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HomeMy WebLinkAbout1998-12-08; City Council; 14964; Annexation No. 98/99-1 CFD No. 1!! E % . . p 2 =! Y z 3TY OF CARLSBAD - AGEI. - A BILL COMMUNITY FAClLlTlES DISTRICT NO. 1 MTG. 12/08/98 ANNEXATlON NO. 98/99-l COLINA ROBLE RECOMMENDED ACTION: Adopt Resolution No. q8*397 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. Annexation No. 98199-l - Colina Roble As a condition of approval for Tentative Tract Map No. 98-02, Colina Roble is required to annex into CFD No. 1. The applicant, Wiegand Properties Partnership, 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. . . - Page 2 of Agenda Bill # ! J( Thy 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 28 single-family detached units. The property will be subject to CFD No. 1 Special Tax - Undeveloped Property beginning in fiscal year 1999/00. The 1999/00 levy is unknown at this time, however, using the 1998199 tax rates, the levy will be approximately $7,500. The property is also subject to the CFD No. 1 Special Development Tax - One-Time at the time of building permit issuance. Again, using the 1998199 tax rates, this tax is estimated at $126,000. 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 $820 to cover annexation processing, map preparation, and filing costs has been paid by the property owner. EXHIBITS: 1. Resolution No. 9 8 - 3 7 7 , certifying and adding property to an existing CFD. 2. 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 1998-99 maximum tax rates. a 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. 98-397 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING AND ADDING PROPERTY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 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. 98199-1 (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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 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 20 .- - 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 follows: SECTION 4. That this legislative body does hereby further determine as A. That the unanimous consent to the annexation as submitted by the property owners is hereby certified and approved and shall be kept on file 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 Property will commence fiscal year 1999-00. C. That the Annexed Area is formally added to and becomes a part of the District. 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 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 offke of the County Recorder. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 8th day of December, 1998, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall NOES: None ABSENT: None ATTEST: dlQJAd?.?y ALETHA L. RAUTENKRANZ, City Cler (SEAL) EXHIBIT 2 - TO: LEGISLATIVE BODY COMMUNITY FACILITIES DISTRICT NO. 1 1. 2. The undersigned is the owner, or duly +horized representative of said owner, of the property as shown on the attached map (the “Owne?), and is the appropriate person with legal authorization to sign this consent, vote and elect to annex 1 property to the District. The Owner is aware of and understands the following: CONSENT AND ELECTION TO ANNEX REAL PROPERTY TO AN EXISTING COMMUNITY FACILJTIES DISTRICT CITY OF CARLSBAD COlMMUMTY FA-S DISTRICT NO. 1 ; A The City of Carlsbad has conducted proceeding pursuant to the “Mello-Roes 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. B. Proceedings have also been author&d 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 C. That the Oher 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 D. 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. E. The property being annexed will be subject to all applicable special taxes upon annexation. The Annual Special Tax - Undevelopable Property will commence infiscalyear ’ 99 - ‘00~ . THE UNDERSIGNED DOES HEREBY CERTIFY UNDER PENAtTY OF PERKJRY AS FOLLOWS: . 3. The Owner does consent to and approve the annexation of the Annexe; Area to the District without any additional further public hearings and without any fkther 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 f5ture l Specific annexation proceedings fir the Annexed Area 4. The Owner specifically authorizes the levy of the previously approved special taxes on aJJ properties within the boundaries of the Annexed Area to pay for the authorized public fkilities and/or to assist in the payment for bonded indebtedness of @e 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. ExCmD this sixteenth day of October , 19 98 , in Dixon , California. WiegancI Properties Partnership Property Owner: (as shown on County Records) (&@ -) * , LO’, By: (Signature)/ \ Carlkiegand Notary Area: Carl Wiegand (partner and acting Type or print name of signer: manag1ng partner) Acting managing partner and one . na rt.ner Tie: (Ifadditiondsigmtufessrcnquirrd,pIcaseatradraddilionalpags) Ifthesi~issigningof~ofacolporationar~,a;golutionpasedbythebosrdofdirrctorsidcntifLingthe~e(s)of sdmizedsigners~beon;lchcd. . . - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Solano On October 16, 1998 before me, Denise A Raycraft, Notary Public , - Date Name and THle of Officer (e.g., =lane Des, Notary Publii) personally appeared Carl Wiegand , Name(s) of Signer(s) Mpersonally known to me - OR - Cl proved to me on the basis of satisfactory evidence to be the person(9 whose name@) isMs subscribed to the within instrument and acknowledged to me that he/8tMtMry executed the same in his/h&t$t+M~authorized capacity&%)$ and that by CEti!SE A. ?.4YCizA3 CGfTlr;,ijsion d 105339 NOtOFy P&!ic - Cciifxnie 5 d his##Mtbdr signature@) on the instrument the person&), or the entity upon behalf of which the person&) acted, executed the instrument. 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. Description of Attached Document . Title or Type of Document: Consent & Election to Annex Real Property Document Date: October 16, 1998 Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’sName:Carl Wieqand Signer’s Name: Cl Individual 0 Corporate Officer Title(s): q Partner - Cl Limited q General 0 Attornev-in-Fact 0 Trustee 0 Guardian or Conservator q Other: Signer Is Representing: Cl Individual Cl Corporate Officer Title(s): 0 Partner - Cl Limited 0 General 0 Attorney-in-Fact 0 Trustee q Guardian or Conservator 0 Other: Signer Is Representing: I 1 0 1994 National Notary Association * 8236 Remmet Ave., P.O. Box 7184. Cancga Park, CAg1309-,184 Prod. No. 6907 Reorder: call Toll-Free 1-800-8764827 ATTORNEY AT LAW Oct. 16, 1998 - 6940 TREMONT ROAD, DIXON, CALIFORNIA 95620 TELEPHONE (.rIo>676-9259 FAX (1G’) 678-4613 State Bar #32615 TO WHOM THIS MAY CONCERN: The enclosed Resolution is current and in effect. Harold Wiegand is the managing partner and is currently visiting in New Mexico. He has been consulted and has asked Carl Wiegand, his brother, to execute the Consent and Election document enclosed. Oct. 16, 1998 Ronald N. P Wiegand Properties Partnership \ WIEGAND PROPERTIES PARTNERSHIP (Resolution) Wiegand Properties Partnership is now comprised of Carl . Wiegand, Harold Wiegand, John Wiegand and Dan Wiegand. Harold Wiegand is the managing partner, and in his absence Carl Wiegand is designated as acting managing partner. Ronald N. Paul is the current attorney for the partnership, and has acted in that capacity for approximately eight years. Mr. Paul, Carl and Harold are all in Dixon, California. Dan and John are in southern California. The managing partner or acting managing partner is authorized to sign all documents for the partnership, which is and shall remain a California general partnership. Carl may sign whenever Harold is gone from the area, and after telephone consultation. Dated: Resolved and Agreed: ~~~~~d barold Wieganc$ CERTIFICATION OF PROJECT MANAGER The undersigned is the duly appointed and acting PROJECT MANAGER for the proceedings relating to the annexation of property to the District. That on the \ s* day of h\ovcmber 1998, I did review the signatures as contained on the CONSENT AND ELECTION TO ANNEX REAL PROPERTY TO AN EXISTING COMMUNITY FACILITIES DISTRICT, and hereby certify and state as follows: 1. That I caused said Consent and Election to be examined, and my examination revealed that said Consent and Election had been signed by all qualified electors of the property proposed to be annexed to the District or their duly authorized representatives, and that said persons were the authorized persons to sign on behalf of the owners or the property within the boundaries of the territory proposed to be annexed to the District. 2. That said Consent and Election did contain the signatures representing 100% of all of the qualified electors within the property proposed to be annexed to the District. EXECUTED this day of t&~~mti~, \ st 1998, at Carlsbad, California. Project Manager Carlsbad, California M.ar,osZN .19WL awsmv3x)~ ___e---- SIlwtQx)~~ ( I I I I I s I 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. 98199-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 Carlsbad, 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 theMACARl0 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 &LEUCADlA 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. 98/99-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 13 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. 98/99-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 ALETHA L. FtAlJTENKRANZ City Clerk City of Carlsbad State of California Date CITY OF CARLSEAD COMMUNITY FACILITIES DISTRICT NO. 1 KXEIBIT 'A' PROPERTY CkTEGORIES AND MAXIMUM TAX All taxable property within the boundaries of the Future Annexa- tion Area shall be subject to 'ANNUAL. SPECIAL TAXES as applicable baeed upon the rates as established for the original Community Facilities District No. 1 and further based upon the property categories, mwimum tax raten, increases and otatuo of the i6suance of building permits, all a6 hereinafter 6et forth. Improvement Ilrea I refers to all prOpertie Within the boundaries of the City of Carlsbad Bridge and Thoroughfare District. Improvement Area II is for all remaining properties within the Community Facilities District, not within the Bridge & Thoroughfare District. ‘I R&IDE?iTIAL PROPZRTT ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable property prior to the issuance of a building permit shall be subject to the following maximum annual rpecial taxes, subject to increases as set forth herein: HAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991 PROPERTY CATEGORY IMPROVEMENT IMPROVEMENT AREA1 AREA II Residential Low s 281.00 5 277.00 Reaidential Low to Medium 772.00 760.00 Residential Medium 1,294.oo 1,217.00 Residential Medium to High 1,984.OO 1,868.OO Residential High 2,793.oo 2,739.oo SPECIAL DEVELOPMENT TAX - ONE TIME Upon the i6suance of a building permit, all Residential properties shall be subject to the following described SPECIAL DEVELOPMENT TAX - ONE TIME, also subject to increases a6 set forth herein, as follows: MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER RESIDENTIAL DUELLING UNIT FOR FISCAL YEAR 1990/1991 -8 IMPROVEMENT IMPROVEMENT PROPERTY CATEGORY AREA1 AREA II Residential .Low $ 4,452.OO s 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 2,312.00 Residential High 2,810.OO 2,312.OO IS cz%lEERcUSL, Imu- ~OragRPRoPERTY ANNUAL SPECIAL TAX - DNDE'JELOPED PROPERTY All taxable Commercial and Industrial Property prior to the issuance of a building permit sh+ll be subject to the following maximum annual special taxes, also subject to increases as Bet forth herein: 0 MAXIXUM ANNUAL SPECIAL TAX - UM)EVELOPED PROPERTY PER DEVELOPABLE ACRE FOR FISCAL YEAR lggo/lgg1 1l4PR0vExENT IHPROVEMEWT -. AREA1 AREA II Commercial Property $ 2,400.OO 5 1,600.OO Industria? 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) aseume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY for a period of not to exceed twenty-five (25) years, generally in the amounts per propert category as follows: MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL YEAR lBBO/Bl PER SQUARE FOOT OF BUILDING AREA PROPERTY CATEGORY w IMPROVEXENT IMPROVE24ENT COMMERCIAL USE DESIGNATIONS AREA1 AREA II Restaurant - Fa8t Food S 28.46 5 7.58 Outdoor Tennis Courts 28.14 7.26 Conienience 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 C L with Orive-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 Centet 4.24 1.80 Hospital '- General 3.08 3.18 , . - - COMMERCIAL USE DESIGNATIONS Hotel - Conv. Fac/Comm. 3.47 Auto - Repair h Sales 3.41 Regional Shopping Center 3.35 Diecount Store 3.22 Golf Course 3.06 Church 1 2.99 Office - Government 2.93 Commercial Shops 2.90 Health Club 2.89 Hotel -. 2.69 Office - High Rise 2.67 IMPROVRXENT IMPROVEXENT AREA I AREA II 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 Office - Commercial, 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 2.56 2.47 2.42 2.33 2.33 2.30 2.26 2.19 2.14 IMPROV'MENT INDUSTRIAL USE DESIGNATIONS _ AREA I Heliports S 10.63 Industrial-Connnercial Business Park 2.14 All other Industrial Properties not identified above 1.74 1.44 IMPROVEMENT AREA 11 S 3.67 1.91 1.42 ANNUAL SPECIAL TAX The "Maximum Annual Special Tax - Developed Property" for any Fiscal Year shall not exceed 13.81% of the authorised "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. ANNUAL TAX InCReASE 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 Enqineering 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: A. PROPERTIES WITHIN TBE DISTRICT: Not to exceed 50% of the above-referenced increase. B. PROPERT.IES TO BE SUBSEQUENTLY ANNEXED: Not to exceed 100% of the above-referenced increase until annexed. TERHOFTAX The above taxes ahall be levied until all bonds have been discharged and facilities funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TINE has been paid; however, the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not be levied for a period in exceslr- of twenty-five (25) years per parcel. Residential: Once a bkilding permit has been issued for Residential property and the SPECIAL DEVELOPMENT TAX - OWE TIME has been paid, the property no longer will be subject to any annual special tax. Commercial h Industrial: The Commercial and Industrial properties, upon the issuance of a building permit, have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. Upon the issuance of any building permit, no further increase or escalation is authorized. ALLOCFiTION OF COST AND TAX Total capital cost8 for all authorizad facilities shall be allocated as follows: 65%'to Residential property, 35% to Commercial C Industrial property. The above costs exclude costs of issuance as needed. Residential property shall be taxed in an amount sufficient to meet the 65% share of facilities, which tax will include costs of issuance, interest and other costs, including sinking fund payments for future construction as applicable. Commercial b; Industrial properly shall be taxed in an amount sufficient to meet the 3S8 share of facilitie!, which tax will include costs of issuance, interest and other costs, including sinking fund payments for future construction as applicable. . WLLECTION OF ANNUAL TAX 4 Residential: Determine monies necessary to make payment on bond debt service, replenish reserve, call bonds, pay bonds and Community Facilities District No. 1 administrative costs, and pay for public capital facilities. FIRST: Reduce this amount by the funds collected ,from Special 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 for each property category as required, not to exceed the maximum authorised tax. Commercial and Industrial: Determine~monies necelreary to make payment on bond debt oervice, replenish reserve, call bonds, pay bond8 and Cornunity Facililiee District No. 1 administrative costs, and pay for current or future public capital facilities. FIRST : Reduce this amount by the funds collected from special Development Tax - One Time and annual Special Tax 7 Devploped Property levied against commercial and industrial properties. SECOND: Levy the annual Special Tax - Undeveloped Property on undeveloped taxable comme'rcial and industrial acreage in the proportional amounts for each property category aa required, not to exceed the maximum tax. -. * l * i CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 PROPERTY OWNER NAME AND ASSESSORS PARCEL NUMBERS “EXHIBIT B” Property Owner: Weigand Properties Partnership Assessor’s Parcel Number: 255-040-55-00 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 SPECIAL DEVELOPMENT TAX - ONE-TIME IMPROVEMENT AREA I EXHIBIT 5 NON-RESIDENTIAL IAND USE: AUTO - GASOLINE AUTO - REPAIR & SALES AUTO CAR WASH BANK - WALK IN BANK - WITH DRIVE THRU BOWLING ALLEY CAMPGROUND CHURCH , PER SO. FT. $9.1330 3.8402 7.1060 14.4485 20.3382 7.4664 19.7188 3.3672 COMMERCIAL SHOPS 3.2658 COMMUNITY SHOPPING CENTER 4.7749 CONVENIENCE MARKET 30.7551 DISCOUNT STORE 3.6262 GOLF COURSE 3.4460 GROCERY STORE 8.7614 IOFFICE - MEDICAL I 2.7253 1 L OUTDOOR TENNIS COURT 31.6898 RACE TRACK 5.7433 REGIONAL SHOPPING CENTER 3.7726 RESORT HOTEL 2.5901 RESTAURANT - FAST FOOD 32.0501 RESTAURANT - QUALITY 7.3988 RESTAURANT - SIT DOWN 17.0836 S&L-WALKIN 6.2051 S & L - WITH DRIVE THRU 8.5475 UNIVERSITY 2.5451 ALL OTHER COMMERCIAL USES NOT IDENTIFIED ABOVE 2.4100 ALL OTHER INDUSTRIAL USES NOT IDENTIFIED ABOVE (NOTE 2) 1.9595 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. Page 1 of 2 at . CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 ANNUAL SPECIAL TAX UNDEVELOPED PROPERTY IMPROVEMENT AREA ! EXHIBIT 5 ANNEXATION ACTUAL MAXIMUM LEVY 98199 FOR FY 1998-99 ANNEX 1997-98 FORMATION OR ANNEXATION DATE: II FY 1998-99 I FY 1997-98 RESIDEN TIAL UNDEVELOPED LAND USE: RESIDENTIAL LOW (RL) RESIDENTIAL LOW MEDIUM (RLM) RESIDENTIAL MEDIUM (RM) RESIDENTIAL MEDIUM HIGH (RMH) RESIDENTIAL HIGH IRH) PER NET ACRE $316.4472 869.3852 I ,457.2338 2,234.2750 3.145.3276 PER NET ACRE $157.2855 432.1154 724.2970 1,110.5141 1 e563.3397 NON-RESIDENTIAL UNDEVELOPED LAND USE: COMMERCIAL PROPERTY INDUSTRIAL PROPERTY AGRICULTURAL PROPERTY PER NET ACRE $2,702.7520 1,351.3760 0.0000 PER NET ACRE $1,612.0367 806.01 a3 0.0000 Page 2 of 2