Loading...
HomeMy WebLinkAbout2024-003 - Resolution RESOLUTION NO. 2024-003 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING INTENTION TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2018-01 OF THE CITY OF RANCHO CUCAMONGA AND ADOPTING A MAP OF THE AREA PROPOSED TO BE ANNEXED THERETO (ANNEXATION NO. 1) WHEREAS, the City Council (the "City Council") of the City of Rancho Cucamonga (the "City") has established The Resort at Empire Lakes Community Facilities District No. 2018-01 of the City of Rancho Cucamonga (the"District")for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and WHEREAS, the territory which is included in the District is described on the map of the District recorded on November 20, 2018, in Book 88 of Assessment and Maps, at Page 6, and as File No. 2018-0434189, in the office of the County of San Bernardino Recorder; and WHEREAS, the City Council has received a written petition from Empire Lakes Holding Company, LLC, a Delaware limited liability company, the owner of certain real property within the City requesting that such property be annexed to the District in order that they may be developed and receive the benefit of services, which will be financed by the annual levy of special taxes on said property for the purpose set forth in Exhibit "A" (the "Services"); and agreeing to the annual levy of special taxes on said property sufficient to pay the costs of such Services and costs incidental thereto; and WHEREAS,the City Council is authorized by Article 3.5(commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982," (the "Act") to annex territory to the District by complying with the procedures set forth in said Article 3.5. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga, California, hereby: SECTION 1. Recitals. The above recitals are true and correct and are hereby incorporated into this resolution. SECTION 2. Name of District. The name of the existing The Resort at Empire Lakes Community Facilities District No. 2018-01 of the City of Rancho Cucamonga. SECTION 3. Intention. The City Council declares its intention to conduct proceedings pursuant to said Article 3.5 for the annexation to the District of the territory described in Exhibit "B" attached hereto. The City Council determines that the public convenience and necessity require that such territory be annexed to the District. SECTION 4. Description of Territory Proposed To Be Annexed; Annexation Map. The territory proposed to be annexed to the District is described in Exhibit "B" attached hereto Resolution No. 2024-003— Page 1 of 6 and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 1, The Resort at Empire Lakes Community Facilities District No. 2018-01 of the City of Rancho Cucamonga" which is on file with the City Clerk (the "Annexation Map"). SECTION 5. Types of Services; Incidental Expenses. Services authorized to be financed by the District are set forth in Exhibit"A." The District shall also finance costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out the authorized purposes of the District. SECTION 6. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of the Services provided for in Section 3 above and the annual administrative expenses of the City and the District in determining, apportioning, levying and collecting such special taxes, shall be annually levied within the District. Pursuant to Section 53340 of the California Government Code,the special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. However, under no circumstances shall the special tax levied against any parcel subject to the levy of the special tax pursuant to the rates and method of apportionment be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the District by more than ten percent(10%). The rate and method of apportionment of said special taxes shall be as set forth in Exhibit"C"attached hereto and by this reference made a part hereof. SECTION 7. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to be annexed to the District. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation Map in his or her office and shall file a copy of the Annexation Map with the County Recorder of the County of Los Angeles no later than 15 days prior to the date of the hearing specified in Section 10 hereof. SECTION 8. Exempt Properties. Pursuant to Section 53340 of the California Government Code, properties of entities of the state, federal, and local governments shall be exempt from the levy of special taxes of the District. SECTION 9. Necessity. The City Council finds that the Services described in Section 3 hereof are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of the proposed annexation of territory to the District. SECTION 10. Hearinq on Annexation of Territory. A public hearing on the annexation of territory into the District shall be held at 7:00 p.m. on March 20, 2024, or as soon thereafter as the City Council may consider the matter, in the regular meeting place of the City Council being 10500 Civic Center Drive, Rancho Cucamonga, California. SECTION 11. Notice. The City Clerk shall publish a notice of the time and place of said hearing as required by Section 53322 of the California Government Code, and shall also give notice of the time and place of said hearing by first-class mail to each registered voter and to each landowner within the proposed community facilities district as prescribed by Section 53322.4 of said Code. Said notice shall be published at least seven (7) days and mailed at least fifteen (15) Resolution No. 2024-003— Page 2 of 6 days before the date of the hearing, and shall contain the information required by said Section 53322. SECTION 12. Report. The officers of the City who are responsible for providing the Services to be financed by the District, including the territory proposed to be financed, if it is approved, are hereby directed, pursuant to the requirements of Section 53321.5 of the California Government Code to study the proposed annexation and, at or before the time of said hearing, file or cause to be filed a report with the City Council containing a brief description of the Services by type and an estimate of the cost of providing those Services and the incidental expenses to be incurred in connection therewith.All such reports shall be made a part of the record of the hearing to be held pursuant to Section 10 hereof. SECTION 13. Description of Votinq Procedures. The voting procedures to be followed in conducting the election on the proposition with respect to the levy of special taxes within the territory proposed to be annexed to the District shall be as follows: (a) If at the time of the close of the public or protest hearing (hereinafter referred to as the "protest hearing") at least 12 persons are registered to vote within the territory proposed to be annexed to the District, the election shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the California Government Code ("Section 53326") and pursuant to the applicable provisions of law regulating elections of the City, insofar as they may be applicable, and pursuant to Section 53326 the ballots for the election shall be distributed to the qualified electors of the territory proposed to be annexed to the District by mail with return postage prepaid and the election shall be conducted as a mail ballot election. (b) If at the time of the close of the protest hearing, and for at least the preceding 90 days, less than 12 persons have been registered to vote within the territory proposed to be annexed to the District, and pursuant to Section 53326, the vote is therefore to be by the landowners of that territory, with each landowner of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns, the election shall be conducted by the City Clerk as follows: (1) The election shall be held on the earliest date following the conclusion of the protest hearing upon which it can be held pursuant to Section 53326 which may be selected by the City Council, or such earlier date as the owners of land within the territory proposed to be annexed to the District and the City Clerk agree and concur is acceptable. (2) Pursuant to Section 53326, the election may be held earlier than 90 days following the close of the protest hearing if the qualified electors of the territory proposed to be annexed to the District waive the time limits for conducting the election set forth in Section 53326 by unanimous written consent and the City Clerk concurs in such earlier election date as shall be consented to by the qualified electors. (3) Pursuant to Section 53326, ballots for the election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid or by personal service. Resolution No. 2024-003— Page 3 of 6 (4) Pursuant to applicable provisions of law regulating elections of the City, which govern the conduct of mail ballot elections, and Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolution calling the election, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a statement pursuant to Section 9401 of the said Code, an impartial analysis by the City Attorney pursuant to Section 9280 of the said Code with respect to the ballot proposition contained in the official ballot, ballot arguments and rebuttals, if any, pursuant to Sections 9281 to 9287, inclusive, of said Code, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this resolution; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners of the territory proposed to be annexed to the District and shall be so stated in the resolution adopted by the City Council calling the election. (5) 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 proposition set forth in the official ballot as marked thereon in the voting square opposite such proposition, and further certifying as to the acreage of the landowner-voter's land ownership within the territory proposed to be annexed to the District. (6) The return identification envelope 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. (7) The information-to-voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 7:30 o'clock p.m. on the date of the election. Resolution No. 2024-003— Page 4 of 6 (8) 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 election, and shall file a statement with the City Council at its next regular meeting regarding the results of such canvass and the election. The procedures set forth in this section for conducting the election may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council. SECTION 14. Certification. The City Clerk shall certify the passage and adoption of this resolution. Resolution No. 2024-003— Page 5 of 6 PASSED, APPROVED, and ADOPTED this 61h day of February, 2024. . 4 1 L. Dennis Michael, M or ATTEST: e. d� J ce C. Reynolds, ity Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at an Adjourned Regular Meeting of said Council held on the 6' day of February, 2024. AYES: Hutchison, Kennedy, Michael, Scott, Stickler NOES: None ABSENT: None ABSTAINED: None Executed this 7th day of February, 2024, at Rancho Cucamonga, California. nice C. Reynolds, tity Clerk Resolution No. 2024-003— Page 6 of 6 EXHIBIT A DESCRIPTION OF SERVICES The types of services (the "Services") proposed to be provided for and financed by the proposed Annexation No. 1 to The Resort at Empire lakes Community Facilities District No. 2018- 01 of the City of Rancho Cucamonga (the "Community Facilities District') are: (a) (i) the maintenance of streets, public trails and trailhead improvements, landscaped areas, parkways, medians, and parks and recreation improvements and public right- of-ways, including, but not limited to, street trees, fencing, irrigation systems, sidewalks, drainage systems, signs, monuments, graffiti removal, replacement, repair or rehabilitation of playground equipment, sports fields, parking lots, restrooms, sport field lighting, street lighting, traffic signals and appurtenant facilities and other improvements placed in parks, trails medians, landscaped areas, or public right-of- ways, furnishing of water, electric current or energy, gas, or other illuminating agent for the operation of any improvement within the City of Rancho Cucamonga, (ii) the equipping, furnishing and maintenance of public safety improvements; (iii) the furnishing of any service authorized under the Act, as may be amended from time to time, (iv) the furnishing of electric current, materials, contracted services, and the necessary maintenance, replacement, and repair required to keep such improvements in operational and satisfactory condition; and (v) the establishment of a reserve fund for the replacement of any such improvements; and (b) the incidental expenses which will be incurred, including but not limited to: (i) all costs associated with the formation of the proposed Community Facilities District, the determination of the amount of and collection of special taxes, the payment of special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District, and (ii)any other expenses incidental to the provision of the Services. A-1 EXHIBIT B LEGAL DESCRIPTION OF PROPERTY The Property that is subject to this petition is identified as San Bernardino County, Assessor's Parcel Number: 0209-272-20-0-000. B-1 . PROPOSED BOUNDARIES OF ANNEXATION N0:1 TO THE RESORT AT EMPIRE LAKES COMMUNITY FACILITIES DISTRICT NO.2018-01 OF THE CITY OF RANCHO CUCAMONGA CRY OF RANCHO CUCAMONGA COUNTY OF SAIT13EMIAROU70 STATE OF CALIFOMA , " { �mfssf _ ,_�—� 'Fu3>,nrto*nx erne nrrousKcrni aircr rv..�»o:uruucrrTi_Dar o--� " 020DZ,7-20 MOD j �! �' i i�¢>ae¢cmm nuiiie vn.�w wv��rnvr ras,fer�mn>ra=.r o;Av��eow w3.,mra ' lt ncsar�m�ussw^�rxrrncu�rc acmci.n:vrx+cf-n¢cfreor�wincuravar., \\\\��' � � rRvorrApCUU,vYafr..,[aRiYar Du sn4mCaq¢Haar�wu A:svncDsrn¢ yy! [1n'4C3,OLOrnD: RA�C]IOCUU.Y[MLAAiA D.1LM�D:CLMDTefLp[L,L1LOYl.¢�Du .� `f 6r_�.T .6YEI��GOfUILNIN. . . .. ��� 1 r GIN®'JIAIII)DaRM£�?tlatCiSaIIDPKAIC. . /) r�NCDN6LpDDCeMDtiN11p11fi D L.y ��� C!5'S;Wl1pfL m '' � LAVL:pWRDI�OCa44^Y � � � rap ig11T31AICp'T�'.nC1AAODLtf1.L�6KLS�'.M1CS1�,P,VCFGCC614LCT➢IICWH i avv C33 � F r L I iQ�I RS A 13 'T 7T Fxf Fr/ .". _ Oi?D fOfl3�aYEern GR7mu VFYS DFmf EXHIBIT C RATE AND METHOD OF APPORTIONMENT FOR THE RESORT AT EMPIRE LAKES COMMUNITY FACILITIES IDISTRICT NO.2018.01 OF THE CITY OF RANCH6CUCAMONGA A Special Tax shall be levied and collected within The Resort at Empire Lakes Commnur ity Facilities District No.201&-01("CFD of.the City of Rancho Cucamonga each Fiscal Year commencing with Fiscal Year 2019f20 in an amount determined by the application of the procedures described below.All of the real property(as defined beloiv)in CFD 201&01.unless exempted by paw or by the provisions hereof,shall be taxed for the purposes of,to the extent,and in the manner herein prcWjded. A. DEFINITIONS The terms heneinafter set forth have the followiing meaning: "Accessary Unit"means a secondary residential unit.of limited size(e.g.,graamy cottage,second unit)that shares an Assessors Parcel with a Residential Dwelling Unit of Residential Property. "Acreage"or"Acre"means the(land area of an Assessors Parcel as shown on an Assessor's Parcel Map or in the Assessor's Data for each Assessors Parcel.In the event the Assessor's Parcel Map or Assessor's Data shoals no acreage,the Acreage for any Assessor's parcel shall be determined by the CFD Administrator based upon the applirable final map,parcel map,condominium plan,or other recorded County parcel map or,calculated using available spatial data and geographic information systems(GIS). The square footage of an Assessor's Parcel.is equal to the Acreage of such parcel multiplied by 43,560. "'Act" means the Mello-Roos Community Facilities Act of 1982, as amended,daeing Chapter 2.5, Division 2 of Title S of the Government Code of the State of California. "Administrative Expenses"means the actual or reasonably estimated costs directly related to the administration of CFD 201M3 including,but not limited to,the following:.the:costs of computing the Special Taxes and preparing the annual Specialgaxcollection schedules(whether by the City,the CFD Administrator,or both),the costs of collecting the Special Taxes(whether by the County,the City,ar otherwise);the costs to the City.CFD 2018-01,or any designee thereof in complying with disclosure requirements;the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes,and the costs of the City,CFD 2018-01,or any designee thereof related to any'appeal of the levy or application of the Special Tax. Administrative Expenses shall also include amounts estimated at advanced:by the City of Empire Lakes CFO 2018-01 for any other administrative purposes,including,but not limited to,atiorney's. fees,proposed formation of CIF®2018-01,or any other expenses incidenta9 to the provision of the Services "Assessors Data"means Acreage oT other Assessor's Parcel information contained in the records of the Assessor of.the County_ City of Rancho Cucamonga The Resort at Empire Lakes Community Facilities District No.201$-DT Page 1 C-1 "Assessor's Parcel".means a lot or parcel sinmvn on an Assessors Parcel Map with-an assigried Assessor`s Parcel number. "Assessor's Parcel Map"means an official rnap of the assessor of the County designating parcels by an Assessor's Ward noumber_ "Authosixed Services"means the public services authorized to the financed,in whole or in.part,,by CFITD 201g-D1 vih ch are generally describEd as follDvis: (a) Q i)the maintenance®f'streets,public trails and traifhead improvements,landscaped areas; . parkways,mediansan d.parks and recreation improvements and publicrnght-of-ways,ianclaudieng,,but .not Hmited to, street gees, fencing; irrugptnon, systems, sidewalIks, drainage systems, signs, monuments;graffiti removal;replacement,repair or rehabilitation of playground equiprment,sports fields, parking lots, restroom5, sport field.Vighting,street lighting.,.traffic signals and appurtenant facifaties and other'improvements placed m parks,trails medians,bandscaped areas,or public ryght- of-wayas, furnishing of water, etectrrr current or energy, gas., or other illuminating agent for the operation of.any improvement%Wthino the City; [ii)the equipping,furnishing;and maintenance of public safety improvements;(Bel the furnishing of any, service authorized under the Ad,as may be amended from time to time;Suva the furnishing of electric current.;materials,contracted services, and the necessary maintenance,replacement,and repair required to keep such improvements in operational and sapisffactary condMon, and Jv) the estabfishmerit of a reserve fund for the replacement of any southimprovements;and dhf the incidental expenses which will the incurred,including but not limited to: (i) all costs associated with tine forimaition of the proposed communityfaciFities district,the determination of the amount of and collection of special taxes,, he payment of special taixesr aand costs otherwise incurred in order to carry out the authorized purposes of the community facilities district;and(H)any other expenses incidental to.the provasidn of the services. "CFD AdmioiMrator°t,weans an offfucial of the City,or designee thereof,responsible for determining the 5peciail Tax Requirement and proWdiing for the levy and Collection of tine Special Taxes. "City"means the City of Rancho Cucamonga_ . 'City Council'means the City CouncN of the City of Rancho Cucamonga,acting as the legislature body of CFD 201"1. "CourW means the County of.Sari Bernardino_ . .. ... "Developed Property"means for each Fikid Year,all Taxable Prdperty;:ffor which a building permit was issued.prior to the March Sst preceding the'Fiscal year far which the Special Tax is being le-vied. "CFD 2029-011",Weans.The Resort at Empire takes CDrrim unityv Facilities.Distract No.2418-01 of the City of RanchD Cucamonga. City of Rancho Cucamonga The resort at Empire[tikes Comm unity'Fa®Mde9 District No..29IM11'' Page 2 C-2 "Equivalent Benefit Unit"or"EB W means the units assigned to all Assessor's Parcels of Developed Property based.on the classification for their parcel and Acreage pursuant to Section B of this Rate and Method of Apportionment. "Exempt Property"means all Assessor's Parcels that are exempt from the Special Tax pursuant to Section E. "Fiscal Year"means the period starting lily 1 and ending on the following tune 30. "Homeowner Assoc➢ation PrdperW means any property%vithin the boundaries of CFD 201"1 which is owned by a homeowners'or property owners'association, including any master or,sub- association as of January 1 of the prior Fiscal Year. #,maximum Annual Spmlat Tait"means the modmum Special Tax,determined in accordance with the provisions of Section C below,which may be leveed in any Fiscal Year on any Assessor's Parcel of Taxable Property. "Mixed Use Property"means all Assessor's Parcels that have been classified by the Citgto allow both Residential Property and Non-Residential Property uses on each such Assessor's Parcel.. For an Assessor's Parcel of M ixed Use Property,each Land Use Class thereon is subject to taxation pursuant to the provisions of Sections a and C regardless of the geographic orientation of such Land Use Classes on such Assessor`s Parcel. "Non-Residential Property" means all Assessor's Parcels of Developed Property within the boundaries of CFD 2018-01 for which a building permiit(sl has been issued for a non-residential structure(s). "Proportionately"means forTaxable Property that the.ratio of the Special Tax levy to,the Maximum Annual Special Tax is equal for.ad Assessor's Parcels within each classification(Residential Property, Non-Residential Property,and Undevelpped;Property)within CFO 2018-01. "Public Property"meansany.praperty.which(al is owned bya public agency,(b(has been irrevocably offered for dedication to a public agency„or(c)is designated with specific boundaries and acreage on a final subdivision map as properttyt Which will he owned by a public agency.For purposes of this definition,a public agency includes the Federal government,the State of California,the County,the City,or any other public agency "Residential DwAling Unit"means any uesEdential dwelfing unit constructed or to be constructed for habitable➢ruing purposes located on an Assessoe s Parcel as Indicated in the records of the County Assessma,or,if not indicated,as otherwise determined by the.CFD Administrator based on available official Enformation,including building permit(s)issued.An Accessory Unit that shares an Assessor's Parcel with a Residential Dwe[]Eng Unit of Residential Property shall not be considered a separate Residential Dwelling Unit for purposes of calculating the Special Tail. . City of Rancho Cucamonga. The Resort et Empire Lakes Community Fadl%es District No--20 9-DI Page 3 C-3 "Residential PibpeTW means all RAssem&s.Parcels of Developed Property within the boundaries of CFD 2@1&DI for which a building parmit(s)has been issued for purposes of constructing one air more Residential Dwelling Units. "Spetiid Tax"means the special tax to be lewfed in each Fiscal year an each Assessor's Parcel of Taxable Property to fund the Special Tax fRequirernent: "Special Tax:Requiremene means that'amount of Special Tax revenue required in any Fiscal Year far CFD 2918-01 to:(i)pay for the Authorized Services;CH)pay Administrative Expenses;(iii)pay any amounts required to establish ci:replenish any repair and:cgntingency funds,capital improvement funds,or reserve funds far CFO 201,8.01;and(iv)pay fax reasonably anticipated delinquent Special Taxes based on the.delinquency rate for 5peeial Taxes levied in the preuaous F-e;ral Year;less(vg a credit for funds available to,reduce the annual Special Tax levy, as determined by the CFD Adniieuistrator. "State"means the State of Cahfornia. 'Taxable property"means all•of the Assessor's Parcels within the boundaries of CFI)2018-01 that are not exempt from the Special Tax pursuant to late or Section E bdow- 'Undeveloped Property"means each,Assessor's Parcel of Taxable Property within the boundaries of CFD Z01&la1 that is not classified)as Developed Property. B. ASSIGNMENT TO LAND USE C ATEGOR1ES AND FBUS On,or around,July 1 of each Fiscal Near,the CFO Administrator shall determine the valid Assessor's Parcel numhersforthe.current Fiscal Year forall property within CFD 2018 d 1.Each Assessor's Parcel of Taxable Property within CFD 201M1 shad be classified as Residential Property,.Non-Residential Pro.perry,Mixed Use Property,or Undeveloped PrDperty,acid shall be subject to the levy of annual Special Taxes determined pursuant to Section C belowr. City of Rancho Cucamonga The Resort at Empire Lakes Community Fari ties District No.2-018.-0I Page 4 C-4 For each Assessor's Parcel of Developed Piapert f EBLJs shall be assigned according to the table byelaw: Property Larstly Use Equivalent Benefit unit Assignment Residential Property 1 EBU Per Residential Dwelling chit Nunn-l$esEdential Property 1 Acre 2'EBLJ's Per Faecal or less Nan-Residential Property greater than 1 Acre 2 EBUs per Acre or partEan thereof The EBU assignment for each Assessor's Parcel of Mixed Use Prapertyr is equal the total.o_f dib the Assigned Special Tax that would be applicable to such Assessor's Parcel if -Mixed Use Property it was dlassified only+as.Residential Property and(H)the Assigned Special Tax that would be applicable to such Assessor's Parcel if it was classified as Non-Residential Property. C: MAXIMUM ANNUAL SPECIAL TAIL The Maxaunum Annual Special Tax for each Assessor's Parcel that may be levied in any Fiscal Year is shown belo - Development stools 2019/20 Special Tax Developed Property $318_94 per EBU Undeveloped Praperty $5,234.20 pet Acre On July 1 of each Fiscal Year,commencing an July 1,20.200 the dollar amount per EBU for Developed Property and the dollar amount per acre of Undeveloped Property shall be increased by a minimum Of two percent 12%)to a maxiunUM of six percent�696h,determined an an annual basis as needed to satisfy the Special Tax Requirement. D. METH60 OF APP01MOAIMENT OF THE SPECIAL TAIL Commencing with.Fiscal Year 2019/20,a,nd for each subsequent Fiscal Year,the CFD Administrator shall determine the Special Taut Requirement and shall levy the Special Tax on each Anssessoes Parcel of Taxable Property !until the amount of Special Taxes equals the,Special Tax Requirement-The Special Taxes shall be levied each Fiscal tepr as follotivs: First:D..eterm ine the Special Tax-Requirement. City of Randho Cucamonga The Resort at Empire Lakes Community Faeilities Distract Igo-201g-01 Page S C-5 Second: The Special Tax shall be leaded Proportionately on each Assessor's Parcel of Developed Property at a rate of up to 3UG%of the applicable Maximum Annual Special Tax as needed to satisfy the Special Tax Requirement: Third:If additional.moneys are needed to s0fisk the special Tax Requirement after the second step has been caampleted, the Special Tax shall be levied Proportionately an each Assessor's Parcel of Undeveloped Property at a rate of up to 100%off the applicable Maximum Annual Special Tax to satisfy the Special Tax Requirement. E. EXEMPTIONS The CFD Administrator shall classifil the following Assessor's Parcels as Exempt Property:.(i)Publie Property,(ii)HomeoaMer Association Properttj,and(Oil and Assessor's Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement. if the.use of art.Asses5w's Parcel of Exempt Property changes so that such Assessor's Parcel is no longer classified as one of the uses;set forth above that vioauld make such Assessor's Parcel eligible to be classified as Exempt Property,,such Assessor's Parcel shall cease to be classified as Exempt Property and shall be deemed to he Taxable Property.NgtA!lthstanding'any other provision of this Rate.and Method of Apporti6nment off special Tax, nai. special Taxes shall be leaded an Public Property,except as othenvase provided in Sections 5331-3 and 533175 of the Act. F. REVIEWIAPPEAL 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 three(3:)calendar yeass.after having paid the special'Taxes that are disputed,and the appellant must be-current in all payrtments pf�peejal Taxes.In addition,du ring the term of the appeal process, all Special Taxes lensed must he paid on or before the payment date established when the levy was made_ The appeal must specify the reasons avihyf the appellant claims the Special Taxes are in error.The CFD. Administrator shall revaeiv the appeal,meet with the appellant if the CFD Administrator deems necessary,amd:adadse the appellant of its determination. If the property owner disagrees With the CFD Administrator" decision relative to the appeal,the owner may then.file a written appeal with the City Council whose subsequent decision shall be final and bonding-an all interested parties.If the decision of the CFD Administrator or subsequent decision by the City Council requires the.Special Taxes to be modified or changed in favor`of the property owner, the CFD Administrator shall take any of the follozving actions,:in order of priority,in order to correct the error (i) amend the levy of Special Taxes for the current fiscal year prior to the payment date; . city of Rancho Cucamonga The Resort at Empire Lakes.Commuuunity Faeihtues District No.ZD1•B.-M Page G. C-6 (ii) require CFn 201"1 to reimburse the current property owner the amount of the overpayment to the extent of available funds of CFD No.2019 01,or (Ili) grant a credit against,eliminate or reduce the future Special Taxes levied on the property owner's property%vithin CFD No.MIS 1 in the amount of the overpayment. This.piocedure shall be exclusive and its exhaustion by any property oviner shall be a condition precedent to filing any legal action bysuch owner. G. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT The City reserves the right to make minor admiioistrative and technical changes to this document that do not materially affect the rate and method of apportioning the Special Tax. In addition,the interpretation and applicatuorn of any section of this document shall be at 6g 0ty°s discretion. lnterpretaiions.rnay be made by the City by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment of Special Tax. H. MANNER OF COLLECTION The annual Special Tax shall she collected in the same manner and at the same time as ordinary ad valom ru property taxes,provided,howewer,that the City may directly hill the Special Tax and may collect Special Taxes at a different time or in a different manner as necessary to meet its financial obligations. . 1. PREPAYMENT OF SPECIALTAX The Special Tax may not the prepaid. J. TERM OF SPECIAL TAX The Special Tax shall be levied,commencing in Fis®I Year 201P/2m,as needed to fund the Special Tax Requirement,in perpetuity. City of Rancho Cucamonga The Resort at Empire Lakes Commmunit+j Facilities District No.2028-DT Page 2 C-7 CITY OF RANCHO CUCAMONGA RESORT AT EMPIRE LAKES COMMUNITY FACILITIES DISTRICT NO.2010 AnAclBBIAF91lT 1 MAXIMUM SPECIAL TAX RATES 2023P24 Maximum Development Status Special Tax. Developed Property $307A5 per LBU Undeirelopsd Property 6,3601AG par Acre an July 1 of each Fiscal Year,commending an July 1,24124,tees dollar amount pair EBU for Developed property and Um dollar_amount per acre,of Undeueiaped Property shall be increased by a minimum cf bma percent(2%)to a:maxinfurtu of six percent(G%a),determined on are annual basis as needed to satisfy the Special Tax Requirement C-8