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Home My WebLink About1994-06-07; City Council; 12722; COMMUNITY FACILITIES DISTRICT NO. 1 ANNEXATION NO. 2 - CARLSBAD TRACT NO. CT 93-03/CP 93-02, POINSETTIA HILLE aJ w .rl g 0 5 6 a z 3 0 0 Annexation No. 2 - Poinsettia Hill As a condition of approval for CT 93-03, the Poinsettia Hill project is required to annex CFD No. 1. The applicant, Poinsettia Hill Limited, has completed the required Consent Election to Annex Property into CFD No. 1 (Exhibit 1) and accepted the boundary showing the proposed area to be annexed (Exhibit 2). Council may formally authorize the annexation by certifying and adding the property the original Community Facilities District. After Council authorization, a Notic1 Annexation (Exhibit 3) will be filed with the County Recorder as a lien against the prop I 0 0 PAGE TWO OF AGENDA BILL NO. /?, 7m FISCAL IMPACE When CFD No, 1 was established, it was anticipated that all vacant, undeveloped underdeveloped land would annex as it developed, thus providing the necessary cash fla to finance the construction of certain public facilities. Poinsettia Hill is the second prope to request annexation into CFD No. 1 in order to fulfill its growth management obligatil Through the use of the simplified annexation procedure, both the City and the owner able to avoid election costs and additional time delays. A fee of $480 to cover annexat processing, map preparation, and filing costs is currently being charged. Poinsettia Hill property will be subject to CFD No. 1 special taxes beginning in fiscal y 1994-95. The rates for property annexed in fiscal year 1993-94 are shown in Exhibii Since Poinsettia Hill is developing as residential property, the maximum annual tax wil approximately $1,400 per developable acre; the special tax will continue as long as property remains undeveloped. At current tax rates, the Poinsettia Hill special taxes estimated to generate $50,000 annually. Upon development, the owner must immediately pay off the CFD. Poinsettia Hil proposing 184 residential units which would provide approximately $550,000 in spe development one-time tax to be collected as building permits are issued. EXHIBITS: 1. Consent and Election to Annex Real Property to an Existing Community Facil District. 2. Boundary Map of the area to be annexed. 3. Notice of Annexation. 4. Resolution No. 9 q-1 ql ce-g and adding property to an existing CFD. 5. Community Facilities District No. 1 1993-94 tax rates. 0 e EXHlBr WNS~ FWD EL;BCTXO# TO ARRTEX REAL PRdpERTY TD AN EXZ6TING OOMMUNITY FACXLITXBO DZGTnSCT CITY OF CARLSEAD COHMUNXTY FACXLXTfES OXSTRICT NO- 1 TO: LEGTSZATIVE BODY COMMUNITY FACILITIES DISTRICT NO. I 1. The undersigned ia the owner, or the duly authorized representatrve t owner, of the property as shown On the attached map (the Wwnern), and appropriate person with legal authorization to sign this Consent, v election to annex property to the District. 2, The mner is aware of and understands the following: A. The City of Carlsbad hafa conducted proceedingr pursuant to the "Me: Community PacilitLes Act of 1982- (Gwernmont Code 553311 and fa (the "Act") to form a conanunity facilitiem diotrict known and derig COMMUNITY FACILITIES DISTRICT PO. I (the "District") for purposes contatruction, inotallation and financing of majox public capital fa to Oefve and benefit properties within thc boundaries of the District B. Proceedings have also been authorized to allow annexation of propert future to said DiStZicti however, any future annexation is conditio the unanimous conamt of the owner or ~wnozs of each parcel or pa the time the time of the gragosed annexation. C. That the Owez io the mer of property aubjoet to anne%ation am 5 is shown on a map attached hereto, referenced and incorporated, m: designated as the ANNEXED AREA. THE UHDERSXGEED DOES HEREBY CERTIFY ZMDER PEHALTY OF PER3uRY AS FOLhWS: 3. The Owner does consant to and approve the annoxation of the Annexed Ar District without any additional further public hearing8 and- without an election requirements- or initiata legal proceedings challenging tbr validity of the following: - - Proceedings to annex property in the future - The Owner further wsiwa the right: to protest, Proceedings for the formation of the Dirtrict SpcciFfe annexation proceedings for the Annexed Area 4. The Owner specifically authorizes the ley of the previously approvr taxea on all properties within the boundaries of the Annexed Area to p authorized public capital facilities and/or to rssist in the payment indebtedness of the Camunity Facilities District. 20 'd S33IAW IWILINWNIJ IWGI SI :91 4 db *? f 1993 in# a /&.I,./, californr; EXECUTED thie 9 Y of a w. s/.i*r,r rCprint name of oignor) h (~yps or print name of signor) (Signature) State of Califormu On :/&+Yefor Houck, Notary Public, personally appeared County of &E h.y IC), so /€.e5 --4 - roved to me on the basis of satisfactory evidence to be the person(s) w name(@ 1 are subscribed to the 'thin instrument and acknowledged to me tha e/ dthey & executed the same inaedtheir authorized capacity(ies),and that b & er/their signa- turds) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. L Signature of Notary Public. Title or Type of Document W*ZF*>%Qiq3J .I Dated & y / ' This certificate is attached to the ollowing c)ocument: S33Ih43S IWI3MId 1" w91 €0 'd 0 e CERTIFICATION OF PROJECT MANAGER The undersigned is the duly appointed and acting PROJECT MANAGER j the proceedings relating to the annexation of property to i , 19 ?1(, I did review 1 signatures as '3 contained day Of on the + NSE~ AND ELECTION TO ANNEX R1 That on the PROPERTY TO AN EXISTING COMMUNITY FACILITIES DISTRICT, and herc certify and state as follows: 1. That I caused said Consent and Election to be examined, and examination revealed that said Consent and Election had bl signed by all qualified electors of the property proposed to annexed to the District or their duly authorized representativ and that said persons were the authorized persons to sign behalf of the owners or the property within the boundaries of territory proposed to be annexed to the District. District. 2. That said Consent and Election did contain the signatu representing 100% of all of the qualified electors within property proposed to be annexed to the District. EXECUTED this /d day oi /c/7ac/ I 19 P#~ at Carlsb California. / -- I"I FINANCIAL SERVICESl I +A- BARBARA HALE-CAF ADMINISTRATOR - CFD E ;P- CHERYL E./ALLEN, ASST. FINANCE DIRE( CARLSBAD, CALIF0 PROJECT MAN, __ _-_ - - - I I I I I I I I I I I I I I I I I I I I I I --4 I I I I I I I I I I I I I I --- Fi 2 --- 1 3 * 2 --_ 0 I I I I EXHIBIT e I. WHEN RECORDED, RETURN TO: .CITY CLERK CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 AMENDMENT TO TRE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) Pursuant to the requirements of Section 3117.5 of the Streets and Highways CC Section 53339.8 of the Government Code, the undersigned CITY CLERK of the 1( tive body Of the CITY OF CARLSBAD, COMMUNITY FACILITIES DISTRICT NO. 1, ANN; NO. 2, STATE OF CALIFORNIA, HEREBY GIVES NOTICE that a lien is hereby impc secure payment of a special tax which the City Council of the City of Ca County of San Diego, State of California, is authorized to annually levy i following purpose: To pay for certain public capital facilities, including the payment principal and interest on bonds, said facilities generally described the construction and installation or purchase of the following: I. Public facilities generally described as a r library facility, a major addition to an existing library building, a Cj Hall complex, and the addition of office and warehouse facilities at t public safety center. 11. Park improvements. generally designated as MACARIO CANYON PARK. 111. Major street improvements in portions of the folll ing designated public streets: FARADAY AVENUE, CANNON ROAD, LA CO AVENUE, OLIVENHAIN ROAD/RANCHO SANTA FE ROAD and LEUCADIA BOULEVARD. IV. Major bridge and overpass facilities genera described as the LA COSTA INTERCHANGE, POINSETTIA LANE INTERCHANGE PALOMAR AIRPORT ROAD INTERCHANGE. The special tax i8 authorized to be levied within Community Facilities Dist 1, Annexation No. &, which has now been officially formed, and the lie special tax is a continuing lien which shall secure each annual levy of thc tax and which shall continue in force and effect until the special tax obli? prepaid, permanently satisfied and cancelled in accordance with law or t- special tax ceases to be levied and a notice of cessation of special tax is in accordance with Section 53330.5 of the Government Code. The rate and method of apportionment of the authorized special tax is as the attached, referenced and incorporated Exhibit "A", and the special tax collected in the same manner.as ordinary ad valorem property taxes are coll shall be subject to the same penalties and the same procedure, sale priority in case of delinquency as is provided for ad valorem taxes. C under which the obligation to pay the special tax may be prepaid and p€ satisfied and the lien of the special tax cancelled are as follows: 0 0 Any special tax for public capital facilities may be prepaid ar satisfied by the payment of the maximum present value of the special ta obligation. Notice is further given that upon the recording of this notice in the Office County Recorder, the obligation to pay the special tax levy shall become a lit all non-exempt real property within the District in accordance with Section of the Streets and Highways Code. The names of the owner(s) of the real property included within the Coi Facilities District as they appear on the last secured assessment roll as date of recording of this Notice and the Assessor's tax parcel(s) numbers parcels or any portion thereof which are included within said territori annexed to this Community Facilities District are as set forth on the at referenced and incorporated Exhibit "B" . Reference is made to the following: 1. Boundary map of the original Community Facilities District recorded c;7L(/ l Page 56 , Document No. ?0-67+//8 , Maps of Assessm Community Facilities Districts in the Office of the County Recorder County of San Diego, State of California. Boundary map of the Future Annexation Area District recorded at Book - d Page a/ , Document NO. 73-2-2d143 , Maps of Assessment and C Facilities Districts in the Office of the County Recorder for the Count: Diego, State of California. 2. 3. Boundary map of the Annexation Area No. recorded at Book l Document No. , Maps of Assessment and Community ties Districts in the Office of the County Recorder for the County of S: State of California. For further information concerning the current and estimated future tax liak owners or purchasers of real property subject to this special tax lien, ir persona should contact the following designated person: FINANCE DIRECTOR CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 TELEPHONE : ( 619 ) 94- 286 7 DATED 2 CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA 0 e CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 EXHIBIT 'A" PROPERTY CATEGORIES AND MAXIMUM TAX All taxable property within the boundaries of the Future Annexa- tion Area sk subject to ANNUAL SPECIAL TAXES as applicable based upon the rates as estal for the original Community Facilities District No. 1 and further based UF property categories, maximum tax rates, increases and status of the issua building permits, all as hereinafter set forth. Improvement Area I refers properties within the boundaries of the City of Carlsbad Bridge and Thorc District. Improvement Area I1 is €or all remaining properties within the Cc Facilities District, not within the Bridge & Thoroughfare District. RESIDENTIAL PROPgRTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable property prior to the issuance of a building permit shall be 6U1 the following maximum annual special taxes, subject to increases as 88 herein : MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT PROPERTY CATEGORY AREA I AREA I1 Residential Low $ 281.00 $ 277.00 Residential Low to Medium 772.00 760.00 Residential Medium 1,294 .OO 1,217.00 Residential Medium to High 1,984.00 1 , 868.00 Residential High 2,793 .OO 2 I 739.00 SPECIAL DEVELOPMENT TAX - ONE TIM Upon the issuance of a building permit, all Residential properties shall bi to the following described SPECIAL DEVELOPMENT TAX - ONE TIME, also SI increases as sat forth herein, as follows: MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT PROPERTY CATEGORY AREA I AREA I1 Residential Low $ 4,452.00 $ 3,835.00 Residential Low to Medium 4,452 -00 3 I 835 .OO Residential Medium 2,810.00 2,312.00 Residential Medium to High 2,810.00 2,312.00 Residential High 2 , 810.00 2,312.00 e e COHMERCIAL, INDUSTRIAL AND OTHER PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable Commercial and Industrial Property prior to the issuance of a bL permit shall be subject to the following maximum annual special taxes, also 5 to increases as set forth herein: MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT 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 issuance of a building shall have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY for a period of not tc twenty-five (25) years, generally in the amounts per property category as fol: MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA PROPERTY CATEGORY IMPROVEMENT IMPROVEMENT COMMERCIAL USE DESIGNATIONS AREA I AREA I1 Restaurant - Fast Food $ 28.46 $ 7.58 Outdoor Tennis Courts 28.14 7.26 Convenience Market 27.31 6.74 Bank with Drive-thru 18.06 5.72 15.17 4.73 4.41 Restaurant - Sit Down Marina 14.85 Bank - Walk In 12.83 4.60 Auto - Gasoline 8.11 2.89 Grocery Store 7.78 2.56 S & L with Drive-thru 7.59 3.48 Bowling Center 6.63 2.83 Restaurant - Quality 6.57 3.09 Neighborhood Shopping Center 6.46 2.27 Campground 17.51 4.99 Auto Car Waah 6.31 2.52 S f L - Walk In 5.51 3.03 Race Track 5-10 2.33 Library 4.26 2.86 Community Shopping Center 4.24 1.80 Hospital - General 3.88 3.18 0 0 IMPROVEMENT IMPROVEMENT COMMERCIAL USE DESIGNATIONS AREA I AREA I1 Hotel - Conv. Fac/Comm. 3.47 2.52 Auto - Repair 61 Sales 3.41 1.58 Regional Shopping Center 3.35 1.61 Discount store 3.22 1.58 Golf Course 3.06 2.14 Church 2.99 1.94 Office - Government 2.93 1.88 Commercial Shops 2.90 1.58 Health Club 2.89 1.85 Motel 2.69 2.06 Office - High Rise 2.67 1.84 Office - Commercial, 100,000 SF 2.56 1.75 Lumber/Hardware Store 2.47 1.58 Office - Medical 2.42 2.07 Hospital - Convalescent 2.33 2.23 Indoor Sports Arena 2.33 2.23 Resort Hotel 2.30 1.98 University 2.26 1.91 Junior College 2.19 1.90 All other Commercial Properties 2.14 1.44 not indent if ied above IMPROVEmNT IMPROVEMENT INDUSTRIAL USE DESIGNATIONS AREA I AREA If Heliports $ 10.63 $ 3.67 Industrial-Commercial Business Park 2.14 1.51 All other Industrial Properties not identified above 1.74 1.42 OR, IN THE ALTERNATE, ANNUAL SPECIAL TAX The "Maximum Annual Special Tax - Developed Property" for any Fiscal Year s exceed 13.81% of the authorized "Maximum Special Development Tax - One Time" various Commercial and Industrial Property categories as set forth above amount applicabl. and annually adjusted for each Fiscal Year. ANNUAL TAX INCREASE The above SPECIAL TAXES for the taxable properties are applicable for tt year 1990/91, and are all subject to annual increases to reflect incr construction costs. The Construction Cost Index of the Enqineering New titled "ENR Cost Indexes in 22 Cities" will be used. The Index publishec month of April for the City of Los Angeles under the column heading of "P Change from Last Year" will annually inflate each of the Maximum Annual each year for properties as follows: 0 0 A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of the . above-referenced increase. B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed 100% of the above-referenced increase until annexed. TERM OF TAX The above taxes shall be levied until all bonds have been discharged and faci funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has been however, the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not be levied period in excess of twenty-five (25) years per parcel. Residential : Once a building permit has been issued for Residential property and the : DEVELOPMENT TAX - ONE TIME has been paid, the property no longer will be sub: any annual special tax. Commercial & Industrial: The COrMIerCial and Industrial properties, upon the issuance of a building have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) ass ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. Upon the issu any building permit, no further increase or escalation is authorized. ALLOCATION OF COST AND TAX Total capital costs for all authorized facilities shall be allocated as 2 65% to Residential property, 35% to Commercial & Industrial property. Tb coats exclude costs of issuance as needed. Residential property shall be taxed in an amount sufficient to meet the 65% ! facilities, which tax will include costs of issuance, interest and other including sinking fund payments for future construction as applicable. Commercial & Industrial property shall be taxed in an amount sufficient to 35% share of facilities, which tax will include costs of issuance, intei other costs, including sinking fund paymenta for future COnfitrUCtlOn a5 appll COLLECTION OF ANNUAL TAX Residential: Determine monies necessary to make payment on bond debt service, replenish call bonds, pay bonds and Community Facilities District No. 1 administrati. and pay for public capital facilities. FIRST: Reduce this amount by t collected from Special Development Tax - One Time levied against re properties. SECOND: The remaining funds needed are to be collected by thc the annual Special Tax - Undeveloped Property on undeveloped taxable re acreage, in the proportional amounts for each property category as require( exceed the maximum authorized tax. e 0 Commercial and Industrial: Determine monies .necessary to make payment on bond debt service, replenish re call bonds, pay bonds and Community Facililies District No. 1 administrative and pay €or current or future public capital facilities. FIRST: Reduce this by the funds collected from Special Development Tax - One Time and annual I Tax - Developed Property levied against commercial and industrial prop€ SECOND: Levy the annual Special Tax - Undeveloped PrOperty on undeveloped t commercial and industrial acreage in the proportional amounts for each pi category as required, not to exceed the maximum tax. *** 0 0 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 EXHIBIT 'W PROPERTY OWNER NAME AND ASSESSOR'S PARCEL NUMBERS propertyowner: Carlsbad I Memorandum of Option - Poinsettia Hill Limited Assessor's Parcel Number: 215-020-01 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 EXHIBIT 4 0 0 RESOLUTION NO. 94-147 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING AND ADDING . PROPERTY TO AN EXISTING COMMUNITY FACILITIES DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF CAR CALIFORNIA, (hereinafter referred to as the "legislative b the local Agency") , has previously formed a Community Faci District pursuant to the provisions of the "Mello-Roos Con Facilities Act of 1982", being Chapter 2.5, Part I, Divi5 Title 5 of the Government Code of the State of Californi; Article 3.5 thereof. The existing Community Facilities D being designated as COMMUNITY FACILITIES DISTRICT NO. 1 ( after referred to as the "District"); and, WHEREAS, the legislative body has also establi procedure to allow .and provide €or future annexations original District and the area proposed to be annexed future was designated as COMMUNITY FACILITIES DISTRICT FUTURE ANNEXATION AREA (hereinafter referred to as the Annexation Area") : and WHEREAS, at this time the unanimous consent of the owner or owners of certain specific territory propose annexed has been received, and said territory has beer nated 86 ANNEXATION NO. 2 (hereinafter referred tc "Annexed Area" ) ; and WHEREAS, the map showing the specific territor annexed and designated as the Annexed Area as subm hereby approved by this legislative body. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 . 23 24 25 26 27 28 0 0 RECITALS SECTION 1. The above recitals are all true and correct ANNEXATION CERTIFICATION SECTION 2. That this legislative body does hereby det and declare that the territory subject to annexation, be. Annexed Area, is now added to and becomes a part District. ANNEXATION AREA SECTION 3. That the boundaries and parcels of te: herein annexed and on which special taxes will be le- order to pay for the costs and expenses of authorized facilities is described as follows: All that property annexed to the e Community Facilities District as said territory is sho~ map as herein approved by this legislative body, s designated by the number of the annexation and the name District, a copy of which is on file and shall remain ( public inspection. FINDINGS SECTION 3. That this legislative body does hereby determine a0 follows: A. That the unanimous consent to the ar as submitted by the property owners is hereby certi approved and shall be kept on file in the Office of the Official. B. The legislative body is hereby empc levy the authorized special taxes within the Annexed Ar for the District's public facilities. II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 15 19 20 21 22 23 24 25 26 27 28 0 0 C. That the Annexed Area is formally adr and becomes a part of the District. , NOTICE SECTION 4. That immediately upon adoption of this R tion, notice shall be given as follows: A. A copy of the annexation map as a1 shall be immediately, and at least within fifteen (15) c adoption of this Resolution, filed in the Office of the Recorder. B. Also within said fifteen (15) days, an ment to the Notice of Special Tax Lien (Notice of Anne shall be recorded in the Office of the County Recorder. PASSED, APPROVED AND ADOPTED at a regular meeting Carlsbad City Council held on the day of 1993, by the following vote, to wit: AYES: NOES: ABSENT: CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 1 NON-R€SIDENT1AL UNDEVELOPED LAND USE: :COMMERCIAL PROPERN IN DUSTRLAL PROP E RTY PER NET ACRE PER NET ACRE PE 1,244.0340 1,288.5360 I $2,488,0680 $2,57700720 ,AGRICULTURAL PROPERTY 1 0.0000 0.0000 I RESIDENTIAL PROQEm UNDEVELOPED LAND USE: [ PER NET ACRE PER NET ACRE ' RESIDE". LOW (RL) $287. i 645 $297 .a71 7a7.aaa2 81 6.0728 AESIDENVAL LOW MEDIUM (RLM) RESIDENTIAL MEDIUM (RM) 1,261.6578 1,306.7903 RESIDENTIAL MEDIUM HIGH (RMH) 1,936.5463 2,005.821 0 RESIDENTIAL HIGH (RH) 2,839.5076 2,941.0834 I L NON-RESIDENTIAL UNDEVELOPED LAND USE: ' PER NET ACRE COMMERCIAL PROPERTY $1,658.7120 INDUSTRIAL PROPERTY 995.2272 AGRICULTURAL PROPERTY I 0.0000 PER NET ACRE \ $1,718.0480 0.0000 i ,030.8288 e 0 CrrY OF CARLSEAD COMMUNITY FACILITIES DISTRICT NO. 1 SPECIAL DEVELOPMENT TAX - ONE-TIME I* VALlO JULY'TO JUNE 30,1994 I 1-1 [ IMPROVEMENT AREA II j a r, TAXRATE ANNMED TAXRATE ANNMED 1 M93-94 M93-94 M 93-94 M 93-94 PARTICIPATION DATE: - RESIDENTIAL DEVELOPED LAND USE: 1 RL (0 - 1.5 DU/AC) 1 $4,615.3661 $4,780.4686 RLM (1 .S1 TO 4.0 DUIAC) 1 4,615.3861 4,780.4686 'RM (4.1 TO 8.0 DUIAC) 2,913.1130 3,017.3218 RMH (8.1 TO 15.0 DU/AC) RH (1 5.1 TO 23.0 DUIAC) ' NO NOTE 1 : THIS CATEGORY OF LAND USE CONTAINS PM AND CM ZONED PROPERN. NOTE 2: THIS CATEGORY OF LAND USE CONTAINS M AND u ZONED PROPERTY* MHIBIT C PAGE 2 e,’ 9 F’.” $%a J~K HENTHORN 6r ASSOC~~ES fi/H@ 5431 Aveniida Encinas Suite G chkbad, California 92008 FUX (619) 43810981 (619) 438-4090 %% June 7, 1994 Ms. Lisa Hildebrand Finance Director City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 RE: Request for Continuance of City Council Aaenda Bill 12 722 COMWITY FACILITIES DISTRICT NO. I ANNEX4 TION NO. 2 - CARLSBAD TRACT NO. CT 93-03LP93- 02, POINSETTIA HILL Dear Ms. Hildebrand: As the authorized local representative for the Poinsettia Hill applicant, I have been asked weeks. The purpose of the continuance is to allow the applicant time to clarifl the timing of the initial vacant land tax payment and the net acreage to be used in calculating the tax. This request is necessary to provide the applicant the opportunity to communicate with other parties involved in the application. to request that item number 5 on tonight’s City Council agenda be continued for two Sincerely, pr/k ck E. Henthorn JEH:wpc Cc: Dwight W. Spiers City Clerk k u. rq”1UP J~K HENTHORN 6r ASSO&ES 5431 Ca~lsbad, Am& California Encim 92008 Suite G $5 Fax (619) 438081 (619) 4384090 @&y -/ June 23, 1994 Honorable Mayor and City Council City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 Subject: Request for continuance - Poinsettia Hill annexation to CFD #1 On behalf of the applicant, it is requested that the City Council continue the Poinsettia Hill annexation to Community Facilities District #1 from its meeting of June 28, 1994, to its meeting of July 12, 1994. The applicant has used, and continues to use, all diligent and good faith efforts to comply with condition 9 of Planning Commission Resolution number 3607. The continuance is necessary because the applicant and his advisors are currently working with the City staff to research and investigate issues relating to the timing and mechanism for imposing the Cm vacant land tax on annexed parcels. This a relatively complex issue and will require hrther research by the City staff and the applicant before being returned to the City Council It is anticipated that City staff and the applicant will have completed their efforts in time tc return this matter for Council consideration at its July 12, 1994 meeting. Thank you for your consideration. Respectfblly submitted, pr/k ack E. Henthom JEH:Wpc CC: Dwight Spiers Adam Volkert, Rutan & Tucker Ron Ball, City Attorney Lisa Hildabrand, Finance Director IN @ c ., f- =GQ?%PB%NG REQUESTED -BY WHEN RECORDED, RETURN TO: I203 SfiH GiEGg CggfiTY ;xCgpW'S g ;, 7 fig#yyE Et<!#$ f c; CITY CLERK .. FSrS 2 CITY OF CARLSBAD gi 3 1200 CARLSBAD VILLAGE DRIVE lk.! = . ___ CARLSBAD, CA 92008 $$ : DF: I, Qrj cf-: 16, @> AMENDMEWC TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) Pursuant to the requirements of Section 3117.5 of the Streets and Highways Cc Sect'ion 53339.8 of the Government Code, the undersigned CITY CLERK of the 1~ tive body of the CITY OF CARLSBAD, COMMUNITY FACILITIES DISTRICT NO. 1, ANNE NO. ! , STATE OF CALIFORNIA, HEREBY GIVES NOTICE that a lien is hereby impC secure payment of a special tax which the City Council of the City of Cai County of San Diego, State of California, is authorized to annually levy f following purpose: TO pay for certain public capital facilities, including the payment ( principal and interest on bonds, said facilities generally described t the construction and installation or purchase of the following: I. Public facilities generally described as a nc library facility, a major addition to an existing library building, a Cii Hall complex, and the addition of office and warehouse facilities at tl public safety center. 11. Park improvements generally designated as t MACARIO CANYON PARK. - 111. Major. street impronements in portions of the follo ing designated public Streets: FARADAY AVENUE, CANNON ROAD, LA COS AVENUE, OLIVENHAIN ROAD/RANCHO SANTA FE ROAD and LEUCADIA BOULEVARD. IV. Major bridge and overpass facilities general described as the LA COSTA INTERCHANGE, POINSETTIA LANE INTERCHANGE a PALOMAR AIRPORT ROAD INTERCHANGE. - The special tax is authorized to be levied within Community Facilities Distr 1, Annexation No. / , which has now been officially formed, and the lien special tax is a continuing lien which shall secure each annual levy of the tax and which shall continue in force and effect until the special tax obliga prepaid, permanently satisfied and cancelled in accordance with law or uni special tax ceases to be levied and a notice of cessation of special tax is r in accordance with Section 53330.5 of the Government Code. The rate and method of apportionment of the authorized special tax is as e the attached, referenced and incorporated Exhibit "A" , and the special tax E collected in the same manner as ordinary st. valorem property taxes are collec shall be subject to the s2ne penalties and the same procedure, sale a priority in case of delinquency as is provided for ad-valorem taxes. Cor under which the obligation to pay the special tax may be prepaid and pern satisfied and the lien of the special tax cancelled are as follows: e Id! ., Any special tax for public capital facilities may be prepaid an satisfied by the payment of the maximum present value of the special ta obligation. Notice is further given that upon the recording of this notice in the Office 1 County Recorder, the obligation to pay the special tax levy shall become a lie all non-exempt real property within the District in accordance with Section of the Streets and Highways Code. The names of the owner(s) of the real property included within the Con Facilities District as they appear on the last secured assessment roll as date of recording of this Notice and the Assessor's tax parcel(s) numbers parcels Or any portion thereof which are included within said territory annexed to this Community Facilities District are as set forth on the at! referenced and incorporated Exhibit "B" . Reference is made to the fallowing: 1. Boundary map of the original Community Facilities District recorded a aq , Page C6 , Document No. To-G7%//f , Maps of Assessms Community Facilities Districts in the Office of the County Recorder f County of San Diego, State of California. Boundary map of the Future Annexation Area District recorded at Book 2 Page a/ , Document No. 73-2a0 /63 I Maps of Assessment and Co Facilities Districts in the Office of the County Recorder for the County Diego, State of California. 2. 3. Boundary map of the Annexation Area No. 1 recorded at Book 38 I 0 \ , Document No. ~~~ 18\o , Maps of Assessment and Community ties Districts in the Office of the County Recorder for the County of Sar -State of California. For further information concerning the current and estimated future tax liabj Owner8 or purchasers of real property subject to this special tax lien, in4 persons should contact the following designated person: FINANCE DIRECTOR CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 TELEPHONE : ( 619 ) #39-&'6 7 DATED: Q& 23 1973 LtkLtiL2k CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA 0 1205 rs CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO, 1 EXHIBIT "A" PROPERTY CATEGORIES AND MAXIMUM TAX All taxable property within the boundaries of the Future Annexa- tion Area s subject to ANNUAL SPECIAL TAXES as applicable based upon the rates as esta €or the original Community Facilities District NO. 1 and further based ul property categories, maximum tax rates, increases and status of the issu: building permits, all as hereinafter set forth. Improvement Area I refers properties within the boundaries of the City of Carlsbad Bridge and Thoro District. Improvement Area I1 is for all remaining properties within the Co Facilities District, not within the Bridge &i Thoroughfare District. RESIDENTIAL PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable property prior to the issuance of a building permit shall be suk the following maximum annual special taxes, subject to increases as se herein : MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT PROPERTY CATEGORY AREA I AREA I1 ResAdent ial Low $ 281.00 $ 277.00 760.00 Residential Low to Medium 772.00 Residential Medium 1,294.00 1,217.00 Residential Medium to High 1,984.00 1,868.00 Residential High 2,793.00 2 , 739.00 SPECIAL DEVELOPMENT TAX - ONE TIME Upon the issuance of a building permit, all Residential properties shall be increases as set forth herein, as follows; to the following described SPECIAL DEVELOPMENT TAX - ONE TIME, also SUI MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT PROPERTY CATEGORY AREA I AREA I1 Residential Low $ 4,452.00 $ 3,835.00 Residential Low to Medium 4,452.00 3 , 835 .OO Residential Medium 2 , 810.00 2,312.00 Residential Medium to High 2,810.00 2,312 .OO Residential High 2 , 810.00 2,312 .OO 0 e lZUb COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable Commercial and Industrial Property prior to the issuance of a bL permit shall be subject to the following maximum annual special taxes, also r to increases as set forth herein: MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY PER DEWLOPABLE ACRE FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT 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 issuance of a building shall have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY for a period of not to twenty-five (25) years, generally in the amounts per property category as foll MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA PROPERTY CATEGORY - IMPROVEMENT IMPROVEMENT AREA I AREA I1 COMMERCIAL USE DESIGNATIONS Restaurant - Fast Food $ 28.46 $ 7.58 Outdoor Tennis Courts 28.14 7.26 Convenience Market 27.31 6.74 Bank with Drive-thru 18.06 5.72 Restaurant - Sit Down 15.17 4.73 Marina 14;85 4.41 Bank - Walk In 12.83 4.60 Auto - Gasoline 8.11 2.89 Campground 17-51 4.99 Grocery Store 7.78 2.56 S & L with Drive-thru 7.59 3.48 Bowling Center 6.63 2.83 Restaurant - Quality 6.57 3.09 Neighborhood Shopping Center 6.46 2.27 Auto Car Wash 6.31 2.52 S & L - Walk In 5.51 3.03 Race Track 5.10 2.33 Library 4.26 2.86 Community Shopping Center 4.24 1.80 Hospital - General 3.88 3.18 e 0 1207 IMPROVEMENT IMPROVEMENT COMMERCIAL USE DESIGNATIONS AREA I AREA I1 Hotel - Conv. Fac/Comm. 3.47 2.52 Auto - Repair & Sales 3.41 1.58 Regional Shopping Center 3.35 1.61 Discount Store 3.22 1.58 Golf Course 3.06 2.14 Church 2 -99 1.94 Office - Government 2.93 1.88 commercial Shops 2.90 1.58 Health Club 2.89 1.85 Motel 2.69 2.06 off ice - High Rise 2.67 1.84 Office - Commercial, 100,000 SF 2.56 1.75 Lumber/Hardware Store 2.47 1.58 Office - Medical 2.42 2.07 Hospital - Convalescent 2.33 2.23 Indoor Sports Arena 2.33 2.23 Resort Hotel 2.30 1.98 University 2.26 1.91 Junior College 2.19 1.90 All other Commercial Properties 2.14 1.44 not indent if ied above IMPROVEMENT IMPROVEMENT INDUSTRIAL USE DESIGNATIONS AREA I AREA I1 He1 iport s $ 10.63 $ 3.67 Industrial-Commercial Business Park 2.14 1.51 All other Industrial Properties not identified above 1.74 1.42 OR, IN THE ALTERNATE, ANNUAL SPECIAL TAX The "Maximum Annual Special Tax - Developed Property" for any Fiscal Year SI exceed 13.81% of the authorized "Maximum Special Development Tax - One Time" various Commercial and Industrial Property categories as set forth above amount applicable and annually adjusted for each Fiscal Year. ANNUAL TAX INCREASE The above SPECIAL TAXES for the taxable properties are applicable for thi year 1990/91, and are all subject to annual increases to reflect incrt construction costs. The Construction Cost Index of the Engineering News titled "ENR Cost Indexes in 22 Cities" will be used. The Index published month of April for the City of Los Angeles under the column heading of "PE Change from Last Year" will annually inflate each of the Maximum Annual T each year for properties as follows: e 0 120 A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of the above-referenced increase. B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed 100% of the above-referenced increase until annexed. TERM OF TAX The above taxes shall be levied until all bonds have been discharged and fac. funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has beer however, the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not be levied period in excess of twenty-five (25) years per parcel. Residential: Once a building permit has been issued for Residential property and the DEVELOPMENT TAX - ONE TIME has been paid, the property no longer will be sub any annual special tax. Commercial & Industrial: The Commercial and Industrial properties, upon the issuance of a building have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) ass ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. Upon the issu any building permit, no further increase or escalation is authorized. AUOCATION OF COST AND TAX Total capital costs for all authorized facilities shall be allocated as f 65% to Residential property, 35% to Commercial & Industrial property. Th costs exclude costs of issuance as needed. Residential property shall be taxed in an amount sufficient to meet the 65% F facilities, which tax will include costs of issuance, interest and other including sinking fund payments for future construction as applicable. Commercial & Industrial property shall be taxed in an amount sufficient to n 35% share of facilities, which tax will include costs of issuance, inter other costs, including sinking fund payments for future construction as applic COLLECTION OF ANNUAL TAX Residential: Determine monies necessary to make payment on bond debt service, replenish call bonds, pay bonds and Community Facilities District No. 1 administrativ and pay for public capital facilities. FIRST: Reduce this amount by tl collected from Special Development Tax - One Time levied against res properties. SECOND: The remaining funds needed are to be collected by the the annual Special Tax - Undeveloped Property on undeveloped taxable res acreage, in the proportional arnounts for each property category as required exceed the maximum authorized tax. I 1209 0 e I* Commercial and Industrial: Determine monies necessary to make payment on bond debt service, replenish r( call bonds, pay bonds and Community ??ac;lilies Di&fkt h. 1 2dminiStratiVe and pay for current or future public capital facilities. FIRST: Reduce this by the funds collected from Special Development Tax - One Time and annual Tax - Developed Property levied against commercial and industrial prop SECOND: Levy the annual Special Tax - Undeveloped Property on undeveloped commercial and industrial acreage in the proportional amounts for each p category as required, not to exceed the maximum tax. *x* - * * 1210 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 EXHIBIT '93'' PROPERTY OWNER NAME AND MSESSOR'S PARCEL NUMBERS propertyowner: Carltas Company Assessor's Parcel Numbers: 211-010-25 21 1-021 -1 8 21 1 -021 -1 9 21 1-021-26 211-021-27 211-021-28 2 1 1-021 -29