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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.