HomeMy WebLinkAbout1994-09-06; City Council; 12849; FINANCING PLAN FOR LOCAL FACILITIES MANAGEMENT ZONE 9$3 % 0 Lp: 0, 2
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()TY OF CARLSBAD - AWDA BILL \<
AB#*& TITLE: DEPT.
MTG. 9/6/94 FINANCING PLAN FOR LOCAL FACILITIES CITY j
DEF'T. GM QLP- MANAGEMENT ZONE 9 CITY n
RECOMMENDED ACTION:
That the City Council adopt Resolution No. 94-250 , approving the Financing Plan fc
Facilities Management Zone 9, based on the findings and subject to the conditions co
therein.
ITEM EXPLANATION
A Local Facilities Management Plan (LFMP) for Zone 9 was originally adopted by the City
on July 11, 1989. The LFMP has been amended once (January 4, 1994) to reflect land
circulation changes to the Poinsettia Shores Master Plan. Both the original LFMP
amendment contain conditions of approval requiring that a comprehensive financing 1
specified public facilities be adopted prior to approval of the first final map, grading pe
building permit within the zone, whichever occurs first. The present request is submitted
to satisfy that condition.
The Poinsettia Shores Master Plan (MP 175 [Dl) specifies a mix of residential and trave
commercial uses, with an unplanned area to be addressed at a later time. The LFMP amc
which accompanied the new Master Plan analyzed the public facilities requirement:
proposed development. This Finance Plan is intended to provide funding mechanisms
City requirements for all of the needed facilities identified in the LFMP.
The proposed Finance Plan is in confomance with the Growth Management Ordinance 1
2 1.90 of the Carlsbad Municipal Code) and related policies, standards, and guidelinc
Finance Plan provides acceptable financial guarantees for all required public facilities, assu
the facilities will be in place at time of need.
The complete Financing Plan is provided as Exhibit "A". The financing provisions for thl
facilities are outlined below:
City Administrative Facilities and Librarv. Community Facilities District (CFD) No. 1 wa
by the City in 1991 to finance a number of facilities of Citywide benefit. All und
properties within Zone 9 are already participating in CFD No. 1. A combination of CI
and payment of Public Facilities Fee (l'FE) constitutes the required financial guarantee for 1
facilities.
Wastewater Treatment Capacity. The Phase IV expansion of the Encina Water Pollutioi
Facility has been completed, guaranteeing adequate capacity to serve the city for at least
into the future. Payment of normal sewer connection fees by all development within Zor
only financing mechanism required.
0 PAGE TWO OF AGENDA BILE NO. I ai sv 7
Parks. CFD No. 1 will finance improvements to Veterans Memorial Park. Funding foi
improvements to Poinsettia Park are included in the City's adopted 1994-95 to Buildou
Improvement Program. Funding for Zone 19 park is guaranteed by a letter of credit
Zone 19 developer. Therefore, the combination of CFD No. 1 taxes, payment of normal
all development) and Park In-Lieu Fee (for a portion of the residential project) sat
requirement for a financial guarantee for parks.
Circulation. CFD No. 1 will finance improvements to the Poinsettia/I-5 interchange. Co
of the Avenida Encinas connection will be constructed by the developer concurrent witE
phase of project development pursuant to an improvement agreement with the City
circulation improvements will be funded by PFF and Traffic Impact Fee (TIE). The,
combination of CFD No. 1, PFF, TIF, and improvement agreement will provide the
financial guarantee for circulation facilities.
Open Space. No special financing mechanism is required for open space.
Schools. The City's recently adopted standard school condition which is included in this F
Plan will provide the required financial guarantee for schools.
Drainace, Sewer and Water. The developer will be required to construct drainage, sei
water facilities to serve proposed development pursuant to an improvement agreement
City, and/or to pay the required fees. This provides the required financial guarantee for (
sewer, and water facilities.
On July 6, 1994, the Planning Commission reviewed the Financing Plan and unar
recommended its approval.
ENVIRONMENTAL REVIEW
The proposed Financing Plan is covered by a previously approved Negative Declaration fo
Plan Amendment 175 (D) and Local Facilities Management Plan Amendment 87-09 (A) i
the Planning Director on August 12, 1993.
FISCAL IMPACT
Approval of the staff recommendation will provide guaranteed financing for public
required to serve new development within Zone 9. The proposed financing mechanisms
consistent with all Growth Management requirements and related City policies. In the
of an approved Financing Plan, funding for these facilities could not be assured.
EXHIBITS
P.
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3.
Resolution No. '1 Y -34 b
Planning Commission Minutes of July 6, 1994
Exhibit "A", Financing Plan for Local Facilities Management Zone 9 dated July
on file with the City Clerk's Office.
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RESOLUTION NO. 94-250 - --? --
ATRESOLUTION OF THE CITY COUNCIL OF THE CITY 01
CARLSBAD, CALIFORNIA, APPROVING A FINANCING PLAN FOE
LOCAL FACILITIES MANAGEMENT ZONE 9.
WHEREAS, a Local Facilities Management Plan has been prepared for Local
Management Zone 9 in accordance with Chapter 21.90 of the Carlsbad Municipal Cc
WHEREAS, the Local Facilities Management Plan contains a condition of
stating that a Financing Plan is required prior to approval of any final map, building F
grading permit within Zone 9; and
WHEREAS, staff has reviewed the Financing Plan and finds that it meets a
requirements of Chapter 2 1.90 and all other applicable City policies, standards, and e
and
WHEREAS, at a duly noticed public hearing the Planning Commission revie
Financing Plan and unanimously recommended its approval; and
WHEREAS, at a duly noticed public hearing the City Council reviewed the F
Plan, including consideration of the testimony of all persons wishing to speak on the r
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of
of Carlsbad, California as follows: I
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That the above recitations are true and correct.
That the Financing Plan for Local Facilities Management Zone 9 date
1994, on file with the City Clerk and incorporated herein by reference 1
approved. Any development occurring within the boundaries of Zon
comply with all terms and conditions of said plan.
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PASSED, APPROVED, AND ADOFTED at a regular meeting of
--- -- Councifzf the City of Carlsbad, California, held on the 6th day of SEPl
by the following vote, to wit:
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Stanton, Kulchin, Nygaard, 1
ATTEST:
Ak&. RkJTENKRANZ, Ciyklerk
(SEAL)
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PLANNING COMMISSION July 6, 1994 PAGE 7
he Batiquitos Lagoon is being worked on by the Port of Los Angels. H
ep that goal in mind.
desiring to address the Commission on this topic, Chairman Savd:iv de
7 ,,"
d owned the item for discussion among the Commission me&&
I'
t when the plan came to this Commission the last time, h,&oted again
me of the issues. He can support the grading which is,deing considerc ps come back, he may have to vote against it if somychanges are not /
if the east or west desiltation basin will help I$. Taschner's client. B(
e engineers can just dc wise, it can be handl,
ue. Mr. Wojcik replir
administratively.
ould significant changs
nt in order to make the
decision.
Taschner's statement that there will be mar
major problems at this time.
opt Planning Commission Resolution Nos, 3678 and 3679 (including the added
condition to Resolution No. 3678 as written in staff memo dated JuI*, 1994), appro
CT 94-01 and HOP 94-03 based on the findings and subject to the coh@ions COnta
therein, with a revision to Condition #28 that an attempt be made to tran!$@lant the hn
Monterey Cypress trees. In the event that the transplant is not successful, he applici
would be required to revert to the original mitigation requirement to replace thytrees
Chairman Savary, Commissioners Compas, Erwin, Monroy, Nielsen, Noble, and '
Welshons
'. '\ '\
AYES:
NOES None
ABSTAIN: None
LFMP 87-09 (6) ZONE 4 FINANCE PIAN - Request for recommendation of approval of a Financ
Plan for Local Facilities Management Zone 9.
5.
MINUTES
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PLANNING COMMISSION July 6, 1994 PAGE 8
Don Aideout, Senior Management Analyst, Growth Management, gave the Commission a brief backg,
On finance plans and stated that they must include a guarantee of funds for all public facilities when tt facility is needed. In addition, the financing must meet certain City criteria for adequacy. The criteria
includes concurrency. Concurrency goes hand in hand with the financial guarantee because it tells w
is time to construct a specific facility per growth management. He explained the various mechanisms
which developers may use to satisfy these requirements.
Mr. Rideout stated that the Local Facilities Management Plan (LFMP) for Zone 9 was adopted by the C
Council in July 1989 with one amendment in January 1994 to reflect land use and circulation changa
the Poinsettia Shores Master Plan. The original LFMP and the amendment both contain conditions of
approval requiring a comprehensive financing plan for specified public facilities be adopted prior to
approval of the first final map, grading permit, or building permit, whichever occurs first.
The Poinsettia Shores Master Plan specifies a mix of residential and travel-service commercial uses, 1
an unplanned area to be addressed at a later time. The LFMP amendment which accompanied the nt Master Plan analyzed the public facilities requirements of the prapased deoelapment. This Finance PI; intended to provide funding mechanisms meeting City requirements for all of the needed facilities iden
in the LFMP. Mr. Rideout reviewed each of the financing provisions for the various facilities in LFMP
Zone 9, as included in the written staff report. Staff recommends approval of the financing plan as
presented.
Commissioner Erwin stated that he did not see anyone present from the Carlsbad Unified School Distr.
(CUSD). Mr. Rideout replied that there is a special school condition which has been worked out betwe the City Council and CUSO which addresses the school district's need for future school facilities. The applicant has worked very closely with the school district. They are not present tonight because their
concerns have been addressed.
Commissioner Welshons referred to the plan for parks facilities on page 9. She stated that in 1989 it u
identified that this quadrant was not meeting the park standard. Since that time, there has been revisic
the phasing in the quadrant and the adoption of a revised population generation fate has reduced the
projected park demand. Residential development may therefore proceed. She inquired how far the
population generation rate dropped and how soon we will break even. Mr. Rideout replied that the ans
to this hinges on the timing for construction of Poinsettia Park. In 1989, when the plan WaS first adoptf
the City did not have all of the acreage needed to construct Poinsettia Park. Subsequently, partly due
contribution of $1 million from this project's master plan, the City was able to buy all the acreage need€
for Poinsettia Park. We now have funds budgeted to construct Phase I of the park. Wit%struction (
that park, this quadrant will have sufficient park facilities for quite some time. The length of time depen
on how rapidly development occurs within the quadrant. If it happens quickly, it will eat up that adequa
quickly. However, at the current slow pace of development, that one park should satisfy the needs of tt
quadrant for at least ten years.
Commissioner Welshons is concerned about the phasing of parks because she is worried that the figurc
are easily juggled. She inquired if that is being done in this zone. Mr. Rideout replied that when this
document refers to phasing, it means that development has not occurred at the pace it was projected in
1989. At that time, it was projected that this zone would be totally built out by now. However instead,
development has come to an almost complete stop in many parts of the City. That means that the
projected demand is not there. It stretches out the timeline for all of the facilities. No figures are being
juggled. It is an actual response to the fact that no development is occurring in most of the City right nc
Commissioner Welshons inquired about what happens if the homes get built and the park is still not bui
How much leeway dO-we have to build homes without the park. Mr. Rideout replied that no number can
projected on how many homes can be built before the park is in place because the City has the land for
park and we have a financial guarantee for the park. We are currently in the permitting process with tht
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PUNNING COMMISSION. July 6, 1994 PAGE 9
federal and state agencies. We need permits from those agencies before we can begin construction c
park. There is no need to hold off on residential development pending these permits. Staff expects
construction on the park to begin very soon.
Commissioner Welshons referred to Lawin Park where the City owns the land and the financing is in
but there is still no park built. She inquired if that could happen here. Mr. Rideout replied that one
important point to remember about City administrative facilities, libraries, and parks, is that they don't
require.absolute concurrency. The performance standard indicates that a certain acreage of parks ne to be provided within a five year period. When that original performance standard was developed in 1 the thinking at that time was that during that five year period we would be having development of approximately 1,250 units per year. It is not necessary for the park to be in place with the.first unit but
five years of development at 1,250 units per year, we should have the park in place. With the very low
of devalopment going on now, we are not coming close to that level of demand.
Commissioner Erwin would like to hear from the applicant regarding their agreement with CUSO.
Chairman Savary opened the public testimony and issued the invitation to speak.
Doug Avis, 6670 El Camino Real, Carlsbad, representing Kaiza Poinsettia, addressed the Commissior stated that he and the four property owners have worked closely with the attorneys representing CUSC The result was a school funding agreement which calls for a public finance mechanism. The property
owners have agreed to the agreement but it has not yet been signed. He spoke today with Attorney
Bowie who assured him that the Kaiza project meets the requirements of the agreement which was ma
That agreement will be signed prior to final map approval.
There being no other persons desiring to address the Commission on this topic, Chairman Savary dec
the public testimony closed and opened the item for discussion among the COmmiSiOn members.
ACTION: Motion was made by Commissioner Erwin and duly seconded, to adopt Planning
Commission Resolution No. 3683, recommending approval of the Finance Plan for L
Facilities Management Zone 9, based on the findings and subject to the conditions
contained therein.
Chairman Savary, Commissioners Compas, Erwin, Monroy, Nielsen, Noble, and
W els hons
VOTE: 7-0
AYES:
NOES: None
ABSTAIN: None
( -
ould start at 8:30 a.m.
of the general plan.
he had given an article to Deputy
about the case is that the Supreme Court had ruled that
h it further and provide the information at the next Planni
MINUTES
PROOF OF PUBLICATION
(201 9.5 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interestsd in the above-entitled matter. I am the principal clerk of the printer of
Blade-Citizen
a newspaper of general circulation, printed and pubiished daily in the City of Oceanside and qualified for the City of Oceanside and the North County Judicial district with substantial circulation in Bonsall, Failbrook,
Leucadia, Encinitas, Cardiff, Vista and Carlsbad, County of San Diego, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, under the date of June 30,1989, case number 171349; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
August 26, 1994
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Dated at Oceanside,Califomia, this 2 6 day of August, 1994 1 ,”’+ i/ - +f---< 1’’ \fl* --------- -- ’ &‘C.&(&&. ..............................
,/ Signature t
BLADE-CITIZEN
Legal Advertising
1722 South Hill Street P.O. Box 90 Oceanside, CA 92054
(61 9) 433-7333
This space is for the County Clerk’s Fiiir
Proof of Publication of
Notice of Public Hearing
_______---------__-----------------------
-----------------------------------------
Paste Clipping of Notice SECURELY In This Space.
NOTICE OF PUBUC I
FINANCING PLAN FOF
LFMP 87-9(B]
NOTICE IS HEREBY GIVEN that the Cty Count of Carlsbad will hold a public hearing at the C
Chambers, I200 Carlsbad Village Drive, Car California, at 6 00 p m , on Tuesday, Septem 1994, to consider a request for approval of
Plan for Local Facilties Management Zone 9
If you have any questions regarding this matt call Don Rideout in the Planning Department,
438-1 161, ext 421 2
If you challenge the Financing Plan for Local Facilties Management Zone 9 in court, you may be limlted to raising only those issues
raised by you or someone else at the public hearing
described in this notice, or in wrmn correspondence delivered to the Clty of Carlsbad Clty Clerk‘s Off ice
at, or prior to, the public
hearing
APPLICANT City of Carlsbad
CiTf OF WRLSBAO CITY COUNCIL
Legal 40277 Auousl2d 1994
PROOF OF PUBLICATION
(201 5.5 C.C.P.)
STATE OF CALIFORNIA County of San Diego
I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. 1 am the principal c!ek of the printer of
B lade-C i t it en
a newspaper of general circulation, printed and pubiished daily in the City of Oceanside and qualified for the Crty of Oceanside and the North County Judicial district with substantial circulation in Bonsall, Fallbrook, Leucadia, Encinitas, Cardiff, Vista and Carlsbad, County
a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, under the date of June 30,1989, case number 171349; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
of San Diego, and which newspaper has been adjudged
August 26, 1894 I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Dated at 0ceanside.California. this 2 G day
Of Auqust, 1994
------ - &*----<- ---------------
Signature / ?6z
BLADE-CITIZEN
Legal Advertising
1722 South Hill Street P.O. Box 90
Oceanside, CA 92054
(61 9) 433-7333
This space is for the County Clerk's Filin
Proof of Publication of
Notice of Public ::earin?
-_-__----_-_---_------------------------~
----------------------------------------- --
NOTICE OF PUBUC H
FINANCING PLAN FOR
LFMP 87-9(B)
NOTICE IS HEREBY GIVEN that the Chy Counci of Carlsbad will hold a public hearing at the Cfl Chambers, 1200 Carlsbad Village Drive, Carls
California, at 6 00 p m , on Tuesday, Septemt 1994, to consider a request for approval of tl Plan for Local Facilhies Management Zone 9
If you have any questions regarding this matte
call Don Rideout in the Planning Department,
438-1 161, ext 421 2
If you challenge the Financing Plan for Local Facilities Management Zone 9 in court, you may be limited to
raising only those issues raised by you or someone else at the public hearing
described in this notice, or in wl-m3l COrresPondence deltvered to the Clty of Carlsbad Chy Clerk's Off ice at, or prior to, the public
hearing
APPLICANT City of Carlsbad
CITY OF CARLSAD CITY COUNCIL
' I
Legal 40277 Auaust 26' 1994
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0 0
AFFIDAVIT OF PUBLICATION
PROOF OF PUBLICATION County of San Diego 1 )ss. STATE OF CALIFORNIA ) 4 b
Notice of Public Hear
I have been duly sworn as the NOTICE OF PUBUG HE
FINANCING PLAN FOR i Legal Advertising Representative of the Blade-Citizen, a newspaper
three times a weekin the City of
California, with circulation in Cardiff,
Rancho Santa Fe & Soiana Beach
annexed is a true copy, was pub- lished in said newspaper on the
of general circulation, published LFMP 87-9[B)
NOTICE IS HEREBY GIVEN that the Clty Council 0 Solaria Beach and Carisbad, of Carlsbad will hold a public hearing at the cny [ County of San Diego, State of Chambers, 1200 Carlsbad Village Drive, Carlsba
California, at 600 p rn , on Tuesday, September
1994, to consider a request for approval of the Carisbad, Del Mar, Encinitas, La Plan for Local Facilties Management Zone g
If You have any questions regarding this matter, p call Don Rideout in the Plannlng Department, at [ and that the notice of which the 438-1161, ext 4212
If YOU challenge the Financing Plan for Local Facilities
Management Zone 9 in court, you may be limted to raising only those issues
raised by you or someone
else at the public hearing
described in this notice, or in , wrmn correspondence delivered to the City of
Carlsbad Cty Clerk's Office at, or prior to. the public hearing
APPLICANT City of Carlsbad
CITY OF CARWAD CITY COUNCIL
Costa, Leucadia, Olivenhain,
following dates:
August 26, 1994
1 certify (or declare) under penalty of
Legal 4699 August 26, 1994 perjury that the foregoing is true and correct.
Dated August 26, 1994
. Legal Advertising Repressntative BI ade-C itizen Newspaper
e m
AFFIDAVIT OF PUBLCATION
PROOF OF PUBLICATION
u
County of San Diego 1 )ss. STATE OF CALIFORNIA ) . I
I have been duly sworn as the
Legal Advertising Representative of the Blade-Citizen, a newspaper
of general circulation, published three times a weekin the City of Solana Beach and Carisbad, County of San Diego, State of California, with circulation in Cardiff, Carlsbad, Del Mar, Encinitas, La Costa, Leucadia, Olivenhain,
annexed is a true copy, was pub-
OTICE OF PUBUC HI
FINANCING PLAN FOR
LFMP 87-9(B]
NOTICE IS HEREBY GIVEN that the Ctty Council
of Carlsbad will hold a public hearing at the Clty Chambers, 1200 Carlsbad Village Drive, Carlsb California, at 6 00 p m , on Tuesday, Septembe
1994, to consider a request for approval of thc Plan for Local Facilties Management Zone 9
If you have any questions regarding this matter,
call Don Rtdeout in the Planning Department, at 438-1 161, ext 421 2
If you challenge the Financing Plan for Local Facilittes
Ay 7.s-k -- -u,. 1-,34 Management Zone 9 in court, you may be limited to
else at the public hearing
described in this notice, or in wrhten correspondence delivered to the City of
Carlsbad City Clerks Off ice
at, or prior to, the public hearing
APPLICANT Cty of Carlsbad
CITY OF CARLSBAD CITY COUNCIL Legal 4699 August 26, 1994
Rancho Santa Fe & Solana Beach and that the notice of which the
lished in said newspaper on the following dates:
9 raising only those issues raised by you or someone
I certify (or declare) under penalty of perjury that the foregoing is true and coned.
Dated '_ . - ,-,-
/
1 , ,' 5-- A,f - /i ,/I , //
:,-. JT fig' / ll!J'LIY UL'
Leg61 Advertising Repressn tive . Blade-Citizen Newspaper
e NOTICE OF PUBLIC HEARING
FINANCING PLAN FOR ZONE 9
0
LFMP 87-9(B)
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will holc a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive< Carlsbad, California, at 6:OO p.m., on Tuesday, September 6, 1994, to considei a request for approval of the Financing Plan for Local Facilities Management Zone 9.
If you have any questions regarding this matter, please call Don Rideout in thl Planning Department, at 438-1161, extension 4212.
If you challenge the Financing Plan for Local Facilities Management Zone 9 ir court, you may be limited to raising only those issues raised by you or someon€ else at the public hearing described in this notice or in written correspondencc delivered to the City of Carlsbad City Clerk’s Office iit, or prior, to the public hearing.
APPLICANT: City of Carl sbad PUBLISH: August 26, 1994
CITY OF CARLSBAD CITY COUNCIL
NOTICE OF PlJBLlC HEARiNL
NOTICE IS HEREBY GIVEN that the Planning Commission of ;he City’ ~l Carisbad will holc
a public hearing at the Council Chambers, 1200 Carlsbad Village 35ve, Carlsbad
California, at 6:OO p.m. on Wednesday, July 6, 1994, to consider a request fa- the approva
of a Finance Plan for Local Facilities Management Zone 9.
Those persons wishing to speak on this proposal are cordially invited :o a,tend the publi
hearing. Copies of the staff report will be available on and after Junc 36, 1994. If yo’
have any questions, please call Don Rideout in the Planning Deprt:nerLt at (619) 438
1161, ext. 4212.
If you challenge the Local Facilities Management Plan Amendmmt in ccurt, you may b
limited to raising only those issues you or someone else raised at the pzblic hearin
described in this notice or in written correspondence delivered to thc City of Carisbad :
or prior to the public hearing.
f ”\
CASE FILE: LFMP 87-09(B)
CASE NAME: ZONE 9 FINANCE PLAN
PUBLISH: JUNE 24, 1994 - BLADE-CITIZEN
JUNE 23, 1994 - CARLSBAD SUN
crTy OF CARLSBAD
PLANNING COMMISSION
I‘\
D1Z vd
LFMP 87-09(B) - LOCAL FACILITIES
0
MANAGEMENT ZONE 9 FINANCE
PLAN - LABELS
CARLSBAD UNIF SCHOOL DIST SAN MARCOS SCHOOL DIST
DR GEORGE MANNON SUPT DR LARRY MAW, SUPT
801 PINE AVENUE 1290 W. SAN MARCOS BLVD
CARLSBAD CA 92008 SANh4ARCOS CA 92069 ENCINITAS CA 92024
ENCINITAS SCHOOL DIS
DR PATRICIA CLARK WE
101 S RANCHO SANTA F
SAN DIEGUITO HS DIST VALLECITOS WTR DISTR
710 ENCINITAS BLVD 788 SAN MARCOS BLVD
ENCINITAS CA 92024 CARLSBAD CA 92009 SAN MARCOS CA 9206'
LEUCADIA COUNTY WTR DIST
1960 LA COSTA AV
SAN DIEGO COUNTY
DEPT OF PLANNING CITY OF CARLSBAD CITY OF CARLSBAD
5201 RUFFIN RD STE "R" ENGINEERING DEPT COMMUNITY SERVICE
SAN DIEGO CA 92123
CITY OF CARLSBAD CITY OF ENCINITAS CITY OF OCEANSIDE
CMWD 505 S. WLCAN AV 320 N HORNE ST
ENCINITAS CA 92024-3633 OCEANSIDE CA 9205
CITY OF SAN MARCOS CALIF DEPT OF FISH t
105 W RICHMAR AVE PO BOX 1988 330 GOLDENSHORE #
SAN MARCOS CA 92069 VISTA CA 92085 LONGBEACH CA 90t
CITY OF VISTA
GORDON BIZIEFF JOHN JONES JUDITH SCHWEI
4729 GATESHEAD RD 3044STATE ST 3975 SKYLINE RD
CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 9200E
ALLAN J. WANAMAKER BRIAN MURPHY
2399-8 JEFFERSON ST CARLSBAD CA 92008 7220 AVENIDA ENCINAS STE 200
KAIZA POINSE'ITIA COW
CARLSBAD CA 92009
0 0
(Form A)
-
TO: CITY CLERK'S OFFICE
FROM: PLANNING/GROWTH MANAGEMENT
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice
LFMP 87-09(B) - FINANCING PLAN FOR LOCAL FACILITIES MANAGEMENT ZONE 9
for a public hearing before the City Council.
Please notice the item for the council meeting of
.',
d
Thank you. ,-
*'
July 27, 1994 - A s s i s t an t C i t y Man w- Oate
* 1/8 Page Ad or 5" x 6" ad, placed in both Carlsbad Sun and Blade-Citizen
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r
ZONE 9
FINANCE PLAN
Prepared For:
CITY OF CARLSBAD
2075 Las Palmas Drive
Carlsbad, CA. 92009
Prepared By:
HOFMAN PLANNING ASSOCIATES
2386 Faraday Avenue, Suite 120
Carlsbad, CA. 92008
(619) 438-1465
July 6, 1994
z
TABLE OF CONTENTS
I. INTRODUCTION .......................................
11. FINANCINGMECHANISMS ................................
111. COORDINATION WITH FINANCING PLANS FOR OTHER ZONES ......
IV. FINANCE PLAN .......................................
A. CITY ADMINTSTRATIVE FACILITIES .....................
B. LIBRARY FACILITIES ...............................
C. WASTEWATER TREATMENT FACILITIES .................
D. PARKFACILI ......................................
E. DRAINAGE FACILITIES ..............................
F. CIRCULATION FACILITIES ...........................
G. FIRE FACILITIES ..................................
H. OPENSPACE .....................................
I. SCHOOL FACILITIES ................................
J. SEWER FACILITIES ................................ :
K. WATERFACILITIES ................................
LIST OF EXHIBITS
Exhibit 1 - Zone 9 Finance Area ..................................
Exhibit 2 - Zone 9 LFMP Finance Summary (Page 1 of 2) ...................
Zone 9 LFMP Finance Summary (Page 2 of 2) ..................
APPENDICES
A. Finance Matrix
B. School Agreement
C. Property Owner List With Reference Map
i
.J
ZONE 9 - FINANCE PLAN
I. INTRODUCTION
The Zone 9 Finance Plan details how the public facilities and improvements required of Zon
9 to maintain the adopted Growth Management performance standards will be financial]
guaranteed. This Finance Plan addresses the prevailing special conditions contained either i
the originally adopted 1989 Zone 9 Local Facilities Management Plan (LFMP) or the Zone
LFMP Amendment approved January 4, 1994. The original LFMP, LFMP Amendment and th
financing plan were prepared pursuant to the City’s Growth Management Program and Chaptc
2 1.90 of the Carlsbad Municipal Code.
The 1994 LFMP Amendment included revisions to the Circulation Section originally identifit
in the 1989 LFMP. The LFMP Amendment to Circulation was based on the traffic repoi
prepared for the Poinsettia Shores Master Plan. The Poinsettia Shores Master Plan represent
all remaining future development in Zone 9. Since the approval of the original 1989 LFME
a number of changes have also occurred in the City that have affected the sizing and locatio of facilities identified in the original zone plan. The majority of these changes do not necessitat
an amendment to the original zone plan, as the zone plan and finance plan remain consistent wit
approved City documents. Specifically, the Sewer, Water and Drainage Sections are update
in this Finance Plan to be consistent with new Sewer, Water and Drainage Master Plar
prepared by the City. Any changes to Sewer, Water and Drainage facilities, if necessary, wi
be detailed and discussed within the respective Facility Section.
The format for this Finance Plan will consist of 1) identifying the original zone plan condition:
2) identifying and discussing any changes to the conditions, if any and 3) identifying th
financing mechanism and estimated cost needed to ensure the timely provision of the facility
11. FINANCING MECHANISMS
Several financing techniques are being used to address both the need for upgrading facilities
enabling them to conform with the adopted performance standards, and to ensure conformanci
of future facilities as development occurs. The following financing techniques will be used tl
guarantee the public facilities needed to serve future development within Zone 9:
Community Facilities District No. 1
Development in Zone 9 will contribute to a number of citywide and regional
facilities, such as city administrative offices, library facilities and Veteran’s
Memorial Park, through participation in the citywide Community Facilities
District No. 1.
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July 6, 1994 1 Zone 9 Finance Phi
4
Developer Funding
Many of the drainage, sewer and water improvements will be directly funded and
constructed by the developer(s). Facilities earmarked for developer funding are
limited to those which normally would have been imposed as a condition of
approval of a tentative map under the City’s existing development review process.
Without these essential facilities, the associated subdivisions could not be
developed. Therefore, the City is already guaranteed that these specific facilities
will be constructed concurrent with need; no further action is required at this
time.
Reimbursement Agreements with the City
When appropriate, the City may enter into a reimburs6ent agreement or fee
credit with the developer for any facility which is included in a City impact fee
program. The source of reimbursement shall be from the appropriate City impact
fee. The schedule for reimbursement shall be based on the City’s capital
improvement program and the availability of unobligated impact fee revenue.
Private Reimbursement Agreements Among Property Owners
Several facilities discussed in this plan are also required of other zones and
property owners. Developers of Zone 9 may enter into private agreements with
other property owners to address reimbursement for such facilities, Any such
agreement must be recorded against the title of the participating properties and
a copy of the recorded document must be provided to the City’s Growth
Management Division.
III. COORDINATION WITH FINANCING PLANS FOR OTHER ZONES
Pursuant to the Growth Management Ordinance, future finance plans for other zones whic
impact facilities in common with Zone 9 shall be coordinated with this finance pla
Coordination, however, shall not require identical funding methods.
July 6, 1994 2 Zone 9 Finance PL
p Existing Areas of Development (lot a part)'
I
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f
E m
IV. FINANCE PLAN
A. CITY ADMINISTRATIVE FACILITIES
1. Conditions
The following conditions were identified in the 1989 Zone 9 LFMP. For
complete analysis of City Administrative Facilities, refer to pages 41 to 48 of th
document.
a. General Conditions for Zone 9
If the adopted perj5onnance standard for City Administrative Facilities
not being complied with, then residential development in Zone 9 will ,
stopped until the standard is met.
Special conditions for Zone 9
No special conditions are necessary at this time.
b.
2. Changes
There are no changes to the approved conditions for City Administrati
Facilities.
3. Financing
Zone 9 will contribute to the funding of City Administrative Facilities throu
participation in Community Facilities District No. 1 and through the payment
Public Facilities Fees (PFF) at time of building permit issuance.
July 6, I994 6 Zone 9 Finance A
B. LIBRARY FACILITIES
1. Conditions
The following conditions were identified in the 1989 Zone 9 LFMP. Fo
complete analysis of Library Facilities, refer to pages 49 to 54 of that docume
a. General Conditions for Zone 9
rf the adopted performance standard for Library Facilities is not be
complied with, then residential development in Zone 9 will be stop]
until the standard is met.
Special conditions for Zone 9
No special conditions are necessary at this time.
b.
2. C han geS
There are no changes to the approved conditions for Library Facilities,
3. Financing
Zone 9 will contribute to the funding of Library Facilities through participat
in Community Facilities District No. 1 and through the payment of Put
Facilities Fees (PFF) at time of building permit issuance.
July 6, 1994 7 Zone 9 Finance P
C. WASTEWATER TREATMENT FACILITIES
1. Conditions
The following conditions were identified in the 1989 Zone 9 LFMP. Fo
complete analysis of Wastewater Treatment Facilities, refer to pages 55 to 6;
that document.
The following action shall be pursued jointly by each sewer district to em
adequate wastewater treatment capacity through the year 2000:
--- Monitor Encina treatment plant flows on a monthly basis to determ
actual flow rates and to have an early warning capacity problems.
Actively pursue acceleration and phasing of treatment plant Phase I\
provide adequate capacity.
The six member agencies shall form an agreement to maximize 1
utilization of available treatment capacity at Encina WPCF.
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2. Chanyes
There are no changes to the approved conditions for Wastewater Treatmc
Facilities.
3. Financing
Zone 9 will contribute to the expansion of wastewater treatment facilities throu
the payment of sewer connection fees at time of building permit issuance.
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July 6, 1994 8 Zone 9 Finance Pk
D. PARK FACILITIES
1. Conditions
The following condition was identified in the 1989 Zone 9 LFMP:
The propeny owners in Zone 9 have provided the City with $1,OOO,OOO for 1
acquisition of park land in the Southwest Quadrant. However, the existing pc
property owners are not proposing to mitigate this current shortfll and cc
waiting until the City or some other Local Facilities Management Plan resoh
the current park shortages.
The facility analysis has indicated that the parhTtandard within the Southwc
Quadrant is not being met. Therefore, pursuant to Section 21.90 of the Carlsb
Municipal Code, no residential development may be allowed in this quadrant un
the pe6omance standard is complied with.
facilities are still not in compliance with the pevurmance standard. The Zonr
2. Changes
Since approval of the Zone 9 LFMP, a new parks inventory has been approvi
that identifies a total of 57 park acres. In addition, revisions to phasing in t
quadrant and adoption of a revised population generation rate have reduci
projected park facilities in the Southwest Quadrant are adequate to meet the bui
out population. Therefore, residential development may proceed in the quadra
as the performance standard is being met and will be met through build out oft'
zone.
projected park demand in the Southwest Quadrant. As a result, the existing ar
3. Financin2
The $1,000,000 paid by the property owners to the City for park acquisitic
exceeded the amount needed to meet the demand in Zone 9.
currently in the process of determining the reimbursement due to the proper
owners within Zone 9. Additional park-in-lieu fees or dedication requiremen
may be required for the 113 density bonus units approved as part of the Poinsett
Shores Master Plan. The Poinsettia Shores Master Plan designated the densi
bonus units as 90 "affordable" units and 23 "market rate" units. The payment c
the additional park-in-lieu fees or the requirement for additional park lan
dedication for the demand created by the density bonus units will be determine
upon approval of the Tentative Map(s) or Site Development Plan for tf
affordable units and upon the approval of the Tentative Map(s) for any marb
rate units above the 451 future dwelling units or the 910 total dwelling uni
allowable in Zone 9 as approved in the 1989 Zone 9 LFMP.
The City
July 6, 1994 9 Zone 9 Finance Pla
E. DRAINAGE FACILITIES
1. Conditions
The following conditions were identified in the 1989 Zone 9 LFMP.
complete analysis of Drainage Facilities, refer to pages 73 to 82 of
document.
1.
Fo
Prior to the recordation of any final map, issuance of a grading pennii
building pennit, whichever occurs first within Zone 9, the developers l
required to:
(a). Pay the required drainage area fees established in the curr
Master Drainage Plan and;
Becute an agreement to pay any drainage area fees establishec
the forthcoming revised Master Drainage Plan. 0).
2. Area "A "
No additional facilities required.
3. Area "B"
No additional facilities required.
4. Area "C.1"
No additional facilities required.
5. Area "C.2 "
Prior to the recordation of afinal map, issuance of a building or gradi
permit, whichever occurs first, for development in Area C. 2, the develoi
shall provide a financial mechanism guaranteeing the construction of J
following drainage facilities:
(a)
-
second-tier desiltation basin south of the existing desiltation ba
sening Area DB.
Zone 9 Finance P, July 6, 1994 10
(bJ constnrction of the 72" to 81 " stonn drains extending &O
Poinsettia Lone to the Batiquitos Lagoon, and to include tl
construction of the desilting basin on the west side of the railroi
right-of way at the lagoon, together with the required connectioi
to storm drains extending under the railroad tracks.
Estimated Cost - $1,221.620
The storm drain facilities ident@ed to serve Area "C.2" must 1
completed prior to the occupancy of the first development in Arc
" c. 2 " .
6. Area "C.3"
Prior to the recordation of aJnal map, issuance of a building or gradii permit, whichever occurs first, for development in Area "CC.3", tl
developer shall provide a jinancial mechanism guaranteeing tl
comiruction of the following drainage facilities: construction of the 7; to 81" storm drains extending from Poinsettia Lane to the Batiquiti
Lagoon, and from Poinsettia Lane to the Batiquitos Lagoon, and includin
the construction of the desilting basin on the west side of the railroo
right-of-way at the lngoon, together with the required connections to stoli
drains extending under the railroad tracks.
Estimated Cost - $I, 179.620
The storm drain fmilities ident@ed to serve Area "C.3 " must be complett
prior to the occupancy of the first development in Area "C.3 n.
2. Changes
The 1994 Zone 9 LFMP Amendment provides a brief summary of the City'
latest drainage master plan. The Zone 9 Finance Plan identifies the specifi
changes made in the Master Drainage and Storm Water Quality Management Pla
pertinent to the undeveloped areas in Zone 9. The following conditions a~
intended to supersede the Drainage Facilities conditions originally approved in tt
1989 Zone 9 LFMP.
a. Prior to the recordation of any final map, issuance of a grading permit c
building permit, whichever occurs first within Zone 9, the developers a~
required to pay the required drainage area fees established in the cunei
Master Drainage Plan.
July 6, 1994 11 Zone 9 Rnance Pla
Drainage Condition 2.e.(i)
Estimated Cost
Financing Mechanism
Guarantee
Responsible Areas
Storm Drains From Desiltation Basin To Mobile Homc
Park Including Desiltation Basin
$1,225,607
Developer Funding
Improvement Agreement
Lots 1-9, Lot 79 and Area West of Railroad
F. CIRCULATION FACILITIES
1. Conditions
The following conditions were identified in the 1989 Zone 9 LFMP.
complete analysis of Circulations Facilities, refer to pages 83 to 99 of
document.
A.
Fc
SPECIAL CONDITIONS FOR ZONE 9
I. An on-going monitoring program shall be established to evak
the aspects of improvements, development, and demand
circulation facilities. The required timing of improvement>
based upon the projected demand q development in the zone (
the surrounding region. This timing may be modifled with
amendment to this plan, however, any deletions or additions to
improvements will require amending this local plan.
Prior to the recordation of afinal map, issuance of a building
grading pennit, whichever occurs_first in Zone 9, a comprehem
financing program guaranteeing the construction of the follow
circulation improvement must be approved:
2.
A. Improvements Needed Now
None
B. Improvements Needed bv 1989
1. WNDROSE CIRCLE - Complete the construction of the em
lengrh of Windrose Circle to secondary arterial standards includ
the installation of a traflc signal at Windrose Circle and Ave
Encinas.
Estimated Cost - $1,22O,aK)
Completion Date - 1989
A WNIDA BATIQ UITOS - Construct Avenida Batiquitos benv
Carlsbad Boulevard and Windrose Circle to secondary anel
standard to include:
a)
2.
Construction of a bridge over AT&SF Railroad
July 6, 1994 14 Zone 9 Finance I
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b) Intersection improvements including installation of traJ
signals at the following intersections:
Shearwater Road at Avenida Batiquitos
Carlsbad Boulevard at Avenida Batiquitos
1.
2.
3, Windrose Circle at Aveflida Bariquitos
Estimated Cost - $4,506,400
Completion Date - 1990
C. Improvements Needed bv I995
1. POINSETTL.4 LANE I-5 OVERPASS - Widen overpass to prow two through lanes in each direction, dual lefl turn lanes to the G
ramps and bike lanes.
Estimated Cost - $5,000,000
Completion Date - 1993
D. Immovements Needed bv 1995
1. POINSETZU LANE - CARLSBAD BOULEVARD TO AENL
ENCINAS - complete the construction of Poinsettia Lane
ultimate major arterial standards to include:
a) Bridge over AT&SF Railroad
b) Landscaped median
c) Ultimate intersection improvements to Poinsettia Lane a
Carlsbad Blvd.
Estimated Cost - $1,500,000
Completion Date - 1995
E. Improvements Needed bv 2000 -
1, POINSETllA LAND 1 CARLSBAD BLVD, INTERSECTION provide dual refs turn lanes, southbound to eastbound witt
existing curbs.
Estimated Cost - $15,000
Completion Date - 2000
July 6, I994 15 Zone 9 Finance P
.
2. Changes
The following conditions were identified in the January 4, 1994 LFE
Amendment adopted by City Council. For a complete analysis of Circulatj
Facilities, refer to pages 6 to 19 of that document. These conditions supers€
the circulation conditions identified in the originally adopted 1989 Zone
LFMP.
A. SPECIAL CONDITIONS FOR ZONE 9:
1. An on-going monitoring program shall be established to evalu
the aspects of improvements, development, and demand
circulation facilities. The required timing of improvements
based upon the projected demand of development in the zone i
the surrounding region. This timing may be modified with
amendment to this plan, however, any deletions or additions to
improvements will require amending this local plan.
Prior to the recordation of a final map, issuance of a building
grading permit, whichever occurs first in Zone 9, a comprehens
financing program guaranteeing the construction of the follow
circulation improvement must be approved:
a. Immovements Needed Now
2.
None
b. Immovements Needed bv 2000
(i) Poinsettia Lane (1-5 Overpass to Avenida Encin
Widen overpass to provide two through lanes in c
direction, dual left turn lanes to the on-ramps. The (
ramps will be widened with traffic signals installed at
ramp junctions with Poinsettia Lane. Poinsettia Lane I
be restriped or widened both east and west of 1-5 to ma
the 1-5 overcrossing lane configurations. The exist
traffic signal at the Poinsettia Lane/Avenida Enci
intersection will be modified to accommodate restrip
needed to coincide with the 1-5 overcrossing 1,
configuration.
Estimated Cost: $9,650,000
Completion Date 1995
Zone 9 Rnance 1 July 6, 1994 16
c
(ii) Poinsettia Lane (Carlsbad Boulevard to Aveni
Encinas)
Complete the construction of Poinsettia Lane to ultim;
major arterial standards to include the bridge over 1
AT&SF Railroad
Estimated Cost: $2,000,000
Completion Date: 1997
(iii) Avenida Encinas (Windrose Circle-Ponto Drive)
Dedication of secondary arterial right-of-way w
construction of the road segment to 2 lanes to include:
(a) Construction of a bridge over AT&SF Railroad
(b) Intersection improvements at Ponto Drive a
Avenida Encinas including the installation of
traffic signal.
Estimated Cost: $3,517,000
Completion Date: 1994
(iv) Avenida Encinas (Ponto Drive-Carlsbad Bouleva
Complete the construction of the road segment to 4 la
secondary arterial standard including intersecti
improvements to Carlsbad Boulevard and Avenida Encin:
Estimated Cost: $1,353,000
Completion Date: 2005
c. Build Out Improvements
(i) Poinsettia Lane/Carlsbad Boulevard Intersection
Re-stripe to provide dual left turn lanes, southbound
eastbound within existing curbs.
Estimated Cost: $15,000
Completion Date: 2005
July 6, 1994 17 Zone 9 Finance P
Circulation Condition
A.2. b . (i)
Estimated Cost
Financing Mechanism
Guarantee
Responsible Areas
Other Responsible Areas
Poinsettia Lane (1-5 Overpass-Avenida Encinas)
$9,650,000
Carlsbad CFD No.1
Participation in CFD
Lots 1-9, Lot 79 and Area West of Railroad
Citywide
r
Circulation Condition A.2.b. (ii) Poinsettia Lane (Carlsbad Boulevard -
Avenida Encinas)
Estimated Cost $2,000,000
Financing Mechanism
Guarantee
City of Carlsbad PFF
Payment of Public Facilities prior to
Building Permit issuance
Lots 1-9, Lot 79 and Area West of
Railroad
Responsible Areas
- Other Responsible Zones Citywide -
Circulation Condition A.2.b.(iii)
Estimated Cost
Financing Mechanism
Guarantee
Responsible Areas
Avenida Encinas (Windrose Circle-Ponto Drive)
$3,5 17,000
Developer Funding
Improvement Agreement
Lots 1-9, Lot 79 and Area West of Railroad
Circulation Condition A.2.b. (iv)
Estimated Cost
Financing Mechanism
Guarantee
Responsible Areas
Avenida Encinas (Ponto Drive-Carlsbad
Boulevard)
$1,353,000
Developer Funding
Improvement Agreement
Lots 1-9, Lot 79 and Area West of Railroad
Circulation Condition A.2~4)
Estimated Cost
Financing Mechanism
Guarantee
Responsible Areas
Poinsettia LanelCarlsbad Boulevard Intersection
$15,000
Developer Funding
Improvement Agreement
Lots 1-9, Lot 79 and Area West of Railroad
G. FIRE FACILITIES
1. Conditions
The following condition was identified in the 1989 Zone 9 LFMP.
analysis of Fire Facilities, refer to pages 100 to 101 of that document.
a.
Fox
Special conditions for Zone 9
No special conditions are necessary at this time.
2. Changes
There are no changes to the approved conditions for Fire Facilities.
3. Financing
No special financing mechanism for fire facilities is required as a conditio]
development within Zone 9.
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July 6, 1994 23 Zone 9 Finance I
H. OPENSPACE
1. Conditions
According to the Citywide Facilities and Improvements Plan, Zone 9 is identil
as already in compliance with the adopted performance standard. Therefore,
further analysis is required pertaining to open space.
2. Changes
There are not changes to the approved conditions for Open Space.
- 3. Financing
None required
Zone 9 Finance I 24 Jury 6, 1994
I. SCgooL FACILITIES
1. Conditions
The following conditions were identified in the 1989 Zone 9 LFMP. FC
complete analysis of School Facilities, refer to pages 103 to 107 of
document.
A. SDecial Conditions-for Zone 9
Prior to the recordation of any residentialfinal map, issuance of build
or grading permit, whichever occursjh, in Zone 9, an agreement SI
be entered into between Carlsbad Unfled School District and the affec property owner(s) that shall provide for the following:
1. ne deeding of an acceptable school site to the Carlsbad Uno
School District if it is determined by the District a school within Zon
is warranted.
2. A j7nancingplan approved by the City and Carlsbad Unified Sch,
District guaranteeing the construction of necessary elementary sch,
facilities in Zone 9 pursuant to condition #l. If any reimburseme
and/or school fee credits are to be given, the school agreement@nana
plan shall provide a mechanism to do so.
2. Changes
Since approval of the condition shown above, a new School Location Plan I
been adopted by the Carlsbad Unified School District and incorporated into
City's General Plan. The School Location Plan does not identify the need fo.
school site in Zone 9.
However, the following condition is added: "Prior to the approval of any fii
map or the issuance of any building permit within Zone 9, the applicant for i
final map or building permit shall submit evidence to the City that impacts
school facilities have been mitigated in conformance with the City's Grov
Management Plan to the extent permitted by applicable state law for legislati
approvals. If the mitigation involves a financing scheme such as a Mello-Rc
Community Facilities District which is inconsistent with the City's Grov
Management Plan including City Council Policy Statement No. 38, the develol
shall submit disclosure documents for approval by the City Manager and Cj
Attorney which shall disclose to future owners in the project, to the maximL
extent possible, the existence of the tax and that the school district is the taxi
agency responsible for the financing district. I'
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July 6, I994 25 Zone 9 Rnance P1
3. Financing
The Property owner(s) within Zone 9 has entered into an agreement with
Carlsbad Unified School District (CUSD) to join the CUSD’s Commur
Facilities District (CFD) which was recently formed on November 5, 1993. 1
Agreement allows for a special tax to be assessed against future Single Fan
and Multi-Family dwelling units in this zone. The CFD allows for either the
prepayment in full of the Annual Special Tax at the time of issuance of a build
permit, or 2) the owner of the SFD or MF unit will be assessed a Ann
Maximum Special Tax which will commence the first fiscal year after a build
permit is issued and will continue for a period of 30 years. A copy of
be found in Appendix B.
Agreement and the resolution approving the School Facilities Finance Plan
Zone 9 Finance P July 6, 1994 26
J. SEWER FACILITIES
1. Conditions
The following conditions are identified in the 1989 Zone 9 LFMP. Fc
complete analysis of Sewer Facilities, refer to pages 108 to 117 of that documc
1. A rea "A I'
No special conditions are required for Area "A".
2. Area "B"
No special conditions are required for Area "B ".
3. Area "C. 1 ,,
No special conditions are required for Area "C.l*
4. Area "C. 2 'I
Prior to the recordation of any final map or issuance of a grading
building permit whichever occurs first in Area "C.2 N, a financ
mechanism guaranteeing the construction of the following sewer faciliL
must be approved:
a. Construction of the required sewage collection system to sei
Area "C. 2 " development: and
Construction of a pump station and force main to convey sewL to the gravity main in Windrose Circle.
Relocate three existing force mains carrying sewage from b
Leucadia County Water District's Batiquitos pump station to 1
Encina Water Pollution Control Facility. The relocations L
required for the construction of an at-grade intersection benve
Avenida Batiquitos and Carlsbad Boulevard.
Additionally, prior to the recordation of any final map, or issuar
of a grading or building permit, whichever comes first in AI
"C.2", a financial mechanism must be approved that )r
guarantee the $financing of yearly operational and maintenai
costs for the sewage pump station in petpetuity.
b.
e.
d.
July 6, I994 27 Zone 9 Enance A
5. Area "C. 3 ,,
Prior to the recordarion of any final map or issuance of a grading
building permit, whichever occurs first in Area "C.3"' a finan4
mechanism guaranteeing the construction of the following sewer facili
must be approved:
a, Construction of the required sewage collection system to se
Area "C.3" development; and
Construction of a 10-inch gravity main across the Railroad rii
ofway to convey sewage to the pump station in Area "C.2 ".
Construction of a pump station and force main to convey sew to the gravity main in Windrose Circle.
Relocate three existing force mains carrying sewage from
Leucadia County Water District's Batiquitos pump station to
Encina Water Pollution Control Facility. The relocations
required for the construction of an at-grade intersection bem
Avenida Batiquitos and Carlsbad Boulevard.
b.
c.
d.
e. Additionally, prior to the recordation of any final map, or issua, of a grading or building pennit, whichever comes first in Ai
"C.3"' a financial mechanism must be approved that 1
guarantee the financing of yearly operational and maintenai
costs for the sewage pump station in pelpetuity.
2. Changes
Due to the land use and circulation changes approved in the Poinsettia Sho
Master Plan and the 1994 Zone 9 LFMP Amendment, the Zone 9 Finance P
describes the specific changes made to the Sewer Facilities Conditions identif.
in the 1989 Zone 9 LFMP. The following conditions are intended to superse
the Sewer Facilities conditions originally approved in the 1989 Zone 9 LFMl
a. Area "A" - Not a Part
No special conditions are required for Area "A".
Area "B" - Not a Part
No special conditions are required for Area "B".
b.
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July 6, 1994 28 Zone 9 Finance P,
C. Developed Portion of Area "C. 1" - Not a Part
This is the area that includes the existing single family homes alc
Navigator Circle. No special conditions are required for the develo
portions of Area I' C .1 'I.
Undeveloped Portion of Area "C. l", Area "C.2" and Area "C.3" are n
identified as Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, Lot 79 and Area West
Railroad.
Sewer Facilities Condition 4.c. and Condition 5.d. identified in the l!
Zone 9 LFMP have been eliminated. Due to the realignment of Aven
Encinas approved in the 1994 Zone 9 LFMP, the relocation of the th
existing force mains is not necessary.
The remaining conditions from Sewer Facilities Condition 4. i
Condition 5. previously identified in the 1989 Zone 9 LFMP are n
combined, revised and identified as Sewer Facilities Conditions d. (j
d.(v) below.
(i)
d.
- -
Prior to the recordation of any applicable final map or issuance
a building permit whichever occurs first in Lots 3, 4 and A
West of Railroad, the construction of a 8" force main alc
railroad right-of-way must be financially guaranteed;
Prior to the recordation of any applicable final map or issuance
a building permit whichever occurs first in Lots 3, 4 and AI
West of Railroad, the construction of a pump station, local
within Lot 4 adjacent to the railroad right-of-way, must
financially guaranteed;
Prior to the recordation of any applicable final map, or issuance
a building permit, whichever comes first in Lots 3, 4 and Ai
West of Railroad, a financial mechanism must be approved tk
will guarantee the financing of yearly operational and maintenan
costs for the sewage pump station in perpetuity.
Prior to the recordation of any applicable final map or issuance
a building permit whichever occurs first in Lots 2, 3, 7, 8, 9 a
Lot 79, the construction of a portion of a 10" sewer main that
required to individually serve each of the previously mention1
Lots must be financially guaranteed.
Prior to the recordation of any applicable final map or issuance c
a grading or building permit whichever occurs first in Lots 1 ax
Jug 6, 1994 29 %ne 9 Annnce P.4
(ii)
(iii)
(iv)
(v)
Sewer Condition (i)
Estimated Cost
Financing Mechanism
Guarantee
Responsible Areas
Reimbursement
8" Force Main Along Railroad Right-of-way
(323 LF)
$20,995
Developer Funding
Improvement Agreement
3, 4 or Area West of Railroad
None
Sewer Condition (ii)
Estimated Cost
Financing Mechanism
Guarantee
Responsible Areas
Reimbursement
Pump Station
$250,000
Developer Funding
Improvement Agreement
3, 4 or Area West of Railroad
None
Sewer Condition (ii)
Estimated Cost
Financing Mechanism
Guarantee
Responsible Areas
Reimbursement
Yearly Operational and Maintenance Costs for
the Sewage Pump Station in Perpetuity
To Be Determined
Developer Funding
Improvement Agreement
3, 4 or Area West of Railroad
None
Sewer Condition (iv) 10" Sewer Main (1,620 LF)
Estimated Cost $12 1,500
Financing Mechanism Developer Funding
Guarantee Improvement Agreement
Responsible Areas
Reimbursement None
2, 3, 7, 8, 9 or Lot 79
J
Sewer Condition (v)
Estimated Cost $65,000
Financing Mechanism Developer Funding
Guarantee Improvement Agreement
Responsible Areas 1 and 5
8” Sewer Main (1,000 LF)
1 Reimbursement None -
K. WATER FACILITIES
1. Conditions
The following conditions are identified in the 1989 Zone 9 LFMP, For
complete analysis of Water Facilities, refer to pages 118 to 127 of tl
document.
Svecial Conditions
A. All development within Zone 9 shall pay the appropriate connection fee
required by the Costa Real Municipal Water District.
Prior to the recordation of a jinal map, or issuance of a grading pen
or building permit, whichever occurs first, in Area "C. 2 a, a financii
mechanism guaranteeing the construction of the following water faciliti
shall be approved:
B.
Facility Facility Location Facility Length flL
Number
1&5 Windrose Circle 16" Water Main 1,500
3&4 Avenida Batiquitos & 12 N Water Main 6,690
2 Windrose Circle 10" Water Main 1,741
4 Carlsbad Blvd. 12" Water Main, P. R. 1 each
7 Ponto Drive 12 ,, Water Main 600
8 Shearwater Rd. & Hotel IO ,, Water Main 2,400
Carlsbad Blvd.
Meter Station
Access
-
July 6, 1994 35 Zone 9 finance Pla,
C. Prior to the recordation of a final map, or issuance of a grading 1
building permit, whichever occurs first in Area "C.3", aflnancing ml
guaranteeing the construction of the following water facilities
approved:
Facility Nun ber Facility Location Facility Length fl
1&5 Windrose Circle 16" Water Main 1,500
3&4 Avenida Batiquitos & 12 " Water Main 6,690
2 Windrose Circle 10" Water Main I, 741
4 Carlsbad Blvd. 12 ,, Water Main, P. R. 1 each
7 Ponto Drive 12 " Water Main 600
Carlsbad Blvd.
Meter Station
2. Changes
The 1994 Zone 9 LFMP Amendment provides a brief summary of the City's nev
master plan. The Zone 9 Finance Plan identifies the specific changes made in tl
Master Plan CMWZl Project No. 89-105 pertinent to the undeveloped areas in Zoni
following conditions are intended to supersede the Water Facilities conditions (
approved in the 1989 Zone 9 LFMP.
a. Since the original approval of the Zone 9 LFMP, the name of the governj
district has changed. Therefore, all development within Zone 9 shall
appropriate connection fee as required by the Carlsbad Municipal Water Dis
the Costa Real Municipal Water District.
Undeveloped Portion of Area "C. 1") Area "C.2" and Area "C.3" are now i
as Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, Lot 79 and Area West of Railroad.
Water Facilities Condition B. and Condition C. previously identified in
Zone 9 LFMP are now combined, revised and identified as Water
Conditions b.(i) and b.(ii) below:
(i) Prior to the recordation of a final map, issuance of a grading F
issuance of a building permit, whichever occurs first for Lots 1-9, Lot 79 s
West of Railroad, a financing mechanism guaranteeing the construction t
Water Main (3,450 LF) to be located in Avenida Encinas and Tempom
Drive.
b.
July 6, 1994 36 Zone 9 Finance Pln
Water Condition b.(i)
Estimated Cost
Financing Mechanism
Guarantee
Responsible Areas
Reimbursement
12" Water Main (3,450 LF) in Avenida Encinas
and Temporary Ponto Drive
$162,150
Developer Funding
Improvement Agreement
Lots 1-9, Lot 79 and Area West of Railroad
None
Water Condition b.(ii)
Estimated Cost
Financing Mechanism
Guarantee
Responsible Areas
Reimbursement
12" Water Main (4,700 LJ?) and 2-Way Water
Meter & PR Station
$295,900
Developer Funding
Improvement Agreement
Area West of Railroad
None
-
Appendix A - Zone 9 Finance Matrix
July 6, 1994 Zone 9 finance Pk
FACILITY:
ADMINISTRATIVE FACILITIES
LIBRARY FACILITIES
PARK FACILITIES
SCHOOL FACILITIES
WASTEWATER FACILITIES
OPEN SPACE
FIRE
FINANCIAL GUARANTEE:
Participation in CFD via condition of approval of
TM
Participation in CFD via condition of approval of
TM
None Required - Park in-lieu fees are possible
Participation in CUSD CFD
Sewer Connection Fees
None Required
None Required
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Appendix B - School Agreement
July 6, 1994 Zone 9 Rinance Pk
<
Recording Requested by 1 and when recorded mail to: )
) Carlsbad Unified School District )
801 Pine Avenue 1
Carlsbad, CA 92008-2439 1 1
Attention: John Blair 1
Exempt: Government Code Q 6103
Space above this he for Recoraer's use only
SCHOOL FACILITIES FUNDING AND MITIGATION AGREEMENT
THIS SCHOOL FACKITIES FUNDING AND MITIGATION AGREEMENT
("Agreement") is made as of hfay
SCHOOL DISTRICT ( "School District"), a school district organized and existing under th~
1994, by and between CARLSBAD UNIFIED -)
.
laws of the State of California, and KAIZA PONSE?TIA CORPORATION, a CaIifomia
Corporation ( "Landowner").
WITNESSETH:
I
WHEREAS, Landowner is the owner of the undeveIoped property described in Exh
A and depicted in Exhibit B hereto ( "Property") which Landowner proposes to develop fol
..
D b residential uses w e 223
i P ("Proposed Development"); and
WHEREAS, the City of Carlsbad ("City") adopted and included in the public facilitir
element of the City General Plan the requirement that its City Council and Planning
Commission shall not grant approval of any additional development unless the City finds tha
all necessary public facilities will exist as such development occurs, as required by the City
General Plan (including its Ggrowth %management Ppian) which requires assured
CUSD Mitigation Agreement No. 94-1
Kaiza Pomnsettia Corporation
X4?1G .J2lW-UdudM2 -1- BMW&GIAB ~~103
\
availability of School Facilities (as hereinafter defined) of the School District; and
WHEREAS, Landowner is seeking approval to develop the Property for the hpos
Development by the City, which Proposed Development may hereafter be revised; and
WHEREAS, the School District, subject to receipt of funds pursuant to this Agreemr
intends to provide School Facilities for the Proposed Development and has formed a
community facilities district ("CFD No. 3"), and is amenable to annexing the Property,
pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the "Al
to fund such School Facilities for the development of the Property ; and
WHEREAS, School District and the Landowner intend that funding for School
Facilities required to serve students residing within the Property shall be provided on a time
. basis by means of financing by CFD No. 3 or the Mitigation Payments (as hereinafter defin
as provided in this Agreement.
NOW, THEREFORE, in consideration of the terms and conditions herein set forth, t
School District and the Landowner DO HEREBY AGREE AS FOLLOWS:
I
1. Definitions. As used in this Agreement, all capitalized terms shall hav
the meanings set forth in Section A of Exhibit "C" or the following meanings, whichever is
applicable.
"Annexation" means the annexation of the Property to CFD No. 3 as provideu
under Section 53339, et seq., of the Act.
"CFD No. 3" means the community facilities district formed by the School
District pursuant to the Act and known by that name.
"City" means the City of Carlsbad, California.
"City General Plan" means the general plan of the City adopted pursuant to
CUSD Mitigation Agreement No. 94-1
Kaiza Poinsettia Corporation
w01!.10 . J!?l/pJ * w Dnn 2
SAKW&G/ABS~~I .03 -2-
\
Section 65300 et seq. of the Government Code and each mandatory and optional element
thereof.
"Completion of Annexation to CFD No. 3" shall be deemed to have occunt
upon the occurrence of all of the following: (i) the annexation of the Property to CFD Nc
including the authorization for the levy by CFD No. 3 of the Special Taxes and the
authorization of the issuance of Bonds; (ii) the approval by the qualified electors of CFD
3 of the levy of the Special Taxes and the issuance of the Bonds, (iG) the expiration of &
statute4 of limitations provided in Section 53359 of the Act, and (v) the effective date of th
first applicable validating legislation by the State of California.
"Credit Funds" means the fair share of the following, as reasonably determir
by School District to be allocable to the Property:
(9 ny and all funds, reductions in liabilities or
consideration in lieu of funds, received by School District from the State after the date of ti
Agreement for funding of School Facilities for new development, including the developmen
1
the Property, other than funds received for modernization or reconstruction of existing llSch
Faciii ties of the School District;
€The proceeds of any certificates of participation (no1
relating to use of the Special Taxes of CFD No. 3 for making any related Lease Payments)
received after the date of the Agreement for permanent financing of additional School
Facilities for new development, general obligation bonds issued by the School District after I
date of this Agreement for the acquisition or the construction of additional School Facilities
new development in the School District or any other local financing described in paragraph (
of Section 2.4 of this-Agreement; and
CUSD Mitigation Agreement No. 94-1
Kaiza Pomsettia Corporation
BAKWBGIABhIdT38103
yyz to . snim - wi-d ~nn 2 -3-
,
(iii) iIf, notwithstanding the
pr~vhions of this Agreement to the contrary, the School District, State, County, City or ar
other agency are mandated or permitted by future iegislation to impose and collect any fee l
charge, however denominated, for the financing of School Facilities for development of th
Property, the amount of any such fee or charge so collected.
The fair share determination of Credit Funds made by School District shall include
consideration of the number of dwelling units approved for the - Proposed Development in
relation to the number of future dwelling units provided for in the City General Plan and
reasonably anticipated to be developed within thirty (30) years from the date of this
Agreement.
indebtedness under the preceding clause (ii) shall not include any allocation of the proceeds I
a GO Bond Proposition requiring payments in the amount of $600 per dwelling unit or less,
because credit in such amount of $600 per dwelling unit already has been used by School
District in calculating the Special Taxes described in Exhibit "C". Any such determination
shall ecm-kk~ the methodology set forth in Exhibit "Dl' to this
Agreement.
-
The fair share determination by School District as to future local bonded
I
"GO Bond Proposition" means any local ballot proposition presented to and
approved by the electorate of the School District after the date of this Agreement authorizing
the School District to issue general obligation bonds on a district-wide basis.
"Landscaping and Lighting Act of 1972" means the part known by that title an(
set forth at Section 2.2500 9. seq. of the Streets and Highways Code.
"Lease Payments" means payments made under a lease agreement relative to thc
financing of School Facilities of CFD No. 3 by reason of the issuance of certificates of
CUSD Mitigation Agreement No. 94-1
Kaiza Poinsettia Corporation
BAKWltC2ABI~mm8103
?a42.10 .J"7.94 - - m 2 -1-
participation by the School District.
"Lease-Purchase Law" means the Leroy F. Greene State School Building Lei
Purchase Law, set forth at Title 1, Division 10, Chapter 22 of the California Education Co,
(commencing with Section 17700) and all standards and regulations adopted by appropriate
State agencies in the implementation of such law.
"Mitigation Payment" means a payment to be made
2.3 prior to the issuance of each residential building permit in the amount of $6616 for a
Single Family Detached Unit and $5295 for a Multi-Family Unit, which amounts shall
increase by 3% per Fiscal Year commencing July 1, 1994, and each July 1 thereafter throug
"Poinsettia Shores Master Plan" means the master plan adopted by the City an
4
known by that name.
"Proceeds" means the proceeds of the Bonds of CFD No. 3 including
certificates of participation where the Lease Payments are to be funded by the Special Taxes
CFD No. 3 and investment earnings thereon.
It Project" means any project undertaken for the purpose of development
involving the approval or issuance of any permit or entitlement for use by any governmental
agency and includes all such permits and entitlements for use whether classified as quasi-
legislative, quasi-judicial or ministerial in nature including no the adoption,
amendment, approval or issuance of any general plan, specific plan, master plan, zoning
CUSD Mitigation Agreement No. 93-1
Kaiza Poinsettia Corporation
BAKwacIAgiamt a
3x2 10 .527/p1 . RcdlI5d M 2 - j-
ordinance, tentative subdivision map, tentative parcel map, final subdivision map, final par
map, variance, conditional use permit, site pian, plot plan, development plan, annexation,
public utility connection, building permit and certificate of occupancy.
"School Facilities" means the construction and/or financing of certain public
capital school facilities consisting of elementary, middle and high school facilities (grades
kindergarten through 12) or increments thereof, including central support, administration an
special education facilities, to serve needs created by development within the boundaries of
CFD No. 3 including the Property.
"Single Payment Special Tax" means the - * Special Taxes as
provided herein under Section F.l of Exhibit 'IC". Landowner may elect to prepay the Sin
. Payment Special Taxes prior to issuance of a
building permit for such dwelling unit within the Property.
"Special Tax" or "Special Taxes" means the "Annual Maximum Special Tax"
defined in Exhibit "C" including any whole or partial prepayment thereof as provided in
Section F of Exhibit 'IC".
I
"State" means the State of Cdifornia.
State Aid Consultanttt means an architectural firm or other consultant of It
recognized experience in applying for and obtaining funds from the State of California for
school construction costs pursuant to the Lease-Purchase Law and other available similar
programs.
"Zone 9 Local Facilities Management Plan and Financing Plan" means the plan
adopted by the City and known by that name.
Ill
CUSD Mitigation Agreement No. 94-1
Kaiza Poinsettia Corpoman
EJAKW~G/A.B/ap738l.CD
3342.10 . Xi& - kcdud Lhf~ 2 -6-
2. Mitigation of School Facilities Impacts.
2.1 Annexation of the Property to CFD No. 3. At the earliest
practxable date, School District shall initiate proceedings for the Annexation of the PropeI
w-€FQ>k. 3. Landowner agrees to participate and exec
all documents reasonably requested by School District and required for Annexation &&e
$ I'C:". Annexation of the Property shall be or
basis of and not exceeding the parameters set forth in Exhibit "C" with respect to the rate
method of apportionment of Special Taxes.
..
2.2 CFD No. 3 Limitations. CFD No. 3 shall be authorized only
finance the School Fachties and shall not be authorized at any time to finance any other ty
of facilities or my services . CFD No. 3 shall not levy or collect any special ti
exceeding the Special Taxes set forth in Exhibit "C".
.
2.3 Prohibition of Additional Mitigation. Provided Landowner is
compliance with the provisions of this Agreement, Landowner, and its respective successor:
and assigns, shall be deemed to have fulfilled and mitigated their entire obligation to assist i
financing School Facilities to serve the student population to be generated by the developm
of the Property, upon the occurrence of the eCompletion of the annexation -
CFD No. 3, or the payment of the Mitigation Payments. Payment of the Mitigation Payme
shall be required only if the School District approves the Annexation of the Property to CFI
No. 3 and the authorization of the Special Taxes and Bonds prior to the time when residenti.
building permits are requested by Landowner and Landowner: (i) protests such proceedings,
(ii) fails to vote at an election thereon, (iii) votes "no" in such election for the Annexation e
&&%qe#y, the Bonds or Special Taxes of CFD No. 3. This Agreement shall be deemed t
1
CUSD Mitigation Agreement No. 93-1
Kaiza Poinsettia Corporation
BhhWbGiAw.rpmsl03
3x2 10 .517m . w Dnn 2 -7-
satisfy any and all present and future requirements and conditions of the entitlements fo; th
development of the Property, inciuaing conditions of the Poinsettia Shores Master Plan. Zc
9 Local Facilities Management Plan and Financing Plan and the City General Plan. As a
result, the School District hereby covenants that it will not under any circumstances at my
time:
(a) exercise any power or authority (under Section 53080 (
the California Government Code or any other provision of applicable law) to levy a
fee, charge, dedication, or other form of requirement against any Project (inchain:
any Senior Citizen Housing but excluding any Commercial/Industnal Property
development) undertaken within the boundaries of the Property for the purpose of
funding or financing any School Facilities. If a Senior Citizen Housing dwelling un
converted to other use, it shall be subject to the Special Tax for a period of thirty (3
years from the date of such conversion.
@) require the City or any other governmental entity to
6
exercise, or cooperate with the City or any other governmental entity in the exercise
of, the power under Title 7, Division 1, Chapter 4.7 of the California Government
Code (commencing with Section 65970) or any other provision of applicable law, to
require the dedication of land, the payment of fees in 'lieu thereof, or both for
classroom or related facilities as a condition to the approval of a residential Project
(including any Senior Citizen Housing but excluding any Commercial/Industnal projc
within the boundaries of the Property;
(c) oppose any m Project for
residential puqwses on the Property on the basis of inadequate School Facilities or
CUSD Mitigation Agreement No. 94-1
Kaiza Poinsettia Corporation
BAKWBGIABI.~~BI m
m2.10 . S?7M . Rdud Dnn 2 -8-
seek other forms of mitigation for any Project (including Senior Citizen Housing) \
respect to the adequacy of School Facilities, including, but not limited to, the
establishment of developer fees, the payment of any money by the Landowner
(regardless of how denominated or labelled), or the dedication of land permitted by
present or future State law, rulings, regulations and court decisions if the proceeds c
such fees, assessments or requirements will be used to finance or fund any School
Facilities; or -
(d) issue bonds, except the herein described Bonds, or incu
any other form of indebtedness, payable from taxes or assessments of any kind (othe
than the School District's portion of the existing ad valorem property taxes) levied 0,
any property within the boundaries of CFD No. 3, the proceeds of which are to be
used in whole or in part, directly or indirectly, for funding or financing the W
School Facilities. The limitations contained in this clause (d) shall not be applicable t
any (i) general obligation bonds, (ii) bonds of a community facilities district formed
under the Act or other local financing, which may be approved by the registered vote
within the boundaries of the School District and including the entire School District, (
(iii) assessments pursuant to the Landscaping and Lighting Act of 1972, or other
assessment proceedings available to the School District, providing for an assessment
district encompassing the entire School District.
1
2.5 Other Properties. In order to equalize treatment of landowners
seeking to develop within the School District's boundaries, School District agrees to use its
best efforts to enter into agreements comparable to this Agreement (the "Other Agreements")
with the owners of other properties (the "Other Owners") within the School District in order
CUSD Mitigation Agreement No. 94-1
Kaiza Poinsettia Corporation
eaw&cimiami .m
W2.IO .J17Bd ~ lkdlmd M 2 -9-
to obhn finand commitments for School Facilities from them at least qual to the
commitments made by the Landowner in this Agreement; provided, however, that if,
notwithstanding the use of such best efforts, School District is unable to enter into any suck
Other Agreements with the Other Owners, such inability shall not constitute a breach of thi
Agreement. Notwithstanding anything in this Agreement to the contrary, it is agreed that n
Other Agreements shall be more favorable to any Other Owners than this Agreement is to
Landowner. In the event School District enters into any Other Agreement after the date oi
this Agreement, School District shall give notice to Landowner of such Other Agreement b
providing Landowner with a copy of such Other Agreement in the manner provided in
Section 5.6 herein concurrently when School District records such Other Agreement with thc
office of the County Recorder of the County of San Diego. If any Other Agreement contair
provisions of a financial or legal nature which are materially more favorable than those
contained in this Agreement, School District shall promptly amend, upon request of
Landowner, this Agreement to incorporate such more favorable provisions. The effective cia
of any such amendment to this Agreement shall be the effective date of the Other
Agreement(s) containing such more favorable provisions.
I
2.6 Covenant to Construct School Facilities and Serve Students.
Provided sufficient funds are received pursuant to this Agreement, the School District
covenanqs for the benefit of Landowner and any persons owning Residential Property within
the Property that School District will use its best efforts to acquire or construct School
Facilities sufficient to serve the students generated from development within the Property.
2.7 Disclosure of SDecial Tax. Landowner hereby covenants to the
School District that Landowner shall provide, or by contract with any developer or merchant
CUSD Mitigation Agreement No. 94-1
Kaiza Poutsettia Corporation
U! IO .5?7N - LdIlEd Drift 2
BAhW&GlhB~~mrT)slo) - 10-
builder of any part of the Property require to be provided the “Notice of Special Tax” reqi
by Section 53341.5 of the Act or any similar successor statute. Landowner expressly
acknowledges that the School District and CFD No. 3 shall have no duty or obligation anc
shall incur no liability, jointly or severally, with respect to the foregoing covenant of the
Landowner.
2.8 Indemnification Regarding Disclosure. Landowner shall assu
the defense of, indemnify and hold harmless the School District and CFD No. 3 and each (
their officers, employees and agents from and against any and all actions, damages, dims,
losses, expenses or liability arising from, or related to, Landowner’s covenant and obligatic
to disclose the Special Tax as provided under Section 2.7 of this Agreement or arising from
any information set forth in any official statement with respect to any of the Bonds to the
extent Landowner has furnished such information and has expressly approved in writing the
inclusion of such information in such official statement.
3. State Funds.
1
3.1 State Aid ADDlication. School District shall apply for and utili;
its best efforts to obtain approval of any State funding for School Facilities that may become
available to School District under the Lease-Purchase Law or any other State law. Subject tt
the School District’s obligations contained herein, Owner acknowledges that the risk of deniz
of any such application by the State shall be borne by Landowner and by other payers of the
Speciai Taxes within CFD No. 3 and shall not be a basis to lodge a protest of any Special
Taxes payable or to file a claim for the recovery of any Special Taxes paid. The fees and
charges of any State Aid Consultant reasonably incurred in efforts to obtain State funding for
the School Facilities may be included in the Administrative Expenses for which the Speciai
CUSD Mitigation Agreement No. 94-1
Kaiza Pomsettia Corporation
BAKWIGI.4BBIa~lo)
rnWz.IO .527l94 ~ RD5iud Dnn 2 -11-
Taxes of CFD No. 3 may be levied each Fiscal Year.
3.2 ADDlication of Credit Funds. Landowner and School Districi
agree that, to the extent legally permissible, the Property’s share of any Credit Funds rece
by the School District, as reasonably determined by the School District, shall be applied tc
or reduce the Special Taxes levied on the Property and remaining unpaid.
4. Bindinp on Community Facilities District. CFD No. 3 shall b a pi
to this Agreement, and all provisions hereof which apply to the School District shall also a
to CFD No. 3. The Board shall cause to be executed such documents as may reasonably t
required to confirm that CFD No. 3 is bound by this Agreement., and copies of such
documents shall be provided Landowner. The Board, acting as the legislative body of CFI
No. 3, shall perform all parts of this Agreement which require performance on the part of
CFD No. 3.
.
5. General Provisions,
5.1 Successors. All of the covenants, stipulations, promises and
4
agreements contained in this Agreement by or on behalf of, or for the benefit of, any of thr
parties hereto, shall bind and inure to the benefit of the successors of the respective parties ,
5.2 Assionment.
(a> No sale, transfer or assignmeni
of any right or interest under this Agreement shall be made unless made together wit1
the sale, transfer or assignment of all or a part of the Property.
@> Concurrent with any such sale,
transfer or assignment, or within thirty (30) days thereafter, Landowner shall notify
the School District, in writing, of such sale, transfer or assignment and shall provide
CUSD Mitigation Agreement No. 94-1
Kaiza Poinsettia Corporation
BAUWAGIMI~J~~~~~ .Q3
M.4210 - 5R7r94 - Rnihvi DnA 1 - 12-
School District with an executed agreement, in a form reasonably acceptable to Sc
District, by the purchaser. transfer or assignee by which the purchaser, transferee
assignee expressiy and unconditionally assumes all duties and obligations of Land01
in this Agreement with respect to the Property or part thereof conveyed.
(4 Any sale, transfer
assignment not made in stnct compliance with paragraph (b) of this Section 5.2@)
constitute a default by the seller, transferor or assignor under this Agreement;
provided, however, such default may be cured at any time by the purchaser, transit
or assignee executing an agreement pursuant to paragraph (b) of this Section 5.2 an1
such default shall affect the rights under this Agreement of any other owner of any
of the Property. Notwithstanding the failure of any purchaser, transferee or assigne
to execute the agreement required by paragraph (b) of this Section 5.2, the burdens
this Agreement shall be binding upon such purchaser, transferee or assignee, but the
benefits of this Agreement shall not inure to such purchaser, transferee or assignee
until and unless such agreement is executed.
1
5.3 Amendment and Waiver. This Agreement shall be amended oL
by a written instrument executed by the parties hereto or their respective successors and
assignees. All ~aivers of this Agreement must be in writing and signed by the appropriate
authorities of the parties hereto.
5.4 Severability. If any provision of this Agreement shall be held
invalid, illegal or unenforceable by a court of competent jurisdiction, the validity, legality 01
enforceability of the remaining ponions hereof shall not, in any way, be affected or impairec
thereby. - -
CUSD hlitigation Agreement No. 94-1
Kaiza Poinsettia Corporation
BMW&GlA&mdlXl.U3
Wl2 IO .527;pJ . bjhEi M 2 -13-
5.5 InteEration. This Agreement supersedes any and all other
agreements, either oral or in wnting, between the parties with respect to the subject matter
this Agreement.
5.6 Notices, Demands and Communication. Formal notices, dem;
and communications between the School District and Landowner hereunder shall be
sufficiently given if (i) personally delivered, (ii) mailed by registered or certified mail, psi
prepaid, return receipt requested, or (iii) delivered by Federal Express or other reliable pnv
express delivery service to the principal offices of the School District or Landowner, as set
forth below. Such wntten notices, demands and communications may be sent in the same
manner to such other addresses as either party may from time to time designate by mail as
provided in this Section. Such notices demands or communications shall be deemed receive
upon delivery if personally served, or upon the expiration of three (3) business days if given
by other approved means as specified above.
- -
.
If to the School District: Carlsbad Unified School District
801 Pine Avenue
Carlsbad, CA 92008-2439
#
with a copy to: Alexander Bowie, Esq. Bowie, Arneson, Kadi, Wiles Br. Giannone
4920 Campus Drive, Suite A
Newport Beach, CA 92660
Kaiza Poinsettia Corporation
7220 Avenida Encinas, Suite 200
Carlsbad, CA 92009
Pillsbury, Madison & Sutro
101 W. Broadway, Suite 1200
San Diego, CA 92101
Attn: William A. Reavey, Esq.
If to the Landowner:
With a copy to:
5.7 Arbitration. Any controversy or claim arising out of or relating tl
CUSD h.iitzgation Agreement No. 94-1
Kaiza Potnsettla Corporation
BAKW~G~ABIS~I a
3042 IO .5/27!94 . w rn 2 -14-
this Agreement, or breach thereof shall be settled by binding arbitration in San Diego Co
in accordance with the rules of the American Arbitration Association and judgment upon
award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
5.8 Attorney’ Fees. In any litigation or arbitration arising out (
breach of this Agreement by any party, the prevailing party in such arbitration or litigatio
addition to any other relief which may be granted, whether legal or equitable, shall be ent
to recover reasonable attorneys’ fees and all other reasonable costs incurred in such arbiu
or litigation and allowed by the arbitrator or court.
5.9 Interpretation. The terms of this Agreement, including all
Exhibits hereto, shall not be construed for or against any party by reason of the authorshi1
this Agreement, but shall be construed in accordance with the meaning of the language us(
The Section headings are for purposes of convenience only, and shall not be construed to 1
or extend the meaning of this Agreement.
5.10 Force Ma-ieure. The obligations of any party under this
I
Agreement, and all deadlines by which any party’s obligations hereunder must be performe
shall be excused or extended for a period of time equal to any prevention, delay or stoppag
performance which is attributable to any strike, lock-out or other labor or industrial
disturbance, civil disturbance, act of a public enemy, war, riot, sabotage, blockade, embar;
Iightnmg, earthquake, fire, storm, hurricane, tornado, flood, , explosion, court injunction,
moratorium on any necessary public utilities
5.11
Certification.
This Agreement or a notice describing thc
CUSD Mitigation Agreement No. 94-1
Kana Poinsettia Corporation
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BAKwBGIABI*ldTYII .m -15-
existence of this Agreement and the Property may be recorded by Landowner or by the
District. The parties hereby agree to execute such documents as may be needed to give su(
notice.
Any existing monetary encumbrances o
options in favor of non-governmental agencies or entities shall be subordinated to this
Agreement prior to School District certifying to City the availability of School Facilities foi
the Property.
t Promptly upon receipt of
confirmation of such subordination, School District shall provide to Landowner written
certification, in a form acceptable to Landowner and City, that all requirements of the Schoc
District with respect to mitigation of all school impacts from the development of the Propel
will be satisfied upon performance of the terms of this Agreement. Provided Landowner is
compliance with this Agrement, School District shall promptly provide to City the
certification required pursuant to Section 53080@) of Government Code, or similar successo~
law, with respect t
Property
I
any building permit required for development of the
5.12 Execution. This Agreement may be executed in several
counterparts each of which shall be an original and all of which shall constitute but one and
the same agreement.
5.13 Mutual CooDeration. Each party to this Agreement agrees to
cooperate with the others, to act in good faith, to sign any other and further documents, and
perform such other acts, as may be reasonably necessary or proper in order to accomplish the
intent of this Agreement. No party shall do anything which shall have the effect of harming
CUSD Mitigation Agreement No. 93-1
Kaiza Pomsettia Corporation
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or injuring the right of any other party to receive the benefits of this Agreement. The pan
shall refrain from doing anything which would render their performance under this Agreen
impossible or impractical.
5.14. No Third Partv Beneficiaries. This Agreement is made and
entered into for the sole protection and benefit of the parties and their successors and assig
No other person or entity shall have any right of action based on any provision of this
Agreement.
5.15 Exhibits. All Exhibits attached hereto are incorporated into th
Agreement by reference.
IN WITNESS WHEREOF, the parties hereto have executed this School
FaciIities Funding and Mitigation Agreement on the day and year first above written.
CARLSBAD UNIFIED SCHOOL DISTRICT
1
By:
Superintendent
CUSD Mitigatron Agreement No. 94-1
Kaiza Poinsettla Corporatlon
B~WlGiABirrniz1BI .03 -17- 3x2 10 527494 - w rxln 2
APPROVED AS TO FORM:
BOWIE, ARNESON, UDI,
Legal Counsel - Carlsbad Unified School District
WILES & GIANNONE
BY
KAIZA POINSETTIA CORPORATION, a California corpo~
By:
Nonko Saga, President
1
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CUSD Mitigation Agreement KO. 94-1
Kaiza Pomsettia Corporation
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BhKWAC/AB/iidTJBI 03 -18-
EXHIBIT A
LEGAL DESCRIPTION
- -
I
CUSD Mitigation Agreement No. 94-1
Kaiza Poinsettia Corporation
BAKW&GfABI.dl38103
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EXHIBIT B
MAP OF PROPERTY
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CUSD Mitigation Agreement No. 94-1
Kaiza Poinsettia Corporation
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EXHIBIT C
RATE AND METHOD OF APPORTIOh3lENT OF SPECIAL TAX
COMMLTNITY FACILITIES DISTRICT NO. 3
CARLSBADUlYIFIED SCHOOL DISTRICT
This Rate and Method of Apportionment of this Special Tax sets forth the special ta
applicable to each Assessor's Parcel within Community Facilities District No. 3 ("CFD
special tax liability determined by the Board of Trustees of the Carlsbad Unified Schooi
District (the "School District"), acting as the Legislative Body of CFD No. 3. The appiica
Annual hlaximum Special Tax shall be determined pursuant to the application of the
Property within CFD No. 3, unless exempted by law, or the provisions of Section E, belot
shall be subject to the applicable Annual Maximum Special Tax levied and collected to the
extent and in the manner herein provided.
No, 3") of the Carlsbad Unified School District to be levied and collected according to the
appropriate amount or rate for "Developed Property", as described below. All Developed
This Rate and Method of Apportionment also is provided as an explanation to allow
landowners or residents within CFD No. 3 to estimate the Annual Maximum Special Tax tc
annually levied and collected, or prepaid, as the case may be, with regard to property withj
CFD No. 3.
A. Def~tions
IIAct" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5 (commencing with Section 533 11) of Division 2 of Title 5 df the Calif0
Government Code.
"Administrative Expense" means any costs incurred by the School District on behd
of CFD No. 3 related to the determination of the amount of the annual levy of the
Annual Maximum Special Tax, the collection of the Annual Maximum Special Tax,
administration of the Bonds of CFD No. 3, and the other costs incurred in order to
carry out the authorized purposes of CFD No. 3.
"Annual Maximum Special Tax" means the special tax to be levied in each Fiscal
Year pursuant to Sections C. and D. on each Assessor's Parcel classified as Develop(
Property for a period not to exceed 30 years including the Initial Fiscal Year.
"Assessor's Parcel" means a parcel of land as designated on an official map of the S
Diego County Assessor which has been assigned a discrete identifying parcel number
"Board" means the Board of Trustees of the Carlsbad Unified School District.
CUSD Mitigation Agreement No. 94-1
Kaiza Pomsettia Corporation
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"Bonds" means the bonds, or equivalent secunties, including, but not limired to,
certificates of participation or leases, of CFD No. 3 issued and sold to finance the
Facilities.
"Bond Indenture" means the Bond Indenture, Trust Agreement or equivalent
document, approved, and/or entered into, by CFD No. 3 providing for the issuance
sale of Bonds, as the same may be amended or supplemented from time to time.
" CommerciaYIndustrial Property" means property zoned for commercialiindustnd
uses or other non-residential uses.
"Developed Property" means for any Fiscal year all Taxable Property for which a
foundation building permit for Residential Property was issued prior to hlay 1
preceding the Fiscal Year in which the Annual Maximum Special Tax is being levier
"Facilities" means the school facilities as may be identified in the Community
Facilities District Report prepared for CFD No. 3 on file in the Office of the Clerk c
the Board or such other facilities to be financed by CFD No. 3 pursuant to the Act.
"Fiscal Year" means the period starting on July 1st and ending the following June
30th.
"Lnitial Fiscal Year" applies only to Developed Property and means the first Fiscal
Year in which the Annual Maximum Special Tax will be apportioned and levied on a:
Assessor's Parcel.
"Land Use Class" means any of the classes of Developed Property listed in Table 1
below.
"Multi-Family Unit"or "Attached Dwelling Unit" means all Developed Property otl
than Single Family Detached Units, which includes, but shall not be limited to,
apartments available for rental by the general public, condominiums as defined in CiL
Code Section 1351, or a structure or structures made up of two or more units that
share common walls that is to be developed or is developed for residential use.
"Residential Property" means all property within CFD No. 3 classified as either a
Single Family Detached Unit or Multi-Family Unit.
4
"Senior Citizen Housing" means any senior citizen housing, residential care facilities
for the elderly, or multilevel facilities for the elderly meeting the definitions Set forth
in Government Code Section 65995.1 or a successor section thereto.
"Single Family Detached Unit" means Developed Property which contains a structurt
of one dwelling unit that is to be developed or is developed for residential use.
CUSD Mitigation Agreement No. 94-1
Kaiza Poinsettia Corporation
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C
"Taxable Property" means all Assessor's Parcels within the boundaries ol CFD No.
which' are not exempt from the Annual Maximurn Special Tax pursuant to the Act an
the provisions of Section E. herein.
"Undeveioped Property" means all Taxable Property in CFD No. 3 not classified a!
Developed Property.
Assignment to Land Use Categories
As soon as practicable, as of May 1 for the next succeeding Fiscal Year, all Taxable
Property within CFD No. 3 shall be categorized as Developed Property or
Undeveloped Property. Developed Property shall be subject to an Annual Maxirnurr
Special Tax pursuant to Sections C. and D. below.
For purposes of determining the applicable Annual Maximum Special Tax for each
Assessor's Parcel of Developed Property, all Developed Property shall be assigned tc
Land Use Class designated in Table 1 below. Single Family Detached Units shall br
assigned to Land Use Class 1. Multi-family Units shall be assigned to Land Use Cla
2.
B.
. C. Annual Maximum Special Tax
1. Developed Property
The Annual Maximum Special Tax for each Assessor's Parcel classified as
Developed Property shall be the amount determined by reference to Table 1 ;
the paragraphs that follow Table 1.
I
Table 1
Annual Maximum Special Tax Rates for Developed Property
(For the Fiscal Year 1993-94)
Annual Maxirnu
Land Use Class Land Use Descrktion Tax Per Unit (1
1 Single Family Detached Unit $637
2 Multi-Family UniUAttached Dwelling Unit $5 10
In determining the Annual Maximum Special Tax which may be levied in an
Fiscal Year, on July 1, 1994, and on each July 1 thereafter, the Annual
Maximum Special Tax shall be increased by an amount equal to 3% of the
amount in effect for the previous Fiscal Year, until July 1, 2008. After
July 1, 2008, no further escalation of the Annual Maximum Special Tax sha
occur. - -
CUSD Mitigation Agreement No. 94-1
Kaiza Poinsettia Corporation
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In each Fiscal Year in which an Assessor’s Parcel is initially categorized as
Developed Property, the Annual Maximum Special Tax for such Assessor’s
Parcel, for the Initial Fiscal Year and for each Fiscal Year thereafter, shall bc
fixed and shall thereafter not be subject to any further escalation of the Annu:
Maximum Special Tax as described in the paragraph above.
-. 3 Undeveloped Property
The Board shall not impose any Annual Maximum Special Tax on Undevelop
Property.
D. hfethod of Apportionment of the Special Tax
Commencing with Fiscal year 1994-95, and each Fiscal-?ear thereafter, the Board s
determine the Annual Maximum Special Tax to be collected from Taxable Property
CFD No. 3. The Board may levy the Annual Maximum Special Tax on all Assessoi
Land Use Classes 1 and 2.
-
Parcels of Development Propeny by levying the Annual Maximum Special Tax for
E. Limitations
The Board shall not levy an Annual Maximum Special Tax on properties owned by t
State of California, federal or other local governments, except as otherwise provided
Sections 53317.3 and 53317.5 of the Act. Developed Property which becomes the
property of the State of California, the federal government or other public agency afi
being categorized as Developed Property is liable for the Annual Maximum Special r
levied in the Fiscal Year during which such transfer occurs and will be subject to the
Annual Maximum Special Tax in each Fiscal Year thereafter under the driginal Land
Use Class for such Assessor’s Parcel. Such Assessor’s Parcel may be exempted, at
the direction, and in the discretion, of the Board in any Fiscal Year.
NO Annual Maximum Special Tax shall be levied on Senior Citizen Housing or on CommerciaUIndustrial Property within CFD No. 3.
Prepayment of the Annual Maximum Special Tax
Any owner of Developed Property within CFD No. 3 may discharge the Annual
Maximum Special Tax obligation in full or in part, by making payment pursuant to t
applicable Sections F. 1. or F. 2 as follows:
Upon the Issuance of a Building Permit
,
F.
1.
At the time of issuance of a building permit for a Single Family Detached Unit or a Multi-
Family Unit, the owner of such a Single Family Detached Unit or a Multi-Family Unit may
prepay the Annual Maximum Special Tax in full or in part by makmg a cash payment to C
CUSD Mitigation Agreement No. 94-1
Kaiza Poinsettia Corporation
8AKw&G/AB,lml .a
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No. 3, in which case the Annual hlaximum Special Tax for the Initial Fiscal Year, and eac
Fiscal Year thereafter, shall be reduced according to the following steps:
a. Determine the maximum prepayment if the owner were to prepay the
Annual hlaximum Special Tax in entirety. For building permits issued prior
July 1, 1994, the maximum prepayment for a Single Family Detached Unit i
$6,616 and a Multi-Family Unit is $5,295. For building permits issued on (
subsequent to July 1, 1994, the maximum prepayment shall increase by 3% 1
annum, commencing July 1, 1994, and each July 1 thereafter until July 1, 2(
upon which date the maximum prepayment shall be fixed and shall not
thereafter increase.
b. Determine the Single Family Detached Unit’s or Multi-Family Unit’s
revised Annual Maximum Special Tax by multiplying the Single Family
Detached Unit’s or Multi-Family Unit’s applicable Annual Maximum Specia
Tax for the Initial Fiscal Year determined pursuant to Section C.l. by (one
minus the quotient obtained by dividing the cash payment made by the owne
pursuant to this Section F.1.b. by the maximum prepayment obligation
determined pursuant to Section F. I .a). The Single Family Detached Unit’s
Multi-Family Unit’s revised Annual Maximum Special Tax for the Initial Fi.
Year, and each Fiscal Year thereafter, shall be the Annual Maximum Specia
Tax for the Single Family Detached Unit or Multi-Family Unit for purposes
Sections C. and D. herein.
-. 9
After the time a building permit has been issued for a Single Family Detached Unit or a ?VI
Family Unit, and prior to May 1 for the next succeeding Fiscal Year, the ownek of such
Single Family-Detached Unit or a Multi-Family Unit’s Parcel may prepay the Annual
hiaximum Special Tax in full or in part by making a cash payment to CFD No. 3, in whic
case the Annual Maximum Special Tax for the applicable Fiscal Year, and each Fiscal Ye;
thereafter, shall be reduced according to the following steps:
After the Issuance of a Building Permit
a. Compute the present value of the Annual Maximurn Special Tax at the
weighted average coupon rate of the outstanding Bonds, or 7% if no Bonds have be - issued by CFD No. 3 at the time of this calculation, using a period equal to the lesi
of the remaining term for which Annual Maximum Special Tax may be levied on SI
Developed Property or the remaining term of all outstanding Bonds; then
b. Multiply the amount determined in Section F.2.a; above, by the owner’s de:
prepayment percentage (which shall be a minimum of twenty percent (20%) of thc
present value of the total Annual Maximum Special Tax) to determine the prepaymr
amount subject to additional adjustments as specified below; then
C. Add the following to the result of Section F.2.b.:
CUSD Mitigation Agreement No. 94-1
Kaiza Pomsettia Corporation
BAKWBGIAB~.~~ .m
3410 527/9j--Onn2 c-5
i)
ii)
Call premium as may be required in the Bond Indenture;
Bond interest on the amount determmed in Section F.2.b., above, at
applicable weighted average interest rate on the Bonds issued and
outstanding, if any, to the next available Bond call date or 7% to a
maximum of ten (10) years if no Bonds have been issued by CFD N
at such time;
Unpaid special taxes, interest and penalties, if any, which have been
entered on the Assessor’s tax roll;
and a $75 administrative charge per Single Family Dwelling Unit or
Multi-Family Unit; then
iii)
iv)
d. Subtract the following from the result of Section E.2.c.:
i) Such Developed Property’s pro rata share of the bond reserve fund
allowance, computed at the rate used in establishing the reserve fund
outstanding Bonds, if applicable. Such Developed Property’s pro ra
share of the bond reserve fund shall be determined by multiplying th
rate used in establishing the reserve fund by the quotient obtained b}
dividing such Developed Property’s Annual Maximum Special Tax t
the total Annual Maximurn Special Tax for all Assessor’s Parcels
classified as Developed Property within CFD No. 3 for which such
Section F.2.b. is less than 100%, such Developed Property’s pro rat
share of the reserve fund shall be multiplied by the prepayment
percentage to determine the applicable portion of reserve fund allow,
Bond(s) were issued, In cases where the prepayment percentage in
e.
owner’s cash payment required to be made to CFD No. 3:
Subtract the following from the result of Section F.2.d. to determine the
1
i) The interest earnings expected to be generated from the proceeds in
Section F.2.d. taking into account the disbursement requirements of
proceeds at the reinvestment rate as determined by the CFD No. 3 f
the date of discharge to the next available Bond call date, if applicat
e. The Annual Maximum Special Tax applicable to such Developed Property
utilizing a prepayment percentage less than 100% percent shall be revised in the Fi
Year following the date of prepayment by multiplying such Developed Property’s
Annual Maximum Special Tax by the prepayment percentage actually determined i
Section F.2.b. Such Developed Property’s revised Annual Maximum Special Tax
the Fiscal Year following the date of prepayment, and each Fiscal Year thereafter,
be the Annual Maximum Special Tax for such Developed Property for purposes o
Sections C. and D. herein.
G. Manner of Collection
CUSD Mitigation Agreement No. 94-1
Kaiza Poinsettia Corporation
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c
The Annual hfaximum Special Tax will be collected in the same manner and at the
same time as ordinary ad valorem real property taxes. The Annual h4axirnum Spec Tax shall be subject to the same penalties and the same procedure, sale and lien priority in case of a delinquency as provided for with ad valorem taxes. The collec
of the Annual Maximum Special Tax shall otherwise be subject to the provisions of
Act. The Board reserves the power to provide for alternative means of collection o
special taxes as permitted by the Act.
Termination of Annual hlaxirnurn Special Tax Levy
Provided that Special Taxes previously levied on an Assessor’s Parcel are not
delinquent, the lien of special taxes of CFD No. 3 shall terminate as to such Assess
Parcel at the close of the thirtieth (30) Fiscal Year following the beginning of the 11
Fiscal Year for such Assessor’s Parcel. Furthermore, provided an owner within C
No. 3 fully and completely discharges their special tax obligation pursuant to Sectic
F. 1 and/or F.2, the lien of special taxes of CFD No. 3 shall terminate.
Pursuant to Section 53330.5 of the Act, the Board shall, upon witten request, caw
be recorded in the official records of San Diego County a Notice of Cessation of
Special Tax Lien for each Assessor’s Parcel upon termination of the lien on such
Assessor’s Parcel.
H.
I. Review/Appeal Board
The Board shall establish, as part of the proceedings and administration of CFD No
a special Review/Appeal Board. Any landowner who feels that the amount of the
Annual Maximum Special Tax, as to their Assessor’s Parcel, is in error may file a
notice with the Review/Appeal Board appealing the amount of the levy. ‘ The
Review/Appeal Board shall interpret this Rate and Method of Apportionment of the
Special Tax and make determinations relative to the annual administration of the spf
tax and any landowner appeals, as herein specified.
CUSD Mitigation Agreement No. 94-1
Kaiza Poinsettia Corporation
BAKW&G/AB/~J~~SI OY
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c
4.
EXHIBIT "Dl'
METHODOLOGY OF FAIR SHARE DETERMINATION BY SCHOOL DISTRIC
AS TO FUTURE LOCAL BONDED INDEBTEDNESS
. . . . . . .
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CUSD Mitigation Agreement No. 94-1
Kaiza Poinsettia Corporation
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STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
) ss.
On , before me, personally
appeared (here insert name and title of the officer) personally
known to be (or proved to me on the basis of satisfactory evidence) to be the person)s) LO
to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signatures(s) on the instrument the person(s), or the entity upmof which the person(s) acte
executed the instrument.
WITNESS my hand and official seal.
Signature
Notary Public
4
CUSD Mitigation Agreement No. 94-1
Kaka Poinsettia Corporation
BAKWBGIAB~~~I m
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&
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
) ss.
On , before me, personally
appeared (here insert name and title of the officer) personally
known to be (or proved to me on the basis of satisfactory evidence) to be the person)s) knc
to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) idare subscribed to the within instrument and acknowledged to me that helshelthe]
executed the Same in hislherltheir authorized capacity(ies), and that by hidherltheir
signatures($ on the instrument the person(s), or the entity upon of which the person(s) act€
executed the instrument.
WlTNESS my hand and official seal.
Signature Notary Public
1
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CUSD Mitigation Agreement No. 94-1
Kaiza Pomsettia Corporation
BAKWAGIAW~~TMI m
301210 . J.27l9.l - Pdlnd Dnn 2
Fteso;s,-3r, ;,5. ?I
RESOLUTIOX OF THE BOARD OF TRVSTEES
OF THE C.ARLSBAD UNIFIED SCHOOL DISTRICT
ADOPTING SCHOOL FACILITIES FINANCING
PLAN FOR MANAGEMENT ZONES 9 AND 20 OF LOCAL
FACILITIES MANAGEMENT PLASS OF THE CITY- OF
CARLSBAD
WHEREAS, the City of Carlsbad ("City") has adopLsd a Public Facilities elenenr
("Public Facilities Element") and other provisions of its _ger,:ral plan ("General Plan"!
tozether with Ordinance No. 9808 establishing a Growth Slanasement Program ("GLIP" I
City urhich prohibits any further approval of development unless K-12 School Facilities a
assured by the Carlsbad Unified School District ('ICUSD") to be available as any such
development occurs; and
\\:HEREAS, the representatives of various developers and owners of property in
Management Zones 9 and 20 of Local Facilities Management Plans of the Cin. have
requested or may request that CUSD furnish such assurances to the City as required ty t:
GMP and the General Plan. including but not by way of limitation. its Public Facilitis
Element; and
WHEREAS, Zones 9 and 20 are comprised or will be comprised of one or more
separately owned parcels of land. nith each owner having individual and varying
development goals and horizons: and
WHEREAS, the pending Zone 9 and Zone 20 Specific Plans will provide a
framework for future development and a condition of any approval thereof shall be
compliance with the Zone 9 and Zone 20 Local Facilities hlanasement Plans as herein
specified and the City's General Plan, Public Facilities Elerent and GMP regarding all
public facilities, including K-12 School Facilities of CUSD.
NOW, THEREFORE. BE IT RESOLVED, DETERITIKED AND ORDERED X
FOLLOWS:
Section 1. That the Specific Plans for Zones 9 and 20. Local Facilities Plan
Amendments and Environmental Impact Reports or other eni.ironmenta1 proceedings ma!
approved by the City provided such Local Facilities Plans as amended and approval therc
include the condition that no request for any further approLra1 by the City for additional
development shall be filed or deemed complete if otherwise filed unless CUSD has funis
City with a mutually acceptable mitigation agreement that has been executed by all oiix
to which such application applies. [hat such an agreement hss been recorded and any
outstanding financial encumbrances have been subordinated ~?f record to such agreem:nL.
-1-
BAK\i'&G.'AB 'fb'6640.02
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Section 2. That if all owners of a proposed ticvelopment within Zone 9 and Zone
h3L.e not executed and implemented a mutually acceptable mitigation agreement as specifi
above. no request for any further approval by the City for additional development shall bc
filed or deemed complete if otherwise filed unless a community facilities district consister
uith attached Exhibit PI. has been formed, voter approved. judicially validated and all
applicable statutes of limitations expired and a subsequent legislative validation has becon
effective .
Section 3. That as a condition hereof and any approval by City, any property in l
9 or Zone 20 for which a tentative tract map was filed with the City prior to November 5
1993. no final maps shall be filed with City unless a mutually acceptable mitigation
azreement has been executed with CUSD or the property has been included within a
community facilities district consistent with the provisions of the attached Exhibit A.
-
Section 4. That the Superintendent is authorized to furnish a certified copy of thi!
Resolution to City and is authorized to execute mitigation agreements with owners of all
procerty in Zone 9 and Zone 20 of City in substantially the form attached as E‘xhibit B.
ADOPTED, SIGNED AND APPROVED this 5thday of November. 1993. -
CXRLSBAD UNIFIED SCHOOL DISTRICT
By ‘A\$& \ DL&-*%
Pre identlvice President
I
By . sA4’ &Jjk I
‘I Clerk
APPROVED AS TO FOR??:
BOWIE, ARNESON, KADI.
Legal Counsel - CUSD
b
WILES & GIANNONE
By
-2-
BXK’A’&G;XB:fb/6M0:0’
.
STATE OF CALIFORNIA )
1
COCSTY OF SAN DIEGO )
I, J. Edward Swi tzer, Jr. . Clerk of the Board of Trustees of th
Carisbad Unified School District, do hereby certify that the foregoing Resolution KO 20.
\vas duly adopted by the Board of Trustees of the Carlsbad Unified School District at a
meeting thereof held on the 5tnday of November , 1993. and that it was adopted b> the
fo 11 owing vote :
AYES: Trustees Packard, Mead, McCorrnick, and Switzer.
NOES: Rone.
ABSTAIN: hone.
ABSENT: Trustee Faithful .
Dated. Novenber 5, 1993
By 152 /,-&!n-
LJ b &k of the Board‘of rustees of the
arlsbad Unified Scho 1 istrict
- -3- -
!34i;\!dG AB’fb 6M 02
STATE OF C.-ILIFORSIA j
COUKTY OF SAN DIEGO 1
1
I. J. Eaward Switzer, Jr. . Clerk of the Board of Trustees of thl
Carlsbad Unified School Distrrct, do hereby certifj that the foregoing is a true and correc
copy of Resolution No. 20-9394, which was duly adopted by the Board of Trustees of thl
Carlsbad Unified School District at a meeting thereof held on the 5tbay of Novembe r .I and that the same has not been repealed. amended or rescinded. -
Dated: Novemoer 5, 1993
By g-<a)',?r
hrk of the Board o T stees of the
Carlsbad Unified Sch 01 istrict
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Appendix C - Property Owner List
Reference Map
July 6, I994 Zone 9 lTmnce
-
Finance
Area*
Area A
Area B
Area B
Area B
Area B
Area B
Area B
Area B
Area B
Area B
Property Ownership** APN
Lakeshore Gardens Property 214-171-27
10780 Santa Monica Boulevard 2 14- 171 -28
Los Angeles,CA. 90025
Poinsettia Associates 2 14-430- 14
P.O. Box 6652 2 14-430-22
San Diego, CA 92166 214-430-23
214-430-24
Poinsettia Associates 214-430-18
1018 Rosecrans St. 214-430-21
San Diego, CA 92106
Warren Nichols 214-430- 13
1506 S. Coast Highway
Laguna Beach, CA. 92651
9275 SW Peyton Lane
Wilsonville, OR. 97070
7 1 10 Avenida Encinas
Carlsbad, CA. 92009
1 100 W. Artesia Blvd.
Compton, CA. 90220
Calvary Chapel North Coast
7 188 Avenida Encinas
Carlsbad, CA. 92009
437 S. Highway 101, #404
Solana Beach, CA. 92075
6272 Silverwood Drive
Huntington Beach, CA. 92647
Pay Less Drug Stores Northwest 214-430-15
Pactel Cellular 2 14-430- 16
Ralphs Grocery Company 2 14-430-17
2 14-430- 19
Poinsettia Village LP 2 14-430-20
Bruce Family Trust 214-430-25
.I
Area B Moorsteen, Kay 214-430-26
P.O. Box 783
San Diego, CA. 92112
Developed Rosalena Owners Association Inc. 2 16-420-0 1
Area C.l 285 Windrose Circle
Developed 77 Single Family Lots 216-012-02 through 216-042-78
Area C. 1
Carlsbad, CA. 92009
- Individually Owned
Lots 1-8 Kaiza Poinsettia Corporation 2 16- 140-25
7220 Avenida Encinas, Ste. #200 2 16- 130-27
Carlsbad, CA. 92009 2 16-140-31
2 16- 140-32
2 16- 140-33
2 16-140-35
2 16- 140-36
216-420-82
Lot 9 Seabluff Associates 2 16- 140-30 276 N. El Camino Real
Oceanside, CA 92054
2650 Camino Del RIO N., #lo0
San Diego, CA 92108
West of Batiquitos Pointe 2 16- 140- 19
Railroad
West of Kaka Poinsettia Corporation 2 16- 140- 17 Railroad 7220 Avenida Encinas, Ste. #200 2 16- 140-1 8 Carlsbad, CA. 92009
Sammis, 947 N. La Cienega Blvd.,
Suite H, Los Angeles, CA 90069
2650 Camino Del Rio N. #lo0
San Diego, CA. 92108
Area D John M. Lamb and Constance 2 16- 140-1 6
Area D Batiquitos Bluff 216-140-34
/
Area D
Area E
AT&SF RR
Right-of-way
State of California 216-030-66
2 16-042-07
216-140-08
2 16- 140-22
2 16- 140-23
2 16-04 1-23
2 16-04 1-25
North San Diego County Transit 2 16-042-09
Development, BOA 216442-10
2 1 6- 140-02
State of California