RESOLUTION NO. R-2024-13
RESOLUTION OF FORMATION OF THE CITY COUNCIL OF
THE CITY OF PLACENTIA ESTABLISHING COMMUNITY
FACILITIES DISTRICT NO. 2024-01 (OLD TOWN
MAINTENANCE SERVICES); AUTHORIZING THE LEVY OF
SPECIAL TAXES; AND ESTABLISHING THE
APPROPRIATIONS LIMIT FOR THE PROPOSED
COMMUNITY FACILITIES DISTRICT
A. Recitals.
(i) On January 23, 2024, the City Council ("Council") of the City of Placentia ("City"), adopted Resolution No. R-2024-04, ("Resolution of Intention") (a) declaring its intention to establish Community Facilities District No. 2024-01 (Old Town Maintenance Services) ("CFD No. 2024-01" of "CFD") consisting of the territory described in Exhibit "A" pursuant to the Mello -Roos Community Facilities Act of 1982 ("Act"), commencing with § 53311 of the California Government ("Government Code"), (b) proposing to levy a special tax within CFD No. 2024-01 pursuant to the terms of the Act to fund the cost of providing services ("Services") described in Exhibit "B" hereto, and (c) calling a public hearing ("Public Hearing") on the establishment of CFD No. 2024-01 for March 5, 2024. (ii) The Resolution of Intention incorporates a map of the proposed boundaries of the CFD, states the services to be provided, the costs of providing such services and the rate and method of apportionment of the special tax to be levied within the CFD, and of which are on file with City Clerk and the provisions thereof are incorporated herein by reference as if fully set forth herein. (iii) The services to be provided as stated in Exhibit "B" of the Resolution of Intention have been revised to clarify the area the services are being provided to and assessed and are in no way changing those services. The services set forth in Exhibit "B" of this Resolution are the services to be provided. (iv) Before the time for the Public Hearing, as directed in the Resolution of Intention R-2024-04, the City officers who are or will be responsible for providing one or more of the Services filed with the City Council the report required by California Government Code § 53321.5 ("Hearing Report").
(v) A notice of the Public Hearing was duly published as required by the Act, as evidenced by the affidavit of publication on file with the City Clerk. (vi) Pursuant to the Act and the Resolution of Intention, the noticed Public Hearing was convened by the City Council on March 5, 2024, at 7:00 p.m. at the Chambers of the City Council located at 401 E. Chapman Avenue, Placentia, California 92870 relative to the establishment of CFD No. 2024-01.
Resolution R-2024-13
(vii) At the Public Hearing, the testimony of all interested persons desiring to be heard on the establishment of CFD No. 2024-01, the extent thereof, the furnishing of specified types of services, the proposed special tax, the establishment of an appropriations limit for CFD No. 2024-01, or any other matters set forth in the Resolution of Intention was heard and a full and fair hearing was conducted thereon. (viii) Written protests against the establishment of CFD No. 2024-01, the furnishing of specified types of services in CFD No. 2024-01 as listed in the Hearing Report, or the levying of the special tax have not been filed by 50% or more, or six, the registered voters, whichever is more, residing within the territory proposed to be included in CFD No. 2024-01 or by the owners of one-half or more of the area of land in the territory proposed to be included in CFD No. 2024-01 and not exempt from this special tax.
(ix) On the basis of all of the foregoing, the City Council has determined at this time to establish CFD No. 2024-01 and to submit to the qualified electors of CFD No. 2024-01 the levy of the special tax therein (as such tax is more particularly described in the Rate and Method of Apportionment of Special Tax attached as Exhibit "C" hereto) and the establishment of an appropriations limit for CFD No. 2024-01.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. In all respects the foregoing recitals are true and correct and are incorporated herein.
2. The City Council finds and determines (which finding and determination is final and conclusive in accordance with Government Code § 53325.1) that all proceedings up to and including the adoption of this Resolution taken with respect to the formation of CFD No. 2024-01 were and are valid and in conformity with the requirements of the Act, including, without limitation, the following:
a) Adoption of the Resolution of Intention to establish CFD No. 2024-01. b) Publication of notices of the Public Hearing on the establishment of CFD No. 2024-01.
c) Conducting of the Public Hearing on the establishment of CFD No. 2024- 01, the proposed public facilities and services and the incurring of the proposed debt, at which time all interested persons were permitted to protest orally or in writing against the establishment of CFD No. 2024-01, were permitted to file written protests to the regularity or sufficiency of the proceedings, and any person interested, including persons owning property within CFD No. 2024-01, were permitted to appear and present any matters Resolution R-2024-13
material to the questions set forth in the Resolution of Intention
3. The City Council hereby approves the Community Facilities District ("CFD") Report attached as Exhibit "D" hereto, and makes the CFD Report a part of the record of the Public Hearing, and it is ordered that the CFD Report be kept on file with the transcript of these proceedings and open for public inspection.
4. The formation of CFD No. 2024-01 and the levy of the proposed special tax within CFD No. 2024-01 has not been precluded by majority protest pursuant to § 53324 of the Act.
5. As proposed in the Resolution of Intention, a community facilities district is hereby established pursuant to the Act, designated "Community Facilities District No. 2024-01 (Old Town Maintenance Services). "
6. The description and map of the boundaries of CFD No. 2024-01 on file in the City Clerk's office and as described in the Resolution of Intention and incorporated herein by reference, shall be the boundaries of CFD No. 2024-01. The map of the proposed boundaries and future annexation area of CFD No. 2024-01 has been recorded on February 6, 2024, in the Office of the County Recorder of Orange County, California in Book 109, page 40-41 M/M of Maps of Assessment and Community Facilities Districts (Instrument No. 2024000026763).
7. The Services proposed to be financed by CFD No. 2024-01 are described in Exhibit "B" attached hereto. The cost of providing the Services includes "incidental expenses, which include costs associated with the creation of CFD No. 2024-01, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2024-
01. The Services authorized to be financed by CFD No. 2024-01 are in addition to those currently provided in the territory of CFD No. 2024-01 and do not supplant services already available within that territory. Further, the minor changes in the services from the Resolution of Intention do not change the services in any way but merely clarify the services. The City Council hereby waives those minor defects and changes made to Exhibit "B."
8. As stated in the Resolution of Intention, except where funds are otherwise available, subject to the approval of the qualified electors of CFD No. 2024-01, a special tax sufficient to pay the costs of the Services (including Incidental Expenses as described in the Resolution of Intention), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2024-01, will be levied annually in CFD No. 2024-
01. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit "C" hereto. The rate and method of apportionment allows each landowner within CFD No. 2024-01 to estimate the maximum amount that may be levied against each parcel. In the first year in which such special taxes are levied, the levy shall include an amount sufficient to repay CFD No. 2024-01 all amounts, if any, transferred to CFD No. 2024-01 pursuant to Section 53314 of the Act and interest thereon.
Resolution R-2024-13
9. The special tax as apportioned to each parcel is based on the cost of making the Services available to each parcel, or other reasonable basis, and is not based on or upon the ownership of real property.
10. The Office of the City Administrator, 401 E. Chapman Avenue, Placentia, California 92870, (714) 993-8117, or his or her designee, is designated to be responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel number and for estimating future special tax levies pursuant to §53340.2 of the Government Code. The City may contract with private consultants to provide this service in lieu of the Office of the City Administrator.
11. In accordance with the Act, an appropriations limit, as defined by subdivision (h) of § 8 of Article XIII B of the California Constitution, of CFD No. 2024-01 is hereby established at $1,000,000.00 and said appropriations limit shall be submitted to the voters of CFD No. 2024-01 as hereafter provided. The proposition establishing said appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of the Act.
12. Pursuant to § 50075.1 of the California Government Code, the City shall create a separate account into which tax proceeds will be deposited; and the Director of Finance annually shall file a report with the City Council that will state (a) the amount of funds collected and expended and (b) the status of the Services financed in CFD No. 2024-01.
13. Upon recordation of a notice of special tax lien pursuant to § 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the Special Taxes shall attach to all nonexempt real property in CFD 2024-01, and this lien shall continue in force and effect until the Special Tax obligation is prepaid or otherwise permanently satisfied and the lien cancelled in accordance with law or until collection of the tax by CFD No. 2024-01 ceases.
14. The Mayor shall sign this Resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.
APPROVED and ADOPTED this 5th day of March, 2024.
JEREMY YAMAGUCHI, MAYOR
ATTEST:
ROBERT S. MCKINNELL, CITY CLERK
Resolution R-2024-13
I, ROBERT S. MCKINNELL, CITY CLERK of the CITY OF PLACENTIA DO HEREBY CERTIFY that the foregoing Resolution No. was adopted at a regular meeting of the City Council held on the 5th day of March 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian Bettenhausen, City Attorney
Resolution R-2024-13
cr-
SHEET 1 OF 2
Assessor Parcels in the City of Placentia
Community Facilities Dislnct No. 2024-1
(Old Town Maintenance Services):
339-052-27
P,1;4 -aa by OTA
CU\TORLFD Crony
PROPOSED BOUNDARIES OF
CITY OF PLACENTIA
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(OLD TOWN MAINTENANCE SERVICES)
CITY OF PLACENTIA, COUNTY OF ORANGE
STATE OF CALIFORNIA
Assessor Parcels
Community Facilities
339-052-14
339-052-15
339-052-16
339-052-17
339-052-18
339-052-19
339-052-20
339-052-21
339-052-24
339-052-26
339-052-27
339-052-28
339-052-29
339-061-01
339-061-02
339-061-03
339-061-04
339-061-05
339-061-06
339-061-07
339-061-08
339-061-09
339-061-10
339-061-11
339-061-12
339-061-13
339-061-14
339-061-15
339-061-16
339-061-17
339-355-02
339-355-03
339-355-04
339-355-05
339-355-06
339-355-07
in the Future Annexation Area of City of Placentia
District No. 2024-1 (Old Town Maintenance Services)•
339-355-08
339-355-09
339-355-10
339-355-11
339-355-12
339-355-13
339-355-14
339-355-15
339-355-16
339-355-17
339-355-18
339-355-19
339-355-20
339-355-22
339-362-05
339-362-06
339-363-09
339-363-10
339-363-11
339-363-12
339-363-13
339-363-16
339-363-17
339-363-18
339-363-19
339-363-29
339-364-10
339-364-11
339-364-12
339-364-13
339-364-14
339-364-15
339-364-16
339-365-01
339-365-02
339-365-03
339-365-04
339-365-05
339-365-06
339-365-07
339-365-08
339-365-09
339-365-10
339-365-15
339-365-16
339-365-17
339-365-18
339-365-19
339-365-20
339-365-21
339-365-22
339-365-23
339-365-25
339-365-26
339-365-27
339-391-01
339-391-02
339-391-03
339-391-04
339-391.05
339-391-06
339-391-09
339-391-10
339-391-11
339-391-12
339-391-13
339-391-14
339-391-15
339-391-16
339-392-01
339-392-02
339-392-03
COPUILRED CURT
339-392-04
339-392-05
339-392-06
339-392-07
339-392-08
339-392-09
339-392-10
339-392-11
339-392-12
339-392-13
339-392-14
339-392-15
339-392-16
339-392-17
339-392-18
339-392-19
339-392-20
339-392-21
339-392-22
339-393-01
339-393-02
339-393-03
339-393-04
339-393-05
339-393-06
339-393-07
339-393-08
339-393-09
339-393-10
339-394-01
339-394-02
339-394-03
339-394-04
339-394-05
339-394-06
339-394-07
(1) Filed in the office of the City Clerk of the City of Placentia the 2S" day of L .•y , 2024.
Rai p44 -•-et
City Clerk,
City of Placentia
(2) I hereby certify that the within map showing the proposed boundaries of City of Placentia Community Facilities
District No. 2024-1 (Old Town Maintenance Services), City of Placentia. County of Orange, State of California, was approved by the City Council of the City of Placentia at a regular meeting thereof, held on the 23'4 day o1
J... 2024, by its Resolution No. R-zezr-o,
City Clerk,
City of Placentia
(3) Filed this (0 day of Fu , 2024, at the hour of
/2 o'clock as pm, in Book /01 of Maps of
Assessment and Community Facilities Districts at Page
Ho N/ h/H and as Instrument No.
ZotYlXwo247L9 , in the office of the County
Recorder in the County of Orange, State of California, at the request of the City of Placentia.
Hugh Nguyen
Clerk -Recorder, County of Orange
By R(e.Y4
Deputy Recorder
Fee
Exempt Recording Requested. per CA Govemment Code §27383 0 0
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SHEET 2 OF 2
C( O.4\If i CO?
PROPOSED BOUNDARIES OF
CITY OF PLACENTIA
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(OLD TOWN MAINTENANCE SERVICES)
CITY OF PLACENTIA, COUNTY OF ORANGE
STATE OF CALIFORNIA
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BACKS LANE
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Railroad
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Reference is hereby made to the Assessor maps
of the County of Orange for a description of the
lines and dimensions of these parcels.
LEGEND
Proposed Boundaries of City of Placentia
Community Facilities District 2024-1 (Old
Town Maintenance Services)
Future Annexation Area
Prepared by DTA
EXHIBIT B
DESCRIPTION OF SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2024-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (and may include reserves for replacement) in public street rights-of-way, utility repairs, public infrastructure/fixtures, street maintenance, signage, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services include the following:
a) Maintenance and lighting of parkways, streets, roads, public parking lots and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to streetlights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; and b) Maintenance (including irrigation and replacement) of landscaping vegetation and trees situated on or adjacent to parkways, streets, roads, public parking lots and open space. Maintenance and repair of irrigation facilities; planting, replanting, mowing, trimming, irrigation and fertilization of grass, trees, shrubs, and other plants and vegetation; and
c) Maintenance and replacement of public signage and wayfinding signage, directional signage; and
d) Graffiti removal from and maintenance and repair of public structures situated on parkways, streets, roads, public parking lots and open space; and e) Furnishing, maintenance, repair or replacement of equipment, apparatuses, fixtures or facilities; and
f) Maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts and similar facilities. Maintenance services may include, but are not limited to, the repair, removal or replacement of all or part of any of the water quality improvements within the public right-of-way; clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance; and
Public street sweeping and refuse services on the segments of the arterials. g)
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay "Administrative Expenses," as said term is defined in the Rate and Method of Apportionment. The above services shall be limited to those for the benefit of the properties within the boundaries of CFD No. 2024-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2024-1. This includes paying the salaries and benefits of personnel necessary or convenient to provide the services; payment of insurance costs and other related expenses; and the provision of reserves for repairs, replacements, and for the future provision of services. It is expected that the services will be provided by the District, either with its own employees or by contract with third parties, or any combination thereof.
Resolution R-2024-13
EXHIBIT C
Rate and Method of Apportionment
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF PLACENTIA
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(OLD TOWN MAINTENANCE SERVICES)
A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels in City of Placentia Community Facilities District No. 2024-1 ("CFD No. 2024-1") and collected each Fiscal Year commencing in Fiscal Year 2023-2024, in an amount determined by the City Council of the City of Placentia through the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 2024- 1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map. "Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2024-1: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2024-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees and third party expenses.
Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2024-1 for any other administrative purposes of CFD No. 2024-1. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's parcel number.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's parcel number.
"CFD Administrator" means an official of the City, or designee thereof, responsible for determining and providing for the levy and collection of the Special Tax.
Resolution R-2024-13
"CFD No. 2024-1" means the City of Placentia Community Facilities District No. 2024-1 (Old Town Maintenance Services).
"City" means the City of Placentia.
"Consumer Price Index" means, for each Fiscal Year, the Consumer Price Index published by the U.S. Bureau of Labor Statistics for All Urban Consumers in the Los Angeles -Long Beach -Anaheim region, measured as of the month of December 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 CFD Administrator that is reasonably comparable to the Consumer Price Index for the Los Angeles -Long Beach -Anaheim region. "Council" means the City Council of the City.
"County" means the County of Orange, California.
"Developed Property" means, for each Fiscal Year, all Taxable Property, excluding Existing Building/Structure Property, for which a building permit was issued after March 1, 2023 and prior to March 1 of the previous Fiscal Year for construction of a new building/structure. "Existing Building/Structure Property" means, for each Fiscal Year, all Taxable Property, for which a building or structure existed on such property prior to March 1, 2023. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Hotel/Motel Property" means, for each Fiscal Year, all Assessor's Parcels of Non -Residential Property for which a building permit has been issued for building a non-residential structure that constitutes a place of lodging providing sleeping accommodations and related facilities for travelers. Such related facilities may include, but are not limited to, on-site restaurants, retail establishments, conference rooms/areas, etc.
"Hotel/Motel Rooms" means, for each Assessor's Parcel of Hotel/Motel Property, the number of hotel/motel rooms available for rent for the purpose of overnight lodging, as indicated on the building permit issued by the City. If such room data is not included on the building permit for an Assessor's Parcel of Hotel/Motel Property, then the CFD Administrator shall rely on the site plan or other reasonable data sources as determined by the CFD Administrator. "Industrial Property" means, for each Fiscal Year, all Assessor's Parcels of Non -Residential Property for which a building permit(s) was issued for construction of a non-residential structure(s) which is primarily used for: manufacturing, procession, fabricating, assembly, refining, repairing, packaging, or treatment of goods, material or produce; research and development; and/or warehousing and wholesale distribution of goods, material, or produce. "Maximum Special Tax" means the Maximum Special Tax, determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2024-1.
Resolution R-2024-13
"Multi -Family Residential Property" means any Assessor's Parcel of Residential Property for which one or more building permits have been issued for attached residential units, all of which are made available for rental, but not purchase, by the general public. "Non -Residential Floor Area" means, for Non -Residential Property, the total square footage of enclosed area within the perimeter of a non-residential structure located on such property, not including any space devoted to vehicle parking, walkway, overhang, patio, and areas incident thereto for which a building permit for new construction was issued after March 1, 2023 and prior to March 1 of the previous Fiscal Year. The determination of Non -Residential Floor Area shall be made by reference to the building permit(s) issued for such Assessor's Parcel, or if square footage is not available from this source, as otherwise determined by the CFD Administrator. "Non -Residential Property" means, for each Fiscal Year, all Developed Property for which a building permit(s) was issued for the construction of a new building/structure with a non- residential use.
"Non -Retail Commercial Property" means all Assessor's Parcels of Non -Residential Property not considered (i) Hotel/Motel Property, (ii) Industrial Property, (iii) Retail Commercial Property, or (iv) Office Property.
"Office Property" means, for each Fiscal Year, all Assessor's Parcels of Non -Residential Property for which a building permit(s) was issued for construction of a non-residential structure(s) which is primarily used for: general, professional, and/or medical office space. "Parcel Square Foot" or "Parcel Square Footage" means the land area, or Acreage multiplied by 43,560, of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map.
"Parking Lot Property" means, for each Fiscal Year, Assessor's Parcels 339-394-06 and 339-394- 07 as designated on the Assessor's Parcel Map at the time of formation of CFD No. 3-1 and any other Assessor's Parcel that is not Public Property and for which a building permit has been issued for the construction of, or on which is located a garage, parking lot, or parking structure, as of March 1 of the prior Fiscal Year, and on which is located no other Developed Property, as determined by the CFD Administrator.
"Property Owner Association Property" means, for each Fiscal Year, any Assessor's Parcel within the boundaries of CFD No. 2024-1 that was owned by a property owner association, including any master or sub -association, as of March 1 of the prior Fiscal Year. "Proportionately" means, for Developed Property, Rehab/Remodel Property, and Parking Lot Property that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Developed Property, Rehab/Remodel Property, and Parking Lot Property. "Public Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 2024-1 that is (i) used for rights-of-way or any other purpose and is owned by or irrevocably offered for dedication to the federal government, the State of California, the County, the City or any other public agency as of March 1 of the prior Fiscal Year or (ii) encumbered by an unmanned Resolution R-2024-13
utility easement making impractical its utilization for other than the purpose set forth in the easement as of March 1 of the prior Fiscal Year, 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 in accordance with its use.
"Rehab/Remodel Property" means all Assessor's Parcels of Existing Building/Structure Property for which a building permit with a construction valuation greater than $25,000, as determined by the CFD Administrator, was issued after March 1, 2023 and prior to March 1 of the previous Fiscal Year to rehabilitate or remodel Existing Building/Structure Property. "Residential Property" means all Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Retail Commercial Property" means all Assessor's Parcels of Non -Residential Property for which the building permit was issued for a retail sales tax generating use or which is being used primarily for a retail sales tax generating use, as determined by the CFD Administrator, and not considered (i) Hotel/Motel Property, (ii) Industrial Property, or (iii) Office Property. "Single Family Residential Property" means any Assessor's Parcel of Residential Property not considered Multi -Family Residential Property.
"Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement for Services. "Special Tax Requirement for Services" means that amount required in any Fiscal Year to: (i) pay directly for annual maintenance services that are authorized to be financed by CFD No. 2024-1; (ii) pay Administrative Expenses; less (iii) a credit for funds available to reduce the annual Special Tax levy, as determined by the CFD Administrator.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 2024-1 which are not exempt from the Special Tax pursuant to law or Section E below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Rehab/Remodel Property, Parking Lot Property, Taxable Property Owner Association Property or Taxable Public Property.
"Welfare Exemption" means, for each Fiscal Year, any Assessor's Parcel that is used exclusively for charitable, hospital, or religious purposes and that has a property tax welfare exemption as indicated in the County's assessor's roll finalized as of the last preceding January 1.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2024-1 shall be classified as Developed Property, Rehab/Remodel Property, Parking Lot Property, or Undeveloped Property and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.
Resolution R-2024-13
Developed Property shall be further classified as Residential Property or Non -Residential Property. For Residential Property, the Special Tax will be based on the number of dwelling units as indicated on the building permit. For Non -Residential Property, the Special Tax will be based on the Non -Residential Floor Area or number of Hotel/Motel Rooms. For Rehab/Remodel Property and Parking Lot Property, the Special Tax will be based on the Parcel Square Footage.
C. MAXIMUM SPECIAL TAX
1. Developed Property, Rehab/Remodel Property, and Parking Lot Property a. Maximum Special Tax
Land
Use
Class
The Maximum Special Tax for Fiscal Year 2023-2024 for each Land Use Class is shown below in Table 1.
TABLE 1
Maximum Special Tax for Developed Property, Rehab/Remodel Property, and Parking Lot Property
For Fiscal Year 2023-2024
Description
1 Single Family Residential Property
2 Multi -Family Residential Property
3 Non -Retail Commercial Property
4 Retail Commercial Property
5 Office Property
6 Industrial Property
7 Hotel/Motel Property
8 Rehab/Remodel Property
9 Parking Lot Property
b.
Maximum Special Tax
$318.00 per dwelling unit
$293.00 per dwelling unit
$0.2996 per square foot of Non -Residential Floor Area
$0.2074 per square foot of Non -Residential Floor Area
$0.2996 per square foot of Non -Residential Floor Area
$0.2996 per square foot of Non -Residential Floor Area
$230.00 per Hotel/Motel Room
$0.0765 per Parcel Square Foot
$0.0665 per Parcel Square Foot
Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2024, the Maximum Special Tax for Developed Property, Rehab/Remodel Property, and Parking Lot Property shall be Resolution R-2024-13
increased based on the percentage change in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per Fiscal Year.
c. Multiple Land Use Classes
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax for such Assessor's Parcel shall be the sum of the Maximum Special Tax for all Land Use Classes located on that Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final.
2. Undeveloped Property and Existing Building/Structure Property The Special Tax shall not be levied on Undeveloped Property and Existing Building/Structure Property not classified as Rehab/Remodel Property or Parking Lot Property.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2023-2024 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement for Services and shall levy the Special Tax until the total Special Tax levy equals the Special Tax Requirement for Services. The Special Tax shall be levied each Fiscal Year as follows:
The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property, Rehab/Remodel Property, and Parking Lot Property at up to 100% of the Maximum Special Tax.
E. EXEMPTIONS
No Special Tax shall be levied on Public Property, Property Owner Association Property, or any Assessor's Parcel that has a Welfare Exemption. However, should an Assessor's Parcel no longer be classified as Public Property, Property Owner Association Property, or have a Welfare Exemption, its tax-exempt status will, without the necessity of any action by the Council, terminate.
F. PREPAYMENT OF SPECIAL TAX
Prepayment of the Special Tax is not authorized.
G. APPEALS/INTERPRETATION
Any landowner or resident may file a written appeal of the Special Tax levied on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes.
During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.
Resolution R-2024-13
If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant's property and/or provide a refund to the appellant., If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the Council, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for the appellant's disagreement with the CFD Administrator's determination. The CFD Administrator may charge the appellant a reasonable fee for processing the appeal.
Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.
H. MANNER OF COLLECTION
The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2024-1 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act.
I. TERM OF SPECIAL TAX
The Special Tax shall be levied as long as necessary to meet the Special Tax Requirement for Services.
Resolution R-2024-13
EXHIBIT D
(SEE ATTACHED CFD REPORT)
Resolution R-2024-13
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Public Finance
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Development Economics
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COMMUNITY FACILITIES
DISTRICT REPORT
CITY OF PLACENTIA
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(OLD TOWN MAINTENANCE SERVICES)
February 27, 2024
Irvine / San Jose / San Francisco / Riverside
Dallas / Houston / Raleigh / Tampa
dta /
J 18201 Von Karman Avenue, Suite 220
www.FinanceDTA.com / Irvine, CA 92618
CITY OF PLACENTIA
COMMUNITY FACILITIES DISTRICT REPORT
Community Facilities District No. 2024-1
(Old Town Maintenance Services)
Prepared for:
City of Placentia
401 East Chapman Avenue
Placentia, CA 92870
TABLE
OF CONTENTS
SECTION
PAGE
I INTRODUCTION 1
II PROJECT DESCRIPTION 2
III DESCRIPTION AND ESTIMATED COSTS OF
PROPOSED SERVICES 3
IV
A Description of Proposed Services 3
B Estimated Costs of Proposed Services 4
C Incidental Expenses to be Included in
the Annual Levy of Special Taxes 4
RATE AND METHOD OF APPORTIONMENT 5
A Explanation for Special Tax
Apportionment 5
B Maximum Special Tax 6
C Apportionment of Special Taxes 6
D Accuracy of Information 6
V BOUNDARIES OF THE CFD 7
VI GENERAL TERMS AND CONDITIONS 8
A Substitution of Services 8
B Appeals and Interpretations 8
APPENDICES
APPENDIX A RATE AND METHOD OF
APPORTIONMENT
APPENDIX B BOUNDARY MAP
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SECTION I
INTRODUCTION
I INTRODUCTION
WHEREAS, the City Council of the City of Placentia (hereinafter referred to as the "Council") did, pursuant to the provision of the "Mello -Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (hereinafter referred to as the "Act"), and specifically Section 53321.5 thereof, expressly order the filing of a written "Report" with the legislative body of the proposed community facilities district. This community facilities district being Community Facilities District No. 2024-1 (Old Town Maintenance Services) shall hereinafter be referred to as:
"CFD No. 2024-1"; and,
WHEREAS, a Resolution of Intention of the City Council of the City of Placentia to Establish Community Facilities District No. 2024-1 (Old Town Maintenance Services) and to Authorize the Levy of a Special Tax on Property Within Community Facilities District No. 2024-1 (hereinafter referred to as the "Resolution of Intention") did direct that said Report generally contain the following:
1. A brief description of services by type which will be required to adequately meet the needs of CFD No. 2024-1;
2. An estimate of the cost of providing those services; and
3. An estimate of the fair and reasonable cost of incidental expenses to be incurred.
WHEREAS, each officer of the City of Placentia (hereinafter referred to as the "City") who is or will be responsible for administering the proposed CFD No. 2024-1 has hereby directed DTA to study the proposed CFD No. 2024-1 and, at or before the time of the public hearing on the establishment of CFD No. 2024-1, file the Report with Council pursuant to the provisions of the Resolution of Intention.
NOW, THEREFORE, DTA does hereby submit the Report.
City of Placentia CFD No. 2024-1 (Old Town Maintenance Services) February 27, 2024 Community Facilities District Report
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SECTION II
PROJECT DESCRIPTION
II PROJECT DESCRIPTION
Currently, CFD No. 2024-1 only includes County Assessor's Parcel Number' 339-082-27.
The initial property in CFD No. 2024-1 encompasses approximately 0.31 gross acres of land in the City along Bradford Avenue and Center Street. It is expected that the property will be developed into a 2,000 square foot building for a small restaurant use.
It is anticipated that additional future development projects within the Future Annexation Area will be annexed into CFD No. 2024-1 as a condition of approval. 1 Please note that all capitalized terms used herein, unless otherwise indicated, shall have the meanings defined in the Rate and Method of Apportionment for CFD No. 2024-1.
City of Placentia CFD No. 2024-1 (Old Town Maintenance Services) February 2Z 2024 Community Facilities District Report
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SECTION III
DESCRIPTION AND ESTIMATED
COSTS OF PROPOSED SERVICES
III DESCRIPTION AND ESTIMATED COSTS OF PROPOSED SERVICES The discussion in this section refers to the descriptions and estimated costs of the proposed services that will be funded through Special Taxes levied in CFD No. 2024-1.
A Description of Proposed Services
A.1 Eligible Services Pursuant to the Act
A community facilities district may finance any one or more of the following types of services: police protection services, including, but not limited to, criminal justice services, fire protection and suppression services, and ambulance and paramedic services, recreation program services, library services, and the operation and maintenance of museums and cultural facilities, maintenance of parks, parkways and open space, flood and storm protection services, including, but not limited to, the operation and maintenance of storm drainage systems, and sandstorm protection systems, and services with respect to removal or remedial action for the cleanup of any hazardous substance released or threatened to be released into the environment. The authorized services may be financed only to the extent that such services are in addition to those services provided in the community facilities district prior to creation of the community facilities district.
A.2 Services to be Funded by CFD No. 2024-1
The types of services proposed to be financed by CFD No. 2024-1 are listed below:
a) Maintenance and lighting of parkways, streets, roads, public parking lots and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to streetlights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; b) Maintenance (including irrigation and replacement) of landscaping vegetation and trees situated on or adjacent to parkways, streets, roads, public parking lots and open space. Maintenance and repair of irrigation facilities; planting, replanting, mowing, trimming, irrigation and fertilization of grass, trees, shrubs, and other plants and vegetation; c) Maintenance and replacement of public signage and wayfinding signage, directional signage;
d) Graffiti removal from and maintenance and repair of public structures situated on parkways, streets, roads, public parking lots and open space; e) Furnishing, maintenance, repair or replacement of equipment, apparatuses, fixtures or facilities that serve property within the boundaries of the CFD; City of Placentia CFD No. 2024-1 (Old Town Maintenance Services) February 27, 2024 Community Facilities District Report
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SECTION III
DESCRIPTION AND ESTIMATED
COSTS OF PROPOSED SERVICES
f) Maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts and similar facilities. Maintenance services may include, but are not limited to, the repair, removal or replacement of all or part of arty of the water quality improvements within the public right-of- way; clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance; and g) Public street sweeping and refuse services on the segments of the arterials along Bradford Avenue and Santa Fe Avenue as well as connector streets along Main Street, Melrose Ave, Center Street, Baker Street, and Walnut Avenue.
The services described in this Report are all services which the legislative body creating CFD No. 2024-1 is authorized to provide, and which are required, in part, to adequately meet the needs of CFD No. 2024-1 as currently proposed.
B Estimated Costs of Proposed Services
The intent of CFD No. 2024-1 is to fund a portion of the anticipated shortfall in services costs as a result of development within CFD No. 2024-1. Based on the expected development, the Maximum Special Tax that may be levied against all Developed Property at buildout within CFD No. 2024-1 is equal to $187,400 for fiscal year 2023- 2024. This amount is based on the Special Tax amounts pursuant to Section C.1 of the Rate and Method of Apportionment. The actual costs of the proposed services exceed the amount of annual Maximum Special Taxes that can be generated within CFD No. 2024-1.
Currently, CFD No. 2024-1 only includes Assessor's Parcel Number 339-052-27.
Therefore, the actual costs and annual Maximum Special Taxes may vary in future years as future development projects are annexed into CFD No. 2024-1.
C Incidental Expenses to be Included in the Annual Levy of Special Taxes While the actual costs of administering CFD No. 2024-1 may vary, it is anticipated that the amount of Special Taxes which can be collected at buildout will be sufficient to fund at least $25,000 in annual administrative expenses, which shall be subject to an annual increase based on the percentage change in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per fiscal year.
City of Placentia CFD No. 2024-1 (Old Town Maintenance Services) February 2Z 2024 Community Facilities District Report
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SECTION IV
RATE AND METHOD OF
APPORTIONMENT
IV RATE AND METHOD OF APPORTIONMENT
All of the property located within CFD No. 2024-1, unless exempted by law or by the Rate and Method of Apportionment, shall be taxed for the purpose of providing necessary services to serve CFD No. 2024-1. 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 Tax "may be based on benefit received by parcels of real property, the costs of making authorized facilities or authorized services available to each parcel or other reasonable basis as determined by the legislative body," although the Special Tax may not be apportioned on an ad valorem basis pursuant to Article XIIIA of the California Constitution.
As shown in Appendix A, the adopted Rate and Method of Apportionment provides information sufficient to allow each property owner within CFD No. 2024-1 to estimate the maximum annual Special Tax he or she will be required to pay.
Sections A through D below provide additional information on the Rate and Method of Apportionment.
A Explanation for Special Tax Apportionment
When a community facilities district is formed, a Special Tax may be levied on each parcel of taxable property within the community facilities district to pay for the construction, acquisition and rehabilitation of public facilities, to pay for authorized services or to repay bonded indebtedness or other related expenses incurred by CFD No. 2024-1. This Special Tax must be apportioned in a reasonable manner; however, the tax may not be apportioned on an ad valorem basis.
When more than one type of land use is present within a community facilities district, several criteria may be considered when apportioning the Special Tax. Generally, criteria based on building square footage, acreage, and land use are selected, and categories based on such criteria are established to differentiate between parcels of property. These categories are a direct result of the projected product mix and are reflective of the proposed land use types within that community facilities district. Specific Special Tax levels are assigned to each land use class, with all parcels within a land use class assigned the same Special Tax rate.
The Act does not require that Special Taxes be apportioned to individual parcels based on benefit received. However, in order to ensure fairness and equity, benefit principles have been incorporated in establishing the Special Tax rates for CFD No. 2024-1.
The major assumption inherent in the Special Tax rates set forth in the Rate and Method of Apportionment is that the level of benefit received from the proposed services is a function of land use.
Nine Land Use Classes have been established for CFD No. 2024-1. Developed Property shall be assigned to Land Use Classes 1 through 7 and taxed based on the number of dwelling City of Placentia CFD No. 2024-1 (Old Town Maintenance Services) February 27, 2024 Community Facilities District Report
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SECTION IV
RATE AND METHOD OF
APPORTIONMENT
unit(s), non-residential floor area, or hotel/motel rooms located on the Assessor's Parcel.
Rehab/Remodel Property and Parking Lot Property will be assigned to Land Use Classes 8 and 9 and taxed based on the square footage of the Assessor's Parcel.
Based on the types of services that are proposed for CFD No. 2024-1 and the factors described above, the Special Taxes assigned to Developed Property are generally proportionate to the relative benefits received by them, and, accordingly, the Special Taxes in CFD No. 2024-1 can be considered fair and reasonable.
B Maximum Special Tax
Table 1 within the Rate and Method of Apportionment lists the Maximum Special Tax that may be levied on each Assessor's Parcel classified as Developed Property, Rehab/Remodel Property, and Parking Lot Property within CFD No. 2024-1 to fund the Special Tax Requirement. As defined in the Rate and Method of Apportionment, the Special Tax will pay for (i) annual maintenance services that are authorized to be financed by CFD No. 2024-1 and (ii) Administrative Expenses.
The Maximum Special Tax on Developed Property, Rehab/Remodel Property, and Parking Lot Property shall be increased each year as set forth in Section C.1 of the Rate and Method of Apportionment. No Special Tax shall be levied on Undeveloped Property and Existing Building/Structure Property not classified as Rehab/Remodel Property or Parking Lot Property.
C Apportionment of Special Taxes
Each year, the Special Tax shall be levied subject to the methodology and Maximum Special Taxes set forth in the Rate and Method of Apportionment, in an amount sufficient to meet the appropriate special tax requirement.
The amount of the special tax requirement that is apportioned to each Assessor's Parcel is determined through the application of Section D of the Rate and Method of Apportionment.
D Accuracy of Information
In order to establish the Maximum Special Tax rates for Developed Property, Rehab/Remodel Property, and Parking Lot Property as set forth in the Rate and Method of Apportionment, DTA has relied on information including, but not limited to, services costs and absorption provided to it by others. DTA has not independently verified such data and disclaims responsibility for the impact of inaccurate data, if any, on the Rate and Method of Apportionment for CFD No. 2024-1, including the inability to meet the financial obligations within CFD No. 2024-1.
City of Placentia CFD No. 2024-1 (Old Town Maintenance Services) February 27, 2024 Community Facilities District Report
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SECTION V
BOUNDARIES OF THE CFD
V BOUNDARIES OF THE CFD
The boundaries of CFD No. 2024-1 include all land on which the Special Taxes may be levied.
Currently, CFD No. 2024-1 only includes Assessor's Parcel Number 339-082-27. It is anticipated that certain future development projects within the Future Annexation Area will be annexed into CFD No. 2024-1 as a condition of approval.
A map showing the boundaries of Assessor's Parcel Number 339-082-27 and the Future Annexation Area of CFD No. 2024-1 is provided as Appendix B.
City of Placentia CFD No. 2024-1 (Old Town Maintenance Services) February 27, 2024 Community Facilities District Report
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VI GENERAL TERMS AND CONDITIONS
A Substitution of Services
SECTION VI
GENERAL TERMS AND
CONDITIONS
The descriptions of the services, as set forth herein, are general in their nature. The final nature and location of services will be determined by the City. The City may modify the services provided and any such substitution shall not be a change or modification in the proceedings as long as the services provide a function substantially similar to that as set forth in this Report.
B Appeals and Interpretations
Pursuant to Section G of the Rate and Method of Apportionment, any landowner or resident may file a written appeal of the Special Tax levied on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes.
During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant's property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the Council, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for the appellant's disagreement with the CFD Administrator's determination. The CFD Administrator may charge the appellant a reasonable fee for processing the appeal.
Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.
City of Placentia CFD No. 2024-1 (Old Town Maintenance Services) February 27, 2024 Community Facilities District Report
8 APPENDIX A
City of Placentia CFD No. 2024-1
(Old Town Maintenance Services)
Community Facilities District Report
RATE AND METHOD OF
APPORTIONMENT
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF PLACENTIA
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(OLD TOWN MAINTENANCE SERVICES)
A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels in City of Placentia Community Facilities District No. 2024-1 ("CFD No. 2024-1") and collected each Fiscal Year commencing in Fiscal Year 2023-2024, in an amount determined by the City Council of the City of Placentia through the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 2024-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map.
"Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2024-1: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2024-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2024-1 for any other administrative purposes of CFD No. 2024-1.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's parcel number.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's parcel number.
City of Placentia December 14, 2023
CFD No. 2024-1 (Old Town Maintenance Services) Page 1
"CFD Administrator" means an official of the City, or designee thereof, responsible for determining and providing for the levy and collection of the Special Tax.
"CFD No. 2024-1" means the City of Placentia Community Facilities District No. 2024-1 (Old Town Maintenance Services).
"City" means the City of Placentia.
"Consumer Price Index" means, for each Fiscal Year, the Consumer Price Index published by the U.S. Bureau of Labor Statistics for All Urban Consumers in the Los Angeles -Long Beach -Anaheim region, measured as of the month of December 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 CFD Administrator that is reasonably comparable to the Consumer Price Index for the Los Angeles -Long Beach - Anaheim region.
"Council" means the City Council of the City.
"County" means the County of Orange, California.
"Developed Property" means, for each Fiscal Year, all Taxable Property, excluding Existing Building/Structure Property, for which a building permit was issued after March 1, 2023 and prior to March 1 of the previous Fiscal Year for construction of a new building/structure.
"Existing Building/Structure Property" means, for each Fiscal Year, all Taxable Property, for which a building or structure existed on such property prior to March 1, 2023.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Hotel/Motel Property" means, for each Fiscal Year, all Assessor's Parcels of Non -Residential Property for which a building permit has been issued for building a non-residential structure that constitutes a place of lodging providing sleeping accommodations and related facilities for travelers. Such related facilities may include, but are not limited to, on-site restaurants, retail establishments, conference rooms/areas, etc.
"Hotel/Motel Rooms" means, for each Assessor's Parcel of Hotel/Motel Property, the number of hotel/motel rooms available for rent for the purpose of overnight lodging, as indicated on the building permit issued by the City.
If such room data is not included on the building permit for an Assessor's City of Placentia December 14, 2023
CFD No. 2024-1 (Old Town Maintenance Services) Page 2
Parcel of Hotel/Motel Property, then the CFD Administrator shall rely on the site plan or other reasonable data sources as determined by the CFD Administrator.
"Industrial Property" means, for each Fiscal Year, all Assessor's Parcels of Non -Residential Property for which a building permit(s) was issued for construction of a non-residential structure(s) which is primarily used for:
manufacturing, procession, fabricating, assembly, refining, repairing, packaging, or treatment of goods, material or produce; research and development; and/or warehousing and wholesale distribution of goods, material, or produce.
"Maximum Special Tax" means the Maximum Special Tax, determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2024-1. "Multi -Family Residential Property" means any Assessor's Parcel of Residential Property for which one or more building permits have been issued for attached residential units, all of which are made available for rental, but not purchase, by the general public.
"Non -Residential Floor Area" means, for Non -Residential Property, the total square footage of enclosed area within the perimeter of a non-residential structure located on such property, not including any space devoted to vehicle parking, walkway, overhang, patio, and areas incident thereto for which a building permit for new construction was issued after March 1, 2023 and prior to March 1 of the previous Fiscal Year. The determination of Non - Residential Floor Area shall be made by reference to the building permit(s) issued for such Assessor's Parcel, or if square footage is not available from this source, as otherwise determined by the CFD Administrator. "Non -Residential Property" means, for each Fiscal Year, all Developed Property for which a building permit(s) was issued for the construction of a new building/structure with a non-residential use.
"Non -Retail Commercial Property" means all Assessor's Parcels of Non - Residential Property not considered (i) Hotel/Motel Property, (ii) Industrial Property, (iii) Retail Commercial Property, or (iv) Office Property. "Office Property" means, for each Fiscal Year, all Assessor's Parcels of Non - Residential Property for which a building permit(s) was issued for construction of a non-residential structure(s) which is primarily used for:
general, professional, and/or medical office space.
"Parcel Square Foot" or "Parcel Square Footage" means the land area, or Acreage multiplied by 43,560, of an Assessor's Parcel as shown on an City of Placentia December 14, 2023
CFD No. 2024-1 (Old Town Maintenance Services) Page 3
Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map.
"Parking Lot Property" means, for each Fiscal Year, any Assessor's Parcel that is not Public Property and for which a building permit has been issued for the construction of, or on which is located a garage, parking lot, or parking structure, as of March 1 of the prior Fiscal Year, and on which is located no other Developed Property, as determined by the CFD Administrator. "Property Owner Association Property" means, for each Fiscal Year, any Assessor's Parcel within the boundaries of CFD No. 2024-1 that was owned by a property owner association, including any master or sub -association, as of March 1 of the prior Fiscal Year.
"Proportionately" means, for Developed Property, Rehab/Remodel Property, and Parking Lot Property that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Developed Property, Rehab/Remodel Property, and Parking Lot Property.
"Public Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 2024-1 that is (i) used for rights-of-way or any other purpose and is owned by or irrevocably offered for dedication to the federal government, the State of California, the County, the City or any other public agency as of March 1 of the prior Fiscal Year or (ii) encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement as of March 1 of the prior Fiscal Year, 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 in accordance with its use.
"Rehab/Remodel Property" means all Assessor's Parcels of Existing Building/Structure Property for which a building permit with a construction valuation greater than $25,000, as determined by the CFD Administrator, was issued after March 1, 2023 and prior to March 1 of the previous Fiscal Year to rehabilitate or remodel Existing Building/Structure Property. "Residential Property" means all Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units.
"Retail Commercial Property" means all Assessor's Parcels of Non -Residential Property for which the building permit was issued for a retail sales tax generating use or which is being used primarily for a retail sales tax generating use, as determined by the CFD Administrator, and not considered (i) Hotel/Motel Property, (ii) Industrial Property, or (iii) Office Property.
City of Placentia December 14, 2023
CFD No. 2024-1 (Old Town Maintenance Services) Page 4
"Single Family Residential Property" means any Assessor's Parcel of Residential Property not considered Multi -Family Residential Property. "Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement for Services.
"Special Tax Requirement for Services" means that amount required in any Fiscal Year to: (i) pay directly for annual maintenance services that are authorized to be financed by CFD No. 2024-1; (ii) pay Administrative Expenses; less (iii) a credit for funds available to reduce the annual Special Tax levy, as determined by the CFD Administrator.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 2024-1 which are not exempt from the Special Tax pursuant to law or Section E below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Rehab/Remodel Property, Parking Lot Property, Taxable Property Owner Association Property or Taxable Public Property.
"Welfare Exemption" means, for each Fiscal Year, any Assessor's Parcel that is used exclusively for charitable, hospital, or religious purposes and that has a property tax welfare exemption as indicated in the County's assessor's roll finalized as of the last preceding January 1.
H. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2024-1 shall be classified as Developed Property, Rehab/Remodel Property, Parking Lot Property, or Undeveloped Property and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.
Developed Property shall be further classified as Residential Property or Non - Residential Property. For Residential Property, the Special Tax will be based on the number of dwelling units as indicated on the building permit. For Non - Residential Property, the Special Tax will be based on the Non -Residential Floor Area or number of Hotel/Motel Rooms. For Rehab/Remodel Property and Parking Lot Property, the Special Tax will be based on the Parcel Square Footage.
City of Placentia December 14, 2023
CFD No. 2024-1 (Old Town Maintenance Services) Page 5
C. MAXIMUM SPECIAL TAX
Land
Use
Class
1 2
3 4
5 6
7 8
9 1. Developed Property, Rehab/Remodel Property, and Parking Lot Property
a. Maximum Special Tax
The Maximum Special Tax for Fiscal Year 2023-2024 for each Land Use Class is shown below in Table 1.
TABLE 1
Maximum Special Tax for Developed Property, Rehab/Remodel Property, and Parking Lot Property
For Fiscal Year 2023-2024
Description
Single Family Residential Property
Multi -Family Residential Property
Non -Retail Commercial Property
Retail Commercial Property
Office Property
Industrial Property
Hotel/Motel Property
Rehab/Remodel Property
Parking Lot Property
Maximum Special Tax
$318.00 per dwelling unit
$0.2996 per square
$0.2074 per square
$0.2996 per square
$0.2996 per square
$293.00 per dwelling unit
foot of Non -Residential Floor Area
foot of Non -Residential Floor Area
foot of Non -Residential Floor Area
foot of Non -Residential Floor Area
$230.00 per Hotel/Motel Room
$0.0765 per Parcel Square Foot
$0.0665 per Parcel Square Foot
b. Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2024, the Maximum Special Tax for Developed Property, Rehab/Remodel Property, and Parking Lot Property shall be increased based on the percentage change in the Consumer Price Index with a
maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per Fiscal Year.
c. Multiple Land Use Classes
City of Placentia December 14, 2023
CFD No. 2024-1 (Old Town Maintenance Services) Page 6
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maximum
Special Tax for such Assessor's Parcel shall be the sum of the Maximum Special Tax for all Land Use Classes located on that Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final.
2. Undeveloped Property and Existing Building/Structure Property The Special Tax shall not be levied on Undeveloped Property and Existing Building/Structure Property not classified as Rehab/Remodel Property or Parking Lot Property.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2023-2024 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement for Services and shall levy the Special Tax until the total Special Tax levy equals the Special Tax Requirement for Services. The Special Tax shall be levied each Fiscal Year as follows:
The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property, Rehab/Remodel Property, and Parking Lot Property at up to 100% of the Maximum Special Tax.
E. EXEMPTIONS
No Special Tax shall be levied on Public Property, Property Owner Association Property, or any Assessor's Parcel that has a Welfare Exemption. However, should an Assessor's Parcel no longer be classified as Public Property, Property Owner Association Property, or have a Welfare Exemption, its tax- exempt status will, without the necessity of any action by the Council, terminate.
F. PREPAYMENT OF SPECIAL TAX
Prepayment of the Special Tax is not authorized.
G. APPEALS/INTERPRETATION
Arty landowner or resident may file a written appeal of the Special Tax levied on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD City of Placentia December 14, 2023
CFD No. 2024-1 (Old Town Maintenance Services) Page 7
Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.
If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant's property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the Council, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for the appellant's disagreement with the CFD Administrator's determination. The CFD Administrator may charge the appellant a reasonable fee for processing the appeal.
Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.
H. MANNER OF COLLECTION
The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2024-1 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act.
I. TERM OF SPECIAL TAX
The Special Tax shall be levied as long as necessary to meet the Special Tax Requirement for Services.
City of Placentia December 14, 2023
CFD No. 2024-1 (Old Town Maintenance Services) Page 8
APPENDIX B
City of Placentia CFD No. 2024-1
(Old Town Maintenance Services)
Community Facilities District Report
BOUNDARY MAP
c, SHEET 1 OF 2
cs-
Assessor Parcels in the City of Placentia
Community Facilities District No. 2024-1
(Old Town Maintenance Services):
339-052-27
Prepared by DTA
CONFORMED COPY
PROPOSED BOUNDARIES OF
CITY OF PLACENTIA
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(OLD TOWN MAINTENANCE SERVICES)
CITY OF PLACENTIA, COUNTY OF ORANGE
STATE OF CALIFORNIA
Assessor Parcels
Community Facilities
339-052-14
339-052-15
339-052-16
339-052-17
339-052-18
339-052-19
339-052-20
339-052-21
339-052-24
339-052-26
339-052-27
339-052-28
339-052-29
339-061-01
339-061-02
339-061-03
339-061-04
339-061-05
339-061-06
339-061-07
339-061-08
339-061-09
339-061-10
339-061-11
339-061-12
339-061-13
339-061-14
339-061-15
339-061-16
339-061-17
339-355-02
339-355-03
339-355-04
339-355-05
339-355-06
339-355-07
in the Future Annexati
on Area of City of Placentia
District No. 2024-1 (Old
339-355-08
339-355-09
339-355-10
339-355-11
339-355-12
339-355-13
339-355-14
339-355-15
339-355-16
339-355-17
339-355-18
339-355-19
339-355-20
339-355-22
339-362-05
339-362-06
339-363-09
339-363-10
339-363-11
339-363-12
339-363-13
339-363-16
339-363-17
339-363-18
339-363-19
339-363-29
339-364-10
339-364-11
339-364-12
339-364-13
339-364-14
339-364-15
339-364-16
339-365-01
339-365-02
339-365-03
Town Maintenance Services):
339-365-04
339-365-05
339-365-06
339-365-07
339-365-08
339-365-09
339-365-10
339-365-15
339-365-16
339-365-17
339-365-18
339-365-19
339-365-20
339-365-21
339-365-22
339-365-23
339-365-25
339-365-26
339-365-27
339-391-01
339-391-02
339-391-03
339-391-04
339-391-05
339-391-06
339-391-09
339-391-10
339-391-11
339-391-12
339-391-13
339-391-14
339-391-15
339-391-16
339-392-01
339-392-02
339-392-03
CONFORMED COPY
339-392-04
339-392-05
339-392-06
339-392-07
339-392-08
339-392-09
339-392-10
339-392-11
339-392-12
339-392-13
339-392-14
339-392-15
339-392-16
339-392-17
339-392-18
339-392-19
339-392-20
339-392-21
339-392-22
339-393-01
339-393-02
339-393-03
339-393-04
339-393-05
339-393-06
339-393-07
339-393-08
339-393-09
339-393-10
339-394-01
339-394-02
339-394-03
339-394-04
339-394-05
339-394-06
339-394-07
(1)
/09
yo
Filed in the office of the City Clerk of the City of Placentia the 25"' day of Jum.y , 2024.
City Clerk,
City of Placentia
(2) I hereby certify that the within map showing the proposed boundaries of City of Placentia Community Facilities
District No. 2024-1 (Old Town Maintenance Services), City of Placentia, County of Orange, State of Califomia, was approved by the City Council of the City of Placentia at a regular meeting thereof, held on the 23'4 day of
.,6t47 , 2024, by its Resolution No. R-zo2e•dr
Pi d,el
City Clerk,
City of Placentia
(3) Filed this & day of Februal , 2024, at the hour of
/2 o'clock 35 pm, in Book lo? _ of Maps of
Assessment and Community Facilities Districts at Page
yo -y/ M/n and as Instrument No.
7.4924000024103 , in the office of the County
Recorder in the County of Orange, State of California, at the request of the City of Placentia.
Hugh Nguyen
Clerk -Recorder, County of Orange
By
Deputy Recorder
Fee
Exempt Recording Requested, per CA Government Code §27383
SHEET 2 OF 2
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a
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R
1 -
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LIVE
CONFORMED COPY
PROPOSED BOUNDARIES OF
CITY OF PLACENTIA
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(OLD TOWN MAINTENANCE SERVICES)
CITY OF PLACENTIA, COUNTY OF ORANGE
STATE OF CALIFORNIA
CFrAPryAN
W
ENTER
T
upoo ET
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0 •
sat 0044.
a•
MER
CONFORMED COPY
ti
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BACKS LANE
109
Reference is hereby made to the Assessor maps
of the County of Orange for a description of the
lines and dimensions of these parcels.
LEGEND
Proposed Boundaries of City of Placentia
Community Facilities District 2024-1 (Old
Town Maintenance Services)
Future Annexation Area
Prepared by DTA
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