HomeMy WebLinkAboutItem No. 10 - CFD No. 2015-1 Safety Services Tract No. 25475 & 33725 Annex No. 9City Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 21-098
Agenda Date: 3/23/2021 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 10)
Community Facilities District No. 2015-1 (Safety Services) Declaring Its Intention to Consider
Annexing Territory (Tract Nos. 25475 and 33725 - Annexation No. 9)
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE
CITY OF LAKE ELSINORE (SAFETY SERVICES), DECLARING ITS INTENTION TO CONSIDER
ANNEXING TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE
ELSINORE (SAFETY SERVICES).
Page 1 City of Lake Elsinore Printed on 3/19/2021
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Date: March 23, 2021
Subject: Community Facilities District No. 2015-1 (Safety Services) Declaring Its
Intention to Consider Annexing Territory (Tract Nos. 25475 and 33725 –
Annexation No. 9)
Recommendation
Adopt Resolution stating the intention to annex property to Community Facilities District No. 2015-
1 of the City of Lake Elsinore (Safety Services).
Background
In 2016, the City formed Community Facilities District No. 2015-1 of the City of Lake Elsinore
(Safety Services) (“Community Facilities District No. 2015-1” or the “District”) pursuant to the
Mello-Roos Community Facilities Act of 1982, as amended. The District is authorized to levy a
special tax within its boundaries to fund, among others, police protection services, fire protection
and suppression services, and paramedic services.
SPT-AREP III Tuscany Associates, LLC, a Delaware limited liability company (the “Developer”),
owns property containing 335 proposed residential lots located to the south of Highway 74 at
Greenwald Avenue and Little Valley Road, in the northeastern part of the City (the “Property”).
The Property is further described in Attachment “A” to the Resolution of Intention presented at
this meeting. The Developer has submitted a petition requesting that the Property be annexed to
the District.
If the Property is annexed to the District, the District will be authorized to levy a special tax on the
Property to fund the safety services described above. The special tax will be levied in accordance
with the Rate and Method of Apportionment attached as Attachment “B” to the Resolution of
Intention. The proposed total maximum tax rate is $833.41 per unit per year, starting Fiscal Year
2021-22. The Annual Special Tax rate is proposed to escalate each year at the greater of
Consumer Price Index (CPI) or 4%.
The Resolution of Intention declares the City’s intention to consider annexing the Property to the
District and calls for a public hearing on the matter. If the City Council adopts the Resolution of
Intention, a public hearing on the matter will take place on April 27, 2021, and at that time the
Council will formally consider approval of the annexation of the Property to the District, and hold
CFD 2015-1 Annex 9
Page 2 of 2
an election on the approval of the levy of the special taxes on the Property in accordance with the
Rate and Method of Apportionment.
Fiscal Impact
The Developer has made a deposit to pay for the costs of the annexation proceedings.
If annexed to the District, property owners will pay a tax of $833.41 per unit for single family
property with an annual escalation of the greater of CPI or 4%.
Exhibits
A – Reso. of Intention to Annex Property
B – Landowner Petition
C – Project Map
RESOLUTION NO. 2021-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES),
DECLARING ITS INTENTION TO CONSIDER ANNEXING TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE
(SAFETY SERVICES)
Whereas, on March 8, 2016, the City Council (the “City Council”) of the City of Lake Elsinore
adopted Resolution No. 2016-022 (the “Resolution of Intention”), declaring its intention to
establish Community Facilities District No. 2015-1 of the City of Lake Elsinore (Safety Services)
(“Community Facilities District No. 2015-1” or the “District”) pursuant to the Mello-Roos
Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5
of the Government Code of the State of California (the “Act”); and,
Whereas, after a duly noticed public hearing, the City Council adopted Resolution No. 2016-035
(the “Resolution of Formation”) establishing Community Facilities District No. 2015-1 and calling
a special election therein to authorize (i) the levy of special taxes pursuant to the rate and method
of apportionment of the special tax, as set forth in Attachment “A” attached to the Resolution of
Intention (the “Original Rate and Method”), and (ii) the establishment of an appropriations limit for
Community Facilities District No. 2015-1; and,
Whereas, the City Council has received a signed petition from SPT-AREP III Tuscany Associates,
LLC, a Delaware limited liability company (the “Owner”), requesting (i) the annexation of the
territory within the boundaries set forth in Attachment “A,” hereto (the “Annexation Territory”) to
the District; (ii) the levy of the special tax within the Annexation Territory in accordance with the
Rate and Method of Apportionment of Special Tax attached as Attachment “B,” hereto (the “Rate
and Method”), which Rate and Method is identical to the Original Rate and Method in all respects
except that Appendix A thereto has been updated in accordance with the terms of the Original
Rate and Method to reflect prior annexations to the District and the annexation described herein
and (iii) the waiving certain election requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING HAS
THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-1 (SAFETY
SERVICES) OF THE CITY OF LAKE ELSINORE, DOES HEREBY RESOLVE, DETERMINE
AND ORDER AS FOLLOWS:
Section 1. Each of the above recitals is true and correct.
Section 2. The City Council declares its intention to conduct proceedings pursuant to the Act
for the annexation to the District of the Annexation Territory.
Section 3. The map showing the original boundaries of the District designated as “Map of
Proposed Boundaries of Community Facilities District No. 2015-1 of the City of Lake Elsinore
(Safety Services),” which map is on file in the office of the City Clerk and was recorded pursuant
to Sections 3111 and 3113 of the Streets and Highways Code in the City of County Book of Maps
of Assessment and Community Facilities Districts in the Assessor-County Clerk-Recorder’s office
of the County of Riverside in Book No. 79 Page No. 45-46, on March 14, 2016 as Instrument No.
2016-00978338.
CC Res. 2021-_____
Page 2 of 14
The boundaries of the Annexation Territory proposed to be annexed to the District and be made
subject to taxation are as shown on the annexation map set forth in Attachment “A” hereto (the
“Boundary Map”). The City Clerk is hereby directed to sign the Boundary Map and record it with
all proper endorsements thereon with the County Recorder of the County of Riverside within 15
days after the adoption of this resolution, all as required by Section 3111 of the Streets and
Highways Code of the State of California.
Section 4. The Services (as defined in the Rate and Method) proposed to be provided for the
benefit of the Annexation Territory are public services as defined in the Act, and this City Council
finds and determines that the Services to be financed, upon annexation to the District , will be in
addition to those provided in the territory the Annexation Territory, and do not supplant services
already available within the Annexation Territory. The City Council hereby finds and determines
that the description of the Services herein is sufficiently informative to allow taxpayers within the
Annexation Territory, to understand what the funds of the District may be used to finance. The
Administrative Expenses (as defined in the Rate and Method) expected to be incurred within the
Annexation Territory are set forth in the Rate and Method. The amount and term of the special
tax to be levied by the District within the Annexation Territory and the Services to be provided by
the District within the Annexation Territory shall be identical to those within the original boundaries
of the District.
Section 5. Except where funds are otherwise available, it is the intention of the City Council
to levy annually in accordance with the procedures contained in the Act a separate special tax,
secured by recordation of a continuing lien against all nonexempt real property in the Annexation
Territory, sufficient to pay for the Services and the Administrative Expenses. The rate and method
of apportionment and manner of collection of the special taxes set forth in Attachment “A” allows
each landowner within the Annexation Territory to estimate the maximum amount that may be
levied against each parcel.
The special taxes for Services may be increased based on the consumer price index by an
amount not to exceed four percent (4%) per year to the extent permitted in the Rate and Method.
The special tax for Services may be levied for such period as the Services are needed, as further
described in Attachment “B” hereto.
The special taxes are based on the expected demand that each parcel of real property within the
Annexation Territory will place on the Services. The City Council hereby determines that the
proposed Services are necessary to meet the increased demand placed upon the City and the
existing police, fire, rescue and paramedic services in the City as a result of the development of
the land proposed for annexation to the District. The City Council hereby determines the rate and
method of apportionment of the special taxes set forth in Attachment “B” to be reason able. The
special tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of
the Act and such special taxes are not on or based upon the value or ownership of real property.
Section 6. A public hearing (the “Hearing”) on the annexation of the Annexation Territory to
the District, the levy of the special tax within the Annexation Territory in accordance with the Rate
and Method to finance the Services shall be held at 7:00 p.m., or as soon thereafter as practicable,
on April 27, 2021, at the City Cultural Center, 183 North Main Street, Lake Elsinore, California.
Notwithstanding the foregoing, consistent with the Governor of the State of California’s Executive
Order N-29-20 or other applicable directives, the Hearing may be held remotely with public
participation via methods to be set forth in the City Council’s agenda. Should the City Council
determine to annex the Annexation Territory to the District, a special election will be held to
authorize the levy of the special taxes in accordance with the procedures contained in
CC Res. 2021-_____
Page 3 of 14
Government Code Section 53326. If held, the proposed voting procedure at the election will be
a landowner vote with each landowner who is the owner of record of land within the Annexation
Territory at the close of the Hearing, or the authorized representative thereof, having one vote for
each acre or portion thereof owned within the Annexation Territory. Ballots for the special election
may be distributed by mail or by personal service.
Section 7. The City Council does not intend to make any adjustment in property taxation
pursuant to Sections 53313.6 and 53313.7 of the Act.
Section 8. At the time and place set forth above for the Hearing, any interested person,
including all persons owning lands or registered to vote within the Annexation Territory, may
appear and be heard.
Section 9. The City Clerk is hereby directed to publish a notice (the “Notice”) of the Hearing
pursuant to Section 6061 of the Government Code in a newspaper of general circulation
published in the area of the Annexation Territory. The City Clerk is further directed to mail a copy
of the Notice to each landowner within the Annexation Territory at least 15 days prior to the
Hearing. The Notice shall contain the text or a summary of this Resolution, the time and place of
the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a
description of the protest rights of the registered voters and landowners in the proposed district
and a description of the proposed voting procedure for the election required by the Act. Such
publication shall be completed at least seven (7) days prior to the date of the Hearing.
Section 10. This Resolution shall be effective upon its adoption.
Passed and Adopted on this 23rd day of March, 2021.
_____________________________
Robert E. Magee, Mayor
Attest:
_____________________________
Candice Alvarez, MMC
City Clerk
CC Res. 2021-_____
Page 4 of 14
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss.
CITY OF LAKE ELSINORE)
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2021- ______ was adopted by the City Council of the City of Lake Elsinore,
California, at the Regular meeting of March 23, 2021 and that the same was adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Candice Alvarez, MMC
City Clerk
CC Res. 2021-_____
Page 1 of 14
A-1
4815-1460-9118v3/022042-0035
ATTACHMENT “A”
BOUNDARY MAP OF ANNEXATION TERRITORY
CC Res. 2021-_____
Page 1 of 14
B-1
4815-1460-9118v3/022042-0035
ATTACHMENT “B”
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2015-1 (SAFETY SERVICES)
OF THE CITY OF LAKE ELSINORE
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel
(defined below) in Community Facilities District No. 2015-1 (Safety Services) (the “CFD No. 2015-
1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year
beginning July 1, 2016, in an amount determined by the City Council of the City of Lake Elsinore,
acting in its capacity as the legislative body of CFD No. 2015-1, by applying the rate and method
of apportionment set forth below. All of the real property in CFD No. 2015-1, unless exempted by
law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Administrative Expenses” means the actual or reasonably estimated costs directly related
to the formation, annexation, and administration of CFD No. 2015-1 including, but not limited
to: the costs of computing the Special Taxes and preparing the annual Special Tax collection
schedules (whether by the City or designee thereof or both); the costs to the City, CFD No.
2015-1, or any designee thereof associated with fulfilling the CFD No. 2015-1 reporting
requirements; the costs associated with responding to public inquiries regarding the Special
Taxes; the costs of the City, CFD No. 2015-1 or any designee thereof related to an appeal of
the Special Tax; and the City's annual administration fees and third party expenses.
Administrative Expenses shall also include amounts estimated or advanced by the City or
CFD No. 2015-1 for any other administrative purposes of CFD No. 2015-1, including attorney's
fees and other costs related to commencing and pursuing to completion any foreclosure of
delinquent Special Taxes.
“Administrator” means the City Manager of the City of Lake Elsinore, or his or her designee.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel
Number by the County Assessor of the County of Riverside.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating
parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means the identification number assigned to a parcel by the
County Assessor of the County of Riverside.
“CFD” or “CFD No. 2015-1” means the City of Lake Elsinore Community Facilities District
No. 2015-1 (Safety Services).
“City” means the City of Lake Elsinore.
“County” means the County of Riverside.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building
permit for new construction has been issued on or prior to March 1 preceding the Fiscal Year
in which the Special Tax is being levied.
CC Res. 2021-_____
Page 2 of 14
B-2
4815-1460-9118v3/022042-0035
“Developed Multi-Family Property” means all Assessor's Parcels of Developed Property
for which a building permit or use permit for the construction of a residential structure with two
or more Residential Units that share a single Assessor's Parcel Number, as determined by
the Administrator, has been issued prior to March 1 preceding the Fiscal Year in which the
Special Tax is being levied.
“Developed Single Family Property” means any residential property other than a
Developed Multi-Family Property on an Assessor’s Parcel for which a building permit for new
construction has been issued by the City on or prior to March 1 preceding the Fiscal Year in
which the Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the
Special Tax as provided for in Section E.
“Fiscal Year” means the period from and including July 1st of any year to and including the
following June 30th.
“Maximum Special Tax” means the Maximum Special Tax, as applicable, levied within the
CFD for any Fiscal Year.
“Future Annexation Area” means any area included inside the boundaries of the proposed
boundary map included in Appendix C.
“Proportionately” means for Taxable Property, that the ratio of the actual Special Tax levy
to the Maximum Special Tax is the same for all Assessor’s Parcels.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a
domicile by one or more persons, as determined by the Administrator.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which
completed Residential Units have been constructed or for which building permits have been
or may be issued for purposes of constructing one or more Residential Units.
“Services” means services permitted under the Mello-Roos Community Facilities Act of 1982
including, without limitation, those services authorized to be funded by CFD No. 2015-1 as set
forth in Appendix B.
“Special Tax” means the Special Tax to be levied in each Fiscal Year on each Assessor’s
Parcel of Taxable Property.
"Special Tax Requirement" means the amount to be collected in any Fiscal Year to pay for
certain costs as required to meet the public safety needs of CFD No. 2015-1 in both the current
Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for (i)
police protection services, (ii) fire protection and suppression services, (iii) paramedic
services, (iv) fund an operating reserve for the costs of Services as determined by the
Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special
Tax Requirement include funds for bonds.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2015-1, which are not
Exempt Property.
CC Res. 2021-_____
Page 3 of 14
B-3
4815-1460-9118v3/022042-0035
“Taxable Unit” means a Residential Unit.
B. RATE AND METHOD OF APPORTIONMENT OF MAXIMUM SPECIAL TAX RATES
As of July 1 of each Fiscal Year, commencing July 1, 2016, the Council shall determine the
Special Tax Requirement and shall levy the Special Tax upon each of the Assessor’s Parcels
within the CFD which constitute a Developed Single Family Property or a Developed Multi-
Family Property until the aggregate amount of Special Tax equals the Special Tax
Requirement. The Special Tax shall be levied Proportionately on all Assessor’s Parcels of
Developed Property up to 100% of the applicable Maximum Special Tax to satisfy the Special
Tax Requirement.
The Maximum Special Tax for Fiscal Year 2016-2017 for a Developed Single Family Property
and a Developed Multi-Family Property are shown below in Table 1.
TABLE 1
MAXIMUM SPECIAL TAX RATES
FISCAL YEAR 2016-2017
Description
Taxable
Unit
Maximum
Special Tax
Developed Single Family
Property RU $685
Developed Multi-Family Property RU $419
Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2017 the Maximum Special Tax for Developed
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items)
for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the
preceding Fiscal Year, or ii) by four percent (4.0%), whichever is greater.
No Special Tax shall be levied on property which, at the time of adoption of the Resolution of
Formation for CFD No. 2015-1 is an Exempt Property.
C. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2015-1 from time to time.
Pursuant to California Government Code section 53339 et seq., the rate and method adopted
for the annexed property shall reflect the Maximum Special Tax rate at the then current year’s
Maximum Special Tax rate as set forth in Appendix A.
D. TERM OF SPECIAL TAX
For each Fiscal Year, the Maximum Special Taxes shall be levied as long as the Services are
being provided within the boundaries of CFD No. 2015-1.
CC Res. 2021-_____
Page 4 of 14
B-4
4815-1460-9118v3/022042-0035
E. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2015-1, any Assessor’s Parcel in
any of the following categories; (i) Assessor’s Parcels which are owned by, irrevocably offered
for dedication, encumbered by or restricted in use by any public entity; (ii) Assessor’s Parcels
with public or utility easements making impractical their utilization for other than the purposes
set forth in the easement; (iii) Assessor’s Parcels which are privately owned but are
encumbered by or restricted solely for public uses; (iv) any Assessor’s Parcel which is in use
in the performance of a public function as determined by the Administrator; or (v) any
Assessor’s Parcel which is not a Developed Single Family Property or a Developed Multi-
Family Property.
F. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not
correct may file a written notice of appeal with the City not later than twelve months after
having paid the first installment of the Special Tax that is disputed. The Administrator shall
promptly review the appeal, and if necessary, meet with the property owner, consider written
and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the
Administrator’s decision requires that the Special Tax for an Assessor’s Parcel be modified or
changed in favor of the property owner, a cash refund shall not be made, but an adjustment
shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).
G. MANNER OF COLLECTION
The Maximum Special Taxes levied in each Fiscal Year 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, the District may collect the Special Tax at a different time or in a
different manner if necessary to meet its financial obligations.
The Maximum Special Taxes when levied shall be secured by the lien imposed pursuant to
Section 3115.5 of the Streets and Highways Code. This lien shall be a continuing lien and
shall secure each levy of Maximum Special Taxes. The lien of Maximum Special Taxes shall
continue in force and effect until the Special Tax ceases to be levied in the manner provided
by Section 53330.5 of the Government Code.
CC Res. 2021-_____
Page 5 of 14
B-5
4815-1460-9118v3/022042-0035
APPENDIX A
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015-1
(SAFETY SERVICES)
ANNEXATION SUMMARY
Safety Services - It is estimated that the cost of providing police, fire protection, and paramedic
services being funded by the Special Tax for the Community Facilities District No. 2015-1 (Safety
Services) will be as follows for the Fiscal Year 2016-2017:
$685 per residential unit for Developed Single Family Residential Property
$419 per residential unit for Developed Multi-Family Residential Property
Annual Escalation - On each July 1, commencing on July 1, 2017 the Maximum Special Tax for
Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All
Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the
preceding Fiscal Year, or ii) by four percent (4.0%), whichever is greater.
Anne
x. #
Fiscal
Year Tract
Developmen
t Name
No. of
Taxab
le
Units
Land Use
Category
Maximum
Special
Tax at
Annex. Subdivider
Origin
al
2016-
17 36557 Terracina 452
Developed
Single Family
Property
$685.00
Terracina
Investors, LLC &
C/O Spectrum
Communities
Origin
al
2016-
17 36682 Senterra 74
Developed
Single Family
Property
$685.00 Pardee Homes
1 2016-
17 33486 Makenna
Court 81
Developed
Single Family
Property
$685.00 SAM-McKenna
2 2016-
17
28214
-6, -7,
-8
Skypointe at
Alberhill
Ranch
82
Developed
Single Family
Property
$685.00 KB Homes
3 2018-
19 31957 Running
Deer 96
Developed
Single Family
Property
$740.90 SAM-Running
Deer
4 2018-
19
37381
&
37382
Wasson
Canyon II 272
Developed
Single Family
Property
$740.90 Ava Karras
5 2019-
20 33267 Westlake 163
Developed
Single Family
Property
$770.53 Pardee Homes
6 2019-
20 37305 Nichols
Ranch 168
Developed
Single
Family
Property
$770.53 Nichols RD
Partners, LLC
CC Res. 2021-_____
Page 6 of 14
B-6
4815-1460-9118v3/022042-0035
7 2020-
21
30698
&
32129
Rosetta Hills 178
Developed
Single
Family
Property
$801.35
Three Strands
Properties &
Spectrum
Communities
8 2021-
22 33370 Tessera 90
Developed
Single
Family
Property
$833.41 JLJ, LP
9 2021-
22
33725
&
25475
Tuscany
Valley/
Crest
335
Developed
Single
Family
Property
$833.41
SPT- AREP III
Tuscany
Associates
CC Res. 2021-_____
Page 7 of 14
B-7
4815-1460-9118v3/022042-0035
APPENDIX B
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015-1
(SAFETY SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2015-1, as
provided by Section 53313 of the Act, will include some or all of the costs attributable to public
safety.
These services include police protection services (including but not limited to criminal justice
services), fire protection and suppression services, and paramedic services.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special
tax may be expended to pay “Administrative Expenses” as said term is defined in the Rate and
Method of Apportionment and to establish an operating reserve for the costs of services as
determined by the Administrator.
The above services shall be limited to those provided within the boundaries of CFD No. 2015-1
and the Future Annexation Area of CFD No. 2015-1 or for the benefit of the properties within the
boundaries of CFD No. 2015-1 and the Future Annexation Area of CFD No. 2015-1, as the
boundary is expanded from time to time by anticipated annexations, and said services may be
financed by proceeds of the special tax of CFD No. 2015-1 only to the extent that they are in
addition to those provided in the territory of CFD No. 2015-1 before CFD No. 2015-1 was created.
CC Res. 2021-_____
Page 8 of 14
B-8
4815-1460-9118v3/022042-0035
APPENDIX C
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015-1 (SAFETY SERVICES)
PROPOSED BOUNDARIES AND BOUNDARIES - FUTURE ANNEXATION AREA
CC Res. 2021-_____
Page 9 of 14
B-9
4815-1460-9118v3/022042-0035
1
4837-7854-9726v3/022042-0035
PETITION TO THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE REQUESTING INSTITUTION OF PROCEEDINGS TO
ANNEX CERTAIN PROPERTY TO COMMUNITY FACILITIES
DISTRICT NO. 2015-1 (SAFETY SERVICES) OF THE CITY OF
LAKE ELSINORE
1. The undersigned (the “Owner”) is the owner of more than 10% of the land
depicted in Exhibit A hereto and described in Exhibit B hereto (the “Property”), which Owner
desires to be annexed to Community Facilities District No. 2015-1 (Safety Services) of the
City of Lake Elsinore (the “District”). The Property is located within the City of Lake Elsinore
(the “City”) in the County of Riverside.
2. The Owner requests that the City Council of the City (the “City Council”)
institute proceedings to annex the Property to the District pursuant to Chapter 2.5
(commencing with Section 53311), Part 1, Division 2, Title 5, of the Government Code of the
State of California, commonly known as the “Mello-Roos Community Facilities Act of 1982”
(the “Act”).
3. The boundaries of the Property which is proposed for annexation to the District
are those depicted in Exhibit A hereto and described in Exhibit B hereto.
4. The Owner requests that, upon annexation to the District, the District provide
certain services within the Property (the “Services”) including police protection services
(including but not limited to criminal justice services), fire protection and suppression services,
and paramedic services as further described in Resolution No. 2016-035 adopted by the City
Council on April 12, 2016.
5. The Owner further requests that upon the approval at a special election to be
held within the Property, the City Council, as legislative body of the District, annually levy
Special Tax (as defined in the Rate and Method of Apportionment for the District (the “Rate
and Method”)) for the Services on the Property in accordance with the Rate and Method.
Dated: March __, 2021
SPT- AREP III Tuscany Associates, LLC
a Delaware limited liability company
By:
Name: Brian Rupp
Title: Executive Vice President, Real Estate
A-1
4837-7854-9726v3/022042-0035
EXHIBIT A
ANNEXATION BOUNDARY MAP
B-1
4837-7854-9726v3/022042-0035
EXHIBIT B
LEGAL DESCRIPTION
Real property in the City of Lake Elsinore, County of Riverside, State of California, described as
follows:
Assessor’s Parcel Nos:
349-240-006
349-380-024
349-380-025
349-240-043
349-240-044
349-240-045
349-240-046
349-240-047
349-240-054
349-240-055
349-240-056
349-240-034
349-240-038
349-240-072
349-240-075
PROJECT MAP CFD NO. 2015-1 (SAFETY SERVICES) ANNEXATION NO. 9