HomeMy WebLinkAbout2006-06-27; City Council; 18621; Community Facilities District No.1CITY OF CARLSBAD - AGENDA BILL
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MTG.
DEPT.
10.621
06-27-2006
FIN
COMMUNITY FACILITIES DISTRICT NO. 1
ANNEXATION NO. 05/06-03
CASSIA PROFESSIONAL OFFICES
DEPT. HEADXJ
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2006-178 certifying and adding property to an existing Community
Facilities District.
ITEM EXPLANATION:
Background
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.
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
D
D
D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
Page 2
Annexation No. 05/06-03 - Cassia Professional Offices
As a condition of approval for discretionary actions received November 2, 2005, parcel 215-
020-26-00, is required to annex into CFD No. 1. The applicants, Franz-Yut El Camino Real
LLC, a California Limited Liability Company, have 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 positive ballots for the annexation of property and the levy of the special
tax. The election was held on January 30, 2006. The City Clerk completed a Statement of
Votes Cast showing votes cast in favor of the proposition and zero votes cast against the
proposition (Exhibit 1-Attachment A). 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 following estimates are based upon
CFD No. 1 2005-06 actual tax rates (Exhibit 4).
Annexation No. 05/06-03- Cassia Professional Offices
The property being annexed has been approved for the development of two office buildings,
comprised of approximately 1.64 net acres. The property will be subject to CFD No. 1 Special
Tax - Undeveloped Property beginning in fiscal year 2006-07. Using the 2005-06 tax rates, the
levy will be approximately $0 because vacant land is not levied a tax. 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 2005-06 tax rates, this tax is estimated at $15,256.
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 $1,140 to cover annexation
processing, map preparation, and filing costs has been paid by the applicants.
EXHIBITS:
1. Resolution No. 2006-178 certifying an election 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 Representative Annexation No. 05/06-03 - Cassia Professional
Offices.
3. Notice of Annexation No. 05/06-03.
4. Community Facilities District No. 1, 2005-06 actual tax rates.
DEPARTMENT CONTACT: David Barnum, 760-602-2430; email: dbarn@ci.carlsbad.ca.us
Si
Exhibit 1
1 RESOLUTION NO. 2006-178
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, CERTIFYING THE
3 RESULTS OF AN ELECTION AND ADDING PROPERTY
4 TO COMMUNITY FACILITIES DISTRICT NO. 1
5
6 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
7 CALIFORNIA (the "City Council"), has previously formed a Community Facilities District
8 pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982", being
9 Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of
10 California, said Article 3.5 thereof. The existing Community Facilities District being
H designated as COMMUNITY FACILITIES DISTRICT NO. 1 (the "District"); and,
12 WHEREAS, the legislative body has also established a procedure to allow and
13 provide for future annexations to the District and the territory proposed to be so
14 annexed in the future was designated as COMMUNITY FACILITIES DISTRICT NO. 1,
15 FUTURE ANNEXATION AREA; and
16 WHEREAS, at this time the unanimous consent to the annexation of certain
17 territory to the District has been received from the property owner or owners of such
18 territory, and such territory has been designated as ANNEXATION NO. 05/06-03 (the
19 "Annexed Area"); and
20 WHEREAS, less than twelve (12) registered voters have resided within the
21 territory of Annexed Area for each of the ninety (90) days preceding January 30, 2006,
22 therefore, pursuant to the Act the qualified electors of the Annexed Area shall be the
23 "landowners" of such Annexed Area as such term is defined in Government Code
24 Section 53317(f) and each such landowner who is the owner of record as of January 30,
25 2006, or the authorized representative thereof, shall have one vote for each acre or
26 portion of an acre of land that she or he owns within such Annexed Area; and
27
3
Exhibit 1
1 WHEREAS, the time limit specified by the Act for conducting an election to
2 submit the levy of the special taxes on the property within the Annexed Area to the
3 qualified electors of the Annexed Area and the requirements for impartial analysis and
4 ballot arguments have been waived with the unanimous consent of the qualified electors
5 of the Annexed Area; and
6 WHEREAS, the City Clerk of the City of Carlsbad has caused ballots to be
7 distributed to the qualified electors of the Annexed Area, has received and canvassed
8 such ballots and made a report to this City Council regarding the results of such canvas,
9 a copy of which is attached as Attachment A hereto and incorporated herein by this
10 reference; and
11 WHEREAS, at this time the measure voted upon and such measure did receive
12 the favorable 2/3's vote of the qualified electors, and this City Council desires to declare
13 the results of the election; and
14 WHEREAS, a map showing the Annexed Area and designated as Annexation
15 No. 05/06-03 (the "Annexation Map"), a copy of which is attached as Attachment B
16 hereto and incorporated herein by this reference, has been submitted to this legislative
17 body.
18
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of19
Carlsbad, California, as follows:
21 1. The above recitals are all true and correct.
22 2. That this legislative body does hereby further determine as follows:
23 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
2*5 such consent shall be kept on file in the Office of the City Clerk.
26
27
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Exhibit 1
1 B. Less than twelve (12) registered voters have resided within the
2 territory of Annexed Area for each of the ninety (90) days preceding
3 January 30, 2006, therefore, pursuant to the Act the qualified electors of
4 the Annexed Area shall be the "landowners" of such Annexed Area as
5 such term is defined in Government Code Section 53317(f).
6 C. The qualified electors of the Annexed Area have unanimously voted
7 in favor of the levy of special taxes within the Annexed Area upon its
8 annexation to the District.
9 3. The boundaries and parcels of territory within the Annexed Area and on
10 which special taxes will be levied in order to pay for the costs and
11 expenses of authorized public facilities are shown on the Annexation Map
12 as submitted to and hereby approved by this legislative body.
13 4. This legislative body does hereby determine and declare that the Annexed
14 Area is now added to and becomes a part of the District. The City Council
15 of the City, acting as the legislative body of the District, is hereby
16 empowered to levy the authorized special tax within the Annexed Area.
17 5. Immediately upon adoption of this Resolution, notice shall be given as
18 follows:
19 A. A copy of the annexation map as approved shall be filed in the
20 Office of the County Recorder no later than fifteen (15) days after the date
21 of adoption of this Resolution.
22 B. An Amendment to the Notice of Special Tax Lien (Notice of
23 Annexation) shall be recorded in the Office of the County Recorder no
24 later than fifteen (15) days after the date of adoption of this Resolution.
25
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 27th day of June, 2006, by the following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
ATTEST:
Attachment A
EXHIBIT "A"
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
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. 05/06-03
in such City, held January 30, 2006.
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 full, true and correct.
VOTES CAST ON PROPOSITION 1: YES
NO
WITNESS my hand this 3rd day of February 20 06 .
ELECTION OFFICIAL
CITY OF CARLSBAD
STATE OF CALIFORNIA
7
Attachment B
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. 05/06-03
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 Carlsbad has conducted proceedings pursuant to the "Mello-Roos
Community Facilities Act of 1982", (Government Code §53311 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.
Exhibit 2
(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 pursuant 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.
10
Exhibit 2
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 Monday, January 30th, 2006 at
12:30 p.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 Monday, January 30th, 2006 at 12:30
p.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 Monday, January 30th, 2006 at 12:30
p.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,
\\
Exhibit 2
including but not limited to, the shortening of all time periods pertaining to the
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.]
4
Exhibit 2
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:
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.
i3
Exhibit 2
THIS CONSENT AND WAIVER AND APPOINTMENT OF AUTHORIZED
REPRESENTATIVES was executed this /? day of J^cn^^e^ , 20 o^ in
Type or Print Name of Signor
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:
(Type or print name of the Owner)
WHEN RECORDED, RETURN TO:
CITY CLERK
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008
AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN
(NOTICE OF ANNEXATION NO. 05/06-03)
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 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.) Olivenhain/Rancho 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,
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 3115.5 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-
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 Annexation Area No. 05/06-03 recorded at Book , Page
, Document No. , Maps of Assessment and Community Facilities Districts in
the Office of the County Recorder for the County of San Diego, State of California.
For further information concerning the current and estimated future tax liability of owners or
purchasers of real property subject to this special tax lien, interested persons should contact the
following designated person:
Lisa Irvine, Finance Director
City of Carlsbad
Finance Department
1635 Faraday Avenue
Carlsbad, CA 92008
Telephone: (760) 602-2430
Dated : s-UUwLs , 2006
iline
City of Carlsbad
State of California
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
PROPERTY OWNER NAMES AND ASSESSORS PARCEL NUMBERS
"EXHIBIT A"
Property Owner: Franz-Yut El Camino Real, LLC, a California Limited
Liability Company
Assessor's Parcel No.: 215-020-26-00
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:
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL
YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA
PROPERTY CATEGORY
COMMERCIAL USE IMPROVEMENT IMPROVEMENT
DESIGNATIONS AREA I AREA II
Restaurant - Fast Food $ 28.46 $ 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-Walkln 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
PROPERTY CATEGORY
COMMERCIAL USE IMPROVEMENT IMPROVEMENT
DESIGNATIONS AREA I AREA II
Resort Hotel 2.30 1.98
University 2.26 1.91
Junior College 2.19 1.90
All other Commercial Properties
not identified above 2.14 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 Engineering 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 and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has
been paid; however, the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not
be levied for a period in excess of twenty-five (25) years per parcel.
Residential:
Once a building permit has been issued for Residential property and the SPECIAL
DEVELOPMENT TAX - ONE TIME has been paid, the property no longer will be subject
to any annual special tax.
Commercial and Industrial:
The Commercial and Industrial properties, upon the issuance of a building permit, have
the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) assume the
ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. Upon the
issuance of any building permit, no further increase or escalation is authorized.
ALLOCATION OF COST AND TAX
Total capital costs for all authorized facilities shall be allocated as follows: 65% to
Residential property, 35% to Commercial and Industrial property. The above costs
exclude costs of issuance as needed.
Residential property shall be taxed in an amount sufficient to meet the 65% share of
facilities, which tax will include costs of issuance, interest and other costs, including
sinking fund payments for future construction as applicable.
Commercial and Industrial property shall be taxed in an amount sufficient to meet the
35% share of facilities, which tax will include costs of issuance, interest and other costs,
including sinking fund payments for future construction as applicable.
COLLECTION OF ANNUAL TAX
Residential:
Determine monies necessary to make payment on bond debt service, replenish reserve,
call bonds, pay bonds and Community Facilities District No. 1 administrative costs, and
pay for public capital facilities. FIRST: Reduce this amount by the funds collected from
Special Development Tax - One Time levied against residential properties. SECOND:
The remaining funds needed are to be collected by the levy of the annual Special Tax -
Undeveloped Property on undeveloped taxable residential acreage, in the proportional
amounts of each property category as required, not to exceed the maximum authorized
tax.
Commercial and Industrial:
Determine monies necessary to make payment on bond debt service, replenish reserve,
call bonds, pay bonds, and Community Facilities District No. 1 administrative costs, and
pay for current or future public capital facilities. FIRST: Reduce this amount by the
funds collected from Special Development Tax - One Time and annual Special Tax -
Developed Property levied against Commercial and Industrial properties. SECOND:
Levy the annual Special Tax - Undeveloped Property on undeveloped taxable
Commercial and Industrial acreage in the proportional amounts for each property
category as required, not to exceed the maximum tax.
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
SPECIAL DEVELOPMENT TAX -
ONE-TIME
IMPROVEMENTAREA I
I VALID JULY 1, 2005 TO JUNE 30. 2006
Exhibit 4
RATE IF
ANNEXED
FY 2005-06
FORMATION OR ANNEXATION DATE: | FY 2005-06 |
RESIDENTIAL DEVELOPED LAND USE:
NET DENSITY (0 - 1 .5 DU/AC)
NET DENSITY (1.51 TO 4.0 DU/AC)
NET DENSITY (4.1 TO 8.0 DU/AC)
NET DENSITY (8.1 TO 15.0 DU/AC)
NET DENSITY (15.1 TO 23.0 DU/AC)
PER DU.
$1,859.4356
$1,859.4356
$1,173.6330
$1,173.6330
$1,173.6330
NON-RESIDENTIAL LAND USE:
AUTO - GASOLINE
AUTO - REPAIR & SALES
AUTO CAR WASH
BANK - WALK IN
BANK - WITH DRIVE THRU
BOWLING ALLEY
CAMPGROUND
CHURCH
COMMERCIAL SHOPS
COMMUNITY SHOPPING CENTER
CONVENIENCE MARKET
DISCOUNT STORE
GOLF COURSE
GROCERY STORE
HEALTH CLUB
HELIPORTS
HOSPITAL - CONVALESCENT
HOSPITAL - GENERAL
HOTEL - CONV. FAC/COMM.
INDOOR SPORTS ARENA
INDUSTRIAL - COMMERCIAL
BUSINESS PARK (NOTE 1)
JUNIOR COLLEGE
IBRARY
UMBER/HARDWARE STORE
MARINA
MOTEL
EIGHBORHOOD SHOPPING CENTER
FFICE - COMMERCIAL (< 100,000 SF)
FFICE - GOVERNMENT
FFICE - HIGH RISE
FFICE - MEDICAL
UTDOOR TENNIS COURT
RACE TRACK
EGIONAL SHOPPING CENTER
ESORT HOTEL
ESTAURANT - FAST FOOD
ESTAURANT - QUALITY
ESTAURANT - SIT DOWN
& L - WALK IN
& L - WITH DRIVE THRU
NIVERSITY
LL OTHER COMMERCIAL USES
NOT IDENTIFIED ABOVE
L OTHER INDUSTRIAL USES
NOT IDENTIFIED ABOVE (NOTE 2)
PER SQ.FT.
$3.3872
$1.4242
$2.6355
$5.3586
$7.5430
$2.7691
$7.3133
$1.2488
$1.2112
$1.7709
$11.4064
$1.3449
$1.2780
$3.2494
$1.2070
$4.4398
$0.9732
$1.6205
$1.4493
$0.9732
$0.8938
$0.9147
$1.7792
$1.0316
$6.2023
$1.1235
$2.6981
$1.0692
$1.2238
$1.1152
$1.0107
$11.7530
$2.1301
$1.3992
$0.9606
$11.8867
$2.7440
$6.3359
$2.3013
$3.1701
$0.9439
$0.8938
$0.7267
NOTE1: THIS CATEGORY OF LAND USE
CONTAINS PM AND CM ZONED PROPERTY.
NOTE 2: THIS CATEGORY OF LAND USE
CONTAINS M AND PU ZONED PROPERTY.
Actual Special Tax 2005-2006 for Improvement Area 1