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HomeMy WebLinkAbout1986-04-22; City Council; 7099-7; Adopt New Public Facilities Fees. . .’ 3 4 d 5 8 / Cl?--’ OF CARLSBAD - AGEND.-BILL ?P; iB#x 8’. TITLE: ADOPTION OF DEPT. HD. HTG.4/22/86 NEW PUBLIC FACILITIES FEE m CITY ATTY IEPT. CM CITY MGR. -2@ RECOMMENDED ACTION: Adopt Resolution No. FQ? revising Councit Policy No. 17 to increase the Public Facilities Fee from two percent (2.0%) of the building permit valuation to two-and-one-half percent (2.5%) of the building permit valuation and revising the form of agreement of payment of Public Facilities Fee to reflect the increased fee; and Introduce Ordinance No. &7& amending the amount of the Business License Tax on new construction. ITEM EXPLANATION: On March 25, 1986, the City Council reviewed and approved the list of projects to be funded by the Public Facilities Fee. As a result of that review, the Council directed the City Attorney to prepare documents to raise the Public Facilities Fee from 2% to 2.5% of the building permit valuation. Chapter 5.09 of the Carlsbad Municipal Code by amending Section 5.09.030 is modified to increase the Business License Tax on new construction of structures and buildings from 2.0% to 2.5%. In addition, the Business License Tax on new construction for mobile homes is reduced from $1,500 to $1,150, making it consistant with the Public Facilities Fee on mobile home parks. Revision of this ordinance has been made retroactive to January 21, 1986. The resolution revises City Council Policy No. 17 to implement the fee increase and revise the agreement form to reflect said increase. Carlsbad’s mobile home parks are “adult only” and do not impact the Public Facilities Fee at the same rate as the single-family residences, therefore, a decrease, rather than an increase, in rate is recommended. FISCAL IMPACT: Based on Building Permits issued since January 21, 1986 through April 13, 1986, there are $187,614,47 outstanding, which many be collected due to the fee increase of 0.5%. Council’s adopted Public Facilities Fee rate of 2.5% could generate revenue of $89,000,000 to buildout. EXHIBITS: 1. Resolution No. rsJ.3 revising City Council Policy No. 17. 2. Ordinance No. (.&7r amending the amount of the Business License Tax on new construction. 3. Memo explaining City Council Policy No. 17, dated April 10, 1986. 4. Agenda Bill No. 7099-#6, Public Facilitites Fee, dated March 25, 1986. - L . 1 L . ’ <, r L 1 2 3 4 5 6 7 a 9 10 11 12 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8523 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA REVISING COUNCIL POLICY NO.17 TO INCREASE THE PUBLIC FACILITIES FEE FROM TWO PERCENT OF THE BUILDING PERMIT VALUATION TO TWO AND ONE HALF PERCENT OF THE BUILDING PERMIT VALUATION AND REVISING THE FORM OF AGREEMENT OF PAYMENT OF PUBLIC FACILITIES FEES TO REFLECT THE INCREASED FEE. WHEREAS, the City Council of the City of Carlsbad, California at its March 25, 1986 meeting received a report from staff recommending an increase in the public facilities fee from two percent of the building permit valuation to two and one half percent of the building permit valuation. A copy of Agenda Bill No. 7099-#6 and the attachment thereto, is on file with the City Clerk and is incorporated by this reference; and WHEREAS, at that meeting the City Council heard, testimony from individuals requesting to .speak on the issue of the increased fees: and WHEREAS, after review of the report by staff and the testimony by the persons desiring to speak the City Council determined to increase the public facilities fee from two percen to two and one half percent of the building permit valuation; an WHEREAS, at its March 25, 1986 meetinq the City Council . approved the list of projects as shown on Agenda Bill No. 7099-$t which the City Manager had recommended for funding by the public facilities fee; and WHEREAS, the increase in public facility fee to two and one half percent of the building permit valuation is necessary t fund the improvements shown on the list and approved by the City Council, a 10 11~ l.2 1 i 5 "s 13 $2 8 g-i;2 14 5gz& WE "5x< 15 Ii 'A" t->w _ g;s; 16 zor2 '5 2 17 z 0 G ia 19 I 20 21 11 22 23 24 25 26 27 28 NOW, THEREFORE BE IT RESOLVED by the City Council of th City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That City of Carlsbad City Council Policy Statement No. 17 issued August 17, 1979 revised in February 1982 and in April 1984 is hereby revised as shown on Exhibit A attached hereto and made a part hereof. Pursuant to City of Carlsbad Ordinance No. 9791 this increased fee shall be paid for all developments for which building permits were issued after January 21, 1986. 3. That the form of agreements for payment of public facilities fees approved by Resolution No. 6094 and revised by Resolutions No. 6094-A and 6796 are revised to increase the . . amount of the fee from two percent of the building permit. value for buildings and structures to two and one half percent of the building permit valuation for buildings and structures. 4. That the City Manager shall use the list of projects eligible for funding by public facilities fees as approved by the City Council on March 26, 1986 as a guide for preparing appropriate capital improvement budgets for presentation to the City Council. The City Manager is further authorized to take any actions necessary to collect the increase fee from developers of projects for which building permits were issued after January 21, 1986 and to enforce any agreements executed by the developer to pay the increased fee. . . . . . . 2. 3 * . - . . . 1 2 3 4 5 6 7 a 9 10 11 12 0 3 2 3 13 gq 3 g-;# 14 Ecp& WE- "o& 15 i&i 16 zor2 '5 f$ 17 c 0 5 la 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of th City Council of the City of Carlsbad, California held on the 22nd day of April 9 1986 by the following vote to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None I ABSENT: None I ATTEST: ALETHA L. RALTENKRANZ, City $lerk . * : ,’ ‘. . 1 2 3 4 5 6 7 8 9 10 11 12 P 2 3 1Z 1s 2( 21 2; 21 24 2: 2E 2'; 2E ORDINANCE NO. 6078 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 5, CHAPTER 5.09 OF THE CARLSBAD MUNICIPAL CODE BY THE AMEND- MENT OF SECTION 5.09.030 TO MODIFY THE AMOUNT OF THE BUSINESS LICENSE TAX ON NEW CONSTRUCTION IV ORDER TO MAINTAIN CONSISTENCY WITH CITY COUNCI- POLICY NO. 17. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 5, Chapter 5.09 of the Zarlsbad Municipal Code is amended by the amendment of Section 5.09.030 t increase the business license tax on new construction 0” structures and buildings by replacing the words “two pe cent” with the words “two and one half percent” in subsection (a) thereof and to reduce the business license tax on new construction for mobile homes by replacing the words “ore thousand five hundred dollars” with the words “one thousand one hundred fifty dollars” in subsection (b) thereof. SECTION 2: That Title 5, Chapter 5.09 of the Carlsbad Municipal Cose is amended by the addition of Section 5.09.130 tr read as follows: “5.09.130 Effective date of increased tax. The increased tax adopted by Ordinance No. 6078 shall apply to all projects for which building permits were issued after January 21, 1986. In those instances where building permits were issued after Januaary 21, 1986 and before the effective date of this ordinance, the increased tax shall be due and owing upon the effective date of this ordinance. This section is adopted to implement City of Car.lsbad Ordinance No. SECTION 3: This ordinance, being an ordinance to taxes for usual and current expenses of the City, Section 36937(d) of the Government Code shall take effec immediately upon its passage. Before the expiration of I 5’ _ . ’ : 1 2 3 4 5 6 7 a 9 10 11 12 2 c 0 G 18 19 I 20 21 22 23 24 25 26 27 28 days after its passage, this ordinance shall be published once i the Carlsbsd Journal, a newspaper of general circulation printed and published in the City of Carlsbad. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 22nd day of April 1986 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 6th day of MaY 9 1986, by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY I ATTEST: a$xd,dRG- ALETHA L. RAUTENKRANZ, City Clerk 2. 9-W April 10, 1986 EXHIBIT NO. 3 TO: Mayor and City Council FROM: City Attorney REVISION TO POLICY NO. 17 At its March 25, 1986 meeting the City Council directed this office to prepare documents to increase the public facilities fee from two percent of building permit valuation to two and one half percent of building permit valuation. During our review of Policy No. 17 it became apparent that the policy itself should be revised to reflect recent Council actions. Therefore, in addition to revising the business license tax to increase it from two percent of building permit valuation to two and one half percent of building permit valuation we’ve also undertaken to revise the text of Policy No. 17. The primary changes to the text occur in the “BACKGROUND” portion of the policy. That section has been entirely rewritten to restate the Council’s policy regarding provision of public facilities and to reflect information which has been provided to the Council and upon which the Council based its decision to adopt Ordinance No. 9791. Significantly, the policy has been revised to reflect the fact that the public facilities fee is only one method of ensuring that public facilities will be available concurrent with need as required by the Public Facilities Element of the Carlsbad General Plan. The policy recognizes that new development must provide public facilities by a variety of different means. The “POLICY” section of the current policy has been modified to reflect recent information which has been provided to the Council. It also reflects that the public facilities fee is additional to other means of providing needed facilities and services. The policy recognizes that the other means of providing services and facilities include the adoption of a development management system and various impact fees. A new exception was added for additions to existing single family or two family residential structures which do not create a new dwelling unit. This exception was added to make the public facilities fee consistent with the business license tax on new construction. Likewise to ensure consistency with the public facilities policy the ordinance amending the business license tax on new construction includes a change to the tax on mobilehome sites to decrease the tax from $1,500 to $1,150. The Community Development Director indicates that $1,150 is the proper charge for mobilehome sites. Finally, the policy reflects an implementation date for the fee increase of January 21, 1986. -2- Based on new public facilities Policy No. 17 the City Council will be able to find that public facilities and services will be available concurrent with need as required by the General Plan, if a project developer agrees to pay the public facilities fee and other impact fees as may be adopted by City Council ordinance or resolution, and complies with any applicable facility plans which the Council may adopt pursuant to Ordinance No, 9791. The policy has been adopted in anticipation that Council will adopt some sort of development management system for Carlsbad. VINCENT F. BIONDO, JR. &ity Attorney f &--; ~~j-----&- Assistant City Attorney rmh . CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subjhctt REQUIREMENTS NECESSARY TO SATISFY THE PUBLIC Specific Subject: FACILITIES ELEMENT OF THE GENERAL PLAN L Page 1 of 5 - Policy No. 17 Date Issued 4-22-M Effective Date 4-22-86 Cancellation Date 17 issued Supersedes No.4/27/84 copies 'to: ' City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File BACKGROUND In order to protect the public health, safety and general welfare of all the citizens of Carlsbad and to ensure a continued high quality of life within the City, the Public Facilities Element of the Carlsbad General Pla requires that an applicant or proponent of a development project present evidence satisfactory to the’City Council that all necessary public services and facilities will be available concurrent with community need before any zoning, subdivision, development, or redevelopment approval or permit may be given or issued. It is the policy of the City to mitigate the public service and facilities impacts created by new development and ensure that all public services and facilities will be provided in the manner which will ensure the continued high quality of life in Carlsbad. Prior to July 3, 1979, the City Council relied on a report of availabililty of public facilities and services received from City staff. On July 3, 1979 the City Manager reported that in the future, those services and facilities cannot be made available to new development from the City’s resources. As a result of that report the City Council adopted City Council Policy No. 17 on August 29, 1979. Polic No. 17 has subsequently been amended at various times by the City Council. The most recent amendment to City Council Policy No. 17 was effective on April IO, 1984. The City Council has been provided with various reports and information by the City staff since the adoption of City Council Polic No. 17 and the City Council finds that the facts and circumstances which required the adoption of Policy No. 17 continue to exist. On January 21, 1986 the City Council adopted Urgency Ordinance No. 9791 after a finding 01 January 14, 1986 that establishment of the development management system and public facilities and improvement phasing plan for the City was required to eliminate public facility shortages and to protect the community character and quality of life in Carlsbad. This system and plan is required in addition to the requirements established by City Council Policy No. 17. On March 25, 1986 the City Manager reported to Council on the status of public facilities in Carlsbad and recommended an increase in the public facility fee. The report identified a list of facilities and services which would be funded by the public facilities fee. The list was approved by the City Council. In addition to the fee established pursuant to City Council Policy No. 17 the City requires developers to provide public improvements by a variety of different means. By utilization of al available methods the City Council will be able to find that public facilities will be provided concurrent with need as required by the Public Facilities Element of the Carlsbad General Plan. 9 . I CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Sub$kt: REQUIREVENTS NECESSARY TO SATISFY THE PUBLIC Specific Subject: FACILITIES ELEMENT OF THE GENERAL PLAN Policy No. I7 Date Issued 4-Z-86 Effective Date 4-22-86 Cancellation Date 17 issued Supersedes No. 4/27/84 Copies .to: ' City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File PURPOSE 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 but not limited to: parks, major streets, traffic signals, storm drains, bridges and public buildings such as fire stations, police facilities, maintenance yards, libraries and general offices, which will insure they will be availabl concurrent with need. POLICY 1. 2. In determining whether or not service provided by another entity will be available concurrent with need in connection with a project, the Council, in the absence of evidence to the contrary, shall be guided b a letter of availability from that entity, provided,however, developments which are required to dedicate land or pay fees for schoo 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. The City Council finds that the report entitled, “A Public Facilities Fee for the City of Carlsbad”, dated July 3, 1979 accurately reflected the City’s need for and lack of ability to provide public facilities and services to new development and was therefore approved by the original Policy No. 17 adopted on Auqust 29, 1979. The City Council now finds, based on the reports submitted in support of Ordinance No. 9791 and in support of an incr,ease to the public facilities. fee as presented to the City Council on March 25, 1986, that in addition to a public facilities fee other means of providing needed facilities and services must be established. These other means include the adoption of a development management system and various impact fees. The Council also finds that the continued development of the City, wit the consequent increase in population and in the use of public facilities, will impose increased requirements for such facilities, . - Page 3 of 5 - CITY OF CARLSBAD Policy No. l7 COUNCIL POLICY STATEMENT General S&&t: REQUIRIZENTS NECESSARY SATISFY THE PUBLIC FACILITIES ELEMENT OF Specific Subjecet THE GENEw pLm TO Date Issued' ' 4-22-86 Effective Date 4-22-86 Cancellation Date 17 issued Supersedes NO. 4127184 Copies 'to: ' City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File including but not limited to parks, major streets, traffic siqnals, storm drains, bridges and public buildings, such as fire stations, I policies facilities, offices. maintenance facilities, libraries and general The necessity For such Facilities results directly from new construction and the need cannot be met from ordinary City revenues. The most practical and equitable method of paying For such Facilities is to impose a fee upon a new development in the City. Payment of such a fee will enable the City to fund a construction program to provide public facilities. If a project developer agrees to pay the public facilities fee established by this policy and other impact fee.s as may be adopted by City Council ordinance or resolution., and complies with any applicable facilities plans, the City Council will be .able to find that public facilities and services will be available concurrent with need and that the requirements of the public facilities have been met. I. I. 5. Before any zoning, subdivision, development-or redevelopment approval or permit may be given the applicant shall pay or agree to pay a I public facilities fee in the amount of 2.5% of the building permit valuation of the buildings or structures or a Fee of $1,150 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. 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, traffic signals, storm drains, bridges and other similar projects as the Council may deem necessary and appropriate. Designation of expendituFe3 of funds available ,from the fund shall be made.by the City Council in the context of approval of the City’s annual operating and capital improvments budget or at such other time as the Council may direct. The following exceptions from payment of the fee shall: apply: (a> The construction of a building or structure or mobilehome space which is a replacement for a building or space being removed from the same lot or parcel of land. The exception shall equal but II CITY OF CARLSBAD - Page 4 of 5 - Policy No. I7 Genera Specif Copies COUNCIL POLICY STATEMENT l stijict: REQUIREMENTS NECESSARY TO SATISFY THE PUBLIC fc Subject: FACILITIES ELEMENT OF THE GENERAL PLAN Date Issued 4-22-86 Effective Date 4-22-86 Cancellation Date I 17 issued Supersedes No. 4/27/84 ‘to: ' City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File . .(b) (c) (d) (e> not exceed the fee which would be payable hereunder if the building being replaced were being newly constructed. If the fee. imposed on the new building exceeds the amount of this exception, such excess shall be paid. Accessory building or structures in mobilehome parks, such as a club house, swimming pool, or laundry facilities. Buildings or structures which are clearly accessory to an existing use such as fences, pools, patios and automobile garages. Additions to existing single-family or two-family residential structures, provided the addition does not create a new dwelling unit or economy dwelling unit as defined by the Uniform Building Code. The City Council may grant an exception for 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. There is excluded from the fee imposed by this policy: (a) Any person when impositon of such fee upon that person would be in violation of the Constitution and laws of the United States or the ztate of California. (b) The construction of any b’uilding by a nonprofit corporation exclusively for religious, educational, hospital or charitable purposes. cc> The construction of any building by the City of Garslbad, the United States or any department or agency thereof or by the State of California or any department, agency or political subdivision thereof. . CITY OF CARLSBAD Policy No. 17 COUNCIL POLICY STATEMENT Date Issued 4-22-86 General Sub3kkt: REQUIREMENTS NECESSARY TO SATISFY THE PUBLIC Effective Date 4-22-86 Specific Subject: FACILITIES ELEMENT OF TKE GENERAL PLAN Copies .to: ' City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File 7. 8. 9. The City Manager shall be responsible for the administration and enforcement of this policy. His decisions may be appealed to the City Council whose decision shall be final. On August 29, 1979 the City Council adopted Policy No. 17. In so doing the Council found that public facilities were adequate for existing structures but not for any new development. Policy No. 17 shall apply to projects involving the conversion of an existing building or mobilehome park to a condominium, planned unit development, stock cooperative or other similar form of ownership as follows: If the building or park being converted was constructed before August 29, 1979 the fee to be paid shall be limited to 2.5% of the building . permit valuation of any new construction done as a part of ‘the conversion. If the building or park being converted was constructed after August 29, 1979 a fee of 2.5 % of building permit valuation at the time of construction shall be paid plus a fee of 2.5% of the building permit valuati.on of any new construction done as a part of the conversion. Pursuant to City of Carlsbad Ordinance No. 9791 the increased public facility fee shall apply to all projects for which bu’ilding permits were or will be issued after January 21, 1986.