HomeMy WebLinkAboutCT 81-39; Rancho La Costa Inc; 81-315859; Public Facilities Fee Agreement/Release.
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1\GJXK;EJ~:T l3ET~*'~~'!"l l)l-:V~T,C)P13I~-O~.,~?~R ,,,A,,-
AND l!IJE CITY OF' CAl:J.,Sf?r‘!D FOR TJJE
~~~YhWI’ OF A PU!?T,IC I’ACIJ,J’J’I?‘S IXE - .I
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THIS AGRlX,u\ "v"T is entered into this 17th day of September 'r
- 19 81 ; . . by and lxztxecn -
. - ' * RANCHO I&COSTA, INC. c (name of dcvelopizr-oy:ner) . .
a Corporation ,hereinafter referred to as .
(Corporation, partncrr,ili.p, etc.j
"Developer", whose address is Costa de1 Mar Road 1 (street)
Carlsbad, California 92008
(city, ,state, zj-53 code)
, and THE C1T.Y OF
CARLSl3AD, a municipal corporation of the'?tate of Calicornia, . '
l~&einafter referred t.9 as !City", whose.address is 1200 Elm '
Avenue, 'Carlsbad, California, 9200E. . . r. . .
W I T J4 E S S E T K:
WEIUXS, Devcl.opcr is the owner of the real property described
on Exhibit "A", attached .hereto and made a part of this agreement,
hereinafter referred to as "Property"; and .
WEREAS I the Property lies withi.n tile boundaries of City;
and .- . -
. WlEr~AS, Dcvclopcr proposes a dcvclo$wnt project as follows: . . *
.78-Un%t Condominium ~1-315559
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n saj.d Property, ~rhich dcvclopmcnt carries. the proposed name
Of La Costa Condominium Unit No. 5
and is hereafter referred to as "Development"; and will file ' - WEl?EAS , Developcr/~on the 24th day of September !' , 7 -- :
19' 81 , with the City a request for Tentative Map; '
Condominium Permit; and Special Use Permit c rB/-39/~pi/8s
xc24cB Y3&3? m2/5 **
(here'inafter referred to as "Request"; and
WJJEREAS, the Public Facilities Element of the City General
Plan requires that the City Council find that all public : _. -
\ facilities necessary to serve a development will be available
concurrent with need or such development qhall not be "approved
. (said element is on file with the City Clerk and is incorporated
by this reference; and .
lwEIu3~S, Developer and City recognize the correctness of
-Council Policy No. 17, attached to and made a part of this
agreement, and that the City's public facilities and services
are at capacity and will not be available to accommodate the
additional need for public facilities an&services resulting -_
from the proposed Development; and
WJII:I:EAS , Developer h2.s Asked the City to find that public
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Y . facilities and services will. be available to meet the future
llC?C?dS of tbc Development as it is presently proporxd; but the
Dcvclopcr is awcrc that the- City cannot and will not be able to
i mnkc ally such finding withou'i financial assir;tiincc to pay for
. .SUCll . :;crvl.cc::; nnd fncilitic!; ; and, t~hcrl~cfo~-0, Dcvcl.opcr prop0.sc.s .
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<o'hclp satisfy t he Cc~~cral Plan as impl.cmcntcd by COI 1
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ncil Policy
No.. 17 by payment of a public facilities fee.
NOW, TIIJXI~~ORE, in consideration of the recitals and the
‘covenants contained herein, the parties agree as follows: -
1. The Developer shall pay to the City a public'fncilities
fee in an amount not to cscecd 2% of the building permit valuation
'. of the buildings or structures to he constructed in the DeVCIOpJxent .
pursuant to the Request. The fee shall be paid prior to the * issuance of building or other construction permits for the develop-
men-t and shall be based on the valuation at that time. This. fee
shall be in addition to any .fees, dedications or improvements
~rcquired pursuant to Titles 18, 20 or 21 of the Carl.sbad Nunicipal
Code. A credit tov?ard such fee shall be given for land which has ‘ . been dedicated for park purposes or for any fees paid in lieu .. .
thereof pur.suant to Chapter 20.4-1 of the Cnrlsbad Municipal Code. .
.Devcloper shall pay a fee for conversion of existing buildings or
-structures into condominiums in an amount not.to exceed 2% of the
. building permit valuation at the time of conversion. The fee for a
-condominium conversion shall be paid.prior to the issuance of a
condominium conversion permit as providcd.in Chapter 21.47 of the _ 'Carlsbad Mun.i.cipal Code. Condominium shail includc commwity
ap?rlment or stock cooperative. The terms wotlwr construction .
permits" , . "otl~er cpnstruction permit" and "entitl.cmcnt for use" as
used in this agrccmcnt, exccptin rcfcrcncc to n~ol~i3.chon~c sites or
pro jccts , shall not rcfcr tY0 grading permits or other permits for
I 1 thC COJlf;tl:UC t:iOll Of \ll~C‘1C1-~~Oul~d Or strcc~t iml'l-^ovc~incnts u~~lcss 110
IICII pcnnit is IIC’CC~~~- . . ..ary pr.i.0~ to the. ti:jc or occupancy for w1lj.c II
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ic the dcvclopmcnt is intcndcd. Devclopcr sl1al.1 pay to City a pub1
facilities fee in the sum of $1,150 for each mobilel~omc space to he
constructed pursuant to the Request. The fee shall he paid prior
to the issuance of building or other construction permits fo'r the * .
deve lopmcnt. This fee shall be in kddition to any fees, dedications
.. . or improvements required according to Titles 18, 20 or 21 of the ,
Carl&ad Munic.ipal Code. A credit toward.such fee shall be given
for land which has been dcd.icated for park purposes or for any fees I - paid in lieu thereof pursuan t to Chapter 20.44 of the Carlsbad
Municipal Code. . : : ._ -
2. The Developer may offer to donate a site or sites for : .
-public facilities in lieu of all or part of.the financial obligation . . agr'eed upon in Paragraph 1 above. If Developer offers t0 .: . .
donate a site or sites for public facilities, the City shall
. * *consider, but is not obligated to accept the offer. The time for
.iionation and amount of credit against the,fee shall be determined
-. .by City prior to the issuance of any building or other permits. . .
Such determination, when made, shall become a part of this agree-
ment. Sites donated under this paragraph shall not include improvements __ - .
r6quirc.d pursuant to Tiflcs 18 or 20 of the Carlsbnd Municipal
- Code. . . . a
3. This , ncjrcemcnt and the fee paid'pursuant hereto are
r-cquircd to cnsurc'thc consis tcncy of the Dcvclopment with the
City’s Gcncrnl Plan. If the fee is not paid as provided hcrcin, .
the City will not 11nvc tllc funds ( - to provide public Facilities and
. . * .sc!r\‘3.ccp 31 nnc'l t11c ~~uvc~lo~~~:ncnt will not lx conr;i:;tcnt with the
GClIC?l-ill Plc211 itI>< Ll11j’ ;l]3~JIfYO\7J3. OlT pc.2x-nY.it: fO1: tllC ~~VC.IO~~Ii~Clltl ,Sh~13.1.
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. . . . .x2 void. 170 buiJ.ding or other construction permit or cntitlcment
for use shall be issued until the public facilities 'fee required by
this agreement is paid.
4. City ayrccs to deposit the fees paid pursuant to this
agrecmcnt in a publ.ic facilities fund for the financing of public
facilities when the City Council dctcrmines the need exists to
provide the facilities and sufficient funds from the payment of
this and similar public facilities fees are available.
5. City agrees to provide upon request reasonable assurances
to enable Developer to compJ,y -with any requirements of other public
agencies as evidence of adequate public facilities and services
sufficient to accorrdnodate the needs of the' Development herein
des&ibed.
6. All obligations hereunder shall terminate in the event
the Requests made by Developer are not approved.
3 7. Any notice from one party to the other shall be in .
writi.?lg , and shall be dated and signed by the party giving such
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notice or by a duly authorized representative of such party. Any
such notice shall not be effective for any purpose whatsoever __
tinless served in 011~ of the following manners:
. . 7.1 If notice is given to the City. by personal delivery
thereof to the C.itl;r_ or by depositing same- ia the United States
Mail., sddrcsscd to the City at the address set forth herein,
enclosccl in a scaled cnvcloLje, addrcsscd to the City for attention
i of 1311~2 City Ikm;ic~cr , postacjc prcpsi cl and ccrtificd.
. . 7.2 If notice is given to Dcvcl.opc~r by personal dcli\~ery .
tl>c~:c!~)f to Dcvcl Opcti- OL' by cIcpor;itj ng tl~c! s;~;:Ic in t11c United .$t;lt;cs
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. 14 ail , enclosed in a sealed envelope, addrcsscd to Developer at the
address as may have been designated, postage prepaid and certified. .
8. This agreement shall be binding. upon and shall inure to .
the benefit of, and shall apply to,:the respective succ'essors and
. assigns of Developer and the City, and rcfercnccs to De\c'elopcr I
or City herein shall be deemed to be reference to and include their
respective successors and assigns without specific mention of such
successors and assigns. If Developer should cease to have any
interest in the Property, all obligations of Developer hereunder .
shall terminate; provided; .hoWever, that any successor of Developer's
interest in the Property shall have first assumed in writing the .-
Developer's obligations hereunder. :
.9. This agreement shall be.'recorded but shall not create ;
a lien or securi-21 interest on the Property. When the obligations
'of this agreement
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ha.~7e. been satisfied, City shall record a release.
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IrJ IKCTIJI~SS ~!111~l?I~O)r', . this agreement is cxccutcd in San Dicgo
. Couiity; California as of the date first written above. .
.
e . RANCH0 LA COSTA; INC.
* (Name) .
BY -lisAAL Burton L. Senior Vice President-
(Title)
By Elaine Thomas Assistant Secretary . . -(TTtle)
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L .’ ii'!T13ST: .
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CITY OF ~CARISBAD, a municipale cdrporntion of the State of Cal.ifornicl
City Nanager
bJbL4-G , City Clerk\ :
APPROVED AS TO FORM: A6 TO I
BtONW&
A
City Attorney . . . . 1. * .
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(Nol-.arial acknowlcdgcmcnt of exbcution by D~V131;OL'~R-O~i7~~~1~ lnust be attxchcd.) .
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TO 449 CA (5-73)
(Corporation )
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STATE OF CALIFORNIA
San Diego COUNTY OF > ss. 7' 507
t
On September 17. 1981 before me, the undersigned, a Notary Public in and for said
State, personaIly appeared Burton L . lkamer 1 . u known to me to be the Senior Vice- President, and no Thnm;lr
ii known to me to be Assistant s ecretary of the
i known to me to be the persons who executed the within
corporation that executed the within Instrument,
2 Instrument on behalf of the corporation therein named, and a:
k
acknowledged to me that such corporation executed the within mstrument pursuant to its by-laws or a resolution of its board
I of directors.
, WITNESS my hand and official seal.
5 SAN DIEGO COUNTY
! Signatur
Name (Typed or Printed)
(This ma for omcial notarial seal)
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'EXHIBIT "A'*
DESCRIPTION OF PROPERTY:
Lot 3 of La Costa Condominium No. 4, Map 6520 and
a Portion of Lot 14 in Section 35, T.l2S;, R.4W.,
S.B.M., according to official plat thereof, in the
City of Carlsbad, County of San Diego, State of
California.
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’ Page 1 of 4 1' ' CITY OF CAKLSBAD 509 -\licy No. 17 -
COUNCIL POLICY STATEMENT , Date Issued 8-29-79
General Subject: Requirements Necessary to satisfy the Public Effective Date 8-29-79
Specific Subject: Facilities Element of the General Plan Cancellation Date
‘I Supersedes No.17 issued I - 9-6-78
Copies to: City Council, City Xanager, City Attorney, Department and Division Heads; Employee Bulletin Boards, Press, File
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BACKGROUND:
The Public Facilities Element of the General Plan requires that before giving approval to zoning, rezoning, development or redevelopment proposals, the public health and safety and the general welfare of the community and all its citizens require that the proponent of any such actions shall present evidence satisfactory to the City Ccuncil that all necessary services and facilities will be available concurrent with need.
For those services and facilities provided by-another entity, the Council has and will continue to be guided by a letter of availability from such entity. For those services provided by the City, the Council has previously,relied on a report of availability from the City Staff. On July 3, 1479 the City Manager reported that in the future such services and facilities could not be made available to new development from the City',s resources.
PURPOSE:
1. To establish a policy regarding the requirements which must be met before the City Council will find that the Public Facilities .Element has been satisfied. ,
2. To establish a policy that will allow development to proceed in an orderly manner while insuring that the requirements of the Public Facilities Element will be satisfied by establishing a fee to fund the cost of City-provided facilities, including but not limited to: Parks, major streets, traffic signals, storm drains, bridges and public buildings such as fire stations, police facilities, maintenance yards, libraries and general offices which will- insure they will be available concurrent with need.
POLICY:
1. In determining whether or not service provided by another entity will be available concurrent with need in connection with a development, the Council, in the absence of evidence to the contrary, shall be guided by a letter of availability from that entity, provided, however, developments which are required to dedicate-land or pay fees for school facilities pursuant to Chapter 21 .55 of the Carlsbad Municipal Code, shall be deemed to have satisfied the Public Facilities Element in regard to schools for that development without the necessity for an availability letter.
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’ ,A ‘, 4 . CI=Y OF CARLSBAD . '. . ~10 I *
, COUNCIL POLICY STATEMENT
General Subject: Requirements Necessary
Specific Subject: to satisfy the Public Facilities Element of the General Plan
Page 2 of 4
-)licy No.17
Date Issued 8729-79
Effective Date 8-29-79
Cancellation Date
*Supersedes 110.~~ issued 9-6-78 -
Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File
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2. The City Council finds that the'report-entitled, "A Public Facilities Fee for the City of Carlsbad", dated July 3, 1979, accurately reflects the City's need for and lack of ability to provide public facilities and services to new development and it is hereby approved,
The Council also finds that the continued development of the City, with the consequent increase in population and in the use of public facilitiesl will impose increased requirements for such . facilities, including but not limited to parks, major streets, traffic signals, storm drains, bridges and public buildings, such as fire stations, police facilities, maintenance facilities, libraries and general offices. The necessity for such facilities results directly from new construction and the need cannot be met from ordinary City revenues. The most practical and- equitable method of paying for such facilities is to impose a fee upon new:.development in the City. Payment of such a fee will enable the City to fund a construction program to provide public facilities. If a development agrees to pay the public facilities fee established by this policy, the Council will be able to find that all 'necessary public facilities and services will be available concurrent with.need and that the requirements of the Public Facilities Element have been met. If that finding,cannot be made, the City Council will be required to disapprove the development.
' 3. Prior to approval of any zoning, rezoning, development or redevelopment proposal, the applicant shall pay or agree to pay a public facilities fee in the amount of 2% of the building permit valuation of the buildings or structures or $1,15O'for each mobilehome space'to be constructed pursuant to such approval. The fee shall be paid prior to issuance of building or other permits and shall be based on the valuation at that time.
4. A credit toward the fee imposed by this policy shall be given .for land which has been dedicated for park purposes or for any fees paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code.
5. All proceeds from the fee collected pursuant to this'policy sh,all be paid into a special capital outlay fund of the City entitled, "Public Facilities Fund". The fund shall be used only for the purpose of acquiring, building, improving, expanding and equipping public
property, and public improvements and facilities including but not limited to the following types of capital projects: Public buildings (such as fire stations, police facilities, maintenance and yard facilities, libraries and general city offices) parks, major streets,
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,’ ,~ l L C?----? OF CARLSBAD' 511
COUNCIL POLICY STATEMENT
General Subject: Requirements Necessary
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Specific Subject: to-satisfy the Public- Facilities Element of the General Plan
Supersedes No.17 issued 9-6-78
Page 3 of 4
alicy No.17
Date Issued 8-29-79
Effective Date 8-29-79
Cancellation Date
Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File
traffic signals, storm drains, bridges and other'similar projects as the Council may deem necessary and appropriate. Designation of expenditures of funds available from the fund shall be made by the City Council in the context of approval of the City's annual operating and capital improvements budget or at such other time as the Council may direct.
6. The following exceptions from payment of the fee shall apply: -
(a) The construction of a building or structure or mobilehome space which is a replacement for a building or space being removed from the same lot or parcel of land. The exception shall equal but not exceed the fee which would be payable hereunder if the building being replaced were‘*being newly constructed. If the fee imposed on the new building eaceeds the amount of this exception, such excess shall be paid, .1
(b) Accessory buildings or structures in mobilehome parks, 'such as a club house, swimming pool, or laundry facilities.
(c) Buildings qr structures which are clearly accessory to an existing use such as fences, pools, patios and automobile garages.
z (d) The City Council may grant an exception for a low cost housing project where the City Council finds such project consistent with the Housing Element of the General Plan and that such exception is necessary. In approving an exception for low cost housing the 'City Council may attach conditions, including limitations on rent .or income levels of tenants. If the City Council finds a project is not being operated as a low cost housing project in accordance with 'all applicable conditions, the fee, which wo-uld otherwise be imposed by this chapter, shall immediately become due and payable. 7. There is excluded from the fee imposed by this policy:
(a) Any person when.imposition of such fee upon that person would be in violation of the Constitution and laws of the United States or the State of California,
(b) The construction of any building by a nonprofit corporation exclusively for religious, educational, hospital or charitable purposes.
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COUNCIL POLICY STATEXENT Date Issued 8-29-79
Effective Date 8229-79
Cancellation Date
General Subject: . Requirements Necessary to satisfy the Public Specific Subject: Facilities Element of the General Plan
Supersedes No. J 7 isglpd 9-6-78
Copies to:' City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File
(c) The construction of any building by the City of Carlsbad, the United States or any department or agency thereof or by the State of California or any department, agency or political subdivision thereof.
8. The City Manager shall be responsible for the administration and enforcement of this policy. His decisions may be appealed to the City Council whose decision shall be final.
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