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DOS VIENTOS B
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4/30/2021 4:41:32 PM
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4/30/2021 4:34:07 PM
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Agenda
Date
5/6/2021
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yy WILLDAN <br />Dos Vientos Ranch Specific Plan No. 8 and Specific Plan No. 9 specifically for the <br />particular and distinct benefit of the properties developed within those specific <br />plans. The assessments and method of apportionment established for the District <br />are based on the premise that the assessments will be used for the annual <br />maintenance, as well as expansion and enhancement of the parks, open space <br />areas and recreation system within the Specific Plan areas and the revenues <br />generated over the duration of the District will be used to ensure the appearance, <br />integrity, and longevity of those improvements. <br />The Assessment Law does not specify the method or formula that should be used <br />in any special assessment proceeding, but that the Assessment Engineer shall <br />make an analysis of the facts and recommend the apportionment of the <br />assessment. The analysis must consider the proportional special benefits <br />properties receive by the works of improvement to be maintained and is not <br />necessarily limited to the current use of the property. <br />In conjunction with the provisions of the 1972 Act, the California Constitution Article <br />XIIID addresses several key criteria for the levy of assessments, notably: <br />Article XIIID Section 2d defines District as follows: <br />"District means an area determined by an agency to contain all parcels which will <br />receive a special benefit from a proposed public improvement or property -related <br />service." <br />Article XIIID Section 2i defines Special Benefit as follows: <br />"Special benefit" means a particular and distinct benefit over and above general <br />benefits conferred on real property located in the district or to the public at large. <br />General enhancement of property value does not constitute "special benefit. " <br />Article XIIID Section 4a defines proportional special benefit assessments as <br />follows: <br />"An agency which proposes to levy an assessment shall identify all parcels which <br />will have a special benefit conferred upon them and upon which an assessment <br />will be imposed. The proportionate special benefit derived by each identified parcel <br />shall be determined in relationship to the entirety of the capital cost of a public <br />improvement, the maintenance and operation expenses of a public improvement, <br />or the cost of the property related service being provided. No assessment shall be <br />imposed on any parcel which exceeds the reasonable cost of the proportional <br />special benefit conferred on that parcel. " <br />The method of apportionment (method of assessment) set forth in the Report is <br />based on the premise that each assessed property receives special benefits from <br />localized parks, open space areas, and recreational improvements that are funded <br />by the assessments, and the assessment obligation for each parcel reflects that <br />parcel's proportional special benefits as compared to other properties that receive <br />special benefits. <br />2021/2022 Landscape Maintenance District No. 94-1 Page 14 of 23 <br />
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