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Home My WebLink About1993-04-06; City Council; 12148; CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 SIMPLIFIED ANNEXATION PROCEEDINGSb a & > cz Q 2 z 0 I b a d 2 3 0 0 [f Ti AB # 12; I48 TITLE: DEP MTG. aw9.1, CITY OF CARISBAD COMMUNITY FACIIJTES CITl DEPT. FIN RECOMMENDED ACTION: Cw OF CARLSBAD - AGErQA BILL v DISTRICT NO. 1 SIMPLIFIED ANNEXATION PROCEEDINGS CITY Adopt the following Resolutions: 1. Resolution No. 9347 adopting the boundary map showing temtory proposed tc annexed in the future to Community Facilities District No. 1 Resolution No. 93-68 with Brown, Diven and Ilentschke. 2. declaring intention to annex territory in the future Commudty FacXdes Dhrkt No. 1 and approving special counsel agre ITEM FXPLANATION: Backmound The City of Carlsbad and property owners of certain vacant land in Carlsbad wor together to form the City of Carlsbad Comuniiy Facilities District (CFD) No. 1 to pro1 funding for a variety of infrastructure projects which will be necessary to meet requirements of growth management. Council formed CFD No. 1 on May 7,1991 follow an election by property owners for a special tax to be levied upon their property to fi construction or acquisition of the capital projects. The City of Carlsbad philosophy toward Community Facilities District (CFD) financinj that it should be used to finance facilities that are City-wide in obligation and benefit. CFD is not intended to relieve any property owner of the responsibility to provide fund for infrastructure improvements related to that development. Council should also note t NO homeowners in Carlsbad are affected by a CFD. Under the City's guidelines, the C tax obligation on residential units must be paid in full when the building permit is issu No homeowner will pay Mello-Roos taxes. Many Local Facilities Management Zones were not included in CFD No 1. When CFD 1 1 was formed, annexation proceedings were anticipated to occur as each zone progres through the development process. With the exception of the more developed areas, e; zone plan requires either annexation to the CFD or developer funding of all requi facilities prior to discretionary development approvals (e.g., tentative map, final map, plan, etc.). The annexation process required by former state law included a resolution of intentic public hearing, and special election each time a property owner was ready for annexati into the district. Simplified Annexation Procedure State law now allows a simplified procedure for annexation of the remaining undevelol land. The purpose of the simplified procedure is to allow development to proceed withc additional cost and time delays. Council must hold one public hearing, adopt 1 boundaries of the territory to be annexed, and hear a summarization of the capital facilit W 0 PAGE TWO OF AGENDA BILL NO. 12 I 1 Y 8 and taxing formula. Once the simplified annexation procedure is completed, pro1 owners may administratively petition to annex into CFD No. 1 without further COI action. It should be emphasized that this action will not force any property owner to annex CFD No. 1 at any time. The property owner must request and consent to annexation be joining CFD No. 1. Staff anticipates that property will annex into CFD No. 1 onl discretionary approval is required. If property owners are uncomfortable with the simplified annexation procedure, they 1 only request exclusion and their property will be removed from the annexation bounda Property excluded from the simplified annexation procedure will be able to join CFD 1 by requesting annexation through Council action and depositing funds sufficient to for the cost of the regular proceedings. A public hearing and an election will then be h a process which is estimated to take six to nine months. Boundaries The proposed boundaries of territory to be annexed into CFD No. 1 are shown in attached Exhilit "A". The boundaries shown on the map include all vacant, undevelq of Local Facilities Management Zones 1 through 4 and Zone 6. Zones 1 through 4 and Zone 6 are almost completely developed. The land has 1 subdivided, little property remains to be developed, and development is considered to be fill." Staff is recommending that these zones (see shaded area of Exhibit "A") be & from the proposed boundaries of CFD No. 1. As property develops within Zones 1 thrc 4 and 6, property owners will be required to pay full development fees which includes t fair share of the cost of capital projects financed by CFD No. 1. Summary of Facilities On December 11, 1990, Council adopted Resolution No. 90-432 declaring its intentio establish a Community Facilities District (the resolution of intention or ROI). Section the resolution set forth a description of facilities for CFD No. 1. The facilities describe that resolution are the same as the facilities to be financed by the proposed future tem or underdeveloped land within the boundaries of the City of Carlsbad with the excep of annexation and are described below: I. Public Facilities generally described as a new library facility, a major addition to existing library building, a City Hall complex, and the addition of office warehouse facilities at the public Safety Center. Park improvements generally designated as the Veterans Memorial Park (previo called Macano Canyon Park). Major street improvements in portions of the following designated public stre Faraday Avenue, Cannon Road, La Costa Avenue, Olivenhain RoaURancho Si Fe Road, and Palomar Airport Road Interchange. 11. 111. I e 0 PAGE THREE OF AGENDA BILL NO. I a, I'd 8 IV. Major bridge and overpass facilities generally described as the La Costa Intercha Poinsettia Lane Interchange, and Palomar Airport Road Interchange. No additional facilities will be necessary or provided in the proposed annexation area the facilities as described for the existing district will serve the properties within proposed annexation area. Special Taxes Section 6 of the ROI adopted on December 11, 1990, set forth the Special Tax Community Facilities District No. 1. The Special Tax in that resolution is the same a: the proposed future temtory of annexation and is shown in Exhibit "A" to the attac resolution. Exhibit "A" will allow each landowner within the proposed future temtoi annexation to clearly estimate the probable annual amount and the maximum an amount to be paid. Property to be annexed will see their maximum Special Tax escalate at the full inflatio rate until their property annexes to CFD No. 1. Exhibit "B" shows the difference in Spc Taxes for property already within the CFD and property which annexes in Ey 1992 After annexation, the maximum Special Tax will escalate at one-half the inflationary Public Hearing If Council concurs with this resolution of intention, a public hearing will be schedule( the Council meeting on May 18,1993. At that time, Council would hear public corm and consider adoption of a resolution to annex territory in the future to the existing No. 1. Environmental Concerns The anticipated listing of the California gnatcatcher by the federal government will gnatcatcher is listed as endangered or threatened, it may delay proposals to de\ property, therefore property owners may annex at a later date than anticipated. FISCAL IMPACE When CFD No. 1 was established, it was anticipated that all vacant, undevelope underdeveloped land as indicated on the attached boundary map would annex developed; thus, providing the necessary cash flow to finance the construction of the p facilities described above. The recommended actions will cause a simplification o administrative requirements of the developer upon their request for annexation to CFI 1. The Special Tax formulas, the facilities to be financed, the parcels expected to annei the point at which annexation is required would not be affected by the adoption o simplified procedures. If any property owner would prefer to be excluded from the use of these simp annexation boundaries. If they later request annexation, they would be required to pa affect the annexation proceedings being considered by Council at this time. If procedures, they may request exclusion and their property will be removed fron 0 0 PAGE FOUR OF AGENDA BILL NO. 'a, tY % full cost and wait the required time limits imposed by the regular annexation procedi which include a public hearing and an election. Legal services in connection with these proceedings will be provided by the law finr Brown, Diven & Hentschke for a fee not to exceed $3,500. This firm is the same one 1 was employed by the City during the initial formation of CFD No. 1 and, therefore, is in best position to assist us with these changes. Payment will be made from the special tz collected within CFD No. 1. EXHIBITS: 1. Exhibit "A", Boundary Map of Territory for Future Annexation, Community Facili District No. 1. 1. Exhibit "B", 1992-93 CFD No. 1 special tax rates for established and annexa property. 3. Resolution No. 93-19 7 , adopting boundary map showing territory proposed tc annexed in the future. 4. Resolution No. 93-b6- , declaring intention to annex territory in the future approving special counsel agreement With Brown, Diven and Hentschke. fiMrnL1 --E-- - BOUNDARY MAP TERRITORY FOR FUTURE ANNEXATION COMMUNITY FACILITIES DISTRICT NO. 1 CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA IT 1s INTENDED THAT ALL VACANT. UNDEVELOPED. OR UNDERDEVELOPED LAND WITHIN THE BOUNDARIES OF THE CITY OF CARLSBAD WITH THE EXCEPTION OF THE SHADED AREA SHOWN (LOCAL FACILITY MANAGEMENT ZONES 1. 2. 3. 4, & 61 WILL BE ANNEXED TO THIS COMMUNITY FACILITIES DISTRICT WITH THE FIRST DISCRETIONARY APPROVAL OTHER THAN A MASTER PLAN OR SPECIFIC PLAN. PACIFIC OCEAN LEGENO MANAGEMENT ZONE ”.,., BOUNDARY OF LOCAL FACILITY MANAGEMEM ZONE FUTURE ANNEXATION - BOUNDARY AREA NOT SUBJECT TO - mn ANNEXATION FILED THIS __ DAY OF , 1993 AT THE HOUR OF - IN BOOK PAGE -, DOCUMENT NO. - OF COMMUNITY FACILITIES ~TS IN THE OFFICE OF THE COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. ANNETTE EVANS COUNTY RECORDER BY: DEPUTY COUNTY RECORDER FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF CARLSBAD THIS -DAY OF I 1993. CITY CLERK OF THE CITY OF CARLSBAD I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING BOUNDARlES OF COMMUNITY FACILITIES DISTRICT NO. 1 CITY OF CARLSBAD. WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF CARLSBAD. STATE OF CALIFORNIA. AT A REGULAR MEETING HELD ON THE __ .DAY OF ADOPTION OF RESOLUTION NO. NORTH , 1993 BY THE CITY CLERK OF THE CITY OF CARLSBAD PA( RESIDENTIAL UNDEVELOPED LAND USE: RESIDENTIAL LOW (RL) RESIDENTIAL LOW MEDIUM (RLM) RESIDENTIAL MEDIUM (RM) RESIDENTIAL MEDIUM HIGH (RMH) RESIDENTIAL HIGH (RH) PER NETACRE PER NE $289.43 795.1 6 1,332.82 2,043.52 2,876.79 I 1 I 1 NON-RESIDENTIAL UNDEVELOPED LAND USE: COMMERCIAL PROPERTY INDUSTRIAL PROPERTY AGRICULTURAL PROPERTY PER NETACRE PER NE $2,472.00 $: 1,236.00 0.00 RESIDENTIAL PROPERTY UNDEVELOPED LAND USE: RESIDENTIAL LOW (RL) RESlDENTlAL LOW MEDIUM (RLM) RESIDENTIAL MEDIUM (RM) RESIDENTIAL MEDIUM HIGH (RMH) RESIDENTIAL HIGH (RH) PER NET ACRE PER NE $285.31 ( 782.80 1,253.51 1 2,821.1 7 2 1,924,04 1 NON-RESIDENTIAL UNDEVELOPED LAND USE: COMMERCIAL PROPERTY INDUSTRIAL PROPERTY AGRICULTURAL PROPERTY PER NETACRE PER NE $1,648.00 $1 988.80 1 0.00 RESIDENTIAL DEVELOPED LAND USE: RL (0 - 1.5 DU/AC) RLM (1.51 TO 4.0 DU/AC) RM (4.1 TO 8.0 DU/AC) RMH (8.1 TO 15.0 DU/AC) RH (1 5.1 TO 23.0 DU/AC) PER DU PERDU $3,950.05 $4,065.1( 3,950.05 4,065.1 ( 2,381.36 2,450.7: 2,381.36 2,450.7: BE 2,381.36 2,450.7: PER DU PERDU 54,585.56 $4,719.12 4,585.56 4,719.1 2 2,894.30 2,978.60 2,894.30 2,978.60 2,894.30 2,978.60 EXHIBIT "B" LAW OFFICES e BROWN, DIVEN & HENTSCHKE F. MACKENZIE BROWN* NEWPORT BE, WARREN B DIVEN SAN DIEGO, CALIFORNIA 92130 Los ANG ROBERT E. HESELL FAX 259-0292 12770 HIGH BLUFF DRIVE, SUITE 240 LIANIEL s. HENTSCHKE (619) 456-1915 'A 11101 TSSONAL COIIPOI1ATION March 5, 1993 Jim Elliott, Financial Management Director City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 91008 RE: SPECIAL COUNSEL AGREEMENT COMMUNITY FACILITIES DISTRICT NO. 1 FUTURE ANNEXATIONS Dear Jim: This letter will act as a proposal and agreement to provide legal servic City in connection with the proceedings for FUTURE ANNEXATIONS to a Facilities District known and designated as "CITY OF CARLSBAD, COMMUNITY I; DISTRICT NO. 1" (the "District"). The services under this Agreement shall generally be the following: 1. Preparation of all necessary Resolutions, Ordinances, notices and 0th and documents required in the proceedings; 2. Examination of the proceedings, step by step as taken: 3. Appear at the hearing required under the proceedings, and attend ar where such attendance is required; 4. Review and examine the map showing the area and boundaries of the tei be annexed; 5. Assist in the consent and election administration, as necessa requested by the City; 6. Instruction and advice in connection with any of the foregoing; 7. Any and all other customary services relating to the future annexatiol ings €or the original District. Counsel shall be paid a flat fee of $3,500.00, for services to be rendere to this Agreement, such sum due and payable upon the conclusion of t hearing. In the event the proceedings are terminated or abandoned pric time, Counsel shall be paid a reasonable fee €or services rendered to d: exceed $1,500.00. w E)13IIBIT "B" CONT Jim Elliott, Financial Management Director City of Carlsbad March 5, 1993 Page Two Counsel shall pay all ordinary out-of-pocket expenses incurred, including telephone and copying expenses. The City will be billed by Counsel for 0- delivery services and/or messenger services. The City agrees to furnish Counsel with reports and other documents preparec City as they are available and required by Counsel in the performance services. This Agreement may be terminated by either party hereto by mailing written nc such termination to the other party. Upon acceptance of this proposal and agreement by the City, it is requestec copy be executed in the space provided below and returned to this office. We look forward to working with the City and staff on the future an proceedings. FMB : bd APPROVED BY THE CITY OF CARLSBAD THIS 6th DAY OF APRIL , 1993. tanton, wayor Pro Tern . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 93 - 67 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD , CALIFORNIA, ADOPTING BOUNDARY MAP SHOWING TERRITORY PROPOSED TO BE ANNEXED IN THE FTJTURE TO AN EXISTING COMMUNITY FACILITIES DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF CA CALIFORNIA, (hereinafter referred to as the "legislative the local Agency"), desires to annex territory to an Community Facilities District pursuant to the terms anc sions of the "Mello-Roos Community Facilities Act of being Chapter 2.5, Part 1, Division 2, Title 5 of the Go Code of the State of California, and specifically Artj thereof. The existing Community Facilities District t designated as COMMUNITY FACILITIES DISTRICT NO. 1 (her referred to as the "District"); and, WHEREAS, there has been submitted a map show territory proposed to be annexed in the future to the Community Facilities District, said area to be desigi COMMUNITY FACILITIES DISTRICT NO. 1 (FUTURE ANNEXATI( (hereinafter referred to as the "Future Annexation Area") NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all . correct. SECTION 2. That the map showing the property and t proposed to be annexed in the future to an existing C Facilities District and to be subject to a special tz levied is hereby apDroved and adopted. Said map is de by the name of the existing District and further desig Future Annexation Area. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 0 a SECTION 3. A certificate shall be endorsed original and on at least one (1) copy of the map of the Annexation Area, evidencing the date and adoption Resolution, and within fifteen (15) days after the adOF the Resolution fixing the time and place of the hearing intention to annex in the future, a copy of said map c filed with the correct and proper endorsements thereon P County Recorder, all in the manner and form provided Section 3111 of the Streets and Highways Code of the S California. PASSED, APPROVED AND ADOPTED at a regular meeting carlsbad City Council held on the 6th day of APRIL 1993, by the following vote, to wit: AYES : Council Members Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: Council Member Le ATTEST: - QdXLJg- ALETHA L. RAUTENKRANZ, City C (SEAL) I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 0 0 RESOLUTION NO. 93-68 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING INTENTION TO ANNEX TERRITORY IN THE FUTURE TO AN EXISTING COMMUNITY FACILITIES DISTRICT WHEREAS, the City Council of the City of Carlsbad, Californi (hereinafter referred to as the "legislative body of the local Agency"), at this time desirous to provide the authorization to annex territory in the future to an existix Community Facilities District pursuant to the terms and provisions of the "Me1 Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Til 5 of the Government Code of the State of California, and specifically Article 2 thereof. Community Facilities District No. 1 (hereinafter referred to as the "District"); an WHEREAS, it is determined to be within the best public interest a convenience to establish a procedure to allow and provide for future annexatia to the existing District and further to specify the amount of special taxes that WOI be levied and set forth the terms and conditions for certification of any annexati The existing Community Facilities District has been designated I.8 19 20 21 22 23 24 25 26 27 28 in the future; and I ! WHEREAS, the area proposed to be annexed in the future shall known and designated as Community Facilities District No. 1 (Future Annexat Area) (hereinafter referred to as the "Future Annexation Area"), and a map show the territory of the proposed area to be annexed in the future has been submin which said map is hereby approved and a copy of said map shall be kept on file u the transcript of these proceedings. /// /// 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 NOW, THEREFORE, BE IT RESOLVED by the City Council of the Cit of Carlsbad, California, as follows: RECITALS SECTION 1. That the above recitals are all true and correct. AUTHORIZATIONS SECTION 2. That these proceedings for future annexations a authorized and initiated by this legislative body pursuant to the authorization ( Section 53339.2 of the Government Code of the State of California. PUBLIC CONVENIENCE AND NECESSITY SECTION 3. That this legislative body hereby determines that the pub1 convenience and necessity requires a procedure to allow and authorize territory be annexed in the future to the existing Community Facilities District in order to pi the costs and expenses for the required and authorized public facilities. BOUNDARIES SECTION 4. A general description of the temtory included in t existing District is hereinafter described as follows: All that property and territory as previously includ within the original Community Facilities District, as said properly was shown 01 map as approved by this legislative body designated by the name of the on@ existing Community Facilities District, a copy of which is on file in the Office of 1 City Clerk, as well as a copy being on file in the Office of the County Recorder. A description of the boundaries and territory proposed , j be annexed in the future is as follows: All that property and territory proposed to be annexed the future to the existing Community Facilities District, as said property is shown /// ’- h 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 e 0 a map as previously approved by this legislative body, said map identified by tf name of the existing Commudty FacXdes Distrkt and further desi-ated as Futw Annexation Area, a copy of which is on file in the Office of the City Clerk and she remain open for public inspection. Future annexation proceedings can only I completed with the unanimous approval of the owner or owners of any parc proposed for final annexation. NAME OF DISTRICT SECTION 5. The name of the existing Community Facilities District Community Facilities District No. 1, and the designation for the Future Annexatii Area shall be Community Facilities District No, 1 (Future Annexation Area), FACILITIES SECTION 6. That the types of public facilities provided in the e& District are those described as follows: I. Public facilities generally descnied as a new hiri facility? a major addition to an existing library building, a City Hall complex, and 1 addition of office and warehouse facilities at the public safety center. 11. Park improvements generally designated as the Maca 1 1 Canyon Park. 111. Major street improvements in portions of the follow designated public streets: Faraday Avenue, Cannon Road, La Costa Aven Olivenhain RoaURancho Santa Fe Road and Leucadia Boulevard. N. Major bridge and overpass facilities gener described as the La Costa Interchange, Poinsettia Lane Interchange and Pal01 Airport Road Interchange. /// /// c 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 I.8 19 20 21 22 23 24 25 26 27 28 0 0 No additional facilities will be necessary or provided in thc Future Annexation Area and the facilities as descnied for the existing District wil serve the properties within the Future Annexation Area. SPECIAL TAXES SECTION 7. It is the intention of this legislative body that, exceF where funds are otherwise available, a special tax sufficient to pay for said facilitie to be provided in the Future Annexation Area, secured by recordation of continuing lien against all non-exempt real property in the Future Annexation Are: will be levied annually within the boundaries of the Future Annexation Area. Fc particulars as to the rate and method of apportionment of the proposed special ta reference is made to the attached and incorporated Exhilit "A", which sets forth sufficient detail the method of apportionment to allow each landowner or reside: Within the Future Annexation Area to clearly estimate the m&um amount th said person will have to pay on said special tax. This legislative body further authorizes that special tax to pay for capital facilities may be prepaid and satisfied by the payment of tl maximum present value of the special tax and all details and particulars applicable for the original District shall be applicable for the Future Annexatit Area. I I The proposed special taxes shall be collected in the sa manner as ad valorem property taxes and shall be subject to the same penalti procedure, sale and lien priority in any case of delinquency as applicable for valorem taxes; however, as applicable, this legislative body may establish and adc an alternate or supplemental procedure as necessary. /// /// I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 a EFFECTIVE DATE SECTION 8. Annexation of property in the future shall be effectii upon the unanimous approval of the owner or owners of parcels at the time tl parcel is annexed, and no further public hearings or additional proceedings will 1 required. PUBLIC HEARING SECTION 9. NOTICE IS GIVEN THAT ON THE 18TH DAY OF MA 1993, AT THE HOUR OF 6:OO O'CLOCK P.M., IN THE REGULAR MEETING PLA( OF WE LEGISLATIVE BODY, BEING WE COUNCIL CHAMBERS, CITY HAU, PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WI CONSIDER THE ANNEXATION OF CERTAIN TERRITORY IN THE FUTURE TO TI EXISTING COMMUNITY FACILITIES DISTRICT, THE PROPOSED METHOD AF APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN SAID PROPOSI FUTURE ANNEXATION AREA, AND ALL OTHER MATTERS AS SET FORTH IN TI- RESOLUTION OF INTENTION. ANY INTERESTED PERSONS MAY APPEAR AND HEARD, AND WRITTEN PROTESTS SHALL BE FILED ON OR BEFORE THE TI1 FIXED FOR THE PUBLIC HEARING, NOTICE I SECTION 10. That notice of the time and place of the public hear shall be given by the City Clerk in the following manner: A. A Notice of Public Hearing shall be published in legally designated newspaper of general circulation, being The Carlsbad Sun, s publication pursuant to Section 6061 of the Government Code, with said publicat to be completed at least seven (7) days prior to the date set for the public heari /// /// -* h 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 0 e SECTION 11. That the Special Counsel Agreement submitted herewit (Exhibit "B") by Brown, Diven and Hentschke, Attorneys at Law, to provide leg services in connection with the conduct of these proceedings is hereby accepted an approved for execution. PASSED, APPROVED AND ADOPTED at a regular meeting of the Cil Council on the 6th day of APRIL J 1993, by the following vote, to wit: AYES: Council Members Stanton, Kulchin, Nygaard, Finn NOES: None ABSENT: Council Member 1 ATTEST: (SEAL) QQd. Re! ALETHA L. RAUTENKRANZ, city clera I I ! 4 5 % 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 0 0 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 EXHIBIT "A" PROPERTY CATEGORIES AND MAXIMUM TAX All taxable property within the boundaries of the Future tion Area shall be subject to ANNUAL SPECIAL TAXES as apl based upon the rates as established for the orignial Cc Facilities District No. 1 and further based upon the 1 categories, maximum tax rates, increases and status issuance of building permits, all as hereinafter set Improvement Area I refers to all properties within the ries of the City of Carlsbad Bridge and Thoroughfare D Improvement Area I1 is for all remaining properties wit Community Facilities District, not within the Bridge & T' fare District. RESIDENTIAL PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable property prior to the issuance of a buildin shall be subject to the following maximum annual specia subject to increases as set forth herein: MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PRO PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/19 IMPROVEMENT IMPROVEME PROPERTY CATEGORY AREA I AREA I Residential Low $ 281.00 $ 277.0 Residential Low to Medium 772.00 760.C Residential Medium 1,294.00 1,217.C Residential Medium to High 1 , 984.00 1,868 .C 2,739. C Residential High 2 , 793 .oo SPECIAL DEVELOPMENT TAX - ONE TIME Upon the issuance of a building permit, all Residentia: ties shall be subject to the following described SPECIAL MENT TAX - ONE TIME, also subject to increases as s herein, as follows: 4 a I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 -1 6 17 1s 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" CO": 0 e MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME P1 RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 19' IMPROVEMENT IMPROVEME PROPERTY CATEGORY AREA r 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 .o 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 f maximum annual special taxes, also subject to increaser forth herein: MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PR PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1 IMPROVEMENT IMPROVEME AREA I AREA I $ 1,600.0 960.C -0- Commercial Property $ 2,400.00 1,200.00 Industrial Property Agricultural Property -0- All Commercial and Industrial Property, upon the issua building permit, shall have the option to (1) pay the DEVELOPMENT TAX - ONE TIME or (2) assume the ANNUAL SPE - DEVELOPED PROPERTY for a period of not to exceed tw6 (25) years, generally in the amounts per property cat follows: MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOI YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA PROPERTY CATEGORY I MPROVEl IMPROVEMENT COMMERCIAL USE DESIGNATIONS AREA I AREA $ 7. Restaurant - Fast Food $ 28.46 Outdoor Tennis Courts 28.14 7. Convenience Market 27.31 6. Bank with Drive-thru 18.06 5. Campground 17.51 4. Restaurant - Sit Down 15.17 4. A % * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" CONTI 0 e 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 cot and Industrial Property categories as set forth above amount applicable and annually adjusted for each Fiscal YI ANNUAL TAX INCREASE The above SPECIAL TAXES €or the taxable properties are able for the fiscal year 1990/91, and are all subject ti increases to reflect increases in construction cost Construction Cost Index of the Engineering News-Record, "ENR Cost Indexes in 22 Cities" will be used. Tt published for the month of April for the City of Los under the column heading of "Percentage Change from La1 will annually inflate each of the Maximum Annual Taxes 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 b charged and facilities funded and/or guaranteed, and the DEVELOPMENT TAX - ONE TIME has been paid; however, th SPECIAL TAX - DEVELOPED PROPERTY shall not be levic 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 F property no longer will be subject to any annual special Commercial & Industrial: The Commercial and Industrial properties, upon the issuz building permit, have the option to (I) pay the SPECIAL MENT TAX - ONE TIME or (2) assume the ANNUAL SPECI. DEVELOPED PROPERTY, as set forth above. Upon the is$ any building permit, no further increase or escal authorized. L i 7 B. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 EXHIBIT "A" CW: 0 IMPROVEMENT IMPROVEM AREA I COMMERCIAL USE DESIGNATIONS AREA I Marina 14.85 4.4 Bank - Walk In 12.83 4.6 Auto - Gasoline 8.11 2.8 Grocery Store 7.78 2.5 S 6( L with Drive-thru 7.59 3.4 Bowling Center 6.63 2.8 Restaurant - ~uality 6.57 3.0 Neighborhood Shopping Center 6.46 2.2 Auto Car Wash 6.31 2.5 S 6 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 3.1 Hotel - Conv. Fac/Comm. 3.47 2.5 Auto - Repair & Sales 3.41 1.5 Regional Shopping Center 3.35 1.6 Discount Store 3.22 1.5 Golf Course 3.06 2.1 Church 2.99 1.9 Office - Government 2.93 1.8 Commercial Shops 2.90 1.5 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.; Lumber/Hardware Store 2.47 1. E Hospital - Convalescent 2.33 2.; Indoor Sports Arena 2.33 2.: Resort Hotel 2.30 l.! University 2.26 1.1 Junior College 2.19 1.5 All other Commercial Properties 2.14 1.i Office - Medical 2.42 2.c not indentified above IMPROVE1 AREA IMPROVEMENT INDUSTRIAL USE DESIGNATIONS AREA I 3.1 Heliports $ 10.63 $ Industrial-Commercia1 Business Park 2.14 1. All other Industriai Properties not identified above 1 - 74 1. > i # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 23. 22 23 24 25 26 27 28 0 ExHLBIT "A" CClK 0 ALLOCATION OF COST AND TAX Total capital costs for all authorized facilities s allocated as follows: 65% to Residential property, Commercial & Industrial property. The above costs excluc of issuance as needed. Residential property shall be taxed in an amount suffic meet the 65% share of facilities, which tax will ineluc of issuance, interest and other costs, including sinkj payments for future construction as applicable. commercial & Industrial property shall be taxed in ar sufficient to meet the 35% share of facilities, which include costs of issuance, interest and other costs, i sinking fund payments for future construction as applicab COLLECTIOF 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 f0 capital facilities. FIRST: Reduce this amount by t collected from Special Development Tax - One Time levied residential properties. SECOND: The remaining funds ne to be collected by the levy of the annual Specia Undeveloped Property on undeveloped taxable residential in the proportional amounts for each property cat 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 CL future public capital facilities. FIRST: Reduce this i the funds collected from Special Development Tax - One annual Special Tax - Developed Property levied against cial and industrial properties. SECOND: Levy tk Special Tax - Undeveloped Property on undeveloped taxabl cial and industrial acreage in the proportional amounts property category as required, not to exceed the maximum ***