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HomeMy WebLinkAboutMS 433; ANTIN, ARLEENE AND OZERKIS, LEONARD; 80-163817; Public Facilities Fee Agreement/ReleaseCitp 0( Cartel • % &C-163817 1200 ELM AVENUE felJ5 . \ ^ ^ r llh / : ^: :" KG. _,_ ---- CARLSBAD, CALIFORNIA 92008 . . J' t!Ji;r. ly RcCCuOED REUu.-", OF - ' OOAGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE H^Y 19 9 T/ f- ' " PAYMENT OF A PUBLIC FACILITIES FEE '* '' ' '" " THIS AGREEMENT is entered into this 8th day of April''"'' GFlDtFv '—* NO FEE , by and between " Arleene Antin and Leonard R. Ozerkis (name of developer-owner) a . ' ' fhereinafter referred to as (Corporation, partnership, etc.) "Developer", whose address is 3824 Skyline Rd. (street) Carlsbad, CA 92008 , and THE CITY OF (City, state, 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. * • 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 VJIIEREAS , the Property lies within the boundaries of City; and • • • • WHEREAS, Developer proposes a development project as follows: One ^ Single Family Dwelling following Parcel Map Approval .' • '• • ' 2196 on said Property, which development carries-the proposed name ' of ' Arleene Antin and Leonard R. Ozerkis and is hereafter referred to as "Development"; and WHERE7\S, Developer filed on the 6th day of February : , 19 80 , with the City a request for a 2 parcel minor . subdivision (|v\5 433^ ; (.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 WHEREAS, 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 Buch'services and facilities; and, therefore, Developer proposes * 2. • • 21-97 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 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 i issuance 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 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. 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, except in reference to mobilehome sites or projects, shall not refer t'o 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. ' -4--t?0 2198 " . the development is intended. Developer shall 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 addition to any fees, dedications or improvements required according to TitJ.es 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 i 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 to • •. 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. . 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 pxiblic facilities and services, and tine Development will not be consistent with the General Plan and any approval or permit for the Development shall 4. . " • •« A «•»„ 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. • 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 n'otice 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 i.o given to Developer by personal delivery thereof to Developer or by depositing the name in the United States C 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 t ' ' 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, that any successor of Developer's • interest in the Property shall have first assumed in writing the Developer's obligations hereunder. .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. /// o -4— do • •' •" * ' -J* * n n ^«"*\,• ^ . 22(O IN WITNESS WHEREOF,.this agreement is executed in San Diego County/ California as of the date first written above. DEVELOPER-OWWER: Arleene Antin (Name) yU-AA-XA^ (Title) Leonard R. Ozerkis CTitiet CITY OF-CARLSBAD, a municipal corporation of the State of California By City Manager ALETITL. RAUTENKRANZ, City ARPROVED AS VINCENT '&. B Daniel S. Hentschke, Assistant VINCENT iV BIONDO, JR.., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) 2202 EXHIBIT "A" LEGAL DESCRIPTION That portion of Lot "I" of Rancho Aqua Hedlonda, 1n the City ov Carlsbad* County or San Diego, State of California, according to Map thereof No. 823. filed 1n the Office of the County Recorder of San 01 ego County, November 16, 1896, described as follows: Commencing at a point on the Easterly line of Skyline Road distant thereon North 29° 21' 10" West record North Z&> 19' 35" Itest 15.02 feet from the most Easterly angle point In the Easterly line of Carlsbad Estates Hap Ho. 3019 on file in the Office cv the County Recorder of San Diego County; thence along the Easterly line of said Skyline Road North 29° 21' 10" West 107.32 feet to the beginning of a tangent curve concave to the West having a radius of 197.11 feet; thence Northerly along the arc of said curve 31.50 feet; thence North 68° 53' 01" East 253.50 feet to e. Mint 1n the Westerly line of land conveyed to Gretchen Tuthlll by Deed recorded 1n Book 462t>. page 433 of official record; thence along said Westerly Vine South'31° 451 35" East 90.0 feet to an angle point therein; thence Swth 58° K- 25" Wes". along wlrl lund 262. ?A f«w*. *n ~h*> ooinv. ~f conroencimen*:. RECORDER'S MEMOS QUALITY OF RECORD DUE TO CONDITION OE ORIGINAL DOCUMENT STATE OF CALIF COUNTY OF NIA before me, the undersigned, a Notary Public in andjpr said County and State, personally appeared known to me to be the person.whose nxmc within instrument and acknowledged that same. .subscribed to the .executed the SAFECO FOR NOTARY SEAL OR STAMP OFFICIAL SEAL DEMISE MARSHALL Notary Public - Calif. Principal Office In SAN DIEGO COUNTY \ My Commission Expires NOV 1, 1982 • ' - "* , c:i;sy OF CARLSBAD 2-203.)x,,x COUNCIL POLICY STATEMENT General Subject: Requirements Necessary to satisfy the Public' Specific Subject: Facilities Element of the General Plan Page 1 of 4 ""}_!_icy 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 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, 1579 the City Manager reported that in the future such services and facilities could not be made available to new development from the CityVs 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. 2204• : - ' CI~ OF CARLSBAD* • • COUNCIL POLICY STATEMENT. General Subject: Requirements Necessary to satisfy the Public Specific Subject: Facilities Element of the General Plan sPage 2 of 4 jrf)licy 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, '."'.: - * CJ^Y OF CARLSBAD ^ ^ ^•* ,•%.*/ ; COUNCIL POLICY STATEMENT General Subject: Specific Subject Copies to: City Divi Requirements Necessary to satisfy the Public ' Facilities Element of the General Plan Page 3 of 4 ""**<•, . N-)»j»licy No. 17 Date Issued 8-29-79 Effective Date 8-29-79 Cancellation Date Supersedes No. 17 issued 9-6-78 Council, City Manager, City Attorney, Department and sion 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. 2206 f *\Page 4 of 4 Policy No. 1 Date Issued 8-29-7^ Effective Date 8-29-79 Cancellation Date OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: • Requirements Necessary to satisfy the Public Specific Subject: Facilities Element of the General Plan Supersedes No. 17 jss 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.