HomeMy WebLinkAbout1981-08-18; City Council; 6318-5; Refund of Fees Swallow Lane CT 79-28CITY OF CARLSBAD
AGENDA BILL NO.
DATE: _ _,:.::AU::..9~US::,.:t:__:,_:l 8::.z.,_l:.,:9;,:::.81,:.._ ___________ _
DEPARTMENT: Finance -----------------"'-----
Subject: Refund of Fees -Swallow Lane -CT 79-28
Statement of the Matter
On Aoril 6, 1981, Mola Development Co. oaid $21,550 (city receipt #18207) in park
in lieu fees for the Swallow Lane project. On June 3, 1981, Mola Development Co.
paid an additional $53,770 (city transaction #812759) in public facilities fees,
$21,560 of which had already been paid as park in lieu fees on April 6, 1981~ The
city has, therefore, overvcollected public facilities fees from Mola Development Co.
in the amount of $21,560. The city staff recommends that the over payment of public
facility fees be refunded to Mola Development Co.
Fiscal Impact
Revenue in the public facility fund will be reduced by $21,560.
Environmental Impact
None
Recommendation
Authorize Finance Director to refund the developer, Mola Development Co., the amount of
$21,560 representing an overcharge for public facility fees.
_;xhi bi ts
Letter from Mola Development Co, requesting refund.
MOLA DEV!:LOPMENT CORPORATION/ 808 ADAMS AVE. HUNTINGTON BEACH. CAUF 92648 /(714) 536-2547
6994 El CAMINO REAL SUITE 211, CARi.SBAD, CA 92008/(714) 438-)157
July 7, 1981
Mr. Clyde Wickha~
Assistant Civil Engineer
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
Re: CT79-28
Dear Mr. Wickham:
RECEIVE·D
J!?. O 9 f98l
CITY OF ·CARLSBAD
Engineering Department
# ~, fi(p"O
At your request, I am pr?viding copies o~~~s indicat-
ing the payment of park-in-lieu fees ot ($25,56~~%nd ;,, Pub-
lic Facilities fee totaling $53,770. Th~s were paid
on our 50 unit project (CT79-28) which is located at the
intersection of El Camino Real and Swallow Lane. It is our
understanding that if park-in-lieu fees are paid, these fees
will be deduted from the required Public Facilities fee.
City Council Policy No. 17, pertaining to the Public Facilites
Element of the General Plan, states "A credit towards the
fee imposed by this policy shall be given for land which is
dedicated for park purposes or any fees in lieu thereof pur-
suant to Chapter 20.44 of the Carlsbad Municipal Code."
It is~ lso our understanding, in order for a refund to be
issued, th~t a request for a refund of this size must be
presented before the City Council. Hopefully, if necessary,
this action can accomplished relatively quickly. If you have
any questions regarding the contents of this letter, or re-
quire additional information, please do not hesitate to con-
tact me at anytime.
Sincerely, MO~«TION
Andrew C. Barber,
Marketing Directer
ACB/cd
enclosures