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Home My WebLink About1982-10-19; City Council; Resolution 70341 2 3 4 5 6 7 e 9 1c 11 12 12 3L 1: 1t 1' 1( l! 2( 2: 21 2' 2' 2 2 2 2 RESOLUTION NO. 7034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING RESOLUTION 5999 REVISING THE AMOUNT OF FEES TO BE REQUIRED AS A CONDITION OF APPROVAL FOR RESIDENTIAL DEVELOP- MENT WITHIN CERTAIN AREAS OF THE ENCINITAS UNION SCHOOL DISTRICT. WHEREAS, pursuant to Chapter 4.7, Division 1, Title 7 of the :alifornia Government Code, the City Council of the City of Jarlsbad, California has adopted a School Facilities Dedication ind Fee Ordinance (Carlsbad Municipal Code Chapter 21.55); and WHEREAS, Section 21.55.150 of the Carlsbad Municipal Code Irovides that the standards for the amount of fees to be required mrsuant to such ordinance shall be determined by the City Council ind set by resolution. nade after consideration of recommendations from the governing ioard of the affected school district; and The City Council's determination is to be WHEREAS, the City Council established standards for the amount 2f fees to be required pursuant to Chapter 21.55 in Resolution rJo. 5999; and WHEREAS, the City Council is in receipt of recommendations in regards to revised amount of fees from the Encinitas Union School District. Their recommendation is attached hereto as Exhibit A, and is made a part hereof; and WHEREAS, the City Council fully considered the matter at the regular meeting of October 19, 1982 at which the City Council determined to concur in the revised standards as recom- mended by the Board of the Encinitas Union School District. // // // // 1 2 3 4 5 6 7 e 9 10 11 1% 13 14 15 1E 17 1.5 1s 2c 21 22 2: 2L 2: 2c 2: 2t NOW, THEREFORE, BE IT RESOLVED by the City Council of the Jity of Carlsbad as follows: A. That the above recitations are true and correct. B. That the standard for the amount of fees to be required 2s a condition of approval for residential developments within that portion of the City of Carlsbad, which is also within the 2oundaries of the Encinitas Union School District, shall be as 2ontained in Exhibit A. C. This determination is based upon the City Council's Zoncurrence in the recommendations made by the Governing Board of i-he Encinitas Union School District, including the facts support- ing such recommendations as contained in Exhibit A. D. Unless the decision-making body especially determines to ;he contrary, the City Council hereby determines that the following Eindings and requirements shall apply to any residential develop- nent of 1. 2. 3. 4. 5. E. fifty units or less: All such developments shall be required to pay fees in accordance with the schedule in Exhibit A. The City Counci-1 has reviewed that portion of the General Plan which applies to the Encinitas Union School District and finds that it provides for the location of public schools. That the fees to be paid shall be used for the purpose of providing interim school facilities. That the fees to be paid for each unit bear a reasonable relationship to the burdens placed on the School District by such unit and that the fees will be used to mitigate that burden. That the school facilities to be funded by the fees are consistent with the City's General Plan. The standards adopted by this resolution do not at this time require the dedication of land. The Encinitas Union School -2- 6 1 1 1 1 1, 1: 1( 1' 1( l! 2( 21 2; 2: 24 25 26 27 28 District is developing standards regarding such dedications. iilhen the District is prepared to make their recommendation in that regard, the City Council intends to amend this resolution to include provisions for requiring the dedication of land as they determine to be in the public interests. F. Effective Date The fee schedule approved by this iesolution shall become effective on November 1, 1982. PASSED, APPROVED AND ADOPTED at a regular meeting of the :ity Council of the City of Carlsbad, California, held on the 19th day of -r , 1982 by the following vote, :o wit: AYES : NOES: None ABSENT: Council -s Casler, Lewis and Chick Council Members Kulchin and Anear iTTEST : k @ SEAL) -3- 7 -- --_ - ENC!'UITAS, CALIFORhIA 52024 . .- - - ATiEA CODE 71 4 753-1 152 BOARD OF TRUSTEES Mary JO "an. Resident Norman L. Mac We. Clwk Anthony J. Bandeobwg, Member Ronald A. Countryman. MBmber Sandra W!ulQ. Member Donald E Lindstrm. Suwterdent and bard SecretaEy "Excellence Is Our Goal" r. Frank Aleshire, 1200 Elm Street REFERENCE: Carlsbad Dedication of Land and Fees for School Facilities The following letter is in response to Section 21-55.260 (Fee Fund Recoi and Reports) of the above-qamed ordinance, District maintains a separate account for all fees paid under this ordi- nance, Ea Costa covered by the La Costa Agreement of $5,400. ~u&g the 19 tant services for rutlare The Encinitas Union School There were receipts of $55,293, with a rebate to certain owners i.sq- ... its Regular Meeting 0x1 August 17, 3-9 District as overcrowded for the 7ised its policy in the availabiZitg )per fee, to take into consideration tbs Y -- rcrowding along with Superintendent -- O-'----l- Office Of The Superintendent BUS INE SS *' ENClNlTAS UNION SCHOOL DISTRICT 189 UNION STREET ENCINITAS. CALIFORNIA 92024 Page 2 NO. 7034 New Construction Financial Assistance from Developers It is the intent and purpose'of the Board in adopting this policy that adequate school facilities shall be available to meet the needs of students coming from all residential units in the District. The District's commitments to completed and future dwelling units, secured by agreements, have taxed District facilities beyond zc- ceptable limits. Financial assistance will be established annually on a per bedroom or like room basis for all units. In an effort to meet needs caused by changing conditions, the administration will continually enter negotiations to bring all developments into compliance with the fee. Agreements with developers will be made so that the agreed fee is paid in such manner as to have facilities available when students arrive. During the base year of 1980, the fee is $400. per bedroom or like room. All agreements shall include an inflation factor based on the Engineering News Record Index (ENRI) for Southern California which will be applied at execution of the agreement. The formula for making the adjustment is: Current ENRI - Beginning ENRI = Difference Beginning ENRI - Percent Increase + 1 X Current Fee ='New Fee The adjustment will be applied by Board resolution in August of each year. It shall use the 1980 figure as base with compounding of annual inflation factor. Further, subject to ratification by this Board, the Superintendent of this District is authorized to negotiate with developers and land owners, and to enter into agree- ments on behalf of this Board according to terms and conditions set forth in the documents entitled "Security Agreements Between Owner, Developer, and Encinitas Union School District ,I1 and "Secured Agree- ment Between Owner as Developer and Encinitas Union School District" respectively. This policy, and accounting of dwelling units covered by agreements will be received in March and August of each year at the first Board meeting of the month. Policy Adopted: March 7, 1978 Revised: September 21, 1982 z* EXHIBIT A Page 3 *+* TO RESOLUTION NO. 70 34 PORTABLE Cost OE building incluc%f:ig carpetfng, heat pump, delivery and installacion 24 X 40 - 960 sq. ft, @ $43/sq, ft, $ 41,280 ,Pad Preparation 45G Cement walkways 400 Architectural, State, County Engineering and other fees Furniture and equipment Utility hook-ups Restroom facilities ($27,360 rental 10 (units) - $2736 X 2 facilities Cost of inspection 45 days C! 108 per day 4 $500 Cost of Bidding. 1. advertising 2. cost of plans asf prlrat-iEg Removal 13% interest on 5-year lease: 200 800 I, 000 8,209 4 $000 5,000 I-- 6,500 - .$ .?1,530 Year Princi.. Interest 1 , 14,.306 9;299 2 14 3 3636 7,440 3 14 g 306 5,580 4 14 9 3CfQ 3,720 5 14 p 309 1,860 Grdrzd Total $ 99,429 $99,429 - 81 3 - Eedsoonr, ~QQS~S 1,227 ' $1227 - 3 (average no, of bedrooms) . 400 per bedroom The Eminitas Union School District fees were set at $400,00 per bedroom Far 1979-80 0 In 1380-$1 the ENR (Engineering News Record Index) was used $408 ii: 6.62% 2 $426,00 per bedroom For 1981-82 the ENR (Engineering News Record Indkx) is still being use8 S426.X 9.33% = $465-00 per bedroom. The Encinitas Union School District developer fees' will be $465*,00 per: bedroom beginning 8/1/51 to 7/31/82. Tfiis index is the same one being used by.other districts in the San DieguiCa area a . Agenda Item 3.17*(a) July 21, 1981 lo