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HomeMy WebLinkAbout2003-11-25 - AGENDA REPORTS - GVRANCH OPEN SPACE MAINT DIST (4)Agenda Item: _ 11 CITYOF SANTA CLARITA AGENDA REPORT PUBLIC HEARING City Manager Approval: Item to be presented by: Barbara Boswell DATE: November 25, 2003 SUBJECT: APPROVAL OF THE FORMATION OF THE CITY OF SANTA CLARITA OPEN SPACE MAINTENANCE DISTRICT (GOLDEN VALLEY RANCH) DEPARTMENT: Administrative Services RECOMMENDED ACTION City Council conduct a public hearing, and adopt a resolution to approve the formation of the City of Santa Clarita Open Space Maintenance District (Golden Valley Ranch). BACKGROUND In January of 2002, the City Council approved the Golden Valley Ranch Development. Approval of this development included the construction of 498 single-family residential units, approximately 610,930 square feet of commercial uses, a turn -key elementary school, a 2.3 net -acre trail head, a 1.6 -acre fire station pad, and the dedication of approximately 920 acres of natural undeveloped open space. In conjunction with the approval of this development, the City, the Owner (PacSun), and the Golden Valley Ranch Task Force entered into a settlement agreement set forth in the Judgment of the Superior Court of the State of California Case No. BC269070, filed July 29, 2002, in which, among other things, in exchange for approval of the residential development, the Owner agreed to set aside open space within the development and be responsible for the ongoing maintenance of such open space, and the City agreed to initiate formation proceedings for a special assessment district for the ongoing maintenance of the open space. As a condition of the approval of the Golden Valley Ranch Development, the formation of an open space maintenance district is required. PacSun, LLC, hereinafter referred to as the "Developer," has agreed to form an open space district to provide funds for the open space 03-15-1 management within the boundaries of the City of Santa Clarita Open Space Maintenance District. The Developer has signed a petition requesting the formation of the open space district. This district will provide for the continued maintenance of open space property within the boundaries of the district after such open space is dedicated and accepted by the City. On November 25, 2003, the City Council considered adoption of resolutions to initiate proceedings for and declare its intent to the formation of the District. At that time, the Developer provided the City with a petition, giving approval to the formation of the open space maintenance district. By signing the petition, the Developer, as sole owner, has waived the time period for holding and noticing the public hearing. Therefore, the public hearing for the formation of the open space maintenance district can be held on the same date as the consent calendar time initiating the formation, and the Developer has submitted an assessment ballot which may be opened by the City Clerk at the close of the public hearing. Provided the Developer has marked the assessment ballot in favor of the District, no majority protest exists, and the resolution of formation can be considered. The resolution forms the Santa Clarita Open Space Maintenance District. The proposed total maximum annual open space maintenance assessment is $54,539, escalating annually, based on the CPI index. Assuming the actual number of residences are built as proposed by the Developer, the 2004-05 assessment for a single-family residential unit is $127.87 and $43.23 for a single-family condominium unit. The formation of the District and levy of the assessment is in compliance with Proposition 218. ALTERNATIVE ACTIONS Other action as determined by the City Council. FISCAL IMPACT The formation of this open space maintenance district will ensure collection of future assessments from the properties located within the boundaries of the Santa Clarita Open Space Maintenance District, which will offset the expenses incurred for the continued maintenance of the open space after the open space is dedicated and accepted by the City. The proposed total maximum annual open space maintenance assessment is $54,539, escalating annually, based on the CPI index. ATTACHMENTS Resolution Engineer's Report available in the City Clerk's Reading File Assessment Ballot held by the City Clerk until close of public hearing NOTICE OF PUBLIC HEARING PROPOSED OPEN SPACE MAINTENANCE DISTRICT (GOLDEN VALLEY RANCH) PUBLIC NOTICE IS HEREBY GIVEN that at 6:00 o'clock p.m. on November 25, 2003, at the regular meeting place of the City Council, City Council Chambers, City of Santa Clarita, 23920 Valencia Boulevard, Santa Clarita, 91355, a public hearing will be held to discuss the proposed formation of an open space maintenance district (the "Proposed District") and the imposition of an assessment lien on certain property referred to as Tentative Tract Map No. 52414 (Golden Valley Ranch). The public hearing and the Proposed District proceedings will be held pursuant to the provisions of the "Landscaping and Lighting Act of 1972," being Part 2 of Division 15 of the California Streets and Highways Code (commencing with Section 22500), Article XIIID of the California Constitution and the Proposition 218 Omnibus Implementation Act (commencing with Section 53750 of the California Government Code). In accordance with the Judgement of the Superior Court of the State of California Case No. BC269070, filed July 29, 2002, the setting aside and on-going maintenance of natural open space areas is a condition of developing the residential portion of Tentative Tract No. 52414 (Golden Valley Ranch). The Proposed District will fund the costs of the maintenance and servicing of the open space conservation area improvements, including trail maintenance, and open space management. At the above -referenced time and place any person interested will be heard upon the formation of the Proposed District, its boundaries and the proposed assessment. A copy of the proposed Engineer's Report is on file in the office of the City Clerk at 23920 Valencia Boulevard, Santa Clarita, 91355. Dated:: October 29, 2003 Sharon L. Dawson, CMC City Clerk Publish Date: November 3, 2003 -1- CERTIFICATE REGARDING PETITION CITY OF SANTA CLARITA OPEN SPACE MAINTENANCE DISTRICT (Golden Valley Ranch) The undersigned City Clerk of the City of Santa Clarita hereby certifies that on November, 2003, the attached Petition was filed in the office of the City Clerk of the City of Santa Clarita. Dated: November 25, 2003 City Clerk of the City of Santa Clarita ¢� Lo PETITION A PETITION TO THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, PETITIONING SAID COUNCIL TO INITIATE PROCEEDINGS FOR THE FORMATION OF THE CITY OF SANTA CLARITA OPEN SPACE MAINTENANCE DISTRICT (GOLDEN VALLEY RANCH) PURSUANT TO THE "LANDSCAPING AND LIGHTING ACT OF 1972" BEING PART 2 OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA WITNESSETH: A. WHEREAS, the petitioner, PacSun, LLC, (hereinafter referred to as the "Developer"), is the sole owner of that certain real property (hereinafter referred to as the "Property") located in the City of Santa Clarita, County of Los Angeles, State of California (hereinafter referred to as the "City"), more particularly described on Exhibit "A" attached hereto. B. WHEREAS, the Property is being developed into approximately 498 single- family residential units, as part of a development which will include approximately 611,000 square feet of commercial uses, a tum -key elementary school, a 2.3 net acre trail head, a 1.6 acre fire station pad and approximately 920 acres of natural undeveloped open space (collectively, the "Development'); and C. WHEREAS, in conjunction with the approval of the Property, the City, the Owner and Golden Valley Ranch Task Force entered into a settlement agreement set forth in the Judgment of the Superior Court of the State of California Case No. BC269070, filed July 29, 2002, in which, among other things, in exchange for approval of the residential development, the Owner agreed to set aside open space within the development (the "Open Space") and be responsible for the on-going maintenance of the Open Space and the City agreed to initiate formation proceedings for a special assessment district for the on-going maintenance of the Open Space; and D. WHEREAS, pursuant to the "Landscaping and Lighting Act of 1972," being Part 2 of Division 15 of the Streets and Highways Code of the State of California (the "Act'), the City may establish An open space maintenance district to provide for the continued maintenance, operation, and servicing of the Open Space, and for the payment of the costs and expenses incurred for such maintenance, operation, and servicing; and E. WHEREAS, the Right to Vote on Taxes Act (hereinafter referred to as the "Law"), which added Articles XIIIC and XIIID to the California Constitution, requires among other things that all new assessments must comply with the Act; and F. WHEREAS, the Law also requires that the City Council conduct a public hearing not less than 45 days after mailing a notice of the proposed assessment to record owners of each parcel which will have a special benefit conferred upon them and upon which an assessment will be imposed; and G. WHEREAS, the California Civil Code, Section 3513, allows anyone to waive the advantage of a law intended solely for their benefit; and H. WHEREAS, the 45 -day period before the conduct of the public hearing is not established for a public reason but is solely for the advantage of the parcels having a special benefit conferred upon them and which an assessment will be imposed; and I. WHEREAS, all of the benefit is a special benefit to the Property and the parcels to be created; and J. WHEREAS, the proposed assessments upon the Property and the parcels to be created will be for the special benefit to be received by the Property; and K. WHEREAS, the Developer is the owner of the real property to be benefited by the proposed district; and L. WHEREAS, the Act and the Law do not prohibit a waiver of the 45 -day noticing period NOW, THEREFORE, in furtherance of the foregoing recitals, the Developer does hereby petition the City as follows: 1. In order to assure the continued maintenance, operation, and servicing of the Open Space and the payment of the cost and expenses incurred for such maintenance, operation, and servicing, the Developer hereby petitions the City to undertake the formation of the City of Santa Clarita Open Space Maintenance District (Golden Valley Ranch) (the "District') and include the Property within the boundaries of the District, pursuant to the Act and the Law. 2. We understand that the present best estimate of the cost of the maintenance of the Open Space, including incidental costs, is $54,539 and the total annual assessment shall be divided among the parcels of the Property in accordance with benefit received. Such assessment may be increased annually by an amount corresponding to the increase in the Consumer Price Index (CPI), all Urban Consumers for the Los Angeles -Anaheim -Riverside area. If the assessment is not increased by a CPI in some years, the amount may be increased in subsequent years by an amount corresponding to the cumulative increases in the CPI. 3. As the owner of all of the real property to be placed into the District, the Developer hereby waive all statutory notices of hearings and rights of majority protests by interested property owners in the proposed formation pursuant to Section 22608 of the Streets and Highways Code. 4. As the owner of all of the Property which receives a special benefit and is the only property proposed to be assessed for the special benefit, the Developer hereby waive all statutory notice periods pursuant to the Law. 5. In consideration of the approval of the formation of the District by the City, the Developer hereby proposes as follows: a. To consent to the formation of the District; b. To consent to and cast a ballot authorizing the levy of assessments against the Property in an amount reasonably determined by the City to cover all costs and expenses incurred for the continued maintenance, operation, and servicing of the Open Space; C. To pay the assessments levied against the Property for the first fiscal year in which they are levied prior to the submittal to the City Council of any associated final subdivision map. 6. We understand that an Engineer's Report has been prepared in connection with the proposed District, which includes, among other things, a description of the proposed maintenance, an estimate of the total cost of the maintenance, including incidental and financing costs, a diagram of the District, and a description of the methodology of spreading the cost of the maintenance against the properties in the District. We understand that the Engineer's Report is on file in the office of the City Clerk, 23920 Valencia Boulevard, Santa Clarita, California 91355, and is open to inspection. 7. We understand that the City Council will conduct a public hearing on the Engineer's Report and the proposed assessments. We understand that the public hearing is scheduled for November 25, 2003 at 6 p.m. in the City Council Chambers at City Hall, 23920 Valencia Boulevard, Santa Clarita, California 91355. 8. We understand that the City Council must abandon the proceedings to form the Assessment District in the event of a majority protest under Article XIIID of the California Constitution. A majority protest exists under Article XIIID if, at the conclusion of the hearing on the District, the ballots submitted (and not withdrawn) in opposition to the proposed assessments exceed the ballots submitted (and not withdrawn) in favor of the assessments, with ballots weighted according to the proportional financial obligation of the affected properties. 9. We understand that in the absence of a majority protest (as defined in paragraph 8, above) the City Council may, following the conclusion of the public hearing on the proposed assessments, confirm the proposed assessments and order the proposed maintenance. We understand that the City Council may make changes to the proposed maintenance and cost estimates; provided, however, this Petition shall not be deemed as consent to any increase in the amount of the total assessment beyond the amounts set forth in the Engineer's Report. THE UNDERSIGNED HEREBY WARRANTS, REPRESENTS AND DECLARES UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA that the undersigned is the owner of the Property. OWNER OF RECORD: PACSUN,LLC Title: t�i�d�� �c��tcVS�sGwae Signature of record owner or au orized representative EXHIBIT A Tentative Tract Map No. 51414, in the City of Santa Clarita, County of Los Angeles, State of California, currently known as Assessor Parcel No(s): 2841-017-032 2848-008-012 2848-008-016 2848-009-028 2848-011-009 City Clerk City of Santa Clarita 23920 Valencia Blvd., Suite 304 Santa Clarita, CA 91355 Owner of Record: PacSun LLC Attn: John Jameson 2 N Lake Avenue, Ste 800 Pasadena, CA 91101 Total Parcels: 5 PROPERTY OWNER ASSESSMENT BALLOT ON PROPOSED ASSESSMENTS CITY OF SANTA CLARITA CITY OF SANTA CLARITA OPEN SPACE MAINTENANCE DISTRICT 103 NOV 2LI P I, 52 (GOLDEN VALLEY RANCH) RECEIVED CITY CLERKS OFFICE Assessor's Parcel Apportioned Parcel No. Acres Max. Asmt 2841-017-032 241.83 $10,819.22 2848-008-012 80.00 $3,579.11 2848-008-016 621.36 $27,798.99 Assessor's Parcel Apportioned Parcel No. Acres Max. Asmt 2848-009-028 120.00 $5,368.67 2848-011-009 155.86 $6,973.01 Total Proposed Maximum Assessment* = $54,539 * The maximum annual maintenance assessment will be increased for cost of living each year according to the change in the Los Angeles Consumer Price Index – Urban (LACPI-U) for the Los Angeles County area. **For information purposes only. Actual maximum rates may vary based on the actual number of residential units developed for the different developable areas. The person completing and submitting this assessment ballot must be the record owner of the property identified above or the representative of the record owner of such property who is legally authorized to complete and submit this ballot for and on behalf of the record owner. Please mark your ballot in ink. Do not use pencil. PROPERTY OWNER ASSESSMENT BALLOT Owner Name: PacSun LLC u Total Maximum Assessment Amount*: $54,539 * to be adjusted annually by the change in Los Angeles Consumer Price Index – Urban (LACPI-U) FRIYes, I am IN FAVOR of the Open Space Maintenance District (Golden Valley Ranch) O [—] No, I am OPPOSED to the Open Space Maintenance District (Golden Valley Ranch) O i hereby declare under penalty of perjury that 1 am the record owner, or the authorized fl% representative of the record owner, of the parcel identified above. Date ,aeP(i'tpc� t. kc _ Signature - �`���G,� ' P0.0 JW1, LVL Maximum* Estimated Projected Est. Projected Res. Assessment Maximum* Planned Max. Asmt Rate per Acres per Res. Acre Assessment Res. Units Residential Unit** 129.89 $383.94 / acre $49,870 390 SFR $127.87 / SFR Unit 12.16 $383.94 / acre $4,669 108 CON $43.23 / CON Unit Assessor's Parcel Apportioned Parcel No. Acres Max. Asmt 2841-017-032 241.83 $10,819.22 2848-008-012 80.00 $3,579.11 2848-008-016 621.36 $27,798.99 Assessor's Parcel Apportioned Parcel No. Acres Max. Asmt 2848-009-028 120.00 $5,368.67 2848-011-009 155.86 $6,973.01 Total Proposed Maximum Assessment* = $54,539 * The maximum annual maintenance assessment will be increased for cost of living each year according to the change in the Los Angeles Consumer Price Index – Urban (LACPI-U) for the Los Angeles County area. **For information purposes only. Actual maximum rates may vary based on the actual number of residential units developed for the different developable areas. The person completing and submitting this assessment ballot must be the record owner of the property identified above or the representative of the record owner of such property who is legally authorized to complete and submit this ballot for and on behalf of the record owner. Please mark your ballot in ink. Do not use pencil. PROPERTY OWNER ASSESSMENT BALLOT Owner Name: PacSun LLC u Total Maximum Assessment Amount*: $54,539 * to be adjusted annually by the change in Los Angeles Consumer Price Index – Urban (LACPI-U) FRIYes, I am IN FAVOR of the Open Space Maintenance District (Golden Valley Ranch) O [—] No, I am OPPOSED to the Open Space Maintenance District (Golden Valley Ranch) O i hereby declare under penalty of perjury that 1 am the record owner, or the authorized fl% representative of the record owner, of the parcel identified above. Date ,aeP(i'tpc� t. kc _ Signature - �`���G,� ' P0.0 JW1, LVL O Bit Y. Ow F , City of Santa Clarita November 25, 2003 Open Space Maintenance District (Golden Valley Ranch) Engineer's Report (Amended), FY 2004.05 Page 1 TABLE OF CONTENTS Certificates.................................................................................................................... 2 Report............................................................................................................................ 3 Part A - Plans and Specifications............................................................................4 PartB - Estimate of Cost......................................................................................... 5 Part C - Method of Apportionment of Assessment.................................................6 PartD - Assessment Roll........................................................................................ 8 Part E - Assessment Diagram..................................................................................9 r I r\santa Ganta\golden valley osmd\reports\osmd amended.doc Harris & Associates 1 City of Santa Clarita November 25, 2003 Open Space Maintenance District (Golden Valley Ranch) Engineer's Report (Amended), FY 2004-05 Page 2 1 CITY OF SANTA CLARITA OPEN SPACE MAINTENANCE DISTRICT (GOLDEN VALLEY RANCH) ENGINEER'S REPORT (Amended) CERTIFICATES The undersigned acting on behalf of Harris & Associates, respectfully submits the enclosed Engineer's Report as directed by City Council pursuant to the provisions of Section 4 of Article XIIID of the California Constitution, and provisions of the Landscaping and Lighting Act of 1972, Section 22500 et seq. of the California Streets and Highways Code. The undersigned certifies that 1 she is a Professional Engineer, registered in the State of California. E.+'�\\ Dated: November 5, 2003 Uoan E. Cox R.C.E. No. 41965 i 1 HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram thereto attached, was filed with me on the 2S! day of 004 0� 6M , 2003. ///i CO�jy% Sharon L. Dawson, City Clerk VAPpORar `_ City of Santa Clarita F ° Los Angeles County, California `c Z DEC. 15, o 1987By y %�O cgUFORN`P Qj2a`p� "�iy�aaiannuluunPll I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram thereto attached, was approved and confirmed by the City Council of the City of Santa Clarita, California, on the c2Sday of /4oderll6 e:� , 2003. dN 0 CSharon L. Dawson, City Clerk �CAPPOI�T �j�% City of Santa Clarita o = Los Angeles County. California DEC. 15, H N 1987 ti By r���//.,,/,/„Irllllllllllll, r:\sanla Clarita\golden valley osmd\repods\osmd amended.doc Harris & Associates City of Santa Clarita November 25, 2003 Open Space Maintenance District (Golden Valley Ranch) Engineer's Report (Amended), FY 2004.05 Page 3 FISCAL YEAR 2004-05 ENGINEER'S REPORT PREPARED PURSUANT ' TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE, ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION, AND THE PROPOSITION 218 OMNIBUS IMPLEMENTATION ACT (GOVERNMENT CODE SECTION 53750 ET SEQ.) Pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, Article XIIID of the California Constitution, the Proposition 218 Omnibus Implementation Act and in accordance with the Resolution of Initiation, adopted by the City Council of the City of Santa Clarita, State of California, in connection with the proceedings for: OPEN SPACE MAINTENANCE DISTRICT (GOLDEN VALLEY RANCH) hereinafter referred to as the "Maintenance District" or "District", I, Joan E. Cox, P.E., the authorized representative of Harris & Associates, the duly appointed ASSESSMENT ENGINEER, submit herewith the "Report" consisting of five (5) parts as follows: I PART A — PLANS AND SPECIFICATIONS Contains a description of the improvements that are to be maintained or serviced by the District. PART B — ESTIMATE OF COST Identifies the estimated cost of the services or maintenance to be provided by the District, including incidental costs and expenses in connection therewith. PART C — METHOD OF APPORTIONMENT Describes the basis on which the costs have been apportioned to each parcel of land within the Maintenance District, in proportion to the estimated benefits to be received by such lots and parcels. PART D — ASSESSMENT ROLL Identifies the maximum assessment to be levied on each benefited lot or parcel of land within the Maintenance District. ■ PART E — ASSESSMENT DIAGRAM a Contains a Diagram of the Maintenance District Boundaries showing the exterior boundaries of the Maintenance District, the boundaries of any zones within the Maintenance District and the lines and dimensions of each lot or parcel of land within the Maintenance District. 1 11 �. r\sanla clarita\golden valley osmd\reports\osmd amended.doc Harris & Associates City of Santa Clarita November 25, 2003 Open Space Maintenance District (Golden Valley Ranch) Engineer's Report (Amended), FY 2004.05 Page 4 PART A PLANS AND SPECIFICATIONS The existing improvements, which have been constructed within the City of Santa Clarita, and those additional improvements that may be subsequently constructed, and that are proposed to be serviced and maintained as generally described as follows: DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED AND SERVICED The improvements proposed to be maintained and serviced are generally described as the Conservation Easement area, as described in the Judgement of the Superior Court of the State of California Case No. BC269070, filed July 29, 2002, which is the open space area on Tentative Tract Map No. 52414 (Golden Valley Ranch). Improvements include but are not limited to: trail maintenance and open space management within the boundaries of said Maintenance District. The District will fund costs in connection with the District maintenance and servicing including, but not limited to, labor, electrical energy, water, materials, contracting services, administration, and other expenses necessary for the satisfactory maintenance and servicing of these improvements. Maintenance means the furnishing of services and materials for the ordinary and usual operation of natural open space land or replacement of all or part of any of the landscaping or appurtenant improvements; the removal of rubbish, debris and other solid waste; th8 cleaning and other improvements to remove or cover graffiti; and trail maintenance. Servicing means the administration of all aspects of the maintenance and servicing of the improvements. The plans and specifications for the improvements, showing the general nature, location and the extent of the improvements, are on file in the office of the City Engineer and are by reference herein made a part of this report. �, r^lama clarila\golden valley osmd\reports\osmd amended.doc Harris & Associates City of Santa Clarita November 25, 2003 Open Space Maintenance District (Golden Valley Ranch) Engineer's Report (Amended), FY 2004-05 Page 5 PART B ESTIMATE OF COST The estimated costs for the operation, maintenance and servicing of the facilities, shown below, are the estimated costs of maintenance if the facilities were fully maintained for Fiscal Year 2004-05. The 1972 Act provides that the total cost of the maintenance and services, together with incidental expenses, may be financed from the assessment proceeds. The incidental expenses may include engineering fees, legal fees, printing, mailing, postage, publishing, and all other related costs identified with the district proceedings. Maintenance & Servicing Costs Natural Open Space & Trails $30,000.00 Administration Costs (5%) $1,500.00 Formation Costs $20,039.00 Operating Reserve (10%) $3,000.00 Prior Year (surplus) or deficit $0.00 Total To Assessment $54,539.00 The 1972 Act requires that a special fund be set-up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. The City may advance funds to the District, if needed, to ensure adequate cash flow, and will be reimbursed for any such advances upon receipt of assessments. Any surplus or deficit remaining on July 1 must be carried over to the next fiscal year. r.\ anta clanta\golden valley osmd\reports\osmd amended doc Harris &Associates 1 1 City of Santa Clarita November 25, 2003 Open Space Maintenance District (Golden Valley Ranch) Engineer's Report (Amended), FY 2004-05 Page 6 PART C METHOD OF APPORTIONMENT OF ASSESSMENT GENERAL Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of Maintenance Districts by cities for the purpose of providing certain public improvements which include the construction, maintenance and servicing of street lights, 1 traffic signals and landscaping facilities. Section 22573, Landscaping and Lighting Act of 1972 requires that maintenance assessments be { t levied according to benefit rather than according to assessed value. This section states: "The net amount to be assessed upon lands within an Maintenance District may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." fThe Act permits the designation of zones of benefit within any individual Maintenance District if "by reason of variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvements." (Sec. 22574). Thus, the 1972 Act requires the levy of a true "assessment" rather than a "special tax." I I REASON FOR THE ASSESSMENT The assessment is proposed to be levied to defray the costs of the maintenance and servicing of the open space conservation area improvements, as previously defined herein in Part A of this Report. SPECIAL BENEFIT ANALYSIS Parcels within the District will be assessed for the maintenance of those improvements that provide a special benefit to the project. Article XIIID of the California Constitution defines special benefit as: "A particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute `special benefit'." Per the Judgement of the Superior Court of the State of California Case No. BC269070, filed July 29, 2002, the setting aside and on-going maintenance of natural open space areas is a condition of developing the residential portion of Tentative Tract No. 52414 (Golden Valley Ranch). Without the open space areas, residential development would not be allowed to occur within the boundaries of the Tentative Tract; therefore, all areas proposed to be developed for residential uses receive special benefit from these open space areas and their maintenance. Non-residential properties are not subject to this condition and therefore do not receive special benefit from the improvements. r:\Santa clanta\golden valley osmd\reports\osmd amended.doc Harris & Associates I I City of Santa Clarita November 25, 2003 Open Space Maintenance District (Golden Valley Ranch) Engineer's Report (Amended), FY 200405 Page 7 ASSESSMENT APPORTIONMENT AND RATES As stated above, only residential property receives special benefits for the on-going maintenance of the designated open space within Tentative Tract No. 52414 (Golden Valley Ranch). There are 142.05 net acres of land designated for residential development within the tentative tract. The special benefit to each residential acre of land is the same: the ability to develop. Therefore, the assessment is apportioned to the residential development areas on a per acre basis. $54,539 142.05 acres = $383.94* per acre The table below provides the projected assessment apportionment for the two types of planned residential unit areas within the Golden Valley Ranch development and shows the estimated maximum annual assessment rate per residential unit given the following assumptions. These rates are based on the following development scheme: ■ 129.89 acres currently designated for 390 single family residential (SFR) units, ■ 12.16 acres currently designated for 108 single family condominium (CON) units. 142.05 $54,539 If the number of residential units differ from those projected above, the maximum assessment rates per residential unit will also differ. In no event shall the aggregate of the maximum assessments levied on the residential units exceed $54,539 as adjusted by the applicable CPI. * The maximum annual maintenance assessment rates will be increased each year by the annual change in the Consumer Price Index (CPI), during the preceding year ending in March, for All Urban Consumers, for the Los Angeles, Los Angeles and Orange County j1 areas. The actual assessments levied in any fiscal year will be as approved by the City Council and may not exceed the maximum assessment rate without receiving property owner approval for the increase. EI 1 1 rlsanta clarita\golden valley osmd\reports\osmd amended.doc Harris & Associates Maximum' Estimated Projected Est. Projected Res. Assessment Maximum` Planned Max. Asmt Rate per Acres per Res. Acre Assessment Res. Units Residential Unit 129.89 $383.94 / acre $49,870 390 SFR $127.87 / SFR Unit 12.16 $383.94 / acre $4,669 108 CON $43.23 /CON Unit 142.05 $54,539 If the number of residential units differ from those projected above, the maximum assessment rates per residential unit will also differ. In no event shall the aggregate of the maximum assessments levied on the residential units exceed $54,539 as adjusted by the applicable CPI. * The maximum annual maintenance assessment rates will be increased each year by the annual change in the Consumer Price Index (CPI), during the preceding year ending in March, for All Urban Consumers, for the Los Angeles, Los Angeles and Orange County j1 areas. The actual assessments levied in any fiscal year will be as approved by the City Council and may not exceed the maximum assessment rate without receiving property owner approval for the increase. EI 1 1 rlsanta clarita\golden valley osmd\reports\osmd amended.doc Harris & Associates 1 City of Santa Clarita November 25, 2003 1 Open Space Maintenance District (Golden Valley Ranch) Engineer's Report (Amended), FY 2004-05 Page 8 PART D { ASSESSMENT ROLL 1 The Assessment Roll is a listing of the proposed assessment for Fiscal Year 2004-05 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of Los Angeles. The Assessment Roll is provided below and is incorporated herein. The description of each lot or parcel is part of the records of the Assessor of the County of Los Angeles and these records are, by reference, made part of this Report. The proposed residential development areas are included within the following list of parcels that make up Tentative Tract Map No. 52414 (Golden Valley Ranch). Assessment Roll Maximum Assessor's Parcel Apportioned Asmt Parcel No. Acres Max. Asmt $54,539 2841-017-032 241.83 $10,819.22 2848-008-012 80.00 $3,579.11 2848-008-016 621.36 $27,798.99 i 2848-009-028 120.00 $5,368.67 1 2848-011-009 155.86 $6,973.01 1,219.05 $54,539.00 I I I I I I ■■ r.\santa danta\golden valley osmd\repons\osmd amended.doc Harris &Associates I I fl I I r City of Santa Clarita November 25, 2003 Open Space Maintenance District (Golden Valley Ranch) Engineer's Report (Amended), FY 2004-05 Page 9 PART E ASSESSMENT DIAGRAM An Assessment Diagram for the Maintenance District is provided on the following page. The lines and dimensions of each lot or parcel within the Maintenance District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles, for the year when this Report was prepared, and are incorporated by reference herein and made part of this Report. r.\sama clarlla\golden valley osmd\reporis\osmd amended.doc Harris & Associates IN City of Santa Clarita November 25, 2003 Open Space Maintenance District (Golden Valley Ranch) Engineer's Report (Amended), FY 2004-05 Page 10 rlsanta clanWgolden valley osmdVeports\osmd amended.doc M Harris & Associates in City of Santa Clarita November 25, 2003 Open Space Maintenance District (Golden Valley Ranch) Engineer's Report (Amended), FY 2004-05 Page 11 1 \santa clarita\golden valley osmd\reports\osmd amended.doc Harris &Associates