HomeMy WebLinkAbout6.1 AreaOfBenefitOrd
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 24, 1994
SUBJECT:
Area of Benefit Ordinance
(Prepared by: Elizabeth H. Silver, City Attorney)
1. / Draft Ordinance
2. /j.;overnment Code Section 66484
3. ~Eastern Dublin Specific Plan, Section 10.3.1
(pages 147-150); policy 10-3 (page 151);
Section 11.3.2 (page 165)
4.~Outline of steps necessary to adopt area of
benefit and establish area of benefit fee
EXHIBITS ATTACHED:
RECOMMENDATION~
1 .
2.
3.
4.
Open public hearing
Receive Staff report and Public Comment
Close public hearing and deliberate
Waive reading and ADOPT Area of Benefit Ordinance.
FINANCIAL STATEMENT:
The cost of preparing the Area of Benefit
Ordinance can be recovered from property owners
applying for approval of development in Eastern
Dublin.
DESCRIPTION: This is the second reading of an ordinance which was
introduced at the October 10, 1994 Council meeting.
The Eastern Dublin Specific Plan was adopted in 1993. The Plan includes
financing goals including a goal that new development in the Specific Plan
should pay the full cost of infrastructure needed to serve the area. The
Plan identifies a number of ways that new development can pay for the cost
of infrastructure. One way is for the developer to front the cost of
infrastructure and then include the cost in the price of homes or in lease
rates, in the case of commercial development. However, the Plan notes that
not all developers will be able to front the cost of infrastructure. The
Plan identifies several means that the State Legislature has devised to
assist developers in obtaining the financing to pay for the infrastructure.
These include:
. Mello-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 recei ves "tax increment" property tax monies to
finance designated public facilities
. Developer Impact Fees which are established pursuant to Government
COde Section 66000 et. seq. (AB 1600) for infrastructure such as
streets, parks and community buildings
. Fi~e I~act ~ees which are established by the Dougherty Regional Fire
Author! ty to fund t.he cost of new fire stations
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ITEM NO. .6.1.
COPIES TO:
CITY CLERK
FILE ~
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. School Impact Fees which are established by the school districts
. Sewer and Water Connection Fees which are established and charged by
the Dublin San Ramon Services District and Zone 7
Policy 10-3 of the Specific Plan calls for the adoption of an "Area of
Benefit" Ordinance as gng means to carry out the financing goals and
policies of the Specific Plan. An "area of benefit" ordinance is an
implementing or enabling ordinance authorized by Government Code Section
66484 which is part of the State Subdivision Map Act. Section 66484
authorizes an "area of benefit" as a means of spreading the cost of
constructing major thoroughfares and bridges among the properties benefited
from them.
Once an implementing ordinance is adopted, the authority is in place to
establish an actual "area of benefit" and an area of benefit fee. The
draft ordinance speCifies the procedure for establishing an area of benefit
[see Section 9.16.120(E)] which requires a noticed public hearing prior to
adoption of a resolution establishing the area of benefit and the fee.
Property owners may protest the formation of an area of benefit and, if
one-half the property owners protest, the proceedings must be abandoned
[see Section 9.16.120 (H)].
Once an area of benefit fee is adopted by resolution, the draft ordinance
requires payment of the fee prior to filing a final map or, if no final map
is required, prior to issuance of a building permit [see Section
9.16.120(C)] .
The process to form an area of benefit and area of benefit fee is shown in
outline form on Exhibit 4.
An area of benefit fee can be used in conjunction with the other financing
devices described above. For example, if a developer or developers do not
wish to pay the area of benefit fee at the time of filing a final map, the
developers can petition the City to form an assessment district. The
assessment district will enable the developers to defer payment over the
period of time of the assessment bonds (typically 15 to 20 years). Like an
area of benefit, an assessment district cannot be formed if there is a 50%
protest.
For example, the 1913 Act provides that the proceedings shall be terminated
if protests are filed by the owners of more than one-half of the area of
the land to be assessed although the legislative body can overrule the
protests by a four-fifths vote. [Streets and Highways Code Section 10311]
Another financing device which can be used in conjunction with an area of
benefit fee is a Mello-Roos special tax. A developer may petition the City
to create a Mello-Roos Community Facilities District to fund the cost of
infrastructure, rather than paying area of benefit fee at the time of
filing a final map. A special tax would then be levied on the property
which would be collected annually with property taxes.
In either of the above two situations, the assessment or the special tax
could be found to be "consideration in lieu of payment" of the area of
benefit fee pursuant to Section 9.16.120 D of the proposed Ordinance.
Adoption of the draft "area of benefit" ordinance is consistent with and
will implement the Specific Plan. The adoption of the draft ordinance is
not subject to CEQA.
Staff recommends that the I City Council conduct a public hearing,
deliberate, waive the reading and ADOPT the Area of Benefit Ordinance.
a:1024area.agenda#15
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C:ITY OP DUBL:IN
ordinance No. -94
AN ORD:IHAHCE ADD:ING SECT:ION 9.16.120
TO CHAPTER 9.16 OP THE DUBLIN
K1JHICIPAL CODE RELATING TO
SUBD:IVIS:IONS TO AREAS OP BENEPIT
The city council of the city of Dublin does ordain as follows:
sec~ion 1 section 9.16.120 is added to Chapter 9.16 of the
Dublin Municipal Code to read as follows:
Sec. 9.16.120
Bridqes and Maior Thorouqhfares.
A. Purpose. The purpose of this section is to make
provisions for assessing and cOllecting fees as a condition of
approval of a final map or as a condition of issuing a building
permit for the purpose of defraying the actual or estimated cost
of constructing bridges or major thoroughfares pursuant to section
66484 of the Subdivision Map Act, and in order to implement the
circulation and Scenic Highways Element of the General Plan and,
in the case of bridges, the transportation provisions thereof, and
to implement adopted specific plans including the Eastern Dublin
Specific Plan.
B. Definitions. For the purposes of this section,
the following words and phrases shall have the fOllowing meanings:
(1) "Construction" shall mean design, acquisition
of right-of-way, administration of construction contracts, actual
construction and inspections.
(2) "Major thoroughfare" shall mean a roadway as
shown in the Circulation and Scenic Highway Element of the General
Plan whose primary purpose is to carry through traffic and provide
a network connecting to the state highway system.
c. PaYment of Fees Generallv.
(1) Prior to filing a final map which includes land
within an area of benefit established pursuant to this Subsection
C, the subdivider shall payor cause to be paid any fees
established and apportioned to such property pursuant to this
section and any resolution adopted pursuant to this section for the
purpose of defraying the actual or estimated cost of constructing
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EXHIBIT I
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bridges over waterways, railways, freeways or canyons and/or
constructing major thoroughfares.
(2) Prior to the issuance of a building permit for
construction on any property within an area of benefit established
pursuant to this section, the applicant for such permit shall pay
or cause to be paid any fees established and apportioned pursuant
to this section for the purpose of defraying the actual or
estimated cost of constructing bridges over waterways, railways,
freeways or canyons or constructing major thoroughfares, unless
such fees have been paid pursuant to subsection (C) (1) of this
section.
(3) Notwithstanding the provisions of subsections
(C) (1) and (C) (2) of this section:
(a) Payment of bridge fees shall not be
required unless the planned bridge facility is an original bridge
serving the area or an addition to any existing bridge facility
serving the area at the time of adoption of the boundaries of the
area of benefit.
(b) payment of major thoroughfare fees shall
not be required unless the major thoroughfares are in addition to,
or a reconstruction of, any existing major thoroughfares serving
the area at the time of the adoption of the area of benefit.
D. Consideration in Lieu of Fees. Upon application by
the subdivider or applicant for a building permit, the city council
may accept consideration in lieu of the payment of fees required
pursuant to this section; provided that the city Council first
finds, upon recommendation of the Public Works Director, that the
substitute consideration has a value equal to or greater than the
fee; and provided further that the substitute consideration is in
a form acceptable to the city Council.
E. Public Hearina. Prior to establishing an area of
benefit, a public hearing shall be held by the city Council at
which time the boundaries of the area of benefit, the costs,
whether actual or estimated, and a fair method of allocation of
costs to the area of benefit and fee apportionment, and the fee to
be collected, shall be established. Notice of the public hearing
shall be given pursuant to Government Code Section 65091 and shall
include preliminary information related to the boundaries of the
area of benefit, estimated cost and the. method of fee
apportionment. The area of benefit may include land or
improvements in addition to the land or improvements which are the
subject of any map or building permit application considered at
the public hearing.
F. Amount. The amount of the fees and the areas of
benefit established pursuant to this section may be established by
resolution.
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G. Exemptions. Notwi thstanding the provl.sl.ons of
subsection (F), the Council may provide an exemption from payment
of such fees in the resolution establishing the area of benefit
and amount of fees.
H. Protest.
(1) At any time not later than the hour set for
hearing objections to the proposed bridge facility and/or major
thoroughfare, any owner of property to be benefited by the
improvement may file a protest against the proposed bridge facility
or maj or thoroughfare or against the extent of the area to be
benefited by the improvements or against both of them. Such
protests must be in writing and must contain a description of the
property in which each signer thereof is interested, sufficient to
identify such property, and, if the signers are not shown on the
last equalized assessment roll as the owners of such property, must
contain or be accompanied by written evidence that such signers are
the owners of such property. All such protests shall be delivered
to the City Clerk no later than 5:00 p.m. on the day of the public
hearing and no other protest or objections shall be considered.
Any protests may be withdrawn, in writing, by the owners making
such protests, at any time prior to the conclusion of the public
hearing.
(2) If there is a written protest filed with the
city Clerk by the owners of more than one-half (\) of the area of
the property to be benefited by the improvement, and sufficient
protests are not withdrawn so as to reduce the area represented to
less than one-half (\) of that to be benefited, then the proposed
proceedings shall be abandoned and the city council shall not, for
one (1) year from the filing of that written protest, commence or
carry on any proceedings for the same improvement, or that portion
thereof so protested against, under the provisions of this section.
I. Funds. Fees paid pursuant to this section shall be
deposited into the City'S capital Projects Fund. A separate
account within such Fund shall be established for each bridge
facility project or each major thoroughfare project. Money in such
accounts shall be expended solely for the construction or
reimbursement for construction of the improvement serving the area
to be benefited and from which the fees comprising the account were
collected, or to reimburse the local agency for the cost of
constructing the improvement. .
section 2. Effective Date and postina of Ordinance
This Ordinance shall take effect and be in force thirty (30)
days from and after the date of its passage. The City Clerk of
the city of Dublin shall cause this Ordinance to be posted in at
least three (3) public places in the city of Dublin in accordance
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with Section 36933 of the Government Code of the state of
California.
PASSED AND ADOPTED by the city Council of the city of Dublin
on this day of , 1994, by the following vote:
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
city Clerk
U4\0RD\su1X!vD.0l.'d
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~ 66483
GOVERNMENT cor
A 66483. Cost of drainage and sewer facilities; conditions
Law Review Commentaries
The legality of California development fees. 13 Pepper- Validity of local taxation powe~ within a state reguL
dine L.Rev. 759 (1986). ed field: Pines v. City of Santa Monica. (1982) 9 Pepp'
dine L.Rev. 734. .
Ordlnances 2
Notes of Decisions
pollee powera regulating the division of land: however, L
requirementa of the statute need not be followed whr.
enacting a drainage fee ordinance under some other poli
powers authority or taxation powers. 66 Ops.Atty.G;,
120, ~1-83.
2. Ordinances
A city must comply with the requirementa of this
section when enacting a drainage fee ordinance under ita
A 66483.1. Detennination of amount of surplus, disposition
Notes of Decisions
1. In general age area ia to be the basis of the calculation. 66. Ops.Att:
In calculating the maximum possible drainage fee under Gan. 120, ~1-83.
the provisions of i 66483, the total acreage in the drain-
t 66483.2. Refwld of surplus
Notes of Decisions
1. In general age area ia to be the basis of the calculation. 66 Ops.Att;
In calculating the maximum possible drainage fee under Cen. 120, ~1-83.
the provisions of i 66483, the total acreage in the drain-
A 66484. Cost of bridges or major thoroughfares; conditions
(a) A local ordinance may require the payment of a fee as a condition of approval of a final map or as
condition of issuing a building pennit for purposes of defraying the actual or estimated eost (
constructing bridges over waterways, railways, freeways, and canyons, or constructing major thorougl
fares. The ordinance may require payment of fees pursuant ro this section if all of the followin
requirementa are satisfied:
(I) The ordinance refers ro the circulation element of the general plan and, in the case of bridges, t
the transportation or flood control provisions thereof which identify railways, freeways, stream5, 0
canyons for which bridge crossings are required on the general plan or local roads and i\l the case 0
major thoroughfares, ro the provisions of the circulation element which identify those major thorough
fares whose primary purpose is ro C81TY through traffic and provide a network connecting ro the stat
highway system, It the circulation element, transportation or flood control provisions have been adopte
by the local agency 30 days prior ro the filing of a map or app~ca~on for a building pennit
(2) The ordinance provides that there will be a public hearing held by the governing body for each are:
benefited. Notice shall be given pursuant ro Section 65091 and shall include preliminary infonnatiOl
related ro the boundaries of the area of benefit, estimated cost, and the method of fee apportionment
The area of benefit may include land or improvements in addition to the land or improvementa which ar
the subject of any map or building pennit application considered at the proceedings. .
(3) The ordinance provides that at the public hearing, the boundaries of the area of benefit, the cost
whether actual or estimated, and a fair method of allocation of costa ro the area of benefit and fe.
apportionment are established. The method of fee apportionment, in the case of major thoroughfare~
shall not provide for higher fees on land which abuta the proposed improvement except where th
abutting property is provided direct usable access ro the major thoroughfare. A description of th,
boundaries of the area of benefit, the costs, whether actual or estimated, and the method of fe'
apportionment established at the hearing shall be incorporated in a resolution of the governing body, i
certified copy of which shall be recorded bl' the governing body conducting the hearing with the recorde:
of the county in which the area of benefit is located. The apportioned fees shall be applicable ro a:
property within the area of benefit and shall be payable as a condition of approval of a final map or as
condition of issuing a building pennit for the property or portions of the property. Where the area 0
behefit includes Ianda not subject ro the payment of fees pursuant ro this section, the governing agene;
Additions or changes Indicated by underline; deletIons by asterisks * * *
148
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GOVERNMENT CODE
~ 66484
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~ 66484
GOVERNMENT CODE
(k) Nothing in this section . precludes a county or city from providing funds for the constroction of
briage facilities or major thoroughfares to defray costs not allocated to the area of benefit.
(Amended by Stats,1984, c. 1009, ~ 35; Stats.1988, c. 1408, ~ 9.)
Historical and Statutory Notes
"The Legislature finds and declares that unique cireunI.
stances exist in the unincorporated area of San Diego
County which require a different definition of 'consU'Uc-
tlon' in Section 66484 of the Government Code amended
by Section 9 of this act and that a general statute cannot
be made applicable within the meaning of Seetlon 16 of
Article IV of the California Constitution."
1984 Legislation
Legislative intent relating to Stata.1984, c. 1009, see
note under Educ.C. f 39002.
1988 Legislation
Section 13 of Stata.I988, e. 1408, provides:
I 66484.3. Orange County; fees as condition for defrayment of costs of bridge and thoroughfare
construction; ordInances
(a) Notwithstanding Section 53077.5, the Board of Supervisors of the County of Orange and the city
cOWlcil or cOWlcils of any city or cities in that county may, by ordinance, require the payment of a fee as a
condition of approval of a final map or as a condition of issuing a building pennit for purposes of
defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways, and
canyons, or constructing major thoroughfares.
(b) The local ordinance may require payment of fees pursuant to this section if:
(1) The ordinance refers to the circulation element of the general plan and, in the ease of bridges, to
the transportation provisions or flood control provisions of the general plan which identify railways,
freeways, streams, or canyons for which bridge crossings are required on the general plan or local roads,
and in the case of major thoroughfares, to the provisions of the circulation element which identify those
major thoroughfares whose primary purpose is to carry through traffic and provide a network connecting
'to or which is part of the state highway system, and the circulation element, transportation provisions, or
flood control provisions have been adopted by the local agency 30 days prior to the filing of a map or
application for a building pennit. Bridges which are part of a major thoroughfare need not be separately
identified in the transportation or flood control provisions of the general plan.
(2) The ordinance provides that there will be a public hearing held by the governing body for each area
benefited. Notice shall be given pursuant to Section 65905. In addition to the requirements of Section
65905, the notice shall contain preliminary information related to the boundaries of the area of benefit,
estimated cost, and the method of fee apportionment. The area of benefit may include land or
improvements in addition to the land or improvements which are the subject of any map or building
permit application considered at the proceedings.
(3) The ordinance provides that at the public hearing, the boundaries of the area of benefit, the costs,
whether actual or estimated, and a fair method of allocation of costs to the area of benefit and fee
apportionment are established. The method of fee apportionment, in the case of major thoroughfares,
shall not provide for higher fees on land which abuts the proposed improvement except where the
abutting property Is provided direct usable access to the major thoroughfare. A description of the
boWldaries of the area of benefit, the costs, whether actual or estimated, and the method of fee
apportionment established at the hearing shall be incorporated in a resolution of the governing body, a
certified copy of which shall be recorded by the governing body conducting the hearing with the recorder
of the County of Orange. The resolution may subsequently be modified in any respect by the governing
body. Modifications shall be adopted in the same manner as the original resolution, except that the
resolution of a ci or CoWl which has entered into a 'oint exercise of owers a ement ursuant to
sub 'vision (0, reIatin to constructin brid es over waterwa s, r . wa ,freewa an can ons or
constroctin ma'or thorou ares the 'oint owers a enc ma be modified b the 'oint owers
followin ub 'c notice an a u lic earin if the 'oint owers en com lied with all
ca e aws inclu a ter 5 (commencin wi ection 66000) 0 ivision 1. Any m 'cation
e su ~ect to e protest proce ures prescribe y paragrap (6), e reso ution may provide for
automatic periodic adjustment of fees based upon the California Construction Cost Index prepared and
published by the Department of Transportation, without further action of the governing body, including,
but not limited to. public notice or hearing. The apportioned fees shall be applicable to all property
within the area of benefit and shall be payuble as a condition of approval of a final map or as a condition
of issuing a building pennit for any of the property or portions of the property. Where the area of
benefit includes lands not subject to the payment of fees pursuant to this section, the governing body
shall make provision for payment of the share of improvement costs apportioned to those lands from
other sources, but those sources need not be identified at the time of the adoption of the resolution.
Additions or changes Indicated by underllnej deletions by asterisks · **
150
GOVERNMENT CODE
(4) The ordinance provides that payment,
are in addition to, or a reconstruction or WH
at the time of the adoption of the bOWldan<
(5) The ordinance provides that payment (
is an original bridge serving the ~a or an :
tim of the adoption of the boundanes of the
not \e expended to reimburse the cost ~f
incurred in connection with the ~onstructiOI
required. -'. .'
. (6) The ordinance provides th~t if, Wlthi:
th is a written protest, filed Wlth the cler
of:e area of the property to be benefited l
so as to reduce the area represented to I(
din= shall be abandoned. and the It
procee ..~ .
written protest, commence or carry on an)'
this section, unless the protests are overru1.
Nothing in this section shall precl~de the
provisions of this division if proceedm~ :
. Any protests may be withdrawn in wntin
conclusion of a public hearing held pursua:
If any majority protest is directe,d ag
roceedings under the provisions of. this see
p . st shall be barred for a penod of c
agam . g n"'"' proceedings not includil
commencm "" 'all
ainst. Nothing in this section sh pr
ag . g and ".......,;ng on new proceec
commencm .......-. affj'
rotested against if it finds, by the mna
~ one-half of the area of the property to
the improvement or acquisition.
If the provisiOns of this paragra?h (6).
ordinance adopted pursuant to this sect
provisions of this section or of ~e ordinan
the invalid provision. and to this end the 1
thereto are severable.
(c) Fees paid pursuant to an ordinance
bridge facility or major thoroughfare {un(
project or each planned major, thoro~g~,
bridge or major thoroughfare IS requn:e
the bridge or major thoroughfare project
subdivision (~). moneys in the fund s?all
construction of the improvem~nt servmg 1
fund 'fere collected. or to rellllburse the
(d) An ordinance adopted pursuant to
lieu of the payment of fees.
(e) The county or a city imposing fee"
fund or road fund to pay the cost of con~
or road fund from planned bridge facl:
constroction of the improvements.
(0 The COWlty or a city imposing .
indebtedness for the construction of bI
repayment of the in?ebte~ness shall be r
A citY or COWlty unposmg fees ?~\
agreements with other local agenCIeS ill
th . . tly exercising as a duly autr.
o ers, Jom . f er<
those through a joint exerCIse 0 pow :
with Section 31100) of Division 17 of t.
bridge facilities and major thoroughfare
ing Section 31200 of the S~ee~ and
eminent domain, any franchISe, nghts, I
personal, necessary therefor on segmen
Additions or changes Ind
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10.0
FINANCING
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10.1 INTRODUCTION
The two primary purposes of this financing plan are 1) to show
how the mal or infrastructure costs of new eastern Dublin
development will be financed and 2) to show that measures have
been taken to ensure that new development will not drain
exiSting City resources.
10.2 FINANCING
CONSIDERATIONS
Development of esstem Dublin is expected to require approxi-
mately $532 million in infrastructure development and in-lieu
fees prior to construction of new homes. Of this total, approxi-
mately $136 million represents the cost of streets, highway
interchanges and mass grading; $235 million will be required
for onsite and offsite water and sewage treatment and storage
facilities; nearly $160 million will be for public building; and
parks including police and fire stations, schools, other public
buildings, park development, and park and school impact fees.
Contingency factors are included in the cost estimates.
The residents and businesses of eastern Dublin will require the
usual public services from the City of Dublin: police and fire
protection, recreational services, road maintenance, community
development services, and general government The City pays for
these services to both existing and future residents out of -
revenues (property taxes, sales taxes, state-allocated revenues,
and other revenues) to the General Fund and other city funds, A
detailed fiscal analysis was perfonned in earlier phases of the
planning for this development proposal; this analysis indicates
that, after several initial years of shortfalls, the project will
provide more revenues than it will require in expenditures for
public services. Based on a 20-year analysis of cash flows,
eastern Dublin would not be a fiscal drain on the existing City of
Dublin.
In addition, there may be some ongoing maintenance costs
associated with the new development that are not typical of the
current expenditure patterns of the City of Dublin. These may
include maintenance of the landscaping along public rights of
way; preventive maintenance associated with slide-prone soils;
maintenance and fire hazard reduction associated with open
space surrounding the developed areas; and maintenance of
small parks within specific subdivisions.
The development schedule for eastern Dublin calls for the area to
be annexed to Dublin in 1993. For the first phase, the major
infrastructure and public facility construction would conunence
in 1994 and would be substantially complete by 1995, when
construction would begin on housing products. Based on
projections, the earliest that the first residents would occupy
homes would be in 1996. It is projected that housing units
initially will be absorbed at a ntte of about 300 per year, with
absorption increasing to about 1,000 units per year during the
peak years.
10.3 SOURCES OF FINANCING
10,3.1 CAPITAL IMPROVEMENTS
DUBLIN GENERAL FUND
Although public improvements in Dublin in the past have been
financed partly through the General Fund, it is City policy that
no General Fund monies will be used to provide infrastructure to
new development.
DEVELOPER 'S RESPONSIBILl1Y
Given the lack of City funding, responsibility to provide capital
improvements falls to the developer. In general, developers
provide items like streets, sewers, and parks in order to make
habitable the houses that they will build and sell. Developers
typically front the cost of the infrastructure and then include
these costs in the price of the homes sold.
However, on proj~ts of the scale of eastern Dublin, the capital
requirements may be so great as to make development impos-
sible if the full burden falls on the developers in advance of any
sales. In order to enable developers to construct new projects, the
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FINANCING
California Legislature has devised several means to assist
developers in obtaining financing for public improvements and
not be required to pay the costs up front. The most important of
these methods are outlined below.
MELLO~ROOS COMMUNlIY FACILfflES DIS1RlCF
(CFD)
Since 1982, cities, counties, school districts, and special districts
have been able to create a separate district, called a Mello-.Roas
Community Facilities District (CFD), to finance
. certain public facilities on a pay~as-you-go basis or
through the sale of bonds;
. certain public services on a pay-as-you-go basis;
. or any combination of the above.
The public agency that sponsors the CPO may raise money to
provide these services and facilities by levying a special tax
throughout the district.
After the public agency proposes a 00, the district is approved
either by a two-thirds vote of the registered voters living in the
area, or, if fewer than twelve registered voters live in the area, by
a two-thirds vote of landovmers in the area, with votes appor-
tioned according to acreage. When the goal is to provide
infrastructure financing for proposed development on largely
undeveloped land, it is usually quite simple to obtain the
necessary votes of the landowners.
A CFD may provide for the plarming, design, purchase, construc-
tion, expansion or rehabilitation of any real or other tangible
property with an estimated useful life of at least five years.
Examples of these facilities include parks, schools, and libraries.
The facilities need not be located within the district (for example,
in the case of a central library).
A CFD may also provide services such as police prote:tion, fire
protection and suppression, ambulance and paramedic services,
recreation and library services, maintenance of parks and open
space, flood protection, and storm drainage system operation
and maintenance. However, these services may be provided only
to the extent that the level of service is in addition to that
provided in the district's territory prior to creation of the district
and these services may not supplant those services already
available within that territory.
Bonds issued by a Mello- Roos CFD are called special tax bonds
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because they are secured by and payable from the annual special
tax levied on the district by the local agency. The tax fonnula
need not be based on the degree of benefit that each parcel will
receive from the improvements, but it must be based on a
fonnula that the local legislative body finds to be reasonable.
Under no circumstances are the general funds of the public ,
agency (the city or school district) obligated to pay debt semce
on the special tax bonds.
If the special tax is levied against real property, the tax is usually
paid along with the regular property tax. If payment is not
made, delinquent charges are assessed and the property is
eventually sold to collect the taxes.
MARKS-ROOS BOND POOLING
Marks-Roos bonds are essentially a bond pool made up the other
bonds that a dty has issued or plans to issue. They were created
in 1985 to save cities some of the administrative costs of tracking
the disbursements from bond sales proceeds and repayments
from individual bond issues, and to hedge against future interest
rate increases. The funds from the bond sales must be disbursed
(lent to developers to create infrastructure) within three years of
the issue date and are repayable within a 30-year term. Some
cities in California have gotten into trouble recently by overesti-
mating the demand for the infrastructure funds and creating a
bond issue too large to be spent within the three-year limi~l
those cities will have to repay the bond issue, including interest
and undeIWrtting fees, when the three-year disbursement term
expires.
SPECIAL ASSESSMENl DISlRICTS
The 1911 ImprovemffitAct, 1913 Municipal Improvement Act,
and the 1915 Improvement Bond Act provide that public
agencies may fonn a spetial assessment district to pay for needed
infrastructure either on a pay-as-you-go basis or via bond
funding if
. the money is used for a public purpose that will benefit a
limitEd area of land;
. the assessmffit on land parcels is proportional to the
benefit received; and
. the owners of the a$e5Sed land are given an opportunity to
I Charlone-Anne Lucas. "Munidpal Bond Deals Threatening California
Towns," San Francisco Examiner. May 19,1991, Section A, p.l.
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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 (onsite 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 fonnula must be based on the degree to
which each property benefits, and in this regard public agencies
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 bOOding pennit
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-
rtzed by the 1911 and 1913 Acts, several other types of assessment
districts exiSt. These districts include the follOwing: Vehicle
Parking Districts (1943 and 1951), pedestrian Mall Districts
(1960), and Landscaping and Lighting Districts (1972).
SB-308 INFRASFRUCfURE FINANCING DISFRICIS
(SEYMOUR BILL)
Recent legislation introduced by senator Seymour and passed by
the Legislature on September 1990 authorizes counties and cities
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 (Section 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.
sa 308 authorizes cities and counties to use a sirililar method of
tax increment financing to fund infrastructure development.
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FINANCL.'lG
However, it exempts school districts from participating and
requires the cooperation of all other special districts affected by
the diversion of property tax. The amount of annual fiscal
surplus accruing to affec100 districts as a result of the develop-
ment is a key factor in the negotiation process. Tax increments
are redistributed back to affected districts once infrastructure
projects are paid.
The constitutionality of SB-308 is currently being challenged.
DUBIlN DEVELOPER IMPACJ' FEES
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.
monly described and scheduled iri a capital irriprovements
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 developmen~ 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 public 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 no~ 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
square feet 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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FINAN~ING
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required in eastern Dublin is based on a projected cost of $2.3
million per each fully equipped fire station. Fire stations must
be provided- for in advance of most residential development. Fees
collected by the DRFA at the time of issuing building pennits will
then be used to partially reimburse the developer (if private
financing is used) or an assessment district to pay for upfront fire
station construction.
AB 2926 SCHOOL IMPACJ' FEES
The State legislature authorizes school districts to charge fees to
new development to assist the districts in providing sufficient
capacity for the students who live in the new houses or who move
when their parents take a job at a newly built place of employ-
ment The state-detennined maximum limit for the fee is
currently at $1.58 per square foot of habitable residential space
and $0.25 per square foot of commercial or industrial space;
school districts must charge the maximum rate if they wish to be
eligible for additional funds from the state. The fee alone
typically falls far short of the amount necessary to construct
school facilities, so the state contributions, if available, are
essential.
The estimated fee due from the Eastern Dublin Specific Plan
area would total nearly $24 million, which would pay for about
25 percent of the capacity needed for local school children.
DSRSD, ZONE 7 AND 7m4 FEES
Utility fees will be levied by the Dublin San Ramon Services
District. These fees include a water connection charge"based on
meter size and a wastewater connection charge calculated on the
basis of dwellings and equivalents.
Also Zone 7 charges water connection fees. There may also be
fees associated with implementation of the preferred lWA Project
Alternative.
10,3,2 ONGOING COSTS
DUBliN ANNUAL BUDGEI'
As discussed previously, the City pays for the ongoing costs of
normal public services out of ongoing revenues to its general
fund and other funds; the City does this for existing residents and
would be expected to continue to do so for new development
Revenues will also accrue to the general fund from the new
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devetopmen~ primarily in the fonn of property taxes but also
from sales taxes and many state-distributed revenues that are
allocated on the basis of population. A unique aspect of the
City's relationship with eastern Dublin is that the pre-existing
Annexation Agreement for the County..owned Santa Rita parcel
specifies that the County will collect revenues generated from
development on that property but will reimburse the City for all
routine municipal service costs up to some level. This Agreement
is currently being renegotiated, and the outcome will most likely
affect the shaIing of revenues between the City and County.
The fiscal analysis prepared for eastern Dublin indicates that,
after serera1 initial years of shortfalls, project-generated revenues
would be more than sufficient to cover project-generated costs;
see Table 1lI-91n Appendix 7. Despite the initial shortfalls,
overall impact on the City budget is positive.
LWDSCAPING AND IlGH11NG DIS1RJCJ'
The Landscaping and UghtingAct of 1972 provides for the
creation of a special assessment district (see discussion above) to
pay for installation and maintenance of landscaping and
lighting. nus act has been used primarily to fund maintenance,
but it is possible to issUe bonds to cover the cost of construction.
Such a district, or a series of districts, could pay for maintenance
of the open space in and around eastern Dublin.
GEOLOGIC HAZARDSABATEMENT DIS1R1Cl'
nus is another type of special assessment district used primarily
for maintenance. The City of Clayton has used such a district in
the Oakhurst Country Club project to provide for periodic
inspection and maintenance of slide-prone areas, as well as
CIelte a reserve fund in the event that major repairs need to be
made. In this case, the developer arranged a $200,000 line of .
credi~ which will be replaced eventually with the I'PServe fund
built up from the annual assessments collected from
homeowners. In 1990, assessments amounted to $125 per
single.family unit and $94 per duet For slide prone sub-areas
within eastern Dublin, Geologic Hazards Abatement Districts
may be another useful financing tool.
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10.4 FINANCING GOAlSAND
POUCIES
The following goals and policies, apply to the Eastern Dublin
Specific Plan area
Goal: New development in the
Specific Plan area should pay the
full cost of infrastructure needed to
serve the area, and should fund tbe
costs of mitigating adverse project
impacts on the City's existing infra-
structure and services.
Goal: The financing plan should
provide for reimbursements from
any other benefiting areas for costs
that Specific Plan area owners are
required to advance, and should
provide a fair allocation of costs
among land uses.
Policy 10-1: Fund the full costs of the on-site and off-
site public infrastructure and public services required
to support development in the Specific Plan area from
revenues generated by development within 1hat
Specific Plan area. These revenues may include City,
County, State, or Federal revenues generated by
development within that Specific Plan Area.
Policy 10.2: Allocate the backbone infrastructure costs
to property within the Specific Plan area based on the
general principles of benefit received. "Backbone
infrastructure" means public infrastructure ou1sideof
building tracts,
Policy 10-3: Adopt an Area of Benefit Ordinance and
form an Area of Benefit for the Specific Plan area 111m:
establishes a fair share cost allocation for public
improvements required to sene development of the
Specific Plan area.
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FINANCING
Policy 10-4: Use pay.as.you-go financing to the extent
possible, Use debt financing only when essential to
provide facilities necessary to permit development or
to maintain service standards.
Policy 10-5: Require development projects in the
Specific Plan area to fund the oversizing of facilities if
required by the City, subject to reimbursement from
future developments benefiting from the oversizing.
Policy 10-6: Require developers who proceed ahead
of the infrastructure sequencing plan to pay the costs
of extending the backbone infrastructure to their
project subject to future reimbursement
Policy 10-7: Require dedication of land for road
improvements, park. and other public facilities, and
construction of such improvements consistent with
City-wide policies,
Policy 10-8: Provide for reimbursements from any
other benefiting areas for costs that specific Plan area
owners are required to produce,
pollcy 10-9: Issue Bonds (such as Mello-- Roos and!or
.wessment Dis1rict bonds) only so long as the security
for those bonds equals 300 percent (or more) of the
bond value, Developers shall be required to finance
privately any infrastructure costs that would cause
bond issues to fail to meet the above~stated criteria.
Policy 10-10: Issue Bonds (such as Mello~ Roos and!
or Assessment District bonds), only so long as the
annual special assessment or special tax and 1.0
percent regular property tax and existing bonded
indebtedness does not exceed 2,0 percent of property
value.
10.5 CAPITALFlNANCING
SOURCES AND BURDEN ON
lAND USES
This section illustrates how development in eastern Dublin could
be financed in accordance with the above-described goals and
policies. Table 10.1 (at the end of the chapter) estimates sources
of funding for each of the infrastructure costs. In general, the
developers will be required to pay for streets and utilities within
their tracts. Note that the costs of in-tract improvements are not
included in Table 10.1. In addition, developer impact fees
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11.3,2 AREA OF BENEFIT ORDINANCE
The City shall adopt an Area of Benefit Ordinance and fonn 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 insw'e
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 in the Specific Plan. Public
financing mechanisms that the City should consider as part of
this analysis may include:
. Special Assessment District or Mello-Roos CFD. The City
shall analyze the use of a Mello-RODS 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.
. Landsca.pin~ 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.
. Geolo~c Hazards Abatement District WHAm. The City
shall analyze use of a GHAD to periodically insplrt 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 and
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IMPLEMENTATION
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 e3Stern Dublin alone, under the Marks-Roos Bond Pooling
Act.
11.3.5 CITYWIDE BUIIDER 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 funding from new
development when building permits are issued. The fees could
pay for infrastructure of citywide importance, such as a commu-
nity park or freeway interrhange.
11.3,6 RESPONSmITlTIES FOR OTHER
IMPLEMENTING ACTIONS
Table 11-3
RESPONSffiILITIES FOR OTHER IMPLEMENTING
ACTIONS
Other implementinl1 Actions
Responsibility
for Document
Preparation AdQption ~
DmIopment Agreements
. Master Development Agreement
. Individual Development Agreements
Area of Benefit Ordinance
City not applicable
Developers City
Developers City
Special Asse5sment District or
Mello-Roes CFD Developers City
Landscaping and Ughting District Developers City
Geologic Hazards Abatement District Developers City
Marks-Roos Bond Pooling City City
Citywide Builder Impact Fee System City City
SOURCE: wallace Roberts & Todd. March 1992
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STEPS NECESSARY TO ADOPT "AREA OF BENEFIT"
AND ESTABLISH "AREA OF BENEFIT FEE."
1. Council adopts enabling ordinance
2. Notice of Public Hearing Given
Notice includes
proposed boundaries of "area of benefit"
estimated costs of street and/or bridge improvements
proposed method of apportioning fee among properties
3. Property owners may file written protests
4. Council holds public hearing
5. Proceedings must be abandoned if protests received from owners of
more than one-half of area to be included in area of benefit
6. If insufficient protests, council considers whether to adopt a resolution
forming area of benefit and establishing fee
7. Fees payable at time final map is filed or, if no map, upon issuance of
building permit unless council accepts consideration in lieu of fees (e.g.
Mello- Roos special tax, a special assessment)
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