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HomeMy WebLinkAbout1994-07-12; City Council; 12769; COMMUNITY FACILITIES DISTRICT NO. 1 ANNEXATION NO. 2 - CARLSBAD TRACT NO. CT 93-03/CP 93-02, POINSETTIA HILLc3 W d PI zl 2 z 0 F 0 4 6 z 0 0 21 Cw OF CARLSBAD - AGEWA BILL /+ DEPT. F1N NO- CT 93-03KP 93-02, POINSEITA HILL C\T AB # 12:%.$9 TITLE: DEP CIT' MTG. 7/12/94 COMMUNITY FACILITIES DISTRICT NO. 1 ANNEXATION NO. 2 - CARLSBAD TRACT RECOMMENDED ACTION: Adopt Resolution No. 94-)41 certifying and adding property to an existing Commi Facilities District. ITEM EXPLANATION: Background Property owners of vacant land in Carlsbad and the City worked together to Community Facilities District (CFD) No. 1. The CFD provides funding for a varief infrastructure projects which will be necessary to meet the requirements of the Grc Management Program. Council formed CFD No. 1 in 1991, following an electior property owners for a special tax to be levied upon their property to fund constructio acquisition of the capital projects. The Carlsbad philosophy is that CFD financing should be used to finance facilities thal City-wide in obligation and benefit. A CFD is not intended to relieve any property 01 of the responsibility to provide funding for infrastructure improvements related to development. No homeowner in Carlsbad is affected by a City CFD because our guide1 ensure that the obligation on a residential unit is paid in full when the building penr issued. No homeowner will pay City-imposed Mello-Roos taxes. Many Local Facilities Management Zones were not included in CFD No 1. Annexa proceedings were anticipated to occur as each zone progressed through the develop1 process. With the exception of the more developed areas, each zone plan requires el annexation to the CFD or developer funding of all required facilities. In April 1993, Council authorized future annexation of the remaining undeveloped land CFD No. 1. This action permits developers to use the simplified annexation procedure simplified annexation procedure lets property owners administratively petition to annex CFD No. 1. Upon Council approval, property d be annexed into CFD No. 1, thus fulfil their obligation for certain public facilities. 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 ce-g 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 allows development to proceed without additional public hearings or special elections. I e 6 PAGE TWO OF AGENDA BILL NO. /g! 7h 9 FISCAL IMPACT: 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 fl to finance the construction of certain public facilities. Poinsettia Hill is the second propc to request annexation into CFD No. 1 in order to fulfill its growth management obligati 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 Since Poinsettia Hill is developing as residential property, the maximum annual tax will approximately $1,400 per developable acre; the special tax will continue as long as property remains undeveloped. The Poinsettia Hill special taxes are estimated to gene1 $30,000 annually. Upon development, the owner must immediately pay off the CFD. Poinsettia Hil: proposing 184 residential units which would provide approximately $550,000 in spec 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 Facili 1995-96, The rates for property annexed in fiscal year 1994-95 are shown in Exhibil District. 2. Boundary Map of the area to be annexed. 3. Notice of Annexation. 4. Resolution No. wj certifying and adding property to an existing CFD. 5. Community Facilities District No. 1 1994-95 maximum tax rates. 0 EXHIB. 0 ._ CONSENT AM) ELBFTION 3.w AxQIEx REAXI PROPERTY TO AN EXIGXXI?G W~X3CY FACILITXEF OSGTRICT CITY OF CARLSBAD C0HHUNX'rY FACILXCPTES DISTRICP NO. 1 TO: LEGZSLATXVf BODY COMMUNITY FACILITIES DISTRICT NO. I 1. The unciefsigned is the owner, or the duly authorized representative owner, of the property as shown en the attached map {the "owner") , and appropriate person with legal authorizakion to sign this consent, v election to annex p;t~perty to the Pistrict. The Owner is aware of and understands the following: A. The City of Carlebad hae conducted procsedinge pursuant to the "Me Community Facilities Act of 1982" (Government Code 953311 and fa (the "Act") to fam a community facilities district known and dssig: COMMUNITY FACILITIES DISTRICT SO. 1 {the "District") for purposes construction, installation and financing of major public capital fa to aefve and benefit properties within the boundaries of the District Proceedings have also been authorized to allow annexation of propert futulti t6 gaid DhtfiCt: ~OWBVBT, any future anne%atim il; conditio; the unanimoue coneent of the owner or ownere of each parcel. or pa: the time the time of the proposed annexation. 2. 8. C. That the mer is the owner of property subject to annexation as 8 is shown 011 a map attached hereto, referenced and incorgoratsd, ma designated as the ANNEXED AREA. THE UNDERSIGNED DOES HEREBY CERTIFY UNDER PENALTY OF PERJURY AS FOLiOWS: 3. The Owner does consent to and approve the annexation of the Annexed Are District without any additional further public hearings and. Without any election requirements. The Owner further waives the right to protest, c or initiate legal proceedings challenging the validity of the following: - Proceedings for the formation of the District - Proceedings tQ annex property in the future - Spccific annexation proceedings for the Annexed Area 4. The Owner specifically authorizes the levy of the previously approved taxes on all properties within the boundaries of the Annexed Area to pa: authorized public capital facilities and/or ta assist in the payment fc indebtedness of the Community Facilities District. ZO 'd S33 I Ad3S 1B I 3NWN I J INnGI SI:N a: 4 EXECUTED this ’? i4 @of *? r 199% - in #A- /&/c-f, Califccn Y h. (Signature) (Type Or print I’iWie of signor) State of Califormu On F/&f yefore me, K. Houck, Notary Public, personally appeared 1 are subscribed to the ithin instrument and acknowledged to me that e/ e/they executed the same in (6% *s er/their authorized capacity(ies),and that by @ is er/their signa- ture(s) 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. County of A=m&-E ww /a/y J iAA <9Q /‘E0eS - e roved to me on the basis of satisfactory evidence to be the person(s) w e name(s) & Signature of Notary Public. Title or Type of Document & A Ad This certificate is attached to the ollowing gocument. Dated / 4 WZ2%%2q €0 ‘d SI3 I Ad3S IW I 3NVN I d INN4 9b91 El . 0 e CERTIFICATION OF PROJECT MANAGER The undersigned is the duly appointed and acting PROJECT MANAGER the proceedings relating to the annexation of property to District. That on the /3 day of , 19 7% I did review signatures as contained on the @NSENT AND ELECTION TO ANNEX E PROPERTY TO AN EXISTING COMMUNITY FACILITIES DISTRICT, and he1 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 k signed by all qualified electors of the property proposed to annexed to the District or their duly authorized representatit 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. 2. That said Consent and Election did contain the signatL representing 100% of all of the qualified electors within property proposed to be annexed to the District. EXECUTED this /d day of m- , 19 533(, at Carlst California. BARBARA HALE-CAI; MUNI FINANCIAL SERVICES, I ADMINISTRATOR - CFD B ig- CHERYL E - BALLEN, ASST. FINANCE DIREC PROJECT I"> CARLSBAD, CALIFOF b 3 I I I I I I I I I I I I I I I I I I I I ----I I I I I I I I I I I I 1 I I I I I I I I I I I 0 e WHEN RECORDED, RETURN TO: CITY CLERK CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) Pursuant to the requirements of Section 31 17.5 of the Streets and Highways Code and Sec 53339.8 of the Government Code, the undersigned CITY CLERK of the legislative body of CITY OF CARLSBAD, COMMUNITY FACILITIES DISTRICT NO. 1, ANNEXATION NO. 94/9E STATE OF CALIFORNIA, HEREBY GIVES NOTICE that a lien is hereby imposed to sec payment of a special tax which the City Council of the City of Carlsbad, County of San Die State of California, is authorized to annually levy for the following purpose: To pay for certain public capital facilities, including the payment of principal and inte on bonds, said facilities generally described as the construction and installation purchase of the following: I, Public facilities generally described as new library facility, a major addition to existing library building, a City Hall complex, and the addition of office and wareho facilities at the public safety center, II, Park improvements generally designated as the MACARIO CANYON PARK. Ill. Major street improvements in portions of the following designated public stre FARADAY AVENUE, CANNON ROAD, LA COSTA AVENUE, OLIVENHAIN ROAD/RANC SANTA FE ROAD and LEUCADIA BOULEVARD. IV. Major bridge and overpass facilities generally described as the LA C05 INTERCHANGE, POINSETIA LANE INTERCHANGE and PALOMAR AIRPORT RO INTERCHANGE. The special tax is authorized to be levied within Community Facilities District No. 1, Annexat No. 94/95-1 , which has now been officially formed, and the lien of the special tax is a continu lien which shall secure each annual levy of the special tax and which shall continue in force i effect until the special tax obligation is prepaid, permanently satisfied and canceled accordance with law or until the special tax ceases to be levied and a notice of cessatior special tax is recorded in accordance with Section 53330.5 of the Government Code, The rate and method of apportionment of the authorized special tax is as shown on the attacht referenced and incorporated Exhibit “A‘, and the special tax shall be collected in the sal manner as ordinary ad valorem property taxes are collected and shall be subject to the sal penalties and the same procedure, sale and lien priority in case of delinquency as is provid for ad valorem taxes. Conditions under which the obligation to pay the special tax may prepaid and permanently satisfied and the lien of the special tax canceled are as follows: c ' 0 0 Any special tax for public capital facilities may be prepaid and satisfied by the paymi the maximum present value of the special tax obligation. Notice is further given that upon the recording of this notice in the office of the County Recc the obligation to pay the special tax levy shall become a lien upon all non-exempt real pro within the District in accordance with Section 31 15.5 of the Streets and Highways Code. The names of the owner(s) of the real property included within the Community Facilities DI as they appear on the last secured assessment roll as of the date of recording of this Notice the Assessor's tax parcel@) numbers of all parcels or any portion thereof which are incli within said territory to be annexed to this Community Facilities District are as set forth 01 attached, referenced and incorporated Exhibit "B". Reference is made to the following: 1. Boundary map of the original Community Facilities District recorded at Book 24, P 56, Document No. 90-6741 18, Maps of Assessment and Community Facilities Distric the office of the County Recorder for the County of San Diego, State of California. Boundary map of the Future Annexation Area District recorded at Book z, Page , Document No. 93-2201 63, Maps of Assessment and Community Facilities Districts ir office of the County Recorder for the County of San Diego, State of California. 3. Boundary map of the Annexation Area No. recorded at Book , Page - Document No. , Maps of Assessment and Community Facilities Districts ir office of the County Recorder for the County of San Diego, State of California. For further information concerning the current and estimated future tax liability of owner purchasers of real property subject to this special tax lien, interested persons should contac following designated person: 2. Finance Director City of Carlsbad 1200 Carlsbad Village Drive Carlsbad CA 92008 Telephone: (61 9) 434-2867 & State of California KAREN R. KUNDTZ, Assistant 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 Annexa- tion Area E subject to ANNUAL SPECIAL TAXES as applicable based upon the rates as est; for the original Community Facilities District No. 1 and further based u 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 Thorc District. Improvement Area I1 is for all remaining properties within the Cc Facilities District, not within the Bridge & 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 Residential Low $ 281.00 $ 277.00 Residential Low to Medium 772.00 760.00 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 to the following described SPECIAL DEVELOPMENT TAX - ONE TIME, also sub increases as set 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 3,835.00 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 a 0 COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable Commercial and Industrial Property prior to the issuance of a b permit shall be subject to the following maximum annual special taxes, also 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 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 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 Campground 17.51 4.99 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 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 0 e IMPROVEMENT IMPROVEMENT COMMERCIAL USE DESIGNATIONS AREA I AREA 11 Hotel - Conv. Fac/Comm. 3.47 2.52 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 Health Club 2.89 1.85 Motel 2.69 2.06 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 Auto - Repair & Sales 3.41 1.58 Commercial Shops 2.90 1.58 office - High Rise 2.67 1.84 University 2.26 1.91 Junior College 2.19 1.90 All other Commercial Properties 2.14 1.44 not indentified above IMPROVEMENT IMPROVEMENT INDUSTRIAL USE DESIGNATIONS AREA I AREA I1 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" €or any Fiscal Year sl- 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 the year 1990/91, and are all subject to annual increases to reflect incre construction costs. The Construction Cost Index of the Engineering News- titled "ENR Cost Indexes in 22 Cities" will be used. The Index published Change from Last Year" will annually inflate each of the Maximum Annual Ta each year for properties as follows: month of April for the City of Los Angeles under the column heading of "Per 0 e 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 bee 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. ALLOCATION OF COST AND TAX Total capital costs for all authorized facilities shall be allocated as i 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% I facilities, which tax will include costs of issuance, interest and other including sinking fund payments for future construction as applicable. Commercial t 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 administrativc and pay for public capital facilities. FIRST: Reduce this amount by tk 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 amounts for each property category as required exceed the maximum authorized tax. 0 e Commercial and Industrial: Determine monies necessary to make payment on bond debt service, replenish r call bonds, pay bonds and Community Facililies District No. 1 administrativE 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 pro: SECOND: Levy the annual Special Tax - Undeveloped Property on undeveloped commercial and industrial acreage in the proportional amounts for each I category as required, not to exceed the maximum tax. x** m 0 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 EXHIBIT "B" PROPERTY OWNER NAME AND ASSESSOR'S PARCEL NUMBERS property owner: Carlsbad I Memorandum of Option - Poinsettia Hill Limited Assessor's Parcel Number: 21 5-020-01 \ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 26 27 20 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 COUNClLof the CITY OF CARLSBAD, CALIFORNIA, (hereinafter referred to as the "legislative body of the local Agency"), has previously formed a Community Facilities District pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982', being Chapter 2.5, Part 1, Divisior 2, Title 5 of the Government Code of the State of California, said Article 3.: thereof. The existing Community Facilities District being designated a: COMMUNITY FACILITIES DISTRICT NO. 1 (hereinafter referred to as the "District") and WHEREAS, the legislative body has also established a procedure tc allow and provide for future annexations to the original District and the are: proposed to be annexed in the future was designated as COMMUNITY FACILITIE5 DISTRICT NO. 1, FUTURE ANNEXATION AREA (hereinafter referred to as thc "Future Annexation Area"); and WHEREAS, at this time the unanimous consent of the property owner o owners of certain specific territory proposed to be annexed has been received and said territory has been designated as ANNEXATION NO. 94/95-1 (hereinafte referred to as the "Annexed Area"); and I WHEREAS, the map showing the specific territory to be annexed anc designated as the Annexed Area as submitted is hereby approved by thi legislative body. Ill Ill Ill 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS SECTION 1. The above recitals are all true and correct. ANN EXATI 0 N C ERTl F I CAT10 N SECTION 2. That this legislative body does hereby determine anc declare that the territory subject to annexation, being the Annexed Area, is no\ added to and becomes a part of the Digttrid. ANNEXATION AREA SECTION 3. That the boundaries and parcels of territory herein annexec and on which special taxes will be levied in order to pay for the costs anc expenses of authorized public facilities is described as follows: All that property annexed to the existing Community Facilities District a said territory is shown on a map as herein approved by this legislative body, saic map designated by the number of the annexation and the name of the District, copy of which is on file and shall remain open for public inspection. FINDINGS SECTION 4. That this legislative body does hereby further determine a follows: A. That the unanimous consent to the annexation as submitted by th property owners is hereby certified and approved and shall be kept on file in th office of the Election Official. B. The legislative body is hereby empowered to levy the authorize special taxes within the Annexed Area to pay for the District’s public facilities. C. That the Annexed Area is formally added to and becomes a part ( the District. Ill /I/ 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 0 NOTICE SECTION 5. That immediately upon adoption of this Resolution, notic1 shalt be given as follows: A. A copy of the annexation map as approved shall be immediately, an at least within fifteen (15) days of adoption of this Resolution, filed in the office c the County Recorder. B. Also within said fifteen (15) days, an amendment to the Notice c Special Tax Lien (Notice of Annexation) shall be recorded in the office of th County Recorder. PASSED, APPROVED AND ADOPTED at a regular meeting Of th Carlsbad City Council on the 12th day of vote, to wit: JULY , 1994, by the followin AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, NOES: None ABSENT: None ATTEST: (SEAL) I RESIDENTIAL UNDEVELOPED LAND USE: RESIDENTIAL LOW (RL) RESIDENTIAL LOW MEDIUM (RLM) RESIDENTIAL MEDIUM (RM) RESIDENTIAL MEDIUM HIGH (RMH) RESIDENTIAL HIGH (RH) PER NET ACRE PER NET ACRE P $294.51 57 $305.051 2 809.1 322 838.0767 1,356.2396 1,404.7555 2,079.4277 2,153.81 37 2,927.3395 3,032.0573 NON-RESIDENTIAL UNDEVELOPED LAND USE: COMMERCIAL PROPERTY IN D U STRlAL PROPERTY AG RlCU LTU RAL PROPERTY PER NET ACRE PER NET ACRE P $2,515.4367 $2,605.41 98 1,257.71 84 1,302.7099 0.0000 0.0000 RESIDENTIAL PROPERTY UNDEVELOPED LAND USE: RE SIDE NTlAL LOW (RL) RESIDENTIAL LOW MEDIUM (RLM) RESIDENTIAL MEDIUM (RM) RESIDENTIAL MEDIUM HIGH (RMH) RESIDENTIAL HIGH (RH) PER NET ACRE PER NET ACRE P $290.3233 $300.7089 825.0496 1,275.5361 1,321.1 650 1,957.8483 2,027.8851 2,870.7422 2,973.4353 796.5550 NON-RESIDENTIAL UNDEVELOPED LAND USE: COMMERCIAL PROPERTY IN D U STRlAL PROPERTY AGRICULTURAL PROPERTY PER NET ACRE PER NET ACRE P $1,676.9578 $1,736.9465 1,006.1 747 1,042.1 679 0.0000 0.0000 1994 - 95 TAX RATE FOR FISCAL YEAR TAX RATE FOR FISCAL YEAR FY 94-95 1 1994-95 ANNEXED RATE IF RESIDENTIAL DEVELOPED LAND USE: RL (0 - 1.5 DU/AC) RLM (1 51 TO 4 0 DUlAC) RM (4 1 TO 8.0 DU/AC) RMH (8 1 TO 15 0 DU/AC) RH (15 1 TO 23 0 DUlAC) PERDU PERDU BE 2,423.2041 2,509 8877 $4,019.4583 $4,163.2437 4,019 4583 4,163 2437 2,423 2041 2,509.8877 2,423.2041 2,509 8877 PERDU PERDU PERDU $4,666.1352 $4,833.0537 $4,885.6389 4.666 1352 4,833 0537 4,885 6389 2,945.1572 3,050.5123 3,083.7029 2,945 1572 3,050 5123 3,083.7029 2,945 1572 3,050 5123 3,083 7029 July 25, 1994 F. Mackenzie Brown BROWN, DIVEN & HENTSCHKE 12770 High Bluff Dr., Suite 240 San Diego, CA 92130 RE: ANNEXATION NO. 94/95-1 TO COMMUNITY FACILITIES DISTRICT NO. 1 Enclosed per your request are the following documents for the above-refer annexation to Community Facilities District No. 1: 1. Copy of the completed Certificate of Compliance with n requirements. 2. Copy of the recorded Amendment to the Notice of Special Tax (Notice of Annexation). 3. Copy of the recorded Boundary Map. If you have any questions, or require additional information, please hesitate to call. &* Assistant City rk Encs. 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434 0 * CERTIFICATE OF COMPLIANCE WITH NOTICE REQUIREMENTS COMMUNITY FACILITIES DISTRICT NO. 1 FUTURE ANNEXATION AREA STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD The undersigned, under penalty of perjury, CERTIFIES AS FOLLOWS: The undersigned is now, and at all times mentioned herein was, the duly qu and acting CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA, and as such, accor the notice requirements in connection with the referenced Community Fac District, as noted: CONSENT AND ELECTION The CONSENT AND ELECTION was certified and filed by the Property Manager so that all property owners of record of the proposed Annexed Area have sig CONSENT AND ELECTION for annexation to the original Community Facilities Distr RESOLUTION CERTIFYING AND ADDING PROPERTY The RESOLUTION CERTIFYING AND ADDING PROPERTY was approved and adopted by thc lative body of the Community Facilities District on the izf4 day of TQL 1997. RECORDING That the BOUNDARY MAP of the Annexed Area was filed in the Office of the Recorder within fifteen (15) days of certifying and adding property to the Community Facilities District , said recordation being accomplished on the 1. of 7ULY r 199_y'. The AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) was in the Office of the County Recorder within fifteen (15) days of certif] adding property to the original Community Facilities District, said rec being accomplished on the 2is.t day of TU L V I19W. EXECUTED this Lag,.,a day Of ~QL? , 1924, at Carlsbad, California. STATE OF CALIFORNIA b e 0 rl WHEN RECORDED, RETURN TO: CITY CLERK CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) Pursuant to the requirements of Section 3117.5 of the Streets and Highways Code and S 53339.8 of the Government Code, the undersigned CITY CLERK of the legislative body of thc OF CALIFORNIA, HEREBY GIVES NOTICE that a lien is hereby imposed to secure paymei special tax which the City Council of the City of Carlsbad, County of San Diego, State of Calit is authorized to annually levy for the following purpose: OF CARLSBAD, COMMUNITY FACILITIES DISTRICT NO. 1, ANNEXATION NO. 94/95-1 , 1 To pay for certain public capital facilities, including the payment of principal and ir on bonds, said facilities generally described as the construction and installation or PUI of the following: I. Public facilities generally described as new library facility, a major addit an existing library building, a City Hall complex, and the addition of office and ware facilities at the public safety center. 11. Park improvements generally designated as the MACARIO CANYON PA€ 111. Major street improvements in portions of the following designated public s FARADAY AVENUE, CANNON ROAD, LA COSTA AVENUE, OLrVENHAIN ROAD/RAI SANTA FE ROAD and LEUCADIA BOULEVARD. IV. Major bridge and overpass facilities generally described as the LA C INTERCI-LANGE, POINSETTIA LANE INTERCHANGE and PALOMAR AIUORT INTERCHANGE. The special tax is authorized to be levied within Community Facilities District No. 1, Annei No. 94/95-1, which has now been officially formed, and the lien of the special tax is a conti lien which shall secure each annual levy of the special tax and which shall continue in forc effect until the special tax obligation is prepaid, permanently satisfied and canceled in accor with law or until the special tax ceases to be levied and a notice of cessation of special recorded in accordance with Section 53330.5 of the Government Code. The rate and method of apportionment of the authorized special tax is as shown on the att: referenced and incorporated Exhibit "A", and the special tax shall be collected in the same rn as ordinary ad valorem property taxes are collected and shall be subject to the same penaltit the same procedure, sale and lien priority in case of delinquency as is provided for ad va taxes. Conditions under which the obligation to pay the special tax may be prepaic permanently satisfied and the lien of the special tax canceled are as follows: I 0 0 Any special tax for public capital facilities may be prepaid and satisfied by the pap( the maximum present value of the special tax obligation. Notice is further given that upon the recording of this notice in the office of the County Recc the obligation to pay the special tax levy shall become a lien upon all non-exempt real prc within the District in accordance with Section 3115.5 of the Streets and Highways Code. The names of the owner(s) of the real property included within the Community Facilities D as they appear on the last secured assessment roll as of the date of recording of this Notice ar Assessor's tax parcel(s) numbers of all parcels or any portion thereof which are included withi temtory to be annexed to this Community Facilities District are as set forth on the atta referenced and incorporated Exhibit "B", Reference is made to the following: 1. Notice of Special Tax Lien recorded on May 20, 1991, Document No. 91-236959 j office of the County Recorder for the County of San Diego, State of California. Boundary map of the original Community Facilities District recorded at Book 24, P 56. Document No. 90-674118, Maps of Assessment and Community Facilities Dish the office of the County Recorder for the County of San Diego, State of California. Boundary map of the Future Annexation Area District recorded at Book z Page Document No. 93-220163, Maps of Assessment and Community Facilities Districts j office of the County Recorder for the County of San Diego, State of California. Boundary map of the Annexation Area No. 94/95-1 recorded at Book 28 , Page Document No. 94-446909 , Maps of Assessment and CommUnity Facilities Districts 1 office of the County Recorder for the County of San Diego, State of California. 2. 3. 4. For further information concerning the current and estimated future tax liability of ownc purchasers of real property subject to this special tax lien, interested persons should contal following designated person: Finance Director City of Carlsbad 1200 Carlsbad Village Drive Carlsbad CA 92008 Telephone: (619) 434-2867 g/&L Date State of California 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 Annexa- tion Are subject to ANNUAL SPECIAL TAXES as applicable based upon the rates as 6 for the original Community Facilities District No. 1 and further basec property categories, maximum tax rates, increases and status of the i building permits, all as hereinafter set forth. Improvement Area I ref properties within the boundaries of the City of Carlsbad Bridge and Tk District. Improvement Area I1 is for all remaining properties within the Facilities District, not within the Bridge & Thoroughfare District. RESIDENTIAL PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable property prior to the issuance of a building permit shall be the following maximum annual special taxes, subject to increases as 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 , 294.00 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 to the following described SPECIAL DEVELOPMENT TAX - ONE TIME, also increases as set 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 3,835.00 Residential Medium 2,810.00 2,312 .OO Residential Medium to High 2,810.00 2,312.00 Residential High 2,810.00 2,312.00 0 0 L COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable Commercial and Industrial Property prior to the issuance of a permit shall be subject to the following maximum annual special taxes, alsc 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 buildin shall have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TI1 assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY for a period of not twenty-five (25) years, generally in the amounts per property category as fc 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 Restaurant - Sit Down 15.17 4.73 Marina 14.85 4.41 Bank - Walk In 12.83 4.60 Grocery Store 7.78 2.56 Bowling Center 6.63 2.83 Restaurant - Quality 6.57 3.09 Neighborhood Shopping Center 6.46 2.27 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 Campground 17.51 4.99 Auto - Gasoline 8.11 2.89 S fi L with Drive-thru 7.59 3.48 Auto Car Wash 6.31 2.52 0 0 .- 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 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 Church 2.99 1.94 University 2.26 1.91 Junior College 2.19 1.90 All other Commercial Properties 2.14 1.44 not indentified above IMPROVEMENT IMPROVEMENT INDUSTRIAL USE DESIGNATIONS AREA I AREA I1 He 1 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 ALTEFWATe, ANNUAL SPECIAL TAX The "Maximum Annual Special Tax - Developed Property" for any Fiscal Year exceed 13.81% of the authorized "Maximum Special Development Tax - One Tir various Commercial and Industrial Property categories as set forth ab( amount applicable and annually adjusted for each Fiscal Year. ANNUAL TAX INCREASE The above SPECIAL TAXES for the taxable properties are applicable for year 1990/91, and are all subject to annual increases to reflect in construction costs. The Construction Cost Index of the Engineering Nc titled "ENR Cost Indexes in 22 Cities" will be used. The Index publist month of April for the City of Los Angeles under the column heading of Change from Last Year" will annually inflate each of the Maximum Annual each year for properties as follows: 0 0 I- A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of the above-referenced increase. 6. 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 f funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has k however, the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not be levi period in excess of twenty-five (25) years per parcel. Residential: Once a building permit has been issued for Residential property and th DEVELOPMENT TAX - ONE TIME has been paid, the property no longer will be E any annual special tax. Commercial & Industrial: The Commercial and Industrial properties, upon the issuance of a buildin have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) 2 ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. Upon the is 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 65% to Residential property, 35% to Commercial L Industrial property. costs 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 0th including sinking fund payments for future construction as applicable. Commercial & Industrial property shall be taxed in an amount sufficient tc other costs, including sinking fund payments for future construction as app 35% share of facilities, which tax 'will include costs of issuance, int COLLECTION OF ANNUAL TAX Residential: Determine monies necessary to make payment on bond debt service, replenis call bonds, pay bonds and Community Facilities District No:l administrat and pay for public capital facilities. FIRST: Reduce this amount by collected from Special Development Tax - One Time levied against r properties. SECOND: The remaining funds needed are to be collected by t the annual Special Tax - Undeveloped Property on undeveloped taxable r acreage, in the proportional amounts for each property category as requir exceed the maximum authorized tax. e e ,- Commercial and Industrial: Determine monies necessary to make payment on bond debt service, replenish call bonds, pay bonds and Community Facililies District No. 1 administrati and pay for current or future public capital facilities. FIRST: Reduce tf by the funds collected from Special Development Tax - One Time and annua Tax - Developed Property levied against commercial and industrial pr SECOND: Levy the annual Special Tax - Undeveloped Property on undevelope commercial and industrial acreage in the proportional amounts for each category as required, not to exceed the maximum tax. **x 0 0 -" CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 EXHIBIT "B" PROPERTY OWNER NAME AND ASSESSOR'S PARCEL NUMBERS Property Owner: Carlsbad I Memorandum of Option - Poinsettia Hill Limited Assessor's Parcel Number: 215-020-01 $ .. )r 0 WHEN RECORDED, RETURN TO: CITY CLERK , 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 1347 CITY OF CARLSBAD AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) Pursuant to the requirements of Section 3117.5 of the Streets and Highways Code and Sec 53339.8 of the Government Code, the undersigned CITY CLERK of the legislative body of the ( OF CARLSBAD, COMMUNITY FACILITIES DISTRICT NO. 1, ANNEXATION NO. 94/95-1 , ST OF CALIFORNIA, HEREBY GIVES NOTICE that a lien is hereby imposed to secure payment special tax which the City Council of the City of Carlsbad, County of San Diego, State of Calif01 is authorized to annually levy for the following purpose: To pay for certain public capital facilities, including the payment of principal and intc on bonds, said facilities generally described as the construction and installation or purcl of the following: I. Public facilities generally described as new library facility, a major additio an existing library building, a City Hall complex, and the addition of office and warehc facilities at the public safety center. 11. Park improvements generally designated as the MACARIO CANYON PARK 111. Major street improvements in portions of the following designated public strc FARADAY AVENUE, CANNON ROAD, LA COSTA AVENUE, OLnrENHAIN ROAD/BAN( SANTA FE ROAD and LEUCADIA BOULEVARD. IV. Major bridge and overpass facilities generally described as the LA CO INTERCHANGE, POINSETTIA LANE INTERCHANGE and PALOMAR AIRPORT R( INTERCHANGE. The special tax is authorized to be levied within Communhy Facilities District No. 1, Annex2 No. 94/95-1, which has now been officially formed, and the lien of the special tax is a contin lien which shall secure each annual levy of the special tax and which shall continue in force effect until the special tax obligation is prepaid, permanently satisfied and canceled in accord with law or until the special tax ceases to be levied and a notice of cessation of special ti recorded in accordance with Section 53330.5 of the Government Code. The rate and method of apportionment of the authorized special tax is as shown on the attac referenced and incorporated Exhibit "A", and the special tax shall be collected in the same ma as ordinary ad valorem property taxes are collected and shall be subject to the same penalties the same procedure, sale and lien priority in case of delinquency as is provided for ad valc taxes. Conditions under which the obligation to pay &e special tax may be prepaid permanently satisfied and the lien of the special tax canceled are as follows: e 0 1348 r % Any special tax for public capital facilities may be prepaid and satisfied by the paymer the maximum present value of the special tax obligation. Notice is further given that upon the recording of this notice in the office of the County Recor the obligation to pay the special tax levy shall become a lien upon all non-exempt real prop within the District in accordance with Section 3115.5 of the Streets and Highways Code. The names of the owner(s) of the real property included within the Community Facxties Dis as they appear on the last secured assessment roll as of the date of recording of this Notice and Assessor's tax parcel(s) numbers of all parcels or any portion thereof which are included within territory to be annexed to this Community Facilities District are as set forth on the attac' referenced and incorporated Exhibit "E". Reference is made to the following: 1. Notice of Special Tax Lien recorded on May 20, 1991, Document No. 91-236959 i27 office of the County Recorder for the County of San Diego, State of California. Boundary map of the original Community Facilities District recorded at Book 24, Pa -7 56 Document No. 90-674118, Maps of Assessment and Community Facilities Distric the office of the County Recorder for the County of San Diego, State of California. Boundary map of the Future Annexation Area District recorded at Book 27, Page - office of the County Recorder for the County of San Diego, State of California. Boundary map of the Annexation Area No. 94/95-1 recorded at Book 28 , Page - Document No. 94-446909 , Maps of Assessment and Community Facilities Districts k office of the County Recorder for the County of San Diego, State of California. For further information concerning the current and estimated future tax hbility of ownel purchasers of real property subject to this special tax lien, interested persons should contac following designated person: 2. 3. Document No. 93-220163, Maps of Assessment and Community Facilities Districts h 4. Finance Director City of Carlsbad 1200 Carlsbad Village Drive Carlsbad CA 92008 Telephone: (619) 434-2867 %,/& Date State of California 0 0 4 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 subject to ANNUAL SPECIAL TAXES as applicable based upon the rates as es for the original Community Facilities District No. 1 and further based property Categories, maximum tax rates, increases and status of the iss bullding permits, all as hereinafter set forth. Improvement Area I refer properties within the boundaries of the City of Carlsbad Bridge and Tho District. Improvement Area I1 is for all remaining properties within the 1 Facilities District, not within the Bridge & Thoroughfare District. RESIDENTIAL PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable property prior to the issuance of a building permit shall be s the following maximum annual special taxes, subject to increases as 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.GO Residential hedium 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 1 to the following described SPECIAL DEVELOPMENT TAX - ONE TIME, also E increases as set 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 , 835.00 Residential Medium 2,810.00 2,312. OC Residential Medium to High 2,810.00 2,312.00 Residential High 2,810.00 2,312.00 0 0 COPSHERCIAL, INDUSTRIAL AND OTHER PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY ~11 taxable Commercial and Industrial Prqerty prior to the issuance of a k permit shall be subject to the following maximum annual special taxes, also to increases as set forth herein: MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT AREA I1 Commercial Property $ 2,400.00 $ 1,600.00 960.00 AREA I Industrial Property 1,200.00 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 t 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 I!: 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 Campground 17 - 51 4.99 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 Grocery Store 7.78 2.56 S Ei 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 6.31 2.52 Auto Car Wash 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 4 13; IMPROVEMENT IMPROVEMENT COMMERCIAL USE DESIGNATIONS AREA I AREA I1 Hotel - Conv. Fac/Comm. 3.47 2.52 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 Auto - Repair & Sales 3.41 1.58 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 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 exceed 13.81% of the authorized “Maximum Special Development Tax - One Timt various commercial and Industrial Property categoriea as set forth ab07 amount applicable and annually adjusted for each Fiscal Year. ANNUAL TAX INCREASE The above SPECIAL TAXES for the taxable properties are applicable for t year 1990/91, and are all subject to annual increases to reflect inc construction costs. The Construction Cost Index of the Engineering Ne titled “ENR Cost Indexes in 22 Cities” will be used. The Index publish( month of April for the City of Los Angeles under the column heading of “ Change from Last Year” will annually inflate each of the Maximum Annual each year for properties as follows: 0 e 13*52 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 fa funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has be however, the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not be levie 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 sc any annual special tax. Commercial & Industrial: The Commercial and Industrial properties, upon the issuance of a buildinc have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) ac ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. Upon the is: 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 65% to Residential property, 35% to Commercial & Industrial property. 'I costa 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 othe 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, intc other costs, including sinking fund payments for future construction as appl 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 collected from Special Development Tax - One Time levied against re properties. SECOND: The remaining funds needed are to be collected by th 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. 13 0 0 ' 1' Commercial and Industrial: Determine monies necessary to make payment on bond debt service, replenish call bonds, pay bonds and Community Facililies District No. 1 administratic and pay for current or future public capital facilities. FIRST: Reduce thj by the funds collected from Special Development Tax - One Time and annual Tax - Developed Property levied against commercial and industrial prc SECOND: Levy the annual Special Tax - Undeveloped Property on undevelopec commercial and industrial acreage in the proportional amounts for each category a5 required, not to exceed the maximum tax. X** 0 0 '.>, 13.34 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 EXHIBIT "B" PROPERTY OWNER NAME AND ASSESSOR'S PARCEL NUMBERS Property Owner: Carlsbad I Memorandum of Option - Poinsettia Hill Limited Assessois Parcel Number: 215-020-01 .. .~ - .. ! ! ! ~. ! !. .. .. i \ '. <' -"-- ,:~ .. ; ~y.gpJ fmica- ! ! 0 Po p3. ' , ' ~~~.' .*.~*-. ~# ! 1 .. ~. . ~. .. ,. .. .. .~ .~ .. .. .. .. .. -. / r N895743"E \ \ .: I., ~. . \ / \, --_i_ 1348.2 - 00 0 r- 7 r F 0 3 - - - 0 0 z P N8954'45"E i348.3