HomeMy WebLinkAboutReso 1999-19584.-. RESOLUTION NO. 19584
RESOLUTION FORMING AND ESTABLISHING COMMUNITY
FACILITIES DISTRICT NO. 99-1 (OTAY RANCH SPA ONE -
PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE
WEST) AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL
TAXES TO THE QUALIFIED ELECTORS
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City
Council"), has previously declared its intention and ordered the preparation of a Special Tax
Report relating to the initiation of proceedings to create a Community Facilities District
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 of the State of
California (the "Act") and the City of Chula Vista Community Facilities District Ordinance
enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and
7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the
Ordinance may be referred to collectively as the "Community Facilities District Law"). This
Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES
DISTRICT NO. 99-1 (OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE
AND VILLAGE ONE WEST) (the "District"); and
WHEREAS, notice of a public hearing relating to the establishment of the District, the
extent of the District, the financing of certain public facilities and all other related matters has
been given, and a Community Facilities District Report, as ordered by this City Council, has
been presented to this City Council and has been made a part of the record of the hearing on
the Resolution of Intention to establish such District; and,
WHEREAS, there has also been presented to the City Council an amended boundary
map of the District showing the deletion of certain parcels from the District and an amended
rate and method of apportionment of special taxes which conforms to the changes in the
boundaries of the District; and
WHEREAS, all communications relating to the establishment of the District, the
proposed public facilities and the proposed rate and method of apportionment of special tax
have been presented, and it has further been determined that a majority protest as defined by
law has not been received against these proceedings; and,
WHEREAS, inasmuch as there have been less than twelve (12) registered voters
residing within the territory of the District for at least the preceding ninety (90) days, the
authorization to levy special taxes within the District shall be submitted to the landowners of
the District, such landowners being the qualified electors as authorized by law.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. RECITALS The above recitals are all true and correct.
SECTION 2. DETERMINATIONS It is hereby determined by this City Council that:
A. All prior proceedings pertaining to the formation of the District were valid and
taken in conformity with the requirements of the law, and specifically the
Resolution 19584
Page 2
provisions of the Community Facilities DistriCt Law, and that this finding and
determination is made pursuant to the provisions of Government Code Section
53325.1.
B. The written protests received, if any, do not represent a majority protest as
defined by the applicable provisions of the Community Facilities District Law
and, therefore, the special tax proposed to be levied within the District has not
been precluded by majority protest pursuant to Section 53324 of the
Government Code of the State of California.
C. The District as proposed conforms with the City of Chula Vista Statement of
Goals and Policies Regarding the Establishment of Community Facilities
Districts, as amended.
D. Less than twelve registered voters have resided within the territory of the
District for each of the ninety days preceding the close of the public hearing,
therefore, pursuant to the Community Facilities District Law the qualified
electors of the District shall be the landowners of the District as such term is
defined in Government Code Section 53317(f) and each landowner who is the
owner of record as of the close of the public hearing, or the authorized
representative thereof, shall have one vote for each acre or portion of an acre
of land that she or he owns within the District.
E. The time limit specified by the Community Facilities District Law for conducting
an election to submit the levy of the special taxes to the qualified electors of
the District and the requirements for impartial analysis and ballot arguments
have been waived with the unanimous consent of the qualified electors of the
District.
F. The City Clerk, acting as the election official, has consented to conducting any
required election on a date which is less than 125 days following the adoption
of any resolution forming and establishing the District,
SECTION 3. COMMUNITY FACILITIES DISTRICT REPORT The Community Facilities District
Report for the District (the "Report"), as now submitted by McGill Martin Self, Inc., Special
Tax Consultant, shall stand as the report as required pursuant to Government Code Section
53321.5 for all future proceedings and all terms and contents are approved as set forth
therein.
SECTION 4. NAME OF DISTRICT The City Council does hereby establish and declare the
formation of the District known and designated as "COMMUNITY FACILITIES DISTRICT NO.
99-1 (OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE
ONE WEST)."
SECTION 5. BOUNDARIES OI= DISTRICT The boundaries and parcels of land in which the
public facilities are to be provided and on which special taxes will be levied in order to pay the
costs and expenses for such public facilities are generally described as follows:
Resolution 19584
Page 3
All property within the boundaries of COMMUNITY FACILITIES DISTRICT NO. 99-1
(OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE
ONE WEST), as shown on the amended boundary map of the District, such map
designated by the name of this District, a copy of which is on file in the Office of the
City Clerk. The amended boundary map of the District is hereby approved and shall
supercede the original boundary map. The amended boundary map shall be recorded
in the Office of the County Recorder of the County of San Diego as required by law.
SECTION 6. DESCRIPTION OF FACILITIES A general description of the public facilities
which this legislative body is authorized by law to construct, own or operation, which are the
facilities to be financed under these proceedings, are generally described in Exhibit A attached
hereto and incorporated herein by this reference.
The facilities as above-described are facilities which the City Council is authorized by
law to contribute revenue to or to construct, own or operate. It is hereby further determined
that the proposed facilities are necessary to meet increased demands and needs placed upon
the City, and the costs and expenses charged to this District represent the fair share costs of
the facilities attributable to this District.
For a full and complete description of such facilities, reference is made to the Report,
a copy of which is on file in the Office of the City Clerk. In addition to financing the above
described facilities, the financing of those incidental expenses described in the Report are also
approved and authorized.
SECTION 7. SPECIAL TAX Except where funds are otherwise available a special tax,
secured by recordation of a continuing lien against all non-exempt real property in the
proposed District, is hereby authorized, subject to voter approval, to be levied within the
boundaries of such District. For 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
"Special Tax Formula"), which sets forth in sufficient detail the method of apportionment to
allow each landowner or resident within the proposed District to estimate the maximum
amount that such person will have to pay. Such special tax shall be utilized to pay directly
for the previously described facilities, to pay debt service on authorized bonds to assist in
financing such facilities, to replenish any reserve fund established for such bonds, and to pay
the costs of administering the bonds and the District.
The special taxes herein authorized, to the extent possible, shall be collected in the
same manner as ad valorera property taxes and shall be subject to the same penalties,
procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes;
provided, however, the District may utilize a direct billing procedure for any special taxes that
cannot be collected on the County tax roll or may, by resolution, elect to collect the special
taxes at a different time or in a different manner if necessary to meet its financial obligations.
Under no circumstances will the special tax to be levied against any parcel used for
private residential purposes be increased as a consequence of delinquency or default by the
owner of any other parcel or parcels within the District by more than ten percent.
This legislative body further authorizes that special taxes may be prepaid and satisfied
by payment of the prepayment amount calculated pursuant to the Special Tax Formula.
Resolution 19584
Page 4
Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the
Streets and Highways Code of the State of California, a continuing lien to secure each levy
of the special tax shall attach to all non-exempt real property in the District and this lien shall
continue in force and effect until the special tax obligation is prepaid and permanently satisfied
and the lien canceled in accordance with law or until collection of the tax by the legislative
body ceases.
SECTION 8. PREPARATION OF ANNUAL TAX ROLL The name, address and telephone
number of the office, department or bureau which will be responsible for preparing annually
a current roll of special tax levy obligations by Assessor's parcel number and which shall be
responsible for estimating future special tax levies pursuant to Section 53340.1 of the
Government Code of the State of California, are as follows:
Engineering Department
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
(619) 691-5021
SECTION 10. SUBSTITUTION FACILITIES The description of the public facilities, as set
forth above, is general in its nature. The final nature and location of such facilities will be
determined upon the preparation of final plans and specifications therefor. Such final plans "'-
may show substitutes in lieu of, or modification to, the above described facilities and any such
substitution shall not be a change or modification in the proceedings as long as the facilities
provide a service substantially similar to that as set forth in this Resolution.
SECTION 11. APPEALS AND INTERPRETATION PROCEDURE Any landowner or resident
who feels that the amount or formula of the special tax is in error may file a notice with the
Agency appealing the levy of the special tax. An appeals panel of 3 members, as appointed
by the Agency, will then meet and promptly review the appeal, and if necessary, meet with
the applicant. If the findings of the appeals panel verify that the special tax should be
modified or changed, a recommendation at that time wilt be made to the City Council and, as
appropriate, the special tax levy shall be corrected, and if applicable in any case, a refund shall
be granted.
Interpretations may be made by the City Council by Resolution for purposes of
clarifying any vagueness or ambiguity as it relates to any category, zone, rate or definition
contained in the Special Tax Formula.
SECTION 12. ELECTION This City Council herewith submits the levy of the special tax to
the qualified electors of the District, such electors being the landowners in the District, with
each landowner having one (1) voter for each acre or portion thereof of land which he or she
owns within the District.
This legislative body hereby further directs that the ballot proposition relating to the ~
levy of the special tax be combined and consolidated with the proposition relating to the
incurring of a bonded indebtedness. This Resolution shall not constitute the notice of the
election, and the Resolution declaring the necessity to incur the bonded indebtedness shall
constitute the notice of the election relating to the combined proposition on the authorization
Resolution 19584
Page 5
to incur a bonded indebtedness and authorization for the special tax levy and the proposition
to establish an appropriations limit for the District.
Presented by Approved as to form by
Public Works Director ney
Resolution 19584
Page 6
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 31 ,t day of August, 1999, by the following vote:
AYES: Councilmembers: Davis, Moot, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: Padilia
ABSTAIN: Councilmembers: None
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 19584 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 31" day of August, 1999.
Executed this 31" day of August, 1999.
CITY OF CHUIA VISTA
COMMUNITY FACHATIES DISTRICT NO. 99~1
(Omy Ranch SPA One - Portions of Village One, Village Five and Village One West)
RATE AND METHOD OF APPORTIONMENT
CITY OF CHULA VISTA
COMMUNITY FACII ;1TIES DISTRICT NO. 99-1
(OTAY RANCH SPA ONE -
PORTIONS OF VII J,AGE ONE, VILLAGE FIVE AND VII ,I ,AGE ONE WEST)
RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAX
A Special Tax as hereinafter defined shall be levied on all Taxable Property within the City of
Chula Vista Community Facilities District No. 99-1 ("CFD No. 99-1") and collected each Fiscal
Year commencing in Fiscal Year 2000-2001, in an mount determined by the City Council
through the application of the'appropriate Special Tax for "Developed Property", "Taxable
Property Owner Association Property", and "Undeveloped Property" as described below. All of
the real property in CFD No. 99-1, unless exempted by law or by the provisions hereof, shall be
taxed for the 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 of an Assessors Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessors Parcel Map, the land area __~.
shown on the applicable final Illap, paxeel map, condomiinum plan, record of survey, or other
recorded document creating or describing the parcel. If the preceding maps are not available,
the Acreage shall be determined by the City Engineer.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter
2.5, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonable estimated costs
directly related to the administration of CFD No. 99-1, including but not limited to, the
following: the costs of computing the Special Taxes and preparing the annual Special Tax
collection schedules (whether by the City or designee thereof or beth); the costs of collecting
the Special Taxes (whether by the County, the City, or otherwise); the costs of remitting the
Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the
discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 99-1
or any designee thereof of complying with arbiwage rebate requirements; the costs to the
City, CFD No. 99-1 or any designee thereof of complying with City, CFD No. 99-1 or
obligated persons disclosure requirements associated with applicable federal and state
securities laws and of the Act; the costs associated with preparing Special Tax disclosure
statements and responding to public inquiries regarding the Special Taxes; the costs of the
City, CFD No. 99-1 or any designee thereof related to an appeal of the Special Tax; the costs
of any credit enhancement obtained by the City or CFD No. 99-1 (but excluding the costs of
City of Chula Iqsta August 17, 1999
Community Facilities District No. 99-1 Page 1
any credit enhancement required to be provided by the Master Developer or any other owner
of~roperty within CFD 99-1), and the costs associated with the release of funds from an
escrow accoum, if any. Adrmmstmfive Expenses shall also include amounts estimated or
advanced by the City or CFD No. 99-1 for any other admmisuative purposes of CFD No. 99-
1, including attomey's fees and other costs related to commencing and pursuing to
completion any foreclosure of delinquent Special Taxes.
"Annexation Parcels" means those specific Assessor's Parcels that are subject to future
annexation into CFD No. 99-1 as depicted in Exhibit B attached herein. Any Annexation
Parcels that annex to CFD No. 99-1 will be subject to the Maximum Annual Special Tax and
the Backup Special Tax of the zone of CFD 99-1 within which such Annexation Parcel is
located and the appropriate land use category of CFD No. 99-1 to which such Annexation
Parcel.
"Assessor's Parcel" means a lot or parcel shown in an Assessors Parcel Map with an
assigned Assessor's Parcel number.
"Assessor's Parcel Map" means an official map of the County Assessor of the County
designating parcels by Assessor's Parcel number.
"Available Funds" means the balance in the reserve fund established pursuant to the terms
of the Indenture in excess of the reserve requirement as defined in such Indenture, delinquent
special m payments, foreclosure proceeds, the portion of proceeds of Backup Special Tax
payments and Special Tax prepayments collected to pay interest on Bonds, and other sources
of funds available as a credit to the Special Tax Requirement as specified in such Indenture.
"Backup Special Tax" means the Special Tax ~hat is required to be paid as a condition
precedent to the issuance of building permits or reeordation of final maps, as determined in
accordance with Section E below.
"Bonds" means any bonds or other debt (as defined in the Act), whether in one or more
series, issued by CFD No. 99-1 under the Act and secured by the levy of the Special Taxes.
"CFD Administrator" means an official of the City acting for and on behalf of CFD 99-1,
or designee thereof, responsible for determining the Special Tax Requirement and providing
for the levy and collection of the Special Taxes.
"CFD NO. 99-1" means City of Chula Vista Commumty Facilities DisWict No. 99-1 (Otay
Ranch 3PA One - Portions of Vitlage One, Village Five, and Village One West), as depicted
in Exhibit A.
"City" means City of Chula Vista.
Ci,tv of Chula irista August ]7. 1999
Communi,ty Facilities District No. 99-1 Page 2
"Commercial Property'~ means all Assessor's Parcels of Developed Property for which a
building pemut(s) was issued for a non-residential use, excluding Community Purpose
Facility Property..
"Community Purpose Facility Property" means all Assessors Parcels of Developed
Property, which are classified as community purpose facilities and meet the requirements of
City of Chula Vista Ordinance No. 2452.
"Council" means the City Council of the City, acting as the legislative body of CFD No.
99-1.
"County" means the County of San Diego.
"Developed Property" mean~, for each Fiscal Year, all Taxable Property, exclusive of
Taxable Property Owner Association Property, for which a building pen'nit for new
conswaction was issued prior to March 1 of the prior Fiscal Year.
"Development Projection" means an annual calculation for each Planning Area of CFD No.
99-1 of: (i) the number and total Residential Floor Area of existing dwelling umts of
Residential Property, the number of existing Acres of Commercial Property, and the number
of existing Acres of Community Purpose Facility Property, and (ii) a projection of all future
development, including the acreage, projected number of residential dwelling units, projected
Residential Floor Area, projected Commercial Property Acres, projected Community
Purpose Facility Property Acres, and an absorption schedule for all future development
within CFD No. 99-1. The Development Projection shall be dated as of March 1 and
prepared each Fiscal Year by the Master Developer. Upon submittal, the CFD Administrator
shall review, modify if necessary, and approve the Development Projection. If the
Development Projection is not received by the CFD administrator on or before April 1 of
each year, the CFD Administrator shall then prepare or cause to be prepared a Development
Projection.
"Final Residential Subdivision" means a subdivision of property created by recordation of
a :final map or parcel map, approved by the City pursuant to the Subdivision Map Act
(California Government Code Section 66410 et seq.), recordation of a lot line adjt~hnent
approved by the City which creates a parcel for which a building permit may be issued or
recordation ofa condominium plan pursuant to California Civil Code 1352 that creates
individual lots for which residential building permits may be issued Without further
subdivision of such property.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or
other instrument pursuant to which Bonds are issued, as modified, amended and/or
supplemented fxom time to time, and any instrument replacing or supplementing the same.
Ci.tv ofCItula I;ista Auptst 17, 1999
Communi.tv Facilittes District No. 99-I Page 3
"Land Use Class" means any of the classes listed in Tables 1, 2, and 3 of Section C.
"Master Developer" mcans the owner or owners of the predominant mount of
Undevclopcd Property in CFD No. 99-1.
"Maximum ,Annual Special Tax" means the maximum annual Special Tax, determined in
accordance with the provisions of Section C below, that may be levied in any Fiscal Year on
any Assessofs Parcel of Taxable Property.
"Occupied Residential Property" means all Assessors Parcels nfResidential Property,
which have closed escrow to an end user.
"Outstanding Bonds" means all Bonds, which remain outstanding,
"Planning Areas" means those areas shown on Exhibit C. Minor adju~iments in the
boundaries of the Planning Areas may be made by the CFD Adminis~ator to conform to the
tentative and final maps, lot line adjnslment or other property line adjustment approved by
the City for these areas. The Planning Areas in Exhibit C existing at the time of formation of
CFD No. 99-1 may be expanded to include Annexation Parcels from time to time or
a&titional Planning Areas may be established to include Annexation Parcels ~rom time to
lime.
"Property Owner Association Property" means any property within the boundaries of
CFD No. 99-1 owned by or dedicated to a property owner association, including any master
or sub-association.
"Proportionately" means for Developed Property that the mlio of the actual Special Tax
levy to the Maximum Annual Special Tax is equal for all Assessor~s Parcels of Developed
Property within CFD No. 99-1. For Undeveloped Property, '~Propertionately" means that the
ratio of the actual Special Tax levy per Acre to the Maximran ,~nnual Special Tax per Acre is
equal for all Assessors Parcels of Undeveloped Property within ~ No. 99-1.
"Public Property." means any property within the boundaries of CFD No. 99-1 that is used
for rights-of-way or any other purpose and is owned by or dedicated to the federal
government, the State of California, the County, the City or any other public agency.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit has been issued for purposes of constructing one or more residential dwellh~g
"Residential Floor Area" me,.~ns all of the square footage of living area within the perimeter
of a residential structure, not including any carport, walkway, garage, overhang, patio,
enclosed patio, or similar area. The determination of Residential Floor Area shall be made
CitF of Chula Vista August 17, 1999
Communi,ty Faciliaes Disr~ct go. 99-1 page 4
by reference to appropriate records kept by the City's Building Department. Residential
Floor Area will be based on the building permit(s) issued for each dwelling unit prior to it
being classified as Occupied Residential Property, and shall not change as a result of
additions or modifications made after such classification as Occupied Residential Property.
"Special Tax" means the: (i) anntlal special tax to be levied in each Fiscal Year on each
Assessors Parcel of Taxable Property to fund the Special Tax Requirement pursuant to
Section D, and (ii) the Backup Special Tax required to be paid as a result of changes in
development
"Special Tax Requirement" means that mount required in any Fiscal Year for CFD No.
99-1 to: (i) pay annual debt service on all Outstanding Bonds as defined in Section A:, (ii) pay
periodic costs on the Bonds, including but not limited to, credit enhancement and rebate
payments on the Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to
establish or replenish any reserve funds for all Oulstanding Bonds in accordance with the
Indenture; (v) and pay directly for acquisition and/or construction of facilities, which are
authorized to be financed by CFD No. 99-1; (vi) less a credit for Available Funds.
"State" means the State of Califomia~
"Taxable Property" means all of the Assessors Parcels within the boundaries of CFD No.
99-1 which are not exempt from the Special Tax pursuant to law or the provisions of
Section F below.
"Taxable Property Owner Association Property" means all Assessors Parcels of Property
Owner Association Property that are not exempt pursuant to the provisions of Section F
below.
"Trustee" means the trustee, fiscal agent, or paying agent under the Indenture.
"Undeveloped Property" means, for each Fiscal year, all Taxable Property not classified as
Developed Property or Taxable Property Owner Association Property.
"Zone A" applies only to Developed Property, and means a specific geographic location
known as the Village One area as depicted in Exhibit A attached heroin.
"Zone B" applies only to Developed Property, and means a specific geographic location
known as the Village Five area as depicted in Exhibit A attached herein.
"Zone C" applies only to Developed Property, and means a specific geographic location
known as the Village One West area as depicted in Exhibit A attached bere~
C i ,tv of Chula I 'ista August 17, 1999
Commtmi(v Facilities Distact No, 99-I Page 5
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 99-1 shall be classified as Developed
Property, Taxable Propcn'ty Owner Association Property, or Undeveloped Property, and shall
be subject to the levy of annual Special Taxes determined pursuant to Sections C and D
below. Developed Property shall further be assigned to Zone A, Zone B, or Zone C.
The Maximum Annual Special Tax for an Assessoes Pamel of Residential Property shall be
based on the Residential Floor Area and the numhex of the dwelling units located on such
Assessor's Parcel. The Maximum Annual Special Tax for an Assessor's Parcel of
Commercial Property an .d Comm~mity Purpose Facility Property shall. be based on the
Acreage of such Assessors Parcel.
C. MAXIMUM ANNUAL SPECIAL TAX RATE
1. Developed Property
The Maximum Annual Special Tax for each Land Use Class of Developed Property
within Zone & Zone B, or Zone C shall be the applicable mount shown on Tables 1, 2,
and 3 below. The Maximum Annual Special Tax for each Assessor's Parcel of
Residential Property shall equal the specified mount per dwelling unit times the number
of dwelling units on such Assessoes Parcel plus the specified mount per square foot
times the square footage of Residential Floor Area on such Assessors Parcel.
TABLE 1
Maximum Annual Special Tax for Developed Property in Zone A (Village One)
Community Facilities District No. ~)-1
Land Use Maximum
Class Description
1 Residential Property $0 per dwelling unit + $.28 per
square foot of Residential Floor
Area
2 Commercial Propen'y $1,600 per ACre
3 Community Purpose Facility $400 per Acre
Property
Ci,tv ofChula PTsta August 17, 1999 · -
Communi~ Facilities District 1~. 99-1 Page 6
TABLE 2
Maximum Annual Special Tax for Developed Property in Zone B (Village Five)
Community Facilities District No. 99-1
Land Use Maxitnm Annual Special
Class Description Tax
1 Residential Property $400 per dwelling unit +$.29
per square foot of Residential
Floor Area
2 Commercial Property. $3,717 per Acre
3 Communi~ Purpose Facility Property $929 per Acre
TABLE 3
Maximum Annual Special Tax far Developed Property in Zone C (Village One West)
Community Facilities District No. 99-1
Land Use Maximum Annual Special
Class Description Tax
1 Residential Property $400 per dwelling unit + $.44
per square foot of Residential
Floor Area
2 Commercial Property $4,266 per Acre
3 Community Purpose Facility Property $1,066 per Acre
2. Undeveloped Property and Taxable Property Owner Association Property
The Maximum Annual Special Tax for each Assessor's Parcel classified as Undeveloped
Property and Taxable Property Owner Association Property shall be $8;864 per Acre.
D. METHOD OF APPORTIONMENT OF TIlE SPECIAL TAX
Commencing with Fiscal Year 1999-2000 and for each following Fiscal Year, the
Council shall determine or cause to be determined the Special Tax Requirement and shall
determine or came to be determined the applicable annual Special Tax so that the amount
of Special Taxes equals the Special Tax Requirement for such Fiscal Year. The annual
Special Tax shall be calculated and levied each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of
Developed Property within Zone A, Zone B, or Zone C at up to 100% of the applicable
Maximum Annual Special Tax ,o satisfy the Special Tax Requirement.
City ofCImla I,~sta Augntst 17. 1999
Community Facilities District N o. 99-1 Page 7 .
·
~ Second: If additional moneys are needed to satisfy. the Special Tax Requirement after the .i
fast step has been completed, the Special Tax shall be levied Proportionately on each
Assessors Parcel of Undeveloped Property at up to 100% of the Maximum Annual
Special Tax for Undeveloped Property.
Third: If additional monc-ys are needed to satisfy the Special Tax Requirement after the
first two steps have been completed, then the Special Tax shall be levied Proportionately
on each Assessoes Parcel of Taxable Property Owner Association Property and Public
Property, ff applicable, as provided for in Section F at up to the Maximran Annual
Special Tax for Taxable Property Owner Association Property and Public Property, if
applicable.
Notwithstanding the ibove, under no circumstances will the Special Tax levied a~ainst
any Assessur's Parcel of Occupied Residential Property be increased by more than ten
percent per year as a consequence of delinquency or default in the payment of Special
Taxes by the owner of any other Assessor's Parcel of CFD No. 99-1.
E. BACKUP SPECIAL TAX
The following definitions apply to this Section E:
"Actual Avenge Special Tax Per Unit" means, for each Planning Area, the Actual
Special Tax Revenue divided by the sum of the number of units included in any current
building permit application(s) plus the number of units within such Planning Area for
which building permits have previously been issued Any Residential Hoot Area created
by building permits issued after an Assessox's Parcel has been classified as Occupied
Residential Property shall not be included in determining the Actual Average Special Tax
Per Unit.
"Actual Special Tax Revenue" means, for each Planning Area, the sum of the total
Residential Floor Area shown on any current building permit application(s) plus the total
Residential Hoor Area from any previously issued building permits within the Planning
Area multiplied by the applicable Maximum Annnal Special Tax. Any Residential Hoor
Area created by building permits issued after an Assessox~s Parcel has been classified as
Occupied Residential Property shall not be included in determining the Actual Special
Tax Revenue.
"Backup Special Tax Fund" means, for each Planning Area, the fund or account
identified in the Indenture to hold Backup Special Tax payments received from property
owners within such Planning Area~
"Expected Special Tax Revenue" means, with respect to each Planning Area, the
mount shown in the column so labeled in Tables 4, 5, and 6.
City ofCImla 17sta August 17, 1999
Community Facilities Distr~ct No. 99-1 Page 8 .
"Required Average Special Tax Per Unit/Acre" means, for each Planning Area, the
Expected Special Tax Revenue divided by the total expected number of dwelling units or
non-residential Acres (as applicable) expected to be developed within the Planning Area,
as determined by the CFD Administrator based on tentative maps, Final Residential
Subdivision maps, the Development Projection, and all other relevant information
available to the CH) Admini~h~tor. In cases where residential and non-residential
property are beth included within a Planning Area, the CFD Admlni~'ator may adjust the
Required Average Special Tax Per Umt/Acre as necessary.
"Share of Annual Debt Service" means, for each Planning Area, the maximum annual
debt service on the Bonds multiplied by that planning Area's percentage of the total
Special Tax revenue,.as shown in Table 4, 5, and 6 below. A planning Area's Share of
.Anmlal Debt Service shall be adjusted to reflect any prepayments within that Planning
Area.
1. Expected Development and Special Tax Revenues
Tables 4, 5, and 6 below identify the mount of development and Special Tax revenue
that is currently expected from each Planning Area m Zone A, Zone B, or Zone C.
Tables 4, 5, and 6 may be revised by the CFD Administrator if the Planning Area
boundaries are modified as a result of the annexation of Annexation Parcels to CFD
99-1 or otherwise. _..
The owner of the Annexation Parcels, upon such annexation, shall provide the CFD
Admini.-laator the total number of residential units or the total number of non-
residential Acres, and the total Residential Floor Area expected to be developed
within the land area of such Annexation Parcels. The CFD Administrator shall utilize
this information to modify Tables 5 and 6 to include the additional Expected Special
Tax Revenue, and to recalculate the percent of total revenue for each Planning Area.
City of Ctmla Vista August 17. 1999
Community Facilities Distact No, 99-1 Page 9 ..
TABLE 4
Expected Development and Special Tax Revenue by Planning Area within Zone A
Community Facilities District No. 99-1
NUMBER EXPECTED
OF TOTAL SPECIAL PERCENT
PI. J2qNING EXPECTED UNITS/ RESIDENTIAL TAX OF TOTAL
AREA PRODUCT TYPE ACRES FLOOR AREA REVENUE REVENUE
R-6 Residential Property 77 units 179,872 50,364 5.07%
R-7 ResidentialProperty 131 umts 411,078 115,102 11.58%
R-9 Residential Property 74 units 182,928 51,220 5.15%
R-10 Residential Prbperty 123 units 324,351 90,818 9.14%
R-12 Residential Property 83 units 168,988 47,317 4.76%
R-13 Residential Property 88 units 146,256 40,952 4.12%
R-14 Residential Property 139 umts 215,589 60,365 6.07%
R-15 Residential Property 464 units .464,000 129,919 13.07%
R-16 Residential Property 115 units 178,365 49,942 5.02%
R-17 Residential Property 98 units 199,528 55,868 5.62%
R-18 Residential Property 74 units 122,988 34,437 3.46%
R-19 Residential Property 204 umts 204,000 57,120 5.75%
R-20 Residential Property 160 units 160,000 44,800 4.51%
R-21 Residential Property 168 umts 168,000 47,040 4.73%
R-47 Residential Property 174 units 174,000 48,720 4.90%
R--48 ResidentialProperty. 96 units 195,456 54,728 5.51%
C-I Commercial 8.1 acres N/A 12,960 1.30%
Propm-ty
CPF-1 Commll~i~oJ Purpose 1.5 acres N/A 600 0.06%
Facility Property
CPF-2 Commumty Purpose 4.5 acres N/A 1,800 0.18%
Facility Property
TOTAL 2,268 units $994,072 100.00%
City of Chula l,Ysta Augtst 17, 1999
Community Facilities Dismet No. 99-I Page 10
TABLE 5
Expected Development and Special Tax Revenue by Planning Area within Zone B
Community Facilities District No. 99-1
NUMBER EXPECTED
OF TOTAL SPECIAL PERCENT
PLANNING EXPECTED UNITS/ RESIDENTIAL TAX OF TOTAL
AREA PRODUCT TYPE ACRES FLOOR AREA REVENUE REVENUE
R-25 Residential Property 48 units 150,624 62,881 6.23%
R~26 Residential Property 52 units 137,124 60,566 6.00%
R-27 Residential Property 37 units 75,332 36,646 3.63%
R-28 Residential Property 56 units 93,072 49,391 4.89%
R-29 Residemial Property 83 units 128,733 70,533 6.98%
R-30 Residential Property 119 units 197,778 104,956 10.39%
R-31 Residential Property 71 twits 144,556 70,321 6.96%
R-32 Residential Property 105 units 259,560 117,272 11.61%
R-33 Residential Property 47 units 123,939 54,742 5.42%
R-34 Residential Property 35 units 92,295 40,766 4.04%
R-35 Residential Property 36 units 112,968 47,161 4.67%
R-36 Residential Property 62 units 153,264 69,247 6.86% --,.
R-37 Residential Property 60 units 99,720 52,919 5.24%
R-38 Residential Property 43 umts 87,548 42,589 4.22%
R-39 Residential Property 182 units 182,000 125,579 12.43%
CPF-5 Commtlllity Purpose 4.7 acres N/A 4,366 0.43%
Facility Property
TOTAL 1,036 traits $1,009,935 100.00%
City of Ctmla Vista /Jignat 17, 1999
Corerramify Facilities District No. 99- I Page 11
TABLE 6
Expected Development and Special Tax Revenue by Planning Area within Zone C
Community Facilities District No. 99-1
NUMBER EXPECTED
OF TOTAL SPECIAL PERCENT
PLANNING EXPECTED UNITS/ RESIDENTIAL TAX OF TOTAL
AREA PRODUCT TYPE ACRES FLOOR AREA REVENUE REVENUE
R-49A Residential Property 88 traits 179,168 $114,034 9.91%
R-50 Residential Property 86 units 212,592 127,940 11.12%
R-51A Residential Property 66 units 174,042 102,978 8.95%
R-52A Residential Property 69 umts 216,522 122,870 10.67%
R-53 Residential Properly 36 umts 112,968 64,106 5.57%
R-54A Residenlial Property 9 umts 18,324 11,663 1.01%
R-55 Residential Property, 57 units 116,052 73,863 6.42%
R-56 Residential Property 77 umts 169,400 105,336 9.15%
R-57 Residential Property 22 units 54,384 32,729 2.84%
R-58 Residential Property 102 units 320,076 181,633 15.78%
R-59 Residential Property 55 units 145,035 85,815 7.46%
R-60 Residential Property. I 86 umts 212,592 127,940 11.12%
TOTAL ~ 753 units $1,150,907 100.00%
2. CaiculationofRequiredAverageSpeciaiTaxPerUniffAcre
At the time the first building permit application for a planning Area is submitted to the
City, the CFD Administrator shall calculate the Required Average Special Tax Per
Unit/Acre.
3. Backup Special Tax due to Loss of Units/Acres
If at any time after the Required Average Special Tax Per Unit/Acre has been calculated
initially for a Planning Area, the CFD Ac[raini~trator determines that based on tentative
maps, Final Residential Subdivision maps, the Development Projection, and any other
available information there has been a reduction in the total expected number of dwelling
units or non-residential Acres within that Planning Area, then a Backup Special Tax
payment shall be required for each lost unit or Acre prior to the issuance of any additional
building permits or the recordation of any additional final maps for such Planning Area.
City of Chula F~sta Aug~tst 17, 1999
Community Factlit~e~ Disir~ct No. 99-1 Page 12
4. Backup Special Tax due to Loss of Residential Floor Area ~'~
For Planning Areas that include Residential Propen'y, before each building pcrmi~ (or
group of permits) is issued, the CFD Adminisuator shall calculate the Actual Avenge
Special Tax Per Umt for the Planning Are~ If the Actual Average Special Tax Per Unit
is less than the Required Average Special Tax Per Unit then a Backup Special Tax
payment will be required prior to issuance of the building permit(s) included within the
calculation.
5, Calculation of Backup Special Tax
The Backup Special Tax payment amount will be calcuiated using the p~payment
formula described in Section I. 1, with the following exceptions: (i) if the Backup Special
Tax is required as a result of Sectdon E.3, then the amount used in Paragraph No. 1 of the
prepayment formula described in Section 1. 1 shall equal the number of lost units or
Acres, as applicable, times the Required Average Special Tax Per Unit/Acre. In the
event Residential Property as identified in Tables 4, 5, and 6 is rezoncd in whole or part
to non-residential property, the CFD AdminisWator shall determine the Maximam Annual
Special Tax revenue by nsnig the Developed Proper~y rates applicable ~o such non-
residential properly and the amount so derived shall be applied as a reduction to the
amount determined in the preceding sentence; (ii) if the Backup Special Tax is required
as a result of Section E.4, then the amount used in Paragraph No. 1 of the prepayment --~
formula described in Section I. 1 shall equal the d/ff~renc~ b~wcen the Actual Average
Special Tax Per Unit and the Required Average Special Tax Per Unit times the sum of
~he number of units for which permits are bektg issued plus the number of units v~thin
the PlanninE Area for which building permits have previously been issued. The amount
determined pursuant to the preceding sentence shall be reduced by the balance in the
Backup Special Tax Fund that has been establLshed for such Planning Area; (iii) in
Paragraph No. 7 of the prepayment formula described in Section I. I, compute the amount
needed to pay hneres~ on the Bond Redemption Amount until the first redemption date
that occurs after five years from the date of the first Backup Special Tax payment in the
Planning Area; (iv) any Backup Special Tax payments received for a Planning Area (less
Administrative Fees and Expenses) shah be deposited into the Backup Special Tax Fund
for that Planning Area and disbursed pursuant to the Indenture; and (v) the Maximum
Annual Special Taxes applicable to property within a Planning Area shall not be reduced
or relieved as a result of payment of the Backup Special Ta~
6. U~efRelease of Raekup Special Tax Payments
When a Planning Area reaches full buildout (i,e., all expected building permits have been
issued), the CFD Administrator shall calculate the actual Developed Properly Maximam
~mnual Special Tax revenues that will be generated from such Planning Are~ If the
ac,~l Developed Property Max{mum Annual Special Tax revenues arc greater than or
eq,.ml ~-o 1.1 times that Planning Area's Share of Annual Debt Service, the balance in the
Ci~ of Chula
Community Facilities District No. 994 August 17, 19~9
Page 13
"" Backup Special Tax Fund shall be returned to the payer. If Backup Special Taxes have
been paid by more than one entity, the amount of Backup Special Taxes returned to each
payer shall be in properdon to the amount paid by each entity. If the actual Developed
Property Maximum AnnBat Special Tax revenues are less than 1.1 ~mes that pJanning
Ama's Share of Annual Debt Sen, ice, then to the extent nece, ssary to g~n~rate 110%
coverage, the balance in the Backup Special Tax Fund shall be used to redeem bonds on
the next available redemption date. Any moneys remaining in Backup Special Tax Fund
shall be returned to the payer. If a Planning Area has not reached full buildout within
five years after the first payment of Backup Special Taxes for such Planning Area, then
all moneys in the Backup Special Tax Fund shall be used to redeem bonds on the next
available redemption date.
F. EXEMPTIONS
No Special Tax shall be levied on: up to 517.5 Acres of property Owner Association
Property and Public Property. Tax-exempt status will be irrevocably assigned by the CFD
AdminisUator in the chronological order in which property becomes Property Owner
Association Property or Public Properly.
After the limit of 517.5 exempt Acres has been reached, the Maximm Annual Special Tax
obligation for any additional Public Property shall be prepaid in full pursuant to Section I. 1,
prior to the trangfer/dedication of such property. Until the Maximum Annual Special Tax
obligation for any such property is prepaid, the property shall continue to be subject to the
levy of the Special Tax as Undeveloped Property.
Taxable Property Owner Association Property shall be subject to the levy of the Special Tax
Underdeveloped Property and shall be taxed Proportionately as part of the third step in
Section D above, at up to 100% of the Maximam Annual Special Tax for Taxable Properly
Owner Association Property.
G. REVIEW/APPEAL COMMITTEE
The Council shall establish as part of the proceedings and administration of CFD No. 99-1 a
special three-member Review/Appeal Committee. Any landowner or residem who feels that
the amount of the Special Tax levied on their Assessors Parcel is in error may file a written
notice with the Review/Appeal Committee appealing the mount of the Special Tax levied on
such Assessors Pamel. The Review/Appeal Committee may establish such procedures, as it
deems necessary to undertake the review of any such appeal. The Review/Appeal
Committee shall interpret this Rate and Method of Apportionment and make determinations
relative to the annual admimstration of the Special Tax and any landowner or resident
appeals as heroin specifieck The decision of the Review/Appeal Committee shall be final and
binding as to all persons.
August 17, I999
Car of Chula Vista page 14
Co~;auni{v Facilities District ,~iz 99-1
H. MANNER OF COLLECTION
The Itnn!lal Special Tax shall be collected in the same manner and at the same time as
ordinary advalorem property iaxes; provided, however, that CFD No. 99-1 may directly bill
the Special Tax, my collect Special Taxes at a differera time or in a different manner if
necessary to meet its financial obligations, and may covenant to for~lose and may actually
foreclose on Assessots Parcels, which are delinquent in the payment of Special Taxes.
Tenders of Bonds may be accepted for payment of Special Taxes upon the terms and
conditions established by the Council pursuant to the Act. However, the use of Bond tenders
shall only be allowed on a case-by-case basis as specifically approved by the Council.
L PREPAYMENT OF SPECIAL TAX
The following definitions apply to this Sectinn I:
"CFD Public Facilities means either $31.6 miltion 1999 dollars, which shall increase by the
Construction Inflation Index on July I, 2000, and on each July 1 thereafter, or such lower
number as (i) shall be determined by the CFD Administrator as sufficient to provide the
public facilities under the authorized bonding program for CFD No. 99-1, or (ii) shall be
determined by the Council concurremly with a covenant that it will not issue any more Bonds
to be supported by Special Taxes levied under this Rate and Method of Apportionment as
described in Section D.
"Construction Fund" means an account specifically identified in the Indent~e to hold
funds that axe curren~y available for expenditure to acquire or construct public facilities
eligible under the Act.
"Construction Inflation Index" means the anntlal percentage change in the Engineering
News-Record Building Cost Index for the City of Los Angeles, measured as of the calendar
year, which ends in the previous Fiscal Year. In the event this index ceases to be published,
the Construction Inflation Index shall be another index as determined by the C'FD
Administrator that is reasonably comparable to the Engineering New-Record Bttildmg Cost
Index for the City of Los Angeles.
"Future Facilities Costs" means the CFD Public Facilities minus public facility costs
available to be firedeal through existing construction or escrow accounts or funded by the
Outstanding Bonds as defined in Section A, minus public facility costs funded by interest
earnings on the Construction Fund actually earned prior to the date of prepayment, and minus
public facilities costs paid directly with Special Taxes.
"Outstanding Bonds" means all previously issued Bonds, which will remain outstanding
after the first interest and/or principal payment date following the current Fiscal Year,
Ci~ of Chula Vista August 17, 1999
Comtrtun~,tv Facilities District No. 99-1 page 15
excluding Bonds to be redeemed at a later date with the proceeds of prior prepayment of
Maximum Annual Special Taxes.
1. Prepayment in Full
The Maximum Annual Special Tax obligation my only be prepaid and permauen~y
satisfied by an Assessors Parcel of Developed Property, Undeveloped Property for winch
a building permit has been issued, or Public Property. The Maximum ~nn~llfl Special
Tax obligation applicable to such Assessois Parcel may be fully prepaid and the
obligation of the Assessots Parcel to pay the Special Tax permanently satisfied as
described herein; provided that a prepayment my be made only ff them are no delinquent
Special Taxes with respect to such Assesso~'s Parcel at the time of prepayment An
owner of an Assessors Parcel intending to prepay the Maximum Annual Special Tax
obligation shall provide the CFD Administrator with wriUen notice of intent to prepay.
Within 30 days of receipt of such written notice, the CFD Admini~h-ator shall notify such
owner of the prepayment mount of such Assessors Parcel. The CFD Administrator may
charge a reasonable fee for providing this figure. Prepayment must be made not less than
45 days prior to the next occurring date that notice of redemption of Bonds from the
proceeds of such prepayment may be given to the Trustee pursuant to the indenture.
The Pmpaymem Amount (defined below) shall be calculated as summarized below
(capitalized t~,ms as defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Admiuistmtive Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be
calculated as follows:
Paragraph No.:
1. ForAssesso~s Parcels of Developed Property, compute the Maximum Annual Special
Tax for the Assessots Parcels to be prepalcL For Assessots Parcels of Undeveloped
Property to be prepaid, compute the Maximum Annual Special Tax forthat Assessor's
Parcel as though it was already desi~ated as Developed Property, based upon the
building permit, which has already been issued for that Assessufs Parcel. For
Assessors Parcels of public Property to be prepaid, compute the Maximum Annual
Special Tax for that Assessor's Parcel.
City ofChula lqsta Aunt 17, 1999
Communi,w Facilities Dismet ~ro. 99-1 Page 16
2. Divide the Maximum Annual Special Tax computed pursuant to paragraph 1 by the
snm of the total expected Special Tax revenues in Tables 4, 5, and 6 in Section E,
excluding any Assessors Parcels, which have been prepaid.
3. Multiply the quotient computed pursuant to paragraph 2 by the Oui~i~ding Bonds tO
compute the amount of Outstanding Bonds to be retimcl and prepaid (the nBond
Redemption Amount'D.
4. Multiply the Bond Redemption Amount cornpined pursuant to paragraph 3 by the
applicable redemption premium, if any, on the Outstanding Bonds to be redeemed
(the "Redemption ,Premium'~.
5. Compute the Fumm Facilities Costs.
6. Multiply the quotient computed pursuant to pangraph 2 by the mount determined
pursuant to paragraph 5 to compute the amount ofFmum Facilities Costs to be
prepaid (the "Funge Facilities Amourit'd.
7. Cornpine the amount ned to pay interest on the Bond Pxedemption Amount from
the first bond interest and/or principal payment date following the current Fiscal Year
until the earliest redemption date for the Outstanding Bonds.
8. Confirm that no Special Tax delinquencies apply to such Assessotis Parcel.
9. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal
Year, which have not yet been psi&
10. Compute the minimum amount the CFD Admini~hator reasonably expects to derive
fi'om the reinvestment of the Prepayment Amount less the Future Facilities Amount
and the Administrative Fees and Expenses fi'om the date of prepayment until the
redemption date for the Outstanding Bonds to be redeemed with the prepayment.
11. Add the amounts computed pursuant to paragraphs 7 and 9, and subtract the amount
computed pursuant to paragraph 10 (the "Dej~asance Amolmt'~.
12. Verify the administrative fees and expenses of CFD No. 99-1, including the costs of
computation of the prepayment, the costs to invest the prapayment proceeds, the costs
of redeeming Bonds, and the costs of recording any notices to evidence the
prepayment and the redemption (the '~4dministrattve Fees and Expenses'~.
13. The reserve fund credit (the "Reserve Fund Credit'~ shall equal the lesser of.' (a) the
expectexl inductinn in the reserve requirement (as defined in the Indenture), ff any,
associated with the redemption of Outstanding Bonds as a result of the prepayment
Ci~, ofChula I/'tsta /at~t 17, 1999
Commmu .tv Facilities Distr~ct No. 99-1 Page 17 .
or (b) the mount derived by subtracting the new reserve requirements (as defined in
the Indenture) in effect after the.redemption of Outstanding Bonds as a result of the
prepayment from the balance in the reserve fund on the prepaymeut date, but in no
event shall such mount be less than zero.
14. If any capilalized interest for the Outstanding Bonds will not have bec'n expended at
the time of the first roterest and/or principal payment following the currein Fiscal
Year, a capitalized Interest credit shall be calculated by multiplying the qumiem
computed pursuant to paragraph 2 by the ~tx~zt~d balance in the capilalized interest
fund after such first interest and/or principal payment (the "Capitalized Interest
Credit").
15. The Maximum Ainual Special Tax prepaymeut is equal to the sum of the mounts
computed pursuant to paragraphs 3, 4, 6, 11, and 12, lass the mounts computed
pursuant to paragraphs 13 and 14 (the "Prepayment 4mount'3.
16. From the Prepayment Amount, the mounts computed pursuant to paragraphs 3, 4,
11, 13, and 14 shall be deposited into the appropriate fund as established under the
Indenture and be used to retire Outstanding Bonds or make debt service payments.
The mount computed pursuant to paragraph 6 shall be deposited into the
Construction Fund. The mount computed pursuant to paragraph 12 shall be retained
by CFD No. 99-1.
The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of
Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be
~lalned in the appropriate fund established under the Indenture to be used with the next
prepayment of bonds or to make debt service payments.
As a result of the payment of the current Fiscal Yea~s Special Tax levy as determined
under paragraph 9 (above), the CFD Adrnini~hator shall remove the current Fiscal Yeax's
Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to
any Assessor's Parcel that is prepaid, the Board shall cause a suitable notice to be
recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the
release of the Special Tax lien on such Assessoes Parcel, and the obligation of such
Assessox's Paxeel to pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
amount of Maximum Annual Special Taxes that may be levied on Taxable Property
within CFD No. 99-1 both prior to and after the proposed prepayment is at least 1.1 times
the maximum annual debt service on all Outstanding Bonds.
Tenders of Bonds in prepayment of Maximum Annual Special Taxes may be accepted
upon the terms and conditions established by the Council pursuant to the Act However,
Ci.ty ofChula lrtsta /lugtat 17, 1999
C ommuni .tv Facilities District lqo. 99-1 Page 18 ..
the use of Bond tenders shall only be allowed on a case-by-case basis as specifically
approved by the Council.
2. Prepayment in Part
The Maximuln Annual Special Tax on ~m Assessor~s Parcel of Developed Property or
an Assessoes Pamel of Undeveloped Propeay for which a building permit hBs been
issued may be partially prepaicL The mount of the prepayment shall be calculated as
in Section I. 1; except that a partial prepaymlmt shall be calculated according to the
following formula:
PP=PExF
These terms have ihe following meaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section I. 1.
F = the percent by which the owner of the AssessoPs Parcel(s) is partially prepaying
the Ivlaximum Annual Special Tax.
The owner of an Assessor~s Parcel who desires to partially prepay the Maximum
Annual Special Tax shall notify the CFD Administrator of (i) such owner's intent to
partially prepay the Maxim,un Annual Special Tax, (ii) the percentage by which the
I~IIE~ ~,nnqal Special Tax shall be t~d, and (iii) the company or agency that
will be acting as the escrow agent, ffapplicable. The CFD Admini-qlntor shall
provide the owner with a statement of the mount required for the partial prepayment
of the Ma~mum ~,nmlal Special Tax for an Assessors Parcel within 30 days of the
request and may charge a reasonable fee for providing this service.
With respect to any Assessox~s Parcel that is partially prepaid, the City shall (i)
disuibute the funds remitted to it according to Paragraph 16 of Section L 1, and (ii)
indicate in the records of CH) No. 99-1 thin them has been a partial propayment of
the Maximum Annual Special Tax and that a portion of the Maximum Annual Special
Tax equal to the outstanding percentage (1.00 - F) of the remaining Maximum Annual
Special Tax shall continue to be authorized to be levied on such Assessox~s Parcel
pursuant to Section D.
J. TERM OF M.4JClMUM ANNUAL SPECIAL TAX
The Maximum Annual Special Tax shall be levied commencing in Fiscal Year 1999-
2000 to the extent necessary to fully satisfy the Special Tax Requiremere for a period
no longer than the 2034-2035 Fiscal Year.
Ci ,w of Chula Vista August 17, 1999
-- COMlvRJN1TY FACILITIES DISTRICT
SPECIAL TAX REPORT
lvIELLO-ROOS COIvlIVIUNITY FACILITIES ACT OF 1982
COMMUNITY FACILITIES DISTRICT
NO. 99-10TAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE,
VILLAGE FIVE AND VILLAGE ONE WEST
The City of Chula Vista
476 Fourth Avenue
Chula Vista, California 91910
MeGHI Martin Serf, Inc.
310 Third Avenue, Suite C-5
Chula Vista, California 91910
August 17, 1999
TABLE OF CONTENTS
Page
L INTRODUuIION ...............................................................................1
IL PROJECTDF, SCRIFHON ..................................................................... 2
Ill, DESCRIFIlON AND ES'rWlATII} COST OF PROPOSED FACILITIES ..................... 3
A. Description of proposed Public Improvements ................................. 3
B. Estimated Cost of Proposed Public Improvements .............................. 4
IV. BONDED INDFAs[/~i~NESS AND INCIDENTAL EXPENSES .................................... 5
A_ Projected Bond Sales ...............................................................5
B. Incidental Bo~id Issuance Expenses to be Included in the Proposed Bonded
Indebtedness ........................................................................5
C. Incidental Expenses to be Included in the Annual Levy of Special Taxes ... 5
V. RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX ....................... 6
A. Explanation for Special Tax Apportionment .................................... 6
B. Maximum Annual Special Tax Rates ............................................ 7
C. Backup Special Tax ................................................................8
D. Accuracy of Information ..........................................................8
VL BOUNDAI~W-q OF COMMUNITY FACILITIES DtSralCr ................................... 9
VIL GENERAL TERMS AND CONDITIONS ....................................................... 10
A. SubstitutionFacilities ..............................................................10 ~
B. Appeals ..............................................................................10
EX~I1RITS
Exhibit A Rate and Method of Apportionment
Exhibit B Assigned Maximm Special Tax Rates for Developed Property
Exhibit C Maximum Special Tax Rates for Undeveloped and Taxable Property
Owner Association Property
Exhibit D Boundary Map
L [NTRODUClION
WHEREAS, the City of Chula Vista did, pursuant to the provision of the Mello-Roos
Community Facilities Act of 1982, being Chapter 2.5, Pm 1, Division 2, Title 5 of the
Government Code of the State of California enereinafter referred to as the "Act"), and
specifically Section 53321.5 thereof, expressly orcl~r the filing of a written "Report" with the
legislative body of the proposed COmm~lllity Facilities Dishict This Community Facilities
District being Community Facilities DisUict No. 99-1 (Omy Ranch SPA One- Portions of
Village One, V~lage Five and Village One West) shall hereinaf~ be referred to as:
"CFDNo. 99-1"; and
WHIiXEAS, the Resolution Ordering and Directing the Preparation of a Report for Proposed
Community Facilities District No. 99-I did direct that said Report generally contain the
following:
FACILITIES: A full and complete description of the public facilities the acquisition of
which is proposed to be financed through the CFD.
COST ESTIMATE: A general cost estimate setling forth costs of acquiring such facilities.
SPECIAL TAX: Further particulars and docmentation regarding the rote and method of
apportioment for the authorized special tat
NOW, THEREFORE, I, John Lippitt P.E., the Director of Public Works of the City of Chula
Vista, and the appoimed responsible officer directed m prepare thi~ Special Tax Report or cause
the Report to be prepared pursuant to the provisions of the Act, do hereby submit this Report.
Communi.tv Facilities District No. 99-1 Page 1
Otay Ranch SPA one - Portions of Fillage One. l,~llage Five and Village One West August 1Z 1999
IL PROJECT DESCRIFrlON
CFD No.99-1 encompasses approximately 978 gross acres of land located in the portion of the
south San Diego City of Chula Vista known as Otay Ranch. Of ~hi~ acreage, approximately 660
acres are expected to be developexi. At buildout, it is expected that CFD No.99-1 will consist of
approximately 2,705 Single Family Residences, 1,352 Multifamily Residences, 8.1 Acres of
Commezcial Uses, and 10.7 Acres of Community Put!nose Facilities (churches, daycare, etc.).
The combined Single Family and Multifamily Uses are anticipated to g~nerate 7,465,067 square
feet of residential building square foolage. The Commercial, Community Pllrpose Facility
Property and Taxable Homeowner Association (HOA) Parcels are anticipated to generate 18.8
net taxable acreage.
CFD No.99-1 (Otay Ranch SPA One - Portions of Village One, Village Five and Village One
West) is also divided into the following three zones:
· Zone A: applies only to Developed Property, and means a specific geographic location
known as the Village One area as depicted on Exhibit D;
·Zone B: applies only to Developed Property, and means a specific geographic location
known as the Village Five area as depicted on Exhibit D; and
·Zone C: applies only to Developed Property, and means a specific geographic location
known as the Village One West area as depicted on Exhibit D;
Table 1, below, s,~mmarizes the amount of improved residential building square footage, number
of unils and net taxable Commercial and Commttuity PillpOSe Facility Property expected at
buildout of CFD No.99-1 (Otay Ranch SPA One - Portions of Village One, Village Five and
Village One West), by zone.
TABLE 1
CATEGORY SQUARE FEET OF NUMBER OF NUMBER OF
RESIDEN'IIAL UNITS ACRES
FLOOR AREA
ZONE A: VIIJ.AGE ONE 3,495,399 2,268 14.1
ZONE B: VILLAGE FIVE 2,038,513 1,036 4.7
ZONE B: VILLAGE FIVE 1,931,155 753 0
C~I2) No. 99-1 allows for the future annexation of parcels as depicted on Exhibit D (Future
Annexation Parcels). The area within the Future Annexation Parcels encompasses
approximately 36 gross acres. At buildore, it is expected that the Future Annexation Parcels, if
and when annexed into CFD No. 99-1, would include approximately 154 single family
· ~,sidences.
Community. Facilities District No. 99-1 Page 2
Otay Ranch SPA One - Portions of Village One. Fdlage Five and Fillage One West August & 1999
Ill. DESCRIFIION AND E~'rnvlATED COST' OF PROPOSED FACILITtt~
A. Descrintion of Pronosed Public Improvements
A commtmity facilities district may provide for the purchase, construction, expansion, or
rehabilitation of any real or tangible property, including public facilities and
infrastructure improvements with an estimated userid life of five (5) years or longer,
which is necessary to meet increased demands placed upon local agencies as a result of
development or rehabilitation occurring within the community facilities district. In
addition, a community facilities district may pay in full all mounts necessary to
eliminate any fixed special assessment liens or to pay, repay, or clefease any obligation to
pay or any indebtedness secured by any lax, fee, charge, or assessment levied within the
area of the community facffities district.
The facilities described in this Report are all facilities which the legislative body creating
CFD No.99-1 is authorized to own, construct, or fmance, and which are required, in part,
to adequately meet the needs of CFD No.99-1. In addition, the facilities meet the criteria
for authorized public facilities set forth in the City's Statement of Goals and Policies
regarding the establishment of Community Facilities Districts. The actual facilities
described herein are those currently expected to be required to adequately meet, in part,
the needs of CFD No.99-1. Because the actual needs of CFD No.99-1 arising as
development progresses therein may differ fxom those cartonfly anticipated, CFD No.99-
1 reserves the right to modify the actual facilities proposed herein to the extent CFD
No.99-1 deem necessary, in its sole disct(don to meet those needs. The Special Taxes~
required to pay for the construction or financing of said facffities will be apportioned as
described in the Rate and Method of Apportionment of the Special Tax for C'FD No.99-1
(Otay Ranch SPA One - Portions of Village One, Village Five and Village One West)
(see Exhibit A).
Proceeds of the proposed bonded indebtedness of CFD No. 99-1 will be used to finance
backbone meets and associated improvements (i.e., grading sewer, streets, landscaping,
utilities, etc.), public facilities DII: Improvements, and pedestrian bridges. Following is a
general description of the proposed facilities:
· Olympic Parkway Phases 1 and 2
· Paseo Ranchero Phase 2
· Eas: Palomar within Village One West
· East Palomar within Village Five
~ Please note that all capitalized terms used herere, unless ot~rwise indicated shall have the meanings defined in
the Rate and Method of Apportionment prepared for CFD No. 99-1.
Community Facilities Distria No. 99-1 Page 3
~ Ran& SPA One - Portions of V~llage One, V~llage Five and I~dlage One West August 17, 1999
* Those facilities to be financed from the proceeds of Public Facilities Development
Impact Fees, payable as a condition of development of property within CFD
No.99-1
, Those facilities to be financed from the proc~ds of Pedestrian Bridges
Development Impact Fees, payable as a condition of development of property
within CFD No.99-1
· Slope Landscap'rag
, Environmental Mitigation Costs for Olympic Parkway
B. Estimated Cost of Prol~osed Public Iml~rovements
The facilities and the estimated costs herein are subjegt to review and confirmation. The
costs listed in Table 2, are estimates only, bas{n:l upon ourrent construgtion and land costs
and actual costs may differ from those estimates herein Based on the current CFD
No.99-1 bond sizing estimate of approximately $39.5 million, only a portion of these
costs are expected to be financed with CFD bond proceeds.
TABLE 2
Fa~ities Improvements Total Estimated Cost
Olympic Parkway Phase 1 $ 35.2 Million
Olympic Parkway Phase 2 $ 5.4 Million
Paseo Ranthero Phase 2 $ 43 Million
Palomar (Village One West) $ 4.5 Million
Palomar (Village Five) $ 2.0 Million
Slope Landscaping $ 5.0 Million
Public Facilities Development Impact Fees $ 8.1 Million
Pedestrian Bridge Impact Fees $ 1.3 Million
Community Facilities Distria No. 99-1 Page 4
Otav Ranch SPA One - Portions of V'tHa~,e One. F'tllaee Hve and Ftlla~e One Wtm' August 8, 1999
IV. BONDED INDEBTEDNESS AND INCIDENTAL EXPENSES
A. Proiect Bond Sales
The current bond amount estimated for CFD No. 99-1 is $60 million (exclusive of the
Furtire Annexation Parcels), and it is anticipated that a single bond will be issued. The
bonds issued by CFD No.99-1 will meet the terms and conditions of special tax bonds set
forth in the City's Statement of Goals and Policies Regarding the Establishment of
Community Facilities ,Districts.
B. Incidental Bond Issuance Exnenses to be Include! in the Pronosed Bonded
Indebtedness
Pursuant to Section 53345.3 of the Act, bonded indebtedness may include all costs and
estimmed cosm incidental to, or connected with, the accomplishment of the purpose for
which the proposed debt is to be incurred, including, but not limited to, the costs of legal,
fiscal, and financial eousultant fees; bond and other reserve funds; discount fees; imerest
on any bonds of the disn'iet due and payable prior to the expiration of one year from the
date of completion of the facilities, not to exceed two years; election costs; and all costs
of issnnnce of the bonds, including but not limited to, fees for bond counsel, costs of
obtaining credit ratings, bond insurance premiums, fees for letters of credi~ other credit
enhancemere costs, printing costs, and those Administrative Costs as defined by Exlfibit
A. For the bonds proposed to be issued by CFD No.99-1, capitalized interest is estimated
to be capimli:ved for one year. The reserve fund is ~-~timated to be the maximum
allowable under Federal Tax Law. All other incidental bond issuance expenses is
es~nated at 4 percem of the face amount of the bonds.
C. Incidental Eroenses to be Included in the Annual Lew of Snecial Taxes
Puts-ant to Section 53340 of the Act, the proceeds of any special tax may only be used to
pay, in whole or part, the cost of providing public facilities, services and incidental
expenses. As defined by the Act, incidental expenses include, but are not limited to, the
cost of planning and designing public facilities to be financed, including the cost of
environmental evaluations of those facilities; the costs associated with the creation of the
district, issuance of bonds, determination of the amount of taxes, collection of taxes,
paymere of taxes, or costs otherwise incurred in order to carry om the authorized
purposes of the district; any other expenses incidental to the consm/ction, completion,
and inspection of the authorized work; and the retiremere of existing bonded
indebtedness. While the actual cost of administering CFD No.99=1 may vary, the
currently budgeted mount of special taxes which can be collected is $125,000 in annual
administrative expenses prior to buildout of the project and $75,000 per year subsequent
-- to buildout The actual cost will likely change over the life of the district. Therefore the
administrative budget for CFD No. 99-1 will be set each year, and could be more than the
current budget. // ea~e s
Community Facialits District No. 99-I
Otto., Ran~-h SPA One - Portions of )allage One, tallage Five and t~llage One West August 17, 1999
V. RATE AND METHOD OF APPORTIONMENT OF TILE, SPECIAL TAX
All of the property located within ~ No.99-1, units exempted by law, shall be taxed for the
purpose of providing necessary facilities to serve CH) No.99-1. Pumuant to Se~lion 53325.3 of
the Act, the tax imposed "is a Special Tax and not a special assessment, and there is no
requirement that the tax be apportioned on the basis of benefit to any property." The Special Tax
"my- be based on benefit received by parcels of real property, the cost of making facilities or
authorized services available to each parcel or other reasonable basis as determined by the
legislative body," although the Special Tax may not be apportioned on an ad valomm basis
pursuant to Article XlIIA of the California Constitution
As shown in Exhibit & the amended Rate and Method of Apportionment provides information
sufficient to allow each propiny owner within CFD No.99-1 to estimate the maximum annual
Special Tax he or she will be required to pay. Sections A thron~ C, below, provide additional
informalion on the Rate and Method of Apportionment of the Special Tax for CFD 99-I.
A. Exnlana~on for Snecial Tax Annor~onment
When a community facilities district is formed, a Special Tax may be levied on each
parcel of taxable property within the CFD to pay for the construction, acquisition and
rehabilitation of public facilities, to pay for authorized services or to repay bonded
indebtedness or other related expenses incurred by CFD No.99-1. This Special Tax must
be apportioned in a reasonable manner;, however, the tax may not be apportioned on an ad
valorera basis.
When more than one type of land use is present within a commUlXity facilities district,
several criteria may be considered when apportioning the Special Tax. C_venerally, criteria
based on building square footage, acreage, and land use are selected, and categories based
on such criteria are established to differentiate between parcels of property. These
categories are a direct result of the developer's projected product mix, and are reflective
of the proposed land use types within that community facilities district. Specific Special
Tax levels are assigned to each land use class, with all parcels within a land use class
assigned the same Special Tax rate.
The Act does not require the Special Taxes to be apportioned to individual parcels based
on benefit receivecL However, in order to insure fairness and equity, benefit principles
have been incorporated in establishing the Special Tax rates for CFD No.99-1.
The major assumption inherent in the Special Taxes rates set forth in the Rate and
Method of Apportionment is that the level of benefit received from the proposed public
improvements is a function land use. This assumption is borne out through an
examination of commonly accepted statistical measures.
For example, in measuring average weekday vehicle trip-ends, the Institute of
Transportation Engineer' s 1995 Trip Cvenemtion report identifies land use as the primary
determinant of hip-end magnitude. Commemial land uses typically generate more hip-
ends than do single family residential land use. Similarly, larger single family detached
Community F,,~lhies Di. rtric No. 99--1 Page 6
Otay Rant. it SPA Otte - Portions of Fillage One, l/'dlage FIve and Ifdlage One West August 8, 1999
dwellings typically generate a greater number of trip-cnds than do smaller single family
detached homes, and therefore, wilt'tend to received more benefit from mad grading,
road landscaping and road improvements.
Drainage and flood control requirements generally vary with the mount of impervious
ground cover per parcel. It follows that larger homes which have more impervious
ground cover will create relatively more drainaZe flow than smaller homes.
CFD No.99-1 (Otay Ranch SPA One - Portions of Village One, Village Five and Village
One West) is divided into three district zones, described as:
>Zone A: applies only to Developed Propercy, and raean~ a specific geographic
location known us the Village One area.
}Zone B: applies only to Developed Property, and means a specific geographic
location known us the Village Five area; and
>~Zone C: applies only to Developed Property, and means a specific geographic
location known as the Village One West area.
Four Land Use Class Categories of Taxation have been established for CFD No.99-1.
The categories are defined as follows:
~'Residential Developed Parcels (single and multifamily residences) are taxed on the
square foolage of the building;
>Non-Residential Developed Parcels are taxed based on acreage of the parcel;
} The Undeveloped Property Category includes all the parcels for which a building
permit h~tq not been issued. The tax on Undeveloped Property is based on the total
acreage of the parcel; and
>The Taxable Pwperty Owners Association Property Parcels are taxed based on the
acreage of the parcel, the same as Undeveloped Pwperty.
Based on the types of public facilities that are proposed for CFD No.99-1 and the factors
described above, the Special Taxes assigned to specific land uses are generally
proportionate to the relative benefits received by them, and, accordingly, the Special
Taxes in CFD No.99-l can be considered fair and reasonable.
B. Maximum Annual Sneciai Tax Rates
Exhibit B lists the Maximum Annual Special Tax rates that may be levied in each zone,
against Residential Property, Commercial Propen'y and Community Purpose Facility
Property within CFD No.99-1. Exhibit C lists the Maximum Special Tax Rates for
Undeveloped Property and Taxable Property Owner Association Property within CFD
No.99-1. Any Future Annexation Parcels that annex into CFD No. 99-1 will be subject
to the Maximum Special Tax Rates specified in Exhibits B and C, and the Backup
Special Tax (describ~':d below) of the applicable zone within which such Future
Annexation Parcel is }ocated and its applicable land use category.
Community Facillties Distria No. 99-1 Page 7
Otay Ranch SPA One - Portions of I~llage One, Iqllage Five and VHlage One West Augu~ l 7, 1999
The City Council will annually determine the actual mount of the Special Tax levy
based on the method described m Exhibit A and subject to the maximum Special Tax
rates contained in Exhibit B and Exhibit C. The City will levy a Special Tax to the extent
necessary, sufficient to meet the Special Tax Requirement.
C. Baclmn Snecial Tax
Payment of a one-me Backup Special Tax my be required prior to-the issuance of
building l~:atits or recordation of a final map. Tables 4, 5, and 6 in Exhibit A identifies
the mount of Special Tax revenue and development that is currently expected from each
planning area. If the CFD Administrator detc~i~ines that the Special Tax revenue for a
planning area will be reduced as a result of a reduction in the expected number of units,
acres, or building square feet in such planning area, then a Backup Special Tax payment
will be require& Upon annexation of Future Annexation Parcels within CFD lqo. 99-1,
Tables 5 and/or 6 will be modified to include relevant land use information pursuant to
the procedure described in Exhibit A.
The mount of the Backup Speeial Tax paymere will be calculated pursuant to Section E
of Exhibit A.
D. Accuracy of Information
In order to establish the Maximum Annual Special Tax rates and the Backup Special Tax
as set forth in the Rate and method of Appertionment for CFD 99-1, MeGill Martin Self,
Inc. has relied on information including, but not limited to absorption, land-use types,
building square footage, and net taxable am'cage which were provided to MeGill Marlin
Self, Inc. by others. MeGill Martin Self, Inc. has not independently verified such data
and disclaim~ responsibility for the impact of inaccurate data provided by others, if any,
on the Rate and Method of Apportionment for CFD 99-1, including the inability to meet
the financial obligations of CFD 99-1.
Community Facilit~ Dimla No. 99-1 Page 8
Otav Ranch SPA One - Portions ot' V~llage One, V~llage Five and F'dlage One }F~t August & 1999
VI. BOUNDARIf',S OF COMMUNITY FACILITIES DISTRICT
The boundaries of CFD No.99-1 include all land on which the Special Taxes my be levied. A
map of the area incluclexl within CFD No.99-1 is provided as Exhibit D. Future Annexation
Pamels of CFD No. 99-1 have also been identified on Exhibit D.
Community Fa,'~l;t~ Distria N~ 994 Page 9
Otay Ranch SPA One - portions of Nilage One, FHlage Five and F~llage One West August 17, 1999
VIL GENERAL TERMS AND CONDITIONS
A. Substitution Facilities
The description of the public facffities, as set forth herein, are general in theirnature. The
final nature and location of improvements and facilities will be determined upon the
preparation of final plans and specifications. The final plans may show substitutes, in
lieu or modification to the proposed work in order to accomplish the work of
improvement, and any such substitution shall not be a change or modification in the
proceedings as long as the facffities provide a service and are of a type substantially
similar to that as set forth in this Report.
B. Appeals
Any landowner who feels that the amount of the Special Tax is in error may file a notice
with CFD 99-1, appealing the levy of the Special Tax pursuant to the procedure specified
in Exhibit A_ As appropriate, a representative of CFD No.99-1 will then review the
appeal and, ff necessary, meet with the applicant. If the findings of the representative
verify that the mount of the Special Tax should be modified or changed, then, as
appropriate, the Special Tax levy shall be corrected.
Community Fnc;tm~ Disolct N~ 99-1 Page 10
Otay Ranch SPA One - Portions of V~llage One, F't!lage Five and l~llage One West August & 1999