Chapter 9 — 1245M - PUBLIC LAND EQUITY PROGRAM

9-1245.1M - INTENT.

Development within the Mountain House Community will necessitate the acquisition of Public Land for public facilities and improvements. The Mountain House Public Land Equity Program was conceived to ensure that lands required for public purposes are available to public agencies in a timely and cost-effective manner, that Landowners who wish to develop land within the Community share equitably in the provision of Public Lands, that Landowners receive fair compensation for the land which they provide for public purposes in excess of their proportional share requirement, and that wide swings in Public Land values over time and across locations are minimized or avoided. In accordance with these objectives, it is the

intent of this Chapter to establish the procedures, requirements and other measures necessary to implement the Mountain House Public Land Equity Program.

(Ord. 3951, § 3 (part), 1997)

9-1245.2M - FINDINGS.

In implementing the Public Land Equity Program by means of this Chapter, the Board of Supervisors finds as follows:

(a)

Following extensive planning, environmental impact analysis, and public review, the Board of Supervisors adopted the Mountain House Master Plan as an implementing measure of the San Joaquin County General Plan. The Master Plan sets forth a comprehensive plan for the Mountain House Community.

(b)

The Master Plan includes a Land Use Plan which designates and will guide the location and amount of land for various uses including residential, commercial, industrial, institutional, and recreational land uses. The Master Plan also shows the general location and size of major public facilities required to serve the Mountain House Community including arterial roads, community parks and open spaces, drainage ways, schools, and other public buildings and facilities. As a result, Mountain House will be a well-planned community with each land use dependent on the other land uses, balanced and timed to correspond with the orderly construction of the public facilities.

(c)

The adoption of this Chapter is necessary to implement the Mountain House Public Financing Plan, which was previously approved by the Board of Supervisors.

(d)

The type, scale and location of land uses and the type, size and location of public facilities shown in the Mountain House Master Plan is the result of the extensive planning and environmental mitigation, as reflected in the Mountain House Master Plan Environmental Impact Report. These public facilities are required to meet Federal, State, and local statutes, ordinances, and regulations.

(e)

The public facilities planned for the Mountain House Community are part of an integrated infrastructure and service system essential to assure the public health, safety and welfare of all Landowners, residents, businesses, and employees within the Mountain House Community.

(f)

A substantial portion of land is required upon which to build public facilities required by the Mountain House Master Plan. The amount and locations of these lands are entirely based upon the need for public

facilities for the Mountain House Community with respect to other planned land uses, without regard for parcel or ownership patterns within the Mountain House Community.

(g)

In order to assure equity in the distribution of costs associated with the provision of land for public facilities, it is necessary to create and implement a mechanism for equalizing the differential amounts of land required for public uses from each parcel or ownership located within the Mountain House Community.

(Ord. 3951, § 3 (part), 1997)

9-1245.3M - PUBLIC LAND PERCENTAGE.

The Public Land Percentage for the Public Land Equity Program is twenty-one and two-tenths percent (21.2%), as calculated in the Public Land Equity Program Technical Report. Said Public Land Percentage shall remain fixed for the life of the Public Land Equity Program and shall be used to determine the Public Land Acreage Requirement for each parcel in the Mountain House Community.

(Ord. 3951, § 3 (part), 1997)

9-1245.4M - DETERMINATIONS FOR DISCRETIONARY PERMIT APPLICATION.

Upon submission of a discretionary Development Permit application to develop a parcel in the Mountain House Community, the County shall do the following:

(a)

Determine whether the amount and location of Public Lands on the subject parcel are consistent with the Mountain House Master Plan, a Specific Plan, or a Special Purpose Plan and acceptable to the public agency(s) that is(are) to receive said lands.

(b)

Determine the Public Land Acreage Requirement for the subject parcel.

(c)

Determine whether the subject parcel has a Public Land Deficit or a Public Land Surplus.

(Ord. 3951, § 3 (part), 1997)

9-1245.5M - GENERAL REQUIREMENTS FOR DEVELOPMENT.

(a)

Parcels Subject to Chapter. All parcels within the Mountain House Community for which a discretionary Development Permit application has been made, or, at the discretion of the County, for which a Preliminary Map application has been made, shall be subject to the provisions of this Chapter, unless said parcel has previously fully met the requirements of this Chapter.

(b)

Dedication of Public Land. As a condition of final approval for a discretionary Development Permit application for a parcel in the Mountain House Community, a Landowner shall dedicate any Public Land on said parcel, including Public Land Surplus lands, to the Applicable Public Agency.

(c)

Fulfillment of Public Land Acreage Requirement. As a condition of final approval for a discretionary Development Permit application for a parcel in the Mountain House Community, a Landowner shall meet the Public Land Acreage Requirement for said parcel. If the parcel has a Public Land Deficit, the Landowner shall correct such Public Land Deficit by:

(1)

Dedicating Public Land which is not on the subject parcel but which is within the Mountain House Community to the Applicable Public Agency, sufficient in acreage to meet said Public Land Deficit; and/or

(2)

Transferring fee title ownership of Private Land which is not needed for public facilities or services but which is within the Mountain House Community to the Mountain House Community Services District (hereinafter referred to as the MHCSD), sufficient in acreage to meet said Public Land Deficit; and/or

(3)

Submitting land vouchers to the MHCSD, sufficient in acreage to meet said Public Land Deficit; and or

(4)

Using any combination of the actions specified in (c)(1) through (c)(3).

(Ord. 3951, § 3 (part), 1997)

9-1245.6M - SPECIAL DEVELOPMENT REGULATIONS.

In addition to the provisions of Section 9-1245.5M, the following Special Development Regulations shall be applicable for the development of property in the Mountain House Community.

(a)

Irrevocable Offers of Dedication. If required by an Applicable Public Agency, a Landowner shall execute an irrevocable offer of dedication with respect to Public Land.

(1)

The MHCSD shall acknowledge that the irrevocable offer of dedication satisfies on an acre-per-acre basis the Public Land Acreage Requirement on the subject parcel by noting said fact either on the irrevocable offer of dedication or on a separate instrument which is to be recorded.

(2)

The MHCSD shall issue a Land Voucher to the Landowner equivalent in acreage to the acreage specified in the irrevocable offer of dedication, if agreed to by the Landowner and if an application for a discretionary Development Permit has not been submitted for the subject parcel.

(b)

Special Calculation of Public Land Acreage Requirement. In instances in which fee title ownership of Public Land on a parcel within the Mountain House Community has been acquired from a Landowner for cash payment prior to the submission of a discretionary Development Permit application on said parcel, the following special regulations shall be applicable concerning the Public Land Acreage Requirement of the resulting parcel:

(1)

The Public Land Acreage Requirement of the resulting parcel shall be calculated by multiplying the sum of the gross acreage of the resulting parcel and the Public Land acquired from the Landowner by the Public Land Percentage.

(2)

The Public Land Acreage Requirement for the resulting parcel shall be indicated on the subdivision map at the time the Public Land is acquired from the Landowner. If a subdivision map is not utilized, the Public Land Acreage Requirement for the resulting parcel shall be indicated by a separate instrument which is to be recorded.

(c)

Land Vouchers for Advances. A Landowner who has provided cash advances to the MHCSD for the purpose of purchasing Public Land shall be issued a Land Voucher by the MHCSD equivalent in acreage to the land being acquired.

(Ord. 3951, § 3 (part), 1997)

9-1245.7M - EARLY DEDICATION OF LAND BY LANDOWNER.

A Landowner within the Mountain House Community may, prior to submitting an application for a discretionary Development Permit for a parcel, dedicate Public Land on said parcel to the MHCSD, provided the conditions for dedication specified in Section 9-1245.9M are met.

(Ord. 3951, § 3 (part), 1997)

9-1245.8M - SELECTION OF COMPENSATION OPTION BY LANDOWNER.

A Landowner who is to receive compensation from the MHCSD for Public Land Surplus land, and/or other Public Land that is required before an application for a discretionary Development Permit has been made with respect to the parcel containing such land, may choose any of the following compensation options:

(a)

The exchange of said land for available Private Land held by the MHCSD, provided the Private Land is equivalent in acreage to said land;

(b)

The exchange of said land for a Land Voucher provided by the MHCSD, provided the Land Voucher is equivalent in acreage to said land;

(c)

The exchange of said land for both available Private Land held by the MHCSD and a Land Voucher provided by the MHCSD, provided the Private Land and the Land Voucher together are equivalent in acreage to said land;

(d)

The sale of said land to the MHCSD for a price which is mutually agreed to or which is determined as a result of eminent domain proceedings.

(Ord. 3951, § 3 (part), 1997)

9-1245.9M - REQUIREMENTS FOR LAND DEDICATIONS AND TRANSFERS.

In dedicating Public Land in the Mountain House Community to an Applicable Public Agency, or in transferring fee title ownership of Private Land in the Mountain House Community to the MHCSD, the Landowner shall pay all transaction costs. The MHCSD may accept or refuse proposed transfers of Private Lands which are within the boundaries of the Mountain House Community but not within the boundaries of the MHCSD. The MHCSD shall accept proposed transfers of Private Lands which are within the boundaries of the MHCSD, provided said Private Lands meet the conditions for transfer specified in subsections (a) through (c) of this Section. The MHCSD or the Applicable Public Agency may accept or refuse proposed dedications of Public Lands which are within the Mountain House Community but not within the boundaries of the MHCSD. For Public Lands which are within the boundaries of the MHCSD, the MHCSD or the Applicable Public Agency shall accept such proposed dedications, provided the Public Lands to be dedicated meet the conditions for dedication specified in subsections (a) through (c) of this Section.

All lands to be transferred or dedicated within the boundaries of the MHCSD shall be:

(a)

Free of liens and encumbrances, excluding any of the following:

(1)

Liens and encumbrances waived by the MHCSD or the Applicable Public Agency;

(2)

A development agreement between one or more private parties and the County;

(3)

The Mountain House Master Covenants, Conditions, and Restrictions;

(4)

Oil, gas, and other mineral interests which do not encumber the surface, or the first one hundred (100) feet below the surface; and

(5)

Public utility easements that do not negatively affect the use of said land, for either the public use which is planned for said land or any use permitted in the zone in which said land is located.

(b)

Used exclusively for the purposes of the Public Land Equity Program; and

(c)

Part of a recorded subdivision map filed after November 28, 1997, or meets the minimum requirements of the zone in which said land is located at the time of dedication or transfer.

(Ord. 3951, § 3 (part), 1997)

9-1245.10M - LAND VOUCHER REGULATIONS.

The following regulations shall be applicable to Land Vouchers issued by the MHCSD:

(a)

Assignability. A Land Voucher may be assigned from one Landowner to another Landowner, subject to the approval of the MHCSD.

(b)

Redemption by MHCSD. The MHCSD may redeem a Land Voucher, or portion thereof, by exchanging an equivalent amount of Private Land, held in fee title by the MHCSD, for said Land Voucher. At its sole discretion, the MHCSD may redeem any outstanding Land Voucher with a cash payment to the holder of the Land Voucher.

(1)

Land Vouchers shall be redeemed in the order in which they were issued. If the holder of a Land Voucher does not desire to have said Land Voucher redeemed, the MHCSD shall redeem the Land Voucher next in the order issued.

(2)

Land Vouchers may be redeemed by the MHCSD at any time prior to the expiration of the mandatory retirement period, as specified in this Section, provided both the holder of the Land Voucher and the MHCSD agree to said redemption.

(3)

All Land Vouchers shall be retired by the MHCSD within fifteen (15) years from the first day of March succeeding its date of issuance. Said period of time shall hereinafter be referred to as the mandatory retirement period. On each succeeding March 1st, one (1) year shall automatically be added to the mandatory retirement period unless written notification is received from the holder of the Land Voucher at least ninety (90) days prior to March 1st, requesting redemption of the Land Voucher by the MHCSD by the end of the mandatory retirement period. Any further extension of the mandatory retirement period shall be provided by mutual agreement between the holder of the Land Voucher and the MHCSD.

(4)

If the MHCSD elects to redeem a Land Voucher by means of a cash payment, the amount of the cash payment shall be determined by multiplying the number of acres represented by the Land Voucher by the average value per acre of undeveloped land within the Mountain House Community, as established by fair market appraisal. The MHCSD may use the latest fair market appraisal of undeveloped land within the Mountain House Community to establish said average value per acre, provided the fair market appraisal has been computed no more than two (2) years prior to the date of the cash redemption of said Land Voucher.

(d)

Content of Land Vouchers. A Land Voucher shall specify the number of acres for which it was issued, the reason for its issuance, the conditions for acceptance of said Land Voucher including the requirement that the holder of the Land Voucher agree to the method for determining its cash payment value, and any other information deemed essential by the MHCSD.

(Ord. 3951, § 3 (part), 1997)

9-1245.11M - MOUNTAIN HOUSE PUBLIC LAND ACQUISITION FUND.

A Mountain House Public Land Acquisition Fund shall be established by the MHCSD for the purposes of this Chapter. Money generated as a consequence of the provisions of this Chapter shall be deposited within said fund. Money within said fund, and any interest generated therein, may be used solely for the following purposes:

(a)

Acquiring Public Land;

(b)

Redeeming Land Vouchers;

(c)

Providing reimbursements for the administrative costs accrued in administering the Mountain House Public Land Equity Program; and

(d)

Providing reimbursements for any inter-fund transfers and advances that may be necessary to assure adequate cash flow and for timely accomplishment of the necessary land acquisitions.

(Ord. 3951, § 3 (part), 1997)

9-1245.12M - ANNUAL REPORT.

The disposition of unexpended Public Land Acquisition Fund money and lands acquired by the MHCSD shall be included in the Mountain House Annual Report to the Board of Supervisors. The section of the Mountain House Annual Report concerning the Public Land Acquisition Program shall set forth the total amount of all money deposited in the Public Land Acquisition Fund in the year prior to the date of said report, a summary of the use of such revenues including the use of such revenues to redeem or retire Land Vouchers, and the funds which remain unexpended. The lands acquired by the MHCSD shall be enumerated, and a summary of the exchange of said lands for Land Vouchers, if any, shall be provided.

(Ord. 3951, § 3 (part), 1997)

9-1245.13M - USE OF SURPLUS PRIVATE LANDS OR FUNDS.

In the event that the MHCSD acquires more Private Lands, or funds generated from the sale of Private Lands held in fee title by the MHCSD and designated specifically for the redemption of Land Vouchers, than is actually determined to be needed for Public Lands identified in the Public Land Equity Program Technical Report, the MHCSD shall use said surplus Private Lands or funds only for projects or activities that provide a community-wide benefit.

(Ord. 3951, § 3 (part), 1997)

9-1245.14M - INAPPLICABILITY.

This Chapter shall not be applicable to lands required for a public use which are not included in the Public Land Equity Program Technical Report.

(Ord. 3951, § 3 (part), 1997)

CHAPTER 9-1260M - SPECIFIC PLAN REIMBURSEMENT FEES

9-1260.1M - INTENT.

It is the intent of this chapter to establish Specific Plan reimbursement fees, in accordance with Section 65456 of the Government Code, and to set forth the responsibilities of the parties involved in implementing the Specific Plan Reimbursement Program as provided in the Mountain House Public Financing Plan.

(Ord. 4033, § 3 (part), 1999)

9-1260.2M - FINDINGS.

In establishing Specific Plan reimbursement fees, the Board of Supervisors finds as follows:

(a)

Following extensive planning, environmental impact analysis, and public review, the Board of Supervisors adopted the Mountain House Master Specific Plan as an implementation measure to the San Joaquin County General Plan.

(b)

The Master Specific Plan sets forth a comprehensive plan for the Mountain House Community, including a Land Use Plan which designates and guides the location and amount of land for residential, commercial, industrial, institutional, and recreational uses. As a result of this Land Use Plan, Mountain House will be a well-planned community with each land use dependent on the other.

(c)

The Board of Supervisors has also adopted Specific Plan I and will adopt subsequent Specific Plans, as the primary implementation documents for the Master Specific Plan.

(d)

Specific Plans are both policy and regulatory documents, providing detailed information and instruction regarding the types, locations and densities of land uses; development phasing; zoning regulations; public infrastructure and services; development standards; and design guidelines. Adopted Specific Plans are critical precursors to actual physical on-site development, making possible the granting of land use entitlements.

(e)

Those developing property in the Mountain House Community will derive benefit from the adopted Master Specific Plan and subsequent Specific Plans, including the Supporting Documents, whose preparation and adoption has been paid for by the Master Developer and/or other Developers.

(f)

The Board of Supervisors has adopted the Mountain House Public Financing Plan which includes policies for reimbursing Developers, including the Master Developer, for the cost of preparing and adopting the Mountain House Master Specific Plan and subsequent Specific Plans, including the Supporting Documents.

(g)

In order to establish equity among Developers who benefit from the adopted Master Specific Plan and subsequent Specific Plans, including the Supporting Documents, it is necessary to create and implement a mechanism whereby the Master Developer and other Developers who have paid for the cost of said documents can recover their costs, in accordance with Section 65456 of the Government Code.

(Ord. 4033, § 3 (part), 1999)

9-1260.3M - REIMBURSEMENT FEES.

Two types of reimbursement fees are authorized in the Mountain House Community: the Master Specific Plan Reimbursement Fee, and a Specific Plan Reimbursement Fee.

(a)

Each reimbursement fee shall be established by a resolution adopted by the County, pursuant to this Chapter and to the Mountain House Public Financing Plan. The resolution shall describe the area of coverage for the respective reimbursement fee.

(b)

Reimbursement fees shall be based on the amended Specific Plan Reimbursement Program Technical Report which specifies the methodology and serves as the basis of the fee computation. The Specific Plan Reimbursement Program Technical Report is incorporated herein, as part of this Chapter, by this reference, and is on file with the San Joaquin County Community Development Department.

(c)

The amount owed on property subject to reimbursement fees shall be determined by multiplying the gross acreage of said property by each applicable reimbursement fee. The sum of the products from this calculation shall equal the total amount owed from reimbursement fees for said property.

(d)

A Developer who has paid for the cost of preparing and adopting a Specific Plan may request that the County establish a Specific Plan Reimbursement Fee for the area covered by said Specific Plan.

(e)

Reimbursement fees shall be automatically adjusted, commencing on July 1st of each succeeding year following adoption of said fees, by the change, if any, in the Consumer Price Index (CPI), San FranciscoOakland-San Jose Index for Urban Wage Earners and Clerical Workers—All items, published by the Bureau of Labor Statistics, U.S. Department of Labor (1967=100). The adjustment in reimbursement fees shall be calculated by multiplying each applicable reimbursement fee by a fraction having a numerator equal to the most recent June CPI and having a denominator equal to the June 2001 CPI.

(Ord. 4033, § 3 (part), 1999; Ord. 4126, § 1, 2001)

9-1260.4M - APPLICABILITY AND TIMING OF FEES.

Unless otherwise specified, all property within the Mountain House Community shall be subject to the Master Specific Plan Reimbursement Fee and any applicable Specific Plan Reimbursement Fee. The applicable reimbursement fee or fees shall be payable as a condition of, and upon the issuance of, any Development Permit, or any zoning or rezoning, affecting real property within the area covered by the Mountain House Master Specific Plan that (i) subdivides land under the California Subdivision Map Act or applicable local ordinance, or creates a new parcel of real property, or (ii) creates, authorizes, permits or allows any use that affords the beneficial owner of any such real property access to, or use of, development entitlements provided by or pursuant to the Mountain House Master Specific Plan, or any Specific Plan, including Specific Plan I. For the purposes of this section, "development entitlements" means the ability to

develop or use real property in a manner created by, or allowed pursuant to, the Mountain House Master Specific Plan, or any Specific Plan, including Specific Plan I, which did not exist prior to the adoption of such plan(s).

(Ord. 4033, § 3 (part), 1999)

9-1260.5M - EXEMPTIONS FROM FEES.

Property shall be exempt from the Master Specific Plan Reimbursement Fee or the applicable Specific Plan Reimbursement Fee or both said fees under any of the following circumstances:

(a)

If the subject property has previously fully met the fee requirements of this Chapter, the property shall be exempt from said fees;

(b)

If the Development Permit to develop the subject property is for a public facility, and the applicant for the Development Permit is a public entity, and the subject property is owned by the public entity the Development Permit shall not result in the imposition of said fees on the property, except in cases where the public entity obtains land through condemnation;

(c)

If the Master Developer or the Master Developer's assignee submits a Development Permit application to the County to develop property within the area covered by the Mountain House Master Specific Plan, the property shall be exempt from the Master Specific Plan Reimbursement Fee;

(d)

If a Developer, or the Developer's assignee, who has paid for the cost of preparing and adopting a Specific Plan submits a Development Permit application to the County to develop property in said Specific Plan area, the property shall be exempt from the applicable Specific Plan Reimbursement Fee.

(Ord. 4033, § 3 (part), 1999)

9-1260.6M - CREATION OF FEE FUNDS.

Reimbursement fees shall be deposited in either the Master Specific Plan Reimbursement Fee Fund or the relevant Specific Plan Reimbursement Fee Fund, whichever is applicable, that is established by the County to hold the revenue generated by the fees. Revenue within such funds, and any interest generated therein, shall be used solely for the purposes set forth in Section 9-1260.7M.

(Ord. 4033, § 3 (part), 1999; Ord. 4126, § 2, 2001)

9-1260.7M - USE OF FEES.

(a)

Revenues generated from the Master Specific Plan Reimbursement Fee shall be used for the following purposes:

(1)

To reimburse the Master Developer for the casts incurred by the Master Developer in the preparation and adoption of the Mountain House Master Specific Plan and the Supporting Documents, as specified in the Specific Plan Reimbursement Program Technical Report; and

(2)

To reimburse the County for the costs incurred in the administration of the Master Specific Plan Reimbursement Fee.

(b)

Revenues generated from a Specific Plan Reimbursement Fee shall be used for the following purposes:

(1)

To reimburse a Developer for the costs incurred by the Developer in the preparation and adoption of the applicable Specific Plan and the Supporting Documents, as specified in the Specific Plan Reimbursement Program Technical Report; and

(2)

To reimburse the County for the costs incurred in the administration of the applicable Specific Plan Reimbursement Fee.

(Ord. 4033, § 3 (part), 1999; Ord. 4126, § 3, 2001)

9-1260.8M - TERMINATION OF FEES.

Once the Master Developer or any other Developer has been fully reimbursed for all cost incurred by the Master Developer or any other Developer in preparing and adopting the Mountain House Master Specific Plan or the applicable Specific Plan, and the Supporting Documents, the applicable reimbursement fees shall cease to be collected and this Chapter shall be repealed. Any monies remaining in the Master Specific Plan Fee Fund or in the applicable Specific Plan Fee Fund shall be paid into the General Fund of the County.

(Ord. 4033, § 3 (part), 1999)

9-1260.9M - REFUND OF FEES PAID.

There shall be no refund of monies generated from the imposition of any reimbursement fees on property.

(Ord. 4033, § 3 (part), 1999)