Chapter 14.15.010
General Provisions
Sections:
14.15.010.040 Eligibility of Improvements.
14.15.010.010 Title.
This division shall be known as the Benefits District Ordinance of the City of Vacaville.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.15.010.020 Purpose.
This division is enacted to establish the creation of a funding mechanism to reimburse the City or property owners who advance the construction of certain public improvements that provide a localized benefit to other adjacent properties. The enactment of this division is needed in order to accomplish the following purposes:
A. To provide an equitable reimbursement process for private developers where they have been required to install excess improvements to:
1. Fill in a gap between existing improvements and the land developer’s property; or
2. Increase the size of the facility making it larger than standard size to serve later developing property; or
3. Mitigate localized traffic congestion or other inadequate public improvements;
B. To avoid duplication of effort, economic inefficiency, and the waste of public and private resources;
C. To establish a process for the City to collect funds for present and future improvement projects that benefit a localized area and for which the improvements are not encompassed within City-wide or zone of benefit development impact fee programs;
D. To comply with the provisions of the Subdivision Map Act which requires that a city shall agree to reimburse a subdivider when that subdivider is required to install improvements having supplemental size, capacity, number or length, that benefits property not within the subdivision; and
E. To ensure that the necessary public improvements are installed consistent with the policies of the Land Use, Transportation, and Safety Elements of the City’s General Plan.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.15.010.030 Definitions.
The definitions contained in this division govern the construction and interpretation of the provisions of this division unless the context requires otherwise. The definition of a word or phrase also applies to any variation of that word or phrase. Other general terminology shall have the definitions assigned to them in Division 14.02.
A. “Beneficiary” means the party who will be reimbursed by the benefit district. Except in unusual circumstances, each benefit district will only have one beneficiary.
B. “Benefit district” or “district” means a local improvement benefit district formed pursuant to this Division.
C. “Construction” as used in this division includes construction of the improvements, design, and construction engineering, and, when applicable, the acquisition of right-of-way.
D. “District Engineer” means the engineer of the benefit district, whether employed by the City or a property owner or developer. The District Engineer is the person responsible for preparing the Engineer’s Report.
E. “Engineer’s Report” means the document furnished by the District Engineer which explains the benefit district, describes the improvements and construction to take place, and allocates the costs of the district equitably among the properties benefited.
F. “Improvement” means any public improvement installed, or agreed to be installed, by the property developer within publicly owned property or easements, which will serve the localized area of the benefit district. “Improvement” also refers to such other public improvements, the installation of which, either by the land developer, a public agency, or public or private utility, or by any other entity approved by the City, or by any combination thereof, as necessary or convenient for the construction of public improvements or to insure conformity with or for the implementation of the General Plan. However, an “improvement” shall be an obligation beyond that which is normally considered to be the sole responsibility of a land developer.
G. Incidental Expenses. This may include:
1. The costs of preparing the Engineer’s Report for the district, including estimates, diagrams, plats, and benefit schedules;
2. 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;
3. Testing, borings, and monitoring of property within the benefit district boundaries;
4. City fees for plan check and inspection;
5. Fees of other public agencies;
6. Compensation for any professional person employed to render services in the preparation of the Engineer’s Report; or
7. Any other expenses incidental to the construction or installation of the improvements that have been approved by the City.
H. “Invested pool cash” means the City’s pooled portfolio as managed by the Director of Finance.
I. “Land developer” means the owner, subdivider, or other person responsible for constructing and installing the improvements for which reimbursement will be sought under authority of a benefit district, and his or her lawful successors and assignees.
J. “Value adjustment” means a sum of money to be added annually to the initial cost of installing the improvements to reflect inflationary increases. When applicable to a benefit district, this amount shall be derived in accordance with Section 14.15.040.010.A.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.15.010.040 Eligibility of Improvements.
The following criteria shall be used to determine if the proposed improvements are eligible for inclusion within a benefit district:
A. Previously constructed public improvements can be proposed to be included within the benefit district; provided, that the improvements have not been accepted by the City.
B. Type of Improvement. The various types of improvements that are eligible to be included within benefit districts are as follows:
1. 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;
2. 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:
a. The utility relocation is necessitated by the construction of some other eligible public improvement for which the benefit district is being formed;
b. The public utility is not being increased in size, capacity, or number; and
c. The developer provides a statement from the utility company that there will be no reimbursement for the facility by the utility company; and
3. 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.
C. The following facilities are not eligible to be included within a benefit district:
1. Facilities to be owned and maintained by private parties; or
2. 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.
(Ord. 1972, Repealed and Replaced, 02/22/2022)