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HomeMy WebLinkAboutMS 457; LA COSTA JOINT VENTURE; 80-129324; Public Facilities Fee Agreement/ReleaseAfter Recording REturn To: cttyc,erk 589 1200 Elm Ave. Carlsbad, CA 92008 AGP.i:'.E;',i;.n'i' AN;.) Tin: CITY OF ( ARLSir.i) FOR TH > .', i 'or.],,/: ^^^IZl^^-J''^!! MIT: Hi OAtt THIS AGREEMENT is entered into this ( day of ' b-; anc] betvjeen La Costa Joint (name of developer-owner) : 8 a JoiBt-tfgnturo , hereinafter referred to as |o (Corporation, partnership, etc.) ^j > 2 H rn "Developer", whose address is p. Q, (street) ich. California Q9fifi? > and THE CITY OF 0^0aj 33 3 £ o ,fl -3» O(City, &Lote, zip code) CARLSBAD, u municipal corporation of the State of California, * - ' hereinafter referred to as "City.", whose address is 1200 Elm Avenue, Carlsbad, California,, 92008. W I T N E S S E T H: 'VJHEREAS, Developer 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 - * .WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposes to construct One duplex building composed of two condominium dwelling units 590 on said Property, which development carries the proposed name Of- __ ; ____ . _ '_ and is hereafter referred to as "Development"; and TtlWHEREAS, Developer filed on the JL"!" day of 19 80 / with the City a request for Mjnor condominium permit __ ^uo "TgnTATWE ^Agg^v M^? (^Kte 4si \ ____ (hereinafter referred to as "Request"; and WHEREAS, 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 tire City Clerk and is incorporated by this reference; and WHEREAS, 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 services and facilities; and, therefore, Deve3.oper proposes 2. . 591 to help satisfy tne General PI cm a: implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, TflEIEFORE, 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 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 baaed on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of-the Carlsbad Municipal Code. A ere lit toward such fee 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. Developer shall pay ex 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 prj-or to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community cipartment 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." ' <J i; 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 issuance of any building or 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. i t3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with, the City's General Plan. 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 toft •* 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 assu^mces 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'. o i* o 6. All obligeitions hereunder shall terminate in the event the Requests made by Developer are not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not 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 given 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 cr the City herein shall be deemed to be reference to and incluua their respective successors and assigns without specific rr.ention cf 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 5. UZ STATE OF CALIFORNIA / COUNTY OF ORANGE j b On March 4 p for said County and State, personally appeared. Joint Venture *-| v ' ^1Acknowledgment t>y Corporation V +,' %/ Of) 9±iy, before me, the undersigned, a Notary Public in and DAVID W. EASLEY THE EASLEY COMPANY Known to me to be the President, and. known to me to be the Secretary of the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation and acknowledged to me that such corporation ex- ecuted the within instrument pursuant to its By-Laws or a Resolution of its Board of Directors; said corporation being known to me to be a joint venturer of LA COSTA JOINT VENTURE a joint venture, the joint venture that executed the within instrument.and acknowledged to me that such corporation executed the same individually and as such joint venturer and that such joint venture executed the same. !SS my hand and official se. ,5[^>.^.xSt L/ '' Notary Public in and for said County and State. Notary Seal seas asm OFFICIAl SEAL BARBARA A. KAES NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Expires Oct. 8, 1983 STATE OF CALIFORNIA COUNTY OF ORANGE on March 4 SS.Joint VentureAcknowledgment by Corporation _ ___ , 19?P_, before me, the undersigned, a Notary Public in and for said County and State, personally appeared - JACK M. LOWREY -- , known to me to be the known to me to be the. President, and . .Secretary nf JACK M. LOWREY INCORPORATED the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation and acknowledged to me that such corporation ex- ecuted the within instrument pursuant to its By-Laws or a Resolution of its Board of Directors; said corporation being known to me to be a joint venturer of T.A COSTA JOTNT VENTURE a joint venture, the joint venture that executed the within instrument.and acknowledged to me that such corporation executed the same individually and as such joint venturer and that such joint venture executed the same. ESS wy hand and tfffacial Notary Public in and for said County and State. Notary Seal OFFICIAL SEAL BARBARA A. KAES NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My"Cornmission Expires Oct. 8, 1983 first assumed in writing the Dcvolcr-?r's obligations hereunder. 9. This agreement shall bo 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: LA COSTA JOINT VENTURE CITY OF CARLSBAD,'a municipal corporation of the State of California a P.alif Pm-p , . Lowxey. Incorporated City Manager k ATTEST--. ALETHA L. HAUTE^KRAN?/, City Clerk Apt)>PROV£& AS/ TO ^0$M: Jj Daniel S. Hehtschke, Assistant- r?v". , City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) 6. EXHIBIT "A1 LEGAL DESCR1PTIOJ Lot 248 of LA COSTA MEADOWS UNIT NO. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6800, filed in the Office of the County Recorder of San Diego County, December 9, 1970. ', . , ' CI OF CARLSBAD J J 7 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 Mg_. 17 issued. 9-6-78 Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File 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 Council 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, 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 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. :, . ' CI1. OF CARLSBAD . , /> *> i/O COUNCIL POLICY STATEMENT General Subject: Requirements Necessary to satisfy the Public Specific Subject: Facilities Element of the General Plan Page 2 of 4 i licy No . 17 Date Issued 8-29-79 Effective Date 8-29-79 Cancellation Date Supersedes Ho.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 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, -CI'o. . OF CARLSBAD COUNCIL POLICY STATEMENT. General Subject: Specific Subject Requirements Necessary to satisfy the Public • Facilities Element of the General Plan Page 3 of 4 1 ,iicy 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. (b) The construction of any building by a nonprofit corporation exclusively for religious, educational, hospital or charitable purposes. '•',•'• Cl : OF CARLSBAD g 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 iss 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.