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HomeMy WebLinkAboutCT 80-09; Woodward, Don; 81-155169; Public Facilities Fee Agreement/ReleaseAfter Recordation)Re~ TO: \ - . City Clerk - d . . '. . '1200 Elm Ave. , . Carlsbad, CA 92008 lPy-J I!-. AGX3P3'JT EETWEEN OWNER, DEVELO!?EX ,IND TJiE CITY C?P C.G.RLSWJl FO:2 ?'i!E PAYL~IZNT OF A PUl3T,IC 3'ACIL:lTIES FEE: -.---,.l_l-..l-- --e--e- -_-..- . YIflS A.GREEKENT is erltered into this 16 day of-Ap\*i 1 ---- ', ,-1-- . 19 $0, by and FJetween DON E. WOODWARD, DBA THE WOODWARD COMPANIES . . A--w--. ~...“-.“--~II^--~UTi--------.“.~.-~ ---C.-e (Name of Developer) Y ---w ---- , IfiDIVIDUAL a . t ----."- {CGF&ration, $ar-tner=;hip, etc.jw~-- -.-- . 1 .fle~~ij~af,kcr re‘ferred to as "'Developer" whose address .is 5100 Campus.Drive w-e .-___---- .--~----' (St.reec) . .- Newpo'rt Beach, CA 92660 '-7----*-"-.-deme- .- (chty, state, zip code) . .--‘ . Zilld -- . . . . -'. -. La Costa Land Co. t ---___I. -- --.---- (Name of Legal Gwklcr) . - Y-I-- (Corpor;-z~~. ) _I- hereinafter referred to as "Owner" whose address is t -.eII -_ ---- Costa D&l Mar Road -- -.-p---d-----I_ '(Street) t ,Carlsbad, CA 92008 (Ci+,y, staiie, zip code) - ----- t. the CITY W CARLSBADt a municipal corporaSon of the State of Cakifornia, hereinafter refcrrerj to as "City", whose address is I.200 Elm Avenue, .- + Carl.sbad, California, 92008. .* . . e RECI-TALS -_- - WHEP~tAS t Owner is the Owner of the real propert.y described on Exhibit "A", attached to and made a part of this agreement, and . s hereinafter refer-red to as "Property"; and. ,t . . . .’ _ ;, .* , ‘) .-. I . * 1751 3*. :’ . . , * . < * ‘vJ;]Eg&i,s , the Property lies within the boundaries of City; and ' WHEREAS, Developer has contracted with Owner to purchase the Property and proposes a development pro,ject as follows: 120 single attached units, 96 detached units and 84 condo units 0n.sai.d Property., which development tiarries the proposed name of Hidden Meadows and is , hereinafter referred to as "Development"; and ~~~~~~,.Developer filed o'n the 96 day of AQR\L t 1980, with the City a request for Tentative Map c-7$0-q ) -I__- _ - : (hereinafter referred to as "Request"; and . WHEREAS, the Public Facilities Elemen't of the City General Plan . 'requires that the City Council find that all public facilities . necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on . file with the City Clerk and incorporated by tb;is reference);..and . WHEREAS, Developer, Owner and City recognize the correctness of Council Policy 30. 17, attached to and made a part of this . agreement, and that the City's public facilities and services are at capacity and will not be available-to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS , Developer and Owner have asked the City to find that . public faciliticg and services will be available to meet the future . needs of the Development as it is presently proposed; but the 2: . . . . . m.” 9 . . ‘. * /- b C . , ( D&.eI.oj>er and Owner are aware that the able to ma?<e any such for such services and Owner propose to help Council Policy No. 17 findings wit'hout financial assistance'to pay facilities; and, therefore, Developer and I.752 _ - . City cannct and will not be satisfy the General Plan as implemented by by payment of a public facilities fee. NOW, THEREPORE, in consideration of the recitals and the v covenants contained herein, the parties agree as follows: 1. The Developer and Owneti shall pay to the City a public facilities fee in an amount not to exceed 2% of the building permit valuation of the buildings or structures to be constructed in the Development pursuant to the Request. 'The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18; 20 or 21 of the Carlsbad Munlcipai -; . Code. A credit toward s.trch fee Shall be given for land which has been dedicated for park purposes or for any fees paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad 'Municipal Code. Developer and Owner shall pay a.fee for conversion of existing buildings or structures into condbminiums+in an amount not to . .exceed 2% of the building permit valuation at the time of conversion. . . The fee'for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative.. The terms "other construction permits", "other construction permit" and entitlement for use" as . I- VT” ” . . . _, _ . . . . . . ._. . ._., -. .%I ,,. ,., . ,.-..- -..,. .---. ,_ _ _ me -’ * ,_ . ‘* i l . ’ 1753 - * . . used j.n %his aqleement, except in reference to mobilehome sites or projec-ks, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit,is necessary prior to the use or occupancy for which the development is intended. Develoher and Gwner shall pay to , City a public fac.ilities fee in the sum of $1,150 for each mobile- home space to be constructed purs,uant to the Request. The fee shall be paid prior to the issuance of building or other construction . permits for the development. This fee shall be in addition t--o any feesI dedications or improvements required according to Titles 18, - " 20 or 21 of the Carlsbad Hunicipal Code. A credit toward such fee shall be given for land which has been. dedicated for park purposes or for any fees paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad I{-zicipal Code. 2, The Developer and Owner may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph I above. If Developer and . Gwner offer to donate a site orsites for public facilities, the City shall consider, but is not obligated to accept the offer. The . .time for donation and amount of credit against the fee shall be ,'determined by City prior to the issuance 'of any building or other permits. Such determination, when made, shall become a part of . this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the \ Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the * - 3 -4--&o 4. City's Gei>cral Plan. If the fee is not paid as provided herein, the City will not have the funds to prov.ide public facilities and services, and the Development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. ' 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City ColJncil determines the need exists to provide the facilities and sufficient funds from the'payment of this and similar public 5. City facilities .fees are available. agrees to provide upon request reasonable assurances : to:,enable Developer and Gwner to comply wjth any requirements of other public agencies as evidence of adequate public‘facilities and services sufficient to zcr~ ommodate the needs of the Development herein described. 6. All obligations hereunder shall terminate in the event the Requests made by Developer and Owner are not approved. 7. Any notice from one party to the other shall be in . writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any-purpose whatsoever I unless served in one of the following manners: 7.1 If notice is given to the City by personal delivery thereof to the City or by depositing same in the United States Mail., addressed to the City at the address set forth herein, *. . , \-. ,* -. ! . . \ . . . . . . encloied in a sealed envelope, addressed to the City for attention of'the City Manager, postage prepaid and certified, . * 1755 - 7.2 If notice is given to.Developer by . thereof to Developer or by depositing the same in . . Mail, enclosed . ' address as may 7.3 in a sealed envelope, have been designated, If notice is given to addressed to postage prepaid and certified. . . Owner by personal delivery personal delivery the United States Developer at the thereof to Owner or by depositing same in the United States Mail, enclosed in a sealed envelope addressed to Owner at the address set forth herein or at such other address as may have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and .Y assigns of Developer, Owner and the City, and references to Developer, Owner or City herein shall be deemed to be reference to and include their respective successors and assigns without specific mention of 'such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, howeverF that any successor of Developer's interest in the Property shall have first assumed in writing the Developer's obligations hereunder. . . At such time as Owner ceases tb have any'interest in the Property, all obligations of Owner hereunder shall terminate; - provided, however, that if any successor to 'the Owner's interest in the Property is a stranger to this agreement, such successor has -* first assumed the obligations of Owner in.wri.ting in a form * 6. . .a -41 .-, -- *L- + *. , . . 1756. -- ’ acceptable to City. . . . '9. This agreement shall be recorded but shall not create a lien or security interest on the .property. When the obligations of this agreement have been satisfied,. City shall record a release. IN WITNESS WHEREOF, this agreement is executed in-San Diego County, California as of the date first written above. _ , . OWNER: ‘...) ,.,,,.,, , # I . . t c l w . '-'\:senior.Vice President I- .e.'.-‘a,.- \' 1 ‘.; .'! 'ATTEST: ALETEIA L. RAUTENKRANZ, City Clerk DON. E. WOODWARD, dba The Woodward Cos. BY Title BY Owner-Individual Title CITY OF CAKLSDAD, a municipal corporation of the State of California BY City Manager (Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached.) . * . . . _ c l STATE OF CALIFORNIA ORANGE > ss. 2 COUNTY OF E. E On April 8. 1980 0 1757 , before me, the undersigned, a Notary Public in and for c7r al 5 said State, persona)Iy appearedDOn&WOOdward c- - -. L Liz S known lo me to be the parson- whose name--&i--- 4 5 g subscribed to the within instrument and acknowledged to me 7 that he executed the same. s WITNESS my hand and official seal. 2 . c 2 Signature Deborah Rodriguez Name (Typed or printed) TO 1945 CA te.74, (Carporation) ORANGE COUNTY (This araa for off4 notarial raal) STATE OF CALIFORNIA AllCOR COMPANY ss. COUNTY OF SAN DIEGO On April 11, 1980 before me, the undersigned, a Notary Public in and for said State, personally appeared BURTON L. KRAMER known to me to be the Senior Vice , President. and known to me to be Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. cru*-- OFFICIAL SEAL MILDRED 1. HO1 hfi AN NOTARY PUBLIC - CALlFORNlA SAN DIEGO COUNTY My Eomm. expires AUG 13, 1982 Signatur * . (This area for official notarial seal) FORM A60 DAWCO PRESS , RICK ,IGIN~ERING co 1 3088 PI0 PICO DR. l SUITE 202 l CARLSBAD, CA 92008 TELEPHONE l AREA CODE 714 l 729-4987 108 NO. LEGAL DESCRIPTION FOR: BY DATE SHEET CK 7793-E PORTION PARCEL 4 CHK’D. 1-26-81 1 0~ 1 A parcel of land being a portion of Parcel 4 of Parcel Map No. 10179, on file in the Office of the County Recorder of San Diego County, State of California, described as follows: BEGINFING at the most Northerly corner of said Parcel 4; thence along the boundary of said parcel South 17°50'30" East, 272.10 feet to the beginning of a tangent curve concave Easterly and having a radius of 3200.00 feet; thence continuing Southerly along said boundary and said curve through a central angle of 03°49'OO" an arc distance of 213.16 feet; thence continuing along said boundary South 70°00'OO" West, 1072.22 feet; thence leaving said boundary North 28°00'OO" West, 47.00 feet; thence North 86°30'OO" West, 178.00 feet; thence North 29"30'00" West, 315.33 feet; thence North ll"50'30" West, 190.80 feet to a point on the Northerly boundary of said Parcel 4; thence alons said boundary Korth 78OO9'30" East, 1050.00 feet to the beginning of a tangent curve concave Northerly and having a radius of 2000.00 feet; thence continuing Easterly along said boundary. and said curve through a central angle of 06°00'OO", an arc distance of 209.44 feet; thence continuing along said boundary North 72"09'30" East, 377.00 feet to the POINT OF BEGINNING. This description does not necessarily constitute or describe a legal building site. Interested parties should consult their attorney or Title Company as to the status of this parcel of land. l . COUPANY e DCSCRiCTiON TITLE CO. REYISIOYS REFERENCE ORDER NO. DATE NY DATE r-a..C- . I 1. , - I- Page 1 of 4 . . . C'1.TY OF CARLSBAD COUNCIL POLICY STATEMENT I::::“:,:::, ;.I?,,, - General Subject: . Requirements Necessary to satisfy the Public Effective Date 8-29-79 Specific Subject: Facilities Element of the General Plan Cancellation Date Supersedes No.17 issued -- -- g-6-78 Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, 2'ile BACKGROUND: . . . i The Public Facilities Element of the General Plan requires that before giving approval to zoning, rezoning, development or rcdevel~opment proposals, the public health and safety and the general welfare of the community and all its citizens require that the proponent of any such actions shall present evidence satisfactory to the City Ccuncil that all necessary services and facilities will be available . concurrent with need. For those services and facilities provided by another entity, the Council has and will continue to be guided by a letter of availability from such entity. For those services provided by the City, the Council has previously,relied on a report of availability from the City Staff. On July 3, 1979 the City Manager reported that in the future such services and facilities could not be made available to new development from the City'+ resources. PURPOSE: 1. To establish a policy regarding the requirements which must be met before the City Council will find that the Public Facilities .Ele,ment has been satisfied. 2. To establish a policy that will allow development to proceed in an orderly manner while insuring th.at the requirements of the Public Facilities Element will be satisfied by establishing a fee to fund the cost of City-provided facilities, including but not'limited to: Parks, major streets, traffic signals, storm drains, bridges and public buildings such as fire stations, police facilities, maintenance yards, libraries and general offices which will- insure they will be available concurrent with need. POLICY: ‘1. In determining whether or not service provided by another entity will be available concurrent with need in connection with a development, the Council, in the absence of evidence to the contrary, shall be guided by a letter of availability from that entity, provided, however, developments which are required to dedicate-land or pay fees for school facilities pursuant to Chapter 21.55 of the Carlsbad Flunicipal Code, shall be deemed to have satisfied the Public Facilities Element in regard to schools for that development without the necessity for an availability letter.- _. -- . - _. ._._ -e G7xr- - .I- . ,', C. ,Y OF CAR&BAD I-. Page 2 of 4 . Policy No. 17 COUNCIL POLICY STATEPSENT Date Issued 8-29-79 General Subject: Requirements Necessary to satisfy the Public Effective Date 8-29-79 Specific Subject: Facilities Element of the General Plan Cancellation Date Supersedes No-l7 issued -- .9-6-78 Copies to: City Council, City Manager, City Attorney, Desartment and Division Heads, Employee Bulletin Boards, Press, File 2. The City Council finds that the'report-entitled, "A Public Facilities Fee for the City of Carlsbad", dated July 3, 1979, accurately reflects the City's need for and lack of ability to provide public facilities and services to new development and it is hereby approved. The Council also finds that the continued development of the City, with the consequent increase in population and in the use of public facilities, will impose increased requirements for such facilities, including but not limited to parks, major streets, traffic signals, storm drains, bridges and public buildings, such as fire stations .police facilities, maintenance facilities, libraries and general offices. The necessity for such facilities results directly from new construction and the need cannot be met from ordinary Gity revenues. The most practical and equitable method of paying for such facilities is to,impose a fee upon new'development in the City. Payment of such a fee will enable the City to fund a construction program to provide public facilities. If a.development agrees to pay the public facilities fee established by this policy, the Council will be able to find that all 'necessary public facilities and services will be available concurrent with.need and that the requirements of the Public Facilities Element , have been met. If that finding,cannot be made, the City Council will be required to disapprove the deveiopment. ' 3. Prior to approval of any zoning, rezoning, development or redevelopment proposal, the applicant shall pay or agree to pay a public facilities fee in the amount of 2% of the building permit valuation of the buildings or structures or $l,.lSO'for each mobilehome ,space'to be constructed pursuant to such approval. The fee shall be paid prior to issuance of building or other permits and shall be based on the valuation at that time. 4. * A credit toward the fee impose-d by this policy shall be given 'for land which has been dedicated for park purposes or for any fees paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad Municipal -. Code. 5. All proceeds from the fee collected pursuant to this'policy sh,all be paid into a special capital ,outlay fund of the City entitled, "Public Facilities Fund". The fund shall be used only for the purpose of acquiring, building, improving, expanding and equipping public property, and public imp.rovcments and facilities including but not limited to the following types of capital projects: Public buildings (such as fire stations, police facilities, maintenance and yard facilities, libraries and general city offices) parks, major streets, ‘. . .I ,. --- I’d6l I- Page 3 of 4 I - C-/Y OF CARLSBAD‘ I COUNCIL POLICY STATEMENT General Subject: Requirements Necessary Specific Subject: to satisfy the Public Facilities Element of the General Plan Supersedes No.17 issued 9-6-78 t>olicy No.17 Ddte Issued 8-29-79 Effective Date 8-29-79 Cancellation Date Copies to: City Council, City Manager, City Attorney, Dehartment and Division Heads, Employee Bulletin Boards, Press, File traffic signals, storm drains, bridges and other-similar projects as 'the Council may deem necessary and appropriate. Designation of expenditures of funds available from the fund shall be made by the City Council in the context of approval of the City's annual operating and capital improvements budget or at such other time as the Council may direct. 6. The following exceptions from payment of the fee shall apply: _ (4 The construction of a building or structure or mobilehome .space which is a replacement for a building or space being removed from the same lot or parcel of land. The exception shall equal but not exceed the fee which would be payable hereunder if the building being replaced were'.being newly constructed. If the fee imposed on the new building e?ceeds the amount of this exception, such excess shall be paid, . . (b) Accessory buildings or structures in mobilehome parks, 'such as a club house, swimming pool, or laundry facilities. (c) Buildings or structures which are clearly accessory * to an existing use such as fences, pools, patios and automobile garages. : (d) The City Council may grant an exception for a low cost housing project where the City Council finds such project consistent with the Housing Element of the General Plan and that such exception is necessary. In approving an exception for low cost housing the .'City Council may attach conditions, including limitations on rent .or income levels of tenants. If the City Council finds a project is not being operated as a low cost housing project in accordance with 'all applicable conditions, the fee, which wo;uld otherwise be imposed by this chapter, shall immediately become due and payable. 7. There is excluded from the fee imposed by this policy: -. (a) Any person when.imposition of such fee upon that person would be in violation of the Constitution and laws of the United States or the State of California. (b) The construction of any building by a nonprofit corporation exclusively for religious, educational, hospital or charitable purposes. - . - c.rY OF CARLSBAD Page 4 of 4 1 Policy No. 17 COUNCIL POLICY STATWENT I Date Issued 8-29-79 General Subject: . Requirements Necessary to satisfy the Public Effective Date 8:29-79 Specific Subject: Facilities Element of the General Plan Cancellation Date 1 Supersedes NO. 17 jssk 9-6-78 - City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File (c) The construction of any building by the City of Carlsbad, the Unit&d States or any department or agency thereof or by the State of California or any department, agency or political subdivision thereof. 8. The City Manager shall be responsible for the administration and enforcement of this policy. His decisions may be appealed to the City Council whose decision shall be final. 81~155169 ' . ~@WA~E NO. 1 .