EXHIBIT C
COMMUNITY DEVELOPMENT DEPARTMENT
1. PROJECT PERMITTED. MA22118 (VTTM38258) is for an approval for subdivision, and a Neighborhood Development Plan (NDP) to construct 35 detached condominiums at the northeast corner of Rancho Jurupa Drive, and Beach Street (APN: 162-230-014).
Signs are not a part of this approval.
2. INDEMNIFY CITY. The applicant, the property owner or other holder of the right to the development entitlement(s) or permit(s) approved by the City for the project, if different from the applicant (herein, collectively, the “Indemnitor”), shall indemnify, defend, and hold harmless the City of Jurupa Valley and its elected city council, its appointed boards, commissions, and committees, and its officials, employees, and agents (herein, collectively, the “Indemnitees”) from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either (i) the City’s approval of the project, including without limitation any judicial or administrative proceeding initiated or maintained by any person or entity challenging the validity or enforceability of any City permit or approva l relating to the project, any condition of approval imposed by City on such permit or approval, and any finding or determination made and any other action taken by any of the Indemnitees in conjunction with such permit or approval, including without limitation any action taken pursuant to the California Environmental Quality Act (“CEQA”), or (ii) the acts, omissions, or operations of the Indemnitor and the directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the Indemnitor with respect to the ownership, planning, design, construction, and maintenance of the project and the property for which the project is being approved.
The City shall notify the
Indemnitor of any claim, lawsuit, or other judicial or administrative proceeding (herein, an “Action”) within the scope of this indemnity obligation and request that the Indemnitor defend such Action with legal counsel reasonably satisfactory to the City. If the Indemnitor fails to so defend the Action, the City shall have the right but not the obligation to do so and, if it does, the Indemnitor shall promptly pay the City’s full cost thereof.
Notwithstanding the foregoing, the indemnity obligation under clause (i) of the first sentence of this condition shall not apply to the extent the claim arises out of the willful misconduct or the sole active negligence of the City.
3. CONSENT TO CONDITIONS. Within thirty (30) days after project approval, the owner or designee shall submit written consent to the required conditions of approval to the Community Development Director or designee.
4. FEES. The approval of MA22118 (VTTM38258) shall not become effective until all Community Development fees have been paid in full.
5. INCORPORATE CONDITIONS. Prior to the issuance of the first building permit for a residential unit of the development project, the owner or designee shall include within the first four pages of the working drawings a list of all conditions of approval imposed by the project’s final approval.
6. APPROVAL PERIOD – VESTING TENTATIVE TRACT MAP . Vesting Tentative Tract Map (VTTM) No. 38258 shall expire on October 27 , 2025, 36 months after approval, unless within that period of time a final map shall have been approved and filed with the County of Riverside Assessor-County Clerk-Recorder.
PARADISE KNOLLS PLANNING AREA 2 – LOT 9 (MA22118) REVISED: OCTOBER 20, 2022 CONDITIONS OF APPROVAL (VTTM38258)
7. CONFORMANCE TO APPROVED EXHIBITS. The project shall be in conformance to the approved plans (listed below) with any changes in accordance to these conditions of approval:
a. Vesting Tentative Tract Map (VTTM) No. 38258 (dated: 9/14/2022); b. Site Plan (dated: 9/14/2022)
c. Plotting Plan (dated: 9/15/2022)
d. Architectural Elevations and Floor Plans (dated 10/5/2022); e. Landscape Concept (dated: 9/15/2022);
f. Lighting Plan (dated: 9/19/2022); and
g. Trash Pick Up Exhibit (dated 9/9/2022)
8. MITIGATION MEASURES. This project shall be subject to, and comply with, all of the mitigation measures set forth in the Mitigation Monitoring and Reporting Program adopted by Resolution No. 2016-15 in connection with the adoption of an Environmental Impact Report prepared for the Paradise Knolls Specific Plan.
9. GENERAL MAINTENANCE OF PROPERTY. The property shall be maintained at all times including the removal of debris, weeds, abandoned vehicles, code violations, and any other factor or condition that may contribute to potential blight or crime.
10. LANDSCAPE MAINTENANCE. All landscaped areas as approved on the final landscape plans shall be maintained in an orderly, attractive and healthy condition. This shall include proper pruning, mowing of turf areas, weeding, removal of litter, fertilization, replacement of plants when necessary, and the regular application of appropriate quantities of water to all landscaped areas. The property owner shall maintain all irrigation systems as approved on the final landscape plans in proper operating condition. Waterline breaks, head/emitter ruptures , overspray or runoff conditions and other irrigation system failures shall be repaired immediately. Canopy trees shall be maintained in a manner that they provide the required shade coverage and encourages the canopy to grow to provide shade. Trees shall not be topped or pruned in a manner that prevents them from achieving mature height and form.
11. ELECTRIC VEHICLE (EV) CHARGING STATIONS. The site shall provide and install infrastructure for one (1 ) Electrica l Vehicle (EV) Charging station , subject to ADA compliance. EV charging station plans shall be approved by the Community Development Director prior to the issuance of the first building permit for a residential unit of the development project.
The one (1) charging station shall be fully constructed prior to the issuance of the final certificate of occupancy for the development project.
12. DRIVEWAY ENHANCEMENTS. All driveways leading directly into the project site, and the pedestrian walkway off Beach Street shall have design enhancements such as decorative paving. Said enhancements shall be approved by the Community Development Director prior to the issuance of the first b uilding permit for a residential unit of the development project.
13. UNDERGROUNDING OF DRAINAGE. Driveway and parking areas shall not incorporate center swales, ribbon gutters, concrete valleys, etc. All drainage in common and private use areas shall be underground and shall not incorporate open gutters or PARADISE KNOLLS PLANNING AREA 2 – LOT 9 (MA22118) REVISED: OCTOBER 20, 2022 CONDITIONS OF APPROVAL (VTTM38258)
swales.
14. STREET TREES. All street trees shall be a minimum of 36” box trees.
15. COMMUNITY DEVELOPMENT DEPARTMENT REVIEW OF GRADING PLANS. Prior to the issuance of the grading permit , the aesthetic impact of slopes and grade differences where the project adjoins streets or other properties shall be approved by the Community Development Director.
16. OWNERSHIP AND MAINTENANCE OF COMMON AREA. Covenants, Conditions, and Restrictions (CC&Rs) shall be approved by the Community Development Director and City Engineer prior to, or in concurrence with, the recordation of the final map , providing for maintenance of the property in perpetuity. The CC&Rs shall, at a minimum, include provisions for the following items unless it is deemed unnecessary by the Community Development Director:
a. Formation of a Permanent Organization for the ownership and maintenance of all common areas including, but not limited to, landscaping, parking areas, and circulation systems (areas) in perpetuity.
b. The CC&Rs shall identify the common areas for ownership and maintenance. The common areas shall include the following applicable items:
i. Access and Circulation Areas
ii. Drainage Facilities
iii. Landscaping and Irrigation
iv. On-site Lighting Fixtures
v. Walls and Fences
vi. All on-site storm water and water quality management post -construction facilities and features (BMPs) shall require mai ntenance by the property owner(s). Regulations for operations and maintenance shall be clearly stated in the CC&Rs.
vii. A cross -lot drainage easement/agreement shall be required among parcel(s), where applicable.
viii. Only residents abutting the private court shall have access directly to and from their respective unit/garage.
ix. Other items the Community Development Director and City Engineer deem appropriate.
17. ON-SITE LANDSCAPING. Prior to the issuance of the first building permit for a residential unit of the development project, a “Professional Services” (PROS) application shall be approved by the Community Development Director. The PROS application shall include the following items:
a. Final (construction set) on-site landscape plans;
b. Completed City Agreement for Landscape improvements
c. City Faithful Performance Bond for Landscape improvements; performance bond shall be posted at 110% of the total cost approved estimate of landscaping, PARADISE KNOLLS PLANNING AREA 2 – LOT 9 (MA22118) REVISED: OCTOBER 20, 2022 CONDITIONS OF APPROVAL (VTTM38258)
irrigation, labor, and one -year maintenance. The Community Development Director may consider a cash bond if appropriate.
Prior to the issuance of the first certificate of occupancy for the development project, the following events shall be satisfied in the order listed below:
a. Substantial Conformance Letter: The Landscape Architect of Record shall conduct an inspection and submit a letter to the City of Jurupa Valley Community Development Department after the landscape architect has deemed the installation is in conformance to the approved plans; and b. City Inspection: The City landscape architect shall conduct an inspection of the installation to confirm the landscape and irrigation plan was constructed in accordance to the approved plans. Applicant shall pay any fees associate with the City inspection(s).
18. GRAFFITI PROT ECTION FOR WALLS. Plans that include anti -graffiti coating or protection for the exterior side of all perimeter walls and exterior of building walls to half the height of the structure, to a maximum of 12 feet, shall be approved by the Community Development Director prior to the issuance of the first building permit for a residential unit of the development project . Graffiti shall be removed from the property within 24 hours.
19. TRASH COLLECTION. An approval or clearance letter from the waste collection agency shall be submitted to the Community Development Director prior to the issuance of the first building permit for a residential unit of the development project.
20. OUTDOOR LIGHTING. All outdoor lighting fixtures shall be maintained in good condition. Light fixtures shall be downward facing, shielded to prevent any light from flooding onto adjacent properties, and reflecting into the sky.
A photometric plan and exhibits of lighting fixtures shall be approved by the Community Development Director prior to the issuance of the first building permit for a residential unit of the development project.
21. WALL AND FENCE PLAN. A Wall & Fence plan, including elevations, colors, and materials, shall be approved by the Community Development Director prior to the issuance of the first building permit for a residential unit of the development project.
22. LANDSCAPED PLANTERS ON RANCHO JURUPA DRIVE AND PERSANO STREET.
Sufficient l andscaping shall be used to soften and screen the tall perimeter walls , includes the retaining wall, abutting the sidewalks on Rancho Jurupa Drive, and Persano Street. The sidewalk shall be between two (2) landscaped planters. The landscape plans for screening of those walls shall be approved by the Community Development Director prior to the issuance of the first building permit for a residential unit of the development project. An alternative method to the landscape screening of the walls may be approved by the Community Development Director.
23. BACKFLOW DEVICES. The location of all backflow devices , and a ny required screening of it, shall be approved by the Community Development Director prior to the issuance of the first building permit for a residential unit of the development project. Backflow devices shall be located the greatest extent possible from t he front PARADISE KNOLLS PLANNING AREA 2 – LOT 9 (MA22118) REVISED: OCTOBER 20, 2022 CONDITIONS OF APPROVAL (VTTM38258)
property line.
24. UTILITY METERS. Utility meters affixed to the exterior walls of buildings shall not be visible from the internal private street. Where possible, exceptions can be made, subject to the approval of the Community Development Director.
25. MAILBOXES. The design of all mailboxes , if proposed, shall be approved by the Community Development Director prior to the issuance of the first building permit for a residential unit of the development project.
26. JURUPA AREA RECREATION AND PARK DISTRICT (JA RPD). Prior to the issuance of the first building permit for a residential unit of the development project, the applicant shall annex into the existing Jurupa Area Recreation and Park District (JARPD) District -Wide Community Facilities District (CFD) or fo rm a new Community Facilities District (CFD) to contribute to the cost of park maintenance.
27. IMPACT FEES. The applicant shall pay the following impact fees (unless exempt) in accordance to Title 3 of the Municipal Code:
a. Development Impact Fee (DIF) Program . The applicant shall pay any owed DIFs by the required deadline pursuant to Chapter 3.75 of the Jurupa Valley Municipal Code.
b. Multiple Species Habitat Conservation Plan Mitigation (MSHCP) Fee. The applicant shall pay any owed MSHCP fees by the required dea dline pursuant to Chapter 3.80 of the Municipal Code.
c. Transportation Uniform Mitigation Fee (TUMF) Program . The applicant shall pay any owed TUMFs by the required deadline pursuant to Chapter 3.70 of the Municipal Code.
28. INCLUSIONARY HOUSING. The Project shall be subject to and the applicant has agreed to comply with the inclusionary housing unit requirement , not to exceed 7% of the overall development, and/or the inclusionary housing in-lieu fee, not to exceed $2.50 per square foot . Within thirty (30) days after the project’s approval, the applicant shall notify the Community Development Director in writing the method by which the applicant proposes to satisfy the inclusionary housing unit requirement and/or the inclusionary housing in-lieu fee requirement.
29. LINEAR PARK – PLANNING AREA 5. No more than 125 building permits shall be released for the entire Paradise Knolls Specific Plan (Planning Areas 1 through 6) prior to the beginning of construction (grading) of the 4.25-acre linear park to be located in Planning Area 5.
30. CONCRETE CHANNEL MAINTENANCE. The concrete channel running along the north side of the project site shall be maintained in perpetuity by a permanent organization. The Applicant shall secure an off-site access easement from the property owner(s) of the northern parcel (Lot 8) with APN: 162-230-013 prior to the issuance of the grading permit.
ENGINEERING DEPARTMENT
31. GENERAL REQUIREMENTS (ENGINEERING)
29.1. The use hereby conditioned is for a Schedule “A” subdivision, Vesting Tentative Tract No. 38258 (VTTM38258); being a subdivision of Lot 9 of Tract Map No. 36822 (TR36 822), in Book 465, Pages 69 through 73, inclusive, of PARADISE KNOLLS PLANNING AREA 2 – LOT 9 (MA22118) REVISED: OCTOBER 20, 2022 CONDITIONS OF APPROVAL (VTTM38258)
Maps, Records of Riverside County, California ; more particularly Assessor’s Parcel Number 162-230-014; containing 2.62 acres gross. Lots 1 through 6, inclusive, are for residential and open space purpos es; Lot “A” will be dedicated as a private road. The following exhibit is hereby referenced:
Vesting Tentative Tract Map No.38258, prepared by Adams Streeter Civil Engineers, dated September 14, 2022.
29.2. The Tract Map preparation shall comply with the State o f California Subdivision Map Act, and the City of Jurupa Valley Municipal Code; as it pertains to Schedule “A” subdivision, unless otherwise modified by the conditions listed herein.
29.3. It is assumed that the vesting tentative map and site plan exhibits are all inclusive of a parcel or parcels of land legally subdivided in compliance with the Subdivision Map Act, and local ordinance.
29.4. It is assumed that any easements shown on the referenced exhibits are shown correctly and include all the easements that encumb er the subject property. The Applicant shall secure approval from all (if any) easement holders for all grading and improvements which are proposed over the respective easement or provide evidence that the easement has been relocated, quitclaimed, vacated, abandoned, easement holder cannot be found, or is otherwise of no affect. Should such approvals or alternate action regarding the easements not be provided, the Applicant may be required to amend or revise the permit .
29.5. Improvements such as landscaping, str eetlights, and other street infrastructure within the dedicated private right -of-way as shown on the referenced exhibit shall be maintained by a Home Owner’s Association (HOA) unless otherwise maintained by a public agency .
29.6. Applicant shall be responsible for fair share contributions specified in the approved “Paradise Knolls Mixed Use Development Traffic Impact Analysis” for the Paradise Knolls Specific Plan as applicable.
30. PRIOR TO GRADING PERMIT (ENGINEERING)
30.1. In compliance with Jurupa Valley Municipal Cod e, Chapter 8.70, no grading permit shall be issued until the Vesting Tentative Tract Map ( VTTM) and all other pertinent Planning permits are approved and are in effect.
30.2. All grading shall conform to the California Building Code, as adopted by the City of Jurupa Valley, the City’s Municipal Code Title 8, and all other relevant laws, rules, and regulations governing grading in the City of Jurupa Valley and state of California. Grading shall be performed in accordance with the recommendations of the approved project specific geotechnical report.
Grading plans shall be approved by the City Engineer and financial securities for grading, if applicable, shall be in place prior to permit issuance.
30.2.1. Prior to approval of the precise grading plan, the Applicant shall prepare a project specific geotechnical report for review and approval of the City Engineer for Lots 7 and 9 of TR36822 (PA2).
PARADISE KNOLLS PLANNING AREA 2 – LOT 9 (MA22118) REVISED: OCTOBER 20, 2022 CONDITIONS OF APPROVAL (VTTM38258)
30.2.2. A Supplemental Geotechnical Investigation for PA2 was previously prepared by Leighton & Associates, Inc., dated July 22, 2022. Applicant shall address outstanding comments on the Interoffice Memorandum dated September 26, 2022.
30.2.3. Special considerations (if any) during grading operations with respect to the interim water quality basin as shown in the WQMP Exhibit shall be included in the geotechnical report.
30.3. The Applicant shall prepare a “rough” grading plan or a combined “rough and precise” grading plan for the project site.
30.3.1. The grading plan shall be prepared under the supervision of a civil engineer licensed in the state of California (Project Civil Engineer) and he/she must sign the plan. The printed name and contact information of the Project Civil Engineer shall be included on the face of the grading plan. The grading plan shall be approved by the City Engineer.
30.3.2. The grading plan shall provide for acceptance and proper disposal of all off -site drainage flowing onto or through the site.
Should the quantities of flow exceed th e capacity of the conveyance facility, the Applicant shall provide adequate drainage facilities and/or appropriate easement(s), if necessary, as approved by the City Engineer.
30.3.3. The grading plan shall provide for protection of downstream properties from dama ges caused by alteration of the drainage patterns, i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement(s), if necessary, as approved by the City Engineer.
30.3.4. Temporary erosion control measures shall be implemented immediately following rough grading to prevent transport and deposition of earthen materials onto downstream/downwind properties, public rights -of-way, or other drainage facilities.
Erosion Control Plans showing these measures shall be
submitted along with the grading plan for approval by the City Engineer.
30.3.5. Applicant shall provide written proof and authorization from easement holders (if any) for work proposed over easements.
30.4. If grading is required offsite, the Applicant shall obtain a written notarized letter of authorization from the property owner(s) to grade as necessary and provide a copy to the Engineering Department. It shall be the sole responsibility of the Applicant to obtain any and all proposed or required easements and/or authorizations necessary to perform the grading shown on the site plan and grading exhibits.
PARADISE KNOLLS PLANNING AREA 2 – LOT 9 (MA22118) REVISED: OCTOBER 20, 2022 CONDITIONS OF APPROVAL (VTTM38258)
30.5. All required mitigations for any applicable paleontological, archeological, or cultural resources issues shall be satisfied in accordance with the Environmental Mitigation & Monitoring Reporting Program.
30.6. A hauling permit shall be required for the import/export of material using City streets; the import/export location and the haul route sh all be reviewed and approved by the Engineering Department. If the import/export location is outside of City limits, the Applicant shall provide evidence that the jurisdictional agency has provided all necessary approvals for import/export to/from the site.
30.7. Prior to approval of the precise grading plan, the Applicant shall prepare a detailed final flood hazard/hydrology report for review and approval of the City Engineer for PA2.
30.7.1. The project proposes interim and final stormwater BMPs to capture and treat the onsite and offsite runoff from PA2. Applicant shall be responsible for the design and construction of both interim and final stormwater improvements. If any of the stormwater i mprovements are proposed to be completed by others, Applicant shall provide proof of responsibility for the design and construction of the improvements to the satisfaction of the City Engineer.
30.7.2. The Final Hydrology Report shall consider the grading plans and the impacts stormwater infiltration may have on the public roadway for the interim BMP. The placement of the interim infiltration basin shall not impede the effective drainage of Rancho Jurupa Drive and shall comply with the general roadway drainage considerations for safety and clear recovery zone (CRZ) concept in the latest AASHTO manual, unless otherwise
determined by the City Engineer.
30.7.3. The placement of the interim infiltration basin and the point of discharge to the basin are subject to review of the storm drain and grading improvement plans by the City Engineer and may be required to be located differently. The Applicant shall coordinate with the property owner(s) of PA1, PA5 and Lot 7 of TR36822 (PA2) for the construction of the interim improvements . Prior to the precise grading plan, the Applicant shall obtain a written notarized letter of authorization from the property owner(s) to construct and relocate the above -mentioned improvements. A copy of the letter shall be provided to the Engineering Department. It shall be the sole responsibility of the Applicant to obtain any and all proposed or required easements and/or permissions necessary for the interim infiltration basin.
30.7.4. Prior to the approval of the precise grading plan, the Applicant shall prepare, or cause to be prepared, a Final Water Quality Management Plan (F -WQMP) for PA2 in conformance with the requirements of the Riverside County Flood Control and Water PARADISE KNOLLS PLANNING AREA 2 – LOT 9 (MA22118) REVISED: OCTOBER 20, 2022 CONDITIONS OF APPROVAL (VTTM38258)
Conservation District (RC FC&WCD) for the Santa Ana River Watershed for approval of the City Engineer.
30.7.5. The F-WQMP shall provide any changes in pervious/impervious areas and BMPs.
30.7.6. Any onsite and offsite BMPs shall be designed and sized per the findings of the F -WQMP. Any changes to the proposed BMP sizing, design, and type; and impacts to the referenced exhibit(s), may require additional approvals.
30.8. Post-construction water quality surface features and facilities such as basins and bio-swales shall be designed and installed per approved project-specific WQMP and approved by the Engineering Inspector.
30.9. For disturbance of one or more acres , the Applicant shall provide evidence that it has prepared and submitted to the State Water Resources Control Board (SWRCB) a Storm Water Pollution Prevention Plan (SWPPP). The SWRCB issued WDID number shall be included on the face of the grading plan.
30.10. Applicant shall coordinate with Burrtec for the preparation and implementation of the Construction and Demolition Waste Management Plan.
31. PRIOR TO TRACT MAP RECORDATION (ENGINEERING)
31.1. No Final Tract Map shall be recorded until all other related Planning cases are approved, unless otherwise approved by the City Engineer.
31.2. After approval of the vesting tentative map and prior to the expiration o f said map, the Applicant shall cause the real property included within the vesting tentative map exhibit, or any part thereof, to be surveyed ; and a Final Tract Map thereof shall be prepared in accordance to the City Engineer’s requirements, conditions of vesting tentative map approval, and in accordance with the provisions of the City of Jurupa Valley Municipal Code Chapter 7.20. All processing shall be through the City of Jurupa Valley.
31.3. Beach Street, along the project frontage , was previously dedicated and accepted per TR36822 as a public road with an ultimate right-of-way width of 98-ft. Applicant shall be responsible for landscape improvements within the easterly parkway of Beach Street.
31.4. Rancho Jurupa Drive , along the project frontage, was previously dedicated and accepted per TR36822 as a public road with an ultimate right -of-way width of 56 -ft. Applicant shall be responsible for landscape improvements within the northerly parkway of Rancho Jurupa Drive.
31.5. Persano Street, along the project frontage , is a local road with an ultimate right-of-way width of 56 -ft. Applicant shall be responsible for landscape improvements within the westerly parkway of Persano Street.
PARADISE KNOLLS PLANNING AREA 2 – LOT 9 (MA22118) REVISED: OCTOBER 20, 2022 CONDITIONS OF APPROVAL (VTTM38258)
31.6. Internal private street “A” to the subdivision shall be designed a nd improved to full width within the private dedicated right -of-way as shown on the referenced exhibit. Applicant shall dedicate public use easements for public utilities and drainage purpose s together with the right of ingress and egress for emergency vehicles.
Improvement Plans
31.7. The Applicant shall provide improvement plans for all onsite and offsite improvements including, but not limited to, street improvements, striping and pavement markings, streetlights, landscape and irrigation system , water system, and sanitary sewer system. All plans shall be prepared in accordance with the Riverside County Transportation Department “Improvement Plan Check Policies and Guidelines” as adopted by the City Engineer. All improvements plans shall be processed through th e City for approval of the City Engineer.
31.8. Rancho Jurupa Drive
31.8.1. Applicant shall coordinate with PA5 for the ultimate location of the open space trail south of Rancho Jurupa Drive as identified in the Paradise Knolls Specific Plan. Final improvement plans sh all reference the ultimate location of the open space trail as applicable.
31.8.2. Applicant shall coordinate with the property owner(s) of Lot 7 of TR36822 for the design and construction of the interim infiltration basin as shown on the WQMP Exhibit.
31.9. Intersection of Beach Street (NS) and Limonite Avenue (EW)
31.9.1. Applicant shall pay a fair share contribution for the new traffic signal as determined by the City Engineer.
31.10. Intersection of Persano Street (NS) and “A” Street (EW)
31.10.1. Modify geometries to provide:
Northbound: One shared through/left-turn lane.
Southbound: One shared through/right-turn lane.
Eastbound: One shared left-turn/right-turn lane.
Westbound: N/A.
31.10.2. Prior to approval of the landscape plans and the issuance of the fence permit, the line of sight shall be shown at the intersection to demonstrate conformance with section 405.1 of the Highway Design Manual.
PARADISE KNOLLS PLANNING AREA 2 – LOT 9 (MA22118) REVISED: OCTOBER 20, 2022 CONDITIONS OF APPROVAL (VTTM38258)
31.10.3. The construction of ADA compliant depressed curbs shall be required at the intersection.
31.10.4. The Applicant shall be responsible for repairing any da mages sustained to the existing infrastructure along Persano Street and for any utility relocations required to accommodate the minor driveway approach. Repairs shall be completed to the satisfaction of the City Engineer.
31.11. Intersection of Persano Street (NS) and Rancho Jurupa Drive (EW)
31.11.1. Property line corner cut-back dedication at the northwest corner of the intersection shall be per Riverside County Standard No. 805.
31.12. Intersection of Beach Street (NS) and Rancho Jurupa Drive (EW)
31.12.1. Applicant shall coordinate wi th the property owner(s) of Lot 7 of TR36822 for the ultimate design and location of a one -lane mini roundabout intersection. The ultimate design shall be shown on the final improvement plans as applicable.
31.13. Street “A” (Private)
31.13.1. Street “A” internal to the subdivision shall be designated on the Final Tract Map as a lettered lot. Road cross -section, intersection design, and included improvements shall be as approved by the City Engineer.
31.13.2. The private courts connecting to Street “A” as shown in the referenced exhibit shall have a minimum curb return radius of 5-ft, unless otherwise approved by the City Engineer.
31.13.3. Parking shall be restricted to the northerly side of the street.
Applicant shall coordinate with Burrtec for additional restrictions on the number of parking spaces permitted.
31.13.4. New streetlights shall be required on Street “A .” The Applicant shall cause streetlight plans to be prepared and submitted for review and approval of the City Engineer.
31.14. All improvements shall provide appropriate transition to adjacent existing and future infrastructure; design of transition shall be reviewed and approved by the City Engineer.
31.15. All existing subgrades and pavements excavated or damaged at time of installation of improvements shall be restored to the satisfaction o f the City Engineer.
PARADISE KNOLLS PLANNING AREA 2 – LOT 9 (MA22118) REVISED: OCTOBER 20, 2022 CONDITIONS OF APPROVAL (VTTM38258)
L&LMD, CFD, and Special Districts
31.16. Prior to final map recordation, Applicant shall annex into the CFD No.2019 - 001 Paradise Knolls for operation and maintenance purposes of various improvements in the public right -of-way, as approved b y the City Engineer.
The annexation to the CFD shall be in a manner to be approved by the City Engineer and City Attorney.
31.17. Prior to final map recordation, Applicant shall annex into the CFDPS No.2021- 001 for City Public Safety Services. The agreement to annex to a CFD for Public Safety Services shall be in a manner to be approved by the City Engineer and City Attorney. Participation in a CFD is intended to fully mitigate the incremental impact of new development on City public safety costs and maintain suc h levels of service at the standards established in the City’s General Plan.
31.18. Should this project be within any assessment/benefit district, the Applicant shall make application for and pay any reapportionment of the assessments or pay the unit fees in the assessment/benefit district.
Utilities
31.19. Separate sanitary sewer and domestic water system improvement plans shall be prepared for required improvements for approval of the Jurupa Community Services District (JCSD) and concurrence of the City Engineer. Water system improvement plans showing the locations of fire hydrants (see County Standard 400) offsite and onsite must also be approved by Riverside County Fire Department. Necessary easements for sewer and water systems onsite, as determined by JCSD, shall b e shown on the Final Tract Map “to be dedicated by separate instrument”.
31.20. Electrical power, telephone, communication, street lighting, and cable television lines shall be designed to be placed underground in accordance with City of Jurupa Valley Municipal Code Title 7. The Applicant is responsible for coordinating the work with the serving utility company. A disposition note describing the above shall be reflected on design improvement plans whenever those plans are required. Written proof confirming initia tion of the design and/or application or the relocation, issued by the utility company, shall be submitted to the Engineering Department for verification purposes.
32. PRIOR TO ISSUANCE OF BUILDING PERMIT (ENGINEERING)
32.1. All grading and construction of infrastru cture improvements within the public and private right -of-way in accordance with the approved plans, the City of Jurupa Valley Municipal Code Chapter 8.70, and all other applicable requirements, shall be completed to the satisfaction of the City Engineer.
32.2. The Project geotechnical/soils engineer shall provide a Final Grading Certification, certifying to the completion of the grading in conformance with the approved grading plans, the recommendation s of the Geotechnical/Soils report approved for this project and the California Building Code.
PARADISE KNOLLS PLANNING AREA 2 – LOT 9 (MA22118) REVISED: OCTOBER 20, 2022 CONDITIONS OF APPROVAL (VTTM38258)
32.3. A licensed land surveyor or civil engineer shall certify to the completion of grading in conformance with the lines and grades shown on the approved grading plans.
32.4. The Project Civil Engineer shall provide Record ("As-built") Drawings of grading and all infrastructure improvements.
32.5. Improvement plans shall be approved by the City Engineer, a site specific improvement agreement shall be signed by the City, and financial securities shall be in place prior to permit issuance.
32.6. The Applicant shall submit cost estimates for the fair share improvements referenced in these conditions of approval for review and approval of the City Engineer.
32.7. The Applicant is responsible for completing construction of all post - construction water quality Best Management Practices (BMP s) facilities and features. These facilities and features shall be operated and maintained under the City’s CFD.
32.8. All utility extensions within the site shall be placed underground unless otherwise specified or allowed by these conditions of approval.
32.8.1. Utility extensions from the mainline or other points of connection within the public right-of-way require that the Applicant obtain an Encroachment Permit from the Engineering Department. The City shall make a final i nspection of work to verify that any impacts that the work might have had to other City owned infrastructure is restored or repaired to the satisfaction of the City Engineer.
33. PRIOR TO BUILDING PERMIT FINAL INSPECTION/CERTIFICATE OF
OCCUPANCY (ENGINEERING)
33.1. The Applicant is responsible for the completion of all grading within the corresponding parcel for which occupancy is requested.
33.2. Prior to the first certificate of occupancy, all improvements within the public and private right-of-way shall be completed and accepted by the City.
33.3. Prior to completion and acceptance of improvements or prior to the final building inspection, whichever occurs f irst and as determined by the City Engineer, assurance of maintenance is required by the completion of annexation into the CFD No.2019-001 Paradise Knolls for all applicable improvements specified in these conditions of approval.
33.4. Prior to the first certificate of occupancy, Applicant shall complete the annexation into the CFDPS No.2021-002 for public safety.
33.5. All fair sha re payments for improvements specified in these conditions of approval shall be paid to the City.
PARADISE KNOLLS PLANNING AREA 2 – LOT 9 (MA22118) REVISED: OCTOBER 20, 2022 CONDITIONS OF APPROVAL (VTTM38258)
33.6. Prior to the first certificate of occupancy, Applicant shall e nsure that all streetlights within the public right of way, required from this project, are energized.
33.7. Prior to the first certificate of occupancy, Applicant shall obtain acceptance of applicable improvements by JCSD. Written proof shall be provided to the Engineering Department.
33.8. All applicable mitigation measures contained in the environmental documentation and Mitigation Monitoring and Reporting Program prepared for Paradise Knolls as it pertains to the project site shall be satisfied.
33.9. The Applicant shall comply with the provisions of Chapter 3.75. – Development Impact Fee of the City of Jurupa Va lley Municipal Code, as amended, which requires the payment of the appropriate fee set forth in the Ordinance in accordance with the fee schedule in effect at the time of the final inspection.
The Applicant hereby agrees that these Conditions of Approval are valid, lawful, and binding on the Applicant, and its successors and assigns, and agrees to the Conditions of Approval.
Applicant’s name (Print Form): _
Applicant’s name (Signature):
Date:
ATTACHMENT 2: PROJECT PLANS
Plan 1Plan 3 Plan 2Plan 1Plan 3x Plan 2Plan 3x Plan 1Plan 3 Plan 2Plan 1Plan 2Plan 1Plan 3 Plan 2Plan 3 Plan 2Plan 1Plan 3 Plan 2Plan 1Plan 1Plan 3 Plan 2Plan 1Plan 1Plan 3 Plan 2Plan 3 Plan 242'-0"32'-0"10'-0"5'-0"15'-0"15'-0"24'-0"5'-0"10'-0"6'-0"15'-0"15'-0"15'-0"6'-0"8'-10"10'-0"10'-0"10'-0"10'-0"10'-0"6'-0"6'-3"6'-0"7'-0"6'-0" 6'-0"5'-0"5'-0"8'-10"9'-10"2'24'-0"24'-0"15'-0"15'-0"10'-0"10'-0"10'-0"6'-0"10'-0"10'-0"10'-0"10'-0"10'-0"6'-0"15'-0"15'-0"15'-0"10'-0"10'-0"6'-0" 10'-0"10'-0"2'2'2'2'2'2'2'2'2'2'2'2'2'Plan 2Plan 2Plan 1Plan 2Plan 2Plan 1Plan 2Plan 1Plan 3 Plan 3 Plan 3 Plan 3 Plan 3x Plan 1Plan 1Plan 3 Plan 2Plan 3 Plan 2Plan 1Plan 1Plan 2Plan 3 Plan 2Plan 3 Plan 1Plan 2Plan 3x 6'-3"3"3"Plan 1Plan 10 2 4 8A2.0PLAN 1 ELEVATIONSArchitecture + Planning888.456.5849ktgy.comSCHEMATIC DESIGNSEPTEMBER 15, 2022JURUPA, CA # 20200770PARADISE KNOLLS PA2 - SFD CLUSTERCentury Communities4695 MacArthur Court, Suite 300Newport Beach, CA 92660, ---- ---- REAR ELEVATION8'-1"9'-1"F.FT.O.PF.FRIGHT ELEVATIONLEFT ELEVATION FRONT ELEVATIONROOF PLAN 1/8"=1'-0"AMERICAN FARMHOUSE4:124:128:128:12RIDGEVALLEYVALLEYRIDGE8:128:12RIDGE8:128:12RIDGE MATERIAL LEGEND1. Concrete TileRoofing2. Stucco3. Horizontal Siding4. Sectional GarageDoor5. Light Fixture6. Vinyl Windows7. Trim 0 2 4 8A2.0PLAN 1 ELEVATIONSArchitecture + Planning888.456.5849ktgy.comSCHEMATIC DESIGNOCTOBER 5, 2022JURUPA, CA # 20200770PARADISE KNOLLS PA2 - SFD CLUSTERCentury Communities4695 MacArthur Court, Suite 300Newport Beach, CA 92660, ---- ---- REAR ELEVATION8'-1"9'-1"F.FT.O.PF.FRIGHT ELEVATIONLEFT ELEVATION FRONT ELEVATIONMATERIAL LEGEND1. Concrete TileRoofing2. Stucco3. Board and BattenSiding4. Sectional GarageDoor5. Light Fixture6. Vinyl Windows7. Stone Veneer8. Trim ROOF PLAN 1/8"=1'-0"CALIFORNIA RANCH4:124:124:124:12RIDGE4:124:12RIDGEVALLEYVALLEY4:124:12RIDGEVALLEY4:124:12RIDGE4:12RIDGE0 2 4 8A2.1PLAN 1 ELEVATIONSArchitecture + Planning888.456.5849ktgy.comSCHEMATIC DESIGNOCTOBER 5, 2022JURUPA, CA # 20200770PARADISE KNOLLS PA2 - SFD CLUSTERCentury Communities4695 MacArthur Court, Suite 300Newport Beach, CA 92660, ---- ---- REAR ELEVATION8'-1"9'-1"F.FT.O.PF.FRIGHT ELEVATIONLEFT ELEVATION FRONT ELEVATIONROOF PLAN 1/8"=1'-0"PRAIRIE MATERIAL LEGEND1. Concrete TileRoofing2. Stucco3. Horizontal Siding4. Sectional GarageDoor5. Light Fixture6. Vinyl Windows7. Stone Veneer8. TrimRIDGERIDGEHIPHIPHIPVALLEYHIPVALLEYHIPHIPHIPVALLEYHIPHIPHIPHIPVALLEYVALLEYHIPHIP3:123:123:123:123:123:123:123:123:123:123:123:120 2 4 8A2.2PLAN 1 ELEVATIONSArchitecture + Planning888.456.5849ktgy.comSCHEMATIC DESIGNOCTOBER 5, 2022JURUPA, CA # 20200770PARADISE KNOLLS PA2 - SFD CLUSTERCentury Communities4695 MacArthur Court, Suite 300Newport Beach, CA 92660, ---- ---- REAR ELEVATION8'-1"9'-1"F.FT.O.PF.FRIGHT ELEVATIONLEFT ELEVATIONFRONT ELEVATIONROOF PLAN 1/8"=1'-0"AMERICAN FARMHOUSE MATERIAL LEGEND1. Concrete TileRoofing2. Stucco3. Horizontal Siding4. Sectional GarageDoor5. Light Fixture6. Vinyl Windows7. Trim 4:12RIDGERIDGE8:128:128:128:120 2 4 8A2.3PLAN 2 ELEVATIONSArchitecture + Planning888.456.5849ktgy.comSCHEMATIC DESIGNOCTOBER 5, 2022JURUPA, CA # 20200770PARADISE KNOLLS PA2 - SFD CLUSTERCentury Communities4695 MacArthur Court, Suite 300Newport Beach, CA 92660, ---- ---- REAR ELEVATION8'-1"9'-1"F.FT.O.PF.FRIGHT ELEVATIONLEFT ELEVATION FRONT ELEVATIONMATERIAL LEGEND1. Concrete TileRoofing2. Stucco3. Board and BattenSiding4. Sectional GarageDoor5. Light Fixture6. Vinyl Windows7. Stone Veneer8. Trim ROOF PLAN 1/8"=1'-0"CALIFORNIA RANCH4:12RIDGERIDGE4:124:124:124:120 2 4 8A2.4PLAN 2 ELEVATIONSArchitecture + Planning888.456.5849ktgy.comSCHEMATIC DESIGNOCTOBER 5, 2022JURUPA, CA # 20200770PARADISE KNOLLS PA2 - SFD CLUSTERCentury Communities4695 MacArthur Court, Suite 300Newport Beach, CA 92660, ---- ---- REAR ELEVATION8'-1"9'-1"F.FT.O.PF.FRIGHT ELEVATIONLEFT ELEVATIONFRONT ELEVATIONMATERIAL LEGEND1. Concrete TileRoofing2. Stucco3. Horizontal Siding4. Sectional GarageDoor5. Light Fixture6. Vinyl Windows7. Trim ROOF PLAN 1/8"=1'-0"AMERICAN FARMHOUSERIDGE8:12RIDGE8:128:12RIDGE8:128:124:12RIDGEVALLEYVALLEYVALLEYVALLEY8:128:128:120 2 4 8A2.5PLAN 3 ELEVATIONSArchitecture + Planning888.456.5849ktgy.comSCHEMATIC DESIGNOCTOBER 5, 2022JURUPA, CA # 20200770PARADISE KNOLLS PA2 - SFD CLUSTERCentury Communities4695 MacArthur Court, Suite 300Newport Beach, CA 92660, ---- ---- REAR ELEVATION8'-1"9'-1"F.FT.O.PF.FRIGHT ELEVATIONLEFT ELEVATION FRONT ELEVATIONROOF PLAN 1/8"=1'-0"PRAIRIE MATERIAL LEGEND1. Concrete TileRoofing2. Stucco3. Horizontal Siding4. Sectional GarageDoor5. Light Fixture6. Vinyl Windows7. Stone Veneer8. Trim 4:123:123:123:123:123:123:123:12RIDGERIDGEHIPHIPHIPHIPHIPHIPHIPHIPVALLEYVALLEYHIPHIP4:120 2 4 8A2.6PLAN 3 ELEVATIONSArchitecture + Planning888.456.5849ktgy.comSCHEMATIC DESIGNOCTOBER 5, 2022JURUPA, CA # 20200770PARADISE KNOLLS PA2 - SFD CLUSTERCentury Communities4695 MacArthur Court, Suite 300Newport Beach, CA 92660, ---- ---- REAR ELEVATION8'-1"9'-1"F.FT.O.PF.FRIGHT ELEVATIONLEFT ELEVATIONFRONT ELEVATIONMATERIAL LEGEND1. Concrete TileRoofing2. Stucco3. Horizontal Siding4. Sectional GarageDoor5. Light Fixture6. Vinyl Windows7. Trim ROOF PLAN 1/8"=1'-0"AMERICAN FARMHOUSERIDGE8:12RIDGE8:128:12RIDGE8:128:124:12RIDGEVALLEYVALLEYVALLEYVALLEY8:128:128:120 2 4 8A2.7PLAN 3X ELEVATIONArchitecture + Planning888.456.5849ktgy.comSCHEMATIC DESIGNOCTOBER 5, 2022JURUPA, CA # 20200770PARADISE KNOLLS PA2 - SFD CLUSTERCentury Communities4695 MacArthur Court, Suite 300Newport Beach, CA 92660, ---- ---- REAR ELEVATION8'-1"9'-1"F.FT.O.PF.FRIGHT ELEVATIONLEFT ELEVATION FRONT ELEVATIONROOF PLAN 1/8"=1'-0"PRAIRIE MATERIAL LEGEND1. Concrete TileRoofing2. Stucco3. Horizontal Siding4. Sectional GarageDoor5. Light Fixture6. Vinyl Windows7. Stone Veneer8. Trim 4:123:123:123:123:123:123:123:12RIDGEHIPHIPHIPHIPHIPHIPHIPHIPVALLEYVALLEYHIPHIP4:12RIDGEHIPRIDGEVALLEY3:123:12A2.8PLAN 3X ELEVATIONArchitecture + Planning888.456.5849ktgy.comSCHEMATIC DESIGNOCTOBER 5, 2022JURUPA, CA # 20200770PARADISE KNOLLS PA2 - SFD CLUSTERCentury Communities4695 MacArthur Court, Suite 300Newport Beach, CA 92660, ---- ----0 2 4 8 0 2 4 8A4.0STREET SCENESTREET SCENE 1Architecture + Planning888.456.5849ktgy.comSCHEMATIC DESIGNOCTOBER 5, 2022JURUPA, CA # 20200770PARADISE KNOLLS PA2 - SFD CLUSTERCentury Communities4695 MacArthur Court, Suite 300Newport Beach, CA 92660, ---- ---- 0 2 4 8A4.1STREET SCENESTREET SCENE 2Architecture + Planning888.456.5849ktgy.comSCHEMATIC DESIGNOCTOBER 5, 2022JURUPA, CA # 20200770PARADISE KNOLLS PA2 - SFD CLUSTERCentury Communities4695 MacArthur Court, Suite 300Newport Beach, CA 92660, ---- ---- NTSA4.2STREET SCENECLUSTER CONFIGURATIONArchitecture + Planning888.456.5849ktgy.comSCHEMATIC DESIGNOCTOBER 5, 2022JURUPA, CA # 20200770PARADISE KNOLLS PA2 - SFD CLUSTERCentury Communities4695 MacArthur Court, Suite 300Newport Beach, CA 92660, ---- ---- NTSA4.3PERSPECTIVECLUSTER CONFIGURATIONArchitecture + Planning888.456.5849ktgy.comSCHEMATIC DESIGNOCTOBER 5, 2022JURUPA, CA # 20200770PARADISE KNOLLS PA2 - SFD CLUSTERCentury Communities4695 MacArthur Court, Suite 300Newport Beach, CA 92660, ---- ---- 46'-6"24'-8"
FIRST FLOOREntryGreatRoom15'-11"x25'-2"Garage20'-2"x20'-4"CoatKitchenPorch4'-6"x18'-3"67 SQ. FT.Pwdr.Pan.Yard20'-2"x16'-2"UpW.H.4'-6" 47'-6"26'-6"
SECOND FLOORPrimaryBedroom15'-11"x14'-1"PrimaryBathDeskLinenLau.W.I.C.18'-7"L.F.Bath 2Bed 210'-11"x11'-3"Bed 311'-0"x11'-2"Dn.LinenW.I.C.PLAN 1 ( 3 BED / 2.5 BATH ) - GROSSFIRST FLOOR624 SQ. FT.SECOND FLOOR1012 SQ. FT.TOTAL1,636 SQ. FT.PLAN 1 ( 3 BED / 2.5 BATH ) - NETFIRST FLOOR597 SQ. FT.SECOND FLOOR975 SQ. FT.TOTAL1,572 SQ. FT.0 2 4 8A5.0PLAN 1 FLOOR PLANArchitecture + Planning888.456.5849ktgy.comSCHEMATIC DESIGNOCTOBER 5, 2022JURUPA, CA # 20200770PARADISE KNOLLS PA2 - SFD CLUSTERCentury Communities4695 MacArthur Court, Suite 300Newport Beach, CA 92660, ---- ---- FIRST FLOOREntry28'-10"GreatRoom15'-1"x15'-1"Garage20'-2"x20'-3"KitchenPorch8'-1"x5'-6"44 SQ. FT.Pwdr.Pan.Up46'-6"CoatYard23'-2"x15'-4"W.H.Dining10'-7"x16'-2"SECOND FLOOR PrimaryBedroom15'-1"x12'-10"28'-10"PrimaryBathW.I.C.19'-5"L.F.Bath 2Bed 411'-1"x10'-8"Bed 311'-6"x10'-8"Dn.46'-6"Loft6'-9"x14'-2"RoofBelowLinenLau.W.I.C.Bed 210'-6"x10'-8"PLAN 2 ( 4 BED / 2.5 BATH ) - GROSSFIRST FLOOR735 SQ. FT.SECOND FLOOR1184 SQ. FT.TOTAL1,918 SQ. FT.PLAN 2 ( 4 BED / 2.5 BATH ) - NETFIRST FLOOR694 SQ. FT.SECOND FLOOR1142 SQ. FT.TOTAL1,836 SQ. FT.0 2 4 8A5.1PLAN 2 FLOOR PLANArchitecture + Planning888.456.5849ktgy.comSCHEMATIC DESIGNOCTOBER 5, 2022JURUPA, CA # 20200770PARADISE KNOLLS PA2 - SFD CLUSTERCentury Communities4695 MacArthur Court, Suite 300Newport Beach, CA 92660, ---- ---- Entry
29'-4"GreatRoom19'-8"x17'-2"Garage20'-2"x20'-4"CoatKitchenPwdr.PantryUp46'-6"FIRST FLOOR DiningRoom16'-1"x10'-9"W.H.Yard18'-8"x14'-4"PrimaryBedroom16'-1"x13'-2"45'-6"PrimaryBathLinenLau.Bed 211'-3"x10'-10"Bed 311'-1"x10'-8"W.I.C.17'-11"L.F.Bath 2Dn.29'-4"Loft/Bed 412'-4"x11'-3"SECOND FLOORPLAN 3 ( 4 BED / 2.5 BATH ) - GROSSFIRST FLOOR809 SQ. FT.SECOND FLOOR1171 SQ. FT.TOTAL1,980 SQ. FT.PLAN 3 ( 4 BED / 2.5 BATH ) - NETFIRST FLOOR764 SQ. FT.SECOND FLOOR1133 SQ. FT.TOTAL1,896 SQ. FT.0 2 4 8A5.2PLAN 3 FLOOR PLANArchitecture + Planning888.456.5849ktgy.comSCHEMATIC DESIGNOCTOBER 5, 2022JURUPA, CA # 20200770PARADISE KNOLLS PA2 - SFD CLUSTERCentury Communities4695 MacArthur Court, Suite 300Newport Beach, CA 92660, ---- ---- Entry
29'-4"GreatRoom12'-9"x15'-3"Garage20'-2"x20'-4"CoatKitchenPwdr.PantryUp45'-6"FIRST FLOORDiningRoom11'-0"x13'-2"W.H.YardVariesPrimaryBedroom12'-9"x14'-0"44'-6"PrimaryBathLinenLau.Bed 211'-3"x10'-10"Bed 311'-1"x11'-0"W.I.C.21'-7"L.F.Bath 2Dn.29'-4"Loft9'-9"x6'-6"SECOND FLOORPLAN 3x ( 3 BED / 2.5 BATH ) - GROSSFIRST FLOOR679 SQ. FT.SECOND FLOOR1023 SQ. FT.TOTAL1,702 SQ. FT.PLAN 3x ( 3 BED / 2.5 BATH ) - NETFIRST FLOOR635 SQ. FT.SECOND FLOOR985 SQ. FT.TOTAL1,620 SQ. FT.0 2 4 8A5.3PLAN 3X FLOOR PLANArchitecture + Planning888.456.5849ktgy.comSCHEMATIC DESIGNOCTOBER 5, 2022JURUPA, CA # 20200770PARADISE KNOLLS PA2 - SFD CLUSTERCentury Communities4695 MacArthur Court, Suite 300Newport Beach, CA 92660, ---- ----
2'-6" MAXRET.6'-0" MIN6'-0" HIGH PERIMETER WALL
1'-6" MAXRET.6'-0" HIGH PERIMETER WALL
1'-8" MAXRET.6'-0" HIGH PERIMETER WALL6'-0" HIGH PERIMETER WALL6'-6" MAXRET.
5'-0" MINIMUM/6'-0" MAX6'-0" MAX.
6'-0" MAX.
6'-0"6'-0"PERCIVIL
6'-0" MIN.7'-0" MAX.
Page | 1
STAFF REPORT
DATE: JANUARY 19, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS
SUBJECT: AGENDA ITEM NO. 16.B
PUBLIC HEARING TO CO NSIDER CALLING A SPE CIAL ELECTION; DECLARING THE RESULT S OF THE ELECTION; A ND APPROVING
FORMATION AND LEVY OF SPECIAL TAXES FOR CITY OF JURUPA
VALLEY COMMUNITY FAC ILITIES DISTRICT NO. 2021-001
(GOLDENWEST) GENERALLY LOCATED AT THE WEST OF OPAL
STREET AND NORTH OF 45TH STREET, TRACT NO. 36827
RECOMMENDATION:
1) That the City Council open the public hearing and take testimony, if any. 2) Following the public hearing, staff recommends that the City Council adopt Resolution No. 2023-04, entitled:
A RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, CALIFORNIA, TO ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. 202 1-001 (GOLDENWEST), TO
ESTABLISH AN APPROPRIATIONS LIMIT THEREFORE, TO AUTHORIZE
THE LEVY OF A SPECIAL TAX THEREIN, AND TO SUBMIT THE
ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AND THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS THEREOF; AND
3) That the City Council adopt Resolution No. 2023-10, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY,
CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE
QUALIFIED ELECTORS OF CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTRICT NO. 202 1-001 (GOLDENWEST) PROPOSITIONS
REGARDING THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AND
THE ANNUAL LEVY OF A SPECIAL TAX WITHIN THE COMMUNITY
FACILITIES DISTRICT; AND
RETURN TO AGENDA
Page | 2
4) That the City Council adopt Resolution No. 2023-11, entitled:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY ,
CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. 2021- 001 (GOLDENWEST) AND DIRECTING THE RECORDING OF A NOTICE OF SPECIAL TAX LIEN; AND
5) That the City Council conduct a first reading and introduce Ordinance No. 2023- 03, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. 202 1-001 (GOLDENWEST) AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN
BACKGROUND
The State legislature enacted the Mello -Roos Act of 1982 (the “Act”) to assist public agencies in financing certain public services. The developer, INVESTMENT CITY, LLC., requested that the City assist them in forming a district for the City to cover the costs associated with the maintenance of public improvements within the proposed district. The CFD boundary includes the area within the Golden West subdivision , TR 36827, containing thirteen (13) dwelling units.
The CFD will set up Special Tax A to cover the overall Specific Plan operation and maintenance of improvements. Details on Special Tax A assessment can be found on the Rate and Method of A pportionment, Attachment B of this report. Generally, t he costs involve services for:
Streetlights maintenance including energy charges, operation, maintenance, and administrative costs of streetlights located on Golden West Avenue, Ridgewood Drive, and Opal Street and identified on the City approved streetlight plans for the Golden West development.
The maintenance of landscape and all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, sidewalks, entry monuments, lights, electricity, and related repair, replacement and inspection on Golden West Avenue, Opal Street, Ridgewood Drive, and as identified on the City approved CFD Plans for the Golden West development and CFD maintenance exhibit.
The maintenance, administration and inspections of stormwater facilities and BMPs including open space area drains, catch basins, open space areas, and any other NPDES/WQMP/BMP related devices as identified on the CFD maintenance exhibit.
Litter and graffiti removal on soundwalls and other amenities, plus normal painting as requir ed within CFD boundaries on Golden West Avenue, Opal Street, Ridgewood Drive.
Page | 3
All other services necessary or useful for, or in connection with, the authorized services listed above, including, but not limited to, building a reserve fund for replacement.
Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS location recording, reporting by device, annual reporting, visual inspection for functionality, vegetation as designed, irrigation is complete and in working order, noting any of the following: any deficiencies, erosion, trash, silt, sediment, structural deficiencies.
Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected to not be deficient. Administration is inclusive of quality assurance and control of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services.
The development is proposed to include a total of 13 residential parcels. The CFD is comprised of approximately 2.508 taxable acres of land.
ANALYSIS
Approval of the attached Resolution is required under the Act to levy a special tax and fund certain services. The attached Resolution declares the City Council’s intention t o form the proposed CFD No. 2021-001 (Golden West) and to authorize the levy of a special tax in accordance with an attached Rate and Method of Apportionment of Special Tax .
The attached Resolution is the initial step for forming the CFD pursuant to the procedures prescribed by the Act, which include holding a public hearing and submitting the formation of the proposed CFD No. 2021-001 to the landowners at special election to be conducted by mailed ballot.
The proposed district will have a Maximum Speci al Tax in the amount of $1,650 per taxable unit per year. These rates will increase based on the percentage increase in the Consumer Price Index , for Riverside -San Bernardino -Ontario area, with a maximum annual increase of 6% and a minimum annual increase of 2% of the Maximum Special Tax in effect in the previous fiscal year. The owners have filed a petition representing their willingness to move forward.
A public hearing on this matter will take place on January 19, 2023, or as soon thereafter and at that time the Council will hear any testimony concerning the formation and take action to adopt the “Resolution of Formation.”
OTHER INFORMATION
The Mello-Roos Community Facilities Act of 1982 (the “Act”) authorizes the initiation of the establishment of community facilities districts upon receipt by the City of a petition requesting institution of proceedings by owners of not less than 10% of the area of land proposed to be included within the district. The City has received the signed petition from the landowner.
Page | 4
FINANCIAL IMPACT
The individual property owners are responsible for the annual payments of special taxes.
The City will work with the County concerning the filing of the annual special tax to the County Auditor-Controller.
The property owner posted a deposit with its application to form the CFD in order to cover City costs incurred in connection with the formation. Approval of this resolution does not in any way commit the City to any financial contribution or liability by the CFD. The City’s cost to administer the CFD annually will be reimbursed through the special taxes charged to property owners.
ALTERNATIVES
1. Take no action.
2. Provide staff with further direction.
**************************SIGNATURES ON FOLLOWING PAGE**************************
-1-
RESOLUTION NO. 2023-04
A RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE
CITY OF JURUPA VALLEY , CALIFORNIA, TO ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. 2021-001 (GOLDENWEST), TO ESTA BLISH AN APPROPRIATIONS LIMIT
THEREOF, TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN,
AND TO SUBMIT THE ESTABLISHMENT OF AN APPROPRIATIONS
LIMIT AND THE LEVY OF SPECIAL TAXES TO THE QUALIFIED
ELECTORS THEREOF
WHEREAS, on December 15, 2022 , the City Council adopted a resolution entitled “A Resolution of Intention of the City Council of the City of Jurupa Valley to Establish City of Jurupa Valley Community Facilities District No. 2021-005 (GOLDENWEST) and to authorize the Levy of a Special Tax within City of Jurupa Valley Community Facilities District No. 2021 -005 (GOLDENWEST)” (the “Resolution of Intention”), stating its intention to form Community Facilities District No. No. 2021 -005 (GOLDENWEST) (the “ CFD”), of the City pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the Califor nia Government Code (the “Act”) to finance certain services to serve the CFD (the “Services”);
WHEREAS, the Resolution of Intention, setting forth a description of the proposed boundaries of the CFD , Services to be financed by the CFD, including incidental expenses, and the rate and method of apportionment (the ‘”Rate and Method”) of the special tax (the “Special Tax”) to be levied within the CFD to pay for the S ervices, is on fi le with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein;
WHEREAS, the Resolution of Intention set January 19, 2023 at 7:00 p.m. , or as soon thereafter as practical, as the date for a public hearing on the establishment of the CFD, the extent of the CFD, the furnishing of the Services within the CFD, and the proposed Rate and Method;
WHEREAS, on this date, this Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the CFD;
WHEREAS, at the hearing all interested persons desiring to be heard for or against the establishment of the CFD, the extent of the CFD, the furnishing of the Services and the Rate and Method were heard and a full and fair hearing was held;
WHEREAS, at the hearing evidence was presented to this Council on such matters before it, including a special report (the “CFD Report”) as to the Services to be provided through the CFD and the costs thereo f, a copy of which is on file with the City Clerk, and this Council , at the conclusion of said hearing, is fully advised in the premises;
WHEREAS, written protests with respect to the formation of the CFD, the furnishing of specified types of services and the Rate and M ethod have not been filed with the City Clerk by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or -2-
property owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the proposed special taxes; and
WHEREAS, the Special T ax proposed to be levied in the CFD to pay for the proposed services has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or the owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the special taxes.
WHEREAS, City Staff reviewed the proposed CFD formation and determined that forming the CFD and financing the Services, as described in Section 7 of this Resolution, does not constitute a project for purposes of the California Environmental Quality Act, commencing with Section 21000 of the California Public Resources Code and the California Environmental Quality Act Guidelines, Article 5 of C hapter 3 of Division 6 of Title 14 of the California Code of Regulations, (collectively “CEQA”). CEQA Guidelines S ection 15378 specifically state that the term “project” for CEQA purposes does not include “continuing administrative or maintenance activities” or “t he creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.” (CEQA Guidelines §§ 15378 (b)( 2) and (b)(4).)
WHEREAS, the CFD is intended to fund the cost associated with providing law enforcement services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, supplies, (iii) the salaries and benefits of City staff that directly provide law enforcement services, (iv) City overhead costs associated with providing such services within the District, (v) all other services necessary or useful for, or in connection with, the authorized services listed above, in cluding building a reserve fund for replacement and maintenance and for anticipated operating cost shortfalls, and (vi) Incidental Expenses, which constitute administrative and maintenance functions of the City. Further, establishment of a revenue stream to fund ongoing services does not involve commitment to any specific project that would have a potentially significant impact on the environment because the funds would not be used to construct new or expand existing facilities.
WHEREAS, in addition to the foregoing, because the project is a financing mechanism to fund ongoing administrative and maintenance operations, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore is exempt from CEQA’s provisions. (CEQA Guidelines §15061(b)(3).)
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY HEREBY RESOLVES AS FOLLOWS:
1. Recitals Correct. The foregoing recitals are true and correct.
2. Public Hearing. On this date, pursuant to notice thereof duly given as provided by law, the City Council held a public hearing with respect to the establishment of the CFD and the annual levying of the Special Tax within the CFD to pay for the Services.
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3. No Majority Protest. The proposed Special Tax to be levied within the CFD has not been precluded by majority protest pursuant to section 53324 of the Act.
4. Prior Proceedings Valid. All prior proceedings taken by this City Council in connection with the establishment of the CFD and the levy of the Special T ax have been duly considered and are hereby found and determined to be valid and in conformity with the Act.
5. Name of the District. The community facilities district designated “City of Jurupa Valley Community Facilities District No. PS 2022-005 (PUBLIC SAFETY, GOLDENWEST)” of the City is hereby established pursuant to the Act.
6. Boundaries of the District. The Resolution of Intention provides the boundaries of the territory proposed for inclusion in the CFD, as set forth in the map of the CFD heretofore recorded in the Riverside County Recorder’s Office on ________, 2022, in Book ___ at Page ___ as Instrument No. 2022-__________ of Maps of Assessment and Community Facilities Districts.
7. Description of Services. The Services proposed to be financed by the CFD and pursuant to the Act shall consist of those items shown in Exhibit “A” hereto and by this reference incorporated herein.
8. Special Tax.
a. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a Special Tax sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all non -exempt real property in the CFD, is intended to b e levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as may be prescribed by this Council.
b. The proposed Rate and Method, in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, is shown in Exhibit “B” attached hereto and hereby incorporated herein.
9. Report. The CFD Report is hereby approved and is made a part of the record of the public hearing regarding the formation of the CFD, and is ordered to be kept on file with the City Clerk as part of the transcript of these proceedings.
10. Responsible Official. The Director of Administrative Services of the City of Jurupa Valley, located at City Hall, 8930 Limonite Ave, Jurupa Valley, CA 92509 , telephone number (951) 332-6464, is the officer of the City who will be responsible for preparing annually a current roll of the levy of the Special Tax obligations by assessor’s parcel number and who will be responsible for estimating future levies of the Special Tax.
11. Tax Lien. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property in the CFD and this lien shall continue in -4-
force and effect until the Special Tax obligation is prepaid and permanently satisfied an d the lien canceled in accordance with law or until collection of the Special Tax by the CFD ceases.
12. Description of Voting Procedures. The voting procedures to be followed in conducting the special election (the “Special Election”) on the proposition of the annual levy of the Special Tax and on the proposition to establish an appropriations limit for the CFD, if the CFD is established, shall be as follows:
a. If at least 12 persons have been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the public or protest hearing (the “protest hearing”), the vote in the Special Election shall be by the registered voters of the CFD with each voter having one vote. In that event, the Special Electio n shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the Act and pursuant to the provisions of the California Elections Code governing elections of cities, i nsofar as they may be applicable, and pursuant to said Section 53326 the b allots for the Special Election shall be distributed to the qualified electors of the CFD by mail with return postage prepaid or by personal service, and the Special Election shall be conducted as a mail ballot election.
b. If 12 persons have not been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the protest hearing, the vote in the Special Election is to be by the landowners of the CFD, with each landowner of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns within the CFD and the Special Election shall be conducted by the City Clerk pursuant Section 53326 of the Act as follows:
(i) The Special Election shall be held on the earliest date, following the adoption by the City Council of this Resolution and a resolution calling the Special Election, to submit to the qualified electors of the CFD the propositions with respect to: (i) the levy of Special T ax to finance the Services and (ii) the establishment of an appropriations limit for the CFD.
(ii) Pursuant to said Section 53326, the Special Election may be held earlier than 90 days following the close of the protest hearing if the qualified electors of the CFD waive the time limits for conducting the elections set forth in said Section 53326 by unanimous written consent and the Clerk concurs in such earlier election date as shall be consented to by the qualified electors.
(iii) Pursuant to said Section 53326, b allots for the Special Election shall be distributed to the qualified electors by the Clerk by mail with return postage prepaid, or by personal service.
(iv) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities , the City Clerk shall mail (or deliver) to each qualified elector an official ballot and shall also mail to all such qualified electors a ballot pa mphlet and instructions to voter, including a sample ballot -5-
identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this Resolution and the exhibits hereto; provided, however, that analysis and arguments regarding the ballot measure may be waived with the unanimous consent of all the landowners, and in such event a finding regarding such waivers shall be made in the resolution adopted by the City Council calling the Special Election.
(v) The official ballot to be mailed (or delivered ) by the Clerk to each landowner shall have printed or typed thereon the name of the landowner and the number of votes to be voted by the landowner 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 the certification is the person who voted the official ballot, and if the landowner is other than a natural person, that he or she is an officer of or other person affiliated with the landowner entitled to vote such offi cial ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner, that in voting such official ballot it was his or her intent, as well as the intent of the landowner, to vote all votes to which the landowner is entit led 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's land ownership within the CFD.
(vi) The return identification envelope delivered by the Clerk to each landowner 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 vot er 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 said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the Clerk.
(vii) The instruction to voter form to be mailed by the Clerk to the landowners shall inform them that the official ballots shall be returned to the 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 no later than 7:00 p.m. on the date of the Special Election, or immediately after the Resolution Calling the Special Election is adopted.
(viii) Upon receipt of the return identification envelopes, which are returned prior to the voting deadline on the date of the Special Election, the Clerk shall canvass the votes cast in the Special Election, and shall file a statement with the City Council as to the results of su ch canvass and the election on each proposition set forth in the official ballot.
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13. Exempt Property. Except as provided in Section 53340.1 of the Act and except for properties that a local agency is a landowner of within the meaning of subdivision (f) of Section 53317 of the Act, pursuant to Section 53340 of the Act, properties of entities of the state, federal and local governments shall be exempt from the levy of the Special Tax. Reference is hereby made to the Rate and Method for a description of other properties or entities that are expressly exempted from the levy of the Special Tax.
14. Appropriations Limit. An appropriations limit for the CFD is hereby established, subject to voter approval, as an amount equal to all the proceeds of the Speci al Tax collected annually within such CFD and as defined by Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in population.
15. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, the City Council hereby establishes the following accountability measures pertaining to the levy by the CFD of the Special Tax described in Section 8 above:
a. The Special Tax shall be levied for the specific purposes set forth in Section 7 hereof.
b. The proceeds of the levy of the Special Tax shall be applied only to the specific purposes set forth in Section 7 hereof.
c. The CFD shall establish an account or accounts into which the proceeds of such Special Tax shall be deposited.
d. The City Manager, or his or her designee, acting for and on behalf of the CFD, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3.
16. CEQA. The City Council hereby finds that the CFD formation involves creation of a funding mechanism for certain ongoing service and maintenance activities that do not have any potential for significantly impacting the environment. Further, the City Council hereby finds that it can be seen with certainty that the proposed financing mechanism and services funded thereby have no possibility of resulting in a significant effect on the environment. Therefore, the City Council, in its independent judgment, finds that the project is exempt from CEQA, and hereby directs City Staff to prepare and file a Notice of Exemption with the County Clerk within five days of adoption of this Resolution pursuant to Section 21152 of the California Public Resources Code and Section 15062 of the CEQA Guidelines.
17. Effective Date. This resolution shall take effect upon its adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 19th day of January, 2023.
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______________________________
Chris Barajas
Mayor
ATTEST:
_______________________________
Victoria Wasko, CMC
City Clerk
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF JURUPA VALLEY )
I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2023 -04, was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 19th day of January, 2023 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 19th day of January, 2023.
Victoria Wasko, City Clerk
City of Jurupa Valley
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EXHIBIT A
CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. 2021-001
(GOLDENWEST)
DESCRIPTION OF SERVICES
Authorized Services shall be the following:
Streetlights maintenance including energy charges, operation, maintenance, and administrative costs of streetlights located within the subdivision known as Goldenwest, TR 36827.
The maintenance of landscape and all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, sidewalks, monuments, lights, electricity, and related repair, replacement and inspection; as identified on the City approved CFD Landscape Street Improvement Plans for Goldenwest, TR 36827.
The maintenance, administration and inspections of stormwater facilities and BMPs including open space area drains, catch basins, open space areas, and any other NPDES/WQMP/BMP related devices.
Litter and graffiti removal on soundwalls and other amenities, plus normal painting as required within CFD boundaries.
All other services necessary or useful for, or in connection with, the authorized services listed above, including, but not limited to, building a reserve fund for replacement.
Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS location recording, reporting by device, annual reporting, visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following: any deficiencies, erosion, trash, silt, sediment, structural deficiencies. Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected to not be deficient. Administration is inclusive of quality assurance and control of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services B-1
EXHIBIT B
CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2022-005
(PUBLIC SAFETY, GOLDENWEST)
RATE AND METHOD OF APPORTIONMENT
[please see attached]
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2021-001 (GOLDENWEST)
OF THE CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
A Special Tax (all capitalized terms are defined in Section A., “Definitio ns, below) shall be applicable to each Parcel of Taxable Property located within the boundaries of Community Facilities District No. 2021-001 (GOLDENWEST). The amount of Special Tax to be levied on a Parcel in each Fiscal Year, commencing in Fiscal Year 2023- 2024, shall be determined by the City Council of the City of Jurupa Valley, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax as set forth in Sections B., C., and D., below. All of the real property with in the CFD, unless exempted by law or by the provisions of Section E. below, 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 a Parcel as indicated on the most recent Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area shown on the applicable Final Map, condominium plan, or other recorded County map or the la nd area calculated to the reasonable satisfaction of the Administrator using the boundaries set forth on such map or plan. The square footage of a Parcel is equal to the Acreage of such Parcel multiplied by 43,560.
“Act means the Mello -Roos Community F acilities 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.
“Administrative Expenses means all actual or reasonably estimated costs and expenses of the CFD that are chargeabl e or allocable to carry out its duties as the Administrator of the CFD as allowed by the Act, which shall include without limitation, all costs and expenses arising out of or resulting from the annual levy and collection of the Special Tax (whether by the City or designee thereof or both), any litigation or appeal involving the CFD, and other administrative expenses of the City or designee thereof, or both, directly related to the CFD. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD for attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure as a result of delinquent Special Taxes.
“Administrator means an official of the City, or designee thereof, responsible for determining the annual amount of the levy and collection of the Special Taxes.
“Approved Property means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a Building Permit prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Assessor means the Assessor of the County.
“Assessor’s Parcel Map means an offic ial map of the Assessor of the County designating Parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number means the number assigned to a lot or Parcel for purposes of identification as determined from an Assessor Parcel Map or the applicable assessment roll.
“Base Year means the Fiscal Year ending June 30, 2024.
“Boundary Map means a recorded map of the CFD which indicates by a boundary line the extent of the territory identified to be subject to the levy of Special Taxes.
"Building Permi t" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, "Building Permit" shall not include any subsequent Building Permits issued or changed after the first issuance.
“CFD means Community Facilities District No. 2021-001 (GOLDENWEST) of the City of Jurupa Valley.
“City means the City of Jurupa Valley, California
“Consumer Price Index means the Consumer Price Index published by the U.S.
Bureau of Labor Statistic f or “All Urban Consumers in the Riverside-San Bernardino- Ontario Area, measured as of the month of April in the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the Administrator that is reasonably comparable to the Consumer Price Index for the Riverside-San Bernardino -Ontario Area.
“Council means the City Council of the City acting as the legislative body of the CFD.
“County means the County of Riverside, California.
“Developed Property means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to January 1 st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) for w hich a Building Permit for new construction has been issued prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Dwelling Unit or “(D/U) means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator.
“Exempt Property means any Parcel which is exempt from Special Taxes pursuant to Section E., below.
“Final Map means a subdivision of property by recordation of a n Assessor’s 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 1352 that creates individual lots for which Building Permits may be issued without further subdivision.
“Fiscal Year means the 12-month period starting on July 1 of any calendar year and ending the following June 30.
“Land Use Class means any of the classes listed in Table 1 of Section C. below.
“Maximum Special Tax means for each Parcel in each Fiscal Year, the greatest amount of Special Tax, determined in accordance with Section C., below, which may be levied on such Parcel in such Fiscal Year.
“Multifamily Residential Property means all Parcels of Developed Property that consists of a building or buildings comprised of attached Dwelling Units available for rental by the general public, not for sale to an end user, and under common management.
“Non-Residential Property means all Parcels of Developed Property for which a Building Permit was issued, permitting the construction of one or more non -residential structures.
“Parcel(s) means a lot or parcel within the CFD shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number valid as of July 1 st for the Fiscal Year for which the Special Tax is being levied.
“Property Owner’s Association Property means all Parcels which have been conveyed, dedicated to, or irrevocably offered for dedication to a property owner association, including any master or sub -association, prior to April 1 st preceding the Fiscal Year in which the Special Tax is being levied.
“Proportionately means for Parcels of Taxable Property that are (i) Developed Property, that the ratio of the actual Special Tax levy to Maximum Special Ta x is the same for all Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property, and (iii) Undeveloped Property, Public Property or Property Owner’s Association Property, that the ratios of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Parcels of Undeveloped Property, Public Property and Property Owner’s Association Property.
“Public Property means all Parcels which, as of April 1 st preceding the Fiscal Year in which the Special Tax is being levied, are (i) used for rights-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State, the County, City or any other public agency, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use; or
(ii) encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
“Residential Property means all Parcels of Developed Property for which a Building Permit has been issued permitting t he construction of one or more residential Dwelling Units.
“Single Family Property means all Parcels of Residential Property, other than Multifamily Residential Property.
“Special Tax means the special tax to be levied in each Fiscal Year on each Par cel of Taxable Property in accordance with Section D to fund the Special Tax Requirement.
“Special Tax Requirement means for each Fiscal Year, that amount required to: (i) pay the estimated cost of Special Tax Services for such Fiscal Year as determine d by the City; (ii) fund the Special Tax Reserve Fund in an amount equal to the lesser of (a) 20% of the Special Tax Reserve Fund Requirement or (b) the amount needed to fund the Special Tax Reserve Fund up to the Special Tax Reserve Fund Requirement, (iii ) pay Administrative Expenses; (iv) pay for the actual or anticipated shortfall due to Special Tax delinquencies in the current or prior Fiscal Year; and (v) less a credit for funds available to reduce the annual Special Tax levy as determined by the Administrator.
“Special Tax Reserve Fund means a fund to be used for capital replacement and maintenance costs related to the Special Tax Services.
“Special Tax Reserve Fund Requirement means an amount up to 150% of the anticipated annual cost of Special Tax Services of $21,399 for the Base Year. The Special Tax Reserve Fund Requirement shall be increased annually, commencing July 1, 202 5, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the amount in effect in the previous Fiscal Year.
“Special Tax Services means: (i) Streetlights maintenance including energy charges, operation, maintenance, and administrative costs of streetlights locat ed on Ridewood Drive, Opal Street, and Goldenwest Street , and identified on the City approved Street Light Plans for Tract No. 36827, by SPB Engineering, Inc., 2021; (ii) the maintenance of landscape and all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, sidewalks, monuments, lights, electricity, and related repair, replacement and inspection; as identified on the City approved CFD Landscape Plans for GOLDENWEST Tract No. 36827, by Robert Taft & Associates, 2011 ; (iii) The maintenance, administration and inspections of stormwater facilities and BMPs including open space area drains, catch basins, open space areas, and any other NPDES/WQMP/BMP related devices ; (iv) litter and graffiti removal on soundwalls and other amenities, plus normal painting as required within CFD boundaries on Goldenwest Street and Opal Street; and (v) all other services necessary or useful for, or in connection with, the authorized services lis ted above, including, but not limited to, building a reserve fund for replacement. Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS
location recording, reporting by device, annual reporting, visual inspectio n for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following: any deficiencies, erosion, trash, silt, sediment, structural deficiencies. Maintenance is inclusive of repair or replacing any of the item s noted as deficient or needing to be corrected to not be deficient. Administration is inclusive of quality assurance and control of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services.
“State means the State of California.
“Taxable Property means all Parcels within the boundary of the CFD pursuant to the Boundary Map which are not exempt from the Special Tax pursuant to Section E., below.
“Taxable Unit means either a Dwelling Unit or an Acre, as shown in Table 1.
“Undeveloped Property means all Parcels of Taxable Property not classified as Developed Property, Approved Property, Public Property or Property Owner’s Association Property.
B. ASSIGNMENT TO LAND USE CLASS
Each Fi scal Year, commencing with Fiscal Year 2023-2024 all Parcels of Taxable Property shall be classified as either Developed Property, Approved Property, Undeveloped Property, Public Property or Property Owner’s Association Property, and subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.
Parcels of Developed Property shall further be classified as Residential Property or Non-Residential Property. Parcels of Residential P roperty shall further be classified as Single Family Property or Multifamily Residential Property.
C. MAXIMUM SPECIAL TAX RATES
1. Developed Property
The Maximum Special Tax that may be levied and escalated, as explained further in Section C.1. (a) below , in any Fiscal Year for each Parcel classified as Developed Property shall be determined by reference to Table 1, below.
TABLE 1
Maximum Special Tax Rates for Developed
Property for Fiscal Year 2023-2024
Land
Use
Class
Description Taxable
Unit
Maximum
Special Tax per
Taxable Unit
1 Single Family Residential Property D/U $ 1,650
(a) Increase in the Maximum Special Tax
On each July 1, following the Base Year, the Maximum Special Tax, identified in Table 1, above, shall be increased annually, commencing July 1, 2024, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the Maximum Special Tax in effect in the previous Fiscal Year.
(b) Multiple Land Use Classes
In some instances, a Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax that may be levied on such Parcel shall be the sum of the Maximum Special Tax that can be levied for each Land Use Class located on that Parcel. For a Parcel that contains more than one Land Use Class, the Acreage of such Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Parcel. The Administrator’s allocation to each Land Use Class shall be final.
2. Approved Property
The Maximum Special Tax for each Parcel of Approved Property shall be equal to the product of the applicable Undevelop ed Property Maximum Special Tax per Acre times the Acreage of such Parcel; provided, however, for a Parcel of Approved Property that is expected to become Single Family Property as reasonably determined by the Administrator based on the Final Map for such Parcel, the Maximum Special Tax for such Parcel of Approved Property shall be calculated pursuant to Section C.1 as if such Parcel were already designated as Single Family Property.
The Maximum Special Tax for Approved Property shall be increased annuall y, commencing July 1, 20 24, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the corresponding Maximum Special Tax in effect in the previous Fiscal Year.
3. Undeveloped Property
The Maximum Special Tax that may be levied and escalated for each Parcel classified as Undeveloped Property shall be $8,532.38 per Acre.
The Maximum Special Tax for Undeveloped Property shall be increased annually, commencing July 1, 2024, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the corresponding Maximum Special Tax in effect in the previous Fiscal Year.
4. Public Property and/or Property Owner’s Association Property
The Maximum Special Tax that may be levied and escalated for each Parcel classified as Public Property and/or Property Owner’s Association Property shall be $0.00 per Acre. There shall be no levy on Public Property and/or Property Owner’s Association Property.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2023-2024 and for each following Fiscal Year, the Administrator shall levy the Special Tax on al l Taxable Property until the amount of Special Tax equals the Special Tax Requirement in accordance with the following steps:
First: The Special Tax shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Maxi mum Special Tax as needed to satisfy the Special Tax Requirement;
Second: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Parcel of Ap proved Property at up to 100% of the Maximum Special Tax for Approved Property.
Third: If additional moneys 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 Parcel of Undeveloped Property at up to 100% of the applicable Maximum Special Tax for Undeveloped Property.
Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Parcel of Residential Pr operty for which a Certificate of Occupancy has been issued be increased by more than ten percent (10%) as a result of a delinquency in the payment of the Special Tax applicable to any other Parcel above the amount that would have been levied in that Fisca l Year had there never been any such delinquency or default.
E. EXEMPTIONS
The CFD shall not levy Special Taxes on Public Property and Property Owner’s Association Property within the CFD.
F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the Administrator may directly bill the Sp ecial Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD, and provided further that the CFD may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act.
G. APPEALS
Any taxpayer may file a written appeal of the Special Tax on his/her Parcel(s) with the Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes must be paid on or before the payment due date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The Administrator shall review the appeal, meet with th e appellant if the Administrator deems necessary, and advise the appellant of its determination. If the Administrator agrees with the appellant, the Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Parcel(s). No refunds of previously paid Special Taxes shall be made.
The Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Tax and any taxpayer who appeals, as herein specified.
H. TERM OF THE SPECIAL TAX
The Special Tax shall be levied annually in perpetuity unless terminated earlier by the City.
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RESOLUTION NO. 2023-10
RESOLUTION OF THE CI TY COUNCIL OF THE CI TY OF JURUPA
VALLEY, CALIFORNIA, CALLING A SPECIAL EL ECTION AND
SUBMITTING TO THE QUALIFIED ELECTORS OF CITY OF JURUPA
VALLEY COMMUNITY FACILITIES DISTR ICT NO . 2021-001
(GOLDENWEST) PROPOSITIONS REGARD ING THE
ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AND THE
ANNUAL LEVY OF A SPECIAL TAX WITHIN THE COMMUNIT Y
FACILITIES DISTRICT
WHEREAS, on January 19th, 2023, the City Council (the “City Council”) of the City of Jurupa Valley (the “City”) held a public hearing (the “Public Hearing”) on the establishment of Community Facilities District No. 2021-001 (GOLDENWEST) (the “District”); and
WHEREAS, following the Public Hearing, the Ci ty Council adopted a resolution entitled “Resolution of Formation of the City Council of the City of Jurupa Valley to Establish City of Jurupa Valley Community Facilities District No . 2021-001 (GOLDENWEST), to Establish an Appropriations Limit therefore, to Authorize the Levy of a Special Tax therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof” (the “Resolution of Formation”) ordering the formation of the District, and subject t o approval of the qualified electors of the District, authorizing the levy of a special tax (the “Special Tax”) on property within the District and establishing an appropriations limit for the District, pursuant to the Mello -Roos Community Facilities Act o f 1982, as amended, commencing with Section 53311 of the California Government Code (the “Act”); and
WHEREAS, pursuant to the Resolution of Formation, the propositions relating to the levy of the Special Tax and the establishment of an appropriations limi t will be submitted to the qualified electors of the District as required by the Act; and
WHEREAS, the City Clerk has advised the City Council that she has received a statement from the Registrar of Voters of the County of Riverside that no persons are registered to vote in the territory of the District; and
WHEREAS, the City Clerk has advised the City Council that she has received a Consent and Waiver from each and every landowner within the District, pursuant to which the each landowner has expressly waived certain requirements related to the conduct of the election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY HEREBY RESOLVES AS FOLLOWS:
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Call of Election. The City Council hereby calls and schedules a special election for January 19th, 2023, to consider the proposition described in Section 3 below.
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SECTION 3. Proposition.
a. Pursuant to Sections 53325.7, 53326 and 53353.5 of th e Act, the proposition relating to the levy of the Special Tax and the proposition relating to the establishment of th e appropriations limit shall be combined into one ballot proposition and shall be submitted to the qualified electors of the District as required by the Act.
b. If the combined proposition for the levy of the Special Tax and the establishment of the appropriations limit receives the approval of more than two-thirds of the votes cast on the proposition, the Special Tax may be levied and the appropriations limit may be established as provided for in the Resolution of Formation.
c. The amount, method of collection and purpose of the Special Tax are specified in the Resolution of Formation, on file in the office of the City Clerk and by this refer ence incorporated herein.
d. The proposition to be submitted to the voters of the District at such special election shall be as follows:
“Shall special taxes with a rate and method of apportionment as set forth in Exhibit “B” to the resolution entitled “Resolution of Formation of the City Council of the City of Jurupa Valley to Establish City of Jurupa Valley Community Facilities District No . 2021-001 (GOLDENWEST), to Establish an Appropriations Limit therefor, to Authorize the Levy of a Special Tax Therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof” (the “Resolution of Formation”) be levied annually on taxable property within City of Jurupa Valley Community Facilities District No . 2021-001 (GOLDENWEST), to pay for law enforcement protection services, costs of contracting services, equipment, vehicles, supplies, salaries and benefits, overhead costs, collection and accumulation of funds, all other services necessary or useful for, or in connection with, the foregoing services, including building a reserve fund for replacement, and incidental expenses thereto, and s hall the appropriations limit be established, all as set forth in Exhibit “A” and Exhibit “B” to the Resolution of Formation
SECTION 4 . Electors Determined . The City Council finds that 12 persons have not been registered to vote within the territory of the District for each of the 90 days preceding the close of the Public Hearing and that pursuant to Section 53326 of the Act, the vote in the s pecial election called by this R esolution shall be by the landowners of the District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within the Distr ict which would be subject to the proposed special taxes if they were levied at the time of the election.
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SECTION 5. Conduct of Election. Except as otherwise provided in Section 6 hereof, the special election shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they may be applicable.
SECTION 6. Election Procedures.
a. The procedures to be followed in conducting the special election on the proposition described in Section 3 shall be as provided in the Resolution of Formation. It is hereby acknowledged that the City Clerk has on file a copy of the Resolution of Formation.
b. The City Council hereby finds that the qualified electors of the District have waived the time limits for conducting the special election by unanimous written consent.
SECTION 7. Concurrence of City Clerk. The City Council hereby finds and determines that the City Clerk has concurred in the shortened time for the election, pursuant to Section 53326 of the Act.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 19th day of January, 2023.
______________________________
Chris Barajas
Mayor
ATTEST:
_______________________________
Vicki Wasko, CMC
City Clerk
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF JURUPA VALLEY )
I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 202 3-10, was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 19th day of January, 2023 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 19th day of January, 2023.
Victoria Wasko, City Clerk
City of Jurupa Valley
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RESOLUTION NO. 2023-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF JURUPA VALLEY , CALIFORNIA, DECLARING THE
RESULTS OF A SPECIAL ELECTION IN CITY OF JURUPA
VALLEY COMMUNITY FACILITIES DISTRICT NO. 2021-
001 (GOLDENWEST) AND DIRECTING THE RECORDING
OF A NOTICE OF SPECIAL TAX LIEN
WHEREAS, in proceedings heretofore conducted by the City Council of the City of Jurupa Valley (the “City Council”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311, of the California Government Code (the “ Act”), the City Council adopted Resolution No. 2023-10 on January 19, 2023, entitled “Resolution of the City Council of the City of Jurupa Valley Calling a Special Election and S ubmitting to the Qualified E lectors of City of Jurupa Valley Community Facilities District No. 2021-001 (GOLDENWEST) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a Special Tax within the Community Facilities District” (the “Resolution Calling Election”), calling for a special election (the “Special Election”) of the qualified electors within Community Facilities District No. 2021-001 (GOLDENWEST); and
WHEREAS, pursuant to the terms of the Resolution Calling Election, which are by this reference incorporated herein, the Special Election was held on January 19, 2023 , and the City Clerk has on file a Certificate of the City Clerk as to the Results of the Canvass of the Election Returns (the “Certificate”), a copy of which is attached hereto as Exhibit A and by this reference incorporated herein; and
WHEREAS, this City Council has reviewed said Certificate and hereby approves it;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY HEREBY RESOLVES AS FOLLOWS:
1. Recitals. The above recitals are all true and correct.
2. Ballot Measure. The ballot measure (the “Ballot Measure”) presented to the qualified electors is set forth in Exhibit B attached hereto and by this reference incorporated herein.
3. Election Results. The results of the Special Election are as set forth in the Certificate on file with the City Clerk and attached hereto as Exhibit A . Pursuant to the Certificate, the Ballot Measure presented at the Special Election was approved by the qualified electors of the District.
4. Ballot Measure Authorized. This City Council, acting in it capacity as legislative body of the District, is hereby authorized to levy on the land within the District the special tax described in the Ballot Measure for the purposes described therein and to take the necessary steps to levy the special tax authorized by the Ballot Measure. The appropriations limit as specified in the Ballot Measure is hereby established.
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5. Finding of Validity. It is hereby found that all prior proceeding and actions taken by this City Council with respect to the District were valid and in conformity with the Act.
6. Notice of Special Tax Lien. The City Clerk is hereby directed to record in the office of the County Recorder of the County of Riverside within fifteen days of the date hereof a notice of special tax lien with respect to the District in substantially the form required by California Streets and Highways Code Section 3114.5.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 19th day of January, 2023.
______________________________
Chris Barajas
Mayor
ATTEST:
_______________________________
Vicki Wasko, CMC
City Clerk
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF JURUPA VALLEY )
I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 202 3-11, was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 19th day of January, 2023 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 19th day of January, 2023.
Victoria Wasko, City Clerk
City of Jurupa Valley
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12774-0005\1942425v1.doc
EXHIBIT A
CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT No. 2021-001
(GOLDENWEST)
CERTIFICATE OF THE CITY CLERK AS TO THE
RESULTS OF THE CANVAS OF THE ELECTION RETURNS
I, ___________________, City Clerk of the City of Jurupa Valley, hereby certify that I canvassed the returns of the Special Election in the City of Jurupa Valley Community Facilities District No. 2021-001 (GOLDENWEST), and that the election was held in the Chambers of the City Council at 8930 Limonite Avenue, Jurupa Valley, CA on January 19, 2023.
I further certify that the total number of ballots cast in said election and the total number of votes cast for and against the measure are full, true and correct:
Community Facilities District No. 2021-001
(GOLDENWEST) Special Tax Election,
January 19, 2023
Qualified
Eligible
Voters
Votes
Cast Yes No
Ballot Measure
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND thi s 19th day of January 2023.
By: __________________________
City Clerk
City of Jurupa Valley
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EXHIBIT B
Ballot Measure:
“Shall special taxes with a rate and method of apportionment as set forth in Exhibit “C” to the resolution entitled “Resolution of Formation of the City Council of the City of Jurupa Valley, California, to Establish City of Jurupa Valley Community Facilitie s District No. 2021-001 (GOLDENWEST), to Establish an Appropriations Limit therefor, to Authorize the Levy of a Special Tax Therein, and to Submit the Establishment of an Appropriations Limit and the Levy of Special Taxes to the Qualified Electors Thereof” (the “Resolution of Formation”) be levied annually on taxable property within City of Jurupa Valley Community Facilities District No. 2021-001 (GOLDENWEST), to pay for law enforcement protection services, costs of contracting services, equipment, vehicles , supplies, salaries and benefits, overhead costs, collection and accumulation of funds, all other services necessary or useful for, or in connection with, the foregoing services, including building a reserve fund for replacement, and incidental expenses t hereto, and shall the appropriations limit be established, all as set forth in Exhibit “A” and Exhibit “B” to the Resolution of Formation”
1 RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY OF JURUPA VALLEY
8930 Limonite Ave.
Jurupa Valley CA 92509
Attention: City Clerk
NOTICE OF SPECIAL TAX LIEN
CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. 2021-001 (GOLDENWEST)
Pursuant to the requirements of Section 3114.5 of the California Streets and Highways Code and the Mello -Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the “Act”), the undersigned City Clerk of the City of Jurupa Valley, County of Riverside, State of California, hereby gives notice (the “Notice”) of the foregoing and that a lien to secure payment of a special tax is hereby impo sed by the City Council of the City of Jurupa Valley, County of Riverside, State of California. The special tax secured by this lien is authorized to be levied for the purpose of providing the services, including incidental expenses, described in Exhibit “A” attached hereto and incorporated by this reference herein.
The special tax is authorized to be levied within the City of Jurupa Valley Community Facilities District No. 2021-001 (Goldenwest) (the “District”), which has now been officially formed and the lien of special tax is a continuing lien which shall secure each annual levy of the special tax and which shall continue in force and effect until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with the Section 53330.5 of the Act.
The rate, method of apportionment, and manner of collection of the authorized special tax is as set forth in the rate and method of apportionment of the special tax (the “Rate and Method”) attached hereto as Exhibit “B” and by this reference incorporated herein. The Rate and Method does not provide for prepayment of the special tax obligation.
Notice is further given that upon the recording of this Notice in the office of the County Recorder of the County of Riverside, the obligation to pay the special tax levy shall become a lien upon all nonexempt real property within the District, in accordance with Section 3115.5 of the California Streets and Highways Code.
The names of the owners and the assessor’s tax parcel number s of the real property included within the District are as set forth in Exhibit “C” attached hereto and by this reference made a part hereof.
Reference is made to the boundary map of the District recorded in Book ____ of Maps of Assessment and Community Facilities Districts at Page 94 in the office of the County Recorder 2 for the County of Riverside, State of California, as Document No. 2023-__________ which map is the final boundary map of the District.
For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the City Engineer at the City of Jurupa Valley, 8930 Limonite Ave., Jurupa Valley, CA 92509, phone (951) 332-6464.
Dated: January 19, 2023
By: __________________________
City Clerk of the City of Jurupa Valley
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EXHIBIT “A”
DESCRIPTION OF SERVICES
The services (the “Services”) described below are proposed to be financed by City of Jurupa Valley Community Facilities District No. 2021-001 (Goldenwest) (the “CFD”).
Streetlights maintenance including energy charges, operation, maintenance, and administrative costs of streetlights located within the subdivision known as Goldenwest, TR 36827.
The maintenance of landscape and all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and oth er abatements, sidewalks, monuments, lights, electricity, and related repair, replacement and inspection; as identified on the City approved CFD Landscape Street Improvement Plans for Goldenwest, TR 36827.
The maintenance, administration and inspections o f stormwater facilities and BMPs including open space area drains, catch basins, open space areas, and any other NPDES/WQMP/BMP related devices.
Litter and graffiti removal on soundwalls and other amenities, plus normal painting as required within CFD boundaries.
All other services necessary or useful for, or in connection with, the authorized services listed above, including, but not limited to, building a reserve fund for replacement.
Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS location recording, reporting by device, annual reporting, visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following: any deficiencies, erosion, trash, silt, sediment, structural deficiencies.
Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected to not be deficient. Administration is inclusive of quality assurance and contro l of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services
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EXHIBIT “B”
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2021-001 (GOLDENWEST)
OF THE CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
A Special Tax (all capitalized terms are defined in Section A., “Definitions, below) shall be applicable to each Parcel of Taxable Property located within the boundaries of Community Facilities District No. PS 2021-001 (Goldenwest). The amount of Special Tax to be levied on a Parcel in each Fiscal Year, commencing in Fiscal Year 2023-2024, shall be determined by the City Council of the City of Jurupa Valley, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax as set forth in Sections B., C., and D., below. All of the real property within the CFD, unless exempted by law or by the provisions of Section E. below, 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 a Parcel as indicated on the most recent Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area shown on the applicable Final Map, condominium plan, or other recorded County map or the land area calculated to the reasonable satisfaction of the Administrator using the boundaries set forth on such map or plan. The square footage of a Parcel is equal to the Acreage of such Parcel multiplied by 43,560.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means all actual or reasonably estimated costs and expenses of the City that are chargeable or allocable to carry out its duties as the administrator of the CFD as allowed by the Act, which shall include without limitation, all costs and expenses arising out of or resulting from the annual levy and collection of the Special Tax (whether by the City or designee thereof or both), any litigation or appeal involving the CFD, and other administrative expenses of the City or designee thereof, or both, directly r elated to the CFD. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD for attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure as a result of delinquent Special Taxes.
“Administrator” means an official of the City, or designee thereof, responsible for determining the annual amount of the levy and collection of the Special Taxes.
B-2
“Approved Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a Building Permit prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Assessor” means the Assessor of the County.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating Parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means the number assigned to a lot or Parcel for purposes of identification as determined from an Assessor Parcel Map or the applicable assessment roll.
“Base Year” means the Fiscal Year ending June 30, 2024.
“Boundary Map” means a recorded map of the CFD which indicates by a boundary line t he extent of the territory identified to be subject to the levy of Special Taxes.
"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 " shall not include any subsequent Building Permits issued or changed after the first issuance.
“CFD” means Community Facilities District No. 2021-001 (Goldenwest) of the City of Jurupa Valley.
“City” means the City of Jurupa Valley, California.
“Consumer Price Index” means the Consumer Price Index published by the U.S. Bureau of Labor Statistic for “All Urban Consumers in the Riverside -San Bernardino -Ontario Area, measured as of the month of April in the Calendar Year which ends in the previous Fiscal Year.
In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the Administrator that is reasonably comparable to the Consumer Price Index for the Riverside-San Bernardino-Ontario Area.
“Council” means the City Council of the City acting as the legislative body of the CFD.
“County” means the County of Riverside, California.
“Developed Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to January 1 st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) for which a Building Permit for new construction has been issued prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Dwelling Unit” or “(D/U) ” means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator.
B-3
“Exempt Property” means any Parcel which is exempt from Special Taxes pursuant to Section E., below.
“Final Map” means a subdivision of property by recordation of an Assessor’s 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 1352 that creates individual lots for which Building Permits may be issued without further subdivision.
“Fiscal Year” means the 12 month period starting on July 1 of any calendar year and ending the following June 30.
“Incidental Expenses” means the costs associated with formation of the District, determination of the amount of the Special Tax, collection of the Special Tax, payment of the Special Tax, costs incurred in order to carry out the authorized purposes of the District, and the costs of engineering, inspecting, coordinating, completing, planning and designing the Services, including the costs of any environmental evaluations.
“Land Use Class” means any of the classes listed in Table 1 of Section C. below.
“Maximum Special Tax” means for each Parcel in each Fiscal Year, the greatest amount of Special Tax, determined in accordance with Section C, below, which may be levied on such Parcel in such Fiscal Year
“Multifamily Residential Property” means all Parcels of Developed Property that consists of a building or buildings comprised of attached Dwelling Units available for rental by the general public, not for sale to an end user, and under common management.
“Non-Residential Property” means all Parcel s of Developed Property for which a Building Permit was issued, permitting the construction of one or more non-residential structures.
“Parcel(s)” means a lot or parcel within the CFD shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number valid as of July 1 st for the Fiscal Year for which the Special Tax is being levied.
“Property Owner’s Association Property” means all Parcels which have been conveyed, dedicated to, or irrevocably offered for dedication to a property owner associ ation, including any master or sub-association, prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Proportionately” means for Parcels of Taxable Property that are (i) Single Family Property, that the ratio of the actual Special Tax levy to Maximum Special Tax is the same for all Parcels of Single Family Property, (ii) Multifamily Residential Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Multifamily Re sidential Property, and (iii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property.
B-4
“Public Property” means all Parcels which, as of April 1 st preceding the Fiscal Year in which the Special Tax is being levied, are (i) used for rights -of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State, the County, City or any other public agency, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use; or (ii) encumbered by an unmanned utility easem ent making impractical its utilization for other than the purpose set forth in the easement.
“Residential Property” means all Parcels of Developed Property for which a Building Permit has been issued permitting the construction of one or more residential Dwelling Units.
“Single Family Property” means all Parcels of Residential Property, other than Multifamily Residential Property.
“Special Tax(es)” means the Special Tax to be levied in each Fiscal Year on each Parcel of Taxable Property in accordance with Section D.
“Special Tax Requirement” means for each Fiscal Year, that amount required to: (i) pay the estimated cost of Special Tax Services for such Fiscal Year as determined by the City; (ii) pay amount required to establish or replenish any reserve fund established in connection with the CFD, (iii) pay Administrative Expenses; (iv) pay for the actual or anticipated shortfall due to Special Tax delinquencies in the current or prior Fiscal Year; and (v) less a credit for funds available to reduce the annual Special Tax levy as determined by the Administrator.
“Special Tax Services” means the cost associated with providing law enforcement services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, supplies, (iii) the salaries and benefits of City staff that directly provide law enforcement services, (iv) City overhead costs associated with providing such services within the District, (v) all other services necessary or useful for, or in connection with, th e authorized services listed above, including building a reserve fund for replacement and maintenance and for anticipated operating cost shortfalls, and (vi) Incidental Expenses.
“State” means the State of California.
“Taxable Property” means all Parcels within the boundary of the CFD pursuant to the Boundary Map which are not exempt from the Special Tax pursuant to Section E., below.
“Taxable Unit” means either a Dwelling Unit or an Acre, as shown in Table 1.
“Undeveloped Property” means all Parcels of Taxable Property not classified as Developed Property, Approved Property, Public Property or Property Owner’s Association Property.
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B. ASSIGNMENT TO LAND USE CLASS
Each Fiscal Year, commencing with Fiscal Year 2023-2024, all Parcels of Taxable Property shall be classified as either Developed Property, Approved Property, Undeveloped Property, Public Property or Property Owner’s Association Property, and subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionm ent as determined pursuant to Sections C. and D.
Parcels of Developed Property shall further be classified as Residential Property or Non - Residential Property. Parcels of Residential Property shall further be classified as Single Family Property or Multifamily Residential Property.
C. MAXIMUM SPECIAL TAX RATES
1. Developed Property
The Maximum Special Tax that may be levied and escalated, as explained further in Section C.1. (a) below, in any Fiscal Year for each Parcel classified as Developed Property shall be determined by reference to Table 1 below.
TABLE 1
Maximum Special Tax Rates for Developed
Property for Fiscal Year 2023-2024
Land
Use
Class
Description Taxable
Unit
Maximum
Special Tax per
Taxable Unit
1 Single Family Residential Property D/U $ 1,650
(a) Increase in the Maximum Special Tax
On each July 1, following the Base Year, the Maximum Special Tax, identified in Table 1, above, shall be increased annually, commencing July 1, 202 3, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the Maximum Special Tax in effect in the previous Fiscal Year.
(b) Multiple Land Use Classes
In some instances, a Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax that may be levied on such Parcel shall be the sum of the Maximum Special Tax that can be levied for each Land Use Class located on that Parcel. For a Parcel that contains more than one Land Use Class, the Acreage of such
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Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Parcel. The Administrator’s allocation to each Land Use Class shall be final.
2. Undeveloped Property
The Maximum Special Tax that may be levied and escalated for each Parcel classified as Undeveloped Property shall be $8,532.38 per Acre.
The Maximum Special Tax for Undeveloped Property shall be increased annually, commencing July 1, 2024, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the corresponding Maximum Special Tax in effect in the previous Fiscal Year.
3. Public Property and/or Property Owner’s Association Property
The Maximum Special Tax that may be levied and escalated for each Parcel classified as Public Property and/or Property Owner’s Association Property shall be $0.00 per Acre.
There shall be no levy on Public Property and/or Property Owner’s Association Property.
B-7
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2023-2024 and for each following Fiscal Year, the Administrator shall levy the Special Tax on all Taxable Property until the amount of Special Tax equals the Special Tax Requirement in accordance with the following steps:
First: The Special Tax shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax as needed to satisfy the Special Tax Requirement; and
Second: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax for Approv ed Property. Notwithstanding the forgoing sentence, no Special Tax shall be levied on Approved Property to fund items (ii) and (iii) of the Special Tax Requirement.
E. EXEMPTIONS
The CFD shall not levy Special Taxes on Public Property and Property Owne r’s Association Property within the CFD. Exempt Property status will be assigned by the Administrator in the chronological order in which Parcels becomes Public Property and/or Property Owner’s Association Property. Parcels which cannot be classified as Exempt will continue to be classified as Taxable Property, and will continue to be subject to Special Taxes accordingly.
F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the 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 the CFD, and provided further that the CFD may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act.
B-8
G. APPEALS
Any taxpayer may file a written appeal of the Special Tax on his/her Parcel(s) with the Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes must be paid on or before the payment due da te established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The Administrator shall review the appeal, meet with the appellant if the Administrator deems necessary, and advise the appel lant of its determination. If the Administrator agrees with the appellant, the Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Parcel(s). No refunds of previously paid Special Taxes shall be made.
The Ad ministrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Tax and any taxpayer who appeals, as herein specified.
H. TERM OF THE SPECIAL TAX
The Special Tax shall be levied annually in perpetuity unless terminated earlier by the City.
C-1
EXHIBIT “C”
NAMES OF THE OWNERS AND ASSESSOR’S PARCEL NUMBERS
OF THE REAL PROPERTY WITHIN DISTRICT
Owner Assessor's Parcel Numbers
Investment City, LLC 182-361-009
V
November 2022
CITY OF JURUPA VALLEY
ENGINEER’S REPORT FOR
CITY OF JURUPA VALLEY
COMMUNITY FACILITIES
DISTRICT 2021-001
CFD 2021-001
GOLDENWEST
Prepared By:
HR Green Pacific
1260 Corona Pointe Court, Suite 305
855.900.4742
www.hrgreen.com
1 Table of Contents
INTRODUCTION .......................................................................................................................... 2 DESCRIPTION OF SERVICES ................................................................................................... 3 STREETLIGHTS ................................................................................................................................... 3 LANDSCAPING ..................................................................................................................................... 3 STORMWATER FACILITIES ............................................................................................................ 3 GRAFFITI ABATEMENT .................................................................................................................... 3 INCIDENTALS ...................................................................................................................................... 3 COST ESTIMATE ......................................................................................................................... 4 INCIDENTAL EXPENSES ................................................................................................................... 4 RATES AND METHOD OF APPORTIONMENT OF SPECIAL TAX ..................................... 5 PROPOSED BOUNDARIES ........................................................................................................ 6
Appendix A
RATES AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR CFD 2021-001 (GOLDENWEST)
Appendix B
BOUNDARY MAP FOR CFD 2021-001 (GOLDENWEST)
2 COMMUNITY FACILITIES DISTRICT REPORT
FOR
CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. 2021-001 (GOLDENWEST)
INTRODUCTION
WHEREAS, the City Council of the CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA (“City Council”), did, pursuant to the provisions of the Mello- Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Division 2 of title 5 of the California Government C ode (“Act”) on December 15, 2022, adopt Resolution No. ______ (“Resolution”) ordering the preparation and filing of a written Report for a proposed Community Facilities District (“Report”). This Community Facilities District shall be referred to as COMMUNITY FACILITIES DISTRICT NO. 2021- 001 (GOLDENWEST) CITY OF JURUPA VALLEY (CFD) and (CFD NO. 2021-001 GOLDENWEST); and,
WHEREAS, The Resolution ordering said Report, did direct that the Report generally contain the following:
• A brief description of the services by type proposed to be financed by the CFD which will adequately meet the needs of the CFD; and
• An estimate of the costs of providing such services, including the incidental expenses, to be incurred in connection with the CFD.
NOW, THEREFORE, the undersigned, the responsible officer or person directed to prepare the Report, pursuant to the provisions of the Act, does hereby submit the following Report.
A Community Facilities District may provide for financing of certain public services which are necessary to meet increased demands placed upon local agencies as a result of development or rehabilitation occurring with the CFD.
The following Report contains the description of CFD No. 2021- 001 boundaries, description of services, and the financial analysis for CFD No. 2021-001.
Based upon the data analyzed, it is my opinion that the services being funded are those that are necessary to meet certain increased demands placed upon the CITY OF JURUPA VALLEY, as a result of development occurring within the boundaries of the CFD.
Steve Loriso, R.C.E. 64701
3 DESCRIPTION OF SERVICES
A general description of the proposed services, pursuant to the terms stated in Exhibit “A” of the Resolution, is as follows:
STREETLIGHTS
Streetlights maintenance including energy charges, operation, maintenance, and administrative costs of streetlights located on Ridgewood Drive and Opa l Street and identified on the City approved Street Light Plans for Ridgewood Drive and Opal Street, Tract No. 36827, by S PB Engineering, Inc., 2021.
LANDSCAPING
The maintenance of landscape and all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, sidewalks, monuments, lights, electricity, and related repair, replacement and inspection; as identified on the City approved CFD Landscape Plans for Tract No. 36827, by Robert Taft & Associates, 2022.
STORMWATER FACILITIES
The maintenance, administration and inspections of storm water facilities and BMPs including open space area drains, catch basins, open space areas, and any other NPDES/WQMP/BMP related devices.
GRAFFITI ABATEMENT
Litter and graffiti removal on soundwalls and other amenities, plus normal painting as required within CFD boundaries on Goldenwest Street and Opal Street.
INCIDENTALS
All other services necessary or useful for, or in connection with, the authorized services listed above, including, but not limited to, building a reserve fund for replacement.
The services listed herein are representative of the types of services authorized to be financed by Community Facilities District No. 2021-001 (Goldenwest). Detailed scope and limits of specific projects will be determined as appropriate, consistent with the standa rds of CITY OF JURUPA VALLEY. Addition, deletion, or modif ication of descriptions of the services may be made consistent with the requir ements of the City Council of the CITY OF JURUPA VALLEY, the Community Facilities District No. 2021-001 (Goldenwest), and the Act.
4 COST ESTIMATE
The cost estimate , including incidental expenses , is approximately $ 21,399 annually. T he Maximum Special Taxes within the CFD have been established to pay for these services up to $1,650 per taxable unit per year for single family residential property; as defined in the Rate and Method of Apportionment for CFD 2021-001 Goldenwest.
The amount shall be inc reased based upon the percentage c hange in the Consumer Price Index for Riverside-San Bernardino-Ontario, with a maximum annual increase of six percent (6%) and a minimum increase of two percent (2%) of the Maximum Special Tax in effect in t he previous fiscal year.
INCIDENTAL EXPENSES
Pursuant to Section 53340 of the Act, the proceeds of any s pecial tax levied and collected by CFD No. 2021-001 (Goldenwest) may be used only to pay for the cost of providing services and incidental expenses. As defined by th e Act, incidental expenses include, but are not limited to, the annual costs associated with determination of the amount of special taxes, collection of special taxes, payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the community facilities district. The incidental expenses associated with the annual administration of CFD No. 2021- 001 (Goldenwest) are initially estimated to be $2,133. This amount shall be increased based upon the percentage change in the Consumer Price Index, w ith a maximum annual increase of six percent (6%) and a minimum increase of two percent (2%) of the Maximum Special Tax in effect in the previous Fiscal Year.
The cost of the Services shall include incidental ex penses, includi ng costs associated with formation of the District, determination of the amount of the Special Tax, collection of the Special Tax, payment of the Special Tax, costs incurred in order to carry out the authorized purposes of the District, and the costs of en gineering, inspecting, coordi nating, completing, planning and designing the Services, including the costs of environmental evaluations.
The following incidental expenses are examples of those that may be incurred in the formation of the Dis trict: engineering services, publishing, mai ling and posting of notices, governmental notification and filing costs, Election costs, and charges and fees of the City other than those waived.
The following incidental expenses are examples of those that may be incurred in ea ch annual Special Tax levy: necessary consultant costs, costs of posting and collecting the special taxes, and administrative costs of the City related to each annual Special Tax levy.
5 RATES AND METHOD OF APPORTIONMENT OF SPECIAL
TAX
The Rate and Method of Apportionment of the special tax is attached hereto as Appendix A (the “Rate and Method of Apportionment”). The special tax will be collected in the same manner and at the same time as ad valorem property taxes and subject to the same penalties and provisions; however, the special tax may be collected at a different time or in a different manner if necessary for CFD No. 2021-001 (Goldenwest) to meet its financial obligations as permitted by the Act.
All of the property located within CFD No. 2021- 001 (Goldenwest), unless exempt by law or by the special tax proposed for CFD No. 2021- 001 (Goldenwest), shall be taxed for the purpose of providing necessary services to the CFD. Pursuant to Section 53325.3 of the Act, the tax imposed “is a special tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property.” The special t ax may be based on benefit received by property, the cost of maintaining facilities or authorized serv ices available or other reasonable basis as determined by the Council , although the special t ax may not be apportioned on an ad valorem basis pursuant to Article XIIIA of the California Constitution.
The special tax for the CFD was established generally r elying on bui lding square footage, net taxable acreage, land use type, types of services, square footage of services areas, groundcover , shrubs, and trees, and plant material expected to be included within the CFD, and estimated costs to maintain which were provided by the developer for TR 36827. Data used for estimates on this report were not independently verified by the report preparer, HR Green Pacific. HR Green Pacific disclaims responsibility for the impact of inaccurate data, if any, provided by the developer on the exhibits and plans for TR 36827 and on the Rate and Method of Apportionment for CFD 2021-001 (GOLDENWEST).
It is my opinion that the special tax rate and method of apportionment, as above set forth, is fair and reasonable.
December 15, 2022.
Steve Loriso, R.C.E. 64701
6 PROPOSED BOUNDARIES
The proposed boundaries of CFD 2021- 001 (GOLDENWEST) are those properties and parcels for which special taxes may be levied to pay for the costs and expenses of the services described above. The proposed boundaries of the CFD are those properties and parcels for which special taxes may be levied to pay for the costs and expenses of the services described above. The proposed District boundaries as of Fiscal Year 20 22-2023 include the following assessor pa rcel number(s):
182-361-009
A reduced scale map showing the boundaries of the CFD is provided as Appendix B. A full-scale map is on file with the City Clerk of the CITY OF JURUPA VALLEY and was recorded with Riverside County Recorder’s Office.
APPENDIX A
RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAXES FOR
CFD 2021-001 (GOLDENWEST)
APPENDIX B
BOUNDARY MAP FOR
CFD 2021-001 (GOLDENWEST)
Page | 1
120
STAFF REPORT
DATE: JANUARY 19, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 16.C
PUBLIC HEARING TO CONSIDER CALLING A SPECIAL ELECTION;
DECLARING THE RESULTS OF THE ELECTION; AND APPROVING
FORMATION AND LEVY OF SPECIAL TAXES FOR CITY OF JURUPA
VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2022 -005
(PUBLIC SAFETY, GOLDENWEST) GENERALLY LOCATED AT THE
WEST OF OPAL STREET AND NORTH OF 45TH STREET, TRACT
36827
RECOMMENDATION
1) Requested Action: That the City Council open the public hearing and take testimony, if any.
2) Following the public hearing, staff recommends that the City Council adopt Resolution No. 2023-05, entitled:
RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, CALIFORNIA, TO ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITEIS DISTRICT NO. PS 2022 -005 (PUBLIC SAFETY,
GOLDENWEST), TO ESTABLISH AN APPROPRIATIONS LIMIT
THEREFORE, TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN,
AND TO SUBMIT THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT
AND THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS THEREOF; AND
3) That the City Council adopt Resolution No. 2023-06, entitled:
RETURN TO AGENDA
Page | 2
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY,
CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE
QUALIFIED ELECTORS OF CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTRICT NO. PS 2022-005 (PUBLIC SAFETY, GOLDENWEST)
PROPOSITIONS REGARDING THE ESTABLISHMENT OF AN
APPROPRIATIONS LIMIT AND THE ANNUAL LEVY OF A SPECIAL TAX WITHIN THE COMMUNITY FACILITIES DISTRICT; AND
4) That the City Council adopt Resolution No. 2023-07, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY,
CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2022-005 (PUBLIC SAFETY, GOLDENWEST) AND DIRECTING THE
RECORDING OF A NOTICE OF SPECIAL TAX LIEN; AND
5) That the City Council conduct a first reading and introduce Ordinance No. 2023-01, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTICT NO.
PS 2022-005 (PUBLIC SAFETY, GOLDENWEST) AUTHORIZING THE LEVY
OF A SPECIAL TAX THEREIN
BACKGROUND
On December 15, 2022, the City Council took the first step in the process of forming CFO No. PS 2022 -005 PUBLIC SAFETY, GOLDENWEST ("CFO No. PS 2022 -005"), composed of proposed Tract No. 36827. At that time the City Council approved a Resolution of Intention, Resolution No. 2022 -10, to form CFO No. PS 2022 -005 and to authorize the levy of a special tax. At that meeting, the City Council set January 19, 2023 as the date for the public hearing.
The State Legislature enacted the Mello -Roos Act of 1982 (the "Act") to assist public agencies in financing certain public services. The owners - INVESTMENT CITY, LLC - requested that the City assist them in forming a district in order to cover the costs associated with providing law enforcement protection services.
The CFD will set up a special tax to generally cover cost associated with providing law enforcement protection services, including but not limited to:
● The costs of contracting services.
● Equipment, vehicles, supplies.
● The salaries and benefits of City staff that directly provide police protection services and other services as defined herein, respectively.
Page | 3
● City overhead costs associated with providing such services within the District. ● Services related thereto , including collection and accumulation of funds to pay for anticipated operating cost shortfalls.
ANALYSIS
The proposed CFO will have a Maximum Special Tax for base year 2022 of:
TAX A
SFR (D/U) $220.00
MFR (D/U) $180.00
Approved Property $100.00
These rates will increase based on the percentage increase in the Consumer Price Index, for Riverside-San Bernardino-Ontario area, with a maximum annual increase of 6% and a minimum annual increase of 2% of the Maximum Special Tax in effect in the previous fiscal year. The owners have filed a petition representing their willingness to move forward.
OTHER INFORMATION
City Council initiated proceedings for the formation on December 15, 2022. (Resolution No. 2022-119).
FINANCIAL IMPACT
The individual property owners are responsible for the annual payments of special taxes.
The City will file the annual spec ial tax with the County Auditor -Controller. The property owners have posted a deposit with their application to form CFO No. PS 2022 -005, in order to cover City costs incurred in connection with the formation. Approval of the actions set forth in this staff report do not in any way commit the City to any financial contribution or liability by CFO No. PS 2022-005. The City's cost to administer CFO No. PS 2022-005 annually will be reimbursed through the special taxes charged to property owners.
The revenue from this special tax will be deposited into a fund for CFO No. PS 2022-005 and will be used to pay for the Services as listed above and presented in the RMA. Both the revenue and expenses will be part of the City's FY 2022 -2023 Adopted Budget, and there is no anticipated impact to the general fund.
ALTERNATIVES
Take no action.
Provide alternative direction to staff.
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RESOLUTION NO. 2023-05
A RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE
CITY OF JURUPA VALLEY , CALIFORNIA, TO ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2022- 005 (PUBLIC SAFETY, GOLDENWEST), TO ESTA BLISH AN
APPROPRIATIONS LIMIT THEREOF, TO AUTHORIZE THE LEVY OF
A SPECIAL TAX THEREIN, AND TO SUBMIT THE ESTABLISHMENT
OF AN APPROPRIATIONS LIMIT AND THE LEVY OF SPECIAL TAXES
TO THE QUALIFIED ELECTORS THEREOF
WHEREAS, on December 15, 2022 , the City Council adopted a resolution entitled “A Resolution of Intention of the City Council of the City of Jurupa Valley to Establish City of Jurupa Valley Community Facilities District No. PS 2022-005 (PUBLIC SAFETY, GOLDENWEST) and to authorize the Levy of a Special Tax within City of Jurupa Valley Community Facilities District No. PS 2022-005 (PUBLIC SAFETY, GOLDENWEST)” (the “Resolution of Intention”), stating its intention to form Community Facilities District No. PS 2022 -005 (PUBLIC SAFETY, GOLDENWEST) (the “CFD”), of the City pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the Califor nia Government Code (the “Act”) to finance certain services to serve the CFD (the “Services”);
WHEREAS, the Resolution of Intention, setting forth a description of the proposed boundaries of the CFD , Services to be financed by the CFD, including incidental expenses, and the rate and method of apportionment (the ‘”Rate and Method”) of the special tax (the “Special Tax”) to be levied within the CFD to pay for the S ervices, is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein;
WHEREAS, the Resolution of Intention set January 19, 2023 at 7:00 p.m. , or as soon thereafter as practical, as the date for a public hearing on the establishment of the CFD, the extent of the CFD, the furnishing of the Services within the CFD, and the proposed Rate and Method;
WHEREAS, on this date, this Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the CFD;
WHEREAS, at the hearing all interested persons desiring to be heard for or against the establishment of the CFD, the extent of the CFD, the furnishing of the Services and the Rate and Method were heard and a full and fair hearing was held;
WHEREAS, at the hearing evidence was presented to this Council on such matters before it, including a special report (the “CFD Report”) as to the Services to be provided through the CFD and the costs thereof, a copy of which is on file with the City Clerk, and this Council , at the conclusion of said hearing, is fully advised in the premises;
WHEREAS, written protests with respect to the formation of the CFD, the furnishing of specified types of services and the Rate and M ethod have not been filed with the City Clerk by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or -2-
property owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the proposed special taxes; and
WHEREAS, the Special T ax proposed to be levied in the CFD to pay for the proposed services has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or the owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the special taxes.
WHEREAS, City Staff reviewed the proposed CF D formation and determined that forming the CFD and financing the Services, as described in Section 7 of this Resolution, does not constitute a project for purposes of the California Environmental Quality Act, commencing with Section 21000 of the California Public Resources Code and the California Environmental Quality Act Guidelines, Article 5 of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations, (collectively “CEQA”). CEQA Guidelines S ection 15378 specifically state that the term “project” for CEQA purposes does not include “continuing administrative or maintenance activities” or “t he creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.” (CEQA Guidelines §§ 15378 (b)(2) and (b)(4).)
WHEREAS, the CFD is intended to fund the cost associated with providing law enforcement services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, supplies, (iii) the salaries and benefits of City staff that directly provide law enforcement services, (iv) City overhead costs associated with providing such services within the District, (v) all other services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement and maintenance and for anticipated operating cost shortfalls, and (vi) Incidental Expenses, which constitute administrative and maintenance functions of the City. Further, establishment of a revenue stream to fund ongoing services does not involve commitment to any specific project that would have a potentially significant impact on the environmen t because the funds would not be used to construct new or expand existing facilities.
WHEREAS, in addition to the foregoing, because the project is a financing mechanism to fund ongoing administrative and maintenance operations, it can be seen with certa inty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore is exempt from CEQA’s provisions. (CEQA Guidelines §15061(b)(3).)
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY HEREBY RESOLVES AS FOLLOWS:
1. Recitals Correct. The foregoing recitals are true and correct.
2. Public Hearing. On this date, pursuant to notice thereof duly given as provided by law, the City Council held a public hearing with respect to the establishment of the CFD and the annual levying of the Special Tax within the CFD to pay for the Services.
-3-
3. No Majority Protest. The proposed Special Tax to be levied within the CFD has not been precluded by majority protest pursuant to section 53324 of the Act.
4. Prior Proceedings Valid. All prior proceedings taken by this City Council in connection with the establis hment of the CFD and the levy of the Special T ax have been duly considered and are hereby found and determined to be valid and in conformity with the Act.
5. Name of the District. The community facilities district designated “City of Jurupa Valley Community Facilities District No. PS 2022-005 (PUBLIC SAFETY, GOLDENWEST)” of the City is hereby established pursuant to the Act.
6. Boundaries of the District. The Resolution of Intention provides the boundaries of the territory proposed for inclusion in the CFD, as set forth in the map of the CFD heretofore recorded in the Riverside County Recorder’s Office on ________, 2022, in Book ___ at Page ___ as Instrument No. 2022-__________ of Maps of Assessment and Community Facilities Districts.
7. Description of Services. The Services proposed to be financed by the CFD and pursuant to the Act shall consist of those items shown in Exhibit “A” hereto and by this reference incorporated herein.
8. Special Tax.
a. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a Special Tax sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all non -exempt real property in the CFD, is intended to be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as may be prescribed by this Council.
b. The proposed Rate and Method, in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, is shown in Exhibit “B” attached hereto and hereby incorporated herein.
9. Report. The CFD Report is hereby approved and is made a part of the record of the public hearing regarding the formation of the CFD, and is ordered to be kept on file with the City Clerk as part of the transcript of these proceedings.
10. Responsible Official. The Director of Administrative Services of the City of Jurupa Valley, located at City Hall, 8930 Limonite Ave, Jurupa Valley, CA 92509 , telephone number (951) 332-6464, is the officer of the City who will be responsible for preparing annually a current roll of the levy of the Special Tax obligations by assessor’s parcel number and who will be responsible for estimating future levies of the Special Tax.
11. Tax Lien. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property in the CFD and this lien shall continue in -4-
force and effect until the Special Tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the Special Tax by the CFD ceases.
12. Description of Voting Procedures. The voting proc edures to be followed in conducting the special election (the “Special Election”) on the proposition of the annual levy of the Special Tax and on the proposition to establish an appropriations limit for the CFD, if the CFD is established, shall be as follows:
a. If at least 12 persons have been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the public or protest hearing (the “protest hearing”), the vote in the Special Election shall be by the registered voters of the CFD with each voter having one vote. In that event, the Special Election shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the Act and pursuant to the provisions of the California Elections Code governing elections of cities, insofar as they may be applicable, and pursuant to said Section 53326 the b allots for the Special Election shall be distributed to the qualified electors of the CFD by mail with return postage prepaid or by personal service, and the Special Election shall be conducted as a mail ballot election.
b. If 12 persons have not been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the protest hearing, the vote in the Special Election is to be by the landowners of the CFD, with each landowner of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns within the CFD and the Special Election shall be conducted by the City Clerk pursuant Section 53326 of the Act as follows:
(i) The Special Election shall be held on the earliest date, following the adoption by the City Council of this Resolution and a resolution calling the Special Election, to submit to the qualified electors of the CFD the propositions with respect to: (i) the levy of Special T ax to finance the Services and (ii) the establishment of an appropriations limit for the CFD.
(ii) Pursuant to said Section 53326, the Special Election may be held earlier than 90 days following the close of the protest hearing if the qualified electors of the CFD waive the time limits for conducting the elections set forth in said Section 53326 by unanimous written consent and the Clerk concurs in such earlier election date as shall be consented to by the qualified electors.
(iii) Pursuant to said Section 53326, b allots for the Special Election shall be distributed to the qualified electors by t he Clerk by mail with return postage prepaid, or by personal service.
(iv) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities , the City Clerk shall mail (or deliver) to each qualified elector an official ballot and shall also mail to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot -5-
identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this Resolution and the exhibits hereto; provided, however, that analysis and arguments regarding the ballot measure may be waived with the unanimous consent of all the landowners, and in such event a finding regarding such waivers shall be made in the resolution adopted by the City Council calling the Special Election.
(v) The official ballot to be mailed (or delivered) by the Clerk to each landowner shall have printed or typed thereon the name of the landowner and the number of votes to be voted by the landowner 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 the certification is the person who voted the official ballot, and if the landowner is other than a natural person, that he or she is an officer of or other person affiliated with the landowner entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner, that in voting such official ballot it was his or her intent, as well as the intent of the landowner, to vote all votes to which the landowner 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's land ownership within the CFD.
(vi) The return identification envelope delivered by the Clerk to each landowner 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 signi ng and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the Clerk.
(vii) The instruction to voter form to be mailed by the Clerk to the landowners shall inform them that t he official ballots shall be returned to the 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 no later than 7:00 p.m. on the date of the Special Election, or immediately after the Resolution Calling the Special Election is adopted.
(viii) Upon receipt of the return identification envelopes, which are returned prior to the voting deadline on the date of the Special Election, the 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 elect ion on each proposition set forth in the official ballot.
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13. Exempt Property. Except as provided in Section 53340.1 of the Act and except for properties that a local agency is a landowner of within the meaning of subdivision (f) of Section 53317 of the Act, pursuant to Section 53340 of the Act, properties of entities of the state, federal and local governments shall be exempt from the levy of the Special Tax. Reference is hereby made to the Rate and Method for a description of other properties or entities that are expressly exempted from the levy of the Special Tax.
14. Appropriations Limit. An appropriations limit for the CFD is hereby established, subject to voter approval, as an amount equal to all the proceeds of the Special Tax collected annually within such CFD and as defined by Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in population.
15. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, the City Council hereby establishes the following accountability measures pertaining to the levy by the CFD of the Special Tax described in Section 8 above:
a. The Special Tax shall be levied for the specific purposes set forth in Section 7 hereof.
b. The proceeds of the levy of the Special Tax shall be applied only to the specific purposes set forth in Section 7 hereof.
c. The CFD shall establish an account or accounts into which the proceeds of such Special Tax shall be deposited.
d. The City Manager, or his or her designee, acting for and on behalf of the CFD, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3.
16. CEQA. The City Council hereby finds that the CFD formation involves creation of a funding mechanism for certain ongoing service and maintenance ac tivities that do not have any potential for significantly impacting the environment. Further, the City Council hereby finds that it can be seen with certainty that the proposed financing mechanism and services funded thereby have no possibility of resulting in a significant effect on the environment. Therefore, the City Council, in its independent judgment, finds that the project is exempt from CEQA, and hereby directs City Staff to prepare and file a Notice of Exemption with the County Clerk within five days of adoption of this Resolution pursuant to Section 21152 of the California Public Resources Code and Section 15062 of the CEQA Guidelines.
17. Effective Date. This resolution shall take effect upon its adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 19th day of January, 2023.
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______________________________
Chris Barajas
Mayor
ATTEST:
_______________________________
Victoria Wasko, CMC
City Clerk
-8-
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF JURUPA VALLEY )
I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2023 -05, was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 19th day of January, 2023 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 19th day of January, 2023.
Victoria Wasko, City Clerk
City of Jurupa Valley
A-1
EXHIBIT A
CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2022-005
(PUBLIC SAFETY, GOLDENWEST)
DESCRIPTION OF SERVICES
Authorized Services shall be the following:
Special Tax Services for cost associated with providing law enforcement services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, supplies, (iii) the salaries and benefits of City staff that directly provide law enforcement services, (iv) City overhead costs associated with providing such services within the District, (v) all other services necessary or useful for, or in connection with, the a uthorized services listed above, including building a reserve fund for replacement and maintenance and for anticipated operating cost shortfalls, and (vi) Incidental Expenses.
B-1
EXHIBIT B
CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2022-005
(PUBLIC SAFETY, GOLDENWEST)
RATE AND METHOD OF APPORTIONMENT
[please see attached]
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. PS 2022-005 (PUBLIC SAFETY,
GOLDENWEST) OF THE CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
A Special Tax (all capitalize d terms are defined in Section A., “Definitions, below) shall be applicable to each Parcel of Taxable Property located within the boundaries of Community Facilities District No. PS 2022- 005 (PUBLIC SAFETY, GOLDENWEST) .
The amount of Special Tax to be levied on a Parcel in each Fiscal Year, commencing in Fiscal Year 2023- 2024, shall be determined by the City Council of the City of Jurupa Valley, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax as set for th in Sections B., C. , and D., be low. All of the real property within the CFD, unless exempted by law or by the provisions of Section E. below, 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 a Parcel as indicated on the most recent Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area shown on the applicabl e Final Map, condominium plan, or other recorded County map or the land area calculated to the reasonable satisfaction of the Administrator using the boundaries set forth on such map or plan. The square footage of a Parcel is equal to the Acreage of such Parcel multiplied by 43,560.
“Act” means the Mello- Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means all actual or reasonably estimated costs and expenses of the City that are chargeable or allocable to carry out its duties as the administrator of the CFD as allowed by the Act, which shall include without limitation, all costs and expenses arising out of or resulting from the annual levy and collection of the Special Tax (whether by the City or designee thereof or both), any litigation or appeal involving the CFD, and other administrative expenses of the City or designee thereof, or both, directly related to the CFD. Administrati ve Expenses shall al so include amounts estimated or advanced by the City or CFD for attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure as a result of delinquent Special Taxes.
“Administrator” means an offici al of the City, or d esignee thereof, responsible for determining the annual amount of the levy and collection of the Special Taxes.
“Approved Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1
st preceding the Fiscal Year in which
the Special Tax is being levied, and (ii) that have not been issued a Building Permit prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Assessor” means the Assessor of the County.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating Parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means the number assigned to a lot or Parcel for purposes of identification as determined from an Assessor Parcel Map or the applicable assessment roll.
“Base Year” means the Fiscal Year ending June 30, 2023.
“Boundary Map” means a recorded map of the CFD which indicates by a boundar y line the extent of the territory identified to be subject to the levy of Special Taxes.
"Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, "Buildin g Permit" shall not in clude any subsequent Build ing Permits issued or changed after the first issuance.
“CFD” means Community Facilities District No. PS 2022 -005 (PUBLIC SAFETY, GOLDENWEST) of the City of Jurupa Valley.
“City” means the City of Jurupa Valley, California.
“Consumer Price Inde x” means the C onsumer Price Index published by the U.S.
Bureau of Labor Statistic for “All Urban Consumers in the Riverside -San Bernardino- Ontario Area, measured as of the month of April in the Calendar Year which ends in the previous Fiscal Year. In the event this i ndex ceases to be published, the Consumer Price Index shall be another index as determined by the Administrator that is reasonably comparable to the Consumer Price Index f or the Riverside -San Bernardino- Ontario Area.
“Council” means the City Council of th e City acting as the legislative body of the CFD.
“County” means the County of Riverside, California.
“Developed Property” means all Parcels of Taxable Property: ( i) that are included in a Final M ap that was recorded pri or to Januar y 1
st preceding the Fiscal Year in which
the Special Tax is being levied, and (ii) for which a Building Permit for new construction has been issued prior to April 1
st preceding the Fiscal Year in which the Special Tax is being levied.
“Dwelling Unit” or “(D/U) ” means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator.
“Exempt Property” means any Parcel w hich is exempt from Special Taxes pursuant to Section E., below.
“Final Map” means a subdivision of property by recordation of an Assessor’s Parcel Map or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condomini um plan pursuant t o California Civil Code 1352 that creates individual lots for which Building Permits may be issued without further subdivision.
“Fiscal Year” means the 12 month period starting on July 1 of any calendar year and ending the following June 30.
“Incidental Expenses” means the cost s associated with formation of the District, determination of the amount of the Special Tax, collection of the Special Tax, payment of the Special Tax, costs incurred in order to carry out the authorized purpos es of the District, and the costs of engineering, inspecting, coordinating, completing, planning and designing the Services, including the costs of any environmental evaluations.
“Land Use Class” means any of the classes listed in Table 1 of Section C. below.
“Maximum Special Tax” means for each Parcel in each Fiscal Year, the greatest amount of Special Tax, determined in accordance with Section C, below, which may be levied on such Parcel in such Fiscal Year
“Multifamily Residential Property ” means all Parcels of Developed Property that consists of a building or buildings comprised of attached Dwelling Units available for rental by the general public, not for sale to an end user, and under common management.
“Non-Residential Property ” means all Parcels of Developed Property for which a Building Permit was issued, permitting the construction of one or more non- residential structures.
“Parcel(s)” means a lot or parcel within the CFD shown on an Assessor’s Parcel Map with an assigned Assess or’s Parcel Number valid as of July 1 st for the Fisc al Year for
which the Special Tax is being levied.
“Property Owner’s Association Property ” means all Parcels which have been conveyed, dedicated to, or irrevocably offered for dedication to a property owner association, inclu ding any mas ter or sub- association, prior to April 1 st preceding the
Fiscal Year in which the Special Tax is being levied.
“Proportionately” means for Parcels of Taxable Property that are (i) Sing le Family Property, that the rati o of t he actual Special Tax levy to Maximum Special Tax is the same for all Parcels of Single Family Property , (ii) Multifamily Residential Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Multifamily Residential Property, and (iii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property.
“Public Property” means all Parcels which, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied, are (i) used for rights-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State, the County, City or any other public agency, provided, however, that any pr operty leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use; or (ii) encumbered by an unmanned utility easement making imprac tical its utilizat ion for other than the purpose set forth in the easement.
“Residential Property” means all Parcels of Developed Property for which a Building Permit has been issued permitting the construction of one or more residential Dwelling Units.
“Single Family P roperty” means all Parcels of Residential Property, other than Multifamily Residential Property.
“Special Tax(es)” means the Special Tax to be levied in each Fiscal Year on each Parcel of Taxable Property in accordance with Section D.
“Special Tax Requirement” means for each Fis cal Year, that amount required to: (i) pay the estimated cost of Special Tax Services for such Fiscal Year as determined by the City; (ii) pay amount required to establish or replenish any reserv e fund established in connection with the CFD, (iii) pay Adm inistrative Expenses; (iv) pay for the actual or anticipated shortfall due to Special Tax delinquencies in the current or prior Fiscal Year; and (v) less a credit for funds available to reduce the annual Special Tax l evy as determined by the Administrator.
“Special Tax Services” means t he cost associat ed with providing law enforcement services, including but not limited to (i) the cost s of contracting services, (ii) equipment, vehicles, supplies, (i ii) the salaries and benefits of City staf f that directly provide law enforcement services, ( iv) City over head costs associated with providing such services within the District, (v ) all other services necessary or useful for, or in connection with, the authorized serv ices listed above, including building a reserv e fund for replacement and maintenance and for anticipated operating cost shortfalls , and (vi ) Incidental Expenses.
“State” means the State of California.
“Taxable Property” means all Parcels within the boundary of the CFD pursuant to the Boundary Map which are not exempt from the Special Tax pursuant to Section E., below.
“Taxable Unit” means either a Dwelling Unit or an Acre, as shown in Table 1.
“Undeveloped Property” means all Parcels of Taxable P roperty not classi fied as Developed Property, Approved Property, Public P roperty or Property Owner’s Association Property.
B. ASSIGNMENT TO LAND USE CLASS
Each Fiscal Year, commencing with Fiscal Year 2023- 2024, all Parcels of Taxable Property shall be c lassified as either Developed Property, Approved Property, Undeveloped Property, Public Property or Property Owner’s Association Property, and subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.
Parcels of Develo ped Property shall further be classified as Residential Property or Non-Residential Property. Parcels of Residential Property shall further be classified as Single Family Property or Multifamily Residential Property.
C. MAXIMUM SPECIAL TAX RATES
1. Developed Property
The Maximum Special Tax that may be levied and escalated, as explained further in Section C.1. (a) below , in any Fiscal Year for each Parcel classified as Developed Property shall be determined by reference to Table 1 below.
TABLE 1
Maximum Special Tax Rates for Developed
Property for Fiscal Year 2023-2024
Land
Use
Class
Description Taxable
Unit
Maximum
Special Tax per
Taxable Unit
1 Single Family Residential Property
D/U
Dwelling
Unit $ 220.00
2 Multifamily Residential Property
Dwelling
Unit $ 180.00
(a)
Increase in the Maximum Special Tax
On each July 1, following the Base Year, the Maximum Special Tax, identified in Table 1, above, shall be increased annually, commencing July 1, 202 4, based on the percentage increase in th e Consumer Price Index w ith a maximum annual increase of six percent (6%) and a minimum annual increase of two percent ( 2%) of the Maximum Special Tax in effect in the previous Fiscal Year.
(b)
Multiple Land Use Classes
In some instances, a Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax that may be levied on such Parcel shall be the sum of the Maximum Special Tax that can be levied for each Land Use Class located on that Parcel. For a Parcel that contains more than one Land
Use Class, the Acreage of such Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such P arcel. The Administrator’s allocation to each Land Use Class shall be final.
2. Approved Property
The Maximum Special Tax that may be levied and escalated, as explained further in Section C. 2. (a) below, in any Fiscal Year for each P arcel classified as Approved Property shall be determined by reference to Table 2 below.
TABLE 2
Maximum Special Tax Rates for Approved
Property for Fiscal Year 2023-2024
Land
Use
Class
Description Taxable
Unit
Maximum
Special Tax per
Taxable Unit
3 Approved Property Lot $ 100.00
(a) Increase in the Maximum Special Tax
On each July 1, following the Base Year, the Maximum Special Tax, identified in Table 1, above, shall be increased annually, commencing July 1, 202 4, based on the percentage inc rease in the Consumer Price Index w ith a maximum annua l increase of six percent (6%) and a minimum annual increase of two percent ( 2%) of the Maximum Special Tax in effect in the previous Fiscal Year.
3. Undeveloped Property
No Special Tax shall be levied on Undeveloped Property.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2023- 2024 and for each following Fiscal Year, the Administrator shall levy the Special Tax on all Taxable Property until the amount of Special Tax equal s the Special Tax Requir ement in ac cordance with the following steps:
First
: The Special Tax shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax as needed to satisfy the Special Tax Requirement; and
Second
: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levi ed Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Spec ial Tax for Approved Proper ty. Notwit hstanding the forgo ing sentence, no Special Tax shall be levied on Approved Property to fund items (ii) and (iii) of the Special Tax Requirement.
E.
EXEMPTIONS
The CFD shall not levy Special Taxes on Public Property and Property Owner’s Association Property within the CFD. Exempt Property status will be assigned by the Administrator in the chronological order in which Parcels becomes Public Property and/or Property Owner’s Association Property. Parcels which cannot be classified as Exempt will continue to be classified as Taxable Property, and will continue to be subject to Special Taxes accordingly.
F.
MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the sam e penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the Administrator may directly bill t he Special Tax, may collect Special Taxes at a different time or in a different manner if neces sary to meet the financial obligations of the CFD, and provided further that the CFD may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act.
G. APPEALS
Any taxpayer may file a wr itten appeal of the Special Tax on his/her Parcel(s) with the Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes must be paid on or before the payment due date establ ished when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The Administrator shall review the appeal, meet wi th the appellant if the Administrator deems necessary, and advise the appellant of i ts determination. If the A dministrator agrees with the appellant, the Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Parcel(s). No refunds of previously paid Special Taxes shall be made.
The Administrat or shall in terpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Spec ial Tax and any taxpayer who appeals, as herein specified.
H.
TERM OF THE SPECIAL TAX
The Special Tax shall be levi ed annually in perpetuity unle ss terminated earlier by the City.
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RESOLUTION NO. 2023-06
A RESOLUTION OF THE CI TY COUNCIL OF THE CI TY OF JURUPA
VALLEY, CALIFORNIA, CALLING A SPECIAL EL ECTION AND
SUBMITTING TO THE QUALIFIED ELECTORS OF CITY OF JURUPA
VALLEY COMMUNITY FACILITIES DISTR ICT NO . PS 2022 -005 (PUBLIC SAFETY, GOLDENWEST) PROPOSITIONS REGARDING THE
ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AND THE
ANNUAL LEVY OF A SPECIAL TAX WITHIN THE COMMUNIT Y
FACILITIES DISTRICT
WHEREAS, on January 19th, 2023, the City Council (the “City Council”) of the City of Jurupa Valley (the “City”) held a public hearing (the “Public Hearing”) on the establishment of Community Facilities District No . PS 2022 -005 (PUBLIC SAFETY, GOLDENWEST) (the “District”); and
WHEREAS, following the Public Hearing, the City Council adopted a resolution entitled “Resolution of Formation of the City Council of the City of Jurupa Valley to Establish City of Jurupa Valley Community Facilities District No . PS 2022 -005 (PUBLIC SAFETY, GOLDENWEST), to Establish an Appropriations Limit therefore, to Authorize the Levy of a Special Tax therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof ” (the “Resolution of Format ion”) ordering the formation of the District, and subject to approval of the qualified electors of the District, authorizing the levy of a special tax (the “Special Tax”) on property within the District and establishing an appropriations limit for the Dist rict, pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the “Act”); and
WHEREAS, pursuant to the Resolution of Formation, the propositions relating to the levy of the Special Tax and the establishment of an appropriations limit will be submitted to the qualified electors of the District as required by the Act; and
WHEREAS, the City Clerk has advised the City Council that she has received a statement from the Registrar of Voters of the County of Riverside that no persons are registered to vote in the territory of the District; and
WHEREAS, the City Clerk has advised the City Council th at she has received a Consent and Waiver from each and every landowner within the District, pursuant to which the each landowner has expressly waived certain requirements related to the conduct of the election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY HEREBY RESOLVES AS FOLLOWS:
SECTION 1. Recitals. The above recitals are all true and correct.
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SECTION 2. Call of Election. The City Council hereby calls and schedules a special election for January 19th, 2023, to consider the proposition described in Section 3 below.
SECTION 3. Proposition.
a. Pursuant to Sections 53325.7, 53326 and 53353.5 of the Act, the proposition relating to the levy of the Special Tax and the proposition relating to the establishment of the appropriations limit shall be combined into one ballot proposition and shall be submitted to the qualified electors of the District as required by the Act.
b. If the combined proposition for the levy of the Special Tax and the establishment of the appropriations limit receives the approval of more than two-thirds of the votes cast on the proposition, the Special Tax may be levied and the appropriations limit may be established as provided for in the Resolution of Formation.
c. The amount, method of collection and purpose of the Special Tax are specified in the Resolution of Formation, on f ile in the office of the City Clerk and by this reference incorporated herein.
d. The proposition to be submitted to the voters of the District at such special election shall be as follows:
“Shall special taxes with a rate and method of apportionment as s et forth in Exhibit “B” to the resolution entitled “Resolution of Formation of the City Council of the City of Jurupa Valley to Establish City of Jurupa Valley Community Facilities District No .
PS 2022-005 (PUBLIC SAFETY, GOLDENWEST), to Establish an Appropriations Limit therefor, to Authorize the Levy of a Special Tax Therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof” (the “Resolution of Formation”) be levied annually on taxable property within City of Jurupa Valley Community Facilities District No. PS 2022-005 (PUBLIC SAFETY, GOLDENWEST), to pay for law enforcement protection services, costs of contracting services, equipment, vehicles, supplies, salaries and benefits, overhead costs, collection and accumulation of funds, all other services necessary or useful for, or in connection with, the foregoing services, including building a reserve fund for replacement, and incidental expenses thereto, and shall the appropriations limi t be established, all as set forth in Exhibit “A” and Exhibit “B” to the Resolution of Formation?
SECTION 4 . Electors Determined . The City Council finds that 12 persons have not been registered to vote within the territory of the District for each of the 90 days preceding the close of the Public Hearing and that pursuant to Section 53326 of the Act, the vote in the s pecial election called by this R esolution shall be by the landowners of the District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall -3-
have one vote for each acre, or portion thereof, which he or she owns within the District which would be subject to the proposed special taxes if they were levied at the time of the election.
SECTION 5. Conduct of Election. Except as otherwise provided in Section 6 hereof, the special election shall be conducted by the City Cle rk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they may be applicable.
SECTION 6. Election Procedures.
a. The procedures to be followed in conducting the special election on the proposition described in Section 3 shall be as provided in the Resolution of Formation. It is hereby acknowledged that the City Clerk has on file a copy of the Resolution of Formation.
b. The City Council hereby finds that the qualified electors of the District have waived the time limits for conducting the special election by unanimous written consent.
SECTION 7. Concurrence of City Clerk. The City Council h ereby finds and determines that the City Clerk has concurred in the shortened time for the election, pursuant to Section 53326 of the Act.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 19th day of January, 2023.
______________________________
Chris Barajas
Mayor
ATTEST:
_______________________________
Victoria Wasko, CMC
City Clerk
-4-
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF JURUPA VALLEY )
I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2023 -06, was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 19th day of January, 2023 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 19th day of January, 2023.
Victoria Wasko, City Clerk
City of Jurupa Valley
-1-
12774-0005\1942425v1.doc
RESOLUTION NO. 2023-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF JURUPA VALLEY , CALIFORNIA, DECLARING THE
RESULTS OF A SPECIAL ELECTION IN CITY OF JURUPA
VALLEY COMMUNITY FACILITIES DISTRICT NO. PS
2022-005 (PUBLIC SAFETY, GOLDENWEST) AND
DIRECTING THE RECORDING OF A NOTICE OF
SPECIAL TAX LIEN
WHEREAS, in proceedings heretofore conducted by the City Council of the City of Jurupa Valley (the “City Council”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Sect ion 53311, of the California Government Code (the “ Act”), the City Council adopted Resolution No. 2023-06 on January 19, 2023, entitled “Resolution of the City Council of the City of Jurupa Valley Calling a Special Election and Submitting to the Qualified Electors of City of Jurupa Valley Community Facilities District No. PS 2022 -005 (PUBLIC SAFETY, GOLDENWEST) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a Special Tax within the Community Facilities District” (the “Resolution Calling Election”), calling for a special election (the “Special Election”) of the qualified electors within Community Facilities District No. PS 2022-005 (Public Safety, GOLDENWEST); and
WHEREAS, pursuant to the terms of the Resolution Calling Election, which are by this reference incorporated herein, the Special Election was held on January 19, 2023 , and the City Clerk has on file a Certificate of the City Clerk as to the Result s of the Canvass of the Election Returns (the “Certificate”), a copy of which is attached hereto as Exhibit A and by this reference incorporated herein; and
WHEREAS, this City Council has reviewed said Certificate and hereby approves it;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY HEREBY RESOLVES AS FOLLOWS:
1. Recitals. The above recitals are all true and correct.
2. Ballot Measure. The ballot measure (the “Ballot Measure”) presented to the qualified electors is set forth in Exhibit B attached hereto and by this reference incorporated herein.
3. Election Results. The results of the Special Election are as set forth in the Certificate on file with the City Clerk and attached hereto as Exhibit A . Pursuant to the Certificate, the Ballot Measure presented at the Special Election was approved by the qualified electors of the District.
4. Ballot Measure Authorized. This City Council, acting in it capacity as legislative body of the District, is hereby authorized to levy on the land within the District the special tax described in the Ballot Measure for the purposes described therein and to take the necessary -2-
12774-0005\1942425v1.doc
steps to levy the special tax authorized by the Ballot Measure. The appropriations limit as specified in the Ballot Measure is hereby established.
5. Finding of Validity. It is hereby found that all prior proceeding and actions taken by this City Council with respect to the District were valid and in conformity with the Act.
6. Notice of Special Tax Lien. The City Clerk is hereby directed to record in the office of the County Recorder of the County of Riverside within fifteen days of the date hereof a notice of sp ecial tax lien with respect to the District in substantially the form required by California Streets and Highways Code Section 3114.5.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 19th day of January, 2023.
______________________________
Chris Barajas
Mayor
ATTEST:
_______________________________
Victoria Wasko, CMC
City Clerk
-3-
12774-0005\1942425v1.doc
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF JURUPA VALLEY )
I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2023 -07, was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 19th day of January, 2023 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 19th day of January, 2023.
Victoria Wasko, City Clerk
City of Jurupa Valley
A-1
12774-0005\1942425v1.doc
EXHIBIT A
CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2022-005
(Public Safety, GOLDENWEST)
CERTIFICATE OF THE CITY CLERK AS TO THE
RESULTS OF THE CANVAS OF THE ELECTION RETURNS
I, Victoria Wasko, City Clerk of the City of Jurupa Valley, hereby certify that I canvassed the returns of the Special Election in the City of Jurupa Valley Community Facilities District No. PS 2022-005 (Public Safety, GOLDENWEST), and that the election was held in the City Council Chamber at 8930 Limonite Avenue, Jurupa Valley, CA on January 19, 2023.
I further certify that the total number of ballots cast in said election and the total number of votes cast for and against the measure are full, true and correct:
Community Facilities District No. PS 2022-005
(PUBLIC SAFETY, GOLDENWEST) Special
Tax Election, January 19, 2023
Qualified
Eligible
Voters
Votes
Cast Yes No
Ballot Measure
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND thi s 19th day of January 2023.
By: __________________________
City Clerk
City of Jurupa Valley
B-1
EXHIBIT B
Ballot Measure:
“Shall special taxes with a rate and method of apportionment as set forth in Exhibit “C” to the resolution entitled “Resolution of Formation of the City Council of the City of Jurupa Valley, California, to Establish City of Jurupa Valley Community Faciliti es District No.
PS 2022 -005 (Public Safety, GOLDENWEST), to Establish an Appropriations Limit therefor, to Authorize the Levy of a Special Tax Therein, and to Submit the Establishment of an Appropriations Limit and the Levy of Special Taxes to the Qualifie d Electors Thereof” (the “Resolution of Formation”) be levied annually on taxable property within City of Jurupa Valley Community Facilities District No. PS 2022 -005 (Public Safety, GOLDENWEST), to pay for law enforcement protection services, costs of cont racting services, equipment, vehicles, supplies, salaries and benefits, overhead costs, collection and accumulation of funds, all other services necessary or useful for, or in connection with, the foregoing services, including building a reserve fund for r eplacement, and incidental expenses thereto, and shall the appropriations limit be established, all as set forth in Exhibit “A” and Exhibit “B” to the Resolution of Formation?”
1 RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY OF JURUPA VALLEY
8930 Limonite Ave.
Jurupa Valley CA 92509
Attention: City Clerk
NOTICE OF SPECIAL TAX LIEN
CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2022-005 (PUBLIC SAFETY, GOLDENWEST)
Pursuant to the requirements of Section 3114.5 of the California Streets and Highways Code and the Mello -Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the “Act”), the undersigned City Clerk of the City of Jurupa Valley, County of Riverside, State of California, hereby gives notice (the “Notice”) of the foregoing and that a lien to secure payment of a special tax is hereby imposed by the City Council of the City of Jurupa Valley, County of Riverside, State of California. The special tax secured by this lien is authorized to be levied for the purpose of providing the services, including incidental expenses, described in Exhibit “A” attached hereto and incorporated by this reference herein.
The special tax is authorized to be levied within the City of Jurupa Valley Community Facilities District No. PS 2022-005 (Public Safety, Goldenwest) (the “District”), which has now been officially formed and the lien of special tax is a continuing lien which shall secure each annual levy of the special tax and which shall continue in force and effect until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with the Section 53330.5 of the Act.
The rate, method of apportionment, and manner of collection of the authorized special tax is as set forth in the rate and method of apportionment of the special tax (the “Rate and Method”) attached hereto as Exhibit “B” and by this reference incorporated h erein. The Rate and Method does not provide for prepayment of the special tax obligation.
Notice is further given that upon the recording of this Notice in the office of the County Recorder of the County of Riverside, the obligation to pay the special tax levy shall become a lien upon all nonexempt real property within the District, in accordance with Section 3115.5 of the California Streets and Highways Code.
The names of the owners and the assessor’s tax parcel numbers of the real property included within the District are as set forth in Exhibit “C” attached hereto and by this reference made a part hereof.
2 Reference is made to the boundary map of the District recorded in Book ____ of Maps of Assessment and Community Facilities Districts at Page 94 in the office of the County Recorder for the County of Riverside, State of California, as Document No. 2023-__________ which map is the final boundary map of the District.
For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the City Engineer at the City of Jurupa Valley, 8930 Limonite Ave., Jurupa Valley, CA 92509, phone (951) 332-6464.
Dated: January 19, 2023
By: __________________________
Victoria Wasko, CMC
City Clerk of the City of Jurupa Valley
A-1
EXHIBIT “A”
DESCRIPTION OF SERVICES
The services (the “Services”) described below are proposed to be financed by City of Jurupa Valley Community Facilities District No. 2022-005 (Public Safety, Goldenwest) (the “CFD”).
Special Tax Services for cost associated with providing law enforcement services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, supplies, (iii) the salaries and benefits of City staff that directly provide law enforcement services, (iv) City overhead costs associated with providing such services within the District, (v) all other services necessary or useful for, or in co nnection with, the authorized services listed above, including building a reserve fund for replacement and maintenance and for anticipated operating cost shortfalls, and (vi) Incidental Expenses.
B-1
EXHIBIT “B”
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2022-001 (PUBLIC SAFETY,
GOLDENWEST)
OF THE CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
A Special Tax (all capitalized terms are defined in Section A., “Definitions, below) shall be applicable to each Parcel of Taxable Property located within the boundaries of Community Facilities District No. PS 2022-005 (Public Safety, Goldenwest). The amount of Special Tax to be levied on a Parcel in each Fiscal Year, commencing in Fiscal Year 2023-2024, shall be determined by the City Council of the City of Jurupa Valley, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax as set forth in Sections B., C., and D., below. All of the real property within the CFD, unless exempted by law or by the provisions of Section E. below, 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 a Parcel as indicated on the most recent Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area shown on the applicable Final Map, condominium plan, or other recorded County map or the land area calculated to the reasonable satisfaction of the Administrator using the boundaries set forth on such map or plan. The square footage of a Parce l is equal to the Acreage of such Parcel multiplied by 43,560.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means all actual or reasonably estimated costs and expenses of the City that are chargeable or allocable to carry out its duties as the administrator of the CFD as allowed by the Act, which shall include without limitation, all costs and expenses arising out of or resulting from the annual levy and collection of the Special Tax (whether by the City or designee thereof or both), any litigation or appeal involving the CFD, and other administrative expenses of the City or designee thereof, or b oth, directly related to the CFD. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD for attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure as a result of delinquent Special Taxes.
“Administrator” means an official of the City, or designee thereof, responsible for determining the annual amount of the levy and collection of the Special Taxes.
B-2
“Approved Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a Building Permit prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Assessor” means the Assessor of the County.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating Parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means the number assigned to a lot or Parcel for purposes of identification as determined from an Assessor Parcel Map or the applicable assessment roll.
“Base Year” means the Fiscal Year ending June 30, 2024.
“Boundary Map” means a recorded map of the CFD which indicates by a boundary line the extent of the territory identified to be subject to the levy of Special Taxes.
"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" shall not include any subsequent Building Permits issued or changed after the first issuance.
“CFD” means Community Facilities District No. PS 2022-005 (Public Safety, Goldenwest) of the City of Jurupa Valley.
“City” means the City of Jurupa Valley, California.
“Consumer Price Index” means the Consumer Price Index published by the U.S. Bureau of Labor Statistic for “All Urban Consumers in the Riverside -San Bernardino -Ontario Area, measured as of the month of April in the Calendar Year which ends in the previous Fiscal Year.
In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the Administrator that is reasonably comparable to the Consumer Pr ice Index for the Riverside-San Bernardino-Ontario Area.
“Council” means the City Council of the City acting as the legislative body of the CFD.
“County” means the County of Riverside, California.
“Developed Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to January 1 st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) for which a Building Permit for new construction has been issued prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Dwelling Unit” or “(D/U) ” means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator.
B-3
“Exempt Property” means any Parcel which is exempt from Special Taxes pursuant to Section E., below.
“Final Map” means a subdivision of property by recordation of an Assessor’s 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 1352 that creates individual lots for which Building Permits may be issued without further subdivision.
“Fiscal Year” means the 12 month period starting on July 1 of any calendar year and ending the following June 30.
“Incidental Expenses” means the costs associated with formation of the District, determination of the amount of the Special Tax, collection of the Special Tax, payment of the Special Tax, costs incurred in order to carry out the authorized purposes of the District, and the costs of engineering, inspecting, coordinating, completing, planning and designing the Services, including the costs of any environmental evaluations.
“Land Use Class” means any of the classes listed in Table 1 of Section C. below.
“Maximum Special Tax” means for each Parcel in each Fiscal Year, the greatest amount of Special Tax, determined in accordance with Section C, below, which may be levied on such Parcel in such Fiscal Year
“Multifamily Residential Property” means all Parcels of Developed Property that consists of a building or buildings comprised of attached Dwelling Units available for rental by the general public, not for sale to an end user, and under common management.
“Non-Residential Property” means all Parcels of Developed Property for which a Building Permit was issued, permitting the construction of one or more non-residential structures.
“Parcel(s)” means a lot or parcel within the CFD shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number valid as of July 1 st for the Fiscal Year for which the Special Tax is being levied.
“Property Owner’s Association Property” means all Parcels which have been conveyed, dedicated to, or irrevocably offered for dedication to a property owner association, including any master or sub-association, prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Proportionately” means for Parcels of Taxable Property that are (i) Single Family Property, that the ratio of the actual Special Tax levy to Maximum Special Tax is the same for all Parcels of Single Family Property, (ii) Multifamily Residential Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Multifamily Residential Property, and (iii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property.
B-4
“Public Property” means all Parcels which, as of April 1 st preceding the Fiscal Year in which the Special Tax is be ing levied, are (i) used for rights -of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State, the County, City or any other public agency, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use; or (ii) encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
“Residential Property” means all Parcels of Developed Property for which a Building Permit has been issued permitting the construction of one or more residential Dwelling Units.
“Single Family Property” means all P arcels of Residential Property, other than Multifamily Residential Property.
“Special Tax(es)” means the Special Tax to be levied in each Fiscal Year on each Parcel of Taxable Property in accordance with Section D.
“Special Tax Requirement” means for each Fiscal Year, that amount required to: (i) pay the estimated cost of Special Tax Services for such Fiscal Year as determined by the City; (ii) pay amount required to establish or replenish any reserve fund established in connection with the CFD, (iii) pay Administrative Expenses; (iv) pay for the actual or anticipated shortfall due to Special Tax delinquencies in the current or prior Fiscal Year; and (v) less a credit for funds available to reduce the annual Special Tax levy as determined by the Administrator.
“Special Tax Services” means the cost associated with providing law enforcement services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, supplies, (iii) the salaries and benefits of City staff that directly provide law enforcement services, (iv) City overhead costs associated with providing such services within the District, (v) all other services necessary or useful for, or in connection with, the authorized services listed above, includin g building a reserve fund for replacement and maintenance and for anticipated operating cost shortfalls, and (vi) Incidental Expenses.
“State” means the State of California.
“Taxable Property” means all Parcels within the boundary of the CFD pursuant to the Boundary Map which are not exempt from the Special Tax pursuant to Section E., below.
“Taxable Unit” means either a Dwelling Unit or an Acre, as shown in Table 1.
“Undeveloped Property” means all Parcels of Taxable Property not classi fied as Developed Property, Approved Property, Public Property or Property Owner’s Association Property.
B-5
B. ASSIGNMENT TO LAND USE CLASS
Each Fiscal Year, commencing with Fiscal Year 2023-2024, all Parcels of Taxable Property shall be classified as eit her Developed Property, Approved Property, Undeveloped Property, Public Property or Property Owner’s Association Property, and subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.
Parcels of Developed Property shall further be classified as Residential Property or Non - Residential Property. Parcels of Residential Property shall further be classified as Single Family Property or Multifamily Residential Property.
C. MAXIMUM SPECIAL TAX RATES
1. Developed Property
The Maximum Special Tax that may be levied and escalated, as explained further in Section C.1. (a) below, in any Fiscal Year for each Parcel classified as Developed Property shall be determined by reference to Table 1 below.
TABLE 1
Maximum Special Tax Rates for Developed
Property for Fiscal Year 2023-2024
Land
Use
Class
Description Taxable
Unit
Maximum Special
Tax per Taxable
Unit
1 Single Family Residential Property
D/U
Dwelling
Unit $ 220.00
2 Multifamily Residential Property
Dwelling
Unit $ 180.00
(a) Increase in the Maximum Special Tax
On each July 1, following the Base Year, the Maximum Special Tax, identified in Table 1, above, shall be increased annually, commencing July 1, 202 3, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the Maximum Special Tax in effect in the previous Fiscal Year.
(b) Multiple Land Use Classes
B-6
In some instances, a Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax that may be levied on such Parcel shall be the sum of the Maximum Special Tax that can be levied for each Land Use Class located on that Parcel. For a Parcel that contains more than one Land Use Class, the Acreage of such Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Parcel. The Administrator’s allocation to each Land Use Class shall be final.
2. Approved Property
The Maximum Special Tax that may be levied and escalated, as explained further in Section C.2. (a) below, in any Fiscal Year for each Parcel classified as Approved Property shall be determined by reference to Table 2 below.
TABLE 2
Maximum Special Tax Rates for Approved
Property for Fiscal Year 2023-2024
Land
Use
Class
Description Taxable
Unit
Maximum Special
Tax per Taxable
Unit
3 Approved Property Lot $ 100.00
(a) Increase in the Maximum Special Tax
On each July 1, following the Base Year, the Maximum Special Tax, identified in Table 1, above, shall be increased annually, commencing July 1, 202 3, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (3%) of the Maximum Special Tax in effect in the previous Fiscal Year.
3. Undeveloped Property
No Special Tax shall be levied on Undeveloped Property.
B-7
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2023-2024 and for each following Fiscal Year, the Administrator shall levy the Special Tax on all Taxable Property until t he amount of Special Tax equals the Special Tax Requirement in accordance with the following steps:
First: The Special Tax shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax as needed to satisfy the Special Tax Requirement; and
Second: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax for Approved Property. Notwithstanding the forgoing sentence, no Special Tax shall be levied on Approved Property to fund items (ii) and (iii) of the Special Tax Requirement.
E. EXEMPTIONS
The CFD shall not levy Special Taxes on Public Property and Property Owner’s Association Property within the CFD. Exempt Property status will be assigned by the Administrator in the chronological order in which Parcels becomes Public Property and/or Property Owner’s Association Property. Parcels which cannot be classified as Exempt will continue to be classified as Taxable Property, and will continue to be subject to Special Taxes accordingly.
F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the 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 the CFD, and provided further that the CFD may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act.
B-8
G. APPEALS
Any taxpayer may file a written appeal of the Special Tax on his/her Parcel(s) with the Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes must be paid on or before the payment due date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The Administrator shall review the appeal, meet with the appellant if the A dministrator deems necessary, and advise the appellant of its determination. If the Administrator agrees with the appellant, the Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Parcel(s). No refunds of pr eviously paid Special Taxes shall be made.
The Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Tax and any taxpayer who appeals, as herein specified.
H. TERM OF THE SPECIAL TAX
The Special Tax shall be levied annually in perpetuity unless terminated earlier by the City.
C-1
EXHIBIT “C”
NAMES OF THE OWNERS AND ASSESSOR’S PARCEL NUMBERS
OF THE REAL PROPERTY WITHIN DISTRICT
Owner Assessor's Parcel Numbers
Investment City, LLC 182-361-009
-1-
ORDINANCE NO 2023-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTRICT NO . PS 2022 -005 (PUBLIC SAFETY,
GOLDENWEST) AUTHORIZING THE LEVY OF A SPECIAL TAX
THEREIN
RECITALS:
WHEREAS, the City Council of the City of Jurupa Valley (the “City Council”), has previously adopted Resolution No. 2022-119 entitled “ A Resolution of Intention of the City Council of the City of Jurupa Valley, California, to Establish City of Jurupa Valley Community Facilities District No. PS 2022-005 (PUBLIC SAFETY, GOLDENWEST) and to Autho rize the Levy of a Special Tax within City of Jurupa Valley Commun ity Facilities District No. PS 2022- 005 (PUBLIC SAFETY, GOLDENWEST)” (the “Resolution of Intention”), stating its intention to conduct proceedings to form City of Jurupa Valley Community Facilities District No. PS 2022- 005 (PUBLIC SAFETY, GOLDENWEST) (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the “Act”) to finance certain services (the “Services”) including incidental expenses, to serve the CFD; and
WHEREAS, the Resolution of Intention set January 19, 2023 , at 7:00 p.m., or as soon thereafter as practical, as the date of a public hearing on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the proposed rate and method of apportionment of the special tax within the CFD (the “Rate and Method”); and WHEREAS, a notice of public hearing was published and mailed to all landowners proposed to be included in the CFD in accordance with the Act; and WHEREAS, at the public hearing , evidence was presented to the City Council on such matters before it, including a special report (the “Report”) describing the services necessary to adequately meet the needs of the CFD and the estimated costs of financing such Services as required by Section 53321.5 of the Act; and
WHEREAS, at the public hearing , all persons desiring to be heard on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the Rate and Method were heard and a full and fair hearing was held; and WHEREAS, subsequent to the public hearing, the City Council adopted a resolution entitled “Resolution of Formation of the City Council of the City of Jurupa Valley to Establish City of Jurupa Valley Community Facilities District No. PS 2022 -005 (PUBLIC SAFETY, GOLDENWEST), to Establish an Appropriations Limit therefor, to Authorize the Levy of a -2-
Special Tax therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors thereof” (the “Resolution of Formation”) which established the CFD and authorized the levy of a special tax within the CFD; and WHEREAS, subsequent to the public hearing, the City Council also adopted a resolution entitled “Resolution of the City Council of the City of Jurupa Valley Calling a Special Election and Submitting to the Qualified Electors of City of Jurupa Valley Community Facilities District No. PS 2022 -005 (PUBLIC SAFETY, GOLDENWEST) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a Special Tax Within the Community Facilities District” (the “Resolution Calling Election”) which called a special election of the qualified electors within the CFD; and
WHEREAS, pursuant to the terms of the Resolution Calling Election, an election was held in which qualified electors of the CFD approved the establishment of an appropriations limit for the CFD and the levy of a special tax (the “Special Tax”) within the CFD; and WHEREAS, on January 19, 2023 , the City Council adopted a resolution entitled “Resolution of the City Council of the City of Jurupa Valley Declaring the Results of a Special Election in the City of Jurupa Valley Community Facilities District No. PS 2022-005 (PUBLIC SAFETY, GOLDENWEST) and Directing the Recording of a Notice of Special Tax Lien ” (the “Resolution Declaring Results of Election”) which certified the results of the January 19, 2023 election conducted by the City Clerk, which results showed that more than two-thirds of the votes cast in the CFD were in favor of the proposition to levy the Special Tax and the proposition to establish an appropriations limit for the CFD;
NOW, THEREFOR E, THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES HEREBY ORDAIN AS FOLLOWS:
1. Recitals. The above recitals are all true and correct.
2. Authorization of the Levy of a Special Tax . By the passage of this Ordinance, the City Council authorizes the levy of the Special Tax in the CFD in accordance with the Rate and Method set forth in the Exhibit “B” to the Resolution of Formation, which is on file in the office of the City Clerk and incorporated by reference herein.
3. Annual Rate Determination. The Cit y Council is hereby further authorized to determine on or before August 10 each year, or such other date as is established by law or by the County Auditor-Controller of the County of Riverside, the specific Special Tax to be levied on each parcel of land i n the CFD, except that special taxes to be levied shall not exceed the maximum rates set forth in the Rate and Method, but the special tax may be levied at a lower rate.
-3-
4. Exempt Property. Except as provided in Section 53340.1 of the Act and except for properties that a local agency is a landowner of within the meaning of subdivision (f) of Section 53317 of the Act, pursuant to Section 53340 of the Act, properties of entities of the state, federal and local governments shall be exempt from the levy of th e Special Tax.
Reference is hereby made to the Rate and Method for a description of other properties or entities that are expressly exempted from the levy of the Special Tax.
5. Use of Collections. All of the collections of the Special Tax shall be used only as provided by the Act and in the Resolution of Formation. The Special Tax shall be levied only so long as needed for the purposes as described in the Resolution of Formation.
6. Collection. The Special tax shall be collected in the same manner as ordinary ad valorem taxes and shall be subject to the same penalties and the same procedure, sale and lien in any case of delinquency as applicable for ad valorem property taxe s; provided, however, that the Special Tax may be collected by direct billing by the City of the property owners in the CFD or in such other manner as may be provided by the City Council. In addition, the provisions of Section 53356.1 of the Act shall apply to any delinquent Special T ax payments.
7. Authorization. The specific authorization for adoption of the Ordinance is Section 53340 of the Act.
8. Severability. If for any reason any portion of the Ordinance is found to be invalid, or if the Special Tax is found inapplicable for any particular parcel within the CFD, by a court of competent jurisdiction, the balance of this Ordinance, and the application of the Special Tax to the remaining parcels within the CFD shall not be affected.
9. Certification. The City Clerk shall certify the passage of this Ordinance and cause it to be published or posted in accordance with law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 2nd day of February, 2023.
_____________________________
Chris Barajas
Mayor
ATTEST:
______________________________
Victoria Wasko, CMC
City Clerk
-4-
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF JURUPA VALLEY )
I, Victoria Wasko, CMC, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Ordinance No. 2023 -01 was regularly introduced at a regular meeting of the City Council held on the 19 th day of January, 2023 and thereafter at a regular meeting held on the 2 nd day of February, 2023, it was duly passed and adopted by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 2nd day of February, 2023.
________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
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STAFF REPORT
DATE: JANUARY 19, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: AGENDA ITEM NO. 16.D
PUBLIC HEARING TO CONSIDER MASTER APPLICATION (MA) NO.
21060: CHANGE OF ZONE NO. 22009 FROM PUD NO. 02 TO PUD-03, AND MINOR CHANGE NO. 2 TO TENTATIVE TRACT MAP NO. 39647 – EMERALD RIDGE NORTH FOR 184 SINGLE -DETACHED HOMES ON
44 ACRES AND ADOPT AN ADDENDUM TO THE CERTIFIED EIR FOR
THE EMERALD RIDGE RESIDENTIAL PROJECT PURSUANT TO CEQA
GUIDELINES SECTION 15164 (APNS: 179-060-002, 178-070-004, -006, -007, 178-120-001, AND -002); (APPLICANT: HIGHPOINTE EMERALD RIDGE LLC)
RECOMMENDATION
1) That the City Council conduct a public hearing, receive public testimony, and adopt Resolution No. 2023-08, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY APPROVING AN ADDENDUM TO THE CERTIFIED
ENVIRONMENTAL IMPACT REPORT FOR THE EMERALD RIDGE
RESIDENTIAL PROJECT (SCH NO. 2016041020)
2) That the City Council adopt Resolution No. 2023-09, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA APPROVING MINOR CHANGE NO. 2 TO
TENTATIVE TRACT MAP NO. 36947 TO EXTEND LA CAÑADA DRIVE INTO
TRACT AS THE NEW SECONDARY POINT OF ACCESS
That the City Council conduct a first reading and introduce Ordinance No. 2023- 02, entitled:
RETURN TO AGENDA
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY APPROVING CHANGE OF ZONE NO. 22009 FROM PLANNED UNIT DEVELOPMENT (PUD) NO. 2 TO PUD -03, FOR THE PROPERTY LOCATED NORTH OF SR-60, WEST OF CANAL STREET, SOUTH OF 28TH STREET, AND EAST OF THE RIO VISTA SPECIFIC PLAN (APNS: 179-060- 002, 178-070-004, -006, -007, 178-120-001, AND -002)
BACKGROUND
On May 18, 2017, the City Council approved the Emerald Ridge project (North and South) under MA 15072 & MA 15148 (General Plan Amendment (GPA) No. 15004, Change of Zone (CZ) No. 15003, TTM 36947 & TTM 36948). The Emerald Ridge project include d two (2) tentative tract maps. The tract located to the west of Canal Street is for 184 single- family detached homes on 44 acres (Emerald Ridge North). The tract located to the east of Canal Street is for 97 single -family detached homes, and 118 condominiu m units on 24 acres (Emerald Ridge South). Both tracts combined include a total of 281 single-family detached lots and 118 condominiums on approximately 69 acres. Both tracts had an original expiration date of May 18, 2020 . Although the tentative tract map for Emerald Ridge South has expired, the tentative tract map for Emerald Ridge North has been extended.
Subsequent actions to the original approval of Emerald Ridge North are as follows:
March 25, 2020:
o Planning Commission approved the first one (1) year Extension of Time (EOT) for the tentative map with a new expiration date of May 18, 2021.
Although the map was set to expire on May 18, 2021, per AB 1561, the map was automatically extended an additional six (6) months to November 18, 2021.
o Planning Commission approved Minor Change No. 1 to TTM36947 and Amendment No. 2 to PUD-02 Development Plan. These approvals were to rescind the requirements to build a community paseo trail within the green belt along the railroad tracks due to the existence of a n on-vegetated channel that extends along the easterly boundary of Emerald Ridge North, within Lots D & E.
February 23, 2022: Planning Commission approved the second one (1) year Extension of Time (EOT) for the tentative map with a new expirat ion date of November 19, 2022.
November 9, 2022: Planning Commission approved the third one (1) year Extension of Time (EOT) for the tentative map with a new expirat ion date of November 19, 2023.
December 14, 2022: Planning Commission recommended approval of MA No. 21060 (this project) to the City Council by a vote of 4-0.
PROJECT DESCRIPTION
The applicant proposes to construct a previously approved residential community consisting of 184 single-family detached homes on approximately 44 acres of vacant land
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located north of State Route (SR) 60, west of Canal Street, south of 28th Street, and east of the Rio Vista Specific Plan (APNS: 179 -060-002, 178-070-004, -006, -007, 178-120- 001, and -002). The applicant is also proposing to extend La Cañada Drive into the tract as the new secondary point of access instead of a railroad crossing at Alta Street , and enhance the previously approved architecture, reconfigure internal circulation , and expand the open space and trail network. See Exhibit A for the proposal.
EXHIBIT A – EMERALD RIDGE NORTH CONCEPTUAL SITE PLAN
The housing mix would consist of 92 three - (3) bedroom/bathroom, and 92 four - (4) bedroom/three- (3) bathroom units; the homes would range in size from 1,378 ft2 to 2,059 ft2 on lots ranging in size from approximately 3,500 ft 2 to approximately 8,500 ft 2. All homes would be two (2) stories in height. The community would include improvements and amenities such as: two (2) parks; parking in the form of two - (2) car garages for residents, and on -street for visiting guests ; screen walls; extensive landscaping for beautification and privacy screening; and an expanded trail network.
The proposed project would require the following entitlements and plan:
1. Change of Zone: Change zoning from Planned Unit Developmen t (PUD) No. 02 to PUD-03 to enhance the previously approved architecture, reconfigure internal circulation, and expand the open space and trail network.
2. Minor Change to Tentative Tract Map: Reconfigure approved lot lines to extend La Cañada Drive into the tract as the new secondary point of access.
PROJECT LOCATION AND SURROUNDING AREA
The project site is located in the northeastern portion of the City, north of State Route (SR) 60, west of Canal Street, south of 28th Street, and east of the Rio Vista Specific Plan.
In the general neighborhood, there are residential, commercial, and industrial uses. The immediate surrounding land uses include vacant land to the north and west, single-family detached homes and vacant land to the east, and SR-60 to the south.
Nearby pending projects include the “Rio Vista” Specific Plan, “Rubidoux Commerce Park” industrial project, and the “District at Jurupa Valley” Specific Plan. “Hacienda” ( 20
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single-family detached homes on 6.7 acres) is an approved residential pro ject. See Exhibit B for site location with surrounding projects.
EXHIBIT B – SITE LOCATION WITH SURROUNDING PROJECTS
PROJECT DESIGN AND SITE LAYOUT
Architecture, Amenities, and Landscaping
The prop osed project would provide for high quality residential architecture, private amenities, and extensive landscaping that would provide beautification and privacy screening. The project would incorporate a mix of Spanish revival, Tuscan, and traditional architecture. See Exhibit C for architectural elevations. The proposed architecture would incorporate: (1) authentic colors to the proposed architectural styles, (2) a mix of materials in transition, (3) recessed doors and windows, (4) gabled roofs, and (5) articulated facades. All homes would be two (2) stories, and not exceed 35 feet in height at any point.
The proposed community would include amenities such as: an entry monument; two (2) public parks (picnic and fenced tot-lot) with shaded seating areas, play equipment, and a citrus grove; public on -street parking for visiting guests; and an expanded trail network.
See Exhibit D for the proposed parks.
The development would also include dense, drought -tolerant landscaping that would beautify the community. Each home would have a minimum of one (1) street tree, two (2) front yard trees, and private backyards separated by a six-foot high vinyl fence. The entire perimeter of the community would also be screened by a decorative six -foot high block wall.
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EXHIBIT C – PROPOSED ARCHITECTURE
EXHIBIT D – PROPOSED PARKS
Access, Off-Site Improvements, and Maintenance
The project site would have two (2) primary points of access. The northerly access point would be 28 th Street, and the southerly access point would be the newly extended La Cañada Drive originating from an existing, separately approved tract known as “Hacienda.” The original approval included a railroad crossing at Alta Street as the southerly access point; however, as the Applicant is having difficulty obtaining permission
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from Union Pa cific Railroad for a crossing, they are proposing a new southerly access point. See Exhibit E for proposed access points.
The community would be served by several off-site street improvements. The proposed project would require the construction of 28th Street, including the railroad crossing, from Canal Street to the new trailhead /warm up area on the northwest corner of the project site. The south side of 28th Street would be constructed to a right-of-way (ROW) width of 45 feet with 30 feet of roadway, a 7-foot wide parkway with street trees and rail fence, and an 8-foot wide decomposed granite trail. The remaining 21 feet (6 feet of pavement, and 15 feet of landscaping) on the north side of 28 th Street would be constructed at the time of the development of the property to the north of the project site. The proposed trail along 28 th Street would be a new addition to the community as only a sidewalk was included in the original approval. The proposed project would also provide for pavement widening, reconnection of existing driveways, and the installation of new curbs and gutters on 28th Street outside of the project boundaries, between Canal Street and Avalon Street.
The western boundary of the community would also include a multi -purpose trail, which would extend from the southern boundary of the project site, up to the 28 th Street trailhead. At the time of the development of the Rio Vista Specific Plan, and the property to the north of the project site, the trail would be further improved and exten ded north.
See Exhibit F for the new proposed trail network.
EXHIBIT E – PROPOSED ACCESS POINTS
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EXHIBIT F – PROPOSED TRAIL NETWORK
The proposed project would also require the extension of La Cañada Drive from Muriel Drive, through “Hacienda” (separately approved and recorded residential project), into the southern end of the community. La Cañada Drive would serve as the local corridor for the proposed community, and would be constructed to a ROW width of 60 feet with 36 feet of roadway, 7 -foot wide parkways with street trees, and 5 -foot wide sidewalks on both sides within the residential areas of the community. In the area where La Cañada Drive does not front onto residential homes (south of Emerald Rid ge North and north of Hacienda), the street would be constructed to a ROW width of 52 fee t with 32 feet of roadway, an 8-foot sidewalk with a 6-foot wide parkway with street trees on the west side, and 6 feet of landscaping on the east side. All crosswalks along La Cañada Drive would include curb extensions for increased pedestrian safety. See Exhibit G for an example of a curb extension. There would also be a pedestrian-only connection to 28th Street at the northern terminus of La Cañada Drive.
EXHIBIT G – EXAMPLE OF CURB EXTENSION
28th Street, La Cañada Drive, the internal neighborhood streets, and the stormwater basins would be owned and maintained by the City through a community facilities district
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(CFD). The neighborhood parks, and open space area would be maintained by the Homeowner’s Association (HOA). The trail network would be maintained by the Jurupa Area Recreation and Park District (JARPD). The residential homes and lots would be maintained by the individual private property owner(s).
ANALYSIS
I. ENVIRONMENTAL REVIEW. California Environmental Quality Act (CEQA) Guidelines §15164 Addendum to an EIR and Negative Declaration , allows an addendum to a previously certified Environmental Impact Report (EIR) to make minor technical changes or additions based on proposed changes to a project.
On May 18, 2017, the City of Jurupa Valley adopted Resolution No. 2017 -15 certifying an EIR, adopting a Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations for Master Applications (MAs) No. 15072 and 15148 – “Emerald Ridge” (North and South).
Based upon the analysis of potential environmental consequences anticipated to occur as a result of proposed changes to the project, the City has determined that the proposed project would not result in new significant environmental effects or a substantial increase in the severity of significant effects previously identified in the original EIR for Emerald Ridge Residential Project. In addition, the circumstances under which the project is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the Project does not involve new information of substantial importance, which shows that the Pr oject will have significant effects not discussed in the EIR. For these reasons, the Project would not satisfy any of the conditions described in CEQA Guidelines §15162 that warrant preparation of a Supplemental or Subsequent EIR. Therefore, an Addendum to the original EIR (Included in Attachment 1 – Resolution Adopting Addendum ) has been prepared for the project per CEQA Guidelines §15164.
II. GENERAL PLAN. The project is consistent with the General Plan.
A. Housing Element No Net Loss. The proposed project was not included in the City’s certified and adopted Housing Element. The proposed project would provide for 184 above-moderate housing units, the same number as was previously approved in the original rendition.
B. Land Use Designation.
The General Plan land use designation for the project site is Medium Density Residential (MDR) that allows up to five (5) dwelling units per acre. The project demonstrates consistency with the residential section of the Land Use Element, in the General Plan including the following policies:
LUE 2.1 Residential Development. Accommodate the development of single-family and multi -family residential units in areas appropriately designated by the General Plan, specific plans, the Equestrian Lifestyle Protection Overlay, and community and town center plans land use maps.
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The proposed project is for a residential development on land that has a General Plan Land Use Designation of Medium Density Residential (MDR).
LUE 2.3 Infrastructure. Ensure that circulation faci lities, water resources, sewer and storm drainage facilities, and other utilities available or provided by the developer are adequate to meet the demands of a proposed residential land use in addition to those services and resources required to serve existing residents and businesses.
All street and trail improvements, drainage infrastructure, and other utilities are found to be adequate to meet the demands of a proposed residential land use in addition to those services and resources required to serve existing residents.
LUE 2.9 Design Compatibility. Ensure that new residential developments are designed to be compatible with their surroundings and to enhance visually the appearance of neighborhoods and adjacent structures.
The proposed project successfully incorporates Spanish revival , Tuscan, and traditional architectural styles that are compatible with the surrounding area.
LUE 11.8 Signage. Require development projects to use high quality, well-designed signage that is architecturally integrated with and complementary to the proposed building(s) and adjacent development.
The proposed project would include a high quality entry monument at its entrance, which would reinforce a sense of community pride and identity.
LUE 13.1 Fair Share Infrastructure Funding. Require that new development contribute its fair share to fund infrastructure and public facilities, such as police and fire facilities, parks, streets, and trail improvements.
The applicant would be required to contribute over $ 1.7 million in Development Impact Fees (DIFs) which would be allocated to fund fire services, roads, parks, schools, libraries, and other public facilities. The applicant would also be required to contribute an additional $68,000 as a fair share contribution toward various intersection and roadway improvements in the surrounding area.
III. TITLE 7 – SUBDIVISIONS. Minor Change No. 2 to Tentative Tract Map (TTM) No. 39647 complies with all applicable provisions of Title 7 and the Subdivision Map Act. The Engineeri ng Department has reviewed the p roject for required travel lanes, access, circulation, grading, and drainage. The recommended conditions address areas such as subdivision, circulation, access, grading, drainage, and water quality.
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IV. TITLE 9 – ZONING ORDINANCE.
A. Planned Unit Development (PUD) Zone. The Planned Unit Development (PUD) Zone allows and encourages innovative development projects that exemplify high quality site planning, landscaping, and architectural design.
The PUD zoning distri ct may be approved only for a project that incorporates at least five (5) out of the nine (9) features listed in Section
9.230.080 of the City of Jurupa Valley Municipal Code:
1) Residential clustering that will provide for new neighborhoods combined with abundant open space.
The proposed project incorporates clustering through the inclusion of smaller lots ranging in size from 3,500 ft 2 to 8,500 ft 2 combined with abundant open space in the form of public parks, trails, and landscaped slopes and hills;
2) The project will provide a substantial public amenity, for example, a significant public plaza, a public park, trails or a similar improved open space feature, including provisions for guaranteed long -term maintenance not at the expense of the city.
The proposed project provide s substantial public amenities including two (2) public parks, the 28 th Street trail, and the additional trail along the western boundary of the community. The amenities would be maintained on a long-term basis, not at the expense of the City. 3) The project includes significant environmental benefits, such as preservation, enhancement and/or creation of a significant natural feature or open spaces with a minimum area of one-half (½) acre.
The proposed project includes significant environmental benefit through the prese rvation and enhancement of over 12 acres of natural open space and features.
4) The project provides for a significant saving of water usage over the life of the project.
All landscape areas within the proposed project would include drought- tolerant trees and shrubs with a permanent irrigation system to minimize water use and runoff for the life of the project.
5) Stormwater runoff controls.
The proposed project provides for stormwater water runoff controls through the preservation of natural open space, and the development of off-street concrete channels, gutters, and stormwater basins.
B. Inclusionary Housing Requirement (Chapter 9.267). Pursuant to Section
9.267.030.B.10, inclusionary units shall not be required for a residential project seeking a modification after it has been approved by the City, and the modification would not increase the project’s density. As the Applicant is proposing to modify an approved Tentative Tract Map (TTM), and not
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proposing additional units as part of the modification, the project is exempt from the inclusionary housing requirement.
V. FINDINGS FOR APPROVAL OF A PLANNED UNIT DEVELOPMENT.
Per Section 9.238.080 of the Jurupa Valley Municipal Code, “Prior to the approval of a zoning amendment to add the PUD designation to a property, the following findings shall be made:”
1) The project is consistent with the General Plan and any applicable Specific and Community Plans;
2) The project complies with all applicable provisions of this chapter, except for those provisions modified by the PUD rezoning;
3) The approved modifications to the development standards of these Zoning Regulations are necessary and appropriate to accommodate the density and superior design of the proposed project;
4) The proposal would benefit the area surrounding the project to a greater degree than development allowed within the underlying zoning district(s ), including improved pedestrian or transit access to jobs, goods and services; 5) The proposal would provide mixed land use and/or site design flexibilities while enhancing site or building aesthetics to achieve an overall, workable, higher quality of develo pment than would otherwise be possible under conventional zoning standards;
6) The project is compatible in use, size and type of structure, relative amount of open space, traffic circulation and general layout, with adjoining land uses, mitigates environment al impacts and can be integrated into the neighborhood;
7) The project complies with all applicable City Design Guidelines and provides adequate access, parking, landscaping, trash areas and storage, as necessary;
8) The project does not create traffic congestion, noise, odor or other adverse effects on surrounding areas;
9) All affected public facilities, services and utilities are adequate to serve the proposed project; and
10) The establishment, maintenance or operation of the proposed project will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.
The proposed development compl ies with all requirements for the application of the Planned Unit D evelopment (PUD) zone, and is entirely consistent with the General Plan. The proposed modifications to the development standards are required to facilitate clustering, thus ensuring the pre servation of an
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abundance of natural open space, and new and improved trails. The proposed project would not create traffic congestion, noise, odor or other adverse effects on the surrounding area as it is an entirely residential development, and would provide for the adequate public facilities, services, and utilities to serve the community.
VI. FINDINGS FOR APPROVAL OF A MINOR CHANGE TO A TENTATIVE LAND DIVISION MAP.
Per Section 7.15.180 of the Jurupa Valley Municipal Code, “A tentative map shall be denied if it does not meet all requirements of this ordinance, or if any of the following findings are made:”
1) That the proposed land division is not consistent with applicable general and specific plans;
2) That the design or improvement of the proposed land division is not consistent with applicable general and specific plans;
3) That the site of the proposed land division is not physically suitable for the type of development;
4) That the site of the proposed la nd division is not physically suitable for the proposed density of the development;
5) That the design of the proposed land division or proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
6) That the design of the proposed land division or the type of improvements are likely to cause serious public health problems;
7) That the design of the proposed land division or the type of improvements will conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternative easements for access or for use will be provided and that they will be substantiall y equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction; and
8) Notwithstanding subsection (5) of this section, a tentative ma p may be approved if an environmental impact report was prepared with respect to the project and a finding was made, pursuant to the California Environmental Quality Act (Pub. Resources Code Section 21000 et seq. ), that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report.
Minor Change No. 2 to Tentative Tract Map (TTM) No. 39647 is consistent with all applicable provisions of Title 7 and the Subdivision Map Act for standards and process. Furthermore, the City’s Engineering Department has reviewed
ATTACHMENT 1:
RESOLUTION NO. 2023-08
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RESOLUTION NO. 2023-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF JURUPA VALLEY , CALIFORNIA, APPROVING AN
ADDENDUM TO THE CERTIFIED ENVIRONMENTAL
IMPACT REPORT FOR THE EMERALD RIDGE
RESIDENTIAL PROJECT (SCH NO. 2016041020)
THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES HEREB Y RESOLVE AS FOLLOWS:
Section 1. Procedural Findings. The City Council does hereby find, determine and declare that:
A. On May 18, 2017, the Jurupa Valley City Council adopted Resolution No. 2017-15 certifying a Final Environmental Impact Report (FEIR), a Mitigation Monitoring and Reporting Program (MMRP) , and a Statement of Overriding Considerations (SOC) for General Plan Amendment No. 15004, Change of Zone No. 15003, and Tentative Tract Map Nos. 36947 and 36948 (collectively, Master Application Nos. 15072 and 15148) to permit the development of approximately 68 gross acres into 281 single-family residentia l lots, 118 condominiums and several open space areas on real property located north of State Route 60, east of Rio Vista Specific Plan, south of 28th Street, and west of Avalon Street (APNs: 179-070-004, 006, 007; and 178-191- 001, 002, 004, 015).
B. Highpointe Communities, LLC (the “Applicant”) has ap plied for Minor Change No. 2 to Tentative Tract Map No. 36947 to extend La Canada Drive into the tract as the new secondary access point, and a Change of Zone No. 22009 from Planned Unit Development PUD No. 02 to PUD No. 3 for the property located north of SR -60 (collectively, Master Application No. 21060 or MA No. 21060), west of Canal Street, south of 28th Street, and east of the Rio Vista Specific Plan (APNS: 179 -060-002, 178 -070-004, -006, -007, 178 -120-001, and -002 (the “Project”).
C. The City has caused an Addendum to be prepared to the previously certified FEIR in accordance with CEQA Guidelines Section 15164 because the approval of MA No. 21060 does not require the preparation of a new or Supplemental Environmental Impact Report pursuant to CEQA Guidelines Section 15164.
F. An Addendum need not be circulated for public review but is attached to the FEIR in accordance with CEQA Guidelines Section 15164.
G. The City Council has reviewed and considered the Addendum in conjunction with the FEIR.
H. On December 14, 2022, the Planning Commission of the City of Jurupa Valley held a duly noticed public hearing on the proposed Addendum to the FEIR and MA No. 21060, at which time all persons interested in these actions had the opportunity and did address the Planning
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Commission. After hearing all written and oral testimony on the proposed actions and duly considering the comments, the Planning Commission adopted Resolution N o. 2022 -12-14-03 recommending that the City Council adopt an Addendum to the FEIR and approve MA No. 21060.
Resolution No. 2022-12-14-03 is hereby incorporated herein by this reference as if set forth in full.
J. On January 19, 2023 , the City Council of the City of Jurupa Valley held a duly noticed public hearing on the proposed Addendum to the FEIR and MA No. 21060 at which time all persons interested in the Project had the opportunity and address the City Council.
K. The City Council has reviewed the findings made in this Resolution and finds that they are based upon substantial evidence that has been presented to the City Council in the record of proceedings. The documents, staff report, and other materials that const itute the record of proceedings on which this Resolution is based are on file and available for public examination on the City’s website at www.jurupavalley.org. The City Council has independently reviewe d and considered the contents the Addendum to the FEIR prior to deciding whether to approve MA No. 21060.
Section 2. Further Findings. Consistent with CEQA Guidelines Section 15164, the City Council finds and determines that an Addendum to the FEIR is the appropriate environmental document to analyze MA No. 20160 because:
A. Some changes or additions to the FEIR are necessary, but none of the conditions described in State CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR have occurred.
B. There are no substantial changes proposed by MA No. 21060 that will require major revisions of the previously certified FEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
C. No substantial changes have occurred with respect to the circumstances under which MA No. 21060 is undertaken that will require major revisions of the previous ly certified FEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and
D. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the FEIR was adopted showing that: (a) the changes proposed with MA No. 21060 will have one or more significant effects not discussed in the FEIR; (b) there are significant effects previously examined that will be substantially more severe than shown in the FEIR; (c) there are mitigation measures or alternatives previously found not to feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the City declines to adopt the mitigation measures or alternative; or (d) mitigation measures or alternatives which are considerably different from those analyzed in the FEIR would substantially reduce one or more significant effects on the environment, but the City declines to adopt the mitigation measure or alternative.
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E. The custodian of records for the FEIR and Addendum, and all other materials that constitute the record of proceedings is the Community Development Department of the City of Jurupa Valley. Those documents are available for public review in the Community Development Department located at 8930 Limonite Avenue, Jurupa Valley, California 92509.
Section 3. Adoption of Addendum. The City Council hereby adopts the Addendum to the FEIR, which is attached hereto as Exhibit “A” and incorporated herein by this reference.
Section 4. Certification. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 19th day of January, 2023.
______________________________
Chris Barajas
Mayor
ATTEST:
_______________________________
Victoria Wasko, CMC
City Clerk
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF JURUPA VALLEY )
I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2023-08, was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 19th day of January, 2023 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 19th day of January, 2023.
Victoria Wasko, City Clerk
City of Jurupa Valley
Exhibit A
Addendum to Environmental Impact Report
ADDENDUM No. 1 to the CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT (SCH NO. 201604020) Emerald Ridge Residential Project City of Jurupa Valley Master Application 21060 Change of Zone to Planned Unit Development No. 03 Minor Change to Tentative Tract Map No. 36947 Lead Agency City of Jurupa Valley 8930 Limonite Avenue Jurupa Valley, CA 92509 Contact: Kumail Raza, Senior Planner (951) 332-6464 ext. 252 [email protected] Project Proponent: Highpointe Emerald Ridge LLC 16501 Scientific Way Irvine, CA 92618 October 31 , 2022
MA 21060 EIR Addendum #1October 31, 2022
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Table Of Contents 1.0 Determination .................................................................................................................................................................. 1 2.0 Introduction ..................................................................................................................................................................... 1 3.0 Project Description .......................................................................................................................................................... 2 4.0 Analysis of Potential Environmental Effects ................................................................................................................. 5 4.1 Aesthetics .......................................................................................................................................................................... 5 4.2 Agriculture and Forestry Resources .............................................................................................................................. 7 4.3 Air Quality ....................................................................................................................................................................... 9 4.4 Biological Resources ...................................................................................................................................................... 12 4.5 Cultural Resources ........................................................................................................................................................ 16 4.6 Geology and Soils ........................................................................................................................................................... 21 4.7 Greenhouse Gas Emissions .......................................................................................................................................... 24 4.8 Hazards and Hazardous Materials .............................................................................................................................. 27 4.9 Hydrology and Water Quality ..................................................................................................................................... 30 4.10 Land Use and Planning ................................................................................................................................................ 33 4.11 Mineral Resources ......................................................................................................................................................... 36 4.12 Noise ................................................................................................................................................................................ 37 4.13 Population and Housing ............................................................................................................................................... 41 4.14 Public Services ............................................................................................................................................................... 43 4.15 Recreation ...................................................................................................................................................................... 46 4.16 Traffic and Circulation ................................................................................................................................................. 47 4.17 Utilities and Service Systems ........................................................................................................................................ 50 4.18 Tribal Cultural Resources ............................................................................................................................................ 55 4.19 Wildfire .......................................................................................................................................................................... 58 5.0 CONCLUSION .............................................................................................................................................................. 59 MA 21060 EIR Addendum #1October 31, 2022
1.0 Determination Based on the evaluation in this document, I find that no substantial changes are proposed in the Project and there are no substantial changes in the circumstances under which the Project will be undertaken that will require major revisions to the previous EIR due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects. Also, there is no "new information of substantial importance" as that term is used in CEQA Guidelines Section 15162(a)(3). Therefore, the previously certified EIR is adequate upon completion of an ADDENDUM. City of Jurupa Valley Signature Agency Joe Perez, Community Development Director October 31, 2022 Printed Name/Title Date: 2.0 Introduction This document is an Addendum to the Final Environmental Impact Report, Emerald Ridge Residential certified by the City Council on May 18, 2017, by Resolution No. 2017-15. Its purpose is to substantiate the City of Jurupa Valley's determination that no Supplemental or Subsequent EIR is required prior to considering the approval of the Amendment to Tentative Tract Map (TTM) No. 36947. The approved TTM provided for an access point from Alta Street which would require an at grade street crossing of an active railroad track. The Union Pacific Railroad would not allow for Alta Street to cross the railroad track. Thus, to provide the second access point to the development the TTM needs to be amended to eliminate the Alta Street crossing and extend Street "A" westerly to connect to La Canada Drive. which were originally analyzed and included as open space in the FEIR. The proposed amendment to the TTM required a Burrowing Owl Survey and Hydrology Study to address potential impacts not covered in the FEIR. Section 3.0 provides descriptions of the approved and proposed TTM, whereas Section 4.0 provides an analysis of the environmental effects of the proposed TTM assessed to the FEIR conclusions. This amendment revises the FEIR to include the Amended TTM with the elimination of the Alta Street crossing and
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3.0 Project Description 3.1 Project Location and Setting The Project site is located north of SR-60, between Canal Street and Avalon Street, and south of Kenwood Place. APNS: 179-060-004; -006; -007; and 178-191-001; -002; -004; -015. (See Exhibit 3-1, Regional Vicinity Map and Exhibit 3-2, Local Vicinity Map). Exhibit 3.1-1 Regional Vicinity Map
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Exhibit 3.1-2 Local Vicinity Map
3.2 Approved Project Description: In 2017, the City Council approved two Tentative Tract Maps (TTM) No. 36948 & TTM No. 36947, with other entitlements (GPA, CZ and EIR) on approximately 68 acres of land. The Project was called Emerald Ridge. Emerald Ridge South, TTM No. 36948, was approved for 97 single-family lots, 118 condominium units, and several open space lots. Emerald Ridge North, TTM No.36947, was approved for 184 single-family lots with several open space lots. Under the Approved Project, the entire site would have to maintain two points of access. Previously, one point of access was located at 28th Street and the other at Alta Street. See Exhibit 3.3-1- Site Plan for Approved Project on the next page.
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Exhibit 3.3-1 Site Plan for Approved Project Site Plan 3.3 Proposed Modified Project Description The Modified Project proposes to eliminate the access point located at Alta Street. Parallel to the Project site is an active railroad track that would require an at grade street crossing to provide the access point. The Union Pacific Railroad would not allow for Alta Street to cross the railroad track. Thus, to provide the second access point, the Modified Project proposes to extend Street "A" westerly approximately 690 feet to connect to La Canada Drive as shown in Exhibit 3-3, Extension. Exhibit 3.3-2 Site Plan for Proposed Modified Project
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4.0 Analysis of Potential Environmental Effects CEQA Guidelines §15164 provides for the use of an Addendum to document the basis of a lead agency's decision not to require a Subsequent or Supplemental EIR for a change to a project that has been analyzed in a certified EIR. The lead agency's decision to use an Addendum must be supported by substantial evidence that the conditions that would trigger the preparation of a Subsequent EIR, as provided in CEQA Guidelines §15162, are not present. The following discussion provides the basis for this conclusion. 4.1 Aesthetics Except as provided in Public Resources Code Section 21099, would the project New Potentially Significant Impact New Mitigation Required Reduced Impact No New Impact a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? 4.1.1 Summary of EIR Conclusions 4.1.A The FEIR found there are no designated scenic vistas on or surrounding the project site, and compliance with existing General Plan policies and design guidelines would further ensure development of the project would have less than significant impact on scenic vistas. Based on the analysis, no public views of a scenic vista would be significantly or permanently blocked with implementation of PPP 4.1.1 and 4.1.2. 4.1.B Existing rock outcropping to the west of the project site on Rattlesnake Mountain would be preserved and buffered from the project site by open space. There are no historic buildings or significant trees associated with the project site. The closest State Scenic Highway is SR-243, located approximately 30 miles southeast and not afforded any views of the project site. 4.1.C and guidelines for residences as required by PPP 4.1-1 and 4.1-2. Implementation of the project would not substantially degrade the existing character or quality of the project site.
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4.1.D Impacts due to light and glare will be less than significant with implementation of existing zoning standards and PPP 4.1-3. The primary exterior of the proposed buildings will consist of stucco, tile roofs, wood eaves, wood trellises, and wood lattices. Windows will consist of typical storefront window with glazing that is non-reflection. 4.1.2 Unavoidable Adverse Impacts There are no unavoidable adverse impacts identified in the FEIR. 4.1.3 Applicable General Plan Policies PPP 4.1.1 As required by Municipal Code section 9.115.040 (3), no building or structure shall exceed fifty (50) feet in height, unless a greater height is approved pursuant to Section 9.240.370. In no event, however, shall a building or structure exceed seventy-five (75) feet in height, unless a variance is approved pursuant to Section 9.240.270. PPP 4.1-2 As required by the General Plan Land Use Element Table 2.4, the Floor Area Ratio (FAR) shall not exceed 0.20 - 0.35. PPP 4.1-3 All outdoor lighting shall be designed and installed to comply with California Green Building Standard Code Section 5.106 or with a local ordinance lawfully enacted pursuant to California Green Building Standard Code Section 101.7, whichever is more stringent. 4.1.4 Applicable Final EIR Mitigation Measures As described in the FEIR, impacts related to aesthetics were determined to be less than significant and no mitigation measures were identified. No substantial changes in the environment related to aesthetics will occur with the Project modifications that would lead to more significant impacts, and no new mitigation measures are required. 4.1.5 Proposed Project Impact Analysis Development of the Proposed Project has the potential to impact visual and scenic resources. Based on an examination of the analysis, findings, and conclusions of the FEIR, implementation of the proposed modifications would not substantially increase the severity of significant impacts previously identified, nor would new significant impacts related to Scenic Vistas, Scenic Resources, Visual Character, and Light and Glare that were not identified in the FEIR.
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highway. The Modified Project is required to design the extension of "A" Street in compliance with the Streetscape standards set forth in the Emerald Ridge PUD-03 Development Plan, October 2021. The FEIR and related implementing actions established goals and policies for development of the Project. Development of the Proposed Project will be constructed in light of the policies of the General Plan, Municipal Code, and the approved Conditions, and the Project Mitigation Monitoring and Reporting Program. 4.2 Agriculture and Forestry Resources New Potentially Significant Impact New Mitigation Required Reduced Impact No New Impact Would the project a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))? d) Result in the loss of forest land or conversion of forest land to nonforest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to nonagricultural use or conversion of forest? 4.2.1 Summary of EIR Conclusions 4.2.A Approximately 50% of the northern portion of the project site is considered as f not considered a significant farmland or agricultural resource according to the Public Resources Code Section 21060.1, and the remaining portion of the project site is built- ilt- such, the proposed project would not directly or indirectly contribute to the conversion of agricultural land on or in the vicinity of the project site. 4.2.B The majority of the project site is within an area currently zoned as Manufacturing-Service Commercial (M-SC), with smaller portions zoned as One-Family Dwellings (R-1) and Light Agriculture (A-1). With approval of the proposed project the zoning MA 21060 EIR Addendum #1October 31, 2022
designation on the project site would be changed to Planned Unit Development (PUD) to allow for residential uses. This change would preclude some of the potential limited agricultural uses on the project site; however, these uses were not currently active on the project site and would only offer limited agricultural activity. Furthermore, the current intent of the MS-C zoning on the project site is not for agricultural uses. Areas surrounding the project site are designated by the FMMP as urban and built-up land or other land. Williamson Act There are no agricultural uses or Williamson Act contracts associated with the project site. 4.2.C There is no land in the City designated or containing forest or timberland resources. 4.2.D The Project site is located in an area largely characterized by a mix of residential development. There is no land being used primarily for agricultural purposes in the vicinity of the site. 4.2.2 Unavoidable Adverse Impacts There are no unavoidable adverse impacts identified in the FEIR. 4.2.3 Applicable General Plan Policies There were no GP Policies identified in the Approved Project FEIR. 4.2.4 Applicable Final EIR Mitigation Measures As described in the FEIR, impacts related to agricultural and forestry resources were determined to be less than significant and no mitigation measures were identified. No substantial changes in the environment related to agricultural and forestry resources will occur with the Project modifications that would lead to more significant impacts, and no new mitigation measures are required. 4.2.5 Proposed Project Impact Analysis Development of the Proposed Project will have no impact agricultural and forestry resources. Based on an examination of the analysis, findings, and conclusions of the FEIR, implementation of the proposed modifications would not substantially increase the severity of significant impacts previously identified, nor would new significant impacts related to agricultural and forestry resources that were not identified in the FEIR.
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Implementation of the Project would not result in significant impacts to Prime Farmland, Unique Farmland, or Farmland of Statewide Importance; conflict with existing zoning for agricultural use or a Williamson Act contract; or result in loss or conversion of farmland or forest land because these The FEIR and related implementing actions established goals and policies for development of the Project. Development of the Proposed Project will be constructed in light of the policies of the General Plan, Municipal Code, and the approved Project Mitigation Monitoring and Reporting Program. 4.3 Air Quality New Potentially Significant Impact New Mitigation Required Reduced Impact No New Impact Would the project a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?? d) Expose sensitive receptors to substantial pollutant concentrations? e) Result in other emissions (such as those leading to odors) affecting a substantial number of people? 4.3.1 Summary of EIR Conclusions 4.3.A The Project would develop 399 residential units, and would not produce substantially more criteria pollutant emissions than would occur under buildout of the project site under the existing Light Industrial General Plan designation and that were assumed as a basis for the AQMP because of the potential for fewer heavy-duty truck trips and emissions from industrial processes. Furthermore, the proposed project includes a General Plan Amendment to change the project site from Light Industrial to Medium Density Residential, Medium High Density Residential, and High Density Residential. Upon approval of this General Plan Amendment, the project site would be consistent with the underlying assumptions used for future AQMP updates. Additionally, the proposed project would not generate emissions that would exceed the SCAQMD thresholds. 4.3.B Emissions resulting from the Project construction and operations will not exceed criteria pollutant thresholds established by the SCAQMD for emissions of any criteria pollutant. Impacts are less than significant for construction and operations emissions.
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4.3.C The project would not exceed SCAQMD thresholds for construction or operations. Accordingly, the proposed project would not result in a cumulatively considerable increase in emissions of nonattainment pollutants or their precursors (e.g., VOC and NOx for O3,). Thus, pursuant to the SCAQMD CEQA Handbook cumulative impacts would be less than significant. 4.3.D Proposed construction activities would not generate emissions in excess of site-specific LSTs; therefore, site-specific project construction impacts would be less than significant. 4.3.E Land uses and industrial operations that typically are associated with odor complaints include agricultural uses, wastewater treatment plants, food-processing plants, c hemical plants, composting, refineries, landfills, dairies, and fiberglass molding. The proposed project would not include any of these land uses and instead would develop 399 residential dwelling units, which are not a land use typically associated with odor complaints. Furthermore, the proposed project would comply with PPP 4.3-5 that requires adherence to SCAQMD Rule 402, Nuisance, which reduces potential odorous emissions from the project site. Therefore, it is not anticipated that any operational sources under the project would result in objectionable odors, and any odor impacts resulting from the proposed project would be less than significant. 4.3.2 Unavoidable Adverse Impacts There are no unavoidable adverse impacts identified in the FEIR. 4.3.3 Applicable General Plan Policies PPP 4.3-1 The Project is required to comply with the provisions of South Coast Air Quality PPP 4.3-2 The Project is required to comply with the provisions of South Coast Air Quality PPP 4.3-3 The Project is required to comply with the provisions of South Coast Air Quality Management PPP 4.3-4 The Project is required to comply with the provisions of South Coast Air Quality Roads and PPP 4.3-5 The Project is required to comply with the provisions of South Coast Air Quality release of odorous emissions into the atmosphere.
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4.3.4 Applicable Final EIR Mitigation Measures As described in the FEIR, impacts related to air quality were determined to be less than significant Mitigation Measure (MM) AQ-1 was identified in the FEIR to further reduce potential Air Quality impacts. MM-AQ-1 Prior to issuance of a grading permit, the project applicant shall ensure that all applicable SCAQMD Rules and Regulations are complied with during construction and the construction contractor use construction equipment that have Tier 4 final engines if feasible, level 3 diesel particulate filters, with oxidation catalyst that have a 20% reduction in emissions. No substantial changes in the environment related to air quality will occur with the Project modifications that would lead to more significant impacts, and no new mitigation measures are required. 4.3.5 Proposed Project Impact Analysis Based on an examination of the analysis, findings, and conclusions of the FEIR, implementation of the proposed modifications would not substantially increase the severity of significant impacts previously identified, nor would new significant impacts related to air quality that were not identified in the FEIR. The Modified Project would eliminate the improvements (grading, construction, and paving) of the Alta and Canal Street access to the site and include improvements (grading, construction, and paving) for the extension of "A" Street to La Canada Drive. Therefore, the construction emissions would remain essentially the same as analyzed in the FEIR. Air Quality impacts would remain less than significant with the implementation of Mitigation Measure MM-AQ-1. The FEIR and related implementing actions established goals and policies for development of the Project. Development of the Proposed Project will be constructed in light of the policies of the General Plan, Municipal Code, and the approved Project Mitigation Monitoring and Reporting Program.
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4.4 Biological Resources New Potentially Significant Impact New Mitigation Required Reduced Impact No New Impact Would the project a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or specialstatus species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? 4.4.1 Summary of EIR Conclusions 4.4.A Based on the FEIR conclusions there is a very low probability of the project site supporting any sensitive species listed above but is located within the MSHCP, which would provide a compliance path for the proposed project for any potential impacts to these covered species. Additionally, the project site is not within the MSHCP fee area for the rat and the applicant would not be required to pay the per-acre mitigation fee. However, there is the potential for nesting birds, raptors (e.g., hawk), and burrowing owls to be located on the project site prior to construction. As such, the proposed project would implement MM-BIO-1, which requires pre-construction surveys for nesting birds, raptors, and burrowing owls prior to the start of any ground disturbing activities to reduce potential impacts to these species. Therefore, with incorporation of MM-BIO-1 impacts to sensitive species would be less than significant. 4.4.B Most of the project site has been previously disturbed due to past human activities, and no sensitive habitats (vernal pools, marshes, coastal sage scrub, etc.) were noted on-site during the surveys. Implementation of the proposed project would not have a substantial adverse effect on any sensitive habitats or communities identified in any applicable plans or by the CDFW or USFWS.
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