Loading...
HomeMy WebLinkAbout1987-07-28; City Council; 9103; Special Municipal Election Tax on New Construction03 9' MTG. 7/28/87 DEPT. FIN Adopt Resolution No. y/u calling the special election Novaher 3, 1987. Adopt Resolution No. y/,b requesting the Baard of Supervisors to consolidate the special election with the countywide election on November 3, 1987. SPECIAL MUNICIPAL ELECTION TITLE SETTING LICENSE TAX ON NEW CONSTRUCTION Adopt Resolution No. 9/67 directing the City Attorney to prepare an inpartial analysis of the proposed ordinance pertaining to the License Tax on New Construction. Adopt Resolution No. 9/6f authorizing certain Council n-enhers to file a written argument regarding a City measure. Adopt Resolution No. y/dy revising Council Policy "her 17 and revising the City's standard,Public Facilities Fee Agreement. Introduce Ordinance No. &fzratifying the existing 2.5% License Tax on New Construction and to increase said tax to 3.5%. ITEM EXFTWATION: (Ordinance to be submitted to voters in November) In November 1986 voters of California approved Proposition 62, a measure which requires voter approval of any masure increasing general or special tax increases occurring after July 31, 1985. The City of Carlsbad has one general tax which was increased by the City Council during this period and which nm requires voter approval. The City's License Tax on New Construction, a tax paid by new devel-nt, was increased from 2% to 2.5% on April 22, 1986 by the adoption of an ordinance. Since this action falls after the July 31, 1985 effective date of Praposition 62, this increase and any subsequent increase requires approval of the voters. The recarmended actions above will place the April 1986 increase before the voters for ratification and will ask voters to approve a further increase in the License Tax from 2.5% to 3.5% dependinq on City requirements. Staff is recmnding that the tax be set at the 3.5% level initially to make the License Tax on New Construction equal to the reaxmended Public Facilities Fee. The License Tax on New Construction is, in concept, the supportmechanism for the Public Facilities Fee program. License Tax on New Construction when mnstructing improvePnents in Carlsbad. Any PE" fees paid are used to offset the amount of License Tax on New Construction due. All developers rmst pay the City's : '> L I. i L I > \ c Page -2- Council action is required on or before July 28,1987 to successfully meet the deadline for submission of all documents to the County for their election. will be July 1988 for the November 1988 election. If the City is unable to meet this deadline the next opportunity The recommended effective date of the proposed ordinance is November 3, 1987. Application for building permit submitted after July 28, 1987 will be subject to paying the higher Public Facilities Fee which will be set by adopting the attached resolution. If Council elects to go forward with the proposed license tax increase, Council should also adopt the resolution revising Council Policy No. 17 on Public Facilities Fees and the Public Facility Fee Agreement. FISCAL IMPACT: The License Tax on New Construction is the basis for the City's Public Facilities Fee Program. The confirmation of the existing 2.5% tax rate and the increase of the tax rate to 3.5% are necessary to properly support the construction and operation of general governmental projects. The increase of the License Tax on New Construction from 2.5% to 3.5% will increase the tax on a $1 million development from $25,000 to $32,000. License Tax on New Construction is a general tax and therefor? proceeds may be used for any governmental purpose. actual level of revenue which will be created by this tax, since builders may offset any tax due with Public Facilities Fees. The It is difficult to determine the EXHIBITS : 1. 2. 3. 4. 5. 6. Resolution No. y/+&rcalling the special election November 3 , 1987. Resolution No. q/& requesting the Board of Supervisors to consolidate the special election with the countywide election of November 3, 1987. Resolution No. directing the City Attorney to prepare an impartial analysis. Resolution No. 9/dfauthorizing certain Council members to file written arguments. Resolution No. 9/69 revising Council Policy No. 17 and revising the City's standard PFF Agreement. Ordinance No. ~DJA ratifying the existing 2.5% License Tax on New Construction and to increase said tax to 3.5%. 2 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION NO. 9165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CALLING, ORDERING, PROVIDING FOR AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 3RD DAY OF NOVEMBER, 1987, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY AN ORDINANCE RELATING TO A BUSINESS LICENSE TAX ON NEW CONSTRUCTION. WHEREAS, the City Council of the City of Carlsbad finds that new construction and development will necessitate additional public facilities; and WHEREAS, the City Council of the City of Carlsbad desires that new construction in the City of Carlsbad be required to pay toward the public facilities necessary to serve such construction; and WHEREAS, the City Council of the City of Carlsbad desires to submit to the qualified voters of said City a proposed Ordinance relating to a business license tax on new construction; and WHEREAS, City Council of the City of Carlsbad is authorized to submit such Drdinance to the qualified voters; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA7 DOES HEREBY RESOLVE, DECLARE AND DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Carlsbad, California, on Tuesday, November 3, 1987, a Special Municipal Election for the purpose of presenting an Ordinance as hereinafter set forth relating to a License Tax on New Construction. SECTION 2. That the Ordinance to be submitted to the qualified voters shall be as set forth in the attachment hereto marked "Exhibit A" and incorporated herein by this reference. 4 SHALL ORDINANCE NO. 6082 BE ADOPTED AMENDING CHAPTER 5.04 OF THE CARLSBAD MUNICIPAL CODE TO RATIFY THE EXISTING 2.50% LICENSE TAX ON NEW CONSTRUCTION AND TO AUTHORIZE AN INCREASE TO 3.5% TO INSURE THAT NEW DEVELOPMENT GENERATES THE GENERAL REVENUES NECESSARY TO PROVIDE THE FACILITIES AND SERVICES REQUIRED BY THE GROWTH MANAGEMENT PLAN. 5 YES NO r 6 7 8 9 I1 12 13 14 17 ia 19 24 2t SECTION 3. That said City Council, pursuant to its right and authority to do so, does hereby determine that there shall be and there is hereby ordered submitted to the qualified voters of said City at said Special Election, the following Measure, to wit: A cross (t) placed in the voting square after the word "YES" in the manner hereinbefore provided shall be counted in favor of the adoption of the Ordinance. A cross (t) placed in the voting square after the word "NO" in the manner hereinbefore provided shall be counted against the adoption of the Ord i nance . SECTION 4. That the ballots to be used at the election shall be in form and content as required by law. SECTION 5. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter, supplies and equipment that may be necessary in order to properly and lawfully conduct the election. SECTION 6. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continually from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14301 of the Elections Code of the State of California. SECTION 7. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law. SECTION 8. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further 4 or additional notice of said election, in time, form and manner as required by law. SECTION 9. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 28th day of July , 1987, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux, and Larson NOES: None ABSENT: None . / (SEAL) 5 I I\ \I c ., 0 t 1t 1< 2( 21 22 22 24 25 26 27 28 0 ORDINANCE NO. 6082 EXHIBIT "A" TO RESOLUTION NO. 9/65 AN ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 5, CHAPTER 5.09 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 5.09.030(9) AND 5.09.120 TO RATIFY THE EXISTING 2.5% LICENSE TAX ON NEW CONSTRUCTION AND TO INCREASE SAID TAX TO 3.5%. The People of the City of Carlsbad do ordain as follows: SECTION 1: That Title 5, Chapter 5.09 of the Carlsbad Municipal Code is amended by the amendment of Sections 5.09.030(9) and 5.04.120 to read as follows: "5.09.030 Imposition of Tax -- Amount. (a) In addition to any other fee, license or tax required by this code, every person constructing or causing to be constructed or erected any building or structure in the City of Carlsbad for which a building permit is required, shall pay a license tax in the amount of 3.3 percent of the valuation of the building or structure established pursuant to this code for determining the building permit fee. 5.09.120 Effective Date. The taxes imposed by this chapter shall be applicable with respect to building permits for construction activities, issued on or after November 3, 1987, provided any person constructing one or more dwelling units, or otherwise engaging in construction taxable hereunder, pursuant to a building permit applied for before July 28, 1987, but not actually issued until on or after the date, shall not be liable for payment of the tax provided such person has obtained all other discretionary approvals required for the project, has had the application accepted as complete, paid the plan check fee, and who obtains the permit applied for within 180 days of the date the application was accepted and diligently pursues the pro j ec t to comp le t ion. SECTION 2: The City Council may amend this ordinance from time to time to add exceptions or adjust the rate or application of tax or make such other changes as they determine to be necessary provided, the rate of the tax to be imposed by this ordinance shall not be increased. SECTION 3: As a part of approving an increase in the license tax from 2.5% to 3.5%, passage of this ordinance will 6 li l! 2( 21 22 23 24 25 26 27 28 also ratify the collection of the 2.5 percent license tax on new construction imposed by the City Council after August 1, 1985 and prior to the effective date of Section 53727 of the California Government Code in compliance with the requirements therefore adopted by the People by their passage of Proposition 62 at the November 4, 1986 General Election. SECTION 4: This ordinance, being an ordinance relating to taxes for usual and current expenses of the City, pursuant to Section 36937(d) of the Government Code shall take effect immediately upon its passage. Before the expiration of fifteen days after its passage, this ordinance shall be published once in the Carlsbad Journal, a newspaper of general circulation printed and published in the City of Carlsbad. PASSED, APPROVED AND ADOPTED by the People of the City of Carlsbad at an election held on the 3rd day of November, 1987. ATTEST: ALETHA L. RAUTENKRANZ, City Clerk :SEAL) IPPROVED AS TO FORM: 7INCENT F. BIONDO, JR., City Attorney 2. 7 -1 2 3 4 5 6 7 a 9 ia 11 12 13 14 15 16 17 I.€ 19 20 21 22 22 24 25 26 27 28 RESOLUTION NO. 9166 A RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF CARLSBAD ON TUESDAY, NOVEMBER 3, 1987, WITH THE COUNTYWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 23302 OF TH ELECTIONS CODE. WHEREAS, the City Council of the City of Carlsbad called a Special Municipal Election to be held on November 3, 1987; WHEREAS, Section 439.1 of the Administrative Code of the County of San Dieqo authorizes the Registrar of Voters of th County of San Diego to render specified services relating to th conduct of an election to any City which has by resolution requested the Board of Supervisors to permit the Registrar to render the services, subject to requirements set forth in that section; and WHEREAS, the City of Carlsbad called an election to be held on the same day in the same territory or in territory that is in part the same; WHEREAS, pursuant to Part 2.5 (commencing with 5 233001, Division 14 of the Elections Code, the Board of Supervisors has authority to consolidate public district, city, county, or other political subdivision elections with each other and with a statewide election to be held on the same day; NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above-cited provisions, the Board of Supervisors of the County o San Diego is hereby requested to permit the Registrar of Voters to perform and render all services and proceedings incidental to and connected with, the conduct of the subject election of the 8 1, 11 '. ', 1 2 3 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 City of Carlsbad, with the cooperation and assistance of the City Clerk of the City of Carlsbad, such services to include, but not to be limited to the following activities as are appropriate to the subject election: 1. Furnish a tabulation of the number of registered voters in each precinct. 2. Establish voting precincts, secure locations for polling places, secure the services of election officers for eact precinct as required by law, and furnish a list of precincts, polling places, and election officers for filing in the office of the City Clerk of the City of Carlsbad. 3. Prepare and furnish to the election officers necessary election supplies for the conduct of the election. 4. Cause to be printed the requisite number of sample ballots, official ballots, polling place slips, rosters, tally sheets, and other necessary forms. 5. Furnish and address the envelopes necessary to mail sample ballots to the registered voters of the City of Carlsbad. 6. Insert the sample ballots and other printed matter into envelopes for mailing, and cause the same to be mailed, as required by law. 7. Assemble the election material and supplies into ballot bags and make necessary arrangements for their delivery tc the various precincts. 8. Distribute absent voter ballots as required by law. 9. Receive the returns of the elections and supplies. 2 3 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IO. Sort and assemble the election material and supplies in preparation for the canvassing of the returns of the election. 11. Canvass the returns of the election, includina the a bs en t voters ba 11 o t s . 12. Furnish a tabulation of the number of votes given i each precinct. 13. Make all arrangements and take the necessary steps to pay the members of the precinct boards, the polling place rentals, the persons returning the ballot bags, and to pay all other costs of the election incurred as the result of services performed for the City of Carlsbad and pay for the election officials the amounts prescribed by the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that pursuant to the requirement of the laws of the State of California relating to General Law Cities within said State, the election of the qualified electors of the City of Carlsbad was called for the purpose of submitting to the voters an ordinance relating to a License Tax on New Construction. BE IT FURTHER RESOLVED that the Board of Supervisors o the County of San Diego is hereby requested to consolidate this election with the other elections to be held on the same day, in the same territory, or in territory that is in part the same. BE IT FURTHER RESOLVED that if this consolidation is ordered, then pursuant to Section 23306 of the Elections Code, (a) the election shall be held in all respects as if there were only one election; (b) only one form of ballot shall be used; anc 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (c) the Registrar of Voters of the County of San Dieao shall canvass the returns of the subject election as part of the canvass of the returns of the election or elections consolidated hereby. BE IT FURTHER RESOLVED that if this consolidation is ordered, then pursuant to Section 23305 of the Election Code, within the territories affected by this order of consolidation, the election precincts, polling places, voting booths and polling hours shall, in every case be the same, and there shall be only one set of election officers in each of the precincts. BE IT FURTHER RESOLVED that the Board of Supervisors of the County of San Diego is hereby requested to conduct this election in the event the Countywide election is not called. BE IT FURTHER RESOLVED that the County of San Diego shall be reimbursed in full for the services performed by the Registrar of Voters for the City of Carlsbad upon presentation of bill therefor. BE IT FURTHER RESOLVED AND ORDERED that the City Clerk of the City of Carlsbad is hereby directed to deliver forthwith certified copies of this resolution to the Clerk of the Roard of Supervisors of the County of San Diego and to the Registrar of Voters of the County of San Diego. Ill Ill Ill //I Ill Ill // I 1. '\ ', 1 2 3 4 5 6 7 0 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 I I I PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 28th day of July , 1987, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson I NOES: None -!- .: * CLAUDE' A. I:fWIS, Mayor ATTEST: NZ, City Clerk y City Clerk (SEAL) , L.\ ‘1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 RESOLUTION NO. 9167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DIRECTING TYE CIN ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE PROPOSED ORDINANCE PERTAINING TO A LICENSE TAX ON NEW CONSTRUCTION WHEREAS, a Special Municipal Election is to be held in the City of Carlsbad on November 3, 1987, at which there will be submitted to the qualified voters of said City, the following Proposition, to wit: SHALL ORDINANCE NO. 6082 BE ADOPTED AMENDTAG CHAPTER 5.04 OF I 1 I THE CARLSRAD MUNICIPAL CODE TO RATIFY THE EXISTING 2.50% LICENSE 1 YES I I TAX ON NEW CONSTRUCTION AND TO AUTHORIZE AN INCREASE TO 3.5% TO 1 I I INSURE THAT NEW DEVELOPMENT GENERATES THE GENERAL REVENUES INOI I NECESSARY TO PROVIDE THE FACILITIES AND SERVICES REQUIRED BY THE I I I GROWTH MANAGEMENT PLAN. I I I WHEREAS, the City Council desires to have an impartial analysis prepared showing the effect of the Ordinance on existing law and the operation of the Ordinance; NOW THEREFORE, IT IS HEREBY RESOLVED, DECLARED, DETERMINED AND ORDERED by the City Council of the City of Carlsbad as follows: SECTION 1. Pursuant to the provisions of Section 5011 of the Elections Codt of the State of California, this City Council does direct the City Attorney to prepare an impartial analysis of the Ordinance. SECTION 2. The impartial analysis shall not exceed 500 words in length. I If Ill /I/ I// /I/ I// I// 13 .I 1 4 5 6 7 E 9 11 22 13 14 17 19 21 24 26 27 20 PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad on the 28th day of July , 1987 at a Regular Meeting thereof by the following vote, to wit: AYES: NOES : ABSENT: ATTEST: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson None None ,/ I ,/ ‘ ’ ’ //”// I, -! / I CLAUDE A. LEWIS, Mayor (SEAL ) i\ 1 2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD , CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING A CITY MEASURE WHEREAS, a Special Municipal Election is to be held in the City of Carlsbad California, on November 3, 1987, at which there will be submitted to the voters the following measure: SHALL ORDINANCE NO. 6082 BE ADOPTED AMENDING CHAPTER 5.04 OF I I I TAX ON NEW CONSTRUCTION AND TO AUTHORIZE PN INCREASE TO 3.5% TO I I I INSURE THAT NEW DEVELOPMENT GENERATES THE GENERAL REVENUES INOI I NECESSARY TO PROVIDE THE FACILITIES AND SERVICES REQUIRED BY THE 1 I I THE CARLSRAO MUNICIPAL CODE TO RATIFY THE EXISTING 2.50% LICENSE I YES I 1 GROWTH MANAGEMENT PLAN. I 1 I NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Carlsbad, California, does declare, determine and order as follows: SECTION 1. That the above recitations are true and correct. SECTION 2. That the City Council authorizes CLAUDE LEWIS ANN KULCHIN MARK PETTINE JOHN MAMAUX ERIC LARSON to file a written argument regarding the City measure set forth in the recitals hereof in accordance with Article 4, Chapter 3, Division 5 of the Elections Cod of the State of California, and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against said City measure may be submitted to the City Clerk. I// IS ,I >1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Carlsbad City Council held on the 28th day of July , 1987, by the followinq vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ATTEST: KAREN R. KUNDTZ, Deputy City Clerk ( SEAL ) 2 7 8 3 Number 17 establishing the Public Facilities Fee and standard Public Facilities Fee agreements to be signed by developers, and 4 10 11 12 13 5 Public Facilities Fee from 2.5% to 3.9% of building permit value, and WHEREAS, the change in the Public Facilities Fee requires that Council Policy Number 17 dated April 22, 1986 and the RESOLUTION NO. 9169 15 16 17 18 19 20 21 22 23 z4 6 the new Public Facilities Fee, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1 1. That Council Policy Number 17 is hereby revised to 1 reflect the change in the Public Facilities Fee from 2.5% to 3.5% as shown in Exhibit A. 2. That the standard Public Facilities Fee agreements are hereby revised to reflect the change in the Public Facilities Fee from 2.5% to 3.5% as shown in Exhibit Band C. /I/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING THE REVISION OF COUNCIL POLICY NUMBER 17 ON PUBLIC FACILITIES FEES AND THE CITY'S PUBLIC FACILITIES FEE AGREEMENTS TO REFLECT THE REVISED PUBLIC FACILITIES FEE OF 3.5% WHEREAS, the City Council has established Council Policy 9 II WHEREAS, the City Council has authorized an increase in the 1411 standard Public Facilities Fee agreements be revised to reflect I7 /I 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 3. That the increase in the Public Facilities Fee is based upon the evidence and documents received at the hearing of this matter including, but not limited to, the report entitled "Public Facility Fee (PFF) from the Research/Analysis Group dated April 30, 1987. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 28th day of July , 1987, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: k~ne STTEST: , City Clerk 1LPH.A L2AU'JENKWZ , City Clerk mREN R. KUNDTZ, Deputy City Clerk :SEAL) hKHlI511 'A' 1U RESOLUTION NO. 9 169 CITY OF CARLSBAD COUNCIL POLICY, STATEMENT Policy No. 17 Date Issued 7/28/87 General Subjects REQUIREf.lENTS NECESSARY TO SATISFY THE PUBLIC THE GENERAL PLAN Specific Subject; FACILITIES ELEVENT OF Copies to: * City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press0 File RACKGROUND 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, subdiviaion, development, or redevelopment approval or permit may be given or issued. It is the policy of the City to mitiqate 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 hiqh 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 thac in the future, those se.rvicee and facilities cannot be made available to new development from the City's resources. As a re.su1t of that report the City Council adopted City CDuncil 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 10, 1984. ' The City Council ha8 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 llrqency Ordinance No, 9791 after a finding c January 14, 1986 that establishment of the development manaqement system and public facilities and improvement phasing plan for the City was required to eliminate public facility shortaqes and to protect the community character and quality of life in Carlsbad. This system and plar 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 ir the public facility fee, The report identified a list of facilities and services which would be funded by the public facilities fee. The list wa! 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 a available methods the City Council will be able to find that public facilities will be provided concurrent with need as required by the Publir Facilities Element of the Carlabad General Plan. On July 28, 1937 the City Council accepted a revised repprt on the availabil i ty of pub1 i facilities and adopted a revised public facilities fee of3.52 which allows for interes costs associated with debt financing 1 ibrary and civic buildings. 19 CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: REQUIREMENTS NECESSARY TO Specific Subject: FACILITIES ELEMENT OF SATISFY THE PUBLIC THE GENERAL PLAN - Copies to: ' City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File Page 2 of 5 Policy No. 17 Date Issued 7/28/87 . Effective Date .7/28/87 _Cancellation Date 17 issued Supersedes No. 4/22/86 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 establishina 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 availablt concur rent with need . POLICY .. 1. 2. 'S 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 schooI 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 increa,se to the public facilities fee as presented to the City Council on July28, 1987, 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, witb the consequent increase in population and in the use of public facilities, will impose increased requirements for such facilities, CITY OF CARLSBAD Policy No. 17 Date Issued 7/28/87 , Effective Date 7/28/87 ,Cancellation Date 17 issued Supersedes No. 4/22/87 COUNCIL POLICY STATEMENT REQUIREVENTS NECESSARY SATISFY THE PUBLIC General Subject: FACILITIES ELEMENT OF Specific Subject: THE GENERAL TO Copies to: ' City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File 3. i. ). includinq but not limited to parks, major streets, traffic signals, storm drains, bridges and public buildings, such as fire stations, policies 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. 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 fees 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. Before any zoning, subdivision, development or redevelopment approval or permit may be given the applicant shall pay or agree to pay a public facilities fee in the amount of 3.5% 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 CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: mQUIRE!ENTS NECESSARY TO Specific Subject: FACILITIES ELEMENT OF SATISFY THE PUBLIC THE GENERAL PLAN ~~ Page 4 of 5 Policy No. 17 , Date Issued 7/28/87 . Effective Date 7/28/87 Cancellation Date Supersedes No. 4/22/86 17 issued not exceed the fee which would be payable hereunder if the building beinq replaced were being newly constructed. If the fef 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 wit the Housing Element of the General Plan and that such exception is necessary. In approving an exception for low cost housing th Ciky Council may attach conditions, including limitations on ren or income levels of tenants. If the City Council finds a projec is not being operated as a low cost housing project in accordancf with all applicable conditions, the fee, which would otherwise bt imposed by this chapter; shall immediately become due and payable. There is excluded from the fee imposed by this policy: (a) Any pers'on when impositon of such fee upon that person would be in violation of the Constitution and laws of the United States o the State of California. The construction of any bu'ilding by a nonprofit corporation exclusively for religious, educational, hospital or charitable purposes. United States or any department or agency thereof or by the Stat of California or any department, agency or political subdivision thereof. (b) (c) The construction of any building by the City of Garslbad, the 1 I' a& - ZITY OF CARLSBAD , Date Issued 7/28/87 COUNCIL POLICY STATEMENT . Effective Date 7/28/87 Cancellation Date General Subject: REQL1IREllENTS NECESSARY TO Specific Subject: FACILITIES ELEMENT OF SATISFY THE PUBLIC THE GENESAL PLAN Policy No. 17 ' 17 issued Supersedes No. /77/86 Copies to: ' City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, Pile 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-to3.5% 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 3.5% of building permit valuation at the time of construction shall be paid plus a fee of 3.5% of the building permit valuati,on of any new construction done as a part of the conversion. Pursuant to City of Carlsbad Ordinance No. 6082 the increased public facility fee shall apply to all projects for which building permits were or will be issued after July 28, 1987. a3 '2'275 US PALMAS DRIVE CARLSBAD, CA 92009.4859 -- EXHIBIT 'B' TO RESOLUTION NO. 9169 - TELEPHONE (619) 438-1 161 ditp of $arl$bab DEVELOPMENT PROCESSING SERVICES DIVISION PUBLIC FACILITIES FEE REQUIREMENTS City ' Council Policy No. 17 requires that all developers requesting a discretionary action for a project pay a Public Facilities Fee in the amount of 3.5 percent of the building valuation. The fee is computed by the Building Department and paid at the time the Building Permit is obtained. In the case of a condominium conversion, the fee is calculated on the building valuation at the time the fee is paid and the fee must be paid prior to obtaining a Final Map on the project. In addition to the above, a completed, signed, and notarized agreement to pay the Public Facilities Fee must be submitted with any application for a discretionary action. This agreement form should be completed by the Applicant and submitted as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9. Select the appropriate form for either (a) the Developer and Owner are the same party, or (b) the Developer and Owner are different. Fill in the date the agreement is completed; the name and address of the Developer (and Owner, if appropriate), and state if each is an individual, partnership, corporation, etc. Fill in the type of project proposed to be constructed (e.g., #la 12-unit condominium" or "30,000. square foot shopping center", etc., and the proposed name (if any). Fill in the date the request will be (or was) submitted and the type of request (e.g., ''a tentative map", "condominium permit", or "rezoningtt, etc.) Type a short legal description of the property on the last sheet (Exhibit "A"). Legal must be an original! Sign the form in the presence of a Notary and have the Notary attach an Acknowledgement of Execution to the form. No reproduced copies will be accepted! a. Fill-out the title of the person signing the form (General Partner, Vice-president, etc.). If the agreement is signed by a corporate officer, the Corporate Seal must be stamped by the signature. b. The Notary form must be for the correct type (e.g., Individual, Partnership. or Corporation) and be completely and properly filled out. Use the attached form as an original; a reproduced copy will not be accepted! Submit the original of the agreement and one (1) copy. A current copy of the preliminary Title Report must accompany each application. (The preliminary Title Report must have been issued within the last six (6) months. ) Attach a check for $25.00, payable to "City of Carlsbad". ~ RECORDING REQUESTED BY AND WIEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, Cal iforni a 92008 ~~ ~~ Space above this line for Recorder's use Documentary transfer tax: ~~ ~ Signature of declarant determining tax-firm name City of Carlsbad Parcel No. AGR E EM€ NT BET WE EN CE VE LOPE R - OW NE R AlYD THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this day of 9 19 by and between (name of developer-owner) a , hereinafter referred to as (Corporation, partnersnip, etc.) "DeveloDer" whose address is (street) and THE CITY OF (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as IcCityc', whose address is 1200 Elm Avenue, Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit t'A61:, attached nereto 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: REV 4-22-86 >. *. on said Property, which development carries the proposed name of and is hereafter referred to as "Development"; and SIHEREAS, Developer filed on the day of 9 19 , 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 wi 1 1 be avai 1 ab1 e concurrent With need or such devel opment 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 Pol No. 17, dated July 28, 1987, on file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for pub 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 pcoposed; but tne Developer is aware that tne 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 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: CY ic -2- REV 4-22-86 %> <> 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 3.5% of the building permit valuation of the buildinq or structures to be constructed in the Development pursuant to the Request. Tne fee Shall be paid prior to tne issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee snall 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 3.5% of the building permit valuation at the time of conversion. Tne 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. Tne 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 whicn the development is intended. Developer Shall pay the City a public 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. Tnis 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 Paragraph 1 above. If Developer offers to donate a site or sites for pub -3- REV 4-22-86 in ic a7 \' facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and mount of credit against the fee shall be determined by City prior to the issuance of any building or otner permits. Such determination, when made, shall become a part of tnis agreement. Sites donated under this paragraph snall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and tne fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If tne fee is not paid as provided herein, tne 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 otner construction permit or entitlement for use Shall be issued until tne 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 tnis and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply witn any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development nerei n described. 6. All obligations hereunder Shall terminate in the event the Requests made by Developer are not approved. -4 - REV 4-22-86 *L I. ' 7. Any not shall be dated and s ce from one party to the other shall be in writing, and gned 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 wnatsoever unless served in one of the following manners: 7.1 If notice is given to the City of personal delivery thereof to the City or by depositing same in tne United States Mail, addressed to the City at the address set forth nerein, 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 tnereof to Developer or by depositing tne 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. Tnis agreement shall be binding upon and snall ensure to the benefit of, and snall apply to, the respective successors and assigns of Developer and the City, and references to Developer or City nerein 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 nave any interest in the Property, all obligations of Developer hereunder snall terminate; provided, however, that any successor of Developer's interest in the property Shall have first assumed in writing the Developer's ob1 i gations hereunder. 9. This agreement Shall be recorded but snall not create a lien or security interest in tne Property. When the obligations of this agreement have been satisfied, City snall record a release. -5- REV 4-22-86 a9 - *' IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of Cal i forni a BY BY N ORtNYAK For (Title) City Manager BY (Ti tlel ATTEST: mA L. RAmtiKRANL , City Clerk APPROVED AS TO FORM: City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6 - REV 4-22-86 E X HI B I T "A " LEGAL MSCP IPTION . 2075 LAS PALMAS DRIVE CARLSEAD, CA 92009-4859 - EXHIBIT 'c' TO RESOLUTION NO. 9169 TELEPHONE (619) 438-1 161 ditp of darlsbab DEVELOPMENT PROCESSING SERVICES DIVISION PUBLIC FACILITIES FEE REQUIREMENTS City Council Policy No. 17 requires that all developers requesting a discretionary action for a project pay a Public Facilities Fee in the amount of 3.5 percent of the building valuation. The fee is computed by the Building Department and paid at the time the Building Permit is obtained. In the case of a condominium conversion, the fee is calculated on the building valuation at the time the fee is paid and the fee must be paid prior to obtaining a Final Map on the project. In addition to the above, a completed, signed, and notarized agreement to pay the Public Facilities Fee must be submitted with any application for a discretionary action. This agreement form should be completed by the Applicant and submitted as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9. Select the appropriate form for either (a) the Developer and Owner are the same party, or (b) the Developer and Owner are different. Fill in the date the agreement is completed; the name and address of the Developer (and Owner, if appropriate), and state if each is an individual, partnership , corpora t ipn , etc Fill in the type of project proposed to be constructed (e.g., IIa 12-unit condominium" or "30,000 square foot shopping center", etc. , and the proposed name (if any). Fill in the date the request will be (or was) submitted and the type of request (e.g., "a tentative map", "condominium permit", or "rezoning", etc.) Type a short legal description of the property on the last sheet (Exhibit tlAtt). Legal must be an original! No reproduced copies will be accepted! Sign the form in the presence of a Notary and have the Notary attach an Acknowledgement of Execution to the form. a. Fill-out the title of the person signing the form (General Partner, Vice-president, etc.). If the agreement is signed by a corporate officer, the Corporate Seal must be stamped by the signature. b. The Notary form must be for the correct type (e.g., Individual, Partnership. or Corporation) and be completely and properly filled out. Use the attached form as an original; a reproduced copy will not be accepted! Submit the original of the agreement and one (1) copy. A current copy of the preliminary Title Report must accompany each application. (The preliminary Title Report must have been issued within the last six (6) months. ) Attach a check for $20.00, payable to "City of Carlsbad". 6/87 c RECORDING REQUESTEU BY AND ) ' WHEiu RECORDED MIL TO: 1 1 CITY OF CARLSBAO 1 1200 Elm Avenue 1 Carlsbad, California 92008 ) Space above tnis line for Recorder's use Documentary transfer tax: I Siqnature of declarant determining tax-firm name City of Carl sbad AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE day of 9 19 THIS AGREEMENT is entered into tnis by and between (Name of Developer) a , nereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is (Street) (City, State, Zip Code) and (Name of Legal Owner) a , nereinafter referred to as (Corporation, etc.) ''Owner" WhOSe address is (Street) (City, State, Lip Code) AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", wnose address is 1200 Elm Avenue, Carlsbad, California, 92008. REV 4-22-86 RE C ITA LS WHEREAS, hner is tne owner of tne real property described on Exnibit ''A'':, attached to and made a part of tnis agreement, nereinafter referred to as "Property"; and WHEREAS, Tne Property lies witnin the boundaries of City; and WHEREAS, Developer has contracted witn Owner to purcnase 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 9 19 , witn the City a request for hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires tnat the City Council find that all public facilities necessary to serve a development will be available concurrent witn need or sucn development snall not be approved (said element is on file witn tne City Clerk and is incorporated by this reference); and WHEREAS, Developer, Owner and City recognize tne correctness of Council pplicy No. 17, dated July 28, 1987' on file incorporated by this reference, and that tne services are at capacity and will not be ava need for public facilities and services resu and -2- witn tne City Clerk and City's public facilities and lable to accommodate tne additiona ting from tne proposed Development REV 4-22-86 '> h .. WHEREAS, Oeveloper and Owner nave asked the City to find tnat public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer and Owner are aware tnat 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 Owner propose to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilit NOW, THEREFORE, in consideration of the rec contained herein, the parties agree as follows: 1. The Developer and Owner Shall pay to th es fee. tals and the covenants City a public facilities fee in an amount not to exceed 3.5% of the building permit valuation of the building or structures to be constructed in the. Development pursuant to the Request. Tne 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 and Owner shall pay a fee for conversion of existing building or structures into condominiums in an mount not to exceed3.5z 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 mobilenome 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 tne use or occupancy for Which the development is intended. Developer and Owner -3- REV 4-22-86 33 3, r .t snall pay the City a public facilities fee in the sum of $1,150 for each mobilehome space to be constructed pursuant to the Request. The fee snall be paid prior to tne issuance of building or otner construction permits for the development. Tnis fee snall be in addition to any fees, dedications or improvements required Code. 2. Tne Deve public facilities in in Paragrapn 1 above. according to Titles 18, 20 or 21 of tne Carlsbad Municipal oper and Owner may offer to donate a site or sites for ieu of all or part of the financial obligation agreed upon If Developer and Owner offers to donate a site or sites for public facilities, tne City shall consider, but is not obligated to accept the offer. Tne time for donation and amount of credit against tne fee Shall be determined by City prior to the issuance of any building or otner permits. Such determination, wnen made, snall become a part of tnis agreement. Sites donated under tnis paragraph snall not include improvements required pursuant 18 or 20 of tne Carlsbad Municipal Code. 3. Tnis agreement and tne fee paid pursuant nereto are requ to Tit red to ensure the consistency of tne Development with the City's General Plan. If es he fee is not paid as provided nerein, tne City will not have the funds to provide public facilities and services, and the develbprnent will not be consistent witn tne General Plan and any approval or permit for tne Development Shall be void. No building or otner construction permit or entitlement for use shall be issued until tne public facilities fee required by tnis agreement is paid. 4. City agrees to deposit the fees paid pursuant to tnis agreement in he City ci ent a public facilities fund for the financing of public facilities wnen Council determines the need exists to provide the facilities and suff funds from the payment of this and similar public facilities fees are available. -4 - REV 4-22-86 _. - ,, r* 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 herei n described. 6. All obligations hereunder shall terminate in the event the Requests made by Developer are not approved. 7. 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: 7.1 If notice is given to the City of personal delivery tnereof to the City or by depositing same in the United States Mail, addressed to tne 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 tnereof to Developer or by depositing tne same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at tne address as may nave been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall ensure to tne benefit of, and shall apply to, the respective successors and assigns of Developer, Owner and tne City, and references to Developer, Owner or City here snall be deemed to be reference to and include tneir respective successors and assigns witnout specific mention of SUC~ successors and assigns. If Developer snould cease to have any interest in the Property, all obligations of Develope n hereunder Shall terminate; provided, however, tnat any successor of Developer's interest in the property shall nave first assumed in writing the Developer's ob1 i gat ions nereunder. -5- REV 4-22-86 35 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 obligations of owner in writing in a form acceptable to City. 9. 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 UITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: DEVELOPER: ( Si gna ture 1 ( Name 1 (Signature) ( Name 1 (Signature) ATTEST: ALL [HA L. RAUTtNKRANZ 9 CJtY Clerk APPROVEO AS TO FORM: BY TITLE BY TITI C CITY OF CARLSBAD, a municipal corporation of the State of Cal i forni a T F. BIONDO, JR., City Attorney BY ORtNYAK for City Manager (lotaria1 ac knowledgement of execution by DEVELOPER-OWNER must be attached .) -6- REV 4-22-86 EX HI B IT "A" LEGAL DESCRIPTION 37 I' I ,' L. 1 A I i I I 1: 5 1E 1s 2c 21 22 23 24 25 26 27 28 follows: ORDINANCE NO. 6082 N ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA, MENDING TITLE 5, CHAPTER 5.09 OF THE CARLSBAD $ M NICIPAL CODE BY THE AMENDMENT OF SECTIONS 5.'\$09.030(9) AND 5.09.120 TO RATIFY THE EXISTING 2.5% LICENSE TAX ON NEW CONSTRUCTION AND TO IN~REASE SAID TAX TO 3.2%. The People of the City of Carlsbad do ordain as \\ SECTIO\l: That Title 5, Chapter 5.09 of the Carlsbad 5.09.030(9) and 5.0 0 to read as follows: addition t ed by this code, building permit fee. respect to building permits for actually issued until on or a the date, shall not be liable and who obtains the permit appl within 180 days of the SECTION 2: The City Council ma from time to time to add exceptions or adju he rate or application of tax or make such other changes they determine this ordinance shall not be increased. SECTION 3: As a part of approving an incr license tax from 2.5% to 3.2%, passage of this ordina * 7' , 11 1: 1; 0 t It u 1E 2c 21 2% 23 24 25 26 27 28 - also ratify the collection of the 2.5 percent license tax on new construction imposed by the City Council after August 1, 1985 and ection 53727 of the California Government th the requirements therefore assage of Proposition 62 at the November 4, e, being an ordinance relating enses of the City, pursuant to Code shall take effect ore the expiration of fifteen ance shall be published once in of general circulation printed PASSED, APPROVED ADOPTED by the People of the City ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney 2. 39