HomeMy WebLinkAbout07 APPROVE CREATION OF COMMUNITY FACILITIES DISTRICT 18-01Agenda Item 7
Reviewed:
AGENDA REPORT City Manager �GP
Finance Director N/A
MEETING DATE: MARCH 7, 2018
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: ECONOMIC DEVELOPMENT DEPARTMENT/FINANCE DEPARTMENT
SUBJECT: APPROVE CREATION OF COMMUNITY FACILITIES DISTRICT 18-01
SUMMARY:
Establish Community Facilities District (CFD) 18-01 for services at Tustin Legacy by
approving the associated documents.
RECOMMENDATIONS:
It is recommended that the City Council take the following actions:
1) Accept and ratify the Petition to Create a Community Facilities District requested
by the landowner (City) signed by the City Manager as the authorized agent of the
City; and
2) Adopt Resolution No. 18-15, a resolution designating Improvement Area No. 1 of
Community Facilities District 18-01 and authorizing the levy of a special tax within
said Improvement Area.
FISCAL IMPACT:
A fiscal impact estimate will be provided at the time of the public hearing adopting CFD 18-
01.
CORRELATION TO THE STRATEGIC PLAN:
This action correlates to the City's Strategic Plan for Economic and Neighborhood
Development (Goal A) and Financial Strength (Goal C).
BACKGROUND:
To date, five (5) CFDs have been formed at Tustin Legacy to help bridge the gap between
the 3% of the basic levy (1.0%) of property tax revenue received at Tustin Legacy
Agenda Report — CFD 18-01
March 7, 2018
Page 2
compared to 10.5% City-wide. Most of these CFDs include both a Tax A for facilities and
a Tax B for services. A breakdown is below:
- CFD 04-01 (Tustin Field I and II)
o Tax A and B
- CFD 06-01 (Villages of Columbus)
o Tax A and B
- CFD 07-01 (The District)
o Tax A and B
CFD 13-01 (The Village at Tustin Legacy, Amalfi, Anton Legacy, FLIGHT at Tustin
Legacy, TUSD Middle/High School)
o Tax B only .
- CFD 14-01 (Greenwood)
o Tax A and B
The City Council authorized formation of CFD 13-01 in 2013 for services (not facilities)
such as police and fire; maintenance of parks, streets, sidewalks and drainage facilities;
and other general City services associated with the development an -d maintenance of the
undeveloped portions of Tustin Legacy.
Since 2013, the plan for Tustin Legacy has evolved to include a variety of land uses not
previously considered under CFD 13-01 (e.g., hotels and separate commercial uses).
Forming CFD 18-01 will fund the same services as described in CFD 13-01 with updated
base rates. The Rate and Method of Apportionment (RMA) for CFD 18-01 Improvement
Area No. 1 is included as part of Attachment 2.
By forming CFD 18-01, any undeveloped property in the boundaries of CFD 13-01 will be
de -annexed. The only properties subject to CFD 13-01 moving forward will be:
- The Village at Tustin Legacy
- Amalfi Apartment Homes
- Anton Legacy
- FLIGHT at Tustin Legacy
- TUSD Middle/High School
Improvement Areas
Staff is proposing for CFD 18-01 to be broken up into "Improvement Areas." A map of the
proposed CFD 18-01 boundaries is shown on Attachments 1 and 2; however, the majority
of the property is identified as "Future Annexation Parcels." Staff is recommending that
as projects are proposed, each be analyzed for their impact to City services. This
approach intends to ensure that each "Improvement Area" meet the required funding
levels for the required services.
Agenda Report — CFD 18-01
March 7, 2018
Page 3
Improvement Area No. 1 (shown on Attachments 1 and 2) is proposed to be for the Levity
at Tustin Legacy ("Lot 19"/Disposition Package 6B) project that the Council approved on
February 6, 2018. This property has not yet been conveyed, but the DA and DDA required
the developer to acknowledge that a CFD would be in place prior to conveyance.
The "Future Annexation Parcels" area is not being liened at this time. Future Improvement
Area annexations will be brought back to the Council with their own RMA, but will not
need to go through the public hearing process.
NEXT STEPS:
A public hearing on CFD 18-01 is planned for April 17. At that time, staff will recommend
that the Council take several actions to finalize the formation of CFD 18-01.
Staff is available for any questions the Council may have.
"L a"" Gam--.
Joh A. Buchanan
erector of Economic Development/Finance
Kenneth Piguee
Management Analyst
Economic Development
Sean Tran
Deputy Director of Finance — Administrative
Services
Attachments:
- Petition to Create Community Facilities District
- Resolution No 18-15
ATTACHMENT A
PETITION TO CREATE COMMUNITY FACILITIES DISTRICT
PETITION TO CREATE
COMMUNITY FACILITIES DISTRICT
Honorable Council Members
City of Tustin
300 Centennial Way
Tustin, CA 92780
Members of the City Council:
This is a Petition to create a community facilities district, and a waiver with respect to
certain procedural measures, under the Mello -Roos Community Facilities Act of 1982,
constituting Section 53311 et seq. of the California Government Code (the "Act"). The
undersigned Landowner hereby states as follows:
1. Landowner. This Petition is submitted by Jeffrey C. Parker, City Manager of the
City of Tustin, a municipal corporation ("City Manager"), as the authorized agent of the City of
Tustin ("Landowner") which owns of all of the parcels of land identified by the assessor's parcel
numbers set forth in Exhibit A attached hereto and made a part hereof (the "Land"). By
submitting this Petition, the Landowner warrants to the City Council (the "Council") of the City
that the Landowner is the owner of the fee interest in the Land, that no other person or entity is
the legal owner of any portion of the fee interest in any of such. property, and that the Landowner
has the power and authority to execute and deliver this Petition.
Z. Proceedings Requested. The Landowner hereby requests that the Council institute
proceedings pursuant to the Act to establish a community facilities district over the Land to be
designated as "City of Tustin Community Facilities District No. 2018-01 (Public Services) (the
"Community Facilities District"), to designate one (1) improvement area within the Community
Facilities District ("Improvement Area No. 1") as shown on the proposed Boundary Map (the
"Boundary Map") attached as Exhibit B, and to authorize the levy of special taxes on property
within Improvement Area No. 1 in the Community Facilities District (the "Special Taxes").
3. Boundaries of Community Facilities District. The Landowner hereby requests that
territory within the boundaries of Improvement Area No. 1 include all of the Land as shown on
the Boundary Map for the Community Facilities District attached as Exhibit B hereto.
4. Purpose of Community Facilities District. The Landowner hereby requests that
the Community Facilities District be created, Improvement Area No. 1 designated, the Special
Taxes authorized to be levied and authorized to finance the public services generally described in
Exhibit C attached hereto_ and made a part hereof.
5. Waiver. To expedite the completion of the proceedings for the Community
Facilities District, the Landowner, as the owner of 100% of the Land in Improvement Area No.
1 of the proposed Community Facilities District, hereby waives all notice of hearings (other than
published notices required by the Act), all notices of election, all applicable waiting periods
under the Act for the election, all ballot analysis and arguments for the elections, and all
requirements as to the specific form of the ballots to be used for the elections, whether under
California Elections Code or otherwise.
The undersigned declares that the foregoing is true and correct.
Dated: March 7, 2018
By: City of Tustin
a municipal corporation,
By: WC%
Name: J frey C. Parker
Title: City Manager
2
EXHIBIT A-
INCLUDED IN
F
The territory proposed for inclusion in Improvement Area No. 1 of the Community Facilities
District and owned by the Landowner is identified as the following Orange County Assessor's
Parcel Numbers:
IMPROVEMENT AREA NO. l
430-381-18
430-381-44
430-381-45
430-381-46
EXHIBIT B
BOUNDARIES OF IMPROVEMENT AREA NO. 1
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EXHIBIT C
DESCRIPTION OF ELIGIBLE SERVICES
It is intended that the Community Facilities District and each Improvement Area will be eligible to
finance services described in Section 53313 of the Act including but not limited to police protection
services; fire protection services; ambulance and paramedic services; recreation program services;
maintenance of parks, parkways, and open space; flood and storm protection; and street and
sidewalk maintenance.
ATTACHMENT B
RESOLUTION NO. 18-15
RESOLUTION NO. 18-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, OF ITS INTENTION TO FORM CITY
OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 2018-
01 (PUBLIC SERVICES), DESIGNATING IMPROVEMENT
AREA NO. 1 OF CITY OF TUSTIN COMMUNITY FACILITIES
DISTRICT NO. 2018-01 (PUBLIC SERVICES) THERIN, AND
AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN
SAID IMPROVEMENT AREA
WHEREAS, the City Council of the City of Tustin ("City") has received a Petition
from the City Manager on behalf of the City ("Petition") which Petition has been ratified by
the City Council, requesting the institution of proceedings for the establishment of a
community facilities district ("the CFD"); and
WHEREAS, City is the owner of 100% of the property within the CFD; and
WHEREAS, all conditions for taking action based on the Petition, including the
receipt by the City of the deposit described in Government Code Section 53318(d), have
been satisfied; and
WHEREAS, pursuant to the Mello -Roos Community Facilities Act of 1982, as
amended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section
53311, et seq. of the California Government Code, this City Council is authorized to
establish the CFD, to designate one or more improvement areas, and to act as the
legislative body for the proposed CFD: and
WHEREAS, this City Council now desires to proceed with establishment of the
CFD under the Act in order to levy special taxes to finance the provision of certain public
services, as contemplated by the discussions to which the City has been a party; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Tustin
as follows:
Section 1. This City Council proposes to conduct proceedings to establish the CFD, and
to designate one (1) Improvement Area therein, pursuant to the Act.
Section 2. The name proposed for the CFD is "City of Tustin Community Facilities District
No. 2018-01 (Public Services)."
Section 3. The City Council hereby finds and determines that the City Clerk of the City
has similar powers and duties as the "Clerk" (as that term is defined in Section 53317(a)
of the Act), and therefore, the City Clerk, or her designee (the "Clerk" herein) is hereby
authorized and directed to perform all functions of the Clerk.
Section 4. The proposed boundaries of the CFD, and each improvement area therein, are
as shown on the map of the CFD on file with the Clerk, which boundaries are hereby
preliminarily approved and to which map reference is hereby made for further particulars.
The Clerk is hereby directed to record, or cause to be recorded, said map of the
boundaries of the CFD in the office of the County Recorder of the County of Orange within
fifteen (15) days of the date of adoption of this resolution.
Section 5. The type of public services (the "Services") proposed to be financed by the
CFD pursuant to the Act shall consist of those items listed as Services on Exhibit A hereto
and by this reference incorporated herein.
Section 6. It is the intention of the City Council to designate one improvement area within
the CFD titled "Improvement Area No. 1" (the "Improvement Area"). The location of the
Improvement Areas\ shall be as specified upon the map of the CFD as set forth in
paragraph 4 above. From and after designation, all proceedings for elections and for
purpose of levying special taxes, or for any other change pursuant to Article 3
(commencing with Section 53330), shall be conducted separately (but which may occur
concurrently), for the Improvement Area.
Section 7. Except to the extent that funds are otherwise available to the CFD to pay for
the Services, a special tax sufficient to pay the costs thereof, secured by recordation of
the continuing lien against all nonexempt real property in the CFD, is intended to be levied
annually within Improvement Area No. 1 from the 2018-2019 Fiscal Year as provided in
the attached Rate and Method of Apportionment (the "RMA"), and collected in the same
manner as ordinary ad valorem property taxes, or in such other manner as this City
Council or its designee shall determine, including direct billing of the affected property
owners. The proposed RMA among the parcels of real property within each Improvement
Area of the CFD, in sufficient detail to allow each property owner within each Improvement
Area of the proposed CFD to estimate the maximum amount such property owner will
have to pay, is set forth in Exhibit B for Improvement Area No. 1 attached hereto and by
this reference incorporated herein. In no circumstances shall the special tax levied against
any parcel used for private residential purposes (as defined in the Act), if any, be
increased as a consequence of delinquency or default by the owner of any other parcel
or parcels within the CFD by more than 10 percent above the amount that would have
been levied in that fiscal year had there never been any such delinquencies or defaults.
Section 8. The City Council hereby fixes the time and place when and where this City
Council will conduct a public hearing on the establishment of the CFD, the designation of
Improvement Area No. 1, and the designation of any parcels for future annexation, and
consider and finally determine whether the public interest, convenience and necessity
require formation of the CFD and the levy of special taxes therein for April 17, 2018, at
7:00 p.m. at the City Council Chambers, 300 Centennial Way, Tustin, California, as said
public hearing may be continued from time to time.
Section 9. The Clerk has been directed to cause notice of said public hearing to be given
by publication one time in a newspaper published in the area of the CFD. The publication
of said notice shall be completed at least seven (7) days before the date herein set for
said hearing. Said notice shall be substantially in the form specified in Section 53322, et
seq. of the Act. Notice shall also be mailed to each property owner pursuant to Section
53322.4.
Section 10. Pursuant to Section 53339.3 of the Act, the City hereby designates the
property set forth on the Boundary Map as the "Future Annexation Parcels" as parcels to
be annexed to the CFD, which parcels may be annexed to the CFD at a future date with
the unanimous approval of the owner or owners of each parcel or parcels at the time that
parcel or those parcels are annexed. It is understood that the property designated as
Future Annexation Parcels will be further subdivided in the future, and that the option to
annex any newly -subdivided parcel will inure to the benefit of the owner of the newly -
subdivided parcel. There is no requirement that parcels in the Future Annexation Parcels
be annexed into the CFD. To the extent that an owner of a parcel within the Future
Annexation Parcels does not choose to annex to Improvement Area No. 1, such owner
may agree to be designated in a new improvement area, and the designation as Future
Annexation Parcels shall not impact such owner's options. The types of Services provided
pursuant to this Chapter to those parcels designated as Future Annexation Parcels that
agree to annex to the CFD shall be the same public services provided to other parcels
within the CFD. Likewise, the special tax imposed upon those parcels designated as the
Future Annexation Parcels that agree to annex to any improvement area in the CFD shall
be as set forth in Section 4 hereof without any alteration in the special tax rate to be levied
in such improvement area of the CFD as a result of any future annexation.
Section 11. The officers, employees and agents of the City are hereby authorized and
directed to take all actions and do all things which they, or any of them, may deem
necessary or desirable to accomplish the purposes of this Resolution and not inconsistent
with the provisions hereof.
Section 12. This Resolution shall take effect immediately upon its adoption.
APPROVED and ADOPTED at a meeting of the City Council of the City of Tustin
on March 7, 2018.
ELWYN A. MURRAY,
Mayor
ATTEST:
ERICA N. RABE,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Erica N. Rabe, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No 18-15 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 7t" day
of March, 2018 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. RABE,
City Clerk
EXHIBIT A
AUTHORIZED SERVICES
It is intended that Improvement Area No. 1 will be eligible to finance any, all or any
portion of the services described in Section 53313 of the Act including but not limited to
police protection services; fire protection services; ambulance and paramedic services;
recreation program services; maintenance of parks, parkways, and open space; flood
and storm protection; and street and sidewalk maintenance (collectively, the "Services")
EXHIBIT B
PROPOSED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
FOR IMPROVEMENT AREA NO. 1
RATE AND METHOD OF APPORTIONMENT FOR
IMPROVEMENT AREA NO. 1 OF
CITY OF TUSTIN
COMMUNITY FACILITIES DISTRICT NO. 2018-1
(PUBLIC SERVICES)
CITY OY TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA
A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels of Taxable Property
in Improvement Area No. 1 of City of Tustin Community Facilities District No. 2018-1 (Public
Services), City of Tustin, County of Orange, State of California ("CFD No. 2018-1 (IA No. 1)")
and collected each Fiscal Year commencing in Fiscal Year 2018-19, in an amount determined by
the City Council through the application of the appropriate Special Tax for "Developed Property,"
as described below. All of the real property in CFD No. 2018-1 (IA No. 1), unless exempted by
law or by the provisions hereof, shall be taxed for these purposes, to the extent and in the manner
herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre" or "Acreage" means the land area in acres of an Assessor's Parcel as shown on an
Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the
land area in acres shown on the applicable final map, parcel map, condominium plan, or
other map or plan recorded with the County. The square footage of an Assessor's Parcel is
equal to the Acreage of such parcel multiplied by 43,560.
"Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs
directly related to the administration of CFD No. 2018-1 (1A No. 1): the costs of computing
the Special Taxes and preparing the annual Special Tax collection schedules (whether by
the City or any designee thereof or both); the costs of collecting the Special Taxes (whether
by the City or otherwise); the costs to the City, CFD No. 2018-1 (IA No. 1), or any designee
thereof of complying with CFD No. 2018-1 (IA No. 1) or obligated persons disclosure
requirements associated with the Act; the costs associated with preparing Special Tax
disclosure statements and responding to public inquiries regarding the Special Taxes; the
costs to the City, CFD No. 2018-1 (IA No. 1), or any designee thereof related to anappeal
of the Special Tax; and the City's annual administration fees and third party expenses.
Administrative Expenses shall also include amounts estimated or advanced by the City or
CFD No. 2018-1 (IA No. 1) for any other administrative purposes of CFD No. 2018-1 (IA
No. 1), including attorney's fees and other costs related to commencing and pursuing to
completion any foreclosure of delinquent Special Taxes.
City of Tustin January 30, 2018
CFD No. 2018-1 (JA No. 1) Page I
"Assessor's Parcel" or "Parcel" means a lot or parcel shown on an Assessor's Parcel Map
with an assigned Assessor's Parcel number.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating
parcels by Assessor's Parcel number.
"Attached Residential Property" means Assessor's Parcels of Developed Property for
which Building Permits have been issued for a Dwelling Unit that shares, or will share, an
inside wall with another Dwelling Unit.
"Authorized Services" means those services eligible to be funded by CFD No. 2018-1
(IA No. 1), as defined in the Resolution of Formation and authorized to be financed by
CFD No. 2018-1 (IA No. 1) pursuant to Section 53313 and Section 53313.5 of the Act.
CFD No. 2018-1 (IA No. 1) shall finance Authorized Services only to the extent that they
are in addition to those provided in the territory of CFD No. 2018-1 (IA No. 1) before the
CFD was created and such Authorized Services may not supplant services already available
within CFD No. 2018-1 (IA No. 1) when the CFD was created.
"Building Permit" means a permit issued by the City or other governmental agency for
the construction of a residential or non-residential building on an Assessor's Parcel.
"CFD Administrator" means an official of CFD No. 2018-1 (IA No. 1), or any designee
thereof, responsible for determining the Special Tax Requirement and providing for the
levy and collection of the Special Taxes.
"CFD No. 2018-1 (IA No. 1)" means Improvement Area No. 1 or City of Tustin
Community Facilities District No. 2018-1 (Public Services), City of Tustin, County of
Orange, State of California.
"City" means the City of Tustin, California.
"City Council" means the City Council of the City.
"City Property" means, for each Fiscal Year, any property within the boundaries of CFD
No. 2018-1 (IA No. 1) that is owned by or irrevocably offered for dedication to the City,
provided however that any property leased by the City to a private entity and subject to
taxation under Section 53340.1 of the Act, as such section may be amended or replaced,
shall be taxed and classified in accordance with its use.
"Consumer Price Index" means, for each Fiscal Year, the Consumer Price Index
published by the U.S. Bureau of Labor Statistics for All items in Los Angeles -Riverside -
Orange County, CA, all urban consumers, not seasonally adjusted" index (Series Id:
CUURA421 SAO), measured as of the month of December in the calendar year that ends in
the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price
Index shall be another index as determined by the CFD Administrator that is reasonably
comparable to the Consumer Price Index.
City of Tustin January 30, 2018
CFD No. 2018-1 (IA No. 1) Page 2
"County" means the County of Orange.
"Detached Residential Property" or "SFD" means Assessor's Parcels of Developed
Property for which Building Permits have been issued for a Dwelling Unit that is or is
expected to be surrounded by freestanding walls and that does not share an inside wall with
any other Dwelling Unit.
"Developed Property" means, for each Fiscal Year, all Assessor's Parcels for which a
Building Permit was issued after January 1, 2018 and on or before May 1 of the Fiscal Year
preceding the Fiscal Year for which the Special Taxes are being levied.
"Dwelling Unit" means a building or portion thereof designed for and occupied in whole
or part as a residence or sleeping place, either permanently or temporarily, by one (1)
family and its guests, with sanitary facilities and one (1) kitchen provided within the unit.
Boarding or lodging houses, dormitories, and hotels shall not be defined as Dwelling Units
unless the land use permit specifies a residential use.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Flat Property" or "Flats" means Attached Residential Property generally characterized
as having the majority of living space on a single floor which may overlap other dwelling
units above or below within the same building, for which Building Permits have been
issued permitting the development of 2- or 3 -story flats, as determined by the CFD
Administrator.
"Maximum Special Tax" means, for each Fiscal Year, the maximum Special Tax,
determined in accordance with Section C, below, that can be levied on any Assessor's
Parcel.
"Property Owner Association Property" means, for each Fiscal Year, any Assessor's
Parcel within the boundaries of CFD No. 2018-1 (IA No. 1) that is owned by or irrevocably
offered for dedication to a property owner association, including any master or sub -
association, not including any such property that is located directly under a residential or
non-residential structure.
"Proportionately" means that the ratio of the actual annual Special Tax levy to the
Maximum Special Tax is equal for all Assessor's Parcels of Developed Property.
"Rate and Method of Apportionment" or "RMA" means this Rate and Method of
Apportionment of Special Tax.
City of Tustin January 30, 2018
CFD No. 2018-1 (IA No. 1) Page 3
"Resolution of Formation" means the resolution forming CFD No. 2018-1 (IA No. 1).
"Special Tax" or "Special Taxes" means the special tax or special taxes to be levied in
each Fiscal Year on each Assessor's Parcel of Developed Property to fund the Special Tax
Requirement.
"Special Tax Requirement" means that amount to be collected in any Fiscal Year for
CFD No. 2018-1 (IA No. 1) to pay for certain costs as required to meet the needs of the
CFD in that Fiscal Year. The costs to be covered shall be the direct costs for (i) Authorized
Services, including the establishment of reserves for future costs of Authorized Services,
(ii) Administrative Expenses, and (iii) an amount to cover anticipated delinquencies for the
payment of the Special Tax, based on the delinquency rate for the preceding Fiscal Year;
less (iv) a credit for funds available to reduce the annual Special Tax levy, if any, as
determined by the CFD Administrator. Under no circumstances shall the Special Tax
Requirement include debt service payments for debt financings by CFD No. 2018-1 (IA
No. 1).
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD
No. 2018-1 (IA No. 1) which are not exempt from the Special Tax pursuant to law or
Section E below.
"Townhome Property" or "Townhomes" means Attached Residential Property generally
characterized as having a direct ground floor private entry where living space occurs on
multiple levels of roughly the same proportion and having at least one vertical wall
extending from ground to roof dividing it from the adjoining unit, for which Building
Permits have been issued permitting the development of townhomes, as determined by the
CFD Administrator.
"Undeveloped Property" means, for each Fiscal Year, all property not classified as
Developed Property, Property Owner Association Property, or City Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Assessor's Parcels within CFD No. 2018-1 (IA No. 1) shall be
classified by the CFD Administrator as Developed Property, Undeveloped Property,
Property Owner Association Property, or City Property, and shall be subject to annual
Special Taxes in accordance with this Rate and Method of Apportionment as determined
by the CFD Administrator pursuant to Sections C and D below. The CFD Administrator's
allocation of property to each type of Land Use Class shall be conclusive and binding.
However, only Developed Property shall be subject to annual Special Taxes in accordance
with the Rate and Method of Apportionment as determined pursuant to Sections C and D
below.
City of Tustin January 30, 2018
CFD No. 2018-1 (IA No. 1) Page 4
C. MAXIMUM SPECIAL TAX RATE
1. Developed Property
a. Maximum Special Tax
The Maximum Special Tax for Fiscal Year 2018-19 for Developed Property is
shown below in Table 1. Under no circumstances shall a Special Tax be levied on
additions to existing Dwelling Units.
TABLE 1
Maximum Special Taxes for Developed Property
For Fiscal Year 2018-19
Community Facilities District No. 2018-1 (IA No. 1)
Land Use
Class
Land Use
Fiscal Year 2018-19
Maximum Special Tax
1
FLATS (>= 2,500 SF)
$2,416 PER DWELLING UNIT
2
FLATS (2,000 - 2,499 SF)
$2,267 PER DWELLING UNIT
3
FLATS (1,500 - 1,999 SF)
$1,889 PER DWELLING UNIT
4
FLATS (< 1,500 SF)
$1,809 PER DWELLING UNIT
5
SFD (>= 2,800 SF)
$2,717 PER DWELLING UNIT
6
SFD (2,500 - 2,799 SF)
$2,585 PER DWELLING UNIT
7
SFD (2,200 - 2,499 SF)
$2,240 PER DWELLING UNIT
8
SFD (< 2,200 SF)
$2,177 PER DWELLING UNIT
9
TOWNHOMES (>= 2,125 SF)
$1,852 PER DWELLING UNIT
10
TOWNHOMES (1,875 - 2,124 SF)
$1,690 PER DWELLING UNIT
11
TOWNHOMES (1,625 - 1,874 SF)
$1,617 PER DWELLING UNIT
12
TOWNHOMES (< 1,625 SF)
$1,408 PER DWELLING UNIT
b. Multiple Land Use Classes
In some instances, an Assessor's Parcel of Developed Property may contain more
than one Land Use Class. The Maximum Special Tax that can be levied on an
Assessor's Parcel shall be the sum of the Maximum Special Taxes that can be levied
for all Land Use Classes located on that Assessor's Parcel.
City of Tustin January 30, 2018
CFD No. 2018-1 (IA No. 1) Page 5
C. Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2019, the Maximum Special Tax for
Developed Property shall be increased annually by the greater of the change in the
Consumer Price Index during the twelve (12) months prior to December of the
previous Fiscal Year and two percent (2.00%), not to exceed four percent (4.00%).
2. Undeveloped Property
No Special Taxes shall be levied on Undeveloped Property.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2018-19 and for each following Fiscal Year, the City
Council shall levy the annual Special Tax Proportionately for each Assessor's Parcel of
Developed Property at up to 100% of the applicable Maximum Special Tax, until the
amount of Special Taxes equals the Special Tax Requirement.
E. EXEMPTIONS
In addition to Undeveloped Property being exempt from annual Special Taxes, no Special
Tax shall be levied on City Property or Property Owner Association Property in CFD No.
2018-1 (IA No. 1). However, should an Assessor's Parcel no longer be classified as City
Property or Property Owner Association Property, such Assessor's Parcel shall, upon each
reclassification, no longer be exempt from Special Taxes.
F. APPEALS AND INTERPRETATIONS
Any landowner or resident may file a written appeal of the Special Tax on his/her property
with the CFD Administrator, provided that the appellant is current in his/her payments of
Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must
be paid on or before the payment date established when the levy was made. The appeal
must specify the reasons why the appellant claims the Special Tax is in error. The CFD
Administrator shall review the appeal, meet with the appellant if the CFD Administrator
deems necessary, and advise the appellant of its determination. If the CFD Administrator
agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax
on the appellant's property and/or provide a refund to the appellant. If the CFD
Administrator disagrees with the appellant and the appellant is dissatisfied with the
determination, the appellant then has thirty (3 0) days in which to appeal to the City Council
by filing a written notice of appeal with the clerk of the City, provided that the appellant is
current in his/her payments of Special Taxes. The second appeal must specify the reasons
for the appellant's disagreement with the CFD Administrator's determination. The CFD
City of Tustin January 30, 2018
CFD No. 2018-1 (1A No. 1) Page 6
Administrator may charge the appellant a reasonable fee for processing the appeal.
The City may interpret this Rate and Method of Apportionment for purposes of clarifying
any ambiguity and make determinations relative to the annual administration of the Special
Tax and any landowner or resident appeals. Any decision of the City will be final and
binding as to all persons.
G. MANNER OF COLLECTION
The annual Special Tax shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes; provided, however, that the City may directly bill the
Special Tax, may collect Special Taxes at a different time or in a different manner if
necessary or otherwise advisable to meet its financial obligations for CFD No. 2018-1 (IA
No. 1), and may covenant to foreclose and may actually foreclose on delinquent Assessor's
Parcels as permitted by the Act.
H. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2018-1 from time to
time. As each annexation is proposed, an analysis maybe prepared to determine the annual
cost for providing Authorized Services to such parcels. Based on this analysis, any parcels
to be annexed, pursuant to California Government Code Section 53339 et seq. will be
assigned the approximate Maximum Special Tax rates when annexed and included in
Exhibit A.
I. TERM OF SPECIAL TAX
The Special Tax shall be levied in perpetuity as necessary to meet the Special Tax
Requirement, unless no longer required to pay for Authorized Services as determined at
the discretion of the City.
City of Tustin January 30, 2018
CFD No. 2018-1 (14 No. 1) Page 7
[SAM,_
IDENTIFICATION OF FUTURE ANNEXATIONS
City of Tustin January 30, 2018
CFD No. 2018-1 (IA No. 1) Page 8
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