HomeMy WebLinkAbout1993-05-18; City Council; Resolution 93-148\I I1 e 0
1 RESOLUTION NO. 93-148
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE ANNEXA-
TION OF TERRITORY IN THE FUTURE TO AN EXISTING
COMMUNITY FACILITIES DISTRICT
4 11 WHEREAS, the CITY COUNCIL of the CITY OF CAR: 5
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CALIFORNIA, (hereinafter referred to as the "legislative bl
the local Agency"), has declared its intention, conC 7
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proceedings and held a public hearing relating to the authc
tion to annex territory in the future to an existing Comt
Facilities District pursuant to the terms and provisions (
"Mello-Roos Community Facilities Act of 1982", being C1
2.5 , Part 1, Division 2, Title 5 of the Government Code c
State of California, and specifically Article 3.5 thereof.
existing Community Facilities District is designat
COMMUNITY FACILITIES DISTRICT NO. 1 (hereinafter referred
the "District"); and,
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WHEREAS, it has now been determined to be within the
public interest and convenience to establish a procedu
allow and provide for future annexations to the exi
District and further to specify the amount of special taxes
would be levied in any future annexation area, as we
setting forth the terms and conditions for certification c
annexation in the future; and,
WHEREAS, the area proposed to be annexed in the f
shall be known and designated as COMMUNITY FACILITIES DI5
NO. 1 (FUTURE ANNEXATION AREA) (hereinafter referred to a
"Future Annexation Area") , and a map showing the territo
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the area proposed to be annexed in the future has
submitted, which said map is hereby approved and a copy o
map shall be kept on file with the transcript of these pr
ings; and,
WHEREAS, it has now been further determined that w 6/1 protests have not been received representing a majority p.
711 against the future annexation proceedings. 811 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
911 RECITALS
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SECTION 1. That the above recitals are all tru
correct.
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ANNEXATION AUTHORITY
SECTION 2. That this legislative body does hereby i
1411 rize for the annexation of territory in the future pursua
I511the provisions and authorization of Section 53339.7 o l6Il Government Code of the State of California.
1711 PUBLIC CONVENIENCE AND NECESSITY
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SECTION 3. That this legislative body hereby deter
that the public convenience and necessity requires a proc
to allow and authorize territory to be annexed in the futt
21// the existing Community Facilities District in order to pa
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costs and expenses for the required and authorized 1
facilities.
BOUNDARIES
SECTION 4. A description of the boundaries and terr
proposed to be annexed in the future is as follows:
271 I All that property and territory proposed
2s annexed in the future to the existing Community Facil
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1 District, as said property is shown on a map as prevj */I approved by this legislative body, said map identified b
311 name of the existing Community Facilities District and fl
411 designated as the Future Annexation Area, a copy of which
511 file in the Office of the City Clerk and shall remain OPE 611 public inspection. Future annexation proceedings can on
711 completed with the unanimous consent of the owner or own€ s1/ any parcel proposed for final annexation.
91 I NAME OF DISTRICT
l01 I SECTION 5. The name of the existing Community Facil
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District is COMMUNITY FACILITIES DISTRICT NO. 1, and the de:
tion for the Future Annexation Area shall be COMMUNITY Fi
TIES DISTRICT NO. 1 (FUTURE ANNEXATION AREA).
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FACILITIES
SECTION 6. That the types of public facilities provil
16/1 the existing District are those described as follows:
1711 I. Public facilities generally describec 1811 new library facility, a major addition to an existing 1
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building, a City Hall complex, and the addition of offic
warehouse facilities at the public safety center. 21/1 11. Park improvements generally designal
22/1the MACARIO CANYON PARK.
2311 111. Major street improvements in portic
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the following designated public streets: FARADAY AVENUE,
ROAD, LA COSTA AVENUE, OLIVENHAIN ROAD/RANCHO SANTA FE RO.
LEUCADIA BOULEVARD.
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IV. Major bridge and overpass facil
generally described as the LA COSTA INTERCHANGE, POINSETTI,
INTERCHANGE and PALOMAR AIRPORT ROAD INTERCHANGE.
No additional facilities will be necessa
provided in the Future Annexation Area and the faciliti
described for the existing District will serve the prop
within the Future Annexation Area.
8/1 SPECIAL TAXES
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SECTION 7. It is the intention of this legislative
that, except where funds are otherwise available, a speci,
sufficient to pay for said facilities to be provided i
Future Annexation Area, secured by recordation of a cont
lien against all non-exempt real property in the Future A
tion Area, will be levied annually within the boundaries I
Future Annexation Area. The special taxes shall be thc
originally authorized through the formation of the or
Community Facilities District and adopted by Ordinance 0:
legislative body, and no changes or modifications are pr
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in the special taxes from those as originally set forth an
applicable to the Community Facilities District.
For particulars as to the rate and metk
apportionment of the proposed special tax, reference is m
' the attached and incorporated Exhibit "A", which sets fo.
sufficient detail the method of apportionment to alloc
landowner or resident within the Future Annexation AI
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clearly estimate the maximum amount that said person wil
to pay on said special tax.
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1 This legislative body further authorizes
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and adopted by Resolution of this legislative body. 5
special tax and all details and particulars shall be set 4
satisfied by the payment of the maximum present value o 3
special taxes to pay for capital facilities may be prepai
6 The proposed special taxes shall be col
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in the same manner as ad valorem property taxes and shi
in any case of delinquency as applicable for ad valorem 1 9
subject to the same penalties, procedure, sale and lien pr
10 however, as applicable, this legislative body may establi~
11 adopt an alternate or supplemental procedure as necessary.
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SECTION 8. Annexation of property in the future sha 13
ANNEXATION EFFECTIVE DATE
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will be required. 18
no further public hearings or additional election procel 17
proposed for annexation. Upon recepit of the written co1 16
owners of each parcel or parcels at the time that any par( 15
effective only with the unanimous approval of the own
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SECTION 9. It is hereby further determined by this le( 20
VALIDITY OF PROCEEDINGS
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tive body that all annexation proceedings hereto were vali
provisions of the “Mello-Roos Community Facilities Act of l! 23
in conformity with the requirements of law, and specificall
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SECTION 10. ImmedLately upon the receipt of a prc 25
NOTICE
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ings, a notice of annexation shall be recorded in the Off: 27
owner consent and the certification of the annexation pr~
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Government code of the State of California. 2
the county Recorder as authorized by Section 53339-8 c
Car-sbad city Council held on the 18th day Of MAY 4
PASSED, APPROVED AND ADOPTED at a regular meeting (
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13 ALETHA L. RAUTENKRANZ, City Cl\erk
1993, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnili
NOES : None
ABSENT : None
ATTEST:
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(SEAL)
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0 a
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EXHIBIT "A" 3
COMMUNITY FACILITIES DISTRICT NO. 1 2
CITY OF CARLSBAD
PROPERTY CATEGORIES AND MAXIMUM TAX
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All taxable property within the boundaries of the Future A
tion Area shall be subject to ANNUAL SPECIAL TAXES as appl
based upon the rates as established for the original Coml
Facilities District No. 1 and further based upon the pri
categories, maximum tax rates, increases and status c
issuance of building permits, all as hereinafter set
Improvement Area I refers to all properties within the bl
ries of the City of Carlsbad Bridge and Thoroughfare Dis'
Improvement Area I1 is for all remaining properties withj
Community Facilities District, not within the Bridge & Tho
fare District.
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ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY 12
RESIDENTIAL PROPERTY
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All taxable property prior to the issuance of a building :
subject to increases as set forth herein:
shall be subject to the following maximum annual special
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PROPERTY CATEGORY AREA I AREA I1 17
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MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPE:
Residential Low $ 281.00 $ 277.00 1s
Residential Low to Medium 772.00 760.00 19 Residential Medium 1,294.00 1,217.00
Residential Medium to High 1 , 984.00 1,868.00
20 Residential High 2,793.00 2,739.00
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
21 SPECIAL DEVELOPMENT TAX - ONE TIME
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MENT TAX - ONE TIME, also subject to increases as set 23 ties shall be subject to the following described SPECIAL DE'
Upon the issuance of a building permit, all Residential p
herein, as follows: 24
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MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER
RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990
IMPROVEMENT IMPROVEMENT
3 PROPERTY CATEGORY AREA I AREA I1
4 Residential Low to Medium 4,452.00 3,835.00
Residential Low $ 4,452.00 $ 3 , 835.00
Residential High 2,810.00 2,312.00 6
Residential Medium to High 2 , 810.00 2,312.00
Residential Medium 2 , 810.00 2 , 312.00 5
7 COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY 41 ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
9 All taxable Commercial and Industrial Property prior t
maximum annual special taxes, also subject to increases z 10
issuance of a building pernit shall be subject to the €01
forth herein:
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12 PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/199:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROP1
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IMPROVEMENT IMPROVEMENT
AREA I AREA I1
Commercial Property $ 2,400.00 $ 1,600.00
Industrial Property 1,200.00 960.00
Agricultural Property -0- -0-
All Commercial and Industrial Property, upon the issuance
building permit, shall have the option to (1) pay the SE
DEVELOPMENT TAX - ONE TIME or (2) assume the ANNUAL SPECIA - DEVELOPED PROPERTY for a period of not to exceed twentl
(25) years, generally in the amounts per property catego
follows:
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FI
YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA
PROPERTY CATEGORY
IMPROVEMENT IMPROVEMEN7
COMMERCIAL USE DESIGNATIGNS AREA I AREA I1
Restaurant - Fast Food
Outdoor Tennis Courts
Convenience Market
Bank with Drive-thru
Campground
Restaurant - Sit Down
$ 28.46 $ 7.58
28.14 7.26
27.31 6.74
18.06 5.72
17.51 4.99
15.17 4.73
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OR, IN THE ALTERNATE,
ANNUAL SPECIAL TAX
The "Maximum Annual Special Tax - Developed Property" fc
Fiscal Year shall not exceed 13.81% of the authorized I'M,
Special Development Tax - One Time" for the various Comml
and Industrial Property categories as set forth above i
amount applicable and annually adjusted for each Fiscal Yea
ANNUAL TAX INCREASE
The above SPECIAL TAXES for the taxable properties are a
able for the fiscal year 1990/91, and are all subject to
increases to reflect increases in construction costs.
Construction Cost Index of the Engineering News-Record,
"ENR Cost Indexes in 22 Cities" will be used. The
published for the month of April for the City of Los A
under the column heading of "Percentage Change from Last
will annually inflate each of the Maximum Annual Taxes fo:
year €or properties as follows:
13 A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of t
above-referenced increase.
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15 of the above-referenced increase until annexed.
B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed 1
16/1 TERM OF TAX
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DEVELOPMENT TAX - ONE TIME has been paid; however, the 1s charged and facilities funded and/or guaranteed, and the S
The above taxes shall be levied until all bonds have bee1
SPECIAL TAX - DEVELOPED PROPERTY shall not be levied
19 period in excess of twenty-five (25) years per parcel.
20 Residential:
21 Once a building permit has been issued for Residential pr
and the SPECIAL DEVELOPMENT TAX - ONE TIME has been paic 22 property no longer will be subject to any annual special ta
23 Commercial & Industrial:
24 The Commercial and Industrial properties, upon the issuancl
building permit, have the option to (1) pay the SPECIAL DE 25 MENT TAX - ONE TIME or (2) assume the ANNUAL SPECIAL
DEVELOPED PROPERTY, as set forth above. Upon the issual 26 any building permit, no further increase or escalatj
authorized.
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1 ALLOCATION OF COST AND TAX
2 Total capital costs for all authorized facilities sh'
3 Commercial & Industrial property. The above costs exclude
allocated as follows: 65% to Residential property, Z
4 of issuance as needed.
5 Residential property shall be taxed in an amount sufficic
6 of issuance, interest and other costs, including sinkinc
meet the 65% share of facilities, which tax will include
payments for future construction as applicable.
711 Commercial & Industrial property shall be taxed in an i
$3 sufficient to meet the 35% share of facilities, which tar
sinking fund payments for future construction as applicable 9
include costs of issuance, interest and other costs, inc.
10 COLLECTION OF ANNUAL TAX
11 Residential:
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Determine monies necessary to make payment on bond debt sel
replenish reserve, call bonds, pay bonds and Community Fz
ties District No. 1 administrative costs, and pay for 1
capital facilities. FIRST: Reduce this amount by the
collected from Special Development Tax - One Time levied as
residential properties. SECOND: The remaining funds needs
to be collected by the levy of the annual Special :
Undeveloped Property on undeveloped taxable residential acr
in the proportional amounts for each property catego
required, not to exceed the maximum authorized tax.
Commercial and Industrial:
Determine monies necessary to make payment on bond debt ser
replenish reserve, call bonds, pay bonds and Community Fa
lies District No. 1 administrative costs, and pay for curre
future public capital facilities. FIRST: Reduce this amou
the funds collected from Special Development Tax - One Tim
annual Special Tax - Developed Property levied against co
cial and industrial properties. SECOND: Levy the a
Special Tax - Undeveloped Property on undeveloped taxable co
cial and industrial acreage in the proportional amounts for
property category as required, not to exceed the maximum tax
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