Review Town Policies Regarding Dedication and Maintenance of Required Open Space in Residential DevelopmentsMEETING DATE: 2/23/96
ITEM NO. PLANNING (7)
COUNCIL AGENDA REPORT
DATE: February 23, 1996
TO: MAYOR AND TOWN COUNCIL �^
FROM: LARRY E. ANDERSON, TOWN ATTORNEY/) J
SUBJECT: REVIEW TOWN POLICIES REGARDING DEDICATION AND MAINTENANCE OF
REQUIRED OPEN SPACE IN RESIDENTIAL DEVELOPMENTS
Attachment 1 briefly summarizes 3 key procedures for maintaining dedicated open space. The Planning Director will
provide the Council with a brief history of where the various procedures have been used.
A ttachments:
1 - Alternative Mechanisms to Maintain Subdivision Open Space
PREPARED BY: LARRY E. ANDERSON, TOWN ATTORNEY
Reviewed by: Manager Finance Revised: 2/23/96 5:12 pm
Reformatted: 10/23/95
ALTERNATIVE MECHANISMS TO MAINTAIN
SUBDIVISION OPEN SPACE
OPEN SPACE
MAINTENANCE DISTRICT
(GOV'T CODE § 50575)
LANDSCAPING &
LIGHTING DISTRICT
(STREETS & HIGHWAYS
CODE § 22500)
HOMEOWNERS
ASSOCIATION
PROCESS
ASSESSMENT IS A PERCENTAGE
OF PROPERTY TAX VALUATION
(MAXIMUM RATE OF 50¢ PER
$100 VALUATION)
ASSESSMENT LEVIED
ANNUALLY
ASSESSMENT BASED ON
BENEFIT -- CAN BE VARIED OR
EQUALIZED
ASSESSMENT MUST BE
RENEWED EACH YEAR
ASSESSMENT ESTABLISHED
AND COLLECTED BY BOARD OF
DIRECTORS UNDER CC&R'S
STANDARDS OF MAINTENANCE
ESTABLISHED IN CC&R'S
AND/OR EASEMENTS TO TOWN
ADVANTAGES
NO MAJORITY PROTEST IF RATE
IS INCREASED
RESERVE FUND CAN BE
ESTABLISHED
SHORTENED PROCESS
TOWN CONTROLS
MAINTENANCE AND USE
COLLECTED WITH PROPERTY
TAX BILL
FAIRLY APPORTIONS COSTS IN
DISTRICT
DISTRICT PROCESS CAN BE
USED FOR WIDE VARIETY OF
PURPOSES
TOWN CONTROLS
MAINTENANCE AND USE
COLLECTED WITH PROPERTY
TAX BILL
HOMEOWNERS ASSESS
THEMSELVES
TOWN AVOIDS LIABILITY
HOMEOWNERS CONTROL
PROPERTY AND USE, SUBJECT
TO TOWN OVERSIGHT
DISADVANTAGES
BASED ON OUT-OF-DATE
ASSESSMENTS
UNFAIR CHARGES AS
REASSESSMENTS OCCUR
LACK OF PUBLIC INPUT
DIFFICULT TO EXPLAIN OR
UNDERSTAND
TOWN HOLDS TITLE AND
LIABILITY TO DISTRICT
PROPERTY
TOWN HAS LAST OPEN SPACE
MAINTENANCE DISTRICTS IN
THE STATE
COUNTY CHARGES COLLECTION
COST
ANNUAL ASSESSMENT PROCESS
IS STAFF AND MEETING
INTENSIVE
ASSESSMENT MAY NOT BE
INCREASED IF A MAJORITY
PROTEST -- NO APPARENT
ABILITY TO OVERRULE
NO RESERVE FUND POSSIBLE
TOWN HOLDS TITLE AND
LIABILITY TO DISTRICT
PROPERTY
UNLIKELY TO FUND
CATASTROPHIC DAMAGE
COUNTY CHARGES COLLECTION
COST
HOMEOWNERS MAY
DISREGARD MAINTENANCE
HOMEOWNERS MAY
DISREGARD USE RESTRICTIONS
PUBLIC'S USE OF SPACE MAY BE
CURTAILED -- USE WILL HAVE
TO BE DEFINED IN EASEMENTS
OR CC&R'S
HOMEOWNERS MAY NOT BE
ABLE TO OR WISH TO FUND
CATASTROPHIC DAMAGE
Other possible alternatives:
Transfer to Midpeninsula Regional Open Space District
Establishment a Community Facilities District to maintain the open space: requires a 2/3's voter approval to
impose the special tax
ATTACHMENT 1