San Joaquin County Municipal Code Ch. 9 1245M - Public Land Equity Program

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)

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)

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)

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)

(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)

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)

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)

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)

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)

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)

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)

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)

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)

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)