Loading...
HomeMy WebLinkAboutMS 429; Kelem, Louis; 80-170736; Public Facilities Fee Agreement/Release. * ]& 47 AM ‘.>*I I -- THIS AGREEL4Z:T is entered into thi.s 30 e day nf JA,~~#RY ...--.“m---i NC) . . jp.9 and between 80 , .hy --- I__epe- -- -- Louis Kelem . ~Fo~Zloper-mmer) ---- ---- . . ,-- -' z ____. i.mLMdual -L-.----..-. ,hereinafter r-cferrcd to as . (Corpora-S..on , partnc2rship I etc. ) "Developer", whose address is 125 W. Miss-p (street) r .- Escondido, California 92025' .*' - , and THE CITY OF __- -_I_- - . ((Lt~y, strite, zip code) CARLSBAD, a municipal corporation of the F.tatc 05 California, . . . * hkeinafter referred to as ?.Ci.ty', whose .address is 1200 Elm Avenue, Carlsbad, Califarnia, 92008. . . WITYES SETEI: WHEREAS, Developer is the owner of the real property described on Eihibit "A", attached .hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, the Property lies writhin t&e boundaries of City; and - . wmRms , - ~eve~c>per proposes a dcvel.opknt project as follows: . .- ,two single-family restdences . -...-v- -..-- .- - . . :-- --.- * __,; ‘I .,Lym . * . 1 . . : ’ . r , on said Property-, which development carriesthe proposed name . and is hereafter referred to as "Development"; and WIIERI2RS, Developer filed on the 31 day ofaVy ' , ' . 13'm , : . -- with the City a request for Int it fnr two sinale farnily , residential units , ms 429 -- (.hcr&inafter 'referred to as “Request"; and wI1EREAS, 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 shall not be approved .'(said element is on file with the C!ity Clerk and is incorpora.ted by this reference; ant . v WHEREAS, Developer and City recognise 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 needs of the Development as it is presently proposed; future but the Developer is aware that the* City cannot and will not bc able to make any such finding without financial assistance to pay for . such.ccrviccs nnd facilities; and, thcrcforc, Devcl.oper proposes . I. -. ‘ r ,797 - . ,to help satisfy the General Plan as implemented by Council Policy No..'17 by T&W, ‘covenants 1. fee in an payment of a public facilities fee. THEREFORE, in consideration of the recitals and the contained herein, the parties agree as follows: The Developer shall pay to the City a public‘facilities amount not to exceed 2% of the building permit valuati.on ‘. . of the buildings or structures to be constructed in the Development ' pursuant to the Request. The fee shall be paid prior to the issulnce of building or other construction permits for the develop- ment and shall be based on the valuation at that time. This' fee shall be in addition to any fees, dedications or improvements .regui.red 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. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and "entitlement for use" as used in this agreement, cxccptin reference to mobilchome sites or projects, shall not refer co 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 . 3. . . - . 3 .-4- +v . _ -. : 798- ’ - I’ . . the development is intended. Dcvelo,per shal.1 pay to City a public facilities fee in the sum of $1,150 for each mobilehome space to be, constructed pursuant 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 hddition to any fees, dedications or improvements required according 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. 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 t0 ': donate a site or sites 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 agree- ment. Sites donated under this paragraph shall not include improvements - . required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. . * - I . 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 DcveLopment will not be consistent with the General Plan and any approval or pcrm'it for the Development shall . . -. ‘. 7.9 g. - * . . . . 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 from the payment of available. provide the facilities and sufficient funds this and similar public facilities fees are 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 described. 6. All 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 such party. Any au& 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 envclop'e, addressed to the City for attention . of the City 14anagcr, postage prepaid and certified. 7.2 If notice is given to Dcvelopcr by personal dclivcry thereof to Dcvelopcr or by depositing the same in the United States 3 L-+&J 5, . . . . &._ . ’ ;. 800 - * ’ . . . . Mail, enclosed in a sealed envelope, addressed to Developer at the . 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 . assigns of Developer and the City, and references to Developer , 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, however, interest in the Property shall have Developer's obligations hereunder. that any successor of Developer's first assumed in writing the , 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. /// . . . . /// , . . .’ * //I/ . . L. ‘._ , . , I’) . 1’ . 801 ‘- a IN WITBESS WHEREOF,. this agrecmcnt is executed in San Diego . Couiity; California as 'of the date first written above. . . I)EV35LOPER-O~;NER: CITY OF~CARLSBAD, a municipal cdrporation of the State of California --- City Manager ..- . - (Title) -- . . . *. : . .’ . * . ’ : . (Notarial acknowledgement of exkcution by DEVELOPER-OWNER must be attached.) . . . - . 7, . -- STATE OF CALIFORNIA COUNTY OF- San Diego > SS. # O n January 30, 1980, before me, m the undersigned, a Notary Public in and for said County and State, , ‘. ii3 h personally appeared Louis Kelem 5 B s , known to me 3 to be the person- whose name is subscribed to the .-; d within instrument and acknowledged that he executed the 3 4 FOR NOTARY SEAL OR STAMP ~ i -* 1. . . , ’ . . , .,\ i393 EXHIBIT "A" LEGAL DESCRIPTTON . -_.. _,. Yhat portfan of Tr,act 119 of CARLSBAD LANDS, in the City of --, .Carlsbad, County'af San DiegO,-State of Califarniq, according to the .. . . !elp thersoE T-!o. 1661, filed' in the Office of the County Recorder of '. San Dieqo County, 81arch 1, 1915, described as a whole as Eollows: . BeSinning at the intersection,of the centcr line of Oak i\venue as said hvm-uxe is shown on said Map Ma. 1661, with the South$rly prolongation of the West erly line of Tract 119 of Carlsbad Lands; thence Nort'h 55O27' East along said center line of Gitk Avenue, 226.97 feet to the TRUE RGINT OF BEGXNMIMG; thence cor.tinuinq North ... 55"27' East along the said center line 121.39 feet to the most Southerly corner of the t parcel of land described irz deed to W. .A. .. '. Scott, et uxI recorded ,Itnuary'.13, f941 as Dacomnt Xo. 2655, in aooi; 1118, page 301 of Ur'ficial Records; thence along the southwest?-rty line QE said Scc~,tt land, North 34*33 ’ West 238.02 feet to the Easrerly corneL: of that parcel of. land described in the.deed _ . . ta the Citly of Carlsbad,. recorded October 9, 1967 as Document No. 155021 of Official Records; thence South 55O27' West 122 feet ta the -3ortheasterly line of lar?d described in Deed to Albert S, Hawkes, et 1.. '. ux recorded in Book 1636, page 336 of Deeds: thence South 34"33' Eaftalong said Northea-'=YJ ,L---y line 240 feet ta the TRUE POItiT Or" DEGINHING, . . . ‘. / : . .! : c , .I t - . CI5 OF CAfiLSBAD 804 COUNCIL POLICY STATEMENT General Subject: . Requirements Necessary to satisfy the Public Specific Subject: Facilities Element of the General Plan gage 1 of 4 LLicy No. 17 Date Issued 8-29-79 Effective Date 8-29-79 Cancellation Date - Supersedes No.17 issued Cqpies to: City Council, City Xanager, City Attorney, Department and Division fbads, 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 proponentof 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 Ci+l'.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-provj.ded fecLlitLes, 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 o?fi.ces 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 IaZunicipal 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. - CI'J= OF CARLSBAD 805 . COUNCIL POLICY STATEPSENT :eneral Subject: Requirements Necessary ;pecific Subject: to satisfy the Public Facilities Element of the General Plan . Page 2 of:4 r‘licy No.17 Date Issued 8-29-79 Effective Date 8-29-79 Cancellation Date Supersedes $70.~~ issued 9-6-78 - 'opies to: City Couficil, 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, facilities, including bu will impose increased requirements for such ,* t 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 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, - -- CI"-- 806 OF CARLSBAD ; COUNCIL POLICY STATEHENT General Subject: Requirements Necessary Specific Subject: to satisfy the Public Facilities Element of the General Plan Supersedes No.17 issued 9-6-78 Page 3 of 4 I---icy No.17 Date Issued 8-29-79 Effective Date 8-29-79 Cancellation Date 1 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: - Ia) 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&eeds the amount of this exception, such excess shall be paid. .5 (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. r (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 Col~ncil may attach condi-tions, including limitations on rent or income levels of tenants. If the City Council finds a project is not being operated as a ICW cost housing project in accordance with hll applicable conditions, the fee, which wculd otherwise be imposed by this chapter, shall i.mzRediatel- J become due and payable. 7. There is excluded from the fee imposed by this policy: (a) Any persc,? when.impositiqn of such fee upon that person would be in violation cf 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, . ‘.” I -t. , 1 .;j;’ ;;I:. : c CI - OF CARLSBAD COUNCIL POLICY STATEPENT 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 is- 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 enforcement of this policy. His decisions may be appealed to City Council whose decision shall be final. . .