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
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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%.
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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.
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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.
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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
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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)
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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
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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
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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
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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.
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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
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(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.
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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)
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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.
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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
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,/ ‘ ’ ’ //”// I, -! / I
CLAUDE A. LEWIS, Mayor
(SEAL )
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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.
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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 )
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Number 17 establishing the Public Facilities Fee and standard
Public Facilities Fee agreements to be signed by developers, and
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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
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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.
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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
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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.
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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 .)
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REV 4-22-86
EX HI B IT "A"
LEGAL DESCRIPTION
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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
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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