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HomeMy WebLinkAbout1985-02-05; City Council; 8047; County Industrial Park ProjectI* CITl-9F CARLSBAD - AGEND,:+3lLL /?di % . * 0 5- AB# g-i? TITLE: MTG 2/5/85 PUBLIC FACILITIES AGREEMENT FOR . COUNTY INDUSTRIAL PARK PROJECT DEPT. CA DEPT. HD. CITY Am- CITY lblGR.= RECOMMENDED ACTION: By motion, approve the agreement with the County for payment of public facilities fees for the County Industrial Park Project. ITEM EXPLANATION The county is seeking planning approvals for an industrial park located adjacent to the City safety center property. Part of the project may be used by the county for governmental purposes. These uses are exempt from the public facilities fee. Other parts of the project will be leased to private developers for industrial uses. These developers will obtain building permits and use the property for industial purposes. The county wishes to pass the obligation for payment of the public facilities fee on to the private developers. To accomplish this the county is proposing minor revisions to the standard public facilities agreement. The changes are outlined in the attached letters from the county's attorney. The changes will not affect the City's ability to collect the public facilities fees. EXHIBITS Letters from Gregory C. M. Garratt, Attorney dated November 15, November 19, 1984 and January 16, 1985. Agreement between County and City for Payment of Public Facilities Fee. 7 . r’ _i .,. - C PA”‘ A. PETERSON JOHN D. THELAN ROBERT M. GANS GREGORY C. M. GARRATT EDWARO F. WHITTLER CYNNE L. HEIOEL REBECCA MICHAEL GEORGE 0. BLACKMAR CHARLES W. FROEHUCH, JR. OF COVNSEL Mr. Marty Orenyak Director of Building City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 PETERSON, THELAN % PRICE A PROFESSIONAL CORPORATION IAWYERS AREA CODE 619 2300 CALIFORNIA FlR5T BANK BUILDING 234-0361 530 B STREET - SAN DIECO, CALIFORNIA 9210144 FILE No. November 15, 1984 2095.04 . i ind Planning Re: County Industrial Park Project Dear Mr. Orenyak: We are assisting the County of San Diego on its proposed industrial park to be located on a 200+ acre property north of Palomar Airport Road and east of El Ca%.no Real in the City of Carlsbad (see attached vicinity map). This will confirm our recent telephone conversation in which you agreed that the County of San Diego can file its application for a Specific Plan on that property, without submitting the necessary Public Facilities Fee Agreement at the time the application is filed. It is our understanding that City staff will review the Specific Plan, but that it will not be set for hearing before the Planning Commission until a satisfactory Public Facilities Fee Agreement is entered into between the County and the City. The property which is the subject of this Specific Plan is the same property for which a General Plan Amendment was approved by the Carlsbad City Council on December 6, 1983 (GPA/LU 83-11). Very truly yours, PETERSON, THELAN & PRICE A Professional Corporation ..- Y tif-yq? qzk=f-- Gre ofy C. M. Gahatt GCG:slr Attachment cc: Mr. Vincent Biondo, City Attorney J Mr. Charles Grimm, City Planning Department Mr. A. C. Waldman Municipal Engineers, Inc. Lightfoot & Associates a - I .*. . . Faraday Business Park . .*- R-E L PM Specific Plan Land Uses map 7 - 8A- 3 PETERSON, THELAN 6 PRICE A PROFESSIONAL CORPORATION TELEPHONE PAUL A. PETERSON JOHN 0. THELAN ROBERT M. GANS GREGORY C. M. GARRATT EDWARD F. WHITTLER LYNNE L. HEIDEL REBECCA MlCHAEL GEORGE 6. BLACKMAR CHARLES W. FROEHLICH, JR. OF COUNSEL Mr. Vincent Biondo City Attorney City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 JAWYERS AREA CODE 619 2300 CALIFORNLA FIRST BANK BUILDING 234 0361 530 B SIREET - SAN DIEGO, CALIFORNIA 921014454 FILE No November 19, 1984 Re: Public Facilities Fee Agreement County Industrial Park Project Dear Mr. Biondo: We are assisting the County of San Diego on its proposed industrial park to be located on a 200+ acre property north of Palomar Airport Road and east of El Cazino Real in the City of Carlsbad (see attached vicinity map). The County anticipates filing an application for a Specific Plan on that property in the very near future. City Planning staff have advised that a Public Facilities Fee Agreement ("PFF Agreement") needs to be entered into between the County and the City as a part of the application. The purpose of this letter is to followup on recent telephone discussions we had with Mr. Dan Hentschke of your office regarding the procedure to be used in finalizing such a PFF Agreement. As I am sure you will recall, in May, 1982 the City and the County entered into an agreement whereby the City purchased 26+ acres of County-owned property and agreed to process a City General Plan Amendment and rezone on the remaining 2005 acres of County-owned property. Pursuant to Paragraph l(b) of that agreement (copy enclosed), the County agreed to execute the necessary application forms and agreements for compliance with City land use regulations and the City agreed to waive any application fees associated with the General Plan Amendment and rezone. Paragraph l(b) further stated the County's committment that the public facilities fees required by the City would be collected from a future developer of the County's property. The Carlsbad City Council subsequently approved a General Plan Amendment on December 6, 1983 (GPA/LU 83-11). The rezone was deferred at that time at the Planning Department's request to permit the processing of a Specific Plan as the zoning mechanism. Mr. Vincent Biondo November 19, 1984 Page Two The County's proposed Specific Plan contemplates the division of a portion of the property into industrial lots. The County intends to improve the lots and then enter into leases with private developers, who will process Planned Industrial Permits with the City and ultimately obtain City building permits for the structures to be placed on the lots. Under this lease approach, the developers of the individual lots would pay the appropriate public facilities fee at the time they seek building permits for structures to be placed on the lots. We suggest that language be included in the Specific Plan, as well as the PFF Agreement, referring to this approach. The Specific Plan and PFF Agreement should also state that should the County decide to build structures on the property in its proprietary capacity (as opposed to its governmental capacity), the County would have the responsibility of paying the public facilities fees to the City. Finally, the Specific Plan and PFF Agreement should indicate that if the County sells all or any portion of the property to a third party, the third party will be required to pay such fees for structures to be built on the property. We have attached draft language to be added to the Specific Plan and the City's standard form PFF Agreement to specify this arrangement. If this language is satisfactory to you, we can finalize the PFF Agreement for submittal to the Board of Supervisors (via County Counsel) for approval and execution on behalf of the County. Two other points should be mentioned: 1. We understand from discussions with Mr. Marty Orenyak that he has no objection to the Specific Plan application being filed with the City prior to finalizing a satisfactory PFF Agreement. However, the matter will not be set for hearing before the City's Planning Commission until an acceptable form of PFF Agreement has been executed between the parties. A copy of our letter to Mr. Orenyak (previously sent to you) confirming this arrangement is attached. 2. The application for the Specific Plan (as the zoning mechanism) may be filed with the City without payment of application fees. However, application fees will need to be paid by the County with respect to any tentative map or other permits filed with the City at a later date. * Mr. Vincent Biondo November 19, 1984 Page Three Please contact us if you have any questions on this matter. Very truly yours, PETERSON, THXLAN b PRICE A Professional Corporation GCG:slr Attachment cc: Mr. Marty Orenyak Mr. Charles Grimm Mr. A. C. Waldman Municipal Engineers, Inc. Lightfoot & Associates PAUL A.PETERSON JOHN D.THElAN ROBERT M. GANS GREGORY C. M.GARRAn EDWARD F. WHIRLER LYNNE L.HEIDEL REBECCA MICHAEL - PETERSON, THELAN 8 PRICE A PROFESSIONAL CORPORATION LAWYERS 2300 CALlFORNL4 FIRST BANK BWLDMG 530 B STREET SAN DIEGO, CALIFORNIA 921014454 CHARLES W. FROEHLICH, JR. OF COUNSEL January 16, 1985 TELEPHONE AREA CODE 619 234-0361 FILE No. 2095.04 Mr. Dan Hentschke, Esq. Office of City Attorney City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Re: Public Facilities Fee Agreement - County Industrial Park Project Dear Mr. Hentschke: As a followup to our November 19, 1984 letter and our recent telephone discussion, please find enclosed a proposed form of Public Facilities Fee Agreement between the City and the County. Paragraph 3 contains the substantive changes from the City's standard form Agreement. We understand you will be submitting the Agreement to the City Council for their approval. Please contact us if you have any questions. Very truly yours, PETERSON, THELAN & PRICE A Professional Corporation Gregory C. M. Garratt GCG:slr Enclosure cc: Mr. Marty Orenyak Mr. Charles Grimm Mr. A. C. Waldman Municipal Engineers, Inc. Lightfoot & Associates 7 - RECORDING RE-QUES-TED BY AND 1 WHEN RECORDED MAIL TO: ; CITY OF CARLSBAD 1200 Elm Avenue ; Carlsbad, California 92008 1 1 Space Above This Line for Recorder's Use Documentary transfer tax: $ No fee Signature of declarant determining tax-firm name City of Carlsbad Parcel No. AGREEMENT BETWEEN COUNTY OF SAN DIEGO AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this - day I 1985 by and between THE COUNTY OF political subdivision of the State of California, of SAN DIEGO, a hereinafter referred to as "Developer" whose address is 5555 Overland Avenue, Building 2, San Diego, California 92123 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. 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: A Specific Plan for the Property and a Tentative Map for a portion thereof, which development carries the proposed name of Faraday Business Park and is hereafter referred to as "Development"; and WHEREAS, Developer will file in the near future with the City a request for approval of the Specific Plan and Tentative Map, 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 2 incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated April 2, 1982, on file with the City Clerk and incorporated by this reference, and that the I 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 available 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- ? P . ‘. to help sati-sfy-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: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 2% of the building permit valuation of the building 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. Developer' shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 2% of the building permit valuation 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. The terms "other construction permits", "other construction permit" and "entitlement for use" as used in this Agreement, except in reference to mobilehome sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. Developer shall pay to City a public -3- facilities fee in the sum of $1,150 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. 2. The Developer may offer to donate a site or sites for public facilities in lieu of 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 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 .I 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. With respect to Paragraphs 1 and 2 of this Agreement, it is understood by the parties that the Developer contemplates seeking approval of a Specific Plan and Tentative Map(s) for division of a portion of the property into industrial and residential lots. With respect to the industrial lots, the Developer further contemplates improving the lots and entering into leases with private developers who will subsequently seek City approval of Planned Industrial Permits and building permits for the lots. Under this arrangement, the parties agree that the developers seeking -4- h building permits shall have the responsibility for paying the fees required by this Agreement. The Developer further agrees to include in any lease with a tenant, a provision that tenant shall be responsible for the public facilities fee required by this Agreement and Paragraph l(b) of the May 25, 1982 Purchase and Sales Agreement entered into between the County and the City. If, however, Developer determines to build industrial or residential structures on any portion of the property in its proprietary capacity (as opposed to its governmental capacity), Developer agrees to pay City the fees required for those structures by this Agreement. Should Developer sell all or any portion of the property, the parties' agree that the buyer shall have the responsibility,for paying the fees required by this Agreement. The Developer further agrees to include a provision in any sales agreement that the buyer shall be responsible for the public facilities fees . required by this Agreement and the May 25, 1982 Purchase and Sale Agreement entered into between the County and the City. 4. 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 , -5- . . until the public facilities fee required by this Agreement is paid. 5. 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. 6. 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. .I 7. All obligations hereunder shall terminate in the event the requests made by Developer are not approved. 8. Any notice from one party to the other shall be in 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: 8.1 If notice is given to the City by personal 4 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. -6- --.. 8-.2 ~If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, addressed to the Developer at the address set forth herein, enclosed in a sealed envelope, addressed to Developer for attention of the Director of Public Works, postage prepaid and certified. 9. 'This Agreement shall be binding 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 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 Developer's obligations hereunder. . 10. This Agreement shall be recorded but shall not create a lien or security interest in the Property. 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. COUNTY OF SAN DIEGO, CITY OF CARLSBAD, a municipal a political subdivision corporation of the of the State of California State of California BY BY City Manager -7- RECOMMENDED:. R.J. MASSMAN, DIRECTOR Department of Public Works ATTEST: ATTEST: Porter D. Cremans, Clerk Aletha L. Rautenkranz, Board of Stipervisors City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: COUNTY COUNSEL BY VINCENT F. BIONDO, JR., City Attorney ,. . , -8- I =