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Home My WebLink About1979-09-18; City Council; 5779-7; Public Facilities Fees (Implementing Agreements). . , . . . . . CITY OF CARLSBAD ---.- ---e._---I M;'lXDA BILL PJG. 5779--SuDp_Lement7- I_- DATE: ----,_ September -- 18, ilLi.EL----.. DEPARTMENT : City Attornev- _--.--- Subject-- --- .-.- , PUBLIC FACILITIES FEE--IMPLEMENTING AGREEMENTS . Statement of the 1Qtter VI --.--,--.---- The City Council at your adjourned regular meeting of August 29, 1979 adopted Council Policy No. 17 establishing the requirements necessary to satisfy the Public Facilities Element of the General Plan in order to approve zoning, rezoning, development or redevelopment proposals. The Council also directed the City Attorney to prepare the necessary documents to implement that policy. Attached is a form of a contract to be used to enter into secured agreements with applicants which will provide for the payment of a public facilities fee to provide the financial resources necessary to insure public facilities will be available to future residents of the City. Also attached is a resolution approving the agreement and authorizing the City Manager to sign them on behalf of the City. Exhibits Secured Agreement Between Developer and City. Resolution No.Sw37 Recommendation If the City Council concurs, your action is to adopt Resolution Nos9JXapproving the form of the agreement between Developers and the City for.the payment of public facilities fees and authorizing the-Manager to, execute them on behalf of the City. Council Action: 9-18-79 Council adopted Resolution 5935, approving the form of a Secured Agreement for. payment of Public Facilities Fees and authorizing the City Manager to execute them on behalf of the City,in accordance with Council Policy No. 17.: 1 A DATE: August 31, 1979 TO: City Manager FROM: City Attorney SUBJECT: IMPLEMENTATION OF COUNCIL POLICY NO. 17 In accordance with the City Council's direction, my office has prepared an agreement implementing Council Policy No. 17 and a resolution which authorizes you to execute such agreements on behalf of the City. They parallel the form developed by County Counsel for use by the School Districts in connection with school policies. It is contemplated that the agreements will be executed as a part of the preparation of the staff report on a developmental application. Completion of the agreement will allow the staff to represent to the decision making bodies that services and facilities which are the responsibility of the City will be available for the project concurrent with need in satisfaction of the requirements of the General Plan. Steps should be taken for those projects in process to have the agreements executed as soon as possible. There have been several developments already approved subject to a condition that they pay whatever fee the Council shall establish. The individuals responsible for those projects should be contacted and asked to execute the agreements in satisfaction of such conditions. The agreements require the Developer to furnish security, guaranteeing payment of the fee. It will, therefore, be necessary for the staff, in processing an agreement, to estimate the amount of construction which will occur pursuant to the approval for the development and then apply the 2% fee to that estimate. Obviously, there is considerable lati- tude for the exercise of judgment in making such estimates. It would be appropriate for your office to develop guidelines in that regard. For residential subdivisions the matter is relatively simple since the number of lots will generally be known and it will be possible to determine the likely type of construction by reference to the neighborhood. A situation for a rezoning is more difficult since that provides for a range of uses and the applicant in many cases will not have specific developmental plans. : . : , . , City Manager -2- August 31, 1979 As you know, it will be necessary to establish an administrative system to deals with the agreements. They will have to be posted to the City zoning maps so they can be picked up as a part of the processing of any subsequent developmental approvals on the same property. They will also have to be indexed so when a building permit is sought on a particular parcel, it will trigger the requirement for the payment of the fee. We will also have to keep track of the securities posted and establish a procedure for the release of all or part of such of such securities upon payment of the fee. Please let me know if you have any concerns about the documents we have prepared. As always, my office will be happy to assist in any way we can in the implementation of this rather significant new requirement. VFB/mla Attachments VINCENT F. BIONDO, JR. City Attorney 1 z 3 4 5 6 7 8 9 10 11 12 > ” I- is 18 19 20 21 22 23 21 25 26 27 28 RESOLUTION NO. 593s _ A RESOLUTiON OF THE CITY COUNCIL GF %HE \ CITY CF CARLSBAD; CALIFORNIA, ~APPRQVING THE FOR?4 C?i; A SECURED AGREEMENT FOR THE PAYMENT OF FUELIC FACIIZI'TES FRES AND AUTHCRIZING THE CITY MANAGZR TO EXECUTE THEM ON BEHALF OF THE CITY IN ACCORDANCE WITH CCUJJCIL POZICY NO. .1.7. .-~---- -.-, -_.-.- .-__-- WHEREAS, the Public Facilities Element of the General Plan provides that new development may not be approved unless the City Council is satisfied that all necessary public facilities will be available concurrent with need; and 5 WHEREAS, the City Council, by adoption of Council Policy No. 17, has found that there is a present need for and lack of ability to provide public facilities and services for new development and has established requirements which must be met in order to satisfy the public facilities ele~~~cnt of the General.Pl&. Said policy is on file with the City Clerk and is incorporated by reference herein; and WHEREAS, Council Policy No. 17 requires that, prior to the 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 building or structure or the sum of $1,150.00 for each mobilehome space to be constructed pursuant to such approval; and WHEREAS, the City Council wishes to establish a procedure to provide for the execution of secured agreements for the payment of public faciltities fees in satisfaction of the requirements of the Public Facilities Element of the General Plan and Council Policy No, 17; 1 2 z 4 7 E 9 3.C PASSED, APPROVED AND ADOPTED at a regular meeting of the 11 City Councilof the City of Carlsbad, California, held on the 21 22 23 24 25 . . 26 27 28 NOW, THEFXFORE, BE IT WSOLVED by the City Council of the City of Carl&ad, California as f5llows: \ 1. That the above recitations are true and correct, 2. That the City Council hereby approves the attached agreement entitled, "Secured Agreement Between Developer and the City of Carlsbad for the Payment of Public Facilities Fees", 3. That the City Manager is hereby authorized to execute . such agreements on behalf of the City of Carl&ad. .18th day Of September I 1979 by the following vote, to wit: AYES: Councilmen Skotnicki, Anear, Lewis and Couric?lwotnan Casler NOES : None ABSENT: Councilman Packat-d ATTEST: J. SKCTNiCKI, Vice-tizyor (SEAL) -2- SECURED AGREEMENT BETWEEN DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE +HIS SECURED of , AGREEMENT is entemd into this -- 19-t by and between Q -.-- (Nar6e of Developer/Owner) a I -.- (corporation, partnership, etc.) . -.---- c hereinafter referred to as "Developer",,whose address is ------ (street) - -f - (city, state, zip GGj 2/ and -...-_ -' 'THE CITY OF CARLSBAD, a nunicipal corporatim of the State 'of California, hereinafter referred to as IICity", whose address is 12GG Elm Avenue, Carl&ad, California 92008 . . WITNESSETH: A. WHEREAS, Developer is the owner of the real property described on Exhibit "A" .attached hereto and by this reference incorporated herein by reference, and hereafter referred to as "Property" 3J; and B. F'JHEREAS, the Property lies within the boundaries of City; and . , C. WHEREAS, Developer proposes to construct 4/ -._ on said Property, which development carries the proposed name of --- and is ---. hereafter referred to as "Development"; and D. WHERFAS, Developer (filed on the day ZT -, s ) (Iinten -- withthe City- l-9 ds to file) -- request for (hereinafter referred to as "Request") 5/ - . E. WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council. find that all public .facilities necessary to serve a devefopment will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and incorporated by reference herein); and F. WHEREAS, Developer 6/ and City recognize the - correctness of Council Pol.icy E;io. 17 (attached hereto and made a part hereof) and that the City's public facilities and services are at capacity and will not be available to accommodate people who may subsequently move into the proposed development; and G. WHEREAS, Developer I/, in order to meet the General Plan requirement asimplemented by Council Policy No. 17, has requested of thE! City assurances that public facilities and services will be available to meet the needs of the future \ residents of the development as it is presently proposed and the Developer is aware tha,t the City cannoti and will not, be able to give Developer any such assurances without financial assistance to pay for such services and facilities: and H . WHEREAS, the Developer 8/ agrees to provide such - financial assistance in accordance with the terms of this agreement and the City agrees to provide assurances that public facilities and services will be available to meet the . needs of the future residents of the development as it is presently proposed. NC)W, THEREFORE, THE PARTIZS HERETO HEREBY AGREE as fo&lows: . 1. ,The Developer 9/ shall pay to the City a public:: - facilities fee in the amount of 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 issuance of building, grading or other permits for the development and shall be based on the valuation at that time. 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 Munitiipal Code. 2. The Developer lO/ may in the future offer to - donate a site for public facilities in lieu of all or part -3- .‘. . of the financial aobligation agreed upon in paragraph 1 above, which offes the City shall consider but is not obligated to accept. 3'. To secure Developer! s ll/ obligation heireundar, _.I Developer 12/ - shall provide to City the securities called .for in subparagraph 3.1 or 3.2 or 3.3: 3.1 A surety bond in favor of City in a form acceptable to the City Attorney from an insurer acceptable to City in the amount of the estimated fee for the Development c to insure Developer's 11; performance of the terms of this - agreement. 13/ - . 3.2 h bank or savings and loan time certificate of deposit in the amount of the estimated fee for the Development in a form acceptable to the City Attorney naming the City as an irrevocable assignee for the term of this agreement, and expressly providing that any interest ,accruing on the time certificate of deposit shall be solely the property of depositor and the City shall have no rights to any such interest. 13/ 3.3 Such other security as may be acceptable to . a. the City. 13/ - The securities required hereby shall be released upon satisfaction of Developer's II/ obligation. In phased projects, the City . - Manager may release a portion of the security upon payment of fees for a part of a Development. 4. City agrees to provide assurances that public facilities and services which will be available to meet the . -4- . needs of the future residents of the areas to be developed and will furnish Developer 14/, upon his request, assurances - neceskary to enable Developer 14/ -_ to comply with any require- ments of other $ubli.c agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the developments herein described. 5. All obligations hereunder shall terminate in the event the Requests made by Developer are not'approvcd and the City shall'within ten (10) days after written notice to City by Developer, deliver to Developer necessary documents for releasing the*security provided to City pursuant to paragraph 3 hereof. 6. Any notice from one party to the other Shell be in writingI 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 fol:owing manners: 6.1 If notice is given to the City, by personal delivery thereof to the City or by depositing the same in the United States Mail, addressed to the City at the addre!Es set forth herein, enclosed in a sealed'envelope addressed to the City for attention of the City Manager, postage prepaid an certified. 6.2 If notice is given to Developer, by personal delivery thereof to Developer or by depositing the same in -s- * the United States Mail, enclosed in a sealed envelope addressed to Developer at the address set forth herein or at such other address as may have been designated, postayc prepaid and certified. 6.3 If notice is given to a surety or other personr by personal delivery to such surety or other person or by depositing the same in the United States Mail, enclosed ' in a sealed envelope addressed to suc'h surety or person at - the address at which such surety or person last communicated to the party giving notice, postage prepaid and certified. 15/ s - 7. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer 16/ and the C.ity, and - references to Developer 17/ or the 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 Developerr's obligations hereunder and shall have complied with paragraph 3 hereof. 18/ - 8. This agreement shall be recorded. When the obligations of this agreement have been satisfied, City shall record a release. -fj-. , IN WITKESS WHEREOF, this agreement is executed in San Diego~County, California as of the date first written abovc. DEVELOPER: 19/ - !Na.me) BY -- ._- - - Title --.- c ATTEST: Title - -- CITY OF CARLSBAD, a municipal corporation of the State of California --,_ kLE'J?HA L. RAUTENKRAXZ, - City Clerk BY - -- -I- -- City Manager . APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney -7- . , L. y y FOOTNOTlES: Full information concerning the Owner and Developer should be set out here and tlhe name of the Owner should be identical. to that used by the Owner in holding title to the property. If Developer is other than the Owner, add "And - (Name of Legal Owner) a (Corporation, etc.)' ------ Hereinafter referred to as "Owner" whose address is: L . . -- The exact legai description of the property should be set fcrth on Exhibit "A". If Developer is not the Owner, replace the word “DeVeloper” with the word "Owner" in the firs-i; line. Insert a description of the proposed project. If the Developer is not the Owner, 1st line should read, '"WHEREAS, Developer has contracted with Owner to purchase the property and proposes to construct". State whether the Developer has or will apply for a rezoning and/or conditional ilse permit or soxe other permit or application. Where the property is to be rezoned, state the present zoning and the proposed zoning. Where an application number has been assigned by the City, state the number. If Owner is not the Developer, add "And Owner". If Owner is not the Developer, add "And Owner". If Owner is not the Developer, add "And Owner". If Owner is not the Developer, add "And Owner". If Owner is not the Developer, add "And Owner". * . . . .‘-. _. p, ” . ‘s A c ll/ - 121 2 13/ - 14/ - 15/ - 16/ - 17/ - l8/ - gy If Owner is not the Developer, add "And Owner's". If Ovner is not the Developer, add "And Owner". The proposed form of bund or time certificake of deposit or other security should be submitted to th? City before the Developer and Owner signs this Agreement to assure that the bond or certificate will be in a form satisfactcry to the City when later delivered. If Owner is not the Developer, add "Or Owner". If Owner is not the Developer, add 86.4 providing in similar terms for notice to the owner. If Owner is not the Developer, add ", Owner". If Owner is not the Developer, add "Or Owner". If Developer'is not the Owner, add "At such time as Owner ceases to have any interest in the property, all obligations of Ow:iler 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 and shail have complied with paragraph 3 hereof." If Owner is not the Developer, add appropriate signature blanks for Owner. -g-