Turlock Municipal Code Art. 8 Community Facilities District Number 2

This article shall be known and may be cited as the "Community Facilities District Number 2 Special Tax Administration Policies and Procedures."

(1238-CS, Added, 12/28/2017)

The provisions of this article are adopted to promote the public health, safety, peace, morals, comfort, convenience, and general welfare of the citizens of the City and to implement the goals and objectives of the General Plan of the City. Particularly, the provisions of this chapter are adopted for the following reasons:

(a) To provide an adequate and constant method for the financing of the unfunded public service costs that are reasonably related to projected community growth; and

(b) To maintain the fiscal stability of the City of Turlock by ensuring the costs associated with new growth do not exceed revenues; and

(c) To minimize the negative effects of growth by ensuring that growth pays its share of the ongoing costs of providing public safety and park services within the City of Turlock; and

(d) To meet the increasing demand and maintain established level of service standards for public services, including, but not limited to, police, fire and park maintenance; and

(e) To establish reasonable basis for distributing the costs of public services to new residential development; and

(f) To comply with the provisions set forth in the Mello-Roos Community Facilities Act of 1982, Section 53311 et seq., of the Government Code of the State.

(1238-CS, Added, 12/28/2017)

For the purposes of this article and the resolutions adopted pursuant thereto, unless otherwise apparent from the context, certain words and phrases used in this chapter and such resolutions are defined as follows:

(a)

"Dwelling"

shall mean a single-family or multifamily residential building used, intended, or designed to be built, used, purchased, rented, leased, let or hired out to be occupied for independent living purposes which includes provisions for living, sleeping, eating, cooking and sanitation by a single household. A dwelling may be a single-family dwelling unit, a duplex, a townhouse, a multifamily building, a mobile home, or a condominium unit.

(b)

"Dwelling unit"

shall mean a single residential dwelling located on a single parcel or a separate independent unit within a duplex, townhouse, or multifamily residential dwelling.

(c)

"Residential project"

shall mean the preparation of land and infrastructure for one or more dwellings which may include the subdivision of property creating one or more residential lots, the designation of land in the General Plan land use diagram or the Zoning Map of the City of Turlock for residential purposes, the construction or placement of one or more new dwellings on a parcel of land, the annexation of territory for residential development purposes, or other similar development activities.

(1238-CS, Added, 12/28/2017)

The procedures set forth in the Mello-Roos Community Facilities Act of 1982, Section 53311 et seq., of the Government Code of the State shall be applied to the administration of Community Facilities District Number 2 ("CFD No. 2").

(1238-CS, Added, 12/28/2017)

(a) No land shall be developed or subdivided for residential purposes which is not in conformity with the General Plan and any Specific Plan of the City or permitted by any applicable provisions of this Code.

(b) Any residential project that could result in the development of one or more residential dwellings in the City limit requiring approval of a parcel map, subdivision map, general plan amendment, rezone, planned development, area-wide plan, annexation, or discretionary permit pursuant to TMC Title 11 (Subdivisions), Chapter 9-5 TMC (Administration), or TMC 9-2-113 (Planned developments), shall be subject to mitigating the increased demand on public services, including, but not limited to, police, fire and park maintenance.

(c) A proposed residential project shall be deemed to have complied with the provisions of subsection (b) of this section if the subject property has been annexed into Community Facilities District No. 2 (Services Mitigation) of the City of Turlock ("CFD No. 2") according to the procedures and requirements set forth in the Mello-Roos Community Facilities Act of 1982, Section 53311 et seq., of the Government Code of the State, unless the City Council, in its discretion, determines that inclusion in the District is not necessary.

(d) As an alternative to annexation into CFD No. 2, the proposer of a residential project may provide moneys which, in the sole determination of the City, shall be sufficient to provide the services described in CFD No. 2 for the proposed project in perpetuity. The proposer shall be financially responsible for the preparation of research, studies, documents, and processes undertaken by the City to make this determination.

(1238-CS, Added, 12/28/2017)