4 ATTACHMENT 3
may not be prepaid.
Notwithstanding the foregoing, if the actual cost of providing Authorized Services to any territory within the proposed Future Annexation Area is higher or lower than the cost of providing such services within the existing CFD No. 2022-01, a higher or lower special tax may be levied within such territory subject to the unanimous approval and election of the owner or owners of such territory. In any such circumstance, the Rate and Method may be revised to reflect the higher or lower special tax, as applicable.
The proposed Special Tax, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner as this City Council or its designee shall determine, including direct billing of the affected property owners. Such Special Tax shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any Special Tax that may not be collected on the County tax roll shall be collected through a direct billing procedure by the City.
Pursuant to Government Code Section 53340 and except as provided in Government Code Section 53317.3, properties of entities of the state, federal, and local governments shall be exempt from the levy of the Special Tax.
Section 7. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this City Council hereby establishes the following accountability measures pertaining to the levy by CFD No. 2022-01 of the special taxes described in Section 6 above.
A. The Special Tax shall be levied for the specific purposes set forth in Section 6 above.
B. The proceeds of the levy of the Special Tax shall be applied only to the specific applicable purposes set forth in Section 6 above.
C. CFD No. 2022-01 shall establish a separate account into which the proceeds of the Special Tax shall be deposited.
D. The Finance Director of the City of Rancho Cucamonga, or his or her designee, acting for and on behalf of CFD No. 2022-01, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3
Section 8. Annexation Effective Date. Annexation of territory in the Future Annexation Area to CFD No. 2022-01 in the future shall be effective only upon the unanimous approval of the owner or owners of each parcel or parcels to the annexation of such parcel or parcels to the election by such owner or owners to subject such parcel or parcel to the levy of the special tax at any time that any parcel is proposed for annexation. Upon receipt of the written consent and election by such owner or owners, no further public hearings will be required to effectuate the annexation of such parcel or parcels to CFD No. 2022-01.
5 ATTACHMENT 3
[Remainder of this page intentionally left blank.]
6 ATTACHMENT 3
Section 9. Effective Date. This resolution shall become effective upon its adoption.
ADOPTED by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting thereof held this 1st day of June, 2022, by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
APPROVED
L. DENNIS MICHAEL, MAYOR
ATTEST
JANICE C. REYNOLDS, CITY CLERK
Attachments: Exhibit A
Exhibit B
A-1
ATTACHMENT 3
EXHIBIT A
DESCRIPTION OF AUTHORIZED SERVICES
The City may finance any services which may be funded with proceeds of the special tax of CFD No. 2022-01, authorized pursuant to Section 53313 of the Act, including but not limited to all costs attributable to maintaining and servicing street lights, traffic signals and appurtenant facilities throughout CFD No. 2022-01. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement, and repair required to keep the improvements in operational and satisfactory condition.
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.
B-1
ATTACHMENT 3
EXHIBIT B
RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2022-01
(STREET LIGHTING SERVICES) OF THE CITY OF RANCHO CUCAMONGA A Special Tax, as hereinafter defined, shall be levied and collected for Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga (“CFD No. 2022-01”) each Fiscal Year commencing in Fiscal Year 2022/23, in an amount determined by the application of the procedures below. All Taxable Property, as hereinafter defined, 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 meaning:
“Accessory Dwelling Unit” or “ADU” means a secondary residential unit of limited size, as defined in California Government Code Section 65852.2, as may be amended from time to time, that is accessory to a single-unit dwelling. The ADU may be on the same Assessor’s Parcel as the single-unit dwelling or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an ADU only.
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event that the Assessor’s Parcel Map or Assessor’s Data shows no acreage, the Acreage for any Assessor’s Parcel may be determined by the CFD Administrator based upon the applicable condominium plan, final map, parcel map or calculated using available spatial data and GIS.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1, Division 2 of Title 5 of the Government Code of the State. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of CFD No. 2022-01 including, but not limited to, the following: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the
B-2
ATTACHMENT 3
Special Tax; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any action arising from any delinquent Special Tax in CFD No. 2022-01. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2022-01 for any other administrative purposes, including, but not limited to, attorney’s fees. “Annual Services Costs” means the amounts required to fund services authorized to be funded by CFD No. 2022-01.
“Annual Special Tax Requirement” means that amount with respect to CFD No. 2022-01 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD No. 2022-01, and (4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year.
“Assessor’s Data” means Units, Acreage, or other information contained in the records of the County Assessor for each Assessor’s Parcel. “Assessor’s Parcel” or “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.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County Assessor for purposes of identification.
“Boundary Map” means that map recorded with the County recorder’s office on May 4, 2022 in Book 90 at Page 22 as Document Number 2022-0167399. “CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“CFD No. 2022-01” means Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga.
“City” means the City of Rancho Cucamonga.
“City Council” means the City Council of the City, acting as the legislative body of CFD No. 2022-01.
“County” means the County of San Bernardino, California. “County Assessor” means the County Assessor of the County.
B-3
ATTACHMENT 3
“Developed Property” means, in any Fiscal Year, all Taxable Property in CFD No. 2022-01 for which a building permit for new construction was issued by the City prior to April 1 of the preceding Fiscal Year.
“Exempt Property” means all Assessors’ Parcels within the boundary of CFD No. 2022-01 which are exempt from the Special Tax pursuant to Section E. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “GIS” means a geographic information system.
“Maximum Special Tax” means the maximum Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section C. “Mixed Use Property” means all Assessor’s Parcels that have been classified by the City to allow multiple uses on each such Assessor’s Parcel. For an Assessor’s Parcel of Mixed Use Property, each property use thereon is subject to taxation pursuant to section C below. The Acreage used to calculate the Special Tax for a portion of an Assessor’s Parcel that is Non-Residential Property shall include only the share of such Assessor’s Parcel that will be used as Non-Residential Property, to include structures, parking and other Parcel area.
“Multi-Family Residential Property” means, in any Fiscal Year, all Assessor’s Parcels of Developed Property with two or more Units that share a single Assessor’s Parcel Number, are offered for rent to the general public, and cannot be purchased by individual homebuyers, according to Assessor’s Data or as otherwise known by the CFD Administrator. Multi-Family Property also means, in any Fiscal Year, all Assessor’s Parcels of Developed Property with one Unit with a single Assessor’s Parcel Number that is a condominium pursuant the definition in Civil Code Section 4125 or a townhome.
“Non-Residential Property” means all Assessor’s Parcels of Developed Property within the boundaries of CFD 2022-01 for which a building permit(s) has been issued for a non-residential structure(s).
“Open Space Property” means property within the boundaries of CFD No. 2022-01 which (i) has been designated with specific boundaries and Acreage on a final subdivision map as open space, (ii) is classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the City, or any other public agency, or (iv) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space.
“Property Owner’s Association” means any property owner’s association. As used in this definition, a Property Owner’s Association includes any home-owner’s
B-4
ATTACHMENT 3
association, condominium owner’s association, master or sub-association or non- residential owner’s association.
“Property Owner’s Association Property” means any property within the boundaries of CFD No. 2022-01 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property.
“Proportionately” means for Developed Property and Undeveloped Property, that the ratio of the Special Tax levy to the Maximum Annual Special Tax is equal within each respective Tax Zone.
“Public Property” means any property within the boundaries of CFD No. 2022-01 which (i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and Acreage on a final subdivision map as property which will be owned by a public agency. For purposes of this definition, a public agency includes the federal government, the State, the County, the City, school districts, or any other public agency. “Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Tax for CFD No. 2022-01.
“Single Family Residential Property” means all Assessor’s Parcels of Developed Property with a residential structure intended as a single primary Unit. “Special Tax” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement. “State” means the State of California.
“Tax Escalation Factor” means on July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax as shown in Section C shall be increased by a minimum of two percent (2%) to a maximum of six percent (6%), determined on an annual basis as needed to satisfy the Special Tax Requirement. “Tax Zone” means an area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All the Taxable Property within CFD No. 2022-01 at the time of its formation is within Tax Zone Nos. 1 and 6. Additional Tax Zones may be created when property is annexed to CFD No. 2022-01, and a separate Maximum Special Tax shall be identified for property within each new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone when such Parcels are annexed to CFD No. 2022-01 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation. “Taxable Property” means all the Assessor’s Parcels within the boundaries of CFD No. 2022-01 that are not exempt from the Special Tax pursuant to law or Section E below.
B-5
ATTACHMENT 3
“Undeveloped Property” means all the Assessor’s Parcels of Taxable Property within the boundaries of CFD No. 2022-01 that are not Developed Property. “Unit” means an individual residential living space. The number of Units assigned to each Assessor’s Parcel may be determined by (i) referencing Assessor’s Data, (ii) site surveys and physical unit counts, and/or (iii) other research by the CFD Administrator.
“Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 2022-01 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code.
B. DETERMINATION OF TAXABLE PARCELS
On, or about, July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD No. 2022-01.
If any Assessor’s Parcel Numbers are no longer valid, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers in effect for the then- current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor’s Parcels Numbers pursuant to Section C. The CFD Administrator shall also determine: (i) the Tax Zone within which each Parcel is located; (ii) which Parcels are Developed Property and Undeveloped Property; (iii) the number of Units or Acreage each Parcel contains; (iv) the property type, i.e., Single Family Residential Property, Non-Residential Property, etc.; and (v) the Annual Special Tax Requirement for the Fiscal Year.
C. MAXIMUM ANNUAL SPECIAL TAX RATE
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within Tax Zone Nos. 1-8 shall be assigned according to the tables on the following pages.
In some instances, an Assessor’s Parcel of Developed Property may contain more than one property land use. The Maximum Special Tax assigned to an Assessor’s Parcel of Mixed Use Property shall be the sum of the Maximum Special Tax for all property uses located on that Assessor’s Parcel. Additionally, Accessory Dwelling Units will be levied at 50% of the applicable Maximum Special Tax Rate for the property type of the primary Unit.
B-6
ATTACHMENT 3
Tax Zone No. 1
Property Land Use
2022/23 Maximum Special Tax
Rate
Single Family Residential
Property $22.67 per Unit
Multi-Family Residential
Property $22.67 per Unit
Non-Residential Property $45.34 per Acre
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.
Tax Zone No. 2
Property Land Use
2022/23 Maximum Special Tax
Rate
Single Family Residential
Property $75.17 per Unit
Multi-Family Residential
Property $75.17 per Unit
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.
Tax Zone No. 3
Property Land Use
2022/23 Maximum Special Tax
Rate
Single Family Residential
Property $47.15 per Unit
Multi-Family Residential
Property $47.15 per Unit
Non-Residential Property $94.30 per Are
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.
B-7
ATTACHMENT 3
Tax Zone No. 4
Property Land Use
2022/23 Maximum Special Tax
Rate
Single Family Residential
Property $28.96 per Unit
Multi-Family Residential
Property $28.96 per Unit
Non-Residential Property $57.92 per Acre
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.
Tax Zone No. 5
Property Land Use
2022/23 Maximum Special Tax
Rate
Single Family Residential
Property $63.79 per Unit
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.
Tax Zone No. 6
Property Land Use
2022/23 Maximum Special Tax
Rate
Non-Residential Property $51.40 per Acre
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.
B-8
ATTACHMENT 3
Tax Zone No. 7
Property Land Use
2022/23 Maximum Special Tax
Rate
Single Family Residential
Property $58.64 per Unit
Multi-Family Residential
Property $58.64 per Unit
Non-Residential Property $117.28 per Acre
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.
Tax Zone No. 8
Property Land Use
2022/23 Maximum Special Tax
Rate
Single Family Residential
Property $37.79 per Unit
Multi-Family Residential
Property $37.79 per Unit
Non-Residential Property $75.58 per Acre
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.
On July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax for Tax Zone Nos. 1-8 shall be increased by an amount equal to the Tax Escalation Factor.
A different Maximum Special Tax rate and Tax Escalation Factor may be identified in Tax Zones added to CFD No. 2022-01 as a result of future annexations.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
All Taxable Property shall be subject to a Special Tax defined as follows.
The Special Tax shall be levied each Fiscal Year by the CFD Administrator. The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD No. 2022-01 by the method shown below.
First: Determine the Annual Special Tax Requirement.
B-9
ATTACHMENT 3
Second: Levy the Special Tax on each Parcel of Developed Property and Undeveloped Property, Proportionately, up to the applicable Maximum Special Tax.
Under no circumstances will the Special Tax on any Assessor’s Parcel used for private residential purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2022-01.
E. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Property Owner’s Association Property, Assessor’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement, or Public Property, except as otherwise provided in Sections 53317.3, 53317.5, and 533401 of the Act.
Welfare Exempt Property shall thereafter be exempt from the Special Tax for as long as the property qualifies as Welfare Exempt Property.
F. APPEAL OF SPECIAL TAX LEVY
Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax 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 property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, the CFD Administrator shall determine if sufficient Special Tax revenue is available to make a cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit future Special Taxes.
This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.
B-10
ATTACHMENT 3
G. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT
The City Council may, by resolution or ordinance, interpret, clarify and/or revise this Rate and Method of Apportionment to correct any inconsistency, vagueness, or ambiguity as it relates to the Special Taxes, method of apportionment, classification of Assessor’s Parcels, or any definition used herein, as long as such correction does not materially affect the levy and collection of Special Taxes. In addition, the interpretation and application of any section of this document shall be at the City’s discretion.
H. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD No. 2022-01, and may collect delinquent Special Taxes through available methods.
A Special Tax shall be levied commencing in Fiscal Year 2022/23 to the extent necessary to satisfy the Annual Special Tax Requirement and shall be levied for as long as required to satisfy the Annual Special Tax Requirement.
I. PREPAYMENT OF SPECIAL TAX
The Special Tax may not be prepaid.
1 ATTACHMENT 4
RESOLUTION NO. 2022-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-02 (INDUSTRIAL AREA
SERVICES) OF THE CITY OF RANCHO CUCAMONGA, AUTHORIZING
THE ANNEXATION OF TERRITORY IN THE FUTURE TO SUCH
COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council (the “City Council”) of the City of Rancho Cucamonga (the "City") has declared its intention, conducted proceedings and held a public hearing relating to the authorization to annex territory in the future to Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga (“CFD No. 2022-02”) pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"), and specifically Article 3.5 thereof; and WHEREAS, notice of such public hearing was given in the form and manner as required by the Act; and
WHEREAS, all communications relating to the authorization to annex territory in the future were presented at such public hearing, and it has been determined that a majority protest as defined by Government Code Section 53339.6 has not been received against the authorization to annex territory in the future to CFD No. 2022-02; and WHEREAS, it has now been determined to be within the public interest and convenience to establish a procedure to allow and provide for future annexations to CFD No. 2022-02 and further to specify the amount of special taxes that would be authorized to be levied on any parcels that may be annexed to CFD No. 2022-02 in the future, as well as setting forth the terms and conditions for certification for any annexation in the future; and
WHEREAS, the territory proposed to be annexed in the future shall be known and designated as Future Annexation Area Community Facilities District No. 2022-02 (the "Future Annexation Area"), and a map designated as "Future Annexation Area, Community Facilities District No. 2022-02 (Industrial Area Services), City of Rancho Cucamonga, County of San Bernardino, State of California" showing the territory proposed to be annexed in the future has been approved and a copy thereof shall be kept on file with the transcript of these proceedings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows:
Section 1. Recitals. The above recitals are all true and correct.
Section 2. Determinations. It is hereby determined by this City Council as follows:
2 ATTACHMENT 4
A. All prior proceedings pertaining to authorization for the annexation of the Future Annexation Area to CFD No. 2022-02 in the future were valid and taken in conformity with the requirements of the law, and specifically the provisions of the Act, and this finding and determination is made pursuant to the provisions of Government Code Section 53325.1.
B. The written protests against the authorization for the annexation of the Future Annexation Area to CFD No. 2022-02 in the future received do not represent a majority protest as defined by Government Code Section 53339.6 and, therefore, the authorization for the annexation of the Future Annexation Area to CFD No. 2022-02 in the future has not been precluded by majority protest pursuant to Government Code Section 53339.6.
C. The public convenience and necessity require a procedure to authorize and provide for territory to be annexed in the future to CFD No. 2022-02 in order to finance the costs and expenses necessary to provide the public services described below made necessary by the development or redevelopment of such territory.
D. The authorization for the annexation of territory within the Future Annexation Area to CFD No. 2022-02 in the future as proposed conforms with the City of Rancho Cucamonga’s statement of goals and policies regarding the establishment of community facilities districts.
E. The provision for the annexation of territory within the Future Annexation Area to CFD No. 2022-02 in the future and the authorization to levy special taxes of territory within the Future Annexation Area upon the annexation thereof to CFD No. 2022-02 to finance the public services described below constitutes the creation of a government funding mechanism which does not involve the commitment to any specific project which may result in a potentially significant physical impact on the environment. Therefore, the provision for the annexation of territory within the Future Annexation Area to CFD No. 2022-02 in the future and the authorization to levy special taxes within such territory upon the annexation thereof to CFD No. 2022-02 does not constitute a “project” which is subject to the provisions of the California Environmental Quality Act (California Public Resources Code Section 21000 and following).
Section 3. Annexation Authority. This legislative body does hereby authorize the annexation of territory within the Future Annexation Area to CFD No. 2022-02 in the future pursuant to the provisions and authorization of Article 3.5 of the Act.
Section 4. Description of the Future Annexation Area. A description of the Future Annexation Area is as follows:
All that property and territory proposed to be annexed in the future to CFD No. 2022-02, as said property is shown on a
3 ATTACHMENT 4
map as previously approved by this legislative body, said map designated as "Proposed Boundaries of the Future
Annexation Area of Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga" (the “Future Annexation Area Map”), a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. The Future Annexation Area Map has been filed in the Office of the San Bernardino County Recorder, in Book 90, Page 26 of Maps of Assessment and Community Facilities Districts and as Document No. 2022-0169360.
Future annexation proceedings may only be completed with the unanimous consent of the owner or owners of any parcel proposed for annexation.
Section 5. Authorized Services. The types of services to be financed from the levy of the special tax in CFD No. 2022-02, including the Future Annexation Area, are those described in Exhibit A hereto which is incorporated herein by this reference ("Authorized Services").
The Authorized Services to be financed by the levy of special taxes to be levied on specific territory within the Future Annexation Area to be annexed to CFD No. 2022-02 may include some or all of such Authorized Services or may include alternatives to the Authorized Services.
The Authorized Services shall to the maximum extent practicable, taking into account budgetary and operational demands of the City, be provided in common within CFD No. 2022-02 and the territory within the Future Annexation Area.
The City Council finds that the Authorized Services described in this Section 5 hereof are necessary to meet increased demands placed upon the City as a result of new development occurring within the boundaries of CFD No. 2022-02 and the Future Annexation Area.
Section 6. Special Tax. It is the intention of this legislative body that, except where funds are otherwise available, a special tax sufficient to finance the Authorized Services (the “Special Tax”) to be provided in the territory of the Future Annexation Area upon the annexation of such territory to CFD No. 2022-02 and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in the territory within the Future Annexation Area that annexes to CFD No. 2022-02, will be levied annually within the boundaries of such territory upon the annexation thereof to CFD No. 2022-02. For further particulars as to the rates and method of apportionment of the proposed Special Tax, reference is made to the attached and incorporated Exhibit B (the “Rates and Method”), which sets forth in sufficient detail the rate and method of apportionment of the Special Tax to allow each landowner or resident within the territory in the Future Annexation Area to clearly estimate the maximum amount of the Special Tax that such person will have to pay for the Authorized Services upon the annexation of such territory to CFD No. 2022-02. The Special Tax
4 ATTACHMENT 4
may not be prepaid.
Notwithstanding the foregoing, if the actual cost of providing Authorized Services to any territory within the proposed Future Annexation Area is higher or lower than the cost of providing such services within the existing CFD No. 2022-02, a higher or lower special tax may be levied within such territory subject to the unanimous approval and election of the owner or owners of such territory. In any such circumstance, the Rate and Method may be revised to reflect the higher or lower special tax, as applicable.
The proposed Special Tax, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner as this City Council or its designee shall determine, including direct billing of the affected property owners. Such Special Tax shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any Special Tax that may not be collected on the County tax roll shall be collected through a direct billing procedure by the City.
Pursuant to Government Code Section 53340 and except as provided in Government Code Section 53317.3, properties of entities of the state, federal, and local governments shall be exempt from the levy of the Special Tax.
Section 7. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this City Council hereby establishes the following accountability measures pertaining to the levy by CFD No. 2022-02 of the special taxes described in Section 6 above.
A. The Special Tax shall be levied for the specific purposes set forth in Section 6 above.
B. The proceeds of the levy of the Special Tax shall be applied only to the specific applicable purposes set forth in Section 6 above.
C. CFD No. 2022-02 shall establish a separate account into which the proceeds of the Special Tax shall be deposited.
D. The Finance Director of the City of Rancho Cucamonga, or his or her designee, acting for and on behalf of CFD No. 2022-02, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3
Section 8. Annexation Effective Date. Annexation of territory in the Future Annexation Area to CFD No. 2022-02 in the future shall be effective only upon the unanimous approval of the owner or owners of each parcel or parcels to the annexation of such parcel or parcels to the election by such owner or owners to subject such parcel or parcel to the levy of the special tax at any time that any parcel is proposed for annexation. Upon receipt of the written consent and election by such owner or owners, no further public hearings will be required to effectuate the annexation of such parcel or parcels to CFD No. 2022-02.
5 ATTACHMENT 4
[Remainder of this page intentionally left blank.]
6 ATTACHMENT 4
Section 9. Effective Date. This resolution shall become effective upon its adoption.
ADOPTED by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting thereof held this 1st day of June, 2022, by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
APPROVED
L. DENNIS MICHAEL, MAYOR
ATTEST
JANICE C. REYNOLDS, CITY CLERK
Attachments: Exhibit A
Exhibit B
A-1
ATTACHMENT 4
EXHIBIT A
DESCRIPTION OF AUTHORIZED SERVICES
The City may finance any services which may be funded with proceeds of the special tax of CFD No. 2022-02, authorized pursuant to Section 53313 of the Act, including but not limited to all costs attributed to maintaining and servicing landscape and tree maintenance, storm drain repair and maintenance, streets and roadway services, police safety calls and service, and creating a capital reserve account for any future industrial repairs and maintenance.
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.
B-1
ATTACHMENT 4
EXHIBIT B
RATE AND METHOD OF APPORTIONMENT
FOR COMMUNITY FACILITIES DISTRICT NO. 2022-02
(INDUSTRIAL AREA SERVICES) OF THE CITY OF RANCHO CUCAMONGA A Special Tax, as hereinafter defined, shall be levied and collected Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga (“CFD No. 2022-02”) each Fiscal Year commencing in Fiscal Year 2022/23, in an amount determined by the application of the procedures below. All Taxable Property, as hereinafter defined, 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 meaning:
“Accessory Dwelling Unit” or “ADU” means a secondary residential unit of limited size, as defined in California Government Code Section 65852.2, as may be amended from time to time, that is accessory to a single-unit dwelling. The ADU may be on the same Assessor’s Parcel as the single-unit dwelling or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an ADU only.
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event that the Assessor’s Parcel Map or Assessor’s Data shows no acreage, the Acreage for any Assessor’s Parcel may be determined by the CFD Administrator based upon the applicable condominium plan, final map, parcel map or calculated using available spatial data and GIS.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1, Division 2 of Title 5 of the Government Code of the State. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of CFD No. 2022-02 including, but not limited to, the following: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the
B-2
ATTACHMENT 4
Special Tax; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any action arising from any delinquent Special Tax in CFD No. 2022-02. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2022-02 for any other administrative purposes, including, but not limited to, attorney’s fees. “Annual Services Costs” means the amounts required to fund services authorized to be funded by CFD No. 2022-02.
“Annual Special Tax Requirement” means that amount with respect to CFD No. 2022-02 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD No. 2022-02, and (4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year.
“Assessor’s Data” means Units, Acreage, or other information contained in the records of the County Assessor for each Assessor’s Parcel. “Assessor’s Parcel” or “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.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County Assessor for purposes of identification.
“Boundary Map” means that map recorded with the County recorder’s office on May 4, 2022 in Book 90 at Page 21 as Document Number 2022-0167398. “CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“CFD No. 2022-02” means Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga.
“City” means the City of Rancho Cucamonga.
“City Council” means the City Council of the City, acting as the legislative body of CFD No. 2022-02.
“County” means the County of San Bernardino, California. “County Assessor” means the County Assessor of the County.
B-3
ATTACHMENT 4
“Developed Property” means, in any Fiscal Year, all Taxable Property in CFD No. 2022-02 for which a building permit for new construction was issued by the City prior to April 1 of the preceding Fiscal Year.
“Exempt Property” means all Assessors’ Parcels within the boundary of CFD No. 2022-02 which are exempt from the Special Tax pursuant to Section E. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “GIS” means a geographic information system.
“Industrial Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for an industrial use. “Maximum Special Tax” means the maximum Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section C. “Mixed Use Property” means all Assessor’s Parcels that have been classified by the City to allow multiple uses on each such Assessor’s Parcel. “Open Space Property” means property within the boundaries of CFD No. 2022-02 which (i) has been designated with specific boundaries and Acreage on a final subdivision map as open space, (ii) is classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the City, or any other public agency, or (iv) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space.
“Property Owner’s Association” means any property owner’s association. As used in this definition, a Property Owner’s Association includes any home-owner’s association, condominium owner’s association, master or sub-association or non- residential owner’s association.
“Property Owner’s Association Property” means any property within the boundaries of CFD No. 2022-02 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property.
“Proportionately” means for Developed Property and Undeveloped Property, that the ratio of the Special Tax levy to the Maximum Annual Special Tax is equal within each respective Tax Zone.
“Public Property” means any property within the boundaries of CFD No. 2022-02 which (i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and Acreage on a final subdivision map as property which will be owned by a public agency. For
B-4
ATTACHMENT 4
purposes of this definition, a public agency includes the federal government, the State, the County, the City, school districts, or any other public agency. “Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Tax for CFD No. 2022-02.
“Special Tax” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement. “State” means the State of California.
“Tax Escalation Factor” means on July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax as shown in Section C shall be increased by a minimum of two percent (2%) to a maximum of six percent (6%), determined on an annual basis as needed to satisfy the Special Tax Requirement. “Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All the Taxable Property within CFD No. 2022-02 at the time of its formation is within Tax Zone No. 1. Additional Tax Zones may be created when property is annexed to CFD No. 2022-02, and a separate Maximum Special Tax shall be identified for property within each new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone when such Parcels are annexed to CFD No. 2022- 02 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation.
“Taxable Property” means all the Assessor’s Parcels within the boundaries of CFD No. 2022-02 that are not exempt from the Special Tax pursuant to law or Section E below.
“Undeveloped Property” means all the Assessor’s Parcels of Taxable Property within the boundaries of CFD No. 2022-02 that are not Developed Property. “Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 2022-02 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code.
B. DETERMINATION OF TAXABLE PARCELS
Article I.On, or about, July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD No. 2022-02. If any Assessor’s Parcel Numbers are no longer valid, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers in effect for the then-current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor’s Parcels Numbers pursuant to Section C. The CFD Administrator shall also determine: (i) the Tax Zone within which
B-5
ATTACHMENT 4
each Parcel is located; (ii) which Parcels are Developed Property and Undeveloped Property; (iii) the number of Units or Acreage each Parcel contains; (iv) the property type, i.e., Industrial Property, Mixed-Use Property, etc.; and (v) the Annual Special Tax Requirement for the Fiscal Year.
C. MAXIMUM ANNUAL SPECIAL TAX RATE
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within Tax Zone No. 1 shall be assigned according to the table on the following page.
Tax Zone No. 1
Property Land Use 2022/23 Maximum Special Tax Rate
Industrial Property $5,852.00 per Acre
Mixed Use Property $12,030.00 per Acre
Accessory Dwelling Units $731.50 per ADU
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be increased by the Tax Escalation Factor.
On July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax for Tax Zone No. 1 shall be increased by an amount equal to the Tax Escalation Factor.
A different Maximum Special Tax rate and Tax Escalation Factor may be identified in Tax Zones added to CFD No. 2022-02 as a result of future annexations.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
All Taxable Property shall be subject to a Special Tax defined as follows.
The Special Tax shall be levied each Fiscal Year by the CFD Administrator. The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD No. 2022-02 by the method shown below.
First: Determine the Annual Special Tax Requirement.
Second: Levy the Special Tax on each Parcel of Developed Property and Undeveloped Property, Proportionately, up to the applicable Maximum Special Tax.
Under no circumstances will the Special Tax on any Assessor’s Parcel used for private residential purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2022-02.
B-6
ATTACHMENT 4
E. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Property Owner’s Association Property, Assessor’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement, or Public Property, except as otherwise provided in Sections 53317.3, 53317.5, and 53340.1 of the Act.
Welfare Exempt Property shall be exempt from the Special Tax in each Fiscal Year the property qualifies as Welfare Exempt Property.
F. APPEAL OF SPECIAL TAX LEVY
Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax 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 property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, the CFD Administrator shall determine if sufficient Special Tax revenue is available to make a cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit future Special Taxes.
This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.
G. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT
The City Council may, by resolution or ordinance, interpret, clarify and/or revise this Rate and Method of Apportionment to correct any inconsistency, vagueness, or ambiguity as it relates to the Special Taxes, method of apportionment, classification of Assessor’s Parcels, or any definition used herein, as long as such correction does not materially affect the levy and collection of Special Taxes. In addition, the
B-7
ATTACHMENT 4
interpretation and application of any section of this document shall be at the City’s discretion.
H. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD No. 2022-02, and may collect delinquent Special Taxes through available methods.
A Special Tax shall be levied commencing in Fiscal Year 2022/23 to the extent necessary to satisfy the Annual Special Tax Requirement and shall be levied for as long as required to satisfy the Annual Special Tax Requirement.
I. PREPAYMENT OF SPECIAL TAX
The Special Tax may not be prepaid.
1 ATTACHMENT 5
RESOLUTION NO. 2022-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, CALLING A SPECIAL ELECTION AND
SUBMITTING TO THE VOTERS OF COMMUNITY FACILITIES DISTRICT NO. 2022-01 (STREET LIGHTING SERVICES) OF THE CITY OF
RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA PROPOSITION WITH RESPECT TO THE ANNUAL LEVY
OF SPECIAL TAXES WITHIN THE COMMUNITY FACILITIES DISTRICT
TO PAY THE COSTS OF CERTAIN SERVICES TO BE PROVIDED BY
THE COMMUNITY FACILITIES DISTRICT AND A PROPOSITION WITH
RESPECT TO ESTABLISHING AN APPROPRIATIONS LIMIT FOR SAID
COMMUNITY FACILITIES DISTRICT
WHEREAS, pursuant to Section 53325.1 of the California Government Code, the City Council (the “City Council”) of the City of Rancho Cucamonga (“the City”) has adopted a resolution establishing Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California (the “CFD No. 2022-01”) and the boundaries thereof (“Resolution of Formation”); and
WHEREAS, pursuant to Section 53326 of said Code, it is necessary that the City Council submit to the voters of the CFD No. 2022-01 the annual levy of special taxes on the property within the CFD No. 2022-01 to pay the costs of providing the services described in the Resolution of Formation; and
WHEREAS, pursuant to Section 53325.7 of said Code, the City Council may also submit to the voters of the CFD No. 2022-01 a proposition with respect to establishing an appropriations limit for the CFD No. 2022-01;
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Rancho Cucamonga, California,
Section 1. Findings. The City Council finds that: (i) the foregoing recitals are correct; (ii) less than 12 persons have been registered to vote within the territory of the CFD No. 2022-01 during the 90 days preceding the close of the public hearing on June 1, 2022; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the landowners of the CFD No. 2022-01 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 CFD No. 2022-01 which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) Bridge Point Rancho Cucamonga, LLC, a Delaware limited liability company, the owner of all of the land in the CFD No. 2022-01, has by written consent (a) waived the time limits set forth in said Section 53326 for holding the election called by this resolution, (b) consented to the holding of said election on June 1, 2022, (c) waived notice and mailed notice of the time and date of said election, (d)
2 ATTACHMENT 5
waived an impartial analysis by the City Attorney of the ballot propositions pursuant to Section 9280 of the California Elections Code and arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, and 9295 of said Code; and (v) the City Clerk of the City has consented to the holding of said election on June 1, 2022.
Section 2. Call of Election. The City Council hereby calls and schedules a special election for June 1, 2022, on the proposition with respect to the annual levy of special taxes within the CFD No. 2022-01 for paying the cost of the services to be provided within and for the benefit of the CFD No. 2022-01 and on the proposition with respect to establishing an appropriations limit for the CFD No. 2022-01.
Section 3. Propositions. The propositions to be submitted to the voters of the CFD No. 2022-01 at such special election shall be as follows:
PROPOSITION A
Shall Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California, subject to accountability measures set forth in California Government Code Section 50075.1, levy special taxes throughout such community facilities district pursuant to the method of apportioning the special tax set forth in Attachment A to this Official Ballot for the purpose of financing municipal maintenance services, including but not limited to the services set forth in Attachment B to this Official Ballot to meet the increased demand for such services resulting from new development within CFD No. 2022-01 and the cost of administering the levy and collection of the special taxes and CFD No. 2022-01?
PROPOSITION B
Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California in the amount of $500,000? Section 4.Conduct of Election. Except as otherwise provided in Section 5 hereof, said election shall be conducted by the City Clerk of the City pursuant to the California Elections Code governing mail ballot elections of cities, and in particular, the provisions of Division 4 (commencing with Section 4000) of said Code, insofar as they may be applicable.
Section 5. Election Procedures. The procedures to be followed in conducting the special election on (i) the levy of Special Taxes to pay the annual costs of the Services, and (ii) establishing an appropriations limit for the community facilities district to the qualified electors of the community facilities district (the “Special Election”) shall be as follows:
3 ATTACHMENT 5
(a) Pursuant to said Section 53326 of the California Government Code, ballots for the special election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid, or by personal service. (b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and specifically Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in the form attached hereto as Exhibit “A,” and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of Resolution No. 2022-039; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners. (c) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner- voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voter's land ownership within the CFD No. 2022-01.
(d) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. (e) The instruction to voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all
4 ATTACHMENT 5
other information to be inserted thereon properly inserted by 7:00 p.m. on June 1, 2022.
(f) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the special election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.
BE IT FURTHER RESOLVED AND ORDERED
The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
ADOPTED by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting hereof held 1st day of June, 2022, by the following vote:
AYES:
NAYS:
ABSENT:
APPROVED
L. DENNIS MICHAEL, MAYOR
ATTEST:
JANICE C. REYNOLDS, CITY CLERK
A-1
ATTACHMENT 5
EXHIBIT “A”
OFFICIAL BALLOT
SPECIAL ELECTION
NUMBER OF VOTES ENTITLED TO BE CAST:
COMMUNITY FACILITIES DISTRICT NO. 2022-01
(STREET LIGHTING SERVICES)
OF THE CITY OF RANCHO CUCAMONGA
June 1, 2022
OFFICIAL BALLOT
To vote on any measure, fill in the voting square before the word “YES” or before the word “NO” following each proposition. If you tear or deface this ballot, call Janice Reynolds, City Clerk of the City of Rancho Cucamonga at (909) 477-2700 to obtain a replacement ballot. ______________________________________________________________________________
PROPOSITION A
Shall Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California, subject to accountability measures set forth in California Government Code Section 50075.1, levy special taxes throughout such community facilities district pursuant to the method of apportioning the special tax set forth in Attachment A to this Official Ballot for the purpose of financing municipal maintenance services, including but not limited to the services set forth in Attachment B to this Official Ballot to meet the increased demand for such services resulting from new development within CFD No. 2022-01 and the cost of administering the levy and collection of the special taxes and CFD No. 2022-01? □ YES
□ NO
PROPOSITION B
Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California in the amount of $500,000? □ YES
□ NO
A-2
ATTACHMENT 5
OFFICIAL BALLOT
ATTACHMENT A
RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2022-01
(STREET LIGHTING SERVICES) OF THE CITY OF RANCHO CUCAMONGA A Special Tax, as hereinafter defined, shall be levied and collected for Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga (“CFD No. 2022-01”) each Fiscal Year commencing in Fiscal Year 2022/23, in an amount determined by the application of the procedures below. All Taxable Property, as hereinafter defined, 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 meaning:
“Accessory Dwelling Unit” or “ADU” means a secondary residential unit of limited size, as defined in California Government Code Section 65852.2, as may be amended from time to time, that is accessory to a single-unit dwelling. The ADU may be on the same Assessor’s Parcel as the single-unit dwelling or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an ADU only. “Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event that the Assessor’s Parcel Map or Assessor’s Data shows no acreage, the Acreage for any Assessor’s Parcel may be determined by the CFD Administrator based upon the applicable condominium plan, final map, parcel map or calculated using available spatial data and GIS. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1, Division 2 of Title 5 of the Government Code of the State. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of CFD No. 2022-01 including, but not limited to, the following: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the Special Tax; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any action arising
A-3
ATTACHMENT 5
from any delinquent Special Tax in CFD No. 2022-01. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2022-01 for any other administrative purposes, including, but not limited to, attorney’s fees. “Annual Services Costs” means the amounts required to fund services authorized to be funded by CFD No. 2022-01.
“Annual Special Tax Requirement” means that amount with respect to CFD No. 2022-01 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD No. 2022- 01, and (4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year. “Assessor’s Data” means Units, Acreage, or other information contained in the records of the County Assessor for each Assessor’s Parcel.
“Assessor’s Parcel” or “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.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County Assessor for purposes of identification. “Boundary Map” means that map recorded with the County recorder’s office on May 4, 2022 in Book 90 at Page 22 as Document Number 2022-0167399.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“CFD No. 2022-01” means Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga.
“City” means the City of Rancho Cucamonga.
“City Council” means the City Council of the City, acting as the legislative body of CFD No. 2022-01.
“County” means the County of San Bernardino, California. “County Assessor” means the County Assessor of the County. “Developed Property” means, in any Fiscal Year, all Taxable Property in CFD No. 2022-01 for which a building permit for new construction was issued by the City prior to April 1 of the preceding Fiscal Year.
A-4
ATTACHMENT 5
“Exempt Property” means all Assessors’ Parcels within the boundary of CFD No. 2022-01 which are exempt from the Special Tax pursuant to Section E. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “GIS” means a geographic information system.
“Maximum Special Tax” means the maximum Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section C. “Mixed Use Property” means all Assessor’s Parcels that have been classified by the City to allow multiple uses on each such Assessor’s Parcel. For an Assessor’s Parcel of Mixed Use Property, each property use thereon is subject to taxation pursuant to section C below. The Acreage used to calculate the Special Tax for a portion of an Assessor’s Parcel that is Non- Residential Property shall include only the share of such Assessor’s Parcel that will be used as Non-Residential Property, to include structures, parking and other Parcel area. “Multi-Family Residential Property” means, in any Fiscal Year, all Assessor’s Parcels of Developed Property with two or more Units that share a single Assessor’s Parcel Number, are offered for rent to the general public, and cannot be purchased by individual homebuyers, according to Assessor’s Data or as otherwise known by the CFD Administrator. Multi- Family Property also means, in any Fiscal Year, all Assessor’s Parcels of Developed Property with one Unit with a single Assessor’s Parcel Number that is a condominium pursuant the definition in Civil Code Section 4125 or a townhome.
“Non-Residential Property” means all Assessor’s Parcels of Developed Property within the boundaries of CFD 2022-01 for which a building permit(s) has been issued for a non- residential structure(s).
“Open Space Property” means property within the boundaries of CFD No. 2022-01 which (i) has been designated with specific boundaries and Acreage on a final subdivision map as open space, (ii) is classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the City, or any other public agency, or (iv) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space. “Property Owner’s Association” means any property owner’s association. As used in this definition, a Property Owner’s Association includes any home-owner’s association, condominium owner’s association, master or sub-association or non-residential owner’s association.
“Property Owner’s Association Property” means any property within the boundaries of CFD No. 2022-01 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property.
A-5
ATTACHMENT 5
“Proportionately” means for Developed Property and Undeveloped Property, that the ratio of the Special Tax levy to the Maximum Annual Special Tax is equal within each respective Tax Zone.
“Public Property” means any property within the boundaries of CFD No. 2022-01 which (i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and Acreage on a final subdivision map as property which will be owned by a public agency. For purposes of this definition, a public agency includes the federal government, the State, the County, the City, school districts, or any other public agency.
“Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Tax for CFD No. 2022-01.
“Single Family Residential Property” means all Assessor’s Parcels of Developed Property with a residential structure intended as a single primary Unit. “Special Tax” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement. “State” means the State of California.
“Tax Escalation Factor” means on July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax as shown in Section C shall be increased by a minimum of two percent (2%) to a maximum of six percent (6%), determined on an annual basis as needed to satisfy the Special Tax Requirement.
“Tax Zone” means an area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All the Taxable Property within CFD No. 2022-01 at the time of its formation is within Tax Zone Nos. 1 and 6. Additional Tax Zones may be created when property is annexed to CFD No. 2022-01, and a separate Maximum Special Tax shall be identified for property within each new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone when such Parcels are annexed to CFD No. 2022-01 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation.
“Taxable Property” means all the Assessor’s Parcels within the boundaries of CFD No. 2022- 01 that are not exempt from the Special Tax pursuant to law or Section E below. “Undeveloped Property” means all the Assessor’s Parcels of Taxable Property within the boundaries of CFD No. 2022-01 that are not Developed Property. “Unit” means an individual residential living space. The number of Units assigned to each Assessor’s Parcel may be determined by (i) referencing Assessor’s Data, (ii) site surveys and physical unit counts, and/or (iii) other research by the CFD Administrator.
A-6
ATTACHMENT 5
“Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 2022-01 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code.
B. DETERMINATION OF TAXABLE PARCELS
On, or about, July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD No. 2022-01. If any Assessor’s Parcel Numbers are no longer valid, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers in effect for the then-current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor’s Parcels Numbers pursuant to Section C. The CFD Administrator shall also determine: (i) the Tax Zone within which each Parcel is located; (ii) which Parcels are Developed Property and Undeveloped Property; (iii) the number of Units or Acreage each Parcel contains; (iv) the property type, i.e., Single Family Residential Property, Non-Residential Property, etc.; and (v) the Annual Special Tax Requirement for the Fiscal Year.
C. MAXIMUM ANNUAL SPECIAL TAX RATE
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within Tax Zone Nos. 1-8 shall be assigned according to the tables on the following pages.
In some instances, an Assessor’s Parcel of Developed Property may contain more than one property land use. The Maximum Special Tax assigned to an Assessor’s Parcel of Mixed Use Property shall be the sum of the Maximum Special Tax for all property uses located on that Assessor’s Parcel. Additionally, Accessory Dwelling Units will be levied at 50% of the applicable Maximum Special Tax Rate for the property type of the primary Unit.
Tax Zone No. 1
Property Land Use 2022/23 Maximum Special Tax Rate
Single Family Residential
Property $22.67 per Unit
Multi-Family Residential
Property $22.67 per Unit
Non-Residential Property $45.34 per Acre
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.
A-7
ATTACHMENT 5
Tax Zone No. 2
Property Land Use 2022/23 Maximum Special Tax Rate
Single Family Residential
Property $75.17 per Unit
Multi-Family Residential
Property $75.17 per Unit
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.
Tax Zone No. 3
Property Land Use 2022/23 Maximum Special Tax Rate
Single Family Residential
Property $47.15 per Unit
Multi-Family Residential
Property $47.15 per Unit
Non-Residential Property $94.30 per Are
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.
Tax Zone No. 4
Property Land Use 2022/23 Maximum Special Tax Rate
Single Family Residential
Property $28.96 per Unit
Multi-Family Residential
Property $28.96 per Unit
Non-Residential Property $57.92 per Acre
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.
A-8
ATTACHMENT 5
Tax Zone No. 5
Property Land Use 2022/23 Maximum Special Tax Rate
Single Family Residential
Property $63.79 per Unit
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.
Tax Zone No. 6
Property Land Use 2022/23 Maximum Special Tax Rate
Non-Residential Property $51.40 per Acre
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.
Tax Zone No. 7
Property Land Use 2022/23 Maximum Special Tax Rate
Single Family Residential
Property $58.64 per Unit
Multi-Family Residential
Property $58.64 per Unit
Non-Residential Property $117.28 per Acre
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.
A-9
ATTACHMENT 5
Tax Zone No. 8
Property Land Use 2022/23 Maximum Special Tax Rate
Single Family Residential
Property $37.79 per Unit
Multi-Family Residential
Property $37.79 per Unit
Non-Residential Property $75.58 per Acre
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.
On July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax for Tax Zone Nos. 1-8 shall be increased by an amount equal to the Tax Escalation Factor.
A different Maximum Special Tax rate and Tax Escalation Factor may be identified in Tax Zones added to CFD No. 2022-01 as a result of future annexations.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
All Taxable Property shall be subject to a Special Tax defined as follows.
The Special Tax shall be levied each Fiscal Year by the CFD Administrator. The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD No. 2022-01 by the method shown below.
First: Determine the Annual Special Tax Requirement.
Second: Levy the Special Tax on each Parcel of Developed Property and Undeveloped Property, Proportionately, up to the applicable Maximum Special Tax.
Under no circumstances will the Special Tax on any Assessor’s Parcel used for private residential purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2022-01.
E. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Property Owner’s Association Property, Assessor’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement, or Public Property, except as otherwise provided in Sections 53317.3, 53317.5, and 533401 of the Act.
Welfare Exempt Property shall thereafter be exempt from the Special Tax for as long as the property qualifies as Welfare Exempt Property.
A-10
ATTACHMENT 5
F. APPEAL OF SPECIAL TAX LEVY
Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax 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 property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, the CFD Administrator shall determine if sufficient Special Tax revenue is available to make a cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit future Special Taxes.
This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.
G. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT
The City Council may, by resolution or ordinance, interpret, clarify and/or revise this Rate and Method of Apportionment to correct any inconsistency, vagueness, or ambiguity as it relates to the Special Taxes, method of apportionment, classification of Assessor’s Parcels, or any definition used herein, as long as such correction does not materially affect the levy and collection of Special Taxes. In addition, the interpretation and application of any section of this document shall be at the City’s discretion.
H. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD No. 2022-01, and may collect delinquent Special Taxes through available methods.
A Special Tax shall be levied commencing in Fiscal Year 2022/23 to the extent necessary to satisfy the Annual Special Tax Requirement and shall be levied for as long as required to satisfy the Annual Special Tax Requirement.
A-11
ATTACHMENT 5
I. PREPAYMENT OF SPECIAL TAX
The Special Tax may not be prepaid.
B-1
ATTACHMENT 5
ATTACHMENT B
DESCRIPTION OF AUTHORIZED SERVICES
The City may finance any services which may be funded with proceeds of the special tax of CFD No. 2022-01, authorized pursuant to Section 53313 of the Act, including but not limited to all costs attributable to maintaining and servicing street lights, traffic signals and appurtenant facilities throughout CFD No. 2022-01. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement, and repair required to keep the improvements in operational and satisfactory condition.
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.
1 ATTACHMENT 6
RESOLUTION NO. 2022-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, CALLING A SPECIAL ELECTION AND
SUBMITTING TO THE VOTERS OF COMMUNITY FACILITIES DISTRICT NO. 2022-02 (INDUSTRIAL AREA SERVICES) OF THE CITY OF
RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA PROPOSITION WITH RESPECT TO THE ANNUAL LEVY
OF SPECIAL TAXES WITHIN THE COMMUNITY FACILITIES DISTRICT
TO PAY THE COSTS OF CERTAIN SERVICES TO BE PROVIDED BY
THE COMMUNITY FACILITIES DISTRICT AND A PROPOSITION WITH
RESPECT TO ESTABLISHING AN APPROPRIATIONS LIMIT FOR SAID
COMMUNITY FACILITIES DISTRICT
WHEREAS, pursuant to Section 53325.1 of the California Government Code, the City Council (the “City Council”) of the City of Rancho Cucamonga (“the City”) has adopted a resolution establishing Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California (the “CFD No. 2022-02”) and the boundaries thereof (“Resolution of Formation”); and
WHEREAS, pursuant to Section 53326 of said Code, it is necessary that the City Council submit to the voters of the CFD No. 2022-02 the annual levy of special taxes on the property within the CFD No. 2022-02 to pay the costs of providing the services described in the Resolution of Formation; and
WHEREAS, pursuant to Section 53325.7 of said Code, the City Council may also submit to the voters of the CFD No. 2022-02 a proposition with respect to establishing an appropriations limit for the CFD No. 2022-02;
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Rancho Cucamonga, California,
Section 1. Findings. The City Council finds that: (i) the foregoing recitals are correct; (ii) less than 12 persons have been registered to vote within the territory of the CFD No. 2022-02 during the 90 days preceding the close of the public hearing on June 1, 2022; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the landowners of the CFD No. 2022-02 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 CFD No. 2022-02 which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) Bridge Point Rancho Cucamonga, LLC, a Delaware limited liability company, the owner of all of the land in the CFD No. 2022-02, has by written consent (a) waived the time limits set forth in said Section 53326 for holding the election called by this resolution, (b) consented to the holding of said election on June 1, 2022, (c) waived notice and mailed notice of the time and date of said election, (d)
2 ATTACHMENT 6
waived an impartial analysis by the City Attorney of the ballot propositions pursuant to Section 9280 of the California Elections Code and arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, and 9295 of said Code; and (v) the City Clerk of the City has consented to the holding of said election on June 1, 2022.
Section 2. Call of Election. The City Council hereby calls and schedules a special election for June 1, 2022, on the proposition with respect to the annual levy of special taxes within the CFD No. 2022-02 for paying the cost of the services to be provided within and for the benefit of the CFD No. 2022-02 and on the proposition with respect to establishing an appropriations limit for the CFD No. 2022-02.
Section 3. Propositions. The propositions to be submitted to the voters of the CFD No. 2022-02 at such special election shall be as follows:
PROPOSITION A
Shall Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California, subject to accountability measures set forth in California Government Code Section 50075.1, levy special taxes throughout such community facilities district pursuant to the method of apportioning the special tax set forth in Attachment A to this Official Ballot for the purpose of financing municipal maintenance services, including but not limited to the services set forth in Attachment B to this Official Ballot to meet the increased demand for such services resulting from new development within CFD No. 2022-02 and the cost of administering the levy and collection of the special taxes and CFD No. 2022-02?
PROPOSITION B
Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California in the amount of $3,000,000? Section 4.Conduct of Election. Except as otherwise provided in Section 5 hereof, said election shall be conducted by the City Clerk of the City pursuant to the California Elections Code governing mail ballot elections of cities, and in particular, the provisions of Division 4 (commencing with Section 4000) of said Code, insofar as they may be applicable.
Section 5. Election Procedures. The procedures to be followed in conducting the special election on (i) the levy of Special Taxes to pay the annual costs of the Services, and (ii) establishing an appropriations limit for the community facilities district to the qualified electors of the community facilities district (the “Special Election”) shall be as follows:
3 ATTACHMENT 6
(a) Pursuant to said Section 53326 of the California Government Code, ballots for the special election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid, or by personal service. (b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and specifically Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in the form attached hereto as Exhibit “A,” and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of Resolution No. 2022-041; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners. (c) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner- voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voter's land ownership within the CFD No. 2022-02.
(d) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. (e) The instruction to voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all
4 ATTACHMENT 6
other information to be inserted thereon properly inserted by 7:00 p.m. on June 1, 2022.
(f) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the special election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.
BE IT FURTHER RESOLVED AND ORDERED
The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
ADOPTED by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting hereof held 1st day of June, 2022, by the following vote:
AYES:
NAYS:
ABSENT:
APPROVED
L. DENNIS MICHAEL, MAYOR
ATTEST:
JANICE C. REYNOLDS, CITY CLERK
A-1
ATTACHMENT 6
EXHIBIT “A”
OFFICIAL BALLOT
SPECIAL ELECTION
NUMBER OF VOTES ENTITLED TO BE CAST:
COMMUNITY FACILITIES DISTRICT NO. 2022-02
(INDUSTRIAL AREA SERVICES)
OF THE CITY OF RANCHO CUCAMONGA
June 1, 2022
OFFICIAL BALLOT
To vote on any measure, fill in the voting square before the word “YES” or before the word “NO” following each proposition. If you tear or deface this ballot, call Janice Reynolds, City Clerk of the City of Rancho Cucamonga at (909) 477-2700 to obtain a replacement ballot. ______________________________________________________________________________
PROPOSITION A
Shall Community Facilities District No. 2022-02 (Industrial Services Area) of the City of Rancho Cucamonga, County of San Bernardino, State of California, subject to accountability measures set forth in California Government Code Section 50075.1, levy special taxes throughout such community facilities district pursuant to the method of apportioning the special tax set forth in Attachment A to this Official Ballot for the purpose of financing municipal maintenance services, including but not limited to the services set forth in Attachment B to this Official Ballot to meet the increased demand for such services resulting from new development within CFD No. 2022-02 and the cost of administering the levy and collection of the special taxes and CFD No. 2022-02? □ YES
□ NO
PROPOSITION B
Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for Community Facilities District No. 2022-02 (Industrial Services Area) of the City of Rancho Cucamonga, County of San Bernardino, State of California in the amount of $3,000,000? □ YES
□ NO
A-2
ATTACHMENT 6
OFFICIAL BALLOT
ATTACHMENT A
RATE AND METHOD OF APPORTIONMENT
FOR COMMUNITY FACILITIES DISTRICT NO. 2022-02
(INDUSTRIAL AREA SERVICES) OF THE CITY OF RANCHO CUCAMONGA A Special Tax, as hereinafter defined, shall be levied and collected Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga (“CFD No. 2022-02”) each Fiscal Year commencing in Fiscal Year 2022/23, in an amount determined by the application of the procedures below. All Taxable Property, as hereinafter defined, 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 meaning:
“Accessory Dwelling Unit” or “ADU” means a secondary residential unit of limited size, as defined in California Government Code Section 65852.2, as may be amended from time to time, that is accessory to a single-unit dwelling. The ADU may be on the same Assessor’s Parcel as the single-unit dwelling or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an ADU only. “Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event that the Assessor’s Parcel Map or Assessor’s Data shows no acreage, the Acreage for any Assessor’s Parcel may be determined by the CFD Administrator based upon the applicable condominium plan, final map, parcel map or calculated using available spatial data and GIS. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter
2.5 of Part 1, Division 2 of Title 5 of the Government Code of the State. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of CFD No. 2022-02 including, but not limited to, the following: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the Special Tax; the costs of the City or designee related to an appeal of
A-3
ATTACHMENT 6
the Special Tax; and the costs of commencing and pursuing to completion any action arising from any delinquent Special Tax in CFD No. 2022-02. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2022-02 for any other administrative purposes, including, but not limited to, attorney’s fees. “Annual Services Costs” means the amounts required to fund services authorized to be funded by CFD No. 2022-02.
“Annual Special Tax Requirement” means that amount with respect to CFD No. 2022-02 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD No. 2022- 02, and (4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year. “Assessor’s Data” means Units, Acreage, or other information contained in the records of the County Assessor for each Assessor’s Parcel.
“Assessor’s Parcel” or “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.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County Assessor for purposes of identification. “Boundary Map” means that map recorded with the County recorder’s office on May 4, 2022 in Book 90 at Page 21 as Document Number 2022-0167398.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“CFD No. 2022-02” means Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga.
“City” means the City of Rancho Cucamonga.
“City Council” means the City Council of the City, acting as the legislative body of CFD No. 2022-02.
“County” means the County of San Bernardino, California. “County Assessor” means the County Assessor of the County. “Developed Property” means, in any Fiscal Year, all Taxable Property in CFD No. 2022-02 for which a building permit for new construction was issued by the City prior to April 1 of the preceding Fiscal Year.
A-4
ATTACHMENT 6
“Exempt Property” means all Assessors’ Parcels within the boundary of CFD No. 2022-02 which are exempt from the Special Tax pursuant to Section E. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “GIS” means a geographic information system.
“Industrial Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for an industrial use.
“Maximum Special Tax” means the maximum Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section C. “Mixed Use Property” means all Assessor’s Parcels that have been classified by the City to allow multiple uses on each such Assessor’s Parcel.
“Open Space Property” means property within the boundaries of CFD No. 2022-02 which (i) has been designated with specific boundaries and Acreage on a final subdivision map as open space, (ii) is classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the City, or any other public agency, or (iv) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space. “Property Owner’s Association” means any property owner’s association. As used in this definition, a Property Owner’s Association includes any home-owner’s association, condominium owner’s association, master or sub-association or non-residential owner’s association.
“Property Owner’s Association Property” means any property within the boundaries of CFD No. 2022-02 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property.
“Proportionately” means for Developed Property and Undeveloped Property, that the ratio of the Special Tax levy to the Maximum Annual Special Tax is equal within each respective Tax Zone.
“Public Property” means any property within the boundaries of CFD No. 2022-02 which (i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and Acreage on a final subdivision map as property which will be owned by a public agency. For purposes of this definition, a public agency includes the federal government, the State, the County, the City, school districts, or any other public agency.
“Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Tax for CFD No. 2022-02.
A-5
ATTACHMENT 6
“Special Tax” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement. “State” means the State of California.
“Tax Escalation Factor” means on July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax as shown in Section C shall be increased by a minimum of two percent (2%) to a maximum of six percent (6%), determined on an annual basis as needed to satisfy the Special Tax Requirement.
“Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All the Taxable Property within CFD No. 2022-02 at the time of its formation is within Tax Zone No. 1. Additional Tax Zones may be created when property is annexed to CFD No. 2022-02, and a separate Maximum Special Tax shall be identified for property within each new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone when such Parcels are annexed to CFD No. 2022-02 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation.
“Taxable Property” means all the Assessor’s Parcels within the boundaries of CFD No. 2022- 02 that are not exempt from the Special Tax pursuant to law or Section E below. “Undeveloped Property” means all the Assessor’s Parcels of Taxable Property within the boundaries of CFD No. 2022-02 that are not Developed Property. “Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 2022-02 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code.
B. DETERMINATION OF TAXABLE PARCELS
Article I.On, or about, July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD No. 2022-02. If any Assessor’s Parcel Numbers are no longer valid, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers in effect for the then-current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor’s Parcels Numbers pursuant to Section C. The CFD Administrator shall also determine: (i) the Tax Zone within which each Parcel is located; (ii) which Parcels are Developed Property and Undeveloped Property; (iii) the number of Units or Acreage each Parcel contains; (iv) the property type, i.e., Industrial Property, Mixed-Use Property, etc.; and (v) the Annual Special Tax Requirement for the Fiscal Year.
C. MAXIMUM ANNUAL SPECIAL TAX RATE
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within Tax Zone No. 1 shall be assigned according to the table on the following page.
A-6
ATTACHMENT 6
Tax Zone No. 1
Property Land Use 2022/23 Maximum Special Tax Rate
Industrial Property $5,852.00 per Acre
Mixed Use Property $12,030.00 per Acre
Accessory Dwelling Units $731.50 per ADU
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be increased by the Tax Escalation Factor.
On July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax for Tax Zone No. 1 shall be increased by an amount equal to the Tax Escalation Factor.
A different Maximum Special Tax rate and Tax Escalation Factor may be identified in Tax Zones added to CFD No. 2022-02 as a result of future annexations.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
All Taxable Property shall be subject to a Special Tax defined as follows.
The Special Tax shall be levied each Fiscal Year by the CFD Administrator. The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD No. 2022-02 by the method shown below.
First: Determine the Annual Special Tax Requirement.
Second: Levy the Special Tax on each Parcel of Developed Property and Undeveloped Property, Proportionately, up to the applicable Maximum Special Tax.
Under no circumstances will the Special Tax on any Assessor’s Parcel used for private residential purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2022-02.
E. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Property Owner’s Association Property, Assessor’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement, or Public Property, except as otherwise provided in Sections 53317.3, 53317.5, and 53340.1 of the Act.
Welfare Exempt Property shall be exempt from the Special Tax in each Fiscal Year the property qualifies as Welfare Exempt Property.
A-7
ATTACHMENT 6
F. APPEAL OF SPECIAL TAX LEVY
Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax 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 property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, the CFD Administrator shall determine if sufficient Special Tax revenue is available to make a cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit future Special Taxes.
This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.
G. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT
The City Council may, by resolution or ordinance, interpret, clarify and/or revise this Rate and Method of Apportionment to correct any inconsistency, vagueness, or ambiguity as it relates to the Special Taxes, method of apportionment, classification of Assessor’s Parcels, or any definition used herein, as long as such correction does not materially affect the levy and collection of Special Taxes. In addition, the interpretation and application of any section of this document shall be at the City’s discretion.
H. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD No. 2022-02, and may collect delinquent Special Taxes through available methods.
A Special Tax shall be levied commencing in Fiscal Year 2022/23 to the extent necessary to satisfy the Annual Special Tax Requirement and shall be levied for as long as required to satisfy the Annual Special Tax Requirement.
A-8
ATTACHMENT 6
I. PREPAYMENT OF SPECIAL TAX
The Special Tax may not be prepaid.
B-1
ATTACHMENT 6
ATTACHMENT B
DESCRIPTION OF AUTHORIZED SERVICES
The City may finance any services which may be funded with proceeds of the special tax of CFD No. 2022-02, authorized pursuant to Section 53313 of the Act, including but not limited to all costs attributed to maintaining and servicing landscape and tree maintenance, storm drain repair and maintenance, streets and roadway services, police safety calls and service, and creating a capital reserve account for any future industrial repairs and maintenance.
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.
1 ATTACHMENT 7
RESOLUTION NO. 2022-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY
OF COMMUNITY FACILITIES DISTRICT NO. 2022-01 (STREET
LIGHTING SERVICES) OF THE CITY OF RANCHO CUCAMONGA,
DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH
COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council (the “City Council”) of the City of Rancho Cucamonga (the “City”) has previously undertaken proceedings to establish and did establish a community facilities district pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). This community facilities district shall hereinafter be referred to as Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga (“CFD No. 2022- 01”); and
WHEREAS, this City Council called and ordered for an election to submit to the qualified electors of CFD No. 2022-01 propositions relating to the levy of a special tax within CFD No. 2022-01 and the establishment of an appropriations limit for CFD No. 2022-01; and,
WHEREAS, at this time said election has been held and the measures voted upon and each such measure did receive the favorable two-thirds vote of the qualified electors, and this City Council desires to declare the results of the election in accordance with the provisions of the Elections Code of the State of California.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows:
Section 1. The above recitals are all true and correct.
Section 2. This City Council hereby receives and approves the Certificate of Election Official and Statement of Votes Cast (“Certificate and Statement”), as submitted by the City Clerk, acting in her capacity as the election official, said statement setting forth the number of votes cast in the election, the measures voted upon, and the number of votes given for and/or against the measures voted upon. A copy of the Certificate and Statement is attached hereto, marked Exhibit “A”, referenced and so incorporated.
Section 3. The City Clerk is hereby directed, pursuant to the provisions of the Elections Code of the State of California, to enter in the minutes the results of the election as set forth in the Certificate and Statement. [Remainder of this page intentionally left blank.]
2 ATTACHMENT 7
Section 4. This resolution shall become effective upon its adoption.
ADOPTED by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting thereof held this 1st day of June, 2022, by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
APPROVED
L. DENNIS MICHAEL, MAYOR
ATTEST
JANICE C. REYNOLDS, CITY CLERK
Attachments: Exhibit A
A-1
ATTACHMENT 7
EXHIBIT A
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF RANCHO CUCAMONGA )
The undersigned, ELECTION OFFICIAL OF THE CITY OF RANCHO CUCAMONGA,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the
CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO. 2022-01
(STREET LIGHTING SERVICES)
SPECIAL ELECTION
in such Community Facilities District, held June 1, 2022.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in said Community Facilities District, and the whole number of votes cast for the Measures in such Community Facilities District, and the totals of the respective columns and the totals as shown for the Measures are full, true and correct.
1. VOTES CAST ON PROPOSITION A: YES
NO
2. VOTES CAST ON PROPOSITION B: YES
NO
WITNESS my hand this 1st day of June, 2022.
CITY CLERK
ELECTION OFFICIAL
CITY OF RANCHO CUCAMONGA
STATE OF CALIFORNIA
1 ATTACHMENT 8
RESOLUTION NO. 2022-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY
OF COMMUNITY FACILITIES DISTRICT NO. 2022-02 (INDUSTRIAL
AREA SERVICES) OF THE CITY OF RANCHO CUCAMONGA,
DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH
COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council (the “City Council”) of the City of Rancho Cucamonga (the “City”) has previously undertaken proceedings to establish and did establish a community facilities district pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). This community facilities district shall hereinafter be referred to as Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga (“CFD No. 2022- 02”); and
WHEREAS, this City Council called and ordered for an election to submit to the qualified electors of CFD No. 2022-02 propositions relating to the levy of a special tax within CFD No. 2022-02 and the establishment of an appropriations limit for CFD No. 2022-02; and,
WHEREAS, at this time said election has been held and the measures voted upon and each such measure did receive the favorable two-thirds vote of the qualified electors, and this City Council desires to declare the results of the election in accordance with the provisions of the Elections Code of the State of California.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows:
Section 1. The above recitals are all true and correct.
Section 2. This City Council hereby receives and approves the Certificate of Election Official and Statement of Votes Cast (“Certificate and Statement”), as submitted by the City Clerk, acting in her capacity as the election official, said statement setting forth the number of votes cast in the election, the measures voted upon, and the number of votes given for and/or against the measures voted upon. A copy of the Certificate and Statement is attached hereto, marked Exhibit “A”, referenced and so incorporated.
Section 3. The City Clerk is hereby directed, pursuant to the provisions of the Elections Code of the State of California, to enter in the minutes the results of the election as set forth in the Certificate and Statement. [Remainder of this page intentionally left blank.]
2 ATTACHMENT 8
Section 4. This resolution shall become effective upon its adoption.
ADOPTED by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting thereof held this 1st day of June, 2022, by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
APPROVED
L. DENNIS MICHAEL, MAYOR
ATTEST
JANICE C. REYNOLDS, CITY CLERK
Attachments: Exhibit A
A-1
ATTACHMENT 8
EXHIBIT A
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF RANCHO CUCAMONGA )
The undersigned, ELECTION OFFICIAL OF THE CITY OF RANCHO CUCAMONGA,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the
CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO. 2022-02
(INDUSTRIAL AREA SERVICES)
SPECIAL ELECTION
in such Community Facilities District, held June 1, 2022.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in said Community Facilities District, and the whole number of votes cast for the Measures in such Community Facilities District, and the totals of the respective columns and the totals as shown for the Measures are full, true and correct.
1. VOTES CAST ON PROPOSITION A: YES
NO
2. VOTES CAST ON PROPOSITION B: YES
NO
WITNESS my hand this 1st day of June, 2022.
CITY CLERK
ELECTION OFFICIAL
CITY OF RANCHO CUCAMONGA
STATE OF CALIFORNIA
1 ATTACHMENT 9
ORDINANCE NO. ____
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY
OF COMMUNITY FACILITIES DISTRICT NO. 2022-01 (STREET
LIGHTING SERVICES) OF THE CITY OF RANCHO CUCAMONGA,
AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY
FACILITIES DISTRICT
WHEREAS, the City Council (the “City Council”) of the City of Rancho Cucamonga (the “City”), has undertaken proceedings to establish and has established a community facilities district and conducted an election therein and received a favorable vote from the qualified electors authorizing the levy of special taxes in such community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). This community facilities district is designated as Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga (“CFD No. 2022-01”); and
NOW, THEREFORE, this City Council of the City of Rancho Cucamonga, California, acting as the legislative body of CFD No. 2022-01 does hereby ordain as follows:
Section 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes on taxable properties located in CFD No. 2022-01 pursuant to the Rates and Method of Apportionment of Special Tax as set forth in Exhibit “A” attached hereto and incorporated herein by this reference (the “Rates and Method”).
Section 2. This City Council, acting as the legislative body of CFD No. 2022-01, is hereby further authorized, by resolution, to annually determine the special tax to be levied within CFD No. 2022-01 for the then current tax year or future tax years; provided, however, the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the Rates and Method.
Section 3. The special taxes herein authorized to be levied, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, that the City may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations.
Section 4. The special taxes authorized to be levied shall be secured by the lien imposed pursuant to Section 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall continue in force and effect until the special
2 ATTACHMENT 9
tax obligation is canceled in accordance with Section 53344 of the Government Code of the State of California or until the special tax ceases to be levied by the City Council in the manner provided in Section 5330.5 of said Government Code.
Section 5. This Ordinance shall be effective thirty (30) days after its adoption.
Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation pursuant to the provisions of California Government Code Section 36933.
Introduced and the first reading was waived at a regular meeting of the City Council of the City of Rancho Cucamonga, California, on June 1, 2022.
ENACTED by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting thereof held this 15th day of June, 2022, by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
APPROVED
L. DENNIS MICHAEL, MAYOR
ATTEST
JANICE C. REYNOLDS, CITY CLERK
Attachments: Exhibit A
A-1
ATTACHMENT 9
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2022-01
(STREET LIGHTING SERVICES) OF THE CITY OF RANCHO CUCAMONGA A Special Tax, as hereinafter defined, shall be levied and collected for Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga (“CFD No. 2022-01”) each Fiscal Year commencing in Fiscal Year 2022/23, in an amount determined by the application of the procedures below. All Taxable Property, as hereinafter defined, 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 meaning:
“Accessory Dwelling Unit” or “ADU” means a secondary residential unit of limited size, as defined in California Government Code Section 65852.2, as may be amended from time to time, that is accessory to a single-unit dwelling. The ADU may be on the same Assessor’s Parcel as the single-unit dwelling or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an ADU only.
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event that the Assessor’s Parcel Map or Assessor’s Data shows no acreage, the Acreage for any Assessor’s Parcel may be determined by the CFD Administrator based upon the applicable condominium plan, final map, parcel map or calculated using available spatial data and GIS.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1, Division 2 of Title 5 of the Government Code of the State. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of CFD No. 2022-01 including, but not limited to, the following: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California
A-2
ATTACHMENT 9
Government Code (including the Act), including public inquiries regarding the Special Tax; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any action arising from any delinquent Special Tax in CFD No. 2022-01. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2022-01 for any other administrative purposes, including, but not limited to, attorney’s fees. “Annual Services Costs” means the amounts required to fund services authorized to be funded by CFD No. 2022-01.
“Annual Special Tax Requirement” means that amount with respect to CFD No. 2022-01 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD No. 2022-01, and (4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year.
“Assessor’s Data” means Units, Acreage, or other information contained in the records of the County Assessor for each Assessor’s Parcel. “Assessor’s Parcel” or “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.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County Assessor for purposes of identification.
“Boundary Map” means that map recorded with the County recorder’s office on May 4, 2022 in Book 90 at Page 22 as Document Number 2022-0167399. “CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“CFD No. 2022-01” means Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga.
“City” means the City of Rancho Cucamonga.
“City Council” means the City Council of the City, acting as the legislative body of CFD No. 2022-01.
“County” means the County of San Bernardino, California. “County Assessor” means the County Assessor of the County.
A-3
ATTACHMENT 9
“Developed Property” means, in any Fiscal Year, all Taxable Property in CFD No. 2022-01 for which a building permit for new construction was issued by the City prior to April 1 of the preceding Fiscal Year.
“Exempt Property” means all Assessors’ Parcels within the boundary of CFD No. 2022-01 which are exempt from the Special Tax pursuant to Section E. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “GIS” means a geographic information system.
“Maximum Special Tax” means the maximum Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section C. “Mixed Use Property” means all Assessor’s Parcels that have been classified by the City to allow multiple uses on each such Assessor’s Parcel. For an Assessor’s Parcel of Mixed Use Property, each property use thereon is subject to taxation pursuant to section C below. The Acreage used to calculate the Special Tax for a portion of an Assessor’s Parcel that is Non-Residential Property shall include only the share of such Assessor’s Parcel that will be used as Non-Residential Property, to include structures, parking and other Parcel area.
“Multi-Family Residential Property” means, in any Fiscal Year, all Assessor’s Parcels of Developed Property with two or more Units that share a single Assessor’s Parcel Number, are offered for rent to the general public, and cannot be purchased by individual homebuyers, according to Assessor’s Data or as otherwise known by the CFD Administrator. Multi-Family Property also means, in any Fiscal Year, all Assessor’s Parcels of Developed Property with one Unit with a single Assessor’s Parcel Number that is a condominium pursuant the definition in Civil Code Section 4125 or a townhome.
“Non-Residential Property” means all Assessor’s Parcels of Developed Property within the boundaries of CFD 2022-01 for which a building permit(s) has been issued for a non-residential structure(s).
“Open Space Property” means property within the boundaries of CFD No. 2022-01 which (i) has been designated with specific boundaries and Acreage on a final subdivision map as open space, (ii) is classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the City, or any other public agency, or (iv) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space.
“Property Owner’s Association” means any property owner’s association. As used in this definition, a Property Owner’s Association includes any home-owner’s
A-4
ATTACHMENT 9
association, condominium owner’s association, master or sub-association or non- residential owner’s association.
“Property Owner’s Association Property” means any property within the boundaries of CFD No. 2022-01 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property.
“Proportionately” means for Developed Property and Undeveloped Property, that the ratio of the Special Tax levy to the Maximum Annual Special Tax is equal within each respective Tax Zone.
“Public Property” means any property within the boundaries of CFD No. 2022-01 which (i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and Acreage on a final subdivision map as property which will be owned by a public agency. For purposes of this definition, a public agency includes the federal government, the State, the County, the City, school districts, or any other public agency. “Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Tax for CFD No. 2022-01.
“Single Family Residential Property” means all Assessor’s Parcels of Developed Property with a residential structure intended as a single primary Unit. “Special Tax” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement. “State” means the State of California.
“Tax Escalation Factor” means on July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax as shown in Section C shall be increased by a minimum of two percent (2%) to a maximum of six percent (6%), determined on an annual basis as needed to satisfy the Special Tax Requirement. “Tax Zone” means an area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All the Taxable Property within CFD No. 2022-01 at the time of its formation is within Tax Zone Nos. 1 and 6. Additional Tax Zones may be created when property is annexed to CFD No. 2022-01, and a separate Maximum Special Tax shall be identified for property within each new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone when such Parcels are annexed to CFD No. 2022-01 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation. “Taxable Property” means all the Assessor’s Parcels within the boundaries of CFD No. 2022-01 that are not exempt from the Special Tax pursuant to law or Section E below.
A-5
ATTACHMENT 9
“Undeveloped Property” means all the Assessor’s Parcels of Taxable Property within the boundaries of CFD No. 2022-01 that are not Developed Property. “Unit” means an individual residential living space. The number of Units assigned to each Assessor’s Parcel may be determined by (i) referencing Assessor’s Data, (ii) site surveys and physical unit counts, and/or (iii) other research by the CFD Administrator.
“Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 2022-01 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code.
B. DETERMINATION OF TAXABLE PARCELS
On, or about, July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD No. 2022-01.
If any Assessor’s Parcel Numbers are no longer valid, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers in effect for the then- current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor’s Parcels Numbers pursuant to Section C. The CFD Administrator shall also determine: (i) the Tax Zone within which each Parcel is located; (ii) which Parcels are Developed Property and Undeveloped Property; (iii) the number of Units or Acreage each Parcel contains; (iv) the property type, i.e., Single Family Residential Property, Non-Residential Property, etc.; and (v) the Annual Special Tax Requirement for the Fiscal Year.
C. MAXIMUM ANNUAL SPECIAL TAX RATE
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within Tax Zone Nos. 1-8 shall be assigned according to the tables on the following pages.
In some instances, an Assessor’s Parcel of Developed Property may contain more than one property land use. The Maximum Special Tax assigned to an Assessor’s Parcel of Mixed Use Property shall be the sum of the Maximum Special Tax for all property uses located on that Assessor’s Parcel. Additionally, Accessory Dwelling Units will be levied at 50% of the applicable Maximum Special Tax Rate for the property type of the primary Unit.
A-6
ATTACHMENT 9
Tax Zone No. 1
Property Land Use
2022/23 Maximum Special Tax
Rate
Single Family Residential
Property $22.67 per Unit
Multi-Family Residential
Property $22.67 per Unit
Non-Residential Property $45.34 per Acre
Undeveloped Property $200.00 per Parcel
*On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.
Tax Zone No. 2
Property Land Use
2022/23 Maximum Special Tax
Rate
Single Family Residential
Property $75.17 per Unit
Multi-Family Residential
Property $75.17 per Unit
Undeveloped Property $200.00 per Parcel
*On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.
Tax Zone No. 3
Property Land Use
2022/23 Maximum Special Tax
Rate
Single Family Residential
Property $47.15 per Unit
Multi-Family Residential
Property $47.15 per Unit
Non-Residential Property $94.30 per Are
Undeveloped Property $200.00 per Parcel
*On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.
A-7
ATTACHMENT 9
Tax Zone No. 4
Property Land Use
2022/23 Maximum Special Tax
Rate
Single Family Residential
Property $28.96 per Unit
Multi-Family Residential
Property $28.96 per Unit
Non-Residential Property $57.92 per Acre
Undeveloped Property $200.00 per Parcel
*On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.
Tax Zone No. 5
Property Land Use
2022/23 Maximum Special Tax
Rate
Single Family Residential
Property $63.79 per Unit
Undeveloped Property $200.00 per Parcel
*On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.
Tax Zone No. 6
Property Land Use
2022/23 Maximum Special Tax
Rate
Non-Residential Property $51.40 per Acre
Undeveloped Property $200.00 per Parcel
*On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.
A-8
ATTACHMENT 9
Tax Zone No. 7
Property Land Use
2022/23 Maximum Special Tax
Rate
Single Family Residential
Property $58.64 per Unit
Multi-Family Residential
Property $58.64 per Unit
Non-Residential Property $117.28 per Acre
Undeveloped Property $200.00 per Parcel
*On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.
Tax Zone No. 8
Property Land Use
2022/23 Maximum Special Tax
Rate
Single Family Residential
Property $37.79 per Unit
Multi-Family Residential
Property $37.79 per Unit
Non-Residential Property $75.58 per Acre
Undeveloped Property $200.00 per Parcel
*On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.
On July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax for Tax Zone Nos. 1-8 shall be increased by an amount equal to the Tax Escalation Factor.
A different Maximum Special Tax rate and Tax Escalation Factor may be identified in Tax Zones added to CFD No. 2022-01 as a result of future annexations.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
All Taxable Property shall be subject to a Special Tax defined as follows.
The Special Tax shall be levied each Fiscal Year by the CFD Administrator. The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD No. 2022-01 by the method shown below.
First: Determine the Annual Special Tax Requirement.
A-9
ATTACHMENT 9
Second: Levy the Special Tax on each Parcel of Developed Property and Undeveloped Property, Proportionately, up to the applicable Maximum Special Tax.
Under no circumstances will the Special Tax on any Assessor’s Parcel used for private residential purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2022-01.
E. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Property Owner’s Association Property, Assessor’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement, or Public Property, except as otherwise provided in Sections 53317.3, 53317.5, and 533401 of the Act.
Welfare Exempt Property shall thereafter be exempt from the Special Tax for as long as the property qualifies as Welfare Exempt Property.
F. APPEAL OF SPECIAL TAX LEVY
Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax 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 property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, the CFD Administrator shall determine if sufficient Special Tax revenue is available to make a cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit future Special Taxes.
This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.
A-10
ATTACHMENT 9
G. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT
The City Council may, by resolution or ordinance, interpret, clarify and/or revise this Rate and Method of Apportionment to correct any inconsistency, vagueness, or ambiguity as it relates to the Special Taxes, method of apportionment, classification of Assessor’s Parcels, or any definition used herein, as long as such correction does not materially affect the levy and collection of Special Taxes. In addition, the interpretation and application of any section of this document shall be at the City’s discretion.
H. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD No. 2022-01, and may collect delinquent Special Taxes through available methods.
A Special Tax shall be levied commencing in Fiscal Year 2022/23 to the extent necessary to satisfy the Annual Special Tax Requirement and shall be levied for as long as required to satisfy the Annual Special Tax Requirement.
I. PREPAYMENT OF SPECIAL TAX
The Special Tax may not be prepaid.
1 ATTACHMENT 10
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY
OF COMMUNITY FACILITIES DISTRICT NO. 2022-02 (INDUSTRIAL
AREA SERVICES) OF THE CITY OF RANCHO CUCAMONGA,
AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY
FACILITIES DISTRICT
WHEREAS, the City Council (the “City Council”) of the City of Rancho Cucamonga (the “City”), has undertaken proceedings to establish and has established a community facilities district and conducted an election therein and received a favorable vote from the qualified electors authorizing the levy of special taxes in such community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). This community facilities district is designated as Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga (“CFD No. 2022-02”); and
NOW, THEREFORE, this City Council of the City of Rancho Cucamonga, California, acting as the legislative body of CFD No. 2022-02 does hereby ordain as follows:
Section 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes on taxable properties located in CFD No. 2022-02 pursuant to the Rates and Method of Apportionment of Special Tax as set forth in Exhibit “A” attached hereto and incorporated herein by this reference (the “Rates and Method”).
Section 2. This City Council, acting as the legislative body of CFD No. 2022-02, is hereby further authorized, by resolution, to annually determine the special tax to be levied within CFD No. 2022-02 for the then current tax year or future tax years; provided, however, the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the Rates and Method.
Section 3. The special taxes herein authorized to be levied, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, that the City may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations.
Section 4. The special taxes authorized to be levied shall be secured by the lien imposed pursuant to Section 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall continue in force and effect until the special tax obligation is canceled in accordance with Section 53344 of the Government Code of
2 ATTACHMENT 10
the State of California or until the special tax ceases to be levied by the City Council in the manner provided in Section 5330.5 of said Government Code.
Section 5. This Ordinance shall be effective thirty (30) days after its adoption.
Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation pursuant to the provisions of California Government Code Section 36933.
Introduced and the first reading was waived at a regular meeting of the City Council of the City of Rancho Cucamonga, California, on June 1, 2022.
ENACTED by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting thereof held this 15th day of June, 2022, by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
APPROVED
L. DENNIS MICHAEL, MAYOR
ATTEST
JANICE C. REYNOLDS, CITY CLERK
Attachments: Exhibit A
A-1
ATTACHMENT 10
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT
FOR COMMUNITY FACILITIES DISTRICT NO. 2022-02
(INDUSTRIAL AREA SERVICES) OF THE CITY OF RANCHO CUCAMONGA A Special Tax, as hereinafter defined, shall be levied and collected Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga (“CFD No. 2022-02”) each Fiscal Year commencing in Fiscal Year 2022/23, in an amount determined by the application of the procedures below. All Taxable Property, as hereinafter defined, 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 meaning:
“Accessory Dwelling Unit” or “ADU” means a secondary residential unit of limited size, as defined in California Government Code Section 65852.2, as may be amended from time to time, that is accessory to a single-unit dwelling. The ADU may be on the same Assessor’s Parcel as the single-unit dwelling or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an ADU only.
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event that the Assessor’s Parcel Map or Assessor’s Data shows no acreage, the Acreage for any Assessor’s Parcel may be determined by the CFD Administrator based upon the applicable condominium plan, final map, parcel map or calculated using available spatial data and GIS.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1, Division 2 of Title 5 of the Government Code of the State. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of CFD No. 2022-02 including, but not limited to, the following: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the
A-2
ATTACHMENT 10
Special Tax; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any action arising from any delinquent Special Tax in CFD No. 2022-02. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2022-02 for any other administrative purposes, including, but not limited to, attorney’s fees. “Annual Services Costs” means the amounts required to fund services authorized to be funded by CFD No. 2022-02.
“Annual Special Tax Requirement” means that amount with respect to CFD No. 2022-02 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD No. 2022-02, and (4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year.
“Assessor’s Data” means Units, Acreage, or other information contained in the records of the County Assessor for each Assessor’s Parcel. “Assessor’s Parcel” or “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.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County Assessor for purposes of identification.
“Boundary Map” means that map recorded with the County recorder’s office on May 4, 2022 in Book 90 at Page 21 as Document Number 2022-0167398. “CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“CFD No. 2022-02” means Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga.
“City” means the City of Rancho Cucamonga.
“City Council” means the City Council of the City, acting as the legislative body of CFD No. 2022-02.
“County” means the County of San Bernardino, California. “County Assessor” means the County Assessor of the County.
A-3
ATTACHMENT 10
“Developed Property” means, in any Fiscal Year, all Taxable Property in CFD No. 2022-02 for which a building permit for new construction was issued by the City prior to April 1 of the preceding Fiscal Year.
“Exempt Property” means all Assessors’ Parcels within the boundary of CFD No. 2022-02 which are exempt from the Special Tax pursuant to Section E. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “GIS” means a geographic information system.
“Industrial Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for an industrial use. “Maximum Special Tax” means the maximum Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section C. “Mixed Use Property” means all Assessor’s Parcels that have been classified by the City to allow multiple uses on each such Assessor’s Parcel. “Open Space Property” means property within the boundaries of CFD No. 2022-02 which (i) has been designated with specific boundaries and Acreage on a final subdivision map as open space, (ii) is classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the City, or any other public agency, or (iv) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space.
“Property Owner’s Association” means any property owner’s association. As used in this definition, a Property Owner’s Association includes any home-owner’s association, condominium owner’s association, master or sub-association or non- residential owner’s association.
“Property Owner’s Association Property” means any property within the boundaries of CFD No. 2022-02 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property.
“Proportionately” means for Developed Property and Undeveloped Property, that the ratio of the Special Tax levy to the Maximum Annual Special Tax is equal within each respective Tax Zone.
“Public Property” means any property within the boundaries of CFD No. 2022-02 which (i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and Acreage on a final subdivision map as property which will be owned by a public agency. For
A-4
ATTACHMENT 10
purposes of this definition, a public agency includes the federal government, the State, the County, the City, school districts, or any other public agency. “Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Tax for CFD No. 2022-02.
“Special Tax” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement. “State” means the State of California.
“Tax Escalation Factor” means on July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax as shown in Section C shall be increased by a minimum of two percent (2%) to a maximum of six percent (6%), determined on an annual basis as needed to satisfy the Special Tax Requirement. “Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All the Taxable Property within CFD No. 2022-02 at the time of its formation is within Tax Zone No. 1. Additional Tax Zones may be created when property is annexed to CFD No. 2022-02, and a separate Maximum Special Tax shall be identified for property within each new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone when such Parcels are annexed to CFD No. 2022-02 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation.
“Taxable Property” means all the Assessor’s Parcels within the boundaries of CFD No. 2022-02 that are not exempt from the Special Tax pursuant to law or Section E below.
“Undeveloped Property” means all the Assessor’s Parcels of Taxable Property within the boundaries of CFD No. 2022-02 that are not Developed Property. “Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 2022-02 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code.
B. DETERMINATION OF TAXABLE PARCELS
Article I. On, or about, July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD No. 2022-02. If any Assessor’s Parcel Numbers are no longer valid, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers in effect for the then-current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor’s Parcels Numbers pursuant to Section C. The CFD Administrator shall also determine: (i) the Tax Zone within which
A-5
ATTACHMENT 10
each Parcel is located; (ii) which Parcels are Developed Property and Undeveloped Property; (iii) the number of Units or Acreage each Parcel contains; (iv) the property type, i.e., Industrial Property, Mixed-Use Property, etc.; and (v) the Annual Special Tax Requirement for the Fiscal Year.
C. MAXIMUM ANNUAL SPECIAL TAX RATE
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within Tax Zone No. 1 shall be assigned according to the table on the following page.
Tax Zone No. 1
Property Land Use 2022/23 Maximum Special Tax Rate
Industrial Property $5,852.00 per Acre
Mixed Use Property $12,030.00 per Acre
Accessory Dwelling Units $731.50 per ADU
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be increased by the Tax Escalation Factor.
On July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax for Tax Zone No. 1 shall be increased by an amount equal to the Tax Escalation Factor.
A different Maximum Special Tax rate and Tax Escalation Factor may be identified in Tax Zones added to CFD No. 2022-02 as a result of future annexations.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
All Taxable Property shall be subject to a Special Tax defined as follows.
The Special Tax shall be levied each Fiscal Year by the CFD Administrator. The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD No. 2022-02 by the method shown below.
First: Determine the Annual Special Tax Requirement.
Second: Levy the Special Tax on each Parcel of Developed Property and Undeveloped Property, Proportionately, up to the applicable Maximum Special Tax.
Under no circumstances will the Special Tax on any Assessor’s Parcel used for private residential purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2022-02.
A-6
ATTACHMENT 10
E. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Property Owner’s Association Property, Assessor’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement, or Public Property, except as otherwise provided in Sections 53317.3, 53317.5, and 53340.1 of the Act.
Welfare Exempt Property shall be exempt from the Special Tax in each Fiscal Year the property qualifies as Welfare Exempt Property.
F. APPEAL OF SPECIAL TAX LEVY
Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax 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 property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, the CFD Administrator shall determine if sufficient Special Tax revenue is available to make a cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit future Special Taxes.
This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.
G. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT
The City Council may, by resolution or ordinance, interpret, clarify and/or revise this Rate and Method of Apportionment to correct any inconsistency, vagueness, or ambiguity as it relates to the Special Taxes, method of apportionment, classification of Assessor’s Parcels, or any definition used herein, as long as such correction does not materially affect the levy and collection of Special Taxes. In addition, the
A-7
ATTACHMENT 10
interpretation and application of any section of this document shall be at the City’s discretion.
H. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD No. 2022-02, and may collect delinquent Special Taxes through available methods.
A Special Tax shall be levied commencing in Fiscal Year 2022/23 to the extent necessary to satisfy the Annual Special Tax Requirement and shall be levied for as long as required to satisfy the Annual Special Tax Requirement.
I. PREPAYMENT OF SPECIAL TAX
The Special Tax may not be prepaid.
DATE:June 1, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Matthew R. Burris, AICP, LEED AP, Deputy City Manager – Community Development, Interim Planning Director
Jennifer Nakamura, Deputy Director of Planning
SUBJECT: Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four- fifths Vote, an Interim Urgency Ordinance Extending until June 30, 2022, an Interim Ordinance Adopting an Interim Development Code and Official City of Rancho Cucamonga Zoning Map, and Declaring the Urgency Thereof, and Approving an Addendum to a Certified Final Environmental Impact Report and Adopting Findings Pursuant to the California Environmental Quality Act (CEQA) in Connection Therewith. (URGENCY INTERIM ORDINANCE NO. 1004) (CITY)
RECOMMENDATION:
Staff recommends the City Council adopt Interim Urgency Ordinance No. 1004, extending an interim urgency ordinance to require development applications comply with the interim Development Code Update and Zoning Map to implement the General Plan until July 1, 2022.
BACKGROUND:
Government Code Section 65858 provides, “Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the legislative body of a…city…to protect the public safety, health, and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated General Plan, Specific Plan, or Zoning proposal that the legislative body, Planning Commission or the Planning Department is considering or studying or intends to study within a reasonable time. That urgency measure shall require a four-fifths vote of the legislative body for adoption. The interim ordinance shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, the legislative body may extend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year. Any extension shall also require a four-fifths vote for adoption. Not more than two extensions may be adopted.” On May 4, 2022, the City Council, by four-fifths vote, adopted Ordinance No. 998 to require new development applications to comply with the interim Development Code Update and Zoning Map while staff made final revisions to the final Development Code and conducted the outreach, public hearing and adoption process.
1 2
8 6
ANALYSIS:
Prior to the approval of the interim urgency ordinance, the Planning Commission conducted a public hearing on the permanent ordinance at its April 27, 2022, meeting. No public comments were received at either meeting and the Commission unanimously recommended adoption of all proposed amendments.
As required pursuant to Section 65858(d) of the California Government Code, the City Council received a report on May 18, 2022, describing the measures taken to alleviate the condition which led to the adoption of the ordinance.
On May 18, 2022, the City Council conducted a public hearing on the permanent code amendments and with a unanimous vote, adopted resolution 2022-055 and conducted first reading of ordinances 1000, 1001 and 1002 to enact all necessary legislative actions to adopt the revised Development Code and Zoning Map (Attachment 2). Ordinances 1000, 1001 and 1002 require a second reading, scheduled for June 1, and become effective 30 days after second reading, which would be July 1.
The interim ordinance, if not extended, is set to expire on June 19. If the ordinance is not extended until the permanent ordinances become effective, development projects would be subject to the development standards from the previous code for a 12-day period, from June 19 through June
30. The standards from the previous code, particularly for mixed use and denser developments are inconsistent with the vision, goals and policies of the new General Plan. This could leave staff in the untenable position of denying projects formally submitted during the 12-day period that are otherwise consistent with the General Plan and the City’s vision for growth and development.
Extending the interim ordinance will provide continuity for staff and eliminate uncertainty for our development partners to continue work on projects in the review process using consistent, updated development standards that implement the vision, goals and policies of the General Plan.
FISCAL IMPACT:
None
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
Extending the interim urgency ordinance in an effort to maintain the public health, safety and welfare of the community achieves multiple City Council “Core Values,” including:
Providing and nurturing a high quality of life for all; Promoting and enhancing a safe and healthy community for all; Intentionally embracing and anticipating the future; and Working together cooperatively and respectfully with each other, staff, and all stakeholders.
ATTACHMENTS:
Attachment 1 – May 4, 2022 Interim Ordinance Staff Report Attachment 2 – May 18, 2022 Permanent Code Adoption Staff Report Attachment 3 – Ordinance No. 1004
1 1
2 4
7 DATE: May 4, 2022
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Matthew R. Burris, AICP, LEED AP, Deputy City Manager – Community Development, Interim Planning Director
Jennifer Nakamura, Deputy Director of Planning
SUBJECT:Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four- fifths Vote, Interim Urgency Ordinance No. 998, to be Read by Title Only and Waive Further Reading, Adopting an Interim Development Code and Official City Of Rancho Cucamonga Zoning Map, and Declaring The Urgency Thereof, and Approving an Addendum to a Certified Final Environmental Impact Report and Adopting Findings Pursuant to the California Environmental Quality Act (CEQA) In Connection Therewith. (INTERIM URGENCY ORDINANCE NO. 998) (CITY)
RECOMMENDATION:
Staff recommends that the City Council adopt the attached interim urgency ordinance (Attachment 1) to:
1. Require development applications comply with the interim Development Code Update and Zoning Map to implement the General Plan during the term of the interim urgency ordinance.
2. Adopt an addendum to the 2020 General Plan Update EIR under the California Environmental Quality Act (CEQA).
BACKGROUND:
On December 15, 2021, the City Council unanimously adopted the updated General Plan for the City of Rancho Cucamonga. The General Plan is the City’s blueprint, or constitution, for future development. It documents the city’s long-range vision and established clear goals, objectives and actions to guide the community through the next 10 to 20 years of change. The City Council initiated this update process, referred to as PlanRC, to be compliant with changes in state law and to build on our success as a world class community to create a balanced, vibrant and innovative city. This comprehensive General Plan Update addresses issues and challenges facing the City, including diversifying employment opportunities, expanding housing and mobility choice and preserving the character, history, and quality of life that make Rancho Cucamonga a special place to live. The updated General Plan will advance the City’s vision for a sustainable, resilient, equitable and healthy community.
While the General Plan is the policy document that provides an overall vision, policy direction, and implementation strategy to support future development in Rancho Cucamonga, the Development Code implements General Plan policies through detailed development regulations, such as specific use types and building standards. Although the purpose and intent of zoning is different from the General Plan, state
2 1
2 4
7 law requires that zoning be consistent with maps and policies in the General Plan. Uses and densities/intensities are permitted if they are consistent with both the General Plan land use designation and the zoning of the property. When a zoning ordinance becomes inconsistent due to a general plan amendment, the city must enact a consistent zoning ordinance within a reasonable time.
The adoption of the General Plan has spurred development interest and is resulting in an increase in applications for large-scale projects. Currently, there are over 1,700 residential units and approximately 64,000 square feet of commercial development in the pipeline along the major corridors in the southern portion of the city. The current development code is not consistent with the intent of the character-based General Plan Land Use Designations, and does not contain the necessary standards to implement the General Plan vision for walkable, mixed-use places. City staff have been working with a consultant team on amendments to the Development Code to implement the Land Use Designations in the updated General Plan, including the addition of form-based code components for the new mixed-use place types established in the General Plan. The adoption of the interim urgency ordinance will allow City staff to use the current draft of the updated Development Code to review and process development applications in a manner that is consistent with the updated General Plan and vision of the community.
Government Code Section 65858 provides, “Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the legislative body of a…city…to protect the public safety, health, and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated General Plan, Specific Plan, or Zoning proposal that the legislative body, Planning Commission or the Planning Department is considering or studying or intends to study within a reasonable time. That urgency measure shall require a four-fifths vote of the legislative body for adoption. The interim ordinance shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, the legislative body may extend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year. Any extension shall also require a four-fifths vote for adoption. Not more than two extensions may be adopted.” The proposed Development Code attached to the interim urgency ordinance is not intended to be the final Development Code adopted in accordance with the normal zoning ordinance. However, it includes the most important zoning regulations and development standards to permit development applications to be evaluated, while allowing staff more time to prepare and process the permanent Development Code. City staff believes there is an immediate threat to the public health, safety, and welfare by not having in place a Development Code and Zoning Map that is consistent with the General Plan. Development applications are currently unable to be processed in a logical manner, threatening the production of housing units in the City.
ANALYSIS:
The goals of the Development Code update are to codify the community’s vision as established in the General Plan update process, increase certainty in the development review process, and facilitate implementation of key General Plan concepts related to land use and urban design. A primary objective is to integrate form-based regulations in appropriate areas, such as along Foothill Boulevard, to promote pedestrian activity and transition these areas from auto-oriented to more walkable and urban configurations.
Fundamental elements of the Development Code update are:
A hybrid Development Code that integrates form-based and conventional zones. New form-based zoning regulations for walkable mixed-use areas along Foothill Boulevard and other key corridors.
Incorporation of appropriate standards from older Specific Plans and Planned Communities into the new zoning regulations to allow for repeal of outdated plans. New objective design standards for multi-family residential and mixed-use development projects. Revisions to conventional zones as needed to implement the land use vision of the General Plan. Revised general development standards to address General Plan policy or existing deficiencies with respect to landscaping, open space, and noise, among others as needed.
3 1
2 4
7 Improved administration and permit procedures to streamline development review for projects consistent with the General Plan and ensure adequate tools for enforcement of the Code. Compliance with State and Federal law.
Consistency with the updated General Plan.
General Plan Consistency
The existing Development Code was reviewed for consistency with the goals and policies of the adopted General Plan. Where an inconsistency was identified, the Development Code was amended to provide adequate provisions to facilitate development in alignment with the policy direction of the General Plan. In addition, the intent and purpose of each General Plan land use designation was assessed to determine whether the designation could be implemented with an existing zoning district or if a new zone was needed.
Recommendations to implement the General Plan and the creation of new form-based zones to implement the new mixed-use land use designations are described below.
Implementation of the General Plan Vision
To successfully achieve the City’s vision and uphold the core values identified by the community during the PlanRC process, the General Plan is designed around strengthening Rancho Cucamonga’s sense of identity and character by creating places where people want to be and improving their ability to move around. The overarching strategy is one of human-scaled design, with buildings and outdoor spaces oriented towards people connected by safe and comfortable streets, pathways, and trails that provide equitable access for all. The General Plan organizes the city into districts, centers, corridors, and neighborhoods, with an overall vision for greater walkability centered around nodes of activity.
4 1
2 4
7 Vision Diagram
The Land Use and Community Character Chapter of the General Plan describes and defines the distinct types of places—or “place types”—that the City aims to create to achieve the vision. The General Plan unifies the inseparable topics of land use and community character and design into a single chapter to ensure that the uses, experiences, and activities that current and future community members enjoy in our city cannot be divorced from our vision for the unique look, feel, character, ambiance and quality of life that we enjoy in Rancho Cucamonga.
Given the City’s broad place-making goals and the community’s interest in shaping the form and character of the city, the General Plan uses “place type” designations that go beyond conventional land use designations to better define the existing and intended character, form, and function of each part of the city.
Each place type is organized into designations that provide direction on the intended range of uses, appropriate levels of development density and intensity, and intended physical design character. The Land Plan is illustrated below and also available on the City’s website: https://bit.ly/gplandplan.
5 1
2 4
7 Place Types and General Plan Designations
Land Plan
6 1
2 4
7 Form-Based Code
The Form-Based Code (FBC) implements the General Plan’s vision, place type designations, and policy direction for key areas of the city, including the major corridors, focus areas and activity nodes. The FBC, which is Article VIII of Title 17 (Development Code), establishes place-based standards for certain areas that are intended to promote pedestrian activity, encourage a diversity of uses, accommodate new housing typologies, and facilitate the transition of auto-oriented areas to more walkable and urban places. The FBC represents an alternative to a conventional zoning code’s approach to the way the built environment is regulated.
The definition of a Form-Based Code is as follows: “Form-Based Codes foster predictable built results and a high-quality public realm by using physical form (rather than separation of uses) as the organizing principle for the code. These codes are adopted into city or county law as regulations, not mere guidelines.
Form-Based Codes are an alternative to conventional zoning.” (Source: Form-Based Codes Institute) Unlike conventional, use-based codes, FBCs utilize the intended form and character of a neighborhood rather than use as the organizing framework of the code. FBCs address the relationship between building facades and the public realm (i.e., sidewalk, street), the form and mass of buildings in relation to one another, and the scale and types of buildings and blocks.
Regulations and standards in a FBC are presented graphically in diagrams and photographs as well as supplemental text. These standards are keyed to the zoning map, assigning an appropriate form and scale through the application of form-based zones to specific lots for key areas of the city where mixed use urban form is desired. The remainder of the city uses conventional zoning as regulated by Article III of the Development Code. While the FBC focuses on an intended physical form, it also regulates use by allowing a mix of appropriate land uses chosen to ensure compatibility among different contexts and the intended physical form of the area. The FBC is intended to transform our commercial corridors and centers into vibrant, mixed-use areas where residents can live, work, and play within close walking distance.
Article VIII is organized around the following regulating topic areas:
Zone and Building Standards: establishes purpose and intent of building type standards, standards that are applicable to all form-based zones and building types, descriptions of each building type, and objective development standards associated with each building type. Building Entrances and Facades: establishes purpose and intent of building entrance and facade type standards, descriptions of each building entrance and facade type, and objective development standards associated with each type.
Public Open Space: establishes purpose and intent of public open space standards, descriptions of each public open space type, and objective development standards associated with each type. Land Use Standards: establishes the land uses allowed in each form-based zone and any
7 1
2 4
7 necessary specific use standards.
Large Site Development: provides requirements for large site development including applicability, intent and design review requirements; and establishes block size and connectivity standards.
Objective Design Standards
Another key component of the updated Development Code is new objective design standards for multi- family residential and mixed-use development projects to respond to changes in state law and facilitate housing production. State law defines objective standards as those that “involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and public official prior to submittal.” They are measurable and verifiable (i.e., no “gray area” for interpretation) to make the design review process more streamlined, predictable, and easier to interpret.
The purpose of objective design standards is for applicants to know beforehand what requirements apply to a proposed development and for the applicant to be able to design a project that meets those requirements before submittal. Objective design standards are written as requirements, rather than guidelines, and will provide applicants and developers with a clear understanding of the City’s expectations for mixed-use and multi-family residential project design to help streamline the review process. Objective design standards that are intended to complement all base zoning districts are contained in Article VII, while objective standards specifically aimed at mixed use and multi-family development in the form-based zones are integrated into Article VIII.
Future Repeal of Older Specific Plans, Master Plans and Planned Communities Part of the Development Code update includes the incorporation of appropriate standards from older specific plans, master plans and planned communities into the new zoning regulations to allow for the repeal of outdated plans. In many instances these original plans are fully built out, and in others revisions to the code will supersede the need for the specialized zoning or standards allowed by the specific plan, master plan or planned community. Because many of the City’s specific plans, master plans and planned communities were prepared over 30 years ago, they are difficult to interpret and amendments are often required to accommodate different types of development not contemplated in the 1980s and 1990s.
The following is the list of specific plans, master plans and planned communities to be repealed with adoption of the updated Development Code:
Etiwanda Highlands Planned Unit Development (EH) 1988 - Repeal Etiwanda North Specific Plan (NESP) 1992- Repeal
Etiwanda Specific Plan (ESP) 1985 adopted - Repeal
Terra Vista Community Plan (TCVP) 1983 adopted - Repeal Town Square Master Plan (TS) 2002 - Repeal
Victoria Arbors Master Plan (VA) 2002 - Repeal
Victoria Community Plan (VCP) 1981 - Repeal
Empire Lakes Specific Plan (ELSP) (Also referred to as IASP Sub-Area 18 Specific Plan) 1994 adopted – Amend to change boundary and renamed to The Resort Specific Plan In order to maintain compatibility of new infill development and to avoid the creation of non-conforming uses and structures, applicable standards from these plans have been incorporated into the new form- based zones and/or integrating into the Development Code through the use of subzones, which are subsets of the primary conventional zone. Subzones align with the primary zone development standards and use requirements except where otherwise noted to maintain the necessary standards of the repealed plan. Because of inconsistencies between the Development Code, the regulations of the repealed plans, and what is built, the Development Code includes provisions for staff to allow flexibility based on existing development that may become non-conforming.
Provisions of the specific plans and master plans that are inconsistent with the interim Development Code will not be applied during the term of the interim urgency ordinance. The plans will be repealed through
8 1
2 4
7 the formal process as soon as practicable.
Legal Consistency
Legal requirements relative to this code update were analyzed and where the Development Code was determined to be out of compliance, amendments to the code were made. The following topic areas were amended to bring the City’s Development Code into compliance with state and federal law:
Special needs housing, including community care facilities, family day care homes, emergency shelters, farmworker housing
Accessory dwelling units
Manufactured homes
Telecommunications facilities, including review of wireless telecommunications facilities and acceleration of broadband deployment
Density bonuses, incentives and concessions
Fine-tuning of permit review requirements
General Code Issues
In addition, and as part of the process, the consultant for the Development Code update led a series staff interviews with representatives from the Planning Department, Engineering Department, Building and Safety Department, Animal Services and Community Improvement Division to identify opportunities to clarify code content, address existing deficiencies, or improve usability. The following topics were amended to address staff identified issues:
Amendments to review applicability and process language for a variety of application types for clarity.
Changes to home occupancy permits to expressly prohibit certain uses such as ammunition recycling.
Removal of the planned community process which is not used anymore and changes to specific plan size threshold.
Modifications to the allowed use table and descriptions for certain allowed uses. Updates to development standards for residential zones to allow for more residential types to expand opportunities for a range of residential development. Removal of several Overlay Zoning Districts that are no longer applicable with the amendments to the code and the inclusion of the form-based code. The Overlays to be removed include:
Industrial/Commercial, Foothill Boulevard, Mixed Use, and Haven Avenue Overlay Zoning Districts. Changes to requirements and exceptions for certain accessory structures. Reductions of guest parking standards for residential uses. Addition of parking management standards to address spillover parking from large projects into adjacent residential neighborhoods.
Updates animal keeping standards to make them easier to apply and enforce and to allow for a wider variety of pets on smaller lot sizes.
Comprehensive update to general design provisions and design provisions by development type. Revisions to the Zoning Map for consistency with the General Plan and Development Code and to implement the new Form-Based Zones.
COMMUNITY ENGAGEMENT:
PlanRC Engagement Process
A primary purpose of the Development Code update is for consistency with, and implementation of, the recently adopted General Plan, which reflects the vision and core values of the community. The City started PlanRC, the name for the General Plan Update process, in January 2020. Throughout the nearly two-year process leading up to General Plan adoption, the City conducted a robust engagement effort with the public.
Community input was solicited and reflected throughout each phase of the planning process. PlanRC involved longtime residents, new residents, seniors, youth, clubs, organizations, business owners,
9 1
2 4
7 developers, and many more. As a city rich in its mix of ethnicities, cultures and identities, the engagement for PlanRC worked to provide consistent equitable and inclusive community engagement practices throughout the process.
Although in-person outreach was extremely limited due to COVID-19 constraints, the community adapted and found meaningful ways to get involved in PlanRC through digital engagement platforms. Engagement efforts prioritized determining values and ideas for the future of the city related to land use, housing, mobility, recreation, and economic development. There were several online surveys, events, and workshops that focused solely on community character, land use, and placemaking, which are implemented by the zoning and standards in the Development Code. Throughout the two-year process, PlanRC received input from over 2,300 community members through online surveys and virtual meetings and generated over 1.1 million digital impressions through various social media platforms. The Development Code, in particular the Form-Based Code, is one of the implementing tools for the General Plan vision, and therefore reflects the ideas, values and input of the community.
Development Code Update Focus Group Meeting
In addition to the significant amount of community input received during the PlanRC process, staff also conducted a virtual Development Code Update Focus Group Discussion on November 3, 2021. This focus group meeting included Building Industry Association (BIA) members and several developers. The intent of the meeting was to inform and engage key stakeholders about the Development Code update and collect feedback on the current code and opportunities for improvement.
Some input received from stakeholders that were addressed in the development code included suggestions for lower guest parking requirements, allowing for shared parking between uses in mixed use areas and flexibility in design for accommodating parking as well as recommendations for future development of parking management plans. In addition, stakeholders requested clear process requirements and objective standards that provide more certainty in desired outcome and streamlining in development review, and more flexibility in certain lot and site planning requirements without having to do a zone change or code amendment.
Planning Commission
On April 13, 2022, the Planning Commission held a study session on the Public Review Draft of the Development Code and subsequently on April 27, 2022, the Planning Commission conducted a public hearing on the proposed amendments. No public comments were received at either meeting and the Commission unanimously recommended adoption of all proposed amendments. The permanent ordinance will be considered at the May 18, City Council meeting.
ENVIRONMENTAL REVIEW:
In approving the General Plan update in December 2021, the City Council certified the Rancho Cucamonga General Plan Final Environmental Impact Report (EIR) (SCH No. 2021050261) in accordance with the California Environmental Quality Act (CEQA). Pursuant to CEQA Guidelines Section 15164, the City has reviewed the proposed Development Code Update against the General Plan EIR and determined the EIR adequately addresses all the environmental issues associated with the project. The proposed project would not result in any new significant impacts on the environment based upon the analysis and conclusions presented in the General Plan EIR. In addition, previously identified significant impacts would not be substantially more severe than shown in the previous EIR. Finally, no new feasible mitigation measures have been identified that would substantially reduce significant impacts identified in the General Plan EIR. Therefore, staff has prepared an EIR Addendum (Exhibit C of Ordinance 998) for the Development Code Update. Unlike an EIR, an Addendum is not required to be circulated for public review.
10 1
2 4
7 FISCAL IMPACT:
The adoption of these new interim standards will facilitate future development consistent with the vision outlined in the General Plan. The General Plan vision for denser, mixed use urban centers can help Rancho Cucamonga maintain a high level of fiscal performance and become a regional destination and focal point of activity.
NEXT STEPS:
Upon adoption of this interim urgency ordinance to implement the General Plan, staff will be able to apply the updated Development Code, including the new Form-Based Code (Article VIII) to new development applications.
COUNCIL GOAL(S) ADDRESSED:
Enacting an urgency ordinance in an effort to maintain the public health, safety and welfare of the community achieves multiple City Council Core Values, including providing and nurturing a high quality of life for all, promoting and enhancing a safe and healthy community for all, and intentionally embracing and anticipating the future, building and preserving a family-oriented atmosphere, and more. Furthermore, this urgency ordinance supports the City Council’s goal of completing the General Plan and Housing Element.
ATTACHMENTS:
Attachment 1 - Ordinance No. 998
1 1
2 7
7 DATE: May 18, 2022
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Matthew R. Burris, AICP, LEED AP, Deputy City Manager – Community Development, Interim Planning Director
Jennifer Nakamura, Deputy Director of Planning
SUBJECT:Public Hearing to Consider Adoption of Resolution Number 2022-055 and Conduct of First Reading of Ordinance Numbers 1000, 1001, and 1002 to be Read by Title Only and Waive Further Reading, to Adopt A Comprehensive Revision to Title 17 of the Rancho Cucamonga Municipal Code, A Revised Zoning Map, Repeal the Etiwanda Specific Plan, Etiwanda Highlands Specific Plan, Etiwanda North Specific Plan, Terra Vista Planned Community, Victoria Planned Community, Town Square Master Plan, and Victoria Arbors Master Plan, Amend the Empire Lakes Specific Plan Boundary and Rename to The Resort Specific Plan; and Adopt an Addendum to the General Plan Program Environmental Impact Report (PEIR). (ORDINANCE NO. 1000, 1001, 1002 AND RESOLUTION 2022-055) (CITY)
RECOMMENDATION:
Planning Commission and staff recommend that the City Council adopt a resolution and conduct first reading of the attached ordinances to:
Adopt an addendum to the General Plan Environmental Impact Report (PEIR) SCH# 2021050261; and Adopt a comprehensive revision to Title 17 of the Rancho Cucamonga Municipal Code to implement the goals and policies of the recently adopted General Plan, including, but not limited to:
Develop implementing zones for all General Plan land use designations; Add a new article implementing form-based zoning for specific mixed use zones; Incorporate key standards from Specific Plans and Planned Communities into the Development Code; Revise permit procedures to streamline development review; Comply with State Law; and
Adopt a revised Zoning Map:
Establishes new zoning districts that implement the General Plan land use designations; and Repeal the following Specific Plans, Master Plans and Planned Communities:
Etiwanda Highlands Planned Community;
Etiwanda North Specific Plan;
Etiwanda Specific Plan;
Terra Vista Planned Community;
Town Square Master Plan;
2 1
2 7
7 Victoria Arbors Maser Plan;
Victoria Community Plan; and
Amend the Empire Lakes Specific Plan to change the boundary and rename to The Resort Specific Plan; BACKGROUND:
On December 15, 2021, the City Council unanimously adopted the updated General Plan for the City of Rancho Cucamonga. The General Plan is the City’s blueprint, or constitution, for future development. It documents the city’s long-range vision and established clear goals, objectives and actions to guide the community through the next 10 to 20 years of change. The City Council initiated this update process, referred to as PlanRC, to be compliant with changes in state law and to build on our success as a world class community to create a balanced, vibrant and innovative city. This comprehensive General Plan Update addresses issues and challenges facing the City, including diversifying employment opportunities, expanding housing and mobility choice and preserving the character, history, and quality of life that make Rancho Cucamonga a special place to live. The updated General Plan will advance the City’s vision for a sustainable, resilient, equitable and healthy community.
While the General Plan is the policy document that provides an overall vision, policy direction, and implementation strategy to support future development in Rancho Cucamonga, the Development Code implements General Plan policies through detailed development regulations, such as specific use types and building standards. Although the purpose and intent of zoning is different from the General Plan, state law requires that zoning be consistent with maps and policies in the General Plan. Uses and densities/intensities are permitted if they are consistent with both the General Plan land use designation and the zoning of the property. When a zoning ordinance becomes inconsistent due to a general plan amendment, the city must enact a consistent zoning ordinance within a reasonable time.
The adoption of the General Plan has spurred development interest and is resulting in an increase in applications for large-scale projects. Currently, there are over 1,700 residential units and approximately 64,000 square feet of commercial development in the pipeline along the major corridors in the southern portion of the city. The current development code is not consistent with the intent of the character-based General Plan Land Use Designations and does not contain the necessary standards to implement the General Plan vision for walkable, mixed-use places. City staff have been working with a consultant team on amendments to the Development Code to implement the Land Use Designations in the updated General Plan, including the addition of form-based code components for the new mixed-use place types established in the General Plan.
ANALYSIS:
The goals of the Development Code update are to codify the community’s vision as established in the General Plan update process, increase certainty in the development review process, and facilitate implementation of key General Plan concepts related to land use and urban design. A primary objective is to integrate form-based regulations in appropriate areas, such as along Foothill Boulevard, to promote pedestrian activity and transition these areas from auto-oriented to more walkable and urban configurations.
Fundamental elements of the Development Code update are:
A hybrid Development Code that integrates form-based and conventional zones. New form-based zoning regulations for walkable mixed-use areas along Foothill Boulevard and other key corridors.
Incorporation of appropriate standards from older Specific Plans and Planned Communities into the new zoning regulations to allow for repeal of outdated plans. New objective design standards for multi-family residential and mixed-use development projects. Revisions to conventional zones as needed to implement the land use vision of the General Plan. Revised general development standards to address General Plan policy or existing deficiencies with respect to landscaping, open space, and noise, among others as needed.
3 1
2 7
7 Improved administration and permit procedures to streamline development review for projects consistent with the General Plan and ensure adequate tools for enforcement of the Code. Compliance with State and Federal law.
Consistency with the updated General Plan.
General Plan Consistency
The existing Development Code was reviewed for consistency with the goals and policies of the adopted General Plan. Where an inconsistency was identified, the Development Code was amended to provide adequate provisions to facilitate development in alignment with the policy direction of the General Plan. In addition, the intent and purpose of each General Plan land use designation was assessed to determine whether the designation could be implemented with an existing zoning district or if a new zone was needed.
Recommendations to implement the General Plan and the creation of new form-based zones to implement the new mixed-use land use designations are described below.
Implementation of the General Plan Vision
To successfully achieve the City’s vision and uphold the core values identified by the community during the PlanRC process, the General Plan is designed around strengthening Rancho Cucamonga’s sense of identity and character by creating places where people want to be and improving their ability to move around. The overarching strategy is one of human-scaled design, with buildings and outdoor spaces oriented towards people connected by safe and comfortable streets, pathways, and trails that provide equitable access for all. The General Plan organizes the city into districts, centers, corridors, and neighborhoods, with an overall vision for greater walkability centered around nodes of activity.
Vision Diagram
4 1
2 7
7 The Land Use and Community Character Chapter of the General Plan describes and defines the distinct types of places—or “place types”—that the City aims to create to achieve the vision. The General Plan unifies the inseparable topics of land use and community character and design into a single chapter to ensure that the uses, experiences, and activities that current and future community members enjoy in our city cannot be divorced from our vision for the unique look, feel, character, ambiance and quality of life that we enjoy in Rancho Cucamonga.
Given the City’s broad place-making goals and the community’s interest in shaping the form and character of the city, the General Plan uses “place type” designations that go beyond conventional land use designations to better define the existing and intended character, form, and function of each part of the city.
Each place type is organized into designations that provide direction on the intended range of uses, appropriate levels of development density and intensity, and intended physical design character. The Land Plan is illustrated below and also available on the City’s website: https://bit.ly/gplandplan.
Place Types and General Plan Designations
5 1
2 7
7 Land Plan
Form-Based Code
The Form-Based Code (FBC) implements the General Plan’s vision, place type designations, and policy direction for key areas of the city, including the major corridors, focus areas and activity nodes. The FBC, which is Article VIII of Title 17 (Development Code), establishes place-based standards for certain areas that are intended to promote pedestrian activity, encourage a diversity of uses, accommodate new housing typologies, and facilitate the transition of auto-oriented areas to more walkable and urban places. The FBC represents an alternative to a conventional zoning code’s approach to the way the built environment is regulated.
The definition of a Form-Based Code is as follows: “Form-Based Codes foster predictable built results and a high-quality public realm by using physical form (rather than separation of uses) as the organizing principle for the code. These codes are adopted into city or county law as regulations, not mere guidelines.
Form-Based Codes are an alternative to conventional zoning.” (Source: Form-Based Codes Institute) Unlike conventional, use-based codes, FBCs utilize the intended form and character of a neighborhood rather than use as the organizing framework of the code. FBCs address the relationship between building facades and the public realm (i.e., sidewalk, street), the form and mass of buildings in relation to one
6 1
2 7
7 another, and the scale and types of buildings and blocks.
Regulations and standards in a FBC are presented graphically in diagrams and photographs as well as supplemental text. These standards are keyed to the zoning map, assigning an appropriate form and scale through the application of form-based zones to specific lots for key areas of the city where mixed use urban form is desired. The remainder of the city uses conventional zoning as regulated by Article III of the Development Code. While the FBC focuses on an intended physical form, it also regulates use by allowing a mix of appropriate land uses chosen to ensure compatibility among different contexts and the intended physical form of the area. The FBC is intended to transform our commercial corridors and centers into vibrant, mixed-use areas where residents can live, work, and play within close walking distance.
Article VIII is organized around the following regulating topic areas:
Zone and Building Standards: establishes purpose and intent of building type standards, standards that are applicable to all form-based zones and building types, descriptions of each building type, and objective development standards associated with each building type. Building Entrances and Facades: establishes purpose and intent of building entrance and facade type standards, descriptions of each building entrance and facade type, and objective development standards associated with each type.
Public Open Space: establishes purpose and intent of public open space standards, descriptions of each public open space type, and objective development standards associated with each type. Land Use Standards: establishes the land uses allowed in each form-based zone and any necessary specific use standards.
Large Site Development: provides requirements for large site development including applicability, intent and design review requirements; and establishes block size and connectivity standards.
Objective Design Standards
Another key component of the updated Development Code is new objective design standards for multi- family residential and mixed-use development projects to respond to changes in state law and facilitate housing production. State law defines objective standards as those that “involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and public official prior to submittal.” They are measurable and verifiable (i.e., no “gray area” for interpretation) to make the design review process more streamlined, predictable, and easier to interpret.
The purpose of objective design standards is for applicants to know beforehand what requirements apply to a proposed development and for the applicant to be able to design a project that meets those requirements before submittal. Objective design standards are written as requirements, rather than guidelines, and will provide applicants and developers with a clear understanding of the City’s expectations
7 1
2 7
7 for mixed-use and multi-family residential project design to help streamline the review process. Objective design standards that are intended to complement all base zoning districts are contained in Article VII, while objective standards specifically aimed at mixed use and multi-family development in the form-based zones are integrated into Article VIII.
Future Repeal of Older Specific Plans, Master Plans and Planned Communities Part of the Development Code update includes the incorporation of appropriate standards from older specific plans, master plans and planned communities into the new zoning regulations to allow for the repeal of outdated plans. In many instances these original plans are fully built out, and in others revisions to the code will supersede the need for the specialized zoning or standards allowed by the specific plan, master plan or planned community. Because many of the City’s specific plans, master plans and planned communities were prepared over 30 years ago, they are difficult to interpret and amendments are often required to accommodate different types of development not contemplated in the 1980s and 1990s.
The following is the list of specific plans, master plans and planned communities to be repealed with adoption of the updated Development Code:
Etiwanda Highlands Planned Community (EH) 1988
Etiwanda North Specific Plan (NESP) 1992
Etiwanda Specific Plan (ESP) 1985
Terra Vista Planned Community (TCVP) 1983
Town Square Master Plan (TS) 2002
Victoria Arbors Master Plan (VA) 2002
Victoria Planned Community (VCP) 1981
Empire Lakes Specific Plan (ELSP) (Also referred to as IASP Sub-Area 18 Specific Plan) 1994 – Amend to change boundary and renamed to The Resort Specific Plan In order to maintain compatibility of new infill development and to avoid the creation of non-conforming uses and structures, applicable standards from these plans have been incorporated into the new form- based zones and/or integrating into the Development Code through the use of subzones, which are subsets of the primary conventional zone. Subzones align with the primary zone development standards and use requirements except where otherwise noted to maintain the necessary standards of the repealed plan. Because of inconsistencies between the Development Code, the regulations of the repealed plans, and what is built, the Development Code includes provisions for staff to allow flexibility based on existing development that may become non-conforming.
Legal Consistency
Legal requirements relative to this code update were analyzed and where the Development Code was determined to be out of compliance, amendments to the code were made. The following topic areas were amended to bring the City’s Development Code into compliance with state and federal law:
Special needs housing, including community care facilities, family day care homes, emergency shelters, farmworker housing
Accessory dwelling units
Manufactured homes
Telecommunications facilities, including review of wireless telecommunications facilities and acceleration of broadband deployment
Density bonuses, incentives and concessions
Fine-tuning of permit review requirements
General Code Issues
In addition, and as part of the process, the consultant for the Development Code update led a series staff interviews with representatives from the Planning Department, Engineering Department, Building and Safety Department, Animal Services and Community Improvement Division to identify opportunities to clarify code content, address existing deficiencies, or improve usability. The following topics were amended
8 1
2 7
7 to address staff identified issues:
Amendments to review applicability and process language for a variety of application types for clarity.
Changes to home occupancy permits to expressly prohibit certain uses such as ammunition recycling.
Removal of the planned community process which is not used anymore and changes to specific plan size threshold.
Modifications to the allowed use table and descriptions for certain allowed uses. Updates to development standards for residential zones to allow for more residential types to expand opportunities for a range of residential development. Removal of several Overlay Zoning Districts that are no longer applicable with the amendments to the code and the inclusion of the form-based code. The Overlays to be removed include:
Industrial/Commercial, Foothill Boulevard, Mixed Use, and Haven Avenue Overlay Zoning Districts. Changes to requirements and exceptions for certain accessory structures. Reductions of guest parking standards for residential uses. Addition of parking management standards to address spillover parking from large projects into adjacent residential neighborhoods.
Updates animal keeping standards to make them easier to apply and enforce and to allow for a wider variety of pets on smaller lot sizes.
Comprehensive update to general design provisions and design provisions by development type. Revisions to the Zoning Map for consistency with the General Plan and Development Code and to implement the new Form-Based Zones.
COMMUNITY ENGAGEMENT:
PlanRC Engagement Process
A primary purpose of the Development Code update is for consistency with, and implementation of, the recently adopted General Plan, which reflects the vision and core values of the community. The City started PlanRC, the name for the General Plan Update process, in January 2020. Throughout the nearly two-year process leading up to General Plan adoption, the City conducted a robust engagement effort with the public.
Community input was solicited and reflected throughout each phase of the planning process. PlanRC involved longtime residents, new residents, seniors, youth, clubs, organizations, business owners, developers, and many more. As a city rich in its mix of ethnicities, cultures and identities, the engagement for PlanRC worked to provide consistent equitable and inclusive community engagement practices throughout the process.
Although in-person outreach was extremely limited due to COVID-19 constraints, the community adapted and found meaningful ways to get involved in PlanRC through digital engagement platforms. Engagement efforts prioritized determining values and ideas for the future of the city related to land use, housing, mobility, recreation, and economic development. There were several online surveys, events, and workshops that focused solely on community character, land use, and placemaking, which are implemented by the zoning and standards in the Development Code. Throughout the two-year process, PlanRC received input from over 2,300 community members through online surveys and virtual meetings and generated over 1.1 million digital impressions through various social media platforms. The Development Code, in particular the Form-Based Code, is one of the implementing tools for the General Plan vision, and therefore reflects the ideas, values and input of the community.
Development Code Update Focus Group Meeting
In addition to the significant amount of community input received during the PlanRC process, staff also conducted a virtual Development Code Update Focus Group Discussion on November 3, 2021. This focus group meeting included Building Industry Association (BIA) members and several developers. The intent of the meeting was to inform and engage key stakeholders about the Development Code update and collect feedback on the current code and opportunities for improvement.
9 1
2 7
7 Some input received from stakeholders that were addressed in the development code included suggestions for lower guest parking requirements, allowing for shared parking between uses in mixed use areas and flexibility in design for accommodating parking as well as recommendations for future development of parking management plans. In addition, stakeholders requested clear process requirements and objective standards that provide more certainty in desired outcome and streamlining in development review, and more flexibility in certain lot and site planning requirements without having to do a zone change or code amendment.
Planning Commission
On April 13, 2022, the Planning Commission held a study session on the Public Review Draft of the Development Code and subsequently on April 27, 2022, the Planning Commission conducted a public hearing on the proposed amendments. Three minor edits were also presented to the Commission to be included in the recommendation. These include: 1) removing height limits from the CE2 zone to allow for flexibility in vertical development; 2) elimination of height limit for high rise building type; and 3) Changing the zoning on APN 0209-032-35 from Neo Industrial to Center 1. No public comments were received at either meeting and the Commission unanimously recommended adoption of all proposed amendments.
ENVIRONMENTAL REVIEW:
In approving the General Plan update in December 2021, the City Council certified the Rancho Cucamonga General Plan Final Environmental Impact Report (EIR) (SCH No. 2021050261) in accordance with the California Environmental Quality Act (CEQA). Pursuant to CEQA Guidelines Section 15164, the City has reviewed the proposed Development Code Update against the General Plan EIR and determined the EIR adequately addresses all the environmental issues associated with the project. The proposed project would not result in any new significant impacts on the environment based upon the analysis and conclusions presented in the General Plan EIR. In addition, previously identified significant impacts would not be substantially more severe than shown in the previous EIR. Finally, no new feasible mitigation measures have been identified that would substantially reduce significant impacts identified in the General Plan EIR. Therefore, staff has prepared an EIR Addendum for the Development Code Update. Unlike an EIR, an Addendum is not required to be circulated for public review.
FISCAL IMPACT:
The adoption of these new interim standards will facilitate future development consistent with the vision outlined in the General Plan. The General Plan vision for denser, mixed use urban centers can help Rancho Cucamonga maintain a high level of fiscal performance and become a regional destination and focal point of activity.
COUNCIL GOAL(S) ADDRESSED:
These amendments address multiple City Council Core Values, including providing and nurturing a high quality of life for all, promoting and enhancing a safe and healthy community for all, and intentionally embracing and anticipating the future, building and preserving a family-oriented atmosphere, and more.
Furthermore, these ordinances support the City Council’s goal of completing the General Plan and Housing Element.
ATTACHMENTS:
Attachment 1 – Planning Commission Meeting Minutes, April 27, 2022 Attachment 2 – Planning Commission Resolution No. 22-14 Attachment 3 – Ordinance No 1000
Attachment 4 – Ordinance No 1001
Attachment 5 – Ordinance No 1002
Attachment 6 – Resolution No 2022-055
ORDINANCE NO. 1004
AN INTERIM URGENCY ZONING ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF RANCHO CUCAMONGA PURSUANT
TO GOVERNMENT CODE SECTION 65858 EXTENDING
THROUGH JUNE 30, 2022, AN EXISTING INTERIM URGENCY
ZONING ORDINANCE ADOPTING AN INTERIM DEVELOPMENT
CODE AND INTERIM OFFICIAL CITY OF RANCHO CUCAMONGA
ZONING MAP , DECLARING THE URGENCY THEREOF , AND
DETERMINING NO FURTHER CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) REVIEW IS REQUIRED
THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Legislative Findings.
A. On December 15, 2021, the City Council adopted Resolution 2021- 132, adopting environmental findings pursuant to the California Environmental Quality Act (“CEQA”) (Pub. Resources Code, § 21000 et seq. ), certifying a Final Program Environmental Impact Report for the 2020 PlanRC General Plan Update (SCH # 2021050261), adopting a statement of overriding considerations, and adopting a Mitigation Monitoring and Reporting Program. On that same date, the City Council adopted Resolution 2021- 133, adopting the 2020 PlanRC General Plan Update, the 2021-2029 Housing Element, and a Climate Action Plan. The 2020 PlanRC General Plan Update is a comprehensive update to the City’s General Plan that serves as the City’s blueprint, or constitution, for future development.
B. Government Code Section 65860(a) requires that city zoning ordinances must be consistent with the general plan of the city and are deemed consistent only if (1) the city has officially adopted a general plan, and (2) the various land uses authorized by the zoning ordinance are compatible with the objectives, policies, general land uses, and programs specified in the general plan. Governm ent Code Section 65680(c) further provides that in the event that a zoning ordinance becomes inconsistent with a general plan by reason of amendment to the general plan the zoning ordinance must be amended within a reasonable time so that it is consistent with the general plan as amended.
C. The City’s Development Code, as set forth in Title 17 of the Rancho Cucamonga Municipal Code, implements General Plan policies through detailed zoning regulations. The City’s Development Code became inconsistent with the 2020 PlanRC General Plan Update upon the City Council’s adoption of the 2020 PlanRC General Plan Update. Spec ifically, the Development Code was inconsistent with the intent of the character-based General Plan Land Use Designations, and did not contain the necessary standards to implement the General Plan vision for walkable, mixed-use places.
D. The City Council’s adoption of the 2020 PlanRC General Plan Update has spurred development interest and is resulting in an increase in applications for large -scale projects. Currently, there are over 1,700 residential units and approximately 64,000 square feet of commercial development in the pipeline along the major corridors in the southern portion of the City. Staff’s review of these projects under Development Code standards that were inconsistent with the 2020 PlanRC General Plan had the potential to impact the health, safety, and welfare of residents in the City. This is because the City would not be able to make the necessary findings to consider a proposed development project that is consistent with applicable provisions of the updated General Plan, but nevertheless inconsistent with applicable provisions of the then existing Development Code that were intended to implement the City’s General Plan. The City could be in the untenable position of denying projects that are otherwise consistent with the updated General Plan and further the City’s planning and development v ision. In addition, this inconsistency could have the unintended consequence of limiting the City’s ability to approve new residential units at a time when the State has declared a housing crisis. As a result, the City Council found that there is an immediate need to establish interim Development Code regulations for pending and future development projects that are consistent with the 2020 PlanRC General Plan in order to protect the public health, safety, and welfare while it studies permanent Development Code regulations for consistency with and implementation of the 2020 PlanRC General Plan. The Interim Development Code will codify the community’s vision as established in the 2020 PlanRC General Plan process, increase certainty in the development review process, and facilitate implementation of key 2020 PlanRC General Plan concepts related to land use and urban design, including the implementation of a Form-Based Code and the adoption of objective desi gn standards for multi -family residential and mixed- use development projects.
E. On May 4, 2022, pursuant to Government Code Section 65858, the City Council enacted Interim Urgency Ordinance No. 998, which adopted, as an urgency measure, an interim ordinance that prohibit ed any uses and development inconsistent with the adopted Interim Development Code regulations and Interim Official City Zoning Map, which regulations and map are consistent with, and implement, the recently adopted 2020 PlanRC General Plan, as the City Council further consider s and studies the City’s zoning regulations and classifications for consistency with the 2020 PlanRC General Plan. Interim Urgency Ordinance No. 998 and the Interim Development Code and Interim Official Zoning Map have an initial term of 45-days and are scheduled to expire on June 19, 2022.
F. The City is currently in the process of adopting permanent Development Code regulations and a permanent official Zoning Map for consistency with the implementation of the 2020 PlanRC G eneral Plan. On April 27, 2022, the Planning Commission considered proposed permanent Development Code regulations and an updated official City Zoning Map during a public hearing, and adopted Resolution No. 22- 14 recommending that the City Council adopt the proposed Development Code and Zoning Map amendments. On May 18, 2022, the City Council adopted resolution number 2022-055 and introduced Ordinance Nos. 1000, 1001 and 1002, which, if adopted, would
adopt permanent Development Code regulations and an updated official City Zoning Map consistent with the implementation of the 2020 PlanRC General Plan. The City Council intends to conduct second reading and adopt Ordinance Nos. 1000, 1001 and 1002 on June 1, 2022. Given t hat Ordinance Nos.1000, 1001 and 1002, once adopted, will not take effect until July 1, 2022, there will be an 12 day period between the expiration of Ordinances No. 998 (June 19, 2022) and the effective date of Ordinance Nos. 1000, 1001 and 1002 (July 1, 2022) during which proposed devel opment projects would be subject to the former Development Code regulations, which, as discussed in Section 1.D. above, are inconsistent with the 2020 PlanRC General Plan.
G. City staff has started conducting, and will continue to conduct, public outreach c oncerning the proposed permanent Development Code regulations and updated official City Zoning Map introduced by the City Council in Ordinance Nos. 1000, 1001, and 1002 on May 18, 2022.
H. The City Council finds that the additional 12-day period provided by extending the expiration of Interim Urgency Ordinance No. 998, the Interim Development Code, and the Interim Official Zoning Map, will prevent the potential impacts on the health, safety, and welfare of residents in the City discussed in Section 1.D. above. Without the extension of Interim Urgency Ordinance No. 998, the City could be in the untenable position of denying projects formally submitted during the 12- day period that are otherwise consistent with the 2020 PlanRC General Plan and further the City’s planning and development vision.
I. Based on the foregoing, the City Council ultimately finds that if the City fails to extend Interim Urgency Ordinance No. 998, the Interim Development Code, and the Interim Official Zoning Map, proposed development projects would be subject to the former Development Code regulations that are inconsistent with the 2020 PlanRC General Plan, thereby impacting processing times for such proposed development projects. Therefore, a current and immediate threat to the public safet y, health and welfare exists.
J. A written report describing the measures taken to alleviate the conditions which led to the adoption of Interim Urgency Ordinance No. 998 was issued by the City Council on May 18, 2022, which was at least ten (10) days prior to the expiration of the Interim Urgency Ordinance No. 998 on June 19, 2022, in compliance with State law.
K. Pursuant to Government Code Sections 65858 and 65090, the City Council conducted a duly noticed public hearing on June 1, 2022, at which time t he City Council considered this Interim Urgency Ordinance to extend Interim Urgency Ordinance No. 998, the Interim Development Code, and the Interim Official Zoning Map through and including June 30, 2022.
L. The City Council has considered the written and or al testimony provided at the public hearing and desires to extend the Interim Development Code and
Interim Official City Zoning Map adopted pursuant to Interim Urgency Ordinance No. 998 through and including June 30, 2022.
SECTION 2. CEQA Finding. The City Council of the City of Rancho Cucamonga hereby makes the following environmental findings and determinations in connection with the adoption of this Interim Urgency Ordinance:
A. On December 15, 2021, the City Council adopted Resolution No. 2021-132 certifying a Final Program Environmental Impact Report prepared for the City’s adoption of the 2020 PlanRC General Plan Update (SCH # 2021050261), a update of the City’s General Plan, and adopted findings pursuant to the California Environmental Quality Act (“CEQA”) (Pub. Resources Code, § 21000 et seq. ) and the State CEQA Guidelines (“Certified FPEIR”).
B. On May 4, 2022, the City Council adopted Interim Urgency Ordinance No. 998, adopting an Addendum to the Certified FPEIR prepared for the Interim Development Code and Interim Official Zoning Map pursuant to CEQA and State CEQA Guidelines Section 15164.
C. The City Council finds, based on the evidence in the record, including the Certified FPEIR and the Addendum, that this Interim Urgency Ordinance is not subject to future environmental review pursuant to the State CEQA Guidelines because : (i) this Interim Urgency Ordinance and the circumstances under which this Interim Urgency Ordinance is undertaken do not involve substantial changes which will result in new significant environmental effects, and that this Interim Urgency Ordinance does not involve new information of substantial importance which shows that Interim Urgency Ordinance will have s ignificant effects not discussed in the Certified FPEIR and the Addendum; and (ii) all potential environmental impacts associated with the 2020 PlanRC General Plan Update and this Interim Urgency Ordinance are adequately addressed by the Certified FPEIR and the Addendum.
D. The custodian of records for the documents and other materials that constitute the record of the proceedings upon which the City Council’s determination is based, including, but are not limited to, the staff reports for the Interim Development Code and Int erim Official Zoning Map, all of the materials that comprise and support the Certified FPEIR and the Addendum and all of the materials that support the staff reports for the Interim Development Code and Interim Official Zoning Map, is the Planning Department of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730.
SECTION 3. Extension of Interim Development Code and Interim Official Zoning Map.
The City Council hereby extends the I nterim Development Code and Interim Official City Zoning Map , first adopted pursuant to Interim Urgency Ordinance No. 998, through and including June 30, 2022.
SECTION 4. Interim Development Code.
Based on the facts and findings set forth in Sections 1 through 3 of this Interim Urgency Ordinance, and notwithstanding any other ordinance or provision of the Rancho Cucamonga Municipal Code, the City Council hereby prohibits any uses or development that are not consistent with the interim Development Code , attached hereto as Exhibit “A,” which amends Title 17 of the Rancho Cucamonga Municipal Code in its entirety as set forth in Exhibit “A.” During the term of this Interim Urgency Ordinance, the City Council hereby declares that the following planned unit developments, specific plans, community plans, and master plans shall not be applied to any uses or development : (1) Etiwanda Highlands Planned Community (EH) 1988; (2) Etiwanda North Specific Plan (NESP) 1992; (3) Etiwanda Specific Plan (ESP) 1985; (4) Terra Vista Community Plan (TCVP) 1983; (5) Town Square Master Plan (TS) 2002; (6) Victoria Arbors Master Plan (VA) 2002; and (7) Victoria Community Plan (VCP) 1981. Further, the City Council hereby prohibits any uses or development that are not consistent with the revised boundaries of the Empire Lakes Specific Plan (ELSP) 1994, as set forth in Exhibit “B,” and which specific plan which will be renamed as “The Resort Specific Plan.” No application for a building permit or any other entitlement authorizing a use or the construction or modification of a structure that is inconsistent with the provisions of this Section 4 shall be approved during the term of this Interim Urgency Ordinance.
SECTION 5. Interim Official Zoning Map.
Based on the facts and findings set forth in Sections 1 through 3 of this Interim Urgency Ordinance, and notwithstanding any other ordinance or provision of the Rancho Cucamonga Municipal Code, the City Council hereby prohibits and uses and development that are inconsistent with the interim Official Zoning Map, as depicted in Exhibit “C” attached hereto, and directs the Planning Director to revise the official City of Rancho Cucamonga Zoning Map consistent with Exhibit “C.” No application for a building permit or any other entitlement authorizing a use or the construction or modification of a structure that is inconsistent with the provisions of this Section 5 shall be approved during the term of this Interim Urgency Ordinance.
SECTION 6. Term of Interim Development Code and Interim Official Zoning Map.
The extension of the Interim Development Code and Interim Official Zoning Map adopted by this Interim Urgency Ordinance shall commence on June 20, 2022, and shall terminate at 11:59 PM on June 30, 2022, unless terminated earlier by the City Council or extended by the City Council at a regularly noticed public hearing pursuant to California Government Code Section 65858.
SECTION 7. Enforcement.
The provisions of this Interim Urgency Ordinance shall be enforceable pursuant to the general enforcement provisions in Title 1 of the Rancho Cucamonga Municipal Code.
SECTION 8. Effective Date; Findings of Urgency; and Duration.
A. This Interim Ordinance is adopted as an urgency ordinance pursuant to the provisions of Government Code Section 65858, 36934 and 36937, and shall take effect immediately upon its adoption. Based upon the findings set forth in Section 1 above, the City Council finds and determines that the adoption of this Interim Ordinance is an urgency ordinance authorized by Government Code Section 65858, and is necessary for the immediate preservation of the public peace, health, and safety.
B. Pursuant to Government Code Section 65858(a), this Interim Ordinance shall be adopted by not less than a four-fifths vote of the City Council.
SECTION 9. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this Interim Urgency Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Interim Urgency Ordinance. The City Council declares that it would have adopted this Interim Urgency Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
SECTION 10. Publication.
The City Clerk shall certify to the passage and adoption of this Interim Urgency Ordinance and shall cause its publication in accordance with applicable law.
PASSED, APPROVED, AND ADOPTED this 1st day of June , 2022, by the following vote to wit:
AYES: ( )
NOES: ( )
ABSENT: ( )
ABSTAIN: ( )
_________________________________
L. Dennis Michael, Mayor
ATTEST:
_________________________________
Janice C. Reynolds, City Clerk
APPROVED AS TO FORM:
_________________________________
Nicholas R. Ghirelli, City Attorney
Exhibit A
Interim Development Code
A full copy of the Interim Development Code is Available online at:
Public Review Draft Development Code (Title 17)
Exhibit B
Revised Specific Plan Boundaries for The Resort Specific Plan
Exhibit C
Interim Official Zoning Map
An electronic copy of the Interim Official Zoning Map available online at:
Public Review Draft Zoning Map (Title 17)
DATE:June 1, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Elisa C. Cox, Assistant City Manager
Linda A. Troyan, MMC, City Clerk Services Director
SUBJECT: Discussion of Options for the City Council District 1 Vacancy. (CITY) RECOMMENDATION:
Discuss and determine whether the City Council would like to proceed with filling the District 1 vacancy by appointment or a special election. Whichever selection the City Council makes, the City Clerk will return at the next City Council meeting with the appropriate resolution along with the other required resolutions for the November 8, 2022 election.
BACKGROUND:
California Government Code Section 36512 governs the actions of a city when there is a vacancy on the city council. Broadly, the Section states that within 60 days of a vacancy, the city council must either: (1) appoint someone to fill the vacancy; or (2) call a special election to fill the vacancy.
The Council seat representing District 1 has been vacant since May 2, 2022. The City Council has until July 1, 2022 to either appoint an eligible individual to serve until the next general election on November 8, 2022, or hold a special election on November 8, 2022 for the eligible voters of District 1 to vote in a new Council Member fill the remainder of the term that expires in November 2024.
Since the City’s incorporation, vacancies have occurred on the City Council a total of nine (9) times. On one occasion a special election was held and on eight (8) occasions, the vacancy was filled by appointment. Most of these vacancies occurred in the second half of the member’s term.
ANALYSIS:
In accordance with Rancho Cucamonga Municipal Code § 2.11.030, Election of Members of the City Council by District and California Government Code §34882, the City Council Member elected to represent a district must reside in that district (District 1) and be a registered voter in that district.
Option 1 – Fill Vacancy by Appointment until certification of November Election Results The City Council may decide to fill the vacancy by appointment. The person appointed must be a registered voter residing in District 1 at the time of appointment. The City Council may choose to make a direct appointment or establish a process to solicit input from those interested in filling the vacant seat which could include an application, nominations and/or interview process. There is no legal requirement to create a process to solicit interested persons for the appointment.
1 3
0 7
In accordance with Government Code §36512(b)(2) and since the vacancy occurred during the first half of Council Member Spagnolo’s term and more than 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until a District 1 representative is elected at the November 8, 2022 election. The person elected shall then hold office for the balance of the remaining term ending with the November 2024 election.
Option 2 – No Appointment and Fill Vacancy through a Special Election on November 8, 2022 If the Council chooses not to appoint, it must call a special election to be held on the next regularly established election not less than 114 from the call of the special election. The next regularly established election date is November 8, 2022. With this option, the City Council would need to adopt a resolution calling the special election (Elections Code Section 12001) within 60 days of the vacancy, by July 1, 2022.
The District 1 seat would remain vacant until a successor is elected on November 8, 2022, and the election results are certified. That person shall then hold office for the balance of the remaining term which ends with the November 2024 election.
All candidates must be registered City of Rancho Cucamonga, District 1 voters at the time they pull nomination papers to run in the special election.
FISCAL IMPACT:
The estimated cost of an election for the District 1 vacancy is $30,000-40,000 and would be incurred with either selection.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
The decision on how to fill the vacancy on the City Council fulfills the Council’s mission to “ensure and advance the quality of life for the community through inclusive decision making” by ensuring all residents are represented on the Council through representative democracy.
ATTACHMENTS:
None.
DATE:June 1, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Linda A. Troyan, MMC, City Clerk Services Director SUBJECT: Review and Possible Action on City Council Appointments to Standing Subcommittees and Other Regional Agencies due to District 1 Vacancy, including the Community Services Subcommittee, Technology & Communications Subcommittee, Community Parks and Landscape Citizen’s Oversight Committee, and Omnitrans. (CITY)
RECOMMENDATION:
Due to the City Council Member vacancy in District 1, Council may want to revisit the attached list of appointments to committees and other governmental agencies and update as necessary.
BACKGROUND:
On a regular basis, the City Council reviews the list of appointments to various standing committees and other governmental agencies, and updates the list when needed. Pursuant to prior City Council action, there is an automatic designation of the Mayor, Mayor Pro Tem or remaining Council Members as automatic alternates to any Committee or Subcommittee when one or more of the appointees are unable to attend. This ensures that the Committee or Subcommittee can continue to hold a scheduled public meeting without interruption.
Attached is a list of the committees and the current appointment(s).
ANALYSIS:
Due to the recent vacancy in City Council Member District 1, Council may wish to review the list of current committees and other governmental agency appointments and update the list as necessary. Upon receipt of an updated list, City Staff will notify any outside agencies that might be affected.
FISCAL IMPACT:
None.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
Continue to work together and cooperatively with staff and all stakeholders to help ensure and advance the quality of life for the community.
ATTACHMENTS:
Attachment 1 – Appointments Listing
ATTACHMENT 1
1 City of Rancho Cucamonga
City Council Subcommittees and Appointments to Local and Regional Agency Boards and Affiliations
as of December 2020
(Adopted 12/16/2020)
CITY COUNCIL STANDING SUBCOMMITTEES
The Council has the following subcommittees on which two Council Members serve to consider assigned areas of City programs/functions, provide feedback to staff, and make recommendations to the full City Council on related policy matters and Commission/Foundation appointments.
These committees meet on an as-needed basis throughout the year.
Community Services Subcommittee
Area of Responsibility: Park and Recreation matters, Quake Stadium usage, construction of park and recreation facilities, and programs.
Committee members:Kristine Scott and Sam Spagnolo
Community Development/Historic Preservation Subcommittee Area of Responsibility: Planning/Historic Preservation Commission appointments.
Committee members:L. Dennis Michael and Lynne Kennedy
Library Subcommittee
Area of Responsibility: Library programs and services as well as Library Board of Trustees appointments.
Committee members:Kristine Scott and Lynne Kennedy
Public Works Subcommittee
Area of Responsibility: Transportation, traffic, parking, capital improvements, and public works projects.
Committee members:Ryan Hutchison and Lynne Kennedy
Economic Development Marketing Subcommittee
Area of Responsibility: Marketing of the City.
Committee members:Lynne Kennedy and Ryan Hutchison
Technology & Communications Subcommittee
Area of Responsibility: Technology and methods of communication.
Committee members:Lynne Kennedy and Sam Spagnolo
Community Parks and Landscape Citizen’s Oversight Committee
Area of Responsibility: Conduct interviews and recommends appointments to the City Council.
Committee members:Sam Spagnolo and Kristine Scott
*Per Resolution No. 19-075, the City Council dissolved the West-Side Oversight Committee and the Planned Oversight Committee and formed the Community Parks and Landscape Citizen’s Oversight Committee. The Committee has oversight of LMD’s 1, 2, 4-R, 6-R, and 7, SLD 2, PD-
85.
APPOINTMENTS TO COMMUNITY ORGANIZATIONS AND REGIONAL AGENCIES These appointments involve Council Members representing the City to community organizations and regional agencies. Some organizations ask for the designation of a Delegate and an Alternate.
City Selection Committee
Area of Responsibility: The City Selection Committee is a committee, established by California Government Code 50275, which meets in even years to appoint Mayors and Council members to represent the city perspective on regional organizations, such as San Bernardino County Local Agency Formation Commission (LAFCO) and the CAL-ID Remote Access Network Board.
The City Selection Committee consists of the Mayor of each City in the County. In San Bernardino County, the City Selection Committee meets every two years or more frequently if required to make a selection for one of the organizations.
Required Delegate:L. Dennis Michael (Mayor)
ConFire Board of Directors
Area of Responsibility: Provide the items necessary and appropriate for a joint centralized public safety communications system and a cooperative program of fire- related functions (i.e. grants, emergency operations command) for the mutual benefit of the members.
Delegate: Lynne Kennedy Alternate:Kristine Scott
Omnitrans
Area of Responsibility: Omnitrans is a Joint Powers Agency that coordinates the public transit services of the County of San Bernardino and its 15 member cities.
A 20 member Board of Directors governs Omnitrans, which includes the five County Board of Supervisors and representatives from the member cities. There are no specific terms to serve on the Board; it is at the discretion of each City as to who represents the City on the Omnitrans Board of Directors as Delegate and Alternate.
Delegate:Sam Spagnolo Alternate:Lynne Kennedy
Rancho Cucamonga Chamber of Commerce
Area of Responsibility: Provides liaison between the Rancho Cucamonga Chamber of Commerce and the City of Rancho Cucamonga in coordinating projects and items of mutual interest.
Delegate:L. Dennis Michael Alternate: Lynne Kennedy
San Bernardino County Transportation Authority/San Bernardino Council of Governments (SBCOG)
Area of Responsibility: Serving more than 2.1 million residents of San Bernardino County, the SBCTA is responsible for cooperative regional planning and furthering an efficient multi-modal transportation system countywide.
The purpose of San Bernardino Council of Governments (SBCOG) is to speak with a collective voice on important issues that affect its member agencies. Representatives from 24 cities and the San Bernardino County Board of Supervisors have a seat on the SBCOG (SANBAG) Board of Directors.
Delegate:L. Dennis MichaelAlternate:Lynne Kennedy
Solid Waste Advisory Task Force
Area of Responsibility: Carry out the responsibilities mandated by the State of California through AB 939. SWAT may also consider and make recommendations to the County on such other solid waste related matters as they may deem appropriate.
Delegate: Ryan HutchisonAlternate:Linda Ceballos (staff) Maloof Foundation
Area of Responsibility: The mission of the Sam and Alfreda Maloof Foundation for Arts and Crafts, a not-for-profit public benefit corporation, is to perpetuate excellence in craftmanship, encourage artists and make available to the public the treasure house the Maloofs lovingly created.
Board Member: Kristine Scott Alternate: John Gillison (City Mgr)