HomeMy WebLinkAboutMS 447; Cloud Development; 80-187604; Public Facilities Fee Agreement/Release4fter recfirding return to: I cc:-.~ City “G:: Carlsbad * l *.
i.200 Elru Ave.
Carlsbad, CA 92008 AGREEMENT
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BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYViNT OF A PUBLIC FACILITIES FEE
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THIS AGREEMENT is entered into this b dayof fid, ,
19 so,-by and between /Loud be vELaPesA/r
(name of develqper-owner)
a #,hereinafter referred to as (Corporation, partnership, etc.) .
"Developer", whose address is r;Zo/ S.hfib&k &de. I (street)
CA& &3&#d LA (City, state, zip iode) 00s , and THE CITY OF
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
WHEREAS, the Property lies within the boundaries of City;
and
WHEREAS, Developer proposes a development project as follows: 9 ‘mu7 tcdnDa9~r/ jr/n9 . *
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on said i?roperty, which development carries the proposed name
of -*- .-.- cLQulz\ 53E~EuNmE?v?T
and is hereafter referred to as "Development"; and
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WHEREAS, Ceveloper filed on the 0 diy of Fl33 . .-;I a
l&+7, with the City a req-xst for---Q JJ,Q\~IL_ - - --.-
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(hereinafter .refer.red to as "Request": and
WHEREAS, the Public Facilities Element of the City General.
Plan requires that the City Council find that all public
,facil,ities 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
W3ER.EAS, Developer and City recognize the correctness of
Council Policy No. 17, attached to and made a ~arct: of this
agreement, and tha.t the City's public facilities and services
are at capacity and will not be available to accommodate the
additionz?.l 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'tq meet the future
needs of the Development as it is presently proposed; but the
Developer is aware that the City cannot E;nd will not be ab1.o to
make any such finding without financial assistance to pay for
such services and facilities; and, therefore, Developer proposes
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to help satisfy the General Plan as implemented by Council Policy
NO. 17 by payment of a public facilities fee.
. NOW, THEI:EFORE, in consideration of the recitals and the
covenants contained herein, the parties agree as follows: \
I. . The Developer shall pay to the City a public facilities
fee in the amount of 2% of the building permit valuation of the .
buil.dings or structures to be constructed in the Development
pursuant to the Request. The fee shall be paid prior to the
issuance of bail-ding or o%er con struction permits for the Devel.op-
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 pai'd in lieu
thereof pur *suant to Chapter 20.44 of the Carlsb:2d Eunicipal Code.
Developer sh>l?. pay a fee for conversion of existing buildings or
structures into condominiums in an amount eq-ual to 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
ccndomir!il;lm conversion permit as provided in Chapter -21.47 of the
Carlsbac.. Munici.pa.7. Code + Condomini-um shall include community
apartment or stock cooperative:
3 .,. 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
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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
detemnination, 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
Ci..ty'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 *
by this agreement is paid. .
4. City agrees to deposit the fees paid pursuant
agreement in a public facilities fund for the financing
required
to this
of public
facilities when the City Council determines the need exists to
p.ro,vi,de 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.
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event the
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All obligatians hereunder shall terminate in
Requests made by Developer are not approved.
Any notice from one party to the other shall
the
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.
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 incls& their respective successors and assigns without
specific mention oi scch 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
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. first assumed in writing the Developer's obligations hereunder.
9. This agreement shall be recorded. When the obligations
of this agreement have been satisfied, City shall record a
release.
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
/,l otifi iQ5LmmEm . (Name)
CITY OF CARLSBAD, a municipal corporation of the State of California
City Manager
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ATTEST: ,. >;:"I. y -I . . -. . . '. : . ; _ ; .'. - ,:~,+, -, 3.: ._:: .I( ( : ,.: ..,: : ,." :.. / '.' '. .!X, ?. ' * *> .'-~*': .' '. :. ,.' ., ,.,. . *-. ., I* ,a< __ I, .,....- ., &.: : +:. ;' '."T .,:‘ 1. ,i .a :: .I) ! ,,': 5
(Notarial zcknowie?gzment of execution by DEVELOPER-OWNER must be 1 attached.)
6.
STATE OF CALIFORNIA
COUNTY OF _._._ :$i.d.ti _.____.. ..&!%....~ __.__________.. ) ‘Se 1714
on.....PE.hb~..&~ . . . . . . . . . . . . . . . . . . . 8...: . . . . . . .L.!i..B.G . . . . . . . . . . . . .
personally appeared . P&CA/.
, before me, the undersigned, a Notary Public in and for said State,
. . . . . . . . . . 3 . . . . . . . . . . . . s...LQ.,.il . . . .._______.....__..................................................................~...............................................
known to me to be the person __._____....____ whose name ________... i-s.. ____....
_____.___________........ $.E __...............__............... executed the same.
WITNESS my hand and official seal. ~~n~1111~a11#0#111~*D~~mm~m~am~maBD8~1~~ (Seal)
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OFFICIAL SEAL w
MARY C. BRYNIE : :
NOTARY PUBLtC - CALIFORNIA :
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FWK!lPAL OFFICE IN
SAN DIEGO COUNTY :
: ,.,y t&nmission Expires Oct. 22,1982 : ~~~~~a~~rn~mae~~~*rno~rnm~~m~o~~~~a~
. . . . . . . . . . . . . ..subscribed to the within instrument and acknowledged that
Notary Public in and for said State
I I STATE of cALIFoII(IAc i
I I A@?w L v I
as.
! I COUNTYOF
, known to me,
to be the persons whose name2 -subscribed to the within Instrument,
and acknowledged to me that AeF executed the same.
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t p-;(,;h ;y,:;,;; 1 WITNESS my hand and official seal.
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All of Lot $+ S~CE~Yf the Scuthwaatecly 1.23 feet &;arrtof in nb~k *IT” of PALbiiXS
NO. 2, In ilrc city of i&rlsberi* Cowty of San D-Lcgo, Stste uf CaLxfuruk, accwdi.ng
to tip the.reof So. X803, flkd iu the office of tlx? Caunr~ K&%xJcr of Sap Dfvyo
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RECORD&R’S MLMO:
QUALITY OF RECORD DUE 10
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‘- ,&’ L. ) 84’ ‘\ CITY 3F CARiXf~AD
COUNCIL POLICY STATENEW Date Issued 8-29-79
General Subject: . Requirements Necessary
to satisfy the Public Effective ~atc 8-29-79
Specific Subject: Facilities Element of the General Plan Cancellation Date
-. Supersedes No.17 issued
g-6-78
Cqpies to: City Council, City Manager, City Attorney, Department and ', Division Reads, Employee Bulletin Boards, Press, File
e BACKGROUXD: . i: . . - ,i"
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 f-- ,,il.ities 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 previouslir,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 dgvelopment from the Ci~~',s r&sources.
PURPOSE:
1. To establish a policy regarding the requirements which must be met before the City Cacncil will find that the Public Facilities .Element has been satisfied.
2. To establish's policy that will allow development to proceed in an orcerlv manner while insuring that the requirements of the Public Facilities Eiment will bs szt’ ,sfied by establishing a fee to fund the cost of City-provi.dad facilities, including but not limited to: Parks, major streets, traffic signals, storm drains, bridges and public buildings such as fire srztions, police facilities, maintenance yardsI librarias and gexral c5fi ces which wilL insure they will be available ccnsurrent with need. -.
POLICY: .
1. In determining whether or not service provided by another entit will be available concurrent with need in connection with a dcvelopmcnt, the Council, in the absence of evidence to the contrary, shall be guided by ~7 letter of availability from that entity, provided, however, dcvelopmcnts !?hich arc required to dedicatc.land or pay fees for school facilities pursu;lnt to Chapter 21.55 of the Carlsbad !Iunicipnl Code, shall be dccmec? to have satisfied the Public Facilities Element in regard to schools for that development without the necessity for an availability letter.
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‘. COtJNCIL POLICY STATEMENT
General Subject: Requirements Necessary
Specific Subject: to satisfy the Public Facilities Element of the General Plan _
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Page 2 of 4
P -icy No.17
Date Issued 8-29-79
Effective Date 8-29-79
Cancellation Date
/Supersedes IIo.~7 ~s~~~, - -
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, tlill 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 i,n the amount of 2% of the building permit valuation. of the buildings or structures or $l,.lSO'for each mobilehome space to be construe ted 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 tine.-
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 includiny but not limited to the foll.owing types of capital projects: Public buildings (such as fire stations, police facilities, maintcnancc and yard facilities, libraries and general city offices)' parks, major streets,
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: ;CIT” OF CAR1iSE’d.I . 171.8
. COUNCIL POLICY 'STATEWNT . General Subject: Requirements Necessary
Specific Subject: to satisfy the Public Facilities Element of the General Plan
-Page 3 of, 4
1 ,-; . .xcy No.lj
Date Issued 8-29-79
Effective Date 8-29-79.
Cancellation Date
Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File
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traffic signals, storm drains, bridges and other-similar projects as 'the Council may deem necessary and appropriate. Designation of expenditur es 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 fbllowifig ex-- Lcptions from payment of the fee shall applyi * (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 newiy constructed. If the fee imposed on the new building ekceeds the amount of this exception, such excess shall be paid, - -z.
(b) Accessory buildings or strtictures- in mobilehome parks, 'such as a club house, swimming pool, or laundry facilities.
(c) Buildings o.r structures which are clearly accessory to an existing use such as fences, pools, patios and automobile garages.
: (d) The City C Cznci.1 may grant an exception for a low cost housing project where t-3 City Council finds such project consistent with the Bousing Element of the General Plan and that such exception is necessary. In approvin,; an exception for low cost housing the .City CGWC I1 may attach cazditions, including limitations on rent or incore levels of tenants. If the City Council finds a project is not being operated as a 1:o~ cost housing project in accordance withhll applicable conditi.ons, +>e fee, which wquld otherwise be imposed by this chapter, shall imIn&.iately become due and payable.
7. There is exclcdsd 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 corporatior exclusively for religious, educational, hospital or charitable purposes.
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Cl’- OF CARLSBkD m9
. COUNCIL POLICY STATEiGNT
Zenera Subject: ' Requirements ?!ecessary to satisfy the Public Specific Subject: Facilities Element of the General Plan
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Page 4 of 4
I-LiCv No. 17
Date Issued 8-29-79
Effective Date 8L29-79
Cancellation Date
-. Supersedes No. 17 5-d 9-6-78 - --
Zopies to:- City Council, City Manager, City Attorney, Department and * Division &ads, Employee Bulletin Boards, Press, File
(c) The construction of any building by the City of Carlsbad, the Unit&d States or any department or agency thereof or by the State of California or any department, agency or political subdivision thereof. .
a Thr City Manager shall be responsible for the administration and eiiorcement of this policy. His decisions may be appealed to the City Council whos, a-decision shall be final.
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