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HomeMy WebLinkAbout18-Development Services e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Authorization to Proceed and Resolution ofIntention and Approving Annexation Map No.2 relative to Community Facilities District No. 1033 (Verdemont Fire Station) - Tentative Parcel Map. No. 17052 and DP II No. 04-54, located on Industrial Parkway between Cable Creek and Devil's Creek Flood Control Channels. MCC Date: July 2, 2007 Dept: Development Services Date: June 26, 2007 File No.14.40-132.02 Synopsis of Previous Council Action: 06-21-2004- Resolution No. 2004-210 was adopted establishing Community Facilities District No. 1033 relative to operation and maintenance costs of the Verdemont Fire Station. 10-03-2006 - Tentative Parcel Map No. 17052 was approved with conditions. Recommended Motion: 1. That the Director of Development Services and the City Clerk be authorized to proceed under Chapter 2.5, Part I, Division 2, Title 5 of the Government Code of the State of California, as amended, with Community Facilities District No. 1033 Annexation No.2, Tentative Parcel Map No. 17052 (Subdivision No. 04-35) and DP II No. 04-54, located on Industrial Parkway between Cable Creek and Devil's Creek Flood Control Channels; AND 2. Adopt resolution. YitWu {/. Rw-- Valerie C. Ross Contact person: LASZLO "Les" FOGASSY Staff Report, Vicinity Supporting data attached: Map, Resolution Ward: FUNDING REQUIREMENTS: Amount: $5,900 (Processing fee) Source: (Accl. No.) 001-190-5502 (Accl. Description) Professional/Contractual Services Finance: Council Notes: Agenda Item No. /8 7/djl>7 e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Authorization to Proceed and Resolution ofIntention and Approving Annexation Map No.2 relative to Community Facilities District No. 1033 (Verdemont Fire Station) - Tentative Parcel Map. No. 17052 and DP II No. 04-54, located on Industrial Parkway between Cable Creek and Devil's Creek Flood Control Channels. BACKGROUND: On June 21, 2004, Resolution 2004-210 was adopted, establishing Community Facilities District, known as CFD 1033 ("CFD"). This was in anticipation of funding a portion of the ongoing operation and maintenance costs for the fire station as a CEQA (California Environmental Quality Act) impact mitigation. Initially, the district boundary included two tracts on the northeast and northwest corners of Palm A venue and Irvington A venue, and a 90 acre parcel of land, located northwest of Little League Drive and the 1-215 Freeway, which is currently owned by the Redevelopment Agency. In 2005, the Verdemont Fire Station, located on Palm Avenue, north of Kendall Drive, was completed. It was also determined that as development occurs in the Verdemont Fire Station Service Area, developers/property owners would be required to pay a fair share cost of the operation and maintenance costs of the fire station. The developer/property owner may pay all of the fees at once at the time of development, referred to as the "In-Lieu Fee", or may elect to annex into the CFD and have the costs spread over the life of the CFD, which is for 30 years. The fair share costs were initially established as follows: . Residential In-Lieu Fee OR Annual assessment if paid through the CFD $6,349.88 per lot $350.00 per lot . Commercial, Industrial, other $44,358.4 7 per acre $2,445 per acre The above fees have been and continue to be subject to an annual increase of 2% beginning July 1,2005. On October 3, 2006, the Planning Commission approved Tentative Parcel Map No. 17052 and Development Permit II No. 04-54. This project is located on the southerly side of Industrial Parkway, between Cable Creek and Devil's Creek Flood Control Channels. The project consists of one industrial building to be built on 10.28 acres. Since this site is within the boundaries of the Verdemont Fire Station service area, part of the conditions of approval for this project include the payment of the In-Lieu Fee, or annexation into the CFD, as outlined above. The property owner, Victor De PietroNIC Vin EnterprisesNID LLC, appealed the requirement of paying the fire station impact mitigation fee. Part of the resolution to withdraw the appeal, was e e e the waiver of the annexation processing fee of $5,900 ($3,750 for consultant fee and $2,150 for stafflabor costs). The attached Resolution of Intention and Approving Annexation Map No.2, sets a public hearing for August 6, 2007. Notices and ballots will be mailed to the property owner as required by law. At the conclusion of the public hearing, a Resolution authorizing the annexation, a Resolution Calling the Special Election (mailed ballots) and a Resolution Declaring Election results will be submitted for your consideration. Approval of the annexation process will require 2/3rds of the votes received in favor of the annexation. Since the annexation, or payment of In- Lieu fee is a condition of approval for this development, and only one property owner is involved, a 100% approval is anticipated. In the event that the property owner does not return a favorable ballot, the owner will then have to pay the In-Lieu Fee, which is currently $47,073 per acre for a total of $483,916. If the annexation into the CFD is successful, the first year's assessment will be $26,673, and increase 2% each year until the expiration of the CFD. INANCIAL IMPACT: CFD 1033 annexation processing fee of $5,900 to be paid from 001-190-5502 (Professional/Contractual Services - Planning Division). The initial annual assessment will be $26,673, with an annual increase of 2% each year. All assessments collected are to be used for funding a portion of the operation and maintenance costs of the Verdemont Fire Station. RECOMMENDATION: Staff recommends that authorization to proceed be given and the attached resolution be adopted. e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e RESOLUTION NO. A RESOLUTION OF THE MAYOR A.I'JD CO!\'L'\1.0N COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO.2) TO COMMUNITY FACILITIES DISTRICT NO. 1033, FOR TENTATIVE PARCEL MAP NO. 17052 LOCATED 0:'\ I:'o1DUSTRIAL PARKWAY BETWEEN CABLE CREEK Al'iD DEVIL'S CREEK FLOOD CONTROL CHANNELS Al'iD ADOPTING AN ANNEXATION MAP SHOWING THE TERRITORY OF ANI\iEXA TIO;>'; NO.2. WHEREAS. the City of San Bernardino, California (the "City"), is a municipal corporation and charter city, duly organized and existing pursuant to the provisions of the Constitution of the State of California: and, WHEREAS. the Mayor and Common Council urthe City at this time desires to authorize the annexation of territory to Community Facilities District No. 1033. City of San Bernardino (hereafter referred to as "CFD No. 1033") pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982". being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code (Section 53311 et seq.) of the State of California. as amended (the "Act''). and, WHEREAS. CFD '"'0. 1033 was formed to finance public facilities and senices in addition to those pro\'ided in or required for the territory within the CFD ~o. 1033 and will not be replacing facilities and sen'ices already available. WHEREAS, certain territory is proposed to be annexed to CFD No. 1033 and such territory shall be knO\\TI and designated as Community Facilities District No. 1033. AlU1exation No. 2 (hereafter referred to as "Annexation No. 2"). WHEREAS, the :Ylayor and Common Council now desires to proceed to adopt its Resolution of Intention to annex Annexation No.2 into CFD '\0. 10,3. to describe the territory . . . included within AlU1exation NO.2 proposed to be alU1exed, to specify the facilities and services to 06/28/07 no.l! 1/z, It) e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAl'O BERNARDINO DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (AN'iEXA TIO'i NO.2) TO COMMUNITY FACILITIES DISTRICT 1'00.1033. FOR TENTATIVE PARCEL MAP NO. 17052 LOCATED ON INDUSTRIAL PARKWAY BETWEE'i CABLE CREEK A'iD DEVIL'S CREEK FLOOD CO]'o;TROL CHANNELS AND ADOPTING AN ANl'iEXATlON MAP SHOWIl\G THE TERRITORY OF Al\]'o;EXATlON NO.2. be financed from the proceeds of the levy of special taxes within Annexation No.2. to set and specify the special taxes that would be levied within the territory to finance such facilities and services. and to set a time and place for a public hearing relating to the annexation of Annexation No.2 into CFD No. 1033: and. WHEREAS, a map showing the boundaries of Annexation No.2 proposed to be annexed has been submitted. and a copy of the map shall be kept on file in the City Clerk' s Office with the records of these proceedings. NOW, THEREFORE, BE IT RESOLVED, DETERMIl'iED AND ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: SECTION I. Recitals. The above recitals are all true and correct. SECTION 2. Authorization. These proceedings for annexing Annexation No.2 into CFD No. 1033 are authorized and initiated by the Mayor and Comon Council pursuant to the authorization of the Act. SECTION 3. Intention to Anncx. The Mayor and Common Council hereby determines that the public convcnience and necessity requires that Annexation NO.2 be added to CFD No. 1033 in order to pay the costs and expenses for the required and authorized new facilities and services generated from new development within the City and the Mayor and Common Council declares its intcntion to annex Annexation No.2 to CFD No.1 033. 06/28/07 2 e e 5 6 7 8 9 10 11 12 13 14 ]5 16 17 18 19 20 21 22 23 24 25 26 27 28 e ] 2 RESOLCTlON OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDI'\O DECLARING ITS INTENTlOIIi TO AUTHORIZE THE AN!'iEXA T10N OF TERRITORY (ANNEXATION 3 '\0.2) TO COMMUNITY FACILITIES DISTRICT NO. 1033, FOR TFST ATlVE PARCEL MAP NO. 17052 LOCATED ON INflUSTRIAL PARKWAY BETWEEN CABLE CRLEK AND DEVIL'S CREEK FLOOD 4' CONTROL CHAN'\ELS AND ADOPTING A!'i ANNEXATION MAP SHOWING THE TERRITORY OF A!'iNEXA T10N NO.2. SECTIOi'l 4. Adoption of AnnexaIion Map. The map showing Annexation No.2 and to be subject to the levy of a special tax by CFD No. 1033 upon the annexation of such territory to CFD No. 1033 is hereby approved and adopted. Such map is designated by the name of "Annexation Map No.2 of Community Facilities District No. 1033, City of San Bernardino, County of San Bernardino, State of California", on file in the office of the City Clerk, a copy of which is attached hereto as Exhibit" A ,. and made a part hereof. SECTION 5. Map Certificate. A certificate shall be endorsed on the original and on at least one (I) copy of the map of Annexation No.2. eyidencing the date and adoption of this Resolution. and within fifteen days after the adoption of this Resolution. a copy of said map shall be filed with the correct and proper endorsements thereon with the County Recorder. all in the manner and forlll proyided for Section 3111 of the Streets and Highways Code of the State California. SECTION 6. Boundaries. A general description of the boundaries of Annexation No.2 proposed to be annexed is as follows: All that territory proposed to be annexed to CFD No. 1033, as such property is shown on a map designated as "Annexation Map No.2 of COIllJ:1Unity Facilities District 1\0. 1033. City of San Bernardino. County of San Bernardino. State of California:' attached hereto as Exhibit "A" and hereby incorporated by reference. SECTION 7. Name of District. The name of the district is "Community Facilities District No. 1033'" and the designation for the territory to be annexed shall be "Community Facilities District No. 1033. Annexation NO.2." 06/28/07 3 e e 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 1 2 RESOLt.:TION OF THE MAYOR AND COMMON COt.:NCIL OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO Al'THORIZE THE ANNEXATlO,," OF TERRITORY (ANNEXATION 3 NO.1) TO COMMUNITY FACILITIES DISTRICT NO. 1033, FOR TENTATIVE PARCEL MAP NO. 17052 LOCATED ON INDUSTRIAL PARKWAY BETWEEN CABLE CREEK AND DEVIL'S CREEK FLOOD 4 CONTROL CHANNELS AND ADOPTING AN ANNEXA TlOI\ MAP SHOWING THE TERRITORY OF ANI\EXATlON NO.2. SECTION 8. Facilities and Services Authorized to be Financed by CFD No. 1033. Annexation NO.2. The facilities and services that are authorized to be financed by CFD No. 1033 are certain facilities and services which are in addition to those provided in or required for the territory within CFD No. 1033 and Annexation NO.2 and will not be replacing facilities and services already available. A general description of the facilities and services to be financed by CFD No. 1033 is as follows: The continued operation and maintenance of the Verdemont Fire Station, including but not limited to payment of compensation of employees, including salary and benefits, maintenance and operation of fire safety vehicles and the fire station structures. any other expenses required to keep such equipment and imprmements in fit operating condition and any incidental expenses (collectively, the "O&M Expenses''). and all necessary administrative expenses of the City. The descriptions contained herein are general in nature and do not necessarily include all related and appurtenant costs and expenses necessary for the proposed facilities and services. The sanle types of facilities and services \\hich are authorized to be financed by CFD No. 1033 are the types of facilities and services to be prmided in Annexation :\0. 2. If and to the extent possible, such facilities and services shall be pro\'ided in common within CFD No. 1033 and ArUlexation NO.2. SECTION 9. Special Taxes. It is the further intention of the \1ayor and Common Council that. except where funds are otherwise a\'ailabIe. a special tax sufficient to pay for such services to be provided in CFD No. 1033 and Annexation 1\"0. 2 and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in Annexation No.2, will be levied annually within the boundaries of such Annexation No.2. For 06/28/07 4 e e e 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDI:\O DECLARING ITS I]\,TENTlO!\l TO AUTHORIZE THE AN]\'EXA TIO!\l OF TERRITORY (A;Ii]\,EXA TION NO.2) TO COMMUNITY FACILITIES DISTRICT NO. 1033, FOR TENTATIVE PARCEL MAP NO. 17052 LOCA TED ON INDUSTRIAL PARKWAY BETWEEN CABLE CREEK AND DEVIL'S CREEK FLOOD CONTROL CHANNELS AND ADOPTliliG AN ANNEXATION :\'lAP SHOWING THE TERRITORY OF A]\'NEXATlOili :'\0. 2. further particulars as to the rate and method of apportionment of the proposed special tax. reference is made to the attached and incorporated Exhibit "B" (the "Rate and Method of Apportionment"I, which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within proposed Annexation NO.2 to clearly estimate the maximum amount that such person will ha\'e to pay. The special tax proposed to be levied within Annexation :\0. 2 for facilities and services to be supplied within Annexation No.2 shall be equal to the special tax levied to pay for the same facilities and services in CFO :\0. 1033, except that a higher or lower special tax may be levied within Annexation :\0. 2 to the extent that the actual cost of providing the facilities and services 17 in Annexation :-';0. 2 is higher or lower than the cost of providing those facilities and sen'ices in CFO No. 1033. 1\otwithstanding the foregoing, the special tax may not be le\'ied at a rate that is higher then the maximum special tax authorized to be levied pursuant to the Rate and Method of Apportionment. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties. procedure, sale and lien priority in any case of delinquency as applicable for ad \'alorem taxes. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer. The maximum special tax rate in CFO )\0. 1033 shall not be increased as a result of the 06/28/07 5 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e RESOLUTION OF THE MAYOR A"OD COMMON COl'\'CIL OF THE CITY OF S..\.' BER!I;ARDli"O DECLARING ITS INTEi"TIO:l: TO ACTHORIZE THE ANNEXA TION OF TERRITORY (.;\N"OEXA TlO' NO.2) TO COMMUNITY FACILITIES DISTRICT '110.1033, FOR TENTATIVE PARCEL MAP "00. 1'052 LOCA TED ON INDUSTRIAL PARKWAY BETWEEN CABLE CREEK AND DEVIL'S CREEK FLOOD CONTROL CHANNELS AND ADOPTING AN ANNEXATIO'l/ MAP SHOWI:l:G THE TERRITORY OF ANNEXATION NO.2. annexation of Annexation r-;o. 2 to CFD No. ]033. SECTION 10, Public Hearing. Notice is givcn that on the 6111 day ofA.ugust, 2007 at thc hour of 4:00 p.m., in the regular meeting place of the Mayor and Common Council, being the Council Chambers, City Hall. located at 300 North "D" Street, San Bernardino, California 924]8, a public hearing will be held where the Mayor and Common Council will consider the authorization for the annexation of Almexation No, 2 to CFD No. 1033. the proposed method and apportionment of the special tax to be levied with Anncxation No.2 and all other matters as set forth in this Resolution of Intention, At such public hearing. the testimony of all interested persons for or against the annexation of Annexation No.2 or the levying of special taxes within Annexation '\0, 2 will be heard. At such public hearing. protests against the proposed annexation of Annexation '\0 2. the le\). of special taxes within Annexation No.2 or any other proposals contained in this resolution may be made orally or in writing by any interested person, Any protests pertaining to thc regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularities or defects to which objection is made. All \\Titten protests shall be filed with the City Clerk on or prior to the time fixed for the public hearing. \\iritten protests may be withdrawn at any time before the conclusion of the public hearing, SECTION II. \1aioritv Protest. If (a) 50% or more of the registered voters. or six (6) registered voters, whichever is more, residing within CFD No. 1033, Ib) 50% or more of the 06/28/07 6 tit tit e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 i, 20 21 22 23 24 25 26 27 28 RESOLLTlON OF THE MAYOR A."'D COMMON COUNCIL OF THE CITY OF SAN BERNARDI!IOO DECLARING ITS I!IOTEi':T10N TO AUTHORIZE THE Ai':!IO[XATIOi'i OF TERRITORY (ANNEXA T10,", NO.2) TO COMMUNITY FACILITIES DISTRICT 1"0.1033. FOR TE!IOTATI\'E PARCEL MAP NO. 1"052 LOCATED ON INDL;STRIAL PARKWAY BETWEEN CABLE CREEK Ai':D DEVIL'S CREEK FLOOD CONTROL CHANNELS AND ADOPTING AN ANi':EXATIO:\ !\lAP SHOWING THE TERRITORY OF A:>INEXA T10N ""0. 2. registered \'oters. or six (6) registered \'oters, whichever is more. residing within Annexation No. ::!. (c) owners of one-half or more of the area ofland in the territory included in CFO 1\0. 1033, or (d) owners of one-half or more of the area ofland in the territory included in Annexation No.2, file written protests against the proposed annexation of Annexation No.2 to CFO No.1 033 and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of one year from the date of the decision by the Mayor and Common Council on the issues discussed at the public hearing. SECTlO:"i 12. :\'otice. Notice of the time and place of the public hearing shall be given by the City Clerk by publication pursuant to Section 6061 of the GOIernment Code. with said publication to be completed at least se\'en (7) days prior to the date set for the public hearing. 06/28/07 7 e e e 11 12 13 14 15 16 17 18 19 20 21 1 2 RESOL\jTlUN OF THE MAYOR A"iD COMMON COUNCIL OF THE CITY OF SAN BERNARDI!\:O DECLARING ITS INTENTION TO AUTHORIZE THE A!\:NEXATION OF TERRITORY (ANNEXATION 3 NO.2) TO COMMUNITY FACILITIES DISTRICT NO. 1033, FOR TENTATIVE PARCEL MAP NO. 17052 LOCATED ON INDUSTRIAL PARKWAY BETWEEN CABLE CREEK AND DEVIL'S CREEK FLOOD 4 CONTROL CHANNELS AND ADOPTING AN ANNEXATION MAP SHOWING THE TERRITORY OF AN:-1EXA TION NO. 2. 5 6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a meeting thereof held 011 8 9 day of the . 2007. by the following vote. to-wit: 10 Council Members: A YES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK City Clerk 22 The foregoing resolution is hereby approved this _ day of 23 24 25 26 27 28 .2007. 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O~/' 0/ /' ~---...--/. ./ / ~, .;,,, iN/ ~' .Ie .' i 8,' " ':1---- / 11.l;",'... c' ",'< , /' /" , i , ~~ , .// , c , u < c " " u --____il" ;n. o o , <ii '(3 C ; rn H c !~ u:: ;~ clJi ::rt:i{ :> 1J!1 ~ i ,./' / /' ~' ':::, -.......................... ' . ~ -...........j (.;.i ,~ ~ i I ", EXHIBIT "A" e e e EXHIBIT B RA TE AND METHOD OF APPORTlON"'IENT OF SPECIAL TAX COMMUNITY FACILITIES DISTRICT l'iO.l033 CITY OF SAN BERNARDINO This Rate and Method of Apportionment of this Special Tax sets forth the special tax applicable to each Assessor's Parcel within Community Facilities District No. 1033 ("CFD No. I 033") of the City of San Bernardino ('"City") to be levied and collected according to the special tax liability determined by the Common Council of the City, acting as the Legislative Body of CFD No. 1033. The applicable Special Tax shall be determined pursuant to the application of the appropriate amount or rate as described below. All Taxable Property within CFD No. ] 033, unless exempted by law. or the provisions of Section E, below, shall be subject to the applicable Special Tax levied and collected to the extent and in the manner herein provided. This Rate and Method of Apportionment also is provided as an explanation to allow landowners or residents within CFD No. 1033 to estimate the Special Tax to be annually levied and collected, or prepaid. as the case may be, with regard to property within CFD No. 1033. A. Definitions '"Act" means the Mello-Roos Community Facilities Act of 1981, as amended. being Chapter 1.5 (commencing with Section 53311) of Division 1 of Title 5 of the California Government Code. "Administrative Expense" means any costs incurred by the City on behalf of CFD No. 1033 related to the determination of the amount of the annual levy of the Special Tax, the collection of the Special Tax. and the other costs incurred in order to carry out the authorized purposes of CFD '\0. 1033. "Special Tax" means the special tax to be levied in each Fiscal Year pursuant to Sections C. and D. on each Assessor's Parcel for a period not to exceed 30 years including the Initial Fiscal Year. "Assessor's Parcel" means a parcel of land as designated on an official map of the San Bernardino County Assessor which has been assigned a discrete identifying parcel number. '"Commercial/Retail/Office/lndustrial Property" means property zoned for commercial, retail. office or industrial uses or other non-residential uses. "Common Council" means the Common Council of the City of San Bernardino. e "Residential Property" means for any Fiscal year all Taxable Property for which a foundation building pemlit for single family or multi-family units was issued prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied. "Facilities" means the' Fire Station Sen'ices as may be identified in the Community Facilities District Engineer's Report prepared for CFD No. 1033 on file in the Office of the City Clerk. or the continued operation and maintenance of the Verdemont Fire Station, including but not limited to payment of compensation of employees, including salaries and benefits. maintenance and operation of fire safet)' vehicles and the fire station structures, any other expenses required to keep the such equipment and improvements in fit operating condition and an)' incidental expenses (collectively. the "O&M Expenses") to be financed by CFD No, 1033 pursuant to the Act. "Fiscal Year" means the period starting on July I st and ending the following June 30th. "In-Lieu Fee" means a one-time fee, which fee shall be deposited into an interest bearing reserve account for future 0&1\1 Expenses in the following amounts and for which a further explanation of the In-Lieu Fee will be described in an estimated cost report: Residential Zone $6,349.88 per residential dwelling unit as an In- Lieu Fee e CommerciaL RetaiL Office Zone $44.358.4 7 per acre of development as set forth on a site plan of de\'elopment as an In-Lieu Fee Industrial Zone $44,358.4 ~ per acre of de\"Clopment as set forth on a site plan of development as an In-Lieu Fee "Land Cse Class" means any of the classes of Property listed in Table 1 and Table 2. below. "Project'" means any project undertaken for the purpose of development involving the approval or issuance of any permit or entitlement for use by any governmental agency and includes all such permits and entitlements for use whether classified as quasi- legislative. quasi-judicial or ministerial in nature, including, but not limited to. the adoption, amendment. approval or issuance of any general plan. specific plan, master plan. zoning ordinance. tentative subdivision map. tentative parcell11ap. linal subdivision map. final parcel map, variance, conditional use permit, site plan. plot plan. development plan, annexation, public utility connection. building permit and certilicate of occupancy. "Taxable Property" means all Assessor's Parcels within the boundaries of CFD No. 1033 which are not exempt from the Special Tax pursuant to the Act and the provisions of Section E. herein. e e e e B. Assignment to Land Fse Classes As soon as practicable, as of \lay 1 for the next succeeding Fiscal Year, all Taxable Property within CFD No. 1033 shall be categorized as Residential Property or either Commercial/Retail/Office/lndustrial Zone Property. Taxable Property shall be subject to a Special Tax pursuant to Sections C. and D. below. C. Special Tax 1. Residential Property The Special Tax for each Assessor's Parcel classified as Residential Property shall be the amount determined by reference to Table I and the paragraphs that follow Table I. Table I Special Tax Rates for Residential Property (For the Initial Fiscal Year 2004-05) Land Use Class Special Tax Per Unit (2004-05) Land C se Description ') Single Family Detached Unit Multi-Family Unit/Attached Dwelling Unit $350.00 $350.00 In determining the Special Tax which may be levied in any Fiscal Year, on July L 2005. and on each July I thereafter, the Special Tax shall be increased by an amount not to exceed 2 % of the amount in effect for the previous Fiscal Year, up to the Fiscal Year commencing July L 2033. The Special Tax shall terminate as to such Assessor's Parcel at the close of the thirtieth (30tl,) Fiscal Year following the beginning of the Initial Fiscal Year 2004-2005, i.e.. the Special Tax shall terminate as of June 30. 2034. 2. Commercial/Retail/Office/lndustrial Zone Property The Special Tax for each Assessor's Parcel classified as either Commercial. Retail, Office, or Industrial Zone Property shall be the amount determined by reference to Table 2 and the paragraphs that follow Table 2. Table 2 Special Tax Rates for Commercial/RetaiJlOffice/lndustrial Zone Property (For the Initial Fiscal Year 2004-05) Land Cse Class Special Tax Per Acre (2004-05) Land Lese Description 3 4 Commercial Retail Office Industrial $2.445.00 $2.445.00 $2,445.00 $2.445.00 5 6 e e e In determining the Special Tax which may be levied in any Fiscal Year. on July I, 2005, and on each July I thereafter. the Special Tax shall be increased by an amount not to exceed 2 % of the amount in effect for the previous Fiscal Year, up to the Fiscal Year commencing July 1,2033. The Special Tax shall terminate as to such Assessor's Parcel at the close of the thinieth (3oth) Fiscal Year following the beginning of the Initial Fiscal Year 2004-2005, i.e.. the Special Tax shall terminate as of June 30, 2034. D. Method of Apportionment of the Special Tax Commencing with Fiscal year 2004-05, and each Fiscal Year thereafter, the Council shall determine the Special Tax to be collected from Taxable Propeny in CFD No, 1033. The Council may levy the Special Tax on all Assessor's Parcels of Development Propeny by levying the Special Tax for Land Use Classes 1,2,3,4.5 and 6. E. Limitations The Council shall not levy a Special Tax on propenies owned by the State of California, federal or other local governments, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act. Property which becomes the property of the State of California, the federal government or other public agency is liable for the Special Tax levied in the Fiscal Year during which such transfer occurs and will be subject to the Special Tax in each Fiscal Year thereafter under the original Land Use Class for such Assessor's Parcel. Such Assessor's Parcel may be exempted. at the direction, and in the discretion, of the Council in any Fiscal Year. F. Prepayment of the Special Tax Any owner of propeny within CFD No. 1033 may discharge the Special Tax obligation in full or in part, by making payment pursuant to the applicable Sections F. 1. or F. 2 as follows: 1. Upon the Approval of a Tentative or Parcel Map At the time of approval of a tentative or parcel map, the owner of such residential unit may prepay the Special Tax in full or in part by making a cash payment to CFD ),'0. 1033, in which case the Special Tax for the Initial Fiscal Year. and each Fiscal Year thereafter, shall be reduced according to the following steps: a. Determine the maximum prepayment if the owner were to prepay the Special Tax in entirety. For example, for Projects approved prior to July I, 2005, the maximum prepayment for each residential unit is $6,439.88 and for each acre of development as set forth on a site plan of development for Commercial/RetaiJiOffice or Industrial zone property is $44,358.4 7. b. Determine the property's revised Special Tax by multiplying the property's applicable Special Tax for the Initial Fiscal Year determined e e e pursuant to Section C. 1. by one minus the quotient obtained by diyiding the cash payment made by the owner pursuant to this Section F. 1 .b. by the maximum prepayment obligation determined pursuant to Section F. I .a. The property's revised Special Tax for the Initial Fiscal Year, and each Fiscal Year thereafter, shall be the Special Tax for the applicable land use designation (Residential or Commercial/RetaillOffice/lndustrial zone Property) for purposes of Sections C. and D. herein. 2. After the Approval of the Tentative Map/Parcel Map After the time a tentatiye or parcel map has been approyed, and prior to May I for the next succeeding Fiscal Year, the owner of such parcel may prepay the Special Tax in full or in part by making a cash payment to CFD No. 1033. in which case the Special Tax for the applicable Fiscal Year, and each Fiscal Year thereafter, shall be reduced according to the following steps: a. Compute the present value of the Special Tax using a period equal to the lesser of the remaining term for which the Special Tax may be leyied on such parceL then b. Multiply the amount determined in Section F.2.a; aboye, by the owner's desired prepayment percentage (which shall be a minimum of twenty percent (20%) of the present \'alue of the total Special Tax) to determine the prepayment amount subject to additional adjustments as specified below: then c. Add the following to the result of Section F.2.b.: I) Unpaid special taxes, interest and penalties, if any. which have been entered on the Assessor's tax roll: and i\') a 575 administratiye charge per Assessor Parcel. d. The Special Tax applicable to property utilizing a prepayment percentage less than 100% shall be revised in the Fiscal Year following the date of prepayment by multiplying such property's Special Tax by the prepayment percentage actually determined in Section F.2.b. Such property's reyised Special Tax for the Fiscal Year following the date of prepayment. and each Fiscal Year thereafter, shall be the Special Tax for such property for purposes of Sections C. and D. herein. In no event shall the In-Lieu Fee be increased by more than 2% per year nor shall the Tax be increased by more than 2% per year. based upon a cost inflation formula to be continued in the Estimated Cost Report and the Engineer's Report and made a part of the formation documents for the District. from the previous year for any property located within the District that was previously assessed and charged with the Tax in the immediately preceding year. The e e e Special Tax and the In-Lieu Fee shall be recalculated annually to reflect (i) any changes in the O&M Expenses, (ii) the annexation of additional property into the District, (iii) the payment of the O&M Expenses, or any portion thereof, with funds other than the Tax, liv) the amount of In- Lieu Fees available to be applied for the applicable for which the calculation is being made, and (v) any other changes which may affect the estimated O&M Expenses for such year. G, Manner of Collection The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem real property taxes. The Special Tax shall be subject to the same penalties and the same procedure, sale and lien priority in case of a delinquency as provided for with ad valorem taxes. The collection of the Special Tax shall otherwise be subject to the provisions of the Act. The Common Council reserves the power to provide for alternative means of collection of special taxes as permitted by the Act. H, Termination of Special Tax Levy Provided that Special Taxes previously levied on an Assessor's Parcel are not delinquent, the lien of special taxes ofCFD No. 1033 shall terminate as to such Assessor's Parcel at the close of the thirtieth (30) Fiscal Year following the beginning of the Initial Fiscal Year for such Assessor's Parcel. Furthermore, provided an owner within CFD No. 1033 fully and completely discharges their special tax obligation pursuant to Sections F.I and/or F.2, the lien of special taxes ofCFD ~o. 1033 shall terminate. Pursuant to Section 53330.5 of the Act. the Common Council shall. upon written request, cause to be recorded in the official records of San Bernardino County a Notice of Cessation of Special Tax Lien for each Assessor's Parcel upon termination of the lien on such Assessor's Parcel. I. Review/Appeal Board The Council shall establish, as part of the proceedings and administration of CFD No. 1033, a special Review/Appeal Board. Any landowner who feels that the amount of the Special Tax, as to their Assessor's Parcel, is in error may file a notice with the Review/Appeal Board appealing the amount of the levy. The Review/Appeal Board shall interpret this Rate and Method of Apportionment of the Special Tax and make determinations relative to the annual administration of the special tax and any landowner appeals. as herein specified.