HomeMy WebLinkAboutMS 466; Boss, Charles & Kathryn; 80-170735; Public Facilities Fee Agreement/Release,Y ’ ’ I-* L
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>gT$??~E;y->j:i’ BETCC'EEN !1lXZLGPER-OWNER , . AND Ti-:E CITY OF CAPZSBkD FOR THE . . i.., - PI;YMENT OP A PUBLIC I?ACIL~TIES FEE --
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531'1:s AC;-XEXENT is entered into this I/ . day of' #PRIL *,
13 atI . ..-- , by-and between
Charles L. BOSS and Kathryn A. ~~~~ --------. -.-- (mme of dc7i-::opar-owner) r -
El partnership ,hereinafter referred to as ---
Tiei=, ~J~~x~~~le~ship, C&c. )
*!~~~@l~p~'~','~~hose address is 2154 Ranch View Terrace, 0-5~~
(street)
92024 .
----.----.-- (City., - st:c,te, zzp code) , and THE CITY OF
CARLSBAC\, a m&icrlpal corr<oration of the State of California, - . h,cJr&laf.tpy -.- referred to 2s "City", whose address is 1200 Elm
Avar.ue , &c~sb~xl, California, 9200%. .:
WITNES SETH:
. ~~?~R~-Ze3 ~ Deve lo?er is the owner of the real property descri'ned
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011. E~&i.]~it “Ti” , attached hereto and made a part of this agreement,
hereinafter referred tea as "Property"; and
k7EJEl??XS I the Property lies within the boundaries of City;
and
wI;z,;::z:.L~ i ~.~v.~;ss:e f pi-0posCs to B convert. .
a duplex into a 2 unit condomi-. __-_----_I
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-- . .-- - - . . -----y$@ .
. ‘. 9 ,,* * I’ ’ .* y/$*2 . - *
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on said Property, which development carries the proposed name
. of Tentative Parcel Map . .
and is hereafter referred to as "Development"; and
WHEEAS ( Developer
19&J , with the City a
filed on the /v day of #q/R/I- * , i
request- for Tentative Parcel Map
approval. /v-jS, 5’46
(hereinafter referred to as "Request"; and
WXEREAS, the Public Facilities Element of the City General
Plan requires that the City Council find that all public
,faciiities 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 . wfjJRE>Ls , Developer and City recognize the correctness of
.Council Policy No. 17, attached to and made a part of this
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agreement, and that
are at capacity and
additional need for
. the City's public facilities and services -
will not be available to accommodate the
public facilities and services resulting
from the proposed Development; and .
WJJE:x:II;I"-s , Developer has asked the Ciiy to find that public :
facilities 2~32 SC-A~-C~~~C~~ will be aGail.able to'meet the future
needs of 52:'. ~e;~cl.nS)yp.-At as it is presently proposed; but the
Devel.opor is axzrc that thtz City cannot and will not be able to
make any SC& finding without financial. assistance to pay for
such 'services and facilities; and, therefore, Dcvel.opcr proposes
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IlO lwl.]~ cat.i.r,fy the C(:~~cral I?1 an as implcmcntcd by 'Council Policy
No.. 17 by p;\ymcnt of a pub3.ic.z facilities fdo.
NOW, T1II?JUY"ORE, in consideration of the rcc:ltnl.s and the
~covcnar1ts contai1~2il herein, the parties agree as fol.J.owsf *
1. The DevcJopcr shall pay to the City a public 'facilities
fee in an amount not to exceed 2% of the building permit valuat-ion
'. of the buildings or structures to be constructed in the Development .
pursuant
issuke
ment and
shall be
required
Code. A .
to the Request. The fee shall bc paid prior to the
of building or other construction permits for the dcvelop-
shall be based on the valuation at that time. This' fee
in addition to any fees, dedications or improvements
pursuant to Titles 18, 20 or 21 of the CarJ.sbad Nunicipal.
credit toward such fee shall be given for Jand which has
been dedicated for park purposes or for any fees paid in lieu .. .
thcrcof pursuant to Chapter 20.44 of the Cnrlsbad Elunicipal Code. .
. * DevcJopcr shall pay a fee for conversion of existing buildings or * -stru’ctures into condominiums in an amount not.to exceed 2% of the
. buiJ.ding permit valuation at the time of conversion. The fee for a
'condominium conversion shall be paid.prior to the issuance of a
condomin:ium conversion permit as provided in Chapter 21.47 of the
CarJ.:had Nunicipal Code. Condominium sha'J.1 i.ncludc community
apnrtmc~~t or stock cooper‘ativc. The tcxms 'oth~f construction .
* permi. ts " , "otlicr C~JlStrllCtiOJl permit" and "entl.tJ cment for use" as
uscxl in this agrccmc~nt , cxcclpt .in rcfcrcncc to mul)j J.chomc sj tes or
pl.^ojcxt.s, ~11~13.1 not rofcr co grading permits or other permits for
. t1ic conr;truc Li.011 of urlclcrgroLl1kI 01: stroct iniprovcmcntc utlloss no .
other pcnnit is ncccr;r;nry prior to the, use or occupancy for wllich . 3. .
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the dcvclopment is intcndcd. Devclopcr shall pay to City a public
facilitLcs fee in tho sum of $1,150 fo? each mobilehome space to be
constructed pursuant to the Request. The fee shall be paid prior
to the issuance of building or othc'r construction permits for the "
dcvelopmcnt. This fee shall he in 'addition to any fees, dedications
. or improvements required according to Titles 10, 20 or 21 of the I .
Carlsbad Nunicipal Code. A credit toward,such fee shall be given
for fand which has been dedicated for park purposes or for any fees
paid in lieu thereof pursuant to Chapter 20.44 of tha Carl&ad
Municipal Code. . . .' ,' .~ -
2. The Developer may offer to donate a site or sites for : .
-public facilities in lieu of all or part af.the financial obligation
agreed upon in Paragraph 1 above.
donate a site or sites for public facilities, the City shall
. *consider, but is not obligated to accept the offer. The time for
l . If Developer offers t0 ': . .
.Qonation and amount of credit against the.fee shall be'determined , -. .
ssuance of any building 'or other permits. _ .by City prior to the i .
Such dctcrmination, when made, shall become a part of this agree-
ment. Sites donated under this paragraph shall not include improvcmcnts
reguirad purstiant to Tiflcs 10 or 20 of the' Carl&ad Municipal .
Code. . . . .
. 3. This agrclcmcnt and the fee paid 'pursuant hereto are
rcqlired to cnsurc'thc conr;i::tcncy of the Development with the
city ’ s Gcncral I?l;ln. If the fee is not paid as provided herein, .
t.ha City 1JiLl.l not have tile funds to proviclc public fi3ciliticn and
. . nurvj.c!~~n, and k11(? lkvcd.o],mwnt wi1.l JlOk bo consifJC:ont With thr?
GClI(?l-ill. l?ILfilI alIt ilIly approval. or pcr~n'iti for the Dc~c~lopmt~nt: shall
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: be void. No building or other construction permit or entitlcnwnt
for use shall be issued until the public facilities 'fee required by
this ugrccment
4. City
ugrncmcnt in a
is paid. .
nyrccs to clcpos.it th? fees paid pursuant to this
public facilities fund for the finalicing of pubJ.ic
~ac.iJ.itics when the City Council. determines the need axiskg to
provide the facilitic~ and sufficient funds from the payment of
this and similar public facilities fees are available4
9. City agrees to provide upon request reasonable assurances
to cnabJ.e Developer to compJ,y.with any requirements of other public
agencies as evidence of adoquata public facilities and services
sufficient to accommodate the needs of the' Development herein
dca&ibcd. .
6. All obligations hereunder shall'torm,i.n~te in the event ' .
the Requests made by Developer a& 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
nbtice or by a duI.y authorizcd representative of such party. Any
such notice shalJ. not be cffcctive for any purpose whatsoever
unless served in one of the following mnnncrs:
7.1 Xf notice is given to the City.by personal del.ivery
. thereof to the Cit>; or by depositing same* in the United States
Mail, aclc3rcss cd to the City ai: the ncIdrcss set forth herein,
enclosccl .in a sc~~l.cd cnvcJ.ol>c, adtlrcssc cl3 to t.hc City for nttcntion
. of the City Manager, post2gc prcp~7id and ccrtificd.
. - . 7.2 If n0tA.w is given to Devel.opcr by personal dcl.ivery .
thc.rcof t.o DevcJ.opc~ or by clcpo:;it.i.ng the simo in the Unit&i Stake.';
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. , .. Nail, ancloscxl in a sealed cnvclope, addressed to Developer at the'
address as may have been designated, postage prepaid and ccrtificd.
a. ' This agrcemcnt shall he binding upon and shall inure to
the benefit of, and shall apply to,:the respective succ'essors and
, assigns of Developer and the City,' and rcfcrcnccs to Developer I .
or City herein shall. he deemed to be reference to and include their
. respective successors and assigns without specific mention of such
successors and assigns. If Developer should
interest in the Property, all obligations of .
shall' terminate; provided, hokcver, 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. This agreement shall he.'recorded but shall not create 1
a lien or security interest on the Property. When the obligations
of this agreement have been satisfied, City shall record a release.
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IUTI?ESS t?1IJ~J?I~OJ?,.thi.s agreement is cxccutcd in Snn Diego .
dalifornin as 'of the date
DEVELOJ?ER-OWNER:
Kathryn A. Boss
A
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. .: 3:. , ,., .,’ ,;iII. *r:“, 1 .- ; . . ‘.;* * .f%.‘-.
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first written above. .
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CITY OF'.CARLSBAD, a municipal cckporntion of the State of California
BY City Manager
n ’
(Nr)l:;l1:1.a7. nc~;nowI.cd!7r?mcl-lt of cxbcution by D~VI~I~OD~R--O~~NI1:n lx attilclK!cl. ) . must
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788
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STATE OF CALIFORNIA,
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COUNTY OF Sa i D’! = CJ 6 \ /
ON A pp-1 I 11
before me, Te;n$;gned, a Notary Public in and for said State, personally appeared e.2 L. DC~Ss
,! I
, known to me,
to be the person- whose name- IS subscribed to the within Instrument,
~arr&&nowtedged to me that -he- executed the same.
WITNESS my hand and official seal.
ACKNOWLEDGMENT-General-Wolcotts Form 23LRev. 3.64 * SU~SIDIAW OF *MERIC*N STATIONERY PRODUCTS CORP. .
- c. AP --- i!
Notary Public in and for said State. ,I 1; 8: ‘I
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STATE OF CALIFORNIA, 1 r, ss.
// COUNTY OF 5 .L k D 1 a Q 0 I ;i
ON /Ya\r IG // 19-e ;I
“before me, the undersigned, a Notary Public in and for said State,; appeared 1
Kcr-fzkv~r. A. l3t3nss ‘!
, known to me,
to be the person- whose name- IS subscribed to the within Instrument,
~~~=:nmv4r+acknowledged to me that she- executed the same.
i /i
WITNESS my hand and official seal.
r5lHL+- c. B-
Notary Public in and for said State.
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ACKNOWLEDGMENT-Geners,-Wo,cotts Form 23&&v, 3-64 A SUBS~DIARI OF AMERICAN STATIONERY PRODUCTS CORP.
789
EXHIBIT "A"
Legal Description
Lot 189 of La Costa Meadows Unit No. 1, in the County of
San Diego, State of California, according to Map thereof
No. 6800, filed in the Office of the County Recorder of
San Diego County, December 9, 1970.
Excepting that portion of said Lot 189 reserved for future
street on said Map No. 6800.
J. N. 4990 EBS:gh 4-7-80
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CI’i OF CARLSEAD
COUNCIL POLICY STATEMENT
General Subject: . Requirements Necessary
to satisfy the Public Specific Subject: Facilities Element of the General Plan
-Fage 1 of 4
Ptiiicy No. 17
Date Issued 8-29-79
Effective Date 8-iEly -
Cancellation Date
Supersedes No.17 issued - --
Copies to: City Council, City ivlanager, City Attorney, Department and
Division Heads; 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 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 previousl$,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 insur.ing that the requirements of the Public Facilities Element t~i.11 be satisfied by establishing a fee to fund the cost of City-prov,S.df-d facilities, including but not limited to: Parks, major streets, traffic signals, storm drains, bridges and public buildings such as fir2 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, dcvelopmcnts which are required to dedicate-land or pay fees for school facilities pursuant to Chapter 21. 55 of the Carlsbad Elunicipal 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.
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CI'F- OF CARLSBAD ._ '791
COUNCIL POLICY STATEMENT
;eneral Subject: Requirements Necessary
;pecific Subject: to satisfy the Public Facilities Element of the General Plan _
Page 2 of 4
P-icy No. 17
Date Issued 8-29-79
Effective Date 8-29-79
Cancellation Date
Su+xsedcs No. l7 issued
9-6-78'
Zopies 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 bu 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 $l,lSO.for each mobilehome space'to be constructed przrsuant 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% by this policy shall be given for land which has bee2 dedicated for park purposes or for any fees paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad Muriicipal
C&e l
5. All proceeds from the fee collected pursuant to this'policy sh.ali 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 limiteci 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,
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.*I .*r: .- * ‘3 iw- OF CARLSDAD , 792 I-;;~; ;*ol;4 . . . COUNCIL POLICY STATEMENT I Date Issued 8-29-79
General Subject: Requirements Necessary
Specific Subject: to satisfy the Public Effective Date 8-29-79
Facilities Element of the General Plan Cancellation Date
Supersedes No.17 is&&d 9-6-78
Copies to: City Council, City Manager, City Attorney, Dehartment 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 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 newly constructed. If the fee imposed on the new building egceeds the amount of this'exception, such excess shall be paid. .v.
(b) Accessory buildings or structures in mobilehome parks, 'such as a club house, swimming pool, or laundry facilities.
(c) Buildings 0.1 structures which are clearly accessory to an existing use such as fences, pools, patios and automobile garages.
L (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 ar, 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 lcw cost housing project in accordance with 'all applicable conditions, the fee, which wquld otherwise be imposed by this chapter, shall imme=iia -tely 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, hospita.1 or charitable purposes.
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1. - CI - 'OF CARLSBAD 791
COUNCIL POLICY STATENENT
General Subject: I Requirements Necessary to satisfy the Public Specific Subject: Facilities Element of the General Plan
zage 4 of 4
. *icy No. 17 A
Date Issued 8-29-79
Effective Date 8129-79
Cancellation Date .
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Su ersedes No. * a I
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. __
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