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HomeMy WebLinkAbout1987-07-28; City Council; Resolution 91691 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING THE REVISION OF COUNCIL POLICY NUMBER 17 ON PUBLIC FACILITIES FEES AND THE CITY'S PUBLIC FACILITIES FEE AGREEMENTS TO REFLECT THE REVISED PUBLIC FACILITIES FEE OF 3.5% WHEREAS, the City Council has established Council Policy Number 17 establishing the Public Facilities Fee and standard Public Facilities Fee agreements to be signed by developers, and WHEREAS, the City Council has authorized an increase in the Public Facilities Fee from 2.5% to 3.3% of building permit value, and WHEREAS, the change in the Public Facilities Fee requires that Council Policy Number 17 dated April 22, 1986 and the standard Public Facilities Fee agreements be revised to reflect the new Public Facilities Fee, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That Council Policy Number 17 is hereby revised to reflect the change in the Public Facilities Fee from 2.5% to 3.5% as shown in Exhibit A. 2. That the standard Public Facilities Fee agreements are hereby revised to reflect the change in the Public Facilities Fee from 2.5%*to 3.5% as shown in Exhibit Band C. I// Ill Ill //I //I 1 2 3 4 5 6 7 E s 1C 13 12 12 1L If It 1' 11 11 2( 2: 2; 2: 2, 2 21 2' 2 0 0 3. That the increase in the Public Facilities Fee is based !pori the evidence and documents received at the hearing of this latter including, but not limited to, the report entitled 'Public Facility Fee (PFF) from the Research/Analysis Group lated April 30, 1987. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the :ity Council of the City of Carlsbad on the 28th day of July , 1987, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: kne ABSENT: None LTTEST : ( SEAL ) EXHIBIT 'A' TO CITY OF CARLSBAD COUNCIL POLICY. STATEMENT ;en@taL Subject8 REQUIREblENTS NECESSAP,Y TO SATISFY THE PUBLIC THE GENERAL PLAN jpeciffc Subjectt FACILITIES ELEVENT OF Paye 1 of 5 Policy No. 17 Date Issued 7/28/87 Effective ~~t~ 7/28 /87 , Cancellation Date 17 issued Supersedes No 4/22/g6 :opies to: ' City Council, City Managerr City Attorney, Department and Division Heads, Employee Bulletin Boards, Pressr File 3ACKGROUND In order to protect the public health, safety and general welfare of all the citizens of Carlsbad and to ensure a continued high quality of life within the City, the Public Facilities flement of the Carlsbad General Plar requires that an applicant or proponent of a development project present evidence satisfactory to the City Council that all necessary public services and facilities will be available concurrent with community need before any zoning, subdivision, development, or redevelopment approval or permit may be given or issued, It is the policy of the City to mitiqate the public service and facilities impacts created by new development and ensure that all public services and facilities will be provided in the manner which will ensure the continued hiqh quality of life in "Carlsbad, Prior to July 3, 1979, the City Council relied on a report of availabililty of public facilities and services received from City staff, On July 3, 1979 the City Maneger reported that in the future, those services and facilities cannot be made available to new development from the City's resources, As a re.su1t of that report the City Council adopted City CDuncil Policy No, 17 on August 29, 1979. Polic No, 17 has subsequently been amended at various times by the City .Council. The most recent amendment to City Council Policy No, 17 was effective on April 10, 1984. ' The City Council has been provided with various reports and information by the City staff since the adoption of City Council Policy No, 17 and the City Council finds that the facts and circumstances which required the adoption of Policy No, 17 continue to exist, On January 21, 1986 the City Council adopted llrqency Ordinance No. 9791 after a finding ot January 14, 1986 that establishment of the development manaqemenk system and public facilities and improvement phasing plan for the City was required to eliminate public facility shortaqes and to protect the community character and quality of life in Carlsbad. This system and plan is required in addition to the requirements established by City Council Policy No, 17. On March 25, 1986 the City Manager reported to Council on the status of public facilities in Carlsbad and recommended an increase in the public fa6ility fee, The report identified 8 list of facilities and services which would be funded by the public facilities fee, The list was approved by the City Council, In addition to the fee established pursuant to City Council Policy No. 17 the City requires developers to provide public improvements by a variety of different means, By utilization of a1 available methods the City Council will be able to find that public facilities will be provided concurrent with need as required by the Public Facilities Element of the Carlsbad General Plan. On July 28, 1987 the City Council accepted a revised repcrt on the availability of public facilities and adopted a revised public facilities fee of 3.5% which allows for interest costs associated with debt financinq library and civic buildings. 19 Page 2 of 5 9ITY OF CARLSBAD Policy No. 17 General subject: REQUIREMENTS NECESSARY TO SATISFY THE PUBLIC , Date Issued 7/28/87 COUNCIL POLICY STATEMENT , Effective Date 7/28/87 Specific Subject: FACILITIES ELEMENT OF THE GENERAL PLAN Copies'to: ' City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File PURPOSE I. 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 establishina 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. 1. 2. I b C n e 0 determining whether or not service provided by another entity will available concurrent with need in connection with a project, the uncil, 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. The City Council finds that the report entitled, IrA Public Facilities Fee for the City of Carlsbad", dated July 3, 1979 accurately reflected the City's need for and lack of ability to provide public facilities and services to new development and was therefore approved by the original Policy No. 17 adopted on Auqust 29, 1979. The City Council now finds, based on the reports submitted in support of Ordinance No. 9791 and in support of an increa,se to the public facilities fee as presented to the City Council on July28, 1987, that in addition to a public facilities fee other means of providing needed facilities and services must be established. These other means include the adoption of a development management system and various impact fees. 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, POLICY .. .CITY OF CARLSBAD 0 COUNCIL POLICY STATEMENT Pacre Of 17 Policy No. REQUIREVENTS NECESSARY TO SATISFY THE PUBLIC General Subject: Date Issued 7/2?/87 Effective Date 7/28/87 FACILITIES ELEMENT OF specific Subject: THE GENERAL copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File including but not limited to parks, major streets, traffic signals, storm drains, bridges and public buildings, such as fire stations, policies 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 a 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 project developer agrees to pay the public facilities fee established by this policy and other impact fees as may be adopted by City Council ordinance or resolution, and complies with any applicable facilities plans, the City Council will be able to find that public facilities and services will be available concurrent with need and that the requirements of the public facilities have been met. 3. 4. 5. Before any zoning, subdivision, development or redevelopment approval or permit may be given the applicant shall pay or agree to pay a public facilities fee in the amount of 3.5% of the building permit valuation of the buildings or structures or a fee of $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. 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, traffic signals, storm drains, bridges and other similar projects as the Council may deem necessary and appropriate. Designation of expendituFe3 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 improvments budget or at such other time as the Council may direct. 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 fro1 the same lot or parcel of land. The exception shall equal but CITY OF CARLSBAD I COUNCIL POLICY STATEMENT General subject: FU3QUIREMENTS NECESSARY TO SATISFY THE PUBLIC Specific Subject: FACILITIES ELEMENT OF THE GENERAL PLAN -- Page 4 of 5 Policy No. 17 Date Issued 7/28/87 Effective Date 7/28/87 Cancellation Date , 17 issued Supersedes NO. 4/22/86 Copies to: ' City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File 6. 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 building 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) Additions to existing single-family or two-family residential structures, provided the addition does not create a new dwelling unit or economy dwelling unit as defined by the Uniform Building Code (e) ' .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 accordancs with all applicable conditions, the fee, which would otherwise bi imposed by this chapter; shall immediately become due and payable. There is excluded from the fee imposed by this policy: (a) Any pers'on when impositon of such fee upon that person would be in violation of the Constitution and laws of the United States o the State of California. The construction of any bu'ilding by a nonprofit corporation exclusively for religious, educational, hospital or charitable purposes. United States or any department or agency thereof or by the Stat of California or any department, agency or political subdivision thereof. (b) (c) The construction of any building by the City of Carslbad, the Page 5 of 5 17 CITY OF CARLSBAD Policy No. , Date Issued 7/28/87 COUNCIL POLICY STATEMENT General Subject: REQVIREllENTS NECESSARY TO Specific Subject: FACILITIES ELEMENT OF SATISFY THE PUBLIC THE GENZML PLAN Effective Date 7/28 187 ,Cancellation Date ' 17 issued Supersedes No. 173186 Copies to: ' City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File 7. 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. 8. On August 29, 1979 the City Council adopted Policy No. 17. In so doing the Council found that public facilities were adequate for shall apply to projects involving the conversion of an existing building or mobilehome park to a condominium, planned unit development, stock cooperative or other similar form of ownership as If the building or park being converted was constructed before August 29, 1979 the fee to be paid shall be limited-to3.5% of the building permit valuation of any new construction done as a part af the conversion. If the building or park being converted was constructed after August 29, 1979 a fee of 3.5% of building permit valuation at the time of construction shall be paid plus a fee of 3.5% 'of the building permit valuati.on of any new construction done as a part of the conversion. * existing structures but not for any new development. Policy No. 17 ' follows: 9. Pursuant to City of Carlsbad Ordinance No.6082 the increased public facility fee shall apply to all projects for which building permits were or will be issued after July 28, 1987. a3 2075 LAS PALMAS DRIVE CARLSBAD, CA 92009-4859 EXHIBIT 'Br TO ' RESOLUTION NO. 9169 TELEPHONE (619) 438-1161 DEVELOPMENT PROCESSING SERVICES DIVISION PUBLIC FACILITIES FEE REQUIREMENTS City Council Policy No. 17 requires that all developers requesting a discretionary action for a project pay a Public Facilities Fee in the amount of 3.5 percent of the building valuation. The fee is computed by the Building Department and paid at the time the Building Permit is obtained. In the case of a condominium conversion, the fee is calculated on the building valuation at the time the fee is paid and the fee must be paid prior to obtaining a Final Map on the project. In addition to the above, a completed, signed, and notarized agreement to pay the Public Facilities Fee must be submitted with any application for a discretionary action. This agreement form should be completed by the Applicant and submitted as follows: 1. Select the appropriate form for either (a) the Developer and Owner are the same party, or (b) the Developer and Owner are different. 2. Fill in the date the agreement is completed; the name and address of the Developer (and Owner, if appropriate], and state if each is an individual, pa r t ne r s h i p , corporation, etc . 3. Fill in the type of project proposed to be constructed (e.g., 12-unit condominium" or 1130,000 square foot shopping center", etc., and the proposed name (if any). 4. Fill in the date the request will be (or was) submitted and the type of request 5. Type a short legal description of the property on the last sheet (Exhibit "AI'). 6. Sign the form in the presence of a Notary and have the Notary attach an (e.g., Ira tentative map", lkondominium permitll, or "rezoning", etc.) Legal must be an original! No reproduced copies will be accepted! Acknowledgement of Execution to the form. a. Fill-out the title of the person signing the form (General Partner, Vice-president, etc.). If the agreement is signed by a corporate officer, the Corporate Seal must be stamped by the signature. b. The Notary form must be for the correct type (e.g., Individual, Partnership. or Corporation) and be completely and properly filled out. 7. Use the attached form as an original; a reproduced copy will not be accepted! Submit the original of the agreement and one (1) copy. 8. A current copy of the preliminary T.itle Report must accompany each application. (The preliminary Title Report must have been issued within the last six (6) months. ) 9. Attach a check for $25.00, payable to "City of Carlsbad". RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 1 CITY OF CARLSBAD 1 1200 Elm Avenue ) Carlsbad , Cal iforni a 92008 ) Space above this line for Recorder's use Documentary transfer tax : Signature of declarant determining tax-firm name City of Carlsbad Parcel No. AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into tnis day of 9 19 by and between (name of developer-owner) a , hereinafter referred to as ( Cor por at ion , partner Shi p , etc . ) "Developer" whose address is (street) and THE CITY OF (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as 'ICity", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of tne real property described on Exhibit trAsl:, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, The Property lies witnin the boundaries of City; and WHEREAS, Developer proposes a development project as follows: REV 4-22-86 i on said Property, 'which development carries the proposed name of and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the day of ¶ 19 , with the City a request for hereinafter referred to as "Request"; and WHEREAS, tne 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, dated July 28, 1987, on file with the City Clerk and incorporated by this reference, 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, Developer proposes 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: -2- REV 4-22-86 This. fee Shal pursuant to T pay a fee for an amount not 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 3.5% of the building permit valuation of the building 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 development and shall be based on the valuation at that time. be in addition to any fees, dedications or improvements required tles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall conversion of existing building or structures into condominiums in to exceed 3.5% 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. permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or projects, shall not refer to 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. in the sum of $1,150 for each mobilehome space to be constructed pursuant to the Request. construction permits for the development. fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. The terms "other construction permits", "other construction Developer shall pay the City a public facilities fee The fee shall be paid prior to the issuance of building or other This fee shall be in addition to any The Developer may offer to donate a site or sites for public nancial obligation agreed upon in donate a site or sites for public 2. facilities Paragraph 1 n lieu of all or part of the f above. If Developer offers to -3- REV 4-22-86 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. 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. Such 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 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 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 herei n described. 6. All obligations hereunder Shall terminate in the event the Requests made by Developer are not approved. -4- REV 4-22-86 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 of 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 binding upon and shall ensure 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 ob1 i gations hereunder. 9. This agreement shall be recorded but snall not create a lien or security interest in the Property. been satisfied, City shall record a release. When the obligations of this agreement have -5- REV 4-22-86 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 Cal i forni a t name 1 BY (Title) BY IN ORENYAK For City Manager BY (Title) ATTEST: ALET HA L. KAUTtN KRANL, City Clerk APPROVED AS TO FORM: IINCENT F . BIONDO 9 JR*Y City Attorney (Notarial ac know1 edgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 4-22-86 e E X HI B IT "A 'I LEGAL DESCRIPTION 2075 LAS PALMAS DRIVE CARLSBAD, CA 92009-4859 DEVELOPMENT PROCESSING SERVICES DIVISION EXHIBIT 'c' TO RESOLUTION NO. 9169 TELEPHONE (619) 438-1 161 PUBLIC FACILITIES FEE REQUIREMENTS City Council Policy No. 17 requires that all developers requesting a discretionary action for a project pay a Public Facilities Fee in the amount of 3.5 percent of the building valuation. The fee is computed by the Building Department and paid at the time the Building Permit is obtained. In the case of a condominium conversion, the fee is calculated on the building valuation at the time the fee is paid and the fee must be paid prior to obtaining a Final Map on the project. In addition to the above, a completed, signed, and notarized agreement to pay the Public Facilities Fee must be submitted with any application for a discretionary action. This agreement form should be completed by the Applicant and submitted as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9. Select the appropriate form for either (a) the Developer and Owner are the same party, or (b) the Developer and Owner are different. Fill in the date the agreement is completed; the name and address of the Developer (and Owner, if appropriate), and state if each is an individual, part ne r s h i p , corpora t ian , etc . Fill in the type of project proposed to be constructed (e.g., 'la 12-unit condominium" or 1f30,000 squar,e foot shopping center", etc., and the proposed name (if any). Fill in the date the request will be (or was) submitted and the type of request (e.g., ''a tentative map", "condominium permit", or llrezoning'l, etc. ) Type a short legal description of the property on the last sheet (Exhibit "A"). Legal must be an original! No reproduced copies will be accepted! Sign the form in the presence of a Notary and have the Notary attach an Acknowledgement of Execution to the form. a. Fill-out the title of the person signing the form (General Partner, Vice-president, etc.). If the agreement is signed by a corporate officer, the Corporate Seal must be stamped by the signature. b. The Notary form must be for the correct type (e.g., Individual, Partnership. or Corporation) and be completely and properly filled out. Use the attached form as an original; a reproduced copy will not be accepted! Submit the original of the agreement and one (1) copy. A current copy of the preliminary Title Report must accompany each application. (The preliminary Title Report must have been issued within the last six (6) months. ) Attach a check for $20.00, payable to "City of Carlsbad". RECORDING REQUESTED BY AND ) WHEh RECORDED NIL TO: 1 1 CITY OF CARLSBAD 1 1200 Elm Avenue ) Carl sbad, Cal iforni a 92008 ) Space above this line for Recorder's use Document ary transfer tax; Signature of declarant determining tax-firm name City of Carl sbad I _-_----- Parcel No. by and AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into tnis day of ¶ 19 between (Name of Developer) a - , hereinafter referred to as (Corporation, partnership, etc.) iiDeveloperi' whose address is (Street) (City, State, Zip Code) and (Name of Legal Owner) a , hereinafter referred to as (Corporation, etc.) 'iOwnerfi WhOSe address is (Street) (City, State, Zip Code) AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as IcCity'', whose address is 1200 Elm Avenue, Carlsbad, Cal iforni a, 92008. REV 4-22-86 3/ RE C ITA LS WHEREAS, Owner is the owner of the real property described on Exhibit "A":, attached to and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, Tne Property lies within the boundaries of City; and WHEREAS, Developer has contracted with Owner to purchase the Property and proposes a .development project as follows: on said Property, Which development carries the proposed name of and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the day of 3 19 , with the City a request for 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 wi 11 be avai 1 ab1 e concurrent With need or such devel opment Shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS , Developer, Owner and City recogni ze the correctness of Counci 1 pplicy No. 17, dated July 28,-1987' on file with the City Clerk and incorporated by this reference, 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 -2- REV 4-22-86 WHEREAS, Developer and Owner have 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 and Owner are aware that the City cannot and Will not be able to make any Such findings without financial assistance to pay for sucn services and facilities; and therefore, Developer and Owner propose 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 and Owner Shall pay to the City a public facilities fee in an amount not to exceed 3.5% of the building permit valuation of the building 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 development 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. Developer and Owner shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed3.5% 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 "otner construction permits1' , "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or projects, shall not refer to 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 wnich the development is intended. Developer and Owner -3- REV 4-22-86 33 Shall pay the 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 otner 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 Cod e. 2. Tne Developer and Owner 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 and Owner 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 tne issuance of any building or otner permits. determination, when made, shall become a part of tnis agreement. Sites donated under this paragrapn snall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. Such 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 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 tnis 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 tnis and similar public facilities fees are avail able. -4 - REV 4-22-86 5. City agrees to provide upon request reasonable assurances to enable Developer and Owner to comply With any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Devel opment herei n 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 notice or by a duly authorized representative of Such party. Any such notice shall not be effective for any purpose whatsoever un?ess served in one of the following manners: 7.1 If notice is given to the City of 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 tne 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 binding upon and shall ensure to the benefit of, and shall apply to, the respective successors and assigns of Developer, Owner and the City, and references to Developer, Owner 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 ob1 i gat ions hereunder. -5- REV 4-22-86 35 At such time as Owner ceases to have any interest in the Property, all obligations of Owner hereunder shall terminate; provided, however, that if any successor to the Owner's interest in the Property is a stranger to this agreement, such successor has first assumed the obligations of owner in writing in a form acceptable to City. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. 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. OWNER; DEVELOPER: (Name) ( Signature) ( Name 1 BY TITLE (Signature) BY ( Name 1 - TITLE (Signature) ATTEST: CITY OF CARLSBAD, a municipal corporation of the State of Cal ifornia BY ILL IHk L. RAUT tNKRANf , City Clerk N ORtNYAK for C i ty Manager APPROVED AS TO FORM: VINCENT I-. BIONOO Y JR *, City Attorney (Notarial ac know1 edgenient of execution by DEVELOPER-OWNER must be attached .) -6- REV 4-22-86 36 * EX H I 8 IT "A" LEGAL DESCRIPTION