HomeMy WebLinkAboutReso 2024-152RESOLUTION NO. 2024-152
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING COMMUNITY FACILITIES
DISTRICT NO. 2024-1 (CITRUS BAY) OF THE CITY OF
CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, AND THE BOUNDARIES THEREOF
WHEREAS, the CITY COUNCIL (the “City Council”) of the CITY OF CHULA VISTA
(the “City”) has heretofore adopted Resolution No. 2024-114 (the “Resolution of Intention”)
stating that a community facilities district to be known as “Community Facilities District No. 2024-
1 (Citrus Bay) of the City of Chula Vista, County of San Diego, State of California” (“CFD No.
2024-1”), is proposed to be established pursuant to Chapter 2.5 (commencing with Section 53311)
of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the
“Mello-Roos Community Facilities Act of 1982” (the “Act”), and fixing the time and place for a
public hearing on the formation of CFD No. 2024-1; and
WHEREAS, CFD No. 2024-1 is proposed to be established for the purpose of financing
certain public facilities (the “Facilities”), and the payment of debt service on outstanding debt in
connection with such Facilities, of which are necessary to meet increased demands placed upon
the City as a result of the development of said real property; and
WHEREAS, notice was published and mailed to the owners of all of the property in CFD
No. 2024-1 relative to the intention of the City Council to establish CFD No. 2024-1, the levy of
special taxes therein, and of the time and place of the public hearing; and
WHEREAS, on July 16, 2024, the City Council conducted the public hearing as required
by law relative to the formation of CFD No. 2024-1, the levy of special taxes therein, and the
provision of public services therein; and
WHEREAS, prior to the commencement of the public hearing there was filed with the City
Council a report (the “Report”) containing a description and an estimate of the fair and reasonable
costs of providing such public facilities, as required by Section 53321.5 of the Act required to
adequately meet the needs of CFD No. 2024-1; and
WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining
to the formation of CFD No. 2024-1, the levy of the special taxes therein, the provision of public
facilities, and the incurring of the bonded indebtedness therein was heard, and a full and fair
hearing was held; and
WHEREAS, at the public hearing evidence was presented to the City Council on the
matters before it, and the City Council, at the conclusion of the hearing, was fully advised as to all
matters relating to the formation of CFD No. 2024-1, the levy of the special taxes therein, the
incurring of bonded indebtedness and the provision of public facilities therein; and
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WHEREAS, the City Council may, therefore, proceed to establish CFD No. 2024-1; and
WHEREAS, the City Clerk has advised the City Council that they have received a
statement from the Registrar of Voters of the County of San Diego that there are no persons
registered to vote in the territory of CFD No. 2024-1.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that the City Council finds as follows:
(a) All of the preceding recitals are true and correct and are incorporated herein by this
reference;
(b) On July 16, 2024, pursuant to notice thereof duly given as provided by law, the City
Council conducted a public hearing with respect to the formation of CFD No. 2024-1, and the
annual levying of specified special taxes on the taxable property within CFD No. 2024-1 to finance
the Facilities, and the payment of debt service on outstanding debt in connection with such
Facilities, which are described herein;
(c) The boundary map of CFD No. 2024-1 was recorded on June 24, 2024, pursuant to
Sections 3111 and 3113 of the California Streets and Highways Code, at page 07 in Book 52 of
Maps of Assessment and Community Facilities Districts, and as Instrument No. 2024-7000295 in
the official records of the County of San Diego;
(d) No written protests were received, at or prior to the time of the public hearing,
against the formation of CFD No. 2024-1, or the levying of the special taxes, and the special taxes
have, therefore, not been eliminated by majority protest pursuant to Section 53324 of the Act;
(e) The City Council is, therefore, authorized to adopt a resolution of formation
pursuant to Section 53325.1 of the Act for the formation of Community Facilities District No.
2024-1 (Citrus Bay) of the City of Chula Vista, County of San Diego, State of California, and CFD
No. 2024-1 should be established; and
(f) Twelve (12) persons have not been registered to vote within the territory of CFD
No. 2024-1 for each of the 90 days preceding the close of the public hearing on July 16, 2024, and
pursuant to Section 53326 of the Act, the vote in the Special Election (defined below) provided
for herein shall, therefore, be by the landowners of CFD No. 2024-1 whose property would be
subject to the special taxes if they were levied at the time of the elections, and each landowner
shall have one vote for each acre, or portion thereof, which he or she owns within CFD No. 2024-
1 which would be subject to the proposed special taxes if they were levied at the time of the
elections.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the
rate and method of apportionment of the Special Taxes to be levied on parcels of taxable property
in CFD No. 2024-1 (“Rate and Method”), as set forth in Exhibit 1 hereto, are hereby approved.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that
Community Facilities District No. 2024-1 (Citrus Bay) of City of Chula Vista, County of San
Diego, State of California, is hereby established. The boundaries of CFD No. 2024-1 are set forth
and shown on the map entitled “Proposed Boundary of Community Facilities District No. 2024-1
(Citrus Bay) of the City of Chula Vista, County of San Diego, State of California,” which is on
file with the City Clerk, and those boundaries are hereby established.
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BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the
types of Facilities and Incidental Expenses, defined below, of CFD No. 2024-1 are as follows:
(a) A general description of the Facilities proposed to be financed by CFD No. 2024-1
is set forth in Exhibit 2 attached, hereto and incorporated herein by this reference.
(b) The incidental expenses proposed to be incurred are: (i) the cost of planning and
designing the Facilities and the cost of environmental evaluations thereof, (ii) all costs associated
with the formation of the CFD No. 2024-1, the issuance of the bonds thereof, the determination of
the amount of and collection of special taxes, the payment of special taxes, and costs otherwise
incurred in order to carry out the authorized purposes of the CFD No. 2024-1, and (iii) any other
expenses incidental to the construction, completion, and inspection of the Facilities (the
“Incidental Expenses”).
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that except
where funds are otherwise available, a special tax sufficient to finance the Facilities, the payment
of debt service on outstanding debt in connection with such Facilities, and related Incidental
Expenses (the “Special Taxes”), secured by the recordation of a continuing lien against all taxable
or nonexempt property in CFD No. 2024-1, shall be annually levied within CFD No. 2024-1.
For further particulars as to the Rate and Method reference is made to the attached and
incorporated Exhibit 1, which sets forth in sufficient detail the rate and method of apportionment
of the Special Taxes to allow each landowner or resident within CFD No. 2024-1 to clearly
estimate the maximum amount that such person will have to pay.
Pursuant to Section 53340 of the Act, said Special Taxes shall be collected in the same
manner and at the same time as ordinary ad valorem property taxes; provided however, that CFD
No. 2024-1 may collect Special Taxes at a different time or in a different manner if necessary to
meet its financial obligations, and may covenant to foreclose and may actually foreclose on
delinquent assessor’s parcels as permitted by the Act.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that
pursuant to Section 53340 of the Act, and except as provided in Section 53317.3 of the Act,
properties of entities of the state, federal, and local governments shall be exempt from the levy of
Special Taxes.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the
Report is hereby approved and is made a part of the record of the public hearing regarding the
formation of CFD No. 2024-1, and is ordered to be kept on file with the City Clerk as part of the
transcript of these proceedings.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that
pursuant to Section 53314.9 of the Act, the City Council proposes to accept advances of funds or
work-in-kind from private persons or private entities and to provide, by resolution, for the use of
those funds or that work-in-kind for any authorized purpose, including but not limited to, paying
any costs incurred by the City in creating CFD No. 2024-1, and to enter into an agreement, by
resolution, with the person or entity advancing the funds or work-in-kind to repay funds advanced,
or to reimburse the person or entity for the value, or cost, whichever is less, of the work -in-kind,
as determined by the City Council.
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BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that except
as otherwise provided in this section, the special election on the proposition identified below shall
be conducted by the City Clerk in accordance with the provisions of the California Elections Code
governing mail ballot elections of cities, insofar as they may be applicable. The voting procedures
to be followed in conducting the special election on the proposition with respect to the levy of
special taxes on parcels of taxable property within CFD No. 2024-1 to finance the Facilities, the
payment of debt service on outstanding debt in connection with such Facilities, incur bonded
indebtedness in an amount not to exceed $10,000,000 and establishing an initial appropriations
limit for CFD No. 2024-1 in the amount of $10,000,000 (the “Special Election”) shall be as
follows:
(a) The Special Election shall be held on the earliest date, following the adoption by
the City Council of this Resolution and a resolution pursuant to Section 53326 of the Act
submitting to the qualified electors of CFD No. 2024-1 the propositions with respect to (i) the levy
of Special Taxes to finance Facilities and the payment of debt service on outstanding debt in
connection with such Facilities, (ii) incur bonded indebtedness in an amount not to exceed
$10,000,000 and (iii) establishing an appropriations limit for the community facilities district to
the qualified electors of the community facilities district, upon which such elections can be held
pursuant to Section 53326 which may be selected by the City Council, or such earlier date as the
owners of land within CFD No. 2024-1 and the City Clerk agree and concur is acceptable.
(b) Pursuant to Section 53326 of the Act, the Special Election may be held earlier than
90 days following the close of the public hearing if the qualified electors of CFD No. 2024-1 waive
the time limits for conducting the elections set forth in said Section 53326 by unanimous written
consent and the City Clerk concurs in such earlier election date as shall be consented to by the
qualified electors.
(c) Pursuant to Section 53326 of the Act, ballots for the Special Election shall be
distributed to the qualified electors by the City Clerk by mail with return postage prepaid, or by
personal service.
(d) Pursuant to applicable sections of the California Elections Code governing the
conduct of mail ballot elections of cities, and specifically Division 4 (commencing with Section
4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk
shall mail or deliver to each qualified elector an official ballot in a form specified by the City
Council in the resolutions calling the Special Election, and shall also mail or deliver to all such
qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in
form to the official ballot but identified as a sample ballot, a statement pursuant to Section 9401
of that Code, an impartial analysis by the City Attorney pursuant to Section 9280 of that Code with
respect to the ballot propositions contained in the official ballot, arguments and rebuttals, if any,
pursuant to Sections 9281 to 9287, inclusive, and 9295 of that Code, a return identification
envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official
ballots, and a copy of the Resolution of Formation provided, however, that such statement, analysis
and arguments may be waived with the unanimous consent of all the landowners who are qualified
electors and shall be so stated in the resolution adopted by the City Council calling the Special
Election. Such statement, impartial analysis and arguments, if any, shall be prepared by the City
Attorney.
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(e) The official ballot to be mailed or delivered by the City Clerk or her designee to
each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the
number of votes to be voted by the landowner-voter and shall have appended to it a certification
to be signed by the person voting the official ballot which shall certify that the person signing th e
certification is the person who voted the official ballot, and if the landowner-voter is other than a
natural person, that he or she is an officer of or other person affiliated with the landowner-voter
entitled to vote such official ballot, that he or she has been authorized to vote such official ballot
on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well
as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based
on its land ownership on the propositions set forth in the official ballot as marked thereon in the
voting square opposite each such proposition, and further certifying as to the acreage of the
landowner-voter’s land ownership within CFD No. 2024-1.
(f) The return identification envelope mailed or delivered by the City Clerk to each
landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner;
(ii) the address of the landowner; (iii) a declaration under penalty of perjury stating that the voter
is the landowner or the authorized representative of the landowner entitled to vote the enclosed
ballot and is the person whose name appears on the identification envelope; (iv) the printed name
and signature of the voter; (v) the address of the voter; (vi) the date of signing and place of
execution of the declaration; and (vii) a notice that the envelope contains an official ballot and is
to be opened only by the City Clerk.
(g) The instruction to voter form to be mailed or delivered by the City Clerk to the
landowner-voters shall inform them that the official ballots shall be returned to the City Clerk
properly voted as provided thereon and with the certification appended thereto properly completed
and signed in the sealed return identification envelope with the certification thereon completed and
signed and all other information to be inserted thereon properly inserted by the hour on the date of
the election which is specified by the City Council in the resolution calling the Special Election
for the receipt of voted ballots; provided that if all qualified voters have voted, the elections shall
be closed with the concurrence of the City Clerk.
(h) Upon receipt of the return identification envelopes which are returned prior to the
voting deadline on the date of the elections, the City Clerk shall canvass the votes cast in the
Special Election, and shall file a statement with the City Council as to the results of such canvass
and the election on each proposition set forth in the official ballot.
The procedures set forth in this section for conducting the special election, if they are held,
may be modified as the City Council may determine to be necessary or desirable by a resolution
subsequently adopted by the City Council.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that if any
provision of this Resolution or the application thereof to any person or circumstance is held invalid
by a court of competent jurisdiction, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that this
Resolution shall become effective immediately.
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Resolution No. 2024-152
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Presented by Approved as to form by
Laura C. Black, AICP Marco A. Verdugo
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 16th day of July 2024 by the following vote:
AYES: Councilmembers: Chavez, Gonzalez, Preciado, and McCann
NAYS: Councilmembers: None
ABSENT: Councilmembers: Morineau
John McCann, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2024-152 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 16th day of July 2024.
Executed this 16th day of July 2024.
Kerry K. Bigelow, MMC, City Clerk
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EXHIBIT 1
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR CITY OF
COMMUNITY FACILITIES DISTRICT NO. 2024-1 (CITRUS BAY) OF THE CITY OF
CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
A Special Tax shall be levied on all Taxable Property within the boundaries of Community
Facilities District No. 2024-1 (Citrus Bay) (“CFD No. 2024-1” and “CFD”) and collected each
Fiscal Year commencing in Fiscal Year 2024-25, in an amount determined by the CFD
Administrator through the application of the procedures described below. All of the real property
within CFD No. 2024-1, unless exempted by law or by the provisions hereof, shall be taxed for
the purposes, to the extent, and in the manner herein provided.
1. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s
Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown
on the applicable Final Map. An Acre means 43,560 square feet of land. If the preceding maps
for a land area are not available, the Acreage of such land area shall be determined by the City
Engineer.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter
2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California, as
amended.
“Administrative Expenses” means the following actual or reasonably estimated costs related
to the administration of CFD No. 2024-1 including, but not limited to: the costs of preparing
and computing the Annual Special Tax (whether by the City or designee thereof or both); the
costs of collecting the Special Taxes (whether by the City, the County or otherwise); the costs
of remitting the Special Taxes to the Fiscal Agent; the costs of the Fiscal Agent (including its
legal counsel) in the discharge of the duties required of it under the Fiscal Agent Agreement;
the costs to the City, CFD No. 2024-1, or any designee thereof complying with arbitrage rebate
requirements, including without limitation rebate liability costs and periodic rebate calculations;
the costs to the City, CFD No. 2024-1, or any designee thereof complying with disclosure or
reporting requirements of the City or CFD No. 2024-1, associated with applicable federal and
State laws; the costs associated with preparing Special Tax disclosure statements and responding
to public inquiries regarding the Special Taxes; the costs to the City, CFD No. 2024-1, or any
designee thereof related to an appeal of the Special Tax; and the City’s annual administration
fees and third party expenses. Administrative Expenses shall also include amounts for Special
Tax delinquency monitoring and the estimated or advanced by the City or CFD No. 2024-1 for
any other administrative purposes of CFD No. 2024-1, including attorney’s fees and other costs
related to commencing and pursuing any foreclosure of delinquent Special Taxes.
“Annual Special Tax” means the Special Tax actually levied in any Fiscal Year on any
Assessor’s Parcel.
“Assessor” means the Assessor of the County of San Diego.
“Assessor’s Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned
Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the Assessor designating parcels by
Assessor’s Parcel Number.
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“Assessor’s Parcel Number” means the number assigned to a parcel designated by the
Assessor for purposes of identification.
“Assigned Special Tax” means the Special Tax of that name described in Section 3.A below.
“Backup Special Tax” means the Special Tax of that name described in Section 3.B below.
“Bonds” means any bonds or other debt of CFD No. 2024-1 issued or incurred whether in one
or more series, secured by the levy of Special Taxes.
"Boundary Map" means a recorded map which indicates the boundaries of CFD No. 2024-1.
“Building Permit” means the first legal document issued by a local agency giving official
permission for new construction. For purposes of this definition, “Building Permit” may or may
not include any subsequent building permit document(s) authorizing new construction on an
Assessor’s Parcel that are issued or changed by the City after the first original issuance, as
determined by the CFD Administrator as necessary to fairly allocate Special Tax to the Assessor’s
Parcel, provided that following such determination the Maximum Special Tax that may be levied
on all Assessor’s Parcels of Taxable Property will be at least 1.1 times maximum annual debt
service on all outstanding Bonds plus the estimated annual Administrative Expenses.
“Building Square Footage” means all of the square footage of living area within the perimeter
of a residential structure, not including any carport, walkway, garage, overhang, or similar area.
The determination of Building Square Footage shall be made by the CFD Administrator by
reference to the Building Permit(s) issued for such Assessor’s Parcel and/or by reference to
appropriate records kept by the City or County.
“Calendar Year” means the period commencing January 1 of any year and ending the
following December 31.
“CFD Administrator” means an authorized representative of the City, or designee thereof,
responsible for determining the Special Tax Requirement, for preparing the Annual Special Tax
roll and/or calculating the Backup Special Tax.
“CFD No. 2024-1” means the City of Chula Vista Community Facilities District No. 2024-1
(Citrus Bay).
“City” means the City of Chula Vista, California.
“City Council” means the City Council of the City acting as the legislative body of CFD No.
2024-1 under the Act.
“Condominium” means a unit, whether attached or detached, meeting the statutory definition
of a condominium contained in the California Civil Code Section 4285.
“County” means the County of San Diego, California.
“Debt Service” means for each Fiscal Year, the total amount of principal and interest payable on
any Outstanding Bonds during the Calendar Year commencing on January 1 of such Fiscal Year.
“Developed Property” means for each Fiscal Year, all Taxable Property for which a Building
Permit was issued prior to March 1 of the previous Fiscal Year. An Assessor’s Parcel classified
as Developed Property but for which the Building Permit that caused such Assessor’s Parcel to
be classified as Developed Property has been cancelled and/or voided prior to the Fiscal Year
for which Special Taxes are being levied shall be reclassified as Undeveloped Property,
provided that the levy of the Annual Special Tax after such reclassification shall not be less than
1.1 times the annual Debt Service on all Outstanding Bonds. If Bonds have not been issued, an
Assessor’s Parcel classified as Developed Property for which such a Building Permit has been
cancelled and/or voided shall be reclassified as Undeveloped Property.
“Exempt Property” means for each Fiscal Year, all Assessor’s Parcels designated as being
exempt from Special Taxes pursuant to Section 5 below.
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“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot
line adjustment, pursuant to the Subdivision Map Act (California Government Code Section
66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285
that creates individual lots for which Building Permits may be issued without further
subdivision.
“Fiscal Year” means the period starting on July 1 and ending the following June 30.
“Fiscal Agent” means the fiscal agent, trustee, or paying agent under the Fiscal Agent
Agreement.
“Fiscal Agent Agreement” means the agreement, indenture, resolution or other instrument
pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to
time, and any instrument replacing or supplementing the same.
“Land Use Class” means any of the classes listed in Table 1 or 2 under Section 3A below.
Note: Land Uses Class is not in reference to a property’s zoning designation.
“Lot(s)” means an individual legal lot created by a Final Map for which a Building Permit for
residential construction has been or could be issued. Notwithstanding the foregoing, in the case
of an individual legal lot created by such a Final Map upon which Condominiums are entitled
to be developed, the number of Lots allocable to such legal lot for purposes of calculating the
Backup Special Tax applicable to such Final Map shall equal the number of Condominiums
which are permitted to be constructed on such legal lot as shown on such Final Map.
“Master Developer” means CWC Broadway CV 256 LLC or its successors or assignees.
“Maximum Special Tax” means for each Assessor’s Parcel, the maximum Special Tax,
determined in accordance with Sections 3.C and 3.D below, which may be levied in a given
Fiscal Year on such Assessor’s Parcel of Taxable Property.
“Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a
Building Permit has been issued for the purpose of constructing one or more non-residential
units or structures, including, but not limited to commercial and industrial uses.
“Outstanding Bonds” means all Bonds which are deemed to be outstanding under the Fiscal
Agent Agreement.
“Prepayment Amount” means the amount required to prepay the Special Tax Obligation in
full for an Assessor’s Parcel as described in Section 8.A below.
“Property Owner Association Property” means any Assessor’s Parcel within the boundaries
of CFD 2024-1 owned in fee by a property owner association, including any master or sub-
association.
“Proportionately” or “Proportionate” means for Developed Property, that the ratio of the
actual Special Tax levy to the applicable Assigned Special Tax or Backup Special Tax is equal
for all Assessor’s Parcels of Developed Property. For Undeveloped Property, “Proportionately”
means that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per
Acre is equal for all Assessor’s Parcels of Undeveloped Property. “Proportionately” may
similarly be applied to other categories of Taxable Property as listed in Section 3 below.
“Public Property” means, for each Fiscal Year, any property within the boundaries of CFD
2024-1, which is owned by, or irrevocably offered for dedication to the federal government, the
State of California, the County, the City or any other public agency as of June 30 of the prior
Fiscal Year; provided however that any property owned by a public agency and leased to a
private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and
classified in accordance with its use. To endure that property is classified as Public Property in
the first Fiscal Year after it is acquired by or irrevocably offered for dedication to a public
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agency, the property owner shall notify th e CFD Administrator in writing of such acquisition,
offer, or dedication not later than June 30 of the Fiscal Year in which the acquisition, offer, or
dedication occurred.
“Residential Property” means all Assessor’s Parcels of Developed Property for which a
Building Permit has been issued for the purpose of constructing one or more Residential Units.
“Residential Unit” means each separate residential dwelling unit that comprises an independent
facility capable of conveyance or rental, separate from adjacent residential dwelling units.
“Special Tax” means any special tax levied within CFD 2024-1 pursuant to the Act and this
Rate and Method of Apportionment of Special Tax.
“Special Tax Obligation” means the total obligation of an Assessor’s Parcel of Taxable
Property to pay the Special Tax for the remaining life of CFD 2024-1.
“Special Tax Requirement” means that amount required in any Fiscal Year to: (i) pay regularly
scheduled Debt Service on all Outstanding Bonds; (ii) pay periodic costs on the Outstanding
Bonds, including but not limited to, credit enhancement and rebate payments on the Outstanding
Bonds; (iii) pay Administrative Expenses; (iv) pay an y amounts required to establish or
replenish any reserve funds for all Outstanding Bonds; (v) pay directly for eligible development
impact fees and the acquisition or construction of eligible facilities, provided the inclusion of
such amount does not increase the levy of the Special Tax on Undeveloped Property; and (vi)
pay for reasonably anticipated Special Tax delinquencies based on the delinquency rate for
Special Taxes in the previous Fiscal Year; less (vii) a credit for funds available to reduce the
Annual Special Tax levy, as determined by the CFD Administrator pursuant to the Fiscal Agent
Agreement.
“State” means the State of California.
“Taxable Property” means all of the Assessor’s Parcels within the boundaries of CFD, which
are not exempt from the levy of the Special Tax pursuant to law or Section 5 below.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as
Developed Property.
2. LAND USE CLASSIFICATION
Each Fiscal Year, beginning with Fiscal Year 2024-25, each Assessor’s Parcel within CFD
2024-1 shall be classified as Taxable Property or Exempt Property. In addition, all Taxable
Property shall further be classified as Developed Property or Undeveloped Property, and all
such Taxable Property shall be subject to the levy of Special Taxes in accordance with this Rate
and Method of Apportionment of Special Tax determined pursuant to Sections 3 and 4 below.
Furthermore, each Assessor’s Parcel of Developed Property shall be classified according to its
applicable Land Use Class based on its Building Square Footage.
In the event a Building Permit is issued for one or more Residential Property Condominiums
prior to March 1 of the previous Fiscal Year and an Assessor’s Parcel Number has not yet been
assigned to each such Condominium for the current Fiscal Year, the applicable Assessor’s Parcel
may be classified as both Developed Property and Undeveloped Property. In such an instance,
the Special Taxes levied on such Assessor’s Parcel shall be the sum of the amount derived from
the following (i) applying the Assigned Special Tax applicable to each Condominium for which
a Building Permit was issued prior to March 1 of the previous Fiscal Year and (ii) levying the
acreage allocable to such actual or planned Condominiums for which a Building Permit has not
been issued prior to March 1 of the previous Fiscal Year as Undeveloped Property; the allocable
acreage shall be computed on a pro-rata basis based on the relative number of remaining
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Condominiums to the total number of Condominiums entitled to be developed on such
Assessor’s Parcel. The total number of Condominiums entitled to be developed on the applicable
Assessor’s Parcel shall be determined from the recorded condominium map, condominium plan,
applicable site plan, plot plan, or other appropriate records kept by the City as reasonably
determined by the CFD Administrator.
3. SPECIAL TAX RATES
A. Assigned Special Tax for Developed Property
The Assigned Special Tax applicable to an Assessor’s Parcel classified as Developed
Property commencing Fiscal Year 2024-25 shall be determined pursuant to Table 1
below.
Table 1
Assigned Special Tax Rates for Developed Property
Land Use
Class
Land
Use
Type
Building Square
Footage
Assigned
Special
Tax
1 Residential Property < 1,201 $2,702 per
Residential
Unit
2 Residential Property 1,201 to
1,400
$2,752 per
Residential
Unit
3 Residential Property 1,401 to
1,600
$2,802 per
Residential
Unit
4 Residential Property > 1,600 $2,812 per
Residential
Unit
On each July 1, commencing July 1, 2025 and ending July 1, 2035, the Assigned Special Tax
for Developed Property shall be increased by two percent (2.0%) of the amount in effect in the
prior Fiscal Year.
4. Backup Special Tax for Developed Property
When a Final Map or a condominium plan is recorded within CFD 2024-1, the Backup Special
Tax for Assessor’s Parcels of Developed Property classified as Residential Property shall be
determined as follows:
For each Assessor’s Parcel of Residential Property or for each Assessor’s Parcel of Undeveloped
Property to be classified as Residential Property upon its development within the Final Map area
of CFD 2024-1, the Backup Special Tax for Fiscal Year 2024-25 shall be the rate per Lot
calculated according to the following formula:
$151,512 x A
B = ------------------------
L
The terms have the following meanings:
B = Backup Special Tax per Lot
A = Acreage classified or to be classified as Residential Property in such Final Map.
The land area applicable to a Condominium shall be computed from the Acreage
of the Lot on which the Condominium is located, with the Acreage for such Lot
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allocated equally among all of the Condominiums located or to be located on such
Lot.
L = For a Final Map, the number of Lots which are classified or to be classified as
Residential Property.
Notwithstanding the foregoing, if Assessor’s Parcels of Residential Property or Undeveloped
Property for which the Backup Special Tax has been determined are subsequently changed or
modified by recordation of a new or amended Final Map, then the Backup Special Tax
applicable to such Assessor’s Parcels shall be recalculated to equal the total amount of Backup
Special Tax that would have been generated if such change did not take place.
On each July 1, commencing July 1, 2025 and ending July 1, 2035, the Backup Special Tax
applicable to each Assessor’s Parcel of Residential shall be increased by two percent (2.00%)
of the amount in effect in the prior Fiscal Year.
5. Maximum Special Tax for Developed Property
Each Fiscal Year, the Maximum Special Tax for an Assessor’s Parcel of Developed Property
shall be the greater of the applicable Assigned Special Tax or Backup Special Tax.
6. Maximum Special Tax for Undeveloped Property
The Maximum Special Tax for Undeveloped Property commencing in Fiscal Year 2024-25 shall
be $151,512 per Acre.
On each July 1, commencing July 1, 2025 and ending July 1, 2035, the Maximum Special Tax
applicable to each Assessor’s Parcel of Undeveloped Property shall be increased by two percent
(2.00%) of the amount in effect in the prior Fiscal Year.
7. Multiple Land Use Classes
In some instances, an Assessor’s Parcel of Developed Property may contain more than one Land
Use Class. The Maximum Special Tax that may be levied on such an Assessor’s Parcel shall
only be levied on the Residential Property Land Use Class located on such Assessor’s Parcel.
8. Special Tax Reduction prior to issuance of Bonds
Prior to the issuance of Bonds, the Assigned Special Tax, Backup Special Tax, and Maximum
Special Tax (collectively the “Special Tax Rates”) on Taxable Property may be reduced in
accordance with, and subject to the conditions set forth in this paragraph. Upon the City’s receipt
of a written request from property owner and the CFD Administrator, the Special Tax Rates on
Taxable Property may be reduced to a level which will provide not less than one hundred ten
percent (110%) of the estimated debt service with respect to the amount of Bonds requested to
be issued in such written request. If it is reasonably determined by the CFD Administrator that
the total effective tax rate on Residential Property exceeds 2%, the Special Tax Rates may be
reduced to the amount necessary to satisfy the maximum allowable effective tax rate
requirement on Residential Property with the written consent of Master Developer, which
consent shall not be unreasonably withheld, and the CFD Administrator. It shall not be required
that reductions among each “Building Square Footage” range of Residential Property be
proportional. Additionally, the “CFD Public Facilities Costs” amount in Section 8 shall be
reduced commensurate with any reductions to the Special Tax Rates pursuant to this paragraph,
as reasonably determined by the CFD Administrator. A certificate in substantially the form
attached hereto as Exhibit “B” shall be used for purposes of evidencing the required written
consent and effectuating the reduction to the Special Tax Rates. The reductions permitted
pursuant to this paragraph shall be reflected in an amended Notice of Special Tax Lien which
the City shall cause to be recorded.
Once bonds are issued for CFD No. 2024-1, this paragraph 3.F shall become void.
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9. METHOD OF APPORTIONMENT
For each Fiscal Year, commencing Fiscal Year 2024-25, the CFD Administrator shall determine
the Special Tax Requirement and levy the Special Tax on all Taxable Property in accordance
with the following steps:
Step 1: The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed
Property at up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax
Requirement;
Step 2: If additional monies are needed to satisfy the Special Tax Requirement after Step 1 has
been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of
Undeveloped Property up to 100% of the Maximum Special Tax for Undeveloped Property as
needed to satisfy the Special Tax Requirement;
Step 3: If additional monies are needed to satisfy the Special Tax Requirement after the first
two steps have been completed, the Special Tax shall be increased Proportionately on each
Assessor’s Parcel of Developed Property up to 100% of the Maximum Special Tax for
Developed Property as needed to satisfy the Special Tax Requirement.
Notwithstanding the above, under no circumstances will the Special Tax levied in any Fiscal
Year against any Assessor’s Parcel of Residential Property for which an occupancy permit for
private residential use has been issued be increased as a result of a delinquency or default in the
payment of the Special Tax applicable to any other Assessor’s Parcel within CFD 2024-1 by
more than ten percent (10%) above what would have been levied in the absence of such
delinquencies or defaults.
10. EXEMPTIONS
The CFD Administrator shall classify as Exempt Property (i) Assessor’s Parcels of Public
Property,
(ii) Assessor’s Parcels of Property Owner Association Property, (iii) Assessor’s Parcels which
are used as places of worship and are exempt from ad valorem property taxes because they are
owned by a religious organization, (iv) Non-Residential property including, but not limited to,
commercial and industrial parcels, and (v) Assessor’s Parcels with public or utility easements
making impractical their utilization for other than the purposes set forth in the easement,
provided that no such classification would reduce the sum of all Taxable Property in CFD 2024-
1 to less than 4.46 Acres. Assessor’s Parcels which cannot be classified as Exempt Property
because such classification would reduce the sum of all Taxable Property in CFD 2024-1 to less
than 4.46 Acres, shall be classified as Taxable Property and will continue to be subject to the
CFD 2024-1 Special Taxes accordingly. Tax exempt status for the purpose of this paragraph
will be assigned by the CFD Administrator in the chronological order in which property
becomes eligible for classification as Exempt Property.
If the use of an Assessor’s Parcel of Exempt Property changes so that such Assessor’s Parcel is
no longer classified as one of the uses set forth in the first paragraph of Section 5 above that
would make such Assessor’s Parcel eligible to be classified as Exempt Property, such Assessor’s
Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable
Property.
11. APPEALS
Any property owner who pays the Special Tax and claims the amount of the Special Tax levied
on his or her Assessor’s Parcel is in error shall first consult with the CFD Administrator
regarding such error not later than thirty-six (36) months after first having paid the first
installment of the Special Tax that is disputed. If following such consultation, the CFD
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Resolution No. 2024-152
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Administrator determines that an error has occurred, then the CFD Administrator shall take any
of the following actions, in order of priority, in order to correct the error:
(i) Amend the Special Tax levy on the property owner’s Assessor’s Parcel(s) for the current
Fiscal Year prior to the payment date,
(ii) Require the CFD to reimburse the property owner for the amount of the overpayment to the
extent of available CFD funds, or
(iii) Grant a credit against, eliminate or reduce the future Special Taxes on the property owner’s
Assessor’s Parcel(s) in the amount of the overpayment.
If following such consultation and action by the CFD Administrator the property owner believes
such error still exists, such person may file a written notice of appeal with the City Council.
Upon the receipt of such notice, the City Council or designee may establish such procedures as
deemed necessary to undertake the review of any such appeal. If the City Council or designee
determines an error still exists, the CFD Administrator shall take any of the actions described as
(i), (ii) and (iii) above, in order of priority, in order to correct the error.
The City Council or designee thereof shall interpret this Rate and Method of Apportionment of
Special Tax for purposes of clarifying any ambiguities and make determinations relative to the
administration of the Special Tax and any property owner appeals. The decision of the City
Council or designee shall be final and binding as to all persons.
12. COLLECTION OF SPECIAL TAXES
Collection of the Annual Special Tax shall be made by the County in the same manner as
ordinary ad valorem property taxes are collected and the Annual Special Tax shall be subject to
the same penalties and the same lien priority in the case of delinquency as ad valorem taxes;
provided, however, that the City Council may provide for (i) other means of collecting the
Special Tax, including direct billings thereof to the property owners; and (ii) judicial foreclosure
of delinquent Annual Special Taxes.
13. PREPAYMENT OF SPECIAL TAX OBLIGATION
A. Prepayment in Full
Property owners may prepay and permanently satisfy the Special Tax Obligation by a cash
settlement with the City as permitted under Government Code Section 53344. The following
definitions apply to this Section 8:
“CFD Public Facilities Costs” means an amount sufficient to pay development impact fees and
acquire or construct the facilities to be financed under the Act and financing program for CFD
2024-1, or such lower number as shall be determined by the CFD Administrator.
“Improvement Fund” means the fund (regardless of its name) established pursuant to the
Fiscal Agent Agreement to hold funds, which are currently available for expenditure to acquire
or construct the facilities or pay development impact fees authorized to be funded by CFD No.
2024-1.
“Future Facilities Costs” means the CFD Public Facilities Costs minus (i) costs previously
paid from the Improvement Fund to acquire or construct the facilities or pay for development
impact fees, (ii) monies currently on deposit in the Improvement Fund, and (iii) monies currently
on deposit in an escrow or other designated fund that are expected to be available to finance
CFD Public Facilities Costs.
“Outstanding Bonds” means all Previously Issued Bonds, which remain outstanding as of the
first interest and/or principal payment date following the current Fiscal Year excluding Bonds
to be redeemed at a later date with proceeds of prior Special Tax prepayments.
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“Previously Issued Bonds” means all Bonds that have been issued prior to the date of
prepayment.
The Special Tax Obligation applicable to an Assessor’s Parcel of Developed Property, or
Undeveloped Property for which a Building Permit has been issued may be prepaid and the
obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as described
herein, provided that a prepayment may be made with respect to a particular Assessor’s Parcel
only if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time
of prepayment. An owner of an Assessor’s Parcel eligible to prepay the Special Tax Obligation
shall provide the CFD Administrator with written notice of intent to prepay, and designate or
identify the company or agency that will be acting as the escrow agent, if any. The CFD
Administrator shall provide the owner with a statement of the Prepayment Amount for such
Assessor’s Parcel within thirty (30) days of the request, and may charge a reasonable fee for
providing this service. Prepayment must be made at least 60 days prior to any redemption date
for the Bonds to be redeemed with the proceeds of such prepaid Special Taxes, unless a shorter
period is acceptable to the Fiscal Agent and the City.
The Prepayment Amount (defined below) shall be calculated for each applicable Assessor’s
Parcel or group of Assessor’s Parcels as summarized below (capitalized terms as defined below):
Bond Redemption Amount plus Redemption Premium
plus Future Facilities Costs Prepayment Amount plus Defeasance Amount
plus Prepayment Administrative 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 in Step 14 below)
shall be calculated as follows:
Step No.:
1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel.
2. For Assessor’s Parcels of Developed Property, determine the Maximum Special
Tax. For Assessor’s Parcels of Undeveloped Property for which a Building
Permit has been issued, compute the Maximum Special Tax for that Assessor’s
Parcel as though it was already designated as Developed Property, based upon
the Building Permit which has already been issued for that Assessor’s Parcel.
3. Divide the Maximum Special Tax computed pursuant to paragraph 2 by the total
expected Maximum Special Tax revenue for CFD 2024-1 assuming all Building
Permits have been issued (build-out) within CFD 2024-1, excluding any
Assessor’s Parcels for which the Special Tax Obligation has been previously
prepaid.
4. Multiply the quotient computed pursuant to paragraph 3 by the Outstanding
Bonds and round that number up to the nearest $5,000 increment to compute the
amount of Outstanding Bonds to be retired and prepaid for all applicable
Assessor’s Parcels (the “Bond Redemption Amount”).
5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by
the applicable redemption premium (expressed as a percentage), if any, on the
Outstanding Bonds to be redeemed at the first available call date (the
“Redemption Premium”).
6. Compute the Future Facilities Costs.
7. Multiply the quotient computed pursuant to paragraph 3 by the amount
determined pursuant to paragraph 6 to compute the amount of Future Facilities
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Costs to be prepaid (the “Future Facilities Prepayment Amount”).
8. Compute the amount needed to pay interest on the Bond Redemption Amount
from the first bond interest and/or principal payment date following the current
Fiscal Year until the expected redemption date for the Outstanding Bonds which,
depending on the Fiscal Agent Agreement, may be as early as the next interest
payment date.
9. Compute the amount the CFD Administrator reasonably expects to derive from
the reinvestment of the Prepayment Amount less the Future Facilities Prepayment
Amount and the Prepayment Administrative Fees from the date of prepayment
until the redemption date for the Outstanding Bonds to be redeemed with the
prepayment.
10. Subtract the amount computed in paragraph 9 from the amount computed in
paragraph 8 (the “Defeasance Amount”).
11. Calculate the administrative fees and expenses of CFD No. 2024-1, including the
costs of computation of the prepayment, the costs to invest the prepayment
proceeds, the costs of redeeming the Outstanding Bonds to be redeemed with the
prepayment, and the costs of recording any notices to evidence the prepayment
and the redemption (the “Prepayment Administrative Fees”).
12. If reserve funds for the Outstanding Bonds, if any, are at or above 100% of the
reserve requirement (as defined in the Fiscal Agent Agreement) on the
prepayment calculation date, a reserve fund credit shall be calculated as a
reduction in the applicable reserve fund for the Outstanding Bonds to be
redeemed pursuant to the prepayment (the “Reserve Fund Credit”). No Reserve
Fund Credit shall be granted if, after the Prepayment Amount is calculated,
reserve funds are below 100% of the reserve requirement after taking into account
such prepayment.
13. If any capitalized interest for the Outstanding Bonds will not have been expended
at the time of the first interest and/or principal payment following the current
Fiscal Year, a capitalized interest credit shall be calculated by multiplying the
quotient computed pursuant to paragraph 3 by the expected balance in the
capitalized interest fund after such first interest and/or principal payment (the
“Capitalized Interest Credit”).
14. The amount to prepay the Special Tax Obligation is equal to the sum of the
amounts computed pursuant to paragraphs 4, 5, 7, 10, and 11, less the amounts
computed pursuant to paragraphs 12 and 13 (the “Prepayment Amount”).
15. From the Prepayment Amount, the sum of the amounts computed pursuant to
paragraphs 4, 5, and 10, less the amounts computed pursuant to paragraphs 12
and 13 shall be deposited into the appropriate fund as established under the Fiscal
Agent Agreement and be used to retire Outstanding Bonds or make Debt Service
payments. The amount computed pursuant to paragraph 7 shall be deposited into
the Construction Fund. The amount computed pursuant to paragraph 11 shall be
retained by CFD No. 2024-1.
The Prepayment Amount may be sufficient to redeem an amount other than a $5,000 increment
of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained
in the appropriate fund established under the Fiscal Agent Agreement to redeem Bonds to be
used with the next prepayment of Bonds.
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The CFD Administrator will confirm that all previously levied Special Taxes have been paid in
full. With respect to any Assessor’s Parcel for which the Special Tax Obligation is prepaid in
full, once the CFD Administrator has confirmed that all previously levied Special Taxes have
been paid, the City Council shall cause a suitable notice to be recorded in compliance with the
Act, to indicate the prepayment of the Special Tax Obligation and the release of the Special Tax
lien on such Assessor’s Parcel, and the obligation of the owner of such Assessor’s Parcel to pay
the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
aggregate amount of Maximum Special Taxes less Administrative Expenses that may be levied
on Taxable Property, respectively, after the proposed prepayment is at least 1.1 times the Debt
Service on all Outstanding Bonds in each Fiscal Year.
B. Partial Prepayment
The Special Tax on an Assessor’s Parcel of Developed Property or Undeveloped Property for
which a Building Permit has been issued may be partially prepaid. The amount of the
prepayment shall be calculated as in Section 8.A.; except that a partial prepayment shall be
calculated according to the following formula:
PP = (PE-A) x F+A
These terms have the following meaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section 8.A
F = the percentage by which the owner of the Assessor’s Parcel(s) is partially prepaying the
Special Tax Obligation
A = the Prepayment Administrative Fees and Expenses from Section 8.A
The owner of any Assessor’s Parcel who desires such partial prepayment shall notify the CFD
Administrator of (i) such owner’s intent to partially prepay the Special Tax Obligation, (ii) the
percentage by which the Special Tax Obligation shall be prepaid, and (iii) the company or
agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the
owner with a statement of the amount required for the partial prepayment of the Special Tax
Obligation for an Assessor’s Parcel within sixty (60) days of the request and may charge a
reasonable fee for providing this service.
With respect to any Assessor’s Parcel that is partially prepaid, the City shall (i) distribute the
funds remitted to it according to Section 8.A., and (ii) indicate in the records of CFD No. 2024-
1 that there has been a partial prepayment of the Special Tax Obligation and that a portion of
the Special Tax with respect to such Assessor’s Parcel, equal to the outstanding percentage (1.00
- F) of the Maximum Special Tax, shall continue to be levied on such Assessor’s Parcel.
Notwithstanding the foregoing, no partial prepayment shall be allowed unless the aggregate
amount of Maximum Special Taxes less Administrative Expenses that may be levied on Taxable
Property, respectively, after the proposed partial prepayment is at least 1.1 times the Debt
Service on all Outstanding Bonds in each Fiscal Year.
14. TERM OF SPECIAL TAX
The Special Tax shall be levied as long as necessary to meet the Special Tax Requirement, but
in any event not after Fiscal Year 2059-60. The Special Tax will cease to be levied in an earlier
Fiscal Year if the CFD Administrator has determined that all required interest and principal
payments on the Bonds have been paid, no delinquent Special Taxes remain uncollected, and
the City has covenanted that it will not issue any more Bonds (other than refunding Bonds) to
be supported by Special Taxes levied under this Rate and Method of Apportionment.
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A
-1
A
-1
EXHIBIT A
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EXHIBIT B
CERTIFICATE TO AMEND THE SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 2024-1 (CITRUS BAY)
OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
TAX REDUCTION CERTIFICATE
1. The undersigned property owners hereby request modification of the following information
in the Rate and Method of Apportionment of Special Tax (the "RMA") for Community
Facilities District No. 2024-1 (Citrus Bay) of the City of Chula Vista (the “CFD”).
2. Pursuant to Section 3 of the Rate and Method of Apportionment, as attached to the Notice
of Special Tax Lien, recorded in the Official Records of the County of San Diego as
Instrument No. XXXXXX on MM/DD/YYYY, the County of San Diego (the “County”)
hereby reduces the Assigned Special Tax for Developed Property within the CFD as set
forth in Table 1 of the RMA.
3. The information in Table 1, relating to the Assigned Special Tax for Developed Property
within CFD No. 2021-01 (IA No. 1) shall be amended and restated in full as follows:
Table 1: Assigned Special Tax for Developed Property
Land Use
Class
Land
Use
Type
Building Square
Footage
Assigned
Special
Tax
1 Residential Property < 1,201 $_______ per
Residential
Unit
2 Residential Property 1,201 to
1,400
$_______ per
Residential
Unit
3 Residential Property 1,401 to
1,600
$_______ per
Residential
Unit
4 Residential Property > 1,600 $_______ per
Residential
Unit
4. The calculation of the Backup Special Tax for Assessor’s Parcels of Developed Property
within CFD 2024-1 classified as Residential Property shall be amended as follows:
For each Assessor’s Parcel of Residential Property or for each Assessor’s Parcel of Undeveloped
Property to be classified as Residential Property upon its development within the Final Map area
of CFD 2024-1, the Backup Special Tax for shall be the rate per Lot calculated according to the
following formula:
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Resolution No. 2024-152
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$________ x A
B = -----------------------
L
The terms have the following meanings:
B = Backup Special Tax per Lot
A = Acreage classified or to be classified as Residential Property in such Final
Map. The land area applicable to a Condominium shall be computed from
the Acreage of the Lot on which the Condominium is located, with the
Acreage for such Lot allocated equally among all of the Condominiums
located or to be located on such Lot.
L = For a Final Map, the number of Lots which are classified or to be classified
as residential Property.
5. On each July 1, commencing July 1, 2025 and ending July 1, 2035, the Assigned Special
Tax Rates in Table 1 and the Backup Special Tax applicable to each Assessor’s Parcel of
Residential shall be increased by two percent (2.00%) of the amount in effect in the prior
Fiscal Year.
6. Section 3 of the RMA may only be modified prior to the issuance of Bonds.
7. Upon execution of the certificate by the County and the CFD, the County shall cause an
amended Notice of Special Tax Lien for the CFD to be recorded reflecting the
modifications set forth herein.
I hereby declare under penalty of perjury that the above representations are true and correct.
Property Owner:
By: _____________________________________________ Date:
________________________
By execution hereof, the undersigned acknowledges, on behalf of the City of Chula Vista and CFD
No. 2024-1(Citrus Bay) receipt of this Certificate and modification of the RMA as set forth in this
Certificate.
City of Chula Vista
By: _____________________________________________ Date:________________________
CFD Administrator
Community Facilities District No. 2024-1 (Citrus Bay) of the City of Chula Vista
By: _____________________________________________ Date:________________________
CFD Administrator
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EXHIBIT 2
DESCRIPTION OF PUBLIC FACILITIES
The public facilities (the “Facilities”) authorized to be financed by the levy of special taxes
within the proposed Community Facilities District No. 2024-1 (Citrus Bay) (the “District”) include
but are not limited to:
(a) Street and transportation improvements including parking, rights of way,
curbs and gutters, and other improvements relating thereto; park acquisition and improvements;
and sewer improvements, including collection, transportation, treatment and sewer disposal and
general civic facilities such as civic center, police, fire suppression, library, corporation yard, and
public recreation; and
(b) The incidental expenses proposed to be incurred are: (i) the cost of planning
and designing the public facilities and the cost of environmental evaluations thereof, (ii) all costs
associated with the formation of the proposed District, the issuance of the bonds thereof, the
determination of the amount of and collection of special taxes, the payment of special taxes, and
costs otherwise incurred in order to carry out the authorized purposes of the proposed District, and
(iii) any other expenses incidental to the construction, completion, and inspection of the public
Facilities.
Docusign Envelope ID: 8D0BC1DA-9C8F-4BD5-9CEA-E1BF2045BE9B