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HomeMy WebLinkAboutMS 437; LEWAK, JERRY AND JOLANTA R; 80-129320; Public Facilities Fee Agreement/Releaserr.ccr. A -ter" Recording Return to: t.'iuy C'ltirk 1200 Elm Ave. Carlsbad, CA 92008 AGh::X>,,li:!;r BPTWEjiN DVrvrLOPKR" OVK3R Mr) TLJ- CITY OF CARLEL^D ?on THE ,%„, i£ q r? e:'iwvri^NT OF A i^Lie j—h^,iT^EC_ PEE " r oot-.t THIS AGRED-IENH1 a r; entered into thin _«?.P^clciy of _f *—'_C fhere-inajiter referred to PS (COj:porai:..i.O}i., pa:; tnershi.p , c tc . ) rDeveloper" , v.'hose address is RjF3) _ t^^-^^lT mr § r- aj vSurcet-,' Z H rn So.g , and THE CITY OF o o CART^SK/iD, a inunicipul corporation of tha Gtate of California. ^ a Jfj " * C? C3 $ h.-ro3nafLer referred, tc as "City", v/hoM address is 1200 Eiiu om" §3;-ivenue, Carlsbadr California, S200S.. . g «J W I IL N E S S E T II: VvHERBAS, Developer is the ov.7ner of the real property described on Exnibit "7\'' , at.tacli.ed hereto and rcia.dc a part of this agreerront. berelviafter referred to as "Property" ; ana VIlIE?J!f,?\S, tiie Property lies vifhir. the boundaries of City; VJIIE^EJiS, Developer proposes'to construct 5 42 on said Property, which development carrier? "the proposed name of #g MIC? c*j PALI & and is hereafter referred to as ''Development" ; and WHEREAS, Developer filed on the g TJ^clay of ' with the citY a request for CflA/2>O MtA/J ^ A ??fro i/A 6 . .o r A ONg LOT TgV77fTi (/c (hereinafter referred to as "Request"; and VWiEREJiS, 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 shall not be approved (said element is on file with the City Clerk and is incorporated by this reference; and VJHBKEAS f 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 and services resulting from the proposed Development; and WHEREAS, Developer has .asked the City to find that public facilities -and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any. such finding without, financial assistance to pay 'for such, service.?, and facilities ; and, therefore, Developer proposes 2. ' 543 to help satisfy the General Flan as implemented by Council Policy No. 17 by payment of a public facilities fee. •NOW, THSL-FPORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay tc the. City a public facilities fee in the amount of 2% of the building permit valuation of the buildings or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the Develop- ment and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 13, 20 or 21 of-the Carlsbad Municipal Code. A crelit toward sxich fee shall be'given for land which has boen dedicated for park purposes or for any fees paid in lieu thereof pursuant to Chapter 20,44 of the Carlsbad Municipal Code. Developer shall pay e. fee for conversion of existing buildings or structures into condominiums in an amount equal to 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 provided in Chapter 21,47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the-City shall consider, but 3," 544 is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issi.iance of any building cr other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 13. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Flan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the Development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall.'be issued until the public facilities fee required by this agreement is paid. 4> City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines 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 assurance to enable Developer to. comply with any requirements of other public agencies as evidence of adequate public facilities and .services.sufficient to accommodate the needs of the Development herein described. 4'. 545 6. All obligations hcreunder shall terminate in the event the Bequests made by Developer are not approved. 1. Any notice, from one party to the other shall be in writing, ancl shall be dated and signed by the party giving such notice or by a duly authorised representative of svch party. Any such notice shall net be effective for any purpose whatsoever unless served in one of the following manners. 7.1 If notice is given to the City by personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice is giver to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope,, addressed to Developer at the address as may have been designated, postage prepaid and certified. . 8. This agreement shall be finding upon and shall inure to the benefit of, and shall apply to, the respective successors and. assigns of Developer and the City, and references to Developer or the City herein shall bo deemed to be reference to and iricluf;;- their respective successors and assigns without specific r.ention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligation of Developer hereur.cer shall terminate; provided, however, that any successor of Developer's interest in the Property shall have 546 first assumed in writing the Developer's obligations he.reunder. 9. This agreement shall be recorded. When the obligations of this agreement have been satisfied, City shall record a release. IN WITNESS WHEREOF, this agreement is executed in San Diego County,- California as of the date first written above. DEVELOPER-OWNER:CITY OF CARLSBAD, a municipal corporation of the State of California By City Manager (Title) ATTEST: .ALETHA- L. 'RAUTEEKRANZ, City Clerk Tn JFOPM- APPROVED AS TO -L W / ,L W^Vii . ^ HM/Vr-MT ^ nl^MF / By, Daniel S. Hentsc$W A'ssistant (Notarial acknowleigs^ent of execution by DEVELOPER-OWNER must be attached.) 6. Misc.-166 (OS.) ,Ack. Individual (Rev. 9TI ) Staple Stapie g. T3 3•o «-.ct o- *t B I°- SC/J a S 3 The land referred to in this is b^uated in &e 'County of _, SAH PI2G State of California, and is described as follows:546 THE EASTERLY 75.5 FEET OF THE SOUTE2SLT 115 FEET OF LOT 4 IN BLOCS. *'&" OF PALISADES HO. 2, IN THE CITY OF CASLSBAD, COUNT! OF SB! DIEGO, STATE OF CALirOXKIA, ACC03DI25G TO K&P THEREOF SO. 1803 FILED IN THE OFFICE OF THE CCXiSTT EECQXDSS. OF SAH DIEGO COCSTY, ADGOST 25, 1924. •i 549•"' , , " CI1. OF CARLSBAD w * . - COUNCIL POLICY STATEMENT General Subject: " Requirements Necessary to satisfy the Public Specific Subject: Facilities Element of the General Plan Page 1 of 4 . licy No. 17 Date Issued 8-29-79 Effective Date 8-29-79 Cancellation Date Supersedes _Ho.l7 issuecL 9-6-78 Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File BACKGROUND:. . ..-., , . — ' t 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 genera.l welfare of the community and all its citizens require that the proponent of any- such actions shall present evidence satisfactory to the City Council that all necessary services and fcicilities 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, 1979 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 x^hich 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. - '.. " ' • CI1. OF CARLSBAD . COUNCIL POLICY STATEMENT General Subject: Requirements Necessary to satisfy the Public Specific Subject: Facilities Element of the General Plan Page 2 of 4 ,licy No. 17 Date Issued 8-29-79 Effective Date 8-29-79 Cancellation Date Supersedes "No.17 issued 9-6-78 Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File 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 facilities, 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 $1,150 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 impose'd 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 shall 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 impiroveinerits 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, »• General Specific 551 CIrl* OF CARLSBAD COUNCIL POLICY STATEMENT Subject: Subject: Requirements Necessary to satisfy the Public Facilities Element of the General Plan Page 3 of 4 l^.licy No. 17 Date Issued 8-29-79 Effective Date 8-29-79 Cancellation Date Supersedes No. 17 issued 9-6-78' 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 exceeds the amount of this exception, such excess shall be paid. - ~" (b) -Accessory buildings or structures in mobilehome parks, such as a club house, swimming pool, or laundry facilities. (c) Buildings or structures which are clearly accessory to an existing use such as fences, pools, patios and automobile garages. (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 would 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. \ exclusively (b) The construction of any building by a nonprofit corporatic for religious, educational, hospital or charitable purposes. • 552 ' * • C. / OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: • Requirements Necessary to satisfy the Public Specific Subject: Facilities Element of the General Plan Page 4 of 4 ^olicy No. 17 Date Issued 8-29-79 Effective Date 8-29-79 Cancellation Date Supersedes No, 17 issuer: 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.