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HomeMy WebLinkAbout1998-05-05; City Council; 14662; CFD No. 1 Annexation No. 97/98-1CITY OF CARLSBAD -AGENDA BILL r-2 AB# t@.%-- TITLE: 4‘ D PT. HD. MTG. 05/05/98 COMMUNITY FACILITIES DISTRICT NO. 1 ANNEXATION NO. 97/98-l @5? CITY ATTY. DEPT. FIN RANCH0 CARRILLO VILLAGES A, B, c, D 81 H c1l-y MGR. w I I RECOMMENDED ACTION: Adopt Resolution No. 98- )3L( certifying and adding property to an existing Community Facilities District. ITEM EXPLANATION: Backaround Property owners of vacant land in Carlsbad and the City worked together to form Community Facilities District (CFD) No. 1. The CFD provides funding for a variety of infrastructure projects which will be necessary to meet the requirements of the Growth Management Program. Council formed CFD No. 1 in 1991, following an election by property owners for a special tax to be levied upon their property to fund construction or acquisition of capital projects. The Carlsbad philosophy is that CFD financing is not intended to relieve any property owner of the responsibility to provide funding for infrastructure improvements related to a single development. No homeowner in Carlsbad is affected by a City CFD because our guidelines ensure that the obligation on a residential unit is paid in full when the building permit is issued. No homeowner will pay City-imposed Mello-Roos taxes. Many Local Facilities Management Zones were not included in CFD No. 1. Annexation proceedings were anticipated to occur as each zone progressed through the development process. With the exception of the more developed areas, each zone plan requires either annexation to the CFD or developer funding of all required facilities. In April 1993, Council authorized future annexation of the remaining undeveloped land into CFD No. 1. This action permits developers to use the simplified annexation procedure and allows development to proceed without additional public hearings or special elections. The simplified annexation procedure lets property owners administratively petition to annex into CFD No. 1. Upon Council approval, property will be annexed into CFD No. 1, thus fulfilling their obligation for certain public facilities. - -. Page 2 of Agenda Bill No. /“/: h&?-. Annexation No. 97/98-l - Ranch0 Carrillo Villaaes A, B. C. D and H As a condition of approval for CT 97-01 and CT 97-02, Ranch0 Carrillo Villages A, B, C, D and H are required to annex into CFD No. 1. The applicant, Continental Ranch has completed the required Consent and Election to Annex Property into CFD No. 1 (Exhibit 2) and accepted the boundary map showing the proposed area to be annexed (Exhibit 3). Council may formally authorize the annexation by certifying and adding the property into the original Community Facilities District. After Council authorization, a Notice of Annexation (Exhibit 4) will be filed with the County Recorder as a lien against the property. FISCAL IMPACT: When CFD No. 1 was established, it was anticipated that all vacant, undeveloped or underdeveloped land would annex as it developed, thus providing the necessary cash flow to finance the construction of certain public facilities. The property being annexed has been approved for the development of 4 multi-family lots, 114 duplex lots, and 160 single family lots. The property will be subject to CFD No. 1 Special Tax - Undeveloped Property beginning in fiscal year 1998/99. The 1998/99 levy is unknown at this time, however, using the 1997/98 tax rates, the levy will be approximately $136,000. The property is also subject to the CFD No. 1 Special Development Tax - One-Time at the time of building permit issuance. Using the 1997/98 tax rates, this tax would be $4,954 for each dwelling unit with a density of less than four dwelling units per acre and $3,127 for each dwelling unit with a density greater than four per acre. The total amount of the One-Time tax cannot be calculated because development applications have not been received on all of the property being annexed. Through the use of the simplified annexation procedure, both the City and the owner are able to avoid election costs and additional time delays. A fee of $480 to cover annexation processing, map preparation, and filing costs will be paid by the property owner. EXHIBITS: 1. 2. Resolution No. 9 8 - 1 3 7 , certifying and adding property to an existing CFD. Consent and Election to Annex Real Property to an Existing Community Facilities District. 3. Boundary Map of the area to be annexed. 4. Notice of Annexation. 5. Community Facilities District No. 1 1997-98 maximum tax rates. , 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 RESOLUTION NO. 98-134 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING AND ADDING PROPERTY TO AN EXISTING COMMUNITY FACILITIES DISTRICT (NO. 1) ANNEXATION NO. 97/98-l. RANCH0 CARRILLO VILLAGES A, B. C. D & H WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, (hereinafter referred to as the “legislative body of the local Agency”), has previously formed a Community Facilities District pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, said Article 3.5 thereof. The existing Community Facilities District being designated as COMMUNITY FACILITIES DISTRICT NO. 1 (hereinafter referred to as the “District”); and WHEREAS, the legislative body has also established a procedure to allow and provide for future annexations to the original District and the area proposed to be annexed in the future was designated as COMMUNITY FACILITIES DISTRICT NO. 1, FUTURE ANNEXATION AREA (hereinafter referred to as the “Future Annexation Area”); and WHEREAS, at this time the unanimous consent of the property owner or owners of certain specific territory proposed to be annexed has been received, and said territory has been designated as ANNEXATION NO. 97/98-l (hereinafter referred to as the “Annexed Area”); and WHEREAS, the map showing the specific territory to be annexed and designated as the Annexed Area as submitted is hereby approved by this legislative body. 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 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: RECITALS SECTION 1. The above recitals are all true and correct. ANNEXATION CERTIFICATION SECTION 2. That this legislative body does hereby determine and declare that the territory subject to annexation, being the Annexed Area, is now added to and becomes a part of the District. ANNEXATION AREA SECTION 3. That the boundaries and parcels of territory herein annexed and on which special taxes will be levied in order to pay for the costs and expenses of authorized public facilities is described as follows: All that property annexed to the existing Community Facilities District as said territory is shown on a map as herein approved by this legislative body, said map designated by the number of the annexation and the name of the District, a copy of which is on file and shall remain open for public inspection. FINDINGS SECTION 4. That this legislative body does hereby further determine as follows: A. That the unanimous consent to the annexation as submitted by the property owners is hereby certified and approved and shall be kept on tile in the office of the Election Official. B. The legislative body is hereby empowered to levy the authorized special taxes within the Annexed Area to pay for the District’s public facilities. The property being annexed will be subject to all applicable special taxes upon annexation. The Annual Special Tax - Undeveloped 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 - - Property will commence fiscal year 1998-99. C. That the Annexed Area is formally added to and becomes a part of the District. 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 (15) days of adoption of this Resolution, filed in the office of the County Recorder. 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 of the City Council on the 5 day of May , 1998, by the following vote, to wit: AYES: Council Members Nygaard, Hall & Finnila NOES: None ABSENT: Lewis & Kulchin ATTEST: RAMONA FINNILA,'Mayor Pro Tern ALETHA L. RAUTENKRAN (SEAL) - EXHIBIT 2 CONSENT AND ELECTION TO ANNEX REAL PROPERT- 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 authotied representative of said owner, of the property as shown on the attached map (the “Owner”), and is the appropriate person with legal authorization to sign this consent, vote and elect to annex property to the District. 2. The Owner is aware of and understands the following: A. B. C. D. E. The City of Carlsbad has conducted proceeding pursuant to the “Mello-Roos Community Facilities District Act of 1982” (Government Code Section 533 11 and following) (the “Act”) to form a community facilities district known and designated as COMMUNITY FACILITIES DISTRICT NO. 1 (the “District”) for purposes of the construction, installation and financing of major public capital facilities to serve and benefit properties within the boundaries of the District. Proceedings have also been authorized to allow annexation of property in the future to said District; however, any future annexation is conditioned upon the unanimous consent of the owner or owners of each parcel or parcels at the time of the proposed annexation. That the Owner is the owner of property subject to annexation as said area is shown on a map attached hereto, referenced and incorporated, marked and designated as the ANNEXED AREA. That the map attached hereto shows the developable area pursuant to the City General Plan land use, and includes all applicable Assessor’s parcel numbers for the property being annexed. The property being annexed will be subject to all applicable special taxes upon annexation. The Annual Special Tax - Undevelopable Property will commence in fiscal year 1998 - 1999. 6 -. THE UNDERSIGNED DOES HEREBY CERTIFY UNDER PENALTY OF PERJURY AS FOLLOWS: 3. The Owner does consent to and approve the annexation of the Annexed Area to the District without any additional further public hearings and without any further election requirements. The Owner further waives the right to protest, object to or initiate proceedings challenging the validity of the following: l Proceedings for the formation of the District l Proceedings to annex property in the future l Specific annexation proceedings for the Annexed Area 4. The Owner specifically authorizes the levy 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 su h+ I 26 + day of w , 19 YB , in , California. gliL4n * r Signature David A. L&her Type or print name of signer. 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. AliFORNIA ALL-PURPOsE ACKNOWLEDGMENT personally appeared & ersonally known to me acted, executed the instrument. WITNESS my hand and official seal. ature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Document Date: Capacity(ies) Claimed by Si Signer’s Name: 0 Individual q Corporate Officer Title(s): 0 Attorney-in-Fact 0 Trustee Top of thumb here 0 Limited q General Signer Is Representing: \...\ 0 1996 National Notary Association * 6236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7164 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6627 - CERTIFICATE OF CORPORATE RESOLUTION OF CONTINBNl'AL RANCH, INC. I, Susan M. Gaupel , Assistant Secretary of CONTINENTAL RANCH, INC., a Delaware corporation ("Corporation"), do hereby certify that I am a duly elected, qualified and acting officer of the Corporation and, as such, I am familiar with the books, minutes and records of the Corporation; that no provision of the Articles of Incorporation or Bylaws of the Corporation requires that any action or signature of the Corporation be attested by a corporate officer; that there is no provision in the Articles of Incorporation or Bylaws of the Corporation limiting the power of the Board of Directors to adopt the hereinafter stated resolutions; that the following is a true and accurate copy of resolutions duly adopted by the Board of Directors of the Corporation, on October 20, 1997 either at a duly held meeting of the Board of Directors or by unanimous written consent of all members of the Board of Directors of the Corporation; and that said resolutions have not been modified, rescinded or revoked and are now in full force and effect: RESOLVED, that one signature from the President or any of the Vice Presidents of the Corporation listed below is required for any and all documents related to planning, engineering, mapping, development or construction associated with property owned by Continental Ranch, Inc.; including but not limited to maps, easements, agreements, permits, dedications, etc.; and RESOLVED, the following persons are the duly elected President and Vice Presidents of the Corporation: Chris Chambers President W. Thomas Hickcox Vice President Donald W. MacKay Vice President David Lother Vice President Greg Hastings Vice President RESOLVED FURTHER, that one signature from the President or any of the above-designated Vice Presidents is sufficient by itself to bind the Corporation in furtherance of these Resolutions. WITNESS my hand on this 20th day of October, 1997. 'CONTINENTAL RANCH,. INC., a Delaware corporation Assistant Secretary 4 EXHIBIT 3 . ‘% A lit? -- -- 0 *!ij -g$ IE L -. EXHIBIT 4 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 Section 53339.8 of the Government Code, the undersigned CITY CLERK of the legislative body of the CITY OF CARLSBAD, COMMUNITY FACILITIES DISTRICT NO. 1, ANNEXATION NO. 97/98-l , STATE OF CALIFORNIA, HEREBY GIVES NOTICE that a lien is hereby imposed to secure payment of a special tax which the City Council of the City of Carl&ad, County of San Diego, 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. III. Major street improvements in portions of the following designated public streets: FARADAY AVENUE, CANNON ROAD, LA COSTA AVENUE, OLIVENHAIN ROAD/RANCH0 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, Annexation No. 97/98-l , which has now been officially formed, and the lien of the special tax is a continuing lien which shall secure each annual levy of the special tax and which shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with law or until the special tax ceases to be levied and a notice of cessation of 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 attached, referenced and incorporated Exhibit “A”, and the special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided - for ad valorem taxes. Conditions under which the obligation to pay the special tax may be 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 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 Recorder, the obligation to pay the special tax levy shall become a lien upon all non-exempt real property 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 District as they appear on the last secured assessment roll as of the date of recording of this Notice and the Assessor’s tax parcel(s) numbers of all parcels or any portion thereof which are included within said territory to be annexed to this Community Facilities District are as set forth on the 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 of the County Recorder for the County of San Diego, State of California. 2. Boundary map of the original Community Facilities District recorded at Book 24, Page 56, Document No. 90-674118, Maps of Assessment and Community Facilities Districts in the 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 21, Document No. 93-220163, Maps of Assessment and Community Facilities Districts in the office of the County Recorder for the County of San Diego, State of California. 4. Boundary map of the Annexation Area No. 97/98-l recorded at Book , Page -, Document No. Maps of Assessment and Community Facilities Districts in the 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 or purchasers of real property subject to this special tax lien, interested persons should contact the following designated person: Lisa Hildabrand, Finance Director City of Carlsbad 1200 Carlsbad Village Drive Carlsbad CA 92008 Telephone: (619) 434-2867 /Qa I ALETHA L. RAUiENKf?ANZ Citv Clerk/ City of Carlsbad State of California - CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT BXBIBIT -A’ NO. 1 PROPERTY CATEGORIES AND MAXIMUM TAX All twable property within the boundariee of the Future Annexa- tion Area shall be subject to ANNUAL SPECIAL TAXES as applicable based upon the rates as established for the original Cosununity Facilities District No. 1 and further based upon the property eategorieo, maximum tax rates, increases and status of the issuance of building permits, all a8 hereinafter set forth. Improvement Area I refer9 to all properties Within the boundariem of the City of Carlsbad Bridge and Thoroughfare District. ImprOVfBUIent Area II is for all r@mahdng properties within the Community Facilities District, not within the Bridge C Thoroughfare Di8trict. 'a RitsIDENTIAL PmPERTx ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable property prior to the issuance of a building permit shall be subject to the following maximum annual special taxes, subject to increases as set forth herein: MAXIMUM ANNUAL SPECIAL TAX - DBDEVELOPED PROPERTY PER DEVELOPA+E ACRE FOR FISCAL YEAR 1990/1991 fMPR-NT IMPROVBMBNT PROPERTY CATEGORY AREA1 AREA IL Residentf al Low S 281.00 S 277.00 Residential Low to Medium 772.00 760.00 Residential Medium 1,294.oo 1,217.00 Residential.Xedium to High 1,984.OO 1,868.00 Residentfal High 2,793.oo 2,739.oo SPECIAL DEVELOPMENT TAX - ONE TINE Upon the issuance of a building permit, all Residential properties shall be subject to the following described SPECIAL DEVELOPMENT TAX - ONE TIME, also subject to increase9 as set forth herein, aa follows: MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/1991 IMPROVEMHNT IMPROVEMENT PROPERTY CATEGORY AREA 1 AREA II Residential Low $ 4,452.OO $ 3,835.OO . Residential Low to Medium 4,452.OO 3,835.OO Residential Medium 2,810.OO 2,312.oo Residential Medium to High 2,810.OO 2,312.OO Residential High - 2,810.OO 2,312.OO PROPERTY CATEGORY COMMERCIAL USE DESIGNATIONS IHPROVZMENT AREA1 IMPROVEMENT AREA II Restaurant - Past Food S 28.46 S 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 7.7a 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 3.68 3.18 ComKRcIAL, nmmmIAL -QpBwPRoPERTY ANNUAL SPECIAL TAX - mmLGPED PROPERTY All taxable Commercial and Industrial Property prior to the issuance of a building permit shall be subject to the following maximum annual special taxes, also subject to increase6 as set forth herein: XAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991 IMPROVEMENT IHPROVtMENT -. AREA1 AREA If Commercial Property S 2,400.OO S 1,600.OO Induetriai' Property 1,200.00 960.00 Agricultural Property -o- -o- All Commercial and. Industrial Property, upon the issuance of a building permit, shall have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY for a period of not to exceed twenty-five (25) years, generally in the amounts per property category as follows: MAXIMVX SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA IMPROVEMSNT fMpROVEM.ENT COMMERCIAL USE DESIGNATIONS AREA I AREA II Hotel - Conv. Fac/Comtn. Auto - Repair C Sales Regional Shopping Centar Discount Store Golf Course Church Office - Government Commercial Shops Health Club Motel .- . Office - High Rise Office - Cormnercial, 100,000 SF Lumber/Hardware Store Office - Medical Hospital - Convalescent Indoor Sports Arena Resort Hotel University Junior College All other Commercial Properties not indentified above 3.47 3.41 3.35 3.22 3.06 2.99 2.93 2.90 2.89 2.69 2.67 2.56 2.47 2.42 2.33 2.33 2.30 2.26 2.19 2.14 2.52 1.58 1.61 1.58 2.14 1.94 1.88 1.58 1.85 2.06 1.84 1.75 1.58 2.07 2.23 2.23 1.98 1:91 1.90 1.44 IMPROVEUENT IMPROVEMENT INDUSTRIAL USE DESIGNATIONS . ARZA I AREA II Heliports S 10.63 Industrial-Commercial Business Park 2.14 All other Industrial Properties not identified above 1.74 S 3.67 l.Sl 1.42 OR, m Tms ALTERHATE, ANNUAL SPECIAL TAX The “Maximum Annual Special Tax - Developed Property” for any Fiscal Year shall not exceed 13.81) of the authorized "Maximum Special Development Tax - One Time" for the . various Commercial and Industrial Property categories as set forth above in the amount applicable and annually adjusted for each Fiscal Year. The above SPECIAL TAXES for the taxable properties are applicable for the fiscal year 1990/91, and are all subject to annual increases to reflect increases in construction costs- The Construction Cost Index of the Engineering News-Record, titled "ENR Cost Indexes in 22 Cities" will be used. The Index published for the month of April for the City of Los Angeles under the column heading of "Percentage Change from Last Year” will annually inflate each of the Maximum Annual Taxes for each year for properties as follows: ! I s” A. PROPERTIES WITHIN TRE DISTRICT: Not to exceed 50% of the above-referenced increase. B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exkeed 100% of the above-referenced increake until annexed. . TRRUOFTAX The above taxes shall be levied until all bonds have been diecharged and facilities funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has been paid: however, the AWNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not be levied for a period in exceek of twenty-five (25) years per parcel. Residential: Once a biailding permit has been isoued for Residential property and the SPECIAL DEVELOPMBNT TAX - ONE TIME ha6 been paid, the property no longer will be subject to any annual special tax. commercial C Industrial: The Commercial and Industrial properties, upon the issuance of a building permit, have the option to (1) pay the SPECIAL DEVELOPMBNT TAX - ONE TIME or (2) aseume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, a6 eat forth above. Upon the issuance of any building permit, no further increare or escalation is authorized. -TIOl’tOF OOSTAND TAX Total capital CO5t5 for all authorized facilities shall be allocated a6 followlr: 65%'to Residential property, 35& to Commercial C Industrial property. The above coeta exclude coete of ieeuance a6 needed. Reeidential property 6hall be taxed in an amount sufficient to meet the 65% share of facilities, which tax will include costs of ieeuance, intereet pd other costs, including 6inking fund phyments for future construction a6 applicable. i Commer&ial C In&trial Brope&y ohall be taxed in an amount sufficient to &et the 35% Mare of facilities, which tax will include costs ok isguande, interbst and other darts, ineluding 6inking fund payment6 for future construction a6 appli&ble. * COLLECTION O? ANNUAL TAX Residedtial: Determine monies neceseary to make payment on bond debt service, replenish reserve, call bonds, pay bonds and Connnunity Facilities District No. 1 administrative costs, and pay for public capital facilities. FIRST: Reduce this amoust by the funds collected froni Speciaf Development Tax - One Time levied against residential properties. SECOND: The remaining funds needed are to be collected by the levy of the annual Special Tax - Undeveloped Property on undeveloped taxable residential acreage, in the proportional amounts f,or each property category a6 required, not to exceed the maxi&m authoiired tax. . commercial and Industrial: Determine:monie6 necessary to make payment on bond debt service, replenish reserve, call.bonds, pay bonds and Cosxnunity Pacililies District No. 1 administrative CO(ltS, and pay for current or future pubiic capital facflitiea. FIRST: Reduce this amount by the funds collected from special Developaent Tax - Cne Time and annual Special Tax - Developed Property levied against connnercial and industrial properties. SECONP a tevy the annual Special Tax - Undeveloped Property on undeveloped'taxable commercial and industrial acreage in the proportional amounts for each Property categery as re?ired , not to exceed the maximum tax. CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 PROPERTY OWNER NAME AND ASSESSORS PARCEL NUMBERS “EXHIBIT B” Property Owner: Continental Ranch, Inc. Assessor’s Parcel Numbers: 215-031-06-00 221-012-12-00 221-012-13-00 . EXHIBIT 5 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 SPECIAL DEVELOPMENT TAX - ONE- TIME IMPROVEMENT AREA I I RATE IF I ANNEXED 1 VALID JULY 1, 1997 TO JUNE 30, 1998 FY 1997-98 RESIDENTIAL DEVELOPED IAND USE: PER DU. RL (0 - 1.5 DUIAC) $4.954.1551 FILM (1.5 1 TO 4.0 DU/AC) 4,954.1551 RM (4.1 TO 8.0 III/AC) 3.126.9487 RMH 18.1 TO 15.0 DUIAC) 3,120.9487 RH (15.1 TO 23.0 DU/AC) 3,128.9487 NON-RESIDENTIAL LAND USE: PER SQ. FT. AUTO - GASOLINE $9.0248 AUTO - REPAIR & SALES 3.7946 AUTO CAR WASH 7.0217 BANK - WALK IN 14.2771 BANK - WITH DRIVE THRU 20.0970 BOWLING ALLEY 7.3778 CAMPGROUND 19.4850 CHURCH 3.3273 COMMERCIAL SHOPS 3.2271 COMMUNITY SHOPPING CENTER 4.7182 CONVENIENCE MARKET 30.3904 DISCOUNT STORE 3.5832 GOLF COURSE 3.4051 GROCERY STORE 8.6575 HEALTH CLUB 3.2160 HFI IPORTS 11 87Rc-l h,nSPlTAl - C’CINVAI FSCFNT I 7 !-G!l?R I HOSPITAL - GENERAL NOT IDENTIFIED ABOVE 2.3814 ALL OTHER INDUSTRIAL USES NOT IDENTIFIED ABOVE (NOTE 2) 1.9363 NOTE 1: THIS CATEGORY OF LAND USE CONTAINS PM AND CM ZONED PROPERTY. NOTE 2: THIS CATEGORY OF LAND USE CONTAINS M AND PU ZONED PROPERTY. Exhibit 5, Page 1 of 3 - . EXHIBIT 5 CITY OF CARLSBAD COMMUNlTY FACILITIES DISTRICT NO. 1 SPECIAL DEVELOPMENT TAX - ONE-TIME IMPROVEMENT AREA II RESIDENTIAL DEVELOPED LAND USE: RL (0 - 1.5 DUIAC) RLM (1.5 1 TO 4.0 DU/AC) RM (4.1 TO 8.0 DU/AC) RMH (8.1 TO 15.0 DU/AC) RI-I (15.1 TO 23.0 DUIAC) PER DU $4,267.5617 4,267.5617 2.572.7777 2,572.7777 2,572.7777 NON-RESIDENTIAL LAND USE: AUTO - GASOLINE AUTO - REPAIR & SALES PER SO. FT. $3.2160 1.7582 AUTO CAR WASH 2.8042 BANK - WALK IN 5.1188 SANK - WITH DRIVE THRU 6.3852 BOWLING ALLEY 3.1492 CAMPGROUND 5.5528 CHURCH 2.1588 COMMERCIAL SHOPS 1.7582 COMMUNITY SHOPPING CENTER 2.0030 CONVENIENCE MARKET 7.5002 DISCOUNT STORE 1.7582 GOLF COURSE 2.3814 GROCERY STORE 2.8488 HEALTH CLUB 2.0587 HELIPORTS 4.0840 HOSPITAL - CONVALESCENT 2.4815 HOSPITAL - GENERAL 3.5387 HOTEL - CONV. FAClCOMM. 2.8042 INDOOR SPORTS ARENA 2.4815 INDUSTRIAL _ COMMERCIAL BUSINESS PARK (NOTE 1) 1.6803 JUNIOR COLLEGE 2.1143 LIBRARY 3.1828 LUMBER/HARDWARE STORE 1.7582 MARINA 4.9074 MOTEL 2.2924 NEIGHBORHOOD SHOPPING CENTER 2.5280 OFFICE - COMMERCIAL (C 100,000 SF) 1.9474 OFFICE - GOVERNMENT 2.0921 OFFICE - HIGH RISE 2.0475 OFFICE - MEDICAL 2.3035 OUTDOOR TENNIS COURT 8.0789 RACE TRACK 2.5928 REGIONAL SHOPPING CENTER 1.7916 RESORT HOTEL 2.2033 RESTAURANT - FAST FOOD 8.4350 RESTAURANT - QUALITY 3.4385 RESTAURANT - SIT DOWN 5.2635 S&L-WALKIN 3.3718 S & L - WITH DRIVE THRU 3.8725 UNIVERSITY 2.1254 ALL OTHER COMMERCIAL USES NOT IDENTIFIED ABOVE 1.6024 ALL OTHER INDUSTRIAL USES 1 NOT IDENTIFIED ABOVE (NOTE 2) I NOTE 1: THIS CATEGORY OF LAND USE CONTAINS PM AND CM ZONED PROPERTY. NOTE 2: THIS CATEGORY OF LAND USE CONTAINS M AND PU ZONED PROPERTY. 1.5802 Exhibit 5. Page 2 of 3 - EXHIBIT 5 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 ANNUAL SPECIAL TAX UNDEVELOPED PROPERTY RESIDENTLAL UNDEVELOPED LAND USE: PER NET ACRE RESIDENTIAL LOW (RL) $312.6949 RESIDENTIAL LOW MEDIUM (RLM) 859.0763 RESIDENTIAL MEDIUM (RM) 1.439.9543 RESIDENTIAL MEDIUM HIGH (RMH) 2,207.7816 RFSIDENTIAL HIGH lF?HI 3.108.0317 NON-RESIDENTIAL UNDEVELOPED LAND USE: PER NET ACRE COMMERCIAL PROPERTY $2.670.7035 INDUSTRIAL PROPERTY 1,335.3518 AGRICULTURAL PROPERTY 0.0000 RESlDENTlAL PROPERTY UNDEVELOPED LAND USE: 1 PER NET ACRE IRESIDENTIAL LOW (RL) $308.2437 RESIDENTIAL LOW MEDIUM (RLM) 845.7228 RESIDENTIAL MEDIUM (RM) 1,354.2693 RESIDENTIAL MEDIUM HIGH (RMH) 2,078.6976 RESIDENTIAL HIGH (RH) 3.047.9404 NON-RESIDENTIAL UNDEVELOPED LAND USE: PER NET ACRE COMMERCIAL PROPERTY $1.780.4690 INDUSTRIAI; PROPERTY 1,068.2814 , [AGRICULTURAL PRoPERTY 1 0.0000 ] Exhibit 5, Page 3 of 3