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HomeMy WebLinkAbout2015-08-25; City Council; 22069; District 1 Annexation 14/15-01 Golden Surf 6796 Paseo Del North APN 214-531-51-00 Lots 1 2PAGE 2 property owners administratively petition to annex into CFD No. 1. Upon Council approval, property will be annexed into CFD No. 1 which will fulfill their obligation to contribute towards certain public facilities. Annexation No. 14/15-01-Golden Surf As a condition of approval for discretionary actions received April 15, 2015, parcel 214-531-51-00 (Lots 1 and 2) is required to annex into CFD No. 1. The applicant. Golden Surf Holdings LLC, 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 July 15, 2015. The City Clerk completed a Statement of Votes Cast showing 1 vote cast in favor of the proposition and zero votes cast against the proposition (included with 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. 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 2015-16. Annexation No. 14/15-01-Golden Surf The property being annexed has been approved to subdivide a 1.08 acre infill site into three (3) separate lots and four (4) airspace condominium units. Development of the site includes construction of four (4) detached two-story single-family condominium units with exclusive use areas and a common drive on proposed Lot 1 (0.61 acres), and a 3,250 square foot two-story home on proposed Lot 2 (0.16 acres). The existing residence and second dwelling unit are proposed to remain on the newly proposed Lot 3 (0.31 acres.) The property being annexed will be subject to CFD No. 1 Special Tax - Undeveloped Property beginning in Fiscal Year 2016-17. Using the Fiscal Year 2015-16 tax rates, the levy will be approximately $0. The property being annexed is also subject to the CFD No. 1 Special Development Tax - One-Time, payable at the time of building permit issuance. Using the Fiscal Year 2015-16 tax rates, this tax is estimated at $13,731 for residential developed land use. Using the simplified annexation procedure saves the City and the owner election costs and additional time delays. A fee of $1,752 to cover annexation processing, map preparation, and filing costs has been paid by the applicant. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065 and CEQA Guideline section 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. 2015-221 certifying and adding property to an existing 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. 14/15-01 - Golden Surf. 3. Notice of Annexation No. 14/15-01. 4. Community Facilities District No. 1, 2015-16 actual tax rates. 3 Exhibit 1 RESOLUTION NO. 2015-221 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING THE RESULTS OF AN ELECTION AND 4 ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1, GOLDEN SURF, 6796 PASEO DEL NORTE, APN 214-531-51-00 LOTS 5 1AND2 WHEREAS, the CITY COUNCIL ofthe CITY OF CARLSBAD, CALIFORNIA (the "City Council"), has previously formed a Community Facilities District pursuant to the provisions ofthe "Mello- Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the 6 7 8 9 JQ Government Code of the State of California, said Article 3.5 thereof. The existing Community 11 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, FUTURE ANNEXATION AREA; and 12 13 14 15 16 Ij WHEREAS, at this time the unanimous consent to the annexation of certain territory to 18 the District has been received from the property owner or owners of such territory, and such territory has been designated as ANNEXATION NO. 14/15-01 (the "Annexed Area"); and WHEREAS, less than twelve (12) registered voters have resided within the territory of Annexed Area for each ofthe ninety (90) days preceding July 15, 2015, therefore, pursuant to the 19 20 21 22 22 Act the qualified electors of the Annexed Area shall be the "landowners" of such Annexed Area 24 as such term is defined in Government Code Section 53317(f) and each such landowner who is 25 the owner of record as of July 15, 2015, or the authorized representative thereof, shall have one 26 vote for each acre or portion of an acre of land that she or he owns within such Annexed Area; 27 and 28 " Exhibit 1 1 WHEREAS, the time limit specified by the Act for conducting an election to submit the o ^ 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 3 4 5 6 7 qualified electors of the Annexed Area, has received and canvassed such ballots and made a 8 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 9 10 11 12 j2 of the election; and 14 WHEREAS, a map showing the Annexed Area and designated as Annexation No. 14/15-01 15 (the "Annexation Map"), a copy of which is attached as Exhibit B hereto and incorporated herein 16 17 18 19 20 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 21 SECTION 1. The above recitals are all true and correct 22 FINDINGS 23 24 25 26 27 Office of the City Clerk 28 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 Exhibit 1 1 B. Less than twelve (12) registered voters have resided within the territory of 2 3 4 5 6 7 levy of special taxes within the Annexed Area upon its annexation to the District. 8 ANNEXED AREA 9 10 11 12 13 16 17 18 19 23 24 25 26 27 28 Annexed Area for each ofthe ninety (90) days preceding July 15,2015, 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 ofthe Annexed Area have unanimously voted in favor ofthe 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 14 SECTION 4. This legislative body does hereby determine and declare that the Annexed Area is 15 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 2Q SECTION 5. Immediately upon adoption of this Resolution, notice shall be given as follows: 21 A.A copy of the annexation map as approved shall be filed in the Office of the County 22 Recorder no later than fifteen (15) 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 (15) days after the date of adoption of this Resolution. Exhibit A Certificate of Election Official and Statement of Votes Cast 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 Califomia, I did canvass the retums of the votes cast at the CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 SPECIAL ELECTION ANNEXATION NO. 14/15-01 in such City, originally scheduled to be held on July 14, 2015, and rescheduled to July 15, 2015. 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 2n. day of ts .,20jS CITY CLERK ELECTION OFKIOAL CITY OF CARLSBAD STATE OF CALIFORNIA 9 Exhibit B Annexation Map 0 —k r CO i o 2 31WN13a03SVd II Exhibit 2 CONSENT AND WAIVER TO SHORTENING OF TIME FOR CONDUCTING A SPECIAL ELECTION IN PROPERTY PROPOSED TO BE ANNEXED TO CITYOFCARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 AND APPOINTMENT OF AUTHORIZED REPRESENTATIVES ANNEXATION NO. 14/15-01 TO: CTTY 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 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", (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. 1^ (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 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 ofthe 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 ofan acre of land that such landowner owns within the Property. /3 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 ofthe submission ofthe 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 ofthe qualified electors ofthe Property and the concun-ence of the official conducting the election. As is stated below, it is proposed that the special election shall be held on Tuesday, July 14, 2015 at 9:00 a.m. or such other date upon which all ofthe qualified electors ofthe 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 ofthe Special Tax within the Property without further public hearmg conducted pursuant to the provisions ofthe Act. The Owner waives any right which the Owner may have to make any protest or complaint or undertake any legal action challengmg the validity of the proceedings ofthe City to authorize the fiiture 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 ofthe 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 Tuesday, July 14, 2015 at 9:00 a m or such other date as the qualified electors and the City Clerk of the 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 election on Tuesday, July 14, 2015 at 9:00 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 ofthe 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 ofthe notice of such special election and the lack of arguments and impartial analysis. [Remainder of this page intentionally left blank.] PROPERTY OWNER APPOINTMENT OF AUTHORIZED REPRESENTATIVFS The owner hereby appoints or altematively, 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 beiow: S ignature 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 MATERIAL.S 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. THIS CONSENT AND WAIVER AND APPOINTMENT OF AUTHORIZED REPRESENTATIVES was executed this jO day of ~^i^l u , 20AS_, in (Signature) ^^r^.u ^ Ck.W m<o^\oPrjl 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) state of California Secretary of State Limited Liability Company Articles of Organization A $70.00 filing fee must accompany this form. Important - Read instructions before cortyteting this form. File* 201 02 94 1 0044 ENDORSED • FILED In ttM office of Ow SacrMary of State of tha State of Califomia OCT 20 2010 Thi* Space Fof FHr^ UM Only Entity NailM (EmllhcnamwilhlMwcinitTimnedUabtaiyConvnny.'ortheabbfevia The tword* tlmaMr and Xompany tnay ba abtiravlaM lo m* and Xo..' raapaenvaiy.) 1 NAMEOFtWITEDLMBIUTYCCWIPANV GoWen Si^ Holdings, LLC PurpMt (The Wtowing ttatement i* i«qt*ecl by ftalute and thould not be altered.) 2 Ti« PimPOSE OF tm umrrEO UABIUTY COMPANY IS TO ENGAGE IN ANY LAWFUL ACT OR ACTMTY FOR WWICH A UMITED UABILITY COMPANY MAY «t OAGANOXO mOER THE BEVERLYmiEA LIMITED UABILITY COMPANY ACT Initial Agent for Sarvica of ProcaM (if the agent i» an MMdual, the agent musl retide In Cafifomia and both Hero 3 and 4 mutt be compieied. If the agent Is a corporallen. 9m ageM must have on tM wHh the CaHfomia Secretary of Stale a cerWcaie pursuant to CaMomia Corporettons Code section 1505 and nam 3 muil be oompMad (leave Mem 4 blank). 3. NAMEOFIMTMLAeENTF0RSB<VICEOFPf«XESS FARZ/^ DEHMOUBED 4. AN INOMOOAL ADDRESS OF INITIAL AGENT FOR SeR\flCE OF PROCESS IN CAUFORNIA CITY STATE ZIPCODE 6586 SCAUP ST Carlsbad CA 92011 Maiiagamailt (Ctieck only one) 5. TNE UMITED LMSUTY COMPANY IMLL BE MMM6E0 BY: j I ONE MANAGER f~| MORE THAN ONE MANAGER [7] ALL UMfTEO UABIUTY COMPANY MEMBER{S) AddWonal Information 6. AOOmONAL INFORMATION SET FORTH ON THE ATTACHED PAGES, IF ANY. IS INCORPORATED HEREIN BY THIS REFERENCE ANO MADE A PART OF THIS CERTIFICATE. Execution 7 I DEClAre I AM THE PS^SON Vl«0 EXECUTED THIS INSTRUMENT. VDHK^XECUTION IS MY ACT AND DEED October 20.2010 DATE Gregory W. Koehler TYPE OR PRINT NAME OF ORGANIZER UC-1<l«V04aOM) APPROVEO BY SECRETMtY OF STATE TJ 0) X! D 0 E £, Q) Q <i. ^ * *« Minutes of the Members of Golden Surf Holdings, a CaUfornia Limited Liability Company 1. The Members, as set forth by the signatures below, and the formation ofthe LLC being October 20, 2010, met on: October 27, 2010 and met at: 6586 Scaup Street Carlsbad, CA 92011 2. RESOLVED, that this company establish in its name, one or more bank accounts, relationships and related items with various entities, and that the President, duly voted and also known as the Chief Operating Office shaU be: FARZAN DEHMOUBED, with the authority to execute all documents on behalf of the LLC. 3. It is RESOLVED FURTHER, that the company, for all future business and other such relationships pursuant to the Operating Agreement of the company, as well as the applicable sections of the California Corporations Code conduct their business accordingly. 4. It is RESOLVED FURTHER, that the company, has obtained a Federal Tax Identification number through their accountant Frank Skinner and such number is also known as their Employer Identificarion Number and is as follows: 27-3739852 5. It is furthet resolved thm thc members reviewed and accepted ihe Operaikig Agreement ofthe company, Bccordingly adopted il, as evidenced by *eir ligntlures Ihereon. All resolutions conwincd herein were voted on and the results of said votes were unanimous. Signed (print name)PresideniCEO (print dafc) Signed {print name) member (print date) ^^.Z^:::^:^^ o to Signed (print name) member (print date) ^1 EXHIBIT A DESCRIPTION OF PROPERTY The Property is identified and described as: Ownership: Assessor Parcel Numberfs): Acreage: Golden Surf Holdings, LLC, a Califomia Limited Liability Company Lot 1 and 2 of 214-531-51-00 0.77 Total: 0.77 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 CATF(:snRIES AND MAXIMUM TAY 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 Cartsbad Bridge and Thoroughfare District hTiprovement Area II is for all remaining properties within the Community Facilities Distnct, not within the Bridge and Thoroughfare District. RESIDENTIAL PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PRQPFRTY 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 AREA 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 - QNF TIMF Upon the issuance of a building permit, all Residential properties shall be subject to the following descnbed SPECIAL DEVELOPMENT TAX - ONE TIME also subiect to increases as set forth herein, as follows: ' J i ^ B-1 MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT PROPERTY CATFGnRV AREA I AREAM Residential Low $4,452 00 $3 335 00 Residential Low to Medium 4 452 00 3 835 no Residential Medium 2.'810.00 2312 00 Residential Medium to High 2.8IO 00 o'-Monr^ Residential High 2.8IO.OO 2.312:00 COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY ANNUAL SPECIAL TAX -1INDEVELOPFQ 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 sE to increases as set forth herein: suojeci 10 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 Industrial Property 1,200.00 Agricultural Property .Q. $1,600.00 960.00 -0- All Commercial and Industrial Property, upon the issuance of a building permit shall have the option to (1) pay the SPECIAL DEVELOPMENT TAX - (DNE K or 72 assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY for a perSd of not to follows " ^''^ ^'"'^'"y property Segon/ as B-2 MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA PROPERTY CATEGORY COMMERCIAL USE DESIGNATIONS IMPROVEMENT AREA I IMPROVEMENT AREA II Restaurant - Fast Food Outdoor Tennis Courts Convenience Mari<et 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 $ 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 IMPROVEMENT AREA II $ 2.30 2.26 2.19 2.14 $ 1.98 1.91 1.90 1.44 INDUSTRIAL USE DESIGNATIONS Heliports Industrial-Commercial Business Paric 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% 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 Constmction 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: 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 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) assurrie 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 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 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 - Devefoped 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 DOC# 2015-0462492 11111111111111111111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Sep 01, 2015 10:52 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, \\1) WHEN RECORDED, RETURN TO: \Cle SAN DIEGO COUNTY RECORDER FEES $45.00 PAGES 11 CITY CLERK CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION NO. 14/15-01) 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- 6741 l 8, 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. 14/15-01 recorded at Book 4-S , Page °I , Document No. 2015·· ]000 3 37 , 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: 3/ Charles McBride, Administrative Services Director City of Carlsbad DATED: Cf /2 /(5 I I Barbara Engleson, City Cl City of Carlsbad State of California 1635 Faraday Avenue Carlsbad, CA 92008 Telephone: (760) 602-2760 , 2015 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 PROPERTY OWNER NAMES AND ASSESSORS PARCEL NUMBERS "EXHIBIT A" Property Owner: Golden Surf Holdings, LLC, a Califomia Limited Liability Company Assessor's Parcel Nos.: 214-531-51-00 (Lot 1 and 2) 33 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 Carisbad 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: S^ 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: SS MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA PROPERTY CATEGORY COMMERCIAL USE IMPROVEMENT IMPROVEMENT DESIGNATIONS AREAI AREA II Restaurant - Fast Food $ 28.46 $ 7.58 Outdoor Tennis Courts 28.14 7.26 Convenience Market 27.31 6.74 Bank with Drive-thru 18.06 5.72 Campground 17.51 4.99 Restaurant - Sit Down 15.17 4.73 Marina 14.85 4.41 Bank-Walk In 12.83 4.60 Auto - Gasoline 8.11 2.89 Grocery Store 7.78 2.56 S&L with Drive-thru 7.59 3.48 Bowling Center 6.63 2.83 Restaurant - Quality 6.57 3.09 Neighborhood Shopping Center 6.46 2.27 Auto Car Wash 6.31 2.52 S&L- Walk In 5.51 3.03 Race Track 5.10 2.33 Library 4.26 2.86 Community Shopping Center 4.24 1.80 Hospital - General 3.88 3.18 Hotel - Conv. Fac/Comm. 3.47 2.52 Auto - Repair & Sales 3.41 1.58 Regional Shopping Center 3.35 1.61 Discount Store 3.22 1.58 Golf Course 3.06 2.14 Church 2.99 1.94 Office - Government 2.93 1.88 Commercial Shops 2.90 1.58 Health Club 2.89 1.85 Motel 2.69 2.06 Office - High Rise 2.67 1.84 Office - Commercial, 100,000 SF 2.56 1.75 Lumber/Hardware Store 2.47 1.58 Office - Medical 2.42 2.07 Hospital - Convalescent 2.33 2.23 Indoor Sports Arena 2.33 2.23 3lf 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 $ 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 construction costs. The Construction Cost Index of the Enqineerinq 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: 31 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. Residential: Once a building permit has been issued for Residential property and the SPECIAL DEVELOPMENT TAX - ONE TIME has been paid, the property no longer will be subject to any annual special tax. Commercial and Industrial: The Commercial and Industrial properties, upon the issuance of a building permit, have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. Upon the issuance of any building permit, no further increase or escalation is authorized. ALLOCATION OF COST AND TAX Total capital costs for all authorized facilities shall be allocated as follows: 65% to Residential property, 35% to Commercial and Industrial property. The above costs exclude costs of issuance as needed. Residential propertv shall be taxed in an amount sufficient to meet the 65% share of facilities, which tax will include costs of issuance, interest and other costs, including sinking fund payments for future construction as applicable. Commercial and Industrial property shall be taxed in an amount sufficient to meet the 35% share of facilities, which tax will include costs of issuance, interest and other costs, including sinking fund payments for future construction as applicable. SK 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 COIMIVIUNiTY FACILITIES DISTRICT NO. 1 SPECIAL DEVELOPMENT TAX- ONE-TIME IMPROVEMENT AREA I ll VALIDJULY 1,2015 TO JUNE 30, 2016 Exhibit 4 II FORMATION OR ANNEXATION DATE: FY 2014-15 RESIDENTIAL DEVELOPED LAND USE: PER DU. NET DENSITY (0-1.5 DU/AC) $4,351.0261 NET DENSITY (1.51 TO 4.0 DU/AC) $4,351.0261 NET DENSITY (4.1 TO 8.0 DU/AC) $2,746.2676 NET DENSITY (8.1 TO 15.0 DU/AC) $2,746.2676 NET DENSITY (15.1 TO 23.0 DU/AC) $2,746.2676 NON-RESIDENTIAL LAND USE: PER SQ.FT. AUTO - GASOLINE $3.6028 AUTO - REPAIR & SALES $1.5148 AUTO CAR WASH $2.8031 BANK - WALK IN $5.6995 BANK - WITH DRIVE THRU $8.0229 BOWLING ALLEY $2.9453 CAMPGROUND $7.7786 CHURCH $1.3283 COMMERCIAL SHOPS $1.2883 COMMUNITY SHOPPING CENTER $1.8836 CONVENIENCE MARKET $12.1321 DISCOUNT STORE $1.4304 GOLF COURSE $1.3594 GROCERY STORE $3.4562 HEALTH CLUB $1.2838 HELIPORTS $4.7222 HOSPITAL - CONVALESCENT $1.0351 HOSPITAL - GENERAL $1.7236 HOTEL - CONV. FAC/COMM. $1.5415 INDOOR SPORTS ARENA $1.0351 INDUSTRIAL - COMMERCIAL BUSINESS PARK (NOTE 1) $0.9507 JUNIOR COLLEGE $0.9729 LIBRARY $1.8924 LUMBER/HARDWARE STORE $1.0973 MARINA $6.5969 MOTEL $1.1950 NEIGHBORHOOD SHOPPING CENTER $2.8698 OFFICE - COMMERCIAL (< 100,000 SF) $1.1372 OFFICE - GOVERNMENT $1.3016 OFFICE - HIGH RISE $1.1861 OFFICE - MEDICAL $1.0751 OUTDOOR TENNIS COURT $12.5008 RACE TRACK $2.2656 REGIONAL SHOPPING CENTER $1.4882 RESORT HOTEL $1.0217 RESTAURANT - FAST FOOD $12.6430 RESTAURANT - QUALITY $2.9186 RESTAURANT - SIT DOWN $6.7391 S&L- WALK IN $2.4477 S&L- WITH DRIVE THRU $3.3718 UNIVERSITY $1.0040 ALL OTHER COMMERCIAL USES NOT IDENTIFIED ABOVE $0.9507 ALL OTHER INDUSTRIAL USES NOT IDENTIFIED ABOVE (NOTE 2) $0.7730 NOTEI: THIS CATEGORY OF LAND USE CONTAINS PM AND CM ZONED PROPERTY. NOTE 2: THIS CATEGORY OF LAND USE CONTAINS M AND PU ZONED PROPERTY. Page 1