Turlock Municipal Code Art. 9 Community Facilities District Number 3

This article shall be known and may be cited as the "Community Facilities District Number 3 Maintenance Services."

(Ord. 1333-CS, 9/25/2025)

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 necessary public maintenance and operational services to properties within the Community Facilities District Number 3; and

(b) To fund all of the annual estimated costs and expense of maintaining and operating such facilities and providing related services as permitted by the Mello-Roos Community Facilities Act of 1982; and

(c) To establish a reliable and consistent mechanism for financing unfunded public maintenance and operational costs that are reasonably related to new development; and

(d) To maintain the fiscal health and stability of the City by ensuring that properties pay their share of the maintenance and operational costs of public services within the City; and

(e) To ensure that public services are expanded and maintained at a pace that corresponds with the rate of development, thereby meeting the increasing demand for services while preserving the City's established level of service, including, but not limited to, streetlighting, landscaping, street maintenance, and storm drain maintenance; 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.

(Ord. 1333-CS, 9/25/2025)

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:

"Development project"

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

(Ord. 1333-CS, 9/25/2025)

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 3 ("CFD No. 3").

(Ord. 1333-CS, 9/25/2025)

(a) No land shall be developed or subdivided for residential or nonresidential 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 development project, whether residential or nonresidential, located within the City limits and requiring approval of a parcel map, subdivision map, general plan amendment, rezoning, 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 required to annex into and participate in CFD No. 3. Such participation shall include the obligation to pay a proportionate share of the costs for the ongoing maintenance and operation of public improvements directly related to or necessitated by the proposed development. Said improvements shall include, but are not limited to, street lighting, landscaping, street maintenance, sidewalk maintenance, street tree maintenance, and storm drain maintenance.

(c) A proposed development project shall be deemed to have complied with the provisions of subsection (b) of this section if the subject property has been annexed into CFD No. 3 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 CFD No. 3 is not necessary.

(d) As an alternative to annexation into CFD No. 3, the proposer of a development project may provide moneys which, in the sole determination of the City, shall be sufficient to provide the services described in CFD No. 3 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.

(e) Notwithstanding TMC §§ 7-2-601, 7-7-206, and 7-7-210, the City will repair sidewalks and prune street trees within CFD No. 3, but this does not absolve any property owners of their obligations under those sections and other sections of the TMC to properly and safely maintain sidewalks and street trees.

(Ord. 1333-CS, 9/25/2025)