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TIF for Residential, which includes Single- Family Detached, Multi-Family, Non-Permanent and Congregate Care uses, shall be collected in each TIF Area and Region in the amounts, as adjusted from time to time, set forth in the Fee Rate Tables attached to the TIF Report. Notwithstanding the foregoing, the following residential uses shall be exempt from the RTCIP Impact Fee:
(a) New moderate, low, very low, and extremely low income residential units as defined in California Health & Safety Code §§ 50079.5, 50105, 50106, and by reference in California Government Code § 65585.1.
(b) Government buildings, publicly owned buildings, public schools and public facilities.
(c) Rehabilitated, replacement or reconstructed residential structures, lawfully constructed.
(d) Guest dwellings and accessory dwelling units located on a lot with an existing single family dwelling. These fees will be refunded to all customers who applied for an accessory dwelling permit on or after January 9, 2019 and will be waived for customers after the effective date of the ordinance until January 9, 2024.
(e) Additional residential units located on the same parcel regulated by the provisions of any agricultural zoning.
(f) Kennels and catteries established in conjunction with an existing residential unit.
(g) The sanctuary building of a church, mosque, synagogue, or other house of worship.
(h) Condominium conversions.
(i) Any other residential structure exempted from the imposition of the RTCIP Impact Fee by the terms of the TransNet Extension Ordinance and Expenditure Plan, SANDAG Ordinance 04-01.0.
(Added by Ord. No. 9919 (N.S.), effective 4-27-08; amended by Ord. No. 10231 (N.S.), effective 12-30-12; amended by Ord. No. 10590 (N.S.), effective 3-1-19)
Credits, reductions and other offsets for the value of the construction of road improvements shall not be used to reduce the TIF otherwise owed, except for credits required by the TransNet Ordinance and Expenditure Plan, SANDAG Ordinance 04-01, to be applied to the RTCIP Impact Fee paid by residential developers. If a residential developer funds or constructs a TIF RAS improvement, the developer shall receive a credit in the form of a reimbursement for the improvement up to, but not exceeding, the cost estimates identified in the TIF Report for the RAS facility. If sufficient cash is available for full reimbursement from the RTCIP fund then the developer shall receive the credit in the form of cash payment. If RTCIP fund levels are insufficient to fully reimburse the developer, a cash reimbursement agreement shall be executed to allow for quarterly payments as RTCIP funds accrue. Developers are required to provide documentation of TIF RAS road construction as a condition of determining and applying a credit. RTCIP Impact Fee credit can only be applied upon completion and acceptance of construction of the TIF RAS road. Developers shall refund any credited amounts paid by the County that are subsequently disallowed by a SANDAG audit.
(Added by Ord. No. 10231 (N.S.), effective 12-30-12)
(a) The credit request shall contain a description of the project with a detailed cost estimate that itemizes those allowable costs of the construction attributable to construction of TIF RAS facilities and excludes any work attributable to non-TIF RAS facilities. Estimated cost of the facility will be based on the County's TIF Report. The estimate is programmatic in nature and the amount of the credit shall not exceed that identified in the TIF Report. Additional information shall be provided to the County by the developer upon request of the Director.
(b) The developer is also required to:
i. Prepare plans and specifications for approval by the Director;
ii. Secure and dedicate any right-of-way required for the TIF RAS facilities;
iii. Secure all required permits and environmental clearances necessary for the construction of the TIF RAS facilities;
iv. Provide performance bonds for 100 percent of the value of the TIF RAS facilities and payment bonds guaranteeing payment of persons entitled to file stop notices or claims of lien with the meaning of Part 6, Titles 1-3, commencing with Section 8000 of the California Civil Code in an amount equal to at least 50 percent of the value of the TIF RAS facilities;
v. Pay all fees and costs for construction of the TIF RAS facilities.
(c) The County will not be responsible for any of the up-front costs of constructing the TIF RAS facilities. The developer shall advance all necessary funds to construct the facilities. Allowable costs to be applied to the credit for TIF RAS facility improvements include project administration and management, design and engineering, off-site right-of-way acquisition, and construction costs as determined by the Director. On-site right-of-way and on-site environmental mitigation will not be reimbursed.
(d) The developer shall make all reasonable efforts to secure at least three qualified and responsible bids for work to be done and shall award the construction contract to the lowest qualified bidder. In the event three or more qualified and responsible bids cannot be obtained, the developer may still award the construction contract if the Director determines the lowest qualified bid is reasonable. Work on TIF RAS facilities may be included in a contract for other non-TIF RAS work, but must be clearly identified and separately bid. Should the construction contract be awarded to a qualified bidder who did not submit the lowest bid for the TIF RAS portion of the contract, the developer will only receive credit based on the lowest responsible bid received from any other bidders for the TIF RAS portion of the contract.
(e) All bids must be reviewed by the Director prior to contract award.
(f) When all TIF RAS facility improvement work has been completed and all claims of lien or stop notices claims have been finally resolved or the time to file claims of lien and stop notices has expired to the satisfaction of the Director, the developer shall submit verification of payments made for the construction of the facility to the Director. The Director shall make the final determination relative to expenditures that may be eligible for credit through reimbursement. The reimbursement shall not exceed the cost estimates for the RAS facility identified in the TIF Report.
(g) Prevailing Wage is Applicable. Current applicable prevailing wage is required to be paid for construction of all TIF RAS improvements for the improvements to be eligible for credit through reimbursement.
(Added by Ord. No. 10231 (N.S.), effective 12-30-12)
For developer reimbursement agreements for TIF RAS facility construction as described in Sec. 77.211, the maximum term of any reimbursement agreement shall be twenty-five (25) years or until reimbursements have been issued in full, whichever occurs first. After twenty-five (25) years, the agreement will expire regardless of whether or not sufficient RTCIP Impact Fees have been collected to reimburse all costs. Cash reimbursements for developer reimbursement agreements will be made from available RTCIP Impact Fee funds as follows:
(a) Payments shall be made quarterly within twenty-one (21) days after the end of each calendar quarter from available TIF RTCIP revenue.
(b) Definitions for Cash Reimbursement Payments.
i. Available TIF RTCIP Revenue means RTCIP Impact Fees paid into the TIF RTCIP Fund during a calendar quarter plus any accumulated TIF RTCIP revenue remaining from prior to the quarter not already appropriated to a project.
ii. Developer(s) TIF RAS Reimbursement means payment from the TIF RTCIP Fund due and payable to developers pursuant to reimbursement agreements for which reimbursement amounts have been determined prior to or during the calendar quarter.
iii. County TIF RAS Reimbursement means payment from the TIF RTCIP Fund for TIF RAS eligible project costs during a calendar quarter for TIF RAS Facility projects being accomplished by the County.
iv. Quarterly TIF Payments means Developer TIF RAS Reimbursement and County TIF RAS Reimbursement that become due for a calendar quarter (January 1 to March 31, etc.).
(c) Proportionality of Cash Reimbursements to Developer(s) and to the County.
i. If eligible Developers or County TIF RAS Reimbursements are both equal to or less than 50% of the quarter's Available TIF RTCIP Revenue, developers and County shall each be fully reimbursed.
ii. If both Developers and County have eligible TIF RTCIP Reimbursements that exceed 50% of a quarter's Available TIF RTCIP Revenue, then 50% of the available revenue shall be allocated to developers and 50% to County.
iii. If either Developers or County have eligible TIF RTCIP Reimbursements that are up to 50% of the quarter's available TIF RTCIP revenue and the other has eligible TIF RTCIP Reimbursements that exceed 50% of the quarter's available TIF RTCIP revenue, the one having up to 50% shall receive full reimbursement and the other shall receive up to the amount due from all remaining available TIF RTCIP revenue regardless of whether it exceeds 50%.
(d) Proportionality of Quarterly TIF Payments for Reimbursement of Available TIF RTCIP Revenue among multiple developer reimbursement agreements:
In those instances where the sum of the amount owed to all developers exceeds a quarter's available TIF RTCIP revenue allocated to reimburse developers, Quarterly TIF payments shall be made based on the ratio of each developer's initial reimbursement amount to the total of all developers’ initial reimbursement amounts for which payments are due for the quarter.
The following is an example of the allocation methodology: if there are two developer agreements eligible for TIF RTCIP reimbursements plus the County from the TIF RTCIP fund for a particular quarter:
The current available TIF RTCIP revenue for the quarter is assumed to be $200,000. Assume the County is entitled to $100,000 dollar reimbursement; the County would be eligible for 50% of the existing fund balance which equates to $100,000. The remaining 50% of $100,000 would be available to reimburse Developers A and B.
If the initial reimbursement amounts for Developers A and B and are $200,000 and $300,000 respectively, the remaining 50% of the quarter's Available TIF RTCIP Revenue ($100,000) shall be allocated between the developers as follows:
Developer A is owed $200,000 and Developer B is owed $300,000 or 40% and 60% of a total $500,000 owed reimbursement. Of the remaining $100,000 in TIF RTCIP funds for the quarter, Developer A receives a 40% reimbursement of $40,000 in TIF RTCIP funds and Developer B receives a 60% reimbursement or $60,000 in TIF RTCIP funds.
(Added by Ord. No. 10231 (N.S.), effective 12-30-12)
TIF for Non-Residential uses, which includes General Commercial, Furniture Stores, General Industrial, Offices, Warehousing & Storage, Government/Institutional, and Select Industrial, shall be collected in each TIF Area and Region in the amounts, as adjusted from time to time, set forth in the Fee Rate Tables attached to the TIF Report.
(Added by Ord. No. 9919 (N.S.), effective 4-27-08; amended by Ord. No. 10231 (N.S.), effective 12-30-12)
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