HomeMy WebLinkAboutPM 403; BURNETT, WILLIAM F; 80-164047; Public Facilities Fee Agreement/ReleaseAfter Recording Return To:
• C-Uy-Clerk , '
;-City of Carlsbad / ; . >
1200 Elm Ave.
Carlsbad, CA 92008
AGREEMENT BETV5EEN DEVELOPER-OWNER —•—T.r^~ CITY
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE H/W IB
THIS AGREEMENT is entered into this 26th day of_
19 80 / by and between
William F. Burnett
(name of developer-owner)
rhereinafter referred to as
(Corporation, partnership f etc.)
"Developer" , whose address is c/o Burnett Development Company _ r
(street)
523 W. 6th St., Los Angeles, Calif. 90014 , and THE CITY OF
("City, state, zip code)
CARLSBAD, a municipal corporation of the 'State of California,
'hereinafter referred to as "City", whose .address is 1200 Elm
Avenue, Carlsbad, California, 92008.
* <
WITNESSETH:
WHEREAS, 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 a development project as follows:
A neighborhood Chopping r.ent.R.r .on .a.pp.rn.x.im.a±g-l-y 1.?. 5.qcr<?-s
an d GO n t ain in g app r ox imat e 1 v JL£ 5^ 7.QQ .,_, square I -.5 e t At ____
buildings, to include a _ majar market ^savings and loan, r bank
shops and offices
;'• "• . H.. ' 187- ..X:
on said Property, which development carries-the proposed name
of Plaza de la Costa Real
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the IQ day of
• 79 :
19 , with the City a request for Tentative Parcel Map No 403
(.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 the 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 fcicilities 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, Developer proposes
2. •
• 188
to help satisfy the General Plan as implemented by Council Policy
No.. 17 by payment of a public facilities fee.
NOW, THEREFORE, 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 to the Request. The fee shall be paid prior to the
i
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 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 paid in lieu
thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code.
Developer 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 provided in Chapter 21.47 of the
Carlsbad Municipal Code. Condominium shall include community
apartment or stock cooperative. The terms "other construction
permits", "other construction permit" and "entitlement for use" as
used in this agreement, except in reference to mobilehome sites or
projects, shall not refer t*o grading permits or other permits for
the construction of underground or street improvements unless no
other permit is necessary prior to the use or occupancy for which
the development is intended. Developer shall pay to City a public
facilities fee in the sum of $1,150 for each mobilehome 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
development. This fee shall be in addition to any fees, dedications
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
agreed upon in Paragraph 1 above. If Developer offers to • •. .
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 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
*
required pursuant to Titles 18 or 20 of the Carlsbad Municipal
Code. . • .
3. 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
4.
19Q
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 pxiblic
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
agencies 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.
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:
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
191•*
Mail, enclosed in a sealed envelope, addressed to Developer at the
address as may have been designated, pontage prepaid and certified.
8. This agreement shall be binding 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 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 security interest on the Property. When the obligations
of this agreement have been satisfied, City shall record a release.
6,
3 -+-&Q
192
IN WITNESS WHEREOF,.this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
(Name)
By
(Title)
By
William F. Burnett
CITY OF-CARLSBAD, a municipal
corporation of the State of California
By
City Manager
(Title)
ATTEST;
&LETHA L. R&UTENKRANZ, City Cle^k
V ''*» -
ATPPRO\7ED AS TO FORM:
VIINCENT FT/BSONDM JR--..,
fctv AtW neyVy ^A^OVED A^/TO F0j;
' V/NCENT F. BfiONI
(Notarial acknowledgement of execution by DEVELOPER-OWNER must
be attached.)
7.
TO 1944 CA (8-74)
(Individual)
STATE OF CALIFORNIA
COUNTY OF
A f |
TITLE INSURANCE
ANDTRUST
SS.AT1COR COMPANY
1 D *1 Or) *—J. On Q ~ Of- I" o ^ ^ befo
1' State, personally appeared (jj) f HjQ>^\ F.
before me, the undersigned, a Notary Public in and for said
, known to me
Lwhose name _ ^^ _ subscribed
to the within instrument and acknowledged that _ *)*£ _
iu to be the person
1.
executed the same.
WITNESS my hand and official seal.
Signature.I Terybh r^SSTJr
3!3HMS
'TORDIiS'pAPLOW I
PjjXg?^ NOTARY PUB'., v; _ CALIFORNIA 1
Vftil^hJ^f PIUNCS?At OFFICE IN S
>x ,SAN DIEGO COU^^^Y I
Sy CoromSfutten Expires Dec. 9,1983 !
(This area for official notarial seal)
o
EXHIBIT "A"
LEGAL DESCRIPTION
THE LINO REFERRED TO HEREIN IS SITUATED IN THE STATl 6P
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL l:
ALL THAT PORTION OF LOT 9t IN SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST,
SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS POLLOWSt
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION $l| THENCE ALONG THE
SOUTHERLY LINE THEREOF NORTH 89»18'U" WEST 1401.38 FIIT TO A POINT IN THE
ARC OF A 3000 FEET RADIUS CURVE, CONCAVE NORTHWESTERLY WHOSE CENTER BEARS
SOUTH 74»50i24» WEST, SAID POINT BEING ON THE CENTER UNt OP * 60 FOOT
PUBLIC ROAD KNOWN AS ROAD SURVEY NO. 682 ON FILE IN THf OFFICE OF THE
COUNTY ENGINEER OF SAID COUNTY, SAID PUBLIC ROAD BEING ALSO KNOWN AS ELCAMINO REAL; THENCE NORTHWESTERLY ALONG THE ARC OF 1MB CENTER LINE CURVE
THROUGH A CENTRAL ANGLE OF 09«U»50" A DISTANCE OF *84.18 FEETl THENCE
CONTINUING ON SAID CENTER LINE TANGENT TO SAID CURVE NORTH 24«f4«26" WEST
099.83 FEET TO THE BEGINNING OF A 3000 FOOT RADIUS CURVE* CONCAVENORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF IAIO CURVIENTRAL ANGLE OF 02<>17»29M A DISTANCE OF 119.98 FEET TQ A P01N:ENTER LINE WHOSE CENTER HEARS SOUTH fc7M3*osN WEST BEING THE
3F BEGINNING, THENCE LEAVING SAID CENTER LINE NORTH §4«47«33"*PET» THENCE NORTH O9»u»27« WEST 242 FEET TO A POINT ON THE c
A PUBLIC ROAD DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO
THROUGH A
ON SAID
TRUE POINT
tAST 260
INTER LINE
IECORDED
IAY 29, 1968 AS FILE NO. 9011} OF OFFICIAL RECORDS) THENCE ALONG THE
IfeNTER LINE OF SAID PUBLIC ROAD SOUTH 84»47»00« WEST TO THE CENTER LINE OF
EL CAMINO REAL! THENCE SOUTHERLY ALONG SAID CENTER LINE TO THE TRUE
T OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN ROAD SURVEY NO. isoo-i
AS DESCRIBED IN PARCEL 67064-A IN DEED TO THE COUNTY OF SAN DIEGO,
RECORDED DECEMBER 3, 1969, AS FILE NO. 220242 OF OFFICIAL RECORDS.
PARCEL It
ILL THOII POUTIONS ofcif THE SOUTHWEST QUART
•OWNSHIP 12 SOUTH* RAM
IF SAN DIEGO, STATE OF
DESCRIBED AS FOLLOWS!
'Vt(r,i TOGETHER W
fHIAST QUART
, ., , B|*NARDtNO:ALIFDRNU, ACCORDING TO OF
MAT PO*TIO.IN IICTImB« IN t:IAL PLAT
)N SI*
HI COUNTY
t HEREOF,
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 35, THENCE
WESTERLY ALONG THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION NORTH 89Oi8*i*« llEST 1318*43 FEET TO THE SOUTHEAST
CORNER OF THE WESTERLY HALF OF THE SOUTHEAST QUARTER Of SAID
SECTION 35, BEING THE TRUE POINT Of BEGINNING; THENCE CONTINUING ALONG THf
SOUTHERLY LINE OF SAID SOUTHEAST QUARTER 0* SECTION III NORTH
89«1P«14" WEST, |2*9f PfET TO A POINT JN THt
ARC OF A 1*000*00 FOOT MO I US CURVIt CONCAVI IOUTH««ITIHY NHOSI TENTER
BEARS SOUTH 74»5b*I4H WEST, SAID POJNT BEtNG ON THE
AMiNOED 10602*2- AMD PAGE It
C
^
ClNTtR LINI OP A fcO.OO fQOt MIDI lUlUC HOAO KMOMN ASROAD SURVEY NO* »82 ON nit IN TMB OFFICE OF TNI
COUNTY ENGINEER OF SAID COUNTY, SAID PUBLIC ROAD BEING KNOWN
AS EL CAMI NO REAL* THENCE NORTHWESTERLY ALONG THE ARC Of SAID CENTER LINE
CURVE THROUGH A CENTRAL ANGLE OF 09»14»90"» A DISTANCE OF 484.18 FEET;
INT ON SAID CENTER
ID CENTER LINE TANGENT TO SAID CURVEt NORTHTHENCE CONTINUING ON SJ
*4*24*f6" WEST* 1099,1
CURVE* CONCAVE NORTHIltftv|« tHftouoH A ciNtmANGli opflf'ivirv* Dim*
IT tO THE BEGINNING OF A SOOO
THINCI NORTHWE$TEM ALON
lNtfcfc ftlAR SOO
fUNtitM |l»
LEAVING SAID CENTER LINE, NORTH *4047'33« EAST, 260.00
00 FOOT RADIUS
THE ARC OF SAID
F 119.48 FEIT TO A
•til" WEST | THINCE
llTl THENCI NORTH09»12'27" WEST, 242.00 FltT TO A POINT ON THE CENTIR LINE OF A PUBLIC ROADDESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO* RECORDED MAY 29* 1968,RECORDER'S FILE NO. 90113* SERIES 9, BOOK 1968 OF OFFICIAL RECORDS OF SAIDCOUNTY; THENCE ALONG THE CENTER LINE OF SAID PUBLIC ROAD, NORTH 84047*33**EAST 217.91 FEET TO THE BEGINNING OF A 900.00 FOOT RADIUS CURVE* CONCAVENORTHWESTERLY; THENCE EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAIDCURVE* THROUGH A CENTRAL ANGLE OF 40*49*57"J A DISTANCE OF 396.33 FEET TOA POINT ON THE EASTERLY LINE OF THE WESTERLY HALF OF THI SOUTHEASTIUARTER OF SAID SECTION 39, RADIAL To SAID POINT BEARS SOUTH 46oo2»24*»EAST, THENCE SOUTHERLY ALONG SAID EASTERLY LINE* InUfH oo»i4»20" WEST
2003.22 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT THEREFROM THAT PORTION LYING WITHIN A 90.00 FOOT STRIP OF LAND
AS DESCRIBED IN PARCEL 68368-A OF A DEED TO THE
COUNTY OF SAN DIEGO, RECORDED FEBRUARY 18, 1970, RECORDER'S FILE NO.
30220 OF OFFICIAL RECORDS. SAID 90.00 FOOT STRIP BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS I
THOSE PORTIONS OF LOTS 9 AND 19 AND THE SOUTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 39, TOWNSHIP 12 SOUTH, RANGE 4 WEST,
DESCRIBED IN DEED TO R I W PROPERTIES, A PARTNERSHIP,
RECORDED DECEMBER 3, 1968, RECORDER'S FILE NO* 211104 OF OFFICIAL
RECORDS IN THE OFFICE OF COUNTY RECORDER OP SAN DIEGO COUNTY, LYING WITHir
A STRIP OF LAND 90 FEET WIDE, 49 FEET ON EACH SIDE OF THI FOLLOWING
DESCRIBED CENTER LINE*
BEGINNING AT ENGINEER'S STATION 91 PLUS 44.1$ ON THE CENTER LINE OP
ROAD SURVEY NO. 498-66 -ENCINITAS BOULEVARD, FORMERLY
SAN MARCOS ROAD- BEING ALSO ENGINEER'S STATION lit PLUS 91.60
ON FORMER ROAD SURVEY NO. 498, PLATS OF SAID SURVEYS
BEING FILED IN THE OFFICE OF THE COUNTY ENGINEER OF
SAN DIEGO COUNTY* AND BEING THE NORTHERLY TERMINUS OF
CENTER LINE OF ROAD SURVEY NO. 1802, SAID ENGINEER*S STATIONS
HAVING COORDINATES N EQUALS 321*386.98 AND E EQUALS
1*690*893.61 OF THE CALIFORNIA COORDINATE SYSTEM GRID ION! 61
THENCE ALONG BEARINGS AND DISTANCES BASED ON SAID CALIFORNIA
COORDINATE SYSTEM ZONE 6 AS FOLLOWS:
NORTH 00006*44*> EAST 947.32 FEET TO THE BEGINNING OF A TAN6INT
CURVE TO THE LEFT HAVING A RADIUS OF 2000 FEETf
AMENDED 1060292- AMO PAGE 12
ly6
THENCE NORTHERLY ALONG SAID CURVE TMHOUGH A CINTAAL ANGLE OF
15*39*24** A DISTANCE OF 546.52 FEETl THENCE TANGENT TO
SAIO CURVE. NORTH 19«32*40" WEST. 2691.11 FEET TO THE A
BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF
3500 FEETl THENCE NORTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 15°58*S3" A DISTANCE OF 976.25 FESTl THlNtl TANGENT
TO SAID CURVE. NORTH D*26U3" EA$T 1014.97 F||T TO TMI I
BEGINNING OF A TANGENT CURVE TO tHE RIGHT HAVING A RADIUS OF4000 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 7«53«44« A DISTANCE OF 591.21 FElTt THlNCI TANGENT TO
SAIO CURVE 8»19*57" EAST 445.46 FEET TO THE
BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS
OF 5*500 FEET; THENCE NORTHERLY ALONG SAIO CURVE THROUGH
A CENTRAL ANGLE OF 6°41(44N A DISTANCE OF 642.74 FEITl THlNCI TANGENT
TO SAID tURVE NORTH 1°38'13" EAST 603.21 FEET TO THE
BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS
OF 9*000 FEET; THENCE NORTHERLY ALONG SAIO CURVI THROUGH
A CENTRAL ANGLE OF 5°24»29" A DISTANCE OF 849.47 Fl|ft THlNCI TANOINT
TO SAID CURVE NORTH 3»46'U« WEST 1061.91 FEET TO THE IEOINNING
OF A TANGENT CURVE TO THE LIFT HAVING A RADIUS Of
2.000 FEET; THENCE NORTHWESTERLY ALONG SAID CURVI THROUGH
A CENTRAL ANGLE OF 32°31*18" A DISTANCE OF 1135.12 fllTt THENCE
TANGENT TO SAID CURVE NORTH 36°17'34« WEST 292.24 Flit
TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING
A RADIUS OF 2015 FEET; THENCE NORTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 27»25*21M A DISTANCE OF
964.40 FEET; THENCE TANGENT TO SAID CURVE NORTH B°92«13»
WEST 288.90 FEET TO THE BEGINNING OF A TANGENT CURVI TO THE
LEFT HAVING A RADIUS OF 2985 FEET; THENCE NORTHWESTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 15°34*54tl A DISTANCE OF
811.78 FEET; THENCE TANGENT TO SAID CURVE NORTH #4«27*07"
WEST 990.87 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE
RIGHT HAVING A RADIUS OF 3400 FEET) THENCE NORTHERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 15»39*56* A DISTANCE OF 929.60
FEET TO A POINT THAT BEARS NORTH 78«20*23*1 EAST. 370.69
FEET FROM THE COMMON CORNER OF LOTS 7* 9. 15 AND 16 OF
SECTION 35. TOWNSHIP 12 SOUTH. RANGE 4 WEST. SAN BERNARDINO MERIDIAN. SAK
POINT HAVING COORDINATES N EQUALS 336.207.70 AND E EQUALS 1*688,199.03 OF
SAID CALIFORNIA COORDINATE SYSTEM ZONE 6; THENCE CONTINUING ALONG SAID
CENTER LINE AS FOLLOWS:
NORTH 08*47* 11** WEST. 989.39 FEET TO THE BEGINNING Of A TANGENT CURVE TO
THE RIGHT HAVING A RADIUS OF 1500 FEET; THENCE NORTHERLY AND
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28«47*03N A
DISTANCE OF 753.57 FEET; THENCE TANGENT TO SAIO CUMi fff*™ 19°59*52*»
EAST 2473.72 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A
RADIUS OF 2000 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 27«3S*03N A DISTANCE OF 962.87 FEETl THlNCI TANGENT TO SAID CURVE
NORTH 07035*11" WEST 734.Q2 FEET TO A POINT ON THl lASt AND WIST CENTER
IP 12 SOUTH* RANGI 4 WEST, DISTANT THEREON
THE CENTER OF SAID SECTION 26* SAID POINT
LINE OF SECTION 26.
1109.11 FEET EASTERLY FROM
AMENDED 1060292- AMD PA«E II
ly?
HAVING COORDINATES N EQUALS 341,927.6* AND 1 I0UALS i.MB«4T2.96 OF SAID
JCALIFORNIA COORDINATE SYSTEM ZONE 6.
AMENDED 1040242- AW **6f
i
: * . . ' CITY^F CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Requirements Necessary
to satisfy the Public
Specific Subject: Facilities Element of
the General Plan
e 1 of 4
Policy No. 17
Date Issued 8-29-79.
Effective Date 8-29-79
Cancellation Date
Supersedes Mo._!!__ 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
concurrent with need.
facilities will be available
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 previouslyxrelied 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 CityVs 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.
,_rmr^ —t-.-^-
/--"V
Cl'rf 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
Policy 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 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,
200
CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Requirements Necessary
to satisfy the Public-
Specific Subject: Facilities Element of
the General Plan
Page 3 of 4ff*"\
Pb^icy 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 werevbeing 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.
' • ClVj? OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: - Requirements Necessary
to satisfy the Public
Specific Subject: Facilities Element of
the General Plan
^Vge 4 of 4
Policy No. 17
Date Issued 8-29-79
Effective Date 8-29-79
Cancellation Date
Supersedes No. 17 issii£ui_
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.
\