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Home My WebLink AboutMS 427; Rancho La Costa; 80-193310; Public Facilities Fee Agreement/Release. . '- .fi?%er Recdriji'ng' Return T~m:."--~ . s 'I 8. . . . l%.y .Cltyk - I ::- %itY of CarlSbad ' !, )- 1 2 fj d' 1200 Elm Ave. I . .I Carlsbad, CA 92008 AGRElIS~4EM'I: I3E'l'Tml3: DI:vELOP~~~-OIL’NER jq\!D fJ$E CIT’Y OF cA11L::l3AD l?OR %‘II,P; . . . pqLqEN:I’ (-jF A pgcJ,:rc: 1?;?C:i:!.,T7‘1x3 ITE - l_--_l_------ ., , TIj-JS AGI),EMEI4T is cnlccrcd into this 5 . . 13 I 'by and between City of Catlsbad, California -- . * ’ . Raricho La Costa, ---w-e- a Limited Partnership r -(name of developer--owner) . . a . ,hereinafter referred to as . (Corporation, paL--tnershil?, etc.) "Developer", whose address is 137 West D Street I (street) Encini tas, CA 32024’ , and THE C1T.Y OF - * ~fistate, zip code) . CARLSBAD, a municipal corporation of thc'?tate of California, . * * hcke~naftcr referred t3 as t'Ci.ty", whose address is 1200 Elm Avenue, 'Carlsbad, California, 9200F. . , l . .’ WITNESSETR: . . V?IIEREAS, 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 WIIEREAS, the Property lies within f&e boundaries of City; , and . * WHEREAS, * Dcvclopcr proposes a dcvelo:knt project as follows: . .* . a 20 acre lot split _._ * . . . -.. . ’ . - . 9 * : \~’ ) . . , . * ,‘1;202 .) 1 ’ . on said Property, which dcveloprncnt carrics.the proposed name . . of none and is hereafter referred to as "Development"; and MIIERIXS, Developer filed on the 12 day of February :‘. , 19' 80 I : with the City a request for approval of minor subdivis’ion #427 and waiver of parcel map requirement; . - (bere'inafter 'referred to as "Request"; and WHEREAS { the Public Facilities Element 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 s.hall not be approved . *'(said element is on file with the City Clerk and is incorporated by this reference; and . c WIIERFAS, 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 . WIIEREAS, Developer has asked the City to find that public . fhcilitics and services will. be a;ailnblc to' meet the future d needs of the Development as it is presently proposed; but the Dcvclopcr is aware that the< City cannot and will. not be able to -' mnkc any such finding without financial assistance to pay for . such 'services and fncilitics; and, thc:rcforc, Dcvclopcr proposes . . 3 . r. a’ ’ * ’ r -’ * - , .*, ,1,> l ..: m3 - ,’ . . io help satisfy the Gcx1cral Plan as ilTpI.Cllleritcd by Cbuncil. Policy No.. '17 by payment of a public facilities fee. NOW, TIIEREl~ORE, $.n consideration of the recitals and the 'covenants contained herein, the parties agree as follows: e 1. The DeveloI~er shall pay to the City a public 'facilities ' . fee in an amount not to exceed 2% uf the building permit valuation ‘. of the buildings or structures to he constructed in the Development ' pwsuant to the Requ&t. The fee shall be paid prior to the I issuance of building or other construction permits for the develop- men-k and shall be based on the valuation at that time. This' fee shall. be in addition to ariy ,fees, dedications or improvements .required Code. A . pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal credit toward such fee shall be given for land which has . . been dedicated for park purposes or for any fees paid in lieu . . .,, thereof pur'suant to Chapter 20.44 of the Carlsbad Municipal Code. . _ . Developer shall pay i"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 providcd.in Chapter 21.47 of the . ' Carlsbad Ilunicipal Co&. Condominium shall inclucic communi.ty apartment or stock cooperative. The terms "other construction . permits", ' "other construction permit“ and "entitlcmcnt for use'! as used in this agrecmcnt# cxccptin rcfercncc to mobilchomc sites or projects, sh;lll not rcfcr to grading permits or other permits for . . . . the construction of underground or street improwmcnts un1.css 110 . other permit is ncccssary prior to the [itiC or occupancy for wl~icl-1 3. . . . . , . the dcvclopmcnt is intended. Developer Sh3l.Z pay t0 City a pUbliC fac.ilitLcs fee in the sum of $1,150 for each mohiI.ehome space to be constxucted pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits foi- the w . development. This fee shall be in kddition to any fees, dedications a or improvements required according to Titles 18, 20 or 21 of the , Carlsbad Municipal Code. A credit toward.such fee shall be given for Tand 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. . . ,' .1 - 2. The Developer may offer to donate a site or sites for : . .public facilities in lieu of all or part of.the financial obligation l . ngr'eed upon in Paragraph 1 above. If Developer offers t0 ': . . donate a site or sites for public facilities, the City shall . *consider, but is not obligated to accept the offer. The time for . .cJonation and amount of credit against the.fee shall be determined . *_ . ssuance of any building 'or other permits. _ .by City prior to the i . Such determination, when made, shall become a part of this agree- ment, Sites donated under this paragraph shall not include improvements l . rdquircd pursuant to Titles 18 or 20 of the Carl&ad Idunicipal I. : -- Code. . . * .. . 3. This agreement and the fee paid 'pursuant hereto are . required to ensurc'thc consistency of the Dcvclopment with the City's Gcncrnl PJ.an. If the fee is not paid as provided herein, . . . the City will, not have the funds to provide public fncilitics and . . Gerviccs, and the Dcvclopmcnt will not bc consistent with the * . General Plan and any approval. or perrrki,~ for t11C Dcvt~Jopmcnt shnlJ. 4. */. . * h, 4 , .A * . ‘ . . I . 120.5 , . . . . : he 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 thy 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 compl,y.with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate described. 6. Ali obligations the needs of the-Development herein 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 kuch party. Any . such notice shall not be effective for any purpose, whatsoever unless served in one of the following manners: d . . 7.1 If notice is given to the City. by personal delivery t..hercof to the City; or by depositing same in the United States Mail, addressed to the City nt the address set forth herein, cncloscd in a scaled cnvclol*c, addressed to the City for nttcntion *. . of the City Manager, postage prepaid and ccrtificd. . . . 7.2 If noticc iti given to Dovcl.opcr by personal dcZivcry thcrcof to Dcvelopcr or by dcpo:;itin~ the same in the United St:ntcs -?,A-& 5. c * ;. : - . .’ “. . . . c .* . . . - . . . '* Mail, enclosed address as may 8. . This . ‘12’06 -* . . . . in a sealed envelope, addressed to Developer at the' have been designated, postage prepaid and certified. . agreement shall be binding' upon and shal.1 inure to . . the-benefit of, and shall apply to, :the respective succ'cssors and . assigns of Developer and the City, and references to Developer I or City herein shall be deemed .to be reference to and include their . respective successors and assigns without specific mention of such succe'ssors and assigns. If Developer should interest in the Property, all obligations of - shall terminate; provided, however, that any cease to have any Developer hereunder successor of Developer's .interest in the Property shall have first assumed in writing the .* Developer's obligations hereunder. 9.. ThLs agreement shall be .‘recordcd but shall not create ; ,' a lien or security interest on the Property. When.the obligations 'of t1xi.s agreement have been satisfied, City shall record a release. /// . . . . . * 7// . i/i . /I/ - /// . . 1 . . -. 1207 IN WITNESS WHEREOF, this agreement is executed in San Diego County, Cal ifornia as of the date first written above. DEVELOPER-OWNER: Ranch0 La Costa, (Name) a Limited Partnership General Partner (Title) (Title) CITY OF CARLSBAD, a municipal corporation of the State of California / ,,,y 8 ‘ , ALETHA L. RAUTENKRANZ,- C&y , C i ty Manager ‘& - Appr,&efis to/prm: n J I I/ ,_ I Vin;bnt Fl Bionpl;), Jr/ ” (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) STATE OF CALIFORNIA 0 range f COUNTY OF f On March 26, 1980 I before roe, the undersigned, a Notary Public in and for said State, personally appeared Donald B. Ayres A! E .c -c J ‘C i! a ‘C c Ii known to me to be One Of the partners of the partnership that executed the within instrument and acknowledged to me that such partnerrhip executed the same. RANCH0 LA COSTA WITNESS my hand and otficial seal. - 1 Signature A&, c# {5iti&z& BettyC/L. Faust Nama (Typed or Printed) /b--b My Commission Expires Nov. 25, 1980 1 __ (This *rea for *ial notarial seal) ., I ., , , . 1299 EXHIBIT "A" LEGAL DESCRIPTION Tentative Parcel Map M.S. 427; portions of sections 22,26,27 and 35, ’ Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, State of California; . ,I --- ---.__I_-. -- - - i t ,., ’ *’ : CITY 3F CARLS,BAD . @lo . CCXJNCIL POLICY STATEWWf' General Subject: Requirements Necessary to satisfy the Public Specific Subject: Facilities Element of the General Plan I .-‘ge 1 of 4 t’ Policy No. 17 -I__ Date Issued 8-29-79 - Effective Date B-29-79 I------< Cancellation D?te - Supersedes No.17 issued .- 9-6-78 _ Copies to: City Collncil, City Manager, City Attorney, Department and Division Beads, Employee Bulletin Boards,, Press, File . BACKGROUND: -- i The Public Facilities Element of the General Plan requires that before giving approval to zoning, rezoning, development or redeveZopment 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 prcviously,relied on a report of availability from the City Sta,ff. 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 Citil'.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 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, de'velopmonts which arc required to dedicate-land or pay fees for school facilities pursuant to Chapter 21. 55 of the Carlsbad Plunicipal 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 ._ I--------w ,.-.. -- . - CIll OF CARTSBAD 1211 . . I -Page 2 of 4 Policy No.17 1 Date Issued 8129-79 COUNCIL POLICY STATENENT General Subject: Requirements Necessary Specific Subject: to satisfy the Public Facilities Element of the General Plan ( Supersedes No.17 issued -4- 9-f-78- I 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 $1,15O'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 o‘f 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 prwcrty , 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, I .- d -- i.b # ’ . k-b CARLSBAD <.* , 121.2 . . COUNCIL POLICY STATEMENT General Subject: Requirements Necessary Specifio Subject: to satisfy the Public Facilities Element of the General Plan --- -Page 3 of 4 PCicy No.17 Date Issued 8-29-79 _-- Effective Date 8-29-79 Cancellation Date Supersedes No.17 issued 9-6-r -I 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 ;; .li new building e;ceeds the amount of this exception, such excess shall ' ' c 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. i : (d) The City Council may grant an exception for a low cost 1 housing project where the City Council finds such project consistent with the Housing Element of the General Plan and that such exception I 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 i not being operated as a low cost housing project in accordance with'all applicable conditions, the fee, which wquld otherwise be imposed by this i chapter, shall immediately become due and payable. 7. There is excluded from the fee imposed by this policy: j (a) Any person when.imposition of such fee upon that person i would be in violation of the Constitution and laws of the United i i States or the State of California. i (b) The construction of any building by a nonprofit corporation j exclusively for religious, educational, hospita.1 or charitable purposes. -_ ._ _._ :. .< ‘. ’ i *. . . . _.’ 1 * . . . . - 1 1 I -- : I. I ‘<. ., - * CI’A A’ OF CARLSEA L . COUNCIL POLICY STATEFENT General Subject: . Requirements Necessary to satisfy the Public Specific Subject: Facilities Element of the General Plan -age 4 of 4 Policy No. 17 Date Issued 8-29-79 Effective Date SL29-79 Cancellation Date [SU~C?,SC3iiC?S NO. J-7 is-3 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. -\ . . z . . . . . .* . c