HomeMy WebLinkAbout1990-12-11; City Council; 10940; GROWTH MANAGEMENT FINANCING PROGRAM COMMUNITY FACILITIES DISTRICT NO. 1k '-
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Li w ur GARLSBAD - AGENU BILL ' (
GROWTH I~ANAG~MENT FINANCING PROGRAM cITy 'AB# /<>A!& TI;LE: . DEP FIN MTG.
DEPT. 12/11/90 COMMUNITY FACILITIES DISTRICT NO. 1 CITY
RECOMMENDED ACTION: Adopt the following resolutions:
- Resolution No. %'--?l;~ making appointments in the Community F
3) District No. 1 - Resolution No. ?@e+ adopting the boundary maps for Community F
District No. 1
Community Facilities District and to levy a special tax to pay for
public facilities (and setting January 29, 1991 as the date of the
hearing)
Resolution No. y@-433ordering and directing the preparation of a re]
a Community Facilities District
Resolution No. y&&$ declaring intention to issue bonds secured by
taxes
Resolution No. 98. gfgpproving the Negative Declaration prepared
Planning Director and finding that there is no substantial evidence t
Citywide Mello-Roos District will have a significant impact 1
environment.
- Resolution No. ?fl4#3& declaring the City's intention to esta
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If Council concurs with the modifications discussed in the body of this agenda
resolutions may be adopted as presented. If Council wishes to delete or modify any
of the CFD, the motion for adoption of the resolution declaring the City's intent to
CFD should so state.
ITEM EXPLANATION:
On August 28, 1990 the City Council reviewed a draft Resolution of Intention (I
form a City-Wide Community Facilities District (CFD) as part of the City's Long
Financing Plan. This CFD would provide a guaranteed funding source for approx
$109 million in capital projects that will be required to help the City continue to rn
service level standards set by the growth management program.
Since previous staff reports attached to the August 28 and July 10 agenda bills de
background of the CFD and the formation process, this report will focus recommended changes to the ROI and taxing formulas, and the actions Council w
during the next few months.
Changes to the ROI and Taxinn Formulas
At the Council meeting of August 28, 1990, the staff was directed to mak
modifications to the CFD documents and to return with a Resolution of Intent
Council consideration. These changes were:
W Reduce the maximum undeveloped land tax for commercial and inc
property
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Page Two of Agenda Bill No. /$ ?q8 r.
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* Reduce the maximum bond authorization from $150 million to $130
Simplify the formula describing the maximum developed tax rate fc
residential land uses
Revise the One-The tax tables to reflect current interest rate and fi~
cost assumptions
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These modifications have been incorporated into the documents attached to this
bill. In addition staff is recommending that Council consider including the follow
Revision to the Resolution of Intention:
0 Change the maximum undeveloped property tax and one-time
residential property as described below
Issues to be dealt with as part of the Communitv Facilities Report:
0 Clarify the language dealing with the taxation and definition of agri
Clarify the division of financial responsibility between residential ai
land uses
residential property for the cost of CFD sponsored projects.
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These modifications have also been incorporated in the ROI where appropriate but
removed if Council desires. The Council is being asked to adopt the resolution of ir
and set a date for a public hearing on the creation of the City-Wide Community F
District. The Resolution of Intention sets forth the maximum tax rates, mi
boundaries, and the project list and maximum cost estimates. From this point
Council may make changes only by reducing tax rates, project lists or boundari
increases are allowed. At the public hearing Council may choose to reduce ta
boundaries or projects and costs, if necessary, before proceeding with the
formations process. The present form of the ROI will provide reasonable maximurr
notice requirements by notifying each property owner of the City's intent to form 1
and advising them of the time and place of the public hearing.
The date for the public hearing must be between 30 and 60 days after the adoptio
ROI. The most likely dates for a public hearing are January 15 or January 29, 1'
this hearing anyone having an interest in the CFD may address the Council
recommends that Council set January 29, 1991 as the date for the public hearin2
If Council directs staff to proceed with the formation process an election date wil
This date will be between 90 and 180 days following the public hearing. If the
is to be conducted by the County Registrar of Voters the election can be no so01
125 days after the public hearing unless the Registrar specifically consents to a
schedule. The City Clerk may also run the election if the Council so chooses. Basec
window of opportunity, the expected date for an election would be on or about
aspects of the CFD. Following adoption of the ROI, the staff will proceed with t
1991. Council would certify the results of the election during June 1991. (Assun:
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4 Page Three of Agenda Bill No. /? y*
* shortest possible calendar the election could be held on or about April 16, 199
certification of results in May 1991.) Staff recommends that we plan for an election
to late May 1991.
Following the election the Council may choose to validate the formation of the CFI
process is not required and may not be necessary. We will review the need for val
with the City Attorney and Bond Counsel.
ENVIRONMENTAL REVIEW
The Planning Director prepared a Negative Environmental Declaration for the pi
Citywide Mello-Roos District finding that it would not have any significant, adverse
on the environment. During the public conunent period, one objection to the appi
a Negative Declaration was received. After reviewing and thoroughly analyz
objection, staff still believes a Negative Declaration is appropriate and adequate
Citywide Mello-Roos District Declaration. The detailed reasons for staffs determina
contained in the attached environmental documents and summarized in the a
memorandum to the City Manager from the Planning Director dated November 27
The City Council needs to consider the Negative Declaration prepared by review
and adopt a resolution approving the Negative Declaration finding that therl
substantial evidence that the project will have a significant, adverse effect
environment.
FISCAL IMPACT:
The proposed CFD has wide ranging impacts on the City and the land owners i
within the district boundaries.
The City's Capital Improvement Program proposes to fund all of the projects j
within the CFD from developer fees. Under the pay-as-you-go concept used in
projects cannot be funded until sufficient developer fees are available. Generally,
not become available until the developer builds a building or home. The City m
for development to occur before infrastructure improvements can be funded, or at
confident that an adequate amount of development fees will be available during thc
construction calendar to cover project costs.
Under the Growth Management Program, certain facilities must be provided 7
specific number of years after a threshold is reached, or concurrent with develop]
pay-as-you-go system does not allow the City to "guarantee" that adequate fund:
available to construct improvements. One of the key reasons for pursuing .
approach to financing these projects is linked to the issue of "financial guarantees.
a pay-as-you-go system, the City is totally dependent upon development activit revenue stream. Under a CFD system, much of that dependence is eliminated thrc
creation of a vacant land tax. This tax becomes a dependable stream of revenue w
be pledged to pay debt service on bonds issued to build needed projects. No s
financing can eliminate all uncertainty from the public facilities planning process
CFD begins to offer the City some insulation from the volatility o the developme
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Page Four of Agenda Bill No. 15 y#d
The CFD developed under the City's policies allows Council to fund a range of
concurrent with development and to leverage the fee revenue stream to creat
financing program that guarantees the availability of facilities.
The CFD together with the CIP and Council Policy 33, which controls the use of as districts, form the basis for the City's long range facility financing plan. The
successfully provided funding for more than $400 million in infrastructure imprc
to be constructed through buildout.
City of Carlsbad
An Overview of Carlsbad's
Long Range Facilities Financing Program
Long Range Capital The CIP provides funding for $400 million of Capital
projects from 1990 through buildout. The program is
largely dependent upon developer fees. The CIP does
not guarantee funding of projects due to its reliance on
an unstable revenue stream.
The proposed City Wide Mello-Roos Community Facilities
District provides a graranteed source of funding for
about $109 million of capital projects funded through
the City is less dependent on development for the
construction of various projects.
Council has entered into reimbursements agreements where
developer fee funding will not be available when needed.
These agreements have been instrumental in providing funding
for park land acquisition and In park development.
The City has used a variety of non-city funding sources
including TransNet funds, CalTrans and federal grants
to finance street construction programs. In addition, Redevelopn
funding has been used to leverage the existing tax Increment
revenue into an $1 1 million building program in down town Carls
Improvement Program
City Wide Mello-Roos
District
developer fees in the CIP. With the CFD in place
Reimbursement Agreements
Alternate Public
Funding Sources
Council Policy 33 Policy 33 allows the use of tax exempt debt to finance the
construction of prime and major arterials as well as
various related improvements. 191 3/15 act assessment
districts will fund more than $1 00 million in street
related projects through buildout.
Policy 38 allows the use of Mello-Roos districts (in addition to
the City Wide CFD described above) for the construction
of public improvements with general public benefit.
No estimate is available fort the total amount of
projects that will be funded under this policy.
The policy protects the City and the taxpayer while allowing
the use of public tax exempt debt to finance a variety of
projects.
Coucnil Policy 38
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5. Page Five of Agenda Bill No. /< y#fl
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c Existing fee schedules for Public Facilities Fees, Traffic Impact Fees and Brid
Thoroughfare District will be reduced if the CFD is confirmed to the extent that 1
previously slated for construction from fee revenues are now included in the CFD.
No General Fund support is required for this program. The CFD operates as a s
entity, providing its own operating revenue and capital funding,
It is also important to note that the present citizens and homeowners of Carlsbad ai
way obligated or held responsible in the event that the CFD experiences a ca:
shortfall. There is no legal way to assess property that is not within the CFD bou
for debts of the district. Under Council Policy 38, there will never be any homeowr
will be assessed a tax under the CFD program, further insulating the populac
taxation by some future City Council.
EXHIBITS:
1. Resolution No. Yfl-c/30 making appointments in Community Facilities Dist
1.
Resolution No. ?f1443/ adopting the boundary maps for Community F
District No, 1.
2.
3. Resolution No. @dgL declaring The City's intention to establish a Con
Facilities District and to levy a special tax to pay for certain public facilitic
Resolution No. qfl-#y3 ordering and directing the preparation of a repc
Community Facilities District.
5. Resolution No. ~fid3~declaring intention to issue bonds secured by speci;
6. Resolution No. Yfl-435 approving a Negative Declaration for the Citywid1
4.
Roos Community Facilities District.
Staff report dated October 24, 1990.
Staff report dated August 24, 1990.
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8.
9.
10.
f m ./ J& &GA &-g (PA Boundary maps (m fik with F;W ePa
Environmental documents (Public Notice, EIA Form 1 and 2) (including descriptions and costs).
Letter from Terrell Watt representing Project Future dated August 8, 199(
Memorandum to the City Manager from the Planning Director dated Novel
1990.
11.
12.
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RESOLUTION NO. 90-430
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, MAKING APPOINTMENTS IN
A COMMUNITY FACILITIES DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CAF
CALIFORNIAf (hereinafter referred to as the "legislative
the local Agency"), desires to initiate proceedings to c
Community Facilities District pursuant to the terms and
sions of the "Mello-Roos Community Facilities Act of
being Chapter 2.5, Part 1, Division 2, Title 5 of the Gov
Code of the State of California. This Community Fac
District shall hereinafter be referred to as CO
FACILITIES DISTRICT NO. 1 (hereinafter referred to
"Distaict") ; and,
WHEREAS, at this time, the legislative body is desi
making the required appointments in order to allow the 5
ings to go forward to completion in accordance with the
sions of law.
NOW, THEREFOREf IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all t
correct.
SECTION 2. That throughout the course of these
ings, the City Council of the City will be acting as the
tive body of the Community Facilities District No. 1, a
constituted governmental entity as defined by Section !
the Government Code of the State of California.
SECTION 3. All regulatory rules of the City, i
date, time and place of meetings, as well as notice requ
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shall be applicable for all proceedings conducted by this
lative body as the governing body of the Community Fac
District -
SECTION 4. That the CARLSBAD JOURNAL is hereby des
as the newspaper for all publications as required by law
necessary for completion of this District.
SECTION 5. That there is hereby authorized and esta
a special revolving fund designated by the name of the Di
Available monies, including property owner advances,
transferred to said fund to pay for current expenses, as
the acquisition and construction of facilities, inc
engineering services, and said fund shall be reimburse
tax revenues and/or other monies available from said Dist
from other contribution funds.
PASSED, APPROVED AND ADOPTED by the City Council
City of Carlsbad at its regular meeting held on the llt
of December , 1990, by the following vote, to
AYES: Council Members Lewis, Kulchin. Larson, Stanton and Nyg
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAiJTENRRANZ~$k
(SEAL)
Lux7L 4- n&u
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RESOLUTION NO. 90-431
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING BOUNDARY MAP
SHOWING PROPERTIES AND LAND TO BE SERVED BY
CERTAIN PUBLIC CAPITAL FACILITIES IN A COMMU-
NITY FACILITIES DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CA
CALIFORNIAf (hereinafter referred to as the "legislative
the local Agency"), desires to initiate proceedings to c
Community Facilities District pursuant to the terms and
sions of the "Mello-Roos Community Facilities Act of
being Chapter 2.5, Part 1, Division 2, Title 5 of the Go1
Code of the State of California. This Community Fa(
District shall hereinafter be referred to as COMMUNITY
TIES DISTRICT NO. 1 (hereinafter referred to as the "Disl
and,
WHEREAS, there has been submitted a map showing the
ties and parcels of land proposed to be subject to a spe
levied within the above-referenced District.
NOW, THEREFOREf BE IT RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all t
correct.
SECTION 2. That the map designated as "BOUND1
COMMUNITY FACILITIES DISTRICT NO. 1" showing the proper
parcels of land to be subject to a special tax levied wi
above-referenced District is hereby approved and adopted.
SECTION 3. A certificate shall be endorsed on th
nal and on at least one (1) copy of the map of the D
evidencing the date and adoption of this Resolution, an
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fifteen (15) days after the adoption of the Resolution
the time and place of the hearing on the formation or ext
said District, a copy of said map shall be filed wi
correct and proper endor8emmta thereon vhth the
Recorder, all in the manner and form provided €or in S
3110 and 3111 of the Streets and Highways Code of the SI
California.
PASSED, APPROVED AND ADOPTED by the City Council
City of Carlsbad at its regular meeting held on the Ilt
of December , 1990, by the following vote, to
AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nyga
NOES: None
ABSENT: None
v CLAUDE A. LEWIS, Mayor
FTTEST:
AL~LT~ RiTSm13rk
(SEAL)
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90-432 RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TO ESTABLISH A COMMUNITY FACILITIES DISTRICT
AND TO LEVY A SPECIAL TAX TO PAY FOR CERTAIN
CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION
PUBLIC FACILITIES WITHIN SAID COMMUNITY FACI-
LITIES DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CA'
CALIFORNIA, (hereinafter referred to as the "legislative
the local Agency"), at this time is desirous to initiate F
ings to create a Community Facilities District pursuant
terms and provisions of the "Mello-Roos Community Facilit
of 1982", being Chapter 2.5, Part 1, Division 2, Title 5
Government code of the State of California (the "Act")
Community Facilities District shall hereinafter be refe
as COMMUNITY FACILITIES DISTRICT NO. 1 (hereinafter refe
as the "District"); and,
WHEREAS, this legislative body is now required to
to adopt its Resolution of Intention to initiate proceedj
the establishment of said District, to set forth the bot
for said District, indicate the type of public facilitif
provided, indicate the rate and apportionment of a spec
sufficient to pay for all such facilities, set a time ar
for a public hearing relating to the establishment
District, and describe the proposed voting procedure
election pertaining to the levy of a speci.al tax or
bonds within the District; and,
WHEREAS, at any time before or after the formatior
District, this legislative body may accept advances c
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-- and/or work in kind from any source; however, no reimbu
and/or repayment shall be made for said advances until ex
set forth by agreement and/or Resolution of this legi
body setting forth the amount, terms and conditions
reimbursement and/or repayment; and,
WHEREAS, a map of said District has been submitted
said map is hereby approved and a copy of said map shall
on file with the transcript of these proceedings.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are all t
correct.
INITIATION OF PROCEEDINGS
SECTION 2. That these proceedings are initiated
legislative body pursuant to the authorization of Sectic
of the Government Code of the State of California.
BOUNDARIES OF DISTRICT
SECTION 3. It is the intention of this legislative
establish a Community Facilities District pursuant to tht
sions of the Act, the boundaries and parcels being that
land in which public facilities are to be provided and I
special taxes may be levied in order to pay the c
expenses for said public facilities. A description of t
daries of territory proposed to be included in the Disi
as follows:
All that property to be served by the i
tion of the capital facilities, as said property is shc
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map as previously approved by this legislative body, sa
designated by the name of this Community Facilities Distr
Copy Of which is on file an the Office of the city Cle
shall remain open for public inspection.
NAME OF DISTRICT
SECTION 4. The name of the proposed Community Faci
District to be established shall be known and designa
COMMUNITY FACILITIES DISTRICT NO. 1.
DESCRIPTION OF FACILITIES
SECTION 5. That it is the intention of this legi!
body to finance the fair share portion of certain aut
public capital facilities:
I. Public facilities generally descr
a new library facility, a major addition to an existing
building, a City Hall complex, and the addition of off
warehouse facilities at the public safety center.
11. Park improvements generally design
the MACARIO CANYON PARK.
111. Major street improvements in port
the following designated public streets: FARADAY AVENUE,
ROAD, LA COSTA AVENUE, OLIVENHAIN ROAD/RANCHO SANTA FE E
LEUCADIA BOULEVARD.
IV. Major bridge and overpass fac
generally described as the LA COSTA INTERCHANGE, POINSETl
INTERCHANGE and PALOMAR AIRPORT ROAD INTERCHANGE.
For a full and more complete descrir
said facilities, reference is made to the file E
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"DESCRIPTION OF FACILITIES", which is hereby referenc
incorporated herein, a copy of which is on file in the Ofl
the City Clerk and open for public inspection.
The above facilities all have an es
useful life of 5 years or longer, and are specifically
rized to be financed under these proceedings.
It is hereby further determined th
proposed facilities are necessary to meet increased
placed upon this Agency as a result of development oc
within the District.
The cost of acquiring, constructi
installing the facilities includes incidental expenses c
inq of the costs of planning and designing the faci
including the costs of environmental evaluations therec
costs associated with the establishment of the Distric
issuance of bonds, the determination of the amount
special taxes to be levied, the costs of collecting any
taxes, and costs otherwise incurred in order to carry
authorized purposes of the District, together with an:
expenses incidental to the acquisition, construction, con
and inspection of the facilities.
SPECIAL TAX
SECTION 6. That is is hereby further proposed that,
where funds are otherwise available, a special tax suffic
pay for said facilities and related incidental expenses
rized by the Act will be levied annually within the bot
of said District. For particulars as to the rate and me
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apportionment of the proposed special tax, reference is
the attached and incorporated Exhibit “A”, which sets fl
sufficient detail the method of apportionment to allow eac
owner or resident within the proposed District to clear1
mate the probable annual amount and the maximum annual
that said person will have to pay €or said facilities.
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The special taxes herein authorized s
collected in the same manner as ad valorem property ta
shall be subject to the same penalties, procedure, sale a
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priority in any case of delinquency as applicable for ad 11
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This legislative body hereby further aut
and allows the early discharge and prepayment of any
tax, and specific terms and conditions relating to an
payment shall be set forth by Resolution prior to the i
and delivery of any bonds.
PUBLIC HEARING
SECTION 7. NOTICE IS GIVEN THAT ON TUESDAY, THE 2
OF JANUARY, 1991, THE HOUR OF 6:OO O‘CLOCK P.M., IN THE
MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE
CHAMBERS, CITY HALL, A PUBLIC HEARING WILL BE HELD WHE
LEGISLATIVE BODY WILL CONSIDER THE ESTABLISHMENT OF THE E
COMMUNITY FACILITIES DISTRICT, THE PROPOSED METHOD AND APE
MENT OF THE SPECIAL TAX, AND ALL OTHER MATTERS AS SET F
THIS RESOLUTION OF INTENTION. THAT AT THE ABOVE-MENTION
AND PLACE FOR PUBLIC HEARING, ANY PERSONS INTERESTED, IF
TAXPAYERS, PROPERTY OWNERS AND REGISTERED VOTERS, MAY APE
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BE HEARD, AND THAT THE TESTIMONY OF ALL INTERESTED PERS
OR AGAINST THE ESTABLISHMENT OF THE DISTRICT, THE EXTENT
DISTRICT, OR THE FURNISHING OF THE FACILITIES, WILL BE HE
CONSIDERED. ANY PROTESTS MAY BE MADE ORALLY OR IN h
HOWEVER, ANY PROTESTS PERTAINING TO THE REGULARITY OR
CIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND CLEA
FORTH THE IRREGULARITIES AND DEFECTS TO WHICH THE OBJEC
MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CIT
OF THE LEGISLATIVE BODY ON OR BEFORE THE TIME FIXED
PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN IN
AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING.
IF A WRITTEN MAJORITY PROTEST AGAII
ESTABLISHMENT OF THE DISTRICT IS FILED THE PROCEEDINGS S
ABANDONED. IF SAID MAJORITY PROTEST IS LIMITED TO
FACILITIES OR PORTIONS OF THE SPECIAL TAX, THOSE FACILI
THAT TAX SHALL BE ELIMINATED BY THE LEGISLATIVE BODY.
ELECTION
SECTION 8. If, following the public hearing descr
the Section immediately below, the legislative body det
to establish the District and proposes to levy a spec
within the District, the legislative body shall then sub
levy of the special taxes to the qualified electors
District. If at least twelve (12) persons, who need not
sarily be the same twelve (12) persons, have been regist
vote within the District for each of the ninety (YO) days
ing the close of the subject hearing, the vote shall be bl
tered voters of the District, with each voter having
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vote. Otherwise, the vote shall be by the landowners
District who were the owners of record at the close
subject hearing, with each landowner having one (1) vo
each acre or portion of an acre of land owned with
District.
A successful election relating to the
tax authorization shall, as applicable, establish and/or
the appropriations limit as authorized by Article XIIIB
California Constitution as it is applicable to this Distri
NO PRIVATE CONTRACT
SECTION 9. This legislative body hereby finds and
mines that the public interest will not be served by a
the property owners of 3/4's of the area to make an elec
take over and perform any works of improvement pursuan
contract awarded by this legislative body. This findi
not prohibit the property owners from directly entering
contract to perform and construct certain of the w
improvement to then be acquired by the City.
NOTICE
SECTION 10. That notice of the time and place
public hearing shall be given by the City Clerk in the fc
manner:
A. A Notice of Public Hearing SI
published in the legally designated newspaper of general I
tion, being the CARLSBAD JOURNAL, said publication pur:
Section 6061 of the Government Code, with said publicatic
completed at least seven (7) days prior to the date set
public hearing.
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B. A Notice of Public Hearing sh
mailed, postage prepaid, to each property owner with
boundaries of the proposed District, to the address as SI
the last equalized assessment roll. Said mailing SF
completed at least fifteen (15) days prior to the date L
the public hearing.
ENVIRONMENTAL REVIEW
SECTION 11. All environmental evaluation proceedings
ing to the establishment of this District shall be co
prior to the date and time set for the public hearing.
PASSED, APPROVED AND ADOPTED by the City Council
City of Carlsbad at its regular meeting held on the lltk
of December , 1990, by the following vote, to
AYES: Council Members Lewis, Kulchin, Larson, Stanton, and NJ
NOES: None
ABSENT: None
CYAUDE A. LEWIS, Mayor - I.
ATTEST:
AL@ duTK%&-krk
(SEAL)
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CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
EXHIBIT "A"
PROPERTY CATEGORIES AND MAXIMUM TAX
All taxable property within the boundaries of the Communit
lities District shall be subject to ANNUAL SPECIAL TA
applicable, based upon the property categories, maxirc
rates, increases and status of the issuance of building p
all as hereinafter set forth. Improvement Area I refers
properties within the boundaries of the City of Carlsbad
and Thoroughfare District. Improvement Area I1 is
remaining properties within the Community Facilities Di
not within the Bridge 6( Thoroughfare District.
RESIDENTIAL PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable property prior to the issuance of a building
shall be subject to the following maximum annual special
subject to increases as set forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROP
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/199
IMPROVEMENT IMPROVEME?
PROPERTY CATEGORY AREA I AREA I:
Residential Low $ 281.00 $ 277.0(
Residential Low to Medium 772.00 760.0(
Residential Medium 1,294.00 1 , 217.0(
Residential Medium to High 1,g84.00 1,868.0(
Residential High 2 , 793.00 2,739.0(
SPECIAL DEVELOPMENT TAX - ONE TIME
Upon the issuance of a building permit, all Residential
ties shall be subject to the following described SPECIAL I
MENT TAX - ONE TIME, also subject to increases as se
herein, as follows:
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME P
RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 19
IMPROVEMENT IMPROVEME
PROPERTY CATEGORY AREA I AREA I
Residential Low $ 4,452.00 $ 3,835.0
Residential Low to Medium 4,452.00 3,835.0
Residential Medium 2,810.00 2,312.0
Residential Medium to High 2,810.00 2,312.0
Residential High 2 , 810.00 2,312.0
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COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable Commercial and Industrial Property prior
issuance of a building permit shall be subject to the €01
maximum annual special taxes, also subject to increases
forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PRO1
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/19(
IMPROVEMENT IMPROVEMEN'
AREA I AREA I1
Commercial Property $ 2,400.00 $ 1,600.00
Industrial Property 1,200.00 960.00
Agricultural Property -0- -0-
All Commercial and Industrial Property, upon the issuanc
building permit, shall have the option to (1) pay the
DEVELOPMENT TAX - ONE TIME or (2) assume the ANNUAL SPEC
- DEVELOPED PROPERTY for a period of not to exceed twen
(25) years, generally in the amounts per property catec
follows:
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MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR
YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA
PROPERTY CATEGORY
IMPROVEMENT IMPROVEME
AREA I AREA I1 COMMERCIAL USE DESIGNATIONS
Restaurant - Fast Food $ 28.46 $ 7.5f
Outdoor Tennis Courts 28.14 7.2E
Convenience Market 27.31 6.74
Bank with Drive-thru 18.06 5.72
Campground 17.51 4.92
Restaurant - Sit Down 15.17 4.7:
Marina 14.85 4.4:
Bank - Walk In 12.83 4. 6(
Auto - Gasoline 8.11 2.8!
Grocery Store 7.78 2.5f
S & L with Drive-thru 7.59 3.41
Bowling Center 6.63 2.8:
Restaurant - Quality 6.57 3.0'
Neighborhood Shopping Center 6.46 2.2'
Auto Car Wash 6431 2.5;
S ti L - Walk In 5.51 3.0.
Race Track 5.10 2.3.
Library 4.26 2. 8(
Community Shopping Center 4.24 1.8(
Hospital - General 3.88 3.11
Hotel - Conv. Fac/Comm. 3.47 2.5:
Auto - Repair & Sales 3.41 1.5r
Regional Shopping Center 3.35 1.6
Discount Store 3.22 1.5:
Golf Course 3.06 2.1G
Church 2.99 1.93
Office - Government 2.93 1.8(
Commercial Shops 2.90 1.51
Health Club 2.89 1.8
Motel 2.69 2.0
Office - High Rise 2.67 1.8
Office - Commercial, 100,000 SF 2.56 1.7
Lumber/Hardware Store 2.47 1.5
Office - Medical 2.42 2.0
Hospital - Convalescent 2.33 2.2
Indoor Sports Arena 2.33 2.2
Resort Hotel 2.30 1.9
University 2.26 1.9
Junior College 2.19 1.9
All other Commercial Properties 2.14 1.4
not indentif ied above
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IMPROVEMENT IMPROVEME
AREA I1 INDUSTRIAL USE DESIGNATIONS AREA I
Heliports $ 10.63 $ 3-67
Industrial-Commercia1 Business
Park 2.14 1.51
All other Industrial Properties
not identified above le74 1.4;
OR, IN THE ALTERNATE,
ANNUAL SPECIAL TAX
The "Maximum Annual Special Tax - Developed Property"
Fiscal Year shall not exceed 13.81% of the authorized '
Special Development Tax - One Time" for the various Cor
amount applicable and annually adjusted for each Fiscal Yc
and Industrial Property categories as set forth above
ANNUAL TAX INCREASE
The above SPECIAL TAXES for the taxable properties are
able for the fiscal year 1990/91, and are all subject tc
increases to reflect increases in construction cost!
Construction Cost Index of the Engineering News-Record,
"ENR Cost Indexes in 22 Cities" will be used. Th
published for the month of April for the City of Los
under the column heading of "Percentage Change from Lac
will annually inflate each of the Maximum Annual Taxes 1
year €or properties as follows:
A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of
above-referenced increase.
B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed
of the above-referenced increase until annexed.
TERM OF TAX
The above taxes shall be levied until all bonds have bc
charged and facilities funded and/or guaranteed, and the
DEVELOPMENT TAX - ONE TIME has been paid; however, thc
SPECIAL TAX - DEVELOPED PROPERTY shall not be leviet
period in excess of twenty-five (25) years per parcel.
Residential:
Once a building permit has been issued for Residential
and the SPECIAL DEVELOPMENT TAX - ONE TIME has been pz
property no longer will be subject to any annual special
$
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Commercial & Industrial:
The Commercial and Industrial properties, upon the issuai
building permit, have the option to (1) pay the SPECIAL 1
DEVELOPED PROPERTY, as set forth above. Upon the issL
authorized.
MENT TAX - ONE TIME or (2) assume the ANNUAL SPECIA
any building permit, no further increase or escala
COLLECTION OF ANNUAL TAX
Residential:
Determine monies necessary to make payment on bond debt
replenish reserve, call bonds, pay bonds and Community
ties District No. 1 administrative costs, and pay for
Reduce this amount by tf capital facilities. FIRST:
collected from Special Development Tax - One Time levied
residential properties. SECOND: The remaining funds ne
to be collected by the levy of the annual Special
Undeveloped Property on undeveloped taxable residential
in the proportional amounts for each property cate
required, not to exceed the maximum authorized tax.
Commercial and Industrial:
Determine monies necessary to make payment on bond debt
replenish reserve, call bonds, pay bonds and Community
lies District No. 1 administrative costs, and pay for cu
future public capital facilities. FIRST: Reduce this ai
the funds collected from Special Development Tax - One '
annual Special Tax - Developed Property levied against
cial and industrial properties. SECOND: Levy the
Special Tax - Undeveloped Property on undeveloped taxable
cial and industrial acreage in the proportional amounts
property category as required, not to exceed the maximum
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90-433 RESOLUTION NO.
RESOLUTION OF THE; CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ORDERING AND DIRECTING
THE PREPARATION OF A "REPORT" FOR A COMMUNITY
FACILITIES DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CAR
CALIFORNIA, (hereinafter referred to as the "legislative 1
the local Agency"), has declared its intention to i
proceedings to create a Community Facilities District p
to the terms and provisions of the "Mello-Roos Community
ties Act of 1982", being Chapter 2.5, Part 1, Division 2
5 of the Government Code of the State of California.
Community Facilities District shall hereinafter be refe
as COMMUNITY FACILITIES DISTRICT NO. 1 (hereinafter ref@
as the "District"); and,
WHEREAS, this legislative body directs, pursuant
provisions of Section 53321.5 of the Government Code
State of California, the preparation of a "Report" to
more detailed information relating to the proposed Distr
proposed public facilities and estimate of cost.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all t
correct.
SECTION 2. That the appointed SPECIAL TAX CONSUI
hereby directed and ordered to prepare a "Report" to
sented to this legislative body, generally setting fc
containing the following:
8.
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FACILITIES: Further information an(
regarding a full and complete description of the public :
ties proposed to be constructed.
COST ESTIMATE: A general cost estimate !
forth costs of facilities, incidentals, contingencies and
ing costs.
SPECIAL TAX: Further particulars and doc1
tion regarding implementation. definitions and all
matters necessary to clearly set forth the rate, meth
apportionment for the authorized special tax.
OTHER MATERIAL: All other material
necessary and related to the proposed Community Fac
District proceedings and funding.
SECTION 3. Said "Report", upon its preparation, sk
submitted to this legislative body for review, and said "
shall be made a part of the record of the public hearing
Resolution of Intention to establish said District.
PASSED, APPROVED AND ADOPTED by the City Council
City of Carlsbad at its regular meeting held on the Ilt
of December , 1990, by the following vote, to
AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nyg
NOES: None
ABSENT: None
ATTEST:
ALpiA* RiTEC-jerk
(SEAL)
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RESOLUTION NO- 90-434
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DECLARING INTENTION TO
ISSUE BONDS SECURED BY SPECIAL TAXES TO PAY
FOR CERTAIN FACILITIES IN A COMMUNITY FACILI-
TIES DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CA
CALIFORNIA, (hereinafter referred to as the "legislative
the local Agency"), has declared its intention to or
establishment of a Community Facilities District €or
public facilities pursuant to the terms and provisions
"Mello-Roos Community Facilities Act of 1982", being
2.5, Part 1, Division 2, Title 5 of the Government Code
State of California, commencing with Section 53311
Community Facilities District shall hereinafter be refe
as COMMUNITY FACILITIES DISTRICT NO. 1 (hereinafter ref€
as the "District"); and, L--
WHEREAS, it is the intention of this legislative
finance all or a portion of said facilities through the j
of bonds, said bonds to be secured by special taxes,
authorized pursuant to said "Mello-Roos Community Facilit
of 1982".
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all t
correct.
SECTION 2. That this legislative body declares t
public convenience and necessity requires that a bonded in
ness be incurred to finance all or a portion of certain
facilities as proposed for the designated District.
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SECTION 3. That the purpose for the proposed
generally described as follows:
To finance the fair share portion of the
ing authorized public capital facilities:
I. Public facilities generally dew:
a new library facility, a major addition to an existing
building, a City Hall complex, and the addition of off
warehouse facilities at the public safety center.
11. Park improvements generally desigi
the MACARIO CANYON PARK.
111. Major street improvements in port
the following designated public streets: FARADAY AVENUE
ROAD, LA COSTA AVENUE, OLIVENHAIN ROAD/RANCHO SANTA FE I
LEUCADIA BOULEVARD.
IV. Major bridge and overpass fac
generally described as the LA COSTA INTERCHANGE, POINSET'I
INTERCHANGE and PALOMAR AIRPORT ROAD INTERCHANGE.
SECTION 4. That the amount of the proposed bonded ir
ness, including the cost of the facilities, together w
incidental expenses, is generally estimated to be:
$130,000,000
Said costs are represented in current
and are subject to escalation to provide for future ph
construction.
SECTION 5. NOTICE IS GIVEN THAT ON TUESDAY, THE 2
OF JANUARY, 1991, AT THE HOUR OF 6:OO O'CLOCK P.M.,
REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE
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CHAMBERS, CITY HALL, A PUBLIC HEARING WILL BE HELD ON THE
TION OF THIS LEGISLATIVE BODY TO INCUR A BONDED INDEBTEL
FINANCE PUBLIC FACILITIES IN THE COMMUNITY FACILITIES 1
BY THE LEVY OF A SPECIAL TAX. AT THE TIME AND PLACE F1
SAID PUBLIC HEARING, ANY PERSONS INTERESTED, INCLUDING
OWNING PROPERTY WITHIN THE AREA, MAY APPEAR AND PRES
MATTERS RELATING TO THE PROPOSED INTENTION AND NECESS
INCURRING THE BONDED INDEBTEDNESS WHICH WILL PAY FOR A
PORTION OF THE PROPOSED PUBLIC FACILITIES AND WHICH
SECURED BY A SPECIAL TAX TO BE LEVIED WITHIN SAID CC
FACILITIES DISTRICT.
SECTION 6. That notice of the time and place of tht
hearing shall be given by the City Clerk in the fc
manner:
A. A Notice of Public Hearing SI
published in the legally designated newspaper of general (
tion, being the CARLSBAD JOURNAL, said publication pur5
Section 6061 of the Government Code, with said publicatic
completed at least seven (7) days prior to the date set
public hearing.
B. A Notice of Public Hearing shall be
postage prepaid, to each property owner within the bound:
the proposed District, to the address as shown on t
equalized assessment roll. Said mailing shall be compl
least fifteen (15) days prior to the date set for the
hearing.
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PASSED, APPROVED AND ADOPTED by the City Council
City of Carlsbad at its regular meeting held on the 111
of December , 1990, by the following vote, to
AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nyl
NOES: None
ABSENT: None
ATTEST! Ak;?. ZUTEg-brk
(SEAL)
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RESOLUTION NO. 90-435
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A NEGATIVE DECLARATION FOR THE CITYWIDE MELLO-ROOS DISTRICT/
COMMUNITY FACILITIES DISTRICT.
WHEREAS, the city Council has determined to fc
Citywide Mello-Roos District, pursuant to the terms
provisions of the 'IMello-Roos Community Facilities Act of
being Chapter 2.5, Part 1, Division 2, Title 5 of
Government Code of the State of California; and
WHEREAS, the Citywide Mello-Roos District is 1
formed to implement the City's Growth Management Plan,
General Plan, the Citywide Facilities and Improvements Pla
Local Facilities Management Plans, all of which have
previously adopted by the City Council; and
WHEREAS, the Citywide Mello-Roos Community Facil.
District is a project as defined by the Califc
Environmental Quality Act (CEQA) and is, therefore, subjec
environmental review; and
WHEREAS, on July 9, 1990, the Planning Dire
prepared a Negative Declaration determining that the Citj
Mello-Roos District would not have a significant impact 01
environment; and
WHEREAS, the Negative Declaration was publish€
July 21, 1990 in order to allow for public review and corn
and
WHEREAS, during the public comment period,
objection to the Negative Declaration was received; and
WHEREAS, the Planning Director determined, e
reviewing the objection, that there was no substantial evil
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to indicate that the Citywide Mello-Roos District would I
significant adverse impact on the environment and t
Negative Declaration was adequate, legally proper and coi
supported by the environmental documentation includin
initial study.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Council of the City of Carlsbad, as follows:
1. That the above recitations are true and cox
2. That based on examining the environn
documents including the initial study, analyzing a11
information submitted by staff, considering any WI
comments received and responded to by staff and considerir
testimony and arguments, the City Council finds that the
no substantial evidence that the formation and implement
of a Citywide Mello-Roos District will have any signif
impacts on the environment and the City Council hereby app
a Negative Declaration.
PASSED, APPROVED AND ADOPTED at a regular meetin.
city Council of the City of Carlsbad, California, on tht
day of December I 1990 by the following vote, to wit
AYES: Council Members Lewis, Kulchin, Larson, Stanton
NOES: None
ABSENT: None
ATTEST:
% Re(l&kL,
ALETHA L. RAUTENKRANZ, City d/lerk
(SEAL)
. 0 0
October 29, 1990
c.
TO: City Manager .
FROM: Finance Director
CITY-WIDE COMMUNITY FAWES DIma
BACKGROUND
On August 28, 1990 the City Council reviewed a draft Resolution of Intention (
form a City-Wide Community Facilities District (CFD) as part of the City's Lon]
Financing Plan. This CFD would provide a guaranteed funding source for appro]
$109 million in capital projects that will be required to help the City continue to I
service level standards set by the growth management program.
Since the staff reports attached to the August 28 and July 10 agenda bills df
background of the CFD and the formation process, this report will focus
recommended changes to the ROI and taxing formulas, and the actions Council Y
during the next few months.
CHANGES TO THE ROI AND TAXING FORMULAS
At the Council meeting of August 28, 1990, the staff was directed to ma
modifications to the CFD documents and to return with a Resolution of Inten
Council consideration. These changes were:
Reduce the maximum undeveloped land tax for commercial and i~
Reduce the maximum bond authorization from $150 million to $130
Revision of the One-The tax tables to reflect current interest r
In addition staff is recommending that Council consider including the following!
property
Simplify the formula describing the maximum developed tax rate !
residential land uses
financing cost assumptions
Change the maximum undeveloped property tax and one-the
residential property as described below
Clarify the language dealing with the taxation and definition of agrj
land uses
residential property for the cost of CFD sponsored projects.
Clarify the division of financial responsibility between residential a
0. e
Reduce the Maximum Undeveloped Land Tax - Commercial/Industriak
In August, the staff recommended that the Council consider reducing the IT
undeveloped land tax rate for non-residential uses. The reduction as proposed w effect the viability of the CFD cash flow. This reduction has been included h the R recornmended maximum tax rates for undeveloped non-residential property have
as shown in the table below:
.,.
Community Facilities District No. 1
bkxh-"TI Undeveloped Land Tax CommerciaYlndustrial Property
. ...
Reduce Maximum Bond Authorization
The original CFD documents recommended that the maximum bond authorizatio:
at $1 50 million. Several property owners expressed discomfort with this amount ar
that we consider a lower ceiling on bonds to be issued. Staff recommended thar
of $130 million be included in the final documents and Council concurred. The RO
the council reflects this lower bond authorization limit.
Simplification of the Tax Formula for Non-Residential Develoued ProDertv
The previous tax formula for non-residential developed property (the pass thou
attempted to describe a weighted average process that would be used for calcula
level of the pass-through tax for each property. This method proved to be ex
complex and difficult to implement. The proposed simplified tax formula estab
maximum pass-through tax based on a fixed percentage of the maximum One-Ti
table. Council may set any tax rate at or below the maximum pass-through tax r
will be necessary to fund the expenses of the CFD. This allows flexibility when re7
the tax rates on an annual basis including the effect of the pass-through tax on the
of the undeveloped land tax required from non-residential property owners.
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Revision of the One-Time Tax Tables (Non-Residential) to Reflect Current Fin
Assummions
The previous tax tables did not reflect current assumptions of interest rates or the financing. The revised One-Time Tax Tables reflect m&m rates that will all
district to continue to function in a wide range of financial markets. If the maxim
rates are set too low the district risks being constrained by market conditions
considering bond issues. This could put the CFD in a situation where a project w(
required but would have to be deferred due to the current high cost of financing
adequate maximum tax rates the CFD can proceed in a variety of markets with the
to re-fund an issue or pay off high cost debt early in the debt repayment schedule
than eliminate ,or seriously defer projects.
Change in Undeveloped and One-Time Tax Rates - Residential
After reviewing the cash flow information for the entire district staff is recommendir
Council consider including a change in the maximum tax rates for undeveloped p~
and one-time tax rates for residential property. When considering the bond market a
possible range of bond interest rates which may be faced over the life of the issi
necessary to raise the maximum tax rate for each land use type to insure ongoing vi
of the CFD. Although the maximum tax rates will increase, the actual undevelope
tax to be assessed will not change substantially from the previous tax schedules. !
asking that Council include the revised tax tables in the adoption of the ROE. The
below summarize the proposed changes in tax rates:
.
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140 22.2 138 22.2
996 1.217 221 22.2 1,059 1,294 235 222
1.623 1,904 340 22.3
Community Facilities District No. 1
Expected Tax Rate - Undeveloped Land - Residential Property
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City of Carlsbad
Community Facilities Dislrict No. 1
Recommended One-Time Tax - Residential Property
Clarify the Effects of the CFD on Agricultural Property
The previous policy on the taxation of agricultural land tied the beginning of taxati
the date that any planning effort began on changing the land use of the property.
revised policy allows master planning to proceed, but requires annexation to the CFD
approval of a zone change or the conversion of any agricultural property from ag 1
non-ag use through the issuance of a CUP. This treatment is more consistent wi~
condition which staff will be recommending for inclusion in future zone plans or mal
will require participation in the CFD at the first discretionary action.
Clarify the Division of Financial Responsibilitv - Residential vs. Non-Residential Pro
Language has been drafted for inclusion in the future CFD Report to descri'c
separation of fiscal responsibility between residential and non-residential property.
major issue or concern was that property owners of one type of property should r
required to suffer a tax increase to offset a revenue shortfall created by the other type
language to be included in the CFD Report states that residential property w
responsible for 65% of the project costs while non-residential property will be respo
for 35% of all project costs. This will provide adequate insulation between the v(
property types.
Council Actions
On December 4, 1990 the Council will be asked to adopt the resolution of intentic
set a date for a public hearing on the creation of the City-Wide Community Fa1
District. The Resolution of Intention sets forth the maximum tax rates, ma, boundaries, and the project list and maximum cost estimates. From this point fo
Council may make changes only by reducing tax rates, project lists or boundarie:
increases are allowed. At the public hearing Council may choose to reduce tax
boundaries or projects and costs, if necessary, before proceeding with the d
formations process. The ROI, with the inclusion of the changes recommended abov
provide reasonable maximums for all aspects of the CFD. Following the ROI the sta
proceed with the legal notice requirements by notifying each property owner of the
intent to form the CFD and advising them of the time and place of the public hear
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The date for the public hearing must be between 30 and 60 days after the adoptic
ROI, The'most likely dates for a public hearing are January 15 or ~an;lq 22,i this hearing anyone having an interest in the CFD may address the Council
recommends that Council set January 22, 1991 as'the date for the public hearin!
If Council directs staff to proceed with the formation process an election date wil
This date will be between 90 and 180 days following the public hearing. If the
is to be conducted by the County Registrar of Voters the election can be no SOOX
125 days after the public hearing unless the Registrar specifically consents to a
schedule. The City Clerk may also run the election if the Council so chooses. B
this window of opportunity, the expected date for an election would be on or ab(
28, 1991. Council would certify the results of the election during June 1991. (A
the shortest possible calendar the election could be held on or about April 16, 19
certification of results in May 1991 .) Staff recommends that we plan for an electio,
to late May 1991.
Following the election the Council may choose to validate the formation of the CF
process is not required and may not be necessary. We will review the need for va
with the City Attorney and Bond Counsel.
A shortened version of the staff report provided with the July 10, 1990 agenda bil
CFD has been included with this report as background information.
_-
RECOMMENDATIONS
Staff is recommending that Council take the following actions:
Adopt the following resolutions:
- Resolution making appointments in the Community Facilities
Resolution adopting the boundary maps for Community F:
Resolution declaring the City's intention to establish a Corn
No. 1
District No. 1
Facilities District and to levy a special tax to pay for certain
facilities (and setting January 22, 1991 as the date of the
hearing)
Community Facilities District
-
-
- Resolution ordering and directing the preparation of a repor
Resolution declaring intention to issue bonds secured by speck -
If Council concurs with the modifications discussed in the body of this
all resolutions may be adopted as presented. If Council wishe's to dr
modify any aspect of the CFD, the motion for adoption of the res1
declaring the City's intent to form a CFD should so state.
5
August 24,1990 (I) 0
TO: CITY MANAGER
FROM: Finance Director
SUMMARY OF MELLO-ROOS DISTRICT PROPOSAL,
BACKGROUND
In 1986, the voters of Carlsbad approved the implementatlon of the Growth Manager
Program. The principals of the program were based on the concept that development
only occur when the developer can show that eleven basic infrastructure standards wi
maintained. In other words, the developer would have to show that the citizens who
previously enjoyed library services, circulation and street systems, or school systerr
name a few, would be able to continue to enjoy the services they had received beforc
development occurred. If the proposed development would cause any service to fall bc
a stated standards, the developer would have to provide a means for construc
improvements that would maintain the standards as stated within the Growth Manager
ordinance and to meet the service demands of the new development.
At this time the City of Carlsbad has in place a series of development related fees thai
paid at the time of construction. These fees will ultimately pay for improvements suc
the library, intersection and street improvements, fire stations, parks and other pi
facilities. The City has generally used a pay-as-you-go system for financing ca
projects included in the City's capital improvement program are built. The City's Grc
Management Program requires that financing for certain facilities must be guarantee
that the facility can be built concurrent with development. Although a pay-as-yo system will eventually provide funding, it is not considered a guaranteed source of fu
Revenues from fees are dependant upon the level of development activity.
In order to protect the City's ability to construct certain projects on a predictable schec
the City Council directed staff to develop a plan to guarantee the funding of certain ca
projects without relying on pay-as-you-go fees. This plan had to provide a mean collecting funds from those within the City who will ultimately develop and directing t
funds towards certain high priority projects. It was not the City's desire to fund pro
that would be developer responsibilities in the years to come or would have a very na
area of benefit. Three standards for the use of tax exempt Mello-Roos Bonds came
this work:
1.
2.
improvements, This means that when the City collects adequate funds from developer
The City would fund projects that are currently within the City's fee prop-;
The City would concentrate on projects that are too large for a single devel
to guarantee or fund in advance.
The City would concentrate on projects that impact more than one gr(
management zone.
3.
e 0 .- r With these three basic concepts in mind, the City began to work on a Comprel
Financing Program for major capital improvements. From this effort, the C! developed the following:
1. The Council Policy 38 which sets the standards for the use of Mello-Roos c
in Carlsbad and the proposed Mello-Roos Financing Program.
.I 2. Council Poky 33 and the proposed use of 1913/1915 Assessment Dfstrfc for streets.
A comprehensive review of the City's capital improvement program and
improvements required under growth management down to the (
Management zone level.
3.
This Comprehensive Financing Program includes funding for more than $400 mi'
City funded projects as well as handling millions of dollars in projects that 7
conditions of development approvals.
Further information on the proposed Mello-Roos district is available from staff 1
presented to the Council on July 10, 1990 and August 28, 1990.
MELLO-ROOS DISTRICT
One of the most important output of this long range planning process is the propos
Wide Mello-Roos District. This District will fund the construction of $109 million in
projects that would otherwise have been funded from City fee programs. The pro:
be constructed include the following:
Civic Buildings and Facilities:
Library - South Carlsbad
Library - Remodel North Carlsbad 4.0
Macano Canyon Park 14.0
City Hall Facility 23.1
$ 11.2 million
Utilities Main/Warehouse facility 3.7
Streets and Road Sements:
Faraday Ave 3.5
Cannon Road 3.95
La Costa Ave 6.0
Olivenhain/Rancho Santa Fe 6 .O
Leucadia Blvd 3.5
Bridges/Interchannes:
La Costa Interchange 9.5
Poinsettia Interchange 9.85
Palomar Airport Rd Interchange 11.035
Total All Projects $109.335 don
(I) 0
' The District will ultimately include the majority of undeveloDed land within th These would be the properties that have not paid development fees which would 1
to construct capital projects required by the growth management program that are ir
in the capital improvement program. Any property which currently has'a house c
major improvement existing would be excluded from the District and no assessme
or tax would be placed on those properties. The builders of existing homes and bl
paid all fees or obligations at the time of construction and therefore should not be a
or taxed further.
The Mello-Roos District or Community Facilities District (CFD) works very much
assessment district. The landowners or affected individuals are required to votc
approve of the creation of the District before the City can implement such a pla
voters allow the City of Carlsbad to create a special district with the right to asse!
which will not exceed a fixed amount. This tax can then be used to pay for pro,
debt service (annual debt payments) on bonds that have been issued to pay for a
list of capital projects. The creation of a Mello-Roos District requires a two-thirds
registered voters in the area to be included within the District. The City's propo:
only include undeveloped land since all existing residences and other structure
already paid fees needed to finance their share of the construction of capital improv
required by the Growth Management Program.
The creation of a Mello-Roos District will affect different types of landownej
eventually the residents of Carlsbad, in many different ways. The plan proposed
City should be reviewed in three distinct pieces: residential property, commerc
industrial property, and agricultural property. Below is a review of each of these cat
and how the Mello-Roos District will effect it.
Under the Mello-Roos District structure, only the tax payers within the District boui
are obligated to pay taxes levied by the District. Neither the City of Carlsbad I
residents of Carlsbad are obligated in the event of default by the District. The Coun
not assess a tax outside the District boundary to pay for obligations of the Distnc
RESID- PROPERTY
the landowners in undeveloped areas, or of the registered voters if there are more 1
.
1. A vacant or undeveloped land tax will be placed on residentially zoned pi
within the District boundaries. This tax would be based on the und
General Plan land use designation. The tax would be based on the nur
net developable acres included in the parcel as determined using the ;
management standards.
Upon development, a single one-time tax would be paid by the develope
one-time tax would be a fixed amount per unit developed. Upon the pi
of the one-time tax, no. further tax obligation exists on the parcel. This
that a home buyer will not be required to continue paying Mello-Roos ti
the City of Carlsbad. The most important concept that applies to the resi
development is that the home buyer in the City of Carlsbad will
obligated to pay further taxes and therefore carry an additional tax bun
public improvements included within the District.
2.
* 0
-. I . COh4MERCXAL,ANDUSWPROPERTY ?
1. The CFD would be authorized to impose a tax on undeveloped land zor commercial and industrial use in the Carlsbad General plan. This vacax
tax would be set annually in the amount necessary to raise funds to SI
bond issues on the the table attached to this memo. The ultimate go; construct capital projects in such a way as to maintain the standar
infrastructure improvements as required by the Growth Management Prc
The actual amount of the vacant land tax may go up or down depending
amount of funds required each year, however, it cannot exceed the max
tax rates that will be established when the District is formed,
The maximum vacant land taxes are set at a level that will allow the dist
be fiscally sound. The caps or upper limits are far in excess of the amoun
would be assessed if development occurs in the fashion projected by the c
property owners.
Following the development or construction of improvements, the tax
against the parcel will change from an undeveloped or vacant land ta:
developed tax. The developed tax will be higher than the vacant land ta
will be based on the ultimate use of the property. The underlying conc.
this two tiered tax structure is that commercial and industrial develope]
fully capable of analyzing the effect of the Mello-Roos District and its
upon their profitability. Once the land is converted from the undeveloped
to a developed state, the owner has the opportunity to create an income s
to continue after development of a project is referred to a “pass through”.
level of developed property tax is related to the amount of fees that would
been paid by the project. Generally, the developed tax rate is set at a leve
finances all fees, administrative costs, debt issue costs and carry costs.
2.
which should be fully capable of supporting a higher tax level. Allowing t!
AGRICULTURAL LAND
1. Land that is currently zoned for agricultural use or limited control (LC) m
included in the District, however, no tax would assessed upon these parce
large portion of the land that is currently under agriculture falls into o
these two categories.
The zero tax rate would continue to apply to these parcels as long as a
change or other development application is not proposed by the owner. 1
receipt of an application for development rights, the tax clock would beg
r~n. Upon final approval of a development application the full mount c
tax is due back to the date of application. If the application is denied b.
City Council, no taxes are due and the slate is wiped clean. In short, if la
currently zoned for agriculture or in the LC zone and no action is taken b
owner to make a change in that underlying zoning, no tax will be due unde
Mello-Roos District program.
2.
APPEAL PROCESS
The district will include an appeal process that will allow a tax payer to appeal the am
of the tax assessed, land classification issues or other questions to a board made up of
m 0
-7 a . representatives. This ooard would have the authority to modify the tax burden lev certain parcels Within the constraints of the general taxing formula. This appea provides .a fonun'for resolving issues out-side of the formal Council appeal proc
PROCESS AM) SCHEDULE
The City has been working on the creation of this CFD for about 18 months. 'A
total recount of progress over that time is not necessary, a review of events occur
the past four months may be useful. In addition, the proposed schedule for pr
with the CFD formation should be reviewed.
On March 5, 1990 the City mailed notices to about 500 property owners notify
of our intent to pursue the formation of the City Wide CFD. Copies of a
Resolution of Intention, tax rates, property ownership information, and
calculations were included in each packet.
On March 16, 1990 the staff held two meetings, one at 9:OO am and one at 3:OO 1
City Council Chambers, to discuss the CFD proposal. Staff provided an overvic
district and tax rates as well as information on the formation process. Following t
16th meeting, the City staff held a series of meetings with anyone who requested
(whether included in the district or not). The purpose of these meetings was t
explain the proposal and to get input from the property owners. Meetings M
between March 16 and May 3.
After completing the property owner meetings staff worked with the City's consi
produce the recommendation that was considered by the Council on July 10, 1!
On July 10, 1990, the Council considered the adoption of the Resolution of Int
form a Citywide Mello-Roos district. After a lengthy discussion which included ir
the public as well as [property owners, Council considered a request fi-om several
owners for a delay in adopting the Resolution of Intention to allow additiona
review the economic effects of the proposed taxes. Council consented to the c
directed staff to return o August 28, 1990 with a report.
On August 28, 1990 Council will review the proposed policies and document
dktdct. They will direct staff to return with documents at sometime in the futi
When Council is ready to proceed with the formation process, the following sche
be followed:
Resolution of intention. Adoption of the Resolution of Intention to form a disti
first formal action Council will take. A date for this action has not been set.
Public Hearing. Between 30 and 60 days after the Resolution of Intention, the CiC
will call a public hearing to discuss the Mello-Roos District. At this public hea
general public, interested property owners or other individuals having a desire tc
the City Council on this issue may have an opportunity to present their views and
to the City Council. If. the City Council sees fit to continue the process, the Coi
then call for an election: As with assessment districts, formal protests will be re
this time. If more than 50% of the land owners (based on acreage) file protests tl
will not proceed.
- . , m e
._ b , Election bv the ProDenv Owners. Following the public heanng, property owners
I the District will be given the opportunity to vote on the formation of the District. Th
will be on .the basis of total acreage, one acre equalling one vote. A two-thirds i
required for formation of the District. The vote must be held between 90 and 18
following the public hearing. If the vote is to be taken by the County Registrar of 7
the election cannot occur before 125 days after the public hearing unless the Re
approves the earlier date.
Certification of Results and Validation. Following the voting process, the City will
the results of the election. The Council may also choose to validate the creation
District through a legal challenge. This legal process establishes that the Distric
formed using the appropriate procedures and that the ultimate district will withstai
challenge that may be brought. The validation process may take between 60 and 12
depending on the extent of arguments.
ALTEEWATIWS
The CFD is one of several alternatives for financing the City's infrastructure needs.
Council chooses not to proceed with this program, capital project funding will ren
shown in the CIP. The CIP does not guarantee funding of projects; it indicates thr
ability to construct facilities if fee revenues are adequate. For example, proceedin
bond or Certificate of Participation (COP) issues for the funding of the library will I
the pledging of Public Facilities Fee revenue backed by the general fund. Interc
construction on the schedule shown in the CIP is dependent on loans from TransNel
which are repaid from Bridge and Thoroughfare district revenues. Other projec
remain dependent on revenues from fees or reimbursement agreements with pr
owners who construct facilities in advance of the City's schedule. Council coul
or group of projects.
.
consider doing a series of smaller, more localized CFD's to finance a single specific 1
JAMES F. ELLIOlT
JFE: em
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NEGATIVE DECLARATION
PROJECT ADDRESS/LOCATION: Citywide Mello-Roos District
PROJECT DESCRIPTION: Growth Manaqement Financinq Proqram to 1 the construction of Citywide public facilities.
The City of Carlsbad has conducted an environmental review of above described project pursuant to the Guidelines
Environmental Protection Ordinance of the City of Carlsbad. 1 result of said review, a Negative Declaration (declaration that project will not have a significant impact on the environment hereby issued for the subject project. Justification for . action is on file in the Planning Department.
A copy of the Negative Declaration with supportive documents i file in the Planning Department, 2075 Las Palmas Drive, Carls California 92009. Comments he public are invited. P1 submit comments in writing Planning Department withii
days of date of issuance.
Implementation of the California Environmental Quality Act and
DATED: JULY 9, 1990
CASE NO: EIA 90-5
APPLICANT : CITY OF CARLSBAD
PUBLISH DATE: JULY 12, 1990
/
2075 Las Palmas Drive - Carlsbad. California 92009-4859 - (619) 438-
, EIA 90-5 CASE NO. DATE : lr1lv 9, 1990
0 0
<-
-
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I
(To be Completed by APPLICANT)
Appl i cant:
Address of Appl icant : 7027 Las Palmas Drive
Citx Of Carlsbad
Carlsbad. CA 92009-4859
Phone Number: (6191 438 -1161
Name, address and phone number of person to be contacted (if other than Applicant): N/A
GENERAL INFORMATION: (Please be specific)
Project Descri p t i on : prP2tiOn of a Communitv Facilities Distric
r0v-t Droiects which would otherwise bc
e nrourams.
Project Location/Address: The Disbic t includes projects
+hrmi - Citv of Carlsbad
Assessor Parcel Number: N/A - -
General P1 an/Zone of Subject Property: Various /
Local Facilities Management Zone: 2,5,7,8,9,11,12,14,19,20,22,24
IS the site within Carlsbad’s Coastal Zone?
Please describe the area surrounding the site to the
Partially
North: City of Carlsbad East: City of Carlsbad
South: City of Carlsbad West: City of Carlsbad
List all other applicable permits & approvals related to this project:
Local Facilities Manaqement Plans for Zones within the CFD
2
0 0
'.. I ENVIRONMENTAL IMPACT ANALY s IS
Please Answer each of the following questions by placing a check appropriate space. Then, fully discuss and explain why each itt checked yes or no. Provide supporting data if applicable. , additional sheets as necessary.
...
- YES
1) Could the project significantly impact or change present or future land uses in the vicinity of the activity?
EXPLANATION: The c FD will finance public improvement
are already included in Local.
pap1 11 +l PC Ma-ent Plans ...
2) Could the activity affect the use of a recreational area, or area of aesthetic value? -
EXPLANATION: Creati on of the CFD will not
v Dhvsical chanqe to the environment, --
3) Could the activity affect the functioning of an establ i shed community or neighborhood?
EXPLANATION: Creation of the CFD will not affect
the funcfioninq of established communities
or rrej qhbornoods.
4) Could the activity result in the displacement of connnunfty residents? -
creation of the CFD does EXPUV(ATION: The
not involve relocztion of any existing
Land uses.
4
- YES e e
'-
- 10) Could the activity significantly affect fish, wi 1 dl i fe or pl ant resources? -
EXPLANATION: The c reation of the CFD Will
,,nt pa114~ ;1 Dhvsical chanqe in the
~n~71 rn-
Are there any rare or endangered plant or animal species in the activity area? 11)
EXPLANATION: The cre ation of the CFD does
wt lnvnlv~ direct use of the land*
12) Could the activity change existing features of any of the city's stream, lagoons, bays, or beaches?
EXPLANATION: The creation o f the CFD will
not. we a pwal c-ae in the
tidelands
nt.
13) Could the activity result in the erosion or elimin- ation of agricultural lands?
EXPLANATION: The creation of the CFD will
not cause a physical chanqe in the
environment.
14) Could the activity serve to encourage development of presently undevel oped areas or i ntensi fy develop- ment of a1 ready devel oped areas? -
EXPLANATION: The creation of the CFD will
finance projects which will serve-anticipated
qrowth.
6
XES 0 0
‘- 20) Will the activity involve construction of facilities in a flood plain?
EXPLANATION: The creation of the CFD
wl~~ nnt reauire any construction
- -
es to occur.
21) Will the activity involve construction of facilities in the area of an active fault?
EXPLANATION:
The creation of the CFD will not require
anv construction activities to occur.
-
*
22) Could the activity result in the generation of
significant amounts of dust?
EXPLANATION:
-
The creation of the CFD will
not require any construction activities
to occur.
23) Will the activity involve the burning of brush,
reation of the CFD EXPLANATION: me c
trees, or other materials? -
~111 not. -act the Dhvsical environment.
24) Could the activity result in a significant change in the quality of any portion of the region’s air or water resources? (Should note surface, ground
water, off -shore. ) -
EXPLANATION: The creationof the CFD
does not involve any physical change
to the environment.
8
- YES I- 0 0
I
29) will the project significantly increase wind or
E)(pU\NATION: The creation of the CFD
will not cause a physical change
to the environment.
- water erosion of soils?
I 30) Could the project significantly affect existing fish or wildlife habitat?
EXPLANATION: The creation of the CFD
will not cause a physical change to
the environment.
Will the project significantly produce new light or glare?
EXPLANAT I ON : The creation of the
31)
CFI) will not cause a physical change to
the environment.
10
e 0
IC I 11. STATEMENT OF NON-EIGNIFIC.4NT EF!VTXONXEI.ITA'L -EFfECTs
If you have answered yes ?o any of the questicrls in Section I but 1 the activity will have :io significant, environxctal effects, indicate reasons bel ow:
...
NO significant effects are anticipated to result from tk
formation of the CFD.
i
111. COMMENTS OK ElABORATIOtiS TG ANY OF THE QUESTIONS IN SECTION I
(If additional space is needed for answering any questions, at additional sheets as needed,)
Signature A.D. HINSHAW ASSOCIATES (Philip Hinshaw)
(Person Completing Report)
Date Signed July 9, 1990 -
1nstruct.eia LBS: 1 n
11
*, ENVIROM.IE1() IIIPACT ASSESSIIEIJT PORI@ ?ART I1
5.
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO. EIA 90-5
DATE : July 9, 1990
-.
BACKGROUND
1. CASE NAME:
2. APPLICANT: City of Carlsbad
Communi +!y Faci 1 it i es D i strict
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2075 LaS Palmas Drive
Carlsbad, CA 92009-4859
(619) 438-1161 --
4. DATE EIA FORM PART I SUBMITTED: July 9, 1990
5. PROJECT DESCRIPTION: Creation of a Community -.. Facilities Distr
-- to fund capital improvements
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires th;
conduct an Environmental Impact Assessment to determine if a project
significant effect on the environment. The Environmental Impact appears in the following pages in the form of a checklist. This
identifies any physical, biological and human factors that might be j
the proposed project and provides the City with information to use as
for deciding whether to prepare an Environmental Impact Report o
Declaration.
* A Negative Declaration may be prepared if the City perceives no s evidence that the project or any of its aspects may cause a signific on the environment. On the checklist, "NO" will be checked to ind determination.
* An EIR must be prepared if the City determines that there is s evidence that any aspect of the project may cause a sisnificant eff
environment. The project may qualify for a Negative Declaration k
adverse impacts are mitigated so that environmental effects can
insisnificant. These findings are shown in the checklist under th
I1YES-sigli and itYES-insigll respectively.
A discussion of potential impacts and the proposed mitigation measux
at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. attention should be given to discussing mitigation for impacts W otherwise be determined significant.
*, PHYSI dlR EfJVIROrlf.1EfIT 0
*I
I &@ (33 WILL THE PROPOSAL DIRECTLY OR INDIRECTLY:
1. Result in unstable earth conditions or increase the exposure of people or property
unique physical features? --
to geologic hazards?
Appreciably change the topography or any
3. Result in or be affected by erosion of soils
4. Result in changes in the deposition of beach
2.
either on or off the site? --
sands, or modification of the channel of a river or stream or the bed of the ocean or any bay, inlet or lake?
ambient air quality?
5. Result in substantial adverse effects on
6. Result in substantial changes in air movement, odor, moisture, or temperature?
water (marine, fresh or flood waters)? - --
7. Sulistantially change the course or flow of
C’
8. Affect the quantity or quality of surface
water, ground water or public water supply?
9. Substantially increase usage or cause
depletion of any natural resources?
10. Use substantial amounts of fuel or energy?
11. Alter a significant archeological,
paleontological or historical site,
structure or object?
-2-
0 IOLOGICAL EI.IVIROTII.IENT 0
1-
7% ci,ySF$
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY:
-
12. Affect the diversity of species, habitat
or numbers of any species of plants (including trees, shrubs, grass, microflora and aquatic
plants) ?
or a barrier to the normal replenishment of existing species?
13. Introduce new species of plants into an area,
14. Reduce the amount of acreage of any
agricultural crop or affect prime, unique or other farmland of state or local
importance?
15. Affect the diversity of species, habitat
or numbers of any species of animals (birds, land animals, all water dwelling organisms
and insects?
16. Introduce new species of animals into an
area, or result in a barrier to the
migration or movement of animals?
i- liUI*lAN E!.IVIRO!JHETJT
78 &$;ESP WILL THE PROPOSAL DIRECTLY OR INDIRECTLY:
17. Alter the present or planned land use
18. Substantially affect public utilities,
of an area?
schools, police, fire, emergency or Other
public services?
19. Result in the need for new or modified sewer
systems, solid waste or hazardous waste
control systems?
20. Increase existing noise levels?
21. Produce new light or glare?
-3-
0 .UI-WI EFIVIROlli.lEIlT 0
*_
6V &%?J9, WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: --
22. Involve a significant risk of an explosion or the release of hazardous substances
(including, but not limited to, oil, pesticides, chemicals or radiation)?
Substantially alter the density of the
human population of an area?
24. Affect existing housing, or create a demand for additional housing?
23.
25. Generate substantial additional traffic?
26. Affect existing parking facilities, or create a large demand for new parking?
27. Impact existing transportation systems or alter present patterns of circulation or
movement of people and/or goods?
28. Alter waterborne, rail or air traffic?
29. Increase traffic hazards to motor vehicles, bicyclists or pedestrians?
30. /Interfere with emergency response plans or - emergency evacuation plans?
31. Obstruct any scenic vista or create an aesthetically offensive public view?
32. Affect the quality or quantity of existing recreational opportunities?
-4-
EW~ ~IY FI~I~GS OF SIGHIFIC~)_~
'l
-. ki%3 ' @j,
33. Does the project have the potential
to substantially degrade the quality of the environment, substantially
life species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or animal community, reduce the number or
restrict the range of a rare or en-
dangered plant or animal, or eliminate important examples of the major periods of California history or prehistory.
reduce the habitat of a fish or wild-
34. Does the project have the potential
to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a
relatively brief, definitive period of
time while long-term impacts will
endure well into the future.)
35. Does the project have the possible
environmental effects which are in-
dividually limited but cumulatively considerable? (''Cumulatively con-
"siderable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the
effects of other current projects, and
the effects of probable future projects.)
36. Does the project have environmental effects which will cause substantial
adverse effects on human beings,
either directly or indirectly?
-5-
0 e
*-
COMMUNITY FACILITIES DISTRICT
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I1
-.
DISCUSSION OF CHECKLIST RESPONSES
The project is the proposed creation of a Community Facilit
District within the City of Carlsbad. The District is be
created in order to fund the construction of $103 million
capital projects that would otherwise have been funded from C fee programs.
These projects are located throughout the City of Carlsbad
indicated on the figures attached to the environmental imp
assessment form. These projects are proposed for funding thro a Community Facilities District because they are too large fo single developer to guarantee or fund in advance. With the Cit adopted Growth Management Plan, public facilities must be provi
concurrent with demand or no development is allowed to occur. I.
projects proposed to be funded through the District have bt identified as necessary through Local Facilities Management Pli adopted for some of the 2Rfzones which comprise the City Carlsbad. Each of the adopted Local Facilities Management Pli
underwent environmental review and Negative Declarations have bc
adopted for all of those approved. A list of the approved Lo(
Negative Declaration adopted for each is shown in Table 1.
The proposed Community Facilities District would tax undevelo] land within zones which have adopted Local Facilities Managemi Plans. These undeveloped lands will benefit from the construct.
of the projects, as construction of the projects will enal
development in accordance with the Growth Management Plan. ' proposed projects are outlined below:
1) Expanded North Carlsbad Library: The NorthCarlsbad Libr, will be remodeled and expanded from its present 24,600 squ4 feet to 32,000 square feet meeting the needs of the City the population reaches 100,000.
2) South Carlsbad Library: A 64,000 square foot library will
constructed on a six acre site at the northwest cornet of I
intersection of El Camino Real and Alga Road. This libr;
will provide enough space to meet the City's needs up tc
3) Macario Canyon Park Development: The Master Plan for 1 development of Macario Canyon Park will consider the follow. improvements: streets, utilities, community leis1 recreation needs, sports complex, open space interpret. area, parking and a maintenance facility. The suggested u: of the 288 acre plus additional leased property ai amphitheater complex, sports complex, golf course and numerc other active and passive recreation amenities. The site located south and east of Aqua Hedionda Lagoon.
Facilities Management Plans and the resolution number of 1
population of 100,000 residents.
e 0 '" ,
4) Central Maintenance and Warehouse Facility: This projc
involves the construction of Phase I1 of the Public Safety < Service Center project on Orion Way. Phase I1 includes purchasing warehouse, general offices and yard facilities . the Parks and Utilities and Maintenance Departmen' Extensive parking facilities and landscaping are to included.
5) New City Hall/Council Chambers Complex: The proposed proji involves designing and construction of a City Hall and C Council Chamber complex of approximately 96,000 square €el The location of this complex has not been determined. ! project will consolidate all administrative operations i facilities in one location.
6) Faraday Avenue Improvements: The project involves 1
installation of full width street improvements to C.
standards on Faraday Avenue from Cannon Road to the Kc Property, located north of College Boulevard.
7) Cannon Road: The project involves the construction of ( lane in each direction of Cannon Road from Paseo Del NOj east to Faraday Avenue. The segment is 6,000 linear feet i includes asphalt pavement, curb and gutter, median curbs d a half-width bridge approximately 500 feet long.
. 8) La Costa Avenue Widening: This project involves widening
Costa Avenue to a four-lane major arterial for a distance approximately 7,500 feet from Interstate 5 northbound ramps El Camino Real.
9) Leucadia Boulevard Widening: This project involves t construction of a four lane major arterial street from t existing end of Leucadia Boulevard eastward to El Camino Re;
10) Olivenhain Road Widening: This project involves the widenj of Olivenhain Road to full 6-lane prime arterial standai from El Camino Real to Rancho Santa Fe Road.
11) I-S/La Costa Avenue Interchange: This project involr widening the freeway overpass to four lanes and incluc installation of a raised median. Traffic signals will installed at the two ramp/La Costa Avenue intersections.
12) I-S/Palomar Airport Road Interchange: This project involk the widening of the freeway overpass to six lanes plus le turn lanes and a raised median. Traffic signals will installed at the two ramp/Palomar Airport Road intersectior
13) 1-5/Poinsettia Lane Interchange: This project involL widening the freeway overpass to four lanes plus left hi turn lanes and a raised median. Traffic signals will
installed at the two ramp/Poinsettia Lane intersections.
0 *.
Table 2 on the following page is a matrix which indicates 1
current status of each of the 13 projects described above. : matrix includes: permits and approvals required for each projec if any; development status; and environmental issues which may associated with the implementation of each project.
adopted for the library expansion, Also, an Environmental Imp,
currently being prepared. AS stated previously, each project wh
As noted in the matrix, a Negative Declaration has bc
Report (EIR) has been certified for the Master Plan of Maca
Park, and EIRs for the Cannon Road and Olivenhain Road projects l
is proposed for funding through the Community Facilities Distr:
will undergo its own environmental review prior to implementatic
Items 1-11. The creation of the Community Facilities Distr: will not have a significant effect on the physical environmei The matrix shown in Table 2 indicates that some of the projec proposed to be financed through the Community Facilities Distr. will involve a substantial amount of grading. However, since mc of the projects are still in the conceptual stage, the impact the physical environment cannot be determined. Each project w. undergo environmental review prior to implementation, and impac to the physical environment will be analyzed.
Items 12-16. The creation of the Community Facilities Distr.
The extent of the impact on the biological environment result] from the projects which will be funded through the Communi Facilities District is mostly unknown, as shown in Table 2. E; project will undergo environmental review prior to implementatic and impacts to the biological environment will be analyzed.
Items 17-32. The creation of the Community Facilities Distrj will not have a significant effect on the human environment. M; of the projects proposed will benefit the human environment
project will undergo environmental review prior to implementatic and impacts to the human environment will be analyzed.
will not have a significant effect on the biological environrnei
providing needed services within the City of Carlsbad. Ei
.1 e *
DISCUSSION OF ENVIRONMENTAL EVALUATION
Each of the projects proposed to be funded through Community Facilities District could have potentially signific
effects on the physical, biological and/or human environme
However, the creation of the Community Facilities District does authorize or grant approval for the construction of each proj described above. The Community Facilities District would mer provide a mechanism to fund the design and construction of
facilities, and therefore does not have any effect on the physic
biological and human environment. Each project which would
funded through the Community Facilities District will underg complete environmental review prior to implementation. significance of the effects of each project on the environn would be determined at that time.
The Community Facilities District will implement the Cit
the extent that construction of the facilities may have a grc inducing impact or cumulative impact on the environment, tl- matters were addressed in the prior environmental documents for Citywide and Local Plans. All of the facilities management pl were subject to environmental review by the City and they anal1 the environmental impacts associated with the adoption
implementation of the plans, including impacts resulting from general size, location and scope of the facilities identified
the plan. Although the specific alignments and locations of rc and other facilities were not specifically addressed at the timc
the preparation of the facilities plans, the review did address general primary and secondary environmental effects that would expected to follow from the adoption and implementation of
plan.
General Plan and the Citywide and local facilities plans. Thus,
As a general condition of approval of the various local pl~ the City has required specific environmental review of specj
facilities before the contracts for those improvements are 1 The City intends to fund that specific review by way of the ( Because the formation of the CFD and the levy of taxes and issu; of bonds could not have any significant environmental effc because the projects to be funded by the CFD were included in 1c facilities plan which did go through environmental review because the City plans to fund environmental review of spec] facilities through the CFD, a negative declaration is appropriz
0 e
6ETERMINATION (To Be Completed By The Planning Department)
-- On the basis of this initial evaluation:
- \ I find the proposed project COULD NOT have a si@cant effect on the envim
NEGATIVE DECLARATION will be prepared.
- I find that although the proposed project could have a significant effect on the enviro
will not be a significant effect in this case because the mitigation measures described or
sheet have been added to the project. A Conditional Negative Declaration will be pro]
- I hd the proposed project MAY have a significant effect on the environme
ENVIRONMENTAL IMPACT REPORT is required.
Date Signature
\
I ir
1
I * ' .'. * \*,, . ..- (1' -1 ti "; I-,; . .
Date Planning Dkeetor
LIST MITIGATING MEASURES (IF APPLICABLE)
ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE)
-8-
0 0 .-
TABLE 1
ADOPTED LOCAL FACILITIES MANAGJU$EN!L' PLANS
.-
Plan Area
2665 Zone 2 2668 Zone 5 2936 Zone 7 Zone 8 2805
2851 Zone 9 Zone 11 2710
27 11 Zone 12 Zone 14 2960
Zone 19 2698
2762 Zone 20 2780 Zone 22 Zone 24 2792
Negative Declaration Resolution Number
OllvenhainlRSF Rd U/N U/N Y U/N Y U/N U/N U /N IJ/N
Leucadia Blvd U/N U/N U/N U/N U/N U /N U/N U /N IJ /N
La Cosla Interchange N N Y U /N U /N U /N U /N IT /N 11 /N
Polnseltla lnlerchange N N N N U /N N N N N
Palomar Airport Rd lnlerchange N N U/N U/N Y U/N U/N N N
'~ti~ity MaintiWarehouse Facility U/N U/N U/N U/N U/N U/N U/N U/N U/N
0 0 p82
..T
..
TERRELL WATI', AICP PLANNING CONSULTANT
1728 UNION ST., SUITE 208
SAN FRANCISCO, CA 94123
(415) 6834643
-
% c\ \$ J
August 8, 1990
Bv Facsimile
Michael Holtzmiller, Planning Director City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009-4859
Re: Proposed Negative Declaration for the Creation of a
Mello-Roos Community Facilities District
Dear Mr. Holtzmiller:
As you are aware, this firm represents Project Future. r following comments regarding the proposed negative declaration 1 . the creation of a Mello-Roos Community Facilities District i
submitted on behalf of Project Future.
As we stated in our January 28, 1990 letter to the Mayor and C. CouncilJ Project Future believes that the proposed projc requires the preparation of an environmental impact report (E11 That letter is hereby incorporated by reference and attached '
your review. In addition to the reasons stated in the Janu letter supporting the preparation of an EIR, we believe '
negative declaration prepared for the project is inadequate in
least the following respects:
1. The document does not contain evidence to support 1
findings of no significant impacts of the project. the contrary, the negative declaration provides partial list of projects which will result from ' community facilities district financing and 1 statement that "each of the projects proposed to funded through the Community Facilities District coi have potentially significant effects on the physic; biological and/or human environrnent1l.
Among the projects listed are a number of major rf widening projects, each of which will have significi impacts upon air quality and noise, as well as groi inducing impacts. The impacts of all of the projec which will be developed as a direct result of 1 passage of this financing proposal must be analyzed
an EIR prior to approval of the project. To analyze 1 impacts of individual projects at a later date w: conceal the true magnitude of impacts associated w. the financing project.
'. 0 0 p*3
M. Holtzmiller
August 8, 1990
- Page 2
2. The negative declaration fails to adequately descrj
the proposed project. The document contains only partial list of the subsequent projects to be funded
the community facilities district (CFD) financing. Ez project to be financed by the CFD must be described the document in sufficient detail to be analyzed terms of the project specific and cumulative irnpac' In addition, the document does not adequately descr
the proposed CFD funding mechanism.
3. The negative declaration states that subsequc
environmental review of specific projects funded by * CFD will take place concurrent with individual proj4
approvals. The analysis of project related impaf must be completed now in order to demonstrate that . proposed project will not have significant environmen. effects. To our knowledge, the City has not prepa an EIR on the general plan which the proposed 1 project is said to implement. As such, reliance prior lrplan" EIR's is not adequate.
4, The negative declaration does not include a fig showing the locations and extent of proposed proje
to be financed by the CFD.
For these reasons, Project Future respectfully requests that EIR be prepared for the proposed CFD project.
Very truly yours,
Terry Watt A We
/
a a
NOVEMBER 27, 1990
TO ! CITY MANAGER
FROM : Planning Director
RESPONSE TO OBJECTION TO NEGATIVE DECLARATION/CITYWIDE MELLO I
DISTRICT
On July 9, 1990, staff prepared a Negative EnvironmeI
Declaration for the proposed Citywide Mello Roos District. documents used to prepare the Negative Declaration were draftec conjunction with input from special legal counsel and a pri\ environmental consultant hired by the City. The decision prepare a Negative Declaration was based on a thorough and deta: analysis. In summary, the primary reasons for determining th; Negative Declaration was adequate and appropriate were as follc
1. The Citywide Mello Roos District does not approve the physl
construction of any capital facility project. It is on1 particular mechanism to fund the design and constructior
the facilities, and therefore does not of itself have
effect on the physical, biological or human environment.
2. The actual construction of any of the individual facil
projects funded by the District will be required to go thrc its own separate individual environmental review.
3. The District will fund facilities which will implement General Plan and which were identified in the previous approved Citywide Facilities Plan and in adopted LC Facilities Management Plans. These documents went thrc
their own environmental review. The Citywide Mello I
District only provides a mechanism to fund the facilit
identified in previous plans.
The Negative Declaration was published on July 12, 1990 at wl
time a 30-day public review period commenced. On August 8, I< one objection to the Negative Declaration was received from Teri
Watt , representing Project Future. Staff reviewed the commf submitted by Ms.Watt and after thorough consideration determ: that there was still no substantial evidence that the formatioi the District would have a significant impact on the environr regarding the preparation of a complete Environmental Impact Rei (EIR) .
In response to Ms. Watt's letter of objection staff has following comments:
1. The letter of objection provides no factual informatior
identify specifically where the Negative Declaration prep;
by the City lacks evidence contained in them to support
findings of no significant, adverse impacts. In fact, tl
a e
City Manager November 27, 1990 Page 2
documents prepared by staff have substantial evidence
support the decision.
The objection has failed to distinguish between the fun( portion and the construction portion of the Citywide Financ
Plan. A, determination of the environmental impacts particular construction projects at this time would entirely speculative. For example, the future City 1 proj ect is not scheduled for construction for approximat ten years and no site location has been selected. Citywide Mello Roos District only provides a method to f the facility in the future. The Negative Declarat indicates that the construction of all future facil
projects financed by the District will require complc
individual environmental review. It is legally proper fc city to issue a negative declaration where the environmer review of a specific development is deferred to le
discretionary stages when the impacts are clearer.
project, which in this case is really a financial func
mechanism, "leads the City not one step closer to
ecological point of no return" (Schaeffer Land Trust v.
Jose (1989) 215 Cal.App.3d 612) since the actual construct
further and more specific environmental review when they proposed and subsequently reviewed.
3. There is no cumulative or ''growth inducing impacttv since
2.
projects and public facilities themselves will be subject
District induces nothing new but merely finances facilitiez
accommodate growth and population previously planned for the existing General Plan. The District implements General Plan, the Growth Management Plan approved by Carlsbad voters in 1986, the Citywide Facilities Plan and adopted Local Facilities Management Zone Plans, environmental effects all of which have already been addres in prior environmental documents.
4. The letter of objection incorrectly states that the Negat Declaration documents do not adequately describe or cont
figures of the projects to be funded by the District.
list of projects addressed in the Negative Declaration is same list of projects identified in the Resolution Intention for the District. or general location has already been determined, figures diagrams are provided.
For all projects where a spec;
-- 0 e
City Manager
November 27, 1990 Page 3
In summary, after a thorough and detailed review of the propc Citywide Mello Roos District and the comments received regarc the potential significant impacts on the environment, staff
determined that a Negative Declaration can be supported.
Submitted by:
L
MICHAEL J. HOLZMILLER
Planning Director
arb
‘. ,
ASSOCIATED BUILDING INDUSTRY ENGINEERING AND GENERAL CONTRACTORS ASSOCIATION OF GENERAL CONTRACTORS *” OF AMERICA SAN OIEGO COUNTY ASSOCIATION COMSTRUCTIOM INDUSIXY FEDEB.81
6336 GREENWICH DRIVE, SUITE F, SAN DIEGO, CALIFORNIA 92122 (619) 587-0292
_I_
December 11, 1990
Mayor and Members of the Carlsbad City Council
City of Carlsbad 1200 Elm Street Carlsbad, CA 92008
Honorable Mayor and City Councilmembers:
The Construction Industry Federation appreciates the opportunity to comment on the Citywide
Mello-Roos Community Facilities District (CFD) proposal.
On November 7, 1990, the CIF Legislative Committee had the good fortune to receive a
presentation on the program from your Finance Director, Mr. Jim Elliott. The information
presented was quite helpful to the Committee in its consideration of the issue. At a subsequent
meeting, the CIF Committee took the following positions in support of the CFD proposal:
0 The Carlsbad City Council is to be commended for their comprehensive approach and
thorough commitment toward ensuring that the city will be able to provide in a timely
manner those public facilities which have been planned.
The Council and City Staff deserve recognition for seeing that the inherent instability of
development impact fees as a revenue stream poses a direct conflict with a growth
management strategy that requires facilities concurrent with need but solely relies on
impact fees for funding.
burden away from impact fees and toward alternative financing strategies such as
assessment districts. And, further, that the Carlsbad Mello-Roos idea, as conceived, is a
first step toward achieving this objective.
programs for the facilities on the CFD funding list, with the understanding that such fees
will be eliminated, or reduced accordingly, if the CFD is successful.
0
0 CIF supports the Council in their objective of shifting part of the public facility financing
0 CIF supports the proposed CFD as a substitute financing vehicle for the existing fee
Additionally, CIF greatly appreciates the responsiveness and accessibility shown by the City staff.
These comments are offered by the Construction Industry Federation on behalf of the San Diego
chapters of the Associated General Contractors, the Building Industry Association, and the
Engineering and General Contractors Association.
Best regards,
Bret Vedder CIF Legislative Analyst
fiLsTfit/3~~blSB AT /J/ii/?o
OMJcrL ME’7-WG
I a
c Qizr' Q Cc e TZZRSLL WATT, AICP PUNNING CONSULTANT
1728 UNION SI'., SUITE 208
SAN FRANCISCO, CA 94123
(416, MJs-0643
-
December 11, 1990
3y Facsimile
Mayor Lewis and Members of the City Council
City of Carlsbad 1200 Carlsbad Village Drive
Carlsbad, CA 92008
Re: Approval of Community Facilities District
Dear Mayor Lewis and Members of the City Council:
This letter is submitted on behalf of Project Future. For reasons set forth in letters dated January 20, 1990 and August
1990, attached hereto as Exhibits A and B, Project Fut respectfully requests that the City Council withhold approval
the proposed Resolutions related to the Community Facilit District until the following actions have been completed:
The City has adopted an adequate General Plan upda and
An EIX has been prepared on the potential signific effects of the proposed Community Facilities Distri
Thank you for this opportunity to comment on the proposed proje
1.
2.
Very truly yours,
Terry Watt +@
cc. Roy Gorman
I
e a
a r.
0- TERRELL WATT, AICP
F'LA"1NG CONSULTANT
1728 UNION SI'., SUITE 208 SAN FRANCISCO, CA 94125
(416) S634643
-
January 20, 1990
rem
Mayor Lewis and Members of the Carlsbad City Council city of Carlsbad office of the City clerk
1200 Carlsbad Village Drive Carlsbad, CA 92008
Re: Comments on Proposed Adoption of Policy for Use
s cwnitv Services Act of 3982
Dear Mayor Lewis and Members of the City Council:
This letter is submitted on behalf of FWTURE, an organizat formed for the purpose of protecting the special qualities - Carlsbad which are rapidly disappearing. The purpose of t
letter is to apprise the City Council of the reasons why we beli the proposed policy for use of the Mello-Roos Community Servi
completed: First, an Environmental Impact Report (EIR) should prepared to address the likely significant effects of the propo policy. Second, the general plan update process should completed. Absent an adequate general plan, which contains accounting of existing and proposed future development, it is possible to demonstrate the nexus between fees exacted from 1 and development projects and the public services and facilit
they are intended to finance.
We understand the City's position, that the proposed PO3 is needed to implement the City's Growth Management Progr
However, we believe that the adoption of the policy may have n significant adverse environmental effects which must be the sub:
of an EIR. In addition, it is incumbent upon the City to expl alternatives to the Mello-Roos Act for carrying out the Grc
Management Program. Such an exploration of alternatives shoulc subject to public review in the form of an EIR. Set forth bc
are our speaif ic concerns.
Act shauld not be granted until the following actions
Ai THE PROPOSED POLICY IS A PROJECT AS DEFINED BY CEQl
We believe that the development or determination of a Me: Roos policy is a project as defined by the California Environmer
Quality Act (CEQA). The proposed policy will permit the use of Mello-Roos Community Facilities Act to assist in financing mt public facilities. Further, the policy is primarily intendec
EXHIBIT A
0 e
i t
c
I*
Mayor Lewis and City Council January 20, 1990
Page 2
apply to property which is predominantly undeveloped tu provi funding for the completion of public improvements necessary accommodate new development.
The term s8projecttt is understood to have "sweepj
Citv of Santa Ana v- Citv of Garden Grove (1979) 1 definition."
Cal.App.3d 648, 664.
There is no doubt that the proposed Mello-Roos PO1 constitutes a project pursuant to CEQA. The policy will res directly inc providing funds for the completion of pub
infrastructure which must be in place for development to ~CC In this way the policy both contributes to the funding
implementation of private projects. In addition, the policy likely to lead to more rapid growth than would otherwise occ The possible effects of the policy must be disclosed in environmental impact report.
8. AN EIR SHOULD BE PREPARED
CEQA requires that all projects which may result in one
more significant adverse environmental impacts be the subject an environmental impact report. We believe that the folloh significant adverse environmental impacts are likely to result a result of the adoption of the policy:
1. Induce substantial growth and concentration
population;
2 Extend public infrastructure with capacity to SG new development;
Facilitate the conversion of undeveloped open SI and agricultural lands prematurely to UI development; and
Lead to the degradation of lagoon water quality air quality, increases in traffic and 01 deleterious affects associated with development.
3.
4-
* e m
'L '"
4
..
Mayor Lewis and City Council January 20, 1990 Page 3
A memorandum from the Assistant City Manager to the Ci Manager attached to the proposed Mello-Roos policy describes t kind of major infrastructure project which is intended to
financed by the Mello-Roos district as follows:
llDuring the review of the proposed financing plan,
was determined that the major circulation improvemen
required as a result of the Local Facilities Manageme
Plans should also be included in the overall plan."
page 3.
In addition, the facilities which may be financed by the pl include the following: administration facilities, libraries, fl stations, SChOOlS, arterial highways, major bridges, freea interchanges, maintenance and warehouse facilities, and water E
sewer facilities, among other facilities. Each of these ma: public facilities to be financed as a direct result of the Me13
Roos policy is likely to have significant environmental impact Impacts associated with the completion of public facilitj financed by the Mello-Roos district are in addition to the impac associated with the new development served by the facilities.
To date we have not seen any environmental review documc which addresses the likely impacts associated with completion
the proposed facilities or related new development, subject to 1 Mello-Roos district. Further, we do not believe the currt general plan adequately describes the proposed infrastructt improvements or the extent of proposed new development.
C. CONCLUSION
For all of the foregoing reasons, we respectfully requc that the following actions be taken: 1) that adoption of financing policy be deferred until the approval of a lega adequate general plan so that the nexus between the plan and *
proposed facilities can be clearly demonstrated, 2) that an EIR prepared which discloses the probable effects associated w adoption of the policy and explores possible alternative financ measures to implement the growth management program.
Please provide this office notice of all upcoming meeti
and hearings concerning the proposed Mello-Roos policy. for your attention to this matter. Thank
Very truly yours, -= Terrell Watt
cc Roy Gorman, Attorney
,' ,v . e EXHIBIT B e
? t -
={ "ERREU WATT, AICP PLANNING CONSULTANT
SAN ?RAWMC€3, CA 9410
(4161 W4643
1728 UNlON m, 9UITE no -
b!$l i August 8, 1990
By Eas&l&
Michael Holtzmiller, Planning Director City of Carlsbad
Carlsbad, CA 92009-4859
2075 LaS P8haS Drive
Re: Proposed Negative Declaration for the Creation of z Mello-Roos Community Facilities District
bear Etr. Holtzmfller!
AS you are aware, this firm represents Project Future.
follovinq comments regarding the proposed negative declaration . the creation of a Hello-Roos Community Facilities District submitted on behalf of Project Future.
As we stated fn our January 28, 1990 letter to the Mayor and C Council, Project Future believes that the proposed pro: requires the preparation of an environmental inpact report (El That letter is hereby incorporated by reference and attached your review. In addition to the reasons stated in the Jam letter supporting the preparation of an EZR, we believe negative declaration prepared for the project is inadequate i1
least the following respects:
The document does not contain evidence to support findings of no significant impacts of thu project.
partial list of projects which will result Iron eomunity facilities district financing and statement that "each of the projects proposed tc funded through the Community Facilities District ct have potentially sfgnif icant ef facts on the physic biological and/or human environment".
Among the ptajects listed are a number of major I widening projects, each of which will have signifit impacts upon air quality and noise, as well as grc inducing impacts. The impacts of all of the projr which will be developed as a direct result of passage of this financing proposal must be analyzec an EIR prior to approval of the project. To analyze impacts of individual projects at a latar date o
the financing project.
1,
the contrary, tha negative declaration provider
conceal the true magnitude Of impact8 a88OCi8t8d t
L e 0 -
M. Holtzmiller August a, 1990 Page 2
2. The negative declaration fails to adequately descr the proposed project. The document contains onl: partial list of the subsequent projects to be funded
project to be financed by the CFD must b8 described the document in sufficient detail to be analyzed terms of the project specific and cumulative impac In addition, the document does not adqu%t8ly descr
3. The negative declaration states that subseqi environmental review of specific projects funded by CFD will take place concurrent with individual pro approvals. The analysis of project related imp, must be completed now in order to dsrnonstrate that proposed project will not have significant environma! efrects. To our knowledge, the City has not prep an EIR on the general plan which the proposed project is said to implement. As such, relianci srior “plan” EIR’s is not adequate.
4. The negative declaration does not include a Fb Showing the locations and extent of proposed proj to be financed by the CPD.
For these reasons, Project Future respectfully requests tha
the Community facilities district (CFD) financing. E
the proposed CFD funding mechanism6
EIR be prwared far the proposed CFD project.
Wry truly yours, *w Terry Watt
,