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HomeMy WebLinkAbout2000-07-11; City Council; 15810; Community Facilities District No. 1T- 5 I1 CITY OF CARLSBAD -AGENDA BILL\) v. DEPTHD. TITLE: COMMUNITY FACILITIES DISTRICT NO. 1 STEINER PROPERTY AB# [s,b10 ANNEXATION NO. 99/00-01 CITY MGR~ MTG?’’ ?i&%%?‘ DEPT. - FIN RECOMMENDED ACTION: Adopt Resolution No. Facilities District. -a1 b certifying and adding property to an existing Community ITEM EXPLANATION: Backs round 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. I, thus fulfilling their obligation for certain public facilities. Annexation No. 99/00-01 - Steiner ProDertv As a condition of approval for discretionary approvals received January 25, 2000, the Steiner Property is required to annex into CFD No. 1. The applicants, Joseph R. and Marian Steiner, have 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. i c ', * Page 2 of Agenda Bill # jb! 8)o 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. This property being annexed has been approved for the development of 9 single family detached units. The property will be subject to CFD No. 1 Special Tax - Undeveloped Property beginning in fiscal year 2000-01. The 2000-01 levy is unknown at this time, however, using the 1999-00 tax rates, the levy will be approximately $1,800. 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 1999-00 tax rates, this tax is estimated at $41,500. 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. dOOO -d I (a: 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 1999-00 maximum tax rates. 6. Location map. 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 RESOLUTION NO. 2000-216 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING AND ADDING PROPERTY TO AN EXISTING COMMUNITY FACILITIES DI STRl CT 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. 99/00-01 (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: 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. 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 ANNEXATION AREA SECTION 3. That the boundaries and parcels of territory herein annexed and on which special taxes will be levied in order to pay for the costs and expenses of authorized public facilities is described as follows: All that property annexed to the existing Community Facilities District as said territory is shown on a map as herein approved by this legislative body, said map designated by the number of the annexation and the name of the District, a copy of which is on file and shall remain open for public inspection. FINDINGS SECTION 4. That this legislative body does hereby further determine as follows: A. That the unanimous consent to the annexation as submitted by the property owners is hereby certified and approved and shall be kept on 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 2000-01. 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. Ill Ill Ill Ill Ill I// I// 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 =lay of July , 2000, by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, and Kulchin NOES: ABSENT: Council Member N - -ry w 6AUDE A. Lwlg, Mayor ATTEST: KAREN R. KUNDTZ, Assistant City Clerk (SEAL) EXHIBIT 2 __ 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-Roos Community Facilities District Act of 1982” (Government Code Section 533 1 1 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. Proceedinss have also been authorized to allow annexation of property in the hture 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 2900 - zm/-. Appendix D - Page 1 G x 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 hrther public hearings and without any hrther election requirements. The Owner hrther waives the right to protest, object to or initiate proceedings challenging the validity of the following: 0 0 Proceedings for the formation of the District Proceedings to annex property in the fhre 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 1 B\* day of &?nmm , a, in San Diego , California. Property Owner: Records) S c o t S and s t r om Type or print name of signer: Vice President of Development Title: (Ifadditional signatures are required. please attach additional pages.) If the sign= is signing of behalf of a corporation or partnenhip, a resolution passed by the board of direaor~ identLQiig the name(s) of authorized signers must be ached Appendix D - Page 2 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Dieno On 2-18-00 before me, Amy S. Goldschmidt. Notary Public 1 personally appeared Scot C. Sandstrom personally known to me UELCSL- -) to be the person@ whose name($ is/- subscribed to the within instrument and acknowledged to me that he/.shgCthey-executed the same in hiss ’ authorized capacity++ and that by hisfkrfhir signature@+ on the instrument the persono, or entity upon behalf of which the person@ acted, executed the instrument. WITNESS my hand and official seal. .b d -.- 04/14/00 - 08:56 FAX 310 648 7207 - , '. I W. P. H. -_ @I 002 UNWOUS WRI'IT" CONSENT OF THE BOARD OF DIKECTORS OF AP LHI, mc. We, the undersigned, as member of the Board of Directors of AP LHI, INC., a corporation organized under the General Corporation Law of California (the "Corporation"), being all the members of such Board as presently constituted, do by this writing consent to take the following actions and adopt the following resolutions: WHEREAS, the Corporation is the managing member of Western Pacific Housing-Carhbad I, LLC, a Delaware limited liability company and Western Pacific Housing-Torrey, LLC, a Delaware limited liability company (together 'WPH'); and WHEREAS, WPH is in the business of acquiriag property and engaging-in the development, zoning, rezoning, design, improvement and construction of single family residcnces, bownhouses, and condominiums upon such property for sale to the home-buying public; and WHEREAS, it is in the interest of WPB to negotiate, enter into, modify and ternsinate agreements involving third parties relating to the business of WF"; and WHEREAS, Scot C, Sandstrom, Vice President of the Corporation, in its capacity as &he managing member of WPH, has fiom time to time negotiated signed, modified and terminated various agreements with third parties, relating to the business of the Corporation, in its capacity as the managing member of WPH and WHEREAS, the Board of Directors wishes to authorize, approve and ratify the actions taken by Scot C. Sandstrom, acting in his capacity as Vice President of the Corporation, acting in its capacity as the managing member of WH, in having negotiated, signed, modified and termhated such agreements, and to authorize and hect Scot C. Sandstrom to negotiate, sign, modify and terminate such agreements 5om time to time wlien he deems it to be in the best interest of the Corporation, in its capacity as the managing member of WPH. NOW, THEREFORE, BE lT RESOLVED, the actions of Scot C. Sandstrom, acting in his capacity as a Vice President of the Corporation, acting in its capacity as the managing member of WPH, in having negotiated, siped, modified and tenminated various agreements from time to time, arc hereby authorized, approved and ratified; rind BE IT RESOLVED FUNRl?R, that Scot C. Sandstrom, acting in his capacity as a Vice President of the Corporntion, acfhg in its capacity as the managing member of WPH, is hmeby authorized and directed to negotiate, sip, modify and terminate, from time to time when he deems it to be in the best interest of the Corporation, in its capacity as the managing member of W", agreements relating to the business of the Corporation, in its capacity as managing member of WPH. We direct that this consent be filed pith the Minutes of the proceedings of the dkectors of the corporation. This consent is executed pursuant to Section 307(b) and Section 2.12 of the Bylaws of the corporation, both unanimod written consent without a meeting. DATED: April 1,2000 of the Corporations Code of the State of California, of which authorize the directors to take action by ,&e S. Rosenfeld GL Craig A. Manchester Thomas co- -4 B 2 m I I I I I I I I I I I I -T---------- ___-___-____-- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I RECORD~NG REQUESTED BY. 4368 WHEN RECORDED, RETURN TO: CITY CLERK CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 JUL 3-99 2000 12~56 PM OFFICIRL RECORDS SBN DIEM COUNTY KillRDER'S OFFIM FEES: 32.W GREGORY J. %ISH:, COlJNTY RECWDER __ - .. . . 2000-0380356 AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) Pursuant to the requirements of Section 31 17.5 of the Streets and Highways Code and Section 53339.8 of the Government Code, the undersigned CITY CLERK of the legislative body of the 01, 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: CITY OF CARLSBAD, COMMUNITY FACILITIES DISTRICT NO. 1, ANNEXATION NO. 99/00- To pay for certain public capital facilities, including the payment of principal and interest on bonds, said facilities generally described as the construction and installation or purchase of the following: I. Public facilities generally described as new library facility, a major addition to an existing library building, a City Hall complex, and the addition of office and warehouse facilities at the public safety center. II. Park improvements generally designated as the MACARIO CANYON PARK. Ill. Major street improvements in portions of the following designated public streets: FARADAY AVENUE, CANNON ROAD, LA COSTA AVENUE, OLIVENHAIN ROAD/RANCHO SANTA FE ROAD & LEU CAD I A 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. 99/00-01, 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 AB 15,810 7-11-00 Resolution No. 2000-216 4369 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 31 15.5 of the Streets and Highways Code. The names of the owner@) 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. 90-6741 18, 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. 99/00-01 recorded at Book34 , Page Y 7, Document No.rn38Waps 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 1635 Faraday Avenue Carlsbad, CA 92008 Telephone: (760) 602-2430 bate- City of carlsbad State of California 4370 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 199011991 IMPROVE ME NT IMPROVEMENT PROPERTY CATEGORY AREA I AREA II Residential Low $ 281.00 Residential Low to Medium 772.00 Residential Medium 1,294.00 Residential Medium to High 1,984.00 Residential High 2,793.00 $ 277.00 760.00 1,217.00 1,868.00 2,739.00 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: - 4371 MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT PROP E RTY CATEGORY AREA I AREA II Residential Low $ 4,452.00 Residential Low to Medium 4,452.00 Residential Medium 2,810.00 Residential Medium to High 2,810.00 Residential High 2,810.00 $ 3,835.00 3,835.00 2,312.00 2,312.00 2,312.00 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 $ 2,400.00 $ 1,600.00 Industrial Property 1,200.00 960.00 Agricultural Property -0- -0- All Commercial and Industrial Property, upon the issuance of a 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: - 4372 MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA PROPERTY CATEGORY COMMERCIAL USE DES I G N AT1 0 N S Restaurant - Fast Food Outdoor Tennis Courts Convenience Market Bank with Drive-thru Campground Restaurant - Sit Down Marina Bank -Walk In Auto - Gasoline Grocery Store S & L with Drive-thru Bowling Center Restaurant - Quality Neighborhood Shopping Center Auto Car Wash S & L -Walk In Race Track Library Community Shopping Center Hospital - General Hotel - Conv. FacKomm. Auto - Repair & Sales Regional Shopping Center Discount Store Golf Course Church Office - Government Commercial Shops Health Club Motel Office - High Rise Office - Commercial, 100,000 SF LumberIHardware Store Office - Medical Hospital - Convalescent Indoor Sports Arena IMPROVEMENT AREA I $ 28.46 28.14 27.31 18.06 . 17.51 15.17 14.85 12.83 8.1 I 7.78 7.59 6.63 6.57 6.46 6.31 5.51 5.10 4.26 4.24 3.88 3.47 3.41 3.35 3.22 3.06 2.99 2.93 2.90 2.89 2.69 2.67 2.56 2.47 2.42 2.33 2.33 IMPROVEMENT AREA II $ 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 I .85 2.06 1.84 1.75 1.58 2.07 2.23 2.23 4373 PROPERTY CATEGORY COMMERCIAL USE IMPROVEMENT IMPROVEMENT DES I G NAT IO N S AREA I AREA II Resort Hotel University Junior College 2.30 2.26 2.19 All other Commercial Properties not identified above 2.14 1.98 1.91 1.90 1.44 INDUSTRIAL USE IMPROVEMENT IMPROVEMENT DES I G N AT1 0 N S AREA I AREA li Heliports $ 10.63 $ 3.67 Industrial-Commercial Business Park 2.14 1.51 All other Industrial Properties not identified above 1.74 1.42 OR, IN THE ALTERNATE, ANNUAL SPECIAL TAX The “Maximum Annual Special Tax - Developed Property” for any Fiscal Year 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 Engineerinq 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: 4374 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 propertv 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. 4375 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. *** . 4376 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 PROPERTY OWNER NAME AND ASSESSORS PARCEL NUMBERS "EXHIBIT B" Property Owner: Western Pacific Housing Carlsbad I Assessor's Parcel Number: 21 5-050-58 -00 - CITYOFCARI \D COMMUNITY FACILITIES DISTRICT NO. 1 IMPROVEMENT AREA I SPECIAL DEVELOPMENT TAX - ONE-TIME NOT IDENTIFIED ABOVE NOT IDENTIFIED ABOVE (NOTE 2) ALL OTHER INDUSTRIAL USES ANNEXED FY 1999-00 2.4654 2.0046 VALID JULY 1, 1999 TO JUNE 30, 2000 11 FY 1999-00 RESIDENTIAL DEVELOPED LAND USE: Exhibit 5 NON-RESIDENTIAL LAND USE: I P€/?SQ./T I INDUSTRIAL - COMMERCIAL Page 1 of 2 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 ANNUAL SPECIAL TAX UNDEVELOPED PROPERTY RESIDENTIAL UNDEVELOPED LAND USE: RESIDENTIAL LOW (RL) RESIDENTIAL LOW MEDIUM (RLM) RESIDENTIAL MEDIUM (RM) RFSIDFNTIAI HIGH (RH\ RESIDENTIAL MEDIUM HIGH (RMH) Exhibit 5 PER NET ACRE PER NET ACRE $323.7255 $128.0345 $889.381 1 , $351.7533 $1,490.7502 $589.5968 $3.21 7.6702 $1.272.5996 $2,285.6633 $903.9877 MAXIMUM 99/00 FOR COMMERCIAL PROPERTY INDUSTRIAL PROPERTY AGRICULTURAL PROPERTY $2,764.91 53 $1,640.3002 $1,382.4576 $820.1501 $0.0000 $0.0000 NON-RESIDENTIAL UNDEVELOPED LAND USE: I PERNETACRE I PERNETACRE I Page 2 of 2 EXHIBIT 6 SITE1 \\ *' ' STEINER PROPERTY ZC 99-06/LCPA 99-05/CT 99-1 31 SDP 99-1 O/CDP 99-26lHDP 99-1 2