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Home My WebLink AboutMS 477; Weinreb, Irwin and Renee; 80-180074; Public Facilities Fee Agreement/Release, . . ‘* -‘* . ‘. .- L. Jfter'Recording Return To: ~ . ' City, C?prk' ' . l??O Elm Ave ' cai-lsbad, CA' 92008 1, ). FlLEiPAGE r;s. * .I . SOOK SC--- RECORD~DR~OUE~~C~ AGJ71~:1':r~il~:1?: nrsTr;rxrr I~I~VII~,OP1:1~-O~JN1=n c i ANIJ iw: CI’YY OIL’ C:A1:1,::;1.3.w 1:‘OIi ‘J!III’: . Jr ’ cnrj&(-J P7~YkJWl~ OJ,’ A PI1!.;J,‘I C: l”AC~Il.,:I’7’:~!3S lXJ3 C----_------.- -.------_------ Jm 4 JJ 25 tf1900 ., . OFFfetAL RECORDS . SAM OIEGO C~Q.~j-L;, c:\!s'~ F. ‘I’Jlj-:; AC;1‘:1~:15r/lr:I~I’.r 5.:; c~~l~crc~d illto tlli:: day of VERA :. tyt c I_- --,Eti__' . . .1.3_Jj& by ;u1<1 I?cl~w(1~.3rk e-W -mm i nrph Wuhand I * ’ . ,~~_andA4if~_as. Joi.nLTe~:nanfis_, ---l---..l_-l __ I --__- ___ __-_ - (llillllC2 Oi. tJ<lVC-!.i ~IJ,wP-CIW(!.~~) . . NO a --w-e - ,hcrci.lldxCr rr-cfcr1:cx1 to as . --__- -.-- --.,---‘W (CO%],)Ol’iJ L.l.011 , ---- ---..------ _--- piJr~Lncx!~;l~.l.],l, etc. ) "JkVcJ.oI)Ci:" , WllOI.;C nclrlxr.!:;:.; is I San Francisco, CA 9412; ' , and TIIR cr’1’3 OP -_I- - . ((2ky, Sl;iltLC!, z.7.p corlc) CAlirJSI?An * t a nwnicip'n3. corI3oration 02 the 'State of CaliYornin, . ' h~ucinnftcs ~rc!Tcrrctl to as '.'Cifzy" , whasc ,~rldress is 3.200 Elm AVc?llL~C, Cal:lshx3, Cnlifornia, 32008. . . . . . w I T y I3 s s E 'IT 11: . ~JIZ~JT‘\lV\!;, l,cvcJ.opcr is the OWIlC% of tl-lc rcn3. p%opcrty desci~ibcd 01-l Eki.1:kit "A" t attachccl hcrcto and m:tdc n pr7rt of this agfecmcni:, l~rxcxi nafl-13% rcfcrl-cd to as “Property” ; and W11111Z1.~1~!7, izllo 1‘roIeriry lies wiihin tlic: houndarics of City; Wld .’ . . \~111:17l3I;, Ilc\TJ.opcl~ p~l~opo!:c!s a dcvolc~+?l~t p-o-joct as Follow!.:: . I' . --.- The cp_nstruction of am-u dw~u with- 11ni~ . to be sold as an airspace condominium, ,. . cII.--- ---- . . -__--_- ----- II_.. -L-----p “._ 0 . . B o4 4 . *. I , 0.; I ) . - ‘ I * 162: : J- . on caid Propc~rl;y, wll:i.cll ilcveloplcnt carries the proposed nnmc . Of Minar;Suhd>v~ s,rrn TV-) * . . and is hcrcaftcr n3Ferrccl to as and k?IIJ~l?lY~S , Dcwcso]x2~- filed on the day of I :' , : 13’ 80r ---- - (hcre'inaftcr 'rcf'crred to as "Request"; and W1IEI’\EAS, the Public Pacilitics E&elnent of the City General Plan uctcpirc:: that the City Council find that all public ._ - ,facilitics necessary to se&c a dcvelopmcnt will be avai1nbl.c concurrent with need or such dkvclopment qhqll not be ap;?rovcd . (said clement is on file with tll'c City Clerk and i:: incorpor~tcd by this refcrcnce; and , WEJIEAS , Developer and City recogniz& the correctness of . CounciJ. Policy No. 17, attached to and made a part of this agrccmcnt~ and that the City’s public facilities and scrviccs arc at capilcity and ~i.Il not bc? ;lvnilabJ-c: to accommodate the: adciitiona3. need for puI)lic fnciSit.ic:s and,,scrviccr; resulting f’roln IAlc! plx2J;-‘o!xd DCVCI opmcnt-; and . \7Irl:l:lLAs , rkv&,pcx 132s i~skcd tlicl City to find that public f'acilitic:; and scrvicc::: wi1J. ix: clvni.J.nbJ.c to meet tllc futul-c: need:; of t11~2 13c~vclopmc:n1- as it is prer;c:ntly propo::cd; but the lI~cvcl.c~pcr i.s il\Vi;L’C tlI;lt th2* City C~l~lllOt ;~nd wiJ.3. not: bc: ab3.c to make ally .suclI iinilinq without financill1. a:;::i.stancc to pay for 8, . * .’ : . -’ L . iea - co help satisfy the General Plan as imp~.cmcntcd by Council Policy No..‘17 by payment of a public facilities f&c. . NOW, TlIERIZ'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'facilities fee in an amount not to exceed 2% of the building permit valuation ‘. of the buildings or structures to be constructed in the Development . pursuant I issuance to the Req&t. The 'fee shall be paid prior to the of building or other construction permits for the develop- mat and shall be based on the valuation at that time. This' fee shall be in addition to any .fees, dedications or improvements ,requircd . Code. A . pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal credit 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 Cnrlsbad Municipal Code. . . . . Developer shall pay a fee for conversion of existing buildings or -structures into condominiums . . building permit valuation at . .condominium conversion shall . . in an amount not.to exceed 2% of the the time of conversion. The fee for a be paid-prior to the issuance of a condominium conversion permit as provided.in Chapter 21.47 of the . Carlsbad Nunicipal Code. Condominium shail include community ' apartment or stock cooperative. The terms "other construction permits" , "otllcr cpnstruction permit" and "entitlcmcnt for use'1 as used in this agreement, cxccpt in rcfcrcncc to n~obilchomc sites or projects, shall not rcfcr ('0 grading permits or other permits . . . the construction of ui~c~arground or street improvcmcnts unless for no other permit is ncccssnry prior to the uS;c or occu~>nncy for whi.ch . 3. " x 4 -fxl . . . - ., *.* ’ . ; 164 . the development is intended. Devcdopcr shall pay to City a public facilitYies fee in the sum of $1,150 for each mobil.chome space to be, constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the u developmcn t . This fee shall be in 'addition to any fees, dedicati.ons . or improvements required according to Titles 18, 20 or 21 of the , Carlsbad Municipal Code. A credit toward'such fee shall be given for land which has been dedicated for park purposes or for any fees I . paid in lieu thereof pursuant 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 . . . upon in Paragraph 1 above. If Developer offers t:O : ': . . agreed donate a site or sites for public facilities, the City shall . *consider, but 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 i ssuance of any building 'or other permits. r . Such determination, when made, shall become a part of this agree- ment. Sites donated under this paragraph shall not include improvements - . required pursuant to Titles 18 or 20 of the Carlsbad Municipal . . ; - Code. . . * . 3. This agrccmcnt and the fee paid 'pursuant hereto are . required to cnsurc'the consistency of the' Development with the city’s Gcnernl Pl.LlJl. If the fee is not paid as provided hcrcin, . ' the City will not have the. funds to provide public fncilitics and . _ * . sarvi.,ccs , nnd tllc Dcvc%opmcnt will not bc consistent with the . . Gcncrnl Plan and any a~~prova3. or pcr~n'iii for the Dcvclopmcnt r,halI. 4. ST ,(. ,’ I : .:* -’ . 185. * ;-- * . . . -: be void. No building or other construction permit or entiticment 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 I . 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 assurances to enable Developer to comply-with any requirements of other public .agencics as evidence of adequate public facilities and services sufficient to accommodate the needs of the' Development herein described. . 6. All obligations hereunder shall terminate in the event . . the Requests made by Developer are not approved. t 7. Any notice from one party to the other shall be in writing, and shall be dated and signed.by the party giving such n'otice 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: _I . 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, addrcsxd to the City at the address set forth herein, enclosed in a sealed cnvclolje, addressed to l-he City for attention . . of the City lkxx~gcr, postage prepaid and ccrtif.icd. . . . . 7.2 Tf notice i& given thc.rc~oE to Dcvclopc~! or by dcposi tj.ng the ~smw in the United States to Davel.opcr by personal delivery 5. . . ..,. *, . .,, * _ ’ . , -- Nail, enclosed address as may 8. This . . . . in a sealed envelope, add132 ssed to Developer at the have been designated, postage prepaid and certified. 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 references tu De-+-loper , or City herein shall be deemed to be reference to and include their respective successors and assigns without specific mention of such succe'ssors 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&corded but shall not create ; ,' a lien or security interest on the Property. When the obligations . 'of this agreement have been satisfied, City shall record a release. /// . . . /I/ /// . /I/ . - . * /// . . . . . . * . . . . . . . ;. .I’ - ‘. i67 EXWICIT " A " __I_---- I-EGAI- DrSCRIPTTOM _____-. -.~-- ^_______ -- .-. * . Lot 240 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 said County December 9, 1970. . . * sit . . -/ *‘. _ . - ~ 168 .‘- IN l’KC’l’i!l:::~:: Vi’lIJ11?1.:Ol.’ , , t11.i s ay?..~ccrnent is c>:c:c 1. ltcd in Sxi Dirge : Couiltzy; Cal.~.fomi.a as of t11c date first w.t:itkn above. . . . CITY OF ~CARTSHAD, a inunj.cipaL c&rpolx.tio,l of clllc. st;\tc? of CaJ.i%ornin 0 . -. -..._ _ - - ’ (Nil1 c) ._..------II_-- . x BY- Lcib~~ -. Owner - --.- x~y$!--J/&~...... . '. . . . . -_: Owner -- (Titilc) . . . . I . . * ., .a . . . . . I ; .yJ.‘)::s’1’ : . . . . . . i Assistant * . . . . . a. * : *’ . . c . .(I\Jc>t;l?:;.cl1. n~l;l~(,\\l3.(~c'~cJclnlcl~i- of cxc.cut.i.on ,by I~r’v131;01’~1’\-0~Qt\lIi:1’: In~lst 1x2 at~t:;1~:llc!('i. ) . . . . 7. STATE OF CAI.IFOANIA (:()I INTY OF-. -~~&.d!&i!!!~.@-~. ._ .-.-- _._-_-...- -.__ --22 ._.__-..._. ~~ ____._ ~.. . .-. -.-^ ..--.l _ .--. - . ..___ -.-..- , known to me tn Iw the ~wrson~ -...whosr nanw~ ~~6suIwrilwd to the wi tllin instrument and acknowledged Lhat~-.--~~exe~,uted the sn,nc. _.--- ..A-*atim FOR NOTARY SEAL OR STAMP OFFICIAL SEAL f Sheila M. McNamee : NCjIARY PLlk3:IC - CAIIFOijNiA P?iNCiPAL OFi=l(“E ,N SAN. FRANCISCO dWNTY ) My Ccmmkion Expires October 2, 1981 f . .-< ; c. , ‘4 i _e..--- --- ‘i. * I ,.:..:,* 8 “), cm- , OF CARLSBAD COUNCIL POLICY STATENEW! ;eneral Subject: . Requirements Necessary to satisfy the Public specific Subject: Facilities Element of the General Plan Supersedes No.17 issued g-+-78 -Page 1 of 4 E. &icy No, 17 Date Issued 8-29-79 Effective Date B-29-79 Cancellation Date lopies 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 Ccuncil that all necessary services and facilities will be available concurrent with need. For those services and f-- a,ilities 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 previousl$,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-provi.ded faeliit ies,. including but not limited to: Parks, major streets, traffic signals, storm drains, bridges and public buildings such as fire srations, police facilities, maintenance yards, libraries and genera 1 c<Zices which wFlL insure they will be available ccnstl.rrent 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 or availability from that entity, provided, hbwever, developments which are required to dedicate.land or pay fees for school facilities pursuant to Chapter 21. 55 of the Carlsbad !t!unicipal Code, shall be deemed to 'nave satisfied the Public Facilities Element in regard to schools for that development without the necessity for an availability letter. .--- -- --- CITY: OF CARLSBAD COUNCIL POLICY STATEblENT Page 2 of 4 -ll.icy No.17 Date Issued 8-29-79 General Subject: Requirements Necessary Specific Subject: to satisfy the Public Facilities Element of the General Plan Effective Date 8-29-79 Cancellation Date Supersedes No-l7 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 tl?e amount of 2% of the building permit valuation of the buildings or structures or $l,.lSO '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 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 follo?ling types of capital projects: Public buildings (such as fire stations, police facilities, maintenance and yard facilities, libraries and general city offices) parks, major streets, - .* h .I * rl l 7.v’ * t CIr- 172 OF CARLSBAD , . * COUNCIL POLICY STATEMENT General Subject: Requirements Necessary Specific Subject: to satisfy the Public Facilities Element of the General Plan Supersedes No.17 is&&d 9-6-78 _ .-.-_ Page 3 of 4 I -iicy No.17 - - Date Issued 8-29-79 Effective Date B-29-79 Cancellation Date Copies to: City Council, City Manager, City Attorney, Dehartmcnt 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 applyi (4 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 newiy constructed. If the fee imposed on the new building e?ceeds 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 o.r structures which are clearly accessory to an existing use such as fences, pools, patios and automobile garages. L (d) The City C oUnci1 may grant an exception for a low cost housing project where ths City Council finds such project consistent with the Housing Element of the General Plan and that such exception is necessary. In approvi2.y an exception for low cost housing the .City Cocr,cil may attach c,sn5itions, including limitations on rent or income levels of tecan-ls. If the City Council finds a project is not being operated as a 1:~ cost housing project in accordance with'all applicable conditiczs, t5.e fee, which wo-uld otherwise be imposed by this chapter, shall irznediately become due and payable. 7. There is exclx2sd from the fee imposed by this policy: (a) Any person when.imposition of such fee upon that person would be in violaticn 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. 1. I -2 I / ;;’ c . . :, f ._ .” . ‘,’ ;’ , ’ , *..t Cf-’ 'OF CARLSBAD ' 173 . COUNCIL POLICY STATEELENT General Subject: . Requirements Necessary to satisfy the Public Specific Subject: Facilities Element of the General Plan -Page 4 of 4' _ 1iCv No, 17 Supersedes No. 17 lqqll~T3 9k7* 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 (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, -\ . . ‘_e . -_ . . . . .* -. ________ .- . . I L . . . 155 . LEGAL DESCRIPTION ORDER NO. 787975-2 PAGE NO. 1 EXHIBIT "A" PARCEL 1: All of Lot 58 of that tract described in Map No. 5162, recorded in the Office of the County Recorder of San Diego County, California on April 23, 1963. RESERVING AND EXCEPTING therefrom, together with the right to convey to others, an easement for both storm drain and tree maintenance purposes over a strip of land fifteen feet (15') wide adjacent to the boundary common to said Lot 58 and Lot 74, which easement shall not eliminate access to or development of Wharfage Area 58 conveyed herewith as Parcel 4 below. Tree maintenance includes the planting, cultivation and remo- val of trees together with the right to construct, operate and maintain equipment for tree watering and tree lighting. There is also reserved and excepted, together with the right to convey to others, such improve- ments lying within this easement parcel which relate to the easement purposes. FURTHER RESERVING AND EXCEPTING all the oil, gas, mineral and other hydrocarbon substances lying below a depth of 500 feet from the surface of said land, without however the right of surface entry. PARCEL 2: -. A non-exclusive easement and right of way for pedestrian and vehicular ingress and egress including the right to transport small watercraft, over Lot 15 of that Tract described in Map No. 5162, recorded in the Office of the County Recorder of San Diego County, California, on April 23, 1963, which easement is for the benefit of and appurtenant to the -. hereinabove described Parcel 1 and being appurtenant shall run with the land. PARCEL 3: A non-exclusive easement and right of way for vehicular and small water- craft ingress and egress over Lot 74 of that tract described in Map No. 5162, recorded in the Office of the County Recorder of San Diego County on April 23, 1963 which easement is for the benefit of and appurtenant to the hereinabove described Parcel 1 and being appurtenant shall run with the land, and which easement is subject to such rules and regula- tions for use as may be promulgated from time to time pursuant to the Declaration of Restrictions and Protective Covenants more particularly described below. This easement shall terminate as to any wharfage area within Lot 74 as soon as Construction of any wharfage facility is initiated therein. Such wharfage area, to which reference is made in the previous sentence, is any one of those delineated in Exhibit "B" attached to and incorpo- rated in the Declaration of Restrictions and Protective Covenants more specifically described below. -- .---. _ C,-.-ee--- ._ -.. .a..- .I