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HomeMy WebLinkAboutMS 475; Bills, Walter and Ida Belle; 80-180073; Public Facilities Fee Agreement/ReleaseAft&r Recordi:lg Return To: .City Uqk - '1200 Flrn Ave. 'Caylsbad, CA 92008 : , 147 i. J&yjj:E;f$‘Ny Dpjj$$TfZN TJpy C}?F’Ii Ad _I 4,-d I * aa*\ - omim AND '!XX C%TY OF CAI'3X3~~D E'OX THZ YAYKENT OF iJ A XlRLIC F'kCILITISS FEE UI.---l..----l.pp__p TIIIS AGI?EEMENT is entered into this ,3 - A6'day of h&~2d"c) *, -- 19 Bo I 4 -- by and between - --- -- f , (name of developer-o-~~er~ ,hereinafter referred to a3 tnershi.p, et=) . “Developer” , whose address is $6-cd&~g~~kz.... F qddd& ; and THE CITY OF ~y~-EFZLk, zip ode CARLSBF,D, i3 rnuniciFa1 corporation of the State of.Cali.fornia, - . hereinafter referred to as "City", whose address is 1200 Elm Avence, Carlsbad, California, 92008. W I T N.-E S S E T H: ’ Ir7Z?EREAS, Dew loper is the owner of the real property described . on Exhibit "A", attached hereto and mahe a part of this agreement, hereinafter referred to as "Property"; and ~7lW3EAS, the Property lies within the boundaries of City; + 'and . WHEREAS, Developer proposks to construct . . ” 0 f 0’ 4’ . . Id0 - + I . . I ’ on said Property, which development car::ies the proposed name of 4cs-.3 &LksJ&. tefL--@*~ &.-ix&F A,& c Pb -.- -- and is hereafter referred to as "Development"; and . & WHEREAS, Developer filed on the H-day of PJ-&u&.+-~~ // 19pi, with the City a request. for 6z.Y ?fiszk;t,zchd /pcze -- (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 \ 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 Cl,erk and is incorporated by this referer)ce; an-3 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 I . . . 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'thc City cannot and will not be able to make 'any such finding without financial assistance to pay for . such services and facilities; and, therefore, Developer proposes 2. . 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: - Y . 1. The Developer shall pay to the City a public facilities fee in the amount of 2% of the building permit valuation of the ' building 2: or structures to be constructed.Ln the Development pursuant 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 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 pzid in lieu thereof pursuant to Chapter 20.44 of the Carlsb:& Municipal 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. t;e 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 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 Phragraph I above: If Developer offers to donate . a site or sites for public facilities, the City shall consider, but 3 : . ; . 150 -, , * is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined hy City prior to the issuanc e of any building or other permits. Such determination, when made ,shall become a part of this agreement. a Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal , Code. I 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 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 I this a& 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. 4: .’ A.- tri’l 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 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 2 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 or the City herein shall be deemed to be reference to and inclE,r their res-p ,,ctive successors and assigns without specific nfxtfon cr' s-~ch successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereJm.der shall terminate; provided, however, that . ajny successor of Developer's interest in the Property.shall have 5. . , . 152 ‘_ 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. t. , DEVELOPER-OWNER: CITY Ol? CARLSHAD, a municipal corporation of the State of California (Name) q/By in//i&&&$fj@ .,.& By 3 . &mG City Manager (Title) . ..-: &4.-- (Title) 2 - LA . VINCW!. zIO'NDc7, Z.., City Attorney , (Notarial acknowle.G-=r= ,,,,.,,nt of execution by DEVELOFER-OWNER must be attached.) * .- * . 6." . TO ‘944 CA (8.74, (Individual) STATE OF CALIFORNIA COUNTYOF &?+A D IFd;?? 153 , I /?%fl before me, theundersigned, a Notary in and for said b ’ &/-h=E j. f@ls JD& B e- Ls ,I , known to me to be the personL&-whose name f; *)-rtg subscribed to the within instrument and acknowledged tha t executed the same. WITNESS my hand and official seal. Sigyture I (This area for ol%cial notarial seal) . EXHIBIT “A” LEGAL DESCRIPTION . _..-.---- -_.- ._. - . . L . . . . ; ’ 155 . L LEGAL DESCRIPTION ORDER NO* 787975-2 PAGE NO. 1 EXHIBIT "A" PARCEL 1: All of Lot 58 of that tract described in Map No. 5162, recorded in the Office of the County Recorder of San Diego County, California on April 23, 1963. RESERVING AND EXCEPTING therefrom, together with the right to convey to others, an easement for both storm drain and tree maintenance purposes over a strip of land fifteen feet (15') wide adjacent to the boundary common to said Lot 58 and Lot 74, which easement shall not eliminate access to or development of Wharfage Area 58 conveyed herewith as Parcel 4 below. Tree maintenance includes the planting, cultivation and remo-, val of trees together with the right to construct, operate and maintain equipment for tree watering and tree lighting. There is also reserved and excepted, together with the right to convey to others, such improve- ments lying within this easement parcel which relate to the easement purposes. FURTHER RESERVING AND EXCEPTING all the oil, gas, mineral and other hydrocarbon substances lying below a depth of 500 feet from the surface of said land, without however the right of surface entry. PARCEL 2: -. A non-exclusive easement and right of way for pedestrian and vehicular ingress and egress including the right to transport small watercraft, over Lot 15 of that Tract described in Map No. 5162, recorded in the Office of the County Recorder of San Diego County, California, on April 23, 1963, which easement is for the benefit of and appurtenant to the . . hereinabove described Parcel 1 and being appurtenant shall run with the land. PARCEL 3: A non-exclusive easement and right of way for vehicular and small water- craft ingress and egress over Lot 74 of that tract described in Map No. 5162, recorded in the Office of the County Recorder of San Diego County on April 23, 1963 which easement is for the benefit of and appurtenant to the hereinabove described Parcel 1 and being appurtenant shall run with the land, and which easement is subject to such rules and regula- tions for use as may be promulgated from time to time pursuant to the Declaration of Restrictions and Protective Covenants more particularly described below. This easement shall terminate as to any wharfage area within Lot 74 as soon as construction of any wharfage facility is initiated therein. Such wharfagc area, to which reference is made in the previous sentence, is any one of those delineated in Exhibit "B" attached to and incorpo- rated in the Declaration of Restrictions and Protective Covenants more specifically described below. -.-. -- --- - ..^ -..-A _ ___. “_ - -.---__II-L .--..- .c . * -_ . .I -i 'LEGAL DESCRIPTION . . ORDER NO. 787975-2. PAGE NO. 2 156 PARCEL 4: An easement over that portion of the above referenced Lot 74 of said Tract described in Map No. 5162, recorded in the Office of the County Recorder of San Diego County, California on April 23, 1963 which portion is Whargate Area 58 as delineated in Exhibit "B" attached to and incor- porated in the above referenced Declaration of Restrictions and Protect- ive Covenants, said easement to be for the exclusive right to construct, maintain and use a wharfage facility pursuant to said Declaration of Restrictions and Protective Covenants and appurtenant to Parcel 1 above. Exhibit "A" . . . ‘. Q _- + es.--- * r.: * ‘. * t g.): :. , I 4’ . CITY OF CARLSfiAb’ l CCWNCIL POLICY-STATENENT Date Issued 8-29-79 ;eneral Subject: . Requirements h'eccssary to satisfy the Public L Effective Date 8-29-79 specific Subject: Facilities Element of the General ?lan Topies to: City Council, City Nanager, City Attorney, Department and Division Beads, Employee Bulletin Boards, Press, File BACKGIIOUXD: . s . ..: . . . - .?’ The Public Facilities Element of the General Plan requires that before giving approval to zoning, rezoning, developcent or redevebopment proposals, the public health and safety and the general welfare of the community and all its cFtizens require that the proponent of any such actions shall presen t 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 ietter 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 d&elopment from the City'.s r&sources. PURPOSE: 1. To establish a policy regarding the requirements which must he met before the City Cecncil will find that the Public Facilities Element has been satisfied. * 2. To establish's ?a,li.cy that will allow development to proceed in an orderly manner while. insuring that the requirements of the Public . Facxlitiss Element will be satisfied by establishing a fee to fund the cost of City-provj-dad faciiities, including but not limited to: Parks, major streets, trafz'ic signals, storm drains, bridges and public buildings such as fire srztions, police facilities, maintenance yards, libraries and General c?fF ces which will. insure they will be available ccncarrent 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 of availability from that entity, provided, hbwcver, developments which arc required to dedi.catc.land or pay fees for school facilities pursunnt to Chapter '21.55 of the Carlsbad !s!unicipal 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. $ . . (‘ .’ CIT=OF CARLSBAD _. COUNCIL POLICY STATEblENT General Subject: Requirements Necessary Specific Subject: to satisfy the Public Facilities Element of the General Plan ., Page 2 of 4 P-Iicy No.17 Date Issued 8-29-79 Effective Date 8-29-79 Cancellation Date Supersedes No-l7 issue.d 9-G-78 Copies to: City Council, City Manager, City Attorney, Department and Division Heeds, 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 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 deveiopment. ' 3. Prior to apprdval of any zoning, rezoning, development or redevelopment proposal, t32 applicant shall pay or agree to pay a public facilities fee i,r tkn2 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-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 Carlsbnd 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 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, c . . - .I c: : .sI (: >: . * * * *‘; CW-OF CARLSBAD ' , , 159 ' . COUh7CIL POLICY STATEPIENT General Subject: Requirements Necessary Specific Subject: to satisfy the Public Faci,lities Element of the General Plan Page 3 of, 4 E-- - 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 Beads, 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 newiy constructed. If the fee impbsed 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, swimRing 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 k cu:cil may grant an exception for a low'cost housing project where tk City Council finds such project consistent with the Rousing Element of the General Plan and that such exception is necessary. In appr0vin.T an exception for low cost housing the 'City Cou,rc il may attach czn?itions, including limitations on rent or income levels of tenants. If the City Council finds a project is not being operated as a iohs cost housing p reject in accordance withbll applicable conditicns, the fee, which would otherwise be imposed by this chapter, shall imInodiat=y -+y become due and payable. 7. There is exclua+d 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. , - -. . . -i . L’ ?; f . . * ?. . 9 $ . . . . . . ( , . ..‘.*. , ( . ‘ 4 _ r . C3[7-'OF CARLSEAD COUNCIL POLICY STATEBiENT General Subject: - RequiYements Necessary to satisfy the Public Specific Subject: Facilities Element of the General Plan Supersedes No. 17 iwlpd 9-6-78 Page 4 of 4 t . - -,iCy No. 17 Date Issued 8-29-79 Effective Date 8129-79 Cancellation Date -. ~~-~ Copies to:' City Council, City Blanager, City Attorney, Department and Division Heads, 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. . -8. The City Manager shall be responsible for the administration and enforcement of this policy. His decisions may be appealed to the City Council whos, a-decision shall be final. __ . . ‘- ‘. * . -1 : . . 3 . _ l _ .- l * . . . . . : . . . . . .-_ . . . .. ._ *. . .A.. . s(jaK::,9fj’C; >rl RECORDEDREQUESTOF @TfCIAL ~yyvx I_. s~wEc#hc$c~ i; ,:; c:.!.:,. . L i,i: . 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