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HomeMy WebLinkAbout1980-02-19; City Council; 5779-9; Public Facilities Fees (Policy #17)_- 0 27 77 CITY OF CAFGSF3A.D AGENDA BILL NO. 5779-Supplement 9 Initial: Dept.Hd. DATE: February 19, 1980 C. Atty.V@ DEPARTMENT: City Attorney C. Mgr, Subject: PUBLIC FACILITIF:$ FEE -- IMPLEMENTATION OF COUNCIL POLICY NO. 17 Statement of the Matter The City Council, at your meeting of February 5, 1980, approved a revised procedure for the implementation of Council Policy No. 17 as outlined in the City Attorney's memorandum of January 22, 1980, with the deletion of paragraph three requiring the posting of security. As a result of that action, it is appropriate for the City Council to rescind Resolution No. 5935, which had approved the use of a Secured Agreement, and adopttheattached resolution which approves providing for the payment to Council Policy No. 17. agreements to be executed the City. the form of the agreements of public facilties fees pursuant The resolution authorizes these by the City Manager on behalf of . . . . Exhibit Resolution No.&~9Lf. Recommendation If the City Council concurs, your action is to adopt Resolution No. [oo9q . Council Action: Z-19-80 Council adopted Resolution 6094, approving the form of agreements for the payment of public facilities fees, authorizing the City Manager to execute them on behalf of City. ,... *.v*,.‘-<.. , . . . , .,. ,:. _, . . . . *~ ,^.. .T* .,,. _. ,.. ,. j-,..i..T-..cl-->. .,... _. -.,_ .‘ I_ .” _ _.-, ._ - . . ‘. 1 2 3 .4 . 5 6 7 8 9 10 11 li 9 19 2c 21 22 2t 24 25 '26 27 28 RESOLUTION NO. 6094 A RESOLUTION OF THE CITY COUNCIL OF THE 'CITY OF CARLSBAD, CALIFORNIA, APPROVING THE FOR?4 OF AGREEMENTS FOR THE PAYMENT OF PUBLIC FACILITIES FEES, AUTHORIZING THE CITY MANAGER TO EXECUTE THEM ON BEHALF OF THE CITY IN ACCORDANCE WITH COUNCIL POLICY NO. 17 AND RESCINDING RESOLUTION NO. 5935. 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 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 element of the General Plan. 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 tc pay, a public facilities fee in the amount of 2 99 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 agreements for the payment of public facilities fees in satisfaction of the requirements of the Public Facilities Element of the General Plan and Council 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 - Policy No. .17; and WHEREAS, the City Council, by the adoption of Resolution No. 5935, had approved a similar agreement which required . security for the payment of the fee; and WHEREAS, upon recommendation of the City Manager, the Council has determined security is not required and it is, therefore, appropriate to rescind Resolution No. 5935. NOW, THEREFORE, BE IT RESOLVED by the City Council of . the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That the City Council hereby approves the attached agreements entitled, "Agreement Between Developer-Owner and the City of Carlsbad for the Payment of Public Facilities Fees" and "Agreement Between Owner, 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 Carlsbad. 4. That Resolution No. 5935 is rescinded. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California'held on the 19th day . of Februarv I '1980, by the following vote, to wit: AYES: Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Casler NOES: None ABSENT: None ATTEST: ~g&+GkLz~ *RONALD C. PACKARD, Mayor ALETHA 3;. RAUkNK (SEAL) . 2. AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this day of I 19-f by and between (Name of Developer) a (Corporation, partnership, etc.) . . hereinafter referred to as "Developer" whose address is I (Street) I (City, state, zip code) and (Name of Legal Owner) I I (Corporation, etc.) hereinafter referred to as "Owner" 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 "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit "A", attached to and made a part of this agreement, and hereinafter referred to as "Property"; and - - . ' WHEREAS, the 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 .I 19 I 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.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 this .reference); and WHEREAS, Developer, Owner and City recognize the correctness of Council Policy No. 17, attached to 'and made a part of this agreement, and that the City's public fadilities 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 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 2.. 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 such services and facilities; and, therefore, Developer and L1 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: The Developer and Owner 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 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. 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 Municipal Code. Developer and Owner shall conversion of existing buildings or structures into * amount equal to 2 % of the building permit valuation pay a fee for condominiums in an 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. 2. The Developer and Owner may offer to donate a site or sites for public facilities in lieu of all or part of the financial obli- gation agreed upon in Paragraph 1 above. If Developer and Owner offer 3. . - to d,onate 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 the issuance of any building or other permits. Such 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. I 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 agree- ment in a public facilities fund for the financing of public facilities when the City Council determines the need exists facilities and sufficient funds from the payment e public facilities fees are available. to provide the of this and similar 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 Development herein described. 6. All obligations hereunder shall terminate in the event the Requests made by Developer and Owner are not approved. 4. . . . 7. Any notice from one and shall be dated and signed by the party giving such notice or by a party to the other shall be in writing, 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 by 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. 7.3 If notice is given to Owner by personal delivery thereof to Owner or by depositing same in the United States Mail, enclosed in a sealed envelope addressed to Owner at the address set forth herein or at such other address as may have been designated, postage prepaid and certified. . 8. This agreement shall be binding upon and shall inure 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: 5. # . . “. . 8 C - provided, however, that-any successor of Developer's interest in the Property shall have first assumed in writing the Developer's ~ obligations hereunder. \ 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 obli- gations of Owner in writing. 9. This agreement shall be recorded. .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: Title BY . Title ATTEST: CITY OF.CARLSBAD, a municipal d corporation of.the. State of California BY ALETHA L. RAUTENKRANZ, . City Clerk City Manager APPRCVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached.) 6. . AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE . THIS AGREEMENT is entered into this day of I . . 19 , by and between I (name of developer-owner) . . a ,hereinafter referred to as (Corporation, partnership, etc.) "Developer", whose address is I (street) (City, state, zip code) , and THE wry OF CARLSBAD, a municipal corporation of the.State of California, hereinafter referred to as "City", whose,address is 1200 Elm Avenue, 'Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A", attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: . . ,- b. . ? 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 I 19 I 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 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, attached to and made a part of this agreement, 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 avaiiable 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 2. . . - . .- .d L . - ,j to help satisfy the General Plan as implemented by Council Policy NO. 17 by payment of a public facilities fee. NOW, THEI-:EFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer 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 pursuant issuance ment and shall be required Code. A to the Request. The of bailding or other constructed.in the Development fee shall be paid prior to the construction permits for the Develop- shall be based on the valuation'at that time. This fee in addition to any fees, dedications or improvements pursunnt to Titles 18, 20 or 21 of-the Carlsbad Municipal . . 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 Carlsb:lld Municipal Code. Developer shall pay a fee for conversion of existing buildings or . structures into condominiums in an amount equal to 2% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall. be paid pr$.or 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. ' 2. The Developer may offer to donate a site or sites for public facilities in lieu af all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but 3. . . . . - <’ .s 1 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. Such . 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. 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 . herein.described. 4. .- - D .‘ . . . r . .’ . Y 6. All obligations hereunder shall terminate in event the Requests made by Developer are not approved. 7. Any notice from one party to the other shall be in the 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. I . 7.1 If notice is given to the City by personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the ad'dress 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 givento 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 finding upon and shall inure to the benefit of, and shall apply to; the respective successors and assigns of Developer and the City, and references to . Developer 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 5.. h ‘- . . -.- . l , . .’ , . first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded. When the cbligations of this agreement have been satisfied, City shall record a release. IN WITNESS WHEREOF, this agreement is executed in San Diego a County, California as of the date.first written above. DEVELOPER-OWNER: . CITY OF CARLSBAD, a municipal corporation of the State of California (Name) BY BY City Manager (Title) BV (Title) . ATTEST: ALETHA-L. RAUTENKRANZ, City Clerk . . APPROVED AS TO FORM. . . VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) 6.