HomeMy WebLinkAbout1994-08-16; City Council; 12833; COMMUNITY FACILITIES DISTRICT NO. 1 ANNEXATION NO. 94/95-2, LA TERRAZA ASSESSORS PARCEL NO. 215-020-157 AB # k?!Bz.? TITLE:
MTG. gmj6@?q L
COMMUNITY FACEJTIES DISTRICT NO. 1
ANNEXATION NO. 94/95-2, LA TERRAZA
DEPT. FIN ASSESSORS PARCEL NO. 215-020-15 5~/ 93-k
DEPl
CITY
CITY
3
<
z 0 F 0 a s z 3 8
C@' OF CARLSBAD - AGEMA BILL Y'l' ' 2<x -
RECOMMENDED ACTION:
Adopt Resolution N0.9J-23~ authorizing consent and election to annex to an existi
Community Facilities District and approval of the boundary map.
Adopt Resolution No.qq-8g certifying and adding property to an existing Commun
Facilities District.
ITEM EXPLANATION:
Backnound
Property owners of vacant land in Carlsbad and the City worked together to fc
Community Facilities District (CFD) No. 1. The CFD provides funding for a variety
infrastructure projects which will be necessary to meet the requirements of the Gror
Management Program. Council formed CFD No. 1 in 1991, fobwing an election
property owners for a special tax to be levied upon their property to fund constructior
acquisition of the capital projects.
The Carlsbad philosophy is that CFD financing should be used to finance facilities that
City-wide in obligation and benefit. A CFD is not intended to relieve any property ow
of the responsibility to provide funding for infrastructure improvements related to 1
development. No homeowner in Carlsbad is affected by a City CFD because our guidel'
ensure that the obligation on a residential unit is paid in full when the building perm
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 developn
process. With the exception of the more developed areas, each zone plan requires ei
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
allows development to proceed without additional public hearings or special elections.
simplified annexation procedure lets property owners administratively petition to annex
CFD No. 1. Upon Council approval, property will be annexed into CFD No. 1, thus fulfil
their obligation for certain public facilities.
Annexation No. 94/95-2 - La Terraza (formerly the Villas)
In November 1993, the City of Carlsbad acquired real property at 9156 El Camino Re;
the purposes of developing the La Terraza (formerly the Villas at El Camho R
Affordable Housing Project. A condition of approval to develop the property is annex:
into CFD No. 1. The City of Carlsbad is required to complete the Consent and Electic
Annex Property into CFD No. 1 (Exhibit 1) and accept the boundary map showing the
to be annexed (Exhibit 2).
6 I 0 0
,
PAGE TWO OF AGENDA BILL NO. I& 8-33
8.
Council may formally authorize the annexation by certifying and adding the propeq
the original Community Facilities District. After Council authorization, a Noti
Annexation (Exhibit 4) will be filed with the County Recorder as a lien against the pro
As the City is the property owner for the La Terraza Affordable Housing Project.
recommends waiving the $480 annexation fee.
Aviara Land Associates Limited (Aviara) also signed the Consent and Election form
they have an ownership interest in the property. In the event that the City does not dc
the property for affordable housing within a certain period of time, Aviara retained a
tern exclusive option to purchase the property from the City.
FISCAL IMPACT:
When CFD No. 1 was established, it was anticipated that all vacant, undevelor
underdeveloped land would annex as it developed, thus providing the necessary cas
to finance the construction of certain public facilities. La Terraza is the third propc
request annexation into CFD No. 1 in order to fulfill its growth management oblil
Through the use of the simplified annexation procedure, the City is able to avoid el
costs and additional time delays by administrative actions.
The La Terraza project will provide 344 affordable housing rental units in the sou’
quadrant of the City. The property will be subject to CFD No. 1 special taxes he1
upon annexation. The rates for property annexed in fiscal year 1994-95 are shc
Exhibit 6. Be-g in fiscal year 1995-96, the property will be subject to the z
special tax on undeveloped property; however, it is not expected that the tax P
assessed as La Terraza is scheduled for construction in fiscal year 1994-95.
The project will generate $1,060,000 in CFD one-time special development taxes. In
1994, Council authorized payment of development fees upon certificate of occupa
this affordable housing project. CFD one-time special development taxes will be i
from the project‘s bank construction financing. The projected payment date is May
EXHIBITS:
1. Resolution No. 9 q-2 , authorizing consent and election to annex to CFD No. 1
2. Consent and Election to Annex Real Property to an Existing Community Fi
District.
3. Boundary Map of the area to be annexed.
4. Notice of Annexation.
5. Resolution No. ?q*’!!ertifying and adding property to an existing CFD.
6. Community Facilities District No. 1 1994-95 maximum tax rates.
37
6
1
2
3
4
5
6
7
a
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT 1 0 e
RESOLUTION NO. 94-237
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING CONSENT AND
ELECTION TO ANNEX PROPERTY TO AN EXISTING COMMUNIN
FACl LIT1 ES Dl STRl CT
WHEREAS, the City Council of the City of Carlsbad, California, ha
previously formed a Community Facilities District pursuant to the provisions of th
"Mello-Roos Community Facilities Act of 1982." The existing Community Facilitie
District being designated as COMMUNITY FACILITIES DISTRICT NO. 1 (hereinaftc
referred to as the "District"); and
WHEREAS, the City Council has also established a simplified procedui
to allow and provide for future annexations to the original District and the area.
be annexed was included in the COMMUNITY FACILITIES DISTRICT NO,
FUTURE ANNEXATION AREA; and
WHEREAS, the City of Carlsbad is the owner of real property at 9156
Camino Real (Assessors Parcel No. 215-020-15) which is approved 1
development of 344 affordable housing units which will benefit members of t
public who are eligible for low and moderate housing; and
WHEREAS, as a condition of development the property is required I
annex into the District; and
WHEREAS, the boundary map showing the property to be annexec
hereby approved by the City Council of the City of Carlsbad.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Cit
Carlsbad, California, as follows:
1.
2.
The above recitals are all true and correct.
That the City of Carlsbad consents and elects to annex
property to an existing Community Facilities District.
/I/
i
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
0 0
3. That the Mayor is authorized to execute the Consent and Electio
to Annex Real Property to an Existing Community Facilities District; and.
4. That the Annexation Fee is hereby waived.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbz
City Council on the 16th day of AUGUST , 1994, by the following vote, to w
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard,
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTEN (SEAL)
I
20
21
22
23
24
25
26
27
28
I
Ex X,' ' c. 0 e
CONSENT AND ELECTION TO ANNEX REAL PROPERTY To AN EWl'ING COMMUNITY FACILitlES DIStT;tlCT
ClpI OF CARLSAD
COMMUNITY FACItlTIES DISTRICT NO, 1
TO: LEGISUTNE BODY COMMUNITY FACILlTlES DISTRICT NO. 1
1. The undenignsd is the owner, or duly authorized repmqentative of said ou the pmperty a8 shown cm the attached map { the "bwnef'), and Is the appi
person with legal authorization to sign this consent, vote and ekctlon ta
The Wnef is awam of and understands the faliowing:
A.
prOpO$f to the DlSfi&.
2.
The City of Carlsbad has conduetted pmceedfngs pursuant to the Roo8 Camrnunity Faciilffes Act of 1982" (Gwemment Code 9533 fdlfiwfng) (the "Act") to fam a community fadiitfss diW?t knau ddgnaled as COMMUNITY FACftlTTES DISTRICT NO, 1 (the "P ftrr purposes of the construction, installation and financing of majoi capital facifitiss to SBN~ and benefit properties within the boundatie!
DiSttkt.
Proceedings hive ais0 been authorized to allow annexation of pro1
the future to said Dlstrtct: hawever, any futum annsxatian is cane
upon the unanimous conaent of the owner or owners of each pz parcels at the time af the proposed annexation.
that the Owner is the owner of property subjact to annexation as sa
is shown on a map attached hereto, rekrenced and incorporated, and designbaed as the ANNEXED AREA.
8,
C,
WE UNDERSIGNED DOES HERE3Y CERTIFY UNDER PENALTY OF PERJU
FOLLOWS:
3. The Owner does consent to and approve the annexation of the Annexsd
the Diatrict withaut any additional further public hearings and without any
election requirements. The Owner fufiher waives the rigbt to pratest. obJE
initiate legal proceedings challenging the vatidiw of the following:
Pagr
SENT BY:CRRLSBRD HSG AND RED : S- 2-94 3:00PM : 72020a7+ 519 931 7950:r 3
i
I Pmc0edings for the formatton of the District w Pruawdings to annex property In the future 1 Speeitlc annexafian procdings fat the Annexed Area
The Owner specifkaiiy authorire the Iwy of the pwiwsiy approved special
taxca on all properth within the boundaries of the Annexed Area to pay for the authorked public capital faciftiies andhr to aaskt in the payment for banded
indebtedness of the Community FadiWes Diatict,
day taf 1 19 +, In
Claude A. Lewis, Mayor
(Type or print name of stgner)
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership
By: Aviara LymCompany, a Delaware -cox.pqrat on, General Partner I -- Q/----f.~ e pi~--*~
D.L. CfWmens, Vice President (Optionee)
(Signatur8)
Notm Ana:
(Type uf print name UT signer)
(Optionee)
(If additional signature are required, piease attach additional pages,)
Page 2of 3
6
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) I 1
On August 18, 1994 , before me, Karen R. Kundtz, As:
, personally known to me (w-
torrte~-dke~hsis-eF-fit~ifCa€.~~-~~~~) to be the person@) whose n
is/bPe subscribed to the within instrument and acknowledged to tnc
he/ske/dbey executed the same in his/kp/dkei-p authorized capacitykM) 9 at
by his/beP/kkeiy-signature(s+ on the instrument the person(+ , or the entii
behalf of which the person@) acted, executed the instrument.
Witness my hand and official seal
City Clerk, personally appeared Claude A. Lewis, Mayor -------------
..........................................
Sf% .ENT-TZ, istant City Clerk City oE' Carlsbad
(SELL)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT a
STATE OF CALIFORNIA 1
QU COUNTY OF ) /
7 .m M/Y€ kA&Ey 0 qbefore me, THLtZlY 4 -
NAME, TITLE OF OFFICER - E G , "JANE DOE, NOTARY PUBLIC'
/
ce) to be the person@) whose nar personally known to me (1
subscribed to the wlthin instrument and acknowledged to me that he/- executed the same in his/m
capacity(&), and that by his/he&t=&r signature(+ on the instrument the person(*, or the entity upon behalf o person(* acted, executed the instrument.
WITNESS my hand and official seal.
personally appeared, J. c . eLgAcN 9
-
pm G* SEAL)
NOTARY PUBLIC SIGNATURE
t 1 OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES a DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
I . .. e 0
* CERTlFlCATON OF PROJECT MANAGER
The undersigned is tne duiy appoint& and acting PROJECT MANAGE
proceedings relating to the annexatfen of propem to the District.
That on the <*'J day af 64 4 19 .FY, I did raviw the sigi cantained on the CONSENT AND &ECTION TO ANNEX REAL PROPER7
EXISTING COMMUNITY FACILITIES DIStRICT, and henby cemy and
failow:
1, That 1 caused said Cansent and Elmion to be examined, and my ex revealed that mid Consent and Election had beun signed by all quailfia
Of the pmpB& propasad ta be annexed to the biatrtct cx their duly a
rspreserntati\rea, and that said penons were the authorized psrrjons ti
behalf af the ownem or the property within the boundaries of the
prrrpcrsad to be annexed to the Dlsttfct.
That said Cansent and Electfan did cantain #e signatures representing all of the qualfied electors within the property pmposed to be annexP
EXECUTED~M /S dayof w j 19 FY', at Carisbad, c
2.
oirrtrlct.
MI," FINANCIAL SERVICE ADMINISTRATOR - CF
F m?
CHERYL E. %,LEN, ASST. FlNANCE DM PROJECT MA
CARLSBAD, CALIt
Peg
-0
0 N
I I I I --A I I I I I
I I
I I ---I I
Id
I- I ----I I I
1% -5; 3 -1 I I I I I
1%
I
I I I I I
I I I I
I I I I I
80LLLl 1 ______ 2 ____ _____ _rn.L'L?"oN ______ __I_--
,
EXHIBIT 4
0 0 ..
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
53339.8 of the Government Code, the undersigned CITY CLERK of the legislative body of tl
OF CARLSBAD, COMMUNITY FACILITIES DISTRICT NO. 1, ANNEXATION NO. 94/95-2 ,
OF CALIFORNIA, HEREBY GIVES NOTICE that a lien is hereby imposed to secure payme
special tax which the City Council of the City of Carlsbad, County of San Diego, State of Cal
is authorized to annually levy for the following purpose:
To pay for certain public capital facilities, including the payment of principal and i
on bonds, said facilities generally described as the construction and installation or pi
of the following:
I. Public facilities generally described as new library facility, a major addj
an existing library building, a City Hall complex, and the addition of office and war
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
FARADAY AVENUE, CANNON ROAD, LA COSTA AVENUE, OLIVENHAIN ROAD/W
SANTA FE ROAD and LEUCADIA BOULEVARD.
IV. Major bridge and overpass facilities generally described as the LA
INTERCHANGE, POINSETTIA LANE INTERCHANGE and PALOMAR AIRPORT
INTERCHANGE.
The special tax is authorized to be levied within Community Facilities District No. 1, Anne
No. 94/95-2 , which has now been officially formed, and the lien of the special tax is a cont
lien which shall secure each annual levy of the special tax and which shall continue in for
effect until the special tax obligation is prepaid, permanently satisfied and canceled in acco
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 n
;is ordinary ad valorem property taxes are collected and shall be subject to the same pcnalti
the sziine procedure, sale and lien priority in case of delinquency as is provided lor ad vi
taxes. Conditions under which the obligation to pay the special tax may be prepaj
permanently satisfied and the lien of the special tax canceled are as follows:
3 e 1)
-.
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 Rec
the obligation to pay the special tax levy shall become a lien upon all non-exempt real pr
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 r
as they appear on the last secured assessment roll as of the date of recording of this Notice a
Assessor's tax parcel(s) numbers of all parcels or any portion thereof which are included with:
territory to be annexed to this Community Facilities District are as set forth on the att
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
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, 1 - 56 , Document No. 90-674118, Maps of Assessment and Community Facilities DisD
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, Pagc
Document No. 93-220163, Maps of Assessment and Community Facilities Districts
office of the County Recorder for the County of San Diego, State of California.
Boundary map of the Annexation Area No. 94/95-2 recorded at Book , Pagc
Document No. , Maps of Assessment and Community Facilities Districts
office of the County Recorder for the County of San Diego, State of California.
For further information concerning the current and estimated fukre tax liability of ow
purchasers of real property subject to this special tax lien, interested persons should cont:
following designated person:
2.
3.
4.
Finance Director
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad CA 92008
Telephone: (619) 434-2867
& 8 /7: /7?y
Date Q!
CITY CLERK
City of Carlsbad
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
AREA I AREA I1 PROPERTY CATEGORY
Residential Low $ 281.00 $ 277.00
Residential Low to Medium 772.00 760.00
Residential Medium 1,294.00 1,217.00
1,984.00 1,868.00 Residential Medium to High
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 ae set forth herein, as follows:
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER
RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
AREA I AREA 11 PROPERTY CATEGORY
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
'I 0 0 _..
COMMERCIAL, INDUSTRIAL AND 0TBE;R 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, als
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 buildin1
shall have the Option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIL
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
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
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
Community Shopping Center 4.24 1.80
Library 4.26 2-86
Hospital - General 3-88 3-18
4 e 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
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
IMPROVEMENT IMPROVEMENT
INDUSTRIAL USE DESIGNATIONS AREA I AREA I1
He1 iport s $ 10.63 $ 3.67
Park 2.14 1.51
Industrial-Commercia1 Businese
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
exceed 13.81% of the authorized "Maximum Special Development Tax - One Tin
various Commercial and Industrial Property categories as set forth abc
amount applicable and annually adjusted €or 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 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 'I
Change from Last Year" will annually inflate each of the Maximum Annual
each year €or properties as follows:
T 0 0
1 -.
A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of the
above-referenced increase.
€3. 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
funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has 1
however, the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not be lev
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) a
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. '
coBts 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 othc
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 administrati1
and pay €or public capital facilities. FIRST: Reduce this amount by t
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.
7 0 0
1-
-
Commercial and Industrial:
Determine monies necessary to make payment on bond debt service, replenis
call bonds, pay bonds and Community Facililies District No. 1 administrat
and pay for current or future public capital facilities. FIRST: Reduce t
by the funds collected from Special Development Tax - One Time and annu
Tax - Developed Property levied against commercial and industrial F
SECOND: Levy the annual Special Tax - Undeveloped Property on undevelop
commercial and industrial acreage in the proportional amounts for eacl
category as required, not to exceed the maximum tax.
***
* 0 0
*' *
-
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
EXHIBIT "B"
PROPERTY OWNER NAME AND ASSESSORS PARCEL NUMBERS
Property Owner: City of Carlsbad
Assesso2s Parcel
Number: 215-020-15
U
2.
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
e 0 EXHIBIT 5
RESOLUTION NO. 94-238
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, CERTIFYING AND ADDING
PROPERTY TO AN UISTING COMMUNITY FACILITIES
DISTRICT
WHEREAS, the CITY COUNClLof the CITY OF CARLSBAD, CALlFORNli
(hereinafter referred to as the "legislative body of the local Agency"), hz
previously formed a Community Facilities District pursuant to the provisions of tt
"Mello-Roos Community Facilities Act of 1982', being Chapter 2.5, Part 1, Divisic
2, Title 5 of the Government Code of the State of California, said Article 3
thereof. The existing Community Facilities District being designated 2
COMMUNITY FACILITIES DISTRICT NO. 1 (hereinafter referred to as the "District'
and
WHEREAS, the legislative body has also established a procedure
allow and provide for future annexations to the original District and the arc
proposed to be annexed in the future was designated as COMMUNITY FACILITIE
DISTRICT NO. 1, FUTURE ANNEXATION AREA (hereinafter referred to as tt
"Future Annexation Area"); and
WHEREAS, at this time the unanimous consent of the property owner
owners of certain specific territory proposed to be annexed has been receive
and said territory has been designated as ANNEXATION NO. 94195-2 (hereinafl
referred to as the "Annexed Area"); and
*I
WHEREAS, the map showing the specific territory to be annexed ai
designated as the Annexed Area as submitted is hereby approved by tt
legislative body.
//I
Ill
Ill
%
re > .
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 0
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. The above recitals are all true and correct.
ANNEXATION CERTIFICATION
SECTION 2. That this legislative body does hereby determine an(
declare that the territory subject to annexation, being the Annexed Area, is nov
added to and becomes a part of the District.
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 ani
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, sai
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 i
follows: 1’
A. That the unanimous consent to the annexation as submitted by tt
property owners is hereby certified and approved and shall be kept on file in tt
office of the Election Official.
B. The legislative body is hereby empowered to levy the authorizt
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
Ill
P
J'
*
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, notice
shall be given as follows:
A. A copy of the annexation map as approved shall be immediately, and
at least within fifteen (1 5) days of adoption of this Resolution, filed in the office 01
the County Recorder.
8. Also within said fifteen (15) days, an amendment to the Notice o
Special Tax Lien (Notice of Annexation) shall be recorded in the office of thr
County Recorder.
PASSED, APPROVED AND ADOPTED at a regular meeting of thc
Carlsbad City Council on the 16th day of AUGUST , 1994, by the followin!
vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard,
NOES: None
ABSENT: None
ATTEST: I
ALETHA L RAUTENKRANZ, City Clerk (SEAL)
RESIDENTIAL UNDEVELOPED LAND USE: PER NET ACRE PER NET ACRE RESIDENTIAL LOW (RL) $294.51 57 $305.051 2
RESIDENTIAL LOW MEDIUM (RLM) 809.1 322 838.0767
RESIDENTIAL MEDIUM (RM) 1,356.2396 1,404.7555
RESIDENTIAL MEDIUM HIGH (RMH) 2.079.4277 2.1 53.81 37
RESIDENTIAL HIbH (RH) 2.927.3395 3,032.0573
F
-
NON-RESIDENTIAL UNDEVELOPED LAND USE: PER NET ACRE PER NET ACRE COMMERCIAL PROPERTY $2.51 5.4367 $2,605.41 98
INDUSTRIAL PROPERTY 1,257.71 a4 1,302.7099
I
RESIDENTIAL PROPERTY UNDEVELOPED LAND USE: PER NET ACRE PER NET ACRE'
$soo.7oas RESlDENTiAL LOW (RL) $290.3233
RESlDENnAL LOW MEDIUM (RLM) 796.5550 825.0496
RESlDENnAL MEDIUM (RM) 1,275.5361 1,321.1 650
RESlDENTlAL MEDIUM HIGH (RMH) 1,957.8483 2,027.8851
RESlDENnAL HIGH (RH) 2,870.7422 2,973.4353
NON-RESlDENTlAL UNDEVELOPED LAND USE: PERNETACRE
COMMERCIAL PROPERTY $1,676.9578 INDUSTRIAL PROPERTY 1,006.1 747
PERNETACRE
$1,736.9465
1.042.1 679
1884 - 85
TAX RATE FOR FISCAL YEAR TAX RATE FOR FISCAL YEAR
FY 04-85 -n 1884 - 85
RATE IF
ANNEXED
RESIDENTIAL DEVELOPED LAND USE:
RL (0 - 1.5 DUIAC)
RLM (1.51 TO 4.0 OUIAC)
RM (4.1 TO 8.0 DUIAC)
RMH (8.1 TO 15.0 OUIAC)
RH (15.1 TO 23.0 OUIAC)
PERDU PERDU EH 2.423.2041 2,509.8877
54.019.4583 54.163.2437
4.018.4583 4.163.2437
2,423.2041 2.508.8877
2,423.2041 2.508.8877
PERDU PERDU PERDU
54,666.1352 $4.833.0537 $4,885,8388
4.866.1352 4.833.0537 4,885.6388
2,945.1572 3.050.5123 3.083.7028
2.945.1572 3,050.5123 3.083.7029
2.945.1572 3.050.5123 3.083.7028
t a-
I(--- m-
-B 9 1
my- g 2 8*u&--z';L$ &Jb 9 $f"--V=.=d &&WNO RWMD m,
* 1 - 8-&@i2- g 994 WHEN RECORDED, RETURN TO:
?.-."a, -?--."?%-I $fFii.i%: &L.L!&!: 4 CITY CLERK
.?1 "TC:-.' yniik,fr'f REI swbj iJlL3ii A,.
bRf:-i:., &, .-.:rj.finy 'qi~H ~ rp::$TV ,&ji,! j r. &C[ CITY OF CARLSBAD
1.2 qfi FEES: RF: a -0 .., Y is, 00 i;i; E 1. $0
'7
1200 CARLSBAD VILLAGE DRIVE 1116
CARLSBAD, CA 92008 $p :
, , n 7. !.& ilti --
i L'. L'Y i.:;
AMENDMENT TO THE NOTICE OF SPECIAL Tk 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. 94/95-2 , SI
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 Califo
is authorized to annually levy for the following purpose:
To pay for certain public capital facilities, including the payment of principal and intl
on bonds, said facilities generally described as the construction and installation or purc
of the following:
I. Public facilities generally described as new library facility, a major additic
an existing library building, a City Hall complex, and the addition of office and wareh
facilities at the public safety center. ,,
11. Park improvements generally designated as the MACARIO CANYON PARI
111. Major street improvements in portions of the following designated public str
FARADAY AVENUE, CANNON ROAD, LA COSTA AVENUE, OLIVENHAIN ROAD/RAN
SANTA FE ROAD and LEUCADIA BOULEVARD.
W. Major bridge and overpass facilities generally described as the LA CC
INTERCHANGE, POINSETTIA LANE INTERCHANGE and PALOMAR AIRPORT R
INTERCHANGE.
The special tax is authorized to be levied within Community Facilities District No. 1, Annex;
No. 94/95-2 , which has now been officially formed, and the lien of the special tax is a contir
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 t
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 mz
as ordinary ad valorem property taxes are collected and shall be subject to the same penaltie:
the same procedure, sale and lien priority in case of delinquency as is provided for ad Val
taxes. Conditions under which the obligation to pay the special tax may be prepaid
permanently satisfied and the lien of the special tax canceled are as follows:
* 1717 e .
,
Any special tax for public capital facilities may be prepaid and satisfied by the paper
the maximum present value of the special tax obligation.
Notice is further given that upon the recording of &s nodce in the office of the County Recor
the obligation to pay the special tax levy shall become a lien upon all non-exempt real pro1
within the District in accordance with Section 3115.5 of the Sbeets 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 anc
Assessor's tax parcel (s) numbers of all parcels or any portion thereof which are included within
temtory to be annexed to this Community Facilities District are as set forth on the attac
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 i:
office of the County Recorder for the County of San Diego, State of California.
Boundary map of the original Cornmdty Facilities District recorded at Book 24, Pi
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
Document No. 93-220163, Maps of Assessment and Community Facilities Districts 1
office of the County Recorder for the County of San Diego, State of California.
Boundary map of the Annexation Area No. 94/95-2 recorded at Book 28, Page
Document Now* 5- Maps of Assessment and Community Facilities Districts
office of the County Recorder for the County of San Diego, State of California.
2.
& Document NO. 90-674118, Maps of Assessment and Community Facilities Distri
3.
4.
For further information concerning the current and estimated future tax liability of own
purchasers of real property subject to this special tax lien, interested persons should conta
following designated person:
Finance Director
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad CA 92008
Telephone: (619) 434-2867
CITY CLERK
City of Carlsbad
State of California
e lw
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
EXEIBIT "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
building 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
Facilities District, not within the Bridge & Thoroughfare District.
RESIDEWTIAL 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 I
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 High 2 , 793.00 2 , 739 .OO
Residential Medium to High 1,984.00 1,868.00
SPECIAL DEVELOPMENT TAX - ONE TIME
Upon the issuance of a building permit, all Residential properties shall k
to the following described SPECIAL DEVELOPMENT TAX - ONE TIME, also s
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 .OO
0 1719
e
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 building
shall have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIM
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 fo:
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 1180
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
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
Uaiver s ity 2.26 1.91
Junior College 2.19 1.90
All other Commercial Properties 2.14 1.44
not indentif ied above
IMPROVEMBNT INPROVEMENT
INDUSTRIAL USE DESIGNATIONS AREA I AREA I1
He 1 iport s $ 10.63 $ 3.67
Industrial-Commercia1 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 Time
various Commercial and Industrial Property categories as set forth abov
amount appiicable 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 Neb
titled "ENR Cost Indexes in 22 Cities'' will be used. The Index publishe
month of April for the City of Los Angeles under the column heading of "E
Change from Last Year" will annually inflate each of the Maximum Annual
each year €or properties as follows:
..
J781 * 1)
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 su
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) as
ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. Upon the iss
any building permit, no further increase or escalation is authorized.
ALLOCATION OF COST AM) TAX
Total capital costa for all authorized facilities shall be allocated as
65% to Residential property, 35% to Commercial & Industrial property. T
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 othe
including sinking fund payments €or 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, inte
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 I
collected from Special Development Tax - One Time levied against re
properties. SECOND: The remaining funds needed are to be collected by thi
the annual Special Tax - Undeveloped Property on undeveloped taxable re
acreage, in the proportional amounts €or each property category as require1
exceed the maximum authorized tax.
. 6782 0 e .la
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 th
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 as required, not to exceed the maximum tax.
**X
e e ., I' .
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
EXHIBIT "B"
PROPERTY OWNER NAME AND ASSESSORS PARCEL NUMBERS
Property Owner: City of Carlsbad
Assessor's Parcel
Number: 215-020-15
August 30, 1994
F. Mackenzie Brown
BROWN, DIVEN & HENTSCHKE
12770 High Bluff Dr., Suite 240
San Diego, CA 92130
ANNEXATION NO. 94/95-2
Enclosed are copies of the following documents in connection with the above-
referenced annexation to Carlsbad’s Community Facilities District No. 1 :
1,
2.
3.
If you have any questions, or require additional information, please don’t hesitate tc
call.
L dah RAU ENKRANZ, CMC
City Clerk
Ir
Enc. (3)
Copy of the completed Certificate of Compliance with Notice Requirements.
Copy of the recorded Amendment to the Notice of Special Tax Lien.
Copy of the recorded Boundary Map.
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 4344
6 0
CERTIFICATE OF COMPLIANCE
WITH NOTICE REQUIR&PIENTS
COMMUNITY FACILITIES DISTRICT NO. 1
FUTURE ANNEXATION AREA
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CAFUSBAD
The undersigned, under penalty of perjury, CERTIFIES AS FOLLOWS:
The undersigned is now, and at all times mentioned herein was, the duly q-i
and acting CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA, and as such, accon
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 €or annexation to the original Community Facilities Disti
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 /I;44 day of 8~6~
19a.
RECORDING
That the BOUNDARY MAP of the Annexed Area was filed in the Office of thc
Recorder within fifteen (15) days of certifying and adding property to the
Community Facilities District, said recordation being accomplished on the 1-
of fiq G4S-i- , 19H.
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 accompli8hd on the ITfth day of /3q t Lcs'i- I 19w.
EXECUTED this ao&day of
CITY OF CARLSBAD
STATE OF CALIFORNIA
1 - 0
RWNB RW$$TED mi,
WHEN RECORDED, RETURN TO: 18-AUG-1994
DFFICNL RELORD sf# DI&U COUNTY EECOF'DE CITY CLERK
FREGOiiY SMITH 1 COUNTY CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRNE RF: 12.00 FEE CARLSBAD, CA 92008 FIF : 15.00 MF : 1.00 [F : is. 00 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
53339.8 of the Government Code, the undersigned CITY CLERK of the legislative body of t
OF CALIFORNIA, HEREBY GIVES NOTICE that a lien is hereby imposed to secure paym
special tax which the City Council of the City of Carlsbad, County of San Diego, State of Cz
is authorized to annually levy for the following purpose:
OF CARLSBAD, COMMUNITY FACILITIES DISTRICT NO. 1, ANNEXATION NO. 94195-2
To pay for certain public capital facilities, including the payment of principal and
on bonds, said facilities generally described as the construction and installation or I
of the following:
I. Public facilities generally described as new library facility, a major ad(
an existing library building, a City Hall complex, and the addition of office and wa
facilities at the public safety center.
11. Park improvements generally designated as the MACARIO CANYON P.
111. Major street improvements in portions of the following designated public
FARADAY AVENUE, CANNON ROAD, LA COSTA AVENUE, OLIVENHAIN ROAD/R
SANTA FE ROAD and LEUCADIA BOULEVARD.
IV. Major bridge and overpass facilities generally described as the LA
INTERCHANGE, POINSETTIA LANE INTERCHANGE and PALOMAR AIRPORT
INTERCHANGE.
The special tax is authorized to be levied within Cornunity Facilities District NO. 1, Anr
NO. 94/95-2 , which has now been officially formed, and the lien of the special tax is a COI
lien which shall secure each annual levy of the special tax and which shall continue in fc
effect until the special tax obligation is prepaid, permanently satisfied and canceled in acc
with law or until the special tax ceases to be levied and a notice of cessation of speck
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 a
referenced and incorporated Exhibit "A", and the special tax shall be collected in the same
as ordinary ad valorem property taxes are collected and shall be subject to the same penal1
the same procedure, sale and lien priority in case of delinquency as is provided for ad 1
taxes. Conditions under which the obligation to pay the special tax may be prep:
permanently satisfied and the lien of the special tax canceled are as follows:
* e 0
Any special tax for public capital facilities may be prepaid and satisfied by the pay
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 Rf
the obligation to pay the special tax levy shall become a lien upon all non-exempt real F
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
as they appear on the last secured assessment roll as of the date of recording of this Notice
Assessois tax parcel(s) numbers of all parcels or any portion thereof which are included wit
referenced and incorporated Exhibit "B".
Reference is made to the following:
1.
6 territory to be annexed to this Community Facilities District are as set forth on the ai
Notice of Special Tax Lien recorded on May 20, 1991, Document No. 91-236954
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 s Document No. 90-674118, Maps of Assessment and Community Facilities Dis
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, Pa
Document No. 93-220163, Maps of Assessment and Community Facilities District
office of the County Recorder for the County of San Diego, State of California.
Boundary map of the Annexation Area No. 94/95-2 recorded at Book a , Pa
Document Now- 5- Maps of Assessment and Community Facilities Districl
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 ov
purchasers of real property subject to this special tax lien, interested persons should cor
following designated person:
Finance Director
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad CA 92008
Telephone: (619) 434-2867
1AA * 17 /7?y Date &
A Pd CITY CLERK
City of Carlsbad
State of California
f 0 a
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 AL
subject to ANNUAL SPECIAL TAXES as applicable based upon the rates as
for the original Community Facilities District No. 1 and further base
building permits, all as hereinafter set forth. Improvement Area I re
properties within the boundaries of the City of Carlsbad Bridge and 'I
District. Improvement Area I1 is for all remaining properties within th
Facilities District, not within the Bridge & Thoroughfare District.
e property categories, maximum tax rates, increases and status of the
RESIDEPlTIAL PROPERTP
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
$ 3,835.00 Residential Low $ 4,452.00
4,452.00 3,835.00 Residential Low to Medium
2,810.00 2,312 .OO Residential Medium
2,810.00 2,312.00 Residential Medium to High
Residential High 2,810.00 2,312.00
t e 0
COMMERCIAL, INDUSTRIAL AND O!I'EER PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable Commercial and Industrial Property prior to the issuance of
permit shall be subject to the following maximum annual special taxes, a
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 Corran@rcial and Industrial Property, upon the issuance of a build
shall have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE 'I
assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY for a period of no1
twenty-five (25) years, generally in the amounts per property category as
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 h 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
Hospital - General 3.88 3.18
Community Shopping Center 4.24 1-80
0 0
IMPROVEMENT IMPROVEMENT
AREA I1 COMMERCIAL USE DESIGNATIONS AREA I
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
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
4
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-Commercia1 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 Yea1
exceed 13.81% of the authorized "Maximum Special Development Tax - One Ti1
mount applicable and annually adjusted for each Fiscal Year.
various commercial and Industrial Property categories as set forth ab(
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 Enqineering 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 'I
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
funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has
however, the ANNUAL SPECIAL, TAX - DEVELOPED PROPERTY shall not be le 4
period in exce68 of twenty-five (25) years per parcel.
Residential:
Once a building permit has been issued for Residential property and 1
DEVELOPMENT TAX - ONE TIME has been paid, the property no longer will be
any annual special tax.
Commercial & Industrial:
The Commercial and Industrial properties, upon the issuance of a build
have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2)
ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. Upon the
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
65% to Residential property, 35% to Commercial C Industrial property.
costs exclude costs of issuance as needed.
Residential property shall be taxed in an amount sufficient to meet the €
facilities, which tax will include costs of issuance, interest and o
including sinking fund payments for future construction as applicable.
Commercial & Industrial property shall be taxed in an amount sufficient
35% share of facilities, which tax will include costs of issuance, i
other costs, including sinking fund payments for future construction as aE
COLLEXTION OF ANNUAL TAX
Residential :
Determine monies necessary to make payment on bond debt service, repleni
call bonds, pay bonds and Community Facilities District No. 1 administra
collected from Special Development Tax - One Time levied against
properties. SECOND: The remaining funds needed are to be collected by
the annual Special Tax - Undeveloped Property on undeveloped taxable
acreage, in the proportional amounts for each property category as requi
exceed the maximum authorized tax.
and pay for public capital faciiities. FIRST: Reduce this amount b:
e e
Commercial and Industrial:
Determine monies necessary to make payment on bond debt service, replen.
call bonds, pay bonds and Community Facililies District No. 1 administri
by the funds collected from special Development Tax - One Time and anr
Tax - Developed Property levied against commercial and industrial
SECOND: Levy the annual Special Tax - Undeveloped Property on undevelc
commercial and industrial acreage in the proportional amounts for e2
category as required, not to exceed the maximum tax.
and pay for current or future public capital facilities, FIRST: Reduce
i
**x
e e C.
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
EXHIBIT "B"
PROPERTY OWNER NAME AND ASSESSORS PARCEL NUMBERS
#
Property owner: City of Carlsbad
Assessofs Parcel
NllIIlk 215-020-15
. ..
. . ..