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Home My WebLink AboutMS 467; Duncan, Gordon E. and Gordon L.; 80-179754; Public Facilities Fee Agreement/ReleaseAfter Recording Return To: ',Ci'ty- CZ,.erk 1200 Elm Ave. Jarl's lad, CA 92008 6943 hGRFE?r*iXT BETS~EEN DEVSLOPER-OkJl\iER AN3 TEE CITY OF CARLSB.?~D FOR THE PAYMENT OF A PUSLIC FXXLITIES FEE T1IIS AGX:EEMEJNT is entered into this 25 day of fi& e t 19 m, by and between -- c;b,+w E. a ,hereinafter referred to as ---(@is 1 "Developer", whose ad@ress is 60 &&i~~h%. S&G I (streetr , and THE CITY OF CARLSSAD, z municipal corporation of the State of California, - . hereinafter referred to as "City", whose address is 1200 Elm Avenue , Carlsbad r California, 92008. :: WITNESSETH: klHEI??P.S, Dewrloper 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 ~7HEmks. , Developer proposes to construct ,+!z!z 27 &/ti+~ - . y---yig@ . .’ . . ; . rw4 . on said Propxty, which development carries 'the proposed name of and is hereafter referred to as "Development"; and . WHEREAS, Developer filed on the /5 day of bee\ , 1980, with the City a request.for A e .Ua&hY/ Nt.f~~ &,wl rct/,/u-'r <;4;=/3/'Vli>-.l,d-50. I (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 ,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 2 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 Develc-- +.ent 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 such services and facilities; and, therefore, Devel.oper proposes 2. #. ‘*a ’ q P 9;1 to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, TI"-IEi:EFO~, 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 the amount of 2% of the building permit valuation of the buildings or structures to be constructed in the Development pursyant to the Request. The fee shall be paid prior to the issuance of bailding or other construction permits for the Develop- ment and shall be based on the valuation at that time. This fee shall. be in additi.on to any fees, dedications or improvements required pursu:int to Titles LB, 20 or 21 of-the Carlsbad Municipal . . Code. A cre3i.t toward such fee shall be given for land which has b:ien dedicated for park purposes or for any fees ps.id in lieu .;. thereof pursuant to Chapter 20.44 of the Carl&ad Kunicipal Code. Developer shall pay a fee 'for conversion of existing buildings or . . structures into condominiums in an amount equal 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 condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. * 2. The Develcper may offer to donate a site or sites for public facilities in lieu of all or part of the agreed upon in Paragraph 1 above. If Developer a site or sites for public facilities, the City 3 : financial obligation offers to donate 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 Sites donated under this paragraph shall not include required pursuant to Titles 18 or 20 of the Carlsbad Code. agreement. " improvements Municipal $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, thee 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 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 EtCJl-lX!S to provide upon request reasonable assurances to enable Deve1opa.r 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. 4: ‘I .’ j ,y;;* - . 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 no+ &ice 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 per'sonal t delivery thereof to Developer or by depositing the same in the ;. -. United States Mail, enclosed in a sealed envelope, addressed to Developer at the ad dress as may have been designated; postage prepaid and certified. 8. This agreeme;, -t 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 G- -T- the City herein shall be deemed to be reference to and includa their respective successors and assigns without specific ,z_ltion cf z-zc;?_ successors and assigns. If Developer should ce,z.se to k-.-e zny interest in the Property, all obligations I of Developer here-xGsr shall terminate; provided, however, that any successor of Developer's interest in the Property.shall have 5. ._ . s ‘ 1538 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: CITY OF.CARLSBAD, a municipal corporation of the State of Gtzwcb~ L* n,wcm (Name) California BY City Manager - S-B- Q-J L&L (Title)/ (Notarial ?zknowie5gesent of execution by DEVELOPER-OWNER must be attached,) 6. - INDIVIDUAL ACKNOWLEDGMENT State of California ..__._._____.._.__.____..___.....__.__. County of .._.___ SanDiega. _...._._ _ ___. 1 S.S. 14&) the undersigned On this. ____ -14th ____ . . . . . . ..day of--A@1 __________ _ ________ 19.8c!., before me, .“..__...._..._____.____._._...~_._..._._..._...__...._._..__._.._.._.....__._~~....~.~_..._ .“) a Notary Public in and for said . ..San.Diega..... ____ County, (SEAL) personally appeared _____ _ ____ .~~x.do~.Xc....~c-~.-~n~--~Q~~Qn.-~.,..Ga _____ ____------a------- ------w-c----- known to me to be the person? ____ -whose name.3 ____ ___ ____ . . . . ..zl.???..- __......_. subscribed to the within instrument, and acknowledged that..t..heY....executed t WITNESS my hand and official seal. ,Notary Public in and for said... My commission expires..... ___ _. San Diego ____ ___ _______ -County and State EXHIBIT " A " LEGAL DESCRIPTION . . f .L.. . -I 4 .- ' $ ‘. .-- -. -,p-” . ‘4 1.. \ r.* I, I ' . 2 . &;:1; "age 1 of 4 . CITY OF CARLSrmD -II Policy No. 17 COUNCIL POLICY STATZNENT Date Issued 8-29-79 '- G11-1era1 Subject: . Requirements Necessary to satisfy the Public Effective Date 8-29-79 Specific Sub jwt: Facilities Elenent.of, the General Plan Cancellation Date _. Supersedes No.17 issued 9-6-78 Copies to: * City Council, City Hinager, City Attorney, Division Heads, Department and Employee Bulletin Boards, Press, File .' . BACKGROUXD: . ,,.: : . * ,f The Public Facilities Element of the General Plan requires that before giving approval to zoning, rezoning, deveiopxent 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-m a,ilities 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 futuresuch services and facilities could not be made.available to new development from the Citl'.s r&sources, 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 estabiish'a policy that will allow development to proceed ‘in an orderly manner while. Eier.ent will b3, insuring that the requirements of the Public Facilitias satisfied by establishing a fee to fund the cost of City-provj.ded faciiities, including but not limited to: Parks, major streets, tr2ffj.c signals, storm drains, bridges and public buildings such as fire szations, police facilities, maintenance yards, libraries and gen ?zral or'fices which willr insure they will be available ccncurrent with need. '. POLICY: 1. In determining whether or not service provided by another entit will be available concurrent with need in connection with a development, the Council, in the absence of evidence to the contrary, shall be quid& by a lcttcr of availability from tha-L-. entity, provided, however, dcvclopmcnts rJhich arc required to dedicatc.land or pa,y fees for school facilities pursuant to Chapter 21. 55 of the Carl.sbac1 Iblunicipal Cock, shall be dccmecl to have satisfied the Public Facilities Element in regard to schools for that development without the necessity for an availability letter. . _ , (. C’ “) CITILOF CARLSBAD .li "'G, COUNCIL POLICY STATEMENT General Subject: Requirements Necessary ;pecific Subject: to satisfy the Public Facilities Element of '332 General Plan Page 2 of 4 P^‘.icv No.17 Date Issued 8-29-79 Effective Date 8-29-79 Cancellation Eate Supersedes No-l7 issued 9-6-78 lopics 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. I The Council also finds that the continued development of he City, with the consequent increase in populatioc and in the se of public facilities, will impose increased requirements for such . . acilities, including but not limited to parks, major streets, traffic ignals, storm drainsI bridges and public buildings, such as fire stations, olice facilities, maintenance facilities, libraries and general offices. .he necessity for such facilities results directly from new construction and the need cannot be met from o.rdinary Citil 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 apprdval of any zoning, rezoning, development or redevelopment proposal, the applicant shall pay or agree to pay a public facilities fen 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 constructsd pursuant to such approval. The fee shail be paid prLor to issuance of building or other permits and shall be based on the valuation at tk-at 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 pursuanr to Chapter 20.44 of the Carlsbad Municipal Code. 5. All proceeds from the fee collected pursuant to this'policy &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 property, and public improvements and facilities including but not limited to the following types of capital projects: Public buildings (such as fire stations, pol.icc facilities, maintenance and yard facilities, librnrics and general city offices) parks, major streets, *. . , i, ‘r ,’ c c . ,* * .t c. (i 9 i 3 Q Q CIT-OF CARLSBAD , ’ . . * ,I: * .’ -1, t-‘, * . 'COUNCIL POLICY STATEblENT General Subject: Requirements Necessary Specific Subject: to satisfy the Public Facilities Element of . the General Plan -- --._._ Page 3 of: 4 . r- .icv Nod; 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 . 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 0' L" 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 newiy constructed. If the fee imposed on the new building exceeds the amcunt of this exception, such excess shall be paid, . .-. . . (b) Accessory buildings or structnrcs 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. -. 5 (d) . The City Cc until may grant an exception for a low cost housing project where tl--r City Council finds such project consistent with the Rousing Element c?f the General Plan and that such exception is necessary. In apgr0vin.y an exception for low cost housing the -City Cocci 1 may attach cz>dltions, including limitations on rent .or income levels of tenezts. If the City Cotinci.1 finds a project is not being operated as a LOX cost housing project in accordance with811 applicable conditicns, the fee, which wquld otherwise be imposed by this chapter, shall irzzediato; --y become due and payable. 7. There is exclc&d from the fee imposed by this policy: (a) Any person when.imposition of such fee upon that person cwould 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, hospita'l or charitable purposes. , -. e c -i. . 1 ;; I c-. I _ * c I : ‘. . ( -- .- . !.- ’ :- &L&l; . ‘.‘.. , e ' . cr.-- OF CARTSBAD . CGUNCIL POLICY STATEXENT General Subject: ' Requirements Mecessary to satisfy the Public Specific Subject: Facilities Element of the General Plan Supersedes NOi 17 iwed 9-6-78 . .-.- _Page 4 of 4 I ,iCy No. 17 - Date Issued 8-29-79 Effective Date 8129-79 Cancellation Date - . Copies to:' City Council, City &Ianager, 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 the .City Council whos, ~.decision shall be final. . ‘. ‘. * . l \ . . . * I . . . * . . - . . . . * . . l -. appealed to . . . ” . *i.. . . : . . . ,i .’ “, .~wpg754 i’ _:. _.,, ..- ,,- ,. t- ’ ,’ :, r!:; .’ _. . ; NC) FEE