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HomeMy WebLinkAboutMS 472; White, Andrea; 80-180955; Public Facilities Fee Agreement/ReleaseI ‘. f+Ntmfp~~ -- -.. -____ ‘* . w * --‘IT -^.I__x_ __^ i . ---.-&xk,-~:-~~ -- ---. -ee2 , *:, L ,,BT;, * *..>., FILE/PAGE NrJ. k BOOK 198"; RXORDEOREtiUESTOF -.- c) a@g-* ‘.’ AC1\1~.1~:TI1’11’1’ J?l”l?~ll:l’:?1 T,l~VT~T,OI’~I~-O~~l~R ANI) 7’11 I,: (.“I ‘I’Y 01, (lAl21-.,!~:IVU~ JXIR %‘IIE . JUH 5 9 13 @VU 1’/\\‘1~11~l1\1’1’ 01: A l”Ijl?J,‘l C l’i\C~Il ,T’j’I 11s F’JSE ^ . . . .._. -__ .__-.. .__ __... . .._-_ .._- _ . . ._ - ^__. _____ - - OFFlClAt RECCRCS SAN DIEGO CDt’;t’iY, +Y,L! r. VERA L.LYtE RECORDER .NO.FEg '1'11 :I I; I~G~~JT%JY~!~J~ .;.s PIT 1.~3 (~1 i 11i:n th.i~ 21 day of April I 3:) 80 , Iq and Ixl.w:f~n - _-__ .-_ Me---..- --- -4------ --a ’ ’ . Andrea S. White ? - . . . .._- . . :-- --_- __... -.__._.___ -_-.-----._ ---..L--- (~1;111\(.! ()i~ d~!v~!.kl~J(!~ -rJ’A’i\(:\“) . . ;I n inuiviciual ,hc?rci.nt~Fter rc;fcrl:ed t=O As . .- +. -. .* _ . .--._...._. - ,( .--- _-,.- ---* -.-. .-._-- __II (I:(,l-Jl(:)1~,1l~.j.o1l, ~‘~1~~11~1C!X!,11.;)), 01 c!,) “j’mw~:1 (ywl-” , ~~)Io.Tc! iltl(lrrf;r; :i ,G 341 Broad Street, Suite 201 I b -----yx~G~~ .* Manchester, Connecticut '06040 , and Ttfti CXT,‘y OF . . -~~:rrrll’-‘-~.i:‘TI’~~-,~~j-~c,c ] c ) CY~lUXlVIn, a mul3ic:.i pn 1 cm-p3-ni’ ion of the Stab of California, . - I . * )rr;l:r:jn;lI:( cr xcfcrrc:tl l-0 ilS “City”, whnsc .acldress if3 1200 E3.m nl~(.?rlac! , CnlT$:Jbt-!d, I::aliforn.ia, 92DOfl. . . , ’ w x T y I‘;: s s E T 11: . WIIRJIllAP ,, , 13c:vr~ 1 opcr i. r; irhc owner of the. ran1 proparty Bescribcd cm 13xll’i 11i.t. “A” I at-1 ;IC~I-~P~ IICI-c:~l:o and ni;lde a ptlrt of this agrccmcnt, ]rr\l-r. i 11;) VI cr rtsf~!vi*!~cl trs ;IT, “l’rapr?ri:y” ; nncl \37131q\1m!: , l-Jlr> 1'1-O]jPl't.y J j 05 \$.ii~hi.n tI;c bounc3;1ri c:s of City; tlllC1 . . WIIl'I:J;A!Y, DC’VC 1 opcr 1~1’CI]~OI~c!~ a flc~v~~.l.c~pinc~~i: prn:jcct nr; fol Il.0~:; : ,‘. Developer is to convert a duplex, under constructiqn, into -- a 2 unit condominium. . _II_.. _-_ -.-. .- . .a . . ‘ . \ - .! 1 i& ‘) - ’ on ‘r:a:i.tl I'ropcrty, w,llli.ch dcvclop~~lcnt carries. the proposed name . of Tentative Parcel Map - and is hsrcafter rcj':crrcd to as "Devc1opmcnt"; and WEIEl?lmS , Dcvclopcr filed on the 22 day of April, !' , ' : 13’ 80 I : with the City a rcquost for Tentative Parcel Map &pprOVal (hcrdinafter rcfcrred to as "Requcstl'; and WIIEREAS , the Public Facilities Elcmcnt of the City General Plan requires that the City Council find that all publia .-, - 8 facilities necessary to serve a development will be available concurrent with need or such development shall not be approved .(sa&.J element is on file with the City Clerk and is incorporated by thi. s reference; and . . TWIIQXS, Developer and City recognizc the correctness of - Council Policy No. 17, attached to and made a part of this . . agrcemcnt, and that *' are at capacity and additional riced for the City's public facilities and services will not be available to accommodate the public facilities and,,serVices resulting From tlw proposed Development; and . \4illSREAS, Dcvclopcr has Asked the City to fi'nd that public . f*aailiti.cs . and scrvicxs wiJ.J. be avaiJ.nblc to meet the future needs of the Dcvclopment a~ it is presently proposed; but the lXw2lopcr is qawzr~ that the< City cannot and will. not bc able to makc3 any sucl~ fincling without fi~InnciaJ. assi.st.nncc to pay for . . such ‘xrviccr; and i;lciILitic!; ; and, t11c:rcfolT, Dcvc?l.o~m- ~ropo~cs . . to help sat.isfy the Gcncral Pl.an as impl.cmentcd by Cdun~il Policy No.. '17 by NOW, -covenants 1. fee in an payment of a pubI.ic fnci.litiqs f&c. THEREL~ORE, in consideration of the recitals and the . contained herein, the parties ng~~e a~ follows: " . The Dovcl.oper ahnll pay to the City h public'facilities . amount not to exceed 2% of the building pcmit valuation ‘. of the buildings or structures to be constructed in the Development . pursuant to the Request. The fee shall be paid prior to the . issukce 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 .Eces, dedications or improvements . ,required pursuant to Titles 18, 20 or 21 of the Carl.sbacj lilunicipal. . Code. A credit toward such fee shall be given for Jand 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. . * . . Devc.Zopcr shall pay a fee for conversion of existing buildings or . .atru'cturcs 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 ' CnrI.ubad Nunicipnl Code. Condominium shall include community n)~nrtncnt or stock cooperative. The terms "other construction l pcnmits”, * "other construction permit" and "cntitJ.cment for use" as used in this agrccmcnt, cxccq3t.i.n reference to n~obilcI~onia site= or projects, ahaJ.1 not rofcr co grading permits or other permits for . . th.2 ~OJ1~tl:UCt~.Ol~ Of Ul~ldCKgrOUlld Or &trCCt i.~~~rOvC!lNYlt~ U8IlCss II0 . OthC!l: )lClrillit if1 ll~cCr;:;ary ~>lTi.OlT t0 thC, UtiC Or ,OCCU~XW?~ fOX Which . 3. . * , - r ._ A.. __ ‘. I . * I’m - , . . the dcvclopmcnt is intcndcd. Dc~~lbpcr shall pay to City a public facilities fee in the sum of $1,150 fol' each mobil.chome space to be constxucted pursuant to the Request, The fee shall be paid prior to the issuance of building or other construction permits foi the - . dcvaloprncnt . This fee shall be in bddition to any fees, dedications . or improvemants required according to Titles 18, 20 or 21 of the , Carlsbnd Nunicipal Code, A credit toward~such fee shall be given for fand trh$.ch has been dedicated for park purposes or for any fees . paid in lieu thereof pursuant to Chapter 20.44 of the Carl&ad Munlcj.pnl Code. . . .' .' ,_ - 2. The Developer may offer to donate a site or sites for .* . *public facilities In lieu of all or part of.tho financial obligation - * agreed upon in Paragraph 1 above, If Developer offers to " '1 . . donate a site or sites for public facilities, ths City shall . -con&i&r, but is not obligated to accept the offer. The tj.me for <donation 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 improvements l . required pursuant to Titles 18 or 20 of the Carlsbnd Municipal *. - Code. . I * 3. . This agreement and the fee paid 'pursuant hereto are rcquircd to ensurc'thc consistency of the Development with the City's Gcncrnl 1’3.ax-i. If the fee is not paid as provided herein, . the City will not have tllc funds to provide public facilities and . . fJervi,ccs, nncl t:lhz ~)CVc.~O~l~Kxt vi.11 not lx conoistxnt with the I . Gcncll:as Plan and any approval. or pcr1n'i.C for the DcvcSopmcnt shn2.1. , .I . l . . . . . ,: he’ void. No buiJ.ding or other construction pcrmii: or cntitlcment for use shall be issued until the public: facilities 'fee required by this agreement is paid. 4. City S!Jl:Cc:S to clcposit the fees paid pursuant to this : ng~~crncni-. in a pub1.ic facilities fund fox’ the financing Of pt2bl.j.c I . facilities when the City Council dctcrmincs 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 en+J.e Developer to comp1,y.wit.h any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the*Dcvelopment herein ck&ribed. 6. All obligations hereunder shall terminate in the event . . the Kecpcsts made by DeveJ.oper a& not approved, 0 7. Any notice from one party to the ot:l~ts,r shall be in writing, and shall be dated and signed ,by the party giving such 1Ioticc or by a dul.y authorized representative of &xh party. Any such notice shall. not be offcctivd for any purpose whatsoever Iil-llWS served in one of the following m,anncrc: 7.1 If notice is - given to the City, by personal delivery thereof to'the Ci.tr-1: or by depositing same' in the United States Ma& nddrcsscd to the City at the nddrcss set forth herein, enclosed ii1 il scal~cd cllvcl.ol:~c, addrcsscd to the City for attclition . of the city ml11acJc1:, postac~c prepaid and ccrt,ificd. 7.2 Jf notG.cc is given to Dcv6I.opcr by personal delivery thcrcof to Dr?vcl.opcr or by dcpo:;j.i:ing t.hc! sam(3 in the Unitccl S1:at:cs r .--. ,J _, T!.., 39 . '. Ek~.il, enclosed in a scaled cnvclope, address as may have been designated, addressed to Developer at the postage prepaid and certified. 8. ’ This agrccmcnt shall be binding upon and shall inure to I : the benefit 'of, and shall apply to, :thc respective succ'essors and . assigns of Developer and the City, and references to Developer I or City herein shnJ.1. he deemed to bc reference to and include their . respective successors and assigns without specific mention of such succc'ssors and assigns. If Developer should cease ta have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, ho&ver, that any successor of Developer's interest in the Property shall have first assumed in .- Developer's obligations hereunder. writing the 3.. 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// . /// ‘. . ,* //I/ /// c //I //I . * . * I// . . . ; . . . , ‘. “ , : ” 178% - * , IN V?I!l??l!:SS WlIl~l?XXIl?, , i3li.s ayrccmcni: is cxctcutxxl in San Diego ; Coujrty ; Cal.if0r-ni.a as 'of i;l~ dalx first writiren above. . CITY OF ~CARI,SIVJD, a municipnJ.. cdrporation of the S?.xte of Cal.ifornin . . I .A'ndrea S. white --- -...-_ * (Nmc: ) -- .* I . City Manager Owner - -(-tiEEm Developer . , (Title) . City Attorney . * .- . . (Not-.ilrial scknowlcdgcmcntz of execution by D~V1SLOI’~la-O’(JNER must . ” be ;lttachcd. ) f . . .I . L . . . ’ . . -. ^._ -.. .’ _- -Lzw.-.-u -2 -- - _.L - --- ?I STATE OF CALIFORNIA, 1 II !: I ss. m9 ‘j I! COUNTY OF s h fi D 1 = 9 c I ON ADl-r . I .a t ) 19 80, (:a before me, the ;d$sife; a Notary PubI; ik G,ndtfor said State, personally appeared / I ‘n s c ;i to be the person- whose name- IS , known to me, subscribed to the within Instrument, : !j vm&aaknowledged to me that she- executed the same. WITNESS my hand and official seal. a--n/ E. b-b-- .-- Notary Public in and for said State. ACKNOWLEDGMENT-General-Wolcotts Form 2334+ev. 561 A SUBSIOIARI OF AMERICIN STATIONERY PRODUCTS CORP. . EXHIBIT "A" LEGAL DESCRIPTION _ L&7- /72.3 3'F LA ros5'4 #E-Ad45vv5 L-f&/Y-- A/z/. I / //I/ 7dL cl7)” bF f=d/i?LSddd &bf/V~~ BF sd/ti &?IEL+o/ / 37#72?-- &7F rA.L/FoRw/A , RL/tcRd /d/l& r& /M&P 7+z-&Eds F A.@. .L%3cw. F/L E&Q /Af ME L3fFILC 6f rttg co IfNTY h?Ecc~~,k?dtrC! @f s&if/f dlk60 Lmvq dELm?Bz/i! 9 /9 78. / . * , --- rc . , * C . . . -. c .- -w-s ---- 1.: :;;r *, ’ s79.s . ’ .i CITY isP CARLSBAD . COUNCIL POLICY STATEMENT General Subject: . Requirements Necessary to satisfy the Public Specific Subject: Facilities Elenenkof, the General Plan Supersedes NO.17 issued 9-6ga aqe 1 of 4 Podcy No. 17 Date Issued 8-29-79 Effective Date- 8-29-79 Cancellation Date - .. Copies to: . City Council, City Minager, City Attorney, Deiartment and Division Reads, Employee Bulletin Boards, Press, File - . BACKGROUKD: 1 . . ..’ . . . * ,i The Tuhlic Facilities Element of the General Plan requires that before giving approval to zoning, rezoning, developxnt or redevelopment proposals, the public heal th and safety and the general welfare of the community and all,its citizens require that the proponent of any such actions shall present evidence satisfactory to the City Ccuncil that all. necessary services and facilities will be available concurrent t.lith need. For those services and facilities provided by another entity, the Council has 2nd will continue to be guided by a letter of availability from such entity. For those services provided by the City, thz Council has previousl$,relied on a report of availability from the City Staff. On July 3, 1479 the City Ranager reported that in the future-such services and facilities could not be made.available to new development from the City'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 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 sat isfied by establishing a fee to fund the cost of City-provj.&d faci' Lities,. including but not limited to: Parks, major streets, trefgic signals, storm drains, bridges and public buildings such as fire ssations, police facilities, maintenance yards, librzrias and genera.1 cffi ces which wilL insure they will be available concurrent 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 guided by a letter 0 f availability from that entity, provided, however, dcvelopmcnts tlhich arc required to dedi.catc,lancl or pa,y fees for school facilities pursuant to Chapter 21.55 of the Carlsbarl Flunicipnl Code, shall be dccrned to have satisfied the Public Facilities Element in regard to schools for that development without the necessity for an availability letter. (I- . c .! COUNCIL POLICY STATEMENT seneral Subject: Requirements Necessary specific Subject: to satisfy the Public Facilities Element of the General Plan . Page 2 of 4 PY.icy No. 17 -e Date Issued 8-29-79 Effective Date 8-29-79 Cancellation Date Supersedes No-l7 issued 9-6-78 Zopies to: City Council, City Manager, City Attorney, Department and . Division Meads, 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 cons--?1 ,%-ent increase in population and in the use of public facilities, trill 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 newL.development in the City. Payment of such a fee will enable the City to fu;ld a construction program to provide public facilities. 'If a developmen t 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 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 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'% by this policy shall be given for land which has been dedicated for park purposes or for any fees paid in lieu thereof pursuans to Chapter 20.44 of the Carlsbad Municipal Code. 5. All proceeds from the fee collected pursuant to this'policy sh.all be paid into a special capital outlay fund of the City entitled, "Public Facilities Fund". The fund shall he 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, s. . #t . ‘r c c. : . .t c; .* a,< *,” . . . -. I CIT.-3F CARLSUAD 1793 . COUNCIL POLICY STATWENT Genera1 Subject: Requirements Necessary' Specific Subject: to satisfy the Public Facilities Element of the General Plan * Page 3 of. 4 . . . P-- icy No.17 - Date Issued 8-29-79 f- 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 traffic signals, storm drains, bridges and other-similar projects as the Council may deem necessary and appropriate. Designation of expenditJ 1~s 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 fdllowing exce ptions 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 excep.tion 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. L (d) . The City k cuncil may grant an exception for a low cost housing project where the City Council finds such project consistent with the Eiousing Element of the General Plan and that such exception is necessary. In approviz..; an exception for low cost housing the 'City Ccuncil may attach c~znZitions, including limitations on rent or income levels of tene2ts. If the City Council finds a project is not being operated as a Icv cost housing project in accordance with 'all applicable conditions, the fee, which wquld otherwise be imposed by this chapter, shall immediat=- --y become due and payable. 7. There is excluesd from the fee imposed by this policy: (a) Any person: whcn,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. . * _ -. c . : . . . ( . :. cI'- OF CMLSB.W P's94 ‘ CdUNCIL POLICY STATEXENT Genera'1 Subject: * Requirements Necessary to satisfy the Public Specific Subject: Facilities Element of the General Plan zage 4 of 4 ' iiCy No. 17 1 Date Issued 8-29-79 Effektive Date 8129-79 Cancellation Date -- Supersedes No. 17 i-ed 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. a. The City Manager shall be responsible for the administration and enforcement of this pclicy. His decisions may be appealed to the City Council whos- 4 .decision shall be final. __ . -1 . . . * . . ‘. : . . .’ * . :_ . .. 1 , :. . : . .’ . . -. . ‘.& * s - . : . . . * . . .