HomeMy WebLinkAboutResolution - - 1152-D - 7/20/2023 <•4
RESOLUTION OF INTENT NUMBER 1152-D :47.t°`
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA OF INTENTION TO VACATE A
PORTION OF NORTH HAYES AVENUE, SOUTH OF WEST
BULLARD AVENUE
WHEREAS, it is the intention of the Council of the City of Fresno,State of California
(the City), to order the vacation of a portion of North Hayes Avenue, south of West Bullard
Avenue; and
WHEREAS,the area proposed for vacation as described in Exhibit A and as shown
on Exhibit B, said exhibits are incorporated herein by reference and on file in the Office
of the City Clerk of the City at Fresno City Hall, 2600 Fresno Street, Fresno, California,
93721; and
WHEREAS, Butler Investment Group, LLC is requesting the proposed vacation;
and
WHEREAS, the purpose of this proposed vacation is to eliminate excess right of
way on North Hayes Avenue, and to accommodate development permit number 1319-
03659 for the construction of a 185 unit apartment complex; and
WHEREAS, the Traffic and Engineering Services Division, other City departments
and utility agencies have reviewed the proposed vacation and determined that the public
street right-of--way easement proposed for vacation as described in Exhibit A and as
shown on Exhibit B is unnecessary for present or prospective public street purposes,
subject to the reservation of a public utility easement over the entire area proposed to be
vacated and conditions of approval as listed in attached Exhibit C.
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Date Adopted: 07/20/2023
Date Approved: 07/20/2023
Effective Date: 07/20/2023 Resolution of Intent Number 1152-D
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NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
1. The hour of 10:00 a.m. on August 10, 2023, in the Council Chambers in
Fresno City Hall, 2600 Fresno Street, Fresno 93721, is hereby fixed as the time and place
when and where all persons interested in or objecting to the proposed vacation may
appear before the Council and be heard in relation thereto.
2. The Council elects to proceed under the provisions of Chapter 3,
commencing with Section 8320, of the Public Streets, Highways, and Service Easements
Vacation Law of the State of California (California Street and Highways Code Sections
8300 et seq.).
3. The Public Works Director of the City is directed to cause notices of the
proposed vacation to be published and posted for the time and in the manner prescribed
by the provisions of Sections 8322 and 8323 of the California Streets and Highways Code.
4. The Council preliminarily determines that the public street proposed to be
vacated is not useful as a bicycle path or route under applicable general, specific, or
community plans and policies. If the Council does not rescind such preliminary
determination, based on evidence or public testimony presented to it, orally or in writing,
at or before the August 10, 2023, hearing, the Council may proceed to make a final
determination, at the public hearing, that the public alley be vacated as provided herein.
* r * * k * * * * * * * * *
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0�F f�
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing
resolution was adopted by the Council of the City of Fresno, at a regular meeting held on
the 20th day of July 2023.
AYES Perea, Karbassi, Arias, Maxwell, Bredefeld, Esparza
NOES None
ABSENT Chavez
ABSTAIN None
TODD STERMER, CMC
City Cler
By.
Deputy Date
APPROVED AS TO FORM:
ANDREW JA
City Attorn
By: �j 7i3
Kels eib Date
❑ep City Attorney
Attachments:
Exhibit A— Street Easement Vacation Legal Description
Exhibit B — Street Easement Vacation
Exhibit C — Vacation Conditions of Approval
PW File No. 12937
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EXHIBIT "A" -
Legal Description `
APN: 504-081-56S (portion)
Public Street Vacation
That portion of Adjusted Parcel A of Lot Line Adjustment No. 2018-21 as described in Grant Deed
recorded February 28, 2019 as Document No. 2019-0020229, Official Records of Fresno County,
described as follows:
PARCEL 1:
COMMENCING at the most Southerly Southeast comer of said Parcel A said point being on the West
right-of-way line of North Hayes Avenue;thence North 00°33'04" West, along the East line of, and the
Northerly prolongation of the East line of said Parcel A, along said West right-of-way line, a distance of
410.32 feet to the TRUE POINT OF BEGINNING;
Thence North 00°33'04" West, continuing along said West right-of-way line, a distance of 256.90 feet;
thence South 39054'43" East, a distance of 92.46 feet to a point on the East right-of-way line of said North
Hayes Avenue;thence South 00°33'04"West, along said East right-of-way line, a distance of 43.66 feet to
a point being 62.00 feet Northwesterly of the Southeasterly line of said Parcel A, said point being the
beginning of a 282.00 foot radius non-tangent curve concave Southeasterly, a radial to said beginning
bears North 50°43'20" West; thence Southwesterly,parallel with and 62.00 feet Northwesterly of the
Southeasterly line of said Parcel A, along said curve, through a central angle of 31°53'55", an arc distance
of 157.00 feet to the TRUE POINT OF BEGINNING.
Containing 7,891 square feet, more or less.
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Page I of I
1 =BIT „ B „
LEGEND
w Z Esc? ® INDICATES AREA TO BE VACATED.
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0 0 ���� INDICATES AREA PREVIOUSLY DEEDED TO THE CITY OF FRESNO FOR
Z PUBLIC STREET AND UTILITY EASEMENT PURPOSES PER DEED
RECORDED _ 2023 AS DOCUMENT No.
Q� 60.00' Y L- 2023-----------__- OFFICIAL RECORDS OF FRESNO COUNTY.
o M am, AREA: 7,891 SQUARE FEET, +/-
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OWNER: BUTLER INVESTMENT GROUP, LLC
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o POINT OF C,MMENCEMENT: P.L.S. 9484
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07 PARCEL A OF LOT LINE ADJUSTMENT No. 2018-21 AS DESCRIBED IN
GRANT DEED RECORDED FEBRUARY 28, 2019 AS DOCUMENT
NO. 2019-0020229, OFFICIAL RECORDS OF FRESNO COUNTY,
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WEST ESCALON H
AVENUE
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Ref. & Rev CITY OF FRESNO FunPr d ID:
No.: —
PW File No: ------ DEPARTMENT OF PUBLIC WORKS Org. No: —
Plot No: ------ Dr.6 GMR
A PORTION OF NORTH HAYES AVENUE PER MAP OF THE J.C. v� SHEET NoT _ FORKNER FIG GARDENS SUBDIVISION No. 3, RECORDED IN VOLUME Ck.8y: OF 1 S--- 8 OF PLATS AT PAGE 79, FRESNO COUNTY RECORDS, TO BE Date: Jan. 12, 2021
VACATED FOR PUBLIC STREET PURPOSES BY THE CITY OF FRESNO. Scale: 1' = 50'
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EXHIBIT "C"
VACATION CONDITION OF APPROVAL
1. The proposed vacation area lies within the Fresno Metropolitan Flood Control
District's Drainage Area "EH". There are no existing or proposed Master Plan
facilities within the proposed vacation area as detailed on the Exhibit "B" provided
to the District.
The District requires that the Master Plan drainage patterns remain as designed
for the proposed vacation area.
The District will need to review and approve any improvement plans associated
with the project (i.e. grading plan and street plans), for conformance with the
Master Plan drainage patterns prior to implementation.
Should you have any questions regarding this matter, please do not hesitate to
contact us at(559) 456-3292.
FID previously reviewed Site Plan P21-00192 on March 9, 2021, those comments
and conditions still apply. For more details, please contact and Chris Lundeen at
(559) 233-7161.
2. Pacific Gas and Electric Company has existing land rights in this area and are
requesting a public utility easement be reserved contiguous to the southerly right
of way line of West Bullard Avenue and contiguous to the new westerly right of
way line of North Hayes Avenue. If you have any question regarding this condition,
please contact Salvador Graciliano at (661) 865-2319.
PW File 12937
RESOLUTION NO. 2023-208 �=°
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, OF INTENTION TO ANNEX FINAL
TRACT MAP NO. 6383 AS ANNEXATION NO. 146 TO THE
CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO.
11 AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES
WHEREAS, the City of Fresno (City) is a charter city and municipal corporation
duly created and existing under the Constitution and laws of the State of California; and
WHEREAS, under the City of Fresno Special Tax Financing Law, Chapter 8,
Division 1, Article 3, of the Fresno Municipal Code (City Law), this Council, as the
legislative body for the community facilities district and any annexation thereto, has the
authority to establish a community facilities district and annex property to the community
facilities district; and
WHEREAS, on November 15, 2005, the Council of the City of Fresno (Council)
adopted Council Resolution No. 2005-490 establishing the City of Fresno Community
Facilities District No. 11 (CFD No. 11); and
WHEREAS, the original boundaries of CFD No. 11 are shown on the Boundary
Map of City of Fresno Community Facilities District No. 11, recorded November 8, 2005,
at Book 41, Page 61 of Assessment and Community Facilities Districts in the Office of the
Recorder, County of Fresno, California, a copy of which is on file in the Office of the City
Clerk of the City of Fresno (City Clerk); and
WHEREAS, the territory encompassing the existing CFD No. 11 is attached hereto
as Exhibit A and incorporated herein by this reference; and
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Date Adopted: 07/20/2023
Date Approved: 07/20/2023
Effective Date: 07/20/2023 Resolution No. 2023-208
R�rrio at�•. ..
WHEREAS, the landowner of Final Tract Map No. 6383 has formally petitioned the
City to annex Final Tract Map No. 6383 to CFD No. 11, and the area proposed for
annexation to CFD No. 11 is attached hereto as Exhibit B and incorporated herein by this
reference; and
WHEREAS, the types of public services provided in the existing CFD No. 11
(Services) are specified in the document attached hereto as Exhibit C, Page C-2, and
incorporated herein by this reference; and
WHEREAS, the types of Services to be provided to Annexation No. 146 by CFD
No. 11, are specified in the document attached hereto as Exhibit C, Page C-1, and
incorporated herein by this reference; and
WHEREAS, Annexation No. 146, Final Tract Map No. 6383 is located entirely
within the limits of the City of Fresno; and
WHEREAS, CFD No. 11 and Annexation No. 146 will share costs proportionately
for Services provided by the City; and
WHEREAS, Annexation No. 146 is Phase 2 of a larger area represented by
Vesting Tentative Map No. 6201 (TT6201), shown in Exhibit B, and will share Services in
common with all areas within TT6201; and
WHEREAS, other areas within TT6201, concurrently with becoming final maps,
have been or may be annexed to CFD No. 11, and the taxable property within Annexation
No.146 and the taxable property within the other annexed final maps within TT6201 will
share the costs of Services provided by CFD No. 11.
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NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
1. Recitals. The forgoing recitals are true and correct.
2. Proposed Annexation No. 146 Boundaries. The proposed boundaries of
Annexation No. 146 are as shown on the map (copy attached as Exhibit B) on file with
the City Clerk. The boundaries, shown in Annexation Map No. 146, for the territory
proposed to be annexed, are preliminarily approved. The City Clerk is directed to record
Annexation Map No. 146, or cause it to be recorded, in the Office of the Recorder, Fresno
County, California within ten days after the adoption date of this resolution.
3. Services. The operation and reserves for maintenance (Services)
proposed to be financed in Annexation No. 146 are listed on Page C-1 of Exhibit C,
attached hereto and incorporated herein by this reference.
4. Special Taxes. Except to the extent that funds are otherwise available to
CFD No. 11 to pay for the Services in Annexation No. 146, and Annexation No. 146's
share of services for Vesting Tentative Tract Map No. 6201, a special tax sufficient to pay
the costs (Special Tax) thereof, secured by recording a continuing lien against all
nonexempt real property in Annexation No. 146 will be levied annually within Annexation
No. 146, and collected in the same manner as ordinary ad valorem property taxes, or in
any other manner as this Council or its designee shall determine, including direct billing
of the affected property owners. The proposed rate and method of apportionment of the
Special Tax among the real property parcels within Annexation No. 146 are described in
sufficient detail for each landowner within Annexation No. 146to estimate the maximum
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amount each owner will have to pay, in Exhibit D, attached hereto and incorporated herein
by this reference.
5. District Annexation Report. The Director of Public Works Department, as
the officer having charge and control of the Services in and for CFD No. 11, or designee,
is directed to study the proposed Services and to make, or cause to be made, and filed
with the City Clerk a report of CFD No. 11, Annexation No. 146 (District Report), in writing
presenting the following:
a. A description of the Services by type required to adequately meet the
needs of CFD No. 11, Annexation No. 146.
b. An estimate of the fair and reasonable cost of the Services including
the cost of acquiring land, rights-of-way and easements, costs of any physical
services required in conjunction therewith, and incidental expenses in connection
therewith.
C. Describe any plan for Services that will be provided in common with
the existing district and/or any territory that may be annexed.
d. If the Special Tax levied within the territory proposed to be annexed
is higher or lower than the existing CFD No. 11, identify the extent and reasons
why the costs to provide Services in that territory are higher or lower than those
provided in the existing CFD No. 11. Specify any alteration in the special tax rate
levied within the existing CFD No. 11 because of the proposed annexation.
e. The CFD No. 11, Annexation No. 146 District Report shall be made
a part of the record of the public hearing specified below.
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6. Single Ballot. The propositions to set the appropriations limit and to
approve the levy of the Special Tax shall be combined into a single ballot and submitted
to the voters pursuant to City Law.
7. Public Hearing. Thursday, August 10, 2023 at 10:05 a.m., is fixed as the
date and time, in the City Council Chambers, 2600 Fresno Street, Fresno, California, that
this Council, the legislative body for CFD No. 11, will conduct a public hearing on the
annexation of Final Tract Map No. 6383 and will consider and finally determine whether
the public interest, convenience and necessity require the annexation and the levy of the
Special Tax.
8. Public Notice. The City Clerk is directed to cause notice of the public
hearing to be given by publication once in a newspaper of general circulation published
in the area of CFD No. 11. The publication shall be complete at least seven days before
the hearing date set herein. The notice shall be in the form specified by Sections 53339.4
and 53322 of Chapter 2.5 of the California Government Code.
9. This resolution shall be effective upon final approval.
Attachments:
Exhibit A: Original Boundaries of CFD No. 11
Exhibit B: Annexation Map No. 146
Exhibit C: Description of Services
Exhibit D: Rate and Method of Apportionment of Special Tax
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(IF F
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution
was adopted by the Council of the City of Fresno, at a regular meeting held on the
20th day of July 2023,
AYES Perea, Karbassi, Arias, Maxwell, Bredefeld, Esparza
NOES None
ABSENT Chavez
ABSTAIN None
TODD STERMER, CMC
City Clerk
BY: /,,;.v
Deputy Date
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
BY: $! rzGZ
Heather Thomas Date
Deputy City Attorney
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EXHIBIT C
City of Fresno
Community Facilities District No. 11
Annexation No. 146
Description of Services to be Financed by Community Facilities District No. 11
for Annexation No. 146 (Final Tract Map No. 6383)
The operations and reserves for the maintenance of certain required improvements (Services)
that are to be financed by Community Facilities District No. 11 (CFD No. 11)for Final Tract Map
No. 6383, Annexation No. 146 are generally as described below.
The Services will include all costs (including reserves for replacement) attributable to
maintaining, servicing, cleaning, repairing and/or replacing landscaped areas and trees in public
street rights-of-way, public landscape easements, public open spaces and other similar
landscaped areas officially dedicated for public use.
General maintenance will include, without limitation, mowing, edging, fertilizing, aerating and
watering grass areas, repairing and replacing irrigation systems as necessary; staking, pruning,
replacing and spraying of trees and shrubs; removing litter, debris, and garbage.
Services shall include all costs attributable to cleaning, maintaining, servicing, repairing and/or
replacing all ground level infrastructure (including reserves for replacement) within dedicated
public easements and outlots. Such facilities include, without limitation, concrete curbs, gutters,
valley gutters, curb ramps and sidewalks, street name signage, street lighting, and local street
paving associated with this subdivision. Such facilities may also include, without limitation, all
hardscaping and park amenities and structures associated with the subdivision.
Services shall include all costs attributable to street lighting services.
Maintenance costs will include a proportionate share of all other expenses that the City of Fresno
(City) may incur in administering CFD No. 11.
All Services shall be provided by the City, with its own forces or by contract with third parties, or
any combination thereof, to be determined entirely by the City.
Nothing in this exhibit or any other exhibit or provision of this Resolution shall be construed as
committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the
payment of or reimbursement for all of the authorized incidental expenses. The provision of
Services and/or payment or reimbursement of incidental expenses shall be subject to the
successful annexation of Annexation No. 146 to CFD No. 11 and the availability of sufficient
proceeds of Special Taxes within CFD No. 11.
C-1
EXHIBIT C
City of Fresno
Community Facilities District No. 11
Formation
Description of Services currently financed by Community Facilities District No. 11
The services that are to be financed (Services) by Community Facilities District No. 11 (CFD No.
11) are any and all Services defined by City of Fresno Special Tax Financing Law (Chapter 8,
Division 1, Article 3 of the Fresno Municipal Code)and the Mello-Roos Community Facilities Act
of 1982 (Chapter 2.5 commencing with Section 53311, of Part 1, Division 2, Title 5 of the
California Government Code.)
I. Services may include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing all facilities, including hardscaping, in landscaped areas (may include
reserves for replacement) in public street rights-of-way, public landscape easements,
public trail areas, parkways, and other similar landscaped areas officially dedicated for
public use.
II. General maintenance will include, without limitation, mowing, edging, fertilizing, seeding,
aerating, and watering grass areas; repairing and replacing irrigation systems as
necessary; staking, pruning, replacing and spraying of trees and shrubs; repairing and
replacing paths, walkways and trails; removing litter, debris, and garbage.
II. Services may include all costs attributable to cleaning, maintaining, servicing, repairing
and/or replacing all local ground level street infrastructure (may include reserves for
replacement) within local street rights-of-way. Such facilities may include, without
limitation, street paving, curbs and gutters, sidewalks, street lighting, hydrants, inlets,
street trees and street furniture.
III. Services may include costs attributable to police, fire, traffic control, street lighting and
recreational services.
Maintenance costs will also include a proportionate share of all other expenses that the City of
Fresno (City) may incur in administering the CFD No. 11.
All Services shall be provided by the City, with its own forces or by contract with third parties, or
any combination thereof, to be determined entirely by the City.
Nothing in this exhibit or any other exhibit or provision of this resolution shall be construed as
committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the
payment of or reimbursement for all of the authorized incidental expenses. The provision of
Services and/or payment or reimbursement of incidental expenses shall be subject to the
continued existence of CFD No. 11 and the availability of sufficient proceeds of special taxes
within the CFD No. 11.
C-2
EXHIBIT D
City of Fresno
Community Facilities District No. 11
Annexation No. 146
Rate and Method of Apportionment of Special Tax
Cost Estimate
The estimate breaks down the costs of providing 1 year's service for FY 2022-2023 for
Final Tract Map No. 6383 (99 lots), Phase II of Vesting Tentative Tract Map No. 6201.
Final Tract Map No. 6383's costs include services for Final Tract Map No. 6383 and Final
Tract Map No. 6383's share of services provided to Vesting Tentative Tract Map No.
6201. Vesting Tentative Tract Map No. 6201 totals 257 lots (counting the 99 from Tract
No. 6383). The final maps within Vesting Tentative Tract Map No. 6201 are to share
equally for a portion of the cost of Services by Community Facilities District No. 11 as
calculated with Final Tract Map No. 6201 (Annexation No. 129) and Phase III of VTTM
6201. Final Tract Map No. 6383 and Phase III will pay additional costs due to added
facilities for those phases.
ITEM DESCRIPTION ESTIMATED COST
1 Landscape Operational Costs $32,212.00
2 Other Operational Costs $707.00
3 Reserve for Replacement $28,680.00
4 Incidental Expenses $1,485.00
Total $63,084.00
Subdivision Appropriation Limit
FINAL MAX. SPECIAL I
TOTAL � APPROPRIATION
TRACT TAX PER TAXABLE SUBDIVIDER
MAP RESIDENTIAL UNITS LIMIT
NO. UNIT
6383 $637.21 99 $500,000.00 Wilson Premier
Homes Inc.
D-1
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EXHIBIT D
City of Fresno
Community Facilities District No. 11
Annexation No. 146
Rate and Method of Apportionment of Special Tax
A Special Tax applicable to each assessor's parcel in Community Facilities District No.
11 (CFD No. 11) shall be levied and collected according to the tax liability determined by
the City Council of the City of Fresno, through the application of the appropriate amount
or rate for taxable property, as described below. All of the property in CFD No. 11, unless
exempted by law or by the provisions of Section E below, shall be taxed for the purposes,
to the extent, and in the manner herein provided, including property subsequently
annexed to CFD No. 11 unless a separate Rate and Method of Apportionment of Special
Tax is adopted for the annexation area.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Assessor's Parcel" or "Parcel" means a lot or parcel shown on an assessor's parcel
map with an assigned assessor's parcel number.
"Assessor's Parcel Map" means an official map of the County Assessor of the County
of Fresno designating parcels by assessor's parcel number.
"City" means the City of Fresno.
"City Law" means the City of Fresno Special Tax Financing Law, Chapter 8, Division 1,
Article 3, of the Fresno Municipal Code.
"Council" means the City Council of the City of Fresno, acting as the legislative body of
CFD No. 11.
"Developable Lot" means a lot that is anticipated development of residential or non-
residential uses, and which is not an outlot, remainder parcel or other parcel which is not
intended to be developed or which must be further subdivided before being developed.
"Excluded Parcels" means those assessor's parcels identified as ineligible for inclusion
in CFD No. 11 as shown in "Attachment 1" of this Rate and Method of Apportionment of
Special Tax.
"Final Map" means a final map, or portion thereof, approved by the Council of the City of
Fresno pursuant to the Subdivision Map Act(California Government Code Section 66410
et seq.)that creates individual developable lots for which building permits may be issued.
The term "Final Map" shall not include any assessor's parcel map or subdivision map or
D-2
EXHIBIT D
portion thereof that does not create individual developable lots for which a building permit
may be issued, including assessor's parcels that are designated as remainder parcels.
"Fiscal Year" means the period starting April 1 and ending on the following March 31.
"Maximum Special Tax" means the maximum special tax, determined in accordance
with Section C, which can be levied in any Fiscal Year.
"Proportionately" means, in any fiscal year, that the ratio of the actual Special Tax to
the Maximum Special Tax is equal for all assessor's parcels in CFD No. 11.
"Public Property" means any property within the boundaries of CFD No. 11 that is
owned by the federal government, the State of California or other local governments or
public agencies.
"Reserve for Replacement" means a reasonable reserve pursuant to Fresno Municipal
Code 8-1-303(e)(4), as a service cost or expense and not as payment for public facilities
under Government Code Section 53321(d).
"Residential Unit" means a residential dwelling unit and shall include single-family
unattached homes, condominiums, town homes, duplex, triplex and fourplex units, and
individual apartment units in a multi-family building. For purposes of the levy of special
taxes pursuant to Section C below, "Residential Units" shall include dwelling units already
built on taxable property in CFD No. 11, as well as dwelling units planned, but not yet
built, when the special tax is levied each fiscal year.
"Shared Services" means the costs of services are paid equally by the property owners
of two or more subdivisions.
"Special Tax" means any special tax to be levied each fiscal year on assessor's parcels
of taxable property to fund the Special Tax Requirement as defined below.
"Special Tax Requirement" means the amount necessary in any fiscal year to (i) pay
authorized maintenance and improvement expenses, (ii) pay administrative expenses of
CFD No. 11, and (iii) cure any delinquencies in the payment of special taxes levied in
prior fiscal years or(based on delinquencies in the payment of special taxes which have
already taken place) are expected to occur in the fiscal year in which the tax will be
collected.
"Subdivision" means the division, by any subdivider, of any unit or units of improved or
unimproved land, or any portion thereof, shown on the latest equalized county
assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or
financing whether immediate or future. Property shall be considered as contiguous units,
even if it is separated by roads, streets, utility easement or railroad rights-of-way.
"Subdivision" includes a condominium project, as defined in Section 4125 of the Civil
Code, a community apartment project, as defined in Section 4105 of the Civil Code.
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EXHIBIT D
"Taxable Property" means all of the assessor's parcels within the boundaries of CFD
No. 11 which are not exempt from the special tax pursuant to law or Section E below.
B. CALCULATION OF RESIDENTIAL UNITS
On April 1 of each fiscal year, the City of Fresno (City) or its designee shall determine
how many residential units are built, or allowed to be built, on assessor's parcels within
CFD No. 11. For parcels of undeveloped property zoned for development of single-family
units attached, the number of residential units shall be determined by referencing the
condominium plan, apartment plan site plan or other development plan, or by assigning
the maximum allowable units permitted based on the underlying zoning for the parcel.
Once a single-family attached building or buildings have been built on an assessor's
parcel, the City or its designee shall determine the actual number of residential units
contained within the building or buildings, and the special tax levied against the parcel in
the next fiscal year shall be calculated by dividing the Special Tax Requirement by the
actual number of residential units not to exceed the Maximum Special Tax per residential
unit identified for the final map in Section C, Table 1 below.
C. MAXIMUM SPECIAL TAX
The Maximum Special Tax (MST) applicable to each assessor's parcel in CFD No. 11
shall be specific to each final map within CFD No. 11. When additional property is
annexed to CFD No. 11, the rate and method adopted for the annexed property shall
reflect the MST for the final map or final maps then annexed. The Maximum Special Tax
for Fiscal Year 2022-2023 for a residential unit within Final Tract Map No. 6383 is
identified in Table 1 below:
Table 1
Maximum Special Tax
(Fiscal Year 2022-2023)*
Final Tract Map Number** I Maximum Special Tax
6383 L $637.21 per Residential Unit
*Beginning in January of each year, the MST will be adjusted upward annually
by 2% or by the rise of the Construction Cost Index (CCI), if it exceeds 2%, for
the San Francisco Region for the prior 12-month period (December through
December) as published in the Engineering News Record, or published in a
comparable index if the Engineering News Record is discontinued or otherwise
not available. Each annual adjustment of the MST shall become effective on
the subsequent July 1.
** A Special Tax shall be levied on all parcels within an identified final map
except excluded parcels as identified in Attachment 1.
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EXHIBIT D
D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX `` :.
Commencing with Fiscal Year 2022-2023, the Special Tax shall be levied on all taxable
parcels as follows:
Step 1: Determine the Special Tax Requirement (as defined in Section A
above)for the fiscal year in which the Special Tax will be collected;
Step 2: Calculate the total special tax revenues that could be collected from
taxable property within CFD No. 11 based on applying the Maximum
Special Tax rates determined pursuant to Section C above to the
number of residential units on each parcel of taxable property in CFD
No. 11;
If the amount determined in Step 1 is greater than or equal to the
amount calculated in Step 2, levy the Maximum Special Tax set forth in
Table 1 above on all parcels of taxable property in CFD No. 11;
If the amount determined in Step 1 is less than the amount calculated
in Step 2, levy the Special Tax proportionately against all parcels of
taxable property up to 100% of the Maximum Special Tax for each
subdivision as identified in Table 1, until the amount of the Special Tax
levy equals the Special Tax Requirement for that fiscal year.
The Special Tax for CFD No. 11 shall be collected in the same manner and at the same
time as ordinary ad valorem property taxes, provided, however, that CFD No. 11 may
(under the authority of Government Code 53340), in any particular case, bill the taxes
directly to the property owner off of the County of Fresno tax roll, and the Special Taxes
will be equally subject to penalties and foreclosure if delinquent.
E. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special
Tax, no Special Tax shall be levied on parcels that have been conveyed to a public
agency, except as otherwise provided in City Law, and properties receiving a welfare
exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code. In
addition, no Special Tax shall be levied on excluded parcels or parcels that are
determined not to be developable lots.
D-5
EXHIBIT D
ATTACHMENT 1
City of Fresno
Community Facilities District No. 11
Annexation No. 146
Excluded Parcels
THERE ARE NO EXCLUDED PARCELS IN
FINAL TRACT MAP NO. 6383
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