HomeMy WebLinkAbout2002-06-25; City Council; 16811; La Costa Greens Annexation No. 01/02-014B# 16.811
MTG. 06/25/02
IEPT. FIN
AGENDA BILL m:
COMMUNITY FACILITIES DISTRICT NO. 1
ANNEXATION NO. 01/02-01
(LA COSTA GREENS)
CITY AlTY. &
CITY MGR
RECOMMENDED ACTION:
Adopt Resolution No. 2002-194 certifying and adding property to an existing
Community Facilities District.
ITEM EXPLANATION:
Backaround
Property owners of vacant land in Carlsbad and the City worked together to form
Community Facilities District (CFD) No. 1. The CFD provides funding for a variety
of infrastructure projects, which will be necessary to meet the requirements of the
Growth Management Program. Council formed CFD No. 1 in 1991, following an
election by property owners for a special tax to be levied upon their property to
fund construction or acquisition of capital projects.
The Carlsbad philosophy is that CFD financing is not intended to relieve any
property owner of the responsibility to provide funding for infrastructure
improvements related to a single development. Because our guidelines ensure
that the obligation on a residential unit is paid in full when the building permit is
issued a City CFD affects no homeowner in Carlsbad. 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. 01102-01 - La Costa Greens
As a condition of approval for discretionary action received October 23, 2001, the
La Costa Greens property is required to annex into CFD No. 1. The applicant, Real
Estate Collateral Management Company, has completed the required Consent and
Waiver to Shortening Of Time For Conducting A Special Election In Property
Proposed To Be Annexed ... (Exhibit 2). and cast a positive ballot for the
PAGE 2 OF AGENDA BILL NO. 16,811
annexation of property and the levy of the special tax. The election was held on
June 14, 2002. The City Clerk completed a Statement of Votes Cast showing 662
votes cast in favor of the proposition, and zero votes cast against the proposition
(Exhibit 1). 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 3) 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 1,038
residential dwelling units, 137,650 square feet of planned industrial development
and 6.85 net acres of community facilities. The residential units are comprised of
180 apartments, 140 town homes, and 718 single family detached dwelling units.
The property will be subject to CFD No. 1 Special Tax - Undeveloped Property
beginning in fiscal year 2002-03. Using the 2001-02 tax rates, the levy will be
approximately $72,000. 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 2001-02 tax rates, this tax is estimated at $4,360,000.
Through the use of the simplified annexation procedure, both the City and the
owner are able to avoid election costs and additional time delays. A fee of $820 to
cover annexation processing, map preparation, and filing costs has been paid by
the property owner.
EXHIBITS:
1. Resolution No. 2002-194 , certifying and adding property to Community
Facilities District No. 1.
2. Consent and Waiver to Shortening Of Time For Conducting A Special Election
In Property Proposed To Be Annexed to City of Carlsbad Community Facilities
District No. 1 and Appointment of Authorized Representatives annexation No.
01/02-01.
3. Notice of Annexation.
4. Community Facilities District No. 1 2001-02 maximum tax rates.
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EXHIBIT 1
RESOLUTION NO. zooz-194
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, CERTIFYING THE RESULTS OF
AN ELECTION AND ADDING PROPERTY TO
COMMUNITY FACITIES DISTRICT NO. 1
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA (the
“City Council”), 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 (the “District”); and,
WHEREAS, the legislative body has also established a procedure to allow and provide
for hture annexations to the District and the territory proposed to be so annexed in the future
was designated as COMMUNITY FACILITIES DISTRICT NO. 1, FUTURE ANNEXATION
AREA; and
WHEREAS, at this time the unanimous consent to the annexation of certain territory to
the District has been received from the property owner or owners of such territory, and such
territory has been designated as ANNEXATION NO. 01102- 01 (the “Annexed Area”); and
WHEREAS, less than twelve (12) registered voters have resided within the territory of
Annexed Area for each of the ninety (90) days preceding June 14, 2002, therefore, pursuant to
the Act the qualified electors of the Annexed Area shall be the “landowners” of such Annexed
Area as such term is defined in Government Code Section 53317(f) and each such landowner
who is the owner of record as of June 14, 2002, or the authorized representative thereof, shall
have one vote for each acre or portion of an acre of land that she or he owns within such
Annexed Area; and
WHEREAS, the time limit specified by the Act for conducting an election to submit the
levy of the special taxes on the property within the Annexed Area to the qualified electors of the
Annexed Area and the requirements for impartial analysis and ballot arguments have been
waived with the unanimous consent of the qualified electors of the Annexed Area; and
WHEREAS, the City Clerk of the City of Carlsbad has caused ballots to be distributed to
the qualified electors of the Annexed Area, has received and canvassed such ballots and made a
report to this City Council regarding the results of such canvas, a copy of which is attached as
Exhibit A hereto and incorporated herein by this reference; and
WHEREAS, at this time the measure voted upon and such measure did receive the
favorable 2/3’s vote of the qualified electors, and this City Council desires to declare the results
of the election; and
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WHEREAS, a map showing the Annexed Area and designated as Annexation No. 01/02-
01 (the “Annexation Map”), a copy of which is attached as Exhibit B hereto and incorporated
herein by this reference, has been submitted to 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.
FINDINGS
SECTION 2. That this legislative body does hereby further determine as follows:
A. The unanimous consent to the annexation of the Annexed Area to the District has been
given by all of the owners of the Annexed Area and such consent shall be kept on file in the^
Office of the City Clerk.
B. Less than twelve (12) registered voters have resided within the territory of Annexed Area
for each of the ninety (90) days preceding June 14,2002, therefore, pursuant to the Act the
qualified electors of the Annexed Area shall be the “landowners” of such Annexed Area as such
term is defined in Government Code Section 53317(f).
C. The qualified electors of the Annexed Area have unanimously voted in favor of the levy
of special taxes within the Annexed Area upon its annexation to the District.
ANNEXED AREA
SECTION 3. The boundaries and parcels of territory within the Annexed Area and
on which special taxes will be levied in order to pay for the costs and expenses of authorized
public facilities are shown on the Annexation Map as submitted to and hereby approved by this
legislative body.
DECLARATION OF ANNEXATION
SECTION 4. This legislative body does hereby determine and declare that the Annexed
Area is now added to and becomes a part of the District. The City Council of the City, acting as
the legislative body of the District, is hereby empowered to levy the authorized special tax within
the Annexed Area.
NOTICE
SECTION 5. Immediately upon adoption of this Resolution, notice shall be given as
follows:
Page 2 of 3 of Resolution No. 2002-194
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A. A copy of the annexation map as approved shall be filed in the Office of the
County Recorder no later than fifteen (1 5) days after the date of adoption of this Resolution.
B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be
recorded in the Office of the County Recorder no later than fifteen (1 5) days after the date of
adoption of this Resolution.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 25th
day of JUNE ,20 - 02 , by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Hall
NOES: None
ABSENT: Council Members Kulc
k6RRk!INE M. WOOD, City Clerk
Page 3 of 3 of Resolution No. 2002-194
EXHIBIT
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO ) ss.
CITY OF CARLSBAD )
The undersigned, ELECTION OFFICIAL OF THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of
Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the
Elections Code of the State of California, I did canvass the returns of the votes cast at the
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
SPECIAL ELECTION
ANNEXATION NO. 01/02-01
in such City, held June 14,2002.
I FURTHER CERTIFY that this Statement of Votes Cast shows~the whole number of votes' cast in the
area proposed to be annexed-. to Community Facilities District No. 1 of such City for or against the
Measure are hll, true and correct.
VOTES CAST ON PROPOSITION 1: YES 622 NO
STATE OF CALIFORNIA
EXHIBIT 2
CONSENT AND WAIVER TO SHORTENING OF TIME
FOR CONDUCTING A SPECIAL ELECTION IN
PROPERTY PROPOSED TO BE ANNEXED TO
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
AND APPOINTMENT OF AUTHORIZED REPRESENTATIVES
ANNEXATION NO. 01/02-01
TO: CITY COUNCIL
COMMUNITY FACILITIES DISTRICT NO. 1
OF THE CITY OF CARLSBAD
THE UNDERSIGNED DOES HEREBY CERTIFY UNDER PENALTY OF PERJURY
AS FOLLOWS:
1. The undersigned is the owner, or the duly authorized representative of such owner, of the
real property described in Exhibit "A" attached hereto and incorporated herein by reference (the
"Property"), and, in such capacity, possesses all legal authority necessary to execute this Consent
and Waiver as and on behalf of the owner of the Property (the "Owner") in connection with the
annexation of the Property to the District (as defined below).
2. The Owner is aware of and understands the following:
A. The City of Ca&bad has conducted proceedings pursuant to the "Mello-Roos
Community Facilities Act of 1982", (Government Code 5533 11 and following)
(the "Act") to form a community facilities district known and designated as
Community Facilities District No. 1 (the "District") to finance the following
described public facilities (the "Public Facilities"):
(1) Public facilities generally described as new library facility, major addition
to an existing library building, a City Hall complex, and the addition of
office and warehouse facilities at the public safety center;
(2) Park improvements generally described as the Macario Canyon Park
(3) Major street improvements in portions of the following designated public
streets:
(a,) Faraday Avenue;
(b.) Cannon Road;
(c.) La Costa Avenue;
(d.) Olivenhain/Rancho Santa Fe Road; and
(e.) Leucadia Boulevard.
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(4) Major bridge and overpass facilities generally described as:
(a,) La Costa Interchange;
(b.) Poinsettia Interchange; and
(c.) Palomar Airport Road Interchange.
B. The City and the qualified electors of the District did authorize the issuance of
bonds of the District in an aggregate principal amount of $130,000,000 subject to
inflation to finance the acquisition or construction of the Public Facilities and the
levy of the special tax set forth in Exhibit “B” hereto (the “Special Tax”) within
the District to pay for the Public Facilities, to pay debt service on bonds of the
District, or both.
C. The City Council of the City (the “City Council”) has also undertaken
proceedings ptrsuant to Article 3.5 of the Act to provide for the future annexation
of certain territory, including the Property, to the District. On May 18, 1993, the
City Council held a public hearing as required by the Act to consider the future
annexation of such territory, including the Property, to the District. Notice of
such public hearing was given in the form and manner as required by law. A
protest to such future annexation was not received from 50% or more of the
registered voters, or six registered voters, whichever is more, residing in the
territory proposed to be annexed in the future or the owners of one-half or more of
the area of land in the territory proposed to be annexed in the future. At the
conclusion of such public hearing, the City Council did approve and provide for
the annexation of the territory, including the Property, proposed for annexation in
the future upon the unanimous approval of the owner or owners of each parcel or
parcels at the time that such parcel or parcels are annexed, without additional
hearings.
D. The Act further requires, as a prerequisite to the levy of any special taxes within
the Property or the issuance of bonds secured by such special taxes, that the City
Council must submit the question of whether or not to levy any special tax within
the Property to the qualified electors of the Property at a special election. The Act
further provides that 2/3’s of the qualified electors must vote in favor of the levy
of the special tax.
E. The Act provides that the qualified electors of the Property shall be the voters
registered to vote within Property if at least twelve (12) persons, who need not
necessarily be the same twelve (12) persons, have been registered to vote within
the Property for each of the ninety (90) days preceding the close of the public
hearing to consider the annexation of the Property to the District. Otherwise, the
Act provides that the vote shall be by the landowners of the Property with each
such landowner who is the owner of record at the close of such public hearing, or
the authorized representative of such owner, having one vote for each acre or
portion of an acre of land that such landowner owns within the Property.
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F. The provisions of the Act require that such special election be held at least ninety
(90) but not more than one hundred eighty days (180) following the date of the
submission of the question of levying the special tax to the qualified electors of
the Property; provided, however, any such special election time limit specified by
the Act or requirement pertaining to the conduct of such a special election may be
waived with the unanimous consent of the qualified electors of the Property and
the concurrence of the official conducting the election. As is stated below, it is
proposed that the special election shall be held on Friday, June 14, 2002 at 9:OO
a.m. or such other date upon which all of the qualified electors of the Property and
the official conducting the election may concur.
3. The Owner consents to and expressly approves the annexation of the Property to the
District and the authorization for the levy of the Special Tax within the Property without further
public hearing conducted pursuant to the provisions of the Act. The Owner waives any right
which the Owner may have’to make any protest or complaint or undertake any legal action
challenging the validity of the proceedings of the City to authorize the future annexation of the
Property to the District or any necessity, requirement, right or entitlement for further public
hearing pertaining to the annexation of the Property to the District and the levy of the Special
Tax within the Property.
4. Owner certifies that there have been no persons residing within the Property for each of
the ninety (90) days preceding the date of this Consent and Waiver.
5. Owner desires that the special election be held on Friday, June 14, 2002 at 9:OO a.m. or
such other date as the qualified electors and the City Clerk of the City, acting as the official
conducting the election (the “City Clerk”), may mutually agree.
6. Owner expressly consents to the following:
A. To the conduct of the special election on Friday, June 14, 2002 at 9:OO a.m. or
such other date as the qualified electors and the City Clerk may mutually agree.
B. Owner expressly waives any right which owner may have to have the special
election conducted within the time periods specified in Government Code Section
53326.
C. Owner waives any requirement for the mailing of the election ballot.
D. Owner further waives any right or entitlement which Owner may have to have the
ballot for such election accompanied by arguments for or against the ballot
measure and the impartial analysis as otherwise required by Government Code
Section 53327, and/or the statement required by Elections Code Section 5300 and
following pertaining to the issuance of bonds.
E. Owner waives any protest, complaint or legal action of any nature whatsoever
pertaining to the procedures to be undertaken for the conduct of such election,
including but not limited to, the shortening of all time periods pertaining to the
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special election, including but not limited to, the time for holding the special
election and the necessity and requirement for any newspaper publication of the
notice of such special election and the lack of arguments and impartial analysis.
[Remainder of this page intentionally left blank.]
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PROPERTY OWNER APPOINTMENT OF AUTHORIZED REPRESENTATIVES
The owner hereby appoints or
alternatively, as its authorized representative to vote in the subject special election, and the
owner certifies that the true and exact signature of each alternative representative is set forth
below:
Signature of Representative (Type or Print Name of Representative)
Signature of Representative (Type or Print Name of Representative)
PROPERTY OWNER DESIGNATION OF ADDRESS FOR MAILING OF MATERIALS
The owner requests that all materials related to this annexation be mailed to the following
address:
Morrow Developmentlnc.
Carlsbad, CA 92008
1903 Wright Place, Suite 180
The owner waives any right or requirement to have such materials mailed to the address shown
on the assessor’s roll of the County of San Diego.
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THIS CONSENT AND WAIVER AND APPOINTMENT OF AUTHORIZED
REPRESENTATIVES was executed this 13th day of June , 20E, in Carlsbad , California .
(Signature)
D.A. Watts. Vice President
Type or Print Name of Signor
?emR‘&CoL(I”WM~on€K
LJlMPATJcl CS)
If the person executing this document is not the owner of the property for which this document is
being submitted but is signing for and on behalf of such owner, please fill in the name of the
owner of the property on the line provided below:
Real Estate Collateral Management Company
(Type or print name of the Owner)
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86/18/2882 13:06 7682332631 SEFA PAGE 02/83
SECRETARY’S CERTIFICATE OF
REAL ESTATE COLLATERAL MANAGEMENT COMPANY
THE UNDERSIGNED, the Secretary of Real Estate Collateral Management
Company, a Delaware corporation (the “Corporation”), does hereby certify that the
following is a true and correct copy of the resolutions adopted by the unanimous written
consent of the Board of Directors ofthe Corporation on December 12,2001 and the same
are in full force and effect as of the date hereot
RESOLVED, that Lbc Corporalion is hereby authorized to enter into all
agreements, indentures, mortgages, deeds, conveyances, licenses, permits, transfers,
contracts. discharges, releases. satisfactions. settlements, petitions, schedules, accounts.
affidavits, bonds in an aggregate amount of up to One Hundred and Thirty Million
Dollars (%130,000,000), undertakings, proxies and other instruments or documents
required or deemed necessary by an Authorized Officer IO be delivered in connection
with the development of the property owned by the Corporation and the project known as
thee Villages ofLa Costa.
FURTHER RESOLVED, that the President or any Vice President of the Corporation (the ”Authorized Officers”) are hereby authorized and directed to exccute
and deliver on behalf of the Corporation any documents and instruments necessary or
appropriate to effectuate and IO perform such other acts as may be docmed necessary and
proper to effectuate the intent and purposes of the foregoing resolution.
FURTHER RESOLVED, the Corporation does hereby ratify and confirm all
actions that have been taken in conjunction with the foregoing resolutions as of the date
hereof.
IN WITNESS WHEREOF, I have hereto set my hand on this 14” day. of December, 2001. ., . .. .. -
86/18/2882 13:86 7682332631
”
SDFA PAGE 83/83
REAL ESTATE COLLATERAL MANAGEMENT COMPANY
CERTIFICATE OF INCUMBENCY
I, L. S. Mattenson, the Secrctary of Real Estate Collateral Management Company,
a Delaware corporation, certify that the persons named below are officers of this
corporation, holding the offices set forth opposite their names, and that their
appointments have not been cancelled as of the date hereof.
L. C. Klug President
D. A. Wans Vice President
T. P. Shanley Vice hesident
Daizd: December 14,2001
/Secretary
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EXHIBIT A
DESCRIPTION OF PROPERTY
The Property is identified and described as:
Ownership: 174.55 Real Estate Collateral ManaEement I 213-030-11-00 Acreage: Assessor Parcel Number(s):
215-021-07-00
215-030-06-00
215-030-14-00
215-031-13-00
215-052-15-00
215-061-01-00
215-061-09-00
215-480-02-00
117.84
5.75
67.46
68.77
54.07
5.60
143.11
24.35
215-480-03-00 0.50
Total: 662.00 10 parcels
A- 1
EXHIBIT “B”
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 1
CITY OF CAIUSBAD
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 I1 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 1990/1991
IMPROVEMENT IMPROVEMENT
PROPERTY CATEGORY . AREA I AREA II
Residential Low $ 281.00 $ 277.00
Residential Low to Medium 772.00 I 760.00
Residential Medium 1,294.00 1,217.00 Residential Medium to High 1,984.00 1,868.00 Residential High 2,793.00 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:
B- 1 /7
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 $ 4,452.00 $ 3,835.00
Residential Low to Medium 4,452.00 3,835.00
Residential Medium 2,810.00 2,312.00
Residential Medium to High 2,810.00 2,312.00
Residential High 2,810.00 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:
B-2
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL
YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA
PROPERTY CATEGORY
COMMERCIAL USE
DESIGNATIONS
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. Fac/Comm.
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
Lumber/Hardware 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
8.11
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
1.85
2.06
1.84
1.75
1.58
2.07
2.23
2.23
B-3
PROPERTY CATEGORY
COMMERCIAL USE IMPROVEMENT IMPROVEMENT
DESIGNATIONS 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
DESIGNATIONS AREA I AREA II
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 Enqineerina 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:
B-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 andlor 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.
B-5
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.
**t
B-6
.*
RECORDING REQUESTED By DOC # 2002-0547779
JUN 28, 2002 10:23 RM
WHEN RECORDED, RETURN TO: OfFICIAL RECDRDS
CITY CLERK W DIEGO COUNTY RECORDER’S OFFICE
CITY OF CARLSBAD 613216 FEES: 35.00 GREWRY J. SHIMS COUNTY RECORDER
1200 CARLSBAD VILLAGE DRIVE ~~
CARLSBAD, CA 92008
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 City of Carlsbad, acting for
and on behalf of Community Facilities District No. 1 (the “District”), State of California,
HEREBY GIVES NOTICE that a lien is hereby imposed on certain real property annexed to the
District to secure payment of a special tax which the City Council of the City of Carlsbad,
County of San Diego, State of California, acting in its authority as the legislative body of the
District, 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 follows:
(1) Public facilities generally described as new library facility, major addition
to an existing library building, a City Hall complex, and the addition of
office and warehouse facilities at the public safety center;
(2) Park improvements generally described as the Macario Canyon Park;
(3) Major street improvements in portions of the following designated public
streets:
(a,) Faraday Avenue;
(b.) Cannon Road;
(c.) La Costa Avenue;
(d.) OlivenhainlRancho Santa Fe Road; and
(e.) Leucadia Boulevard.
(4) Major bridge and overpass facilities generally described as:
(a.) La Costa Interchange;
(b.) Poinsettia Interchange; and
(c.) Palomar Airport Road Interchange.
The special tax is authorized to be levied on the property described in Exhibit “A” attached
hereto (the “Annexed Property”) which has been annexed to Community Facilities District No.
1, 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,
613217
permanently satisfied and cancelled 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 “B”, 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 cancelled are as follows:
Any special tax 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 the Annexed
Property in accordance with Section 31 15.5 of the Streets and Highways Code.
The names of the owner(s) of the Annexed Property 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 the Annexed Property
are as set forth on the attached, referenced and incorporated Exhibit “A”.
Reference is made to the following:
1. Notice of Special Tax Lien for the original Community Facilities District recorded May
20,1991 as Document No. 91-236959, in the Office of the County Recorder for the County of
San Diego, State of California, which Notice is amended by the recordation of this document..
2. Boundary map of the original 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 Annexation Area No. 01/02- 01 recorded at Book & , Page
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:
2% , Document No.mgqnob Maps of Assessment and Community Facilities Districts in
Lisa Hildabrand, Finance Director
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Telephone: (760) 602-2490
DATED: ~ k -26 ,2002 '.
a5
613219 ..
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
PROPERTY OWNER NAME AND ASSESSORS PARCEL NUMBER
"EXHIBIT A"
Property Owner:
Assessor's Parcel
Numbers:
Real Estate Collateral Management Company
213-030-11-00
215-021-07-00
215-030-06-00
215-030-14-00
215-031-13-00
215-052-15-00
215-061-01-00
215-061-09-00
215-480-02-00
215-480-03-00
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
RATE AND METHOD OF APPORTIONMENT
EXHIBIT "B"
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 1990/1991
IMPROVEMENT IMPROVEMENT
PROPERTY CATEGORY AREA I AREA II
Residential Low $ 281.00 $ 277.00 Residential Low to Medium 772.00 760.00
Residential Medium 1,294.00 1,217.00 Residential Medium to High 1,984.00 1,868.00
Residential High 2,793.00 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:
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 $ 4,452.00 $ 3,835.00 Residential Low to Medium 4,452.00 3,835.00 Residential Medium 2,810.00 2,312.00 Residential Medium to High 2,810.00 2,312.00 Residential High 2,810.00 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:
G13222
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
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. Fac/Comm.
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
LumbedHardware Store
Office - Medical
Hospital - Convalescent
Indoor Sports Arena
$ 28.46
28.14
27.31
18.06
17.51
15.17
14.85
12.83
8.1 1
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
2.06
1.84
1.75
1.58
2.07
2.23
2.23
I .a5
.. 613223
.,I
PROPERTY CATEGORY
COMMERCIAL USE IMPROVEMENT IMPROVEMENT
DESIGNATIONS 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
DESIGNATIONS AREA I AREA I I
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 Enuineerina News-Record, titled “ENR Cost
Indexes in 22 Cities” will be used. The Index published for the month of April for the
City of Los Angeles under the column heading of “Percentage Change from Last Year“
will annually inflate each of the Maximum Annual Taxes for each year for properties as
follows:
A. PROPERTIES WITHIN 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 andlor 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.
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.
b' ..
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 ExhlM 4 COMMUNIN FACILITIES DISTRICT NO. 1 SPECIAL DEVELOPMENT TAX - ONE-TIME
IMPROVEMENT AREA I
VALID JULY 1.2W1 TO JUNE 30,2W2 I
ANNEXED
RESIDENTIAL DEVELOPED LAND USE:
NET DENSIlY (0.1.5 DUIAO $5,457.1173
NET DENSm 11.51 TO 4.0 OUIAO
NET DENSm (4.1 TO 8.0 DWAC) $3,444.4069
NET DENSIIY (8.1 TO 15.0 WlACl
NET DENSIR (15.1 TO 23.0 DUlACl
$3.*.4069
$3.444.%9
NO
NOTE 1: m1s CATEGORY OF LAND USE CONTAINS PM AND CM ZONED PROPERTY.
NOTE 2 THIS CATEGORY OF LAND US€ CONTAINS M AN0 PU ZONED PROPERTI.
Exhlbit4 - Paw 1 of 2 33
CITY OF CARLSBAD Exhibft 4
ANNUAL SPECIAL TAX UNDEVELOPED PROPERN COMMUNITY FACILITIES DISTRICT NO. 1
IMPROVEMENTAREA 1
1 VALID JULY 1,2001 TO JUNE 30,2002
ANNEXATION
FY 2001-02
MAXIMUM
I FORMATION OR ANNEXATION DATE: 1 FY2001-02
NON-RESIDENTIAL UNDEVELOPED LAND USE:
INDUSTRIAL PROPERTY
AGRICULTURAL PROPERTY
$2,941.8422 COMMERCIAL PROPERTY
PER NET ACRE
$1,470.9211 $0.0000
Exhibit 4 - Page 2 of 2 34