Government Code of the State of California.
PASSED, APPROVED AND ADOPTED by the City council of
the City of Dublin on this ____ day of ~, 1994,
by vote as ~ollow6;
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK
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be heard regarding the extent of the benefit.
The assessment district is ordinarily initiated by petition of 60
percent of the property owners in the area. The types of infra.
structure and support structures that can be financed in this way
include grading, slope stabilization and slide repair, street
paving, sidewalks, street lighting, curbs and gutters, sanitary and
storm sewers, and water supply facilities (OI1Slte or offsite),
among other items. The amount of the bond issue may also
cover architectural and engineering fees as well as the cost of the
bond issue.
The public agency that institutes the district raises money by
levying special assessments against the benefiting property
owners. The assessment formula must be based on the degree to
which each property benefits, and in this regard public agendes
have traditionally considered such factors as acreage, building
size, number of units, front footage, units of water or sewer
usage, and land value.
Assessments are due either upon application for building permit
or, if bonds have been issued to finance infrastructure, annual
assessments are due along with ad valorem property taxes.
In addition to the general-purpose assessment districts autho-
rized by the 1911 and 1913 Acts, several other types of assessment
districts exist. These districts include the following: Vehicle
Parking Districts (1943 and 1951), PedestIian Mall Districts
(1960), and Landscaping and Lighting DistIicts (1972).
SB-j08 INFRASJ'RUCIVRE FINANCING DISl'RlCIS
(SEYMOUR BILL)
Recent legislation introduced by Senator Seymour and passed by
the Legislature on September 1990 authorizes counties and dties
to form infrastructure financing districts to fund public capital
facilities using a method called "tax increment" financing. .
Prior to this legislation, redevelopment agencies were the only
entities authorized to incur debt and fund capital projects from
this method of financing. Under redevelopment law (Soction 16,
Article XVI, of the California Constitution), property tax base is
frozen when a redevelopment project area is established. The tax
yields on increments in the value of taxable property is then set
aside for repayment of debt incurred to finance redevelopment
projects.
SB 308 authorizes cities and counties to use a similar method of
tax increment financing to fund infrastructure development
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. FINANCING
However, it exempts school districts from participating and
requires the cooperation of all other spocial districts affected by
the diversion of property tax. The amount of annual fiscal
surplus aa:ruing to affected districts as a result of the develop.
ment is a key factor in the negotiation process. Tax Increments
are redistributed back to affected distIicts once infrastructure
projects are paid.
The constitutionality of SB.308 Is currently being challenged.
DUBIlN DEVELOPER IMPACT FEPS
All cities estimate and program for the potential future demand
for capital improvements that serve the entire city; these items
may include wider roads, new freeway interchanges, new
community buildings, and new parks. These items are com.
manly described and scheduled in a capital improvements
program. In many growing cities, the portion of costs that can
be allocated equitably to new development is then funded
through a system of impact fees, whereby new development, at
the time of issuance of building permits, Is charged a set amount
to provide for its pro. rata share of the new infrastructure. It is
important to stress that the coordination of infrastructure
development of the scale required in eastern Dublin will probably
require the establishment of such a system of developer impact
fees.
Otherwise, for most publJc Infrastructure, Dublin currently does
not have an impact fee program in place and therefore must
fund capital improvements within the existing city boundaries
out of other revenues. The exception is that Dublin does require
residential subdividers to dedicate park land and/or pay an in.
lieu fee for acquiring park land. In the case of eastern Dublin,
the Specific Plan calls for 241.5 acres of public parks. If the City
finds the land allocated for park dedication acceptable, no in.
lieu fee would be required. If not, some or all of the estimated
$12 million in park in.lieu fees would be payable at the time of
Final Map approval for individual subdivisions.
DRFA FIRE IMPACJ' FEES
In addition to these City of Dublin impact fees, the Dougherty
Regional Fire Authority (DRFA) currently assesses a fire impact
fee for new development projects. With a current fire impact fee
set at $600 per residential development unit and $600 per 2,000
squareieet for other types of occupancies, the eastern Dublin and
Santa Rita fire impact fees would total more than $11 million.
Based on 1992 costs, the cost estimate for the fire stations
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I' e e FINANCING
I 10.4 FINANCING GOAISAND Policy 10-4: Use pay-as.you-go financing to the extent
possible. Use debt financing only when essential to
I POliCIES provide facilities necessary to permit development or
to maintain service standards.
The following goals and policies, apply to the Eastern Dublin
Specific plan area. Policy 10.5: Require development projects in the
I Specific Plan area to fund the oversizing of facilities if
required by the City, subject to reimbursement from
Goal: New development in the future developments benefiting from the oversizing.
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Specific Plan area should pay the Policy 10-6: Require developers who proceed ahead
full cost of infrastructure needed to of the infrastructure sequencing plan to pay the costs
I of extending the backbone infrastructure to their
serve the area, and should fund the project subject to future reimbursement
I costs of mitigating adverse project Policy 10.7: Require dedication ofland for road
impacts on the City's existing infra.. improvements, park and other public facilities, and
structure and services. construction of such improvements consistent with
I City-wide policies.
Policy 10-8: Provide for reimbursements from any
'I Goal: The financing plan should other benefiting areas for costs that specific Plan area
;~ owners are required to produce.
provide for reimbursements from Policy 10-9: Issue Bonds (such as Mello-- Roos and/or
I' any other benefiting areas for costs Assessment District bonds) only so long as the security
that Specific Plan area owners are for those bonds equals 300 percent (or more) of the
I reqttired to advance, and should bond value. Developers sball be required to finance
privately any infrastructure costs that would cause
provide a fair allocation of costs bond issues to fail to meet the above-stated criteria.
I among land uses. Policy 10-10: Issue Bonds (such as Mello- Roos and/
or Assessment District bonds), oo1y so long as the
Policy 10.1: Fund the full costs of the on.site and off- annual special assessment or special tax and 1.0
I percent regular property tax and existing bonded
site public infrastructure and public services required indebtedness does not exceed 2.0 percent of property
to support development in the Specific Plan area from value.
I revenues generated by development within that
Specific Plan area. These revenues may include City, 10.5 CAPnAL FINANCING
County, State, or Federal revenues generated by
I development within that Specific Plan Area. SOURCES AND BURDEN ON
Policy 10.2: Allocate the backbone infrastructure costs lAND USES
to property within the Specific Plan area based on the
I general principles of benefit received. "Backbone This section illustrates how development in eastern Dublin could
infrastructure" means public infrastructure outside of be financed in accordance with the above-described goals and
building tracts. policies. Table 10.1 (at the end of the chapter) estimates sources
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Policy 10-3: Adopt an Area of Benefit Ordinance and of funding for each of the infrastructure costs. In general, the
form an Area of Benefit for the Specific Plan area that developers will be required to pay for streets and utilities within ~
I establisbes a fair share cost allocation fot public their tracts. Note that the costs of in-tract improvements are not
improvements required to senre development of the r included In Table 10.1. In addition, developer impact fees
Specific Plan area.
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F1l:iANCING
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L already In place or established in the future by the City or special
districts will serve as a major source of financing. For example,
some school costs may be covered by AB 2926 fees, which the
builders are responsible for paying at the time building pennits
are issued. Similarly, in.lieu fees for park dedications are
payable by the developer at the time of Final Map approval.
Developers are also currently required by the Dublin San Ramon
Services District to pay for a large amount of the water treatment
and water service infrastructure costs through frei. Ye~ the;e
existing fees are not sufficient to cover all the infrastructure
costs. The City will have to consider creating a system of
developer and builder impact fees to fund remaining costs,
particularly those costs which could not be funded by one or
more Area of Benefit assessments (via either a Mello-Roos CFD or
Special Asse;sment District) due to the excessive burden the costs
would impose on future homeowners. As a general guideline,
"excessive" refers to yearly assessments (including property tax)
of more than 2.0 percent of the assessed value of the home. In
Table 10.1, it has been estimated that roughly 75 percent of the
costs of streets and mass grading would have to funded by a
system of impact fees or in.kind contributions by developers in
order to keep the Mello-Roos debt service load bearable on future
property owners.
Table 10.2 presents total infrastructure costs and development
phased over a 17-year pertod. The start of construction occurs in
1994 with near 100 percent completion during 2010. This
phasing schedule reflects WRT team discussion regarding the
sequence of development that is likely to take place in eastern
Dublin. DKS Associates (transportation consultants) and
Kennedy/]enks (water and sewer engineering consultants)
provided estimates of infrastructure costs for three phases of
development. ERA then used these cost estimates to create this
annual phasing schedule.
Table 10.3 pre;ents an analysis of the project's capacity to
support bonds issued for Infrastructure finanCing. The first
section of the table outlines the infrastructure expenditures over
time and adds in finanCing costs to arrive at estimates of annual
and cumulative bond issues. The second section compares
annual average residential debt service (the annual Special
assessment or Mello- Roos special tax) to the cumulative value of
homes sold and finished and unfinished lots. Once all the bonds
have been issued, the annual Infrastructure debt service, on
average, would equal 0.8 percent of the value of the homes and
residential lots. During the entire period of development, the
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annual Infrastructure debt service is equal or less than 1 percent,
except during 1996. The general guideline is that total annual
assessments, which include regular property taxes as welf as
special taxes or assessments, should not exceed 2.0 percent of the
value of the home. Because 1.0 percent IS already accounted for
in regular property taxei, only 1.0 percent remains available for
special taxes or Special assessments, and this proje:t's capital
infrastructure requirements would place theie homei within that
limit
The third part of the table compares the infrastructure bonds
issued year-by-year to the value of the entire property that would
be socurtty for the those bonds. The bonds are easieit to sell
when the property is worth at least three times the bond issue. ~
the last line of the table shows, this development would meet that
criteria
Table 10.4 allocates the costs borne by the Area of Benefit (Mello-
Roos CFD or Special Assessment) among the land uses proposed
in the development. Costs are apportioned according to various
factors; for instance, road costs are allocated on the basis of trips
generated by each land use, and school development costs are
allocated on the basis of average number of children per unit.
Severa1lines in the middle of the table indicate the total capital
cost per housing unit (or per 1,000 square feet of non-residential
development), the proportion of total value this amount
represents, the estimated yearly assessment each unit would have
to pay to retire bonds sold, and the proportion of the unit's
market value represented by that yearly assessment.
The generally accepted standard is that total annual assessments
(ad-valorem property taxes plus Mello-Roos or other assess-
ments) should be less than two percent of property value. Since
one percent is already accounted for in the ad.valorem property
tax, the assessments should not exceed one percent. Note that in
Table 10.4 all of the residential and commercial units would
have annual assessments.equal or below one percent. In short,
this finanCing plan would spread the debt burden amongst the
various land uses without placing any undue burden on anyone
land use.
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AC110N PROGRAM: FINANCING
The City of Dublin should take the following actions to carry out the
fin~jng policies of the Specific Plan.
· Development Agreement Por each property in the Planning Area,
prepare and adopt a development agreement that speUs out the
precise financial responsibilities of the developer.
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. Area o/Benefit Ordinance. Adopt an Area o/Benefit Ordinance
and form an Area of Benefit for those properties benefiting/rom
construction of public improvements dtscribed in the specifIC
Plan.
. Special AsSessment District or MeOo-ROOS CFD. Create (!fie or
more Me/JJJ-Roos CFD or Special Assessment DistriclS to finance
construction of the infrastructure (outlined in Tahle 10.1) to
serve the Area of Benefit. Same of the special raxes or special
assessments may he due upon application for building permits,
and the remainder may be financed with the appropriate bond
mechanismS.
. Marks.Roos Bend pooling. Have bond counsel evaluate whether
the City UJOuld save money and refrain from incurring undue
risk by pooling bonds issued for eastern and western Dublin, or
for eastern Dublin alone, under the Marks.Roos Bond pooling
Act.
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. City-wide Developer and Builder hnpad Fee SystemS. Anaryze
city. wide infrastructure needs to assess the usefulness of
implementing an impal:t fee program, in complillnce with All
1600, that could draw same funding from new develtJptnent
when final map or fJuilding permits are issued. The fees could
pay for infrastructure of city-wide importance, such as
downtown infrastructure or new arterial streets through eastern
Dublin.
. Actions needed by other agencies include:
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. school hnpact Fees. The City and the School District should
coordinate efforts to fund necessary school fad/ities and colkct
payable fees.
. Highway Interchange Funding. The City and CalTrans should
coordinate efforts to fund necessary freeway imprawments and
collect developers' share of costs.
.. Utilities Impal:t Fees. The City, Dublin San Ramon SmJice$
District and ZtJne 7 sbouJd coordinate efforts to fund utilities
services and coOect developers' share of costs.
. Banding Capacity. The City of Dublin and its bond counsel will
coordinate with all affected agencies to develDp a method of
financing infrastructure that wiOfairly apportion the assess-
ment burden among the agencies expected to provide services,
and not allow the bonding capacity to be maximized by any one
agency or infrastructure need.
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FINANCING
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11.3.2 AREA OF BENEFIT ORDINANCE
The City shall adopt an Area of Benefit Ordinance and form an
Area of Benefit for those properties benefiting from construction
of public improvements described in the SpecifiC plan. Area of
Benefit fees may be enacted by the City of Dublin through
adoption of an ordinance, without voter approval. The fee must
be directly related to the benefit received. It does not create a lien
against property, but must be paid in full as a condition of
approval. Benefiting properties may be given the option to
finance the fees by entering into an assessment district (1913-
1911 Act) or Mello-Roos CFD.
11.3.3 ANALYSIS OF FINANCING
TECHNIQUES
Further analysis of various public financing techniques is
required to identify and develop the most flexible and lowest cost
financing program for necessary public infrastructUre and
facilities in the project area. Each technique or combination of
techniques should be evaluated for its suitability of funding
public infrastructure and facilities costs and its capacity to insUre
both adequate and timely provision of infrastructure and
facilities, and lowest possible burden to new residents. In
addition, the financing program developed should be consistent
with financing policies set out ip the Specific Plan. Public
financing mechanisms that the City should consider as part of
this analysis may include:
. Special Assessment District or Mello-Roos eFD. The City
shall analyze the use of a Mello- Roos CFD, Special
Assessment District, or a combination of these and other
financing mechanisms to finance construction of the
required public improvements (outlined in Tables 10-1
and 10-4 in Chapter 10) to serve the Area of Benefit. Some
of the special taXes or special assessments may be due
upon application for building pennits, and the remainder
may be financed with the appropriate bond mechanisms.
. Landscapine and Lightin~ District. The City shall analyze
the use of a district to fund certain ongoing costs such as
maintenance of street lights and landscaping.
. yeologic Hazards Abatement DistMct (GHAm. The City
shall analyze use of a GRAD to periodically inspect and
maintain unstable slopes in the eastern Dublin area. A
GHAD would provide for the assessment of a special fee on
property owners in the area to pay for inspections an~
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IMPLEMENTATION
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maintenance as well as create a reserve fund from which
to make any necessary repairs.
11.3.4 MARKS-ROOS BOND POOLING
The City should have impartial bond counsel evaluate whether
the City would save money and refrain from incurring undue
risk by pooling bonds issued for western and eastern Dublin, or
for eastern Dublin alone, under the Marks-Roos Bond pooling
Act.
11. 3.5 CITYWIDE BUILDER IMPACT FEE
SYSTEM
Citywide infrastructure needs should be analyzed to assess the
usefulness of implementing an impact fee program, in compli-
ance with AB 1600, that could draw some fundino from new
o
development when building permits are issued. The fees could
pay for infrastructure of citywide importance, such as a commt
nity park or freeway interchange.
11.3.6 RESPONSIBlllTIES FOR OTHER
IMPLEMENTING ACTIONS
Table 11-3
RESPONSmIIlTIES FOR OTHER IMPLEMENTING
ACTIONS
Responsibility
for Document
Other Tmplementini Actions Prepara tion Ado~tion By
Development Agreements
. Master Development Agreement City not applicable
. Individual Development Agreements Developm City
Area of Benefit Ordinance Developers City
Special Assessment District or
Mello-RoosCFD Developer> City
Landscaping and Lighting District Developer> City
Geologic Hamds Abatement District Developell City
Marks.Roos Bond Pooling City City
CityWide Builder Impact Fee System City City
SOURCE: Wallace RoberlS & Todd, March 1992
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GOVERNMENT CODE
~ 65913.2
CHAPTER 4.2
HOUSING DEVELOPMENT APPROVALS
Section
65913.4. Repealed.
65913.5. Density bonus for developer of housing
within one-half mile of mass transit
guideway station.
Section
65913.8. Public capital facility improvement relat-
ed to development project; prohibition
of fee or other payment including
amount for maintenance and operation
as condition for approval; exceptions.
~ 65913. Legislative fmdings and declarations
(a) The Legislature finds and declares that there exists a severe shortage of affordable housing,
especially for persons and families of low and moderate income, and that there is an immediate need to
encourage the development of new housing, not only through the provision of financial assistance, but also
through changes in law designed to do all of the following:
(1) ~xpedite the local and state residential development process * * *:
(2) Assure that local governments zone sufficient land at densities high enough for production of
affordable housing.
(3) Assure that local g-overnments make a dilig-ent effort through the administration of land use and
development controls and the provision of reguI3.tory concessions and incentives to significantly reduce
housing development costs and thereby facilitate the development of affordable housing', including
housing for elderly persons and families, as defined by Section 50067 of the Health and Safety Code.
These chan es in the law are consistent with the res nsibili of local vernment to ado t the
program required by subdivision (c) of ection 65583.
(b) The Legislature further finds and declares that the costs of new housing developments have been
increased, in part, by the existing permit process and by existing land use regulations and that vitally
needed housing developments have been halted or rendered infeasIble despite the benefits to the public
health, safety, and welfare of those developments and despite the absence of adverse environmental
impacts. It is, therefore, necessary to enact this chapter and to amend existing statutes which govern
housing development so as to provide greater encouragement for local and state governments to approve
needed and sound housing developments.
(Amended by Stats.1985, c. 1117, ~ 1.)
Law Review Commentaries
Growth control by the ballot box: California's experi-
ence. Daniel J. Curtin, Jr. and M. Thomas Jacobson, 24
Loy.L.A. L.Rev. 1073 (1991).
~ 65913.2. Limitations on local government regulation of subdivisions
In exercising its authority to regulate subdivisions under Division 2 (commencing with Section 66410), a
city, county, or city and county shall:
(a) Refrain from imposing criteria for design, as defined in Section 66418, or improvements, as defined
in Section 66419, for the purpose of rendering infeasible the development of housing for any and all
economic segments of the community. However, nothing in this section shall be construed to enlarge or
diminish the authority of a city, county, or city and county under other provisions of law to permit a
. developer to construct such housing.
(. (b) Consider the effect of ordinances adopted and actions taken by it with respect to the housing needs
. of the region in which the local jurisdiction is situated.
(c) Refrain from imposing- standards and criteria for public improvements including-, but not limited to,
streets, sewers, fire stations, schools, or parks, which exceed the standards and criteria being- applied by
the city, county, or city and county at that time to its publicly financed improvements located in similarly
zoned districts within that city, county, or city and county.
(Amended by Stats.1983, c. 367, ~ 1.)
Additions or changes Indicated by underline; deletions by aste!isks * * *
93 Cal Code 1994 P.P.-2 31 f
3
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