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The Community Development Department (CDD) helps guide the physical development and redevelopment of the town while protecting and maintaining the quality of its physical environment. The key instrument in this effort is the Town of Paradise General Plan. The General Plan is a statement of how Paradise citizens view their community, how they envision its future and most importantly how they intend to deal with the planning and development issues facing the community. Proposals for new development, redevelopment and modifications to existing developments are measured against the adopted policies and programs of the General Plan. The Community Development Department is responsible for matters regarding planning, building, building inspections and permits, code enforcement, and dial-a-ride transit services. The Department includes the following Divisions: Planning, Building, Solid Waste Management, and Code Enforcement. Planning Division Building
Division Click here for Building Division Statistics for 2006 Code Enforcement Division Click here for more information regarding Code Enforcement Solid Waste Management
8/1/05 The Town Council recently adopted Local Goals, Policies and Procedures for use by developers and the Town with the formation of Mello-Roos Community Facilities Financing Districts that are now required with any large-scale residential, commercial or industrial development project. Copies of these policies and procedures are provided in their entirety at the Community Development Department web page on this site. The Town requires (as of February 24, 2004) that large-scale developments form a Mello-Roos Community Facilities District for the following projects:
The requirement for large-scale projects to form Mello-Roos CFD's is the result of a growing concern by both the Town Council and Town management that such projects would become a long-term drain on the Town's limited financial resources. Furthermore, these types of projects will adversely affect the Town's ability to meet existing infrastructure, infrastructure maintenance, and public safety needs. Finally, many projects of this type do not pay their fair share of the long-term impacts of the project, especially in terms of maintenance and impact on public services. For more information concerning the formation of a Mello-Roos Community Facilities Financing District you may contact the Town Manager, Assistant Town Manager or Community Development Director at 530-872-6291 TOWN OF PARADISE Local Goals, Policies and Procedures for Use of Mello-Roos Community Facilities District Financing 1. INTRODUCTION The Town of Paradise has adopted this document to set forth the Town’s local goals, policies and procedures for the use of Chapter 2.5 of Part 1 of Title 5 of the California Government Code, the Mello-Roos Community Facilities Act of 1982 (the "Act"), to finance public facilities, and/or their ongoing maintenance, as well as public services, required as a condition of development approval or otherwise. This document will assist developers in making realistic business and planning decisions concerning development and redevelopment within the Town. The Town will consider property-owner or developer-initiated applications requesting formation of a community facilities district pursuant to the Act and the issuance of bonds to finance the construction, or maintenance, or acquisition of eligible public facilities, or providing of applicable public services, or a combination thereof. The decision as to whether or not to utilize the Town’s authority to form any such districts rests solely in the discretion of the Town, based on the amended Town policy adopted by the Town Council, on February 24, 2004, and attached as Exhibit "B" and made a part hereto. All costs, including consultant costs, incurred by the Town in the evaluation of new development (or redevelopment) projects and district formation applications, and in the establishment of a district pursuant to the Act, and the issuance of bonds shall be paid by the applicant/developer by advance deposit increments. It is the expressed intention of the Town in adopting this policy, that the Town shall be reimbursed for all of its costs associated with the formation of districts, the issuance of bonds and otherwise implementing the public financing. Where provision has been made to reimburse the applicant/developer from bond proceeds for those amounts paid to the Town hereunder, such reimbursement shall be limited to expenses legally chargeable to the district according to the opinion of bond counsel. To the extent that such expenses are not legally chargeable to the district, they shall be borne by the applicant/developer. 2. APPLICATION PROCESS The following comprises the Town’s application process for the formation of a district covered by this policy.
complete, staff will prepare a transmittal report to the Town Council, forwarding the application for Council consideration, with staff’s recommendation. If the Council approves the application, Council will direct staff to select consultants and negotiate necessary contracts with the applicant/developer , including but not limited to a deposit and reimbursement agreement. 3. DISTRICT COSTS AND REIMBURSEMENT POLICIES
prior
to formation of the district, including but not limited to, consultant
costs (e.g., legal counsel, engineer firms, appraisers, special tax
consultants, financial advisors), Town staff and administrative costs
and related expenses, cost of providing notices, printing and
publication costs, and all expenses directly or indirectly relating to
these items, shall be advanced by the applicant/developer prior to
formation. The Town may require the applicant/developer to enter into a
deposit and reimbursement agreement with the Town in a form
satisfactory to the Town.
The Town shall retain any consultants necessary for the formation of a district, review of the financing, and issuance of bonds, including but not limited to, the underwriter(s) and underwriters’ counsel; bond counsel; disclosure counsel; financial advisor; special tax consultant; engineer; appraiser; market absorption study consultant; and any other consultant deemed necessary by the Town in its judgment to complete the district proceedings and/or the issuance of bonds. The cost reimbursement provisions of this policy shall apply to all costs and expenses incurred by the Town in employing such consultants. An applicant/developer may retain consultants for its own benefit, but will still be required to work through those consultants hired by the Town. If the applicant/developer does retain its own consultants, all costs associated therewith shall be borne exclusively by the applicant/developer, without reimbursement from bond proceeds or otherwise. No firm may serve as both design engineer and assessment engineer (or special tax consultant) in proceedings relating to the same district (see Government Code § 87100.1). 5. ELIGIBLE PUBLIC FACILITIES AND SERVICES Facilities eligible for district financing are those permitted to be financed by the Act and must be owned by the Town or another public agency or public utility and must have a useful life of at least five years. Eligible improvements include, but are not limited to, streets and arterials; right-of-way acquisitions; street lights; traffic signals and safety lighting; water, storm drain, drainage and sewer improvements; landscape and irrigation facilities; fire and police stations; parks and recreational facilities, open space improvements; public parking; bicycle and pedestrian facilities; utility relocations; public utilities; libraries; cultural facilities; child care facilities; transit/transportation improvements; maintenance of new facilities; and the provision of certain services (if applicable), that may be eligible for financing under this document, and which are authorized improvements under the Act. Public right-of-way easements and/or lands which are dedicated by a developer as a condition of a development entitlement will not be eligible for bond financing. 6. PRIORITY FOR FINANCING The eligibility of a facility, ongoing maintenance of eligible facilities, and/or services, for financing and the priority for the financing of facilities, maintenance, and/or services will be determined at the sole discretion of the Town. In general none of these types of improvements or services will have priority over any others.
The development proposed within the district must be consistent with the Town’s adopted General Plan, Redevelopment Plan, and any other applicable, adopted Town plan. All property within the proposed district must possess land use determinations of sufficient certainty, and facility and/or service requirements of sufficient specificity, assuring that each parcel can be adequately taxed pursuant to the Act. Each applicant/developer will be required to enter into all agreements incident to district processing which the Town deems necessary, in a form acceptable to the Town Agreements that might be required by the Town, depending on the nature and typeof district formation, may include, but not be limited to:
As a condition to the issuance and sale of bonds, all agreements required by the Town shall be duly approved and executed by the parties thereto. Prior to execution of any agreements, such agreements shall be reviewed by the bond counsel and Town Attorney, and such other consultants as the Town believes are appropriate.
It is the policy of the Town to comply with all provisions of the Act including, but not limited to, Section 53345.8, as such Section may be amended from time to time. It is the goal of the Town to conform, as nearly as practicable, to the California Debt and Advisory Commission’s Appraisal Standards for Land-Secured Financings, as such standards may be amended from time to time, provided, however, that this Town Council may additionally amend such standards from time to time as it deems necessary and reasonable, in its own discretion, to provide needed public improvements and/or services within the Town, while still accomplishing the goals set forth herein. Unless otherwise specifically approved by the Town Council as provided in Section 53345.8(b) or (c) of the Act, the district property value-to-lien ration shall be at least 3:1 after calculating the value of the public facilities and/or services to be financed, and considering any prior or pending special taxes or assessment liens. The Town may require a higher value-to-lien ratio in its discretion, in consideration of current market and related conditions. Property value may be based either on an appraisal or on full cash value as indicated on the County Assessor’s tax roll. Appraisals shall be conducted by an MAI (Member, Appraisal Institute) appraiser under contract with the Town. All appraisals shall be prepared in conformance with the Appraisal Standards for Land-Secured Financing prepared by the California Debt Advisory Committee dated May 1994, as revised July 2004. The appraisal criteria and methodology will follow the guidelines as specified by the Town in its contract with the appraiser. In instances where the value-to-lien ratio is less than 3:1, or less than some higher ratio selected by the Town in its discretion, credit enhancement will be required in accordance with the provisions of Section 9 of this policy. The actual form of credit enhancement shall be in the discretion of the Town Manager and financial advisor(s). In the event that the overall value-to-lien ratio for the district is at least 3:1 (or a higher ratio selected by the Town), but one or more individual properties demonstrate less than the required ratio, the Town, at its discretion, may require a credit enhancement for these properties. The Town in its discretion may
require, and may employ a consultant for the purpose of conducting a
market absorption study. The study, if required, shall include an
estimate of the total number of units, land uses and rate of
absorption, and will be used as a basis for verification that
sufficient revenues can be generated, and to determine if the financing
of the improvements is appropriate given the projected level and pace
of development.
The rate and method of apportionment of the special tax must be reasonable and equitable in relation to each of the parcels within the boundaries of the proposed district, based on a benefit received by parcels of real property, the costs of the public facilities or services to be financed, or some other reasonable basis as determined by the Town Council The rate and method of apportionment of the special tax is to provide for the administrative expenses of the proposed district, including, but not limited to, those expenses necessary for the enrollment and collection of the special tax and bond administration. The rate and method of apportionment may provide for exemptions to be extended to parcels that are dedicated at a future date to public entities, held by a home owner’s association, or designated open space. The maximum annual special tax, together with ad valorem property taxes, special assessments or special taxes for an overlapping financing district, including such potential taxes and assessments relating to authorized but unissued debt of public entities other than the Town (collectively, the "Overlapping Debt Burden"), in relation to the expected assessed value of each parcel upon completion of the private improvements to the parcel is of great importance to the Town in evaluating the proposed financing. For the residential parcels, the Overlapping Debt Burden shall not exceed two percent (2.0%) of the projected assessed value of each improved parcel within the district. As it pertains to commercial, industrial, or other parcels within the district, the Town reserves the right to exceed the two percent (2.0%) limit if, in the Town’s sole discretion, it is fiscally prudent. This evaluation will be based in part on information obtained from other taxing entities that have jurisdiction to impose a levy on the affected parcels. The total maximum annual special taxes that can be collected from taxable property in a district, taking into account any potential changes in land use or development density or rate, and less all projected administrative expenses, must be equal to at least one hundred ten percent (110%) of the gross annual debt service on the bonds issued by or on behalf of the district in each year that said bonds will remain outstanding. The rate and method of apportionment of the special tax shall include a provision for a backup tax to protect against any changes in development that would result in insufficient special tax revenues to meet the debt service requirements of the district. Such backup tax shall be structured in such a manner that it shall not violate any provisions of the Act regarding cross-collateralization limitations for residential properties. A formula to provide for the prepayment of the special tax may be provided; however, neither the Town nor the district shall be obligated to pay for the cost of determining the prepayment amount which is to be paid by the applicant. 13. DISCLOSURE REQUIREMENTS The applicant/developer shall be responsible for compliance with all applicable federal and state statutory disclosure requirements in transactions with purchasers of properties within the district, including, but not limited to, the provisions of Section 53341.5 of the Act. The Town will make available the information required to be made available by the Town necessary for the applicant/developer to make the required disclosures in connection with the sale or lease of property in the district. The Town shall use all reasonable means to ensure compliance with applicable federal securities laws in connection with the issuance of bonds and the provision of annual information regarding any district established by the Town with respect to which bonds have been issued, including requiring any developer whose development is material to the bond issue to transmit appropriate information to the Town or its designee for disclosure to bond investors. 14. EXCEPTIONS TO THESE POLICIES Any policy or goal stated herein may be supplemented or amended or deviated from, and new goals and policies may be added hereto, from time to time upon the determination by the Town Council that such supplement, amendment, deviation, or addition is necessary or desirable; and any policy or goal stated herein shall be deemed amended or supplemented in the event, and as of the date, if ever, that such amendment or supplement is required to ensure compliance with the Act or any laws of the State of California or federal laws of the United States of America.
PARADISE MUNICIPAL CODE Chapter 17.12 RURAL RESIDENTIAL (RR) ZONES 17.12.100 Purposes. The rural residential (RR) zones are intended for land areas that are planned or are existing single-family rural residential areas characterized by moderately large parcels and with residential densities that range fro one to two dwelling units per acre. The rural residential-1, rural residential-2/3, and rural residential-1/2 zones are consistent with the rural/residential (RR) land use designation of the Paradise General Plan. 17.12.200 Permitted and conditional uses. In the rural residential zones, the following land uses are permitted where indicated by the letter "P", and are permitted subject to town issuance of a conditional use permit where indicated by the letter "C". Land uses indicated by the letter "S" are permitted uses with town approval and issuance of a site plan review. Uses identified with the letter "A" are permitted land uses upon town approval and issuance of an administrative permit. RR-1 RR-2/3 RR-1/2 USES A A A* Animal production/livestock C C C Bed and breakfast P P P Community care facility (limited residential) P P P Crop production P P P Day care home (small family) A A A Dwelling, secondary C C C Educational facility P P P Guidance services (limited) P P P Horticulture C C -- Kennel (indoor) C C C Mobile home park P P P Open space C C -- Park and recreation C C C Religious assembly C C C Residential, group C C C Safety service P P P Single-family residence A A* A* Stable (private) S S S Two-family residence (density applied) P P P Utility service (minor) C C C Utility service (major) *Note: The affected property site must be at minimum one acre or greater in net area size. 17.12.300 Accessory Uses. Rural residential uses include the following accessory uses, activities and structures, which are to be constructed after, or in conjunction with the principal permitted uses of the property (example: a residential garage can be constructed on a lot only if a dwelling is also on the lot, or a building permit for the garage is issued). A. Private garage and carport; B. Recreational activities and facilities for use by the residents on the site; C. Cabanas, gazebos, porches, patios and incidental household storage buildings; D. Radio and television antennas, and solar collectors; E. Home occupations complying with Chapter 17.33; F. Keeping of dogs, cats, potbelly pigs, or similar small domestic animals as household pets. G. Guest house; H. Composting.
Chapter 17.14 TOWN RESIDENTIAL (TR) ZONES 17.14.100 Purposes. The town residential (TR) zones are intended for land areas that are planned or are existing single-family residential areas characterized by small sized (one-half gross acre or less and the absence of accessory rural land uses, particularly the keeping of livestock. The town residential-1, town residential-1/2 and town residential-1/3 zones are consistent with the town residential (T-R) land use designation of the Paradise General Plan. 17.14.200 Permitted and conditional uses. In the town residential zones, the following land uses are permitted uses where indicated by the letter "P" and are uses permitted subject to town issuance of a conditional use permit where indicated by the letter "C". Uses indicated by the letter "S" are permitted uses with town approval and issuance of a site plan review. Uses identified with the letter "A" are permitted land uses upon town approval and issuance of an administrative permit. TR-1 TR-1/2 TR-1/3 Uses A A* A* Animal production/livestock C C C Bed and breakfast P P P Community care facility (limited residential) P P P Crop Production P P P Day care home (small family) A A A Dwelling, secondary C C C Educational facility P P P Guidance services (limited) P P P Horticulture C - - Kennel (indoor) C C C Mobile home park P P P Open space C C C Park and recreation C C C Religious assembly C C C Residential, group C C C Safety service P P P Single-family residence A A* A* Stable (private) C P P Two-family residence (density applied) A A A Utility service (minor) C C C Utility service (major) *NOTE: The affected property site must be at minimum, one acre or greater in net area size. 17.14.300 Accessory uses. Town residential uses include the following accessory uses, activities and structures, which are to be constructed after, or in conjunction with the principal permitted uses of the property (example: a residential garage can be constructed on a lot only if a dwelling is also on the lot, or a building permit for the dwelling is issued on or before the day a building permit for the garage is issued): A. Private garage and carport; B. Recreational activities and facilities for use by the residents on the site; C. Cabanas, gazebos, porches, patios and incidental household storage buildings. D. Radio and television antennas, and solar collectors; E. Home occupations complying the Chapter 17.33; F. Keeping of dogs, cats, potbelly pigs, or similar small domestic animals as household pets; G. Guest house; H. Composting.
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