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HomeMy WebLinkAbout2012-03-27; City Council; 20849; Community Facitlities District No 1 CFD-01 Annexation No 11-12-01 Muroya SubdivisionCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 20.849 3/27/12 FIN COMMUNITY FACILITIES DISTRICT NO. 1 ANNEXATION NO. 11/12-01 MUROYA SUBDIVISION DEPT. DIRECTOR ^ CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: Adopt Resolution No. 2012-073 . certifying and adding property to an existing Community Facilities District. ITEM EXPLANATION: Background Property owners of vacant land in Carisbad and the City worked together to form Community Facilities District (CFD) No. 1. Council formed CFD No. 1 in 1991 following an elecfion by the property owners. The property owners agreed to have a special tax levied on their properties to fund the construction or acquisition of capital improvements. As such, the CFD provides funding for a variety of infrastructure projects which will be necessary to meet the requirements ofthe Growth Management Program. Pursuant to Council Policy No. 33, CFD financing is not intended to relieve any developer of the responsibility to provide funding for infrastructure improvements related to a single development. Further, to the extent that a CFD has been formed to finance the construction of public infrastructure. Council Policy No. 33 states that any and all future tax obligations related to a residenfial parcel will be discharged in full at the fime building permits are issued for the construcfion of a residential unit. Because Council Policy No. 33 ensures the obligafion on a residenfial unit is paid in full when the building permit is issued, the CFD does not affect homeowners in Carisbad. As such, a Carisbad homeowner will not pay City-imposed Mello- Roos taxes. However, per Council Policy No. 33 developers of non-residential property are provided the opfion of discharging their future tax obligafion at the fime building permits are issued or assuming the tax liability basis. Many Local Facilifies Management Zones were not included in CFD No. 1. Annexafion 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 annexation to the CFD or developer funding of all required facilities. In April 1993, Council authorized the future annexafion ofthe remaining undeveloped land into CFD No. 1. This acfion permits developers to use the simplified annexafion procedure and allows development to proceed without addifional public hearings or special elecfions. The DEPARTMENT CONTACT: Aaron Beanan 760-602-2430 aaron.beanan(@carlsbadca.qov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED K CONTINUED TO DATE SPECIFIC • DENIED CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 simplified annexation procedure lets property owners administratively petifion to annex into CFD No. 1. Upon Council approval, property will be annexed into CFD No. 1 which will fulfill their obligafion to contribute towards certain public facilities. Annexation No. 11/12-01 -Murova Subdivision As a condition of approval for discrefionary acfions received April 7, 2010, parcels 215-040-29- 00, 215-040-31-00, 215-040-32-00 and 215-040-33-00 are required to annex into CFD No. 1. The applicant, Taylor Morrison of California, LLC, a California limited liability 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 annexation of property and the levy of the special tax. The election was held on January 20, 2012. The City Clerk completed a Statement of Votes Cast showing 19 votes cast in favor of the proposifion and zero votes cast against the proposifion (included with Exhibit 1). Council may formally authorize the annexafion by certifying and adding the property into the original Community Facilifies District. After Council authorization, a Nofice of Annexafion (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 anficipated that all vacant, undeveloped, or underdeveloped land would annex as it developed. This process ensured the necessary cash flow was available to finance the construction of certain public facilities. The following estimates are based on the CFD No. 1 actual tax rates for FY 2011-12. Annexation No. 11/12-01 - Murova Subdivision The property being annexed has been approved for the subdivision and development of four parcels comprised of approximately 18.416 acres into 37 detached air-space condominium one- family dwelling units. The property will be subject to CFD No. 1 Special Tax - Undeveloped Property beginning in Fiscal Year 2012-13. Using the Fiscal Year 2011-12 tax rates, the levy will be approximately $0. The property is also subject to the CFD No. 1 Special Development Tax - One-Time, payable at the fime of building permit issuance. Using the Fiscal Year 2011- 12 tax rates, this tax is estimated at $94,011. Using the simplified annexation procedure saves the City and the owner elecfion costs and additional fime delays. A fee of $1,782 to cover annexation processing, map preparation, and filing costs has been paid by the applicant. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code secfion 21065 and CEQA Guideline secfion 15738, this does not constitute a "project" within the meaning of CEQA and therefore, does not require an environmental review. Page 3 EXHIBITS: 1. Resolution No. 2012-073 certifying and adding property to an exisfing Community Facilifies District No. 1. 2. Consent and Waiver to Shortening of Time for Conducfing a Special Election in Property Proposed to be Annexed to City of Carisbad Community Facilities District No. 1 and Appointment of Authorized Representative Annexation No. 11/12-01 - Muroya Subdivision. 3. Notice of Annexation No. 11/12-01. 4. Community Facilities District No. 1, 2011-12 actual tax rates. Exhibit 1 12 13 14 19 20 21 RESOLUTION NO. 2012-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT 5 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 9 provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, 10 Part 1, Division 2, Title 5 of the Government Code of the State of California, said Article 3.5 thereof. The exisfing 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 future annexations to the District and the territory proposed to be so annexed in the future was designated as COMMUNITY FACILITIES DISTRICT NO. 1, ''5 FUTURE ANNEXATION AREA; and 16 WHEREAS, at this fime the unanimous consent to the annexafion of certain 17 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. 11/12-01 (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 January 20, 2012, therefore, pursuant to the Act the qualified electors of the Annexed Area shall be the 22 "landowners" of such Annexed Area as such tenn is defined in Government Code 23 Secfion 53317(f) and each such landowner who is the owner of record as of January 20, 24 2012, 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 Zo WHEREAS, the fime limit specified by the Act for conducting an election to 26 submit the levy of the special taxes on the property within the Annexed Area to the 27 qualified electors of the Annexed Area and the requirements for impartial analysis and 28" Exhibit 1 1 12 13 14 ballot arguments have been waived with the unanimous consent ofthe qualified electors ^ of the Annexed Area; and 3 WHEREAS, the City Clerk of the City of Carlsbad has caused ballots to be 4 distributed to the qualified electors of the Annexed Area, has received and canvassed 5 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 fime 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 9 declare the results of the elecfion; and 10 WHEREAS, a map showing the Annexed Area and designated as Annexation 11 No. 11/12-01 (the "Annexafion 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 Carisbad, California as follows: RECITALS SECTION 1. The above recitals are all true and correct. 16 FINDINGS 17 SECTION 2. That this legislative body does hereby further determine as follows 18 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 January 20, 2012, therefore, 22 pursuant to the Act the qualified electors of the Annexed Area shall be the "landowners" 23 of such Annexed Area as such term is defined in Government Code Section 53317(f) 24 0. The qualified electors of the Annexed Area have unanimously voted in 2g favor of the levy of special taxes within the Annexed Area upon its annexation to the District 26 " 27 28 19 20 21 Exhibit 1 1 ANNEXED AREA SECTION 3. The boundaries and parcels of territory within the Annexed Area and 3 on which special taxes will be levied in order to pay for the costs and expenses of 4 authorized public facilities are shown on the Annexafion 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 9 special tax within the Annexed Area. 10 NOTICE 11 SECTIONS. Immediately upon adoption of this Resolution, nofice shall be given as follows: 12 ^2 A. A copy of the annexafion map as approved shall be filed in the Ofllce of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution B. An Amendment to the Nofice of Special Tax Lien (Notice of Annexation) 16 shall be recorded in the Office of the County Recorder no later than fifteen (15) days 17 after the date of adoption of this Resolution 18 // 19 " 20 II 21 " 22 " 23 " II 24 // 25 // 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meefing ofthe City Council of the City of Carisbad on the 27th day of March 2012, by the following vote to wit: AYES: NOES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. None. ABSENT: None. LORRAINE M. WOOD, City Clerk (SEAL) Exhibit A Certificate of Election Official and Statement of Votes Cast EXHIBIT "A" CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNL\ COUNTY OF SAN DIEGO CITYOFCARLSBAD ) ) ss. ) The undersigned, ELECTION OFFICIAL OF THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNLA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Govemment Code and Division 12, commencing with Section 17000 ofthe Elections Code ofthe State of California, I did canvass the retums of the votes cast at the CITYOFCARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 SPECIAL ELECTION ANNEXATION NO. 11/12-01 in such City, held January 20,2012. 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 19 NO 0 WITNESS my hand this 20th day of January 20 12 CLI ELECTION OFFICIAL CITY OF CARLSBAD STATE OF CALIFORNIA Exhibit B Annexation Map SCALE r = 100' BOUNDARY MAP ANNEXATION NO. 11/12 - 01 COMMUNITY FACILITIES DISTRICT NO. 1 CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA SHEET 1 OF LEGEND: ANNEXED AREA SUBDIVISION BOUNDARY PROPERTY LINES EXISTING STREETS ASSESSOR PARCEL NUMBERS: ® 215-040-29-00 6.251 AC. Q) 215-040-31-00 1.589 AC. 0 215-040-32-00 9.819 AC. (D 215-040-33-00 0.757 AV. REFERENCE THE SAN DIEGO COUNTY ASSESSOR'S MAPS FOR A DETAILED DESCRIPTION OF PARCEL LINES ANO DIMENSIONS. 2012 AT THE HOUR 0F_ „^ — • OF COMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY STATE OF CALIFORNIA. DAVID L. BUTLER COUNTY RECORDER DEPUTY COUNTY RECORDER FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF CARLSBAD THIS OAY OF 2012. CITY CLERK OF THE CITY Of CARLSBAO I HEREBY CERTIFY THAT THIS MAP SHOWING BOUNDARIES OF ANNEXATION NO. 11/12-01 COMMUNITY FACILIITES DISTRICT NO. 1. CITY OF CARLSBAO WAS APPROVED BY THE QTY COUNCIL OF THE CITY OF CARLSBAD. STATE OF CAUFORNIA AT A REGULAR MEETING HELD ON THE OAY OF 2012 BY THE ADOPTION OF RESaUTION NO CITY aERK OF THE CITY OF CARLSBAO 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. 11/12-01 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, ofthe 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 defmed 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", (Govemment 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. (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 ofthe District in an aggregate principal amount of $130,000,000 subject to inflation to finance the acquisition or construction ofthe Public Facilities and the levy ofthe 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 ofthe 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 ofthe levy ofthe 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 ofsuch 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. F. The provisions ofthe Act require that such special election be held at least ninety (90) but not more than one hundred eighty days (180) following the date ofthe 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, January 20, 2012 at 10:00 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 ofthe 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, January 20, 2012 at 10:00 a.m. or such other date as the qualified electors and the City Clerk ofthe City, acting as the official conducting the election ("City Clerk"), may mutually agree. 6. Owner expressly consents to the following: A. To the conduct of the special elecfion on Friday, January 20, 2012 at 10:00 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 Govemment 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 Govemment 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 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 ofsuch special election and the lack of arguments and impartial analysis. [Remainder of this page intentionally left blank.] PROPERTY OWNER APPOINTMENT OF AUTHORTZED REPRESENTATIVES The owner hereby appoints P/M / > ^ >J » j^c JLu/*\-.^ or '/^•'IA- altematively, as its authorized representative to vote in the subject special election, and the owncR certifies that the tme and exact signature of each altemative representative is set forth belovf:\ , ^ 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: ^l^S' %/v\ir^ C^^/K^h^ ^Y^K/O 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. THIS CONSENT AND WAIVER AND APPOINTMENT OF AUTHORIZED REPRESENTATIVES was executed this 3*^^ day of lOj^, in (Signature Type or Print Name of Signor Ifthe person execufing this document is not the owner ofthe 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 ofthe property on the line provided below: (Type or print name of the Owner) EXHIBIT A DESCRIPTION OF PROPERTY The Property is identified and described as: Ownership: Assessor Parcel Number(s): Acreage: Taylor Morrison of Califomia, LLC, 215-040-29-00 6.251 a Califomia limited liability company 215-040-31-00 1.589 215-040-32-00 9.819 215-040-33-00 0.757 Total: 4 Parcels 18.416 EXHIBIT "B" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 1 CITY OF CARLSBAD B EXHIBIT «B" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 1 CITY OF CARLSBAD PROPERTY CATEGORIES AND MAXIMUM TAX All taxable property within the boundaries of the Future Annexafion Area shall be subject to ANNUAL SPECIAL TAKES as applicable based upon the rates as established for the original Community Facilifies 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 Residenfial 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 Residenfial 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 MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT PROPERTY CATEGORY AREA I AREA II Residenfial Low $4,452.00 $3,835.00 Residenfial 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 opfion 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 TAK - 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-WalkIn 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 IMPROVEMENT AREA II $ 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 $ 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 DESIGNATIONS Resort Hotel University Junior College All other Commercial Properties not identified above IMPROVEMENT AREA I $ 2.30 2.26 2.19 2.14 IMPROVEMENT AREA II $ 1.98 1.91 1.90 1.44 INDUSTRIAL USE DESIGNATIONS Heliports Industrial-Commercial Business Park All other Industrial Properties not identified above IMPROVEMENT AREA I $ IMPROVEMENT AREA II 10.63 2.14 1.74 $ 3.67 1.51 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 construcfion costs. The Construction Cost Index of the Engineering News-Record, titled "ENR Cost Indexes in 22 Cifies" 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% ofthe above-referenced increase unfil annexed. TERM OF TAK The above taxes shall be levied unfil 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. Residenfial: 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 ofany building permit, no further increase or escalafion is authorized. ALLOCATION OF COST AND TAX Total capital costs for all authorized facilities shall be allocated as follows: 65% to Residenfial property, 35% to Commercial and Industrial property. The above costs exclude costs of issuance as needed. Residenfial prooertv 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 construcfion as applicable. Commercial and Industrial property shall be taxed in an amount sufficient to meet the 35% share of facilifies, 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 Residenfial: Determine monies necessary to make payment on bond debt service, replenish reserve, call bonds, pay bonds and Community Facilifies District No. 1 administrative costs, and pay for public capital facilifies. FIRST: Reduce this amount by the funds collected from Special Development Tax - One Time levied against residenfial 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 Facilifies District No. 1 administrative costs, and pay for current or future public capital facilifies. 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. B-6 CERTIFICATE OF INCUMBENCY AND AUTHORITY TAYLOR MORRISON OF CALIFORNIA, LLC I, the undersigned, hereby certify as follows: 1. I am the Assistant Secretary of Taylor Morrison of Califomia, LLC, a Califomia limited liability company (the "LLC"). 2. Stephen J. Wethor is the Manager of the LLC ("Manager"). 3. Pursuant to autiiority granted under the Operating Agreement of tiie LLC, the Manager has exercised his option to appoint officers of the LLC. 4. The following are current officers of the LLC: Stephen J. Wethor S. Michelle Bassett Stephen J. Wethor K. Dar Ahrens Aren A. Bazzocco James E. Jimison Philip S. Bodem J. Thomas Baine Robert T. Morandi *Also serves as the Manager President* Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President ofthe LLC Darrell C. Sherman Douglas Weed Stephen J. Wethor Darrell C. Sherman Caroline G. Estrada S. Todd Merrill Vice President Vice President Treasurer Secretary Asst. Secretary Asst. Secretary 5. It is within the scope of authority of the Manager, the President or any Vice President to execute documentation on behalf of the LLC, including without limitation, contracts or amendments to contracts, and any documents (mcluding amendments) associated with those contracts, bonds and security instmments, applications for utilities and permits, and documents (including deeds) to convey real and personal property. [Signature appears on next page.] IN WITNESS WHEREOF, I hereunto subscribe my name on August 30,2011. Caroline G. Estrada Assistant Secretary STATE OF ARIZONA COUNTY OF MARICOPA This instrument was acknowledged before me on August 30, 2011, by Caroline G. Estrada, Assistant Secretary of Taylor Morrison of Califomia, LLC on behalf of said entily. She is personally known to me. Notary Public - State of Arizona OFFICIALSEAL DAWN D. BAXTER MARICOPA COUNTY My Comm. etpires April 4,2014 Exhibit 3 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. 11/12-01) Pursuant to the requirements of Section 3117.5 of the Streets and Highways Code and Section 53339.8 of the Govemment Code, the undersigned City Clerk of the City of Carlsbad, acting for and on behalf of Commimity Facilities District No. 1 (the "District"), State of Califomia, HEREBY GIVES NOTICE that a lien is hereby imposed on certain real property aimexed 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 Califomia, 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 Govemment Code. The rate and method of apportionment of the authorized special tax is as shovm 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 ofthe maximum present value of the special tax obligation. Notice is fiirther 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 vdthin 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 ofthe County Recorder for the County of San Diego, State of Califomia, 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 Califomia. 3. Boundary map of Armexation Area No. 11/12-01 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 Califomia. For further information conceming 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: Charles McBride, Finance Director CityofCarlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Telephone: (760) 602-2760 DATED: ,2012 Lorraine M. Wood, City Clerk City of Carlsbad State of Califomia CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 PROPERTY OWNER NAMES AND ASSESSORS PARCEL NUMBERS "EXHIBIT A" Property Owner: Assessor's Parcel Nos. Taylor Morrison of Califomia, LLC, a Califomia limited liability company 215-040-29-00 215-040-31-00 215-040-32-00 215-040-33-00 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 Annexafion 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 Carisbad Bridge and Thoroughfare District. Improvement Area II is for all remaining properties within the Community Facilifies District, not within the Bridge and Thoroughfare District. RESIDENTIAL PROPERTY ANNUAL SPECIAL TAK - 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 Residenfial 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 Residenfial 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 pemnit, shall have the opfion 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 DESIGNATIONS IMPROVEMENT AREAI 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-WalkIn 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 DESIGNATIONS Resort Hotel University Junior College All other Commercial Properties not identified above IMPROVEMENT AREAI 2.30 2.26 2.19 2.14 IMPROVEMENT AREA II 1.98 1.91 1.90 1.44 INDUSTRIAL USE DESIGNATIONS Heliports Industrial-Commercial Business Park All other Industrial Properties not identified above IMPROVEMENT AREAI $ 10.63 2.14 1.74 IMPROVEMENT AREA II $ 3.67 1.51 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% ofthe 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% ofthe 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. Residenfial: Once a building permit has been issued for Residenfial 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 opfion to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) assume the ANNUAL SPECIAL TAK - 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 facilifies shall be allocated as follows: 65% to Residenfial property, 35% to Commercial and Industrial property. The above costs exclude costs of issuance as needed. Residential propertv shall be taxed in an amount sufficient to meet the 65% share of facilities, which tax will include costs of issuance, interest and other costs, including sinking fund payments for future construcfion 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 TAK Residenfial: 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 residenfial 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 IMPROVEMENT AREA I ll' VALID JULY 1, 2011 TO JUNE 30, 2012 Exhibit 4 RATE IF ANNEXED FY 2011-12 FORMATION OR ANNEXATION DATE: FY 2011-12 MTIAL DEVELOPED LAND USE: PER DU. NET DENSITY (0 -1.5 DU/AC) $4,025.5656 NET DENSITY (1.51 TO 4.0 DU/AC) $4,025.5656 NET DENSITY (4.1 TO 8.0 DU/AC) $2,540.8444 NET DENSITY (8.1 TO 15.0 DU/AC) $2,540.8444 NET DENSITY (15.1 TO 23.0 DU/AC) $2,540.8444 SIDENTIAL LAND USE: PER SQ.FT. AUTO - GASOLINE $3.3333 AUTO - REPAIR & SALES $1.4015 AUTO CAR WASH $2.5935 BANK - WALK IN $5.2732 BANK - WITH DRIVE THRU $7.4228 BOWLING ALLEY $2.7250 CAMPGROUND $7.1967 CHURCH $1.2289 COMMERCIAL SHOPS $1.1919 COMMUNITY SHOPPING CENTER $1.7427 CONVENIENCE MARKET $11.2246 DISCOUNT STORE $1.3234 GOLF COURSE $1.2577 GROCERY STORE $3.1976 HEALTH CLUB $1.1878 HELIPORTS $4.3690 HOSPITAL - CONVALESCENT $0.9576 HOSPITAL - GENERAL $1.5947 HOTEL - CONV. FAC/COMM. $1.4262 INDOOR SPORTS ARENA $0.9576 INDUSTRIAL - COMMERCIAL BUSINESS PARK (NOTE 1) $0.8796 JUNIOR COLLEGE $0.9001 LIBRARY $1.7509 LUMBER/HARDWARE STORE $1.0152 MARINA $6.1035 MOTEL $1.1056 NEIGHBORHOOD SHOPPING CENTER $2.6551 OFFICE - COMMERCIAL (< 100,000 SF) $1.0522 OFFICE - GOVERNMENT $1.2043 OFFICE-HIGH RISE $1.0974 OFFICE - MEDICAL $0.9946 OUTDOOR TENNIS COURT $11.5657 RACE TRACK $2.0961 REGIONAL SHOPPING CENTER $1.3769 RESORT HOTEL $0.9453 RESTAURANT - FAST FOOD $11.6973 RESTAURANT - QUALITY $2.7003 RESTAURANT - SIT DOWN $6.2350 S & L - WALK IN $2.2646 S & L - WITH DRIVE THRU $3.1195 UNIVERSITY $0.9289 ALL OTHER COMMERCIAL USES NOT IDENTIFIED ABOVE $0.8796 ALL OTHER INDUSTRIAL USES NOT IDENTIFIED ABOVE (NOTE 2) $0.7152 NOTE 1: 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 2011/12 - Improvement Area 1