HomeMy WebLinkAboutMS 422; LAKE CALAVERA HILLS ASSOC; 80-164050; Public Facilities Fee Agreement/Release•After,3§c°r,ding Return To: *
City'Clerk **
. City -oV Carlsbad
T200 Elm Ave.
Carlsbad, CA 92008
p
THIS AGREEMENT is entered into this
, by and between
(name of developer-owner)
a CALIF. . jL/MlT-fcct .hereinafter referred to as.(Corporation, partnership, etc.)
"Developer", whose address is
(street)
f and THE CITY OF
(City., stota, zip code)
CARLSBAD, a municipal corporation of the State of California,
* *
hereinafter referred to as "City-", whose address is 1200 Elm
Avenue, Carlsbad, California,, 92008.
1 .- WITNESSETH:
'WHEREAS, Developer is the owner of the real property described
on Exhibit "A", attached hereto and made a part of this agreement,
hereinafter referred to as "Property"; and
.WHEREAS, the Property lies within the boundaries of City;
and .
WHEREAS, Developer proposes to construct
* " »
A Cev^ipic/i4e Op CpKApiictvic*
AS A//A/Q/2. SUGG/1/iS/O+J /Vfi .
on said Property, which development carries the proposed name
of - -* _. •-.
and is hereafter referred to as "Development"; and
r-7JJ£lWHEREAS, Developer filed on the L day of
**-* • •19 BO , with the City a request for /$•£>& /*Jt£ /">? *T/<S£
(hereinafter referred to as "Request"; and
•
WHEREAS, the Public Facilities Element of the City General
Plan requires that the City Council find that all public
x 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 is incorporated
by this reference; and
YJHEREAS, Developer and City . recognize the correctness of
Council Policy No. 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 has asked the City to find that public
facilities and services will be available to meet the future
needs of the Development as it is presently proposed; but the
Developer is aware that the City cannot and will not be able to
make any such finding without, financial assistance to pay for
such services and facilities; and, therefore, Developer proposes
2.
to help satisfy the General Plan as implemented by^Council Policy
No. 17 by payment of a public facilities fee.
NOW, THEREFORE, in consideration of the recitals and the covenants
contained herein, the parties agree as follows:
1. The Developer shall pay 'to the City a public facilities
fee not to exceed 2% of the building permit valuation of the build-
ings or structures to be constructed in the Development pursuant to
the Request. The fee shall be paid prior to the issuance of build-
ing 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 Municipal 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 Municipal Code. Developer shall pay a fee
for conversion of existing buildings or structures into condominiums
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. Condo-
minium shall include community apartment or stock cooperative.
The terms, "Other construction permits", "Other construction permit",
and "entitlement for use", as used in this agreement shall not
refer to land improvement permits such as grading permits or con-
struction of underground or street improvements.
2. The Developer 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 1 above. If Developer offers to donate a
site or sites for public facilities, the City shall consider, but
3.
230
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
City's-General Plan. If the fee is not paid'as provided herein,
the. City will not have the funds to provide 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 Council determines the need exists to
*
provide the facilities and sufficient funds from the payment of
this and similar public facilities fees are available.
5. City agrees to provide -upon request reasonable assurances
to enable Developer to comply with any requirements of other
public agencies as evidence of adequate public facilities and
services sufficient to accommodate the needs of the Development
herein described. . •
4'.
231
6. All obligations hereunder shall terminate in the
event the Requests made by Developer 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 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-, enclosed in a sealed envelope, addressed to the City for
attention of the City Manager, postage prepaid and certified.
7.2 If notice is given to Developer by personal
delivery thereof to Developer or by depositing the same in the
United States Mail, enclosed in a sealed envelope,, addressed
to Developer at the address as may have been designated, postage
prepaid and certified.e> '8. This agreement shall be finding upon and shall inure
to the benefit of, and shall apply to, the respective successors
and assigns of Developer and the City, and references to
Developer cr the City herein shall be deemed to be reference to
and incluis their respective successors and assigns without
specific mention cf such successors and assigns. If Developer
should cease to have any interest in the Property, all obligations
of Developer hereuncer shall terminate; provided, however, that
any successor of Developer's interest in the Property shall have
5.
232
first assumed in writing the Developer's obligation hereunder.
9. This agreement shall be recorded; however it shall not
create a lien or security on the Property.
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:CITY OF CARLSBAD, a municipal
corporation of the State of
California
By
City Manager
(Title)
L. RAUTENKRANZ
S. Hents^Ke, Assistant
, JR., City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be
attached.)
STATE OF CALIFORNIA "| P V 3
>- COUNTY OF San Diego /"'
|- nn February 25, 1980 , before me, the undersigned, a Notary Public in and for
*!* said State, personally appeared KQy J .
'a that executed the within instrument and acknowledged to me th^'N^'^'^H^IuiNNINl^llilHIIlllllillHIIllllllllUNIIIIIIlMllllllllllllllWllllimiMiiNlltiiililllllirilil'
"""*' OFFICIAL SEAL
known to me to h° 0116 OT tho partners of the partnership
scuted the within instrument and acknowledged to me thS1"
jj such partnership executed the same. 1 ffff j-^X"K OAROI A DOPPS ^
I W^p/ PRINCIPAL OFFICE ?N I
| Xj-gX SAN DIE'GO COUNTY |
I My Commission Expires August 19, 1983 i
t WITNESS my Hand and official sea,. | ™iSSSm
E
o Signature .
Carol A. Dodds
Name (Typed or Printed) (This area for official notarial seal)
/ •• ^ 234
Page 1 of 2
EXHIBIT "A"
Those portions of Lots "D", "E" and "j" of Rancho Agua Hedionda in the
City of Carlsbad, County of San Diego, State of California, according to
Map thereof No. 823, filed in the Office of the County Recorder of San
Diego County, November 16, 1896, being more particularly described as
Parcel 1-A, Parcel 1-B and Parcel 2, as follows:
PARCEL 1-A:
Commencing at the Southeast corner of said Lot "J"; thence along the
Southerly prolongation of the Easterly line of said Lot "J", South
01°42'41" West, 1094.02 feet to the Southeasterly corner of land described
in deed to LAKE CALAVERAS HILLS ASSOCIATES, recorded April 7, 1977 as
File No. 77-128086; thence along the boundary of said land as follows:
North 89°25'10" West, 1769.82 feet; and North 00°34'50" East, 809.80
feet; thence leaving said boundary, continuing North 00°34'50" East,
1049.00 feet to the TRUE POINT OF BEGINNING; thence North 59°09'50"
East, 587.00 feet; thence North 43°29'50" East, 339.00 feet; thence
South 85°48'56" East 71.78 feet to a point on the arc of a 1000.00 foot
radius curve, concave Northwesterly; a radial line of said curve bears
South 75°17'40" East to said point; thence Northeasterly along the arc
of said curve through a central angle of 33°19'32" a distance of 581.64
feet; thence tangent to said curve North 18°37'12" West, 273.62 feet; ""
thence continuing North 18°37'12" West, 310.00 feet; thence North 31037'23M
West 372.70 feet; thence North 01°04'50" East, 105.00 feet; thence North
79°14'50" East, 650.00 feet; thence South 87°15'10" East, 740.00 feet;
thence South 71°31'39" East, 651.98 feet; thence North 29°40'59" East,
420.00 feet; thence North 59°02'50" West, 373.81 feet; thence North
80°35'00" West, 1240.00 feet; thence North 21°05'00" West, 444.98 feet
to the beginning of a tangent 50.00 foot radius curve, concave Southeasterly;
thence clockwise along the arc of said curve through a central angle of
129°05'00" a distance of 112.65 feet; thence tangent to said curve South
72°00'00" East, 88.57 feet to the beginning of a tangent 50.00 foot
radius curve, concave Northerly; whence counter clockwise along the arc
of said curve through a central angle of 72°07'09" a distance of 62.94
feet to the beginning of a reverse 2000.00 foot radius curve; thence
Northeasterly along the arc of said curve through a central angle of
15°36'44" a distance of 544.97 feet to the Easterly line of said Lot
"J", being also the Southeasterly corner of land described in Parcel 1
in deed to DON N. BOWKER as Trustee of the ANN B. LEWIS TRUST under
Trust Agret;~,;r.t dated .Jur.e 1, 1970, said deed being recorded September
8, 1976 as File No. 7f?-2S^346, and being also a point herein designated
as Point "Z'°; thence along the Southeasterly line of said land South
70°04'37" West (deed * South 67°00'00" West) 2666.57 feet; thence leaving
said Southeasterly lir.e South 28°37'41" East, 543.34 feet; thence South
02°54'50" Wes- 350,00 feet: thsnce South 17°25'10" East, 430.00 feet;
S-579973
E-21367
235
Page 2 of 2
thence South 24°25'10" East, 490.00 feet; thence South 10°32'10" West,
257.93 feet; thence South 24°25'10" East 430.00 feet; thence South
48°05'12" East, 200.00 feet; thence South 24°25'10" East, 300.00 feet to
the TRUE POINT OF BEGINNING.
PARCEL 1-B: .
Beginning at said Point "X" being also a point on the Westerly line of
said Lot "D"; thence North 59°51'59" East 804.25 feet; thence North
13°27'33" West 360.00 feet to the Northerly line of land described in
Parcel 1 in deed to DON N. BOWKER as Trustee of the MARTHA KILLEFER
TRUST under Trust Agreement dated February 27, 1962, said deed being
recorded September 8, 1976 as File No. 76-294347; thence along said
Northerly line South 89019'04" West (deed = South 89°19'35" West) 790.00
feet to the Westerly line of said Lot "D"; thence along said Westerly
line South 13°27'30" East, 765.48 feet to the Point of Beginning.
PARCEL 2:
Commencing at the Southeast corner of said Lot "J"; thence along the
Southerly prolongation of the Easterly line of said Lot "J"; South
01°42'41" West, 484.02 feet to an angle point in the Northeasterly
boundary of land described in deed to LAKE CALAVERAS HILLS ASSOCIATES, ;.
recorded April 7, 1977 as File No. 77-128086; thence along said Northeasterly
boundary North 23°15'45" West, 720.30 feet to the TRUE POINT OF BEGINNING;
thence continuing along said Northeasterly boundary as follows: North
23°15'45" West, 85.00 feet to an angle point therein; and North 34°33'00"
West, 692.00 feet to a point on the arc of a non-tangent 680.00 foot
radius curve, concave Northwesterly, a radial line of said curve bears
South 17°20'00" East to said point; thence leaving said Northeasterly
boundary Northeasterly along the arc of said curve through a central
angle of 92°09'20" a distance of 1093.72 feet; thence leaving said
curve, non-tangent North 07°27'42" East, 19.63 feet; thence North 69°28'42"
East, 751.12 feet to a point on•the arc of a non-tangent 1000.00 foot
radius curve, concave Southeasterly, a radial line 6f said curve bears
South 71°30'07" West to said point; thence Southerly along the arc of
said curve through a central angle of 05°43'46" a distance of 301.73
feet; thencs tangent to said curve South 24°13'39" East, 770.00 feet;
thence South 08°46'21" West 980.00 feet; thence North 81°13'39" West
210.00 feat; thence South A8°46'21" West, 250.00 feet; thence North
48°4-3'39" <>st, 335.00 feet; thence North 78°14'59" West 319.91 feet to
the TRUE TO INT OF BEGINNING.
AMENDED
DR:FBD:ba
1-16-80
S-579973
E-21367
% , • CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Requirements Necessary
to satisfy the Public
Specific Subject: Facilities Element of
the General Plan
T*">ge 1 of 4
v-^Policy No. 17
Date Issued 8-29-79-
Effective Date 8-29-79
Cancellation Date
Supersedes Mo.17 issued.
9-6-78
Copies to: City Council, City Manager, City Attorney, Department and
Division Heads, Employee Bulletin Boards, Press, File
BACKGROUND; . .
The Public Facilities Element of the General Plan requires that
before giving approval to zoning, rezoning, development or redevelopment
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'.s resources.
PURPOSE;
1. To establish a policy regarding the requirements which must
be met before the City Council will find that the Public Facilities
Element has been satisfied.
2. To establish a policy that will allow development to proceed
in an orderly manner while insuring that 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 Municipal 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.
I 2x7°'CITY OF CARLSBAD
COUNCIL POLICY STATEMENT.
General Subject: Requirements Necessary
to satisfy the Public
Specific Subject: Facilities Element of
the General Plan
.'~4»age 2 of 4
Policy No. 17
Date Issued 8-29-79
Effective Date 8-29-79
Cancellation Date
Supersedes No.17 issued
9-6-78
Copies to: City Council, City Manager, City Attorney, Department 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 City 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 development.
• 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 $1,150'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
shall 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 improvements 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,
• •' ; ' . * CITY«*£»F CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Requirements Necessary
to satisfy the Public
Specific Subject: Facilities Element of
the General Plan
JPage 3 of 4-'*,%,. -s
PbVicy No.17
Date Issued 8-29-79
Effective Date 8-29-79
Cancellation Date
Supersedes No. 17 issued.
9-6-78
Copies to: City Council, City Manager, City Attorney, Department 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:
(a) 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 exceeds 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 would 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.
'••- .' CITY OF CARLSBAD
COUNCIL POLICY STATEMENT.
General Subject: - Requirements Necessary
to satisfy the Public
Specific Subject: Facilities Element of
the General Plan
'"""'age 4 of 4*"s^Policy No. 17
Date Issued 8-29-79
Effective Date 8-29-79
Cancellation Date
Supersedes No. 17 issued
9-6-78
Copies to: 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 United 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.