04 ATTACHMENT 3 - Laserfiche WebLink

PAGE 17 In other words, the landscaping Improvements maintained by the proposed Assessments specially benefit the properties within the Maintenance District, but other nearby improvements primarily benefit other proximate properties. Nonetheless, there could be certain properties that are outside the boundaries of the Maintenance District and that may benefit from the landscape Improvements. After close examination, and based on the location of the Windsor development, with Interstate 680 to the east,Arroyo de la Laguna to the west, and Bernal Avenue to the south, it was concluded that there are no proximate parcels that could be identified as receiving any special benefit from the Maintenance District Improvements. If any parcels were proximate to the Windsor development, and if it was identified that those parcels receive some special benefit from the improvements, those benefits would likely be improved views, proximity and/or access, but would not receive extension of outdoor areas nor the special benefit of parcel creation. Since those adjacent properties would only receive a 3 of the 5 major special benefits, a 60%factor would be applied. Total General Benefit to Properties Outside of the District= 0.0%: Assumptions; 0 parcels outside and adjacent to the District 90 parcels in the Maintenance District Calculation General Benefit to Property outside the Improvement District= (0/(0 + 90)) *60% = 0.0% BENEFIT TO PROPERTY INSIDE THE DISTRICT THAT IS INDIRECT AND DERIVATIVE=0% The"indirect and derivative" benefit to property within the Maintenance District is particularly difficult to calculate. A solid argument can be presented that all benefit within the Maintenance District is special, because the Improvements are clearly"over and above"and "particular and distinct" when compared with the unique proximity, access and views of the Improvements enjoyed by benefiting properties in the Maintenance District. Nevertheless, the SVTA decision indicates that there may be general benefit"conferred on real property located in the district."A measure of the general benefits to property within the Maintenance District is the percentage of land area within the Maintenance District that is publicly owned, open to the public, and used for regional purposes such as major roads, rail lines, hospitals, and other regional facilities because such properties, while physically within the Maintenance District, are used for regional purposes and could provide indirect benefits to the public at large. In this case, essentially 0% of the land area is used for such regional purposes. Cm of PLEASANTON LIGHTING&LANDSCAPE MAINTENANCE DISTRICT NO.1993-1,WINDSOR SCtConsultingGroup ENGINEER'S REPORT,FISCAL YEAR 2019-20