Loading...
HomeMy WebLinkAboutOrd 2005-3016 ORDINANCE NO. 3016 ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 12-M (VILLAGE 7) WHEREAS, the City Council of the City of Chula Vista (City Council), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of a special taxes within a community facilities district, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part I. Division 2, Title 5 of the Government Code of the State of California (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 (Ordinance) (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). This Community Facilities District is designated as Community Facilities District No. 12-M (VILLAGE 7) (District) and includes two improvement areas therein designated as Improvement Area I and Improvement Area 2 (collectively the Improvement Areas). The City Council of the City ofChula Vista, acting as the legislative body of Community Facilities District No. 12-M (Village 7), does hereby ordain as follows: SECTION I. This City Council does, by the passage of this ordinance, authorize the levy of special taxes within the Improvement Areas of the District pursuant to the Rate and Method of Apportionment of Special Taxes as set forth in Exhibit "A" attached hereto (Special Tax Formula), referenced and so incorporated. SECTION 2. The City Engineer is hereby further authorized, by resolution, to annually determine the special taxes to be levied within the District for the then current tax year or future tax years, except that the special tax to be levied within the District shall not exceed the maximum special tax calculated pursuant to the Special Tax Formula, but the special tax may be levied at a lower rate. SECTION 3. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad 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. SECTION 4. The special taxes shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with Section 53344 of the Government Code of the State of California or until the special tax ceases to be levied by the City Council in the manner provided in Section 53330.5 of said Government Code. f Ordinance No. 3016 Page 2 SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City pursuant to the provisions of Chula Vista's City Charter, Section 312(b). Prepared by Approved as to form by ~~x.~~- Sohaib AI-Agha City Engineer ~4/tT ~ oore ity Attorney Ordinance No. 3016 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 9th day of August, 2005, by the following vote: AYES: Councilmembers: Castaneda, McCann, Rindone and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: Davis 4~ c2cLLz Stephen C. ';;;Ala, Mayor ATTEST: ~ ~tLJ3~~.o Susan Bigelow, MMC, City rk --' 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 Ordinance No. 3016 had its first reading at a regular meeting held on the 26th day of July, 2005 and its second reading and adoption at a regular meeting of said City Council held on the 9th day of August, 2005. Executed this 9th day of August, 2005. --= <l.JJA...L.'--- r-=:s:; -1- J_~ Susan Bigelow, MMC, City Cle Ordinance No. 3016 Page 4 Exhibit "A-I" CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 12-M RATE AND METHOD OF APPORTIONMENT FOR VILLAGE 7 (McMillin Otay Ranch) IMPROVEMENT AREA 1 ~{'" .. CH~~ISI'A A Special Tax of Co=unity Facilities District No. 12M (Village 7) of the City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels in Improvement Area No.1 of the CFD and collected each Fiscal Year co=encing in Fiscal Year 2006-07 in an amount determined through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the CFD, 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 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 Subdivision Map, other final map, other parcel map', other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Co=unity Facilities Act of 1982, as amended, being Chapter 2.5, Pan 1, Division 2 of Title 5 of the Government Code of the State of California. "Admini.trative Expenses" means the actUal or estimated costs incurred by the City, acting for and on behalf of the CFD as the ar1mini<trator thereof, to determine, levy and collect the Special Taxes, including salaries of City employees and a proportionate amount of the City's general odmin;<trative overhead related thereto, and the fees of consultanu and legal counsel providing services related to the fonnation and Ordinance No. 3016 Page 5 ~\!/t. .. CHD~~ "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by assessor's parcel number. "CFD Adm;n;.trator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD" means Co=unity Facilities District No. 12M of the City of Chula Vista. "City" means the City of Chula Vista. "City Clerk" means the City Clerk for the City of Chula Vista or his or her designee. "City Manager" means the City Manager for the City of Chula Vista or his or her designee. "Co=unity Purpose Facility Property" or "CPF Property" means all Assessor's Parcels which are classified as co=unity purpose facilities, as defined in the City of Chula Vista Ordinance No. 2883. "Council" means the City Council ohhe City of Chula Vista, acting as the legislative body of the CFD. "County" means the County of San Diego, California. "Developed Property" means all Taxable Property for which a building permit is issued after January 1, 2006, but prior to the March 1st preceding the Fiscal Year in which the Special Taxis being levied. "Final Map Property" means a single family residential lot created by a Final Subdivision Map, but which is not classified as Developed Property. "Final Subdivision Map" means a subdivision of property creating single family residential buildable lots by recordation of a fmal subdivision map or parcel map pursuant to the Subdivision Map Act (California Gove=ent Code Section 66410 et seq.), or recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual lots for which building permits may be issued without further subdivision and is recorded prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. "Fiscal Year" means the period starting July 1 and ending on the following June 30. Munil'inimcitd Page C-2 city ofChuU Vut.o Community Facil~ District No. 12M Ordinance No. 3016 Page 6 ~\ft- .. cHM~ "Improvement Area No.1" or"IA No.1" means Improvement Area No.1 of the CFD, as identified on the boundary map for the CFD. "Land Use Class" means any. of the classes listed in Table 1 or Table 2. "Landscape Maintenance" means the labor, material, a~m;";<tration, personnel, equipment and utilities necessary to maintain landscaped improvements within the public right-of-ways, parkways, slopes, wetlands. and other public easements/improvements throughout the CFD. "Landscape Maintenance Requirement" means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Landscape Maintenance applicable to IA No. 1 for such Fiscal Year. "Maximum Special Tax" means the m....imum Special Tax, determined in accordance with Section C below, that may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for a structure or structures for non- residential use. "Operating Fund" means a fund that shall be maintained for IA No.1 for each Fiscal Year to pay for Landscape Maintenance and Storm Water Quality Maintenance and A~m;";<trative Expenses. "Operating Fund Requirement" means, for any Fiscal Year, the sum of the applicable Landscape Maintenance Requirement and the applicable Storm Water Quality Maintenance Requirement. "Other Taxable Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Final Map Property, or Taxable Property Owners Association Property. This may include Residential or Non-Residential Property. "Property Owner Association Property" means any property within the boundaries IA No.1 of the CFD that is owned by, or irrevocably dedicated as indica.ted in an instrument recorded with the County Recorder to, a property owner associa.tion, including any master or sub-associa.tion. "Proportionately. means in a manner such that the ntio of the actual Special.Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels of Taxable Property within each Land Use Class. MuniFirumci4l PapC.3 city .fOnJ. Vu:.. Community FtIdlitiG District No. 12M ----.- ~ --.- Ordinance No. 3016 Page 7 ~1/t. .. ~~ "Public Property" means any property within the boundaries of IA No. 1 of the CFD that has provided proof to the City prior to the March 1st preceding the Fiscal Year in which the Special Taxis being levied , that it is expected to be used for any public purpose and is owned by or dedicated to the federal government, the State, the County, the City or any other public agency. "Reserve Fund" means a fund that shall be maintained for IA No. 1 for each Fiscal Year to provide necessary cash flow for the first six months of each Fiscal Year, reserve capital to cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of Special Taxes. and a reasonable buffer to prevent large variations in annual Special Tax levies. "Reserve Fund Requirement" means an amount equal to up to 100% of the Operating Fund Requirement for any Fiscal Year: "Residential Dwelling Unit" means each separate residential dwelling unit which comprises an independent facility capable of conveyance separate from adjacent residential units, including but not limited to, single-family homes, duplexes, triplexes, townhomes, condominiums, and apartment units. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one Residential Dwelling Unit. "Special Tax" means the Special Tax levied pursuant to the provisions of Sections C and D below in each Fiscal Year on each Assessor's Parcel of Developed Property and Undeveloped Property in IA No.1 to fund the Special Tax Requirement. "Special Tax Requirement" means that amount required in any Fiscal Year for IA No.1 to: (a) (i) pay the Landscape MaiIitenance Requirement; (Ii) pay the Storm Water Quality Maintenance Requirement; ("ill) pay reasonable Atlmini<trative Expenses; (Iv) pay any amounts required to establish or replenish the Reserve Fund to the Reserve Fund Requirement; (v) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less (b) a credit for funds available to reduce the annual Special Tax levy, including the excess, if any, in the Reserve Fund above the Reserve Fund Requirement. "Square Foot" means the square footage as shown on an Assessor's Parcel's building permit of Residential Property, excluding garages or other structures not used as living space. "State" means the State of California. MuniFin.mcial Page C4 Cit'jofanJ. v_ Communil'y FlICililiG Distria No. 12M Ordinance No. 3016 Page 8 " c~~~ "Storm Water Quality Maintenance" means the maintenance of detention basins, storm drains, catch basin inserts, hydrodynamic devices, infiltration basins, and all other facilities that are directly related to storm water quality control throughout IA No. 1. "Storm Water Quality Maintenance Requirement" means for any Fiscal Year an amount equal to the budgeted casts for Storm Water Quality Maintenance applicable to lA. No.1 for the current Fiscal Year in which Special Taxes are levied. "Taxable Property" means all of the Assessor's Parcels within the boundaries of IA No.1 of the CFD tha.t are not exempt from the Special Tax pursuant to law or as defined below under "Tax-Exempt Property". "Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax-Exempt Property includes: (i) Public Property, or eli) Property Owner Association Property excluding Taxable Property Owner Association Property, or (iii) Assessor's Parcels defined as Co=unity Purpose Facility Property that is owned by a non-profit organization and has provided proof to the City prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied of the organization's non-profit status, or (v) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the casement. "Taxable Property Owner Association Property" means all Association Property which is not exempt from the Special Tax pursuant to Section Ebelow. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year using the definitions above, all Taxable Property within IA No.1 of the CFD shall be classified as Developed Property, Final Map Property or Undeveloped Property, and shall be subject to Special Taxes pursuant to Sections C and D below. Developed Property shall be further assigned to a Land Use Class as specified in Table 1. Undeveloped Property shall be further assigned to a Land Use Class as specified in Table 2. Assessor's Parcels of CPF Property not classified as exempt in accordance with Section E below shall be taxed as Non-Residential PropCTty when such Assessor's Parcel is classified as Developed Property. If the Assessor's Parcel is Undeveloped it shall be classified as Other Taxable Property. MuniFitwnt:itJ p.cs C",ofOJula v_ Commrmity Facilitia District No. 12M Ordinance No. 3016 Page 9 ~'\'t- .. cH6n~ c. MAXIMUM SPECIAL TAX RATE 1. Developed Property TABLE 1 Maximum Special Tax for Developed Property Community Facilities District No. 12M Improvement Area No.1 Fiscal Year 2006-07 Land Storm Maximum Use Description Landscape Water Quality Special Tax Class Maintenance Maintenance 1 Residential $0.302 per Sq Ft $0.091 per Sq Ft $0.393 per Sq Ft PropertY 2 Non-Residential $5,936.12 per Acre $1,792.30 per $7,728.42 per PropertY Acre Acre Multiple Land Use Classes In some instances an Assessor's Pucel 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 be the sum of the Maximum Special Tax levies that may be levied on all Land Use Classes located on that Assessor's Pucel. The CFD Admini!OtI'ator's shall determine the allocation to each Land Use Class. MU7I~ Pap C.6 City ofChuIa VISta Community Fadli:il!s DisIria No. 12M Ordinance No. 3016 Page 1 0 " ~~ 2. Undeveloped Property TABLE 2 Maximum Special Tax for Undeveloped Property Community Facilities District No. 12M Improvement Area No. 1 Fiscal Year 2006-07 Land Landscape Storm Maximum Use Description Maintenance Water Quality Special Tax Class Maintenance 3 Final Map Property $5,936.12 per $1,792.30 per Acre $7,728.42 per Acre Acre 4 Other Taxable $5,936.12 per $1,792.30 per Acre $7,728.42 per ProoertV Acre Acre 5 Taxable Property $5,936.12 per $1,792.30 per Acre $7,728.42 per Owner Association Acre Acre ProoertV 3. Annual Escalation of Maximum Special Tax The Maximum Special Tax as shown in the tables above that may be levied on each Assessor's Parcel in IA No. I shall be increased each Fiscal Year beginning in Fiscal Year 2007-08 and thereafter by a factor equal to the annual percentage change in the SQ.D. Diego MetropolitQ.D. Area All Urban Consumer Price Index (All Items) as reported by the State of California Department of Finance. D. METIlOD OF APPORTIONMENT OF !HE SPECIAL TAX Co~encing with Fiscal Year 2006-07, and for each following Fiscal Year, the Council shall levy the IA No.1 Special Tax at the rates established pursuant to steps 1 through 4 below so that the amount of the Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied proportionately on each Assessor's Parcel of Developed Property up to 100% of the applicable Maximum Special Ta; MuniFinanci4l P4g0 C-7 City ofa"u,. Vur.r Community Facilitils Distria No. 12M Ordinance No. 3016 Page 11 ~I~ .. ~~ Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Final Map Property at up to 100% of the Maximum Special Tax for Final Map Property; Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Other Taxable Property at up to 100% of the Maximum Special Tax for Other Taxable Property; Fourth: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, the Special Tax shall be levied proportionately on each Assessor's Parcel of Taxable Property Owner Association Property at up to 100% of the applicable Maximum Special Tax for Taxable Property Owner Association Property. Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Propertyfor which an occupancy permit for private residential use has been issued be increased by more than ten percent annually up to the Maximum Special Tax as a consequence of delinquency or default by the owner of any other Assessor's Parcel within IA No.1 of the CFD. E. EXEMPTIONS The CFD Administrator shall classify as exempt property (i) Assessor's Parcels defined as Public Property, ell) Assessor's Parcels defmed as Community Purpose Facility Property that are owned by a non-profit organization which has provided proof to the City prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied of the organization's non-profit status, and eill) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement. The CFD Administrator shall classify as exempt property those Assessor's Parcels defined as Property Owner's Association Property provided that no such classification would reduce the sum of all Taxable Property to less than 67.142 Acres. Assessor's Parcels defined as Property Owner Association Property that cannot be classified as exempt property will be classified as Taxable Property Owner Association Property and shall be taxed as part of the fourth step in Section D. MJmiFinandal Pago C8 City ofCJnda VIStA Community FACiliMs DiJtria No. 12M Ordinance No. 3016 Page 12 ~\~ .. cHOi:4~ The CFD Arlminiootrator will assign tax-exempt status in the chronological order in which propeny becomes Public Propeny or Co=unity Purpose Facility Propeny or Tax-Exempt Property Owner Association Property. However, should an Assessor's Parcel no longer be classified as Public Property or Co=unity Purpose Facility Propeny or Tax-Exempt Propeny Owner Association Propeny, its tax-exempt status will be revoked. Taxable Propeny Owner Association Propeny that is not exempt from the Special Tax under this section shall be subject to the levy of the Special Tax and shall be taxed Proportionately as part of the fourth step oin Section D above, at up to 100% of the applicable Maximum Special Tax for Taxable Propeny Owner Association Propeny. F. APPEALS Az1y landowner or resident who pays the Special Tax and believes that the amount of the Special Tax levied on their Assessor's Parcel is in error shall fU'st consult with the CFD Administrator regarding such error. If following such consultation, the CFD Administrator determines that an error has occurred, the CFD Arlmini<1:rator may amend the amount of the Special Tax levied on such Assessor's Parcel. If following such consultation and action, if any by the CFD Arlm;n;<1;rator, the landowner or resident believes such error still exists, such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall forward a copy of such notice to the City Manager who shall establish as part of the proceedings and arlmini<1:ration of the CFD, a special three-member Review/Appeal Committee. 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 administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and o binding as to all persons. E. MANNER OF C0I..LEC110N Special Taxes levied pursuant to Section D above shal1 be collected in the same manner and at the same time as ordinary ad valomn property taxes; provided, however, that the CFD Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of IA No. 1 of the CFD or as otherwise determined appropriate by the CFD Arlmini<trator. 0 MuniFi7w<ncW PageC-9 City ofCiJrJ.. Vur.. Community FtICiliM District No. 12M Ordinance No. 3016 Page 13 ~!ft. ., CI"~._ CHUIA V5TA F. TERM OF SPECIAL TAX Taxable Property in IA No.1 of the CFD shall remain subject to the Special Tax in perpetuity or until the City Council takes 'i-ppropriate actions to terminate the Special Tax pursuant to the Act. MuniFinanci4l PageG10 CiryofChula Vur.. CommunilJl FlIdlitil!S District No. 12M Ordinance No. 3016 Page 14 Exhibit "A-2" CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 12-M ~MElHOO<IDFA4Pl'XUIImImENf IMPR~NO.2 IJ~~~~ A Special Tax of Co=unity Facilities District No. 12M (Village 7) of the City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels in Improvement Area No.2 of the CFD and collected each Fiscal Year co=encing in Fiscal Year 2006-07 in an amount determined through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the. CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. ~!f", .. CHW.~ A. 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 appliable Final Subdivision Map, other fmal map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Co=unity Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or estimated costs incurred by the City, acting for and on behalf of the CFD as the ~t!miniotrator thereof, to determine, levy and collect the Special Taxes, including salaries of City employees and a proportionate amount ofthe City's general arlm;n;<trative overhead related thereto, and the fees of consultants and legal counsel providing services related to the formation and arlminiotration of the CFD; the costs of collecting installments of the Special Taxes; and any other costs required to form or ~rlmin;<ter IA No.2 of the CFD as determined by the City. "Asscssor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by ~essor's parcel number. MuniFin4nciAl Pa". C-Il City ofChu14 VISta Community Fad/ilia Distria No. 12M Ordinance No. 3016 Page 15 ~'"t. ., CM'1(11__. . CH\M ~ "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD" means Community Facilities District No. 12M of the City of Chula Vista. "City" means the City of Chula Vista. "City Clerk" means the City Clerk for the City of Chula Vista or his or her designee. "City Manager" means the City Manager for the City of Chula Vista or his or her designee. "Community Purpose Facility Property" or "CPF Property" means all Assessor's Parcels which are classified as community purpose facilities, as defined in the City of Chula Vista Ordinance No. 2883. "Council" means the City Council of the City of Chula Vista, acting as the legislative body of the CFD. "County" means the County of San Diego, California. "D~eloped Property" means all Taxable Property for which a building permit is issued after January 1, 2006, but prior to the March 1st preceding the Fiscal Year in which the Special Taxis being levied. "Final Map Property" means a single family residential lot created. by a Final Subdivision Map, but which is not classified as D~eloped Property. "Final Subdivision Map" means a subdivision of property creating single family residential buildable lots by recordation of a fmal subdivision map or parcel map pursuant to the Subdivision Map Act (California Gove=ent Code Section 66410 et seq.), or recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual lots for which building permits may be issued without further subdivision and is recorded prior to March 1 preceding the Fiscal Year in which the Special Taxis being levied. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Improvement Area No.2" or "IA No.2" means Improvement Area No.2 of the CFD, as identified on the boundary map for the CFD. "Land Use Class" means any of the classes listed in Table 1 or Table 2. MMniFintmcial Pap C-12 CityofCbuIa VISta Community FacilitiG Distria No. 12M Ordinance No. 3016 Page 16 ~"t- .. c&~ "Landscape Maintenance" means the labor, material,. .r1mini<tration, personnd, equipment and utilities necessary to maintain landscaped improvements within the public right-of.ways, parkways, slopes, wetlands and other public easements/improvements throughout the CFD. "Landscape Maintenance Requirement" means, for any Fiscal Year in which Special Taxes are levied., the amount equal to the budgeted costs for Landscape Maintenance applicable to IA No.2 for such Fiscal Year. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below, that may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. "Non-Residential Property" means all Assessor's Parcels of Developed Propetty for which a building permit(s) haS been issued for a strueture or structures for non- residential use. "Operating Fund" means a fund that shall be maintained for IA No.2 for each Fiscal Year to pay for Landscape Maintenance and Storm Water Quality Maintenance and ArI",ini<trative Expenses. "Operating Fund Requirement" means, for any Fiscal Year, the sum of the applicable Landscape Maintenance Requirement and the applicable Storm Water Quality Maintenance Requirement. "Other Taxable Property" means, for each Fiscal Year, all Taxable Propetty not classified as Developed Property, Final Map PropeCty-, or Taxable Propetty Owners Association Propetty. This may include Residential or Non-Residential Property. "Property Owner Association Property" means any property within the boundaries IA No.2 of the CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with tbe County Recorder to, a property owner association, including any master or sub-association. "Proportionately" means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels of Taxable Property within each Land Use Class. "Public Property" means any property within the boundaries of IA No.2 of the CFD that has provided proof to the City prior to the March 1st preceding the Fiscal Year in which the Special Taxis being levied , that it is expected to be used for any public purpose and is owned by or dedicated to the federal government, the State, the County, the City or any other public agency. P<<ge C-I3 C;:, ofc:JnJA 11'_ Community Facilities District No. 12M MJmiFinanciJ Ordinance No. 3016 Page 17 ~I~ .. C~~ "Reserve Fund" means a fund that shall be maintained for IA No.2 for each Fiscal Year to provide necessary cash flow for the first six months of each Fiscal Year, reserve capital to cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies. "Reserve Fund Requirement" means an amount equal to up to 100% of the Operating Fund Requirement for any Fiscal Year. "Residential Dwelling Unit" means each separate residential dwelling unit which comprises an independent facility capable of conveyance separate from adjacent residential units, including but not limited to, single-family homes, duplexes, triplexes, townhomes, condominiums, and apartment units. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one Residential Dwelling Unit. "Special Tax" means the Special Tax levied pursuant to the provisions of Sections C and D below in each Fiscal Year on each Assessor's Parcel of Developed Property and Undeveloped Property in IA No.2 to fund the Special Tax Requirement. "Special Tax Requirement" means that amount required in any Fiscal Year for IA No.2 to: (a) m pay the Landscape Maintenance Requirement; (Li) pay the Storm Water Quality Maintenance Requirement; (Ii.i) pay reasonable }.,jm;n;<trative Expenses; (Iv) pay any amounts required to establish or replenish the Reserve Fund to the Reserve Fund Requirement; (v) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less (b) a credit for funds available to reduce the annual Special Tax levy, including the excess, if any, in the Reserve Fund above the Reserve Fund Requirement. "Square Foot" means the square footage as shown on an Assessor's Parcel's building permit of Residential Property, excluding garages or other structures not used as living space. "State" means the State of California. "Stonn Water Quality Maintenance" means the maintenance of detention basins, storm drains, catch basin inserts, hydrodynamic devices, infiltration basins, and all other facilities that are directly related to storm water quality control throughout IA No.2. MlmiFinancitJ Page C.14 City ofChuIa VISta Community Facilitie Distria No. 12M Ordinance No. 3016 Page 18 ~!~ - ~r4~ "Storm Water Quality Maintenance Requirement" means for any Fiscal Year an amount equal to the budgeted costs for Storm Water Quality Maintenance applicable to IA No.2 for the current Fiscal Year in which Special Taxes are levied. "Taxable Property" means all of the Assessor's Parcels within the boundaries of IA No.2 of the CFD that are not exempt from the Special Tax pursuant to law or as defmed below under "Tax-Exempt Property. "Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax-Exempt Property includes: (i) Public Property, or [Ii) Property Owner Association Property excluding Taxable Property Owner Association Property, or [Iii) Assessor's Parcels defined as Co=unity Purpose Facility Property that is owned by a non-profit organization and has provided proof to the City prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied of the organization's non-profit status, Ot (v) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement. "Taxable Property Owner Association Property" means all Association Property which is not exempt from the Special Tax pursuant to Section E below. . "Undeveloped Property" means, for each Fiscal Year, all 'Taxable Property not classified as Developed Property. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year using the definitions above, all Taxable Property within IA No.2 of the CFD shall be classified as Developed Property, Final Map Property or Undeveloped Property, and shall be subject to Special Taxes pursuant to Sections C and D below. Developed Property shall be further assigned to a Land Use Class as specified in Table 1. Undeveloped Property shall be further assigned to a Land Use Class as specified in Table 2. Assessor's Parcels of CPF Property not classified as exempt in accordance with Section E below shall be taxed as Non-Residential Property when such Assessor's Parcel is classified as Developed Property. If the Assessor's Parcel is Undeveloped it shall be classified as Other Taxable Property. MuniFlM1ICi4l P,. C-B city ofChuJ. Vista Com.......ity FditiG Distria No. 12M Ordinance No. 3016 Page 19 ~{ft. .. ~ ~ISTA c. MAXIMUM SPECIAL TAX RATE 1. Developed Property TABLE 1 Maximum Special Tax for Developed Property Community Facilities District No. 12M Improvement Area No.2 Fiscal Year 2006-07 Land Storm Maximum Use . Description Landscape Water Quality Special Tax Class Maintenance Maintenance 1 Single Family $0.506 per Sq Ft $0.031 per Sq Ft $0.537 per Sq Ft Residential Property 2 Non-Residential $8,152.04 per $497.68 per $8,649.72 per Property Acre Acre Acre 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 be the sum of the Maximum Special Tax levies that may be levied on all Land Use Classes located on that Assessor's Parcel. The CFD Administrator's shall determine the allocation to each Land Use Class. MlmiFintmcW Page C-16 CityofChuIa VISta Community FacilitiG Dimia No. 12M Ordinance No. 3016 Page 20 ~(~ - cHOn ~ 2. Undeveloped Property TABLE 2 Maximum Special Tax for Undeveloped Property Community Facilities District No. 12M Improvement Area No.2 Fiscal Year 2006-07 Land Landscape Storm Maximum Use Description Maintenance Water Quality Special Tax Class Maintenance 3 Final Map Property $8,152.04 per $497.68 per Acre $8,649.72 per Acre Acre 4 Other Taxable $8,152.04 per $497.68 per Acre $8,649.72 per PropertY Acre Acre 5 Taxable Property $8,152.04 per $497.68 per Acre $8,649.72 per Owner Association Acre Acre PropertY 3. Annual Escalation of Maximum Special Tax The Maximum Special Tax as shown in the tables above that may be levied on each Assessor's Parcel in IA No. 2 shall be increased each Fiscal Year beginning in Fiscal Year 2007-08 and thereafter by a factor equal to the annual percentage change in the San Diego Metropolitan Area All Urban Consumer Price Index (All Items) as reported by the State of California Department of Finance. D. METIiOD OF APPORTIONMENT OF TIlE SPECIAL TAX Co=encing with Fiscal Year 2006-07, and for each following Fiscal Year, the Council shall levy the IA No. 2 Special Tax at the rates established pursuant to steps 1 through 4 below so that the amount of the Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied proportionately on each Assessor's parcel of Developed Property up to 100% of the applicable Maximum Special Taxj ~ P,.geC-17 Ci:;1 DfCbultt v_ Community Facilitie District No. 12M Ordinance No. 3016 Page 21 ~\IIt. .. c~ ~ISTA Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Final Map Property at up to 100% of the Maximum Special Tax for Final Map Property; Third: If additional monies are needed to satisfy the Special Tax Requirement after the fIrst two steps have been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Other Taxable Property at up to 100% of the Maximum Special Tax for Other Taxable Property; Fourth: If additional moneys are needed to satisfy the Special Tax Requirement after the Hrst three steps have been completed, the Special Tax shall be levied proportionately on each Assessor's Parcel of Taxable Property Owner Association Property at up to 100% of the applicable Maximum Special Tax for Taxable Property Owner Association Property. Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent annually up to the Maximum Special Tax as a consequence of delinquency or default by the owner of any other Assessor's Parcel within IA No.2 of the CFD. E. EXEMPTIONS The CFD Ar!min;<t.rator shall classify as exempt property (1) Assessor's Parcels defIned as Public Property, (ll) Assessor's Parcels defIned as Co=unity Purpose Facility Property that are owned by a non-profit organization which has provided proof to the City prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied of the organization's non-profIt status, and (ill) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement. The CFD Ar!mi n;<t.rator shall classify as exempt property those Assessor's Parcels defIned as Property Owner's Association Property provided that no such classifIcation would reduce the sum of all Taxable Property to less than 51.00 Acres. Assessor's Parcels defIned as Property Owner Association Property that cannot be classifIed as exempt property will be d"sified as Taxable Property Owner Association Property and shall be taxed as part of the fourth step in Section D. The CFD Ar!mini<t.rator will assign tax-exempt status in the chronological order in which property becomes Public Property or Co=unity Purpose Facility Property or MuniFin4nciJ PtIf."C.18 City of Chula Vuta Community FadlitUs Distria No. 12M Ordinance No. 3016 Page 22 ~1/t.. .. ~ ~ISTA Tax-Exempt Property Owner Association Property. However, should an Assessor's Parcel no longer be classified as Public Property or Co=unity Purpose Facility Property or Tax-Exempt Property Owner Association Property, its tax-exempt status will be revoked. Taxable Property Owner Association Property that is not exempt from the Special Tax under this section shall be subject to the levy of the Special Tax and shall be taxed Proportionatdy as part of the fourth step in Section D above, at up to 100% of the applicable Maximum Special Tax for Taxable Property Owner Association Property.. F. APPEALS AD.y landowner or resident who pays the Special Tax and believes that the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD Artminictrator regarding such error. If following such consultation, the CFD Administrator determines that an error has occurred, the CFD Artmini'trator may amend the amount of the Special Tax levied on such Assessor's Parcel. If following such consultation and action, if any by the CFD Artmin;q;rator, the landowner or resident believes such error still exists, such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall forward a copy of such notice to the City Manager who shall establish as part of the proceedings and artmini.tration of the CFD, a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Reviewl Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations rel;ltive to the annual.rtm;n;ctration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Reviewl Appeal Committee shall be final and binding as to all persons. G. MANNER OF COLLECTION Special Taxes levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the CFD Artminiotrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a. different manner if necessary to meet the financial obligations of IA No. 2 of the CFD or as otherwise determined appropriate by the CFD Administrator. MlmiFin<mcial P4ge C19 Cirj ofCbuL. YISU Community F4dlitiG District No. 12M Ordinance No. 3016 Page 23 ~1~ ., CH~~ H. TERM OF SPECIAL TAX Taxable Property in IA No.2 of the CFD shall remain subject to the Special Tax in perpetuity or until the City Council takes appropriate actions to terminate the Special Tax pursuant to the Act. MuniFinanci4l Page C.20 City ofChula VI.!ta Community Facilities District No. 12M