HomeMy WebLinkAbout1999-06-22; City Council; 15270; CFD No. 1 Annexation No. 98/99-02CITY OF CARLSBAD - AGENDA BILL
AB# w=-- T’TLE: COMMUNITY FACILITIES DISTRICT NO. 1
MTG. 06/22/99 ANNEXATION NO. 98/99-02
DEPT. FIN (LINCOLN NORTHPOINTE)
AND 98/99-03 (LOHF SUBDIVISION)
RECOMMENDED ACTION:
Adopt Resolution No. 99 @ a%7 certifying and adding property (Lincoln Northpointe) to an
existing Community Facilities District.
Adopt Resolution No. TPaQ certifying and adding property (Lohf Subdivision) 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.
I, 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. 98/99-02 - Lincoln Northoointe
As a condition of approval for the Site Development Plan, Lincoln Northpointe is required to annex
into CFD No. 1. The applicant, WS/LNP Real Estate Limited Partnership, a Delaware limited
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 # I 5. a? 0 I
Annexation No. 98/99-03 - Lohf Subdivision
As a condition of approval for Tentative Tract Map No. 97-15, the Lohf Subdivision is required to
annex into CFD No. 1. The applicant, Western Pacific Housing - El Camino, LLC, A Delaware Limited Liability Company, has completed the required Consent and Election to Annex Property into CFD No.
1 (Exhibit 6) and accepted the boundary map showing the proposed area to be annexed (Exhibit 7).
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 8) 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.
Annexation No. 98199-02 - Lincoln Northpointe is non-residential property. The owners have
submitted plans for the development of eight buildings consisting of approximately 505,085 square
feet. 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 1998/99 tax rates,
the levy will be approximately $4,000.00. The property is also subject to the CFD No. 1 Special
Development Tax - One-Time at the time of building permit issuance. Again, using 1998/99 tax rates,
this is estimated at $1,245,000.
Annexation No. 98/99-03 - Lohf Subdivision is residential property. The owners have been approved
for the development of 73 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 1998-99 tax rates, the levy will be approximately $15,000. 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 1998-99 tax rates, this tax is estimated at $329,000. I
Through the use of the simplified annexation procedure, both the City and the owners 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 owners.
EXHIBITS:
Annexation No. 98/99-02 - Lincoln Northoointe
1. Resolution No. 4”r @a&-? , certifying and adding property (Lincoln Northpointe) 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.
a
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Page 3 of Agenda Bill # - /
Annexation No. 98/99-03 - Lohf Subdivision
5. Resolution No. 0s * 3a.g , certifying and adding property (Lohf Subdivision) to an existing CFD.
6. Consent and Election to Annex Real Property to an Existing Community Facilities District.
7. Boundary Map of the area to be annexed.
8. Notice of Annexation.
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RESOLUTION NO. 99-227
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA,
CERTIFYING AND ADDING PROPERTY
(LINCOLN NORTHPOINTE )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 COMMUNIN 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. 98/99-02 Lincoln Notthoointe
(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.
Ill
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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
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.
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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 22 day of June , 1999, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Finnila, Hall & Kulchin
NOES: None
ABSENT: None
ATTEST:
/
AMHA L&#%&EN&ANZ, City Clerk
KAREN R. KUNDTZ, Assistant City Clerk
(SEAL)
li'/:1/98 16:50 FAX 619 676 3685 WFA
-.
TO: LEGISLATIVE BODY
COh4MUNITY FACILITIES DISTRICT NO. 1
The undersigned is the owner, or duly authorized 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.
The Owner is aware of and understands the following:
[moo2
EXHIBIT 2
CONSENT AND ELECTION TO ANNEX REAL PROPERTY
TO AN EXXSTING CO MMUNlWV FACILITIES DISTRICT
CITY OF CARLSBAD
COMMNNITY FAClLITIES DISTRICT NO. 1
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 COMMSJNI TY FAClLITlES 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
infiscalyear 1494 -00
Appendix D - Page 1
1,2/l i/98 16:50 FAX 619 676 3685 SDFA @loos
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 folIowing:
l Proceedings for the formation of the District
l Proceedings to annex property in the future
l Specitic 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
CmJw
Pm day of ~@.&tA,~k , 19 4 6 , in
, California.
%wq B~lW~Db
Type or print name of signer
:ce
Title:
@additional signatures am required, please attach additional pages.)
If tbe signer is signing of behalf of a corporation or partnership. a resolution passed by tbe board of dire.clMT: identifying the name(s) of aulharized signers must be attached.
Appendix D - Page 2
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
paw& u County of 1
ss.
Name and Title of Officer (e.g., “Jane Dad, Notary Public”)
personally appeared
Name(s) of Signer(s) $r$ ersonally known to me
q proved to me on the basis of satisfactory
evidence
to be the person($ whose name(+ is/are-
subscribed to the within instrument and
acknowledged to me that he/.sbeMey executed
the same in his/t+&t4&- authorized
capacity(iee); and that by his/he+M’t
signaturewon the instrument the
the entity upon behalf of which the
acted, executed the instrument.
Place Notary Seal Above
WITNESS my hand and official seal.
Signature of Notaiy Public
Though the information below is not required by law, it may prove valuable to persons relying on the documeni
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - El Limited Cl General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
0 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 * Chatsworth, CA 91313-2402 Prod. No 5907 Reorder: Call Toll-Free 1-800-876-6827
I I I
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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. 98199-02,
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 &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. 98/99-02, 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. 98/99-02 recorded at Book , Page -I 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. RAUTENKRANZ City Clerk
City of Carlsbad
State of California
Date
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
EXHIBIT “A’
PROPERTY CATEGORIES AND MAXIMUM TAX
All taxable property within the boundaries of the Future Annexation Area shall be
subject to ANNUAL SPECIAL TAXES as applicable based upon the rates as
established for the original Community Facilities District No. 1 and further based upon
the property categories, maximum tax rates, increases and status of the issuance of
building permits, all as hereinafter set forth. Improvement Area I refers to all properties
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 and Thoroughfare District.
RESIDENTIAL PROPERTY
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 - UNDEVELOPED PROPERTY
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/l 991
IMPROVEMENT IMPROVEMENT
PROPERTY CATEGORY AREA I AREA II
Residential Low $ 281.00 $ 277.00
Residential Low to Medium 772.00 760.00
Residential Medium 1,294.oo I,21 7.00
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 issuance of a building permit, all Residential properties shall be subject to the
following described SPECIAL DEVELOPMENT TAX - ONE TIME, also subject to
increases as set forth herein, as follows:
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER
RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/l 991
IMPROVEMENT IMPROVEMENT
PROPERTY CATEGORY AREA I 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
COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED 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
increases as set forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/l 991
IMPROVEMENT IMPROVEMENT
AREA I AREA II
Commercial Property $ 2,400.OO $ 1,600.OO
Industrial 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:
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL
YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA
PROPERTY CATEGORY
COMMERCIAL USE IMPROVEMENT IMPROVEMENT
DESIGNATIONS AREA I AREA II
Restaurant - Fast Food $ 28.46
Outdoor Tennis Courts 28.14
Convenience Market 27.31
Bank with Drive-thru 18.06
Campground 17.51
Restaurant - Sit Down 15.17
Marina 14.85
Bank - Walk In 12.83
Auto - Gasoline 8.11
Grocery Store 7.78
S & L with Drive-thru 7.59
Bowling Center 6.63
Restaurant - Quality 6.57
Neigh borhood Shopping Center 6.46
Auto Car Wash 6.31
S & L - Walk In 5.51
Race Track 5.10
Library 4.26
Community Shopping Center 4.24
Hospital - General 3.88
Hotel - Conv. FacXomm. 3.47
Auto - Repair & Sales 3.41
Regional Shopping Center 3.35
Discount Store 3.22
Golf Course 3.06
Church 2.99
Office - Government 2.93
Commercial Shops 2.90
Health Club 2.89
Motel 2.69
Office - High Rise 2.67
Office - Commercial, 100,000 SF 2.56
Lumber/Hardware Store 2.47
Office - Medical 2.42
Hospital - Convalescent 2.33
$ 7.58
7.26
6.74
5.72
4.99
4.73
4.41
4.60
2.89
2.56
3.48
2.83
3.09
2.27
2.52
3.03
2.33
2.86
1.80
3.18
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 Indoor Sports Arena 2.33
PROPERTY CATEGORY
COMMERCIAL USE IMPROVEMENT
DESIGNATIONS AREA I
Resort Hotel 2.30
University 2.26
Junior College 2.19
All other Commercial Properties
not identified above 2.14
INDUSTRIAL USE IMPROVEMENT
DESIGNATIONS AREA I
Heliports $ 10.63
Industrial-Commercial
Business Park 2.14
All other Industrial Properties
not identified above 1.74
OR, IN THE ALTERNATE,
ANNUAL SPECIAL TAX
IMPROVEMENT
AREA II
1.98
1.91
1.90
1.44
IMPROVEMENT
AREA II
$ 3.67
1.51
1.42
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.
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 Enoineerinn 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.
B.
PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of the
above-referenced increase.
PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed 100%
of the above-referenced increase until annexed.
TERM OF TAX
The above taxes shall be levied until all bonds have been discharged and facilities
funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has
been paid; however, the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not
be levied for a period in excess of twenty-five (25) years per parcel.
Residential:
Once a building permit has been issued for Residential property and the SPECIAL
DEVELOPMENT TAX - ONE TIME has been paid, the property no longer will be
subject to any annual special tax.
Commercial and Industrial:
The Commercial and Industrial properties, upon the issuance of a building permit, have
the option to (I) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) assume
the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, a,s set forth above. Upon the
issuance of 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 follows: 65% to
Residential property, 35% to Commercial and 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 and Industrial property shall be taxed in an amount sufficient to meet the
35% share of facilities, which tax will include costs of issuance, interest and other
costs, including sinking fund payments for future construction as applicable.
COLLECTION OF ANNUAL TAX
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 of each property category as required, not to
exceed the maximum authorized tax.
Commercial and Industrial:
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 current or future public capital facilities. FIRST: Reduce this amount
by the funds collected from Special Development Tax - One Time and annual Special
Tax - Developed Property levied against Commercial and Industrial properties.
SECOND: Levy the annual Special Tax - Undeveloped Property on undeveloped
taxable Commercial and Industrial acreage in the proportional amounts for each
property category as required, 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: WS/LNP Real Estate Limited Partnership, a
Delaware Limited Partnership.
Assessor’s Parcel
Number: 213-020-14
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RESOLUTION NO 99-22s
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING AND
ADDING PROPERTY (LOHF SUBDIVISION)
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 I, 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. 98/99-03 - Lohf Subdivision
(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.
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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
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.
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District.
C. That the Annexed Area is formally added to and becomes a part of the
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 22 day of June , 1999, by the following vote, to wit:
AYES:Council Members Lewis, Nygaard, Finnila, Hall & Kulchin
NOES: None
ABSENT: None
ATTEST:
AHTHA #&&EN~I&NZ, City Clerk KAREN R. 'KUNDTZ, Assistant City Clerk (SEAL)
EXHIBIT 6 - -
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, 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. 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 COMMUNI TY 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 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.
C. 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.
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
in fiscal year 1979 - Q%29 .
Appendix D - Page 1 a3
-a .
.
THE UNDERSIGNED DOES HEREBY CERTIFY UNDER PENALTY OF PENURY
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 21st day of
San Diego , California.
May , 19gg ~ in
L&5 n2.N fh Cl Fl c h16Lw G - C-L G4w/!o, LLL
Property Owner:
Scot Sandstrom
Type or print name of signer:
Vice President of Development
Title:
(If additional signatures arc required, please attach additional pages.)
lf the signna is signing of behalf of a corporation or partncrsbip, a resolution passed by the board of dictors identifying the name(s) of
autborized signers must be attached.
Appendix D - Page 2
* .
CALIFORNIA ALL-PURPuSE ACKNOWLEDGMENT
State of California
County of San Diego
On May 21, 1999 before me, Erin K. Riley, Notary Public , Date Name and Title of Officer (e.g., “Jane Doe, Notary Public”)
personally appeared Scot,
Name(s) of Signer(s)
j3 personally known to me - OR - Cl proved to me on the basis of satisfactory evidence to be the person(s)
whose namet$@Yefe subscribed to the within instrument
and acknowledged to me that l@sbe&ey executed the
same in@hMheir authorized capacity@), and that by
@$nMh& signature@) on the instrument the person@,
or the entity upon behalf of which the person@ acted,
executed the instrument. EwJK.mm commruknli 1141% WITNESS my hand and official seal.
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.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name:
Cl Individual
0 Corporate Officer
Title(s):
0 Partner - 0 Limited q General
0 Attorney-in-Fact
Signer’s Name:
0 Individual
0 Corporate Officer
Title(s):
0 Partner - Cl Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: Signer Is Representing:
Q 1995 National Notary Association * 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184 Prod. No. 5907 : Call Toll-Free 1 -800-876-6827
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EXHIBIT 7
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EXHIBIT 8
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. 98199-03, 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. 98/99-03, 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 Assessors 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.
2.
3.
4.
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.
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.
Boundary map of the Future Annexation Area District recorded at Book 27, Page 21, Document No. 93220163, Maps of Assessment and Community Facilities Districts in the office of the County Recorder for the County of San Diego, State of California.
Boundary map of the Annexation Area No. 98/99-03 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. RAUTENKFWNZ City Clerk
City of Carlsbad State of California
Date
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
EXHIBIT “A”
PROPERTY CATEGORIES AND MAXIMUM TAX
All taxable property within the boundaries of the Future Annexation Area shall be
subject to ANNUAL SPECIAL TAXES as applicable based upon the rates as
established for the original Community Facilities District No. 1 and further based upon
the property categories, maximum tax rates, increases and status of the issuance of
building permits, all as hereinafter set forth. Improvement Area I refers to all properties
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 and Thoroughfare District.
RESIDENTIAL PROPERTY
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 - UNDEVELOPED PROPERTY
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/l 991
IMPROVEMENT IMPROVEMENT
PROPERTY CATEGORY AREA I AREA II
Residential Low $ 281.00 $ 277.00
Residential Low to Medium 772.00 760.00
Residential Medium 1,294.oo 1,217.OO
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 issuance of a building permit, all Residential properties shall be subject to the
following described SPECIAL DEVELOPMENT TAX - ONE TIME, also subject to
increases as set forth herein, as follows:
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER
RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
PROPERTY CATEGORY AREA I AREA 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
COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED 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
increases as set forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
AREA I AREA II
Commercial Property $ 2,400.OO $ 1,600.00
Industrial 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:
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL
YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA
PROPERTY CATEGORY
COMMERCIAL USE IMPROVEMENT IMPROVEMENT
DESIGNATIONS AREA I AREA II
Restaurant - Fast Food $ 28.46
Outdoor Tennis Courts 28.14
Convenience Market 27.31
Bank with Drive-thru 18.06
Campground 17.51
Restaurant - Sit Down 15.17
Marina 14.85
Bank - Walk In 12.83
Auto - Gasoline 8.11
Grocery Store 7.78
S & L with Drive-thru 7.59
Bowling Center 6.63
Restaurant - Quality 6.57
Neighborhood Shopping Center 6.46
Auto Car Wash 6.31
S & L - Walk In 5.51
Race Track 5.10
Library 4.26
Community Shopping Center 4.24
Hospital - General 3.88
Hotel - Conv. Fac/Comm. 3.47
Auto - Repair & Sales 3.41
Regional Shopping Center 3.35
Discount Store 3.22
Golf Course 3.06
Church 2.99
Office - Government 2.93
Commercial Shops 2.90
Health Club 2.89
Motel 2.69
Office - High Rise 2.67
Office - Commercial, 100,000 SF 2.56
Lumber/Hardware Store 2.47
Office - Medical 2.42
Hospital - Convalescent 2.33
$ 7.58
7.26
6.74
5.72
4.99
4.73
4.41
4.60
2.89
2.56
3.48
2.83
3.09
2.27
2.52
3.03
2.33
2.86
1.80
3.18
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 Indoor Sports Arena 2.33
PROPERTY CATEGORY
COMMERCIAL USE IMPROVEMENT
DESIGNATIONS AREA I
Resort Hotel 2.30
University 2.26
Junior College 2.19
All other Commercial Properties
not identified above 2.14
INDUSTRIAL USE IMPROVEMENT
DESIGNATIONS AREA I
Heliports $ 10.63
Industrial-Commercial
Business Park 2.14
All other Industrial Properties
not identified above 1.74
OR, IN THE ALTERNATE,
ANNUAL SPECIAL TAX
IMPROVEMENT
AREA II
1.98
1.91
1.90
1.44
IMPROVEMENT
AREA II
$ 3.67
1.51
1.42
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.
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 Enoineerino 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:
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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 until all bonds have been discharged and facilities
funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has
been paid; however, the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not
be levied for a period in excess of twenty-five (25) years per parcel.
Residential:
Once a building permit has been issued for Residential property and the SPECIAL
DEVELOPMENT TAX - ONE TIME has been paid, the property no longer will be
subject to any annual special tax.
Commercial and 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.
ALLOCATION OF COST AND TAX
Total capital costs for all authorized facilities shall be allocated as follows: 65% to
Residential property, 35% to Commercial and 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 and Industrial property shall be taxed in an amount sufficient to meet the
35% share of facilities, which tax will include costs of issuance, interest and other
costs, including sinking fund payments for future construction as applicable.
COLLECTION OF ANNUAL TAX
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 of each property category as required, not to
exceed the maximum authorized tax.
Commercial and Industrial:
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 current or future public capital facilities. FIRST: Reduce this amount
by the funds collected from Special Development Tax - One Time and annual Special
Tax - Developed Property levied against Commercial and Industrial properties.
SECOND: Levy the annual Special Tax - Undeveloped Property on undeveloped
taxable Commercial and Industrial acreage in the proportional amounts for each
property category as required, 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: Western Pacific Housing - El Camino, LLC, a
Delaware Limited Liability Company.
Assessor’s Parcel
Number: 215-050-18-00 &215-050-59-00