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HomeMy WebLinkAbout1979-11-06; City Council; 5998-1; Public Facilities Fee.. CITY OF CARLSBAD %- Initial: Dept . Hd . C. Att DATE : NOVENBER 6, 1979 DEPARTMENT: CITY MANAGER C. Mgr AGENDA BILL NO. 599f 1 J Subject: PUBLIC FACILITIES FEE: APPLICATION OF FEE TO NON-DISCRETIONARY PEFGIITS Statement of the Matter At its September 18, 1979 meeting, the Council adopted the Second Phase Sewer Allocation System. The Second Phase Allocation System provides for the imposition of the Public Facilities Fee as a condition to receive a sewer allocation in Carlsbad service area. The Council discussed the inequity of imposing the fee as a con- dition of sewer allocation on what normally would be ministerial permits not subject to the fee. The Council also was concerned with inequity resulting because only sewer allocations in Carlsbad service territory would be subject to the fee while sewer allo- cations in the service territories of Leucadia County Water District and San Marcos Municipal Water District would not. The Council requested that Policy 17 be placed on the agenda for reconsideration. City staff has analysed and discussed the issues involved. Ne have concluded that the most prudent way to resolve the inequities at this time is to delete the requirement to pay the Public Facilities Fee as part of the Second Phase Sewer Allocation. Recommendation: If the Council concurs in the staff recommendation, your action is to amend Resolution No. 5933 to delete the requirement to 2ay the Public Facilities Fee as a condition for the issuance of a sewer allocation and continue reconsideration of Policy 17 until the report of the Public Facilities Fee Committee is completed. Exhibits: 1. Memo to City Manager dated October 26, 1979. 2. Excerpts of Council Minutes from the September 18, 1979 meeting. 3. Council Policy 17. Council Action: 11-6-79 Council directed that Resolution No. 5933 be amended to delete the requirement to pay the Public Facilities Fee as a condition for the issuanwof a sewer allocation and continue reconsideration of Policy 17 until the report of the Public Facilities Fee Committee is completed. DATE : OCTOBER 26, 1979 TO : CITY MANAGER FROM: Assistant to City Manager SUBJECT: APPLICATION OF PUBLIC FACILITIES FEE TO THE SECOND PHASE SEWER ALLOCATION. At its September 18, 1979 meeting, the Council adopted the Second Phase Sewer Allocation System. The Second Phase Allo- cation System provided for the imposition of the Public Facili- ties Fee as a condition to receive a sewer allocation in the Carlsbad service area. The Council discussed the inequity of imposing the fee as a condition of sewer allocation on what normally would be ministerial permits not subject to the fee. The Council also was concerned with the inequity resulting because only sewer allocations in Carlsbad service area would be subject to the fee, while sewer allocations in the service territories of Leucadia County Water District and San Marcos Municipal Water District would not. The Staff has discussed the problems and inequities involved in imposing the fee as part of the Second Phase Sewer Allocation. We share the con- cerns raised by the Council at its September 18, 1979 meeting. The need for the fee exists so that capital facilities may be provided to serve residents throughout the city. It is inequi- table to burden only recipients of a Carlsbad sewer allocation with the fee, while recipients of sewer allocations from Leucadia County Water District and San Marcos Municipal Water District would not be subject to payment of the fee. One way to resolve the inequity would be to impose the public facilities fee on all building permit applications. The advan- tage of doing so would be that funds would immediately begin to be generated for capital facilities construction. However, the use of these funds may be restricted if the fee was subjected to legal challenge and the funds were impounded until the legal issues were resolved. The disadvantages of imposing the fee on all building permits at this time is due to the serious legal and policy questions which such action may cause. Universal appli- cation of the fee to non-discretionary permits has certain legal risks which the City Attorney is able to more fully discuss. Council action at this time to impose the fee universally may create hardships on many who have not anticipated such a fee and made provision for it in their financing packages. The Council may wish to postpone consideration of the universal imposition of the fee until the report of the Public Facilities Fee Committee is received. With so many uncertainties and unanswered questions, the safest course of action at this point appears to be to amend the Second Phase Allocation system to October 26, 1979 Page 2 delete the requirement of paying the public facilities fee as a condition of sewer allocation. Although a narrow majority of those voting at the June 6th election supported the public facilities fee, the purpose and need for such a fee may not be widely understood by the community. A more thorough under- standing of the fee may increase the likelihood of acceptance of such a fee by the community. In addition, the Council may desire to reconsider the legal risks involved in imposing the public facilities fee by Council Ordinance. Imposition of the public facilities fee on discretionary permits has a more solid basis and the Council may desire to continue Policy 17 in effect until the Council receives input from Public Facilities Committee and the entire policy area can be reviewed. It is recommended that the Council amend the Second Phase Sewer Allocation system, Resolution No. 5933, to delete the requirement to pay the public facilities fee as a condition of the issuance of a sewer allocation and continue reconsideration of Council Policy 17 until the report of the Public Facilities Fee Com- mittee is completed. FRANK N. MANNEN Assistant to City Manager FNM : gb CITY - OF CARLSBAD . COUNCIL POLICY STATEMENT General Subject: Requirements Necessary to satisfy the Public Specific Subject: Facilities Element of the General Plan - P,olicy No, 17 Date Issued 8-29-79 Effective Date 8-29-79 Cancellation Date Supersedes No -17 issued ~ 9-6-78 Copies to: City Council, City Manager, City Attorney, Department ana Division Heads, Employee Bulletin bards, Press, File - BACKGROUND: -- I The Public Facilities Element of the General Plan requires that before giving approval to zonifig, rezoning, development or redevelopment proposals, the public health and safety and the general welfare of the community and all its citizens require that the proponent of any such actions shall present evidence satisfactory to the City Council . that all necessary services and facilities will be available concurrent with need. For those services and facilities provided by another entity, the Council has and will continue to be guided by a letter of availability from such entity. has previousl9,relied on a report of availability from the City Staff. On July 3, 1979 the City Manager reported that in the future such services and facilities could not be made available to new d5velopment from the City's resources. PURPOSE : For those services provided by the City, the Council 1, 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 establishing a fee to fund the cost of City-provided facilities, including hut not limited ta: Parks, major streets, traffic sicpals, 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. POLICY: 1. brill be available concGrrent with need in connection with a development, the Council, 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. In determining whether or not service provided by another entity .. - C3 * OF CARLSBAD COUNCIL POLICY STATENENT General Subject: Requirements Necessary to satisfy the Public Specific Subject: Facilities Element of the General Plan Page 2 of 4. . 4 ,licy No- 17 - Date Issued 8-29-79 Effective Date 8-29-79 . . Cancellation Date Supersedes No, 17. issued 9-6-78. -- - Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File .. 2. The City Council finds that the 'report- entitled, "A 'Public Facilities Fee for the City of Carlsbad", dated July 3, 1979, accurately reflects the City's need for and lack of ability to provide public facilities and services to newsdevelopment and it is hereby approved- 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, including but not limited to parks, major streets, traffic signals, storm drains, bridges and public buildings, such as fire stations, police 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. practical andequitable method of paying for such facilities is to impose a fee upon new'"deve1opment in the City. enable the City to fhd a construction program to provide public facilities, If a development agrees to pay the public facilities fee established by this policy, the Council will be able to find that all 'necessary public facilities and services will be available concurrent with need and that the requirements of the Public Facilities Element have been met. If that finding cannot be made, the City Council will be required to disapprove the development. The most, Payment of such a fee will * 3, Prior to 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 buildings or structures or $1,:$50 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. 4. A credit toward the fee imposed by this policy 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 Municipal Code. 5, 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, b' c CI OF CARLSBAD , COUNCIL POLICY STATEEENT Page 3 of 4 4 . /licy No-17 Date Issued 8-29-79 . General Subject: Requirements Necessary to satisfy the Public Specific Subject: Facilities Element of the General Plan 1 Supersedes No. 17 issued 9-6-78 Copies to: City Council, City Manager, City Attorney, Department and .Division Heads, Employee Bulletin Boards, Press, File traffic signals, storm drains, bridges and' other'similar projects as the Council may deem necessary and appropriate. expenditures of funds availabl? from the fund shall be made by the City Council in the context of approval of the City's annual operating and capital improvements budget or at such other time as the Council may direct. Designation of . The fdllowing exceptions from payment of the fee shall apply: (a) space which is a replacement.for a building or space being removed from the same lot or parcel o€ land. exceed the fee which would be payable hereunder if the building be'ing replaced were-steing newly constructed. new building exceeds the amount of this exception, such excess shall be paid, 'such as a club house, swimming pool, or laundry facilities, _- 6. The construction of a building or structure or mobilehome The exception shall equal but not If the fee imposed on the -.. . ..... (b) Accessory buildings or structures in mobilehome parks, - Buildings 0.r structures which are clearly accessory to an existing use such as fences, pools, patios and automobile garages. (d) The City Council may grant an exception €or 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 accordance with all applicable conditions, the fee, which would otherwise be imposed by this chapter, shall immediately become due and payable. (c) 7. There is excluded from the fee imposed by this policy: (a) Any person when imposition of such fee upon that person would be in violation of the Constitution and laws of the United States or the State or' California. (b) The construction of any building by a nonprofit corporation exclusively for religious, educational, hospital or charitable purposes. .. .. Page 4 of 4 ->licy NO. 17 Date Issued 8-29-79 Effective Date 8-29-79 Cancellation Date . '. C-Y OF CARLSBAD COUNCIL POL.ICY STATEFENT General Subject: Requirements Necessary to satisfy the Publie Specific Subject: Facilities Element of the General Plan c- Supersedes No. 17 inerJ 9-6-78 Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File (c) The construction of any bu5lding by the City of Carlsbad, the United States or any department or agency thereof or by the State of California or any degartrnent, agency or political subdivision thereof. \ 8. The City Manager shall be responsible for the administration . and enforcement of this policy. the City CounciL whose decision shall be final. His decisions may be appealed to _- .. -.. ... .. . .. . b. -/- .. September 18, 1979 . Councilman Skotnicki indicated his appeal was predicated on unif.orm application of Council Policy 17 in that projects approved by Council subsequent to the June election had been conditioned on provision of public facilities. .A Request To Speak having been properly filed, Council recognized Lary Breitbarth, 804 Elm Avenue, Carlsbad, CA., applicant for SDP 79-3. Mr. Breitbarth objected to the applicability of the policy to his project. 'In this regard, he referenced previously approved projects without the requirement to pay Public Facilities' Fees. Council discussed the matter and with regard to those projects referenced by Mr. Breitbarth, it was noted that those not conditioned*to payment of Public Facilities' Fees were approve prior to the June election. ' Council approved Site Development Plan 79-3 subject to the recommended conditions, with the exceptions noted in the September 5, 1979 Memorandum from the Planning Director that add the public.facilities finding and requirement to pay'a public facility fee. The City Attorney was directed to prepare the necessary documents. SYSTEM. - 19. AB #5998 - SECOND PHASE SEWER ALLOCATION The Planning Director gave the staff report indicating that differences betw-een single family and multiple family land uses and the point system within the single family category had been clarified, as reflected in the substitute pages accornpany- ing his September 18, 1979 Memorandun to Council. Additionally, staff had made a determination that motels were to be included in the Commercial Category (Exhibit G) "with taxable sales or transient occupancy tax potential to the City". Further,-Mr.-Hagam&n clarified that no applications for allocations in the redevelopmknt area would be accepted until the Village Redevelopment Area Plan is adopted. . Prior to adopting the Plan, a report would . be presented for .determining the allocation. A Request To Speak having been properly filed, Council recognized Steven Tague, 4217 Sierra Morena, Carl-sbad, CA. Plr. Tague objected to the provision in the system that required persons obtaining sewer connections to pay a . public facilities' fee. F' Motion Ayes .-.. .I .."i I m -c I ., .- OF CARLS5A" -8- CIT .. .. a. .. ' : .. .. . .. September 18, 1979 A Request To Speak having been properly filed, Council recognized Nicholas C. Banchc, 3464 Ridgecrest Drive, Carlsbad, CA., representing the Highland Company and.Tiberio/ Peacock. Mr. Banche expressed the concern that no preference was given to projects with , a long-standing commitment to development. He ,further ekpressed the opinion that the negative 'point system penalized large developments. . In response to questions by Jack Sprague, ' *4800 Williamsburg Lane, #104, La Mesa, CA., representing Carlsbad Countryside Hamilet, it was suggested .that 1Ir. Sprague discuss his concerns with the Planning Department. Council then discussed various methods of applying the public facilities' fee and. the desirability of including same in the sewer allocation system. It was the consensus of Council that Council Policy 17 be placed on the Agenda at Council's next Regular Meeting for reconsideration.' The City Attorney then recapped the proposed 1. Amend Page 2 and Page .2 to Exhibit F 2. 3. Eliminate Paragraphs G(2) and G(3) on L , changes. .. in accordance with staff memo of 9/18/79; Delete Paragraph G on Page 2; Page 3 and add Paragraph G(1) indicating no applications in the Redevelopment Area would be accepted until Plan is adopted with system to be supplemented to provide for allocation; Category (Exhibit G) indicating taxable potential to the City; and - 4. Inclusion of motels in the Conmercial .. sales or transient occupancy tax 5. Insertion of the date October 19, 1979 on Page 5. Council adopted the following Resolution, with the changes as articulated by the City Attorney : ' RESOLUTION NO. 5933, AUTHORIZING THE ISSUANCE OF SEWER CONNECTIONS PERMITS PURSUANT TO THE SECOND PHASE SEWER ALLOCATION SYSTEM. In response to Council concerns, the City Manager indicated staff would attempt to notify all those persons who had expressed an interest in the subject matter. RECESS : Vice-Mayor Skotnicki announced a recess at 9:20 P.M., and Council reconvened at 9:35 P.M., with four members present. *. - -. I .. . i .. .I. _I .. . ... *. . . *.' ,. .. Mot ion Ayes