Vacaville City Zoning Code

Fill in a gap between existing improvements and the land developer's property; or

Increase the size of the facility making it larger than standard size to serve later developing property; or

Mitigate localized traffic congestion or other inadequate public improvements;

The costs of preparing the Engineer's Report for the district, including estimates, diagrams, plats, and benefit schedules;

Management and administration of the project. However, when such management and administration is proposed to be undertaken by a private property owner, it shall be approved in advance by the City;

Testing, borings, and monitoring of property within the benefit district boundaries;

City fees for plan check and inspection;

Fees of other public agencies;

Compensation for any professional person employed to render services in the preparation of the Engineer's Report; or

Any other expenses incidental to the construction or installation of the improvements that have been approved by the City.

Facilities to be owned and maintained by the City. Any facility that will be owned and maintained by the City may be a candidate for a benefit district. Examples of this type of facility include, but are not limited to, the following: curb, gutter, and sidewalks, streets, water mains, street lights, traffic signals, sanitary sewer mains and lift stations, parking lots, drainage facilities, landscaping, medians, and interchanges;

Facilities to be owned and maintained by public or private utilities. New facilities to be owned and maintained by public or private utilities, such as electrical lines, gas lines, telephone and cable television, shall be eligible for benefit districts only if all parties in the proposed district agree to participate, and approve of the Engineer's Report. However, the cost of relocating existing facilities owned by a public utility may be included in the cost of a benefit district, if that relocation meets each of the following criteria:

Facilities owned by other public agencies. A benefit district for facilities owned by other public agencies, such as the state or county, shall be considered on a case-by-case basis.

Facilities to be owned and maintained by private parties; or

Facilities subject to fee credits. A benefit district shall not be formed for those public improvements, or portions thereof, required in conjunction with a development, which are eligible for development impact fee credits.

The name of the district;

A description of the project, showing existing and proposed improvements. The plans and specifications need not be detailed but shall be sufficient, as determined by the City Engineer, to show or describe the general nature, location and extent of the improvements. If the district is divided into zones, the plans and specifications will indicate the class and type of improvements to be provided in each zone. When detailed plans and specifications are prepared, a copy will be provided to the City Engineer. The detailed plans will be open for public inspection at the office of the City Engineer during normal business hours;

Calculations which clearly show the following items:

A statement that value adjustment is or is not being requested;

A diagram clearly showing the boundary of the district and the properties within it. The diagram may be of any convenient scale. The applicant shall also furnish the City with an eight-and-one-half-inch by 11-inch version of the diagram;

If the district has different zones of benefit, the various components of the Engineer's Report will clearly identify and explain those zones;

The name and address of the beneficiary of the benefit district; and

Written evidence to the satisfaction of the City Engineer that efforts have been made to obtain the lowest reasonable costs. The most acceptable method for doing so would be the submission of documentation that the contract was awarded to the lowest bidder in a competitive bidding process. However, whatever method is used, it shall be explained clearly, and accompanied by forms and calculations that are clear and easily understood.

Content of Notice. The notice shall contain:

Delivery of Notice. The notice shall be delivered at least 10 calendar days prior to the hearing date, as follows:

Order changes in any of the matters provided in the Engineer's Report, including changes in the improvements, the boundaries of the proposed benefit district and any zones therein, and the proposed diagram or the proposed benefit schedule; provided, that there are no increased costs to any of the properties within the proposed district, other than the land developer's property. If the change proposed by the City Council would result in increased costs to any of the properties within the district, other than the land developer's property, then the hearing shall be continued and a new notice indicating the proposed increases in cost shall be given in accordance with subsection B of this section;

Order, without further notice, the exclusion of territory from the proposed benefit district; provided, that there are no increased costs to any of the properties within the proposed district, other than the land developer's property. If there will be increased costs to any of the properties within the district, other than the land developer's property, then the hearing shall be continued and a new notice indicating the proposed increases in cost shall be given in accordance with subsection B of this section;

Order the inclusion of additional territory within the district upon written request by a property owner for the inclusion of his or her property;

Continue the public hearing and provide a new notice, in accordance with subsection B of this section, to property owners regarding the inclusion of their property into the district;

Determine whether a majority protest exists. A majority protest exists if, upon conclusion of the hearing, written protests filed and not withdrawn represent property owners owning more than 50 percent of the area of chargeable lands within the proposed benefit district or more than 50 percent of the allocable costs under the proposed benefit district after adjustments made during the public hearing. For that purpose, the extent of territory within the proposed benefit district shall be adjusted in conformance with any orders made by the City Council excluding territory from or including additional territory within the benefit district. In addition, for the purposes of calculating whether or not a majority protest exists, the land owned by the proponent of the benefit district shall be included, to the extent that such property is also benefited by the improvements:

Order the abandonment of the proceedings, even if it has determined a majority protest has not been filed, if the City Council finds that the formation of the district is not in the public interest; and

Adopt a resolution ordering formation of the benefit district and adopting and confirming the diagram and benefit schedule, if a majority protest has not been filed, or, if filed, has been overruled. The City Council may either approve the formation of the benefit district as originally proposed before the City Council or as changed by it:

That the Engineer's Report, benefit schedule, and other benefit district documents have been finalized. In finalizing the costs for any benefit district in which the Engineer's Report was based on estimated costs, the City Engineer shall use the following criteria:

That the improvement plans for the facilities included in the benefit district have been approved by the City Engineer and the Director of Public Works.

On the first January 1st following the formation of a benefit district, the City shall increase the costs of the improvements by a dollar amount equivalent to the result of multiplying the original cost amount(s) in the benefit district by the interest rate of the one year U.S. Treasury bill. The percentage of increase for the first adjustment will be prorated based on the number of months since the approval of the benefit district. These new amounts will be effective until January 1st of the next year and will be the new basis of costs for calculating the value adjustment for the following year;

On each January 1st following the first adjustment noted in subsection A.(1) of this section, the City shall increase the costs of the improvements by a dollar amount equivalent to the result of multiplying the current cost amount(s) in the benefit district by the interest rate of the one year U.S. Treasury bill. These new amounts will be effective until January 1st of the next year and will be the new basis of costs for calculating the value adjustment for the following year; and

Other than the adjustments noted in subsections A.(1) and (2) of this section, no other adjustments shall be made during the year.

In the case of a benefit district being formed prior to the construction of the eligible improvements, no payment to a beneficiary will be made by the City until all public improvements have been constructed and accepted by the City. In such case, any fees collected will be held by the City until the acceptance of the improvements. Interest, equivalent to the rate of interest earned by the City on its invested pooled cash, will be paid on the fees thus held, said interest commencing with the month the fees are deposited with the City; and

Except as noted above, upon receiving payments from property owners in the benefit district, those payments shall be put by the City into a special account and shall be paid to the beneficiary as soon as reasonable. No interest will be included from the date collected to the date paid unless payment is not made within six months from the date of deposit with the City. If interest is paid, the interest rate shall be equivalent to the rate on the one year U.S. Treasury bill as determined in subsection A of this section and shall commence on the one hundred eighty-first day after the fees have been deposited with the City.

Unless for unusual reasons specifically provided for by the City Council when the benefit district was initially approved, a benefit district will expire on the tenth anniversary of the approval of the district by the City Council. Such expiration shall be automatic and not require any action on the part of the City. At that time, the City will cease collecting the fees, and will forward any remaining fees at that date to the beneficiary; and

A developer initiated benefit district shall also expire if the improvements for which the district was formed are not commenced within two years of the date of the formation of the district or if the improvements are not completed within two years from commencement of construction.