§ 22.260

A.

This Chapter implements, in part, the County General Plan, which provides guidelines for future development in areas depicted within urban expansion or nonurban categories on the General Development Policy Map.

B.

The General Plan recommends a development qualification procedure, in part, to ensure that proposed new projects in areas designated in the General Plan as urban expansion or nonurban will not create substantial net costs on County government, special districts, and existing taxpayers.

C.

This Chapter is intended to establish procedures for the implementation of the General Plan by providing for the designation of lands which will receive special benefits from the acquisition, construction, and improvement of certain public facilities set forth in this Chapter, and the imposition of special assessments on land related to benefits received.

(Ord. 2022-0008 § 142, 2022.)

22.260.020 - Areas of Benefit Authorized.

In order that the burden of the cost of constructing public facilities may be borne by all of the lands benefited thereby, areas of benefit may be designated and facilities benefits assessments, as defined in Section 22.260.030 (Definitions), chargeable to and against such lands may be imposed in accordance with procedures set forth in this Chapter.

(Ord. 2022-0008 § 142, 2022.)

Specific terms used in this Chapter are defined in Section 22.14.160(P) of Division 2 (Definitions), under "Procedural Ordinance for Financing of Public Facilities."

(Ord. 2022-0008 § 142, 2022.)

Upon the receipt of an application by a landowner or his designated agent, or on its own motion, the Board may initiate proceedings for the designation of an area of benefit by adopting a resolution stating its intention to do so. The Board shall refer the proposed public facilities project to the Director of Public Works and shall instruct the Director of Public Works, with the assistance of the Director of Regional Planning and, where appropriate, interested landowners, to make and file with the Board a written report. The report shall contain:

A.

One or both of the following:

1.

An implementation program for future development; or

2.

A financing plan with respect to the proposed public facilities project.

B.

General description of the proposed public facilities project.

C.

An estimate of the total cost of the public facilities project based on the projected time for commencement and completion thereof in accordance with the capital improvement program.

D.

A capital improvement program establishing a schedule for the timing of construction of the public facilities project and the estimated cost for the project.

E.

A map showing the area of benefit to be designated and the boundaries and dimensions of the subdivision of land within the area of benefit.

F.

Preliminary information concerning the method pursuant to which the costs are proposed to be apportioned among the lots within the area of benefit in proportion to the estimated benefits to be received by those lots and a preliminary estimate of the amount of the facilities benefit assessments which will be charged to each such lots.

G.

The amount of the contribution or advance, if any, which the County or other public entity will make toward the total cost of the public facilities project.

(Ord. 2022-0008 § 142, 2022.)

Upon receipt of the report described in Section 22.260.040 (Initiation of Proceedings), the Board may declare its intention to designate an area of benefit by adopting a resolution of intention which shall include the following:

A.

A definitive description of the specific public facilities project, the cost of which is proposed to be charged to the properties located within the area of benefit.

B.

A capital improvement program with respect to the public facilities project.

C.

The proposed boundaries of the area of benefit.

D.

Information concerning the method by which the costs are proposed to be apportioned among the lots within the area of benefit and an estimate of the amount of the facilities benefit assessments which will be charged to each such lot.

E.

The basis and methodology by which automatic annual increases in the facilities benefit assessment will be computed, assessed, and levied, without the necessity for further proceeding pursuant to Section 22.260.130 (Annual Adjustment of Facilities Benefit Assessment), if, in the discretion of the Board such automatic annual increases are determined to be necessary.

F.

The amount of the contribution or advance, if any, which the County or other public entity will make toward the total cost.

G.

The time and place at which the Board will hold a public hearing to consider designation of the area of benefit.

(Ord. 2022-0008 § 142, 2022.)

Notice of the public hearing shall be provided by publishing the Resolution of Intention in a newspaper of general circulation at least 14 days before the date set for the public hearing and by mailing copies of the Resolution of Intention to the owners of the affected properties located within the proposed area of benefit at the addresses shown on the latest equalized assessment roll, or as otherwise known to the Assessor, or by any other means which the Board finds reasonably calculated to appraise affected landowners of the public hearing.

(Ord. 2022-0008 § 142, 2022.)

At any time not later than the close of the public hearing, any owner of property within the proposed area of benefit may file a written protest against the public facilities project proposed to be undertaken, the extent of the area to be benefited by it, the facilities benefit assessments proposed to be levied within the area of benefit, or any or all of the foregoing. The protest shall be in writing, signed by the protester, and shall contain a description of the property in which the signer is interested. The description shall be sufficient to clearly identify the property. If the signer is not shown on the last equalized assessment roll as the owner of that property, the protest shall contain or be accompanied by written evidence that the signer is the owner of the property. All such protests shall be delivered to the Board and no other protests or objections shall be considered. Any protests may be withdrawn by the owners requesting the same, in writing, at any time prior to the conclusion of the public hearing.

(Ord. 2022-0008 § 142, 2022.)

At the time and place established in the resolution of intention, the Board shall hear and consider protests filed against the proposed public facilities project, the extent of the area of benefit, the amount of the facilities benefit assessments proposed to be levied within the area of benefit, or any or all of the foregoing. The public hearing may be continued from time to time. A majority protest is established when timely written protests have been filed by the owners of more than one-half of the area of the property proposed to be included within the area of benefit. If sufficient protests are not withdrawn, so as to reduce the area represented to less than one-half, then the proposed proceedings shall be abandoned unless the protests are overruled by an affirmative vote of four-fifths of the members of the Board. The Board shall not overrule a majority protest unless it finds that the public health, safety, or general welfare require that provision be made for the installation of the proposed public facilities project. In the event a majority protest is not

withdrawn or overruled, the Board shall not, for one year from the filing of that written protest, commence, or carry on any proceedings for the same public facilities project under the provisions of this Chapter. If any majority protest, which is not withdrawn or overruled, is directed against only a portion of the public facilities project, then all further proceedings under the provisions of this Chapter to construct that portion of the public facilities project shall be barred for a period of one year; but the Board shall not be barred from commencing new proceedings for any part of the public facilities project which has not been barred.

(Ord. 2022-0008 § 142, 2022.)

At the conclusion of the public hearing, and provided there is no majority protest or a majority protest is overruled, the Board may adopt a resolution ordering designation of the area of benefit and the establishment of the amount of the facilities benefit assessment against each lot within the area of benefit. The resolution shall include the following:

A.

A definitive description of the public facilities project, the cost of which is to be charged to the properties located within the area of benefit.

B.

A capital improvement program with respect to the public facilities project.

C.

The boundaries of the area of benefit.

D.

The method by which the costs are to be apportioned among the lots within the area of benefit and the amount of the facilities benefit assessments which will be charged to each such lot.

E.

The basis and methodology by which automatic annual increases in the facilities benefit assessment will be computed, assessed, and levied, without the necessity for further proceeding pursuant to Section 22.260.130 (Annual Adjustment of Facilities Benefit Assessment), if, in discretion of the Board, such automatic annual increases are determined to be necessary.

F.

The amount of the contribution or advance, if any, which the County or other public entity will make toward the total cost.

(Ord. 2022-0008 § 142, 2022.)

22.260.100 - Filing of Map and Recording of Notice of Assessment as Lien.

A.

After the adoption by the Board of a resolution of designation, the Director of Public Works shall prepare a map of the boundaries of the area of benefit based on said resolution and shall file same with the Board. The Director of Public Works shall also file a copy of the map referred to in this Section with the RegistrarRecorder/County Clerk.

B.

After recording the assessment and map, the Director of Public Works shall execute and record a notice of assessment with the Registrar-Recorder/County Clerk.

C.

From the date of the recording of the notice of assessment in accordance with the provisions of Subsection B, above, all persons shall be deemed to have notice of the contents of such assessment. Immediately upon such recording with the Registrar-Recorder/County Clerk each of the assessments shall be a lien upon the property against which it is made.

D.

In its discretion, and for good cause shown, the Board may, upon terms and conditions prescribed by the Board in its resolution or thereafter, allow the lien of the facilities benefit assessment to become subordinate to the lien of deeds of trust executed by landowners to secure loans to finance the construction of improvements on the property within the area of benefit.

E.

The Director of Public Works shall file a copy of the map and notice of assessment referred to in this Section with the Assessor.

(Ord. 2022-0008 § 142, 2022.)

After the adoption by the Board of its resolution, no building permits shall be issued for development on any land included within the area of benefit unless and until the facilities benefit assessments established by the resolution of designation for such lands have been paid. The facilities benefit assessment shall be paid by the landowner upon the issuance of building permits for development or at such time as the capital improvement program for the area of benefit in which the assessed land is located calls for the commencement of construction of the public facilities project. In the event that a landowner desires to proceed with development of a portion of the landowner's property, based on a phased development program, which is subject to a lien for the total amount of facilities benefit assessments as provided in this Chapter, the landowner may obtain building permits for the development phase after paying a portion of the facilities benefit assessments and making provision for payment of the remainder of the facilities benefit assessments to the satisfaction of the Director of Public Works. Money received by the County as payment of the facilities benefit assessments shall be deposited in a special fund established for the area of benefit and shall thereafter be expended solely for the purposes for which it was assessed and levied. Upon

payment of the facilities benefit assessment as provided in this Chapter, the lien which attaches pursuant to Section 22.260.100 (Filing of Map and Recording of Notice of Assessment as Lien) shall be discharged. In the event partial payment is made based on a phased construction program, the County shall release the portion of the property for which building permits have been issued from the lien of the facilities benefit assessment.

(Ord. 2022-0008 § 142, 2022.)

Where there is a delinquency in payment of the facilities benefit assessments as required by Section 22.260.110 (Payment of Benefit Assessments), the County may initiate foreclosure proceedings in accordance with the procedures set forth in this Chapter and in any and all applicable State and local laws. If a sale or foreclosure is commenced, notice of the pendency of such sale or foreclosure shall be recorded with the Registrar-Recorder/County Clerk not later than 10 days after commencing an action or proceeding in any court to foreclose the lien of such assessment. The notice of pendency shall state that the County has commenced a sale or foreclosure, as applicable, and shall refer to and identify such sale or foreclosure and shall describe the property affected thereby. The County shall be entitled to recover the cost of recordation of any such notice of pendency in any sale or foreclosure resulting from such delinquency, and provisions shall be made in any notice, order or judgment authorizing or providing for such sale or foreclosure.

(Ord. 2022-0008 § 142, 2022.)

The Board may, annually after the adoption of the resolution of designation and subject to the requirements set forth in Sections 22.260.040 (Initiation of Proceedings) through 22.260.100 (Filing of Map and Recording of Notice of Assessment as Lien) cause an adjustment to be made in the facilities benefit assessments established by the resolution. The adjustments may reflect increases or decreases in the actual cost of the public facilities project, or if the public facilities project has not yet been constructed, the estimated cost of the proposed capital improvements, which reflect changes in the scope of the public facilities project or any other indices as the Board may deem appropriate for this purpose. The modifications may also reflect changes in the improvements proposed to be constructed as well as the availability, or lack thereof of other funds with which to construct the capital improvements.

(Ord. 2022-0008 § 142, 2022.)

A.

Notwithstanding any contrary provisions of Section 22.260.100 (Filing of Map and Recording of Notice of Assessment as Lien), upon application by the landowner or his authorized agent, the Board may accept consideration in lieu of the facilities benefit assessments required pursuant to this Chapter, provided the Board, upon recommendation of the Director of Public Works, finds that the substitute consideration proposed:

1.

Has a value equal to or greater than such facilities benefit assessments;

2.

Is in a form acceptable to the Board; and

3.

Is within the scope of the public facilities project.

B.

The Board may accept consideration in lieu of the facilities benefit assessments required pursuant to this Chapter where the Board finds that the substitute consideration proposed is less than the value of such facilities benefit assessment after payment of an amount equal to the difference between the value of the substitute consideration as determined by the Board and the amount of such facilities benefit assessments.

(Ord. 2022-0008 § 142, 2022.)

Upon the receipt of an application by a landowner or his designated agent, or on its own motion, the Board may initiate proceedings for the termination of an area of benefit by adopting a resolution stating its intention. The resolution of intention shall state the time and place at which the Board will hold a public hearing to consider such termination. If, at the conclusion of such hearing, the Board finds and determines that the public facilities project for which the area was originally formed will not be required in the reasonably foreseeable future, or that the installation of said public facilities project may be financed more effectively by another method, the Board may adopt a resolution declaring the area of benefit terminated.

(Ord. 2022-0008 § 142, 2022.)

A.

In the event of an annual adjustment of assessment as provided by Section 22.260.130 (Annual Adjustment of Facilities Benefit Assessment), which reduces the facilities benefit assessment, amounts in the special fund which are no longer required shall be refundable to the current owners of the property as shown on the last equalized assessment roll in proportion to the amount of the original payments.

B.

In the event the Board agrees to accept consideration in lieu of facilities benefit assessments, as provided by Section 22.260.140 (Consideration in Lieu of Assessment), the Board may enter into an agreement with a developer pursuant to which said developer may be reimbursed for the amount of the otherwise applicable facilities benefit assessments. The agreement shall set forth the amount to be reimbursed, and the time and manner in which payments shall be made only from revenues paid into the special fund created for the area of benefit.

C.

Upon termination of an area of benefit as provided by Section 22.260.150 (Termination of Area of Benefit), any money remaining in the special fund established in connection therewith shall be refunded to the current owners of the property as shown on the last equalized assessment roll in proportion to the amount of the original payments.

(Ord. 2022-0008 § 142, 2022.)

This Chapter is intended to establish an alternative method for spreading the costs of certain public improvements against the lands which will be benefited thereby; and the provisions of this Chapter shall not be construed to limit the power of the Board to utilize any other method for accomplishing this purpose but shall be in addition to any other requirements which the Board is authorized to impose as a condition to approving new development pursuant to State and local laws.

(Ord. 2022-0008 § 142, 2022.)

Chapter 22.262 - MAJOR PROJECTS REVIEW TRUST FUNDS