HomeMy WebLinkAbout1996-11-05; City Council; 13881; COMMUNITY FACILITIES DISTRICT NO. 1 ANNEXATION NO. 96/97-1 RANCHO CARRILLO VILLAGES E, J AND K.*r ..
MTG. 11/05/96 ANNEXATION NO. 96/97-1
RANCHO CARRILLO VILLAGES E, J AND K
RECOMMENDED ACTION:
Adopt Resolution No.?& -363 certifying and adding property to an existing Cc
Facilities District.
ITEM EXPLANATION:
Property owners of vacant land in Carlsbad and the City worked together
Community Facilities District (CFD) No. 1. The CFD provides funding for a \
infrastructure projects which will be necessary to meet the requirements of th(
Management Program. Council formed CFD No. 1 in 1991, following an elc
property owners for a special tax to be levied upon their property to fund constr
acquisition of the capital projects.
The Carlsbad philosophy is that CFD financing is not intended to relieve any
owner of the responsibility to provide funding for infrastructure improvements r
a single development. No homeowner in Carlsbad is affected by a City CFD
our guidelines ensure that the obligation on a residential unit is paid in full \
building permit is issued. No homeowner will pay City-imposed Mello-Roos taxe
Many Local Facilities Management Zones were not included in CFD No 1. An
proceedings were anticipated to occur as each zone progressed throi
development process. With the exception of the more developed areas, each zl
requires either annexation to the CFD or developer funding of all required faciliti
In April 1993, Council authorized future annexation of the remaining undevelol
into CFD No. 1. This action permits developers to use the simplified an
procedure and allows development to proceed without additional public he: special elections. The simplified annexation procedure lets property
administratively petition to annex into CFD No. I. Upon Council approval, pro]
be annexed into CFD No. 1, thus fulfilling their obligation for certain public facilii
Annexation No. 96197-1 - Rancho Carrillo Villages E, J and K
As a condition of approval for CT 95-06 and PUD 95-04, Rancho Carrillo Village
and K are required to annex into CFD No. 1. The applicant, Continental Homes
completed the required Consent and Election to Annex Property into CFD No. 1
2) and accepted the boundary map showing the proposed area to be annexed (E
3).CounciI may formally authorize the annexation by certifying and adding the pr
into the original Community Facilities District. After Council authorization, a Not
Annexation (Exhibit 4) will be filed with the County Recorder as a lien against thc
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Page 2 of Agenda Bill a, /3,2?w 0
FISCAL IMPACT:
When CFC No. 1 was established, it was anticipated that all vacant, undevl
underdeveloped land would annex as it developed, thus providing the news:
flow to finance the construction of certain public facilities.
The property being annexed has been approved for the development of IC
residential units and 181 single family detached units. The property will be !
CFD No. I Special Tax - Undeveloped Property beginning in fiscal year 1997
1997/98 levy is unknown at this time, however, using the 1996197 tax rates, thc
be approximately $58,000. The property is also subject to the CFD No. *
Development Tax - One-Time at the time of building permit issuance. Again,
1996197 tax rates, this tax is estimated at $1.2 million dollars.
Through the use of the simplified annexation procedure, both the City and the c
able to avoid election costs and additional time delays. A fee of $480
annexation processing, map preparation, and filing costs will be paid by the
I
owner.
EXHIBITS:
1. Resolution No.?& -JL9, certifying and adding property to an existing CFD.
2. Consent and Election to Annex Real Property to an Existing Community
District.
3. Boundary Map of the area to be annexed.
4. Notice of Annexation.
5. Community Facilities District No. I 1996-97 maximum tax rates.
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RESOLUTION NO. 96-367
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, CERTIFYING AND
ADDING PROPERTY TO AN EXISTING COMMUNITY
FAC I LIT1 ES D ISTRl CT
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD
CALIFORNIA, (hereinafter referred to as the "legislative body of the loa
Agency"), has previously formed a Community Facilities District pursuar
to the provisions of the "Mello-Roos Community Facilities Act of 1982,
being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code o
the State of California, said Article 3.5 thereof. The existing Cornmunit!
Facilities District being designated as COMMUNITY FACILITIE:
DISTRICT NO. 1 (hereinafter referred 80 as the "District"); and
WHEREAS, the legislative body has also established i
procedure to allow and provide for future annexations to the origina
District and the area proposed to be annexed in the future wa
designated as COMMUNITY FACILITIES DISTRICT NO. 1, FUTURf
ANNEXATION AREA (hereinafter referred to as the "Future Annexatior
Area"); and
WHEREAS, at this time the unanimous consent of the propert!
owner or owners of certain specific territory proposed to be annexed ha!
been received, and said territory has been designated as ANNEMTIOF
NO. 96197-1 (hereinafter referred to as the "Annexed Area"); and
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WHEREAS, the map showing the specific territory to be
annexed and designated as the Annexed Area as submitted is herebl
approved by this legislative body.
NOW, THEREFORE, BE IT RESOLVED by the City Council o
the'City of Carlsbad, California as follows:
RECITALS
SECTION 1. The above recitals are all true and correct.
AN N EXAT I 0 N C E RTI F I CAT I 0 N
SECTION 2. That this legislative body does hereby determint
and declare that the territory subject to annexation, being the Annexec
Area, is now added to and becomes a part of the District.
ANNEXATION AREA
That the boundaries and parcels of territoq
herein annexed and on which special taxes will be levied in order to pa!
for the costs and expenses of authorized public facilities is described a!
follows:
SECTION 3.
All that property annexed to the existing Community Facilitie:
District as said territory is shown on a map as herein approved by thi!
legislative body, said map designated by the number of the annexatior
and the name of the District, a copy of which is on file and shall remair
open for public inspection.
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FINDINGS
SECTION 4. That this legislative body does hereby furthe
determine as follows:
A. That the unanimous consent to the annexation a
sub-mitted by the property owners is hereby certified and approved an(
shall be kept on file in the office of the Election Official.
B. The legislative body is hereby empowered to levy thl
authorized special taxes within the Annexed Area to pay for the District'
public facilities. The property being annexed will be subject to a
applicable special taxes upon annexation. The Annual Special Tax
Undeveloped Property will commenw fiscal year 1997-98.
C. That the Annexed Area is formally added to and becomes l
part of the District.
NOTICE
SECTION 5. That immediately upon adoption sf thi
Resolution, notice shall be given as follows:
A. A copy of the annexation map as approved shall b
immediately, and at least within fifteen (15) days of adoption of thi
Resolution, filed in the office of the County Recorder.
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B. Also within said fifteen (15) days, an amendment to the
Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the
office of the County Recorder.
PASSED, APPROVED AND ADOPTED at a regular meeting 01
the'City Council on the 5th day of NOVEMBER, 1996, by the followinc
vote, to wit:
AYES: Council Members Lewis , Nygaard, Kulchin, Finnila
NOES: None
ABSENT: None
ATTEST: I I
KAREN && R. KUNDTZ, TE ssistant RANZ, City City Clerk Clerk (SEAL) :
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CONSENT AND ELECTION TO ANNEX REAL PROPERTY
TO AN EXISTING COMMUNITY FACILITIES DISTRICT
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
TO: LEGISLATIVE BODY
COMMUNITY FACILITIES DISTRICT NO. 1
1. The undersigned is the owner, or duly authorized representative of said owner, c
the property as shown on the attached map (the “Owner”), and is the appropriat
person with legal authorization to sign this consent, vote and elect to anne
property to the District.
The Owner is aware of and understands the following:
A. The City of Carlsbad has conducted proceeding pursuant to the “Mello-Roa
Community Facilities District Act of 1982” (Government Code Section 533 1
and following) (the “Act”) to form a ccmmunity facilities district known an
designated as COMMUNITY FACILITIES DISTRICT NO. 1 (the “District”
for purposes of the construction, installation and financing of major publi
capital facilities to serve and benefit properties within the boundaries of th
District.
2.
B. Proceedings have also been authorized to allow annexation of property in th
hture to said District; however, any hture annexation is conditioned upon th3
unanimous consent of the owner or owners of each parcel or parcels at thc
time of the proposed annexation.
C. That the Owner is the owner of property subject to annexation as said area i
shown on a map attached hereto, referenced and incorporated, marked ani
designated as the ANNEXED AREA.
D. That the map attached hereto shows the developable area pursuant to the Cit
General Plan land use, and includes all applicable Assessor’s parcel number
for the property being annexed.
E. The property being annexed will be subject to all applicable special taxes up01
annexation. The Annual Special Tax - Undevelopable Property will comencl
in fiscal year 7997- 1998 ,
Appendix D - Page 1
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THE UNDERSIGNED DOES HEREBY CERTIFY UNDER PENALTY OF PERJUR’I
AS FOLLOWS:
3. The Owner does consent to and approve the annexation of the Annexed Area to the
District without any additional krther public hearings and without any Ikrther election
proceedings challenging the validity of the following:
0 Pioceedings for the formation of the District
0 Proceedings to annex property in the future
0 Specific annexation proceedings for the Annexed Area
requirements. The Owner brther waives the right to protest, object to or initiatt
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4. The Owner specifically authorizes the Ievy of the previously approved special taxes on
all properties within the boundaries of the Annexed Area to pay for the authorized
public facilities and/or to assist in the payment for bonded indebtedness of the
Community Facilities District.
5. The Owner acknowledges the map attached and states that said map properly shows
the property to be annexed and the net developable acres per general plan land use.
EXECUTED this 9% day of D&L-, 19 9& , in sw &/e60 , California.
BW/b #* LtKe
Type or print name of signer.
)5ZGLi2/Br&
Siinature
Notary Area:
(If additional signatures are required, please attach additional pages.)
If the signer is signing of behalf of a corporation or partnership, a resolution passed by the
board of directors identifying the name(s) of authorized signers must be attached.
Appendix D - Page 2
CALIFORNIA ALL-PU &E ACKNOWLEDGMENT e
personally appeared
Name($ of Slgner(s)
Npersonally known to me
proved to me on the basis of satisfactory evidence
to be the person p whose name($@#e subscribed tc
within instrumen and knowledged to me tha@'$e/
executed the ame i&/tp5r/tW authorized capacity(
and that b&/tpelr signature# on the instrurnenl
personH, or the entity upon behalf of which the perso
acted, executed the instrument.
WITNESS my hand and official seal.
Though the information below IS not required by law, it may prove valuable to persons relying on fhe document and could prei fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Ao7tX-c Number of Pages: &
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: bAVld A. LO7iYfiZ Signer's Name:
Cl Individual
Corporate Officer 0 Corporate Officer
Title(s): Vie 7~ES~DCNT Title(s):
0 Partner - 0 Limited 0 General 0 Partner - Limited 0 General
0 Guardian or Conservator 0 Guardian or Conservator
Signer Is Representing: Signer Is Representing:
0 1996 National Notary Association 8236 Remmet Ave , PO Box 7184 Canoga Park, CA 91309-7184 Prod No 5907 Reorder Call Toll-Fi
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EXHlE
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 Se(
53339.8 of the Government Code, the undersigned CITY CLERK of the legislative body 01
CITY OF CARLSBAD, COMMUNITY FACILITIES DISTRICT NO. 1 , ANNEXATION NO. 9619
STATE OF CALIFORNIA, HEREBY GIVES NOTICE that a lien is hereby imposed to se
payment of a special tax which the City Council of the City of Carlsbad, County of San Di
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 interest
on bonds, said facilities generally described as the construction and installation or
purchase of the following:
I. Public facilities generally described as new library facility, a major addition to an
existing library building, a City Hall complex, and the addition of office and
warehouse 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 streets:
FARADAY AVENUE, CANNON ROAD, LA COSTA AVENUE, OLIVENHAIN
ROADIRANCHO SANTA FE ROAD & LEUCADIA BOULEVARD.
IV. Major bridge and overpass facilities generally described as the LA COSTA
INTERCHANGE, POINSETTIA LANE INTERCHANGE & PALOMAR AIRPORT
ROAD INTERCHANGE.
The special tax is authorized to be levied within Community Facilities District No. 1, Annexa
No. 96197-1 , which has now been officially formed, and the lien of the special tax is a contini
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 cancelec
accordance with law or until the special tax ceases to be levied and a notice of cessatioi
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 attach
manner as ordinary ad valorem property taxes are collected and shall be subject to the sa
penalties and the same procedure, sale and lien priority in case of delinquency as is provide
referenced and incorporated Exhibit "A', and the special tax shall be collected in the s2
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for ad valorem taxes. Conditions under which the obligation to pay the special tax mE
prepaid and permanently satisfied and the lien of the special tax canceled are as follows:
Any special tax for public capital facilities may be prepaid and satisfied by the payment (
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 Rea
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 31 15.5 of the Streets and Highways Code.
The names of the owner(s) of the real property included within the Community Facilities C
as they appear on the last secured assessment roll as of the date of recording of this Notic
the Assessor's tax parcel(s) numbers of all parcels or any portion thereof which are inc
within said territory to be annexed to this Community Facilities District are as set forth a
attached, referenced and incorporated Exhibit "B".
Reference is made to the following:
1.
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Notice of Special Tax lien recorded May 20, 1991, Document No. 91-236959 in the offi
the County Recorder for the County of San Diego, State of California.
Boundary map of the original Community Facilities District recorded at Book 24, Pag
Document No. 90-6741 18, Maps of Assessment and Community Facilities Districts ii
office of the County Recorder for the County of San Diego, State of California.
3. Boundary map of the Future Annexation Area District recorded at Book 27, Page Document NO. 93-220163, Maps of Assessment and Community Facilities Districts i office of the County Recorder for the County of San Diego, State of California.
Boundary map of the Annexation Area No. 96/97-1 recorded at Book , Page - Document No.
office of the County Recorder for the County of San Diego, State of California.
t
2.
4.
, Maps of Assessment and Community Facilities Districts i
For further information concerning the current and estimated future tax liability of owne
purchasers of real property subject to this special tax lien, interested persons should contac
following designated person:
Lisa Hildabrand, Finance Director
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad CA 92008
Telephone: (61 9) 434-2867
ALETHA L. RAUTENKRANZ City Clerk
City of Carlsbad
State of California
Date
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CITY OF CARLSBAD
COMMUNITY FACILITIES QZ5m&a NQ, 3,
EXHIBIT "A"
PROPERTY CATEGORIES AND MAXIMUM TAX
0
~ii taxable property within the boundaries of the Future Annexa- tion Area
subject to ANNUAL SPECIAL TAXES as applicable based upon the rates as e8
for the original Community Facilities District No. 1 and further based
property categories, maximum tax rates, increases and status of the isr
building permits, all as hereinafter set forth. Improvement Area I refei
properties within the boundaries of the City of Carlsbad Bridge and Thc
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 si
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
IMPROVEmNT 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, a160 SUI
increases as set forth herein, BB follows;
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER
RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
AREA I AREA I1 PROPERTY CATEGORY
Residential Low $ 4,452.00 $ 3,835.00
4,452.00 3,835.00 Residential Low to Medium
2,312.00 Residential Medium 2,810.00
Residential Medium to High 2,810.00 2,312.00
2,3 12.00 Residential High 2,810.00
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-CIAL, IHDUSTRIAL AND OTEER 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, ala
to increases a5 set forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
AREA I AREA 11
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 buildinc
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 AkEA 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
Restaur ant - Qual it y 6.57 3.09
Neighborhood Shopping Center 6.46 2.27
Auto Car Wash 6.31 2.52
S C 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
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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 1I91
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 ARJ3A I1
He1 iport s $ 10.63 $ 3.67
Industrial-Commercial Business
Park ' 2.14 1.51
All other Industrial Properties
not identif ied above 1.74 1.42
OR, IN THE AL-TE,
ANNUAL SPECIAL TAX
The "Maximum Annual Special Tax - Developed Property" €or any Fiscal Year f
exceed 13.81% of the authorized "Maximum Special Development Tax - One Time'
various Commercial and Industrial Property categories as set forth abovc
amount applicable and annually adjusted for each Fiscal Year.
ANNUAL TAX INCREASE
The above SPECIAL TAXES for the taxable properties are applicable for th
year 1990/91, and are all subject to annual increases to reflect incr
construction costs. The Construction Cost Index of the Engineering New:
titled "ENR Cost Indexes in 22 Cities" will be used. The Index published
month of April for the City of Lo8 Angeles under the column heading of "PC
Change from Last Year" will annually inflate each of the Maximum Annual T
each year for properties as follows:
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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 TU
The above taxes shall be levied until all bonds have been discharged and ft
funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has be
however, the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not be levi€
period in excesbaof twenty-five (25) years per parcel.
Residential:
Once a blrilding permit has been issued for Residential property and the
DEVELOPMENT TAX - ONE TIME has been paid, the property no longer will be st
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 AND TAX
Total capital costs for all authorized facilities shall be allocated a6
65%-to Residential property, 35% to Commercial & Industrial property. TI
costs exclude costs of issuance as needed.
Residential property ehall be taxed in an amount sufficient to meet the 65%
facilities, which tax will include costs of issuance, interest and other
including sinking fund payments for future construction as applicable.
Commercial C Industrial property shall be taxed in an amount sufficient to I
35% share of facilities, which tax will include costs of issuance, intex
other costs, including sinking fund payments for future construction a5 appli -
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 administrative
and pay for public capital facilities. FIRST: Reduce this amount by th
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 ae required,
exceed the maximum authorized tax.
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Commercial and Industrial:
Determine monies necessary to make payment on bond debt service, replenisl
call bonds, pay bonds and Cornunity Facililies District No. 1 administrat:
and pay for current or future public capital facilities. FIRST: Reduce tl
by the funds collected from Special Development Tax - One Time and annui
Tax - Developed Property levied against commercial and industrial pi
SECOND: Levy the annual Special Tax - Undeveloped Property on undevelopc
commercial and induetrial acreage in the proportional amounts for each
category as required, not to exceed the maximum tax.
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CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
PROPERTY OWNER NAME AND ASSESSORS PARCEL NUMBER
"EXHIBIT B"
Property Owner: Continental Ranch, Inc.
Assessor's Parcel
Numbers: 222-0 1 1 -05-00
21 5-031 -05-00
22 1 -0 1 2-09-00
RESIDENTIAL DEVELOPED LAND USE: RL (0 - 1.5 DU/AC)
lUM (1.51 TO 4.0 DUIAC)
RM (4.1 TO 8.0 DUIAC)
RMH (8.1 TO 15.0 DU/AC)
RH (15.1 TO 23.0 DU/AC)
- PERDU.
$4,895.4101
4,895.41 01
3,089.8703
3,089.8703
3,089.8703
RESIDENTIAL DEVELOPED LAND USE: RL (0 - 1.5 DUIAC)
F3.M (1.51 TO 4.0 DU/AC)
RM (4.1 TO 8.0 DU/AC)
RMH (8.1 TO 15.0 DUIAC)
RH (15.1 TO 23.0 DU/AC)
PERDU
$4,216.9582
4,216.9582
2,542.2105
2,542.2105 2,542.2705
RESIDENTIAL UNDEVELOPED LAND USE:
RESIDENTIAL LOW (RL)
RESIDENTIAL LOW MEDIUM (RLM)
'RESIDENTIAL MEDIUM (RM)
RESIDENTIAL MEDIUM HIGH (RMH)
RESIDENTIAL HIGH (RH)
PER NET 1
NOKRESIDENTIAL UNDEVELOPED LAND USE:
COMMERCIAL PROPERTY
INDUSTRIAL PROPERTY
AGRICULTURAL PROPERTY
PER NET 1
RESIDENTIAL PROPERTY UNDEVELOPED LAND USE:
RESIDENTIAL LOW (RL)
RESIDENTIAL LOW MEDIUM (RLM)
RESIDENTIAL MEDIUM (RM)
RESIDENTIAL MEDIUM HIGH (RMH)
RESIDENTIAL HIGH (RH)
- PER NET P
NON-RESIDENTIAL UNDEVELOPED LAND USE:
COMMERCIAL PROPERTY
INDUSTRIAL PROPERTY
AGRICULTURAL PROPERTY
PER NET A
1375 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 Set
53339.8 of the Government Code, the undersigned CITY CLERK of the legislative body 01 CITY OF CARLSBAD, COMMUNITY FACILITIES DISTRICT NO. 1, ANNEXATION NO. 95/9 STATE OF CALIFORNIA, HEREBY GIVES NOTICE that a lien is hereby imposed to SE
payment of a special tax which the City Council of the City of Carlsbad, County of San D 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 interesi on bonds, said facilities generally described as the construction and installation 01 purchase of the following:
I. Public facilities generally described as new library facility, a major addition to an
existing library building, a City Hall complex, and the addition of office and
warehouse facilities at the public safety center.
II. Park improvements generally designated as the MACARIO CANYON PARK.
111. Major street improvements in portions of the following designated public streets:
FARADAY AVENUE, CANNON ROAD, LA COSTA AVENUE, OLlVENHAlN
ROADRANCHO SANTA FE ROAD & LEUCADIA BOULEVARD.
IV. Major bridge and overpass facilities generally described as the LA COSTA
INTERCHANGE, POINSETTIA LANE INTERCHANGE & PALOMAR AIRPORT ROAD INTERCHANGE.
The special tax is authorized to be levied within Community Facilities District No. 1, Anne
No. 95196-3 , which has now been officially farmed, 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 forc
effect until the special tax obligation is prepaid, permanently satisfied and cancel
accordance with law or until the special tax ceases to be levied and a notice of cessat
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 atk referenced and incorporated Exhibit "A", and the special tax shall be collected in the
manner as ordinary ad valorem property taxes are collected and shall be subject to the
penalties and the same procedure, sale and lien priority in case of delinquency as is prov
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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:
Any special tax for public capital facilities may be prepaid and satisfied by the payment of t
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 Record the obligation to pay the special tax levy shall become a lien upon all non-exempt real prope 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 Disti as they appear on the last secured assessment roll as of the date of recording of this Notice E the Assessor's tax parcel(s) numbers of all parcels or any portion thereof which are incluc within said territory to be annexed to this Community Facilities District are as set forth on 1 attached, referenced and incorporated Exhibit "B".
Reference is made to the following:
1. Notice of Special Tax lien recorded May 20, 1991, Document No. 91-236959 in the office
the County Recorder for the County of San Diego, State of California.
Boundary map of the original Community Facilities District recorded at Book 24, Page 1 Document No. 90-674118, Maps of Assessment and Community Facilities Districts in ' office of the County Recorder for the County of San Diego, State of California.
3. Boundary map of the Future Annexation Area District recorded at Book 27, Page : Document No. 93-220163, Maps of Assessment and Community Facilities Districts in >
4. Boundary map of the Annexation Area No. 95196-3 recorded at Book 30 , Page z Document No.qb 26*71 Maps of Assessment and Community Facilities Districts in 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 owners purchasers of real property subject to this special tax lien, interested persons should contact following designated person:
2.
office of the County Recorder for the County of San Diego, State of California.
Lisa Hildabrand, Finance Director City of Carlsbad
1200 Carlsbad Village Drive Carlsbad CA 92008 Telephone: (619) 434-2867
a0-7 17 /P9( @ate I
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ALETHA L. RA~TENKRANZ City Cle& City of Carlsbad State of California
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CITY OF CARLSBAD 0.
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 is1
building permits, all as hereinafter set forth. Improvement Area I refei
properties within the boundaries of the City of Carlsbad Bridge and Tho
District. Improvement Area 11 is for all remaining properties within the
Facilities District, not within the Bridge E, 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 772.00 760.00
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 b
to the following described SPECIAL DEVELOPMENT TAX - ONE TIME, also SI
increases as 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 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
2,810.00 2,3 12.00 Residential High
PROPERTY CATEGORY
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COHHERCIAL, INDUSTRIAL AND OTagR PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable Commercial and Industrial Property prior to the issuance of I
permit shall be subject to the following maximum annual special taxes, a1
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 buildir
shall have the option to (I) pay the SPECIAL DEVELOPMENT TAX - ONE TI
assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY for a period of not
twenty-five (25) years, generally in the amounts per property category as i
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 Campgr oun-d 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
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IMPROVEMENT IMPROVEMENT
COMMERCIAL USE DESIGNATIONS AREA I AREA 11
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
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
,
Office - Commercial, 100,000 SF 2.56 1.75
All other Commercial Properties 2.14 1.44
not indentified above
IMPROVEMENT IMPROVEMENT
INDUSTRIAL USE DESIGNATIONS AREA I AREA I1
He1 iport 6 $ 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 categories as set forth ab07
amount applicable and annually adjusted €or 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 Net
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 "I
Change from Last Year" will annually inflate each of the Maximum Annual
each year €or properties as follows:
0, a
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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 unkil all bonds have been diacharged and f
funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has b
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 s
any annual special tax.
Commercial & Industrial:
The Commercial and Industrial properties, upon the issuance of a buildinl
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. '
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 otht
including sinking fund payments for future construction as applicable.
Commercial C 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 a?d Community Facilities District No. 1 administrati.
and pay €or public capital facilities. FIRST: Reduce this amount by t
collected from Special Development Tax - One Time levied against re
properties. SECOND: The remaining funds needed are to be collected by thc
the annual Special Tax - Undeveloped Property on undeveloped taxable re
acreage, in the proportional amounts €or each property category as require(
exceed the maximum authorized tax.
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Commercial and Industrial:
Determine monies neceaeary to make payment en bond debt oervice, repleniol
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 annui
Tax - Developed Property levied against commercial and industrial p
SECOND: Levy the annual Special Tax - Undeveloped Property on undevelopc
commercial and industrial acreage in the proportional amounts for each
category as required, not to exceed the maximum tax.
***
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1 CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
PROPERTY OWNER NAME AND ASSESSORS PARCEL NUMBERS
"EXHIBIT €3"
Property Owner: Carlsbad Partners, Ltd.
Asses so r's Parcel
Numbers: 21 6-1 22-24-00
21 6-1 22-36-00
21 6-1 22-37-00
255-01 1-08-00
255-01 1-09-00
255-01 1-1 0-00
255-01 1-1 2-00
255-01 1-1 3-00
255-01 1-1 4-00
255-021 -05-00
255-021 -06-00
255-021 -07-00
255-021 -08-00