HomeMy WebLinkAbout6.3 TransprtImpactFeeOrd
. '-~';:" :';'j,. t ""'..!~':'j;,r ;~....,:.':.:!~'r~\~.'~M. '''\' .
I
.... ;1, ~ 1 ,,';' '.. .,
" !....".
. ...
e
e
CITY OF DUBLIN
AGENDA STATEMENT
CI'l'Y COUNCIL MEETING DATE: November 28, 1994
SUBJECT: Transportation Impact Fee Ordinance
(Prepared by: City Attorney Elizabeth H. Silver)
EXHIBITS ATTACHED: 1 . /~raft Transportation Impact Fee Ordinance
2. /' Eastern Dublin Specific Plan, Pages 149, 151-153
~d 165
3.~ Government Code Section 65913.2
RECOMMENDATION: 1 .
2.
/t~ 3.
\ 4.
Open Public Hearing
Receive Staff Report and Public comment
Close public hearing and deliberate
Waive reading and INTRODUCE Transportation Impact
Fee Ordinance
FINANCIAL STATEMENT:
The cost of preparing the Transportation 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:
. 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
City 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 seq. ("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 ~c:hfic ,,1ilD1 (page 152) recognizes that the entire cost of new
infr~ure ~t be financed over tt.e through an assessment district
or a 1Ie:u.Jl.G-Roos speci.al. tax because to do so would impose an excessi ve
burden aD future 'property owners. The Specific Plan contemplates,
therefarre,,. tbat part of the cost of infrastructure will be financed through
.
."
----------------------------------------------------------------------
ITEM NO. _6. '7
COPIES TO:
CITY CLERK
FILE~
"""'H -
.', _").<\"'~~~.~~r, ~J~l;'!~,'~~"'"~'"~T:.":.."~~1I:"-..l1:~}'r~~jl..~,f~.1~!" i,:~"'lo'.)u1,:\~",~:~~~~.~:::'~i)f:::J~,;~~,i'~~..i.i.!~~~~':l":~i;.~.:i\"I~~1.'+}.<I':'."l:' .:.;, ~':I.: J (':,.' ,~-f' I' ., '1.~, _~;:~.....,~""","- J""~ .; ,,. .......,,;.;, " ":iF'., N" , . .,. ,'... ...,~., .." "'
e
e
"developer iIIlpact fees" to be adopted by the COuncil pursuant to AD 1600
(Govermaent COde Sections 66000 et seq.)
AD 1600 was ena~ed by the state Legislature in 1989 and is contained in
Sections '6000 et seg. of the Government COde. These provisions
corKetllplate a two-step process prior to the imposition of impact fees on
new development. The first step is adoption of an "implementing
ordi.aa.nce." The second step is adoption of a resolution setting the amount
of the fee, the type of improvements to be funded by the fee or fees, and
the properties subject to the fee or fees
The draft ordinance is the first step. It is an implementing ordinance
which, if adopted, will establish the mechanisa for imposing a fee or fees.
No fees will be impOsed by the ordinance.
The second step - adoption of a resol.ution setting the fees - requires a
pub1ic hearing. It also requires that information regarding the amount of
the proposed fee be availab1e to the public at 1east ten days in advance.
This information would be in the form of a study which wou1d show the
re1ationship between deve10pment projects and the pub1ic improvements for
which the fee is proposed to be charged.
Fees to pay for transportation improvements necessary to implement the
Eastern Dublin SpeCific P1an could be adopted by reso1ution once the
implementing ordinance is in p1ace. These would inc1ude not only roadway
improvements but buses and mass transit.
The adoption of a Transportation Impact Fee which is applicable to
properties within the Eastern Dub1in Specific P1an area will not preclude
developers from picking and choosing from the various financing options
avai1able to them. Developers are required to prepare Financing Plans
which are to be part of the Deve10pment Agreement. The Financing P1an is
the vehicle for a developer to propose the "mix" of financing options
availab1e to him so that the property is not overburdened with assessments
and/or special taxes.
In addition to a fee to finance improvements to implement the Eastern
Dublin Specific Plan, fees to pay for traffic improvements to imp1ement the
General P1an and Downtown SpeCific Plan could also be adopted by resolution
once the ordinance is in place. On October 25, 1994, the Council
authorized a traffic study to establish a uniform traffic impact fee. When
this study is comp1eted, Staff wi1l recommend a traffic impact fee.
Adoption of that fee would be authorized by this ordinance and would
actually be levied by resolution.
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
tm 114,000 dwelling units at buildout, and which will have a beneficial
e1fettt on the housing needs of the region. It will he1p the City to meet
t~ IBAG ~rojected housing need in Dublin.
AdoP.itibn $f ttfte draft ordinance is consistent with and will implement the
Eastta:uz'U Jlb6ldim SDecilic Plan and the DowntQWD Specific Plan. The adoption
o'f 1I:he '<in:alDt mmiin:ance is not subject to CEQA (Public Resources Code
Section '211.8U~((A;}',(S\) .. x} I
staif rec...~:s 'tJ!DAt the Ci ty COuncil conduct a public hearing,
del:i.berate., wa:i;ve ltThe :ffeading ,and J:RTIU)DOCE the ordinance.
a:l'28tran.agenda#g
NUV-~~-jq lUt lq;~j
1 I V'-' V""I
e
e
OKDIDJI'CB NO. 94-_
AN ORDINANCI 01' HI: CITY OJ' DUBLIK
ADDING CBAPTEiK 7.82 TO Tal
DUBLIN MUNIOIPAL OOnE ESTABLISHINO A
TR>>:SPOR'1'ATIOH J:K1'ACT :rBE poa J'UTmtl
DBVa~OPHENTS WITKIN THB Cl~Y OP DUBLIK
THE OITY OOUNOIL 01' TUB CIT~ OF DUBLIN DOHS aXKBBY ORDAIK AS
J'ox,:WOWS:
seot.ion 1.
Chapter 7.82 is added to the Municipal Code of the city of Dublin
to read as fol1ows~
"Seotion 7.82.010 puroose
In order ~o implemen~ the goals and objectives of the
City of Dublin's ("City") General Plan and the Eastern
Dublin Specific Plan, the Downtown Specific Plan and
the San Ramon Road Specific Plan and t.o mitiga~e the
impact5 caused by future development in the City,
certain transportation facilities must be
constructed. The city Council has determineQ that a
transportation impact fee is needed in order to
finance these transportation facilities and to pay
for each development's fair share of the construction
and acquisition costs of the necessary transportation
improvements. In establishing the fee described in
the following sections, the City Council has round the
f2e to be consis~ent with its General Plan and the
above Spooific Plans, and purs~ant to Government Code
S 65913.2, has considered the effects of the fee with
respect to the City's housing needs as 8$tablished in
the. Housing Elemeni: of tho. General Plan. It
"section 7.82.020 Trans'OortatiQ..p ImDact Fee EstabJiRhed
A. A Transporta.tion Impact Fee (":reett) is hereby
establiShed to be paid at the time of the issuance of
buildinq permits for developmQnt in the City of Dublin
to pay for transportation faoilities.
B. The City Council shall, in a Council resolution or
resolutions adopted after a duly notiood publie
hearins, set forth the amount of the tee; describe the
benefi~ ana impact area on which the Fee is imposed,
list the transportation facilitias to be financed,
desoribe the estimated cost of these facilities, and
describe the reasonable relationship between the Fee
and the various types of future developments and set
for~h time. fo:r payment." _.
.,
;.i ".:.
~ ~- .
1
;;
- ,., ~...: .., --"
NOV-22-34 TUE 14:24
p, 03/04
e
e
"Sec~ion 7.92.030 Use of Fee Revenues
A. The revenues raised by payment of the
Trans~ortation Impqct F" ih.ll be accnnnt,po for in
the C~tyls Capital Project Fund ("Fund"). separate and
special accounts within the fund shall be used to
account for revenues, alon9 with any interest earnings
Oh such account. These monies shall be used tor the
followin9 purposes:
(i) To pay for design, engineering, right-of-wAY
acquisition and construction ot the transportation
facilities designated in the Council resolution and
reasonable COsts of outside consultant studios relatod
thereto;
(11) To reimburse the City for designat@d
transportation facilities construoted by the city with
funds (other than gifts or grants) from other sources
together with accrued interest;
(iii) To reimbu~se developers whQ hAve designed and
constructed designated transportation facilities
which are oversized with supplemental size, len~, or
capacity; and/or
(iv) To pay for and/or reimburse costs of program
development and ongoing adminis~ration of ~he Traffic
Impaot Fe.e Program. It
"Sectiou 7.92.040 Dev~loper ConRtruction of Faoilities
If a developer is required, as a condition of approval
of a permit, to construct a transportation facility
that has been designated to be financed with
Transportation Impact Fees and if the facility has
supplemental size, length, or capacity over that
needed for th@ impacts of th@ development, a
rGimburse~ent ag~eement with the developer and a
credit a9ainst the Fee otherwise levied by this
ordinance on the development project shall be offered
by the city. The reimbursement amoune shall not
include the portion of the improvement needed to
mitigate the burdens created :by the development.1t
"Section 7.82.050 Administration Guidelines
The city Council may, by resolution, adopt
Administrative Guidelines ~o provide prooedures for
.
NOV-22-34 TUE 14:25
e
e
P. 04/04
th~ calcula~ion, reimbursem~n~, credit or deferred
payment and other administrative aspec~s of ~he
Traffio Impact Fee."
section 2.
This ordinan~a was adopted at a noticed public hearinq, for
which notice was given pursuan~ ~o Government Code S 6062a.
See~ioa 3. Effective DatA and Postinq.
This Ordinance shall take effect and be in force thirty
(30) days from and after the da~e 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 Duplin on this ____ day of , 1994,
by vote as follows;
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK
114\o~4\'traff'ic
.
.
II
.
.
l]
.
.
II
.
.
.
.
I
I
I
:)
I
I
e
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 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 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 (I943 and 1951), Pedestrian Mall Districts
(1960), and Landscaping and Lighting Districts (1972).
SB-308INFRASlRUClVRE FINANCING DISJ'RlClS
(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.
SB 308 authorizes cities and counties to use a similar method of
tax increment financing to fund infrastructure development.
e
FINANCING
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 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.
DUBllN DEVELOPER IMPACl 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 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 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 andlor 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 fat individual subdivisions.
DRFA FIRE IMPACI 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
.,
149
:~ )
l e e
~ FINANCING
. 10.4 FINANCING GOAlSAND Policy 10-4: Use pay-as-you-go financing to the extent
possible. Use debt financing only when essential to
. POUCIES provide facilities necessary to permit development or
to maintain smice 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 developmen~ benefiting from the oversizing.
.
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
. of extending the backbone infrastructure to their
serve the area, and should fund tbe project subject to future reimbursement.
. costs of mitigating adverse project Policy 10-7: Require dedication of land for road
impacts on the City's existing infra- i.mprovemen~, 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 other benefiting areas for costs that specific Plan area
II Goal: 111e financing plan should
owners are required to produce.
provide for reimbursements from
Policy 1()..9: Issue Bonds (such as Mello- Roos and/or
. any other benefiting areas for costs Assessment Dis1rict bonds) only so long as the security
that Specific Plan area owners are for those bonds equals 300 percent (or more) of the
required to advance, and should bond value. Developers shall be required to finance
. privately any infrastructure costs that would cause
provide a fair allocation of costs bond issues to fan to meet the above-stated criteria.
. among land uses. Policy 10-10: Issue Bonds (such as Mello- Roos antV
or Assessment District bonds), only 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
. percent regular property tax and existing bonded
site public infrastructure and public smices required indebtedness does not exceed 2.0 percent of property
to support development in the Specific Plan area from value.
. revenues generated by development within that
Specific Plan area. These revenues may include City, 10.5 CAPITALFINANCING
County, State, or Federal revenues generated by
. 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
. general principles of benefit received. "Backbone 'Ibis section illustrates how development in eastern Dublin could
infrastructure" means public infrastructure outside of be financed in accordance with the above-descrtbed goals and
building tracts. policies. Table 10.1 (at the end of the chapter) estimates sources
.
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 ..
. establishes a fair share cost allocation for public their tracts. Note that the costs of in~tract improvements are not
improvemen~ required to serve development of the r indudOO in Table 10.1. In addition, developer impact fEfS
Specific Plan area.
. 151
'1'
-
FINANCING
I
I
l~
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 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 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 Assessment 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 -Ye::JI period. 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
KennedylJenks (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. lhe 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 Mel1~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 developmen~ the
111
,J
, I
,
l
i'
I
,
I
II
I ~
11
'I
'I
'I
't
.
e
annual infrastructure debt service is equal or less than 1 percent,
except during 1996. lhe general guideline is that total arumal
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 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 i.nfrastructure 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 Une of the table shows, this development would meet that
criteria.
Table 10.4 allocates the costs borne by the Area of Benefit (Mello-
Roos ern or Spe:ial 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.
Several Unes in the middle of the table indicate the total capital
cost per housing unit (or per 1,000 square feet of non-residential
deve1opment), 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 Wlit's
market value represented by that yearly assessment
The generally accepted standard is that total annual assessments
(ad-valorem property taxes plus Mel1~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.
\
I
I
I
I
I
I
I
I
AC110N PROCRAM: FJNAI{CING
The City of Dublin should take the following actions to carry out the
fin1Ilcing policies of the Specific Plan.
. DevelopmentAgrument. For each property in tbe Pfanning Aroa,
propare and adopt a development agreement that speUs out tbe
prodsefinancial responsibilities of the developer.
152
,.
e
.
· Area of Benefit Ordiruznce. Adopt an Area of Benefit Ordinance
and farm an Area 'of Benefit for those properties benefitingfrom
construction of public impravements described in the specific
Plan.
.
. Special AsSessment [)istrid or MeUo.Roos CFD. Create one or
more Mello.Roas cm or Special Assessment Districts to financt
construction of the infrastructure (outlined in Table 10.1) to
serve the Area of Benefit. SOme of the special /a:leS or special
assessments may be due upon application for buildingpermils,
and the remainder may be firuznad with the appropriate bond
mechanisms.
.
.
. Marks-RODS Bond Pooling. Have bond counsel euaiutIJe whether
the City would save money rmd refrain from incurring undue
risk by pooling bonds issued for eastern and western Dublin, or
for eastern Dublin alone, under the Marks-RODS JkmtI Pooling
Act.
· City.wide Developer and Builder Impact Pee systems. Ana{yze
city-wide infrastructure needs to assess the usefidness of
impkmenting an impact fee program, in compliance witb AB
1600, that could draw some fundingfrom new development
when final map or building permits are issued. The fees could
pay for infrastructure of city-wide importance, such as
downtown infrastructure or new arterial streets through eastern
Dublin.
E
.
.
f
,.
.
Actions needed by other agencies include:
. SchoolImpact Pees. The City and the School District should
coordinate efforts to fund necessary school fadlities and rolkct
payablefees.
· Highway Interchange Punding. The City and Caffrans should
coordinate efforts to fund necessary freeway improvements and
collect developers' share of costs.
. Utilities ImPact Fees. The City, Dublin san Ramon Services
District and Zone 7 sbould coordinate efforts to fund uti/ities
semces and coUeet tkvelopers' share of carts.
· Bonding Capacity. The City of Dublin and its bond aJUnsel wiD
coordinate with all affected agencies to develop a metbod of
financing infrastructure that wiD fairly apportWn the assess.
ment burden among the agencies e:rpected to provide services,
and not allow the bonding capaci1(y to be maximfm/ by any one
agency or infrastructure need.
e
FINANCiNG
153
.
.
rJ
.
.
II
.
.
.
.
.
.
.
fI
.
.
II
.
.
e
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 vartous public financing techniques is
required to identify and develop the most flexible and lowest cost
financing program for necessaIy 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 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 em. 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 permits, and the remainder
may be financed with the appropriate bond mechanisms.
· Landsc~ping and Li&hting 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 DistricUGHAD). The City
shall analyze use of a GRAD to periodically inspect and
maintain unstable slopes in the eastern Dublin area. A
GRAD would proVide for the assessment,of a special fee on
property owners in the area to pay for inspections an?
e
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 eastern Dublin alone, under the Marks-Roos Bond Pooling
Act.
11.3.5 CIlYWIDE BunnER 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 comrm
nity park or freeway interchange.
11.3.6 RESPONSffiTIlTIES FOR OTHER
IMPLEMENTING ACTIONS
Table 11-3
RESPONSmIIlTIES FOR OTHER IMPLEMENTING
ACTIONS
Responsibility
for Document
Other lmplementini Actions prepaI1tion Adqption B,y
Development Agreements
. Master Development 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 Ughting District Developers City
Geologic HazaIdsAbarement District Developers City
Mat\ts-Roos Bond Pooling City City
Citywide Builder Impact Fee System City City
SOURCE: Wallace Roberts & Todd, March 1992
.
165
- -,
DE
;ng
:ion
ond
aw-
:at-
ing
-p.)
00.
:se
ich
to
59
:n,
ill
ie
<1-
al
ld
rt
9,
,
l-
,t
g
.)
5.
r
..
e
e
.:"::~2~;..:~_. ~
-.---
,
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. Thomas Jacobson, 24
Loy.LA 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.
.. (,J Rmom from im~ .tan""'" "'" "''''''' ... pub.. .....""""'" >>cluWnjI. bat not Jmrltod '",
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 simi1ar1~
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 astetlsks * * *
93 Cal Code 1994 P.P.-2 31,
kt:\;}'J J ~;~ 1fT 3
---
~---..-