San Joaquin County Municipal Code Div. 1 Development Fees

This chapter codifies the principle that new development within the community should fund the costs of the community facilities required to serve development. It is the intent of this chapter to establish the community facilities fee pursuant to the implementation mechanisms described in the Mountain House master specific plan, public financing plan, and supporting documents. In order to implement the goals and objectives of the master specific plan for the community regarding community facilities, and to mitigate the impact of development within the community and surrounding areas, certain community facilities must be designed and constructed. The board has determined that a community facilities fee is needed in order to finance these public improvements.

(Ord. 4080 § 1 (part), 2000)

The Board finds and declares as follows:

(a) Following extensive planning, environmental impact analysis, and public review, the Board of Supervisors adopted the Mountain House master specific plan and other community approvals as an implementation measure to the San Joaquin County general plan.

(b) The environmental impact reports prepared for the community, certified by the County and found to legally comply with the California Environmental Quality Act (CEQA) by the San Joaquin County Superior Court, identified certain impacts associated with the development of the project. The development impacts from construction of the community are mitigated through the implementation measures identified in the master specific plan and related documents and through the land use planning of the community which provide for orderly and economical growth by placing homes and employment together.

(c) The master specific plan sets forth a comprehensive plan for the community, including a land use plan, which designates and guides the location and amount of land for residential, commercial, industrial, institutional, and recreational uses.

(d) The board of supervisors has also adopted specific plan I and will adopt subsequent specific plans, as the primary implementation documents of the master specific plan.

(e) The Board of Supervisors has also adopted the public financing plan which enumerates certain goals. These goals include: (Goal 2) development within the Mountain House master plan shall finance the full costs of infrastructure needed to serve the area...; (Goal 4) future development within Mountain House shall pay the costs of mitigating impacts on existing facilities, infrastructure, and environment...; (Goal 4) infrastructure costs shall be allocated among master plan properties based on the principle of benefit received; (Goal 5) the County or CSD shall provide the necessary institutional framework for proposed financing entities and arrangements; and (Goal 6) mechanisms shall be established for ensuring the timely construction of public improvements, dedications of necessary public lands and rights-of-way, and reimbursement of disproportionate costs.

(f) The Board of Supervisors has adopted the public financing plan, which includes policies for reimbursing the master developer for the costs of forming and funding the community services district and its projects.

(g) The capital improvement program includes a description of the community facilities (including roadway improvements, intersections, and bridges), park facilities (including local, community, and regional), library facilities, public safety and community administration facilities, and all other community facilities as defined in the community approvals planned as a part of the community's development. In accordance with the master specific plan, the CSD intends to have developers construct community facilities to serve new development and to maintain or improve existing levels of service for traffic and community facilities.

(h) The community facilities fees technical report dated July 2000 was prepared pursuant to the policies contained in the public financing plan; the community facilities fee technical report is on file with the Clerk of the Board. The community facilities for which the community facilities fees will be used are specifically identified in a community facilities program, which is a schedule of costs included in the community facilities fees technical report. The community facilities fees technical report may be amended from time to time to reflect current conditions and circumstances and more refined engineering cost estimates.

(i) There are three types of infrastructure costs associated with the community: community facilities, transportation improvements, and utility facilities. Community facilities will be financed by the community facilities fees adopted pursuant to this chapter. Transportation improvements will be financed through the transportation improvement fee and are described in the MHTIF technical report and the ordinance establishing the fee. Utility facilities will be funded by the utility rates and related revenue bonds.

(j) The community facilities planned for the community are part of an integrated infrastructure and service system essential to ensure the public health, safety, and welfare of all landowners, residents, businesses, and employees within the community.

(k) The community facilities fees are based upon the adopted policy that new development generates additional residents, employees, and structures which in turn place an additional cumulative burden upon the county's infrastructure, and that such development should pay its proportionate share of the cost for new community facilities.

(l) The supporting documents provide the technical basis for the community facilities fees and are incorporated by reference into this chapter.

(Ord. 4080 § 1 (part), 2000)

This chapter is enacted pursuant to California Government Code Section 66000 et seq. and the authority vested in the CSD, a community services district formed pursuant to Division 3 (commencing at Section 61000) of Title 6 of the California Government Code.

(Ord. 4080 § 1 (part), 2000)

This chapter applies to special fees charged as a condition of approvals as described in Section MH-3-1104(c) to defray the cost of specified community facilities required to serve new development within the Mountain House master specific plan area, as delineated by the boundaries of the adopted master specific plan. The fees charged under this chapter do not replace subdivision map exactions, unless such exactions relate to the facilities funded pursuant to this chapter, or other measures required to mitigate site-specific impacts of a development project; other regulatory, development and processing fees; funding required pursuant to a development agreement or reimbursement agreement for amounts that may exceed a development's proportional share of facility costs; assessments charged pursuant to special assessment or benefit assessment district proceedings and which do not fund facilities to be funded by this community facilities fee; or property taxes, unless so specified.

(Ord. 4080 § 1 (part), 2000)

Type of development subject to fee.

(a) Establishment of Fees. A community facilities fee is established for new development in the community to pay for community facilities required to serve new development, including but not limited to park facilities, library facilities, and public safety and administration facilities. The fee shall not be collected until the Board, in a Board resolution:

(1) Sets forth the purpose of the fee;

(2) Identifies the specific use(s) of facilities to be financed;

(3) Describes how there is a reasonable relationship between the fee's use and the type of development project;

(4) Determines how there is a reasonable relationship between the need for the use(s) or community facilities and type(s) of development project(s);

(5) Determines the amount of the fee and the reasonable relationship between the amount of the fee and the cost of the community facilities or portion thereof attributable to the development; and

(6) Establishes a separate capital facilities account into which the fees shall be placed, provides for appropriation of the fees, and references the proposed construction schedule or plan adopted for the community facilities.

(b) Land Use Categories. The categories of master plan land uses for which the community facilities fee will be charged are:

(1) Very low density residential (R/VL);

(2) Low density residential (R/L);

(3) Medium density residential (R/M);

(4) Medium-high density residential (R/MH);

(5) Senior housing (designated as R/MH and R/H areas);

(6) High density residential (R/H);

(7) Neighborhood commercial (C/N);

(8) Community commercial (C/C);

(9) General commercial (C/G);

(10) Freeway service commercial (C/FS);

(11) Office commercial (C/O);

(12) Mixed use (M/X);

(13) Limited industrial (NOB) (I/L);

(14) Limited industrial (SOB) (I/L);

(15) General industrial (I/G);

(16) Public (P);

(17) Golf courses (OS/O);

(18) Marina (OS/O);

(19) Parks and other open space (designated parks and OS/O);

(20) Resource conservation (OS/RC).

(c) Amount of the Fee. The amounts and calculation of the community facilities fee shall be established by resolution of the Board and shall be based upon the following considerations:

(1) Developers shall pay for the construction of community facilities consistent with the master specific plan and which are included in the community facilities program if there is a reasonable relationship between the facilities being funded and the demands and needs generated by the new development.

(2) Each type of new development shall contribute to the funding of the community facilities included in the community facilities program in proportion to the need for the facilities created by that type of development.

(3) The community facilities funded by the community facilities fees and the calculations resulting in the community facilities fees are documented in the community facilities fee technical report.

(d) Applications Requiring Payment of Fee. All persons applying for development approvals shall pay community facilities fees to the community, unless a credit is due pursuant to Section MH-3-1107.

(e) Time of Payment. Community facilities fees shall be paid at the time of issuance of a construction building permit.

(f) Fee Unit. The unit basis of the fee shall be:

(1) Residential Fees. The community facilities fee for residential construction shall be charged for each new dwelling unit with a specific community facilities fee amount set for each unit type referenced in this chapter. No fees shall be charged to second units and density bonus units attached to single-family homes.

(2) Fees for Nonresidential Uses. The community facilities fee for nonresidential construction shall be charged on a per one thousand (1,000) square-foot basis of building for each land use type as referenced in this chapter.

(3) Fees for Other Uses. Uses not specified in the community facilities fee technical report or the community facilities fee resolution shall be calculated by the CSD on the basis of the facility costs and allocation methods used for the specified uses on a per residential unit or a per building square foot basis.

(g) Formula for Calculating the Fees. The community facilities fee shall be determined by a formula that is based on the cost of the required community facilities as defined in the community facilities program, the proportion of those costs attributable to development in the Mountain House master specific plan area, and each unit of the development's proportionate share of the Mountain House master specific plan area costs as a whole. These fee calculations are included in the community facilities fee technical report and shall be updated annually to reflect the percentage increase, if any, in the ENR Index, changes in construction costs, the amount of actual development to the extent that a development application provides for a different number of units than the basis for the fee calculation, the actual proportional share of costs as determined by additional engineering analysis, and other factors.

(h) Interest. All fees collected pursuant to this chapter shall be credited with interest on such fees while in the possession of the CSD. The interest earned shall be credited to the account in which the fee was deposited and shall be used solely to pay for the facilities authorized pursuant to this section and the Board resolution.

(Ord. 4080 § 1 (part), 2000; Ord. 4186 § 1, 2003)

The community facilities fee shall fund community facilities identified in the community facilities program that are attributable to the new development within the Mountain House master specific plan area as determined in the community facilities fee technical report and any future additions and amendments to the said report, all of which are incorporated in this chapter by this reference.

(a) The CSD shall deposit the fees collected under this chapter in a special fund that will permit the fee revenue to accrue to meet the various funding requirements of these distinct infrastructure improvement programs.

(b) The fees and all interest earned on accrued funds shall be used to:

(1) First: reimburse a developer as provided in Section MH-3-1106; and

(2) Second: fund the costs of the community facilities specified in the community facilities program.

(Ord. 4080 § 1 (part), 2000; Ord. 4186 § 2, 2003)

Developers shall be entitled to reimbursements from the community facilities fee revenue, as follows:

(a) If a developer installs community facilities included in the community facilities program at certified costs that exceed the amount of the developer's community facilities fee obligation due to oversizing, such developer shall be entitled to lump sum reimbursement by other developers whose properties benefit from the improvements. Reimbursements shall be permitted for the cost difference after the CSD's final determination regarding the reasonableness of the costs. Reimbursement shall not be available if the value of the constructed and dedicated improvements is below the actual or estimated total fee obligation for a given project. Until paid in full, the reimbursement amount will escalate by the percentage increase, if any, in the ENR Index.

(b) Payments made to developers for oversizing through project reimbursement agreements shall be limited to the revenues collected from the portion of the annexation fee dedicated to reimbursements for facilities costs and from the community facilities fee, unless at its discretion the Board elects to supplement the reimbursement to a developer from other funding sources.

(c) Construction costs shall be certified in accordance with the process set forth in the CSD actions.

(d) Where there are multiple project reimbursement agreements between the CSD and different developers, the community facilities fee revenue will be allocated according to seniority, such that the developer with the oldest project reimbursement agreement is reimbursed first and the developer with the most recent project reimbursement agreement is reimbursed last.

(e) To the extent community facilities fee revenues are available and applicable, the CSD shall distribute such revenues to developers who have entered into project reimbursement agreements with the CSD on a quarterly basis.

(Ord. 4080 § 1 (part), 2000)

Developers shall receive credits against their community facilities fee obligations, as follows:

(a) If a developer constructs and dedicates to the CSD, intends to construct and dedicate to the CSD, or pays for the construction of community facilities, such developer shall be entitled to a credit against the community facilities fee that developer is otherwise obligated to pay for the developer's fair share of the cost of the facility constructed.

(b) The amount of the credit shall be based on the amount of the estimated design and construction costs as shown in the current facilities plan. The credit shall be increased/decreased once the actual construction costs are certified as set forth in the CSD actions.

(c) When there is a delay between the point in time at which the CSD accepts the improvements for which the credit was provided, and the point in time when the developer is required to pay the community facilities fee, any credit balance shall be increased each July 1st based on the percentage increase, if any, in the ENR Index since the prior July 1st.

(d) A credit against community facilities fees may be assigned to subsequent developers or builders.

(Ord. 4080 § 1 (part), 2000)

Fees collected pursuant to this chapter do not replace existing development fees charged by the County or other jurisdictions. The Board may specifically provide, or limit requirements or conditions to provide additional site-specific mitigation of site-specific impacts imposed upon development projects as part of the normal development review process.

(Ord. 4080 § 1 (part), 2000)

During the annual review of the community facilities fee, the Board shall make a finding with respect to any fee revenue not expended or committed five years or more after it was paid. If the Board finds that the fee revenue is not committed, it shall authorize a refund to the then owner of the property for which the fee was paid, pursuant to Government Code Section 66001.

(Ord. 4080 § 1 (part), 2000)

The community facilities fee authorized by this chapter and implementing Board resolution(s), the accumulated fee funds and their appropriation, and supporting documentation, including the community facilities fee technical report, shall be reviewed annually by the Board.

(Ord. 4080 § 1 (part), 2000)

The CSD shall not collect the community facilities fee established by this chapter once funds sufficient to construct all facilities, or to provide for all necessary reimbursements for the construction of all facilities, described in the master specific plan and the community facilities program in effect at the time of termination have been collected.

(Ord. 4080 § 1 (part), 2000)

This chapter codifies the principle that new development within the community should fund the costs of the transportation improvements required to serve development. It is the intent of this chapter to establish the transportation improvement fee pursuant to the implementation mechanisms described in the Mountain House master specific plan, public financing plan, and supporting documents. In order to implement the goals and objectives of the master specific plan for the community regarding transportation improvements, and to mitigate the impact of development within the community and the surrounding areas, certain transportation improvements must be designed and constructed. The Board of Directors has determined that a transportation improvement fee is needed in order to finance these transportation improvements and to pay the development's fair share of the costs of improvements outside of the boundaries of the community.

(Ord. 4078 § 1 (part), 2000)

The Board of Directors of the CSD finds and declares as follows:

(a) Following extensive planning, environmental impact analysis, and public review, the Board of Supervisors adopted the Mountain House master specific plan and other community approvals as an implementation measure to the San Joaquin County general plan.

(b) The environmental impact reports prepared for the community, certified by the County and found to legally comply with the California Environmental Quality Act (CEQA) by the San Joaquin County Superior Court, identified transportation impacts associated with the development of the project. The development impacts on the existing transportation infrastructure and development impacts from construction of the community are mitigated through the implementation measures identified in the master specific plan and related documents and through the land use planning of the community which provides for orderly and economical growth by placing homes and employment together.

(c) The master specific plan sets forth a comprehensive plan for the community, including a land use plan, which designates and guides the location and amount of land for residential, commercial, industrial, institutional, and recreational uses.

(d) The Board of Supervisors has also adopted specific plan I and will adopt subsequent specific plans, as the primary implementation documents of the master specific plan.

(e) The Board of Supervisors has also adopted the public financing plan which enumerates certain goals. These goals include: (Goal 2) development within the Mountain House master plan shall finance the full costs of infrastructure needed to serve the area...; (Goal 4) future development within Mountain House shall pay the costs of mitigating impacts on existing facilities, infrastructure, and environment...; (Goal 4) infrastructure costs shall be allocated among master plan properties based on the principle of benefit received; (Goal 5) the County or CSD shall provide the necessary institutional framework for proposed financing entities and arrangements; and (Goal 6) mechanisms shall be established for ensuring the timely construction of public improvements, dedications of necessary public lands and rights-of-way, and reimbursement of disproportionate costs.

(f) The Board of Supervisors has adopted the public financing plan which includes policies for reimbursing the master developer for the costs of forming and funding the community services district and its projects.

(g) There are three types of infrastructure costs associated with the community: community facilities, transportation improvements, and utility facilities. Community facilities will be financed by the community facilities fee and is described and defined in the community facilities program. Transportation improvements will be financed by the transportation improvement fee and is described and defined in the MHTIF technical report and this chapter. Utility facilities will be funded by the utility rates and related revenue bonds.

(h) The public financing plan includes a description of the transportation improvements (including roadway improvements, intersections, and bridges) planned as a part of the community's development; and in accordance with the master specific plan, the CSD intends to have developers fund and/or construct the transportation improvements to serve new development and to maintain or improve existing levels of service for traffic.

(i) A MHTIF technical report for the transportation improvement fee, dated March 20, 2000, was prepared by OpTrans, Inc., pursuant to the policies contained in the public financing plan; the MHTIF technical report is on file with the Clerk of the Board. The transportation improvements for which the transportation improvement fee will be used are specifically identified in the MHTIF technical report. The MHTIF technical report may be amended from time to time to reflect current conditions and circumstances and more refined engineering cost estimates.

(j) The transportation improvements planned for the community are part of an integrated infrastructure and service system essential to alleviate traffic congestion and ensure the public health and safety of all landowners, residents, businesses, and employees within the community.

(k) The adoption of this chapter is necessary to implement the master specific plan to provide for the transportation services and facilities needed for the community. In implementing this chapter, the Board is authorized to mitigate the transportation impacts caused by development of the community utilizing any of the implementation measures identified in the master specific plan.

(l) Transportation improvement fees are based upon the adopted policy that new development generates additional residents, employees, and structures, which in turn place an additional cumulative burden upon the County's infrastructure, and that such development should pay its proportionate share of the cost for new transportation improvements and are consistent with the implementation measures authorized in the master specific plan and supporting documents.

(m) The supporting documents provide the technical basis for the transportation improvement fee and are incorporated by reference into this chapter.

(n) Implementation of a fee as prescribed in this chapter along with participation in the County's traffic impact mitigation fee program will result in the mitigation of transportation impacts identified in the master specific plan and related documents.

(Ord. 4078 § 1 (part), 2000)

This chapter is enacted pursuant to California Government Code Section 66000 et seq. and the authority vested in the CSD, a community services district formed pursuant to Division 3 (commencing at Section 61000) of Title 6 of the California Government Code.

(Ord. 4078 § 1 (part), 2000)

This chapter applies to special fees charged as a condition of approvals as described in Section MH-3-1204 to defray the cost of specified transportation improvements required to serve new development within the Mountain House master specific plan area, as delineated by the boundaries of the adopted master specific plan. The fees charged under this chapter do not replace subdivision map exactions, unless such exactions relate to the facilities funded pursuant to this chapter, or other measures required to mitigate site-specific impacts of a development project; other regulatory, development, and processing fees; funding required pursuant to a development agreement or reimbursement agreement for amounts that may exceed a development's proportional share of facility costs; assessments charged pursuant to special assessment or benefit assessment district proceedings and which do not fund facilities to be funded by this fee; or property taxes, unless so specified.

(Ord. 4078 § 1 (part), 2000)

(a) Establishment of Fees. A transportation improvement fee for traffic impact mitigation is established for new development in the community to pay for transportation improvements to mitigate the impact related to the new development, including but not limited to major arterials, traffic signalization, roadway improvements, bridge construction, and reconstruction. The fee shall not be collected until the Board, in a Board resolution:

(1) Sets forth the purpose of the fee;

(2) Identifies the specific use(s) of facilities to be financed;

(3) Describes how there is a reasonable relationship between the fee's use and the type of development project;

(4) Determines how there is a reasonable relationship between the need for the use(s) or transportation improvements and type(s) of development project(s);

(5) Determines the amount of the fee and how there is a reasonable relationship between the amount of the fee and the cost of the transportation improvements or portion thereof attributable to the development; and

(6) Establishes a separate capital facilities account into which the fees shall be placed, provides for appropriation of the fees, and references the proposed construction schedule or plan adopted for the public facilities.

(b) Land Use Categories. The categories of land uses for which the transportation improvement fee will be charged are:

(1) Very low density residential (R/VL);

(2) Low density residential (R/L);

(3) Medium density residential (R/M);

(4) Medium-high density residential (R/MH);

(5) Senior housing (designated R/MH and R/H areas);

(6) High density residential (R/H);

(7) Neighborhood commercial (C/N);

(8) Community commercial (C/C);

(9) General commercial (C/G);

(10) Freeway service commercial (C/FS);

(11) Office commercial (C/O);

(12) Mixed use (M/X);

(13) Limited industrial (NOB) (I/L);

(14) Limited industrial (SOB) (I/L);

(15) General Industrial (I/G);

(16) Public (P);

(17) Golf courses (OS/O);

(18) Marina (OS/O);

(19) Parks and other open space (designated parks and OS/O);

(20) Resource conservation (OS/RC).

(c) Amount of the Fee. The amounts and calculation of the transportation improvement fee established by resolution of the Board shall be based upon the following considerations:

(1) Developers will only pay for the construction of transportation improvements included in the MHTIF technical report if there is a reasonable relationship between the facilities being funded and the demands and needs generated by the new development.

(2) Each type of new development shall contribute to the funding of the transportation improvements included in the MHTIF technical report in proportion to the need for the facilities created by that type of development.

(3) The transportation improvements funded by the transportation improvement fee and the calculations resulting in the transportation improvement fee are documented in the MHTIF technical report.

(d) Applications Requiring Payment of Fee. All persons applying for development approvals shall pay transportation improvement fees to the CSD unless a credit is due pursuant to Section MH-3-1207.

(e) Time of Payment. Transportation improvement fees shall be paid at the time of issuance of a construction building permit.

(f) Fee Unit. The unit basis of the fee shall be:

(1) Residential Fees. The transportation improvement fee for residential construction shall be charged for each new dwelling unit with a specific transportation improvement fee amount set for each unit type referenced in this chapter.

(2) Fees for Nonresidential Uses. The transportation improvement fee for nonresidential construction shall be charged on each one thousand (1,000) square feet of building for each land use type as referenced in this chapter.

(3) Fees for Other Uses. Uses not specified in the MHTIF technical report or the transportation improvement fee resolution shall be calculated by the CSD on the basis of the facility costs and allocation methods used for the specified uses on a per residential unit or a per building square foot basis.

(g) Formula for Calculating the Fees. The transportation improvement fee shall be determined by a formula that is based on the cost of the required transportation improvements as defined in the MHTIF technical report, the proportion of those costs attributable to development in the Mountain House master specific plan area, and each unit of development's proportionate share of the Mountain House master specific plan area costs as a whole. These fee calculations are included in the MHTIF technical report and shall be updated annually to reflect the percentage increase, if any, in the ENR Index, changes in construction costs, the amount of actual development to the extent that a development application provides for a different number of units than the basis for the fee calculation, the actual proportional share of costs as determined by additional engineering analysis, and other factors.

(h) Interest. All fees collected pursuant to this chapter shall be credited with interest on such fees while in the possession of the CSD. The interest earned shall be credited to the account in which the fee was deposited and shall be used solely to pay for the transportation improvements authorized pursuant to this section and the Board resolution.

(Ord. 4078 § 1 (part), 2000; Ord. 4185 § 1, 2003)

The transportation improvement fee shall fund transportation improvements identified in the MHTIF technical report that are attributable to the new development within the master specific plan area as determined in the MHTIF technical report and any future additions and amendments to the said report, all of which are incorporated in this chapter by this reference.

(a) The CSD shall deposit the fees collected under this chapter in a special fund that will allow the fee revenue to accrue to meet the various funding requirements of the MHTIF technical report.

(b) The fees and all interest earned on accrued funds in each account shall be used only to:

(1) First: reimburse a developer as provided in Section MH-3-1206; and

(2) Second: fund the costs of the transportation improvements specified in the MHTIF technical report.

(Ord. 4078 § 1 (part), 2000; Ord. 4185 § 2, 2003)

Developers may be entitled to reimbursements from the transportation improvement fee revenue, as follows:

(a) If a developer installs facilities included in the MHTIF technical report at a certified cost that exceeds the amount of the developer's transportation improvement fee obligation due to oversizing, such developer shall be entitled to lump sum reimbursement by other developers whose properties benefit from the improvements. Reimbursements shall be permitted for the cost difference after the CSD's final determination regarding the reasonableness of the costs. Reimbursement shall not be available if the value of the constructed and dedicated improvements is below the actual or estimated total fee obligation for a given project. Until paid in full, the reimbursement amount will escalate by the percentage increase, if any, in the ENR Index.

(b) Payments made to developers for oversizing through project reimbursement agreements will be limited, in all cases, to the revenues collected from the portion of the CSD annexation fee dedicated to reimbursements for facilities costs, and from the transportation improvement fee, unless at its discretion the Board elects to supplement the reimbursement to a developer from other funding sources.

(c) Construction costs shall be certified according to the process set forth in CSD actions.

(d) Where there are multiple project reimbursement agreements between the CSD and different developers, the transportation improvement fee revenue will be allocated according to seniority, such that the developer with the oldest project reimbursement agreement is reimbursed first, and the developer with the most recent project reimbursement agreement is reimbursed last.

(e) To the extent transportation improvement fee revenues are available and applicable, the CSD shall distribute such revenues to developers who have entered into project reimbursement agreements with the CSD on a quarterly basis.

(Ord. 4078 § 1 (part), 2000)

Developers shall receive credits against their transportation improvement fee obligations, as follows:

(a) If a developer constructs and dedicates to the CSD, or intends to construct and dedicate transportation improvements to the CSD, such developer shall be entitled to credit against the transportation improvement fee that the developer is otherwise obligated to pay for the developer's fair share of the cost of the facility constructed.

(b) The amount of the credit shall be based on the amount of the estimated construction cost reflected in the MHTIF technical report. The credit shall be increased/decreased once the actual construction costs are certified as set forth in the CSD actions.

(c) When there is a delay between the point in time at which the CSD accepts the improvements for which the credit was provided, and the point in time when the developer is required to pay the transportation improvement fee, any credit balance shall be increased each July 1st based on the percentage increase, if any, in the ENR Index since the prior July 1st.

(d) A credit against transportation improvement fees may be assigned to subsequent developers or builders.

(Ord. 4078 § 1 (part), 2000)

Fees collected pursuant to this chapter do not replace development fee charges by other agencies, except as the Board may specifically provide, or limit requirements or conditions to provide, additional site-specific mitigation of site-specific impacts imposed upon development projects as part of the normal development review process.

(Ord. 4078 § 1 (part), 2000)

During the annual review of the transportation improvement fee, the Board shall make a finding with respect to any fee revenue not expended or committed five (5) years or more after it was paid. If the Board finds that the fee revenue is not committed, it shall authorize a refund to the then owner of the property for which the fee was paid, pursuant to Government Code Section 66001.

(Ord. 4078 § 1 (part), 2000)

The transportation improvement fee authorized by this chapter and implementing Board resolution(s), the accumulated fee funds and their appropriation, and supporting documentation, including the MHTIF technical report, shall be reviewed annually by the Board.

(Ord. 4078 § 1 (part), 2000)

The CSD shall not collect the transportation improvement fee established by this chapter once funds sufficient to construct all facilities, or to provide for all necessary reimbursements for the construction of all facilities, described in the then current MHTIF technical report have been collected.

(Ord. 4078 § 1 (part), 2000)

The Mountain House Community Services District ("CSD") is authorized under California Government Code Section 61621 to prescribe, revise, and collect rates or other charges for the services and facilities furnished by it.

(Ord. 4079 § 1 (part), 2000)

The CSD shall provide, operate, and maintain storm drainage facilities, wastewater treatment facilities, and water treatment facilities within the district for residential, commercial, industrial, and municipal purposes, and shall provide, operate, and maintain related systems.

(Ord. 4079 § 1 (part), 2000)

The charge for providing the services and facilities described in this chapter shall be initially established by the Board by resolution, with the exception of the stand-by charge on undeveloped land which is specified in Section MH-3-1303 of this chapter.

(Ord. 4079 § 1 (part), 2000)

As used in this chapter, undeveloped land means land for which a building permit has not yet been issued prior to June 30th of the prior fiscal year. The maximum service charge for undeveloped land in any fiscal year shall be established per acre in each separate parcel as shown on the latest equalized assessment roll. The maximum rates shall be as follows:

(a) Twenty-one dollars and ninety-eight cents ($21.98) per acre for water service;

(b) Forty-six dollars and sixty-three cents ($46.63) per acre for wastewater/storm drainage service.

(Ord. 4079 § 1 (part), 2000)

The maximum amounts set forth in Section MH-3-1303 may be increased each year: (a) by no more than an amount equal to the percentage increase, if any, in the ENR Index from the prior year, or (b) by resolution of the Board based on independent financial analysis finding that an increase in the maximum service charge greater than that permitted under clause (a) is required in order to avoid an anticipated shortfall in the operation and maintenance of a facility, in which case the greater increase authorized by this clause (b) shall also be levied on developed property in the community above the maximum rate then in effect for such developed property in the ratio set forth in Section MH-3-1305(b)(4).

(Ord. 4079 § 1 (part), 2000)

(a) No charge shall be levied on undeveloped land until the first phase of utility facilities have been completed, deemed operational, and connected to serve the first completed residential or commercial building in the community. After such time, the charges on undeveloped land set forth in Section MH-3-1303 may be levied each year without specific findings being made by the CSD until the following equivalent dwelling unit (EDU) thresholds are reached:

(1) For the undeveloped land charge for water facilities, four hundred sixty (460) water EDUs;

(2) For the undeveloped land charge for sewer/storm facilities, seven hundred fifty (750) sewer EDUs and seven hundred fifty (750) storm EDUs.

(b) Once the EDU threshold set forth above has been reached, the Board of Directors shall make the following findings prior to levying a charge on undeveloped land for the facility type (i.e., water or sewer/storm) for which the EDU threshold has been reached:

(1) It has been determined that operation and maintenance costs exceed revenues available from the utility rates and there are no other revenues available to help meet the anticipated funding shortfall;

(2) The CSD has investigated and implemented all possible expenditure reductions which would not cause a significant adverse impact upon the CSD's ability to provide utility services; and

(3) CSD staff has offered to meet with landowners that will be affected by the levy of the undeveloped land charge to discuss why operation and maintenance costs have increased from the original estimates.

(4) For each dollar ($1.00) proposed to be levied on an acre of undeveloped land, the Board will levy three dollars ($3.00) per acre of medium density residential property (EDU factor = 1.0) in addition to the rate established for such property when the original utility rate resolution was adopted (with such original rate escalated to the current fiscal year). Utility rates levied on other categories of developed property shall also be increased accordingly based on their assigned EDU factors, as shown in the utility facilities technical report.

(c) In any fiscal year in which the Board of Directors cannot make the findings set forth above, the authority to levy a charge on undeveloped land will terminate for that fiscal year, and no charge shall be levied on undeveloped land in that fiscal year or in any future fiscal year.

(Ord. 4079 § 1 (part), 2000)

The pledged facility component of the utility rates shall be a minimum amount which shall remain in effect until all utility facilities required to implement the entire master specific plan area have been acquired (and corresponding reimbursements paid, if applicable) pursuant to outstanding project acquisition or reimbursement agreements, or until such other obligations consistent with Section MH-3-1309 have been met. The pledged facility component per Equivalent Dwelling Unit (EDU) shall be the following:

Monthly Pledged Facility Component per Equivalent Dwelling Unit

The pledged facility component per EDU identified above shall be subject to a construction cost adjustment on July 1 of each fiscal year equal to the greater of either two percent (2%) or the percentage increase, if any, in the ENR Index (as defined in Section MH-1-3000) from the twelve (12) months concluding at the end of the preceding February, except for the adjustment on July 1, 2003, which shall be equal to the greater of either two percent (2%) or the percentage increase, if any, in the ENR Index for the period of July 1, 2002 through February 28, 2003.

Exhibit A of this chapter identifies the water, sewer and storm drainage EDU factors that will be used to determine the pledged facility component to be collected from each land use. These factors were determined by the MHCSD based on anticipated water, sewer and storm drainage usage and shall not be changed in any manner that reduces the pledged facility component for a particular land use category. In each fiscal year, MHCSD shall determine the pledged facility component for each land use category by multiplying the then-current pledged facility component per EDU by the applicable EDU factor shown in Exhibit A for each land use category and for each type of utility facility.

The Board may determine, pursuant to Government Code Section 61621, that a greater pledged facility component is appropriate for a particular fiscal year, but such determination shall apply to that fiscal year only and shall not affect the pledged facility component for future fiscal years.

At any time and at its sole option, the MHCSD may provide a developer or developers with a reimbursement or acquisition payment greater than the amount then on deposit from collection of the pledged facility component.

(Ord. 4079 § 1 (part), 2000; Ord. 4182(a) § 1, 2002)

The monthly service charges imposed herein shall be collected via monthly service bills and shall be used solely for the purposes specified in this chapter. The pledged facility component shall be deposited into separate interest-bearing facility funds for water and sewer/storm drainage, and the remaining utility rate revenues shall be deposited into operating and maintenance accounts for each type of facility. Revenues, including interest, in facility funds established by the CSD that are not committed to the repayment of debt service on revenue bonds shall, at the start of each quarter, be paid to developers with outstanding project acquisition agreements or reimbursement agreements.

(Ord. 4079 § 1 (part), 2000)

The monthly service charges imposed herein shall be used:

(a) To pay for the operations and maintenance of utility facilities;

(b) For purposes allowed for the pledged facility component as specified in Section MH-3-1309 of this chapter;

(c) To provide a reserve for capital replacement of utility facilities.

(Ord. 4079 § 1 (part), 2000; Ord. 4182(a) § 2, 2002)

In fiscal years 2002-03, 2003-04 and 2004-05, the pledged facility component of the monthly utility rates shall be used by the MHCSD to cover operation and maintenance (O&M) expenses and/or to establish reserves to cover future O&M costs. After fiscal year 2004-05, the pledged facility component shall be collected and used only for the following purposes in the following priority:

(a) To pay debt service on revenue bonds issued to cover the costs of acquisition from or reimbursement to developers for utility facilities;

(b) To acquire utility facilities from, or to reimburse, developers who have funded and/or designed and constructed utility facilities;

(c) To pay for design and construction of utility facilities, reasonable costs of outside consultant studies related thereto, and other certified costs;

(d) To reimburse the MHCSD for utility facilities constructed by the MHCSD with funds from other sources.

(Ord. 4079 § 1 (part), 2000; Ord. 4182(a) § 3, 2002)

The ordinance codified in this chapter becomes effective thirty (30) days after passage, and within fifteen (15) days after its final passage the General Manager of the community services district shall cause the ordinance codified in this chapter to be published and posted in the same manner as for counties as specified in California Government Code Section 25124.

(Ord. 4079 § 1 (part), 2000)

EXHIBIT A

EQUIVALENT DWELLING UNIT FACTORS FOR CALCULATION OF THE PLEDGED FACILITY COMPONENT FOR EACH LAND USE CATEGORY

(Ord. 4182(a) § 4, 2002)

It is the intent of this chapter to establish an annexation fee pursuant to the implementation mechanisms described in the master specific plan, public financing plan and supporting documents. The Board has determined that an annexation fee is needed in order to implement the goals and objectives of the master specific plan for the community and to establish equity among developers who derive benefit from the costs associated with the formation of the Mountain House Community Services District and investments in infrastructure by the Mountain House Community Services District or developers.

(Ord. 4081 § 1 (part), 2000)

The Board of the CSD finds and declares as follows:

(a) Following extensive planning, environmental impact analysis, and public review, the Board of Supervisors adopted the Mountain House master specific plan and other community approvals, 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.

(c) The Board of Supervisors has also adopted specific plan I and will adopt subsequent specific plans, as the primary implementation documents of the master specific plan.

(d) The Board of Supervisors has also adopted the public financing plan that enumerates certain goals. These goals include: (Goal 2) development within the Mountain House master plan shall finance the full costs of infrastructure needed to serve the Area...; (Goal 4) future development within Mountain House shall pay the costs of mitigating impacts on existing facilities, infrastructure, and environment...; (Goal 4) infrastructure costs shall be allocated among master plan properties based on the principle of benefit received; (Goal 5) the County or CSD shall provide the necessary institutional framework for proposed financing entities and arrangements; and (Goal 6) mechanisms shall be established for assuring the timely construction of public improvements, dedications of necessary public lands and rights-of-way, and reimbursement of disproportionate costs.

(e) The Board of Supervisors has adopted the public financing plan which includes a policy that pre-development costs associated with establishing the master plan and related financing and organizational implementation efforts shall be included, as appropriate, in reimbursement agreements or public financings that are established.

(f) The master developer paid the formation costs of the Mountain House Community Services District, and has funded many of the CSD's projects, operations and activities.

(g) Those developing property in the Mountain House Community will derive benefit from the CSD and its projects, operations and activities.

(h) In order to establish equity among those developing property, to reimburse the master developer for its disproportionate share of funding the CSD's projects, operations and activities, and to assure the timely construction of public improvements, it is necessary to create and implement an annexation fee.

(Ord. 4081 § 1 (part), 2000)

This chapter is enacted pursuant to California Government Code Section 66000 et seq. and the authority vested in the CSD, a community services district formed pursuant to Division 3 (commencing at Section 61000) of Title 6 of the California Government Code.

(Ord. 4081 § 1 (part), 2000)

This chapter applies to special fees charged as a condition of annexation. The fees charged under this chapter do not replace subdivision map exactions, unless such exactions relate to the facilities funded pursuant to this chapter, or other measures required to mitigate site-specific impacts of a development project; other regulatory, development and processing fees; funding required pursuant to a development agreement or reimbursement agreement for amounts that may exceed a development's proportional share of facility costs; assessments charged pursuant to special assessment or benefit assessment district proceedings; or property taxes, unless so specified.

(Ord. 4081 § 1 (part), 2000)

(a) Establishment of Fees. An annexation fee is established for property annexing to the CSD to pay for CSD capital projects, planning and formation costs, and to reimburse developers for the funding of previous oversizing of such projects. The fee shall not be collected until the Board, in a Board resolution at the time of each annexation:

(1) Sets forth the specific purposes of the fee;

(2) Identifies the specific use(s) of facilities to be funded;

(3) Describes how there is a reasonable relationship between the fee's use and the type of development project;

(4) Determines how there is a reasonable relationship between the need for the use(s) and type(s) of development project(s);

(5) Determines the amount of the fee and how there is a reasonable relationship between the amount of the fee and the cost of the projects and activities of the CSD thereof attributable to the development; and

(6) Establishes which accounts the fees shall be placed, provides for appropriation of the fees, and references the plan adopted for the use of such fees.

(b) Amount of the Fee. The amounts and calculation of the annexation fee established by resolution of the Board shall be based upon and include the following:

(1) The annexing property's lump sum "fair share" of the costs of infrastructure as determined by reference to the cost allocations determined pursuant to the CSD's transportation improvement fee, community facilities fee, financial implementation plan, public financing plan, and other applicable determinations of "fair share" costs. The annexing property shall receive a credit against future fee obligations related to the facilities funded pursuant to this chapter. Infrastructure costs shall escalate by the percentage increase, if any, in the ENR Index from the time incurred until the annexation fee is paid. For purposes of this section, infrastructure that has been funded shall include completed infrastructure, infrastructure under construction or proposed for construction for which funds have been irrevocably committed.

(2) The annexing property's proportionate share of the costs of the following plans and programs to implement the community approvals to the extent that such plans and programs benefit the annexing party as determined pursuant to application of the nexus standards set forth in Government Code Section 65456 applicable to specific plans. Preparation of the community-wide GIS; community monitoring plan; CSD development standards; CSD landscape and irrigation specifications; fire agreement and protection plan; master storm water plan; master potable water plan; master sewer plan; water conservation plan and ordinance; sewer ordinance; community facilities fee ordinance; community facilities fee resolution; transportation improvements fee ordinance; transportation improvements fee resolution; cost estimates for sewer, water, storm drainage, parks, community facilities, and local roads; open space, parks, recreation and leisure plan; CalTrans cooperative agreement and memorandum of understanding; transit plan; traffic demand management and construction truck management plan; Byron Bethany irrigation district water service agreement, Byron Bethany irrigation district—department of water resources winter water exchange agreement; local agency formation commission proceedings; CSD budget and financial analysis prior to formation of the CSD; revenue bond election; CSD election; CSD special legislation; CSD formation. These costs shall escalate each year by the percentage increase, if any, in the CPI.

(c) Applications Requiring Payment of Fee. All persons applying for annexation to the CSD shall pay annexation fees to the CSD.

(d) Time of Payment. Annexation fees shall be paid at the time of annexation as a condition thereof.

(e) Fee Unit. The fee shall be a lump-sum amount determined at the time of annexation, and will be determined separately for each owner involved in an annexation based on the land uses designated on the owners' property.

(f) Formula for Calculating the Fees. The annexation fee shall be calculated pursuant to a formula described by a Board resolution prepared for each annexation.

(g) Interest. All fees collected pursuant to this chapter shall be credited with interest on such fees while in the possession of the CSD. The interest earned shall be credited to the account in which the fee was deposited and shall be used solely to pay for the uses authorized pursuant to this section and the implementing resolutions.

(h) Distribution of Annexation Fees. The CSD shall distribute fees collected under this chapter within sixty (60) days after collection to parties due a reimbursement for the costs which were factored into the calculation of the annexation fee.

(i) Use of Annexation Fees. The fees and all interest earned on accrued funds shall be used to:

(1) Reimburse the master developer;

(2) Reimburse developers for oversizing of infrastructure; and

(3) Acquire privately funded infrastructure; and

(4) Fund the costs of other community facilities, transportation improvements and utility facilities.

(Ord. 4081 § 1 (part), 2000)

Credit against the fee shall only be allowed up to the amount of reimbursements owed to a developer for privately funded formation costs, interim CSD funding, CSD projects, community facilities, transportation improvements, and acquisition and reimbursement costs owed to a developer for utility facilities, for previous improvements and expenditures.

(Ord. 4081 § 1 (part), 2000)

Fees collected pursuant to this chapter do not replace existing development fees, except as the Board may specifically provide, or limit requirements or conditions to provide additional site-specific mitigation of site-specific impacts imposed upon development projects as part of normal development review process.

(Ord. 4081 § 1 (part), 2000)

Annexation fees shall be placed in appropriate accounts and used for reimbursements or acquisition, as appropriate, within sixty (60) days of their collection. To the extent fees are collected for other purposes during the annual review of annexation fee, the Board shall make a finding with respect to any fee revenue not expended or committed five (5) years or more after it was paid. If the Board finds that the fee revenue is not committed, it shall authorize a refund to the then owner of the property for which the fee was paid, pursuant to Government Code Section 66001.

(Ord. 4081 § 1 (part), 2000)

The annexation fee authorized by this chapter and implementing Board resolution(s), the accumulated fee funds and their appropriation, and supporting documentation shall be reviewed annually by the Board.

(Ord. 4081 § 1 (part), 2000)

The CSD shall not collect the annexation fee established by this chapter once funds sufficient to construct all facilities, or to provide for all necessary reimbursements, have been collected.

(Ord. 4081 § 1 (part), 2000)