HomeMy WebLinkAbout6.1 Public Facilties Impact Fee Ord
.'1i
~ ,
.
. ~
.
.
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 12, 1994
SUBJECT:
f'f/IJ'
Public Facilities Impact Fee Ordinance
(Prepared by: City Attorney Elizabeth H. Silver)
1. ~praft Public Facilities Impact Fee Ordinance
2. ~Eastern Dublin Specific Plan, Pages 149, 151-153
pd 165
3. /Government Code Section 65913.2
1 . Open Public Hearing
2. Receive Staff Report and Public comment
3. Close public hearing and deliberate
4. Waive reading and ADOPT Public Facilities Impact
Fee Ordinance
EXHIBITS ATTACHED:
RECOMMENDATION:
FINANCIAL STATEMENT:
The cost of preparing the Public Facilities Impact
Fee Ordinance can be recovered from property
owners applying for approval of development.
DESCRIPTION: At the City Council meeting of November 28, 1994, the
City Council introduced a Public Facilities Impact Fee Ordinance. At this
meeting, the City Council will consider the adoption of this ordinance.
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:
. 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 receives "tax increment" 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
. Fire Impact Fees which are established by the Dougherty Regional Fire
Authority to fund the cost of new fire stations
. 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
The Specific Plan (page 152) recognizes that the entire cost of new
infraa~cture cannot be financed over time through an assessment district
ITEM NO. -" .1.
COPIES TO:
CITY CLERK
FILE~
.-.-
.
.
or a Mello-Roos special tax because to do so would impose an excessi ve
burden on future property owners. The Specific Plan contemplates,
therefore, that part of the cost of infrastructure will be financed through
"developer impact fees" to be adopted by the Council pursuant to AB 1600
(Government Code Sections 66000 et seq.)
AB 1600 was enacted by the state Legislature in 1989 and is contained in
Sections 66000 et seq. of the Government Code. These provisions
contemplate 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
subject to the fee.
The draft ordinance is the first step. It is an implementing ordinance
which, if adopted, will establish the mechanism for imposing a fee. No
fees will be imDOsed 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/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 dwelling 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.
a: 1128fac.agenda#9
NO~-22-34 rUE 14:55
"
.
-.
p, 02/04
ORDINANCI' NO.9. -_
AN ORDIBANCE OF THE CITY OF DUBLIN
ADD!NG CHAPTER '.78 lfO TRE
OU8LIN KUHICIPAL C002 ESTABLISHING A
PUBLIC FACILITIBS PEE FOR FUTURE
DEVELOPMENTS WITHIN THE CITY OP DUBLIN
1'K2 CITY COUNCIL OF Tl[E CITY OF tlOBLIN DOEs HEREBY OlitOAIN AS
FOLLOWS:
Section 1.
Chapter 7.78 is added to the Municipal Code of the city Of DUblin
to read as follows:
"Sec'tion 7 ~ 7~L 010 Pu:r:pose
In order to implement the goals and objectives of the
City of Dublin's ("City") General Plan, the Eastern
D~blin Specific Plan and the Parks and Recreation
Master Plan, and to mitigate the impacts caused by
future development in the city, certain pUblic
facilities must be constructed. ~he city Council has
determined that a public facilities fee is needed in
order to finance these public facilities and to pay
for each development's fair share of the construction
and nequisition costs of these improvements. In
establishing the tee described in the following
seotions, the city Council has found tho fee to be
consistent with its GenerQl Plan and the Eastern
Dublin Specific Plan, and pursuant to Government Cod@
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."
"Section 7.7S.020 PUblic Faoilities Fee Established
A. A PubliC Facilities Fee ("Fee") is hereby
established to be paid at the time of the issuanoe of
building permits for development in t~e city of Dublin
to pay for municipally owned public facilities.
B. The city Counoil shall, ih a Council resolution
adopted after a duly noticed public hearing, set forth
the amount of the Fee, describe the benefit and impact
area on which the Public Fa~ilities Fee is imposed,
list the munioipally owned pUQlic facilities to be
financed, describe the estimated cost of these
facilities, and describe the reasonable relationship
between the Fee and the various types of future
developments and set forth time for payment. I'
:'~;::' ':. '"7 ~~ ... ,"'" '"";'..., .'
~:: }~\ .wJ _i\:\ ::i
["
1- ~
NQV-22-34 TUE 14:55
. "
.
(.
p, 03/04
I
, -,J
. : ~ t
"Seot1on 7.72.030 Use of Fee Revenues
A. The revenues raised by payment of ~Q Public
Facilities Fee shall be accounted for in the City's
Capital Project Fund. separate and special accounts
within the Fund shall be used to account for
reVenues I along with any interest earnings on such
account. These monies shall be used tor the following
purposes:
(1) To pay for design, engineering, right-ot-way
acquisition and construction of the pUblic facilities
designatea in the Council resolution and reasonablQ
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 cr grants) from other sources together with
accrued interest;
(iii) To reimburse developers who have designed and
constructed designated public facilities which are
oversized with supplemental sizel length I or capacity;
and/or
(iv) To pay for and/or reimburse costs of proqraD
development and ongoing administration of the PUblic
Facilities Fee Program."
"Section 7.78.040 Developer Construction of Facilities
If a developer is required, as a condition of approval
of a permit, to construct a puolic facility that has
been designated to be financed with Publio Facilities
Fees and if the faoility has supplemental size,
length, or oapacity over that needed for the impacts
of the development, a reimbursement aqreemen~ 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 includQ the portion of the
improvement needed to mitiqa~e the burdens cre~ted by
the. cievelopment...
"Section 7.78.050 Administration Guidelines
The city cQuncil maYI by resolutionl adopt
Administrative Guidelines to provide prooedures for
the calcula~ion, reimbursement, c~edit or deferred
payment qnd other administrative aspects of the Public
Facilities Fee."
Seceion 2.
. t
Thls ordinance was adoptQd at a notioed public hearing, for
.
.
which notice was given pursuant to Government Code S 6062a.
section 3. Effective Date and postinq.
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 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 follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK
114\ord\cityhall.fee
, ,
II,
-
ft
I
I
]
I
I
I
I
I
I
I
I
I
I
]
I
I
.
be heard regarding the extent of the benefit.
The assessment district is ordinarily initiated by petition of 60
percent of the property owne~ 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 sewe~, 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 formula 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 building pemtlt
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), Pedestrian Mall Districts
(1960), and Landscaping and Lighting Districts (1972).
SB-308INFRASTRUCJ'URE FINANCING DlSI'RlCIS
(SEYMOUR EllL)
Recent legislation introduced by Senator Seymour and passed by
the Legislature on September 1990 authorizes counties and dties
to fonn 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 redevelopmrot project area is established. The tax
yields on increments in the value of tlXable 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.
.
FINANCING
However, it exempts school districts from participating and
requires the cooperation of all other special districts affected by
the dive~ion of property tax. The amount of annual fiscal
surplus accruing 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 districts once infrastructure
projects are paid.
The constitutionality of S8-308 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 m.w parks. These items are com-
monly 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 fund~
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
developmrot of the scale required in eastern Dublin v.ill 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 bOlmdaries
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 acquiIing 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 IMPAct FEES
In addition to these City ofDublin 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
squareieetfor other types of oa:upancies, 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
149
~~ -~ ~ ......
~(\.-~.:I : . . ~..':
;~~~ '.:: .':"1 '.~ ~.~.~
... . ""I
:~
: i :" : ':. ":.~ .:' . ;
'f"'::~.:' '..:.~...' .. ,:~~...
I: .
I
I
I
I
I
I
I
I
I
I.
I
I
I
I
I
I
I
I
.
10.4 FINANCING GOAlSAND
POLICIES
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 the
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 that
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 outside of
building tracts.
Policy 10-3: Adopt an Area of Benefit Ordinance and
form an Area of Benefit for the Specific Plan area that
establishes a fair share cost allocation fOli public
improvements required to serve development of the
Specific Plan area.
.
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 ofland for road
improvements, park and other public facilities, and
construction of such improvements consistent ",ith
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.
Policy 10-9: Issue Bonds (such as Mello-- Roos and/or
Assessment District bonds) only so long as the security
for 1hose 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 regulM property tax and existing bonded
indebtedness does not exceed 2.0 percent of property
value.
10.5 CAPITALFINANCING
SOURCES AND BURDEN ON
IAND USES
This section Ulustrates how development in eastern Dublin couid
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
r induded in Table 10.1. In addition, developer impact fees
151
1 (I
I ' .
I.,
; .
I "
FINANCING
.
L already in place or established in the future by the Qty 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 permits
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 feES. Ye~ these
existing fees are not sufficient to cover all the infrastructure
costs. The City wjll 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 ern or
Special Assessment District) due to the e."(cessive 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 develop~ 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-Ye3! period. The start of construction occurs in
1994 with near 100 percent completion during 2010. This
phasing schedule refle:ts WRT team discussion regarding the
sequence of development that is likely to take place in eastern
Dublin. DKS Associates (transportation consultants) and
KennedyJ]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 presents 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 names and
residential lots. During the entire period of development, the
-.J
j
'I
'.
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 alrearly accounted for
in regular property taxes, only 1.0 percent remains available for
special taxes or special assessments, and this proje:t's capital
infrastructure requirements would place these homes 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 security for the those bonds. The bonds are easiest to sell
when the property is worth at least three times the bond issue. As
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 (MeIIo~
Roos ern or Special Assessment) among the land uses proposed
in the development. Costs are apportioned according to various
factors; for instance, roarl 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.
Several lines 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 toral annual assessments
(ad~valorem property taxes plus Mello-RODS 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 lOA 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.
I
I
I
I
I
I
I
I
I
.
.
AC110N PROGRAM: FINANCING
The City of Dublin should take the follOVting actions to carry out the
finan,Eing policie; of the Specific Plan.
· DevelojJmentAgreement. For eacb property in the Pl:mning Area,
prepare and adopt a development agreement tbat speUs out the
precise financial responsibilities of tbe der:eloper.
152
.
.
~
.
.
.-l
~
.
.
~
!
.
j,.. of Benifil o"Ii"""".I'''j~a of Ben<Ji1 OnIiMDU
and fonn an Area 'of Benefit for those properties henefilingfrom
construction of pub/i.c improvements described in the spedfll:
Plan.
Special Assessment District or Mello-Roos aD. Create one or
more MeOo-Roos CFD or specialAssessment Distritts tofinaru:.e
construction of tbe infrastructure (outlined in Table 10.1) ID
serve the Area of Benefit. Some of the special taxes or special
assessments may be due upon applicationfor buildingpetmits,
. and the remainder m~ be finaru:.ed with the appropriate bond
mecbanisms.
. Marks.Roos Bond Pooling. Have bond counsel evaluate whether
the City would save money and refrain from incurring undue
risk by pooling bonds issued for eastern and western Dublin, or
for eastern Dublin alone, under the J,Jarks-Roos Bond Pooling
Act.
/
. City-wide Developer and Builder bnptut Pee systems. Anaryu
dty-wide infrastructure needs to assess tbe usefulness of
implementing an impact fee program, in compliance with AB
1600, that could draw SQ1M fundingfrom new development
wben final map or building permits are issued. The fees rouJd
p~ for infrastructure of city-wide importance, such as
downtown infrastructure or new arterial streets through eastern
Dublin.
Actions needa:l by other agencies include:
. school bnpact Pees. The City and the School DistTkt sbould
coordinate efforts tofund necessary schoo/facilities and coUect
p~ab/efees.
Highway Interchange Funding. The City and CalTrans sbould
coordinate efforts ID fund necessary freeway improvements and
rollect developers' share of costs.
. Utilities Impact Pees. The City, Dub/in San Ramon Servias
District and Zone 7 sbouJd coordinate efforts ID fund utilities
services and coOect deve/JJpers' share of costs.
Bonding Capacity. The City of Dublin and its bond counsel will
coordinate with all affected agencies ID develop a method of
financing infrastructure tbat wiDfairly apportion the assess-
ment burden among the agencies expected ID PTf.)title services,
and not allow the bonding capacity to be maximized by any one
agency or infrastructure need.
"
FINANCING
i
153
I.
"
I"
~
-
.
I]
.
.
.
.
.
.
.
[1
.
.
iii
.
.
i
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. Are:a 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 crn.
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 ou't ip. the Specific Plan. Public
financing mechanism's that the City should consider as part of
this analysis may include: .
. Special Assessment District or Mello-Roos cm. The City
shall analyze the use of a Mello-Roos CFD, Spedal
Assessment District, or a combination Df these and other
financing mechanisms to finance construction Df the
required public imprDvements (DUtlined in Tables 10-1
and 10-4 in Chapter 10) to serve the Area of Benefit. SDme
Df the speCial taxes or sp_eclal assessments may be due
upon application for building pennits, and the remainder
may be finance:! with the appropriate bond meChaniSms.
. Landscaping and Li~ting District. The City shall analyze
the use of a district to fund certain ongoing costs such as
maintenance of street lights and landscaping.
. Geologic Hazards Abatement District (GHAD). The City
shall analyze use of a GHAD to periodically inspect and
maintain unstable slopes in the eastern Dublin area. A
GHAD would provide for the assessment pf a special fee on
property owners In the area to pay for inspections an~
IMPLEMENTATION
(i
maintenance as well as create a reserve fund from which
to make any necessary repairs.
11.3.4 MARKS-RODS 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
fDr eastern Dublin alone, under the Marks-Roes Bond Pooling
Act.
11.3.5 CITYWIDE BUilDER IMP ACT 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 COffirTIl
oity park or freeway interchange.
11.3.6 RESPONSIBIIlTIES FOR OTHER
IMPLEMENTING ACTIONS
Table 11.3
RESPONsmll.ITIES FOR OTHER IMPLEMENTING
ACTIONS
Responsibility
for Document
Other rmpl~mentini Actions Preparation Adoption By
Development Agreements
. Master Drnlopmenl Agreement City not applicable
. Individual Development Agreements Developers City
Area of Benefit Ordinance Developers City
Special Assessment District or
Mello-Roos cm Developers City
Landscaping and Lighting District Developers City
Geologic Hazards AbaIemenl District Developers City
M.a.rks.Roos Bond Pooling City City
Citywide Builder Impact Fee System City City
SOURCE: Wallace Robem & Todd, March 1992
165
IE
ng
on
nd
w.
It.-
~g
J.l
>5.
;e
:h
:0
;9
1,
II
,)
d
"t
I.
.~.
...
-.....-,
.. ." .
~- . ... - ...-~~._~. ~. . .....-
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 findings and declarations
Law Review Commentaries
Growth control by the ballot box: California's experi-
ence. Daniel J. Curtin, Jr. and M. Thomll8 Jscobson, 24
Loy.L.A. L.Rev. 1073 (1991).
~ 65913.2. Limitations on local government regulation of subdivisions
~---";ll'i'O.\"= 3
r~ "\! :,~~~~.~;" 0
~1 :":t 'i1~.J Ii
~::!".n:l;hi2.,.?a fJ
......~~~.
..._........._...._~____..~r__...~~_-. _... ....,..~. ~~.. ~ - . --