§ 153.0202 — Financing of Public Facilities

§153.0202 Financing of Public Facilities

(a) Purpose and Intent The public health, safety and welfare require that residents in newly developing areas be adequately served with access, parks, schools, open space, libraries, fire stations, and other public facilities concurrent with the need. (b) Financial Responsibility All necessary public facilities shall be provided by the project applicant, either directly by the applicant or by other means such as a charge against the area within the Planned District, in accordance with the adopted Carmel Valley Planned District Ordinance. (c) Financial Program for Municipal Facilities The Municipal Facilities required for the Carmel Valley community shall be financed through four distinct programs: (1) Facilities Benefit Assessment (A) The Facilities Benefit Assessment may finance facilities which are related to the entire Carmel Valley community pursuant to Municipal Code Sections 61.2200 - 61.2216 (Facilities Benefit Assessment Ordinance). The facilities which may be provided by this assessment will be of four types. (i) For facilities which already exist outside of the Carmel Valley community, but which require additions or expansions to existing facilities to meet the requirements of the Carmel Valley community; such as, POLICE AND PUBLIC WORK FACILITIES. (ii) For new facilities necessitated by the Carmel Valley community; such as, FIRE STATION AND LIBRARY FACILITIES. (iii) For facilities which extend beyond the limit of the Carmel Valley community, whose service area is also greater than the Carmel Valley community and the need for which is not solely created by the Carmel Valley community; such as MASTER WATER SYSTEM (a connection of the Carmel Valley Water System to the Penasquitos Pipeline to the east, and necessary Freeway Facilities. Improvements so constructed may be subject to a reimbursement by the trust fund.) (iv) For facilities, within or without the Carmel Valley community, which are intended for the use of residents; such as, PARKS, OPEN SPACE RESERVE FUND, STREET SCENE IMPROVEMENTS (landscaping of the medians and rights-of-way along major streets), TRAFFIC SIGNALS at the intersection of major streets, and other transportation facilities. (B) Such Facilities Benefits Assessments shall be in accordance with the provisions of Municipal Code Sections 61.2200 - 61.2216, or as may be amended. The amounts assessed will be based on an estimate of the cost of the facilities as approved by a resolution of the City Council. Such assessment may be subject to an annual review and may be adjusted from time to time by the Council to reflect changes in the cost of the facilities, in accordance with the Facilities Benefit Assessment Ordinance. The assessment will be paid prior to the issuance of a building permit for each dwelling unit. In lieu of an assessment, the project applicant may construct facilities pursuant to an agreement with the City of San Diego, and also pursuant to Municipal Code Sections 61.2200 - 61.2216. Such an agreement may provide for reimbursement of the applicant from the trust fund for improvements constructed which benefit lands outside of the area of the applicant’s development plan. A single trust fund will be established for all the above-described facilities in an interest-bearing account, and interest shall be credited to the trust fund. The City Manager will be responsible for the following. (i) Administration of the trust fund including the maintaining of a separate budget therefore; (ii) Planning for and scheduling of the construction of the facilities; and (iii) Disbursement of trust funds for construction or acquisition of the facilities. (2) Improvement District An Improvement District under the provisions of State law or local procedural ordinance may be created covering each precise plan area, or portions of one or more precise plan areas, to create assessments against the land to generate funds to finance facilities which are related to each individual planned district area by the amount of benefit received. The facilities to be provided by this improvement district may include, but not be limited to; major perimeter streets; both municipal and other public utilities and drainage facilities contained therein, the neighborhood park, siltation abatement structures, and the public recreation facilities associated with school site improvements. The boundary of each improvement district will be the centerline of the bordering perimeter streets, or other applicable limit, of each individual planned district area within the Carmel Valley community as the City shall determine. (3) On-site Municipal Improvements The on-site municipal facilities, those within the individual neighborhood and not provided for in Section 153.0202(c)(1) or (c)(2), such as: streets, stormdrains, and sewer, water, gas, power and telephone utilities, will be provided by the subdivider under the conventional bonded subdivision agreement. (4) Off-site Municipal Improvements The off-site municipal improvements are those outside of an individual precise plan area at the time of its development and not provided under the conventional subdivision process for off-site improvements. The off-site improvements so constructed may be subject to a reimbursement agreement between the person who constructed the improvements and the City of San Diego. Reimbursement pursuant to that agreement will be generated by the subdivider(s) of the subsequent precise plan areas, where adjacent, and will be paid to the appropriate subdivider(s) as and when such funds are generated within the subareas covered by the reimbursement agreement. (d) School Facilities (1) School Facilities shall be provided concurrently with development in such a manner as to serve the primary and secondary educational needs of the community. (2) Prior to the approval of a tentative subdivision map and approval of a development plan filed pursuant to Section 153.0401(a), the developer shall demonstrate compliance with the terms of a Carmel Valley Schools Facilities Master Plan. (e) Implementation No final subdivision map for the development of the property shall be approved by the City Council unless and until the following have been accomplished: (1) A financing plan for all public facilities needed to support the project, as required by the Carmel Valley Community Plan has been adopted pursuant to Council Policy 600-28; (2) There has been established by resolution a Facilities Benefit Assessment applicable to the property covered by the development plan, or a greater area, and the City Council has by resolution set the amount of such assessment when such assessment shall be used to finance public facilities; (3) The City Council shall have awarded a contract for any improvements to be financed pursuant to the San Diego Improvement District Procedural Ordinance or Improvement District to provide utilities and public improvements necessary to serve the property covered by the development plan; (4) The City Council has (a) amended Land Development Code Section 144.0420 to permit the Council to authorize that unpaid special assessments may survive the filing of a final subdivision map and become a lien on the parcels created by the subdivision, and (b) amended Municipal Code Section 61.0339 to permit Improvement District bonds to be issued subject to the right of the City of San Diego to permit the division of parcels securing such bonds and to issue two or more new bonds as replacement for any outstanding bond without the consent of the bondholder when such amendments are necessary for the financing of public facilities; (5) The City Council has amended by resolution the map of Population-based Park Service Districts to consolidate all property subject to the Improvement District into one community park district; and (6) The City Council has established an open space maintenance district including at least the property covered by the Development Plan pursuant to the "San Diego Maintenance District Procedural Ordinance."

(“Financing of Public Facilities” added 3-27-2007 by O-19590 N.S.; effective 4-26-2007.)