HomeMy WebLinkAbout2001-05-15; City Council; 16184; Community Facilities District No. 1 Annexation. .
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PAGE 1 OF AGENDA BILL NO. J b I 1%“)
CITY OF CARLSBAD - AGENDA BILL
AB# 1 k,! \%q TITLE:
COMMUNITY FACILITIES DISTRICT NO. 1 MTG. 05/l 5101 ANNEXATION NO. OO/Ol-01
DEPT. FIN TABATA PROPERTY
CITY ATTY. \)[3;3
CITY MGR
RECOMMENDED ACTION:
Adopt Resolution No. gm\ - IYo certifying and adding property to an existing
Community Facilities District
ITEM EXPLANATION:
Backqround
Property owners of vacant land in Carlsbad and the City wo’rked 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. OO/Ol-01 - Tabata Propertv
As a condition of approval for discretionary action received January 17, 2001, the Tabata
Property is required to annex into CFD No. 1. The applicant, Canterina, LLC, A California
Limited Liability Company, has completed the required Consent and Election to Annex
Real Property to an Existing Communities Facilities District No. 1 (Exhibit 2) and accepted
the Boundary Map Annexation No. 00101-01 area to be annexed (Exhibit 3). Council may
Page 2 of AB #16,184
5/15/01 formally authorize the annexation by certifying and adding the property into the original
Community Facilities District. After Council authorization, an Amendment to the Notice of
Special Tax Lien (Exhibit 4) will be filed with the County Recorder as a lien against the
property.
FISCAL IMPACT:
When CFD No. 1 was established, it was anticipated that all vacant, undeveloped or
underdeveloped land would annex as it developed, thus providing the necessary cash
flow to finance the construction of certain public facilities.
The property being annexed has been approved for the development of 16 single family
detached units. The property will be subject to CFD No. 1 Special Tax - Undeveloped
Property beginning in fiscal year 2001-02. The 2001-02 levy is unknown at this time,
however, using the Community Facilities District No. I 2000-01 maximum tax rates
(Exhibit 5), the levy will be approximately $I,81 0. 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 2000-01 tax rates, this tax is estimated at $76,300.
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:
I. Resolution No. 300 I-rw, certifying and adding property to an existing Community
Facilities District.
2. Consent and Election to Annex Real Property to an Existing Community Facilities
District.
3. Boundary Map Annexation No. OO/Ol-01.
4. Amendment to the Notice of Special Tax Lien.
5. Community Facilities District No. 1 2000-01 maximum tax rates,
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RESOLUTION NO. 2001-140
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. OO/Ol-01 (hereinafter referred to
as the “Annexed Area”); and
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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.
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.
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Page 2 of Resolution No. 2001-140 4
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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 2001-02.
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.
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Paae 3 of Resolution No. 2001-140
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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 15th day. of Mav 1 2001, by the following vote, to wit:
AYES: Counicl Members Lewis, Finnila, Nygaard and Hall.
NOES: None -
ABSENT: Council Member Kulchin.
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
Page 4 of Resolution NO. 2001-140
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
APPENDIX D
CONSENT AND ELECTION TO ANNEX REAL PROPERTY
Appendix D
EXHIBIT 2
EXHIBIT 2 _
CONSENT AND ELECTION TO ANNEX REAL PROPERTY
TO AN EXISTING COMMUNITY FACILITIES DISTRICT
CITY OF CARL&AD
COMMUNITY FACILITIES DISTRICT NO. 1
TO: LEGISLATIVE BODY
’ COMMUNITY FACILITIES DISTRICT NO. I
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 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 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 0 1 - Oh
Appendix D - Page I
EXHIBIT 2
THE UNDERSIGNED DOES HEREBY CERTIFY UNDER PENALTY OF PERJURY
AS FOLLOWS:
3. The Owner does consent to and approve the annexation of the Annexed Area to the
District without any additional further public hearings and without any further
election requirements. The Owner further waives the right to protest, object to or
initiate proceedings challenging the validity of the following:
l Proceedings for the formation of the District
l Proceedings to annex property in the future
l Specific annexation proceedings for the Annexed Area
4. The Owner specifically authorizes the levy of the previously approved special taxes
on all properties within the boundaries of the Annexed Area to pay for the authorized
public facilities and/or to assist in the payment for bonded indebtedness of the
Community Facilities District.
5. The Owner acknowledges the map attached and states that said map properly shows
the property to be annexed and the net developable acres per general plan land use.
EXECUTED this 23 day of .A&,#%& , -&92BT/, in
, California.
6 y!?ww- ,LLC. A- _ cd . db-fl IA Li/n/‘k d I/J&II1 I(/ &@l , p/ L
Property Owner:
(as shown on County Records)
Notary Area: ru,.+ vjs C OU&~ ,rd
attach
Type or print name of signer:
m%&Mj &d CH Title:
pages.)
If the signer is signing of behalf of a corporation or partnership, a resolution passed by the board of directors identifying the name(s)
of authorkd signers must be attached.
Appendix D - Page 2
EXHIBIT 2
THIS PAGE INTENTIONALLY LEFT BLANK.
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EXHIBIT 2
MINUTES OF THE ANNUAL MEETING OF
-. TEE BOARD OF DIRECTORS OF
LUMBERMEN’S INVESTMENT CORPORATION
- : August 9,200O.
The annual meeting of the Board of Directors of Lumbermen’s Investment
Corporation (the “Company”) was held August 9, 2000 at 1300 South MoPac
Expressway, Austin, Texas. Directors present were Kenneth R. Dubuque and Craig A.
Knight; absent was K. M. Jastrow II. Management present was J. Bradley Johnston.
There being a quorum, Mr. Dubuque called the meeting to order. Mr. Johnston acted as
( secretary of the meeting.
APPROVAL OF M3NUTES
Upon motion duly made by Mr. Dubuque, seconded by Mr. Knight and upon
unanimous vote it was:
RESOLVED,.that the minutes of the annual meeting of the Board
of Directors held on June 9, 1999 are hereby confirmed, ratified; approved
and adopted, and the Secretary of the Company is hereby directed to insert
such meetini minutes in the minute book of the Company.
.
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*. EXHIBIT 2
‘v -.
RESOLUTIQNS
Upon motion duly made by Mr. Dubuque, seconded by Mr. Knight and upon
unanimous vote, the following resolutions were approved:
1. ELECIION OF OFFICERS.
RESOLVED, that the following individuals be and they are hereby elected to the
offices set forth opposite their names, assuming the duties and responsibilities of those
offices as fiIed in the Bylaws, or as customarily associated with said office, and on such
terms and conditions as the Board of Directors shall from time to time approve:
NAME nTLE
K. M. Jastrow II Chairman of the Board and Chief Executive Officer
Craig A. Knight President and Chief Operating Officer
David W. Turpin Executive Vice President and Chief Financial Officer
John Pierret Executive Vice President
0. Philip Breland, Jr.
James Lassiter
Bobby Mann
Senior Vice President
Senior Vice President
Senior Vice President
Julie S. Ler&
J. M. Shorter
M. Richard Warner
George Resales
Vice President and Treasurer
Vice President
Vice President
Vice President, Controller and Assistant Secretary
Barbara A. Horst
Sheri M. Hemphill
Assistant Vice President
Assistant Vice President
Sue Branch Secretary
J. Bradley Johnston
Scott A. Almy
Grant F. Adamson
Ella Chandler
Nanci F. Tucker
Assistant Secretary and Corporate Coktsel
Assistant Secretary and Assistant Corporate Counsel
Assistant Secretary
Assistant Secretary
Assistant Secretary
2. AUTHORZUION FOR EXECUTMZ OFFICERS TO Exxu~~ DOCUMENTS, DESIGNATE
(1) OFFICERTITU~,A~D(~)OFFICERSAND EMPLOYEES TO EXECUTE DOCUMENTS,
ADAS SIGNATORIESON BANKACCOUNTSAND OTHERMA?TERS.
RESOLVED, that the following officers of the Company shall be and are hereby
authorized, empowered and directed to execute any and all (a) documents authorizing
de&t accounts and borrowing authorization from financial institutions, including, but
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not limited to (i) designation of financial ‘ir&itutions as depositories, (ii) parties
authorized to (aa) withdraw funds on checks, drafts, advices of debit, notes or other
orders for the payment of monies, (bb) effect wire transfer of funds, (cc) endorse checks,
drafts, notes and other items payable to or owned by the Company for deposit with the
financial institution or for collection or discount by the financial institution and to accept
drafts and other items payable at the financial institution (dd) execute special depository
agreements and arrangements, (iii) parties authorized to borrow from dnancial
institutions and execute (aa) notes, (bb) mortgages, pledges, security agreements and loan
agreements and other such documents as may be required by the financial institutions and
(iv) such authority conferred upon those persons shah be and remain in full force and
effect until the financial institutions receives written notice of revocation of each
authority; and (b) contracts, agreements, instruments, guaranties and any other documents
,:
(the “Documents”) relating to business activities of the Company as they determine in
their sole discretion, acting individually and without joinder of any other such officers, to
be on such terms and conditions as such officer deems advisable, appropriate or necessary
for the transaction of business in the name and on behalf of the Company
Chairman of the Board and Chief Executive Officer
President and Chief Operating Officer
Executive Vice President and Chief Financial Officer
Vice President and Treasurer; and
RESOLVED FUR’I’KER, that each of the foregoing officers shall be and is hereby
empowered, authorized and directed to designate (a)‘officer titles for employees and (b)
such other officers or employees over which he/she has supervisory responsibility and
authority to (1) be added to the deposit accounts and borrowing authorities and such
designees shall be authorized to act solely on behalf of and in the name of the Company
as limited by the authority granted and (2) execute any Documents pertaining to the
business transactions of the Company, including for purpose of example but not
limitation, appointments of trustees, assignments, bills of sale, contracts for services,
contracts for the sale or purchase of assets, deeds, documents required by investor or
agencies, leases on behalf of the Company or any entity in which the Company is a
partner or shareholder, mortgages, notes, powers of appointments or security..agreements;
PROVIDED, however, that any such designation must be in writing, signed by the officer
making such designation and approved by the Chairman of the Board and Chief
Executive Offricer, or President and Chief Operating Officer and specify (i) the officer
title, if any, assigned to a designee, (ii) the bank account on which the designee has been
authorized to sign, if any, (iii) the financial institution from whom the designee is
authorized to borrow funds, (iv) the authority that such designee has been granted and the
limitations on such authority, if any, and (v) the types of Documents that such designee is
authorized to execute in the name and on behalf of the Company or any entity in which
the Company is a partner or shareholder and the limitations on such authority, if any and
such designation must be reported to the Board of Directors at the meeting next following
the date on which such designation is made in accordance with the foregoing
requirements; and
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that the officer title and/or authority of such designee
that the written designation has been executed by the
RESOLVED FURTHER,
shall be effective as of the date
requisite officers; and
I
RESOLVED FURTHER, that the Secretary or any Assistant Secretary of the
Company shall be and is hereby authorized to provide certification of any such officer’sor
designee’s authority to act in the name and on behalf of the Company, as he/she deems
necessary, advisable or appropriate from and after the effective date; and
RESOLVED FURTHER, that all authorities heretofore approved or granted by
the Board of Directors shall remain in full force and effect until (a) terminated by the
: officer designating such authority, the Chairman of the Board and Chief Executive
Officer, the President and Chief Operating Officer or the Board of Directors, or (b) the
suspension, termination or resignation of the officer or employee to whom such
authorities have been granted hereunder.
3. ADOPTIONOFOFFICER'SCERTFICATEOF AUTHOIUTY.
RESOLVED, that effective as of the date hereof, the Officer’s Certificates of
Authority detailed below and executed on the date indicated, attached hereto and
incorporated herein as Exhibit B, be, and they hereby are, adopted: _
EXECUTED BY DATED AUTHORITY GIVEN To
Craig A. Knight November 12,1999 George Rosales
Craig A. Knight December 28,1999 Robert Young
Craig A. Knight December 28, I999 George Rosales
Craig A. Knight December 28,1999 George Rosales
Craig A. Knight December 28,1999 John Pier-ret
Craig A. Knight December 28,1999 James M. Lassiter
Craig A. Knight December 28,1999 Robert M. Mann
Craig A. Knight December 28,1999 0. Philip Breland, Jr.
Craig A. Knight February 9,200O 0. Philip Breland, Jr.
Craig A. Knight February 2 1,200O Robert Young
Craig A. Knight July 11,200O George Rosales
I 4. liDOPTION OF THB BUSIHESS CON-INJKY POLICY.
RESOLVED, that effective as of the date hereof, the Business
Continuity Poky as revised in June 2000 and attached hereto and
incorporated herein as Exhibit C, be, and it hereby is, adopted.
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EXHIBIT 2
There being no f&her business to come before the meeting, upon motion duly
made and seconded, it w& adjourned.
and Chief Operating Officer
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MAY 223 20Q1 4=lts FM
OFFICIAL RECURDS SCIN DIE60 COUNTY RECORDER’S OFFZCE GREGORY @fITH, ~T~RECORDER : .
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. OO/Ol-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:
To pay for certain public capital facilities, including the payment of principal and interest
on bonds, said facilities generally described as the construction and installation or
purchase of the following:
I. Public facilities generally described as new library facility, a major addition to an
existing library building, a City Hall complex, and the addition of office and
warehouse facilities at the public safety center.
II. Park improvements generally designated as the MACARIO CANYON PARK.
III. Major street improvements in portions of the following designated public streets:
FARADAY AVENUE, CANNON ROAD, LA COSTA AVENUE, OLIVENHAIN
ROAD/RANCH0 SANTA FE ROAD & LEUCADIA BOULEVARD.
IV. Major bridge and overpass facilities generally described as the LA COSTA
INTERCHANGE, POINSETTIA LANE INTERCHANGE & PALOMAR AIRPORT
ROAD INTERCHANGE.
The special tax is authorized to be levied within Community Facilities District No. I, Annexation
No. 00101-01, 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
EXHIBIT 4
13550
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. OO/Ol-01 recorded at Book 3‘5 , Page d.! ,
Document No.=/-CW?W/ Maps of Assessment and Community Facilities Districts in the
office of the County Recorde; 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 Cartsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Telephone: (760) 602-2490
City of Carlsbad
State of California
34 =&id
’ v ‘Date
EXHIBIT 4
13551
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:
EXHIBIT 4
13552
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 1990/1991
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:
20
EXHIBIT 4
13553
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL
YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA
PROPERTY CATEGORY
COMMERCIAL USE IMPROVEMENT
DESIGNATIONS AREA I
IMPROVEMENT
AREA II
Restaurant - Fast Food $ 28.46 $ 7.58
Outdoor Tennis Courts 28.14 7.26
Convenience Market 27.31 6.74
Bank with Drive-thru 18.06 5.72
Campground 17.51 4.99
Restaurant - Sit Down 15.17 4.73
Marina 14.85 4.41
Bank - Walk In 12.83 4.60
Auto - Gasoline 8.11 2.89
Grocery Store 7.78 2.56
S & L with Drive-thru 7.59 3.48
Bowling Center 6.63 2.83
Restaurant - Quality 6.57 3.09
Neighborhood Shopping Center 6.46 2.27
Auto Car Wash 6.31 2.52
S & L - Walk In 5.51 3.03
Race Track 5.10 2.33
Library 4.26 2.86
Community Shopping Center 4.24 1.80
Hospital - General 3.88 3.18
Hotel - Conv. Fac/Comm. 3.47 2.52
Auto - Repair & Sales 3.41 1.58
Regional Shopping Center 3.35 1.61
Discount Store 3.22 1.58
Golf Course 3.06 2.14
Church 2.99 1.94
Office - Government 2.93 1.88
Commercial Shops 2.90 1.58
Health Club 2.89 1.85
Motel 2.69 2.06
Office - High Rise 2.67 1.84
Office - Commercial, 100,000 SF 2.56 1.75
Lumber/Hardware Store 2.47 1.58
Office - Medical 2.42 2.07
Hospital - Convalescent 2.33 2.23
Indoor Sports Arena 2.33 2.23
EXHIBIT 4
13554
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
1990191, and are all subject to annual increases to reflect increases in construction
costs. The Construction Cost Index of the Enoineerina 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:
13555 EXHIBIT 4
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 proper& 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.
EXHIBIT 4
13556
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.
* * *
EXHIBIT 4
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
PROPERTY OWNER NAME AND ASSESSORS PARCEL NUMBER
“EXHIBIT B”
Property Owner: Canterina, LLC, A California Limited Liability
Company
Assessor’s Parcel
Numbers: 215-040-04-00