HomeMy WebLinkAbout1998-09-08; City Council; Resolution 98-298.*
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RESOLUTION NO. 98-298
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, SUSTAINING
THE ACTION OF THE APPEALS PANEL AND
CLARIFYING THE LANGUAGE OF THE RATE AND
METHOD OF APPORTIONMENT OF SPECIAL
TAXES FOR COMMUNITY FACILITIES DISTRICT NO. 1
WHEREAS, the State Legislature approved the Mello-Roos Community Facilitie:
Act of 1982 which allows landowners to approve a special tax to be levied upon thei
property to fund the construction or acquisition of facilities or services, and
WHEREAS, the City Council of the City of Carlsbad approved the formation o
Community Facilities District No. 1 (CFD No. 1) in May 1991 to provide funding for 2
variety of infra-structure projects needed to meet growth management requirements
and
WHEREAS, CFD No. 1 generally provides for the establishment of two types o
special taxes: an annual tax on undeveloped property and a one-time tax 01
developed property, and
WHEREAS, the formation documents for CFD No. 1 allow interpretations to bt
made by resolution of the City Council when needed to clarify any vagueness o
ambiguity in the application of the special tax formula;
WHEREAS, the formation documents also provide for an Appeals Panel to hea
appeals from landowners or residents of the amount or formula of the special taxes.
The Appeals Panel is made up of three members as appointed by the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City c
I Carlsbad, California, as follows:
1. That the above recitations are true and correct.
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2. That the action of the Appeals Panel is sustained and a refund of special taxes
paid for the Community Facilities District #I (CFD) by Kaufman and Broad is
approved totaling $53,724.24.
3. That the following interpretation is made to the "Rate and Method of
Apportionment of Special Taxes" for Community Facilities District No. 1:
Definition of Net Density: The actual approved dwelling units
for the tentative map divided by the Developable Acres (as
defined by the Carlsbad Municipal Code, Section 21.53.230).
Where no subdivision of land is required, net density shall be
the actual approved dwelling units divided by the Developable
Acres of the parcel (e.g., apartments).
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad
City Council held on the 8 th day of September , 1998 by the following
vote, to wit:
AYES: Council Members Lewis, Kulchin, Nygaard, Finnilafi
NOES: None
ABSENT: None
ATTEST: &iL* NZ, City Clerk (SEAL)
KAREN R. KUNDTZ, Assistant City Clerk