This chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code of the State of California. The local park and recreation facilities for which dedication of land and/or payment of a fee is required by this chapter are in accordance with the recreation portion of the City of Mountain House General Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

As a condition of approval of a tentative map, the subdivider must dedicate land, pay a fee in lieu thereof, or a combination, at the option of the City, for park and recreational purposes according to the standards and formulas contained in this Chapter.

(Ord. 2024-18, § 1(Exh. A), 2024)

In consideration of the public interest, convenience, health, welfare, and safety, the City standard for local park and recreational purposes shall be three (3) acres of property for each one thousand (1,000) persons, in accordance with the recreation portion of the City of Mountain House General Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

The minimum amount of land to be dedicated shall be determined using the general standard in the following formula:

U × P × S = Minimum acreage dedication.

where:

U = Number of potential dwelling units within the subdivision.

P = Average number of persons in the dwelling unit type (e.g., single-family, mobile home, multi-family units) based on the latest U.S. Census.

S = Parkland standard of three acres per 1,000 people (3/1,000).

For the purposes of this Section, the number of potential new dwelling units shall be based upon the number of parcels indicated on the tentative map that are in an area zoned for one dwelling unit per parcel. When all or part of the subdivision is located in an area zoned for more than one (1) dwelling unit per parcel, the number of potential new dwelling units in the area so zoned shall equal the maximum allowed under that zone. In the case of a condominium project, the number of potential new dwelling units shall be the number of condominium units. The term "potential new dwelling unit" does not include dwelling units lawfully in place prior to the date on which the parcel or final map is filed.

Population per dwelling unit shall be the average household size for the proposed type of development as indicated in the latest census.

The subdivider may be required to:

(a)

Provide full street improvements and utility connections to dedicated land which is dedicated pursuant to this section;

(b)

Provide for fencing along the property line of that portion of the subdivision contiguous to the dedicated land; and

(c)

Provide other minimal improvements which the City Council determines to be essential to the acceptance o for recreational purposes.

The value of the above improvements shall be a credit against the dedication of land or the payment of fees required by this Chapter.

The land to be dedicated, pursuant to this Chapter, shall be approved by City Manager.

(Ord. 2024-18, § 1(Exh. A), 2024)

When a fee is to be paid in lieu of land dedication, the amount of such fee shall be based upon the following formula:

S × AC = Park fee per unit.

where:

P = Population per dwelling unit.

S = Parkland standard of three acres per 1,000 persons (3/1,000); AC = Acquisition Costs as determined by Section 9-1230.6.

Fees to be collected pursuant to this section shall be approved by the City Manager.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

Acquisition Costs shall be determined by the City as provided in this section.

(b)

Acquisition costs shall be set by a written appraisal report prepared and signed by an appraiser designated by the City, which evaluates the probable per acre Acquisition Cost of park land taking into consideration the Acquisition Costs of real property which has an approved tentative map, which is within urban centers or communities, and which is within the Planning Area.

(c)

Appraisals for Acquisition Costs shall be updated based upon cut-off dates for valuation of January 1 of each year. The Acquisition Costs which shall be applied to a particular subdivision shall be that based upon the appraisal report of the latest update immediately preceding the date of application is considered complete by the Community Development Department.

(d)

The Acquisition Costs for purposes of computation in Section 9-12-105, will consist of the estimated per acre value set out in the appraisal report.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

Agency Receiving Land or Fees. Land or fees required by this Chapter shall be conveyed or paid directly to the public agency that provides or will provide park and recreational services to the community in which the subdivision is located.

(b)

Appropriation of Fees. Collected fees shall be appropriated for a specific project in a budgetary year within five (5) years after payment or within five (5) years after the issuance of building permits on one-half (½) of the lots created by the subdivision, whichever occurs later.

(c)

Uncommitted Fees. Fees not committed, as provided for by this Section, shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

Determination of Land and/or Fees. When a tentative map is approved, the Review Authority shall determine whether to require dedication of land, the payment of a fee in lieu thereof, or a combination.

(b)

Basis for Determination. The above determination shall be consistent with the standards in this Chapter and shall be made upon consideration of the following factors:

(1)

The City of Mountain House General Plan;

(2)

The natural features, access, and location of the land available for dedication;

(3)

The size and shape of the subdivision and land available for dedication;

(4)

The location of existing or proposed recreation sites; and

(5)

For a subdivision of less than fifty (50) parcels, only the payment of fees is required except as otherwise provided by the State Subdivision Map Act for projects exceeding fifty (50) dwelling units. Subdivisions containing less than five (5) parcels and not used for residential purposes are exempt from the fees of this Chapter unless a building permit is requested for construction of a residential structure(s) on one or more of the parcels within four (4) years, in which case the owner of the parcel shall pay the fee required of this Chapter as a condition to issuance of a building permit for such parcel.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

Dedication of Land. Where the dedication of land is required, the transfer of land, or provisions thereof, shall be accomplished at the time of recording of the final map or parcel map.

(b)

Payment of Fee in-Lieu. Where the payment of a fee is required in lieu of land dedication, the fee shall be paid at the time of recording of the final map or parcel map, provided that:

(1)

The fees will be used to reimburse the public agency for expenditures previously made that will serve the subdivision; or

(2)

The fees will be collected for public improvements or facilities for which an account has been established.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

Amount of Credit. The land or fees required under Section 9-12-104 and Section 9-12-105 may be reduced, at the discretion of the Review Authority, by an amount equivalent to fifty percent (50%) of the area of land in the subdivision which is to be used for private park and recreation facilities.

(b)

Standards for Grant of Credit. To grant up to fifty percent (50%) credit for private open space, the Review Authority shall determine that it is in the public interest to do so and that all of the following standards are met:

(1)

The project shall be processed as a Planned Development;

(2)

Yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space;

(3)

The private park and recreation facilities shall be owned by a homeowner's association. If the homeowner's association is dissolved or no longer maintains the facilities, the City shall access the then property owner's records for fees in the amount that would be established at the time under the provisions of this Chapter. The County may accept land of equivalent value;

(4)

The use of the private open space shall be restricted for park and recreational purposes by recorded covenant which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the City;

(5)

The proposed private open space shall be reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location; and

(6)

Facilities proposed for the open space shall be in substantial accordance with the provisions of the recreation portion of the General Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

The provisions of this Division shall not apply to:

(a)

Agricultural, commercial, and industrial subdivisions; and

(b)

Condominium projects which consist of the subdivision of airspace in an existing apartment building which is more than five (5) years old, when no new dwelling units are added.

(Ord. 2024-18, § 1(Exh. A), 2024)

Nothing contained within this Chapter shall be construed to prohibit the entering into of a development agreement as authorized by the Government Code and this ordinance Code which addresses the issue of acquisition or dedication of park land provided, however, the dedication and acquisition as set out in this Title shall be considered the minimum standard and no development agreement shall provide for less than the standards and the amounts provided for in this Chapter.

(Ord. 2024-18, § 1(Exh. A), 2024)

The intent of this Chapter is to ensure that new development which is to be approved is served by adequate school facilities.

(Ord. 2024-18, § 1(Exh. A), 2024)

In addition to meeting any other requirements specified by this Title for the approval of projects, the proposed residential development(s) or Zone Reclassification(s) for residential development shall not be approved unless the school district provides documentation to the Planning Commission or City Council showing that adequate school facilities can be made available concurrently with the need for such facilities and including the following:

(a)

The school district has imposed all school mitigation fees pursuant to Government Code Section 53080 or equivalent mitigation measures not otherwise prohibited by statute;

(b)

The school district has filed a current copy of its School Facilities Plan with the Community Development Department;

(c)

Each school district's School Facilities Plan shall accurately document its existing facilities, provide future school facilities projections, both short- and long-term, and demonstrate the use of the current and projected revenues which are anticipated to meet those needs;

(d)

The School Facilities Plan shall also document the district's reasonable good faith efforts to seek all available funding, without substantial prejudice to the district's reasonable historical education standards, and a current presentation regarding the prospects for seeking and/or obtaining funds in the reasonably foreseeable future; and

(e)

The school district shall file any and all Amended School Facilities Plans with the Community Development Department within thirty (30) days after their adoption.

(Ord. 2024-18, § 1(Exh. A), 2024)

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. 2024-18, § 1(Exh. A), 2024)

In enacting and implementing the Public Land Equity Program by means of this Chapter, the Board of Supervisors found, and the City Council to the extent necessary and appropriate 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 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. 2024-18, § 1(Exh. A), 2024)

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. 2024-18, § 1(Exh. A), 2024)

Upon submission of a discretionary Development Permit application to develop a parcel, the City 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. 2024-18, § 1(Exh. A), 2024)

(a)

Parcels Subject to Chapter. All parcels for which a discretionary Development Permit application has been made, or, at the discretion of the City, 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 City, sufficient in acreage to meet said Public Land Deficit; and/or

(3)

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

(4)

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

(Ord. 2024-18, § 1(Exh. A), 2024)

In addition to the provisions of Section 9-12-305, 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 City 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 City 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 City for the purpose of purchasing Public Land shall be issued a Land Voucher by the City equivalent in acreage to the land being acquired.

(Ord. 2024-18, § 1(Exh. A), 2024)

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 City, provided the conditions for dedication specified in Section 9-12-309 are met.

(Ord. 2024-18, § 1(Exh. A), 2024)

A Landowner who is to receive compensation from the City 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 City, provided the Private Land is equivalent in acreage to said land;

(b)

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

(d)

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

(Ord. 2024-18, § 1(Exh. A), 2024)

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 City, the Landowner shall pay all transaction costs. The City 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 City. The City shall accept proposed transfers of Private Lands which are within the boundaries of the City, provided said Private Lands meet the conditions for transfer specified in subsections (a) through (c) of this Section. The City 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 City. For Public Lands which are within the boundaries of the City, the City 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 City shall be:

(a)

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

(1)

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

(2)

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

(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. 2024-18, § 1(Exh. A), 2024)

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

(a)

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

(b)

Redemption by City. The City may redeem a Land Voucher, or portion thereof, by exchanging an equivalent amount of Private Land, held in fee title by the City, for said Land Voucher. At its sole discretion, the City 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 City shall redeem the Land Voucher next in the order issued.

(2)

Land Vouchers may be redeemed by the City 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 City agree to said redemption.

(3)

All Land Vouchers shall be retired by the City 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 City 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 City.

(4)

If the City 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 City 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.

(c)

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 City.

(Ord. 2024-18, § 1(Exh. A), 2024)

A Mountain House Public Land Acquisition Fund shall be established by the City 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. 2024-18, § 1(Exh. A), 2024)

The disposition of unexpended Public Land Acquisition Fund money and lands shall be included in the Mountain House Annual Report to the City Council. 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 City shall be enumerated, and a summary of the exchange of said lands for Land Vouchers, if any, shall be provided.

(Ord. 2024-18, § 1(Exh. A), 2024)

In the event that the City acquires more Private Lands, or funds generated from the sale of Private Lands held in fee title by the City 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 City shall use said surplus Private Lands or funds only for projects or activities that provide a community-wide benefit.

(Ord. 2024-18, § 1(Exh. A), 2024)

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. 2024-18, § 1(Exh. A), 2024)

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. 2024-18, § 1(Exh. A), 2024)

In establishing Specific Plan reimbursement fees, the Board of Supervisors found, and the City Council to the extent necessary and appropriate 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 City of Mountain House 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. 2024-18, § 1(Exh. A), 2024)

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 City, 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 City of Mountain House 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 City 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 Francisco-Oakland-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. 2024-18, § 1(Exh. A), 2024)

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. 2024-18, § 1(Exh. A), 2024)

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 City 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 City to develop property in said Specific Plan area, the property shall be exempt from the applicable Specific Plan Reimbursement Fee.

(Ord. 2024-18, § 1(Exh. A), 2024)

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 City 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 9-12-607.

(Ord. 2024-18, § 1(Exh. A), 2024)

(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 City 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 City for the costs incurred in the administration of the applicable Specific Plan Reimbursement Fee.

(Ord. 2024-18, § 1(Exh. A), 2024)

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 City.

(Ord. 2024-18, § 1(Exh. A), 2024)

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

(Ord. 2024-18, § 1(Exh. A), 2024)

It is the intent of this Chapter to establish an Affordable Housing Impact Fee in order to promote the development of housing that is affordable to low-income households within the Mountain House Community through the use or application of fee revenues, as specified in the Mountain House Master Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

In establishing the Affordable Housing Impact Fee, the Board of Supervisors found, and the City Council to the extent necessary and appropriate 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 implementation measure to the City of Mountain House General Plan.

(b)

One of the principal objectives of the Mountain House Master Plan is to ensure that those who work in the community are able to afford to live in the community. By providing housing for all income groups who work within the community, certain benefits to the environment and residents will occur: reduced traffic congestion, improved air quality, increased opportunity for transit and bicycle use, and increased opportunity for pedestrian use throughout the community.

(c)

The presence of a housing supply affordable to all income groups also means that the community will be more likely to attract the employment base needed to achieve the jobs/housing balance required by the Mountain House Master Plan. This is critical to the success of the community. Prospective employers consider the availability of affordable housing for their employees as a highly desirable attribute in deciding where to locate their business. Consequently, the availability of a diverse and affordable housing stock will facilitate the development of employment opportunities, thereby helping to implement the concept of a balanced community as provided in the Mountain House Master Plan.

(d)

Although the market alone is anticipated to provide housing that is both available and affordable to all income groups, it is anticipated that there will be low-income and medium-income persons working in the community who will be unable to live in the community without some form of housing assistance.

(e)

Since residential development in the Mountain House Community will be dependent to some extent on the services provided by low-income and medium-income persons, it is essential that such residential development assume a reasonable share of the responsibility for providing a sufficient number of units which are affordable to these individuals.

(f)

In order to ensure the development of residential units which are affordable to low-income and medium-income persons who work in the Mountain House Community, it is necessary to assess an Affordable Housing Impact Fee against residential development, and to create and implement a mechanism whereby revenues generated from said fee can be utilized to fill affordability gaps for such income groups.

(g)

For certain categories of residential development, it is inappropriate to assess an Affordable Housing Impact Fee and therefore these categories are excluded from paying said Affordable Housing Impact Fee. These categories include second unit dwellings, Density Bonus Units, and Additional Town Center Units, that are specifically meant to provide affordable housing opportunities for low-income and medium-income persons; residential units in Pre-Existing Residential Areas that do not receive municipal utility services provided by the City of Mountain House; and remodeling projects and projects involving the replacement of existing residential structures up to the total livable area of said structures.

(Ord. 2024-18, § 1(Exh. A), 2024)

An Affordable Housing Impact Fee is hereby authorized in the Mountain House Community.

(a)

The Affordable Housing Impact Fee shall be established by a Resolution adopted by the City pursuant to this Chapter and to the Mountain House Public Financing Plan.

(1)

The Affordable Housing Impact Fee and any revisions thereto shall be based on the Affordable Housing Impact Fee Technical Report (AHFTR) which specifies the methodology and serves as the basis for the fee computation.

(2)

The Affordable Housing Impact Fee shall consist of two (2) components: a fee per dwelling unit square foot and a fee per lot square foot. Said fees shall be revised in accordance with the provisions of Subsections (c) of this Section.

(b)

The total amount owed on property subject to the Affordable Housing Fee shall be determined as follows:

(1)

For new construction, the total amount owed shall be determined by multiplying the livable area of the residential unit and the square footage of the subject property by the applicable fee components of the Affordable Housing Impact Fee and summing the results.

(2)

For additions to an existing residence, the total amount owed shall be determined by multiplying the liable area of the addition by the applicable fee component of the Affordable Housing Impact Fee.

(3)

For projects involved the replacement of an existing residential structure, the total amount owed shall be determined by multiplying the livable area exceeding the livable area of the prior structure by the applicable fee component of the Affordable Housing Impact Fee.

(c)

The components of the Affordable Housing Impact Fee shall automatically be adjusted on July 1st of each year based on the percentage change in the Mountain House Housing Index, as set forth in the Resolution pertaining to the Fee adopted by the City, for (MH Housing Index) the preceding fiscal year.

(Ord. 2024-18, § 1(Exh. A), 2024)

Unless otherwise specified, all residential construction within the Mountain House Community shall be subject to the Affordable Housing Impact Fee. Non-residential development shall not be subject to said fee.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following categories of residential development shall be exempted from the Affordable Housing Impact Fee:

(a)

Additional Town Center Units;

(b)

Density Bonus Units;

(c)

Projects involving the replacement of an existing residential structure but only up to the total livable area of the prior residential structure;

(d)

Remodeling projects;

(e)

Residential developments in Pre-Existing Residential Areas in which the zoning is AU-20; and

(f)

Second unit dwellings.

(Ord. 2024-18, § 1(Exh. A), 2024)

The total amount owed on property subject to the Affordable Housing Impact Fee shall be payable prior to the issuance of a building permit. The Director shall determine the total amount which is owed.

(Ord. 2024-18, § 1(Exh. A), 2024)

A Mountain House Housing Trust Fund (MHHTF) shall be established by the City 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, shall be used solely for the implementation and administration of the Affordable Housing Program for the Mountain House Community.

(Ord. 2024-18, § 1(Exh. A), 2024)

If a building permit lapses and becomes void, then the payer of the Affordable Housing Impact Fee amount shall be entitled to a refund, without interest, of said fee amount; provided that the portion of any fee amount received by the City as reimbursement of its costs in administering the provisions of this Chapter shall not be refunded.

(a)

The fee payer shall submit an application for a refund of the Affordable Housing Impact Fee amount paid to the City within ninety (90) calendar days of the expiration of the building permit.

(b)

Failure of the fee payer to submit a timely application for refund of the Affordable Housing Impact Fee amount shall constitute an absolute waiver of any right to a refund.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

In order to implement the goals and objectives of the General Plan and to mitigate impacts caused by new development within the City, a County Facilities Fee Program is necessary. The program is needed to finance region-serving Capital Facilities located throughout the County that are used by the residents and businesses within the city and to assure that new development pays its proportional share for these improvements.

(b)

Fee revenue collected pursuant to this ordinance shall be remitted to the County of San Joaquin who shall be responsible for administering the fee funds and constructing the Capital Facilities.

(c)

Title 7, Division 1, Chapter 5, Section 66000 et seq. of the California Government Code provides that Capital Facilities Fees may be enacted and imposed on Development Projects. The City Council finds and determines that:

(1)

New Development Projects cause the need for construction, expansion, or improvement of Capital Facilities within the County of San Joaquin.

(2)

Funds for construction, expansion, or improvement of Capital Facilities are not available to accommodate demand for service caused by Development Projects; which results in inadequate Capital Facilities within San Joaquin County.

(d)

The City Council finds that the health, safety, peace, morals, convenience, comfort, prosperity, and general welfare of the residents and businesses within the County will be enhanced by the adoption of County Facilities Fees for construction, expansion, or improvement of region-serving Capital Facilities.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Capital Facility Fee enacted pursuant to this Chapter is to be collected by the City before the issuance of building permits, or at approval of any discretionary permit if no building permit is required.

(Ord. 2024-18, § 1(Exh. A), 2024)

This Chapter is adopted under the authority of the Mitigation Fee Act, Title 7, Division 1, Chapter 5 of the California Government Code Sections 66000 et seq.

(Ord. 2024-18, § 1(Exh. A), 2024)

Words when used in this Chapter, and in resolutions adopted thereto, shall have the following meanings:

"Board of Supervisors" means the Board of Supervisors of the County of San Joaquin.

"Capital Facility" includes region-serving public improvements and community amenities normally provided by the County of San Joaquin.

"Nexus Report" means the San Joaquin County Facility Fee Nexus Report originally prepared in September 2003, as may be amended from time-to-time.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

The Board of Supervisors-adopted County Capital Facilities Fee in the amount established by a Board of Supervisor's resolution, as it existed and had been collected in Mountain House prior to the City's incorporation on July 1, 2024, was continued pursuant to section 24 of the San Joaquin Local Agency Formation Commission's Resolution 23-1526 Making Determinations, Approving and Ordering a Reorganization to Include Incorporation of Mountain House, etc.

(b)

In the event that the City Council desires to increase the amount of such fee, the following shall be done:

(1)

Identify the purpose of the Fee;

(2)

Identify the use to which the Fee is to be put;

(3)

Determine how there is a reasonable relationship between the Fee's use and the type of Development Project on which the Fee is imposed; and

(4)

Determine that there is a reasonable relationship between the need for the Capital Facility and the impacts caused by the type of Development Project on which the Fee is imposed.

(c)

In the event that the City Council desires to increase the amount of such fee, the City shall determine that there is a reasonable relationship between the amount of the Fee and the cost of the Capital Facility or portion of the Capital Facility attributable to the development on which the Fee is imposed as documented in the Nexus Report.

(d)

Upon receipt of funds from the City, derived through this Chapter, the County shall deposit, invest, account for, and expend the funds pursuant to California Government Code Section 66006.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

The County shall report to the City Council once each fiscal year concerning the Fees and accounts, including any portions of Fees remaining unexpended or uncommitted five (5) or more years after deposit. The Board of Supervisors shall make findings once each fiscal year with respect to any portion of the Fee remaining unexpended or uncommitted in its account five (5) or more years after deposit of the Fee, to identify the purpose to which the Fee is put, and to demonstrate a reasonable relationship between the Fee and the purpose for which it was charged.

(b)

A refund of unexpended or uncommitted Fee revenue for which a need cannot be demonstrated, along with accrued interest may be made to the current owner(s) of the development project(s) by the County on a prorated basis. The County may refund unexpended and uncommitted Fee revenue that have been found by the Board of Supervisors to be no longer needed, by direct payment or by off-setting other obligations owed to the County by the current owner(s) of the Development Projects(s).

(c)

If the administrative costs of refunding unexpended and uncommitted revenues collected pursuant to this Section exceed the amount to be refunded, County, after a public hearing, for which notice has been published pursuant to Government Code Section 6061 and posted in three prominent places within the area of the Development Project, may determine that the revenues shall be allocated for some other purpose for which the Fee is collected subject to this Title that serves the project on which the Fee was originally imposed.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

Prior to the issuance of any building permit, the applicant shall pay to the City the Fee as established by resolution of the Board of Supervisors or the City Council, as the case may be pursuant to Section 9-12-605.

(b)

The Fee shall be determined by the Fee schedule in effect on the date the vesting tentative map or vesting parcel map is approved, or the date a permit is issued.

(c)

If a development has multiple types of uses, the Fee will be collected proportionately on each use.

(d)

When application is made for a new building permit following the expiration of a previously issued building permit for which the Fee was paid, the Fee payment shall not be required, unless the Fee schedule has been amended during the interim, in this event, the appropriate increase or decrease shall be imposed.

(e)

In the event that subsequent development occurs with respect to property for which the Fee has been paid, an additional Fee shall be required only for additional square footage of development that was not included in computing the prior Fee.

(f)

When a Fee is paid for a Development Project and that project is subsequently reduced so that it is entitled to a lower Fee, the County shall issue a partial refund of the Fee.

(g)

When a Fee is paid for a Development Project and the project is subsequently abandoned without any further action beyond the obtaining of a building permit the payor shall be entitled to a refund of the Fee paid, less the administrative portion of the Fee.

(h)

If, following payment of the fee, a development is converted to a more intense use, a Fee shall be required which shall be the difference between the Fee paid and the current Fee for the more intense use.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

The County shall hold Fee revenues collected under this ordinance in a separate County Facility Fee account. Fee revenues accruing in this account shall be remitted quarterly to the County of San Joaquin to be expended for the purpose for which they were collected.

(b)

The County shall account for all Fee revenues, including interest accrued, and allocate them for the purposes for which the original Fee was imposed.

(Ord. 2024-18, § 1(Exh. A), 2024)

No Fee may be applied to building permits obtained solely for purposes of reconstruction of any residential, commercial, or industrial structure that is damaged or destroyed as a result of a natural disaster as declared by the Governor.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

The County has adopted a County Facilities Fee Nexus Report that indicates the approximate location, size, time of availability, and estimates of costs for region-serving Capital Facilities or improvements to be financed with County Facilities Fee funds.

(b)

The County shall annually submit a report to the City Council regarding the proposed uses of County Facilities Fee funding.

(c)

The County Facilities Fee schedule established by Resolution of the Board of Supervisors or the City Council, as the case may be pursuant to Section 9-12-605, shall annually be automatically adjusted by an amount determined by the increase in the Engineering Construction Cost Index for the previous year, as published by the Engineering News Record. The County shall provide the City with notice and documentation of the fee adjustments required, if any.

(d)

The County Facilities Fee schedule adopted by the Board of Supervisors or the City Council, as the case may be pursuant to Section 9-12-605, shall be annually reviewed by the City for consistency with the County Facilities Fee Nexus Report, as it may be updated from time-to-time.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Chapter and any subsequent amendment to the County Facilities Fee Program shall be read together. With respect to any County Facilities Fee enacted by resolution under this Chapter, any provision of such a County Facilities Fee which is in conflict with this Chapter shall be void.

(Ord. 2024-18, § 1(Exh. A), 2024)

A developer of any project subject to the Fee described in this Chapter may apply to the City Council for an adjustment to that Fee, based upon the absence of any reasonable relationship or nexus between the impacts of the development and either the amount of the Fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the City Clerk: (1) ten days prior to the public hearing on the development permit application for the project, or (2) if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The City Council shall consider the application at a public hearing held within sixty (60) days after the filing of the Fee adjustment application. City staff shall prepare a report and recommendation for City Council consideration. The decision of the City Council shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment, or reduction of the Fee. If adjustment is granted, any change in the proposed use of the applicable development project prior to issuance of a certificate of occupancy shall invalidate the adjustment of the Fee and payment of the Fee shall be made prior to issuance of certificate of occupancy.

(Ord. 2024-18, § 1(Exh. A), 2024)