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HomeMy WebLinkAbout1998-09-08; City Council; 14836; Special Taxes For CFD No. 1AB# 14.836 MTG . g/8/98 DEPT: FIN - CITY OF CARLSBAD -AGENDA BILL TITLE: RESOLUTION SUSTAINING THE DECISION OF THE APPEALS PANEL AND CLARIFYING THE LANGUAGE OF THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR COMMUNITY FACILITIES DISTRICT NO. 1 CITY ATTY: j@- CITY MGR- a RECOMMENDED ACTION: Adopt Resolution No. 98-298 sustaining the decision of the Appeals Panel and clarifying the language of the rate and method of apportionment of special taxes for Community Facilities District No. 1. ITEM EXPLANATION: In 1982, the State Legislature responded to the need for a new means of financing public improvements by adopting the Mello-Roos Community Facilities Act of 1982. This act generally allows landowners to approve a special tax to be levied upon their property to fund the construction or acquisition of facilities or services. The City of Carlsbad and property owners of specific vacant land in Carlsbad worked together to form Community Facilities District No. 1 (CFD No. 1) in May of 1991 to provide funding for a variety of infra-structure projects needed to meet growth management requirements. CFD No. 1 generally provides for the establishment of two types of special taxes: an annual tax on undeveloped property and a one-time tax on developed property. When Community Facilities District No. 1 was formed, the drafters of the documents realized that they could not anticipate all possibilities that might arise as the special tax formula in CFD No. 1 was applied to development. Thus, they included a section in the formation documents which provides certain procedures for appeals and interpretations of the taxing formula. Interpretations can be made by resolution of the City Council when needed to clarify any vagueness or ambiguity in the application of the special tax formula. Appeals are to be referred to an Appeals Panel for review. If the findings verify that the tax should be modified or changed, then a recommendation is to be made to the Council after which the special tax levy would be modified, as appropriate. The City received a notice of appeal from Kaufman and Broad (Exhibit3 ), a developer in the Arroyo La Costa project. They felt the application of the Special Development Tax - One-Time (the One-Time Tax) to Neighborhoods P and Q had been calculated in error. This appeal was presented to the Appeals Panel for review. During its review the Appeals Panel separated the issue into two parts. The first action was to clarify how to calculate the density of a project when determining the CFD special taxes. Once that was determined, it was then necessary to consider the specific appeal of Kaufman and Broad in light of the broader definition. The issues and actions addressed by the Appeals Panel are stated below. - PAGE TWO OF AGENDA BILL NO. 14,836 ISSUE 1: THE CALCULATION OF THE DENSITY OF A PROJECT FOR THE APPLICATION OF THE SPECIAL DEVELOPMENT TAX - ONE-TIME ON A RESIDENTIAL PARCEL In accordance with the Rate and Method of Apportionment, a residential property pays the One-Time Tax on a per dwelling unit basis at the time of building permit issuance. There are two levels of one- time taxes which are applied depending on the land use category (density) of the project. The first level covers property with a density of greater than four dwelling units to the acre. The second level applies to property with a density of four or less dwelling units to the acre. The second level has the higher per unit tax obligation. The density of any project is calculated by dividing the “developable” acres within the project by the number of approved dwelling units. The “developable” acres of a project are defined as the total acreage of a property minus the “undevelopable” acres of land. Examples of “undevelopable” land includes: steep slopes; major power transmission corridors; floodways; significant habitat, etc. The density of a project can, therefore, be considered its “net density.” In order to clarify this calculation, the Appeals Panel determined that the appropriate definition of net density for the purposes of calculating the tax obligation would be as shown below: Net Density: The actual approved dwelling units for the tentative map divided by the Developable Acres (as defined by the Carlsbad Municipal Code, Section 2153.230). Where no subdivision of land is required, net density shall be the actual approved dwelling units divided by the Developable Acres of the parcel (e.g., apartments). The actual approved dwelling units is being used rather than planned units or the units allowed by the General Plan category as this will best reflect the actual density achieved. The tentative map is being used to define “the project” as it contains the most accurate, reliable information that is readily available for each project. This definition is the method used to calculate the CFD tax rates for most of the projects processed in the past. The clarification will insure that the one-time special tax is uniformly applied to all future residential dwelling units and will be used on all projects in CFD No. 1. ISSUE 2: APPEAL OF KAUFMAN AND BROAD The second issue addressed in this agenda bill is the appeal by Kaufman and Broad (K&B) of the one-time taxes levied on Planning Areas P and Q of the Arroyo La Costa project. K&B believe that the General Plan designation for each of the planning areas should be used in determining the density of their project for CFD taxation purposes. The Appeals Panel believes that the General Plan designation is appropriate for a vacant land tax when the actual density is not known. However, it is not appropriate for the one-time tax because a better number is available which reflects the actual usage of the property. Thus, the Appeals Panel felt that the definition stated above is proper. PAGE THREE OF AGENDA BILL NO. 14,836 However, the density of the Arroyo La Costa project remains an issue as they processed their project differently than most. Most large developments such as master plans and specific plans process a master tentative map and then obtain approvals for individual tentative maps which create buildable lots for each of the planning areas within the master plan. The Arroyo La Costa master plan processed the entire project as a single tentative map. Therefore, using the definition set forth above, the Net Density for every Planning Area in the master plan would be 2.5 dwelling units per acre. This put the entire master plan into the higher tax category. In this case only, the Appeals Panel did feel there were sufficient reasons to make an exception to the Net Density definition stated above. The Arroyo La Costa master plan was in process when the CFD was formed and it was not possible at that time to know the effect this method of processing would have on the CFD tax rates. Therefore, the Appeals Panel voted to allow the Arroyo La Costa project only, to calculate their Net Density for CFD taxation purposes based on the Net Density of each planning area as shown on the attached schedule (Exhibit 2). However, for all future projects, the tentative map will be used and the definition given above will be clearly spelled out in all the documents pertaining to the CFD. It would not be in the City’s best interest to allow other projects to use the same approach as Arroyo La Costa. If this approach were used, it would be possible to carve out the majority of otherwise developable land not used for residential units and place them into separate planning areas, thereby artificially increasing the density of the developing planning areas and lowering their tax obligation. Staffs recommended action is for Council to sustain the decision of the Appeals Panel and approve a refund to K&B of $53,724.24. FISCAL IMPACT: Kaufman and Broad have requested a refund of $143,842.32 for Planning Areas P and Q in the Arroyo La Costa project as shown below: Planning Units One-Time One-Time Tax Area Issued Tax Paid per K&B Difference P 52 $244,339.16 $ 154,221.08 $ 90,118.08 Q 31 145.663.73 91.939.49 53.724.24 Total 83 $390,002.89 $246,160.57 $ 143,842.32 If Council sustains the decision of the Appeals Panel, K&B will receive a refund for $53,724.24 (the requested amount on Planning Area Q only). No refund will be given for Planning Area P. 3 PAGE FOUR OF AGENDA BILL NO. 14,836 If Council were to reverse the decision of the Appeals Panel and uphold K&B’s appeal (tax based on General Plan designation), a refund of $143,842.32 would be made to K&B. In addition, the CFD would collect approximately $600,000 less in special taxes than anticipated from the remainder of the Arroyo La Costa project. EXHIBITS: 1. Resolution No. 98-298 sustaining the decision of the Appeals Panel and clarifying the language of the rate and method of apportionment of special taxes for Community Facilities District No. 1. 2. Arroyo La Costa Land Use Summary 3. Notices of appeal from Kaufman and Broad. , 4 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. 98-298 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUSTAINING THE ACTION OF THE APPEALS PANEL AND CLARIFYING THE LANGUAGE OF THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR COMMUNITY FACILITIES DISTRICT NO. 1 WHEREAS, the State Legislature approved the Mello-Roos Community Facilities Act of 1982 which allows landowners to approve a special tax to be levied upon their property to fund the construction or acquisition of facilities or services, and WHEREAS, the City Council of the City of Carlsbad approved the formation of Community Facilities District No. 1 (CFD No. 1) in May 1991 to provide funding for a variety of infra-structure projects needed to meet growth management requirements, and WHEREAS, CFD No. 1 generally provides for the establishment of two types of special taxes: an annual tax on undeveloped property and a one-time tax on developed property, and WHEREAS, the formation documents for CFD No. 1 allow interpretations to be made by resolution of the City Council when needed to clarify any vagueness or ambiguity in the application of the special tax formula; WHEREAS, the formation documents also provide for an Appeals Panel to hear appeals from landowners or residents of the amount or formula of the special taxes. The Appeals Panel is made up of three members as appointed by the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 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 2. That the action of the Appeals Panel is sustained and a refund of special taxes paid for the Community Facilities District #I (CFD) by Kaufman and Broad is approved totaling $53,724.24. 3. That the following interpretation is made to the “Rate and Method of Apportionment of Special Taxes” for Community Facilities District No. 1: Definition of Net Density: The actual approved dwelling units for the tentative map divided by the Developable Acres (as defined by the Carlsbad Municipal Code, Section 21.53.230). Where no subdivision of land is required, net density shall be the actual approved dwelling units divided by the Developable Acres of the parcel (e.g., apartments). PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 8 th day of September , 1998 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Nygaard, Finnila NOES: None ABSENT: None ATTEST: KAREN R. KUNDTZ, Assistant City Clerk (SEAL) EXHIBIT 2 W frLAJLJ~iJrrrrrr rrrrrrrr rflYctzlYtYfYlY~lYlYfYfYctzfYlYfYw~ a monwkor- ~Y~HZOnolYa I-&WFMAN 2,B RC-.QD EXHIBIT 3 06/24/98 Mr. Jim Elliott, Administrative Services Director City of Carlsbad 1200 Carlsbad Village Drive Carisbad, CA 92008-I 989 SUBJECT: COMMUNITY FACILITIES DISTRICT NO. 1 SPECIAL DEVELOPMENT TAX- ONE TIME VILLAGES OF LA COSTA, NEIGHBORHOODS P AND Q Dear Mr. Elliott: We are hereby filing a protest pursuant to Chapter 9, Section 66020 of the Government Code for the imposition of fees in connection with the special development tax- one time for the City of Carlsbad Community Facilities District No. 1 (“CFD No. I”) for the above referenced project. These fees are under protest for the reason explained below. Pursuant to the General Plan for Villages of La Costa (Arroyo La Costa), the residential developed land use for neighborhood P & Q is Residential Medium (RM). Per my conversation with Barbara Hale-Carter on 7-8-97, the Special Development Tax -One Time Fee due at building permit issuance was to be !§2,965.79, which coincides with appendix F of the CFD No. 1 information Packet for the RM land use. Per a fax memo dated December 30,1997, Kaufman and Broad was notified that the decision on the land use density for the La Costa Valley projects is to use the density for the overall project, not the individual planning areas. That density would require that the CFD fee be $4,698.83 per home. Therefore, an increased fee of $1,733.04 would be due for each lot. ‘- I understand the matter has been further reviewed by the appeals panel pursuant to the letter dated March 2, 1998 from Lisa Hiidabrand; however, I h.ave not been notified of the final outcome. . , . .*. ‘i.‘-- .- /;’ ‘- :. -> ,- ._ :r : -1 i c KAUFMAN AND BROAD COASTAL. INC. i\N l)lEIiO 12626 HlCll BLUFF DRIVF SUITE 400 SAN DIEGO CALIFORNIA 92130 TEL 0,” 259 6”“” FAX 619.259.5108 \~wrofiT 1~1nc‘rl 100 BAYVIEW CIRCLE SUITE 100 NEWPORT BEACH CALIFORNIA 92660 rtL 714 ~(4 4252 FAX 714.854.4531 s The Notice of Special Tax Lien recorded on the property per file 1991-0236959 sets forth the tax to be levied based on a property category (land use density), which in this case is clearly RM per the Specific Plan. Therefore, we are tiling a protest pursuant to Chapter 9, Section 66020 of the Government Code. The amount under protest is $I,73394 per unit, which has been paid and is summarized below: PLAN CHECK # AMOUNT OVER-PAID DATE PAID 98-1592 $13,864.32 6124198 98-0304 $24,262.56 6124198 98-305 $13,864.32 6/l 7/98 Total $51,991.20 If you have any questions, please call- me at (619) 259-6000. Sincerely, KAUFMAN AND BROAD COASTAL, INC. Robin Fennell Forward Planner Assistant cc: Fred Arbuckle, Morrow Development K:,U FMAN2.B ROl-& 8.. # April 22, 1998 Mr. Jim Elliott, Administrative Services Director City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-I 989 SUBJECT: COMMUNITY FACILITIES DISTRICT NO. 1 SPECIAL DEVELOPMENT TAX- ONE TIME VILLAGES OF LA COSTA, NEIGHBORHOODS P AND Q Dear Mr. Elliott: We are hereby filing a protest pursuant to Chapter 9, Section 66020 of the Government Code for the imposition of fees in connection with the special development tax- one time for the City of Carlsbad Community Facilities District No. 1 (“CFD No. I”) for the above referenced project. These fees are under protest for the reason explained below. Pursuant to the General Plan for Villages of La Costa (Arroyo La Costa), the residential developed land use for neighborhood Q is Residential Medium (RM). Per my conversation with Barbara Hale-Carter on 7-8-97, the Special Development Tax -One Time Fee due at building permit issuance was to be $2,965.79, which coincides with appendix F of the CFD No. 1 Information Packet for the RM land use. Per a fax memo dated December 30,1997, Kaufman and Broad was notified that the decision on the !and use density for the La Costa Va!ley projects is to use the density for the overall project, not the individual planning areas. That density would require that the CFD fee be $4,698.83 per home. Therefore, an increased fee of $1,733.04 would be due for each lot. I understand the matter has been further reviewed by the appeals panel pursuant to the letter dated March 2, 1998 from Lisa Hildabrand; however, I have not been notified of the final outcome. KAUFMAN AND BROAD COASTAL, INC. SAN DIEGO: 12626 HIGH BLUFF DRIVE SUITE 400 SAN DIEGO CALIFORNIA 92130 TEL 619.259.6000 FAX 619.259.5108 NEWPORT BEACH: 100 BAYVIEW CIRCLE SUITE 100 NEWPORT BEACH CALIFORNIA 92660 TEL 714.854.4252 FAX 714.854.4531 The Notice of Special Tax Lien recorded on the property per file 1991-0236959 sets forth the tax to be levied based on a property category (land use density), which in this case is clearly RM per the Specific Plan. Therefore, we are filing a protest pursuant to Chapter 9, Section 66020 of the Government Code. The amount under protest is $1,733.04 per unit, and is summarized below: PLAN CHECK # AMOUNT OVER-PAID DATE PAID 98-0556 $13,864.32 4-6-98 98-0558 $17,330.40 4-6-98 98-0836 $13,864.32 4-22-98 I Total I $45059.04 If you have any questions, please call me at (619) 259-6000. Sincerely, KAUFMAN AND BROAD COASTAL, INC. Lisa&don Vice President cc: Fred Arbuckle, Morrow Development K,U FMANk&J RO,D February 12, 1998 Mr. Jim Elliott, Financial Management Director City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 SUBJECT: COMMUNITY FACILITIES DISTRICT NO. 1 SPECIAL DEVELOPMENT TAX- ONE TIME VILLAGES OF LA COSTA, NEIGHBORHOOD Q Dear Mr. Elliott: We are hereby filing a protest for the imposition of fees in connection with the special development tax- one time for the City of Carlsbad Community Facilities District No. 1 (“CFD No. 1”) for the above referenced project. These fees are under protest for the reason explained below. Pursuant to the General Plan for Villages of La Costa (Arroyo La Costa), the residential developed land use for neighborhood Q is Residential Medium (RM). Per my conversation with Barbara Hale-Carter on 7-8-97, the Special Development Tax -One Time Fee due at building permit issuance was to be !$2,965.79, which coincides with appendix F of the CFD No. 1 Information Packet for the RM land use. Per a fax memo dated 12-30-97, Kaufman and Broad was notified that the decision on the land use density for the La Costa Valley projects is to use the density for the overall project, not the individual planning areas. That density would require that the CFD fee to be $4,698.83 per home. Therefore, an increased fee of $1,733.04 would be due for each lot. The Notice of Special Tax Lien recorded on the property per file 1991-0236959 sets forth the tax to be levied based on a property category (land use density), which in this case is clearly RM per the Specific Plan. Therefore, we are filing a protest pursuant to Chapter 9, Section 66020 of the Government Code. The amount under protest is $1733.04 per unit, and is summarized below: r PLAN CHECK# AMOUNT OVER-PAID DATE PAID 97-2911 $5199.12 2/l 2198 97-3755 $17330.40 2/l 2198 KAUFMAN AND BROAD COASTAL, INC. SAN DI FGO: 12626 IIIGH BLUFF DRIVE SUITE 400 SAN DIEGO CALIFORNIA 92130 TEL 619.259.6000 FAX 619.259.5108 NIWI’OI~ RI.ACII 100 KAYVIEW CIRCLE SUITE 100 NEWPORT BEACH CALIFORNIA 92660 TEL 714.854.4252 FAX 714.854.4531 If you have any questions, please call me at 259-6000. Sincerely, KAUFMAN AND BROAD COASTAL, INC. ,W Vice President cc: Fred Arbuckle, Morrow Development . . K,U F MAN +k+k<B ROl& February 12,1998 Mr. Jim Elliott, Financial Management Director City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 SUBJECT: COMMUNITY FACILITIES DISTRICT NO. 1 SPECIAL DEVELOPMENT TAX- ONE TIME VILLAGES OF LA COSTA, NEIGHBORHOOD P Dear Mr. Elliott: We are hereby filing a protest for the imposition of fees in connection with the special development tax- one time for the City of Carlsbad Community Facilities District No. 1 (“CFD No. I”) for the above referenced project. These fees are under protest for the reason explained below. Pursuant to the General Plan for Villages of La Costa (Arroyo La Costa), the residential developed land use for neighborhood P is Residential Medium (RM). Per my conversation with Barbara Hale-Carter on 7-8-97, the Special Development Tax -One Time Fee due at building permit issuance was to be $2,965.79, which coincides with appendix F of the CFD No. 1 Information Packet for the RM land use. Upon payment of the fee in connection with issuance of permits on 12-29-97, a fee of $4698.83 was levied. This fee is based on a land use density of Residential Low Medium. The Notice of Special Tax Lien recorded on the property per file 1991-0236959 sets forth the tax to be levied based on a property category (land use density), which in this case is clearly RM per the Specific Plan. Therefore, we are filing a protest pursuant to Chapter 9, Section 66020 of the Government Code. The amount under protest is $1733.04 per unit, and is summarized below: PLAN CHECK # A.MOUNT OVER-PAID 97-2910 $5199.12 97-3754 $19063.44 DATE PAID 12-29-97 2-l 2-98 KAUFMAN AND BROAD COASTAL, INC. SAN DIr.co I2626 HIGH BLUrF DRIVE SUITE 400 SAN DIEGO CALIFORNIA 92130 TEL 619.259 6000 FAX 619.259.5108 i-4rwI’ou RLACII IOU HAYVIEW CIRCLE SUITE 100 NEWPORT BEACH CALIFORNIA 92660 TEL 714 854.4252 FAX 714.854.4531 ., - ’ . If you have any questions, please call me at 259-6000. Sincerely, Vice President cc: Fred Arbuckle, Morrow Development -.